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Section 28: Conditions of service of staff in an aided private school

The Tamil Nadu Private Schools (Regulation) Rules, 2023.State Rules of Tamil Nadu · 2019

(1) The number of staff employed in an aided private school for the purpose of grant, shall not exceed the number of posts fixed by the competent authority, with reference to the strength of the pupils as per the norms fixed by the Government.

(2) Appointment to the various categories of teaching and non teaching staff shall be made as follows:-

(a) Teaching Staff.-(i) by deployment of a teacher from any other aided private school in the same cadre drawing salary out of the grant from the funds of the Government; or

(ii) if no candidate is available by method (i) above, by promotion from among the qualified teachers in the feeder categories in that school:

Provided that promotion shall be made on grounds of merit and ability, seniority being considered only when merit and ability are approximately equal; or

(iii) if no candidate is available by method (ii) above, appointment from among the non-teaching staff employed in that school, provided he is fully qualified to hold the post of a teacher; or

(iv) if no candidate is available by method (iii) above, by direct recruitment;

(b) Non-Teaching Staff.- (i) by deployment from among the incumbents from any other aided private school in the same cadre, drawing salary out of the grant from the State funds; or

(ii) if no candidate is available by method (i) above, by promotion from among the qualified incumbents in the feeder categories or holding the post carrying the lower scale of pay in that school:

Provided that promotion shall be made on grounds of merit and ability, seniority being considered only when merit and ability are approximately equal; or

(iii) if no candidate is available by method (ii) above, appointment from among the incumbents holding the post carrying identical scale of pay of the post which has to be filled up in that school, provided he is fully qualified to hold the post; or

(iv) if no candidate is available by method(iii) above, by direct recruitment:

(3) In respect of an educational agency running more than one aided private school, the schools under that agency shall be treated as one unit for the purposes of seniority and promotion of the staff.

(4) Qualification.- (a) Age.- The minimum and maximum age limits for direct recruitment to a teaching and nonteaching post shall be the age limits specified by the Government from time to time for appointment to the corresponding post in Government schools:

Provided further that there shall be no maximum age limit for the non-teaching staff belonging to the reserved categories who possess a qualification which is higher than the minimum educational qualification as specified in Annexure IV - B;

(b) Other Qualifications.- The minimum qualification to be possessed by a teaching or a non-teaching staff of every aided private school shall be as prescribed in Annexure IV– A and Annexure IV – B respectively.

(5) Method of appointment,- The methods of appointment to the various categories of teaching and non-teaching staff in an aided private school shall be as prescribed in Annexure-V.

(6) Other Requirements.- Every teaching and non-teaching staff selected for appointment shall produce a certificate of fitness from any registered medical practitioner and two certificates from the gazetted officers or members of a local authority not related to the person selected for appointment, certifying the good conduct and character of the said person.

(7) The school committee of every aided private school shall enter into an agreement with the teaching and non –teaching staff as prescribed in Form VI-A, where the appointment is made permanently or in Form VI-B, where the appointment is made temporarily against any vacancy caused due to maternity leave:

Provided that no such appointment in a non-minority school shall be made by the school committee without the prior permission of the competent authority. The competent authority while giving such permission shall ensure with the authority concerned that no surplus staff in the respective category in the aided private school is available to be deployed as per the procedure prescribed in rule 31.

(8) The District Educational Officer (Elementary) or the Chief Educational Officer or the Principal, District Institute of Education and Training, as the case may be, shall verify the genuineness of the certificates of the staff so appointed and after satisfying himself that the appointment has been made as per the rules governing the post, accord approval of the appointment so made within a period of fifteen days. The concerned Block Educational Officer or the District Educational Officer or the Principal, District Institute of Education and Training, shall thereafter release the grant for the post to which the incumbent has been appointed.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 11

(9) Probation.- Every teaching and non-teaching staff appointed in an aided private school shall from the date on which he joins duty be on probation for a total period of two years within a continuous period of three years.

(10) Seniority.- (a) the school committee shall prepare and maintain a separate seniority list of teaching and nonteaching staff for each category of post every year;

(b) in case the educational agency is running more than one school, the school committee shall prepare a common seniority list each of the teaching and non-teaching staff of all the schools under it’s respective Board.

(11) Reservation.- While selecting the candidates for appointment by direct recruitment in every aided private school not being a minority school, the reservation of seats for the candidates shall be made following the rule of reservation in force in the State.

(12) Pay and Allowances.-(a) The scale of pay and dearness allowance and other allowances prescribed by the Government from time to time shall be made applicable to the teaching and non teaching staff of an aided private school. The pay and allowance shall be disbursed on the 1st day of every month through Electronic Clearing System (ECS);

(b) The school committee of every aided private school should have in operation a Provident Fund Scheme as approved by the Government.

(13) Leave.-Every teaching and non teaching staff of an aided private school shall be entitled to such leave as are admissible to the corresponding posts of teaching and non teaching staff of the Government schools.

(14) The school committee shall constitute a Grievance Redressal Cell for each school which shall address the grievances of the staff.

(15) The school committee shall also constitute an Internal Complaints Committee to ensure the prevention of sexual harassment of the women staff and for redressal of the complaints of sexual harassment and for matters connected therewith and incidental thereto in accordance with sub-section (2) of section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Central Act 14 of 2013).

(16) The school committee shall attend to all the claims of the service matters of the teaching and non teaching staff in accordance with these rules and the instructions issued by the Government or the Director.

(17) Retirement.- Every teaching and a non-teaching staff employed in an aided private school shall retire on attaining the age of sixty years or the age as may be specified by the Government in this regard.

Provided that if a teacher, who has been working in the eligible sanctioned post attains the age of superannuation in the middle of the academic year and if surplus teachers are available for deployment in the respective category of the post held by that teacher, such teacher shall be permitted to retire immediately and shall not be permitted to work on re-employment till the end of the Academic Year:

Provided further that if a teacher, who has been working in the surplus post attains the age of superannuation in the middle of the academic year, he shall be permitted to retire immediately and the post held by such teacher shall be surrendered to the Director.

(18) Retirement benefits.-The teaching and non teaching staff of an aided private school shall be entitled to the retirement benefits as applicable to the Government servants.

Where this provision sits

ActThe Tamil Nadu Private Schools (Regulation) Rules, 2023.
Section28
Marginal noteConditions of service of staff in an aided private school
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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