THE MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS (CONDITIONS OF SERVICE) REGULATION ACT, 1977

MAHARASHTRA ACT No. III OF 1978

[20th March, 1978]

(Assented to by the President)

An Act to regulate recruitment and conditions of service of employees in certain private schools.

WHEREAS it is expedient to regulate the recruitment and conditions of service of employees in certain private schools in the State, with a view to providing such employees security and stability of service to enable them to discharge their duties towards the pupils and their guardians in particular, and the institution and the society in general, effectively and efficiency;

AND WHEREAS it is further expedient in the public interest to lay down the duties and functions of such employees with a view to ensuring that they become accountable to the Management and contribute their mite for improving the standard of education ;

AND WHEREAS it is also necessary to make certain supplemental, incidental and consequential provisions; It is hereby enacted in the Twenty-eight year of the Republic of India as follows:—

SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT

(1) This Act may be called the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

(2)    it extends to the whole   of  the   State   of Maha­rashtra.

(3)    It shall come into force on such date as the   State Government may,   by notification   in   the Official   Gazette, appoint.

SECTION 02: DEFINITIONS

In this Act, unless the context other­wise requires,—

(1) "appointed date" means the date  on   which   this Act comes into force ;

(2)  "coaching class" means any institution, other than a recognised school" conducted by any person or body of per­sons, by whatever name called and established and   administered with the   object   of  preparing   its   students   for   any certificate or diploma or degree   or   any  college   or   school courses;

(3) "college" means a college conducted by, or affiliated to, a University established by law in the State;

(4) "Department" means the   Education   Department of the Government of Maharashtra ;

(5) "Deputy Director" means the Deputy  Director of Education of the educational region or the 1[Deputy Director of Vocational Education and Training of the educational region] as the case may be, appointed as such by the  State   Government;

Explanation :—For the purposes of this clause, educational region means the region recognised as such by the Department for the purposes of administration pertaining to education in the State ;

(6) "Director" means the Director of  Education or the Director of Technical Educational ²[Director of Vocational Education and Training] as the  case  may   be, appointed   as such by the State Government;

(7) "employee" means any member   of  the teaching and non-teaching staff of a recognised school;

(8) "existing   private   school"   means   a recognised private school which is in existence on the appointed date ;

(9)  "Head of a school" or "Head" means the person, by whatever name  called, in   charge   of the   academic   and administrative duties and   functions of a school conducted by any Management and recognised or deemed to be recognised under this Act, and includes a principal, vice-principal, head master, head mistress, assistant head master, assistant head mistress or superintendent thereof ;

1.    Subst. by Mah. Act No. 30 of 1987, S. 2(a).

2.    lnst. by Mah. Act No 30 of 1987, S. 2(b).

(10) "Junior College of Education" means a   school imparting teacher education to persons for   being   appointed as teachers in pre-school centres or primary schools ;

(11) "local   authority"   means   a   Zilla Parishad, a Municipal Corporation, or a Municipal   Council, as the case may be ;

(12)  "Management", in relation to a school, means—

(a)    in the case of a  school  administered   by the State Government, the Department ;

(b)  in the   case   of a school   administered   by a local authority, that local authority ; and

(c) in any other case,   the   person   or  body   of persons, whether incorporated or not and  by whatever name called, administering such school ;

(13) "minority school" means a school established and administered by a minority having the right to do so under Clause (1) of Article 30 of the Constitution of India ;

(14) "Municipal   Corporation"   means a   Municipal Corporation established or   constituted under the   Bombay Municipal   Corporation   Act,   or   the Bombay    Provincial Municipal Corporations Act, 1949,or the   City of  Nagpur Corporation Act, 1948 ;                7

(15) "Municipal Council" means a Municipal Council established or constituted under the  Maharashtra  Municipa­lities Act, 1965 ;                         

(16)  "pre-school centre"   means   an   institution,  by whatever name called, which provides education for  children who have attained   the   age   of  three   years but have not attained the age of six years;

(17)    "prescribed" means prescribed by rules ;

(18)    ''primary education" means education imparted in such subjects and up to such   standards as may be   deter­mined by the State Government, from time to time,   located either in a primary or a secondary school ;

(19)    "primary school"  means a recognised school, or a   part   of   such   school,   in   which   primary   education is imparted ;

["(20)   "private school" means—

(a) a recognised school established or administered by a Management other than the Department; or

(b)    a recognised   school,   not being   a   primary school, established or administered by a local authority;"

(20)    "private  school"   means   a   recognised   school established   or  administered by a Management,   other   than the Government or a local authority ;

(21)    "recognised" means recognised by  the Director or an officer authorised by him or by the State Board ;

²[(22)    xxx

X                   X                   X         

(23) "rules" means   the   rules   made   by   the   State Government under this Act ;

(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 ;

(25) "State Board"   means   the   Maharashtra   State Board of Secondary and  Higher Secondary Education estab­lished   under   the   [Maharashtra   Secondary     and   Higher Secondary Education] Boards Act, 1965 ;

(26)    "teacher" means a member of the teaching  staff, and includes the Head of a school ;

(27)    "Zilla Parishad" means a   Zilla   Parishad estab­lished or constituted under the Maharashtra Zilla   Parishads and Panchayat Samitis Act, 1961.

1. Subst. by Mah, Act No. 30 of 1987, S. 2(c).

2.Deleted by Mah, Act No. 30 of 1987, S. 2(d).

3. subst. by Mah. Act No. 30 of 1987, S. 2(e).

SECTION 03: APPLICATION OF ACT

(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) Notwithstanding anything contained in sub-section (1), the provisions of this Act shall not apply to the recruit­ment *[of the Head of a minority school and] 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.

SECTION 04: TERMS AND CONDITIONS OF SERVICE OF EMPLOYEES OF PRIVATE SCHOOLS

(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) 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) 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)    Failure to comply with any direction given by the Director in pursuance or"  sub-section (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.

(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:

(6)  No employee of a private school shall be suspend­ed, dismissed or removed or   his service 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.

SECTION 04A: DIRECTOR'S POWER TO HOLD OR ORDER HOLDING OF INQUIRIES

(1) Notwithstanding anything contained in sub­section (6) of Section 4 or any other provisions of this Act or the rules made thereunder, where in any case of alleged misconduct or misbehaviour of a serious nature or moral turpitude of an employee :—

(a) an inquiry is held by an Inquiry Committee into such allegations and the Director is of the opinion that the Inquiry Committee has unreasonably   exonerated   the employee, he may  call for   and  examine  the   record   and proceeding of such inquiry for the purpose of satisfying him­self as to the correctness of  the decision on  the   basis of its findings, and may either annul,   reverse, modify or   confirm the said decision or may   direct  the Inquiry  Committee to make further inquiry for taking such additional  evidence as he may think necessary or he may himself take or authorise any other officer not below the rank of the Education  Officer to take such additional evidence; and while making an order under this clause, if the Director is satisfied that the charges of serious misconduct, misbehaviour, or as the  case may be, moral turpitude   have been   substantially   proved, he shall direct the Management to impose on  such employee any of the penalties as specified in sub-section (4):

Provided that the Director shall not record any order under this sub-section without giving the party affected thereby and the Management an opportunity of being heard ;

(b) the Management has either neglected or refused to hold an inquiry against   such employee in accor­dance with the provisions of this Act and the rules made in that behalf, the Director shall direct the Management to initiate action within thirty day from the receipt of such direction, for holding inquiry into the allegations against such employee and to complete the same in accordance with   such provisions and rules.

(2) Where  there is a failure on the part of  the Management to initiate action as directed under clause (b) of sub-section (1), to hold an inquiry and to complete the   same within the period prescribed under the rules,  the Director may himself hold, or direct any officer not below the lank of Education Officer to hold, such inquiry.

(3) While holding an inquiry the Director or the officer authorised by him shall follow the same procedure as is followed by the Inquiry Committee, under the rules made under this Act as if the Director or the officer so authorised were an Inquiry Committee for the purpose of holding such inquiry.

(4)  On holding such inquiry by the Director himself or an receipt of  the   report   of  the   inquiry   officer, if the Director is satisfied that the charges of serious misconduct, misbehaviour or, as the case may be, moral turpitude  have been substantially proved, he shall, by an order in  writing, direct the Management that a penalty of dismissal, removal from service, termination of service, or as  the case may be, reduction in  rank as he may, in the   circumstances   of the case deem fit, be imposed on the employee concerned:

Provided that, no such order shall be passed by the Director unless the employee and the Management concerned are given a reasonable opportunity of showing cause against the proposed order.

(5) The order of the   Director   under   clause (a) of sub-section (1) or sub-section (4) shall be binding on both the Management   and the   employee   and the   same   shall be complied with by the Management within such period as may be specified by the Director."].

SECTION 05: CERTAIN OBLIGATIONS OF MANAGEMENT OF PRIVATE SCHOOLS

(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.

["Provided that, unless such vacancy is to be filled in by promotion, the Management shall, before proceeding to fill such vacancy, ascertain from the   Educational   Inspector,

Greater Bombay, or as the case way be, the Education Officer, Zilla Parishad, whether there is any suitable person available on the list of surplus persons maintained by him, for absorp­tion in other schools; and in the event of such person being available, the Management shall appoint that person in such vacancy.";]

(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) and (4), he shall,   on completion of this probation period of two years, be deemed to have been confirmed.

(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 of after giving him one month's notice 2[or salary of one month in lieu notice].

(4) If the services of any probationer are terminated under sub-section (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).

³[(4A) Nothing in sub-sections (2), (3) or (4) shall apply to a person appointed to fill a permanent vacancy by promo­tion or by absorption as provided under the proviso to sub­section (1).]

(5) The Management may fill in every temporary vacancy by appointing a person duly   qualified to fill such vacancy. The order of appointment shall be drawn up in the form prescribed in that behalf, and shall state the period of appointment of such person.

1. Proviso added by Mah. Act No. 30 of 1987, S. 5 (a).

2.  Added by Man. Act No. 30 of 1987, S. 5 (b).

3.  Inst. by Mah. Act No. 30 of 1987, S. 5. (c).

SECTION 06: OBLIGATIONS OF HEAD OF A PRIVATE SCHOOL

(1) *[If—

(a)  the Head of a private school or   any   person duly authorised by him in that behalf,—

(i) makes unauthorised alterations 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

(ii) admits any student from an unrecognised educational institution without a written order of the Deputy Director; or

(iii) gives accelerated promotion to, or detains any student, either of his own accord at the instance of the Management, in contravention of the rules made in that behalf; or

(b) the employee of a private school is dismissed or removed or   his   services   are   otherwise   terminated   on account of misconduct,  gross   negligence   of  duties, moral tupitude, mis-appropriation of school   money   or   material, negligence or misconduct or   both   in connection   with   the examinations or creation of communal disharmony;]

(b)  admits any   student   from   an   unrecognised educational institution with 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 order in writing debar the Head or such authorised person 1[or such employee] form that post for period of five years from the date of the order. If after the said period of five years, the Head or such authorised person 1[or such employee] 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.

*Subst. by Mah. Act No. 30 of 1987, S. 6 (1) (a).

(2) After making any order under sub-section (1) the Director shall cause the name of such Head or authorised person [or employee] to be entered in a Black List Register maintained for the purpose, and communicate the name of the Head or such person [or employee] to all the Managements or private schools in the State.

SECTION 07: PROCEDURE FOR RESIGNATION BY EMPLOYEES OF PRIVATE SCHOOLS

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 or resignation in duplicate and sign both the copies of that letter and put the date thereon.    He may then forward one copy to the Management by registered post and keep the other copy with him.

SECTION 08: CONSTITUTION OF SCHOOL TRIBUNALS

(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.

1. Inst. by Mah, Act No. 30 of 1987, S. 6 (I) (b)

2. Inst ibid., S. 6 (2).

(2) A Tribunal shall consist of one person only to be appointed by the State Government.

(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)    The appointment of a person as a Presiding Officer of a Tribunal may be on a full time 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) The remuneration and other conditions of service of the Presiding   Officer shall be determined   by the   State Government.

(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) 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) If any vacancy, other than a temporary vacancy, occurs, in the office of the Presiding Officer of the Tribunal, the State Government shall, as soon as possible, appoint another qualified person to fill the vacancy. Any proceedings pending before the former Presiding Officer may be continued and disposed of by his successor from the stage at which they were, when the vacancy occurred.

SECTION 09: RIGHT OF APPEAL TO TRIBUNAL TO EMPLOYEES OF PRIVATE SCHOOLS

(1) Notwithstanding anything contained in any law or contract for the time being in force,

*[any employee in a private school—

(a) who   is   dismissed   or   removed   or   whose services are otherwise terminated or who is reduced in rank, by the order passed by the Management; or

(b) who is superseded by the management while making an appointment to any post by promotion, and who is aggrieved, shall have a right of appeal and may appeal against any such order or supersession 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) 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) 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, as the case may be, if it is satisfied that the appellant has sufficient cause for not preferring the appeal within that period.

(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.

SECTION 10: GENERAL POWERS AND PROCEDURE OF TRIBUNAL

(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 Court of Civil Procedure, 1908, and shall also have the power to stay 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)  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) 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. If the   Tribunal is unable to dispose of any appeal   within this period, it shall put on its record the reasons therefor.

SECTION 11: POWERS OF TRIBUNAL TO GIVE APPROPRIATE RELIEFS AND DIRECTIONS

(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 matter 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) 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 to   the employee twelve months' salary (pay and allowances,   if any) if he has been in the service of the school for   ten   years   or more and six months salary (pay and allowances, if any) if he has been in service of the school for less than   ten   years] 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)  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)  Any direction issued by the Tribunal  under   subsection (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.

SECTION 12: DECISION OF TRIBUNAL TO BE FINAL AND BINDING

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.

SECTION 13: PENALTY TO MANAGEMENT FOR FAILURE TO COMPLY WITH TRIBUNAL'S DIRECTIONS

(1) If the Management fails, without any reasonable excuse, to comply with any direction issued by the Tribunal, *[under Section 11 or any order issued by the Director under clause (a) of sub-section (1) or sub-section (4) of Section 4A within the period specified in such direction, or as the case may be, under sub-section (5) of Section 4A or within such further period as may be allowed by the Tribunal or Director, as the case may be] 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

(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, 1860, or a public trust registered under the Bombay Public Trusts Act, 1950, or any other body corpo­rate, and includes an association or body of persons, by whatever name called, under whose management one or more private schools are conducted.

SECTION 14: LEGAL PRACTITIONERS EXCLUDED FROM APPEARANCE

Notwithstanding anything contained in any law for the time being in force, a legal practitioner shall not be entitled to appear on behalf of any party in any proceedings before the [Director or the Tribunal] except with the special permission of the [Director or the Tribunal].

2[Provided that, the appellant shall, if he so desires, be allowed to represent himself before the Director or the Tribunal through any other person of his choice who shall be an employee in the same or any other private school. Such representative shall obtain permission to do so from the Management of his school.]

SECTION 15: TRANSFER OF   PENDING APPEALS TO TRIBUNAL

All appeals of employees [or, as the case may be, of the Manage­ments] of private schools relating to the matters specified in Section 9, which may be pending on the appointed date before the Department or the Director or an Officer subordinate to him, as the case may be, in accordance with the provisions of the Secondary Schools Code, shall be transferred to the Tribunal [ x x x x ]. The Tribunal shall hear and dispose of every such appeal, as if it were made under Section 9, provided that the prescribed fee of Rs. 50 is paid by the employee within one month of the receipt of a notice given to him by the Tribunal for that purpose:

²[Provided that any such appeal decided by the Department, or the Director, or an officer subordinate to him, during the period commencing on the date of coming into force of this Act and ending on the date of commence­ment of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation (Amendment) Act, 1987 in accordance with the directions of the High Court of Bombay, shall be deemed to have been validly decided, as if the Department or the Director or the officer subordinate to him had, notwithstanding anything contained in this Act, the jurisdiction to decide the same].

1.Subs, by Mah. Act 30 of 1987, S. 10.(a).

2.Proviso added ibid., S. 10 (b).

3.Inst, by Mah. Act No. 30 of 1987, S. II (a).

SECTION 16: RULES

(1) The State Government may, by notification in the Official Gazette,  make rules for carrying  the purposes of this Act.

1.    Deleted by Act No. 30 of 1987, S. 11 (b). 3.   Proviso added Ibid, S. II (c).

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :—

(a)  the minimum  qualifications  for   recruitment of employees of private schools (including its procedure);

(b) their scales of pay and allowances ;

(c)  their post-retirement and other benefits;

(d) the other conditions of service of such employees including leave, super-annuation, re-employment and promotion;

(e)  the duties of such   employees   and   Code of Conduct and disciplinary matters ;

(f) the manner of conducting enquiries;

(g) any other matter which is required to  be or may be prescribed.

(3)  All rules made under this Act shall be subject to the condition of previous publication.

(4)  Every rule made under this Act  shall be laid, as soon as may be, after it is made before   each   House of the State Legislature, while it is in session for  a total   period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before   the expiry of the session immediately following the   session or the   successive sessions aforesaid, both Houses agree in making any   modifi­cation in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or  validity of anything previously done or omitted to be done under that rule.

[(2A) The power to make rules under clauses (a) to (d) conferred by sub-section (2) shall include the power to give retrospective effect to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interest of any person to whom such rule may be applicable.].