Punjab Privately Managed Recognised Schools Employees (Security of Service) Act, 1979

No: 18 Dated: Nov, 16 1979

The Punjab Privately Managed Recognised Schools Employees (Security of Service) Act, 1979

Punjab Act No. 18 of 1979

    An Act to provide for security of service to employees of privately managed recognised schools in the State of Punjab and for matters connected therewith and incidental thereto.

    Be it enacted by the Legislature of the State of Punjab in the The thireeth Year of the Republic of India as follows :-

CHAPTER I

Preliminary

1. Short title and commencement. - (1) This Act may be entitled the Punjab Privately Managed Recognised Schools Employees (Security of Service) Act, 1979.

(2) It extends to the whole of the State of Punjab.

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

2. Definitions. - In this Act, unless the context otherwise requires, -

(a) "aided post" means the post on the establishment of a privately managed recognised school against which such a school gets grant-in-aid from the State Government;

(b) "Director" means the Director of Public Instruction (Schools), Punjab and Director of Public Instruction (Primary Education), as the case may be, and includes any other officer authorised by him in this behalf;

(c) "employee" means any person employed on an aided post in any privately managed recognised school for hire or reward (whether the terms of employment be express or implied) and for the purposes of any proceedings under this Act in relation to any employment dispute includes the person dismissed or removed from service but does not include a part-time employee;

[( cc) "educational institution" shall have the same meaning as assigned to it in clause (f) of section 2 of the Punjab Affiliated Colleges (Security of Service) Act, 1974;]

(d) "existing school" means a privately managed recognised school which is in existence at the commencement of this Act;

(e) "managing committee" means the body of the individuals who are entrusted with the management of any privately managed recognised school;

(f) "prescribed" means prescribed by rules made under this Act;

(g) "privately managed recognised school" means a school, which is not run by the Central Government, the State Government, a local authority or any other authority designated or sponsored by the Central Government, State Government or local authority, as the case may be, and is recognised by the State Government for imparting pre-primary, primary middle, high and higher secondary education or training below the degree level, but does not include an institution which imparts technical education;

(h) "School Tribunal" means a School Tribunal constituted under section 8 of this Act.

CHAPTER II

Terms and Conditions of Service of Employees

3. Terms and conditions of Service of employees. - The minimum qualifications for recruitment and the conditions of service of the employees shall be such as may be prescribed :

Provided that neither the salary nor the rights in respect of leave of absence, age of retirement and pension of an employee of an existing school shall be varied to the disadvantage of such employee :

Provided further that every such employee shall be entitled to opt for the terms and conditions of service as were applicable to him immediately before the commencement of this Act.