Whereas it has become expedient to form a committee for maintaining the overall discipline of the students as well as teaching and non-teaching staffs of the school.
And whereas the Managing Committee for such purpose is desirous to constitute- a committee which would work for maintaining discipline and order amongst the students as well as amongst teaching and non-teaching staffs of the school and the said committee from time to time shall recommend various measures to the Managing Committee in order to maintain congenial and disciplined atmosphere in the school. And whereas the said Disciplinary Committee shall work under the total supervision and control of the Managing Committee but the said Committee would be at liberty to take their independent decision for the purpose of rendering any recommendation to the Managing Committee. And whereas the constitution and the function of the Managing Committee is stated here-in-below:-
Principal of the committee shall be the chair person of the Disciplinary committee and apart from Principal there shall be 4(four) other members out of which two members shall be from the Senior Teachers of the School and one member shall be from the Senior Non-teaching staff and another member shall be a person who is having a good social reputation and engaged in social and philanthropic activities. Provided, however, the said member who is from outside the school shall not be the guardian of any ward who is still studying in the said school or a person who is directly related to any of the teaching and non-teaching staff. The Managing Committee will select the members of the said Committee and the tenure of the Committee shall be for a period of one year. Provided the said Managing Committee shall have the authority to terminate any of the members of the said committee or the entire committee prior to the completion of its said tenure.
If a member of the said committee desires to resign from the said committee he shall have to serve a prior notice of 15 days upon the Managing Committee and the said termination will come into effect upon the expiry of the said period of 15 days. The vacancy so created due to the termination of any member or due to the resignation of any Member, shall be filed up by the Managing Committee as early as possible, but positively within 30 days from the day the said post falls vacant.
That any complaint with regard to any indiscipline of any student or any teacher or non-teaching staff shall be forwarded to the said Disciplinary Committee, if the same has been filed before the other teacher or authority of the school, save and except the Disciplinary Committee.
The Disciplinary Committee after receiving any complaint shall cause necessary enquiry in order to adjudge the veracity of the said complaint. If prima-facie merit is found in any complaint, the Disciplinary Committee shall cause thorough enquiry after recording the depositions of all concerned persons. The Disciplinary Committee shall render their independent recommendations on the basis of the depositions so collected or gathered, before the Managing Committee.
The Disciplinary Committee shall meet at least once in a month in order to review the entire scenario concerning discipline of the school and if required, the Disciplinary Committee may suggest and/or recommend the various measures for the effective maintenance and upliftment of the discipline of the school.
That it would be obligatory for the Managing Committee to consider the said recommendation so made by the disciplinary authority and if the Managing Committee differs from the Disciplinary Committee with regard to the recommendation so made or comes to a finding that the said recommendation or any part thereof is not being implemented. In such event, the Managing Committee shall record its reasons for doing so. Where the Chairperson or any member of the Disciplinary Committee (i) has been convicted for an offence or an enquiry into an offence under any law for the time being in force is pending against him or (ii) he has been found guilty of any disciplinary proceedings or a disciplinary proceeding is pending against him (iii) or, as so abused his position as to render the continuance his office prejudicial to the interest of the school, such Chairperson or member, as the case may be, shall be removed from the Disciplinary Committee and the vacancy so created shall be filled up by the Managing Committee of the School but positively within 30 days from the day the said post as soon as possible falls vacant.
Whereas in order to bring uniformity and to remove the arbitrariness relating to matters of students of the school, the Managing Committee in its wisdom thought it fit to constitute a committee in this regard and whereas the said committee shall have the authority to recommend various measures relating to promotion of students. And whereas the Committee shall be constituted and shall function in the following manner, subject to the control and supervision of the Managing Committee of the school:-
The said committee shall be known as “Promotion Committee” .
The said committee shall be constituted by 5 members. Mr. X being the member of the Managing Committee shall function as a chairman of the said committee. Out of remaining 4 (four) members 3 (three) members shall be from teaching faculty. It has been decided by the Managing Committee that other member shall be from outside the school. It should be borne in mind that the said person shall have no connection or direct relation with any of the students of the school or with any teaching or non-teaching staff of the school. Thus member shall preferably be a scholars or educationist, so in view of such decision Mr. Y has been selected to be the member of the said Promotion Committee along with other members as stated above.
The Promotion Committee shall meet once in every two months and review overall performance of the students. The said Committee shall be at liberty to make recommendations and/or suggestions for causing academic improvement of any particular student. That the said committee shall positively meet before publication of results of any particular term or final year and would review the decisions of school teachers with regard to the promotion of students. If the said Committee differs with the decision of any teacher with regard to promotion or non-promotion of any student, the said committee shall record the reasons in writing with regard to the point of differences and sent the same to the Managing Committee for its consideration. The tenure of the said committee shall be for a period of two years, unless the Managing Committee terminates the said committee or any of the members of the said Committee prior to the completion of the said tenure. In case any member resigns from the said committee, the said member shall intimate the same in writing by serving 15 days prior notice to the said Managing Committee and the said resignation will take effect on and from the expiry of 15 days period. The vacancy so created shall be filled in as early as possible, but positively within a period of 30 days from the date on which the post falls vacant.
Whereas the Managing Committee thought it fit to constitute a Committee for the effective disposal and/or selling of old and/or unused articles of various types belonging to the said school which have lost its usage and occupying spaces unnecessarily. And whereas the said Committee shall act under the direct control and supervision of the Managing Committee.
And whereas it shall be the duty of the said committee to identify and locate those articles and to select vendors or purchasers who would be quoting the highest price to purchase those articles.
And whereas this transaction should be done upon obtaining prior written approval of the Managing Committee. And whereas the Constitution of the said committee and/or its functions are stated hereinbelow:-
The said committee shall be known as ‘Condemnation Committee’;
The said committee shall consist of 3(three) members.
The said committee shall meet periodically but at least once in every month.
The said committee shall identify and locate old and unused articles of the school periodically and they shall make a list of such articles and submit the same to the Managing Committee for obtaining its permission in order to dispose or sell those articles.
The Managing Committee may refuse to accord such permission or may grant such permission for all the goods and articles referred to or for any part thereof.
Upon obtaining such permission the Condemnation Committee shall select the buyers for selling those articles and/or goods. The Condemnation Committee shall have to select more than one buyers and shall have to obtain quotations from those buyers for selling those articles and/or goods. The buyer who would be quoting the higher rate or price would be selected for selling those goods and/or articles by the Condemnation Committee subject to the prior written approval of the Managing Committee. If the estimated price of the goods and/or articles or entire booty or articles which the condemnation committee would intend to sell upon obtaining consent of the Managing Committee, exceeds Rs. 1,50,000/-, the Condemnation Committee would float a notice inviting tenders for selling the same by publishing such notice in any news daily, upon obtaining prior permission of the Managing Committee. In such case, quotations and/or tenders would be invited in sealed cover, the same would be opened on the schedule day in presence of all the members of the Condemnation Committee and also in presence of the Members of the Managing Committee and in presence of the persons quoting such bids. It is needless to say that highest bid would be accepted by Condemnation Committee. The tenure of the said Committee would be for a period of one year and the Managing Committee may further extend its life or may termination the said committee or terminate the membership of any of the members of such committee before the conclusion of tenure of such committee.
That the said committee shall work in good faith and for the overall development and in the interest of the school.
That in case any member is found guilty of bribery or is found having any unholy nexus with any prospective buyer with an ulterior motive, in such case, the Managing Committee shall seriously deal with the said member and if necessary, the Managing Committee shall be at liberty to institute criminal action against the said delinquent member.
Whereas the Managing Committee observed that in recent times various issues pertaining to law and administration are cropping up on a regular basis and whereas the Managing Committee thinks it fit to constitute a committee to deal with such issues and to render suggestions and/or recommendations to deal with such issues on behalf of the Managing Committee. The said committee shall act and/or function under the direct supervision and control of the Managing Committee.
The committee shall be known as “Redressal Committee”.
The said committee shall consist of 3(three) members:-
The said committee shall seek legal opinion on any issue from the legal experts or lawyers as and when the said committee finds it necessary.
In case of any emergent situation where it is not practically possible for all the members to meet together physically or to take decision on any issue, in such case the Chairman of the Committee directly may contact with the legal expert or legal practitioner, who is considered to be fit and proper by the said said Chairman at that very juncture for dealing with the issues in hand. But in such case the Chairman shall try to intimate the other members of the said Committee with regard to the steps so taken immediately as soon as possible, either through telephone or by sending text messages or by email.
The fees and/or expenses which are to be incurred for dealing with such legal matters will be paid upon obtaining prior sanction of the Managing Committee.
The duty of the said committee to pursue with the legal matters and/or to take all necessary steps which are required from the end of the school will be taken as promptly as possible.
All drafting of letters, petitions and/or any other deeds or documents shall be first verified and/or scrutinized by the said committee and thereafter the same shall be placed before the Managing Committee for the purpose of its vetting. However, in case of emergency the Managing Committee or any member or members of the Managing Committee who is /are available shall take prompt decision. However such decision so taken for drafting, in an emergent situation should be placed before the other committee members and thereafter before the Managing Committee, as early as possible.
The tenure of the committee is for a period of one year but the Managing Committee reserves right to extend its life for any further period or to terminate the said committee or any of its member or members without assigning any reason in that regard.
That the members of the said committee will not be entitled to any remuneration or any monetary gain for rendering such service, save and except the expenses, which would be incurred by the said members, would be reimbursed in actual.
It shall be the duty of the said committee to meet as and when required. However, in case of any emergency the said meeting can be held at a short notice. The said committee shall always submit the total bill and/or accounts with regard to the expenses so incurred, before the Managing Committee.
Whereas most of the students of the school are below 18 years old as such most of the students come within the definition of children within the meaning of Protection of Children from Sexual Offences Act, 2012. And Whereas Parliament in its wisdom thought it proper to enact a law to protect the children from offences of sexual assault, sexual harassment and pornography.
And whereas in the recent times it has been observed that due to rapid change in social economic atmosphere offences of sexual assault and sexual harassment on children are increasing day by day.
And whereas in view of the said alarming situation the Managing Committee has thought it fit to constitute a committee for protecting and safeguarding the children and students of the school from offences of sexual assault and/or sexual harassment.
And whereas the said Act and Rules framed there under provide for an effective state machinery for dealing with the issues pertaining to the sexual assault and/or sexual harassment of the children. In such conspectus the Managing Committee thinks it fit to constitute a committee in the school for curbing such menace in an effective manner and the functioning of the said committee will be not in derogation to the modalities or the ways laid-down in the said Act of 2012, but the said Committee may function simultaneously and parallelly with any investigation or proceeding initiated against any person in connection with any offence under the said Act.
The Managing Committee has decided to constitute the said Committee in the following manner which shall act in the manner as stated herein below subject to the direct supervision and control of the Managing Committee.
The said committee shall be known as “Children Protection Committee”.
The said committee shall consist of 3 members out of which 2 members should be female and one male. Out of the said 2 female members, one member should be a person who shall be a social worker, not being staff of the school, having at least 5 years experience in the field of social work, having vast knowledge in dealing with children psychology. The other male member of the said committee shall be from the senior teachers of the school.
The tenure of this committee shall be for a period of one year on and from the date it is constituted, unless Managing Committee terminates the said committee prior to the completion of its tenure or any member of the said committee is replaced with a new member.
Any member can resign at his/her option from the said committee upon serving 15 days prior notice to the Managing Committee.
The vacancy so created due to any termination of any membership or resignation of any member, shall be filled up by Managing Committee, as soon as possible, preferably within a period of seven days from the date on which the vacancy is so created.
That upon receiving a complaint covering any allegation and/or offence as stated in the said Act of 2012; the committee shall first examine the victim without disclosing his/her identity.
That for the interest of the said victim/child it would be proper for the committee to examine the said child at his residence or in the school premises after the School hours or on a holiday, unless the situation is extremely emergent, which warrant immediate intervention.
In case the offence is against any teacher/staff of the said school, the committee may recommend for the said employee, during the pendency of inquiry or any judicial proceeding, if instituted against the same. a) to suspend the said accused person from the work b) to place the said person in such a different work place, where from it would not be possible for the said accused person to exercise any influence on the said child.
In case the said complaint is against the student of the school, the committee also shall make such similar recommendation during the pendency of the enquiry.
That considering the gravity of the offence or the occurrence the committee may call for Medical Examination of the victim. In case the victim is a girl child, the victim shall be examined by a woman Doctor. Moreover the said Medical Examination will be conducted in presence of the parents of the child or any other person on whom the child reposes trust or confidence.
Where in case the parents of the child or any other person referred to hereinabove may not be present for any reason, during the Medical Examination of the Child, the Medical Examination shall be conducted in the presence of a woman nominated by the concerned Health Institution.
The above procedure for medical examination may not be conducted by the said committee, if the allegation of the complainant is already being investigated by the Police Authorities and Medical Examination has already been done in that respect through the police authorities. That after examining the said victim child the committee shall call on the accused person and shall read over the statement so obtained from the victim child and if necessary may explain the same to the said victim without delivering the copy of the same to the said victim. Thereafter the committee shall record in writing the statement of the said accused and the statement of the witnesses of the victim child and that of the accused, in a closed room, separately and not in presence of other witnesses.
However it should be borne in mind that the child should not be exposed in any way to the accused at the time of recording of the evidence, while at the same time it should also be ensured that the accused is not in a position to hear the statement of the child and communicate with his Advocate or any representative.
That after examining all the witnesses of both the sides, the Children Committee shall file a report in that regard annexing all the statements so obtained before the Managing Committee with their finding and recommendations, regarding the probable actions which may be taken in such a situation by the Managing Committee.
That while conducting the proceeding it shall be the duty of the committee to see that the concerned child is not at all psychologically affected or the said child is not feeling afraid because of the reason of the said proceeding.
That the entire proceeding shall be conducted in a closed door and preferably after the school hours or on a holiday, subject to the convenience of the victim child and or his family.
WHEREAS The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013 has been enacted by the Parliament of India and the said Act has been given effect from 9th December, 2013. Thereafter Rules have been framed under the said Act, namely, The Sexual Harassment of Woman at Workplace (Prevention, Prohibition and Redressal) Rules of 2013, which has also been given effect on and from 9.12.2013.
AND WHEREAS this Act has been enacted to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.
AND WHEREAS Section 4 of the said Act mandates every employer of a workplace and/or the institution to constitute a Committee to be Known as the “Internal Complaints Committee” to deal with the complaints of sexual harassment in the manner as provided in the said Act, and the Rules made thereunder.
AND WHEREAS pursuant to the provision of the said Act the Managing Committee do hereby constitutes such internal complaints committee and the said committee shall function in the manner as stated herein below:
a. The Committee shall consist of 5 members including the Presiding Officer.
b. The said Act warrants that a senior female teacher of the School shall be the Presiding Officer of the said Internal Complaints Committee (hereinafter referred to as ICC), so in view of the said position Mrs. ______________ is designated as the Presiding Officer of the said committee on the terms and conditions as mentioned herein below :
In light of Section 4(2)(b) of the said Act Mrs. ___________, Mrs.________________ and Mr. _____________ who are our revered teachers of our School shall be the members of the said Committee along with Mr. _____________, who shall be a member of the said Committee in accordance with Section 4(2)(c) of the said Act read with Rule 4 of the said Rules. All these Members are appointed on the terms and conditions as mentioned herein below :
1. The Presiding Officer and every Member of the internal Committee shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the Managing Committee.
2. The Member appointed from outside the school staff shall be paid such fees or allowances for holding the proceedings of the internal Committee, by the Managing Committee, as may be determined.
3. Where the Presiding Officer or any Member of the Internal Committee,-
a) contravenes the provisions of Section 16 of the said Act;
b) has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him;
c) he has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him;
d) has so abused his position as to render his continuance in office prejudicial to the interest of the school; such Presiding Officer or Member, as the case may be, shall be removed from the Committee and the vacancy so crated or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section.
Complaint of sexual harassment :
i. Any aggrieved women may make, in writing a complaint of sexual harassment to this internal committee within a period of 3 months from the date of the incident and in case of series of incidents, within a period of 3 months from the date of last incident. The complainant shall submit 6 copies of the complaint alongwith a supporting document and the names and addresses of the witnesses.
ii. Provided that the said the Presiding Officer and any other member of the committee shall render all reasonable assistances to a women for making the complaints in writing, provided further that the internal committee may, for reasons to be recorded in writing, extend the time limit not exceeding 3 months, if it is Satisfied that the circumstances is such which prevented the women from filing a complaint within the said period.
iii. That on receipt of complaint, the committee shall send one of the copies received from aggrieved women to the respondent within a period of 7 working days.
iv. That the respondent shall file his reply to the complaint alongwith his list of documents, if any, and name and address of witnesses, if any, within a period not exceeding of ten working days from the date of receipt of the complaint.
v. The ICC may, before initiating an inquiry and at the request of the aggrieved women take steps to settle the matter between her and the respondent through conciliation, provided no monetary settlement shall be made as the basis of conciliation.
vi. Where a settlement has been arrived at, as stated aforesaid, the ICC shall record the settlement so arrived at and forward the same alongwith its recommendation to the Managing Committee for taking action as recommended by the ICC.
vii. The ICC shall provide the copies of the settlement as stated herein above to the aggrieved women and the respondent, provided that where the aggrieved women informs the internal committee that any term or condition of the settlement arrived at, as stated aforesaid has not been complied with by the respondent, the internal committee shall proceed to make an inquiry into the complaint and thereafter may forward the same to the police if the aggrieved woman is willing, provided in such case, prior written consent of the Managing Committee in this regard should be obtained.
c. Where the aggrieved Women is unable to make a complaint on account of her physical incapacity, a complaint may be filed by-
i. her relative or friend
ii. her co-worker, or
iii. an Officer of the National Commission for Women or State Women’s Commission.
iv. any person who has knowledge of the incident, with the written consent of the aggrieved woman.
v. any person who has knowledge of the incident jointly with her relative or friend or a special educator or qualified psychiatrist or psychologist, or guardian or authority under whose care she is receiving treatment or care.
vi. where the aggrieved women for any other reason is unable to make a complaint, a complaint may be filed by any person who has knowledge of the incident, with her written consent.
vii. where the aggrieved women is dead, a complaint may be filed by any person who has knowledge of the incident. In case the conciliation proceeding fails or no conciliation takes place, the ICC shall make inquiry into the complaint in the following manner :
That the ICC shall sit together with the aggrieved woman and the respondent.
That the deposition of the aggrieved women shall be recorded in presence of the respondent. The respondent shall have the right to cross examine the aggrieved woman.
However the aggrieved woman in support of her deposition may produce witnesses and the statement of the witnesses shall be recorded separately. Subsequently the respondent may cross-examine the witnesses so produced by the aggrieved woman.
Whereas the respondent in support of his defense shall make his deposition in presence of the aggrieved woman, and the aggrieved woman too may cross-examine the respondent on the basis of his deposition or may take assistance of any colleague. The respondent in support of his deposition may produce witnesses and the statement of the witnesses shall be recorded separately. Subsequently the respondent may cross-examine the witnesses so produced by the aggrieved woman.
That the copies of the depositions and/or findings shall not be handed over to the respondent, but if requested he may be allowed to take inspection of all such documents, on the date and time so fixed by the ICC. The respondent shall only be allowed to take note of the same by using pencil.
The I.C.C. would direct both the aggrieved woman and the respondent to file a Written Notes of Arguments.
After going through the statements filed by the aggrieved woman and the respondent, the internal committee shall come to the finding.
Copy of the finding shall be produced to the aggrieved woman.
The said committee shall have the right to terminate the enquiry proceedings or to give an ex-parte decision on the complaint if the aggrieved woman and/or the complainant or the respondent fails, without sufficient cause, to present herself or himself for three consecutive hearings, convened by the Presiding Officer of the ICC.
Provided that such termination or ex-parte order may not be passed without giving a notice in writing, fifteen days in advance, to the party concerned.
Both the parties shall not be allowed to bring in any legal practitioner to represent them in their case at any stage of the proceedings before the committee.
In conducting the enquiry, a minimum of three members of the committee including the Presiding Officer shall be present.
During the pendency of the enquiry of written request made by the aggrieved woman Internal Committee may recommend the school to transfer to any other work place or grant leave to the aggrieved woman upto period of 3 months or grant such other relief to an aggrieved woman, as may be prescribed by the Managing Committee.
The Leave so granted to the aggrieved woman for the purpose as stated hereinabove shall be in addition to the leave she would be otherwise entitled to.
On the recommendation of the Internal Committee the Managing Committee shall implement the recommendations so made and sent
the report to such Internal Committee. ICC at the written request of the aggrieved woman may recommend to the Managing Committee to –
a) Restrain the respondent from reporting on the work performance of the aggrieved woman or writing her confidential report and assign the same to any other person.
b) Restrain the respondent from supervising any academic activity of the aggrieved woman;
Q) If the ICC finds that the charges leveled against the respondent have been proved, in that case it shall file a detailed report annexing the depositions so collected in course of the proceeding along with the recommendations, suggesting the steps or action which are required to be taken by the Managing Committee. It is further clarified that ICC may place any of the following recommendations before the Managing Committee –
to take action from sexual harassment or the misconduct in accordance with the provisions of the Service Rule applicable to the respondent;
to deduct, notwithstanding anything in the Service Rules applicable to the respondent, from the salary or wages of the respondent, such sum as it may appropriate to be paid to the aggrieved woman or to her legal heirs, as it may determine in accordance with the provisions stated hereinbelow.
DETERMINATION OF COMPENSATION :
1. For the purpose of determining the sums to be paid to the aggrieved woman as mentioned hereinabove, ICC shall have regard to
Mental trauma, pain, sufferings, emotional distress caused to the aggrieved woman;
Loss in the career opportunity due to the incident of sexual harassment;
Medical expenses incurred by the victim for physical or psychiatric treatment;
The income or financial status of the respondent;
Feasibility of such payment in lump sum or in installments;
2. Notwithstanding anything contained in Right to Information Act, 2005, the contents of the complaint, the identity and addresses of the aggrieved woman, the respondent and witnesses, any information relating to conciliation, and inquiry proceedings, recommendations of the ICC and
action taken by the Managing Committee shall not be communicated or made known to the public, press and media in any manner ; provided the information may be disseminated regarding justice secured to any victim of sexual harassment under the said Act, without disclosing the name, address and identity or any other particulars calculated to lead to the identification of the aggrieved woman and witnesses.
3. Punishment for false or malicious complaint and false evidence:-
Where the Internal Committee or the Local Committee, as the case may be, arrives at a conclusion that the allegation against the respondent is malicious or the aggrieved woman or any other person making the complaint has produced any forged or misleading documents, it may recommend to the employer, to take action against the woman or the person who has made the complaint, in accordance with the provisions of the Service Rules applicable to her or him or where no such Service Rules exists, in such manner as may be prescribed; by the Managing Committee in consultation with the I.C.C.
ii) Provided that a mere inability to substantiate a complaint or to provide adequate proof, need not attract action against the complaint under this Section:-
Provided that the malicious intent on part of the complainant shall be established after inquiry in accordance with the procedure prescribed, before any action is recommended;
iii) Where the Internal Committee arrives at a conclusion that during inquiry any witness who is also a staff or a student of the school, has given false evidence or produced any forged or misleading document, it may recommend to the managing committee, to take action in accordance with the provisions of the Service Rules applicable to the said witness or where no such Service Rules exist, in such manner as may be prescribed.