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Section 49

The Uttar Pradesh Board of Secondary Sanskrit Education (Appointment and Conditions of Service of Heads of Institution, Teachers and Other…State Regulations of Uttar Pradesh · 2000

(1) The charge or charges should ordinarily be handed over to employee within 15 days from the date taking the decision to start formal proceeding.

(2) The employee should ordinarily be required to submit his written statement of defence within a period of 3 weeks and in no case should a period of more than a month be allowed for the purpose.

(3) The enquiry, including oral examination of the witness, should ordinarily be completed within a month of the submission of the written statement.

(4) The report of the enquring agency where he is not himself the punishing authority should be submitted as expeditiously as possible and ordinarily within a fortnight of the closing of enquiry.

(5) The punishing authority shall take decision without undue delay.

50. The employee, under suspension shall be paid a subsistence allowance of an amount equal to half his pay.

51. A suspended employee if reinstated, shall be paid the difference between his salary and subsistence allowance already received by him.

52. A suspended employee may in the discretion of the punishing authority, be punished with effect from the date of suspension or any other date.

53. The Regional Joint Director of Education shall communicate decision thereof to the management within six weeks of receipt of its proposal in complete form for action mentioned in subsection (3), (4), (5) and (6) of section-26 of the Act. If incomplete papers are received from the Manager, the approving officer shall require it to resubmit its original incomplete form within two weeks and the period of six weeks prescribed in this regulation shall be reckoned from the date on which complete papers are received by the approving officer. These papers shall either be send by register post or by the special messenger.

54. Under the provisions laid down in Clause (b) of sub-section (3) (b) of section 26 of the Act, any party being aggrieved of the decision of the Regional Joint Director of Education may make an appeal within one month from the date of the receipt of the same through the Inspector Sanskrit Schools, Uttar Pradesh to the Director Education (Secondary), Uttar Pradesh The Inspector Sanskrit Schools may make necessary inquiry and submit his recommendation on the appeal to the Director of Education (Secondary), Uttar Pradesh who may approved action taken or cancel or modify the same.

The decision of the Director of Education (Secondary) Uttar Pradesh shall be final.

55. In reference to Group-C employees of the institution, the Deputy Inspector Sanskrit Schools can approve or reject the proposed punishment or diminish or enhance the same :

Provided that in reference to the matter of punishment the Deputy Director of Education (Sanskrit) shall provide an opportunity to the concerning employee who may explain the reasons within 15 days from the receipt of the notice.

56. Any party under the provisions laid down in regulation 55, may appeal to the Regional Joint Director of Education within one month from the receipt of the information and the Regional Joint Director of Education after enquiry, that is necessary, shall approve the order or cancel or modify the same. That will be final one. The Regional Joint Director of Education shall pass an order on appeal within three months.

CHAPTER 7 Scale of pay and payment of salaries

57. A teacher or head of Institution or other employee shall be allowed the scale of pay sanctioned by State Government from time to time.

58. The pay of a head of Institution, teacher or other employee on his first joining service in an institution shall be fixed at the initial stage of the time-scale attaching to his post:

Provided that if he has served previously in another institution and earned increments, he may be given the benefit of such increments under conditions laid down by the State Government or in these regulations :

Provided further that advanced increment may be allowed in special cases with the prior approval of State Government.

59 Any promotion to a higher post the initial pay of an employee will be fixed at the minimum of the new scale if his pay is less than his minimum otherwise at the stage of the new time-scale next above his pay.

60. The Committee of Management will pay the salary of a head of Institution or teacher or other employee for a month by 20th day of the month next following calendar month.

61. The payment of salary will be made through account that will be opened in any nationalized bank.

62. Continuous service rendered in officiating or substantive capacity in an institution shall count for annual increment in the time-scale of pay.

63. Annual increment in time- scale of pay will be admissible to a head of Institution teacher or other employee unless punishment is imposed upon him stopping his increment or he is detained at the efficiency bar.

64. No head of the institution shall be allowed to cross the efficiency bar unless he has proved to be an able guide and efficient supervisor of the students and teachers has built up the right tone in the institution, achieved satisfactory academic standard, organized to co-curricular activities satisfactorily kept himself abreast of progressive educational thought, development and his integrity is certified.

65. No teacher shall be allowed to cross the efficiency bar unless he has proved himself a competent teacher, exercise a healthy influence on the students, co-operates in maintenance of discipline and in co-curricular activities, remains loyal to the institution and his integrity is certified.

66. If the efficiency bar of a head of the institution, teacher is not crossed under regulations 64 or 65 he may submit an appeal to the Regional Joint Director of Education within two weeks from the receipt of the information of the same. The Regional Joint Director of Education after due inquiry, if necessary, may pass an appropriate order that shall be final and to be implemented by the Committee of Management.

CHAPTER-8 Transfer From One Institution To Another

67. A head of Institution or a permanent teacher or any other employee of an institution other than minority institution, desiring his transfer to another institution may make an application for the purpose through the head of the institution and the manager of the institution of the Regional Deputy Inspector Sanskrit Schools with the proposal of the Committee of Management. The application besides other particular of the applicant shall contain the names of institutions, places and the district to which the transfer is desired.

68. Application received by the Regional Deputy Inspector Sanskrit Schools under the provision made in regulation 67 shall be forwarded by him/her to the Manager of the institution where the transfer is desired and the concerning manager of the institution with the proposal of the Committee of Management shall send his/her recommendations. On that the Regional Deputy Inspector Sanskrit Schools shall forward the papers with recommendations to the Regional Joint Director of Education for the order of transfer who shall pass the appropriate order.

69. The Deputy Inspector of Sanskrit Schools and the Regional Joint Director of Education shall maintain a register of applications for transfer received by them under regulations 67 and 68.

70. In case a head of the institution or a teacher desires transfer from the region to another under the provisions laid down in the regulations 67 and 68, the Regional Joint Director of Education shall send the papers of transfer to the Director of Education (Secondary), Uttar Pradesh through the Inspector Sanskrit Schools, Uttar Pradesh. The decision of the Director of Education (Secondary) shall be final :

Provided that if a head of the institution of a teacher desires transfer from one region to another, the Regional Joint Director of Education shall send the papers to the Director of Education (Secondary), Uttar Pradesh with recommendations and the proposal of the Committee of Management where transfer is desired.

71. No person employed in a recognized institution shall be transferred from that institution to any other institution unless -

(a) the Committee of Management for each such institution by means of a resolution duly passed in that behalf concur in such transfer;

(b) the permission in writing is necessary before giving effect to such transfer.

72. Transfer made under the provisions laid down in regulations 68, 69 and 70, the manager of the former institution shall send to the manager of the latter institution the employee's service book, character roll, leave account, provident fund account and other relevant records duly posted upto date :

Provided that all the relevant documents shall be sent to another institution within one month after the counter signature of the District Inspector of Schools.

Where this provision sits

ActThe Uttar Pradesh Board of Secondary Sanskrit Education (Appointment and Conditions of Service of Heads of Institution, Teachers and Other Employees of the Institutions) Regulations, 2009
Section49
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

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