Chapter XIV Chapter XIV

Payment of salaries and allowances to and disciplinary action against employees of private institutions

1. (1) No teacher or member of the non-teaching staff employed in any private institution (hereinafter in this Chapter referred to as ‘the employee’) shall be dismissed, removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
2. (2) An inquiry under sub-section
3. (1) shall be completed within a period of two months from the date of communication of charges against the employee. (3)
   • (a) No employee shall be placed under suspension except when an inquiry into the gross misconduct of such employee is contemplated.
   • (b) No such suspension shall remain in force for more than a period of two months from the date of suspension and if such inquiry is not started and completed within that period, such employee shall, without prejudice to the inquiry, be deemed to have been restored as employee: Provided that the competent authority may, for reasons to be recorded in writing, extend the said period of two months for a further period not exceeding two months, if in the opinion of such competent authority the inquiry could not be completed within the said period of two months for reasons directly attributable to such employee.
4. (4) Every such employee as is placed under suspension under sub-section
5. (3) shall be paid subsistence allowance at such rates as may be prescribed during the period of his suspension.
6. (5) Before imposing any penalty, other than the penalties specified in sub-section (1), an employee shall be informed in writing of the allegations on which action is proposed to be taken and be given an opportunity of making a representation, but it shall not be necessary to hold an oral inquiry into such allegations.

1. (1) Any employee who is dismissed, removed or reduced in rank may prefer an appeal against the order to the competent authority within thirty days of the receipt of the order by him.
2. (2) The competent authority shall not interfere with the order appealed against unless the order is vitiated on any one or more of the following grounds, namely:—
   • (a) that there is no material to substantiate the charge or charges framed against the employee; or
   • (b) that the authority who passed the order acted with bias or malafides; or
   • (c) that the order is perverse or arbitrary; or
   • (d) that no reasonable opportunity has been afforded to the employee to prove his innocence: Provided that the copetent authority shall not pas any order prejudicial to the management unless an opportunity of making a representation is given.
3. (3) The competent authority may, after giving notice to the management of the private institution, pass such interim order as it deems fit, pending disposal of the appeal under sub-section (2), if it is satisfied that the employee has made out a prima facie case for interference.
4. (4) In respect of an order imposing any penalty as laid down in subsection
5. (5) of section 79 an appeal shall lie to the District Educational Officer having Jurisdiction and in respect of such appeals the order appealed against shall not be set aside except on the grounds specified in sub-section (2). Explanation: —For the removal of doubts it hereby declared that the provisions of this section shall apply to any order imposing any penalty made on or after the date of the commencement of this Act in any disciplinary proceeding which was pending on that date.

1. (1) Any employee or the management aggrieved by an order of the competent authority under sub-section
2. (2) of section 80, may appeal to the Government within a period of thirty days from the date of receipt of the order.
3. (2) Where an appeal preferred under sub-section
4. (1) of section 80 has not been disposed of by the competent authority within ninety days from the date the appeal was preferred, it shall be competent for the Government either suo motu or on application, to withdraw the appeal from the competent authority and dispose of the same.
5. (3) The powers exercisable and the procedure to be followed by the Government acting under this section shall be the same as that of the competent authority under section 80.

1. (1) If, before the date of the commencement of this Act, any employee has been dismissed or removed or reducted in rank or his appointment has been otherwise terminated and any appeal preferred before that date—
   • (a) by him against such dismissal or removal or reduction in rank or termination; or
   • (b) by him or by the educational agency against any order made before that date in the appeal referred to in clause (a); is pending on that date, such appeal shall stand transferred to the competent authority under section 80.
2. (2) If any such appeal as is referred to in sub-section
3. (1) has been disposed of before the date of the commencement of this Act, the order made in any such appeal shall be deemed to be an order made under this Act and shall have effect accordingly.

Where retrenchment of any employee is rendered necessary by the management or competent authority consequent on any change relating to education or course of instruction or to any other matter, such retrenchment may be effected with the prior approval of the competent authority or the next higher authority, as the case may be.

1. (1) The pay and allowances of any employee in a private institution shall be paid on or before such day of every month in such manner and by or through such authority, officer or person as may be prescribed.
2. (2) The Government shall have power to direct the payment of salaries of all teachers and members of the non-teaching staff in any private aided institution or class of private aided institutions in such manner and through such agency as the Government may, by order, specify.