Section 5 in The Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977
5. Certain obligations of Management of private schools.
(1)The Management shall, as soon as possible fill in, in the manner prescribed, every permanent vacancy in a private school by the appointment of a person duly qualified to fill such vacancy;[Provided that unless such vacancy is to be filled in by promotion, the Management shall, before proceeding to fill such vacancy, ascertain from the Educational Inspector, Greater Bombay, [the Education Officer, Zilla Parishad or, as the case may be, the Director or the officer designated by the Director in respect of schools imparting technical, vocational, art or special education,] [The proviso was added, by Maharashtra 30 of 1987, Section 5(a).] whether there is any suitable person available on the event of such person being available, the Management shall appoint that person in such vacancy.](2)Every person appointed to fill a permanent vacancy [except [Assistant Teacher (Probationary)] [These words were inserted by Maharashtra 14 of 2007 Section 11(a), (w.e.f. 30.4.2007).] ] shall be on probation for a period of two years. Subject to the provisions of sub-sections (3) and (4), he shall, on completion of this probation period of two years, be deemed to have been confirmed.[Provided that, every person appointed as [Assistant Teacher (Probationary)] [This proviso has added by Maharashtra 14 of 2007, Section 11(b), (w.e.f. 30.4.2007).] shall be on probation for a period of three years.](2A)[ Subject to the provisions of sub-sections (3) and (4), [Assistant Teacher (Probationary)] [Sub-section (2A) was Inserted by Maharashtra 14 of 2007, Section 11(c), (w.e.f. 30.4.2007).] shall, on completion of the probation period of three years, be deemed to have been appointed and confirmed as a teacher.](3)If in the opinion of the Management, the work or behaviour of any probationer, during the period of his probation, is not satisfactory, the Management may terminate his services at any time during the said period after giving him one month's notice [or salary [or honorarium] [These words were added by Maharashtra 30 of 1987, Section 5(b).] of one month in lie of notice.](4)If the services of any probationer are terminated under sub-section (3) and he is reappointed by the Management in the same school or any other school belonging to it within a period of one year from the date on which his services were terminated, then the period of probation undergone by him previously shall be taken into consideration in calculating the required period of probation for the purposes of sub-section (2).(4A)[ Nothing in sub-section (2), (3) or (4) shall apply to a person appointed to fill a permanent vacancy by promotion of by absorption as provided under the proviso to sub-section (1).] [Sub-section (4A) was inserted by Maharashtra 30 of 1987, Section 5(c).](5)The Management may fill in every temporary vacancy by appointing a person duly qualified to fill such vacancy. The order of appointment shall be drawn up in the form prescribed in that behalf, and shall state the period of appointment of such person.
