West Bengal Primary Teachers Leave Rules, 1999
Government of West Bengal
School Education Department

No. 453-SE(Pry), dated 04.05.1999

NOTIFICATION

In exercise of the power conferred by Sub-section (1) of section 106 of the West Bengal Primary Education Act, 1973, (West Bengal Act XLIII of 1973) Governor is pleased hereby to make the following rules:-

RULES

1. Short Title
These rules may be called the West Bengal Primary Education (Leave of Teacher of Primary Schools) Rules, 1999 and shall come into force with effect from the date of notification.
2. Extent of Application
These rules are applicable to all the teachers of the Non-Government Primary Schools under the administrative

7. Suspension
(1) A Primary School Council may place a teacher under suspension –
(a) Where an inquiry under sub-rule(1) of rule 9 of these rules against him is contemplated by the Primary School Council or such an inquiry is pending, or
(b) Where a case of any criminal offense involving moral turpitude against the teacher is under investigation or trial.
(2) Where a teacher is detained in custody for a period of exceeding 48 hours on a criminal charge or otherwise, he shall be deemed to have been suspended by an order of the appointing authority with effect from the date of his detention and shall remain under suspension until further orders. A teacher who is undergoing a sentence of imprisonment shall also be dealt with in the same manner, pending a decision as to the disciplinary action to be taken against the teacher.
(3) Every order of suspension under sub-rule (1) shall be communicated to the Director of School Education, Government of West Bengal, and the Board.

9. Procedure for imposing penalties
No order imposing any of the aforesaid penalties shall be made without proper enquiry by an enquiring authority to be to be appointed by the disciplinary authority.
(2) No order imposing any of the penalties provided in these rules shall be made without serving a “show-cause notice” to the teacher and giving him an opportunity of being heard.
(3) Upon completion of the enquiry to be made by an enquiring authority appointed by the disciplinary authority, a report shall be prepared containing the following documents;-
(a) The articles of charge in the form as may be prescribed by the State Government and the statement of imputations of misconduct or misbehavior,
(b) The defense of the teacher, if any, in respect of each article of charge,
(c) An assessment of the evidence in respect of each article of charge, and
(d) The finding of the enquiring authority on each article of charge and reasons thereof.
(4) A report on the findings of the enquiring authority shall be submitted to the disciplinary authority.

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