Government of Bihar

Education Department

Notification
File Number:7/Niyo.-12/2020 Patna, date- .
In exercise of power conferred under Section 243 Chha (11th
Schedule, Item No.-17) of the Constitution of India and Section 22 and 47
read with Section 146 of the Bihar Panchayat Raj Act, 2006, the Governor of
Bihar hereby makes the following Rules for appointment, promotion and
service conditions of Teacher, Head Master and Instructor working in
Elementary schools situated in rural area of the State:-

"Bihar Panchayat Elementary School Service (Appointment,

Promotion, Transfer, Disciplinary Proceeding and Service Condition)
Rules, 2020"

Preamble:- The education is the fundamental right of the children of the

age of 6-14 years under Section 21(a) of the Constitution of India. In order
to implement the said right, the Government of India has promulgated Right
of Children to Free and Compulsory Education Act, 2009. After a due
consideration, a decision had been taken earlier to appoint teachers and
instructors in Elementary Schools situated in the Rural area of the State by
the Panchayati Raj Institutions, in the background of the said Act and 73rd
amendment of the Constitution of India. Therefore, in order to achieve the
purpose of improving the procedure of appointment and service conditions of
teachers, these rules are being framed.

1. Short Title, Extend and Commencement:-

(1) These Rules shall be called the "Bihar Panchayat Elementary

School Service (Appointment, Promotion, Transfer, Disciplinary
Proceeding and Service Conditions) Rules, 2020".

(2) It shall extend to the whole of the State of Bihar.

(3) It shall come into force from the date of issue of notification.
2. Definitions:

In these Rules, unless there is anything repugnant in the subject or

context-
 2

(i) "Government" means Bihar Government;

(ii) "Administrative Department" means the Education Department;

(iii) "Primary School" means, those Government or Nationalized

Schools where education is being imparted up to Class 5th for the
present,

(iv) "Middle School" means, those Government/ Nationalized Schools

where education is being imparted up to Class 8th for the present.

(v) "Elementary School" means, Government/Nationalized primary

and Middle School.

(vi) "Upgraded Secondary School" means, those schools which have

been upgraded from Middle School to Secondary School under the then
Rashtriya Madhyamik Shiksha Abhiyan (RMSA) or under State
Government Resolution NO.-1021 dated 05.07.2013.

(vii) "Upgraded Senior Secondary School" means, those schools

which have been upgraded from Middle School or Secondary School to
Senior Secondary School under State Government Resolution NO.-1021
dated 05.07.2013.

(viii) "Gram Panchayat" means, Gram Panchayat, constituted under

Bihar Panchayat Raj Act, 2006 (As amended).

(ix) "Panchayat Samiti" means, Panchayat Samiti, constituted under

Bihar Panchayat Raj Act, 2006 (As amended).

(x) "Cadre" means, Cadre of Panchayat Elementary Teacher and

Head Master of Middle School appointed in Elementary/Upgraded
Secondary/Upgraded Senior Secondary Schools, under the jurisdiction
of Gram Panchayat and Panchayat Samiti, as per these Rules.

(xi) "Appointing Authority" means, the Committee constituted under

these Rules, competent to directly appoint/promote teacher, Head
Master and Instructor.

(xii) "Disciplinary Authority" means, the committee, constituted to

appoint/promote teacher, Head Master and Instructor under these
Rules, which is competent to conduct disciplinary proceeding against
them. j
~
 3

(xiii) "Appellate Authority" means, 'District Appellate Authority'

constituted at the district level, to adjudicate complaint/appeal
regarding matters related with appointment of Head Master/Teacher/
Instructor and matters related with their service conditions etc after
hearing the parities and 'State Appellate Authority' constituted at the
State level to hear appeal against the order passed by the 'District
Appellate Authority'.

(xiv) "Teacher" means,

(a) Panchayat Elementary Teacher of Basic grade, appointed
under these Rules for imparting education from Class-I to Class-V;

(b) Panchayat Elementary Teacher of Graduate qrade;

appointed under these Rules for imparting education from Class-VI
to Class-VIII;
(xv) "Instructor" means, Instructor of Music or Fine Art, Instructor of
Physical Education and Health and Instructor of Socially Productive
Work appointed in Middle School/Upgraded Middle School/Upgraded
Senior Secondary School from Class-VI to Class-VIII under these
Rules, whose post shall be of part time.
(xvi) "Head Master" means, Head Master appointed for upto Class-B'"
under these Rules.
(xvii) "University" means, university constituted under Statute or
university, recognized by University Grant Commission.

(xviii)"National Council for Teacher Education" means Council,

regulating the teaching and training arrangements at the national
level.
(xix) "Teacher Eligibility Test" means, eligibility test conducted by
Central Government or State Government, for concerned candidates
with respect to the appointment on the post of teachers through direct
recruitment process under these Rules.

(xx) "Instructor Eligibility Test" means, eligibility test conducted for

concerned candidates with respect to the appointment on the post of
Instructor through direct recruitment process under these Rules.
 4

(xxi) "Teacher Training" means, teacher training from any training

institution recognized either by Central or any State Government
before the enforcement of NCTE Act, 1993 or D.EI.Ed/B.Ed/ B.A. Ed/
B.Sc Ed degree from any training institution recognized by NCTEafter
the enforcement of NCTEAct or D.EI.Ed/B.Ed/ B.A. Ed/ B.Sc Ed degree
from any training institution recognized by those State/ Union Territory
where NCTEAct is not enforced.

(xxii) "Vidyalaya Siksha Samiti" means, committee constituted under

the Rules of the State Government -for--managementand supervision of
each Primary and Middle School.

3. Category of Panchayat Elem~ntary Teachers:- There shall be .. -

following two category of Panchayat Elementary Teacher:-

(a) Block Teacher- Teacher appointed for Class-I to Class-VIII in

Middle Schools/Upgraded Middle Schools/Upgraded Secondary Schools
situated in a Block by the Appointment Committee of the concerned
Block.

(b) Panchayat. Teacher- Teacher appointed for Class-I to Class-V

in Primary Schools of a Panchayat by the Appointment Committee of
the concerned Gram Panchayat.

4. Cadre of Panchayat Elementary Teachers:- The cadre of

Panchayat Elementary Teacher shall be of the following three combined
grades:-

(i) Basic Grade (Class-I to V);

(ii) Graduate Grade (Class-VI to VIII);

(iii) Head Master of the Middle School.

[Note:- (a) As a result of upgradation of Primary School in Middle

School, the Panchayat Teacher appointed by Panchayat shall
automatically come under the relevant category of Block Teacher
and their control shall come under Panchayat Samiti.

(b) Even in the case of upgradation of Middle School in

Secondary School or Senior Secondary School, the control of
Class-I to VIII shall remain with the Panchayat Samiti.
 5

5. Minimum Qualification for Appointment

(1) Direct appointment shall be made to all the posts on the
basic grade (Class-I-V) of the Cadre of Panchayat Elementary
Teacher. The minimum qualification for appointment on this
post shall be as follows:-

(a) Senior Secondary (or its equivalent) with at least minimum

50% marks and two year diploma in Elementary. Education
(Known by whatever name)

Or

Senior Secondary (or its equivalent) with at least minimum 45%

marks and two year diploma in Elementary Education (Known by
whatever name), obtained as per the National Council for
Teacher Education (Recognition, Norms and Procedure)
Regulations 2002.

Or

Senior Secondary (or its equivalent) with at least minimum 50%

marks and four year Bachelor of Elementary Education
(B.EI.Ed.).

Or

Senior Secondary (or its equivalent) with at least minimum 50%

marks and two year diploma in Education (Special Education)

Or

Graduation with at least 50% marks and Bachelor in Education

(B.Ed.)

Note:- Those who have secured Bachelor in Education (B.Ed)

from any institution, recognized by the NCTE, may be considered
for appointment provided appointed teacher of this kind shall
complete a bridge course of 6 month duration in Primary
Education from any institution recognized by NCTE, within two
years from the date of appointment.
 6

And

Qualified in the 'Teacher Eligibility Test' (TET) conducted by the

Central or Bihar Government for appointment as teacher for
imparting education in Class-t-V.

(2) Graduate. Grade of Panchayat Elementary Teacher

Cadre (Class-VI-VIII):- Graduate Grade (Class-VI-VIII)
teachers in Middle School shall be appointed in the following
subject wise posts:-

(i) Mathematics and Science Teacher.

(ii) Social Science Teacher.

(iii) . language Teacher.

Fifty Percent (50%) posts in graduate grade (Class VI-VIII) of

Panchayat Elementary Teachers shall be filled by direct
appointment whereas rest 50% shall be filled by promotion.

(i) The minimum qualification for direct recruitment

shall be as follows:-

(a) B.A./B.Sc. and two years diploma in Elementary Education

(Known by whatever name).

Or

B.A./B.Sc. with minimum 50% marks and one year Bachelor in

Education (B.Ed).

Or

B.A./B.Sc. with minimum 45% marks and one year Bachelor in

Education (B.Ed) obtained as per the National Council for
Teacher Education (Recognition, Norms and Procedure)
Regulations 2002, issued from time to time in this regard.
Or

Senior Secondary (or its equivalent) with minimum 50% marks

and four year Bachelor in Elementary Education (B.EI.Ed.)

Or
 7

Senior Secondary (or its equivalent) with minimum 50% marks

and Four year B.A./B.Sc.Ed or B.A.Ed./B.Sc.Ed.

Or

B.A./B.Sc. with minimum 500/0 marks and one year B.Ed.

(Special Education).

And

Qualified in the 'Teacher Eligibility Test' (TET) conducted by the

Central or Bihar Government for appointment as teacher for
imparting education in Class-VI-VIII.

(b) Diploma/Degree course _in_ .teacher education from

recognized training institution shall be valid. In the case of
Diploma in Education (Special Education) and B.Ed. (Special
Education), course recognized by the Rehabilitation Council of
India (RCI) only shall be valid.

(c) Those possessing D.Ed. (Special Education) or B.Ed.

(Special Education) qualification, shall have to undergo six
month special training in Elementary Education, recognized by
the National Council for Teacher Education after appointment.

(d) As per National Council for Teacher Education

(Determination of Minimum Qualification for recruitment of
Teachers in Schools) Regulations, 2001, teacher of Class I to V,
having qualification of B.Ed., appointed on or after 3rd September
2001, shall have to undergo six month special training in
Elementary Education, recognized by the National Council for
Teacher Education.

(e) The equivalent degree of technical degree (polytechnic or

Unani Education etc.) and degree (Maulvi, Up Shashtri) related
with special oriental language are not valid for appointment on
the post of general teacher. The language specific UpadhijDegree
conferred by any voluntary institutions established under any
society or trust is not valid for appointment on the post of
teacher.
 8

(ii) The minimum qualification for 500/0 post of graduate

grade (Class VI-VIII) of Panchayat Elementary Teachers,
which may be filled by promotion, shall be as follows:-
*
(a) Minimum 08 years of continuous service from the date of
joining on the post of basic grade of Panchayat Elementary
Teacher or from the date of acquiring the training qualification,
whichever is later.

(b) Graduate in the specified subject from recognized university.

The-deqree of 'Alim' and the degree of 'Shashtri' granted from
the Maulana Mazharul Haque Arabic & Persian University,
Patna/Bihar State Madarsa Education Board and Kameshwar
Singh Darbhanga Sanskrit University respectively shall be
treated as equivalent to the graduation.

(c) Qualified in Assessment(Efficiency Test)/Teacher Eligibility

Test.

(d) As directed Cleanliness Certificate of three years prior to the

year of promotion.

But, these posts may be filled on the basis of direct appointment,

in case of non-availability of teacher eligible for promotion. The
Administrative Department will issue necessary guidelines in this
regard on the basis of the information from the concerned
Recruitment unit or its opinion.

(3) All posts of Head Master in Panchayat Elementary

Teacher Cadre in Middle School shall be filled by
promotion, for which following qualification shall be
essential:-

(i) Minimum 05 years of continuous service from the date of

joining on the post of graduate grade of Panchayat graduate
Cadre or from the date of acquiring the required training,
whichever is later.

(ii) Graduate with minimum 45% marks.

 9

(iii) Qualified in Assessment(Efficiency Test)/Teacher Eligibility

Test.

(iv) As directed, Cleanliness Certificate of three years prior to the _

year of promotion.

6. Appointment of Urdu Teachers/Sanskrit Teachers/Bangia

Teachers

(i) Candidates having degree of Maulvi/Alim conferred by Maulana

Mazharul Haque Arabic & Persian University, Patna/Blhar State
Madarsa Education Board or having qualification of
intermediate/graduate degree from recognized Board/University in
Urdu (minimum of 50 marks -in intermediate) and having quallflcation
of teacher training as laid down in Rule 5, shall be appointment on
Urdu teacher posts in Primary and Middle Schools.

(ll) Candidates having degree of Up Shashtri/Shashtri conferred by

Kameshwar Singh Darbhanga Sanskrit University or having
qualification of graduate degree from recognized Board/University in
Sanskrit and .having qualification of teacher training as laid down in
Rule 5, shall be appointed on Sanskrit teacher posts.

(iii) Candidates having qualification of intermediate level in Bangia

language or having qualification of graduate degree from recognized
Board/University in Bangia and having qualification of teacher training
as laid down in Rule 5, shall be appointed on Bangia teacher posts.
7. Reservation:-

(i) The appointment of Panchayat Elementary Teacher shall be

made according to reservation roaster prepared in each subject at the
district level under the reservation rules as notified by the General
Administration Department, Bihar Government. The appointment of
Instructors shall also be made in this manner. Similarly, the rules of
reservation as made applicable by the General Administration
Department in the promotion under the State Government shall be
applicable in the promotion under Panchayat Samiti.
 10

8. Appointment of Women and persons with disabilities

(i) Minimum 500/0 women shall be appointed in each subject on the

posts (including instructor) where direct appointment is to be made.

(ii) The determination of Horizontal reservation for persons with

disabilities as per the Rules/notifications/resolutions of the Bihar
Government in the General Administration Department, shall be
applicable for persons with disabilities in appointment in each subject
on the posts (including instructor) of Elementary Panchayat Teacher.
- . 9-:- Age:-

The minimum age for appointment shall be 18 years on 1st of August

of the recruitment year for appointment on the post of basic grade
teacher and 21 years for appointment on the post of graduate grade
teacher and the maximum age for each category shall be the same as
notified by the State Government (General Administration
Department) from time to time. The minimum age for the post of
Instructor shall be 21 years and the maximum age for each category
shall be the same as notified by the State Government (General
Administration Department) from time to time.
10. Procedure of ApDointment:-

(i) Applications shall be filed by citizen of India and a resident of Bihar

State.

(ii) The Administrative Department shall communicate the number of

posts for appointment on the post of Block Teachers and Panchayat
Elementary Teachers (including Instructors) to the concerned
recruitment units through the respective districts.

(iii) As per the schedule fixed by the Administrative Department

Information of subject wise, category wise vacant posts of Block
Teacher, Instructors and Panchayat Elementary Teachers for
appointment (including details of all conditions related with
appointment) shall be advertised in the whole Block/Panchayat,
through the member secretary of the concerned Block Recruitment
Committee/Panchayat Recruitment Committee. A copy of the
 11

information shall be displayed on the notice board of the office of the

District Education Officer and it shall be published on the website of
the NIC of the concerned district. Minimum 30 days' time shall be
granted for submission of application form.

(iv) The eligible candidate shall submit the application in prescribed

form, (as directed), in the office of the member secretary of the
recruitment committee either through hand to hand, speed post or
registered post.

(v) The direct appofntrnsnt of Elementary Panchayat Teacher shall be

made on the basis of merit list. Merit list shall be prepared subject
wise, whose yaJidity shall be one year from the date-of publication of
final merit list.

(vi) Preparation of Merit List:-

The merit list at the Block level shall be prepared jotntty by the
Member Secretary-cum-Executive Officer of the Block Recruitment
Committee and Block Education Officer, but main responsibility shall
.Iies on the Member Secretary of the Recruitment Committee. Similarly,
the responsibility of preparation of merit list at the gram panchayat
level shall lie on the member secretary of the Panchayat Recruitment
Committee and nominated teacher of High School in the recruitment
committee. The Member Secretary of the Recruitment Committee shall
fix the date and place for preparation of the merit list and shaittake
necessary help from other members. Each page of the merit list shall
be Signed by each of the aforesaid two members.

(a) Merit list for appointment on the basic grade of Panchayat

Elementary Teacher (Panchayat and Block Teacher)

(i) Percentage of Marks obtained in Matriculation

examination.

Plus

(ii) Percentage of Marks obtained in Intermediate

examination.

Plus
 12

(iii) Percentage of rvlarks obtained in Training

Examination.

Dividing the addition of above three by three will give the

Merit paint of a candidate. The widow of former servicemen shall be
given additional weightage of 10 marks in the merit point.

In case of obtaining similar merit point, the name of the

candidate whose date of birth falls earlier shall be placed above in the
merit list. In case of similar merit paint and date of births, the place
shall be decided on the basis of name of the candidate as per English
dictionary, i.e. the name of the candidate falls earlier, as per English
dictionary, shall be placed above, in the merit list. In case of similarity
in this too, the place in the merit list shall be determined on the basis
of draw of lots.

(b) Merit list for appointment on the graduate grade of

Panchayat Elementary Teacher

(i) Percentage of Marks obtained in all subjects studied

at Graduation level.

Plus

(ii) Percentage of Marks obtained in Training

Examination.

Dividing the addition of above two by two will give the Merit
point of a candidate. The 'widow of former servicemen shall be given
additional weightage of 10 marks in the merit paint.

In case of obtaining similar merit point, the name of the

candidate whose date of birth falls earlier shall be placed above in the
merit list. In case of similar merit paint and date of births, the place
shall be decided on the basis of name of the candidate as per English
dictionary, i.e. the name of the candidate falls earlier, as per English
dictionary, shall be place above in the merit list. In case of similarity in
this too, the place in the merit list shall be determined on the basis of
draw of lots.
 13

Note:- The marks shall be calculated after leaving the marks obtained
in extra and optional subjects. But where the optional subject is in the
form of essential subject, then the same sh?" be calculated. The marks
obtained in all the subjects (except extra and optional) studied at the
Graduation level, shall be added to get the total marks. Those
candidates possessing the degree of graduation with honors/equivalent
qualification, the total marks shall be obtained after addition the marks
in Subsidiary subjects and honors/equivalent qualification.

(viij-'-Constitution of Block Recruitment Committee and

Panchayat Recruitment Committee

(a) Block Recruitment Committee ..

Block Recruitment Committee at the block level shall be constituted in

following manner for approval of the merit list for appointment on the
post of Block Teacher category in grade of Panchayat Elementary
Teacher and Instructor and for appointment of the selected
candidates:-

(1) Pramukh of Panchayat Samiti Chairman

(2) One member selected by the Education Member

Committee of the Panchayat Samiti (if
Pramukh is male, then the selected
member shall be female) '.

(3) A block level officer belonging to the Member

Schedule caste/Schedule Tribe category

(4) Block Education Officer Member

(5) Executive Officer, Panchayat Samiti Member

Secretary

Member mentioned at serial no. (3) shall be nominated by the

District Panchayat Raj Officer.
 14
•

Note:- In case the post of Pramukh is vacant, then the Up

Pramukh shall chair the Committee.

(b) Panchayat Recruitment Committee

Panchayat Recruitment Committee at the Panchayat level shall be

constituted in following manner for approval of the merit list for
appointment on the post of Panchayat Teacher category in grade of
Panchayat Elementary Teacher and for appointment of the selected
candidates: -

(1) Mukhiya of the Gram Panchayat Chairman

(2) One member selected by the Education Member

Committee of the Gram Panchayat (if
Mukhiya is male, then the selected member
shall be female)

(3) Such member of the Panchayat Samiti, Member

major part of his area falls in the said
Panchayat

(4) One Teacher of Secondary/Senior Member

Secondary School situated in the panchayat
or nearest to the panchayat, nominated by
the District Education Officer
"

(5) Secretary of the Gram Panchayat Member

Secretary

(If Schedules Caste/Scheduled Tribe are not there in the

aforesaid committee, then the District Education Officer, as far
as possible, nominate a teacher belonging to Scheduled
caste/Scheduled Tribe category, to be a member.)

Note:- In case the post of Mukhiya is vacant, then the Up

Mukhiya shall chair the Committee.

(c) Approval of the Merit List

 15

(i) The member secretary of the Recruitment Committee shall

place the merit list in the meeting of the Committee for approval.

(Il) The merit list shall be made public after it approval. Fifteen
days' time shall be allowed for lodging of any objections. After
the rectification of the received objections, the merit list shall be
finalized. The recruitment unit shall prepare the selection list of
candidates, in which maximum five times of the category wise
vacancy may be included, after considering the final merit list
and roaster point. The copy of final merit list along with selection
list shall be forwarded to the office of the District Education
Officer. The District..Education Officer shall verify the selection
list and accordingly returned it back to the recruitment unit. The
final merit and selection list shall be made public by the
recruitment unit.
(d) Appointment Letter
(i) The appointment letter (with the photograph of the
candidate) of selected candidate shall be issued under the
signature of member secretary of the Committee in accordance
with the number of vacancies earmarked to the recruitment unit.
Thirty days time shall be granted for joining, which shall be
mentioned in the appointment letter. The Head Teacher/Head
Master of the school shall accept the joining only after
verification of the appointment letter from the recruitment unit.

(ii) Appointment letter shall be issued against the posts which

remained vacant in accordance with number of vacancies and on
the basis of selection list, after 30 (thirty) days. Again,
Appointment letter shall be issued against the posts which
remained vacant in accordance with number of vacancies and on
the basis of selection list, after 30 (thirty) days. In this way,
after three transactions, the process of appointment shall
conclude in general. But the concerned recruitment unit may
extend the said transaction after getting approval from the
administrative department.
 16

(iii) . It would be necessary to submit the health certificate

issued by the Civil Surgeon-cum-Chief Medical Officer and
Character/antecedent Certificate from the competent Police
Officer of the concerned district at the time of joining by a
candidate.

(iv) The member secretary of the Committee shall make

available attested photocopy of all relevant records/documents
related with the appointment and qualification to the concerned
Block Education Officer/Deputy Inspector of School.

(v) The administrative department shall make changes in the

aforesaid selection process by preparing a web portal (software),
in order to make the selection process more congenial to the
candidates, without interfering into the autonomy of the
selection committee.

11. Appointment of Instructor for Physical Education, Art and Work

subject:-

Physlcal Education and Health Instructor, Art (Muslc and Fine Art)
Instructor and Work Instructor shall be appointed in Middle Schools.
Qualification:

(i) Instructor: Physical Education and Health

(a) Higher Secondary (Class-XII or its equivalent) with

minimum 500/0 marks from any recognized Board.

Or

Those candidates who has passed the Higher Secondary

Examination (+2) or its equivalent and participated in
sports/games at least at the level of School/College/District in
accordance with the National Council for Teacher Education
(Recognition Norms and Procedure) Regulations, 2007 notified on
10.12.2007.
Or

Higher Secondary (Class-XII or its equivalent) with minimum 50%

marks from any recognized Board in accordance with the National
 17

Council for Teacher Education (Form of application for recognizing,

the time limit of submission of application, determination of norms
and standards for recognition of teacher education programmes
and permission to start new course for training) Regulations, 2002
notified on 13.11.2002.
and

Certificate/Diploma (or its equivalent) of at least two year duration

in Physical Education from any National Council for Teacher
Education recognized institution.

(ii) Instructor: Fine Art and Music

(a) Passed in Secondary examination from any recognized
Board.
(b) Graduate degree/Graduate in Music/Diploma or its
equivalent qualification in the regular course in Fine Arts from any
recognized University.

(iii) Instructor: Work Experience

(a) Passed in Secondary examination from any recognized
Board.
(b) Certificate/Diploma of minimum 1 (One) year from
NCVT/CTVT or any institution recognized by the Bihar Government.

Selection of Instructor:- It would be essential to pass Instructor

Eligibility Test for appointment on the post of Instructor. The
Administrative Department shall issue guide lines with respect to their
procedure of appointment separately.

12. Appointment on the basis of compassionate ground

An eligible dependent of teacher/head master working from earlier in

the district cadre at Primary/Middle schools, teacher appointed under
the jurisdiction of the recruitment unit of the Gram Panchayat/
Panchayat samiti and teacher/head master appointed/promoted under
these Rules, may be appointed against the available vacancy of basic
grade of Panchayat Elementary Teacher grade under concerned gram
panchayat or Panchayat Samait, on compassionate ground. For this
 18

the concerned dependent shall have to furnish their consent. The

appointment on compassionate ground shall be made by the
recruitment Committee as per the provisions issued by the General
Administration Department related with compassionate appointment.
Apart from this, the Administrative Department may issue resolution in.
connection with appointment on compassionate ground. The
dependent of the Instructors shall not get the benefit of appointment
under compassionate ground.

13. Verification of Certificates

It would be the responsibility of the member secretary of the

recruitment unit to do the necessary verification .of_tbe certificate of
qualification along with other certificates. On finding the certificates
forged or fake, the member secretary of the recruitment unit after
getting the approval from the appointing authority shall take legal
action after terminating the appointment of the concerned and would
take steps for recovery of the payment made under the head of salary
etc. The member secretary of the recruitment unit shall be responsible
for verification of certificates in time. Otherwise, he may be held
responsible for illegal payment made to Teachers/Instructors on
fake/forged certificates.
14. Service Conditions

(i) The Head master, Teacher and Instructor may remain in service
up to 60 years of age.

(ii) The first two years of the service shall be of probation. During
this period, in case of not following the prescribed code of conduct, the
disciplinary authority may terminate the service after giving an
opportunity of only one show cause.

(iii) The State Government shall give grants-in-aid for payment of

salary etc. to the Head master, Teacher and Instructor till Gram
Panchayat and Panchayat Samiti became competent to pay the same.

(iv) The Head master and teacher shall be covered under EPF
scheme prospectively as embodied in 'Employees Provident Fund and
 19

Miscellaneous Provisions Act, 1952". The State Government shall make

the contribution on the monthly emoluments of Rs. 15000/-.
(v} The Head master and Teacher will be paid salary etc (with
increment), as fixed from time to time. Those teachers, who have not
qualified in the teacher eligibility test, shall be entitled for increment
only after being qualified in Assessment (Efficiency Test) under the
previous rules. Therefore, for yearly increment, it shall be necessary to
qualify teacher eligibility test or Assessment (Efficiency Test). The
allotment of Grants-in-aid for payment of salary etc. shall be made by
the Administrative Department after following the process for the
same. Similarly, Instructors will be entitled for payment of salary and
increment as determined from time to time.
(vi) The inter-se seniority of the teachers shall be determined by the
concerned member secretary of the recruitment unit as per the criteria
fixed by the Administration Department.

(vii) Continuity in Service

Working Teacher, in case of appointment on the higher post or higher
pay scale in his/her recruitment unit or other recruitment unit, shall
get the benefit of pay protection only, after granting the continuity of
his service. This benefit shall be applicable to teachers appointed after
notification of this rule. In this regard, the Administrative Department
will issue detailed guide lines separately.

15. Transfer:-
The posts of Head Master, Teacher and Instructor generally are not
transferrable, however for Headmasters and Teachers following
exceptions may apply:
(i) During the service period Head master and Teacher may avail
two optional transfers after completing three years of service within
the schools situated under the recruitment unit. There shall be
difference of five years in between the two optional transfers. The
transfer shall be made in his/her grade/cadre only. If more than one
application is received for one vacant post, then the member secretary
of the recruitment unit shall take steps for transfer on the basis of
 20

inter se seniority in which handicapped head master, teacher and

women head master, teacher shall be given priority respectively. The
approval of this action shall be given by the committee constituted for
the purpose of appointment.

(li) The Administrative Department may direct the recruitment unit

to absorb teachers in other school in compliance of the Right of
Children to Free and Compulsory Education Act, 2009 (as amended)
and provisions contained in corresponding notified rules. The member
secretary shall comply the direction within. fixed time frame after
getting the approval of the Chairman of the recruitment unit.

(iii) In the case of proved financial irregularities, moral turpitude or

other serious charges, the member secretary of the recruitment unit
shall transfer head master/teacher, for one time on administrative
ground in the interest of school and students. The approval of this
action shall be given by the Chairman of the committee constituted for
the purpose of appointment.

(iv) Handicapped Teacher and Woman Teacher may avail optional

transfer for one time only at schools situated in inter-recruitment unit,
including inter-district. Besides, male teachers may also avail mutual
inter-recruitment unit (including inter-district) transfer for one time
only. In this regard, the Administrative Department will issue detailed
guidelines keeping in mind the reservation category, seniority etc.
16. Promotion:-

(i) Merit list shall be prepared for promotion in the graduate grade
of Panchayat Elementary Teacher and on the post of Head Master. For
this the committee constituted for appointment at the level of
Panchayat Samiti shall be competent authority. The Administrative
Department will issue detailed guide line with respect to promotion,
separately.

(ii) Promotion on the next pay scale (Graduate grade) may be

granted on the basis of minimum 12 years of continuous satisfactory
service from the date of joining on the post of teacher in the basic
grade of elementary panchayat teacher cadre or from the date of
 21

acquiring of the required training qualification, whichever is later. For

this, passing of Assessment(Efficiency Test)/Teacher Eligibility Test
shall be essential. The grade of the teacher after promotion will remain
as before.

17. Code of Conduct:-

(i) Completion of the syllabus as prescribed in easy and accessible
manner by the Teacher.
(ii) Attend school on time and conduct the class as per _~~~
prescribed routine.
(iii) Not to mentally and physically harass children by ensuring
protection of child rights.
(iv) Not to be involved in private business either directly or
indirectly.
(v) Not to take any type of intoxication.
(vi) Play an active role in eradicating social evils like child marriage
and dowry.
(vii) To follow instructions/directions given from time to time by the
Vidyalaya Shiksha Samiti, Appointing Authority, District Magistrate and
district level officers of Education Department.
(viii) To follow the directions for teacher as prescribed in the Right of
Children to Free and Compulsory Education Act, 2009 (as amended)
and the Bihar State Free and Compulsory Education of Children Rules,
2011 (as amended).
(ix) Neither a member of a political party or such organizations who
take part in politics nor associated with such organization.

18. Disciplinary Actions:-

The disciplinary authority shall be competent to initiate disciplinary
action against teacher, Head Master and Instructor with respect to not
having allegiance with the duty, not following the laid down code of
conduct and working against the interest of the student/ interest of the
school.
 22

The member secretary of the recruitment unit, with the approval

of the Chairman, may suspend them in the case where the concerned
is jailed or found prima facie involved in misappropriation of
government money/unauthorized absence/disregard the order of
senior officers. In the case of suspension or initiation of departmental
proceeding, enquiry shall be made by the enquiry officer after framing
of charges.

(i) The following penalties may, for good and sufficient

reason, be imposed on the coocemedr-

(a) Minor Penalties:- (i) Censure;

(ii) withholding of increment ... (Non-

cumulative/cumulative)
(b) Major Penalties:- (i) withholding of promotion

(ii) reduction in lower post

(iii) reduction in lower scale of pay

(iv) removal from service which shall not

be a disqualification for future
appointment/selection.
(Il) It would be necessary to issue a show cause to the concerned
before imposing minor punishment by the member secretary of the
recruitment unit. Before imposing minor punishment, it must be
approved by the Chairman of the appointment committee. Before
imposing major punishment, the member secretary of the recruitment
unit must give at least two opportunities to the concerned for
submitting show cause reply. Before imposing major punishment, the
same must be approved by the disciplinary authority.

(iii) During suspension, the concerned is entitled to receive a

subsistence allowance an amount equal to the 50% of the basic pay.

(iv) The order of punishment shall be issued under the Signature of

the member secretary of the concerned recruitment unit. The order
shall contain the details of facts which caused imposition of such
punishment to the concerned.
 23

(v) A show cause will be asked from the Head master, teacher and
instructor when they are found absent from duty unauthorisedly during
inspection made by the district administration or officers of the
Education Department. In case of clarification found to be
unsatisfactory, an order of cut in salary for the absence period may be
issued from the concerned head master, teacher or instructor on the
principal of 'no work no pay'.

19. Maintenance of Service Book:-

The Administrative Department will issue detailed guidelines with

respect to maintenance of service book of teacher, head master and
instructor.
20. Leave:-

(1) Teachers and Head master appointed under these Rules, shall be
eligible for the following leave:-

(i) Casual Leave:- Casual leave upto 16 (Sixteen) days during

the calendar year. This leave (along with other leave) cannot be
granted for more than 10 days at a time.

(ii) Special Leave:- Special leave upto two days in each month to
women teachers. The women Head master shall also be entitled
for this leave.

(iii) Maternity Leave:- Women teachers shall be entitled to

Maternity leave upto 180 days. The benefit of maternity leave
shall be restricted with first two children. The women Head
master shall also be entitled for this leave.

(iv) Paternity Leave:- Male teachers shall be entitled to Paternity

leave upto 15 days. The benefit of paternity leave shall be
restricted with first two children. The male Head master shall
also be entitled for this leave.

(v) Medical Leave:- Medical leave upto 20 (twenty) days during

the calendar year on the basis of the medical certificate. It will
be accumulated up to maximum 120 days, during the whole
service period. Out of which 90 days of medical leave may be
 24

availed at a time during any calendar year. It can be prefixed or

suffixed with casual leave.
(vi) Earned Leave:- Earned leave upto 11 days during the
calendar year, after serving first two years in the service, which
will be accumulated upto maximum 120 days. Accumulated
earned leave of more than 120 days expired automatically. The
Head master is also entitled for this leave.
(vii) Study Leave:- Maximum three years of study leave without
salary is permissible to teachers. The period of this leave will not
be treated as breakage in service.
This leave is permissible only after
completing of minimum three years of service from the date of
joining. Besides, after availing study leave, the concerned
teachers shall have to work for a fixed period. In this regard, the
Administrative Department will issue a detailed guide lines
separately.
(viii) Extraordinary Leave:- Apart from the aforesaid leaves,
extraordinary leave without pay upto 30 days during the
calendar year is permissible for any reason. This leave shall not
be treated as breakage in service, thereafter the period of
absence shall be treated as breakage in service. The service
shall be terminated after absence of maximum five years. For
this the concerned shall be given an opportunity by issuing a
show cause and the process of termination from service shall be
conducted by the committee constituted under Rule-10(vii) (a)
(b).
(2) Grant of Leave:-
All the aforesaid leave except Casual Leave and Special Leave
shall be granted by the member secretary of the concerned
recruitment unit, with the approval of the Chairman, on the
recommendation made by the concerned head master/in charge
head master. The casual leave and special leave shall be granted
by the head master/ in charge headmaster of the concerned
 25

school. The casual leave and special leave of head master/in

charge head master of this cadre shall be granted by the
Chairman of the Vidyalaya Shiksha Samiti of the concerned
school. The leave account of the teacher/instructor shall also be
maintained properly along with their service book.

(3) Leave for Instructor

The instructors appointed under these Rules, whose post is of
part time, will be entitled for Casual leave, Special leave, Medical
leave, Maternity leave and Paternity Leave. The procedure for
grant of leave will be the same as has been determined for
teachers.
21. Action against Recruitment Unit
(i) In case where the recruitment unit failed to appoint
teacher/instructor as per the prescribed selection procedure without
any valid and sufficient reason, it will be considered as violation of its
constitutional obligation and for this the responsible officer and
concerned Body will be proceeded against under the suitable
provisions of Bihar Panchayat Raj Act, 2006.
(ii) If a complaint made against Head master, teacher or instructor at
the District Magistrate or District Education Officer level is found to be
true and a recommendation is made for initiation of disciplinary action
against them, then the disciplinary action should be conducted within a
maximum period of 60 days from the date of recommendation.
Otherwise, a recommendation for taking action against the concerned
appointment authority shall be made before the Panchayati Raj
Department, on which the concerned department shall take action
expeditiously.

22. Complain and Appeal:-

The 'District Appellate Authority' constituted at the District level shall
have the power to hear and adjudicate a complaint/appeal related with
appointment made under these rules and matters related with the
service condition of Head master/teacher/instructor working under
 26

these Rules. The 'State Appellate Authority' shall be competent to hear

appeal against the order passed by the District Appellate Authority.
23. Miscellaneous:-

(i) The Administrative Department shall explain any of the

provisions of these Rules and it may resolve difficulty that may arise in
enforcing it.

(ii) These Rules shall not affect the salary and service conditions of
the district cadre of teachers/Head Masters of Government,
Nationalized Primary and Middle Schools appointed under the
provisions of the previous Rules.

(iii) The State Government shall determine the equivalence c5f the
degree of specified subject and different qualification, for the purpose
of appointment of subject wise teachers.
24. Repeal & Saving:-

(i) From the date of promulgation of these Rules, the Bihar

Panchayat Primary Teacher (Appointment & Service Conditions) Rules
2012 and amended Rules 2014 and 2015, related with appointment of
teachers/instructors of Primary and Middle School situated in Rural
area , shall be deemed to be repealed. However, even after this
repeal, any work or any action that has been taken on the basis of the
Government Resolutions, instructions, directions and Rules enforced
'prior to the date of enforcement of these Rules, shall be treated as the
work or action that has been done under these Rules, as that have
been done under these Rules.

(ii) If any provision contained in the notifications, orders, circulars,

letters etc. issued for implementation of previous Rules, is not in tune
with the provisions of these Rules, shall be deemed to be amended as
per the provisions of these Rules.
By the order of the Governor of Bihar,
Sdj-

v CR. K. Mahajan)
Additional Chief Secretary
Education Department
 27

Number-7/Niyo.-12/2020...... Patna, date- .

Copy to forwarded:- Chief Secretary, Bihar/All Additional Chief
Secretary, Bihar/All Principal Secretary, Bihar/All Departmental Secretary,
Bihar /Accountant General, Bihar, Patna/AII Divisional Commissioners,
Bihar/All Directors, Education Department/ All Directors, Panchayati Raj
Department /P.S to Minister, Education Department/ P.S to Minister,
Panchayati Raj Department / All District Magistrates/All Regional Deputy
Director of Education/All Deputy Development Commissioners/All District
Education Officer/All District Programme Officer and All Programme Officer
(District Education Office)/AII District Panchayati Raj Officers/All Treasury
Officers/ All Sub Treasury Officers/All Chairman, Secretary & Members of
Recruitment Unit for information and necessary action.

Sd/-
Additional Chief Secretary
Education Department
Number-7/Niyo.-12/2020...... Patna, date- .
Copy to forwarded: - Superintendent Govt. Printing Press, E-G.aze.tte
cell, Finance Department, Bihar, Patna with a copy of t~e C.D. for publication
in an extra ordinary issue of the Bihar Gazette. He IS req.uested to m~ke
available 3000 copies of the gazette for official use to Pnmary Education
Directorate, Bihar.
Sd/-
Additional Chief Secretary
Education Department
Number-7 /Niyo.-12/2020 ..~ 0 q Patna, dat~- ...?:-.{:..Q.&~.~.?(f)
Co to forwarded:- LT. Manager, Education Depar~ment & LT.
Manager~ypanChayatiRaj Depart~ent, Bihar, Patna for uploading concerned
rules on their Departmental Website.
O-cf~
Additional Chief Secretary
Education Department