The Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977

1. (22) " revenue division " means the Bombay revenue division, the Pune revenue division, the Nagpur revenue division or the Aurangabad revenue division, as the case may be, constituted under the Maharashtra Land Revenue Code, 1966; (Mah. XLI of 1966.)
2. (23) " rules " means the rules made by the State Government under this Act;
3. (24) " school " means a primary school, secondary school, or higher secondary school, or any part of any such school, a Junior College of Education, or any other institution or part thereof which imparts education or training below the degree level including any institution which imparts technical or vocational education;
4. (25) " State Board " means the Maharashtra State Board of Secondary and Higher Secondary Education established under the Maharashtra Secondary Education Boards Act, 1965; (Mah. XLI of 1965.)
5. (26) " teacher " means a member of the teaching staff, and includes the Head of a school;
6. (27) " Zilla Parishad " means a Zilla Parishad established or constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. (Mah. V of 1962.)

1. (1) The provisions of this Act shall apply to all private schools in the State of Maharashtra, whether receiving any grant-in-aid from the State Government or not.
2. (2) Notwithstanding anything contained in sub-section (1), the provisions of this Act shall not apply to the recruitment, conditions of service and conduct and discipline of the Head of a minority school or any other persons (not exceeding three) who are employed in such school and whose names are notified by the Management to the Deputy Director for this purpose.

1. (1) Subject to the provisions of this section, the State Government may make rules providing for the minimum qualifications for recruitment (including its procedure), duties, pay, allowances, post-retirement and other benefits, and other conditions of service of employees of private schools and for reservation of adequate number of posts for members of the backward classes: Provided that, neither the pay nor the rights in respect of leave of absence, age of retirement and post-retirement benefits and other monetary benefits of an employee in the employment of an existing private school on the appointed date shall be varied to the disadvantage of such employee by any such rules.
2. (2) Every employee of a private school shall be governed by such Code of Conduct as may be prescribed. On the violation of any provision of such Code of Conduct the employee shall be liable to disciplinary action after conducting an enquiry in such manner as may be prescribed.
3. (3) If the scales of pay and allowances, post-retirement and other benefits of the employees of any private school are less favourable than those provided by the rules made under sub-section (1), the Director shall direct in writing the Management of such school to bring the same up to the level provided by the said rules, within such period or extended period as may be specified by him.
4. (4) Failure to comply with any direction given by the Director in pursuance of sub-section
5. (3) may result in the recognition of the school concerned being withdrawn, provided that the recognition shall not be withdrawn unless the Management of the school concerned has been given a reasonable opportunity of being heard.
6. (5) No employee working in a private school shall work in any coaching class. If any employee, in contravention of this provision, works in any coaching class, his services shall be liable to be terminated by the Management, provided that no such order of termination shall be issued unless the employee concerned has been given a reasonable opportunity of being heard.
7. (6) No employee of a private school shall be suspended, dismissed or removed or his services shall not be otherwise terminated or he shall not be reduced in rank by the Management, except in accordance with the provisions of this Act and the rules made in that behalf.

1. (1) The Management shall, as soon as possible, fill in, in the manner prescribed, every permanent vacancy in a private school by the appointment of a person duly qualified to fill such vacancy.
2. (2) Every person appointed to fill a permanent vacancy shall be on probation for a period of two years. Subject to the provisions of sub-sections
3. (3) and (4), he shall, on completion of this probation period of two years, be deemed to have been confirmed.
4. (3) If in the opinion of the Management, the work or behaviour of any probationer, during the period of his probation, is not satisfactory, the Management may terminate his services at any time during the said period after giving him one month's notice.
5. (4) If the services of any probationer are terminated under sub-section
6. (3) and he is reappointed by the Management in the same school or any other school belonging to it within a period of one year from the date on which his services were terminated, then the period of probation undergone by him previously shall be taken into consideration in calculating the required period of probation for the purposes of sub-section (2).
7. (5) The Management may fill in every temporary vacancy by appointing a person duly qualified to fill such vacancy.

Obligations of Head of a private school

1. (1) If the Head of a private school or any person duly authorised by him in that behalf,—
   • (a) makes unauthorised alteration in the date of birth of any student recorded in the General Register of the school or gives a school leaving certificate with the date of birth different from that recorded in the General Register; or
   • (b) admits any student from an unrecognised educational institution without a written order of the Deputy Director; or
   • (c) gives accelerated promotion to any student in contravention of the rules made in that behalf; then the Director may, after making such enquiries as he thinks fit, by an order in writing debar the Head or such authorised person from holding that post for a period of five years from the date of the order. If after the said period of five years, the Head or such authorised person is found to have committed any of the acts aforesaid again, then he may, after giving him a reasonable opportunity of being heard, be permanently debarred by the Director from holding such post in any private school.
2. (2) After making any order under sub-section (1), the Director shall cause the name of such Head or authorised person to be entered in a Black List Register maintained for the purpose, and communicate the name of the Head or such person to all the Managements of private schools in the State.

If any employee intends to resign his post in any private school, at any time after the appointed date, he shall draw up a letter of resignation in duplicate and sign both the copies of that letter and put the date thereon.

Constitution of Tribunals

1. (1) The State Government shall, by notification in the Official Gazette, constitute one or more Tribunals to be called "School Tribunals" and define the jurisdiction of each Tribunal in such notification.
2. (2) A Tribunal shall consist of one person only to be appointed by the State Government.
3. (3) A person shall not be qualified for appointment as a Presiding Officer of a Tribunal, unless,—
   • (a) he is holding or has held a judicial office not lower in rank than that of Civil Judge (Senior Division),
   • (b) he has practised as an Advocate or Attorney for not less than seven years, or
   • (c) he is holding or has held an office not lower in rank than that of Under Secretary to Government, Assistant Commissioner of Labour or Deputy Director of Education in the State.
4. (4) The appointment of a person as a Presiding Officer of a Tribunal may be on a fulltime or part-time basis, and may be for such period or periods, but not exceeding five years in the aggregate, as the State Government may, from time to time, in each case decide.
5. (5) The remuneration and other conditions of service of the Presiding Officer shall be determined by the State Government.
6. (6) The State Government shall make available to the Tribunal such ministerial staff as may be necessary for the discharge of its functions under this Act.
7. (7) All expenditure on account of the remuneration, pension or provident fund contribution, leave allowance and other allowances and facilities, which may be admissible to the Presiding Officer and the staff placed at his disposal, shall be met from the Consolidated Fund of the State.
8. (8) If any vacancy, other than a temporary vacancy, occurs, in the office of the Presiding Officer of a Tribunal, the State Government shall, as soon as possible, appoint another qualified person to fill the vacancy.

Right of appeal to Tribunal of employees of private schools

1. (1) Notwithstanding anything contained in any law or contract for the time being in force, any employee in a private school who is dismissed or removed or whose services are otherwise terminated or who is reduced in rank, by the Management and who is aggrieved, shall have a right of appeal and may appeal against any such order to the Tribunal constituted under section 8: Provided that, no such appeal shall lie to the Tribunal in any case where the matter has already been decided by a Court of competent jurisdiction or is pending before such Court, on the appointed date or where the order of dismissal, removal, otherwise termination of service or reduction in rank was passed by the Management at any time before the 1st July 1976.
2. (2) Such appeal shall be made by the employee to the Tribunal, within thirty days from the date of receipt by him of the order of dismissal, removal, otherwise termination of service or reduction in rank, as the case may be: Provided that, where such order was made before the appointed date, such appeal may be made within sixty days from the said date.
3. (3) Notwithstanding anything contained in sub-section (2), the Tribunal may entertain an appeal made to it after the expiry of the said period of thirty or sixty days, if it is satisfied that the appellant has sufficient cause for not preferring the appeal within that period.
4. (4) Every appeal shall be accompanied by a fee of fifty rupees, which shall not be refunded and shall be credited to the Consolidated Fund of the State.

1. (1) For the purposes of admission, hearing and disposal of appeals, the Tribunal shall have the same powers as are vested in an Appellate Court under the Code of Civil Procedure, 1908, and shall also have the power to stay the operation of any order against which an appeal is made, on such conditions as it may think fit to impose and such other powers as are conferred on it by or under this Act.
2. (2) The Presiding Officer of the Tribunal shall decide the procedure to be followed by the Tribunal for the disposal of its business including the place or places at which and the hours during which it shall hold its sittings.
3. (3) Every appeal shall be decided as expeditiously as possible. In every case, endeavour shall be made by the Tribunal to decide an appeal within three months from the date on which it is received by the Tribunal.

Powers of Tribunal to give appropriate reliefs

1. (1) On receipt of an appeal, where the Tribunal, after giving reasonable opportunity to both parties of being heard, is satisfied that the appeal does not pertain to any of the matters specified in section 9 or is not maintainable by it, or there is no sufficient ground for interfering with the order of the Management it may dismiss the appeal.
2. (2) Where the Tribunal, after giving reasonable opportunity to both parties of being heard, decides in any appeal that the order of dismissal, removal, otherwise termination of service or reduction in rank was in contravention of any law (including any rules made under this Act), contract or conditions of service for the time being in force or was otherwise illegal or improper, the Tribunal may set aside the order of the Management, partially or wholly, and direct the Management,—
   • (a) to reinstate the employee on the same post or on a lower post as it may specify;
   • (b) to restore the employee to the rank which he held before reduction or to any lower rank as it may specify;
   • (c) to give arrears of emoluments to the employee for such period as it may specify;
   • (d) to award such lesser punishment as it may specify in lieu of dismissal, removal, otherwise termination of service or reduction in rank, as the case may be;
   • (e) where it is decided not to reinstate the employee or in any other appropriate case, to give such sum to the employee, not exceeding his emoluments for six months, by way of compensation, regard being had to loss of employment and possibility of getting or not getting suitable employment thereafter, as it may specify; or
   • (f) to give such other relief to the employee and to observe such other conditions as it may specify, having regard to the circumstances of the case.
3. (3) It shall be lawful for the Tribunal to recommend to the State Government that any dues directed by it to be paid to the employee, or in case of an order to reinstate the employee any emoluments to be paid to the employee till he is reinstated, may be deducted from the grant due and payable, or that may become due and payable in future, to the Management and be paid to the employee direct.
4. (4) Any direction issued by the Tribunal under sub-section
5. (2) shall be communicated to both parties in writing and shall be complied by the Management within the period specified in the direction, which shall not be less than thirty days from the date of its receipt by the Management.

Notwithstanding anything contained in any law or contract for the time being in force, the decision of the Tribunal on an appeal entertained and disposed of by it shall be final and binding on the employee and the Management : and no suit, appeal or other legal proceeding shall lie in any Court, or before any other Tribunal or authority, in respect of the matters decided by the Tribunal.

1. (1) If the Management fails, without any reasonable excuse, to comply with any direction issued by the Tribunal under section 11 within the period specified in the direction, or within such further period as may be allowed by the Tribunal, the Management shall, on conviction, be punished,—
   • (a) for the first offence, with fine which may extend to one thousand rupees : Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, the fine shall not be less than one hundred rupees, and
   • (b) for the second and subsequent offences, with fine which may extend to two thousand rupees : Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, the fine shall not be less than five hundred rupees. (2)
   • (a) Where the Management committing an offence under this section is a society, every person, who, at the time the offence was committed, was in charge of, and was responsible to, the society, for the conduct of the affairs of the society, as well as the society, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that, nothing contained in this sub-section shall render any person liable to the punishment, if he proves that the offence was committed without his knowledge, or that he had exercised all due diligence to prevent the commission of the offence.
   • (b) Notwithstanding anything contained in clause (a), where the offence has been committed by a society and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any president, chairman, secretary, member, Head or manager or other officer or servant of the society, such president, chairman, secretary, member, Head or manager or other officer or servant concerned shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purposes of this section, “society” means a society registered under the Societies Registration Act, 18