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State of Madhya Pradesh - Act

M.P. Nagreeya Nikay Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005

MADHYA PRADESH
India

M.P. Nagreeya Nikay Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005

Rule M-P-NAGREEYA-NIKAY-SAMVIDA-SHALA-SHIKSHAK-EMPLOYMENT-AND-CONDITIONS-OF-CONTRACT-RULES-2005 of 2005

Published on 6 May 2005
Commenced on 6 May 2005
[This is the version of this document from 6 May 2005.]
[Note: The original publication document is not available and this content could not be verified.]

M.P. Nagreeya Nikay Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005Published vide Notification No F.4-76-05-18-1, dated 6-5-2005, M.P. Rajpatra (Asadharan) dated 6-5-2005 at page 402 to 402 (3)In exercise of the powers conferred by Section 433 read with Section 58 of the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956) and Section 355 read with Section 95 of the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961), the State Government, hereby makes the following rules, namely :-

1. Short Title and Commencement.

(1)These rules may be called the Madhya Pradesh Nagreeya Nikay Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005.

(2)These shall come into force from the date of their publication in the Madhya Pradesh Gazette.

2. Definitions.

- In these Rules, unless the context otherwise requires,-

(a)"Act" means the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956) and Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961);

(b)"Appeal Committee" means a Committee specified in Column (6) of Schedule-11 to hear and examine the objections received with respect to provisional selection list prepared by the Employing Authority;

(c)"Authorised Agency" means an agency prescribed by the State Government to conduct the eligibility examination for employment of Samvida Shala Shikshak as per Rule 6 of these Rules;

(d)"Contract" means a Contract entered into between a Nagreeya Nikay and a selected candidate for teaching in any particular school as per Appendix to these Rules;

(e)"Contract Extension Committee" means a Contract Extension Committee specified in Column (3) of Schedule-III:

(f)"Employing Authority" in relation to "Samvida Shala Shikshak" means the appointing authority as specified under Section 58 of the Madhya Pradesh Municipal Corporation Act, 1956 in case of Municipal Corporation and under Section 94 of the Madhya Pradesh Municipalities Act, 1961 in case of Municipality and Nagar Panchayat (Schedule-I);

(g)"Employment" means contract for Samvida Shala Shikshak by the Nagreeya Nikay for a specific school under these Rules;

(h)"Government" means the Government of Madhya Pradesh;

(i)"Nagreeya Nikay" means any Municipal Corporation constituted under Section 7 of the Madhya Pradesh Municipal Corporation Act, 1956 or any Municipality or Nagar Panchayat constituted under Section 5 of the Madhya Pradesh Municipalities Act, 1961;

(j)"Qualification" means the qualifications specified in Schedule-II;

(k)"Samvida Shala Shikshak" means a person employed by a Nagreeya Nikay for teaching in the Schools under their control;

(l)"Samvida Shala Shikshak Eligibility Examination" means eligibility examination to be conducted by an agency prescribed by the Government for the purpose of employment of "Samvida Shala Shikshak";

(m)"Schedule" means Schedule appended to these Rules; and

(n)"State" means the State of Madhya Pradesh.

3. Extent and Application.

- These rules shall apply to Samvida Shala Shikshak employed by a Nagreeya Nikay for the schools under their control.

4. Assessment of Vacancies of Samvida Shala Shikshak.

(1)The vacancies of Samvida Shala Shikshak shall be assessed by a Committee constituted under the Chairmanship of the Collector, which shall consist at the level of Nagar Palik Nigam - Commissioner, Nagar Palik Nigam and at the level of Nagar Palika/Nagar Panchayat, Chief Municipal Officer, Member Secretary, District Project Coordinator, District Education Officer, Assistant Commissioner/District Organiser, Tribal Welfare as its members. The Committee shall make School wise assessment of vacant posts as prescribed. While making the assessment, the Committee shall keep in view the surplus teachers in the Nagreeya Nikay, the Shikshakarmis posted in the Schools under their control, extension of contract of Samvida Shala Shikshak and employment on compassionate ground under these Rules.

(2)After the assessment of the Committee, the information regarding vacant posts shall be sent to the Government for approval. After the receipt of approval from the Government, the information of vacant post shall be provided to the Nagreeya Nikay.

(3)After the receipt of information of vacant posts from the Committee, Nagreeya Nikay shall ensure subject wise posting of teachers. The Nagreeya Nikay shall not proceed on its own assessment of the requirement.

5. Classification and Contract Remuneration.

- The classification of Samvida Shala Shikshak and contract remuneration shall be such, as may be specified in Schedule-I.

6. Selection and Method of Employment.

(1)The employment of Samvida Shala Shikshak after commencement of these Rules shall be done in accordance with the provisions of these Rules.

(2)"Samvida Shala Shikshak Eligibility Examination", hereinafter called 'Eligibility Examination' as prescribed, shall be conducted for the employment of Samvida Shala Shikshak. The eligibility examination shall be conducted by an agency prescribed by the Government.

(3)The agency authorised to hold eligibility examination for Samvida Shala Shikshak shall advertise the procedure to apply for taking the examination and the scheme of examination in the newspapers, as prescribed.

(4)The Educational qualifications for appearing in the eligibility examination of Samvida Shala Shikshak shall be such, as specified in Schedule-II.

(5)The grade and categorywise minimum percentage of marks to qualify in the eligibility examination of Samvida Shala Shikshak shall be as under

Grade of Samvida Shala Shikshak	Scheduled Castes	Scheduled Tribes	Other Backward Classes	Others
(1)	(2)	(3)	(4)	(5)
Grade-1	30%	30%	30%	40%
Grade-2	30%	30%	30%	40%
Grade-3	30%	30%	30%	40%

(6)The provisions of the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Janjatiyon Aur Anya Pichhade Vargon ke Liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994) shall apply to the employment of Samvida Shala Shikshak.

(7)

(a)Posts shall he reserved for candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes in accordance with the provisions of the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Janjatiyon Aur Anya Pichhade Vargon ke Liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994), instructions issued by the General Administration Department vide its Notification No. F-6-1 -2002/Reservation Cell/1/dated 19-9-2002 and orders issued by the State Government from time to time in pursuance of Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Janjatiyon Aur Anya Pichhade Vargon ke Liye Arakshan) Rules, 1998.

(b)For each category of vacant posts, the reservation shall be-

(i)50% for women;

(ii)subject to the proviso of Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (No. 1 of 1995), 6% for disabled persons (2% for visually impaired, 2% for hearing impaired, 2% for orthopaedically disabled;

(iii)10% for ex-army personnel;

(iv)To any other category which may be notified by the Government from time to time.

(8)Receipt of Application by Nagreeya Nikay. - (a) For filling of the vacant posts of Samvida Shala Shikshak, activitywise lime limits shall be fixed and applications for employment shall be invited as prescribed. Information in this regard shall be-

(i)displayed on the Notice Board of the concerned Nagreeya Nikay, and

(ii)published at local and divisional level in at least one popular, widely circulated newspaper through the Department of Public Relations.

(b)The applicant may apply for more than one place and for more than one grade.

(c)The age educational and other qualifications and disqualifications for the employment of Samvida Shala Shikshak shall be such as may be specified in Schedule-II of these Rules.

(9)Criterion of Section.- After the scrutiny of the applications received by Employing Authority, the categorywise merit list of the candidates belonging to unreserved category. Scheduled Castes, Scheduled Tribes and Other Backward Classes shall be prepared. For preparing the merit list, a maximum of 100 marks shall be awarded as under

(a)A maximum of 65 marks shall be awarded to the candidate in proportion to the marks obtained by him/her in the Samvida Shala Shikshak Eligibility Examination;

(b)A maximum of 15 marks shall be awarded for teaching experience in any school. For experience of one year, two years and three years, 05, 10 and 15 marks shall be awarded respectively.

Explanation. - (1) Teaching experience means an experience of teaching in Government School, Local Body (Panchayat,/Urban Body) Schools, Schools receiving Grant-in-aid from Government Education Guarantee Schools, erstwhile Non-Formal Education Centres of the Government. Teaching experience also includes experience as an honorary teacher appointed by the Government.

(2)Marks for experience shall be awarded on the basis of a certificate issued by District Education Officer/Assistant Commissioner. District Organiser, Tribal Welfare in case of teacher of Government School, School receiving Grant-in-aid from Government and erstwhile Non-Formal Education Centres of Government, by District Project Coordinator in case of Education Guarantee Schools, by Chief Executive Officer of concerned Panchayat in case of Panchayat Schools, by Officer authorised by the Urban Local Body in case of Urban Local Body School and by District Education Officer/Assistant Commissioner/District Organiser, Tribal Welfare in case of honorary' teachers appointed by the Government.

(3)In case of a School receiving Grant-in-aid from Government, experience certificate will be issued to those teachers only, whose salary has been paid from Grant-in-aid, only for that period for which salary was paid from the Government Grant-in-aid.

(4)A minimum experience of 8 months' duration in an academic year shall be required for being counted as an experience of one year. No marks shall be awarded for an experience of less than 8 months' duration.

(5)The Teaching experience of Classes 9 to 12, 6 to 10 and 1 to 8 shall be accepted for Samvida Shala Shikshak Grade-1, Grade-2 and Grade-3, respectively.

(c)20 Marks shall be awarded to the candidate of each Samvida Shala Shikshak Grade-1 for B.Ed./B.Ed. (Special Education), Samvida Shala Shikshak Grade-II for B.Ed./B.Ed. (Special Education)/B.T.C./D.Ed./D.S.E. and Samvida Shala Shikshak Grade-III for D.Ed./B.TC./D.S.E.

Explanation.-(1) In awarding marks to the candidates for holding required Degree/Diploma/Certificate with respect to the said training, the marks obtained by the candidates in the examination conducted for the said Degree/Diploma/Certificate shall not be taken into account.

(2)The candidates shall have to submit the mark sheet pertaining to the required Degree, Diploma, Certificate with the application.

(3)The B.Ed. (Special Education) or D.S.E. should be recognised by Rehabilitation Council of India, New Delhi.

(d)In case of equal marks in the categorywise merit list, preference shall be given in final selection to the candidate having obtained higher marks in the eligibility examination and even after that, if the situation of equality of marks arises, then preference shall be given to the candidate who is older in age.

(10)Preparation of Provisional Select List. - After scrutiny of the applications received under sub-rule (8)(a), provisional select lists as per sub-rule (9) for each category of candidate in order of their merit shall be prepared and in such list the names of the candidates mentioned in clause (b) of sub-rule (7) shall be shown separately and it shall include a waiting list containing such number of candidates as may be required by the Employing Authority. A unified selection list shall also be prepared in which the name of the candidates having secured highest marks is shown at the; top and other names are shown in descending order limited to the number of vacancies for unreserved category. If there appears to be any candidate from reserved category in the list of unreserved category on the basis of merit, his/her employment shall not be treated against the vacancy of reserved category. Thereafter the names of candidates of reserved category shall be shown in order of their merit limited to the number of vacancies reserved for each such category.

(11)Publication of Provisional & Final Select List. - (i) Provisional select lists prepared under sub-rule (10) shall be published in local newspapers and shall also be displayed on the Notice Board of the office of the concerned Nagreeya Nikay.

(ii)A list of candidates, who have not been provisionally selected, shall also be prepared containing their names with details of marks obtained by them and it shall be displayed on the Notice Board of the office of the concerned Nagreeya Nikay.

(iii)If any candidate has any objection in respect of provisional select list published in this behalf, he/she may file his/her objections to the concerned Collector of the District within ten days of the publication of the said list and the Collector shall forward the objections to the concerned Appeal Committee, as specified in Column (6) of Schedule-11 within two working days of last date of receipt of objections.

(iv)The objections filed by the candidate shall be decided by the Appeal Committee within 15 days of the receipt of objections from the Collector after giving an opportunity of due hearing to the candidate, who has filed the objection :

Provided that period of 15 days may be extended up to 5 days mentioning the reason therefor. If the objections are not decided by the Appeal Committee within the said period of 15 days and an extended period of 5 days, then the said objections, on reference from the Government, shall be decided by the Collector.

(v)The decision on objections shall be intimated in writing to the person concerned mentioning the reasons therefor.

(vi)After disposal of the objections, the final select list shall be published as prescribed and the final select list shall remain valid for a period of one year from the date of final publication.

(12)Period of Contract Employment. - Every person selected for the post of "Samvida Shala Shikshak" shall be employed on contract for a maximum period of three years for a particular school. He/She shall be required to enter into a contract in the form, as prescribed in the Appendix to these Rules. For every academic year, the assessment of work, conduct and performance of every "Samvida Shala Shikshak" shall be maintained by the Employing Authority in the form as prescribed :Provided that upon a direction from the Government, the employment of a selected candidate may be made as per requirement for a period of less than three years and his contract period may be extended up to three years.

(13)Employment from Final Select List. - (a) The employment from the final select list shall be made in accordance with the roster prescribed by the Government and duly maintained by the Nagreeya Nikay, under Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Janjatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994.

(b)A contract shall be made by the Employing Authority with the selected candidate for a school in the form as prescribed in the Appendix to these rules. The candidates shall be given the choice, following the order given in Schedule-IV, to select schools, in descending order of merit in the final select list. The selection of school by the candidates be through counselling.

7. Special Provision for Primitive Tribes.

- The applicants belonging to SAHARIYA tribe of Districts Sheopur, Morena, Datia, Gwalior, Bhind, Shivpuri, Guna and Ashoknagar, BAIGA tribe of Districts Balaghat, Mandla, Dindori, Shahdol and Umariya, BHARIYA tribe of Tamiya Development Block of District Chhindwara, possessing specified/prescribed minimum educational qualifications and other eligibility, shall be employed on the post of "Samvida Shala Shikshak" Grade-l/Grade-2/Grade-3 by the concerned Nagreeya Nikay without following the selection procedure mentioned in these rules. These candidates shall be able to obtain the benefit of this provision in any Nagreeya Nikay of the State. In such a situation when number of applications received are more than the total posts available, a selection shall be made on the basis of marks obtained in the examination of the minimum educational qualification in descending order.

8. Compassionate Appointment.

(1)The Collector shall, under the rules or directions issued by the Government, advise the Nagreeya Nikay for appointment on compassionate ground of any person eligible for employment on the post of "Samvida Shala Shikshak" and the Nagreeya Nikay shall employ such person. No eligibility examination shall be required for Compassionate Appointment under Rule 8.

(2)Period of contract and other terms and conditions of the Samvida Shala Shikshak appointed on compassionate ground will be the same as for other Samvida Shala Shikshak.

9. Extension in contract period.

(1)After completion of every three years service, the contract period of "Samvida Shala Shikshak" may be extended for a further period of three years by the Nagreeya Nikay on recommendation of the Committee specified in Schedule-Ill. The Committee shall recommend the extension on the basis of work, conduct, performance and the result of annual examination of the students of the classes, which he/she has been teaching. On completion of every three year period of contract employment, "Samvida Shala Shikshak" shall be entitled to 15% increase in his/her contract remuneration as compared to his/her previous contract remuneration :Provided that after every completion of nine years of the contract period of "Samvida Shala Shikshak", it may be extended for further three years by the Nagreeya Nikay on the basis of the recommendation of the Committee specified in Schedule-Ill. The Committee shall recommend the extension on the basis of medical examination, opinion of Parent Teacher Association of the concerned school and assessment of performance, work and result of last nine years of annual examinations of the students of classes in which he/she has been teaching.

(2)After the expiry of every contract period, in case of extension in contract period a new contract will have to be executed.

(3)The extension in the contract period of "Samvida Shala Shikshak" under sub-rule (1) may be made upto 62 years of age of "Samvida Shala Shikshak".

10. Discipline and Control.

- "Samvida Shala Shikshak" shall be under the disciplinary' and administrative control of the concerned Nagreeya Nikay. The Nagreeya Nikay shall have to take decision in prescribed time limit in respect of proposals/reports for disciplinary actions against Samvida Shala Shikshak from the prescribed officers.

11. Appeal.

- An appeal shall lie in accordance with the provisions of the Act against the orders passed under these rules.

12. Other Conditions.

(a)A person employed under these rules shall work under the administrative control of Nagar Palik Nigam through its Commissioner in case of Nagar Palik Nigam and Chief Municipal Officer in case of Nagar Palika or Nagar Panchayat and other officers as prescribed.

(b)A person employed under these rules shall only be entitled to travelling allowance as per rules applicable to Class-III employees of Nagreeya Nikay.

(c)A person employed under these rules shall not be entitled to any pensionary benefits.

(d)A person employed under these rules shall be entitled to thirteen days casual leave and three days optional leave in a year. In case of women "Samvida Shala Shikshak", she shall be entitled to ninety days maternity leave and in case of male "Samvida Shala Shikshak" he shall be entitled to fifteen days paternity leave, but no "Samvida Shala Shikshak" shall be entitled to any other kind of leave.

(e)"Samvida Shala Shikshak" shall not be transferred from his/her place of posting and he/she shall make his/her place of posting as his/her headquarter.

(f)No dearness allowance, house rent or any other allowance shall be payable to a person employed under these rules.

(g)Before the expiry of the contract term, services under these rules may be terminated by either side by giving one month's notice or by paying one month's contract remuneration in lieu thereof.

(h)A person employed under these rules shall be governed by the conduct rules as applicable to the employees of Nagreeya Nikay. Other conditions of service shall be such as may be specified in the contract.

13.

These rules shall also apply in the Schools run by Tribal Welfare Department.

14. Power of State Government to Prescribe.

- The power to "prescribe", wherever provided under these rules, shall be exercised by the Government by issuing executive orders.

15. Interpretation.

- If any question arises as to interpretation of these rules, the same shall be referred to the Government, whose decision thereon shall be final.

16. Repeal and Saving.

- The Madhya Pradesh Nagar Palika Samvida Shala Shikshak (Appointment and Conditions of Service) Rules, 2001 and all other rules corresponding to these rules in force immediately before the commencement of these rules shall stand repealed with effect from the dale on which these rules come into force :Provided that the orders made or the action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.

I

Classification & Remuneration of Samvida Shala Shikshak[See Rule 2 (f) and Rule 5]

S. No.	Classification of Samvida Shala Shikshak	Contract amount (Consolidated and fixed on firstappointment)	Employing Authority
(1)	(2)	(3)	(4)
1	Grade-1.	Rs. 4,500.00	As per clause (f) of Rule 2
2	Grade-2.	Rs. 3,500.00	As per clause (f) of Rule 2
5	Grade-3.	Rs. 2,500.00	As per clause (1) of Rule 2

II

Age, Qualifications, Disqualifications and Appeal Committee for Samvida Shala Shikshak[See Rule 2 (b) and Rule 6 (4), (8) (c)]

SI. No.	Classification of Samvida Shala Shikshak	Minimum Age	Maximum Age	Educational Qualifications	Member of Appeal Committee	Remarks
(1)	(2)	(3)	(4)	(5)	(6)	(7)
1.	Grade-1	21 yrs.	35 yrs.	Master's degree in Second division in concernedsubject or equivalent	(A) For objections received in relation to the provisionalselect list issued by the Nagar Palik Nigam : -1. Chairman,Education Committee, Nagar Palik Nigam- Chairman.2. AllMembers of Education Committee, Nagar Palik Nigam-Members.3.Commissioner, Nagar Palik Nigam- Member Secretary.4. DistrictEducation Officer- Member.5. Assistant Commissioner TribalWelfare-Member.(B) For objection received in relation to theprovisional select list issued by Nagar Palika/NagarPanchayat-1. Chairman, Education Committee, NagarPalika/Nagar Panehayat-Chairman.2. All members of EducationCommittee Nagar Palika/Nagar Panchayat-Members.3. ChiefMunicipal Officer, Nagar Palika/ Nagar Panchayat-MemberSecretary.4. Officer nominated by Collector who is not belowthe rank of Deputy Collector-Member.5. For DistrictHeadquarter's Nagreeya Nikay, District Education Officer and forother Nagreeya Nikay, nominee of District Education Officer, whois not below the rank of Block Education Officer-Member.6.For District Headquarter's Nagreeya Nikay, AssistantCommissioner, Tribal Welfare and for other Nagreeya Nikay,nominee of Assistant Commissioner, Tribal Welfare who* is notbelow the rank of Block Education Officer- Member.	The minimum Qualification for Samvida Shala Shikshak Grade-1(Sanskrit) of Sanskrit School shall be Acharya degree in IIdivision in Sanskrit Literature/Grammar etc. from recognisedInstitution/University.
2.	Grade-2	21 yrs.	35 yrs.	Bachelor's degree in Second division in concerned subject orequivalent	(A) For objections received in relation to the provisionalselect list issued by the Nagar Palik Nigam: -1. Chairman,Education Committee, Nagar Palik Nigam-Chairman.2. AllMembers of Education Committee, Nagar Palik Nigam-Members.3.Commissioner, Nagar Palik Nigam-Member Secretary.4. DistrictEducation Officer-Member.5. Assistant Commissioner TribalWelfare-Member.(B) For objection received in relation to theprovisional select list issued by Nagar Palika/ NagarPanchayat-1. Chairman, Education Committee, NagarPalika/Nagar Panchayat-Chairman.2. All members of EducationCommittee Nagar Palika/Nagar Panchayat- Members.3. ChiefMunicipal Officer, Nagar 1'alika/ Nagar Panchayat-MemberSecretary4. Officer nominated by Collector who is not belowthe rank of Deputy Collector-Member.5. For DistrictHeadquarter's Nagreeya Nikay, District Education Officer and forother Nagreeya Nikay, nominee of District Education Officer, whois not below the rank of Block Education Officer- Member.6.For District Head-quarter's Nagreeya Nikay, AssistantCommissioner, Tribal Welfare and for other Nagreeya Nikay,nominee of Assistant Commissioner, Tribal Welfare who is notbelow the rank of Block Education Officer- Member.	The minimum qualification for Samvida Shala Shikshak Grade-2(Sanskrit) of Sanskrit School shall be Sanskrit degree in IIdivision in Sanskrit Literature/Grammar etc. from recognisedInstitution/ University.
3.	Grade-3	18 yrs.	35 yrs.	Higher Secondary Certificate Examination or equivalent	(A) For objection received in relation to the provisionalselect list issued by Nagar Palik Nigam: -1. Chairman,Education Committee Nagar Palik Nigam-Chairman.2. All membersof Education Committee, Nagar Palik Nigam-Members.3.Commissioner, Nagar /Palik Nigam - Member Secretary.4.District Education Officer – Member.5. AssistantCommissioner Tribal Welfare-Member. (B) For objection received inrelation to the provisional select list issued by NagarPalika/Nagar Panchayat- 1. Chairman, Education Committee, NagarPalika/Nagar Panchayat-Chairman 2. All members of EducationCommittee Nagar Palika/Nagar Panchayat-Members. 3. ChiefMunicipal Officer, Nagar Palika/Nagar Panchayat-MemberSecretary.4. Officer nominated by Collector who is not belowthe rank of Deputy Collector-Member.5. For DistrictHead quarter's Nagreeya Nikay, District Education Officer and forother Nagreeya Nikay, nominee of District Education Officer, whois not below the rank of Block Education Officer-Member.6.For District Head quarter's Nagreeya Nikay, AssistantCommissioner, Tribal Welfare and for other Nagreeya Nikay,nominee of Assistant Commissioner, Tribal Welfare who is notbelow the rank of Block Education Officer-Member.	1. The minimum qualification for Samvida Shala ShikshakGrade-3 (Sanskrit) of Sanskrit School shall be Uttar Madhyama inSanskrit Literature/Grammar etc. from recognisedInstitution/Board.2 The minimum qualification for SamvidaShala Shikshak Grade-3 (Music/Tabla teacher) shall be Certificatein Music from recognised Institution.3. The minimumqualification for Samvida Shala Shikshak Grade-3 (PhysicalInstructor) shall be Certificate of Physical Education from anyrecognised Institution in addition to Higher SecondaryCertificate Examination.

Note. - (a) Qualifications :-

(1)Any candidates, who have obtained minimum marks in the eligibility examination of Samvida Shala Shikshak as per sub-rule (5) of Rule 6, may apply to Nagreeya Nikay for the employment as Samvida Shala Shikshak;

(2)The relaxation in maximum age limit in respect of Scheduled Caste, Scheduled Tribe and Other Backward Classes or any other class shall be according to Government rules in force at the time of employment;

(3)Women candidates shall have ten years relaxation in maximum age limit in addition to other relaxations;

(4)The Instructors/Supervisors of erstwhile Government Non Formal Education Centres, the Honorary Teachers appointed for Government Schools shall be given nine years relaxation in maximum age limit subject to the condition that the candidate shall not have attained 40 years of age;

(5)The candidates who have worked as Samvida Shala Shikshak and who apply fresh for employment as Samvida Shala Shikshak, shall be entitled to relaxation in maximum age limit to the extent of the period, they have worked previously as Samvida Shala Shikshak. On this basis the relaxation shall be to a maximum of nine years. Provided their contract was not terminated due to their work being found unsatisfactory.

(6)Daily Wage Workers who are either working or retrenched by Government, shall have relaxation in maximum age limit equivalent to the period of service rendered by them subject to the condition that the candidate shall not have attained 40 years of age.

(7)The minimum and maximum age shall be counted with reference to 1st January of the calendar year in which the vacancies are advertised.

(8)The educational qualification for the employment of Samvida Shala Shikshak mentioned in column (7) Remarks of Schedule-II, shall he acceptable also for other corresponding posts of Samvida Shala Shikshak.

(b)Disqualifications.- No. person shall be entitled for employment for Samvida Shala Shikshak ;-

(1)Unless he/she is a citizen of India or a subject of Nepal or Bhutan:

(2)If he/she has been dismissed for misconduct from service of Central Government, State Government, Zila or Janpad Panchayat or Gram Panchayat or any other local authority or a Co-operative Society or any Public Sector Undertaking under the control of Central Government or State Government;

(3)If he/she has been convicted of an offence which involves moral turpitude;

(4)If he/she has been convicted of an offence against women torture :Provided that where such case is in pending in a Court against candidate, his/her case of appointment shall be kept pending till the final decision of the Criminal Case;

(5)If he has more than one wife living, and in case of a female candidate, if she has married to a person having a wife living already;

(6)If he/she has been convicted of criminal offence and has been punished :Provided that if a person has been so convicted but has been let of only with a warning and has not been sentenced to undergo any punishment, such conviction shall not be taken into account;

(7)If he/she does not possess minimum prescribed qualification for the Samvida Shala Shikshak;

(8)If he/she is an employee of the Central Government or of the State Government or of any local authority or of Central Government, or State Government undertaking or of any Government aided body, unless he/she obtains no objection certificate of his/her employer and submits it alongwith his/her application; or

(9)If he/she has more than two living children, one of them was born on 26-1-2001 or thereafter.

(c)The Government may give Instructions for the Subject wise Employment of Samvida Shala Shikshak Grade-3 if necessary. In this case the candidate will have to hold the educational qualification shown in column (5) of Schedule-II with that particular subject.

III

Contract Extension Committee[See Rule 9]

S. No.	Classification of Samvida Shala Shikshak	Members of Contract Extension Committee
(1)	(2)	(3)
1.	Grade-1	(A)(B)	At the level of Nagar Palik Nigam:(1) Chairman of Education Committee Nagar Palik Nigam-Chairman.(2) Commissioner, Nagar Palik Nigam - MemberSecretary.(3) District Education Officer, AssistantCommissioner, Tribal Welfare Deptt.- Member.(4) Two Membersnominated by Education Committee of Nagar Palik Nigam-Member.At the level of Nagar Palika/Nagar Panchayat:(1) Chairmanof Education Committee, Nagar Palika/Nagar Panchayat –Chairman.(2) Chief Municipal Officer, Nagar Palika/NagarPanchayat - Member Secretary.(3) District Education Officer,Assistant Commissioner, Tribal Welfare Department or theirnominee who are not below the rank of Block Education Officer –Member.(4) TWo Members nominated by Education Committee ofNagar Palika/Nagar Panchayat -Member.
2.	Grade-2	(A)(B)	At the level of Nagar Palik Nigam :(1) Chairman ofEducation Committee Nagar Palik Nigam- Chairman.(2)Commissioner, Nagar Palik Nigam - Member Secretary.(3)District Education Officer, Assistant Commissioner, TribalWelfare Deptt.- Member.(4) TWo Members nominated by EducationCommittee of Nagar Palik Nigam-Member.At the level of NagarPalika/Nagar Panchayat :(1) Chairman of Education Committee,Nagar Palika/Nagar Panchayat – Chairman.(2) ChiefMunicipal Officer, Nagar Palika/Nagar Panchayat - MemberSecretary.(3) District Education Officer, AssistantCommissioner, Tribal Welfare Department or their nominee who arenot below the rank of Block Education Officer – Member.(4)Two Members nominated by Education Committee of NagarPalika/Nagar Panchayat -Member.
3.	Grade-3	(A)(B)	At the level of Nagar Palik Nigam :(1) Chairman ofEducation Committee Nagar Palik Nigam- Chairman.(2)Commissioner, Nagar Palik Nigam - Member Secretary.(3)District Education Officer, Assistant Commissioner, TribalWelfare Deptt.- Member.(4) Two Members nominated by EducationCommittee of Nagar Palik Nigam-Member.At the level of NagarPalika/Nagar Panchayat :(1) Chairman of Education Committee,Nagar Palika/Nagar Panchayat – Chairman.(2) ChiefMunicipal Officer, Nagar Palika/Nagar Panchayat - MemberSecretary.(3) District Education Officer, AssistantCommissioner, Tribal Welfare Department or their nominee who arenot below the rank of Block Education Officer – Member.(4)Two Members nominated by Education Committee of NagarPalika/Nagar Panchayat -Member.

Note. - (1) If none of the members in item Nos. (1), (2) and (3) of column No. (3) against serial number 1, 2 and 3, belongs to Scheduled Castes/Scheduled Tribes, one of the members against item No. (4) shall be nominated from these categories.

(2)If none of the members in item Nos. (1), (2) and (3) of column No. (3) against serial number 1, 2 and 3, is a woman, one of the members against item No. 4 shall be a woman.

IV

[See Rule 6 (13) (h)]

S. No.	Category of Samvida Shala Shikshak
(1)	(2)
1.	Handicapped woman, Scheduled Tribe
2.	Handicapped woman, Scheduled Caste
3.	Handicapped woman, Other Backward Class.
4.	Handicapped woman, unreserved.
5.	Handicapped man, Scheduled Tribe.
6.	Handicapped man. Scheduled Caste
7.	Handicapped man, Other Backward Class.
8.	Handicapped man, unreserved.
9.	Woman, Scheduled Tribe.
10.	Woman, Scheduled Caste.
11.	Woman, Other Backward Class.
12.	Woman, unreserved.
13.	Man, Scheduled Tribe.
14.	Man, Scheduled Caste.
15.	Man, Other Backward Class.
16.	Man, unreserved.

AppendixForm of Contract[See Rule 6 (12)]This Contract made on the.................day of........between Shri................. (hereinafter called "the Samvida Shala Shikshak Grade-I/Grade-II/Grade-III") on the one part and of the for and on behalf of the.................on the other part.Whereas the ....................... (name of Nagreeya Nikay) has agreed for employment of the candidate as "Samvida Shala Shikshak Grade-I/Grade-II/Grade-III ................. (Name of School) from the........................ day of.(year) on the following terms and conditions in addition to the conditions provided in the Madhya Pradesh Nagreeya Nikay Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005.Now it is agreed between the parties as follows

(1)The .................. shall employ and the Samvida Shala Shikshak Grade-I/Grade-II/Grade-III shall serve the.............as.....................from the......................day of...................

(2)The Samvida Shala Shikshak Grade-I/Grade-II/Grade-III shall serve the ................for the period of...............years from the ............... day of ............ subject to earlier termination as hereinafter provided.

(3)The Samvida Shala Shikshak Grade-I/Grade-II/Grade-III will devote his/her whole time to the duties of the service and will not engage directly or indirectly in any trade, business or occupation on his/her own account and will not (except in the case of accident or sickness certified by the competent medical authority) absent himself/herself from his/her duties without having first obtained permission from the .....................Commissioner in case of Nagar Palik Nigam and Chief Municipal Officer in case of Nagarpaiika/Nagar Panchayat.

(4)The Samvida Shala Shikshak Grade-I/Grade-II/Grade-III will not be transferred from his/her place of posting and he/she shall make his/her place of posting as his/her headquarter.

(5)This contract may, at any time during the continuance thereof, be terminated by either party giving to the other party at least one calendar month's notice in writing to that effect. Any such notice given by or on behalf of the Nagreeya Nikay shall be deemed to be sufficient, if addressed to the Samvida Shala Shikshak Grade-I/Grade-II/Grade-III and sent by registered post to his her last known place of residence :Provided that, the services of the Samvida Shala Shikshak Grade-I/Grade-II/Grade-III may be terminated without notice and the Samvida Shala Shikshak Grade-I/Grade-II/Grade-III shall be paid equivalent to one month's contract remuneration by the concerned Nagreeya Nikay :Provided further that if the contract is terminated by the Samvida Shala Shikshak Grade-I/Grade-II/Grade-III before the expiry of the contract period without giving the requisite one month's notice, he/she shall pay one month's contract remuneration to the concerned Nagreeya Nikay.

(6)The contract of the Samvida Shala Shikshak Grade-I/ Grade-II/Grade-III may at any time be terminated without any notice if the Samvida Shala Shikshak Grade-I/Grade-II/ Grade-Ill commits any misconduct or any wilful breach or neglect of the terms of this contract or of his/her duties or any of the duties which may from lime to time be assigned to him/her.

(7)During the term of his/her employment, the Samvida Shala Shikshak Grade-I/Grade-II/Grade-III shall be paid Rs...........per month.

(8)The Samvida Shala Shikshak Grade-I/Grade-II/Grade-III shall not be entitled to any pensionary benefits.

(9)Notwithstanding anything contained in clause (5) of this contract, it shall be lawful for the Nagreeya Nikay to terminate the contract of the Samvida Shala Shikshak Grade-I/Grade-II/ Grade-Ill at any time during the continuance of this contract, if it is satisfied on the report of a duly constituted advisory Medical Board that the Samvida Shala Shikshak Grade-I/ Grade-II/Grade-III is unfit, and is likely for a considerable period to continue to be unfit by reason of ill health for the discharge of his/her duties, his/her services shall be terminated after giving one month's notice to him/her. In the event of such termination, the Nagreeya Nikay shall not be liable to pay any compensation to the Samvida Shala Shikshak Grade-I/Grade-II/ Grade-Ill for the unexpired period of the contract.

(10)The Samvida Shala Shikshak Grade-I/Grade-II/Grade-III shall, while travelling on duty only, be entitled to travelling allowance as per rules applicable to the Class-Ill employees of the concerned Nagreeya Nikay.

(11)During the course of his/her employment, the Samvida Shala Shikshak Grade-I/Grade-II/Grade-III shall be allowed leave in accordance with the provision of clause (d) of Rule 12 of the Madhya Pradesh Nagreeya Nikay Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005.

(12)If the candidate does not hold on the date of Contract the Degree/Diploma/Certificate of B.Ed./B.TC./D.Ed. he/she shall have to submit such Degree/Diploma/Certilicate during the period of this Contract failing which his/her period of Contract shall not be extended.

(13)A Samvida Shala Shikshak's character verification shall he carried out immediately after employment. For this purpose, the Samvida Shala Shikshak shall have to furnish information as prescribed within 15 days. If in Character Verification, anything adverse is found, this contract shall be cancelled by the Employing Authority after giving an opportunity to be heard to the Samvida Shala Shikshak.

(14)This contract shall be terminated as soon as he or she becomes the father or mother of a third living child.

(15)If an Samvida Shala Shikshak Grade-I/Grade-II/Grade-III absents himself/herself from duty without due permission, or remains absent on leave exceeding the days or period, as mentioned in Rule 12 of the Madhya Pradesh Nagreeya Nikay Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005, an remuneration proportionate to such period shall be deducted from his/her contract remuneration.

(16)Samvida Shala Shikshak Grade-I/Grade-II/Grade-III has to perform all other work/duties assigned by employing authority from time to time.In witness whereof the parties hereto have executed this Contract on the............day of............, first hereinabove written and sign and seal of Nagreeya Nikay have been affixed hereto.In the presence of -

1.

...............................

(1)Signature.........................of the Employing Authority

1.

...............................

(2)Signature.........................(Name)of the Samvida Shala ShikshakGrade-I/Grade-II/Grade-IIISigned and sealed by.....................Commissioner/Chief MunicipalOfficer, as the case may be.

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State of Madhya Pradesh - Act