section 36
Conditions of service of Head of Institutions, teachers and other employees
The Uttarakhand Sanskrit Education ActEducation201453 sections
Statutory text
- (1) Every person employed in a recognized institution shall be Governed by such conditions of service as may be prescribed by Regulations and any agreement between the managements and such employee in so far as it is inconsistent with the provisions of this Act or with the Regulations shall be void. (2) Without prejudice to the generality of the powers conferred by sub-section (1), the Regulations may provide for— (a) 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 or 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 scale of pay and payment of salaries; (c) transfer of service from one recognized institution to another; (d) grant of leave and provident fund and other benefits, and (e) maintenance of record of work and service. (3) (a) no Principal, Headmaster or teacher may be 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 Joint Director of Sanskrit Education. The decision of the Joint Director of Sanskrit Education shall be communicated within the period to be prescribed by regulations. (b) the Joint Director of Sanskrit Education may approve or disapprove or 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 orders, Joint Director of Sanskrit Education shall give an opportunity to the Principal, the Headmaster or the teacher to show cause within a Might of the receipt of the notice why the proposed punishment should not be inflicted. (c) Any party may prefer an appeal to the Director of Sanskrit Education, against an order of the Joint Director of Sanskrit Education under clause (b), within one month from the date of receipt of the order to that party, and the Director of Sanskrit may, after such further enquiry, if any, as he considers necessary, confirm, set aside or modify the order, and the order passed by the Director of Sanskrit shall be final. (4) An order made or decision given by the competent authority under sub-section (3) shall not be questioned except court of competent jurisdiction any Court and the parties concerned shall he bound to execute the directions contained in the order or decision within the period that may he specified therein. (5) No Head of Institution or teacher shall be suspended by the Management unless in the opinion of the Management— (a) the charges against him are serious enough to merit his dismissal, removal or reduction in rank ; or (b) his continuance in office is likely to hamper or prejudice the conduct of disciplinary proceedings against him, or (c) Any criminal case for an offence involving moral turpitude against him is under investigation, inquiry or trial. (6) Where any Head of institution or teacher is suspended by the Management Committee, it shall be reported to the Joint Director of Sanskrit Education within seven days from the date of the order of suspension and the report shall contain such particulars as may be prescribed accompanied by all relevant documents. (7) No such order of suspension shall, unless approved by the Joint Director of Sanskrit Education, shall remain in force for more than sixty days from the date of such order, and the order of the Joint Director of Sanskrit Education shall be final and shall not be questioned except court of competent jurisdiction. (8) If, at any time, the Joint Director of Sanskrit Education is satisfied that in disciplinary proceedings against the Head of Institution or teacher, suspension is being made, for no fault of the Head of Institution or the teacher, the Joint Director of Sanskrit Education may, after affording opportunity to the Management to make representation revoke an order of suspension passed under this section. (9) A person will not be eligible for appointment in an Institution, if such person was related to any member of the Committee of Management or the Principal or Headmaster of the institution concerned. Explanation: For the purpose of this sub-section, a person shall be deemed to be related to another if— (a) they are members of a Hindu undivided family, or (b) they are husband and wife; or (c) the one is related to the other in the manner indicated in the second Schedule.
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