Restriction on Posting of Teachers/employees facing charges under the Protection of Children from Sexual Offences Act, 2012 (POCSO)

Restriction on Posting of Teachers/employees facing charges under the Protection of Children from Sexual Offences Act, 2012 (POCSO) :

1. (1) Notwithstanding anything contained in this Act or any other law for the time being in force, where a Teacher or Head of Institution
   • (HoI) or any other category of employee is facing charges or criminal proceedings under the Protection of Children from Sexual Offences Act, 2012 (Central Act 32 of 2012), or in any case relating to sexual abuse of a child, such Teacher or HoI or employee shall not be posted-
   • (a) to the same school/office or any nearby school/office
   • (b) within the same Block, Circle, Municipality or equivalent local jurisdiction;
   • (c) to any Girls' School or any school predominantly attended by girl students.
2. (2) Such Teacher or HoI or employee shall be posted to a school situated at a distant place, as determined by the Competent Authority, in the interest of child safety and public interest.
3. (3) A Teacher or HoI or employee covered under sub-section
4. (1) shall not be eligible to seek transfer on request during the pendency of such criminal proceedings.
5. (4) Any posting made under this section shall be administrative and interim in nature and shall not be construed as punishment.
6. (5) Upon conviction under the Protection of Children from Sexual Offences Act, 2012, the service of such Teacher or HoI or employee shall be governed by the applicable service and disciplinary rules.
7. (6) Nothing contained in this section shall limit the power of the Government or the Competent Authority to place such Teacher or HoI or employee under suspension or initiate departmental proceedings in accordance with applicable service rules.