HARYANA GOVT. GAZ. (EXTRA.), OCT. 31, 2011 91(KRTK. 9, 1933 SAKA)NotificationThe 31st October, 2011
PART IHARYANA GOVERNMENTLAW AND LEGISLATIVE DEPARTMENT
PART IHARYANA GOVERNMENTLAW AND LEGISLATIVE DEPARTMENT
No. Leg. 26/2011.—The following Act of the Legislature of theState of Haryana received the assent of the Governor of Haryana on the31st October, 2011, and is hereby published for general information :—
HARYANA ACT NO. 21 OF 2011
THE HARYANA SCHOOL TEACHERS SELECTION BOARDACT, 2011 ANACT
to establish a Board for the selection of teachers for appointment to theGovernment schools, and selection of teacher educators, educationalsupervisors for School Education Department in the State ofHaryana and for matter connected therewith orincidental thereto.
Be it enacted by the Legislature of the State of Haryana in the Sixty-secondYear of the Republic of India as follows :—
(1) This Act may be called the Haryana School Teachers Selection Short title and
Board Act, 2011.
(2) It shall come into force on such date, as the Government may, bynotification, appoint in this behalf.
In this Act, unless the context otherwise requires,— Definitions.
"Board" means Haryana School Teachers Selection Boardestablished under section 3;
"Chairman" means the Chairman of the Board and includes anyother person performing, in the absence of the Chairman, for thetime being, the functions of the Chairman;
"Director" means the Director, School Education Department andincludes Additional Director, Joint Director or Deputy Directoras authorized by him in this behalf;
"Education Board" means the Board of School Education,Haryana;
(e) "Educational Supervisor" means teachers appointed to such postswith various designations to man school, block, district and headquarter office dealing with school education;
(0 "Government" means the Government of the State of Haryana;
"Head of Institution" means the Head Teacher, Head Master orthe Principal of a School, as the case may be;
"member" means a member of the Board and includes itsChairman;
(i0 "prescribed" means prescribed by rules made under this Act;(I) "recognized university / institution" means-
any university/institution established by law in India; or
any other university/ institution which is declared by theGovernment to be a recognised university/ institution forthe purposes of these rules;
(k) "School" means an institution established by the Governmentimparting education from primary to senior secondary level;
"Teacher" means such persons appointed to regular teaching postswith various designations in school;
"Teacher Educator" means teachers with various designationsappointed as such in District Institute of Education and Training/State Council of Education and Research Training or any otherGovernment Teacher Training Institution as established by theGovernment.
"Teacher Training Institute" means a Government TrainingInstitute imparting pre-service/in-service training to schoolteacher.
With effect from such date, as the Government may, by notification Establishment ofappoint in this behalf, there shall be established a Board to be called the Haryana Board.School Teachers Selection Board.
The Board shall consist of a Chairman and four other members.
Mode ofappointment ofChairman andmembers.
5. (1) The appointment of Chairman and members shall be made by theGovernment on the recommendations of the collegium which shall consist of, theChief Secretary to Government, Haryana, Principal Secretary/Commissioner SchoolEducation, Haryana and a Vice Chancellor of any of the State Universities to beco-opted by the Chief Secretary. The collegium shall evolve its own procedure inrecommending the name/ names of Chairman/ Members to the Chief Minister,who shall make the final selection for the purpose of making the appointment bythe Government.
(2) No person shall be qualified for appointment as Chairman unless
possesses a post-graduate degree from any recognizeduniversity/institution or have any other equivalent academicqualifications; or
has worked on Class-I post under any State or CentralGovernment for five years; or
is or has been a Principal, Associate Professor or Professor ofany College or University; or
is an eminent educationist; or
(e) has been a Member of the Board for one term.
(3) No person shall be qualified for appointment as a member Lidless
possesses a post-graduate degree from any recognizeduniversity/ institution or have any other equivalent academicqualifications; or
has worked on Class-II post under any State or CentralGovernment for five years; or
(c) is an eminent academician:
Provided that all the incumbents shall not be from one category.
(4) Every appointment under this section shall take effect from thedate on which it is notified by the Government.
6. (1) Every member shall, unless he becomes disqualified for continuingas such, hold office for a term of three years or until he attains the age of 72 years,
Terms and serviceconditions ofmembers.
Power ofGovernment toremove members.
Proceedings ofBoard not to beinvalidated.
whichever is earlier :
Provided that a member may, by writing under his hand addressed tothe Government, may resign his office, but shall continue in office until hisresignation is accepted by the Government.
A person who holds office as a member shall, on the expiration ofhis term of office, be eligible for reappointment to that office for another term.
The office of the members shall be whole-time and the terms andconditions of their service shall be such, as may be prescribed.
(4) The salary, allowances and perks of Chairman/members shall bethe same as prescribed for Haryana Staff Selection Commission.
7. (1) The member shall be removed from his office by the order ofGovernment on the grounds of misbehaviour, after an inquiry by a retired HighCourt Judge when it is held that he ought to be removed on such ground.
(2) Notwithstanding anything contained in sub-section (1), theGovernment may, by order remove from office any member if he,—
is adjudged an insolvent; or
engages, during his term of office, in any paid employmentoutside the duties of his office; or
(c) in the opinion of the Government is unfit to continue hisoffice by reason of infirmity of mind or body; or of provedmisconduct.
8. No act or proceeding of the Board shall be deemed to be invalid merelyon the ground of-
any vacancy or defect in the constitution of the Board; or
any defect or irregularity in the appointment of a member thereof;or
(iii) any defect or irregularity in such act or proceeding not affectingthe substance.
9. (1) The Secretary shall belong to the cadre of Haryana Civil Servicesand shall be appointed by the Government on deputation for a term not exceedingfive years, and other conditions of his service shall be such, as the Governmentmay, from time to time, determine.
(2) Subject to such directions, as may be issued by the Governmentin this behalf, the Board may appoint such other employees, as it may thinknecessary, for the efficient performance of its functions under this Act and on suchterms and conditions of service as the Board thinks fit.
All orders and decisions of the Board shall be authenticated by the Authentication ofsignature of the Secretary or any other officer authorized by the Board in this orders.
(1) The Board shall exercise the following powers and perform the Powers andfollowing duties, namely:— duties.
CO prepare guidelines on matter relating to the method of directrecruitment of teachers, teacher educators and educationsupervisors for School Education Department;
conduct examinations, hold interviews and make selectionof candidates for being appointed as teachers, teachereducators and education supervisors:
Provided that the Haryana Public Service Commissionshall continue the process of recruitment for the posts whichhave been notified and already advertised;
select and invite experts and to appoint examiners orexamination agencies for the purposes specified in clause
make recommendations to the Director, ElementaryEducation, Secondary Education or Government regardingthe appointment of selected candidates Group A, B and C(excluding ministerial staff in Government schools/ TeacherTraining Institutions/ offices of School EducationDepartment);
fix the emoluments and travelling and other allowances ofthe experts and examiners;
administer the funds placed at the disposal of the Boaid;
perform such other duties and exercise such other powers asmay be prescribed.
(2) It shall not be necessary to consult the Board for suitability ofcandidates for appointment to—
a temporary post, the necessity for which is declared at thetime of its creation to be unlikely to continue for more thansix months;
a permanent post of a person temporarily for a period notexceeding six months, owing to emergent circumstanceshaving arisen, if it is necessary in public interest to fill thevacancy immediately and there is likely to be undue delayin making appointment in consultation with the Board; and
(c) a post to be filled in by promotion or transfer.
Power to makerules.
The headquarter of the Board shall be at Panchkula or at such place, asthe Government may, notify from time to time.
(1) The Government may, by notification in the Official Gazette,make rules for carrying out the purposes of this Act.
(2) Every rule made under this section shall be laid as soon as may beafter it is made before the House of the State Legislature while it is in session.
The Government may, after due appropriation made by law in thisbehalf, pay to the Board in each financial year, such sum, as may be considerednecessary, for the performance of the functions of the Board.
(1) The Board shall have its own fund, and all sums paid to it by theGovernment and all receipts of the Board shall be carried to the fund and allpayments by the Board shall be made therefrom.
All moneys belonging to the fund shall be deposited in suchbanks or invested in such manner, as may subject to the approval of the Government,be decided by the Board.
The Board may spend such sums as it thinks fit for performing itsfunctions and such sums shall be treated as expenditure payable out of the fund.
The Board shall prepare once every year, in such form and at suchtime, as may be prescribed, an annual report giving a true and full account of itsactivities during the previous year and copies thereof shall be forwarded to theGovernment and the Government shall cause the same to be laid before the StateLegislature.
(1) The Board shall cause to be maintained such books of accountsand other books in relation to its account, in such form and in such manner, as theGovernment may, by general order direct.
The Board shall as soon as may be after closing its annualaccounts, prepare statement of accounts in such form and forward the same to theAccountant General, by such date, as the Government may, in consultation withthe Accountant General determine, for audit under section 14 of the Comptrollerand Auditor Generals' (Duties, Powers and Conditions of Service) Act, 1971 (56 of1971).
The Annual accounts of the Board together with the audit reportthereon shall be forwarded to the Government and the Government shall cause thesame to be laid before the State Legislature.
18. The Board may, by regulations made under section 20, delegate toChairman or any of its members or officers, its power of general superintendenceand direction over the business transacted by or in the Board including the powerswith regard to the expenditure incurred in connection with the maintenance of theoffice and internal administration of the Board.
No suit, prosecution or other proceeding shall lie against any personfor anything which is in good faith done or intended to be done under this Act.
The Board may, with the previous approval of the Government, makeregulations not inconsistent with the provisions of this Act or the rules madethereunder regulating fees for holding selections, conducting examination andholding interviews and laying down the procedure to be followed by the Board fordischarging its duties and performing its functions.
Protection ofaction taken ingood faith.
Power to makeregulations.
21. (1) If any difficulty arises in giving effect to the provisions of this Power to removeAct, the Government may, by order published in the Official Gazette, make such difficulties.provisions or give such directions, not inconsistent with the provisions of this Act,as appear to it to be necessary or expedient for removing the difficulty.
Every order made under sub-section (1) shall be laid before theState Legislature.
No order under sub-section (1) shall be called in question in anyCourt on the ground that no difficulty, as is referred to in sub-section (I), existed orwas required to be removed.
22. (1) The Haryana School Teachers Selection Board Ordinance, 2011 Repeal and(Haryana Ordinance No. 5 of 2011), is hereby repealed. saving.
(2) Notwithstanding such repeal, anything done or any action takenunder the said Ordinance, shall be deemed to have been done or taken under thisAct.
AARADHNA SAWHNEY,Special Secretary to Government, Haryana,Law and Legislative Department.