Andhra Pradesh G.O. Ms.No.467, Education(R)
The Andhra Pradesh Private Institutions Employees Disciplinary Control Rules, 1983 issued in G.O. Ms.No.467, Education(R), Dated: 03.11.1983
Page No.358 of the G.O.
28. THE ANDHRA PRADESH PRIVATE INSTITUTIONS EMPLOYEES DISCIPLINARY CONTROL RULES, 1983
[G.O.Ms.No.467, Education (R), Dt. 3-11-1983]
[Published in A.P. Gazette (Extr.) Para-I, Dt. 3-11-1983]
NOTE:⧿ The rules given in this G.O. to the extent applicable to the schools functioning under Private management (including those under minority) are superceded by G.O.Ms.No.1, Edn..Dt.1-1-1994. The Said G.O. is printed at page 271 of this book.
In exercise of the powers conferred by Sections 79, 80 and 83 read with Section 99 of the Andhra Pradesh Education Act, 1982 (Act 1 of 1982), the Governor of Andhra Pradesh, hereby makes the following rules in relation to disciplinary control of the employees working in private educational institution:
1. Short title, extent and commencement:— (1) These rules may be called the "Andhra Pradesh Private Institutions Employees (Disciplinary Control) Rules, 1983".
(2) They shall apply to the employees of all private educational institutions
(3) They shall come into force with effect from the date of their publication in the Andhra Pradesh Gazette
2. Definitions:— In these rules, unless the context otherwise requires—
(a) Act means the Andhra Pradesh Education Act. 1982;
(b) "College" includes a Post-Graduate Centre, Oriental College, Law College. College of Education and a Junior College recognised by or affiliated to the Andhra Pradesh Board of Intermediate Education, excluding secondary schools and sections attached thereto.
(c) "District Education Officer" for the purpose of an appeal under sub-section (4) of Section 80. means:—
(i) in relation to all schools (Including Oriental Schools and Teacher Training institutes) and secondary sections attached to Junior Colleges, the District Education Officer of the district;
(ii) in relation to Colleges, the Regional Director of Higher Education of the respective jurisdiction;
(iii) in relation to the Institutions imparting Technical Education, the Director of Technical Education;
(d) "employees" means, a teacher or a member of the non-teaching staff employed in a service educational institution, whether receiving aid or not;
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(e) "Section" means the Section of the Andhra Pradesh Education Act, 1982. functions of the competent authority under Sections 79, 80 and 83 for the respective jurisdiction mentioned in column (2) and in relation to the private institutions mentioned in column (3) thereof:—
TABLE
Competent Authority | Area of Jurisdiction | Class of Institutions |
1. Regional Joint Director of Higher Education | Within the local limits of his jurisdiction | All Colleges |
2. District Education Officer | Do | Pre-primary, Upper-Primary and Primary Schools |
3. Regional Joint Director | Do | Secondary Schools, including Oriental Schools, Teacher Training Institutes and Secondary Schools sections in Junior Colleges. |
4. Director of Technical Education | Throughout the State | Institutions imparting technical education in respect in respect of teaching and non-teaching staff employed therein |
4.(1) An employee, who is kept under suspension, shall be paid subsistence allowance at one-half of the salary drawn by him immediately before suspension plus allowances admissible on such salary.
(2) An order of suspension may at any time, be revoked by the authority by which the order was made.
5. In addition to the penalties specified in sub-section(1) of Section 79, the following penalties may also be imposed against any employee of a private institution for negligence of duty, disobedience of orders, misconduct, violation of code of conduct or for other sufficient cause,
(1) Fine;
(2) Censure;
(3) Withholding of increments or promotion;
(4) Reduction to a lower rank in seniority or reduction in the time scale of pay;
(5) Recovery from pay of the whole or any part of the pecuniary loss caused to the Government or to the institution by negligence or breach of orders.
6. The management may, by order, delegate its power to impose any of the penalties specified in Rule 5 to the manager of the institution.
7. (1) No employee shall be dismissed, removed or reduced in rank by any authority subordinate to the management of the private institution.
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(2) In every case, when it is proposed impose any of the penalties specified in sub-section(1) of Section 79, the grounds on which it is proposed to take action shall be reduced to the form of a definite charge or charges, which shall be communicated to the person charged together with a statement of the allegations on which each charge is based and of any other circumstances, which it is proposed to take into consideration in passing orders in such case. He shall be required within a reasonable time, to put in a written statement of his defence and to state whether he desires an oral inquiry or only to be heard in person. For the purpose of preparing his defence, the charged person may be permitted to inspect , and take extracts from such records as he may specify, provided that the management may for reasons to be recorded in writing refuse such permission, if in its opinion, such records are not relevant for the purpose or it is against the interests of the institution to allowances thereto.
If an oral inquiry is desired by the person charged, the management shall appoint an inquiring authority, who shall be superior in rank to the charged person, to conduct the enquiry. At that inquiry oral evidence may be heard as to such of the allegations as are not admitted and the person charged shall be entitled to cross-examine the witnesses to give evidence to person and to have such witnesses called as he may wish, provided that the authority conducting the inquiry may, for special and sufficient reasons to be recorded in writing, refuse to call a witness.
After the inquiry has been completed, the person charged shall be entitled to put in it he so desires, any further written statement of his defence. If no oral inquiry is held, and the person charged had desired to be heard in person, a personal hearing shall be given to him by the authority directed by the management. The proceedings shall contain a sufficient record of the evidence and a statement of the findings and the grounds thereof. After examining the report of the inquiring authority or where no inquiry has been held, on consideration of the statement of defence of the person charged and other circumstances of the case, the management, shall arrive at a provisional conclusion, in regard to the penalty he imposed, and the person charged shall be called upon to show cause within a reasonable time, not less than two weeks, against the particular penalty proposed to be imposed. Where an oral inquiry has been held a copy of the report of the Inquiry Officer shall also he supplied to the person charged.
(3) The provisions of sub-rule (2) shall not apply where the authority to impose the penalty is satisfied, for reasons to be recorded in writing, that it is not reasonably practicable to hold an enquiry or to inform the employee in writing, of the allegations or charges on which action is proposed to be taken or where it is proposed to impose the penalty on the ground of conduct which lead to his conviction or on a criminal charge involving moral turpitude.
8. No order imposing any of the penalties of retrenching an employee in contravention of the provisions of these rules or Section 83 shall be valid and it shall have any effect on the employee.
