Service Rules
The Government of Maharashtra hereby prescribes Uniform Statutes Governing the Terms and Conditions of Service of the Teachers Working in the Conducted Colleges.
Competent Authority to Sanction Leave
Subject to the overall control of the Appointing Authority, the following shall be the Competent Authority to sanction leave under these rules:
No. | Category | Kind of Leave | Competent Authority |
(1) | Principal | All kinds of leave | Chairman of the
Management |
(2) | Teachers | All kinds of leave | Principal |
Provided that, the Competent Authority may further delegate to other subordinate officer, the power to sanction particular kind of leave.
Kinds of Leave
All kinds of leaves may be counted from the commencement of the academic year till the end of it as declared by the competent authority from time to time.
The following kinds of leave would be admissible to permanent teachers-
(i) Leave treated as duty, viz. Casual leave, Special casual leave and Duty leave; (Note: These leaves under the clause (i) would be granted to teachers on probation, and temporary teachers, also.)
(ii) Leave earned by duty, viz. earned leave, Half Pay leave and commuted leave;
(iii) Leave not earned by duty, viz. extraordinary leave and Leave not due;
(iv) Leave for academic pursuits, viz. Study leave, Sabbatical leave and
Academic leave
(v) Leave on ground on health, viz. Maternity leave, Quarantine leave
The Management may, in exceptional cases, grant for the reasons to be recorded, other kinds of leave, subject to such terms and conditions as it may deem fit.
Casual Leave
(i) Total casual leave granted to a teacher shall not exceed twelve days in an academic year.
(ii) Casual leave cannot be combined with any other kind of leave except special casual leave. It may be combined with holidays including Sundays. Holidays or Sundays falling within the period of casual leave shall not be counted as casual leave.
Special Casual Leave
(i) Special casual leave, not exceeding ten days in an academic year, may be granted to a teacher;
(a) To conduct examination of other university/Public Service Commission/board of examination or other similar bodies/institutions; and
(b) To inspect academic institutions attached to a statutory board, etc.
(i) In computing the ten days’ leave admissible, the days of actual journey, if any, to and from the places where activities specified above, take place, will be excluded.
(ii) In addition, special casual leave to the extent mentioned below may also be granted;
(a) To undergo sterilization operation (vasectomy or salpingectomy) under family welfare programme. Leave in this case will be restricted to six working days; and
(b) To a female teacher who undergoes non puerperal sterilization, Leave in this case will be restricted to fourteen days.
(iii) Special casual leave cannot be accumulated, nor can it be combined with any other kind of leave except casual leave. It may be granted in combination with holidays or vacation.
Duty Leave
(i) Duty leaves not exceeding fifteen days, excluding days of travel, week-ends and public holidays, in an academic year may be granted for attending
Conferences, congresses, symposia, workshops and seminars organized in
India and abroad with the permission of the competent authority;
(ii) The duration of leave should be such as may be considered necessary by the sanctioning authority on each occasion;
(iii) The leave may be granted on full pay.
(iv) Duty leave may be combined with earned leave, half pay leave or extraordinary leave.
On Duty
If a teacher performs any other duty assigned/approved by competent authority for the University, he/she shall be treated as on duty. In such case the period of his/her absence shall not be counted with the period of duty leaves.
The teacher shall be entitled to be ‘on duty’ for the following;
(a) To deliver lectures in colleges/institutions/organizations and universities on invitation.
(b) To attend meetings in the University Grants Commission, DST, AICTE, such other Apex bodies, MPSC, UPSC and Government agencies.
(c) To undertake task in another Indian or foreign university, any other agency, institution or organization when so deputed by the university;
(d) To participate a delegation or working on a committee appointed by the Government of India, State Government, the University Grants Commission/other Apex bodies or any other academic body.
(e) To attend refresher courses, orientation programs, short term courses, faculty development programs organized by recognized colleges/institutions/University.
(f) To attend meetings/visits of various committees constituted by the parent
University and other University within the State.
(g) To attend all examination related duties of the parent University.
(h) To undertake field work related to academic development and research collaboration, sanctioned research project, survey work, study tours, industrial and educational excursions/visits.
(i) To attend election duties, if any, related to statutory bodies of
University.
(j) To attend and participate in students related University/ regional/ state/zonal/national/international level sports/cultural /research/ NSS/NCC activities/events approved by the competent authority.
(k) To attend activities like viva voce as a referee or external examiner at parent and other Universities.
Earned Leave
(i) Following earned leaves shall be admissible to teachers without encashment–
Note: For purpose of computation of period of actual service, all periods of leave except casual, special casual on duty and duty leave shall be excluded.
(ii) Earned leave at the credit of a teacher shall not accumulate beyond 300 days. The maximum earned leave that may be sanctioned at a time shall not exceed 60 days. Earned leave exceeding 60 days may, however, be sanctioned in the case of higher study, or training, or leave with medical certificate, or when the entire leave, or a portion thereof, is spent outside India.
Note 1: When a teacher combines vacation with earned leave, the period of vacation shall be reckoned as leave in calculating the maximum amount of leave on average pay which may be included in the particular period of leave.
Note 2: In case where only a portion of the leave is spent outside India, the grant of leave in excess of 120 days shall be subject to the condition that the portion of the leave spent in India shall not in the aggregate exceed 120 days.
(iii) Encashment of earned leave shall be allowed to non-vacation members of the teaching staff as applicable to the employees of State Government.
Leave on Half-Pay
(1) The teacher shall be entitled to leave on half pay to the extent of 20 days for every completed year of service. The leave so earned can be accumulated without limit during the entire service. The teacher shall not be entitled to leave on half pay during the first year of his service. The leave on half pay due may be granted to the teacher either on medical ground or for private reason. The leave requested on medical ground shall be supported by the certificate from the Registered Medical Practitioner.
Provided that, the period of suspension, if any, finally treated as suspension shall be excluded for counting completed years of service for this purpose.
(2) If the teacher is on leave on the day on which he completes a year of service, he shall be entitled to half pay leave without having to return to duty.
Note: A “completed year of service” means continuous service of specified duration under the university and includes periods of absence from duty as well as leave including extraordinary leave.
Commuted Leave
Commuted leave, not exceeding half the amount of half pay leave due, may be granted on the basis of medical certificate from a registered medical practitioner to a permanent teacher subject to the following conditions:
(i) Commuted leave during the entire service shall be limited to a maximum of
240 days;
(ii) When commuted leave is granted, twice the amount of such leave shall be debited against the half – pay leave due; and
(iii) The total duration of earned leave and commuted leave taken in conjunction shall not exceed 240 days at a time. Provided that no commuted leave shall be granted under these rules unless the competent authority to sanction leave has reason to believe that the teacher will return to duty on its expiry.
(iv) In addition, commuted leave may be granted to the extent mentioned below; (a) to undergo sterilization operation (vasectomy or salpingectomy) under
Family welfare programme. Leave in this case will be restricted to six
Working days;
(b) To a female teacher who undergoes non puerperal sterilization, Leave in this case will be restricted to fourteen days.
Extra-ordinary Leave
(i) A permanent teacher may be granted extraordinary leave if approved by
Competent Authority when;
(a) No other leave is admissible; or
(b) No other leave is admissible and the teacher applies in writing for the grant of extraordinary leave.
(ii) Extraordinary leave shall always be without pay and allowance.
Extraordinary leave shall not be counted for increment except in the following cases;
(a) Leave taken on the basis of medical certificates;
(b) Cases where the Head of the Department is satisfied that the leave was taken due to causes beyond the control of the teacher, such as inability to join or rejoin duty due to civil commotion or a natural, calamity, provided the teacher has no other kind of leave to his/her credit.
(c) Leave taken for pursuing higher studies; and
(d) Leave granted to accept an invitation to a teaching post or fellowship or research-cum-teaching post or on assignment for technical or academic work of importance, or on assignment in Research and Development Organization or Industrial Assignment in India and abroad or an assignment of Apex Academic Bodies, Academic Institutions, or All Statutory positions of any University or Institutions.
(iii) Extraordinary leave may be combined with any other leave except casual leave and special casual leave, provided that the total period of continuous absence from duty on leave (including periods of vacation when such vacation is taken in conjunction with leave) shall not exceed three years except in cases where leave is taken on medical certificate. The total period of absence from duty shall in no case exceed five years in the full working life of the individual. The period of absence from duty due to an assignment on Statutory/Government post shall not be limited to five years.
(iv)The authority empowered to grant leave may commute retrospectively periods of absence without leave into extraordinary leave.
In such cases all the privileges of the permanent employee shall be retained.
Leave Not Due
(i) Leave not due, at the discretion of the Principal, be granted to a permanent teacher for a period not exceeding 360 days during the entire period of service, out of which not more than 90 days at a time and 180 days in all may be otherwise than on medical certificate. Such leave shall be debited against the half-pay leave earned by him/her subsequently.
(ii) ‘Leave not due’ shall not be granted unless the Principal is satisfied that as far as can reasonably be foreseen, the teacher will return to duty on the expiry of the leave and earn the leave granted.
(iii) A teacher to whom ‘leave not due’ is granted shall not be permitted to tender his/her resignation from service so long as the debit balance in his/her leave account is not wiped off by active service, or he/she refunds the amount paid to him/her as pay and allowances for the period not so earned. In a case where retirement is unavoidable on account of reason of ill health, incapacitating the teacher for further service, refund of leave salary for the period of leave still to be earned may be waived by the Management Council.
Provided further that the Management Council may, in any other exceptional case waive, for reasons to be recorded, the refund of leave salary for the period of leave still to be earned.
Study Leave
(i) Study leave may be granted after a minimum of 5 years of continuous service, to pursue a special line of study or research directly related to his/her work in the college/university/research organization or to make a special study of the various aspects of university organization and methods of education.
The said period of study leave should be for 3 years, but 2 years may be given in the first instance, extendable by one more year, if there is adequate progress as reported by the Research Guide. Care should be taken that the number of teachers given study leave, does not exceed the stipulated percentage of teachers in any department.
Provided that the Governing Body may, in the special circumstances of a case, waive the condition of five year service being continuous.
Explanation: In computing the length of service, the time during which a person was on probation or engaged as a research assistant may be reckoned provided,
(a) The person is a teacher on the date of the application; and
(b) There is no break in service.
(ii) Study leave shall be granted by the Governing Body on the recommendation of the concerned Principal. The leave shall not be granted for more than three years in one spell, save in very exceptional cases in which the Governing Body is satisfied that such extension is unavoidable on academic grounds and necessary in the interest of the college.
(iii) Study leave shall not be granted to a teacher who is due to retire within five years of the date on which he/she is expected to return to duty after the expiry of study leave.
(iv) Study leave may be granted not more than twice during one’s career.
However, the maximum of study leave admissible during the entire service should not exceed three years.
(v) No teacher who has been granted study leave shall be permitted to alter substantially the course of study of the program of research without the permission of the Governing Body. When the course of study falls short of study leave sanctioned, the teacher shall resume duty on the conclusion of the course of study unless the previous approval of the Governing Body to treat the period of shortfall as ordinary leave has been obtained.
(vi) Subject to the provisions of sub-clauses (vii) and (viii) below, study leave may be granted on full pay up to two years extendable by one year at the discretion of the Governing Body.
(vii) The amount of scholarship, fellowship or other financial assistance that his/her being granted study leave, has been awarded will not preclude his/her being granted study leave with pay and allowances but the scholarship, etc., so received shall be taken into account in determining the pay and allowance on which the study leave may be granted. The Foreign scholarship/fellowship would be offset against pay only if the fellowship is above a specified amount, which is to be determined from time to time, based on the cost of living for a family in the country in which the study is to be undertaken. In the case of an Indian fellowship, which exceeds the salary of the teacher, the salary would be forfeited.
(viii) Subject to the maximum period of absence from duty on leave not exceeding three years, study leave may be combined with earned leave, half-pay leave, extraordinary leave or vacation,
Provided that the earned leave at the credit of the teacher shall be availed of at the discretion of the teacher. A teacher, who is selected to a higher post during study leave, will be placed in that position and get the higher scale only after joining the post.
(ix) A teacher granted study leave shall on his/her return and re-joining the service of the college may be eligible to the benefit of the annual increment (s) which he/she would have earned in the course of time if he/she had not proceeded on study leave. No teacher shall however, be eligible to receive arrears of increments.
(x) Study leave shall count as service for pension/contributory provident fund, provided the teacher joins the college on the expiry of his/her study leave.
(xi) Study leave granted to a teacher shall be deemed to be cancelled in case it is not availed of within 12 months of its sanction.
Provided that where study leave granted has been so cancelled, the teacher may apply again for such leave.
(xii) A teacher availing himself/herself of study leave shall undertake that he/she shall serve the affiliated college or recognized Institution for a continuous period of at least three years to be calculated from the date of his/her resuming duty after expiry of the study leave.
(xiii) After the leave has been sanctioned, the teacher shall, before availing himself/herself of the leave, execute a bond in favor of the college, binding himself/herself for the due fulfillment of the conditions laid down in sub-clause (xii) above and give security of immovable property to the satisfaction of the Governing Body or a fidelity bond of an insurance company or a guarantee by a scheduled bank or furnish security of two permanent teachers for the amount which might become refundable to the college in accordance with sub clause (xii) above.
(xiv) The teacher shall submit to the Principal, six monthly reports of progress in his/her studies from his/her supervisor or the Head of the Institution. This report shall reach the Principal within one month of the expiry of every six months of the study leave. If the report does not reach the Principal within the specified time, the payment of leave salary may be deferred till the receipt of such report.
(xv) The teacher shall not be eligible for study leave, for studies leading towards award of Degree or Diploma.
Provided that, if the teacher is awarded teacher fellowship by the University Grants Commission or any other funding agencies then, he shall be eligible for full-pay study leave as per the rules of the University Grants Commission or the funding agency, as the case may be.
Sabbatical Leave
(i) Permanent, full-time teachers, who have completed seven years of service as Assistant Professor/Associate Professor or Professor, may be granted sabbatical leave to undertake study or research or other academic pursuit solely for the object of increasing their proficiency and usefulness to the Department and higher education system.
(ii) The duration of leave shall not exceed one year at a time and two years in the entire career of a teacher.
(iii) A teacher, who has availed himself/herself of study leave, would not be entitled to the sabbatical leave.
(iv) A teacher shall, during the period of sabbatical leave, be paid full pay and allowances (subject to the prescribed conditions being fulfilled) at the rates applicable to him/her immediately prior to his/her proceeding on sabbatical leave.
(v) A teacher on sabbatical leave shall not take up during the period of that leave, any regular appointment under any organization in India or abroad. He/she may be allowed to accept a fellowship or a research scholarship or ad-hoc teaching and research assignment with honorarium or any other form of assistance, other than regular employment in an institution of advanced studies.
(vi) During the period of sabbatical leave, the teacher shall be allowed to draw the increment on the due date. The period of leave shall also count as a regular service for purposes of pension/contributory provident fund; provided that the teacher rejoins the university on the expiry of his/her leave.
Note – I The programmed to be followed during sabbatical leave shall be submitted to the Head of Department for approval along with the application for grant of leave.
Note – II On return from leave, the teacher shall report to the Head of Department the nature of studies, research or other work undertaken during the period of leave.
Maternity, Paternity and Adoption Leave
(A) (i) Maternity Leave with full pay may be granted to a woman teacher for a period not exceeding 240 days, to be availed of twice in the entire service. Maternity leave may also be granted in case of miscarriage including abortion, subject to the condition that the total leave granted in respect of this to a woman teacher in her service is not more than 45 days, and the application for leave is supported by a medical certificate.
(ii) Maternity leave may be combined with earned leave, half pay leave or extraordinary leave but any leave applied for in continuation of Maternity leave may be granted if the request is supported by a medical certificate.
(iii)Female teachers may be allowed to accumulate the casual leaves to the extent of sixty days for the purpose of her child as per Government Resolution made from time to time rearing activities.
(B) Paternity Leave:
Paternity leave of 15 days may be granted to male teachers during the confinement of their wives, provided, the limit is up to two children.
(C) Adoption Leave:
Adoption leave may be provided as per the rules of the State Government.
Special Medical Leave for Tuberculosis, AIDS, Cancer and Heart Surgery
The teacher shall be entitled to avail leave up to twelve months, if he/she is suffering from Tuberculosis, Leprosy, Cancer, Malignant diseases, AIDS, Heart Surgery or Brain ailment or such other diseases, which may be specified by the Competent Authority, from time to time and is undergoing treatment in a recognized Clinic or under a Specialist recognized by the Government, from time to time.
Provided that, such leave shall only be admissible to the teacher if he/she has no other leave to his/her credit.
Provided further that, the teacher who is suffering from Heart disease shall be entitled to a maximum of three months full-pay leave in addition to any other leave on medical/health ground shall be granted to the teacher, as per the rules made by Government from time to time.
Special Provisions for the Female Teachers
In addition to the other provisions of these Statutes, special provision(s) laid down by Central and State Government from time to time shall be applicable to the female teachers working in the College:
28 Code of Conduct for Teachers
(i) The teacher shall be available for the College/Recognized Institution full- time and shall serve in such capacity and at such place, as he/she may, from time to time, be so directed.
(ii) The teacher shall conform to and abide by the provisions of the Universities Act, Statutes, Ordinances, Regulations, and Rules and Directives and decisions of the Competent Authority. The teacher shall also observe, comply with and obey all orders and instructions which may, from time to time, be given to him/her by the Principal of the College/Recognized Institution,
(iii) The teacher shall at all time maintain absolute integrity, show devotion to his/her profession and shall do nothing which is unbecoming of a teacher and his/her profession.
(iv) The teacher shall extend utmost courtesy and attention to all persons with whom he/she has to deal in the sphere of his/her duties. He shall strive hard to promote and protect the interest of the College/Recognized Institution,
(v) The teacher shall not accept or permit any member of his/her family or any person acting on his/her behalf to accept any gift in cash or in kind for his/her own benefit from any person including another teacher or employee for a work to be done in connection with the business of the College/Recognized Institution.
Provided that, the collection of monthly subscription of membership at the prescribed rate collected by the office bearer of the Association, Union or the Club shall not amount to gift or realization of other contribution for this purpose.
(vi) The teacher shall not, without prior permission of the Competent Authority, remain absent himself from his/her duties. In the circumstances or reasons beyond his/her control, he/she shall intimate or cause to intimate to Competent Authority within five days from the first date of absence, failing which his/her absence may be treated as leave without pay, and he/she shall further be liable to such disciplinary action as the Competent Authority may deem fit.
However, that the Competent Authority shall condone this condition in respect of a teacher who for reasons beyond his/her control was unable to convey the cause of his/her absence.
(vii) The full-time teacher shall not engage himself in any trade, business coaching classes, tuition, imparting instructions leading to any certificate, diploma or degree course(s) or any other occupation which is not part of his/her duties as prescribed under these Statutes.
(viii) The teacher shall not write guides, notes, questions and answers, circulation, etc. for commercial benefit.
(ix) The teacher shall abide by The Code of Professional Ethics laid down by University Grants Commission/respective Apex Bodies from time to time.
29 Duties of the Teacher
a) The teacher shall devote his time and energy to develop and improve his academic and professional competence by availing of all opportunities to attend and participate in academic programmes, such as Seminars, Orientation Programmes, Refresher Courses, In-service Training Programmes, etc. The University Authority shall give the teacher every possible opportunity to do
b)The teacher shall perform his academic duties such as preparation of lectures, demonstrations, tutorials, assessment, research, guidance to research fellows, University examinations etc. and shall encourage pursuit of learning in the student
c) The teacher shall engage the classes regularly and punctually and impart such lessons and instructions as allotted by the Head from time to time, and shall not ordinarily remain absent from work without prior permission or grant of leave.
d) The teacher shall observe the provisions of the University Act, Statutes, Ordinances, Regulations and Rules in force and as modified, from time to time and abide by the decisions of the University and shall ensure the interest of the University. Such decisions, however, shall not be inconsistent with the provisions of the Act, Statutes, Ordinances, Regulations, etc.
e) In addition to the duties of teaching and allied activities, the teacher shall, when required, attend to extra-curricular, co-curricular activities organized by the University, and administrative and supervisory work and maintenance of records and Assessment Reports or any other duties befitting the status of a teacher assigned to him/her by the Hea
f) A teacher shall help the University authorities to enforce and maintain discipline and good habits among the student
g) A teacher shall assist the University in smooth conduct of the University Examination.
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