GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR, GUWAHATI-06. NO. ASE 101/2020/38 Dated, Dispur 23" June, 2021 OFFICE MEMORANDUM, Subject: THE ASSAM ELEMENTARY AND SECONDARY SCHOOL TEACHERS' REGULATION OF POSTING AND TRANSFER. Whereas, the Education Department, Government of Assam follows a very transparent prescribed method of recruitment of teachers in the Secondary and Elementary Education in accordance with the provisions of Acts and Rules in force and also gives open opportunities to all eligible candidates to participate and compete in the selection process including postings in their preferred Districts and in preferred schools based on their merit. Whereas despite appointment being given in a particular district or school as per eligible candidates own merit and choice, it is observed, that the teachers tend to apply for transfers, mostly just after getting an appointment, defeating the very purpose of transparent recruitment process and maintenance of PTR in a given school. ‘The Government in the Secondary Education Department, after careful consideration of all the aspects and in consultation with all relevant authorities, enacted The Assam Elementary and Secondary School Teachers’ (Regulation of Posting and Transfer) Act, 2020 and after receiving the assent of the Governor of Assam on 15* May, 2020 published the same in The Assam Gazette and notified with effect from 22“May, 2021, Based on the provisions of the Act, the following norms are hereby notified in respect of posting and transfer of Teaching Staff. The term teacher mentioned herein under includes all Teacher, Tutor, Contractual teacher etc. appointed by the department and SSA, (1). GROUNDS FOR SEEKING TRANSFER A Teacher / Tutor may seek transfer only on the following grounds:- (a) Fora change of residence due to marriage; (b) For looking after elderly and ailing parents; (©) For safety and security of female Teachers; (@) For treatment of the Teacher and/or their dependents; (e) For the reasons as mentioned in Pe 1t7 of the OM, based on section 7 of the Act; (0. For any other specific and justifiable ground. (2) PERIOD OF TRANSFER. The effect of all the transfers shall have to be done during summer vacation to minimize academic loss. (3) TIMELINE FOR ONLINE APPLICATION AND PROCESS: (a) 1*April to 30% April- one month window for Applicants to apply (b) Up to 15% May - IS or DEEO to compile the Online Application in online mode. (Q)_ 16% May to 10% June- The DLC or the SLC, as the case may be, in multiple sittings, as per requirement and volume shall dispose of the cases with its recommendations. Page 1 of 8 pie(d) 11* to 16% June- DLC or SLC, as the case may be, send its recommendations, in online mode to Appointing Authority or the Senior Most Secretary of the respective Department, as the case may. (e) 17 June to 30%une- (a)In case of intra-district or within che district transfer, the Appointing Authority will generate the DLC recommended Transfer Order offline and issue the same. (b) In case of Inter District transfer, the Senior most Secretary shall examine and approve or reject subject to detection of violation of any provision in the OM as per the Act and will send it to Appointing Authority for further steps in respect of the Transfer. (0 Up to 30% June- The Appointing Authority shall generate the transfer order in Offline mode and issue (g) 1*July to 31* July: All Transfer Orders shall be given effect. However, the timeline so prescribed will be subject to change, in case of exigencies. (4) PTR NORMS TO BE MAINTAINE A. For Elementary Schools, PTR has to be calculated in accordance with the provisions contained in sections 19 and 25 read with the Schedule of the Right of Children to Free and Compulsory Education Act, 2009 and rule 21 of the Assam Right of Children to Free and Compulsory Education Rules, 2011. While calculating the number of available Teachers in a school, all the Teachers or Tutors working in the school irrespective of different categories including Teachers provided by the ‘Samagra Siksha Abhiyan and contractual Teachers, fixed pay Teachers and any other category of Teachers appointed by the Government, but excluding any irregular or illegal Teachers, are to be taken into considerati B. For Secondary Schools, there shall be one Teacher or Tutor against 40 pupils. In case of Secondary Schools, all the subjects available in the school has to be taken into consideration and one Teacher can be assigned against minimum 10 pupils for that particular subject. In case of Higher Secondary School, the Post Graduate Teachers have to attend the classes from IX to XIl. While calculating the requirement of ‘Teachers subject-wise for class IX to XII, the availability of Post Graduate Teachers in the school has to be taken into consideration. In addition, while calculating numbers of available Teachers in a school, all the Teachers or Tutors working in the school irrespective of category including Teachers provided by the Samagra Siksha Abhiyan, Assam and contractual Teachers, fixed pay Teachers and any other category of Teachers appointed by the Government of Assam and RMSA, but excluding any irregular or illegal Teacher, are to be taken into consideration, Overall PTR of a Secondary School shall be 40:1, which means one Teacher against forty pupils. (S)CRITERIA FOR CONSIDERATION OF INTER-DISTRICT TRANSFER AND PROCEDURE. ‘THEREOF : ‘The Government and the Competent Authority shall be guided by the following norms in respect of inter-district transfer of Teachers: - (a) A Teacher working in a district continuously for 10 (Ten) years or more can apply for transfer to his or her home district or the nearest contiguous district. (b) Differently Abled Teacher can apply after working two years in a district for transfer to his or her home district or the nearest contiguous district. (©) The District Elementary Education Officers or the Inspector of Schools and the State Level Committee shall take action for the transfer and posting of Teachers in ph@ o () (hy oO oO () schools in accordance with the PTR norms. No Teacher shall be transferred from a school where the number of teachers required is less against the available students in the school, to a school where the number of teachers is more than the requirement in both Elementary and Secondary School. Each District Committee will prepare a list of vacancies of their district every year, in accordance with the requirement of teachers, school wise and subject wise and as per PTR norms. In case of the number of applications seeking transfer are more than the available vacancy, it shall be decided on the inter-se seniority of the Teachers calculated as per the provisions of the Service Rules or in accordance with the marks obtained by the teacher at the time of appointment. ‘The application for transfer by a Teacher has to be addressed to the State Level Committee and submitted online through the District Elementary Education Officer or the Inspector of Schools, as the case may be, in such Form as may be prescribed. On receipt of an application, the District level Committee will examine and if found in order, forward the application to the State Level Committee. On receipt of the application, the State Level Committee shall examine the application and on being satisfied with the grounds or reasons stated in the application, shall verify the PTR, Vacancies, Tenure of service, subject-wise pupil, as, the case may be, and recommend the same to the Senior most Secretary of the respective Department for approval. ‘The Senior most Secretary, on being satisfied with the adherence of all the norms, particularly in terms of PTR, shall approve and forward in the online mode to the Appointing Authority to generate the transfer order and issue within the prescribed timeline, However, the Senior most Secretary of the Department may revoke the Transfer Order at any point of time on detection of violation of norms of transfer and he has to initiate penal action against the erring official. 6. CRITERIA FOR CONSIDERATION OF INTER-SCHOOL TRANSFER OF TEACHERS WITHIN ‘THE DISTRICT AND PROCEDURE THEREOF (a) (b) ‘Teachers may be transferred from one Elementary School to another Elementary School within the district, either by the Department or SSA in accordance with the requirement of Teachers in the school as per norms as provided above in point no (A). ‘Teachers may be transferred from one Secondary School to another Secondary school within the district in accordance with the requirement of Teachers in the school and also considering the subject-wise requirement. The overall PTR of a Secondary School is 40:1 which means one Teacher against forty students and there must be a minimum of 10 students for a particular subject for providing a teacher for that subject. ‘The Teachers under the Secondary Education Department and Secondary teachers appointed as well as administered by SSA in Secondary Level Schools may be transferred from one Secondary School to another Secondary school within the district only by the respective administering authority. The orders for transfer of teachers administered by SSA will be issued by SSA only. Page 3 of 8 we(d@) o (®) Oo w Application for transfer by a Teacher has to be addressed to the District Level Committee and submitted through the concerned District Elementary Education Officer or the Inspector of Schools, as the case may be, in such Form as may be prescribed, who shall place the Application before the District Level Committee for consideration ‘The transfer of Teacher from one school to another school within the district may be allowed by the Competent Authority strictly in accordance with the PTR norms. A teacher from a teacher deficit school cannot be transferred except on the grounds prescribed in Section 9 of the Assam Elementary And Secondary School Teachers’ (Regulation of Posting and Transfer), Act, 2020. Under no circumstance Teacher from a school, where the number of teachers is less than the requirement shall be transferred except under exigency for maintenance of proper academic atmosphere in a school or for maintaining peace and tranquility or safety and security of a female Teacher. The Deputy Commissioner of a district, after observing such formalities as may be as prescribed, if satisfied that transfer of a Teacher is essential for any one of the said grounds, may refer to the Competent Authority for transfer of a teacher, even from a school, where teachers are less than the required norms. The Competent Authority shall immediately consider such proposals of the Deputy Commissioner and recommend to the concerned Appointing Authority for issue of the transfer order. Provided that on the transfer of such a Teacher, the Appointing Authority shall immediately post a Teacher in that school to maintain the PTR norms as per provisions of this Act, either by direct recruitment or through transfer from another school. In the event of receipt of more than one application for transfer, the first preference shall be given to Differently Abled Teachers, provided that Differently Abled female ‘Teacher shall be preferred over a male Teacher within this category and weightage between two Differently Abled Teachers shall be given based on the respective percentage of disability. For other Teachers, it shall be decided on the inter-se seniority of the Teachers calculated as per the provisions of the Service Rules or in accordance with the marks obtained by the teacher at the time of appointment. In case of the number of applications seeking for transfer are more than the ible vacancy, it shall be decided on the inter-se seniority of the Teachers calculated as per the provisions of the Service Rules or in accordance with the marks obtained by the teacher at the time of appointment. The Application for transfer by a Teacher has to be addressed to the District Level Committee and submitted through the concerned District Elementary Education Officer or the Inspector of Schools, as the case may be, in such Form as may be prescribed, who shall place the Application before the District Level Committee for consideration, On receipt of an application, the District level committee shall examine the application strictly in accordance with the PTR norms. A teacher from a school can only be transferred, provided that the number of teachers is more than the requirement in that school. Under no circumstance Teacher from a school, where the number of teachers is less than the requirement shall be transferred except under exigency as mentioned above in point no (e). On being satisfied with the grounds or reasons stated in the application, the District, Level Committee shall verify the vacant posts in schools as indicated online, where mye Page 4 of 8the number of teachers is less than the requirement as per PTR norms of the district. On receipt of the recommendations from the District Level Committee, the Appointing Authority of the district, after proper verification and satisfaction that the recommendation is in conformity to norms, can issue the transfer order during the period of summer vacation. (D_ On detection of any deviation of norms at any point of time, the appointing authority shall cancel the transfer order and report to the Government to initiate penal action against erring official. (7) NORMS FOR POSTING OF TEACHERS (a) At the beginning of every year and before any fresh postings or posting on transfer, the concerning District Level Committee of the district shall identify vacancies in accordance with PTR norms in each of the Elementary Schools; and both PTR wise and subject-wise in each of the Secondary Schools in a particular District and shall notify and upload the same in the portal for information to all concerned. The calculation has to be done strictly in accordance with the norms mentioned above in point no 4. (b) Any posting has to be done strictly only in the school where vacancy exist as per PTR norms. (8) FOR MUTUAL TRANSFER Mutual transfer of Teachers(Inter/Intra district) shall be transparently done every year through an online process without adversely affecting academic support to the students, provided that mutual transfer shall be allowed only between the Teachers of the same status and also only between the Teachers of the same subject. The teacher seeking mutual transfer shall also be subject to eligibility as per merit. (9) Relaxation rules: (a) Procedure for Transfer of teacher due to amalgamation/merger of schools, rationalization of teachers and due to disciplinary action: ‘The provisions of The Assam Elementary and Secondary School Teachers (Regulation of Posting and Transfer) Act,2020, shall be in addition to and not in derogation of the provisions of any law for the time being in force. The matter of rationalization of teachers, amalgamation/merger of schools, transfer of teachers arising out of disciplinary proceeding etc. shall be dealt with separately as per existing policy in force. The Government of Assam in the Education Department can issue any transfer order, required for the implementation of the policies and rules, so mentioned above. (b)_ In order to resolve any extraordinary problem, the Education Department will take action under section 17 of the Assam Elementary and Secondary School Teachers’ (Regulation of Posting and Transfer), Act, 2020. (10) Composition of State Level Committee and fun ns thereof (a) There will two separate State Level committee, one for Secondary Education and the other for Elementary Education. For both the Committees, the Mission Director of Samagra Siksha Abhiyan, shall be Chairperson. The Director of Secondary Education shall be the member of the Committee meant for the Secondary Education Committee and the Director of Elementary Education shall be the member for the Committee meant for Elementary Education Committee. (b) The State Level Committee as mentioned above shall be the Competent Authority for recommending inter-district transfer of Teachers in accordance with The Assam Elementary and Secondary School teachers(Regulation of Posting and Transfer) aeAct,2020. (©) Both the State Level Committee, may also recommend revoking any order of transfer issued in contravention of the PTR norms and other eligibility criteria as per this OM and as per the provisions contained in the Assam Elementary and Secondary School ‘Teachers’ (Regulation of Posting and Transfer), Act, 2020. (11) COMPOSITION AND POWERSAND FUNCTIONS OF THE DISTRICT LEVEL COMMITTEE. 11.1Composition of the District Level Committee both for Elementary and Secondary Education : (a) Additional Deputy Commissioner ( Education ) of the District: - -- -Chairman; (b) District Elementary Education Officer -Member Secretary. (©) All Deputy Inspector of Schools of the district - Members; and (d)_ The concerned Block Education Officers - Member. 111.2 Power and functions of the District Level committee (a)At the beginning of Every year and before any fresh posting or posting on transfer, the concerning District Level Committee of the district shall identify vacancies in accordance with PTR norms in each of the Elementary Schools; and both PTR and subject-wise in each of the Secondary Schools in a particular District and shall notify and upload in the portal for information to all concerned. The calculation has to be done strictly in accordance with the norms mentioned above in point no 4. (b) The Appointing Authority, on being satisfied that the recommendation is made in accordance with the provisions of section 4 of The Assam Elementary and Secondary School Teachers(Regulation of Posting and Transfer Act) Act,2020, shall issue the inter- school transfer order of Teachers within the District based on recommendation of the District Level Committee, Provided that the concerned Appointing Authority, while issuing the transfer order, shall ensure that no Teacher is transferred from a teacher deficit school except under section 9 of The Assam Elementary and Secondary School Teachers(Regulation of Posting and Transfer) Act,2020. (12)POWER OF DEPUTY COMMISSIONER In case’ of exigency for maintenance of proper academic atmosphere in a school or for maintaining peace and tranquility or safety and security of a female Teacher, the Deputy Commissioner of a district, after observing such formalities as may be prescribed, if satisfied that transfer of a Teacher is essential for any one of the said grounds, may refer to the Competent Authority for transfer of a teacher, even from a teacher deficit school. The Competent Authority shall immediately consider such proposals of the Deputy Commissioner and recommend to the concerned Appointing Authority for the issue of the transfer order. Provided that on the transfer of Teacher from such a school, the Appointing Authority shall immediately post a Teacher in that school to maintain the PTR norms as per provisions of this Act, either by direct recruitment or through transfer from a High PTR school. (13) TRANSFER NOT TO AFFECT SENIORITY ‘Transfer of a teacher made under t! the respective cadre of the service. Act, shall not in any way affect his original seniority in we Page 6 of 8Page sors (14) OFFENCES AND PENALTIES (a) Violation of any of the provisions of this Act shall be treated as commission of an offence punishable under this Act. (b) Whoever violates any one or more of the provisions of this Act shall be punishable with rigorous imprisonment for a term which may extend to one year or a fine not exceeding fifty thousand rupees. (© Any person who abets for commission of any of the offences as aforesaid shall be liable for the same punishment as provided for the commission of the said offence under this Act. (@) Offences under this Act shall be cognizable, bailable and compoundable within the meaning of the Code of Criminal Procedure, 1973. (15)ONLINE PROCEDURES OF TRANSFER OF TEACHERS ON THEIR APPLICATION UNDER THE ACT : For processing the transfer request right from the receipt of petitions till the issue of transfer order, there will be a web portal of the Education Department. The detailed SOP on the online system will be notified separately. (16) FORMATS PRESCRIBED FOR PROCESSING THE REQUESTS FOR TRANSFER. (a) EE-001 -APPLICATION FORM FOR TRANSFER OF TEACHERS UNDER ELEMENTARY EDUCATION(INTRA DISTRICT) WITHIN THE DISTRICT. (At Annexure-) (b) BE-002 -APPLICATION FORM FOR TRANSFER OF TEACHERS UNDER ELEMENTARY EDUCATION (INTER DISTRICT) BETWEEN THE DISTRICTS. (At Annexure-I1) (©) EE/M-003- APPLICATION FORM FOR MUTUAL TRANSFER OF TEACHERS UNDER ELEMENTARY EDUCATION (INTRA DISTRICT) WITHIN THE DISTRICT. (At Annexure- m) (4) BE/M-004 -APPLICATION FORM FOR MUTUAL TRANSFER OF TEACHERS UNDER ELEMENTARY EDUCATION (INTER DISTRICT) BETWEEN THE DISTRICTS. (At Annexure-IV,) (©) SE-001 -APPLICATION FORM FOR TRANSFER OF TEACHERS UNDER SECONDARY EDUCATION (INTRA DISTRICT) WITHIN THE DISTRICT. (At Annexure-V) (Q) SE-002 -APPLICATION FORM FOR TRANSFER OF TEACHERS UNDER SECONDARY EDUCATION (INTER DISTRICT) BETWEEN THE DISTRICTS. (At Annexure-VI) (g) _SE/M-003- APPLICATION FORM FOR MUTUAL TRANSFER OF TEACHERS UNDER SECONDARY EDUCATION (INTRA DISTRICT) WITHIN THE DISTRICT. (At Annexure-VII) (hk) SE/M-004 -APPLICATION FORM FOR MUTUAL TRANSFER OF TEACHERS UNDER SECONDARY EDUCATION (INTER DISTRICT) BETWEEN THE DISTRICTS. (At Annexure- vu) (® VC-001- Certificate of COMPARED AND VERIFIED AND FOUND TO BE TRUE. (At Annexure-IX) (Gj) _DC-001-SEPARATE WINDOW FOR THE DEPUTY COMMISSIONER FOR RECOMMENDING TRANSFER UNDER EXIGENCIES. (At Annexure-X) ()_ EACH FORMAT WILL HAVE TWO PARTS, (1) APPLICANT PART (2) OFFICE PART. Page 7of8 lvOFFICE PART WILL HAVE COMPARTMENTS VIZ, IS OR DEEO OFFICE, SLC OR DLC, ‘SENIOR MOST SECRETARY, APPOINTING AUTHORITY, PROVISIONS CONTAINED IN THE ASSAM ELEMENTARY AND SECONDARY SCHOOL ‘TEACHERS(REGULATION OF POSTING AND TRANSFER ) ACT,2020, For all definitions and provisions contained in the Assam Elementary and Secondary School ‘Teachers (Regulation of Posting and Transfer) Act, 2020 shall prevail for the directions which are either omitted in this OM or are not found in conformity with the Act Principal Secretary to the Govt. of Assam Janata Bhaban, Dispur, Guwahati-06 Memo No ASE 101/2020/38-A Dated, Dispur 23" June, 2021 Copy to: 1, ‘The Accountant General (A&E), Assam, Guwahati-29. 2. The Mission Director, Samagra Siksha Abhiyan, Assam, Kahilipara, Guwahati-19. 3. The Staff Officer to Chief Secretary, Assam, Dispur. 4. The Director, Secondary Education, Assam, Kahilipara, Guwahati-19. 5. The Director, Elementary Education, Assam, Kahilipara, Guwahati-19. 6. 2. 8. ‘The Director, Higher Education, Assam, Kahilipara, Guwahati-19. ‘The Director, SCERT, Assam, Kahilipara, Guwahati-19. The Secretary, SEBA, Guwahati 9. ‘The Secretary, Higher Secondary Education Council, Assam, Guwahati 10. All Inspectors of Schools 11, All District Elementary Education Officer 12, The Deputy Director, Assam Govt. Press, Bamunimaidam, Guwahati-21, for publication and notification in the Assam Gazette. 13, The PS. to Hon'ble Minister, Education, Assam, Dispur (for kind appraisal of Hon'ble Minister, Education) 14, ‘The PS. to Chief Secretary, Assam, Dispur. (for kind appraisal of Chief Secretary). 15. The PS. to Principal Secretary to Hon'ble Chief Minister, Assam, Dispur. 16. The PS. to Principal Secretary to the Govt. of Assam, Finance Department, (for kind appraisal of the Principal Secretary & Finance SIU, Assam, Dispur). 17. The PS. to Special Commissioner, Education (Sec. & Ele.) Department, Dispur. 18. The PS. to Secretary, Higher Education Department, Dispur. By order ete. Additional Secretary to the Govt. of Assam Secondary Education Department Janata Bhaban, Dispur, Guwabati-6. Page 8 of 8