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State of Maharashtra - Section

Section 18 in The Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981

18. Discharge Certificate.

(1)The Head shall issue a Discharge Certificate in the form in Schedule "H" to an employee (other than the Head himself) who leaves service after due notice or to an employee whose services are terminated. In the case of the Head, such a Discharge Certificate shall be issued by the Chief Executive Officer, and if the Head himself is the Chief Executive Officer, by the President. The Head, Chief Executive Officer or President shall issue Discharge Certificate at least within a week from the date of relief of the employee or, as the case may be, the Head concerned. If the Discharge Certificate is refused, reasons for such refusal shall be communicated in writing to the employee or the Head within one week from the date of relief. In case of refusal to issue the Discharge Certificate by the Head, the Chief Executive Officer or the President, the employee or the Head, may appeal to the Education Officer or in the case of Junior College of Education (o the Deputy Director of Education. The Education Officer or the Deputy Director of Education may after considering the reasons recorded by the Head, the Chief Executive Officer or the President, direct the Head, the Chief Executive Officer or the President to issue the Discharge Certificate and on receipt of such direction the Head, the Chief Executive Officer or the President shall issue the Discharge Certificate.
(2)No employee with previous service in a school shall be employed in other school unless he produces a Discharge Certificate or gives in writing that he is unable to produce a Discharge Certificate despite a written request to the previous Management. Unless the second Management finds out from the previous Management the reasons for the same and unless it is convinced of the bona fides of the employee regarding satisfactory work and good conduct, the second Management shall not continue the employee in service. In case he is continued in service, the Management of the new school shall report to the Education Officer or in the case of the Junior College of Education, to the Deputy Director about the refusal by the previous Management to issue the Discharge Certificate and obtain from him a certificate regarding the last pay drawn by the employee for the purpose of drawing his pay :Provided that, where an employee from a day school desires to join a Night School, such Discharge Certificate shall not be necessary. The Head of the Day school shall communicate his consent stating that there is no objection to the said employee taking up such part-time employment in addition.