Conditions of Service Head of Institution, teachers, and other employes

§26

Summary

. (1) Every person employed in an institution shall be governed by such conditions of service as may be prescribed by regulations and any agreement between the Management and such employees in so for as it is inconsistent with the provisions of this Act or with the ragulations, shall be void. (2) Without prejudice to the generality of the powers conferred by sub-section (1) the regulations may provide for,- (a) the code of conduct the period of probation, the conditions of confirmation and the procedure and conditions for promotion and punishment including suspension pending or in contemplation of inquiry or during the pendency of investigation, inquiry of trial in any criminal case for an offence involving moral turpitude and the emoluments for the period of suspension and termination of Service with notice; (b) the scales of pay and payment of salaries; (c) transfer of service from one recognized Institution to another; (d) grant of leave and provident fond and other benefits; and (f) maintenance of record of work and service (3) (a) No Head of institution or teacher may be discharged or removed or dismissed from service or reduced in rank or subjected to any diminution in emoluments, or served with notice of termination of service except with the prior approval in writing of the Regional Joint Director. (b) Regional Joint Director may approve or disapprove of reduce or enhance the punishment or approve or disapprove of the notice for termination of service proposed by the Management. Provided that in the cases of punishment, before passing o… Regional Joint Director shall give an opportunity to the Head of inst… the teacher to show cause within a fortnignt of the receipt of the n… the proposed punishment should not be inflicted. (c) Any party may prefer an appeal to the Director against an order of the Joint Director under clause (b) within one month from the date of comm….of the order to that party and the Director may, after such further enqi…considers necessary, confirm, set-aside or modify the order and ….passed by the Director shall be final. (4) No Head of institution or teacher shall be suspended by the Manageme… in the opinion of the Management,- (a) the charges against him are serious enough to merit his dismissal or reduction in rank; or (b) his continuance in office is likely to hamper or prejudice the c… disciplinary proceedings against him; or – (c) any criminal case for an offence involving moral turpitude against h… investigation, enquiry or trial. (5) Where any Head of institution or teacher is suspended by the Com… Management it shall be reported to the Regional Joint Director within s… from the date of order of suspension and the report shall contain such pa… may be prescribed by regulations and accompanied by all relevant docu… (6) No such order of suspension shall, unless approved in writing by the Reg… Director, remain inforce for more than sixty days from the date of such ord… order of the Regional Joint Director shall be final and shall not be question…court. (7) If at any time the Regional Joint Director is satisfied that disciplinary p… against the Head of institution or teacher are being delayed for no fault o… of institution or the teacher, the Regional Joint Director may after affording… to the Management to make representation, revoke an order of suspense… under this section.

. (1) Every person employed in an institution shall be governed by such conditions of service as may be prescribed by regulations and any agreement between the Management and such employees in so for as it is inconsistent with the provisions of this Act or with the ragulations, shall be void. (2) Without prejudice to the generality of the powers conferred by sub-section (1) the regulations may provide for,- (a) the code of conduct the period of probation, the conditions of confirmation and the procedure and conditions for promotion and punishment including suspension pending or in contemplation of inquiry or during the pendency of investigation, inquiry of trial in any criminal case for an offence involving moral turpitude and the emoluments for the period of suspension and termination of Service with notice; (b) the scales of pay and payment of salaries; (c) transfer of service from one recognized Institution to another; (d) grant of leave and provident fond and other benefits; and (f) maintenance of record of work and service (3) (a) No Head of institution or teacher may be discharged or removed or dismissed from service or reduced in rank or subjected to any diminution in emoluments, or served with notice of termination of service except with the prior approval in writing of the Regional Joint Director. (b) Regional Joint Director may approve or disapprove of reduce or enhance the punishment or approve or disapprove of the notice for termination of service proposed by the Management. Provided that in the cases of punishment, before passing o… Regional Joint Director shall give an opportunity to the Head of inst… the teacher to show cause within a fortnignt of the receipt of the n… the proposed punishment should not be inflicted. (c) Any party may prefer an appeal to the Director against an order of the Joint Director under clause (b) within one month from the date of comm….of the order to that party and the Director may, after such further enqi…considers necessary, confirm, set-aside or modify the order and ….passed by the Director shall be final. (4) No Head of institution or teacher shall be suspended by the Manageme… in the opinion of the Management,- (a) the charges against him are serious enough to merit his dismissal or reduction in rank; or (b) his continuance in office is likely to hamper or prejudice the c… disciplinary proceedings against him; or – (c) any criminal case for an offence involving moral turpitude against h… investigation, enquiry or trial. (5) Where any Head of institution or teacher is suspended by the Com… Management it shall be reported to the Regional Joint Director within s… from the date of order of suspension and the report shall contain such pa… may be prescribed by regulations and accompanied by all relevant docu… (6) No such order of suspension shall, unless approved in writing by the Reg… Director, remain inforce for more than sixty days from the date of such ord… order of the Regional Joint Director shall be final and shall not be question…court. (7) If at any time the Regional Joint Director is satisfied that disciplinary p… against the Head of institution or teacher are being delayed for no fault o… of institution or the teacher, the Regional Joint Director may after affording… to the Management to make representation, revoke an order of suspense… under this section.

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