Section 20 in Code of Regulations for Approved Nursery and Primary Schools
20. Terminations.
- (A) In respect of a teacher or a member of non-teaching staff appointed temporarily or to act on probation, the management shall have power to terminate the services of such teacher or a member of non-teaching staff without notice for any or all of the following reasons:-(i)Wilful neglect of duty, serious misconduct, gross insubordination, mental unfitness, suspension or cancellation of Teachers Certificate by the Director or by an Officer authorised by him under the Code of Regulations for approved Nursery/Primary schools.(ii)With notice of two months or two months salary in lieu thereof for the following reasons:-(a)Incompetence,(b)Retrenchment, and(c)physical unfitness or any other good cause.Terminations. - (B) In respect of teachers or a member of non-teaching staff appointed permanently, the management shall have the power to terminate the services of such teacher or a member of non-teaching staff without notice for any or all of the following reasons:-(i)Wilful neglect of duty, serious misconduct, gross insubordination, mental unfitness, suspension, or cancellation of teachers certificate by the Director or an Officer authorised by him under the Code of Regulations for approved Nursery/Primary Schools.(ii)With three months notice or three months salary in lieu thereof for the following reasons:-(a)Incompetence;(b)Retrenchment;(c)and physical unfitness or any other good cause.Subject to the Proviso given below:(i)The School authority shall not terminate the services of the said teacher or a member of non-teaching staff whether summarily or otherwise without informing him/her in writing of the grounds on which they intend to take action and giving him/her what in their views is a reasonable opportunity for stating his/her case in writing and before coming to a final decision, shall duly consider his/her statement and if he/she so desires give him/her a personal hearing or conduct an enquiry.(ii)It shall be lawful for the school authority at any time if satisfied on medical evidence that the said teacher or a member of non-teaching staff is unfit and is likely for a considerable period to continue unfit by reason of ill-health for the discharge of his/her duties as such teacher or a member of non-teaching staff to terminate his/her services on paying him/her three month salary less any amount which may have been paid to him/her as leave allowance after the date of his/her last appearance in the school, for the regular discharge of his/her duties as teacher or a member of non-teaching staff subject to a minimum of one month full salary.(iii)That the said teacher or a member of non-teaching staff shall not during the period of this agreement when he /she has not been given notice or termination of his/her services by the school authority or has not given notice to the school authority for such termination of his/her services apply for an appointment under any other authority except through the school authority and the penalty for any breach of this may at the discretion of the school authority be dismissal from service. The school authority shall not refuse to forward such application but may decline to relieve him/her when the need arises unless he/ she gives due notice or pays an amount equal to the salary for three months.(iv)That the said teacher or a member of non-teaching staff when he/she becomes a permanent member of the staff of the said school shall be entitled to have his/her services terminated either by giving to the school authority three months notice thereof in writing or by paying that authority three months salary in lieu of such notice.
