Regarding transfer of teachers in the state from unaided or partially aided to partially or fully aided schools or batches respectively

+ÊvɺÉÚSÉxÉÉ ¶ÉɳýÉ;”; ¶ÉɳýÉ;”; xɺɱÉä±ÉÒ ¶ÉɳýÉ;”. RNI No. MAHBIL /2009/37831 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ ¦ÉÉMÉ SÉÉ®ú-¤É--122----1 xɨÉÚnù Eò®äú±É : Eò®úhÉÉ®ú xÉɽþÒ; xÉɽþÒ; SÉɯû¶ÉÒ±ÉÉ SÉÉèvÉ®úÒþ, ¶ÉɺÉxÉÉSÉä ={É ºÉÊSÉ´É. SCHOOL EDUCATION AND SPORTS DEPARTMENT Madam Cama Marg, Hutatma Raiguru Chowk, Mantralaya, Mumbai 400032, dated the 8th June, 2020. NOTIFICATION MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS (CONDITIONS OF SERVICE) REGULATION ACT, 1977. No. Sankirn-2019/C.R.341/TNT-1.—In exercise of the powers conferred by sub-sections (1) and (2) of section 16 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (Mah. Act III of 1978) and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules further to amend the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 the same having been previously published as required by sub- section (3) of said section 16 of the said Act, namely:— 1. These rules may be called the Maharashtra Employees of Private Schools (Conditions of Service) (Amendment) Rules, 2020. 2. In rule 2 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (hereinafter referred to as “the principal Rules”), in sub-rule (1),— (1) in clause (e-1) “Teachers Eligibility Test” means the test conducted by the State Government or Central Government or the agency authorized by the State Government or Central Government, for candidates to be eligible to appear for Aptitude Test;”; (2) after clause (g), the following clause shall be inserted, namely:— “(g-1) ‘partially aided school’ means a school which receives partial grant-in-aid from the Government or local authority;”; (3) after clause (i), the following clause shall be inserted, namely:— “(i-a) ‘self-financed school’ means the school established under the Maharashtra Self-financed Schools (Establishment and Regulation) Act, 2012, which is not receiving any grant-in-aid, from the Government or local authority;”; (4) after clause (l), the following clause shall be added, namely:— “(m) ‘un- aided school’ means a school other than aided school which is not receiving any grant-in-aid from the Government or local authority;”. 3. In rule 6 of the principal Rules, for sub-rule (2), the following sub-rules shall be substituted, namely:— “(2) The Government or the agency authorized by the Government shall conduct the Teachers Eligibility Test for the appointment of teachers or Shikshan Sevaks, for standard I to VIII in the private aided schools, partially aided schools, un- aided schools and schools eligible for grant- in- aid, from time to time. (2A) The Government or the agency authorized by the Government shall conduct the Aptitude Test for the appointment of teachers or Shikshan Sevaks, for standard I to VIII in the private aided schools, partially aided schools, un- aided schools and schools eligible for grant- in- aid, from time to time. (2B) The Government or the agency authorized by the Government shall conduct the Aptitude Test for the appointments of teachers or Shikshan Sevaks, for standard IX to XII, in private aided schools, partially aided schools, un- aided schools and schools eligible for grant- in- aid (excluding self- finance schools), from time to time.”. 4. In rule 9 of the principal Rules, for sub-rule (2-B), the following sub-rules shall be substituted, namely:— “(2B) The advertisement shall be kept open for at least fifteen days before filling of the concerned post. The candidate may apply for vacant post in response to the said advertisement through online process or by making an application in writing giving details regarding name, address, date of birth, educational and professional qualifications, experience with the marks secured in the Aptitude Test. ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE. (2C) After completion of the period mentioned in the advertisement, the Education Officer or Deputy Director, as the case may be, shall communicate the names of the candidates, who have passed the Aptitude Test, to the Management through online process in proportion 1:10 for one vacant post. The selection of the candidate shall be made by the school committee on the basis of interview. If the school committee does not select candidate having higher marks in the Aptitude Test, the Management shall record the reasons for the same: Provided that, the Management may also select the candidates who have passed the Aptitude Test directly from the online merit list maintained by the Education Director, without taking interview. (2D) The Management shall publish the names of the selected candidates within five working days on Pavitra web portal and shall also communicate the names of the selected candidates to the concerned Education Officer or Deputy Director, as the case may be.”. 5. After rule 41 of the principal Rules, the following rule shall be inserted, namely:— “41A. Conditions for transfer of teacher from un-aided to partially aided or aided school or division.— (1) The management may transfer a teacher from un-aided school or partially aided school to the vacant post in partially aided school or aided school or division only if the following conditions are satisfied, namely:— (a) (i) the Management and Education Officer or Deputy Director shall, before making such transfer, verify that there is no surplus persons are available as provided in sub-section (1) of section 5 of the Act; (ii) if the surplus persons are available, the Management shall not make such transfer; (b) the transfer shall not be made from the teachers of self-financed school of the Management; (c) before making such transfer, the teacher should have completed minimum five years continuous service in un-aided school or division or partially aided school or division of the Management; (d) the transfer shall be made in equal or same cadre. The transfer shall not be made from primary to higher primary, higher primary to secondary or secondary to higher secondary or higher secondary to D. El. Ed. schools or vice- versa; (e) the transfer shall be made only by following the seniority and as per the requirement of the subject; (f) before making transfer of a teacher, his appointment should have been approved by the Education Officer or Deputy Director, as the case may be; (g) the transfer shall be made on the vacant post; (h) the transfer shall be subject to the approval of Education Officer or Deputy Director, as the case may be. (2) If the post becomes vacant due to transfer, such vacant post shall be filled as per the procedure provided in rule 9. (3) The transferred teacher shall be eligible for scale of pay and allowances as decided by the Government, from time to time.”. By order and in the name of the Governor of Maharahstra, CHARUSHILA CHAUDHARI, Deputy Secretary to Government.