The Punjab Panchayati Raj Primary Teachers (Recruitment and Conditions of Service) Rules, 2006

Notification

The 25th May, 2006.

No.G.S.R.23/PA.9/94/Ss.196 and 227/2006 .- With reference to the Government of Punjab, Department of Rural Development and Panchayats, Notification No. G.S.R. 16/P.A.9/94 Ss 196 and 227/2006, dated the 13th April, 2006 and in exercise the powers conferred by section 27 read with sub-section (2) of section 196 of the Punjab Panchayati Raj Act, 1994 (Punjab Act 9 of 1994), and all other powers enabling him in his behalf, the Governor of Punjab is pleased to make the following rules regulating the recruitment and the conditions of the persons appointed to the Punjab Panchayati Raj Primary Teachers (Recruitment and Conditions of Service), namely :-

Rules

1. Short title and commencement.-

(1) These rules may be called the Punjab Panchayati Raj Primary Teachers (Recruitment and Conditions of Service) Rules, 2006.

(2) They shall come into force with immediate effect.

2. Definitions.-

(1) In these rules, unless the context otherwise requires,-

(a) “Act” means the Punjab Panchayati Raj Act, 1994;

(b) “direct appointment” means an appointment made otherwise than by promotion or by transfer of a person already in the Service of Government of India or a State Government;

(d) “Selection Committee” means a Committee constituted under rule 5;

(e) “Service” means the Zila Parishad Service constituted under rule 3; and

(f) “State Government” means the Government of the State of Punjab in the Department of Rural Development and
Panchayats.

(2) The words and expressions used in these rules, but not defined, shall have the same meaning as assigned to them in the Punjab Panchayati Raj Act, 1994.

3. Constitution of Service.-

The State Government hereby constitutes the Punjab Panchayati Raj Primary Teachers (Recruitment and Conditions of Service) comprising the posts as specified in Appendix ‘A’:

Provided that nothing in these rules shall affect the inherent right of the State Government to add to or to reduce the number of such posts or create new posts with different designations and scales of pay whether permanently or temporarily.

4. Appointing Authority.-

Appointment to the Service shall be made by the Chief Executive Officer on the recommendation of the Selection Committee constituted under rule 5.

5. Constitution of Selection Committee.-

(1) There shall be constituted by the State Government a Selection Committee at the level of every Zila Parishad to be called Zila Parishad Selection Committee. The Selection Committee shall comprise the following members, namely:-

(2) For the purpose of making selection, the Selection Committee shall follow the criteria, as specified in rule 11.

6. Pay of members of the Service.-

The members of Service shall be entitled to such scales of pay, as may be authorised by the Punjab Government from time to time. The scales of pay at present in force in respect of the members of the Service, are given in Appendix ‘A’.

7. Nationality and character of persons appointed to the Service.-

(1) No person shall be appointed to the Service unless he is a citizen of India.

(2) No person shall be recruited to the Service by direct appointment, unless he produces,-

(a) a certificate of character from the principal academic officer of the university, college, school or institution last attended, and similar certificates from two responsible persons not being his relatives, who are well acquainted with him in his private life and are unconnected with his university, college, school or institution; and

(b) an affidavit to the effect that he was never convicted for any criminal offence involving moral turpitude and that he was never dismissed or removed from service of any State Government or of Government of India or of any Public Sector Undertakings.

8. Disqualification.-

No person,-

(a) who has entered into or contracted a marriage with a person having a spouse living; or

(b) who having a spouse living has entered into or contracted a marriage with any person, shall be eligible for appointment to the Service:

Provided that the State Government, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.

9. Age.-

(1) No person shall be recruited to the Service by direct appointment, if he is less than eighteen years or is more than thirty seven years of age on the 1st day of January of the year immediately preceding the last date fixed for submission of applications or unless he is within such range of minimum and maximum age limits, as may be specifically fixed by the Punjab Government from time to time:

Provided that in the case of candidates belonging to Scheduled Castes and other Backward Classes, the upper age limit shall be such, as may be fixed by the Punjab Government from time to time.

(2) In the case of Ex-servicemen, the upper age limit shall be such, as has been prescribed in the Punjab Recruitment of Ex-servicemen Rules, 1982, as amended from time to time.

10. Qualifications.-

(1) No person shall be appointed to the Service, unless he, –

a) possesses a Diploma in Elementary Teachers Training Course (hereinafter called the ETT) recognised by the School Education Board of any State Government or the Central Government or a certificate of an equivalent course from the Defence Services of the Union of India;

b) is a domicile of the State of Punjab or Union Territory of Chandigarh; and

c) obtains a minimum score of 100, as per the criteria laid down in the example given in sub-rule (3) of rule 11 of these rules.

(2) In case of non-availability of ETT candidates, the candidates having B.A./ B.Sc./ B.Com and B.Ed. qualifications from a recognised university or institution will be considered for appointment to the Service.

However, such candidates shall have to undergo orientation training of six months within a period of five years from the date of joining the Service.

(3) No person shall be appointed to any post in the Service by direct appointment unless he possesses a certificate of having passed Punjabi language in Matriculation Examination.

11. Criteria for appointments and transfer.-

(1) Appointment to the Service, shall be made school-wise from amongst the eligible candidates from the areas in the following order, namely:-

(a) village in which the school is situated;

(b) adjoining villages and towns;

(d) adjoining blocks and contiguous towns; and

(e) district.

(2) No appointment shall be made from outside the district. No transfer shall be made, except in the following circumstances, namely:-

(a) on promotion against vacancy within district;

(b) in case of marriage, against vacancy; and

(3) The merit will be prepared by adding the percentage of marks obtained in 10+2 Examination or its equivalent and in E.T.T. In case of non-availability of eligible E.T.T. candidates, the candidates having B.A/B.Sc/B.Com and B.Ed qualifications, will be considered.

Example: A candidate having 62% in 10+2 Examination and 72% in E.T.T will have 62+72=134 scores. No other marks shall be given for any other qualifications or activities. In case of equal marks, older in age, shall be placed higher in merit. To be eligible, a candidate must have a minimum score of 100, as per the above criteria. In the same way, separate merit shall be prepared for B.A./B.Sc/B.Com and B.Ed candidates by adding the percentage of marks obtained in B.A./B.Sc/B.Com and B.Ed. A joint merit, applying the same criteria will be prepared for the purposes of seniority.

12. Medical Certificate.-

Every person appointed to the Service, shall be required to produce certificate of physical fitness from the Senior Medical Officer of the concerned block before joining the Service.

13. Contributory Provident Fund.-

(1) Members of the Service shall be entitled to contribute to the Provident Fund of the Zila Parishad where they are employed like other subscribers of the Zila Parishad.

(2) A separate account of Provident Fund shall be maintained for each subscriber by the Zila Parishad where he may be serving for the time being:

Provided that the Government may, if it so decides, make arrangements for centralised accounting of the Provident Fund.

14. Seniority.-

The seniority inter-se of the persons, appointed to the posts in each cadre of the Service, shall be determined by the length of continuous service on such post in that cadre of the Service:

Provided that in case of persons appointed by direct appointment, who join within the period specified in the order of appointment or within such period, as may be extended from time to time by the appointing authority subject to a maximum period of four months from the date of order of appointment, the order of merit determined by the Selection Committee, shall not be disturbed:

Provided further that in case, a person is permitted to join the Service after the expiry of the said period of four months, his seniority shall be determined from the date he joins the post.

15. Probation.-

(1) A person appointed to any post in the Service shall remain on probation for a period of two years, if appointed by direct appointment and one year if appointed otherwise.

(2) If in the opinion of the appointing authority, the work or conduct of a person during the period of probation is not satisfactory , it
may,-

(a) if such person is appointed by direct recruitment, dispense with his services; and

(b) if such person is appointed otherwise,-

(i) revert him to his former post; or

(ii) deal with him in such other manner, as the terms and conditions of the previous appointment, permit.

(3) On the completion of the period of probation of a person, the appointing authority may,-

(a) if his work and conduct has in its opinion been satisfactory,-

(i) confirm such person from the date of his appointment or from the date he completes his period of probation satisfactorily, if he is not already confirmed; or

(ii) declare that he has completed his probation satisfactorily, if he is already confirmed; or

(b) if his work and conduct has not been, in its opinion, satisfactory,-

(i) dispense with his services, if appointed by direct appointment or if appointed otherwise, revert him to his former post or deal with him in such other manner, as the terms and conditions of his previous appointment may permit; or

(ii) extend his period of probation and there after pass such order, as it could have passed on the expiry of
probation as specified in sub-rule (1):

Provided that the total period of probation including extension, if any, shall not exceed three years.

16. Discipline, punishment and appeal.-

(1) In the matters of discipline, punishment and appeal, the members of the Service shall be governed by the Punjab Panchayati Raj Act, 1994 and the Punjab Panchayat Samitis and Zila Parishads Servants (Punishment and Appeal) Rules, 1964.

(2) Notwithstanding anything contained in the Punjab Panchayat Simitis and Zila Parishads Servants (Punishment and Appeal) Rules, 1964, after the issuance of any charge sheet or notice or any such like thing, the concerned member of the Service shall have to submit his reply within a period of ten days from the date of receipt of the charge sheet or notice or thing, as the case may be.

(3) The punishing authority shall consider the reply if any, submitted within the stipulated period and order an inquiry in the matter, if necessary. The inquiry shall be completed within a period of twenty-one days.

(4) After considering the report of inquiry referred to in sub-rule

(3), the punishing authority shall impose the requisite punishment upon the member of the Service within a period of fourteen days from the submission of the inquiry report.

(5) It is made clear that the total period commencing from the issuance of the charge sheet, notice etc. and ending with the awarding of punishment, shall not exceed 45 days:

Provided that in exceptional circumstances, the punishing authority may extend the aforesaid period of 45 days for the reasons to be recorded in writing upto 15 days.

17. Retirement.-

The members of Service shall retire on superannuation on attaining the age of fifty-eight years.

18. Leave to the members of Service.-

The members of Service shall be entitled to such leave, as is admissible to the ETT Teachers, serving in the Department of Education.

19. Reservation in Service.-

The reservation to different categories of persons shall be given in the appointment to the Service as per policy instructions of the Punjab Government issued from time to time.