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State of Goa - Section

Section 74 in The Goa, Daman and Diu School Education Rules, 1986

74. Recruitment and promotion.

- [* * *] [Sub-rule (1) of rule 74 has been omitted.]
(2)Recruitment/promotion of employees in each recognised private school aided or unaided shall be made on the recommendation of the selection committee/promotion committee.
(3)The selection committee/promotion committee shall consist of:
(a)in the case of recruitment/promotion of the head of the school/Hr. Secondary school/primary Teachers' Training Institute.
(i)the chairman of the managing committee;
(ii)the Dy. Education Officer of the area or an educationist nominated by the Director of Education;
(iii)an educationist nominated by the managing committee; and
(b)in the case of an appointment/promotion of a teacher (other than the headmaster of the school):-
(i)the chairman of the managing committee or a member of the managing committee nominated by the chairman;
(ii)the head of the institution;
(iii)the Dy. Education Officer of the area or his representative to be nominated by him; and
(iv)in the case of appointment of a teacher in the Hr. Secondary school or a primary Teachers' Training Institute, a specialist may be co-opted by the committee and in such a case he/she shall carry the same rights and privileges on par with other members.
(c)in the case of an appointment/promotion of a non-teaching staff-
(i)the chairman of the managing committee or a member of the managing committee to be nominated by the chairman;
(ii)head of the institution;
(iii)the Dy. Education Officer of the area or his nominee.
Explanation: In case of minority schools the nominee of the Department or an Educationist appointed by the Director of Education in sub-rule (3) shall function as an observer and can participate in the discussion, but he/she shall not have the right to vote or make selection of the candidates, however he/she shall send a separate report to the Director of Education about his/her observations.
(4)The chairman of the managing committee, or, where he is not a member of the ["selection/promotion"] [These words have been substituted for the words 'selection', by (Amendment) Rules, 1994. (O. G., Series I No. 28 dated 14-10-1994).] committee, the member of the managing committee who is nominated by the chairman to be a member of the ["selection/promotion"] [These words have been substituted for the words 'selection', by (Amendment) Rules, 1994. (O. G., Series I No. 28 dated 14-10-1994).] committee, shall be the chairman of the ["selection/promotion"] [These words have been substituted for the words 'selection', by (Amendment) Rules, 1994. (O. G., Series I No. 28 dated 14-10-1994).] committee.
(5)Selection Committee/Promotion Committee shall ["follow the procedure applicable to the corresponding posts in the Government schools"] [These words have been substituted for the words ['regulate its own procedure'].].
(6)The selection made by the selection committee/promotion committee shall be ordinarily accepted by the managing committee of the school. Where any selection made by the selection committee/promotion committee is not acceptable to the Managing committee of the school, the managing committee shall record its reasons for such non-acceptance and refer the matter to the Director of Education for his decision and the Director of Education shall decide the same. [* * *] [In sub-rule (6) the words 'but however in the case of minority schools the decision of the managing committee shall be final' have been deleted by (Amendment) Rules, 1994 (O. G., Series I No. 28 dated 14-10-1994).]
(7)Where a candidate for ["recruitment/promotion"] [The word 'recruitment' occurring in sub-rule (7) and in any other rules shall be substituted for the words and figure 'recruitment/promotion', by (Amendment) Rules, 1994 (O. G., Series I No. 28 dated 14-10-1994).] to any post in the recognised school is related to any member of the selection committee, promotion committee the member to whom he is related shall not participate in the selection and a new member shall be nominated. ["by the Managing Committee of the school or by the Director of Education as the case may be as provided in sub-rule (3)"] [These words have been inserted.].
(8)No managing committee shall entertain any application for employment from a person who is already serving as a teacher or otherwise in a recognised school, whether aided or not, unless, the application from such person is duly forwarded by the manager of the school in which such applicant is serving:["Provided that every such application shall be forwarded by the applicant through the Head of the School to the Manager who shall forward the same to the prospective employer within seven days of its receipt by the Head of the School, under intimation to the applicant well within the time stipulated by the later towards the receipt of such application. In case the Manager fails to forward the application, the applicant may send a copy of his/her application to the prospective employer and appear directly for the interview."] [The first proviso to rule (8) has been substituted.]Provided further that no such employee shall be relieved of his duties on resignation except after the expiry of a period of:
(i)three months, in the case of a permanent employee from the date on which notice of resignation to leave the school is given;
(ii)one month, in the case of an employee who is not permanent, from the date of which notice of resignation to leave the school is given:
Provided also where the employee desires to relieve himself before the expiry of the notice period he shall be relieved forthwith after recovery of three months salary including allowances from the permanent employee and one month salary with allowances from the non-permanent employee as the case may be and the amount so recovered shall be credited to the Government treasury within one month of the acceptance of the resignation.