West Bengal School Service Commission (Mutual Transfer) Rules, 2012

Government of West Bengal
School Education Department,
Secondary Branch,
Bikash Bhawan, Salt Lake City, Kolkata-700091.

NOTIFICATION

No.348-SE/S/IS-06/2012.

Dated.21/02/2012.

   In Exercise of the power conferred by Section 17, read with Sub-Section (1) and subsection-(2) of 10A, of the West Bengal Central School Service Commission Act, 1997 (West Ben, Act IV of 1997), as subsequently amended, the Governor is, hereby, pleased to make the following rules, namely:-

Rules

1. Short title and commencement:-

   These rules may be called the West Bengal School Service Commission (Mutual Transfer) Rules, 2012

   (2)These Rules shall come into force on the date of their publication in the Official Gazette.

 

2. Definition:-

   (1) In these rules, unless the context otherwise requires,-

   a) 'Act’ means the West Bengal Central School Service Commission Act, 1997 (West Ben, ACT IV of 1997);

   b) Central Commission” means West Bengal Central School Service Commission Constituted under clause (a) of sub-section (1) of Section 3 of the Act;

   c) ‘Category’ means Assistant Teachers or the Librarian or Clerical Staff and includes Clerk, Group-D, peon or laboratory Attendant or Night Guard or Matron of a school.

   d) ‘Confirmed’ means Confirmation in service by the School Managing Committee or the Administrator of a school of an employee who has rendered satisfactory service after being appointed in a normal vacancy and in the case of an additional post, if the Managing Committee of the School or the Administrator confirms the service of the employee after receipt of retention order of the post from the District Inspector of Schools (SE) or the Director of School Education, West Bengal;

   e) ‘Form’ means a Form appended to these rules;

   f) ‘Hearing Committee’ means a committee to be constituted under Sub- rule (5 )of rule 4;

   g) ‘Incumbent’ means a teacher of a school of any category induding non-teaching staff and librarian of a school for mutual transfer;

   h) Joint Application” means, application signed by two incumbents individually and separately seeking interchange of their places of posting;

   i) Mutual Transfer” means replacement of any incumbent with an incumbent of same category from reciprocal places of their posting;

   j) “Non-Teaching Staff’ means an employee who is not directly involved in teaching but acts as a part of supporting system to the teaching and includes librarian;

   k) "Same Subject” means a subject which is taught by two different Assistant Teachers at their respective places of posting;

   (2) Words and expression used and not defined in these rules but defined in the Act shall have the same meanings as respectively assigned to them in the Act.

3. Eligibility for Mutual Transfer of a teacher:-

  (1) An incumbent teacher shall be eligible for transfer under the provision of these rules subject to fulfillment of all the following conditions:-

   a) mutual Transfer shall be made between two teachers who have been appointed against the same category of vacancies and holding the same category of posts and teaching the same subject;

   b) a male incumbent shall not be eligible for mutual transfer with a female incumbent of a girls’ school;

   c) the service of the incumbents concerned shall be confirmed at their respective places of posting;

   d) the Incumbents concerned opting for mutual transfer shall be from the same category of schools, having same medium of instruction i.e. Bengali or English or Hindi or Nepali or Oriya or Santhali or Telegu or Urdu or Bengali- Urdu;

   e) mutual transfer shall be made between two teachers against whom no Judicial or Departmental proceeding is pending or is being contemplated.

   (2) No incumbent shall be allowed to apply for mutual transfer when his/her date of superannuation is within a period of two years from the date of application for mutual transfer.

4. Procedure for submission of application for Mutual transfer in respect of teacher:-

   (1) An incumbent teacher desirous of mutual transfer under the provisions of these rules shall apply to the Central Commission in the Form along with a requisite fees of Rs.l000/- to be paid by Bank Draft drawn in favour of the West Bengal Central School Service Commission.

   (2) The application so submitted shall contain the “No Objection and Declaration of the School”, as mentioned in PART-II of the Form under the signature and seal of the Secretary, Managing Committee or the Administrator of the School and the Head Master or Head Mistress or Teacher-in-charge, as the case may be.

   (3) For the purpose of sub-rule (2), the school Managing Committee shall, after receiving Part-I filled up Form from the incumbent, place and consider such application in its immediately next meeting and fill up the PART-II of the Form.

   (4) On receipt of such application, the Central Commission shall place it before the Hearing Committee and on receiving the report of the Hearing Committee, the Central Commission may, within a period of three months from the date of receipt of such application, recommend for mutual transfer of the two incumbents to their reciprocal places of posting.

   (5) The Hearing Committee shall consist of three members selected by the Chairman of the Central Commission and the qualifications and allowances to be paid to the members of the Hearing Committee shall be decided by the Central Commission.

   (6) The report of the Hearing Committee shall be made within 30 days from the date of receiving the application by the Hearing Committee from the Central Commission.

   (7) The Hearing Committee shall scrutinize the applications for mutual transfer and shall call the respective incumbents and the Secretary or the Head Master/ Head Mistress/Teacher-in-charge, as the case may be, of the concerned schools and the respective District Inspectors of Schools (Secondary Education) or the authorized representatives of the District Inspectors of Schools (Secondary Education) on the date of hearing. After hearing, the Hearing Committee shall prepare a gist, in writing, of the hearing of each application for mutual transfer and shall obtain full signature thereon of all of the persons mentioned above and shall submit a report in respect of each application separately by seven days from the date of hearing to the Central Commission.

   (8) For the purpose of hearing before the Hearing Committee, the Central Commission shall, by giving notice in writing to all of the persons mentioned above by registered post with acknowledgement due, intimate the date and time of hearing as mentioned in sub-rule (7).

   (9) The recommendation of mutual transfer made by the Central Commission under sub-rule (4), shall be communicated to the incumbents, respective Secretaries of School Managing Committees or the Administrator of the concerned schools, as the case may be and the concerned District Inspector of Schools, within 30 days from the date of receiving the report of the Hearing Committee.

   (10) While recommending the mutual transfer, the Central Commission shall mention clearly between the two incumbents who shall be released first by the concerned School Managing Committees or the Administrator of the concerned schools, as the case may be.

   (11) The incumbent who is released first from his or her post by the Secretary of the Managing Committee or the Administrator of the concerned school, as the case may be, shall join the post of his or her counterpart incumbent, within 3 days from the date of such release.

   (12) On the date of joining of the first released incumbent teacher to the post of his/ her counterpart teacher, the other incumbent teacher shall be released first by the Secretary of the School Managing Committee or the Administrator of the concerned school, as the case may be and the incoming incumbent shall then join in the place of the released incumbent.

   (13) Being released from his/her post, the other incumbent shall join the post of his/her counterpart within 3 days from the date of his/her release.

   (14) The period between the release from one school and the joining to the other school on mutual transfer, shall be treated as joining leave which shall be recorded in the relevant part of Service Books of the incumbents. This joining leave shall not be more than 3(three) days.

   (15) The salary for the joining leave shall be claimed by the concerned Head of the Institution of the respective school where the incumbent joins on mutual transfer.

   (16) No claim for any additional financial benefits like Traveling allowance or allowance for transporting belongings etc. shall be made by the incumbents.

   (17) The District Inspector of Schools (SE) concerned shall, after obtaining papers of mutual transfer from the School Managing Committee or the Administrator of the school, as the case may be, issue fresh approval of appointment to the incumbents who join in the post of the respective school. The joining leave shall be recorded in the approval memo issued by the District Inspector of Schools (SE) and the salary for the transit leave shall be allowed by the District Inspector of Schools (SE).

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