This document is a response to Lok Sabha Unstarred Question No. 1189, answered on 08.12.2025, regarding the Payment of Gratuity Act to CBSE Affiliated Teachers. Shri S Venkatesan asked about the number of CBSE-affiliated private schools not paying gratuity as per the Act of 1972, amended in 2009, with retrospective effect from 03.04.1997, in Tamil Nadu, and the steps taken to ensure compliance.
Minister of State in the Ministry of Education, Shri Jayant Chaudhary, responded that education falls under the Concurrent List of the Constitution, placing schools not funded by the Central Government under the jurisdiction of State Governments for enforcement. The response also mentions that CBSE Affiliation Bye-Laws-2018 contains the following service rules: Clause 5.3 requires schools to define service rules for teaching and non-teaching staff in line with Appropriate Government rules, including provisions for the Contributory Provident Fund - Pension Scheme (5.3.11). Clause 5.2.2 mandates that teaching and non-teaching staff be appointed on pay scales and allowances prescribed by the Appropriate Government. All Board-affiliated schools must follow the Affiliation Bye-laws.
Key Entities Referenced
The Payment of Gratuity Act, 1972: Law concerning gratuity payments to employees, specifically referenced in the context of teachers in CBSE affiliated schools.
CBSE Affiliation Bye Laws-2018: Document outlining affiliation rules for schools under the Central Board of Secondary Education (CBSE), with regard to service rules.
Ministry of Education: Central ministry responsible for education policy and administration.
Tamil Nadu: State where the applicability of gratuity payments to teachers is specifically questioned.
GOVERNMENT OF INDIA
MINISTRY OF EDUCATION
DEPARTMENT OF SCHOOL EDUCATION & LITERACY
LOK SABHA
UNSTARRED QUESTION NO. 1189
ANSWERED ON 08.12.2025
Payment of Gratuity Act to CBSE Affiliated Teachers
1189. Shri S Venkatesan:
Will the Minister of EDUCATION be pleased to state:
(a) the number of CBSE affiliated private schools which are still not paying Gratuity
to their teachers in accordance with The Payment of Gratuity Act, 1972 as
amended in 2009 with retrospective effect from 03.04.1997, in the State of Tamil
Nadu; and
(b) the steps taken by the Government to ensure payment of gratuity by the private
CBSE schools which have not complied with the amended gratuity act?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF EDUCATION
(SHRI JAYANT CHAUDHARY)
(a) & (b): Education is a subject in the Concurrent List of the Constitution. Schools, other
than those owned/ funded by the Central Government, are under the jurisdiction of the
respective State Governments. Therefore, this matter falls under the regulatory ambit of
the respective state government and as such, to be enforced by these authorities.
Further, following provision has been laid down in Central Board of Secondary Education
(CBSE) Affiliation Bye Laws-2018 with regard to Service rules:
Clause 5.3 stipulates that the school shall define the service rules of teaching & non-
teaching staff on the lines of the service rules of the employees of Appropriate
Government including well documented provisions in respect of the Contributory
Provident Fund - Pension Scheme (5.3.11).
Clause 5.2.2 stipulates that “Teaching & non-teaching staff should be appointed on pay
scales and allowances prescribed by the Appropriate Government.”
It is mandatory for all the Board’s affiliated schools to follow the Affiliation Bye-
laws of the Board mutatis mutandis.
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