Section 16 in The Rules for Payment Of Grant-in-Aid to Non-Government Educational, Cultural & Physical Education Institutions, 1963
16. Supersession.
- The existing Rules for Grant-in-aid as contained in Chapter XVII of the Education Code of Rajasthan, 1957 (as amended from time to time) are hereby superseded.Appendix IFormation of Governing Bodies(1)The Managing Committee or Governing Council shall consist of not more than fifteen members plus the Head or Heads of the institution or institutions run by the Society.(2)Not more than 2/3 of the management shall belong to any one community, caste or sect.(3)Not less than 1/3 of the total membership should be from amongst donors or subscribers.(4)At least the member should be accepted from amongst the teaching staff of the institution or institutions run by the management.(5)The Education Department will nominate one member on the Managing Committee who will be a Senior Education Officer or eminent educationist.Note.-Nominations will be made by the Director in the case of managing bodies or societies running not more than three institutions or of at least High Schools standard whose expenditure does not exceed rupees 3 lakhs per annum, and the Government in consultation with the Director of Education in the case of managing bodies which run more than three institutions of at least High School standard or whose expenditure exceeds rupees three lakhs per annum.(6)At least one member shall be co-opted from amongst the parents of the students of institution or institutions run by the management.(7)At least one old student of the institution run by the management be co-opted by the other members of the Managing Committee or Governing Council under clauses 4, 6 and 7.Note 1. - Donors. - Those who have donated at least Rs. 250/- at a time or have been paying a subscription of at least Rs. 3/-per month for at least one year shall be considered donors. Institutions may fix higher minimum of donation or subscription according to their needs.Note 2. - Donors and Founder members and Honorary members (if any) shall form an Electoral College for the election of the members (as may be fixed by them) to the Managing Committee or Governing Council under clause No. 3.Note 3. - While making nomination the department will see that the officer to be nominated is not inferior in status to the head of the institution concerned.Appendix IIRules of Discipline in Educational Institutions.The managers of recognised Educational Institutions are required to enforce the following principles of discipline:-(1)Strict regularity and implicit obedience must be exacted in class.(2)Any reported or observed objectionable conduct out of institution should be punished.(3)Parents must be given to understand that they cannot dictate to managers but that the managers have a right to lay on what conditions they will admit or retain pupils in their institutions.(4)Politeness and courtesy of speech and conduct should be inculcated as well as cleanliness of dress and person.(5)No child suffering from a contagious or infectious disease shall be permitted to attend any recognised institution.(6)Persons at study who are over sixteen (16) are free to attend all public meetings. Persons at study who are under that age may with the consent of their guardians be prevented by the Heads of their schools or colleges from attending any particular meeting which the heads of the schools or colleges consider objectionable.(7)Persons at study who are over eighteen (18) are free to become members of organisation other than those whose policy or programme involves the dissemination of ideas of violence or the use of violence.(8)Persons at study may take part in the activities of all educational, social and religious associations.(9)Such persons may not, however, become members of the executive or Managing Committee of any political or religious organisations likely to result in communal antagonism or take an active part in furthering the activities.Appendix IIIForm of AgreementAn agreement made this ............... day of ........between (hereunder called the teacher) of the one part and the Managing Committee of the......other part. The Committee hereby agrees to employ the teacher and the teacher hereby agrees to serve as in the said school on the following terms:-(1)The teachers employment shall begin from the...............day of ........... 19.. He shall be employed in the first instance for one year on probation and period of probation shall in no case exceed two years. If at the end of the period of two years, the teacher is not found competent or otherwise suitable, his appointment shall be terminated.(2)If confirmed in his appointment at the end of his period of probation, the teacher shall be employed on a monthly salary of Rs...........in the grade..........(3)The said monthly salary shall be paid regularly in the month following that for which it is due.(4)The duties of the teacher shall not be confined as to place to the school building nor as to time to the periods during which the school is open for the purpose of class tuition. The teacher shall perform all such duties connected with the work of the school as shall be required of him by the Headmaster and shall in carrying out those duties obey at all times and places the direction of the head of the institution. No work which is not connected with the school shall be required of him and the collection of subscriptions or donations for the School/College/Society funds shall not be considered as part of his duties. But his voluntary engagement in such work is not prohibited.(5)Except during periods when the school is closed for not less than four consecutive days the teacher shall not leave the Station in which the school is situated without having first obtained the written permission of the Headmaster.(6)The teacher shall be allowed leave according to the leave rules of the Government of Rajasthan.(7)(i)Subject to the provision of sub-clause (iii) of this clause, the Committee may at any time at a meeting regularly convened under this rule pass a resolution dismissing a teacher without notice for any one or more of the following offences:-(a)In subordination or disobedience of the orders of the Head of the institution or the management.(b)Deliberate neglect of duty.(c)Serious misconduct or the commission of an act which constitute a criminal offence.The teacher may at any time within 30 days after the passing of such a resolution apply to have the decision of the Committee reviewed by it in a second meeting and the Committee shall on receipt of such an application be summoned to a second meeting within one month of the receipt of such an application. At such second meeting the teacher may submit an additional statement of his case and shall if he so desires be allowed to appear before the Committee in person to state his case and to answer any question that may be put to him by any members present at the meeting. If the teacher does not apply to have the resolution of the Committee reviewed if the resolution is confirmed by the Committee at the second meeting, no further notice of dismissal shall be given to the teacher but he shall be given a copy of the resolution by which he is dismissed together with written statement of the grounds of his dismissal. He shall also be paid his salary up to and including the day on which he was suspended from duty but he may be required to refund or return any school money or any school property or the value thereof which he has misappropriated or wrongfully retained in his possession.(ii)Instead of dismissing the teacher on any of the grounds aforesaid the Committee may pass a resolution inflicting a lesser punishment by reducing the pay of the teacher for a specified period or by stopping increments of his salary either permanently or temporarily and/or may deprive the teacher of his pay during the period, if any, of his suspension. The teacher shall still be entitled to apply to have the resolution of the committee reviewed as provided in sub-clause (i). If the teacher so applies, the committee shall be at liberty to accept or reject his appeal at its second meeting or to pass a resolution dismissing the teacher instead of inflicting such minor punishment as aforesaid and in such case the resolution dismissing the teacher shall be final and no other notice of dismissal shall be necessary.(iii)Before a meeting is held for the purpose of dismissing or otherwise punishing the teacher, the Committee or manager shall give to the teacher a statement in writing of the specific charge or charges against him with particulars of time and place and shall allow him at least ten days in to give a written reply thereto and pending the meeting of the committee considered the charge or charges as aforesaid, the committee or the manager may suspend the member from duty. The Teacher shall however, be allowed if he so desires, to appear before the Committee in person to state his case and answer any questions that may be put to him by any members present at the meeting.Notes. - It will be incumbent upon the management to hold a meeting of the committee within a month from the time of receipt of a reply to the charge or charges framed against a teacher who is suspended and to pay to him subsistence allowance equal to ¼ of his pay from the time of suspension till the case is finally decided. (Now it should be ½ of his pay).(iv)If the teacher is exonerated of the charges brought against him, he shall be re-instated in his post and shall be paid his salary for the period during which he was suspended.(8)While the teacher as on probation as provided in clause I, the Committee may at any time terminate this agreement by giving the teacher one calendar month's notice in writing or upon paying to the teacher a sum equal to his salary for the month in addition to any pay which he has then earned. The teacher may similarly terminate this agreement by submitting one calendar month's notice in writing to the Committee through the Head of the institution or on paying to the Committee a sum equal to his salary for one month.(9)If, within three months of the expiry of the period of probation no notice of termination of this agreement or of an extension of the period of probation is received by the teacher he will be treated as confirmed in his appointment.(10)When the teacher has been confirmed, neither the teacher nor the committee, subject to the provisions of clause 7, shall terminate this agreement except by giving to the other three calendar month's notice in writing or paying to the other a sum equivalent to thrice the monthly salary which the teacher is then earning.The committee shall not terminate the agreement in any case unless a resolution to this effect has been passed at a meeting of the Committee specially convened for the purpose and unless adequate reasons for such action are recorded in the resolution. Such reasons shall be (a) inefficiency (b) general retrenchment decided upon for reasons of financial stringency (c) abolition of a subject or (d) abolition of a section or class.(11)The teacher shall follow all rules in regard to public examinations and private tuitions etc. in force in the institution.(12)If the teacher wishes to apply for any job elsewhere, the application shall be sent through the Head of Institution. The maximum number of places where one can apply shall not be more than two during an academic year.(13)If the teacher violates the provision of either clause 7 or clause 9, he will forfeit all pay then due to him and the committee may terminate his services or dismiss him as the case may be.(14)The committee will not, except with the previous sanction (to be obtained in writing) of the Director of Education, exercise its right under clause 8 between first day of January, and 31st day of March of any year. But the three months notice required under clause 8 shall not include the vacation.(15)Similarly no teacher will terminate his services before the end of the session without the previous permission in writing from the Director of Education.(16)In case the Committee decides to impose any punishment under clause 7 of this agreement the decision of the Committee shall become operative immediately and the teacher shall carry it out immediately. He will however, have the right to appeal to the Appeal Authority specified in Appendix III of the grant-in-aid Rules.(17)In all cases of appeal the decision of the department or the Government shall be final and no suit shall lie in any Civil Court in respect of the matters decided by it. Further, neither of the parties shall sue the other for the breach of this agreement nor refer it to arbitration without having first referred the question in dispute to the Director of Education and allowed him reasonable time not exceeding two months to settle the dispute.Note. - If the management fails to honour the judgment made by the Appellate Authority within three months of the date of award, the amount ordered for payment to the teacher shall be deducted from the grant-in-aid bill of the institution and paid to the teacher concerned direct by the Director of Education under intimation to the management.(18)If the teacher is not in the station at the time when any notice ought to be given to him in accordance with any of the provisions of the agreement such notice may be sent to him by registered post, to his address, if known and a notice so posted whether even delivered or not shall have effect from the day when it would have reached him in the ordinary course of the post. If the teacher leave the station without leaving any address a resolution or decision of the Committee passed not less than fourteen days after the date when notice would have been given to him if he had been in the station shall be effective whether the teacher gets notice of it or not.In witness whereof the parties hereto have set their hands the day and year above written.Signed on behalf of the Committee..............under the authority ofthe Committee as passed on in the presence of:-Witness (1)...........Address.. .............Witness (2)...........Address......................Witness (1)..........Address................Witness (2)..........Address................Appendix IVForm of agreement to be executed by the Heads of recognised aided institutions.An agreement made this day of 19 between......................... (hereinafter called the Headmaster) of the one part and the Managing Committee/Proprietor of the .......... school (hereinafter called the Manager of the other part. The Manager hereby agree to serve as Headmaster in the said school on the following terms:-(1)The Headmaster's employment shall being from the day of 19.. He shall be employed in the first instance for twelve months on probation and during this period shall be paid monthly salary of Rs...............(2)If confirmed in his appointment at the end of his period of probation the Headmaster shall be employed on a monthly salary of Rs. with increment of.................(3)The Manager shall pay the Headmaster the said monthly salary not later than the tenth day of the month following that for which the salary is earned and the Headmaster shall, on receiving the salary sign the acquittance roll in token of such receipt.(4)The Headmaster shall perform all such duties as appertain to a Headmaster and shall be responsible to the Manager of the said school for the due discharge of all such duties. The Headmaster shall be solely responsible for the internal management and discipline of the said school, including such matters as the selection of text books, the arrangement of time tables, the allocation of duties to all members of the school staff, the grant of casual leave to the staff in accordance with rules made by the Manager, the appointment, promotion, control and dismissal of the menial servants, the admission of free and half rate pupils within the number sanctioned by the Manager, the control of the hostel through the Superintendent, the admission and promotion of pupils, the organisation of games and the administration of the games fund and other similar funds such as a reading room, or examination fund. In financial and other matters for which he is not solely responsible the Headmaster shall follow the direction of the Manager, all instructions by the Manager to the members of the staff shall be issued through the Headmaster.The Headmaster shall have administrative control over the clerk and shall make recommendation to the Manager in regard to the number of free and half rate pupils to be admitted to the institutions. The Manager shall have the power to appoint, promote and dismiss the clerk, but the Headmaster shall have the power of controlling him.(5)The Headmaster shall give his whole time to the services of the said school and shall not, take up any work unconnected with the said school without obtaining the previous sanction of the Manager, the Headmaster shall not leave the station in which the said school is situated during the holidays and the vacation without having first obtained the written permission of the Manager.(6)The Headmaster shall confirm to all the approved rules in force in the school inclusive of leave rules and shall obey all lawful orders and directions as he shall from time to time receive from the Manager.(7)(a)The Manager may dismiss a Headmaster without notice for any one or more of the following offences,(1)Insubordination,(2)Deliberate neglect of duty,(3)Serious misconduct or the commission of an act which constitute a criminal offence.After proper enquiry is made, a charge sheet is given and an opportunity to answer is given to the person concerned.(b)Such termination will have to be supported by a resolution of the Committee specially convened for the purpose at least three fourth of the members are present by a two third majority of the members present and voting.(c)The dismissal or removal of a teacher shall be subject to the approval of the Director. A teacher discharged with or without notice may submit an appeal to the Director, provided that such an appeal is preferred within thirty days of the order of dismissal or removal.(8)While the Headmaster is on probation, as provided in clause 1, the manager may at any time terminate this agreement by giving the Headmaster two calendar month's notice in writing or upon paying to the Headmaster sum equal to two months salary in addition to any pay which may be due to him, and the Headmaster may similarly terminate this agreement, by submitting two calendar month's notice in writing to the Manager or paying to the Manager a sum equal to his salary for two months.(9)If by end of his period of probation no notice of the termination of this agreement, as provided for under clause 8 has been received or given by the Headmaster, he will ipso facto be confirmed in his appointment.(10)When the Headmaster has been confirmed, neither the Headmaster nor the Manager, subject to the provision of clause 7, shall terminate this agreement except by giving to the other three calendar month's notice in writing or by paying to the other a sum equivalent to three times the monthly salary which the Headmaster is then earning.(11)If the Headmaster at any time terminate this agreement otherwise than under the provisions of either clause 8 or clause 10 he will forfeit all pay then due to him and the Manager may dismiss him.(12)The parties to this agreement accept its conditions subject to such rules for the conduct of recognised schools as may be issued from time to time by the Education Department.In witness whereof the parties hereto have herein to set their hands the day and year first above written.Signature..............On behalf of the Managing Committee under authority of resolution of the committee as passed on.........in the presence of :-Witness (1)...............Address..........................Witness (2)...............Address..........................Signed by the said Headmaster .... in the presence ofWitness (1)...............Address..........................Witness (2)...............Address..........................Note 1.- In the case of an intermediate College, the word "School" where it occurs in the agreement should be altered to "College" and the word "Headmaster" to "Principal".Note 2.- In cases of girls schools, the word "Headmaster" where it occurs in the agreement should be altered to "Headmistress".Appendix V
