G.O. No. 685-Edn (P) dated 06.07.1992

GOVERNMENT OF WEST BENGAL
Education Department
Primary Branch
No. 658-Edn(P) Dated, Calcutta, the 6th July, 1992
NOTIFICATION
In exercise of the power conferred by Sub-section (1) of Section 106, read with Clause (k) of Sub-section (1) of Section 60, of the West Bengal Primary Education Act, 1973 (West Bengal Act XLIII of 1973), the Governor is pleased hereby to make, after previous publication as required by Sub-section (i) of the said Section 106, the following Rules :
RULES
1. Short Title : These Rules may be called the West Bengal Primary Education (Transfer of Teachers from one Primary School to another Primary School within the jurisdiction of the Primary School Council) Rules, 1992.
2. Definition : In these Rules, unless there is anything repugnant in the subject or context-
(i) “the Act” means the West Bengal Board of Primary Education Act, 1973 (West Ben. Act XLIII of 1973) ;
(ii) “Board” means the West Bengal Board of Primary Education established under the Act;
(iii) “Calcutta” has the same meaning as in the Calcutta Municipal Corporation Act, 1980 (West Bengal Act LIX of 1980) ;
(iv) “Chairman” means the Chairman of a Council ;
(v) “Circle” means an educational circle having such area may be specified by the State Government by notification published in the official gazette ;
(vi) “Council” means a Primary School Council established under the Act;
(vii) “Director” means the Director of School Education, West Bengal ;
(viii) “Prescribed” means prescribed by Rules made by the State Government under the Act.
(ix) “Primary School” means a School or a department of a School giving instructions in Primary education recognised as Primary School under the Act, and includes a Junior Basic School ;
(x) “teacher” means a person, who holds a teaching post in a Primary School or in a Junior Basic Training Institution on a regular and whole time basis, and is paid either wholly or in part from the fund under the control of the State Government in the Education Department.
3. Primary School under the jurisdiction of the Council shall ordinarily have one teacher for every forty, but not less than twenty pupils. A second teacher shall be admissible when the roll strength of pupils exceeds sixty only, provided that in a hilly, foresaid or thinly populated areas, a Primary School may, with the prior approval of the Director, be opened with one teacher for every fifteen pupils but in such cases also, a second teacher shall be admissible when roll-strength of pupils exceeds sixty.
4. (1) A council, if it is considered necessary in the interest of Primary education of the area under the jurisdiction of the Council, may transfer any teacher from one Primary School to another within its jurisdiction, keeping in view the educational needs and welfare of the children in general.
(2) A council may transfer a teacher from one School where there is a surplus teacher according to the scale specified in Rule 3 to any other Primary School where there is a shortage.
(3) A council may transfer a teacher posted in a Primary School when in the opinion of the Council, his services may be utilised in a better way by such transfer to any other Primary School within its jurisdiction.
(4) A council may transfer a teacher posted in a Primary School to any other Primary School within its jurisdiction where the services of such teacher are considered necessary for the smooth running of the School.
(5) A teacher posted in a Primary School in a circle outside the jurisdiction of the Calcutta District Primary School Council shall ordinarily be transferred under Sub-rule (1) or Sub-rule (2) or Sub-rule (3) to a Primary School situated either in the same circle or in the neighbouring circle.
(6) A teacher posted in a Primary School within the jurisdiction of Calcutta District Primary School Council shall ordinarily be transferred under Sub-rule (1) or Sub-rule (2) or Sub-rule (3) or Sub-rule (4) to any other Primary School within the jurisdiction of the Calcutta District Primary School Council.
(7) A Council may transfer a teacher from one Primary School to another Primary School if such teacher seeks for such transfer in writing stating the reason therefore, provided there is an approved vacancy.
(8) A council may consider the prayer from one School to another School, shall be entitled to avail himself/herself of joining time as specified below, depending upon the distance to be travelled on such transfer. The distance shall, for the purpose of this Rule, mean the distance between the two Schools by normal route.

6. (1) An order to transfer of a teacher shall be issued under the signature of the Secretary of the Council and such order shall be communicated to the teacher and others concerned forthwith.
(2) After receiving the communication from the Council regarding transfer of a teacher, the concerned Sub-inspector of Schools shall issue release order immediately in respect of such teacher, directing him/her to join the Primary School to which he/she is transferred. On being released, the concerned teacher shall join the Primary School where he/she has been transferred, availing himself/herself of the joining time, if necessary, and shall submit his/her joining report to the concerned Sub-inspector of Schools who shall in turn, endorse a copy of the same to the Secretary of the Council.
7. An appeal against an order made by the Council under the these Rules shall lie with the Board, if such appeal, is preferred within 30 days of such order, provided the teacher concerned has duly compiled with the order of transfer prior to such appeal. The decision of the Board on such appeal shall be final.
By order of the Governor,
Sd/- U. K. Ray
Secretary to the Govt. of West Bengal.