Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977
No: 3 Dated: Mar, 20 1978
THE MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS (CONDITIONS OF SERVICE) REGULATION ACT, 1977
ACT No. III OF 1978
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 efficiently;
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-eighth Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Maharashtra Employees of Private Schools (Conditions of Services) 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.
2. Definitions. - In this Act, unless the context otherwise requires,-
(1) "appoint 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 schools course;
(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 Deputy Director of Vocational Education and Training of the educational region as the case may be, appointed as such a 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 Education or the 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; and includes Assistant Teacher (Probationary) ;
(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, assistance head-mistress or superintendent thereof;
(10) "Junior College of Education" means a school imparting teacher education to persons for being appointed as teachers and Assistant Teacher (Probationary) 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 Corporation Act, 1949, or the City of Nagpur Corporation Act, 1948;
(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 upto such standards as may be determined by the State Government, from time to time, located either in a primary or 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 recognised school established or administered by a Management, other than the Government or a local authority;
(21) "recognised" means recognised by the Director, the Divisional Board or the State Board, or by any officer authorised by him or by any of such Boards;
(23) "rules" means the rules made by the State Government under this Act;
(24) "School" means a primary school, secondary school, higher secondary school, junior college of education or any other institution by whatever name called including, technical, vocational or art institution or part of any such school, college or institution, which imparts general, technical, vocational, art or, as the case may be, special education or training in any faculty or discipline or subject below the degree level;
(24A) "Assistant Teacher (Probationary)" means a member of base teaching cadre appointed on honorarium and subject to such terms and conditions as specified in the Government Resolution published in the Maharashtra Government Gazette, Extraordinary, No. 12, Part 1 - Central Sub-Section, dated the 15th February 2007, for eventual appointment as a teacher;
(25) "State Board" means,-
(a) the Maharashtra State Board of Secondary and Higher Secondary Education established under the Maharashtra Secondary and Higher Secondary Education Boards Act, 1965;
(b) the Board of Technical Examinations, Maharashtra State;
(c) the Maharashtra State Board of Vocational Examinations; or
(d) the Art Examinations Committee;
(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.