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State of Tamilnadu - Section

Section 11 in Tamil Nadu Private Colleges (Regulation) Rules, 1976

11. Conditions of service, etc. of teachers and other persons in college.

(1)The number of teachers employed in a college shall not exceed the number of posts fixed by the Director, from time to time, with reference to the academic requirements and norms of work load prescribed by the respective Universities and overall financial considerations.(1-A) Every private college, not being a minority college, shall reserve 18 per cent of the vacancies for appointment as teacher or other employee, for candidates belonging to Scheduled Castes and Scheduled Tribes.(1-B) Every private college, not being a minority college, shall reserve 50 per cent of the vacancies for appointment as teacher or other employee, for the candidate belonging to the Backward Classes.(1-C) The claims of members of the Backward Classes, Scheduled Castes and Scheduled Tribes shall also be considered for the remaining 32 per cent of unreserved vacancies which are filled on the basis of merit. Where a candidate belonging to Backward Classes or Scheduled Castes or Scheduled Tribes is selected on the basis of merit in the said 32 per cent of the unreserved vacancies, the number of vacancies reserved for Backward Classes, Scheduled Castes and Scheduled Tribes, as the case may be, shall not, in any way, be affected.(1-D) If a qualified and suitable candidate belonging to any of the Scheduled Castes, Scheduled Tribes or Backward Classes is not available for selection for appointment in the turn allotted for them in the cycle, the turn so allotted to the Backward Classes shall lapse and the vacancy shall be filled by the next turn in the order of rotation; but the turn so reserved for Scheduled Castes and Scheduled Tribes shall not lapse the number of candidates to be selected in that recruitment shall be reduced by the number of Scheduled Castes and Scheduled Tribes candidates not available for the selection against the turn reserved for them. The unfilled vacancies reserved for Scheduled Castes and Scheduled Tribes shall be carried-over to the next recruitment and selection for appointment to that post in the next recruitment and selection made first for the carried over turn and then the normal rotation shall be followed. If qualified Scheduled Castes or Scheduled Tribes candidates are not available even then, the carried-over turn shall lapse and the vacancy shall be filled by the next turn in the order of rotation.
(2)
(i)The committee of every college shall enter into an agreement with the teachers in Form 7-A and with the employees other than teachers in Form 7-C. If the appointment is for a period not exceeding three months, the agreement shall be made in Form 7-B in the case of teachers and in Form 7-D in the case of employees other than teachers.
(ii)Four copies of the agreements referred to in clause (i) shall be executed, one copy shall be furnished to the teacher or the employees other than teacher, as the case may be, second copy shall be retained by the committee, the third copy shall be forwarded to the Director and the fourth copy sha-11 be forwarded to the University concerned. Fresh agreements shall be executed whenever there is a change of post specified in earlier agreement.
(3)In the case of regular vacancies, a fully qualified candidate shall be appointed only on a regular basis. However, in a temporary vacancy arising on account of leave, deputation for training or suspension, etc., a qualified candidate may be appointed temporarily for a specified period provided that such teachers services shall not be terminated before the expiry of the said period.
(4)[ (i) Promotions in respect of teaching staff shall be made on grounds of merit and ability, seniority being considered only where merit and ability are approximately equal, and in respect of non-teaching staff, promotions shall be made on seniority basis, provided other conditions, regarding qualification are satisfied.] [Substituted by G. O. Ms. No. 60, Education (RD), dated the 20th January 1986.]
(ii)[ The committee shall fill up the posts by promotion or by direct recruitment. The committee shall, while making promotion, consider the claims of all the qualified teachers in that college. If, however, none of the qualified teachers in the college is found suitable for promotion, the vacancy shall be filled up by direct recruitment by calling for applications from qualified persons through the Press or by calling for a list of candidates from the Employment Exchange by following the rule of reservation ordered by the Government, from time to time, for direct recruitment.] [Substituted by G. O. Ms. No. 1690, Education, dated the 21st October 1986.]
Explanation. - For purposes of this rule, if an educational agency has established and administered more than one college, then, the colleges under the control of that educational agency shall be treated as one unit.
(5)Service register shall be maintained for every teacher or other person ' employed in a college in the Form prescribed for Government servants, from time to time, showing among others, the date of appointment, the scale of pay on which the teacher or other person employed in a college, was appointed, the increments given, from time to time, the leave at credit and the leave granted and other relevant entries such as awards and punishments, etc.
(6)The scales of pay and other allowances of every teacher and other person employed in a college shall be as approved by the Government, from time to time.
(7)Every teacher and other person employed in a college shall be governed by the leave rules approved by the Government, from time to time, in respect of them.
(8)Every teacher in a college shall be governed by the rules under the Teachers Provident Fund Scheme and the committee shall ensure that all the teachers who are eligible for admission to the said Scheme are admitted to the Scheme.
(9)Every teacher or other person employed in a college shall, subject to the orders issued by the Government, from time to time, be eligible for pension.