PUNJAB GOVT. GAZ. (EXTRA), MARCH 8, 2021

(PHGN 17, 1942 SAKA)

1312

( 1312 )

Regd. No. NW/CH-22

Regd. No. CHD/0092/2018-2020

EXTRAORDINARY

Published by Authority

CHANDIGARH, MONDAY, MARCH 8, 2021

(PHALGUNA 17, 1942 SAKA)

PUNJAB VIDHAN SABHA SECRETARIAT

NOTIFICATION

The 8th March, 2021

No. 13-PLA-2021/15.-The Punjab Education (Posting of Teachers in

Disadvantageous Area) Bill, 2021 is hereby published for general information

under the proviso to rule 121 of the Rules of Procedure and Conduct of

Business in the Punjab Vidhan Sabha (Punjab Legislative Assembly):-

BILL NO. 13-PLA- 2021

THE PUNJAB EDUCATION (POSTING OF TEACHERS IN

DISADVANTAGEOUS AREA) BILL, 2021

BILL

to provide for regulation to ensure availability of Teachers in educationally

Disadvantageous Area and to ensure equitable demand based distribution of

Teachers and other vocational staff across the State so as to ensure the equitable

distribution of human resources in an optimal manner to protect academic

interest of students and maximize job satisfaction amongst employees in a fair

and transparent manner and for the matters connected therewith or incidental

thereto.

PUNJAB GOVT. GAZ. (EXTRA), MARCH 8, 2021

(PHGN 17, 1942 SAKA)

1313

BE it enacted by the Legislature of the State of Punjab in the Seventy-

second Year of the Republic of India, as follows:-

(1)

This Act may be called the Punjab Education (Posting of Teachers

in Disadvantageous Area) Act, 2021.

(2)

It shall come into force on and with effect from the date of its

publication in the Official Gazette.

In this Act, unless the context otherwise requires,-

(a)

“actual vacancy” means a post not occupied by any Teacher, a

post which shall become vacant due to retirement, promotion,

voluntary retirement as per Pupil Teacher Ratio or otherwise as on

the date of publication of vacancies by the Department provided

that the posts occupied by the contractual employees shall not be

considered as vacant;

(b)

“Appointing Authority” means the authority who is competent to

make appointments in each cadre of Teachers;

(c)

“Competent Authority” means the Administrative Secretary of the

Department of School Education;

(d)

“Department” means the Department of School Education;

(e)

“Disadvantageous Area” means all schools situated in the border

districts i.e. Amritsar, Gurdaspur, Ferozepur, Fazilka, Pathankot and

Tarn Taran and the educational blocks, where twenty per cent or

more posts of Teachers remained during recruitment year;

(f)

“Government” means the Government of Punjab in the Department

of School Education;

(g)

“initial appointment” means an appointment of person by way of

direct recruitment to the post of Teacher;

(h)

'recruitment year' means a calendar year in which the process of

recruitment of Teachers is initiated;

(i)

“School” means any Government run Primary including Pre-primary

section, Middle, High and Senior Secondary School or any training

institution situated in the State;

Short title and

Commencement.

Definitions.

PUNJAB GOVT. GAZ. (EXTRA), MARCH 8, 2021

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(j)

“State’ means the State of Punjab;

(k)

“Teacher” means a person holding the post of Pre-primary School

Teacher, Elementary Trained Teacher (ETT), Head Teacher (HT),

Centre Head Teacher (CHT), Master or Mistress of different

subjects, Sikhiya Provider or Education Providers or Education

Volunteers, Education Guarantee Scheme (EGS) Volunteers,

Alternative and Innovative Education (AIE) Volunteers and Special

Training Resource (STR) Volunteers, Lecturer of various subjects

and Vocational Lecturer and Vocational Master or Mistress; and

(l)

“transfer” means a transfer of a Teacher made by the appointing

authority from one place to another place.

This Act shall be applicable to all initial appointments of Teachers.

The State Government shall review the Disadvantageous Area every

year and may include or exclude any educational block from time to time

depending upon the availability of vacancy position in such educational block

based on computerized data kept by the Department.

The State Government shall notify the list of Disadvantageous Area by

31st January of every calendar year.

(1)

No request of such appointees for their transfer during the course

of their probation period shall be entertained except in case of widows or

physically disabled persons and chronic diseases as defined in the Teachers

Transfer Policy framed by the Department as amended from time to time.

(2)

Such appointees shall become eligible for making application for

their transfer against vacant posts only upon completion of the probation period

in case there are no posts in the Disadvantageous Area:

Provided that in case, the requisite number of vacancies falling in

Disadvantageous Area is less than that of the available candidates for being

appointed, then in such eventuality, equal number of candidates to the extent of

shortage of vacancies in Disadvantageous Area, shall be offered appointment

in area other than the Disadvantageous Area based on their merit position so

as to curtail discomfort of meritorious candidates.

Applicability of

the Act.

Review of

Disadvanta-

geous Area.

Date of

notification of

list of

Disadvanta-

geous Area.

Prohibition of

request for

transfer

during

probation

period.

PUNJAB GOVT. GAZ. (EXTRA), MARCH 8, 2021

(PHGN 17, 1942 SAKA)

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The State Government shall follow the following method for calculating

the vacancy, namely :-

(i)

the total number of posts sanctioned in every block shall be multiplied

by three hundred and sixty-five days;

(ii)

the number of teaching days shall be calculated by multiplying the

number of Teachers who remained posted in a block and for the

actual number of days during which the Teacher remain posted;

and

(iii)

the percentage of vacancies shall be determined by dividing the

number of days calculated in clause (ii) during which these posts

remained vacant in a block divided by the total number of teaching

days available in a block as calculated in clause (i).

If any difficulty arises in giving effect to the provisions of this Act, the

Government may, by order published in the Official Gazette, make such

provisions not inconsistent with the provisions of this Act, as it deems to be

necessary or expedient for removing the difficulty.

Method of

calculation of

vacancies.

Power to

remove

difficulties.

PUNJAB GOVT. GAZ. (EXTRA), MARCH 8, 2021

(PHGN 17, 1942 SAKA)

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STATEMENT OF OBJECTS AND REASONS

1.0

It is considered necessary to regulate posting of teachers upon their

initial recruitment in order to ensure availability of teachers in educationally

Disadvantageous Area and to ensure equitable demand based distribution of

teachers across the state. Introducing transparency and inclusivity by regulation

of posting of teachers upon their initial recruitment will help protect the academic

interest of students and to improve job satisfaction amongst employees. Hence,

the proposed Bill for enactment of the aforesaid proposed Act.

2.0

The following considerations constitute the rationale for this Act:

(i)

To ensure the availability of teachers in the Disadvantageous

Areawhere usually posts of teachers remain vacant.

(ii)

Objective criteria for implementation of posting of teachers

upon their initial recruitment.

3.0

The main features of the proposed Act are as follows:-

(i)

The proposed Act shall be applicable to initial appointments of

the teachers made by the Department.

(ii)

Every teacher shall be posted initially in the Disadvantageous

Areaonly till such teacher completes the probation period.

(iii)

Disadvantageous Area include all the border districts of the

State i.e. Amritsar, Gurdaspur, Ferozepur, Fazilka, Pathankot

and Tarn Taran and the educational blocks, where 20% or

more posts of the teachers remained vacant during recruitment

year.

(iv)

The State Government shall notify the list of Disadvantageous

Areaby 31st January of every calendar year.

(v)

The transfer of teachers from the Disadvantageous Area shall

be made as per the Teacher Transfer Policy of the Department

already approved by the Council of Ministers subject to

amendments made in the Policy from time to time.

4.0

The Department invariably recruits teachers almost every year. The new

PUNJAB GOVT. GAZ. (EXTRA), MARCH 8, 2021

(PHGN 17, 1942 SAKA)

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2244/03-2021/Pb. Govt. Press, S.A.S. Nagar

teachers recruited are required to remain on a probation for a period of three

years, which is extendable to four years, and such teachers need to be posted

in Disadvantageous Area having shortage of teaches. As and when new

recruitment happen, the teachers recruited earlier may be given an option to

get themselves transferred and new teachers may go in these places. If

implemented, such a mechanism would provide sustainability and availability

of teachers in such schools which had been facing shortage of teachers in the

past. Accordingly, a Bill to enact the Punjab Education (Posting of Teachers in

Disadvantageous Area) Act, 2021 is being introduced in this Hon'ble House.

VIJAY INDER SINGLA,

Minister for School Education, Punjab.

_____________

CHANDIGARH

SHASHI LAKHANPAL MISHRA,

THE 8^TH MARCH, 2021

SECRETARY.