Haryana School Education Rules, 2003wbgfiles.worldbank.org/documents/hdn/ed/saber/suppor… · · 2010-12-17Haryana School Education Rules, 2003 HARYANA GOVT. GAZ. (EXTRA), APRIL

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Haryana School Education Rules, 2003HARYANA GOVT. GAZ. (EXTRA),

APRIL 30, 2003(VYSK. 10, 1925 SAKA)

(English version page 459 to579)

HARYANA GOVERNMENTEDUCATION DEPARTMENT

Notification

The 30th April, 2003

No. GSR. 7/H.A.12/99. S. 24(1)/2003 dated 30.04.2003-In exercise of the powers conferred by sub-section (1) readwith sub-section (2) of section 24 of the Haryana SchoolEducation Act, 1995 (Act 12 of 1999), and all other powersenabling him in this behalf, the Governor of Haryana herebymakes the following rules, to regulate education in allnon-Government schools, to promote better organization anddevelopment of school education, the manner of admissionto recognized schools, fee structure, uniform code of serviceconditions for employees, adequate infrastructrual facilitiesto be provided to pupils and to follow approved course ofstudies, in the State of Haryana, namely:—

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Haryana School Education Rules, 2003

CHAPTER 11. (1) These rules may be called the Haryana

School Education Rules, 2003.(2) They shall come into force on the date

of their publication in the official gazette.2. In these rules, unless the context otherwise

requires,—(a) “Act” means the Haryana School

Education Act, 1995 (Act 12 of 1999);(b) “appellate authority” means an

authority to whom an appeal againstorders of appropriate authority may bepreferred, namely:–

(i) where Director is appropriateauthority, to the secretary;

(ii) where District Education Officer isappropriate authority, to DirectorSecondary Education;

(iii)where District Primary EducationOfficer is appropriate authority, toDirector Primary Education;

(c) “Affiliating Board” means theconcerned Board referred to in clause(a) of section 2 of the Act;

(d) “Administrator”- means a Governmentofficer of suitable rank authorized bythe Director to take over the managingcommittee of an aided school;

(e) “Appendix” means the Appendixappended to these rules;

[(ee) ‘Appropriate authority’ means theauthority declared by the central/state

Definitions.

Short title andcommencement.

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Government under any law for the timebeing in force to register or issue acertificate for particular purpose;]***

(f) “Department” means the DirectorSecondary Education, Haryana andDirector Primary Education, Haryana,as the case may be;

(g) “Form” means a Form annexed to theserules;

(h) “inspecting officer” means the officerauthorized to inspect the school by Director/ District Education Officer/District Primary Education Officer;

(i) “section” means a section of the Act;(j) (i) “pre-primary stage” means a stage

of school education prior to theprimary Stage;

(ii) “primary stage” means a stage ofeducation from class I to V ( bothinclusive);

(iii)“middle stage” means stage ofschool education from class VI toVIII (both inclusive );

(iv) “secondary stage” means a stage ofa school education from class IX toclass X (both inclusive);

(v) “senior secondary stage” means astage of school education from classXI to XII (both inclusive);

(k) “Nationalized Bank” means the StateBank of India constituted under section3 of the State Bank of India Act,1955(23 of 1955) or a subsidiary bankconstituted under section 3 of the State

***Inserted vide notificationNo. S.O.3/H.A.12/1999/S.24/2007 dated : 19-01-2007

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Bank of India (Subsidiary Banks) Act,1959(38 of 1959), or a correspondingnew bank constituted under section 3of the Banking Companies (Acquisitionand Transfer of Undertakings) Act,1970 (5 of 1970) or corresponding newbank constituted under section 3 of theBanking Companies (Acquisition andTransfer of Undertakings) Act, 1980,(40 of 1980);

(l) “Prescribed” means prescribed by rulesmade under this Act;

(m)“public examination” means an exami-nation conducted by Board of SchoolEducation, Haryana, the Central Boardof School Education, Council for IndianSchool Certificate Examinations, or anyother Board;

(n) “Schedule bank” means a bank includedin the Second Schedule to the ReserveBank of India Act, 1934 (2 of 1934);

(o) words and expressions used in theserules but not defined, shall have thesame meaning as assigned in the Act;–

[(p) the words “Director Primary Education”and “District Primary EducationOfficer”, wherever occurring, the wordsand signs, “Director ElementaryEducation” and “Additional DistrictEducation Officer”, as the case may be,shall respectively be substituted.]***



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CHAPTER IIESTABLISHMENT, RECOGNITION, MANAGING

COMMITTEE AND GRANT-IN-AID TOSCHOOLS

[3. (1) No school in the State can function,establish or start classes without the prior approvalor permission of the Director. Every schoolestablished by any individual or association ofindividuals or firm or society or trust or company,shall follow the norms specified under these rules.Any act or disobedience on the part of the schoolmanaging committee contrary to the provisions ofthese rules shall make it liable,—

(i) to discontinue the functioning ofsuch schools;

(ii) to be prosecuted under the relevantlaw if such disobedience or actcauses or tends to cause danger tothe life, health, and safety of thestudents;

(iii) for the imposition of penalty notexceeding Rs.15000 in the case ofprimary schools, Rs.20,000 in thecase of middle schools andRs.25,000 in the case of secondaryand senior secondary school foreach such violation.

(2) Before taking any such action undersub-rule (1), a fifteen days notice shall be given tothe managing committee to explain their positionregarding the aforesaid notice. On receipt of replyand after giving a personal hearing, if required,Director shall be competent to take any of the actionagainst the managing committee under theserules.]***

Regulation ofeducation in schools.

sections 3 and 24(2) (a).


***Substituted vide notificationNo. S.O.3/H.A.12/1999/S.24/2007 dated : 19-01-2007

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4. The schools shall be classified into any of thefollowing categories, namely:—

(a) (i) Pre-Primary schools, that is to say,schools imparting education belowthe primary stage;

(ii) Primary Schools, that is to say,schools imparting primary stage ofeducation, having classes I -V;

(iii)Middle schools, that is to say,schools imparting middle stage ofeducation, having classes I-VIII orVI -VIII;

(iv) Secondary schools, that is to say,schools imparting secondary stageof education, having classes upto Xwith or without primary classes;

(v) Senior secondary schools, that is tosay, schools imparting seniorsecondary stage of education,having classes upto XII with orwithout primary classes.

[(vi) Boys school, that is to say, a schoolin which admission is open toboys;

(vii) Girls school, that is to say, a schoolin which only girls are admitted;***

(viii) Co-educational school, that is tosay, a school in which boys and girlscan be admitted without anydistinction and follow the samecourses of study.]***

(b) District Institutes of EducationalTraining and Government ElementaryTeachers Training Institutes, PrivateTeachers Training Institutes impartingteachers training below degree level.

Classificationof schools.sections 3 and 24 (2) (a).


***added vide notificationNo. S.O.3/H.A.12/1999/S.24/2007 dated : 19-01-2007

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[5. Hindi shall be the preferred medium ofinstructions in all schools. However the institutionshall be at liberty to adopt other medium ofinstruction under intimation to the appropriateauthority.]***

6. In teaching of languages in classes VI to VIII,the three language formula as adopted by theGovernment, shall be followed.

7. Any linguistic minority which intends to setup school with the object of imparting education inthe mother tongue of such linguistic minority, shallbe permitted to do so.

8. The School may also provide for the cause ofliteracy the following facilities, namely:-

(a) Adult Education Centres;

(b) Bal Kendras; Balwadis;

(c) Education of children who havediscontinued studies;

(d) Literacy centers.

9. (1) The courses of study in primary andmiddle stages shall be such as may be specified orrecommended by the Director in consultation withthe Curriculum Committee.

(2) The courses of studies for thesecondary stage and senior secondary stage shall besuch as may be specified or recommended by theAffiliating Board.

10. The Director or Affiliating Board as the casemay be, shall, while specifying the syllabi (for theprimary, middle, secondary and senior secondarystage) shall decide about the contents to be laid down.However, recognized un-aided schools may adoptany text books based upon such contents.

Medium ofinstructions.

sections 3 and 24 (2) (a).

Three languageformula.


Right of linguisticminorities to set

up school.sections 3 and 24 (2) (a).

Other facilities.sections 3 and 24 (2) (a).

Course of study.sections 3 and 24 (2) (a).

Matter to be providedin the syllabi.

sections 3 and 24 (2) (a)



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11. The Director may, in consultation with theCurriculum Committee, provide for co-curricularactivities in recognized schools.

12. (a) There shall be a committee constitutedby the Director, to be called the CurriculumCommittee, to advise the Government on syllabi andthe specification or recommendation of books forthe primary and middle stages of education. TheCurriculum Committee may advise the Governmentwith regard to co-curricular and extra-curricularactivities to be undertaken in a recognized schooland also with regard to non formal education topersons who are unable to obtain formal education.

(b) The Curriculum Committee shallconsist of the following members:-

(i) Director State Council of Educationand Research Training, as theex-officio Chairman of the Committee;

(ii) One member from Central Board ofSecondary Education or NationalCouncil of Education and ResearchTraining;

(iii)One representative of the Board ofSchool Education, Haryana to benominated by the Chairman of theBoard;

(iv) One Head of private school and oneHead of Government school to benominated by Director;

(v) Five experts of different subjectsfrom State Council of Education andResearch Training.;

(vi) Officer Incharge, Textbook Cell ofState Council of Education and

Power of Director tospecify coursesof study.sections 3 and 24 (2) (a).

Power of Director tospecify co-curricularactivities.sections 3 and 24 (2) (a).


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Research Training shall be themember Secretary of the Committee.

13. Every member of the CurriculumCommittee shall hold office for a period of threeyears from the date of his nomination and shall beeligible for re-nomination for a like period and shall,notwithstanding the expiry of the term of his office,continue to hold such office until his successor isnominated. However, the Director have the right toremove / replace any member before completion ofhis tenure, if the work and conduct of the member isnot satisfactory.

14. (1) The Curriculum Committee shall meetatleast once in six months;

Provided that such meeting shall not be held laterthan the 30th September every year for decidingcurriculum for next session:

Provided further that the Chairman of theCurriculum Committee may call a special meetingof the Curriculum Committee to consider anymatter within the purview of the CurriculumCommittee.

(2) Six members of the CurriculumCommittee present at a meeting shall forum quorumfor the meeting of the Committee:

Provided that where the meeting of theCurriculum Committee is adjourned due to theabsence of quorum it shall be necessary to holdsubsequent meetings where atleast three membersshall forum a quorum.

(3) A member of the CurriculumCommittee who has any financial or other interestin any book which is under the consideration of theCurriculum Committee for approval as a text book,shall not participate in the deliberations of theCurriculum Committee with regard to the approvalof that book as a text book.

Term of office.sections 3 and 24 (2) (a).

Meeting andquorum.



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15. (1) The Curriculum Committee shallregulate its own procedure;

(2) The Curriculum Committee may appointsuch subject panels as it may deem necessaryconsisting of its own members or specialists whoare not members of the Curriculum Committee.

16. The members of the Curriculum Committeeor any panel constituted by it, shall be entitled tosuch traveling and daily allowances as areadmissible to the non-official members ofCurriculum Committees and Boards in accordancewith the orders issued by the Government from timeto time.

17. (1) In every school, suitable provision shallbe made for social services, physical, cultural,environmental, moral and recreational activities.

(2) The head of school shall organize ageneral system of school games so as to provideopportunities for participation by all students andshall provide the students with the equipment neededfor such games.

18. (1) The Director shall, by order, specify thetime at which all schools, (including Private schools)shall commence and conclude the daily school hoursand different timings may be specified for differentseasons of the year or for schools running in oneshift or multiple shifts (irrespective of affiliation toany Education Board):

Provided that the total school hours in a year forthe middle, secondary and senior secondary stage ofeducation shall not, ordinarily, be less than 1000hours:

Provided further that in addition to 1000 schoolhours, a teacher may not be required to devote morethan 200 hours in a year for remedial or otherteaching.

Procedure of thecommittee.sections 3 and 24 (2) (a).

Traveling and dailyallowances.sections 3 and 24 (2) (a).

Physicaleducation.sections 3 and 24(2)(a) (b).

School hours.sections 3 and 24 (2) (a) (b).


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(2) The head of school with prior permissionof District Education Officer / District PrimaryEducation Officer concerned can change the time.

19. (1) The starting and closing of academicsession and school timings shall be made as per thedirections issued by the Director form time to time.

(2) It shall be obligatory for all the schoolsto arrange appropriate functions in the school tocelebrate Independence day and Republic Day asdeclared by the State.

(3) The terminal examination and the finalexamination will be held so as to ensure uniformityin all the schools in a particular academic year.

20. (1) Save as otherwise provided in sub rule(1) of rule18, the total number of working daysincluding examination days, for the Middle,Secondary and Senior Secondary stage of educationshall not be less than 220 in a year.

(2) Subject to the provision of sub-rule (1)of rule18, the following shall be the authorizedholidays for recognized schools, namely:-

(a) all holidays notified by theGovernment for schools;

(b) summer vacation: 6 weeks as perinstructions of the Director fromtime to time;

(c) festival: 6 days as per instructionsof the Director from time to time;

(d) winter vacation: 10 days as perinstructions of the Director fromtime to time;

(e) The local holidays: 4 days shouldbe observed by the school with theapproval of the Block EducationOfficer in case of Primary schools,

Academic session andschool timings.

sections 3 and 24 (2) (a) (b).

Vacation andholidays.

sections 3 and 24(2)(a)(b).


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Sub-Divisional Education Officer incase of Secondary Schools andDistrict Education Officer, in caseof Senior Secondary Schools.

(3) In addition to the holidays referred to insub-rule(2), leave may be granted to studentspreparing for the examinations of the AffiliatingBoard for such period as may be specified by thatBoard.

Provided that preparatory leave shall be givenonly when the head of school is satisfied that thecourses of study have been completed at the school.

21. School hours specified in rule 18 and thenumber of working days specified in rule 20 shallnot apply in the case of in-formal, or drop out, oradult education..

22. The observance of rules of discipline andgood behaviour shall be a condition essential to astudent’s continuance in a school. In such cases thedecision of Head of school shall be final.

23. (1) The following shall be the disciplinarymeasures which may be adopted by a school indealing with:-

(a) all students - fine and/ or detentionduring the break, for neglect of classwork, but no detention shall be madeafter the school hours;

(b) students who have attained the ageof fourteen years regarding -(i) expulsion,(ii) rustication,

(2) For the avoidance of doubts, it is herebydeclared that the disciplinary measures specified in

School hours andnumber of workingdays not to apply tonon-formal education.sections 3 and 24(2) (a) (b).

Discipline andpunishment etc.sections 3 and 24 (2) (a) (b).

Forms ofdisciplinary measures.sections 3 and 24(2)(a) (b).


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clause(b) of sub-rule (1) shall not be imposed onany student upto 8th class.

(3) Fine may be imposed on a student in thefollowing cases namely:

(a) late attendance;(b) absence from class without proper

application from the parent orguardian;

(c) truancy;(d) willful damage to school property;(e) delay in payment of school fees and

dues,(4) Expulsion shall debar a student from

being re-admitted to the school from where he isexpelled but shall not preclude his admission.

(5) Where a student is rusticated, he shallnot be admitted to any school till the expiry of theperiod of rustication.

(6) No student shall be expelled orrusticated from a school except after giving the parentor guardian of the students a reasonable opportunityof showing cause against the proposed action.Note:

Expulsion or rustication shall be resorted to onlyin cases to grave offences where the retention of thestudent in the school is likely to endanger its moraltone of discipline.

24. (1) The name of a student may be struck offthe rolls by the head of the school on account of:-

(a) non-payment of fees and other duesfor 10 days after the last day forpayment;

(b) continued absence without leave forsix consecutive days by a student of

Striking off the namefrom the rolls.

sections 3 and 24(2)(a)(b).


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class IX to XII and ten consecutivedays for a student of class VIII orbelow.

(2) In the case of absence of any studentfrom a school without leave for four consecutivedays, the head of school shall intimate such absenceto the parent or guardian of such student.

(3) In respect of payment of fees, howeverthe head of school may grant not more than 10 daysof grace in deserving cases on application by theparent or guardian.

25. No student shall indulge in any of theforbidden practices such as smoking, gambling,rowdyism and rude behaviour, use of violence in anyform etc.. or such forbidden practices as perdirections issued by the Director from time to time.

26. Recognized schools may if considernecessary to establish hostel for students shallprovide facility and accommodation, furniture,hostel superintendent, warden, medical and othercare of the hostels. The schools shall notify the feesand security to be charged from the pupils and shallsubmit the detail of minimum facilities beingprovided and the rate of fee proposed to theDirector before the commencement of each academicsession.

27. The Department may issue detailed instructionsregarding the maintenance and use of schoollibraries. The school libraries must be well equippedwith sufficient number of library books. The schoollibrary shall have minimum of :-

Primary School - 1000 books

Middle School - 2000 books

Secondary School - 3000 books

Senior Secondary School - 5000 books

Forbidden practice.sections 3 and 24(2)(a)(b).

Maintenance of hostel,hostel fee and security.sections 3 and 24 (2) (a) (b).

School libraries.-sections 3 and 24 (2)(a)(b)


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Provided that 25% of books mentioned aboveshall be made available at the initial stage andremaining books be made available within two yearsafter the date of the recognition.

In addition to above, library may have :-(a) Text books alongwith syllabus of

each class.(b) Sufficient number of daily

newspapers and magazines/journals.28. Every recognised school shall maintain the

following records:-(i) Stage wise admission and withdrawal(ii) Daily attendance of pupils(iii) Cash book showing all receipts and

expenditure(iv) Statistical register(v) An acquaintance roll of teachers(vi) An acquaintance roll of scholarships(vii) Pay bill register(viii) Movement register(ix) Time table adjustment register(x) Log book(xi) A visitors’ book(xii) A fee and fund register(xiii) An order book(xiv) Hostel register only where Hostels are

there(xv) Catalogue of library books and book

issue.(xvi) Registers showing results of home

examination and other examinations

Records.sections 3 and 24(2)(a)(b).


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(xvii) Property and stock(xviii) Diary and dispatch register(xix) Contributory Provident Fund (CPF)(xx) Pupils progress(xxi) Any other record prescribed by the

Director from time to time.[29. (1) Every individual or association of

individuals or firm or society registered underSocieties Registration Act, 1860 (21 of 1860), or trustcreated under the Indian Trusts Act, 1882 (2 of 1882),or company registered under the Companies Act,1956 (1 of 1956), shall apply to the appropriateauthority in Form-I alongwith demand draft ofRs.1,000/- for primary school, Rs.2,500/- for middleschool, Rs.5,000/- for high school and Rs.10,000/-for senior secondary school as processing fee infavour of Director expressing their intention toestablish such school.]***

(2) The applicant in addition to theapplication referred to in sub-rule (1), shall give anundertaking containing the following particulars,namely:-

(a) the area in which the new school isproposed to be established, and theapproximate number of studentslikely to be enrolled in that school;

(b) the stage of education intended tobe imparted in the new school;

(c) the particulars includingmeasurements of the building orother structures in which the schoolis proposed to be run;

(d) the financial resources from whichthe expenses for the establishment

Opening andestablishment of newschool in the State.sections 3 and 24(2)(a)(c).



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and running of the school shall bemet;

(e) the composition of the managingcommittee of the proposed newschool until the new school isrecognized and a new managingcommittee is constituted inaccordance with the scheme ofmanaging committee made underthese rules;

(f) the proposed procedure, until itsrecognition under these rules, for theselection of the head of the schooland other teachers and non-teachingstaff and the minimum qualifications for their recruitment;

[(g) the proposed salary of the staff tobe notified. The salary so notifiedshall not be less than minimum wagepolicy of the state, if notified byLabour Department for the classescovered under minimum Wages Act,and for teaching staff any minimumsalary standards specified byEducation Department/ DeputyCommissioner;]***

(h) admission, tuition and other fees andfunds which would be levied andcollected until its recognition underthese rules, from the student of theproposed new school;

(i) any other facility which is proposedto be provided for the students ofthe proposed new school.

(3) The [appropriate Authority]* may,after considering the particulars specified in theapplication sub-rule (1) and after making such



*Substituted vide notificationNo. S.O.22/H.A.12/1999/S.24/2004 dated : 20-02-2004

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inquiries as deemed fit inform the person or personsby whom the application was given to him whetheror not opening of the proposed new school wouldbe, in the public interest, within 90 days from thereceipt of this application. If no decision is takenwithin such period, it will be deemed to have beenpermitted. However, such permission does notenable school to get recognition automatically forwhich the applicant shall have to fulfill all therequired conditions;

[(4) The permission granted to establish anew school shall be effective from the date decidedupon by the appropriate authority and ordinarily itshall be granted from the date of commencement ofnext academic session. The permission shall be validfor two academic sessions only.]1***

RECOGNITION OF SCHOOLS30. (1) No private school shall be recognized, or

continue to be recognized, by the appropriateauthority unless the school fulfils the followingconditions, namely:-

[(a) (i) the school is run by an individualor association of individuals or firmor society registered under theSocieties Registration Act, 1860 (21of 1860), or trust created under theIndian Trusts Act, 1882 (2 of 1882),or company registered under theCompanies Act, 1956 (1 of 1956),and is managed in accordance witha scheme of management madeunder these rules alongwith acertificate of appropriate authorityregarding area of operation in theState of Haryana;]2***

Conditions forrecognition.sections 3,4 and 24(2)(d)(e).


2***Substituted vide notificationNo. S.O.3/H.A.12/1999/S.24/2007 dated : 19-01-2007

1***added vide notificationNo. S.O.3/H.A.12/1999/S.24/2007 dated : 19-01-2007

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(ii) the prior approval from the[appropriate Authority]* foropening of new school has beenobtained and copy of such approvalis attached with the form ofapplication as referred to rule 29;

(iii)no admission beyond Class-III shallbe made by any school before thesanction of its recognition or in itsanticipation;

(iv) that all the teachers are suitablytrained with minimum qualificationsas per Appendix A and areacademically and otherwise suitableto teach in these schools and the rateof salary being paid to the staff asnotified;

(v) that the terms on which theteachers are engaged are reflectedin the written agreement betweenthe managing committee and eachteacher as per Appendix B and thesame are attached;

(vi) that the school follows approvedcourses of instructions as providedin these rules;

(vii) that the admission to the school isopen to all without anydiscrimination based on religion,caste, race, place of birth or anyother whimsical or for extraneousreasons, except in the case ofminority schools, however, whichshall maintain transparency inadmissions;

(viii)that the managing committeeobserves the provisions of theserules;



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(ix) that minimum norms for land andxbuilding in which school is carriedon are in accordance with sub-rule30 (b).

[(x) that the managing committee hassubmitted the owner’s deed of theland - school building as well as playground in the name of individual orassociation of individuals orsociety or firm or trust or companyfrom the Revenue Department. Incase the land is more than one patch,the sizera of land duly countersignedby the Tehsildar or Sub DivisionalMagistrate concerned that thepatches of land are adjacent to eachother, if not at one place the distancebetween the buildings/patches bespecified;]***

(xi) that the school building is properlyplanned, ventilated and spacious asper architectural norms approved bydistrict town planner / municipality/ registered architect;

(xii)that a building safety certificate hasbeen obtained from Public WorksDepartment/municipality/registeredengineer;

(xiii)that if there is any businesspremises in any part of the buildingin which school is run, the portionin which the school is run isseparate from such businesspremises. A certificate to this effectshould be attached with theapplication form.

(xiv)that furniture and equipment areadequate and suitable for aneducational institution;



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(xv)that the salaries of teachers and non-teaching staff are paid regularly;

(xvi)that the pledge money as per subrule 30(2) has been deposited in thename of District Education Officer/District Primary Education Officerconcerned (by designation);

(xvii) that the school buildings or otherstructures or the grounds are notused during the day or night forcommercial or residential purposes(except separate residence of anyemployee of the school away fromacademic wing) or for communal,political or non-educational activityof any kind whatsoever;

(xviii) that there is no thoroughfare orpublic passage through any part ofthe school premises;

[(xix) that the sanitary arrangements atthe school are adequate and are keptin good order. A hygienic certificateshall be obtained from ChiefMedical Officer/Local MedicalAuthority;]***

(xx) that drinking water arrangementsare adequate;

(xxi) that there is a provision ofelectricity fitting and electric fansin each classroom;

(xxii) that no teacher or student of theschool is compelled to attend a classin which religious instruction isgiven or take part in any religiousactivity. No teacher or studentabsenting himself from religious



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instruction or religious activity ismade to suffer any disability on thataccount and student is refusedadmission to the school becauseexemption from attendance atreligious exercises or religiousinstruction has been claimed by himor his parent or guardians:

Provided this provision shall not beapplicableto minority school.

(xxiii) that there should be no complaint/inquiry pending against schoolbuilding / managing committeeseeking recognition. An undertakingto this effect that land / building isfree from litigation shall besubmitted;

(xxiv) that facilities are provided forteaching of languages in accordancewith the three language formula,adopted by the Government;

(xxv) that the school is open toinspection by any officer authorizedby appropriate authority/ Director;

(xxvi) that the school furnishes suchreports and information as may berequired by the Director from timeto time and complies with suchinstructions of the appropriateauthority or the Director as may beissued to ensure the continuedfulfillment of the condition ofrecognition or the removal ofdeficiencies in the working of theschool;

(xxvii) that the school shall maintain allrecords as per rule 28. All recordsof the school are open to inspection


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by any officer authorized by theDirector or the appropriateauthority at any time, and the schoolfurnishes such information as maybe necessary to enable theGovernment or the Director todischarge its or his obligations to theaffiliated board, as the case may be;

[(xxviii) that the school shall not be inoperation from residential buildingsor building not ear-marked forschool in the State of Haryana;

(xxix) that a fire certificate shall beobtained from local fireauthority;

(xxx) that schools shall provide atleastone computer with modem andinternet connectivity.]***

[(b) Minimum norms for land and buildings(i) Land

School Rural/Urban/ Controlled areasPrimary 0.5 AcreMiddle 1.0 AcreSecondary 2.0 AcreSenior Secondary 2.0 AcreProvided that the norms of land for the schools

running recognized/unrecognized beforecommencement of Haryana School Education Rules,2003, shall be as under:- School Rural/Urban/ Rural/ Urban/

Controlled areas Controlled areas (for single storey (for double storey

building) building) Primary 500 Sq. meters 350 Sq. meters Middle 800 Sq. meters 600 Sq. meters Secondary 2000 Sq. meters 1500 Sq. meters



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Senior Secondary (i) Arts & 3000 Sq.meters 2250 Sq. meters Commerce. (ii) Arts/ 4000 Sq.meters 3000 Sq. meters Commerce & Science

In addition to above, these schools shall provideor make arrangement for adequate play groundwithin the radius of 500 meter according to thenumber of students.

The covered area and open area shall be in theratio of 35/65%:

Provided further that the schools mentioned inthe first proviso shall continue upto the stageaccording to these norms, but if they desire to add orstart higher classes or up-grade the school or changeof building or change of name, they shall have tofulfill and to provide land and building as per normsrequired for the establishment of new school.Note: - A private school can be run in a rented

building/ land on lease hold basis witha minimum period of twenty yearsirrevocable lease deed provided suchschool fulfills the norms of land andbuilding as specified under these rules;

(ii) Building-(a) classroom: Minimum size - 24' x 18'

or equivalent area. Height ofclassroom shall be atleast 10 feet:

Provided that the school running asrecognized/unrecognized before thecommencement of the Haryana SchoolEducation Rules, 2003, the minimumsize of classroom shall be fixed keepingin view the per square feet gross area/requirement per student;


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(b) number of classrooms shall be equalto the number of sections in theschool. The classroom shall havetwo doors, requisite number ofwindows and proper ventilation;

(c) number of students in a section shallnot be more than fifty. It is furthersubject to the condition thatnumber of students in the classroomshall not be more than the studentscalculated on the basis of 10 squarefeet per student for secondary andsenior secondary schools and 9square feet per student forelementary stage/nursery stage;

(d) verandaThere shall be veranda with every classroom:

8 feet in width for single loaded;10 feet in width for double loaded;Provided that the school running asrecognized/ unrecognized beforecommencement of the Haryana SchoolEducation Rules, 2003, the norms forveranda shall be as under:-

6 feet in width for single loaded;8 feet in width for double loaded;

(e) the school shall provide thefollowing facilities:—· Toilet and urinals (staff, boys and

separate for girls at a far offdistance). Additional toilet to beadded after every 200 students

· Electricity facility· Drinking water facility· Boundary wall· Proper space for morning assembly


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(f) in case of middle, high and seniorsecondary school, the followingrooms in addition to class-roomsshall be provided:-· Room for head of the school· Office room· Staff room· Library room· Laboratory for practical subject

(according to the stream/eachsubject)

· One room for ComputerLaboratory. The school shall haveatleast one computer with modemand internet connectivity forofficial and school managementpurpose;

(g) every school shall provide ramp atplinth level.

(h) the school building having morethan one storey shall provide oneramp and one staircase of atleast 6’width:

Provided that the school running beforecommencement of the Haryana SchoolEducation Rules, 2003, the norms forstairs and ramp shall be as under:—

Stair: 4.6 feet additional stairs after in width distance of 40 feet

Ramp:6 feet If the school do not provide in width ramp than they shall arrange the

classes of handicapped students atthe ground floor.

The appropriate authority shall be competent torelax the size of land and building upto ten percentand also allow minor variations which would other-wise not affect health and safety of students and staff;


49

(2) Pledge money atleast equal to sixmonths basic pay of the staff but in no case less thanthe amount as mentioned below, shall be depositedin the name of Director School Education (bydesignation), in the shape of fixed deposit or bankguarantee not less than a period of three years:—

Stage Class Rs.Primary I-V 50,000Middle I-VIII 1,00,000Secondary I-X 1,50,000Senior Secondary I-XII 2,00,000

The pledge money shall be utilized in case ofnon-payment of salary to the staff or to redeem anyunforeseen liabilities of the school.]***

(3) Every private school should provide thefollowing facilities:-

(i) Physical education: Suitable playground for the purposes ofgames, sports, and materials for suchgames and sports;

(ii) Laboratory work: Each school shall have a well equippedlaboratory for each practical subjectwith at least five sets of equipments foreach practical as per syllabus.

(iii) Workshop practice: Well equipped workshops shall beprovided by school as per requirement.

(iv) Co-curricular activities: As many co-curricular activities, as maybe possible, so as to give to every



50

student an opportunity of participatingin one or more of the followingactivities, namely:

(a) debates;(b) recitation or elocution;(c) dramatics;(d) music (including folk songs),

dancing (including folk dances);(e) hobbies of different types;(f) mock / youth parliament;(g) house system;(h) prefectorial system;(i) class competition;(j) National Cadet Corps / National

Social Service;(k) scouts and guides / cubs and bulbuls;(l) Science clubs;(m) Eco labs / clubs;(n) activities providing for social

services; and(o) any other co-curricular activity.

[(4) The accounts of the school applied forrecognition, shall be audited by the department. Thedepartment shall take in consideration the auditobservation for the recognition of the school.]***

[31. (1) Every private school seeking recognitionshall make an application, in Form II, to theappropriate authority alongwith Rs. 1000/- forprimary school, Rs. 2500/- for middle school,Rs. 5000/- for high school and Rs. 10000/- forsenior secondary school as processing fee in the formof demand draft in favour of Director. Theapplication shall be supported with certificates

Procedure forapplication.sections 3, 4 and 24(2)(d).



51

issued by appropriate authority given below. Suchapplication shall either be delivered to theappropriate authority through any individual or sentto that authority by a registered postacknowledgment due six months before starting ofacademic session i.e. before 30 September ofpreceding year. The appropriate authority grantingrecognition shall inform the managing committee by30th December of preceding year.Appropriate authority to issue certificates. Sr. No. Item Authority

1. Ownership of Land Sub Divisional Magistrate.

2. Construction of Building District town planner/municipality/registeredarchitect/ empanelledarchitect

3. Safety of Building Public works Department/Municipality/RegisteredEngineer/empanelledEngineer

4. Fire Safety Fire Officer, authorized agencyby Central Government orState Government

5. Hygienic Chief Medical Officer, SeniorMedical Officer,empanelledMedical Officer

6. No Objection Municipal area: municipality/Certificate municipal council/localregarding land use authority

Out side municipality As notified underarea like urban area/ relevant laws.controlled area/rural area:

(2) Omitted***(3) If recognition is refused, managing

committee may file an appeal against it to appellateauthority within thirty days from date ofcommunication to it of such refusal alongwith feeof appeal as laid down in rule 192. The appellateauthority shall decide the case and inform themanaging committee within two months. Thedecision of the appellate authority shall be final.]***



52

(4) The detailed procedure regarding dealing ofthe application for recognition shall be issued by theGovernment separately.32. (1) The scheme of management in relation to arecognized school shall provide that.

(a) the managing committee running theschool duly approved by theappropriate authority shall consist ofnot less than seven members;

(b) subject to the total number of membersspecified in clause (a), everymanaging committee shall include thefollowing members, namely:

(i) the head of the school as an ex-officiomember with the right to vote;

(ii) one parent, who is a member of theParent Teacher’ Association of theschool, constituted in accordance withsuch instructions as may be issued bythe Director, and is elected by thatAssociation;

(iii) one teacher for every twenty teachersof that school, to be elected by theteachers of the school from amongstthemselves;

(iv) two other persons of whom one shallbe a woman;

(v) in the case of Aided school membernominated by Director.

(vi)the remaining members to be nominatedor elected, as the case may be, inaccordance with the rules andregulations of the society or trust bywhich the school is run.

[(c) In case a school authority runs morethan one institutions, the said authority

Scheme ofmanagement.sections 3 and 24 (2) (i)


53

shall constitute a separate managingcommittee for each school under theserules.]***

(2) The scheme of managing committee shallalso provide for the following matters, namely:-

(a) the term of office of the members of themanaging committee and the manner ofits reconstitution or filling of anyvacancy occurring therein;

(b) in the case of society/ firm, the dates ofholding elections shall be notified atleast 30days before the date of election.It will be made through public noticesin at least two News papers one ofwhich must be in vernacular of videcirculation;

[Provided that where the number ofmembers is less than fifty the societyor firm may send the notice of electionatleast fifteen days before the date ofelection through Under PostalCertificate letters.]***

(c) the purpose of elections to the managingcommittee, the head of the school shallbe the returning officer and shallconduct, and be incharge of, the elections;

(d) in the case of aided schools theelection shall be held under theobservation of nominee of theDirector;

(e) the composition of the managingcommittee during the tenure of themembers referred to in sub-clauses (ii)and (iii) of clause (b) of sub-rule (1)shall be communicated to the Director/District Education Officer/ DistrictPrimary Education Officer, as the case



54

may be, within seven days from the datewhen such change takes place;

(f) the duties, powers and responsibilitiesof the managing committee, which shallinclude control over appointments,disciplinary action, and control on staff,and shall also provide that no financialirregularity is committed or anyirregular procedure is followed;

(g) the expiry of term of managingcommittee or any change in themanaging committee should be notifiedto the appropriate authority. In case ofaided schools the approval of theappropriate authority is required as andwhen a new managing committee isconstituted or there is any change in themanaging committee;

(h) the managing committee shall ensurethat the school gets furniture, scienceequipment, library books and otherteaching aids, and requisite sportsmaterials;

(1) the duties, powers and responsibilities ofthe head of the school, which shall provide thathe shall:-

(i) function as the head of the schoolof the school under his charge andcarry out all administrative dutiesrequired of institution;

(ii) be the drawing and disbursingofficer for the employees of theschool;

(iii)be responsible for the propermaintenance of accounts of theschool, school records, servicebooks of teachers, and such other


55

registers, returns and statistics asmay be specified by the Departmentfrom time to time;

(iv) handle official correspondencerelating to the school and furnishwithin the specified dates, thereturns and information required bythe Department;

(v) make, in the case of recognisedschools, all payments (includingsalaries and allowances of teachersand other non-teaching staff) in timeand according to the instructionsgoverning such payments:Provided that where head of the

school is so authorized by the Department,in the case of an aided school, all suchpayments according to theinstructions governing such payments;

(vi) ensure that the tuition fees, wherelevied, are realised andappropriately accounted for andduly appropriated for the purposefor which they were levied;

(vii) make purchases of stores and othermaterials required for the school inaccordance with the rulesgoverning such purchases and enterall such stores in the stock registerand shall scrutinize the bills andmake payments;

(viii) conduct physical verification ofschool property and stocks atleastonce a year and ensure themaintenance of stock registersneatly and accurately;

(ix) be responsible for proper utilizationof the pupils’ fund;


56

(x) make satisfactory arrangements forthe supply of goods, drinking waterand provide other facilities for thepupils and ensure that the schoolbuilding, its fixtures and furniture,office equipment, lavatories, playgrounds, school garden and otherproperties are properly and carefullymaintained;

(xi) supervise, guide and control thework of the teaching and non-teach-ing staff of the school;

(xii) be in charge of admissions in theschool, preparation of schooltimetable, allocation of duties andteaching load to the teachers, andshall provide necessary facilities tothe teachers in the discharge of theirduties and conduct of schoolexaminations in accordance with theinstructions issued by theDepartment from time to time, andhe shall discharge these duties inconsultation with his colleagues;

(xiii) plan the year’s academic work inadvance in consultation with hiscolleagues and hold staff meeting atleast once a month, review the workdone during the month and assessthe progress of the pupils;

(xiv) help and guide the teachers andpromote their professional growthand towards the end, activelyencourage their participation incourses designed for in-serviceeducation;

(xv)promote the initiative of theteachers for self -improvement and


57

encourage them to undertakeexperiments which areeducationally sound;

(xvi) supervise class room teaching andsecure co-operation and co-ordination amongst teachers of thesame subject area as well as inter-subject co-ordination;

(xvii) arrange for special remedialteaching of the children (belongingto the weaker sections of thecommunity as also of other children)who need such remedial teaching;

(xviii) arrange for informal and non-class room teaching;

(xix) plan and specify a regular time-table for the scrutiny of pupils’written work and home assignmentand ensure that the assessment andcorrections are carried out timelyand effectively;

(xx)make necessary arrangements fororganizing special instructions forthe pupils according to their needs;

(xxi) organize and co-ordinate variousco-curricular activities through thehouse system and~ in such othereffective way as he may think fit;

(xxii) develop and organize the libraryresources and reading facilities inthe school and ensure that thepupils and teachers have access toand use of books and journals ofestablished value and usefulness;

(xxiii) send regularly the progress reportof the students to their parents orguardians;


58

(xxiv) promote the physical well-being ofthe pupils, secure high standards ofcleanliness and health habits, andarrange periodical medicalexaminations of the students andsend medical report to parents orguardians;

(xxv) devote atleast twelve periods in aweek to the teaching of the pupils;

(i) appointment of the manager; the termsand conditions of his appointment hiseducational and social status, removalof the manager; filling up of casualvacancy in the office of the manager;

(j) Duties and responsibilities of themanager:

(i) no employee of a school shall beappointed as the manager;

(ii) bills (including bills relating to thesalaries and allowances of theteachers and non-teaching staff)shall be jointly signed by themanager and the head of the school;

(iii)the administration and academicwork of the school shall be attendedto by the head of school. Themanager shall not interfere with theday-to-day administration andacademic work of the school;

(iv) the members of the managingcommittee of a recognised schoolsshall not be entitled to anyremuneration, honorarium orallowance but may be permitted todraw allowances for attending themeeting of the managing


59

committee at a rate of dailyallowances or travelling allowancesadmissible to the non-officialmembers of the committees, boardsas fixed by the managingcommittee from time to time;

(v) no members of the managingcommittee shall be entitled toparticipate in any meeting at whichhis personal conduct is underdiscussion;

(vi) the managing committee shall besubject to the control and supervisionof the trust or society by which suchschool is run;

(vii) manager shall not be at the sametime the manager of any otherschool and a person shall not be atthe same time the chairman of themanaging committee and the manager;

(3) The managing committee of an existingschool [ including schools where Administrator hasbeen appointed under section 10]*** shall make thedraft of scheme of managing committee after thecommencement of these rules and shall submit suchdraft to the appropriate authority within 90 days fromsuch commencement:

Provided that the appropriate authority may, aftergiving to the managing committee a reasonableopportunity of being heard, make such alterationsor modifications in the draft scheme of managingcommittee as the circumstance of the case may require.

(4) The managing committee of an existingschool shall bring, within ninety days from the dateof approval of the scheme of managing committee bythe appropriate authority the composition thereof inconformity with the scheme of managing committeeas approved by the appropriate authority.



60

[(5) (i) Where the Administrator has beenappointed under section 10, it is theduty of the Administrator to constitutethe managing committee before theexpiry of the period specified insection 10. The Administrator shall issuenotice to the members of the societyregarding holding of elections as perprovisions laid down in these rules.

(ii) In case, the Administrator fails toconstitute a managing committee, heshall send a status report to theDirector well before the expiry of thetenure of Administrator. The Directorshall take appropriate decision toconstitute the managing committee orto continue the Administrator for nextone year.

(iii) In no case Administrator shall continueafter three years.]***

33. (1) If any institution wants to seek affiliationto any Board/ Council other than the Haryana Boardof School Education it will seek recognition first.After this it may apply for the issuance of NoObjection Certificate (NOC) for affiliation to theconcerned Board./ Council with a processing fee ofRs.1000/- for Primary school, Rs. 2500/- for Middleschool, Rs. 5000/- for High school and Rs. 10000/-for Senior Secondary school in the form of DemandDraft in favour of Director. However, the provisionof the Act and these rules shall continue to apply asbefore even on those schools which have beenissued NOC for pursuing different courses of studiesfrom Boards / Council other than the HaryanaEducation Department./ Board of School EducationBhiwani.

(2) Any school which is already affiliatedto any Board other than Haryana School Education

Procedure ofaffiliation.sections 3 and 24(2)(V).



61

Board Bhiwani but has not been recognised, shallapply for the same within three months after thepublication of these rules in the official gazette.

(3) The schools affiliated to differentaffiliating Boards shall not be run in the samepremises.

[(4) No Objection Certificate (NOC) grantedto a school for affiliation with any Board shall beeffective from the date decided upon by theappropriate authority and ordinarily NOC shall begranted from the commencement of next academicsession. The NOC shall lapse if not utilized withintwo academic sessions. A fresh NOC is to be obtainedby the school from the appropriate authority. NOCshall be applicable only for the stage for which itwas granted and in no case be accepted byAffiliating Board for any other stage.]1***

34. (1) The appropriate authority to grantpermanent recognition to the schools, which seekrecognition, is as under:-

Class Appropriate authority[ I-V Director Elementary

Education.I-VIII Director Elementary(I-VIII or VI Education]2***to VIII)I -X Joint Director Head Quarter(VI -X or office of Director SecondaryVIII-X) EducationI-XII (VI- Director Secondary Education.XII or VIII -XII or X-XII)

[(2) There shall be a committee as constitutedby the Director School Education for physicalverification of private schools for recognition.]2***

Competent authorityto grant recognitionto schools.sections 3 and 24 (2) (d).




62

(3) The committee constituted above shallscreen the cases of recognition and give theirrecommendation after inspecting the schools to theappropriate authority within thirty days on receiptof the case.

(4) The appropriate authority shall takedecision on the recommendation of the committeeto grant recognition accordingly.Note:- 1. The schools established under the

provisions of these rules can apply forrecognition and the permanentrecognition shall be granted in the firstinstance.

2. In case of recognition of schoolstagewise recognition shall beconsidered only i.e if the school has gotpermanent recognition for primaryschool (I to V) only then it can applyfor the recognition of middle school(VI-VIII) and so on.

3. If a school is in a position to provideinfrastructural facilities upto any stagein the first instance, the school may beconsidered for recognition to that stageand not stage-wise by the appropriateauthority.

[(5) The school which has already beenrecognized for 10+2 stage and intendsto commence a new stream ofcommerce and science, shall apply tothe Director in Form-II. There shall bea committee for processing andrecommending the case for thecommencement of new stream consistingof following members, namely:-

(i) Joint Director : Chairmen(ii) District Education Officer : Member(iii) Member of recognized school : Member


63

The committee shall submit its report within aperiod of one month after visiting personally in theconcerned school.]***

35. The recognition given to a school shall beeffective from the date decided upon by the appropriateauthority and ordinarily recognition shall be givenfrom the date of commencement of the next academicyear.

36. No recognized school without giving fulljustification and without prior approval of theappropriate authority, shall open any new class otherthan which have received approval from theappropriate authority.

37. No managing committee shall close down arecognized school or an existing class in such schoolduring the academic session without giving fulljustification and without the prior approval of theappropriate authority.

[38. (1) All existing recognized schools shall berequired to submit application in Form II prescribedfor recognition alongwith demand draft of Rs. 1,000/- for primary/middle schools and Rs. 2,000/- for high/senior secondary in favour of Director within aperiod of three months from the commencement ofthese amended rules. Each school shall submit itsplan for improving its infrastructure where it doesnot conform to the provisions of these rulesalongwith application spread over a period of oneyear where specific milestone shall be fixed forevery six months.

(2) Every existing recognized school orschools which are already affiliated with Boards orCouncil of Indian School Certificate Examinationother than Board of School Education after obtaining‘No Objection Certificate (NOC)’ from theGovernment shall be deemed to have been recognized

Date ofrecognition.

sections 3 and 24 (2)(d).

Opening of newclasses in schools.

sections 3 and 24 (2)(a).

Closing down of aschool or any class in a

school.sections 3 and 24(2)(a)(c).

Existing recognizedschools to apply to theappropriate authority.section 3 and 24(2) (a),

(b) and (d).



64

under section 4 and shall be subject to the provisionsof the Act and these rules:

Provided that the norms for size of classroomsand number of classrooms and others requirementsof such schools shall be the same as prescribed forunrecognized schools running in the Sate before thecommencement of the Haryana School EducationRules, 2003.

(3) The Department shall constitute acommittee for each District consisting of two membersto be selected by the Director from local reputedrecognized school of respective District and onenominee of the Department to process suchapplications.]***

39. The recognition granted to schools affiliatedto any board shall be reviewed after every [tenyears].* If the managing committee fails to complywith any of the conditions and facilities specified inthese rules, the appropriate authority can withdrawits recognition after giving a reasonable opportunityand one months time to show cause of the proposedaction.

40. Recognition granted under these rules shallnot entitle for financial aid or any other benefit fromGovernment.

41. The recognition granted to a school shalllapse unless it is availed of within a year from thedate on which it is to be effective.

[42. (1) The appropriate authority may withdrawrecognition/NOC of a school after giving a writtennotice, drawing the attention of acts of omission andcommission contrary to the Acts/rules or directionsissued theirunder to the managing committee eitherdirectly or through Principal/ Head of the institution.

Review ofrecognition after everyfive years.sections 3 and 24 (2) (a)(b) and (d).

Financial aid.sections 3 and 24 (2)(a) (b) and (d).

Recognition to lapse if notavailed of within a year.sections 3 and 24 (2) (a)(b) and (d).

Lapse of recognitionin other cases.sections 3 and 24 (2)(a)(b) and (d).


***Substituted vide notificationNo. S.O.3/H.A.12/1999/S.24/2007 dated : 19-01-2007*added vide notificationNo. S.O.22/H.A.12/1999/S.24/2004 dated : 20-02-2004

65

(2) The recognition/NOC of the school shalllapse if the school,–

(a) ceased to exist; or(b) where the recognition/NOC has not

been used within two academicsessions; or

(c) without the approval of appropriateauthority—

(i) transferred to a different building orlocality;

(ii) transferred to a managing committeeor trust or individual or associationof individuals or company;

(iii) changes its name;(d) where two or more schools running in

the same building/premises affiliatedwith two different boards/council.

(e) has not complied with one or more ofthe conditions of recognition, specifiedin these rules.

(3) Branches opened by the managing committeeof a school already recognized shall be treated asnew schools for the purpose of recognition i.e. nomanaging committee is allowed to run two schoolsaffiliated with different Boards/Council in the samebuilding/premises.

(4) If the school authority fails to satisfy theappropriate authority of the lapse within thirty daysfrom the date of service of such notice therecognition/NOC shall stand lapsed.

(5) The schools referred to in sub-rule (2)(c)above shall apply to the appropriate authority in anapplication alongwith documents such as resolutionof managing committee, ownership of land, approvedplan and an undertaking regarding any consequentliability/dispute.


66

(6) (a) There shall be a committee for processingand recommending the case consistingof following members, namely: -

(i) Joint Director school - Chairman

(ii) District Education Officer - Member(iii) Member of Recognized - Schools

Member

(b) The committee shall submit its reportwithin a period of one month and mayvisit the concerned school and inspect/call for any record relevant for makingrecommendations.]1***

43. (1) The appropriate authority may withdraw/suspend the recognition/NOC of a school after givinga reasonable opportunity against the proposed actionto be taken against the school in the followingcircumstances:-

(a) if a school ceases to fulfill anyrequirement of the Act or any of theconditions of these rules;

(b) if a school is found involved inmalpractices such as mass copying inpublic examination conducted by anyBoard or bogus enrolment ortempering of records or non co-operation to appropriate authority [ormoral turpitude etc.]2*** its recognition/NOC shall be withdrawn without anynotice and the concerned Board shallbe intimated ( be asked to withdraw itsaffiliation);

(c) if the managing committee of the schoolobtains recognition/NOC by fraud,mis-representing or suppressing anyparticulars or after obtainingrecognition/NOC fails to continue to

Suspension orwithdrawal ofrecognition/NOC.sections 3 and 24 (2) (a)(b) and (d).



***Inserted vide notificationNo. S.O.3/H.A.12/1999/S.24/2007 dated:19-01-2007

/NOC Inserted afterrecognition wherever occurringNo. S.O.3/H.A.12/1999/S.24/2007 dated : 19-01-2007

67

comply with any of the conditionsspecified in these rules the appropriateauthority after giving a reasonableopportunity and one month notice toshow cause against proposed action canwithdraw recognition/NOC;

(d) a recognized school which provides forhostel facilities shall comply with theprovisions of these rules and theinstructions made there-under, and incase of any default in complying withsuch provisions or instructions, theappropriate authority may for reasonsto be recorded in writing, withdraw therecognition/NOC in relation to theschool itself:

Provided that where the appropriate authority issatisfied that the deficiencies or defects are capableof immediate or early removal, it may, instead ofwithdrawing the recognition suspend the recognition/NOC for such period as it may deem fit and directthe managing committee of the school to remedy thedeficiencies or defects to the satisfaction of theappropriate authority during such period:

Provided further that where the recognition/NOCof a school has been withdrawn or suspended, noappropriate authority shall grant recognition to suchschool whether run by the name by which it wasknown at the time of such withdrawal or suspensionor by any other name, unless the school has removedthe deficiencies or defects for which therecognition/NOC has been withdrawn or suspended.

(2) The withdrawal / suspension ofrecognition/NOC of a school shall be effective fromfirst day of new academic session.

(3) Where recognition/NOC of any schoolis withdrawn, the reasons for withdrawal ofsuch recognition/NOC shall be communicated to the



68

managing committee within seven days from the dateon which the recognition/NOC is withdrawn.

(4) Any managing committee aggrieved bythe withdrawal of recognition/NOC of the schoolmanaged by it may, within thirty days from the dateof communication to it of the withdrawal ofrecognition/NOC prefer an appeal against such with-drawal to the appellate authority. [The appeal feeshall be attached in the form of bank draft in favourof Director, as laid down in rule 192,]1***

44. Recognition/NOC once withdrawn or lapsedshall not be restored until the appellate authority issatisfied that the reasons which led to the withdrawalor lapse of recognition/NOC have been removed andthe school complies with the provisions of theserules.

45. (1) Every appeal against refusal by theappropriate authority to open a new school oraccord recognition to a school or withdrawingrecognition/NOC from an existing school shall bemade to the appellate authority.

[(2)Every such appeal shall be made in writingand shall be accompanied by a copy of the reasonsfor the refusal to establish a new school or to accordrecognition/NOC or withdrawal of recognition/NOC,within a period of thirty days from the date ofreceipt of such communication. The appeal fee shallbe attached in form of bank draft in favour ofDirector as laid down in rule 192.]2***

(3) The appellate authority shall dispose ofthe appeal within six months from the date ofpresentation of the appeal and if the appeal is notdisposed of within that period, the order for thewithdrawal for recognition/NOC shall stand cancelled.

(4) On hearing an appeal under sub rule (3),the appellate authority may after giving the appellantreasonable opportunity of being heard, confirm,modify or reverse an order appealed against.

Restoration ofrecognition/NOC.sections 3 and 24 (2) (a)(b) and (d).

Authorities to whichappeals may bepreferred.sections 3 and 24 (2)(a) (b), (c),(d)and (g).





69

GRANT-IN-AID46. The sole objective behind the grant-in-aid

by the Government for a limited number of posts isto promote expansion of education without interferingwith day to day managing committee and running ofthese private institutions in the State. Grant-in-aidare sums of money which are annually set apart fromthe general revenues. Such grants are given only forpurposes connected with secular instructions withoutreference to any religious instructions and under therules given hereafter.

47. Wherever, under these rules, the approval/sanction of the Department is required, the same maybe obtained from Director through the DistrictEducation Officer/ District Primary EducationOfficer. The Director have the right to review/revoke the sanction/ orders issued by the DistrictEducation Officer / District Primary EducationOfficer as the case may be.

48. No grant from Government funds may bemade, increased or withdrawn otherwise than asprovided in this chapter, except with the previoussanction of Government.

49. Grants awarded under the rules of thisChapter are payable out of State revenues to :-

(a) primary schools and primary stage ofMiddle, Secondary and SeniorSecondary Schools.

(b) Middle schools or Middle stage ofSecondary/ Senior Secondary Schools;

(c) Secondary / Senior Secondary Schools;(d) Special grant to special schools.

50. All correspondence with the Department onthe subject of grant-in-aid must be addressed to theDistrict Education Officer/ District PrimaryEducation Officer by the manager of the school.

Objects ofgrant.

sections 24 (2) (a) and 3.

Sanction of theDepartment.


Sanction ofGovernment required incases not providedfor.sections 24 (2) (a) and 3.

Source of grants andto whom payable.

sections 24(2)(a)(b) and 3.

Correspondence withthe Department.



70

51. (1) The managing committee of the schoolsseeking grant-in-aid have to give followingundertaking :-

(a) that it shall comply with theprovisions of the Act and these rules;

(b) that it shall fill in the posts in theschool with the Scheduled Castesand the Scheduled Tribes candidatesin accordance with the instructionsissued by the Department from timeto time and also maintain the rosterand other connected returns in thisbehalf;

(c) that it shall pay the pay andallowances, pension, gratuity, of thestaff within first week of everymonth. Failing which, Director maypay such sum of money as is foundto be due to any employee from suchschool, out of the aid payable to theaided school.

(d) that it shall fill in for such numberof posts in the school as have beenapproved by the Departmentwithout any discrimination or delayand strictly as per the recruitmentrules, prescribed for such posts;

(e) that it shall ensure that the head ofthe school possesses the necessaryrecord of an employee who is dueto retire from service after attainingthe age of superannuation orotherwise, with a view to avoid anydelay in sanctioning the pension,gratuity, provident fund to suchemployee of his family, as the casemay be; and

Conditions of grant.sections 24(2)(a)(b) and 3.


71

(f) that it shall attend to all the claimsof the service matter of theemployees of its school as and whenthey become due, promptly withoutany delay or discriminations, strictlyin accordance with the recruitmentrules or the instructions issued bythe Department from time to timeon the subject.

(2) The breach of any condition specifiedin sub-rule (1) shall render such school liable to beremoved from the grant-in-aid list.

(3) Any replacement consequent uponresignation and retirement shall be notified to theDepartment and the pay of the new incumbent shallbe fixed with the approval of the Department.

(4) No teacher in position shall be removedby the managing committee without prior approvalof the Department;

(5) The posts filled in by superannuatedteachers shall not admissible for grant.

52. Existing aided schools on the grant-in-aidlist of the Department, so long as they fulfil theconditions for receiving grant-in-aid, shall continuein the aid list and no fresh school shall be broughton the list of grant-in-aid in future.

53. The existing system of Kothari grant andMaintenance grant shall cease to exist from the dateof publication of these rules in the Official Gazette.Under the new scheme the salary grant alone willbe paid by the Government to the existing aidedschools in the State under these rules.

54. (1) The salary grant shall be calculated@ 75% or the amount fixed by the Government fromtime to time on the basis of the difference betweenthe approved expenditure and the approved income

Aid to existingschools.

sections 24(2)(a)(k) and 3.

Form of grants.sections 24 (2) (a) (k)

and 3.

Salary grant.sections 24(2)(a)(k) and 3.


72

made during the previous year by the school asdetailed below :-

(a) approved expenditure shall includesalaries of teaching and non-teachingstaff appointed on the sanctioned postsapproved by the Department includingDearness Allowance, House Rentallowance, City CompensatoryAllowance, Gratuity etc. etc. as givenbelow:-

(i) salary of teaching staff includingDearness Allowance, House Rentallowance, City CompensatoryAllowance;

(ii) salary of Non-teaching staffincluding Dearness Allowance,House Rent allowance, CityCompensatory Allowance;

(iii)salary of Class-IV (Group DEmployee,) including DearnessAllowance, House Rent allowance,City Compensatory Allowance;

(iv) death-cum-retirement-gratuitysanctioned by the Department;

(b) approved income shall include,-(i) tuition fee and admission fee;(ii) late fee fine;(iii)grant-in-aid in lieu of free-ship to

Scheduled Caste and BackwardClass students;

(iv) any other income/ grant received bythe school from any other source.

(2) The head of the school shall maintainaccount of income and expenditure which shall besubject to the audit.


73

55. (1) The managing committee of the schoolshall submit the claims of salary grant on the basisof deficit of actual expenditure and income duringthe previous year ending 31st March, in theprescribed proforma appended as Form III to theDistrict Education Officer/ District Primary EducationOfficer before the 31st May positively in triplicatealong with certificates required by the Department.The school authority shall also append the auditreport of Charted Accountant or qualified auditorapproved by the Department.

(2) The claims so received from the schoolsshall be scrutinized and checked with the originaldocuments of the school by the Section Officer (SAS)of Finance Department within one month from thedate of receipt.

(3) The District Education Officer/ DistrictPrimary Education Officer after making such enquiryinto the matter, shall forward all the claimsindicating the actual deficit of the school of thepreceding year along with recommendation to theDirector before 30th June, every year.

[(4) The grant shall be sanctioned and issuedpreferably in four installments on actual basis. Thefirst installment shall be issued provisionally on thebasis of the actual grant released in the previous year.The grant shall be paid by the concerned branchdealing with the matters of aided schools by chequequarterly in favour of ‘School Staff Account’ jointlyoperated by authorized officer of the Director andthe representative of the approved managingcommittee of the concerned school after verifyingthe claims of payment to the beneficiary school.

(5) The existing system to claim Death-cum-Retirement Gratuity (DCRG) through salary grantshall be discontinued. The managing committee shallpay the DCRG to the beneficiary within a period ofone month from the date of receipt of sanction from

Procedure of grant-in- aid.

sections 24 (2) (a) (h)and 3.


74

the Director. The managing committee shall submitits claim (75% Government Share) in the same year.The Director shall reimburse the claim to themanaging committee in the next quarter of the yearfrom the receipt of claim.]***

56. (1) In order to be eligible to receive grant-in-aid, a school shall employ adequate number ofqualified teaching and other staff as approved by theDepartment under the norms of post fixation or ashas been specified by him from to time to time.

(2) The pay of unqualified teachers shall notbe admissible charge for the assessment of grant-in-aid for the school.

(3) The Department may exclude fromemployment in any recognised school a teacherwhose certificate has been withdrawn or who hasafter due enquiry been declared unfit to be a teacherby the Department.

(4) No aid shall be admissible on anyspecial increment, allowance or financial benefitgiven to the employees by the managing committeeat its own level.

(5) No aid shall be granted in respect of anyemployee who is retained in service subsequent tothe attainment of the age of superannuation, exceptwhere a teacher, head of the school has obtainedNational or State award for rendering meritoriousservice with prior approval of the Department inaccordance with the general instructions issued bythe Department from time to time.

(6) No aid shall be admissible in the case ofan employee appointed by the managing committeeon part time basis.

(7) The minimum number of weekly periodof actual secular instruction required to qualify ateacher for full staff, grant shall not be less than thatlaid down by the Department from time to time.

Conditions ofinadmissibility ofgrant. sections 24 (2)(a) (k) and 3.



75

Provided that the staff grant may be reduced ordisallowed if this condition is not fulfilled.

(8) No grant shall be calculated more thanthe prescribed scale of the post sanctioned by theDepartment.

(9) No grant shall be allowed for the postfilled by the managing committee whereappointment procedure has not been adopted.

(10) The rate of dearness allowance, houseRent allowance, compensatory allowance shall be aclaim as allowed by the Department from time totime.

57. The number of students on the rolls of anaided school shall not fall below the number on thebasis of which aid was initially granted to suchschool, and the number of working days of suchschool shall not fall below 220 in a year; and wherethe number of students fall, below seventy-fivepercent of the first mentioned number or thenumber of working days falls below 220, aproportionate reduction of post shall be made in thegrant-in-aid payable to such schools.

58. The managing committee of the school shallmaintain a bill register showing exact amount ofpayment to the employee such as basic pay, dearnessallowance, house rent allowance, city compensatoryallowance etc. and also the deductions/ subscriptionsmade by the managing committee, failing which thegrant payable to the school shall not be assessed/released by the Department.

[59. (1) No grant shall be admissible to themanaging committee for the teachers found surplusby the inspecting officer on the basis of studentteacher ratio below the norms as fixed by theDepartment from time to time, after giving reasonableopportunity to the managing committee.

Enrolment andattendance.

sections 24(2)(a)(b) and 3.

Maintenance ofacquitance roll.

sections 24 (2) (a) (b)and 3.

Maintenance ofacquitance roll.

sections 24 (2) (a) (b)and 3.


76

(2) Rationalization of posts shall be doneafter every five years.

(3) The Director shall be competent totransfer the surplus post to another school as perrequirement in the same district or outside districtin the State. ]***

60. If the manager of a school is working on asalaried basis, no grant shall be admissible inrelation to the salary to such manager.

61. (1) The grant released by the Departmentshall be audited annually by such agency as may bespecified by the Department.

(2) Any recovery pointed out in the auditshall be taken into account in the next year’s claim/grants in case no representation against suchrecovery is received from the school authority withinone month from the date of receipt of the auditreport.

62. (1) The Director is competent to stop,reduce or suspend the grant-in-aid at any timesubject to provisions of these rules and due tofollowing reasons:-

(a) if any or more of the conditions forthe recognition, discipline,organization or instructions inschool are unsatisfactory; or

(b) if the managing committee of theschool fails, without any sufficientcause, to comply with anyprovisions of the Act or these rules; or

(c) if as a result of lack of discipline,the academic standards are likely tobe adversely affected; or

(d) if one or more of the conditions forthe recognition of school or the grant

Grant not admissible onthe salary of manager.sections 24 (2) (a) (b)and 3.

Audit.sections 24 (2) (a) and 3.

Stoppage, reductionor suspension ofgrant-in-aid.Section 24 (2) (a) and 3.



77

of any aid to a school has/have beenviolated;

(e) if the managing committee of theschool fails to initiate or finalizedisciplinary action against anemployee who has been placed undersuspension, pending contemplationof such disciplinary action, inaccordance with the provisions ofthese rule within a period of one yearof the date of suspension; or

(f) if the procedure as laid down undersub-sections (2) and (3) of section8 of the Act and of these rules havenot been followed in the case oftermination or dismissal fromservice of an employee or reductionin rank of an employee,notwithstanding that any or suchemployee is reinstated in service orrestored to his original position as aresult of the decision of the court oflaw or any competent authority: Provided that no aid shall bestopped, reduced or suspendedexcept after giving to the managingcommittee of the school a reasonableopportunity of showing causeagainst any of the proposed action.

(2) In case any managing committee of anexisting aided schools desires to get it de-aided hewill have the liberty to do so after observing thefollowing conditions, namely :-

(a) the managing committee shall passa resolution to this effect with atleast two-third majority of thegeneral body in the meetingconvened for this purpose.

(b) it will be the responsibility of thesuch managing committee to meet


78

the liabilities of staff for which theywere getting grant-in- aid and theliability of the State shall be limitedto the extent the benefits areadmissible under the pensionscheme as applicable from time totime.

[(3) After observing the conditions as laiddown in sub-rule (2) the managing committee shallmove an application with the proposal of setting upof claims of the employees working in the schoolfor de-aiding its school to the Director. The Directorshall pass order of de-aiding the school after verifyingthe application as per rule. If the decision is notconveyed by the Director to the managing committeewithin a period of six months, it shall be deemed tohave been de-aided. The grant-in-aid of the schoolshall be ceased from the date of application or anydate specified by the managing committee.]***

63. Government may review or modify theentire grant-in-aid scheme at any time withoutassigning any reason at its discretion depending onits state of finance.

64. (1) The managing committee of the schoolsshall pay the salary and allowances to the schoolstaff by the 7th of the following month.

(2) The managing committee of the schoolshall open apart from the school fund account anaccount to be called “School Staff Account” in aNationalized or a Schedule bank for the payment ofsalary to the staff.

[(3) The ‘school staff’s account’ shall beoperated jointly by authorized officer of theDirector and the manager or head of the school or inhis absence by a member of the staff authorized bymanaging committee to act as head of the school.The managing committee of the school shall not becompetent to cease the ‘staff salary account.]***

Powers ofDepartment regardinggrants.sections 24 (2) and 3.

Procedure ofpayment ofsalaries and deposits.sections 24 (2), 3and 8.



79

(4) Every employee working in the aidedschool on the sanctioned post, shall also operate asaving account in the same bank where the “schoolstaff account” of the managing committee are inoperation.

(5) A separate account of each employee forcontributory provident fund shall be operated by themanaging committee and the employees share ofcontributory provident fund be deposited in therespective account of the employee every month.

(6) The managing committee of the schoolshall deposit the required amount in the “ school staffaccount” with the advice to transfer the amount tothe account of the concerned employees.

65. (1) The managing committee of a school,in relation to which aid has been reduced orsuspended, shall, if it runs the school after suchreduction or suspension of aid, discharge theobligation referred to in sub-section (2) of section 10.

(2) Non-payment of salary, gratuity, pensionetc. by the managing committee to their employeesfor which the grant-in-aid was released to theconcerned managing committee. It shall be lawfulfor the Director to pay, out of the aid payable to theaided school such sum of money as is found to bedue to any employee from such school.

CHAPTER – IIISCHOOL PROPERTY

66. School property means all movable andimmovable property belonging to or in the possessionof a school and all the rights and interests in or arisingout of such property, building and its appurtenance,play grounds, hostel, furniture, books, apparatus,maps equipment, utensils, cash, reserve funds,investment and bank balances.

Managing committeeto pay salary and

allowances.sections 24 (2), 3 and 8.

School property.sections 24 (2), 3 and 7.


80

67. Manager or the managing committee ofevery recognized school shall furnish to theappropriate authority, in Form IV, statements (intriplicate) of all movable and immovable propertiesof the school.

68. In case if the land/ building etc. allotted bythe Government/local authority to a school, suchmoveable/ immovable property shall not betransferred without the prior approval of theappropriate authority. In other case a managingcommittee may dispose off such property with thespecific resolution passed by the 2/3rd majority ofthe General Body meeting convened for thispurpose.

69. Any person aggrieved by the grant or refusalof permission under these rules may prefer anappeal to the Director within thirty days from thedate of communication of the grant or refusal orpermission to transfer school property and every suchappeal shall be preferred in an application andcontain the particulars of the school propertyproposed to be transferred: Provided that theDirector may, if he is so satisfied that the appellantwas prevented by sufficient cause from preferringthe appeal within the said period of thirty days,extend the period by such further period notexceeding thirty days, as he may think fit.

Particulars of schoolproperty to befurnished to theappropriate authority.sections 24 (2), 3 and 7.

Transfer of schoolproperty.sections 24 (2), 3 and 7.

Time for appeal.sections 24 (2), 3 and 7.


81

CHAPTER -IVTERMS AND CONDITIONS OF SERVICE OF

EMPLOYEES WORKING ON AIDEDSANCTIONED POST IN AIDED SCHOOLS,CONTRIBUTORY PROVIDNET FUND AND

TAKING OVER THE MANAGINGCOMMITTEE THEREOF

70. These rules shall be applicable to theemployees working on aided sanctioned posts onlyin the aided school.

71. The managing committee of every recognizedprivate aided school shall enter into a writtencontract of service with every employee of suchschool in Appendix B. A passport size photo of eachemployee shall be affixed on the proforma ofcontract of service, duly filled in.

72. Recruitment of all employees in each aidedschool shall be made by the managing committee onthe recommendation of the selection committee.

73. Every vacancy in an aided school shall befilled in by promotion, transfer or by directrecruitment under these rules with prior approval ofthe Department.

74. Every managing committee shall constitutea selection committee for the selection ofemployees on aided sanctioned post consisting of :

(a) in case of recruitment of the head ofthe school :

(i) the chairman/president of themanaging committee of theparticular school;

(ii) an educationist nominated by themanaging committee;

(iii)an educationist having experience ofschool education nominated by theDepartment;

Application.section 20 (1) and 8.

Contract of service.sections 20 (1) and 8.

Recruitment.sections 24 (2) and 8.

Filling of vacancies.sections 24 (2) and 8.

Selectioncommittee.

sections 24 (2) and 8.


82

(iv) a person having experience of theadministration of schools nominatedby the managing committee.

(b) in the case of an appointment of ateacher (other than the head of theschool):

(i) the chairman of the managingcommittee or a member of themanaging committee nominated bythe chairman;

(ii) the head of school;(iii)in the case of a primary school, a

female educationist having atleast10 years experience of schooleducation ;

(iv) an educationist with atleast 10 yearsexperience to be nominated by theDepartment;

(v) an expert on the subject in relationto which the teacher is proposed tobe appointed;

(c) in the case of an appointment of anyother employee (non teaching), notbeing an employee belonging toGroup D:

(i) the chairman of the managingcommittee or a member of themanaging committee, to benominated by the chairman ;

(ii) head of school;(iii)seniormost member of the staff ;(iv) a nominee of the Department;

(d) in the case of an appointment of aGroupD employee:

(i) the chairman of the managingcommittee or a member of themanaging committee nominated bythe chairman;


83

(ii) the head of school;(iii) seniormost staff member of the

school.(e) In the case of minority aided school the

recruitment procedure shall be inaccordance with the rules referred toChapter V.

[74A. The Director shall be competent to grantexpostfacto approval or relaxation in the procedureof recruitment.]1***

[75. As and when a vacancy of the head of schoolor a teacher arises due to dismissal or any otherreason thereof and managing committee advertisesto fill that vacancy, intimation to this effect shall alsobe given to the appropriate authority. The managingcommittee may give first preference in the selectionto the employees working in the school onunsanctioned post where the procedure of selectionhas already been adopted under the rules.]2***

76. The chairman of the managing committee,or, where he is not a member of the selectioncommittee, the member of the managing committeewho is nominated by the chairman to be a memberof the selection committee, shall be the chairman tothe selection committee.

77. The selection committee shall regulate itsown procedure for the selection of school staff.

78. Where a candidate for recruitment to any postin an aided school is related to any member of theselection committee, the member to whom he isrelated shall not be made the member of committee.

79. If a teacher resigns from his job he shall notbe relieved of his duties except after the expiry of aperiod of –

Expostfacto approval.sections 24 (2) and 8.

Intimation toappropriate

authority.sections 24 (2) and 8.

Chairman ofselection committee.


Selection ofschool staff.


Relation with memberof selection committee.


Relieving of duties.sections 24 (2) and 8.


1***Inserted vide notificationNo. S.O.3/H.A.12/1999/S.24/2007 dated : 19-01-20072***Substituted vide notificationNo. S.O.3/H.A.12/1999/S.24/2007 dated : 19-01-2007

84

(i) three months, in the case of apermanent teacher, from the date onwhich notice of intimation to leave theschool is given or by depositing threemonths salary in advance; and

(ii) one month, in the case of a teacher whois not permanent, from the date onwhich notice of intimation to leave theschool is given or by depositing onemonths salary in advance:

Provided that where the managing committee isin a position to provide for a substitute for suchteacher earlier than the respective period specifiedin the foregoing provisions, the managingcommittee may relieve the teacher of his duties onthe expiry of such earlier period.

80. (1) The appointment of every employee ofan aided school shall be made by its managingcommittee with the prior approval of the Department.

(2) An appointment letter on the AppendixC, shall be issued by the managing committee toevery employee appointed under sub rule (1).

(3) A copy of such appointment letter ofevery employee shall be sent to the DistrictEducation Officer/ District Primary EducationOfficer for record;

81. No aided school shall employ, except withthe prior approval of the Director an employee whohas been dismissed from service by anotherrecognised or Government school.

[82. (1) The minimum qualification forappointment of head of school and other categoriesof teachers and also non teaching staff in an aidedschool shall be as per Appendix A. Theseappointments shall be made by advertising at leastin two leading newspapers (Hindi and English).

Appointing authority.sections 24 (2) and 8.

Prohibition againstthe employment ofdismissed employees.sections 24 (2) and 8.

Minimumqualifications.sections 24 (2) and 8.


85

(2) The managing committee may appointa person having higher qualification than prescribedfor the post. The department shall only pay thesalary grant for the scale of the post as specified incolumn 4 of Appendix A to these rules. Additionalpayment, if any, on account of higher qualificationsshall be borne by the managing committee of aidedschools at their own.]***

83. (1) The scales of pay of the employees shallbe such as specified in column 4 of Appendix A tothese rules and modified / revised by theGovernment from time to time.

[(2)The rate of dearness allowance, HouseRent Allowance and City Compensatory Allowancepayable to these employees shall be such as may beallowed by the department from time to time to theaided schools.]***

84. (1) The initial pay of an employee, on firstappointment, shall be fixed ordinarily at theminimum of the scale of pay:

Provided that a higher initial pay, in the speci-fied scale of pay, may be given to a person by theappointing authority.

(2) The pay of an employee on promotionto a higher grade or post shall be determined by thesame rules as prescribed by the Department fromtime to time.

85. The minimum and maximum of age limit forrecruitment of teaching and nonteaching staff of anaided school, shall be such as may be specified bythe Department from time to time.

86. (1) Every appointment in an aided schoolshall be subject to the physical fitness and goodcharacter of the candidate.

(2) A candidate selected for appointmentshall be required to produce a medical certificate of

Scale of pay,dearness allowance.sections 24 (2) and 8.

Fixation of pay.sections 24 (2) and 8.

Age limit.sections 24 (2) and 8.

Medical certificate andcharacter certificate.sections 24 (2) and 8.



86

fitness from a hospital established or maintained byGovernment or any local authority and twocertificates from two different members ofParliament or members of State LegislativeAssembly or Gazetted Officers or member of localauthority, not related to the candidate, certifying thecharacter of the candidate.

(3) A copy of the medical certificate and acopy each of the certificates of character shall beenclosed with the grantinaid papers claiming fromthe Department for the first time.

87. (1) Every employee shall on initialappointment, be on probation for a period of oneyear which may be extended by the appointingauthority for another one year and services of anemployee may be terminated during the period ofprobation if the work and conduct of the employee,during the said period, is not in the opinion of theappointing authority, satisfactory. In such casesspeaking orders shall be made by the appointingauthority:

Provided that no termination from the service ofan employee on probation shall be made by a school,except with the prior approval of the Department.

(2) If the work and conduct of an employeeduring the period of probation is found to besatisfactory, he shall be, on the expiry of the periodof probation or the extended period of probation, asthe case may be, confirmed with effect from the dateof expiry of the said period.

(3) Nothing in this rule shall apply to anemployee who has been appointed to fill in atemporary vacancy or any vacancy for limitedperiod.

Probation.sections 24 (2) and 8.


87

88. (1) There shall be a seniority roster for eachcadre and the names of the employees appointed tothe posts in each cadre shall be arranged in theroster in accordance with this rule.

(2) Seniority of employees shall bedetermined by the order of merit in which they wereselected for appointment to the concerned post, thoseselected on an earlier occasion being ranked seniora selected later:

Provided that in a case where a joint seniorityroster of employees of each cadre common to allschools in Haryana used to be maintained bysociety or trust running such schools prior to thecommencement of these rules, interseseniority of allemployees of such schools shall continue to bemaintained jointly.

(3) Interseseniority between directrecruitment and promotees shall be determinedaccording to the rotation of vacancies betweendirect recruties and promotees which shall be basedon the quota of vacancies reserved for directrecruitment and promotion respectively in therecruitment rules.

(4) Interseseniority of the employees of anycadre shall be determined by the managingcommittee:

Provided that in a case where a joint seniorityroster of employees of each cadre common to allschools in State used to be maintained by thesociety or trust running such schools prior to thecommencement of these rules, such interseseniorityshall be determined by managing committee.

89. (1) For every employee, there shall bemaintained a service book in the following manner:

(i) It shall be kept in custody of headof the school.

(ii) Every step in employees’ officialservice must be recorded in the

Seniority.sections 24 (2) and 8.

Service record.sections 24 (2) and 8.


88

service book and each entry must beattested by the head of the schoolor, if he or she himself is head ofthe school by the manager of theschool.

(iii) All entries are duly made andattested and correction being neatlymade and properly attested.

(iv) Every period of suspension fromemployment and every otherinterruption shall be noted with fulldetail of its duration.

(v) The persons’ certificate ofcharacter, reduction for efficiency,reversion, promotion etc. must beentered in the service book.

(2) For every employee, there shall bemaintained personal file containing appointmentletter, academic certificates, annual confidentialreport and other important documents in relationthere to.

(3) The head of the school shall beresponsible to produce the service book and personalfile before the inspecting officer.

90. (1) Confidential reports of head of theschool and other employees shall be completed bythe end of September every year.

(2) Confidential reports in relation to thehead of the school and other employees of aidedschools, shall be maintained in form specified bythe Department in this behalf.

(3) The form referred to in sub rule (2) shallbe the same as applicable in Government schools atthat time:

Provided that if the head of the school or otheremployee refuses to affix his signature to the factualassessment of his work, the authority recording the

Confidentialreports.sections 24 (2) and 8.


89

confidential report shall make a record of suchrefusal and complete the confidential report.

(4) The confidential reports shall berecorded every year, by the head of the school inrespect of the employees working under him andevery such confidential report shall be reviewed bythe managing committee.

(5) The confidential report in respect of thehead of the School shall be recorded, every year, bythe chairman of the managing committee and everysuch confidential report shall be reviewed by themanaging committee.

(6) Any adverse entry in the confidentialreport, in relation to any head of the school or otheremployee shall be communicated to him by thechairman of the managing committee and every suchcommunication shall be made in accordance withthe instructions issued by the Department.

(7) Any employee of an aided school whois aggrieved by any adverse entry in his confidentialreport may, within fortyfive days from the date onwhich such adverse entry is communicated to him,prefer an appeal against such entry to theappropriate authority and the appropriate authoritymay, after giving to the recording authority areasonable opportunity of showing cause, make suchalterations in the entries in the confidential report.

(8) The confidential report in relation to thehead of the school shall be kept in the safe custodyof the chairman of the managing committee and theconfidential reports in relation to the otheremployees of the school shall be kept in the safecustody of the head of the school.


90

91. (1) The employees shall be entitled casualleave as under:

(a) Upto ten years service 10 days

(b) Ten to twenty years service 15 days

(c) Above twenty years service 20 days

(d) All female employees 20 days

(2) The head of school shall be competentto grant casual leave to the employees and in thecase of head of the school, the managing committee.

(3) The employees (teaching) shall also beentitled to ten days earned leave in lieu of half payleave on completion of one year.

(4) The employees (nonteaching) shall beentitled to earned leave as under:

(i) Upto the service of ten years @ 1/24 days

(ii) Above ten years upto twenty @ 1/18 daysyears of service

(iii) Above twenty years of service @ 1/12 days

These employees shall also be entitled to twentyhalf pay leave on completion of one year.

[(5) The benefit of leave encashment,facilities of leave travel concession, bonus andmedical reimbursement etc. shall be at the discretionof the managing committee. No grantinaid on thisaccount shall be reimbursed by the Department.]*

(6) The competent authority to sanction theleave other than casual leave shall be as under:

(i) Upto 30 days in head of the schoolcase of employees

(ii) Beyond 30 days managing committeeupto any extent

(iii) In case of head managing committeeof the school

(7) Application shall be sent to the managingcommittee by the head of the school with his remarksregarding the admissibility thereof and if the

Sanction of leave.sections 24 (2) and 8.



91

application for leave is made by the himself no suchremarks shall be required.

[(8) The maternity leave and miscarriageleave shall also be available to the femaleemployees as per instructions issued by theGovernment from time to time.]*

92. If an employee is deputed by the managingcommittee or head of school for the business of theaided school, he shall be entitled to get travelingallowances in accordance with the rates fixed bymanaging committee from time to time. Nograntinaid on this account shall be reimbursed bythe Department.

[93. (1) No teacher shall undertake privatetuition or private employment.]***

(2) Every teacher shall devote in a year notless than 1000 hours to the teaching of students, outof which not more than 200 hours may be devotedto for the coaching, in the school premises, of weakor gifted students, whether before or after the schoolhours.

94. Every employee of an aided school shall begoverned by a code of conduct and on the violationof any provision of such code of conduct theemployee shall be liable to such disciplinary actionas prescribed under these rules.

95. No employee shall, except with the previoussanction of the managing committee engage directlyor indirectly in any trade or business or undertakeany other employment:

Provided that a teacher may with permissionundertake honorary work of a purely social orcharitable nature or occasional work of a literacy,artistic nature or scientific nature subject to thecondition that his official duties do not suffer andthe head of the school or the managing committeedoes not object thereto.

Travellingallowance and daily

allowance.sections 24 (2) and 8.

Private tuition andteaching hours.


Code of conduct.sections 24 (2), 8 and 9.

Private trade oremployment.

sections 24 (2), 8 and 9.


*Inserted vide notificationNo. S.O.22/H.A.12/1999/S.24/2004 dated : 20-02-2004


92

96. An employee shall so manage his privateaffairs as to avoid habitual indebtness or insolvency.Any such employee against whom any legalproceedings are instituted for the recovery of anysum due from him or for adjudging him as insolventshall forthwith report the full facts of the legalproceedings, to the head of the school or themanaging committee.

97. No employee shall, except with thepermission of the head of the school or themanaging committee, appear in any examination.

98. No employee shall take part in, subscribe toor assist in any way, any movement which tends topromote feelings of hatred or enmity betweendifferent classes of subjects of India or to disturbpublic peace.

99. No employee shall, except with the priorpermission of the managing committee, wholly orin part conduct or participate in the editing ormanaging committee of any newspaper or otherperiodical publication.

100. No employee shall, except with the priorpermission of the managing committee, stand forelections to Parliament, State Legislative Assemblyor any local body.

101. No employee shall join or continue to be amember of an association unless such associationsatisfies the following conditions, namely:

(i) its membership is confined to a districtclass of employees and is open to allemployees of that class;

(ii) it is not in any way connected with anypolitical party or any organisation orengaged in any political activity.

Insolvency andhabitual indebtness.sections 24 (2), 8 and 9.

Appearance inexaminations.sections 24 (2),8 and 9.

Participation inactivities.sections 24 (2), 8 and 9.

Connection withthe presssections 24 (2), 8 and 9.

Taking part inelections.sections 24 (2),8 and 9.

Joining ofassociation byemployees.sections 24 (2),8 and 9.


93

102. (1) Every employee shall –(i) serve efficiently, act in a disciplined

manner and maintain absoluteintegrity and devotion to duty;

(ii) maintain cordial relations with thepupils and their parents, the need ofthe Institution, other employees, themanaging committee and theGovernment officer concerned; and

(iii)accept invigilation and answerbooks evaluation duties assigned bythe Board from time to time.

(2) No employee shall –(i) without sufficient ground, refuse to

undergo a course of trainingwhenever required to do so; and

(ii) take part in any activity, which inthe opinion of the head ofinstitution, is calculated to lead toindiscipline in the aided school.

(3) Unless otherwise expressly provided, anemployee shall, at all times, be at the disposal of theaided school and shall serve the school in suchcapacity and at such places as he may, from time totime be deputed by the head of the school or themanaging committee.

(4) Save in exceptional circumstances, noemployee shall absent himself from his dutywithout the prior permission of the head of the schoolor the managing committee.

(5) No employee shall –(i) accept or permit any member of his

family or any other person acting onhis behalf or accept, any gift fromany student, parent or any personwith whom he has come intocontact by virtue of his position inthe school.


General.sections 24 (2), 8 and 9.

94

Note: A casual meal, gift or other socialhospitality of a casual nature shall notinclude gift.

Explanation 1: The expression “gift” shall includefree transport, boarding, lodging orother service or any other pecuniaryadvantage when provided by theperson other than a near relation orpersonal friend having no dealings withhim in connection with the school.

Explanation 2: On occasions, such as weddings,anniversaries, funerals or religiousfunctions when the making of a gift isin conformity with the prevailingreligious or social practice, a teachermay accept a gift.

(ii) practice or invite any student topractice casteism, communalism oruntouchability;

(iii)cause or invite any other person tocause any damage to schoolproperty;

(iv) be guilty of or encourage violenceor any conduct which involvesmoral turpitude.

103. (1) Every employee of a aided school, shallhold office until he attains the age of 58 years. Incase of Group D employees, retirement age shall besixty years.

[(2) Notwithstanding anything contained insubrule (1) where a teacher, head of the school hasobtained National or State award for renderingmeritorious service as a teacher, head of the schoolor where he has received the National or Stateawards, the period of service of such teacher, maybe extended by two years or such period as per Statepolicy. In no case an employee shall go beyond sixtyyears. No employee shall be entitled to promotion

Retirement age.sections 24 (2) and 8.


95

during such extension period. The managingcommittee shall forward the case to the Director forsuch extension with the specific resolution. TheDirector is competent to grant such extension.]***

104.The resignation submitted by a temporaryemployee of an aided school shall be accepted withina period of thirty days and that by permanentemployee within a period of ninety days from thedate of receipt of the resignation by the managingcommittee with the approval of the appropriateauthority:

Provided that if no approval is received fromappropriate authority within thirty days, then suchapproval shall be deemed to have been receivedafter the expiry of the said period.

105.(1) Managing committee may place anemployee of an aided school, under suspension:

(a) where disciplinary proceedingsagainst such employee arecontemplated or pending; or

(b) where a case against him in respectof any criminal offence is underinvestigation or trial; or

(c) where he is charged withembezzlement; or

(d) where he is charged with crueltytowards any student or otheremployee of the school; or

(e) where he is charged withmisbehaviour towards any parents,guardian or employee of the school;or

(f) where he is charged with the breachof any other code of conduct.

(2) No order for suspension shall remain inforce for more than six months unless the managingcommittee, for reasons to be recorded in writing,

Resignation.sections 24 (2) and 8.

Suspension.sections 24 (2), 8 and 9.



96

directs the continuation of the suspension beyondthe period of six months:

Provided that where a suspension is continuedbeyond the period of six months the Director may, ifhe is of opinion that the suspension is beingunreasonably prolonged, revoke the order ofsuspension.

(3) An employee of an aided school, shallbe deemed to have been placed under suspension byan order of the appointing authority :

(a) with effect from the date of hisdetention, if he is detained in Policecustody for a period exceeding fortyeight hours on a charge of an offencewhich in the opinion of themanaging committee involves moralturpitude;

(b) with effect from the date of hisconviction, if in the event of aconviction for an offence involving,in the opinion of the managingcommittee, moral turpitude, he issentenced to a term of imprisonmentexceeding forty eight hours and isnot forthwith dismissed or removedfrom service consequent on suchconviction.

Explanation:The period of forty eight hours referredto in this rule shall be computed fromthe date of commencement of thedetention or conviction, as the case maybe, and for this purpose, intermittentperiods of detention shall be taken intoaccount.

(4) Where a penalty of dismissal, removalfrom service imposed upon an employee is set asideor rendered void, in consequence of or by, adecision of a court of law or of the Tribunal ; and thedisciplinary authority on a consideration of thecircumstances of the case decides to hold further


97

inquiry against such employee on the sameallegations on which the penalty of dismissal,removal was originally imposed, such employee shallbe deemed to have been placed under suspension bythe managing committee from the date of originalorder of dismissal, removal and shall continue toremain under suspension until further orders :

Provided that no such further enquiry shall beordered unless it is intended to meet a situation wherethe court has passed an order purely on technicalgrounds without going into the merits of the case.

(5) (a) An order of suspension made ordeemed to have been made in theserules shall continue to remain inforce until it is modified or revokedby the managing committee.

(b) Where an employee is suspendedor is deemed to have been suspendedand any other disciplinaryproceeding is commenced againsthim during the continuance of thatsuspension, the managingcommittee may for reasons to berecorded in writing, direct that theemployee shall continue to be un-der suspension until the terminationof all or any such proceeding.

(c) An order of suspension made ordeemed to have been made underthese rules may, at any time bemodified or revoked by themanaging committee.

[(6) Resignation of employee undersuspension shall not be accepted before taking finaldecision of suspension.]***

106. (1) An employee, under suspension shall,in relation to the period of suspension, be entitled tothe following payments, namely:

(a) Subsistence allowance as an amountequal to one half of the pay last

Subsistenceallowance.

sections 24 (2),8 and 9.



98

drawn by him and in addition to suchpay, dearness allowances at theappropriate rate to be paid in thesame manner as salary: Provided that where the periodof suspension is extended beyondsix months, the managing committeeshall be competent to vary theamount of subsistence allowance forany period subsequent to the periodof last six months as follows :

(i) the amount of subsistence allowancemay be increased by a suitableamount, not exceeding fifty percentof the subsistence allowanceadmissible for the first six months,if in the opinion of the managingcommittee, the period of suspensionhas been prolonged, for reasons notdirectly attributable to theemployee;

(ii) the amount of subsistence allowancemay be reduced by a suitableamount not exceeding fifty percentof the subsistence allowanceadmissible for the first six months,if in the opinion of the managingcommittee, the period of suspensionhas been prolonged due to reasonsto be recorded in writing directlyattributable to the employee;

(b) Any other compensatory allowanceadmissible, from time to time, on thebasis of pay of which the employee wasin receipt on the date of suspension:

Provided that the employee shall notbe entitled to the compensatory allowanceunless the managing committee issatisfied that the employee continues tomeet the expenditure for which suchcompensatory allowance is admissible;


99

(c) No payment of subsistence allowanceshall be made unless the employeefurnishes a certificate to the effect thathe is not engaged in any otheremployment, business, profession orvacation:

Provided that in the case of anemployee dismissed, removed fromservice, who is deemed to have beenplaced or to continue to be undersuspension and who fails to producesuch a certificate for any period orperiods during which he is deemed tobe placed or continue to be undersuspension, he shall be entitled to thesubsistence allowance and otherallowances equal to the amount bywhich his earnings during such periodor periods, as the case may be, fall shortof the amount of subsistence allowanceand other allowances which wouldhave otherwise been admissible to him.

(d) Where the subsistence and otherallowances admissible to him are equalto or less than the amount earned byhim, nothing under this rule shallapply to him.

(2) Where a suspended employee is exoneratedafter disciplinary proceeding or where any criminalprosecution against a suspended employee ends withan honourable acquittal, the salaries and allowancesof such employee minus the subsistence allowancereceived by him, shall be paid to him from the dateon which he was suspended.

107. The following penalties may, for good andsufficient reasons, including the breach of one ormore of the provisions of the code of conduct, beimposed upon an employee of an aided schoolwhether recognised or not, namely :

(a) Minor penalties :(i) censure;(ii) recovery from pay of the whole or

Penalties anddisciplinary authority.sections 24 (2), 8 and 9.


100

any part of any pecuniary losscaused to the school by negligenceor breach of orders;

(iii)withholding of increments of paywithout cumulative effect;

(iv) withholding of promotion.(b) Major penalties:

(i) reduction in rank ;(ii) withholding of increments of pay

with cumulative effect;(iii)compulsory retirement ;(iv) removal from service, which shall

not be a disqualification for futureemployment in any other aidedschool ;

(v) dismissal from service, which shallordinarily be a disqualification forfuture employment in any aidedschool.

Explanation: The following shall not amount to apenalty within the meaning of this rule,namely :

(a) stoppage at the efficiency bar on theground of unfitness to cross the bar;

(b) retirement of the employee inaccordance with the provisions relatingto the superannuation on retirement;

(c) discharge of an employee appointed onshortterm officiating vacancy caused bythe grant of leave, suspension or thelike.

108. The disciplinary authority in respect ofevery aided school shall be the managingcommittee of the school.

[108A. (1) If managing committee is of theopinion that it is in public interest to retire anemployee for the reasons to be recorded in writing,it shall have the right by giving the employeeconcerned, a prior notice, in writing, of not less than

Disciplinaryauthorities in respectof employees.sections 24 (2),8 and 9.

Compulsoryretirement.sections 8 and 24.


101

three months, to retire him on the date on which hecompletes twenty years of qualifying service or onany other dates thereafter to be specified in thenotice.

(2) If the retirement of the employee madeunder sub rule(1) is set aside by a court of law, allpecuniary liabilities consequent thereto from the dateof compulsory retirement upto the date of hisrejoining the post, shall devolve on the managingcommittee.]

109. No order imposing a minor penalty shall bemade except after informing the employee inwriting of the proposed action against him and theallegation on which such action is proposed to betaken and except after giving to the employee anopportunity to make any representation against theproposed action.

110. No order imposing on an employee anymajor penalty shall be made except after an inquiry,held, as far as may be, in the manner specifiedbelow :

(a) The disciplinary authority shall framedefinite charges on the basis of theallegations on which the inquiry isproposed to be held and a copy of thecharge together with the statement ofthe allegations and list of witnesses onwhich they are based shall be furnishedto the employee and he shall be requiredto submit within such time as may bespecified by the disciplinary authority,but not later than two weeks, a writtenstatement of his defence and also tostate whether he desires to be heard inperson;

(b) On receipt of the written statement ofdefence, or where no such statement isreceived within the specified time, the

Procedure forimposing minor

penalties.sections 24 (2),8 and 9.


Procedure forimposing major

penalty.sections 24 (2), 8 and 9.


102

disciplinary authority may itself makeinquiry into such of the charges as arenot admitted or if considers itnecessary so to do, managingcommittee shall appoint an inquiryofficer for the purpose, who willsubmit his report within three months.In case enquiry is not completed withinthree months, the inquiry officer willhave to take permission from themanaging committee for the extensionof time;

(c) At the conclusion of the inquiry, theinquiry officer shall prepare a report ofthe inquiry regarding his findings oneach of the charges together with thereasons therefor;

(d) The disciplinary authority shall considerthe record of the inquiry officer andrecord its findings on each charge andif the disciplinary authority is ofopinion that any major penalty shouldbe imposed, it shall :

(i) furnish to the employee a copy ofthe report of the inquiry officer,where an inquiry has been made bysuch officer;

(ii) give him notice in writing stating theaction proposed to be taken againsthim and calling upon to submit hisrepresentation within the specifiedtime of not less than 30 days;

[(iii) on receipt of the representation,if any, made by the employee,determine what penalty, if any, shallbe imposed on him beforecommunicate its final decision tohim it shall be referred to theappropriate authority for approval.The appropriate authority shall


103


convey the approval/disapproval tothe managing committee withinthirty days. If no decision is takenwithin such period, it shall be treatedas approved. The managingcommittee thereafter communicatesits final decision to the employeewith a copy to the appropriateauthority.]1***

111.(a) After receipt of the decision of thedisciplinary authority the employeeconcerned may present his appealagainst the order of the disciplinaryauthority to the District EducationOfficer/ District Primary EducationOfficer within 30 days of thereceipt of the order.

(b) After going through the facts and otherrelevant records relating to the case andhearing both the parties in person, theDistrict Education Officer/ DistrictPrimary Education Officer shallconvey the decision to the managingcommittee within 60 days from the dateof receipt of the such appeal.

(c) The decision shall be binding for boththe parties, however, the aggrievedparty may appeal to the Director within30 days from the date of receipt of thedecision.

(d) On receipt of the appeal from theaggrieved party i.e. disciplinaryauthority/ employee, Director mayrequire the disciplinary authority tofurnish relevant record of the case.

(e) After examining the record and givinghearing to the parties if requested, theDirector shall decide the appeal byupheld or remand or reduce/ enhancepenalty.

Appeal against thepenalty.2***

sections 24 (2), 8 and 9.

1***Substituted vide notification

No. S.O.3/H.A.12/1999/S.24/2007 dated : 19-01-20072***word proposed omitted

vide notification No. S.O.3/H.A.12/1999/S .24/2007dated : 19-01-2007

104

(f) The decision of the Director shall befinal and binding for both the parties:

Provided in the case of minorityaided schools the above provisionsregarding appeal shall be voluntary forthe said school whose managingcommittee may either adopt thisprovision of appeal or may devise theirown method and remedy forappeal, failing which the aggrievedparty will have its remedy under thecourt of law.

[(g) The appellate authority may entertainthe appeal after the expiry of the saidperiod of thirty days, if it is satisfiedthat the appellant was prevented bysufficient cause from filing the appealin time. Where an appeal is preferredunder clause (a) and (d), the first/second appellate authority, as the casemay be, may stay the enforcement ofthe relevant order for such period andon such conditions, as it deems fit.

(h) The Director may himself or on anapplication made by the aggrieved partyreview its own decision, if heconsiders that some points of facts wereleft from his view or ignorance of anymaterial fact or any error apparent onthe face of the record and pass freshorder as he deems fit.]***

112. (1) When an employee who has beendismissed or removed from service is reinstated as aresult of appeal or would have been so reinstatedbut for his retirement on superannuation whileunder suspension preceding the dismissal or removal,as the case may be, the managing committee shallconsider and make a specified order :

(a) with regard to the salary and allowancesto be paid to the employee for theperiod of his absence from duty,including the period of suspension

Pay and allowanceson reinstatement.sections 24 (2), 8 and 9.



105

preceding his dismissal or removal, asthe case may be; and

(b) whether or not the said period shall betreated as the period spent on duty.Whether qualifying for pay andallowance or pension.

(2) Where the managing committee is ofopinion that the employee who had been dismissedor removed from service has been fully, exonerated,the employee shall be paid the full salary andallowances to which he would have been entitledhad he not been dismissed or removed form serviceor suspended prior to such dismissal or removal formservice, as the case may be:

Provided that where the managing committee isof opinion that the termination of the proceedingsinstituted against the employee had been delayed dueto reasons directly attributable to the employee, itmay, after giving a reasonable opportunity to theemployee to make representation and afterconsidering the representation, if any, made by theemployee, direct, for reasons to be recorded by it inwriting, that the employee shall be paid for theperiod of such delay only such proportion of thesalary and allowances as it may determine.

(3) The payment of allowances shall besubject to all other conditions under which suchallowances are admissible and the proportion of thefull salary and allowances determined under theprovision to sub rule (2) shall not be less than thesubsistence allowance and other admissibleallowances.

CONTRIBUTORY PROVIDENT FUND113. In this Chapter unless the context otherwise

requires(a) “emoluments” mean basic pay, leave

salary or subsistence allowance;(b) “family” means,

Definitions.sections 24 (2) and 8.


106

(i) in the case of a male subscriber’, thewife and children of the subscriber,and the widow and children of adeceased son of the subscriber; and

(ii) in the case of a female subscriberthe husband and children of thesubscriber and widow and childrenof a deceased son of the subscriber.

Explanation: For the purposes of this clausechildren mean legitimate or adoptedchildren, provided that in the case ofadopted children it is proved to thesatisfaction of the District EducationOfficer / District Primary EducationOfficer that under the personal law ofthe subscriber adoption is legallyrecognized as conferring the status of anatural child.

(c) “fund” means the contributory providentfund;

(d) “interest” means the interest which ispaid by the bank or post office on thebalance at the credit of the subscriberin his account.

(e) “leave” means any kind of leaveadmissible to employees under theprovisions of these rules;

(f) “subscriber” means an employee whosubscribes to the fund;

(g) “year” means the financial yearbeginning with the first day of April andending on the 31 March.

114. The provisions contained in this chaptershall apply to all employees working on thesanctioned aided posts in the aided school The saidprovisions shall not apply to the employees appointedon probation on permanent post in an aided schoolunless they complete their probation periodsuccessfully. After the completion of the period of

Application of theprovisions.sections 24 (2) and 8.


107

probation successfully they shall have the option tosubscribe to the fund for the probation period also;

[Provided that the employee/retiree who has notavailed of the option till now, may give fresh optionto deposit the subscription to fund alongwithinterest at the prevailing rate as worked out byDirector within 90 days from the date ofcommencement of these rules.]***

115.(1) The fund shall be maintained by theconcerned school, duly pledged in the name ofDistrict Education Officer/ District PrimaryEducation concerned.

(2) The fund shall be maintained in Indianrupees.

(3) Every employee shall be a subscriber tothe fund. If an employee, who has become asubscriber to the fund and entitled to the benefitsthrereof had been a member of any provident fundpreviously, the balance at his credit in the previousfund shall be transferred to the fund together withthe contribution and interest, if any, thereon. Thebalance so carried forward shall be at the same rateof interest as for the new subscription.

116. Every subscriber shall, on joining the fund,sign a certificate in Form V.

117. The employee shall contribute towards thefund @ 10% per cent of basic pay or any other ratespecified by the Department from time to time. Anemployee may, however, subscribe voluntarily athigher rate than that specified by the Department.

118. (1) A subscriber, shall, at the time ofjoining the fund, furnish to the head of the schooland District Education Officer/District PrimaryEducation Officer concerned a nominationconferring on one or more persons the right toreceive the amount at his credit in the fund, in the

Maintenance of fund.sections 24 (2) and 8.

Signing of certificate.sections 24 (2) and 8.

Rate of contribution.sections 24 (2) and 8.

Nomination.sections 24 (2) and 8.



108

event of his death before that amount has becomepayable or having become payable has not been paid:

Provided that if at the time of making thenomination the subscriber has a family, thenomination shall not be made in the favour of anyperson other than the members of his family:

Provided further that the nomination made bythe subscriber in respect of any other provident fundto which he was subscribing before joining the fund,shall, if the amount to his credit in such other fundhas been transferred to his credit in the fund, bedeemed to be a nomination duly made under theserules, until he makes a nomination in accordance withthese rules.

Note: The application for admission to thefund shall not be forwarded to the headof the school unless it is accompaniedby nomination form duly completed bythe subscriber.

(2) If subscriber nominates more than oneperson, he shall specify in the nomination a sum, orshare in the amount of credit, in the fund payable toeach of the nominees.

(3) A subscriber may, at any time, cancelthe nomination by signing a notice in writing to theDistrict Education Officer/ District PrimaryEducation Officer through school. On receiving thenotice the nomination shall be cancelled and returnedto the subscriber.

(4) A subscriber shall, within a reasonabletime, send fresh nomination in accordance with theforegoing provision. If the subscriber fails tofurnish fresh nomination in accordance with theserules and the sum at his credit in the fund becomespayable as a result of his death, the payment thereofshall be made in accordance with these rules as if novalid nomination subsists.


109

(5) A subscriber any provide in his nomination :(a) That in respect of any specified

nominee predeceasing the subscriber,the right conferred upon that nomineeshall pass on to such other person orpersons as may be specified in thenomination:

Provided that such other persons orperson shall, if the subscriber has othermembers of his family, be such othermember or members;

(b) that the nomination shall becomeinvalid in the event of happening of acontingency specified therein:

Provided that if at the time of makingnomination, the subscriber has no familyhe shall provide in the nomination thatit shall become invalid in the event ofhis subsequently acquiring a family:

Provided further that if at the timeof making the nomination, a subscriberhas only one member of his family heshall provide in the nomination that theright conferred upon the alternatenominee under clause (a) shall becomeinvalid in the event of his subsequentlyacquiring other member or member inhis family.

(6) In the event of death of a nominee inrespect of whom no special provision has been madein the nomination under clause (a) of subrule (5) shallon the occurrence of such event by reasons of whichthe nomination becomes invalid in pursuance ofclause (b) of this subrule, the subscriber shall sendto the District Education Officer/ District PrimaryEducation Officer a notice in writing cancelling thesaid nomination together with a fresh nomination inaccordance with the provisions of this rule.

119. The accounts shall be maintained in thename of each subscriber by the head of the schoolconcerned.

Subscriber’s account.sections 24 (2) and 8.


110

120. (1) The subscription shall be realized fromthe pay of the employee at the time of disbursementof his pay and shall be deposited in the respectivefund account by the head of the school before the7th day of every following month.

(2) A subscriber may, at his option, notsubscriber during the period he remains on leave.

(3) The subscriber shall intimate his optionnot to subscribe in the following manner, namely :

(a) If he is not the head of the school bywriting to the head of school beforeproceeding on leave.

(b) If he is the head of the school, thenby writing to the managingcommittee before proceeding onleave.

(4) The failure to make due and timelyintimation shall be deemed to constitute an optionto subscribe. The option of the subscriber intimatedunder this subrule shall be final.

(5) The subscription shall be fixed by thesubscriber in round figure which shall not less than10% per cent of his emoluments.

Note: For the purpose of this rule, theemoluments of a subscriber shall be inthe case of a subscriber who was inservice on the 31st March of thepreceding year, the emoluments towhich he was entitled on that date,provided that

(a) if the subscriber was on leave on thesaid date and elected not tosubscribe during such leave or wasunder suspension on the said date,his emoluments shall be such as hewould draw on the first date afterhis return to duty; or

Realization ofsubscription.sections 24 (2) and 8.


111

(b) if the subscriber was on leave on thesaid date, and continues to be onleave and has elected to subscribeduring such leave his emolumentsshall be such as he was drawingimmediately, before proceeding onleave.

(6) If a subscriber elects to subscribeduring leave, his leave salary shall, for the purposesof this rule be deemed to be emoluments drawn onduty unless otherwise directed by DistrictEducation Officer/ District Primary Education Of-ficer.

121. The rate of interest on the amount, at thecredit of the subscriber in the fund account shall beallowed by the concerned bank/post office from timeto time, in which the amount is deposited.

122. A temporary advance may be granted to asubscriber from the amount subscribed by him tothe fund and interest earned thereon at the discretionof the District Education Officer/District PrimaryEducation Officer subject to the condition that noadvance shall be granted unless the District EducationOfficer/District Primary Education Officer issatisfied about the genuineness of the claim whichshould normally be

(i) to pay expenses in connection with theprolonged illness of the subscriber orany other person wholly dependentupon him and such expenses are beyondthe ordinary means of the subscriber;

(ii) to meet the expenses of education orcourses of studies, specified below, ofthe subscriber or any person whollydependent upon him,

(a) medical, engineering and othertechnical education or specializedcourses in India beyond the High

Interest.sections 24 (2) and 8.

Advance from fund.sections 24 (2) and 8.


112

school stage; provided that thecourses of study is not less than threeyears;

(b) academic, medical, engineering,vocational or any other specifiedcourse outside India;

(c) to meet obligatory expenses.

123. The permanent advance from fund may beallowed for the following purposes, namely:

(1) for the purchase of plot andconstruction of house @ 90% at hiscredit after completion of ten yearsservice;

(2) to meet the marriage expenses fordaughter and son @ 70% at his credit;

(3) to meet the expenses of education orcourse of higher studies such as,medical, engineering, technical educa-tion etc. upto 3 months basic pay or theactual fee of the above courseswhichever is less.

124. Where an employee leaves an aided schooland joins any other aided school within the State, itshall be lawful for the managing committee of theschool left by such employee to transfer to the aidedschool joined by such employee, the moneys standingin the fund to the credit of such employee on thedate when he had left the school and any other amountdue to him. It shall be lawful for the managingcommittee of the aided school so joined by theemployee to credit the said amounts to the fund andother accounts of the employee and to take intoaccount the period of approved service rendered bythe employee in the first mentioned school for thepurpose of counting of his pension and otherretirement benefits.

Permanent advance.sections 24 (2) and 8.

Transfer of fundand other moneys ofthe employee.sections 24 (2) and 8.


113

125. When a subscriber retires or expires orresigns or dismissed from his services shall becomeentitled for final payment of fund.

[126. Where the managing committee of theaided school is taken over in accordance with theprovisions of section 10, the grantinaid in respect ofsalary, gratuity, pension etc. (Government share only)shall be made through the Administrator. TheAdministrator shall operate ‘staff salary account’ asreferred to in rule 64. The Administrator shallsubmit his demand to the Director for the paymentof salary in advance. The advance shall be adjusted/recouped through salary grant payable to the school.Liability of the salary to the staff (Government share)shall be from the date of taking over the managementof school under section 10. As it is a stop gaparrangement for the smooth running and functioningof the school, therefore, the responsibility to paysalary to the staff is restricted to the extent of 75%(Government share) of salary. The remaining 25%(management share) shall be paid by the managingcommittee on its reconstitution:

Provided that the Administrator shall take thecharge of school building and its premises from themanaging committee and all the income from suchbuilding or its premises shall be taken as income ofthe said school.]***

127. (1) Where the managing committee omitsor fails to deposit its share of the salaries and otherallowances of the employees of the school, theDirector may authorize draw of such amount fromthe reserve fund as would be sufficient to meet themanaging committee’s share of the salaries andallowances of the employees.

(2) The Director may authorize to draw anysum from the reserve fund where such withdrawalfrom the reserve fund becomes necessary to make

Final payment.sections 24 (2) and 8.

Power to take overthe managing

committee of aidedschool.

sections 24(2) and 10

Power of Departmentto withdraw fromthe reserve fund.




114

any emergent repairs in the buildings of the schoolor for any other emergent purpose.

CHAPTER VPROVISIONS APPLICABLE TO MINORITY

SCHOOLS[128. (1)The managing committee of a minority

school desired to open a minority school under thiscategory shall apply to Director alongwithcertificate of minority community issued byappropriate authority of the State. The Director shalldecide whether it falls within that minority categoryand shall pass orders as he deems fit.]***

(2) minimum qualifications for theemployees of minority schools shall be as given inAppendix A.

(3) managing committee shall prescribe acode of conduct for its employees.

129.(1) Recruitment of the employees inrecognised minority school whether aided or unaidedshall be made on the recommendation of selectioncommittee to be constituted by the managingcommittee of that school.

(2) The selection committee shall include:–(a) in the case of recruitment of the head

of the school –(i) the President of the managing

committee;(ii) an educationist, nominated by the

managing committee; and(iii) a person having experience of

administration of schools, nominatedby the managing committee.

(b) in the case of recruitment of any teacherother than head of the school –

Application to open aminority school.sections 24 (2).

Recruitment.sections 24 (2) and 12.



115

(i) the President of the managingcommittee;

(ii) the head of the school; and(iii)an educationist, nominated by the

managing committee; and(c) in the case of recruitment of any other

employee–(i) the President of the managing

committee or any member or themanaging committee nominated bythe President; and

(ii) the head of the school.(3) The Selection Committee shall regulate

its own procedure regarding recruitment of employeesand, in the case of any difference of opinion amongstthe members of the Selection Committee on anymatter, the same shall be decided by the managingcommittee of the school.

(4) Where a candidate for recruitment to anypost in an unaided/ aided minority school is relatedto any member of the Selection Committee, themember to whom he is related, shall not participatein the selection and a new member shall benominated in his place by the managing committeeof the school.

CHAPTER VIADMISSION TO SCHOOLS AND FEES

A. Admission to recognised schools (aided orunaided)130. The Department may regulate admissions

to recognised schools or to class thereof in terms ofage limit, minimum level of competencies or inorder to comply with various provisions of the State/Central Act/laws.

Power of Departmentto regulate

admissions torecognised schools.



116

131.(1) Children between the age of 3 to 5 yearsshall be admitted in pre primary / nursery schools.

(2) The minimum age for admission in aprimary school shall be five years for class I., Nopupil, who has attained the age of 20 years up to the10th class and 22 years upto XII class, may beretained in recognised school;

[Provided that the Director shall be competentfor relaxation in the maximum age of admission.]***

(3) The admission of a child of thespecified age group shall be made effective witheffect from the first day of the academic year.

132. Save as otherwise provided in this Chapter,no school shall hold any test for admission toclass I.

133. (1) Admission of students in recognizedschool shall be made without any discrimination re-garding religion, race, caste, place of birth, or anyother consideration which may amount to prejudiceor bias. A minority school may have its own proce-dure and method of admission as well as selectionof students, but such a procedure must be fair andtransparent and on the basis of merit.

(2) In case of aided minority schoolsstudents other than the minority communities willbe admitted to the extent of available seats afterfulfilling all the seats from the particular minority.

134. No recognised school shall refuseadmission to any handicapped child upto 3% of thetotal seats available/filled in that school.

[134A. The recognized private schools shallreserve 25% seats for meritorious poor students. Theschool shall charge fee from these students at therate as charged in Government schools. The deficitof difference of fee shall be charged from the otherstudents of the school.]***

Age limit.sections 24 (2) and 15.

Admission test not tobe held by schools.sections 24 (2) and 15.

Admission to be madewithout anydiscrimination.sections 24 (2) and 15.

Admission tohandicapped children.sections 24 (2) and 15.

Reservation for poormeritorious students.sections 24(2) and 15



117

135.(1) A student who fails in finalexamination first time shall not be refusedreadmission in the school or class by the school fromwhich he had appeared at such examination.

(2) No school shall be allowed to compelthe child to leave the school forcibly on the basis ofpoor performance in the internal/ annualexamination during academic session.

136. (1) No student shall be admitted to arecognised school unless an application is signed byhis parent or guardian, has been submitted to suchschool.

(2) The parent or guardian shall state theexact date of birth of his child or ward in theapplication for admission and shall be supported bya certificate of birth issued by a local authority.

(3) Admission to out station transfer casesof wards of Central/State employees may beconsidered even by relaxing the norms fixed by theschool.

(4) Every application for admission to arecognised school shall be kept in a separate file andform part of the permanent record of the school.

(5) There shall be no admission above classIV stage without school leaving certificate (SLC) ofa recognised school;

[Provided that the students studying in anunrecognized school running before the commencementof these rules may be admitted to the recognizedschools on the basis of test during the academicsession 200708.]***

137. A newly admitted student shall have hisname entered on the rolls of the school on the dateon which he first attends his class after makingpayment of all specified dues.

Admission of failedstudents not to be

refused.sections 24 (2) and 15.

Manner of admission.sections 24 (2) and 15.

Entry on the rolls.sections 24 (2) and 15.



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138. Admission shall ordinarily be made once ayear and shall not be made after 31st day of Augustof the year. However there shall be no restriction onadmission to first class which will go round the yearand also to outstation transfer cases of wards ofcentral/State Government employees;

[Provided that the Director shall be competentfor relaxation of admission in exceptionalcircumstances.]***

139. (1) No student who had previously attendedany recognised school be admitted to any schoolunless he produces a transfer or school leavingcertificate from the school which was last attendedby him. In case of any doubt, head of institution mayverify such school leaving certificate from theauthority which issued such certificate.

(2) Where a student seeks admission to aschool on the basis of a transfer certificate grantedby a school in any State or Union Territory, otherthan Haryana, such transfer certificate shall be sent,for verification and countersignature by the head ofthe school in which admission is sought, to theeducation authority of the district in which the schoolfrom which the transfer certificate was obtained, issituated. However, the student may be admittedprovisionally pending the verification of thetransfer certificate and his admission shall beconfirmed only on the receipt of the verified transfercertificate from the State or Union Territoryconcerned.

140. (1) No student shall be admitted to class IXunless he has passed class VIII of a school as peraffiliation conditions of the Board.

(2) Student who has appeared as privatecandidate in class VIII at any public examination,and has failed to pass such examination, shall not beadmitted to class VIII or IX in a recognised school.

Admission to bemade once a year.sections 24 (2) and 15.

Admission ontransfer certificate.sections 24 (2) and 15.

Regulation ofadmission to class IX.sections 24 (2) and 15



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B. Fee, Fines and Funds in Aided Schools.141. Fee includes tuition fee, admission fee, late

fee and fine, absent fine and school leavingcertificate (SLC) fee.

142.(1) Admission fee upto class VIII shall becharged by an aided school keeping in view,Government instructions issued from time to time.

(2) Admission fee from students of classesIX to XII shall be charged by an aided schoolkeeping in view Government instructions issued fromtime to time.

(3) Admission fee prescribed per studentshall be charged and collected by the aided schoolsfor admission to the class mentioned in subrule (1)or (2) above but where a student has already paid anadmission fee, no admission fee shall be charged onhis promotion to any higher class in the same school,but if he joins any other aided school, the other schoolmay charge and collect admission fee from him.

(4) Every aided school shall issue schoolleaving certificate in case of transfer from one schoolto another school and shall charge school leavingcertificate fee according to Government instructionsissued from time to time.

(5) Absent fine, fine for late payment of feesetc. shall be charged from the student as perGovernment instructions issued from time to time.

143. Parents Teacher Association fund (PTAfund) from each student upto class VIII and fromclass IX to XII shall be charged according to theGovernment instructions issued from time to time.

144. Tuition fee shall be charged from thestudents by an aided school keeping in viewGovernment instructions issued from time to time,but no capitation fee shall be charged.

Fee and fines.sections 24 (2),15 and 16.

Admission fees.sections 24 (2), 15 and 16.

Parents TeacherAssociation fund.

sections 24 (2),15, 16and 17.

Tuition fees.sections 24 (2),15 and 16.


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145. (1) Pupils fund will be charged from thestudent by an aided school according to theGovernment instructions issued from time to time.

(2) Each aided school shall send the amountas share money out of pupils fund to the concernedDistrict Education Officer/ District PrimaryEducation Officer as per Government instructionsissued from time to time.

(3) The head of school may incur variousexpenditure out of the pupils fund at one time as perGovernment instructions issued from time to time.

(4) If any aided school does not deposit sharemoney of pupils funds by 30th September a penaltyshall be charged per day as per Governmentinstructions issued from time to time.

(5) In case of Senior Secondary stage, forpractical subjects such as Physics, Chemistry,Biology, Typing, Geography, Music, Home Scienceetc., as practical subject fee shall be charged as perGovernment instructions issued from time to time.

(6) The amount standing to the credit of thepupils fund shall be at the disposal of the head of theschool and shall be spent in the interest of thestudents for various physical and cocurricularactivities of the school or for purposes as specifiedby the Government instructions issued from time totime.

(7) The pupils funds account shall bemaintained and operated by the head of the school.The funds collected shall be deposited in a postoffice saving bank account or with a CooperativeBank/Nationalized Bank.

(8) The pupils funds account shall be gotaudited like other accounts of the school byDepartment/ Director local fund and the audit feesshall be paid out of the pupil’s fund.

Puipl’s fund.sections 24 (2), 15, 16and 17.


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(9) To incur any expenditure out of pupil’sfund a committee comprising the followingmembers shall be formed:–

Head of SchoolSenior most teacherHead of parents teacher association.Fund Incharge

(10) The committee is authorised to spendpupil’s fund on any item as it deems fit as per normsgiven in sub rule (6) for the welfare of the students.

(11) Travelling allowance for pupils andteachers participating in sports / science and othercompetitions, actual bus fare and various expensespertaining to meals of the participants and teachersshall be charged by an aided school to take part invarious activities such as Sports / Science exhibition/other competitions as fixed by the managingcommittee from time to time.

146. A detailed and printed receipt shall beissued for every fee and charges taken from thestudents.

147. All fees and funds shall be charged for afull period of twelve months, from the students atthe rates specified in these rules except in thefollowing cases, namely:–

(a) a student, who has been expelled orrusticated during a session shall not berequired to pay fees and fund beyondthe month in which he was expelled orrusticated;

(b) in case of readmission of a student tothe school last attended or in any otherschool, fee shall be payable from themonth from which he had left schoolin the same session;

(c) a second fee for the same month shallnot be charged from a student on

Printed receipt of feeand funds.

sections 24(2),15,16 and 17.

Fee payable for twelvemonths.

sections 24 (2), 15, 16 and 17.


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transfer from one aided school toanother aided school, provided that hegives proof of payment of fees andfunds in the former school.

148. All fees and funds payable to a school by astudents shall be payable by the 10th of day of themonth in which these are due:

Provided that where the school remains closedon the 10th of day of the month, such fees and fundsshall be payable on the date following the 10th ofday on which the school reopens:

Provided further that where the school remainsclosed due to long vacation, fees and contributionsshall be payable within ten days from the day onwhich the school reopens after the long vacation.

149.(1) A fine for late payment of the fee andfunds due to school shall be charged from the studentat the rate as per Government instructions issuedfrom time to time for every day for maximum of tendays, after 10th day of the month. The name of thestudent shall be struck off on the 21st day of themonth or on the next working day if 21st dayhappens to be a holiday:

Provided that in the case of nonpayment of feefor the month of May in which the school closes inthe middle of the month for long vacation, the nameof the student shall be struck off on the last workingday of the month of July, if the fees remains unpaidupto that day.

(2) If a student whose name has been struckoff seeks readmission fee in the same month noreadmission fee will be charged otherwisereadmission fee shall be charged as per Governmentinstructions issued from time to time.

Last date of paymentof fees and funds.sections 24 (2),15,16and 17.

Fine for latepayment of fees andstruck of the nameof the student.sections 24 (2), 15, 16and 17.


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150. (1) Every employee collecting any fee andfunds shall deposit the amount collected by him withthe cashier of the school by whatever name called,on the same day on which the collections are madeand it shall be the duty of the cashier to enter theamount so received, immediately in the feecollection register and thereafter in the cash bookand to append his initials thereto for the amountreceived.

(2) The attendance register, fee collectionregister and the cash book shall be submitted by thecashier to the head of the school for reconciliationand the head of the school shall after verification,countersign the entries in those registers.

151. No fee, fund or contribution, other thanthose specified in these rules, or permitted by theDepartment in writing, shall be charged by any aidedschool.

152. (1) No aided school shall levy or collectany donation compulsorily from any student or anyparent or guardian of any student.

(2) No aided school shall collect anydonation through its students for the aid of teachersor for any fund for the aid of teachers.

(3) Voluntary donations collected by themanaging committee of an aided school shall beaccounted for separately and may, at the discretionof managing committee, be utilised for meeting themanaging committee’s share of the expenses referredto in sub section (2) of section 17.

(4) In computing the grantinaid, voluntarydonations collected by the managing committee ofan aided school shall not be taken into account.

153.(1) The head of the school may exemptdeserving students, whose parents or guardians arenot financially solvent to pay the fees specified inthese rules, from payment of the whole or one halfof such fees for a period of twelve months

Collected amount tobe deposited on the

same day.sections 24 (2),15,16

and 17.

Ban on levy ofunauthorised fees

or fund.sections 24(2),15,16 and 17.

Donations not belevied compulsory.

sections 24(2),15,16 and 17.

Fee concessions inaided schools.

sections 24 (2),15, 16 and 17.


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commencing from the Ist day of May of each year orfrom the date of admission of the child or ward,whichever is later, and such exemption shall beregulated in the manner specified in these rules.

(2) Exemption made to any student undersubrule (1) shall, so long as the conditions foreligibility for exemption are fulfilled and thestudent continues in the school, be renewed fromyear to year.

(3) In the aided schools upto a limit oftwenty per cent of the total number of students onthe rolls of the school in all the classes in thesecondary and senior secondary stage as on the 7thday of May of the year may be exempted from thepayment of the whole or one half of the fees, andwhere any student is admitted after the 7th day ofMay but before the 31st day of August of that year,upto a limit of twenty percent of the students soadmitted may be exempted from the payment of thewhole or one half of the fees.

(4) The proportion of the students receivingexemption from the payment of the whole or onehalfof the fees may be varied in any of classes in thesecondary or senior secondary stage at thediscretion of the head of the school, so however, thatthe number of students enjoying exemption frompayment of the whole of the fee shall not exceedfifteen percent of the students at any time of the year.

(5) The percentage of the students receivingexemption from payment of the fee shall becalculated on the total number of students in all theclasses in the secondary and senior secondary stagereduced by the number of students grantedexemption from payment of fee under the provisionrelating to:-

(a) the concessions to studentsbelonging to the Scheduled Castesor Scheduled Tribes;


125

(b) students having brother or sistersstudying in the same school or aschool under the same managingcommittee;

(c) students who are wards of teachers.(6) In calculating the number of exemptions

from payment of fee, the number shall not bealtered during the year except where, owing to thedeparture from the school of any student enjoyingexemption, a vacancy arises and it is deemednecessary to pass on the exemption enjoyed by thestudent so departing, to any other deserving studentof the school.

(7) Where the number of students eligiblefor receiving exemption from payment of fee is inexcess or the number of students to whom exemptionis admissible under these rules exceeds theexemption shall be made in order of merit on thebasis of the results of the immediately previousannual examination or, if necessary, on the basis ofa special competitive examination to be held todetermine the order of merit of the eligible students.

(8) When two brothers or sisters are studyingin the same school, the brother or sister, as the casemay be, in the higher class shall pay the specifiedfee at the full rates and other brother shall pay feesat onehalf of the specified rates.Explanation : If two brothers and sisters are

studying in the same class, thespecified fee shall be paid by theelder brother or sister at full rates, andat onehalf of the rates by the other.

(9) No fee shall be charged from thechildren or wards of the employees of an aidedschool.

(10) No fee shall be charged from thechildren of the employees of the aided school whohave retired from service or have died.


126

154. An exemption from the payment of feegranted to a student under these rules may be with-drawn on the ground of his misconduct, irregularattendance or failure at the annual examination.

155. Any student, who is exempted frompayment of any fee, whether in full or in part, shallnot be exempted from contributing to the pupil’sfund.

156. Students who hold scholarships shall alsobe eligible for exemption from the payment of anyfee.

157. The managing committee of every aidedschool shall file every year with the appropriateauthority such duly audited financial and otherreturns as may be specified by the appropriateauthority and every such return shall be audited bysuch authority as may be specified by theappropriate authority.C. Fees and Funds in Unaided Schools.

158.(1) The fees and funds to be charged fromthe pupils shall be notified by every recognizedschool.

(2) The manager of every recognised schoolshall submit the detail of minimum facilities beingprovided and the maximum fee charged in Form VI.He shall before the commencement of each academicsession, file with the Department a full statement ofthe fees and all types of funds levied by such schoolduring the ensuing academic session justifying it.No such school shall charge any fee in excess of thefee/ funds specified by the manager in the saidstatement during the academic session. Each schoolshall submit proforma duly filled in by Ist Januaryof every year to the appropriate authority which shallpublicly display these details. Such charges can onlybe levied after these have been displayed in its wamper.

Withdrawal ofexemption.sections 24(2),15, and 16.

Contributions topupils Fund not to beexempted.sections 24(2),15,16 and 17.

Scholarship holdersalso eligible for feeconcession.sections 24(2),15, and 16.

Filing of returns.sections 24 (2) and 17.

Notifying fees andfunds.sections 24 (2), 15, 16and 17.


127

(3) No other charges such as capitation feeshall be taken from the children/ parents.

[(4) No school shall be allowed to chargeadmission fee, tuition fee, pupil’s fund in advancebefore the commencement of the academic session.However a token registration fee can be charged.

(5) No admission fee, tuition fee exceptschool leaving certificate (SLC) fee be charged fromthe pupil who apply for SLC within 15 days of startof new academic session.

(6) Admission fee shall only be chargedfrom a student at the time of admission in class 1st,6th, 9th and 11th or fresh entry in the school.

(7) The fees shall preferably be taken fromthe students through bank].***

159. (1) A detailed and printed receipt shall beissued for every fee and funds collected by theschool.

(2) The head of every recognised schoolshall authorize one or more of the employees of theschool to collect fees and funds from the studentsand the receipt referred to in subrule (1) shall begiven or duly signed by the person so authorised.

(3) Every employee collecting any fee andfunds from a student shall, immediately after suchcollection, enter the particulars of such collection inthe attendance register of the class.

[(4) In case of any complaint regardingovercharging or misappropriation of funds by themanaging committee, the Director shall competentto check the accounts of that school and takeappropriate action in this regard.]***

[160. The recognized school shall not charge anyfund from students except Red Cross Fund, ChildWelfare Fund and Sports Fund as per instructionissued by the department from time to time. These

Receipt for fees andfunds.

sections 24 (2), 15, 16and 17.

Pupils fund share.sections 24 (2) and 17



128

funds shall be collected and specified share shall bedeposited with the concerned District EducationOfficer/Additional District Education Officer before30th September every year.]***

CHAPTER VIIMISCELLANEOUS

A. Contract of service.161. The managing committee of every

recognised private school shall enter into a writtencontract of service in appendix B with every em-ployee of such school. A passport size photo of eachemployee shall be affixed on the filled in proformaof contract of his service.B. Service rules for employees of unaided

recognised schools and employees working inaided schools on unaided posts.[162. (I) Every managing committee of recognized

school i.e. running under self finance scheme shallframe the rules and regulations of their employeesin relation to:—

(i) Service conditions of the employees;(ii) Recruitment procedure;(iii) Salary to the teachers (not less than

minimum wage policy of the state);(iv) Service Benefits i.e. Contributory

Provident Fund, Medical, Leave,Increments etc.;

(v) Qualifications of teaching and nonteaching (not less than prescribedunder AppendixA to these rule);

(vi)Code of conduct and penalties;(vii) Constitution of disciplinary committee

etc.;(viii) The school authority shall pay the salary

to the staff through Cheque/Bank.

Signing of contract.Sections 20.

Service conditions



129

(2) The copies of rules and regulationsreferred to in subrule (I) shall be supplied to theDepartment at the time of application forrecognition.]***

C. General*186. Every managing committee shall allow a

school managed by it to function normally andsmoothly and shall not cause any situation by which,or due to which, the normal and smooth functioningof the school may be hampered nor shall it interferein the daytoday affairs of the school.

187.(1) The Director shall be competent toauthorize to any officer (s) for inspection of all orany of the functions and activities of the recognizedschool. The school authority shall allow theinspection of record as required by the inspectingofficer.

(2) The Advance intimation of theinspection of recognized school shall be given to thehead of the school.

(3) The Director may also carry out surpriseinspection himself or through any authorized officer.

188. (1) Every inspection shall be as objectiveas possible and shall be aimed at bringing aboutimprovements in the standards of teaching in theschool.

(2) In making the inspection specialemphasis shall be given to the following works,namely:–

(i) academic work, that is to say, actualteaching and its different aspects;

(ii) library and its service to studentsand teachers;

(iii)games and sports and theirorganization;

Managing committeenot to create adverse

situations.section 24 (2).

Inspection ofrecognized schools.

section 24 (2).

Inspection howto be made.

section 24 (2).


***Substituted against rules162-185 vide notificationNo. S.O.3/H.A.12/1999/S.24/2007 dated : 19-01-2007

*added vide notificationNo. S.O.22/H.A.12/1999/S.24/2004 dated : 20-02-2004

130

(iv) cocurricular activities;(v) cordiality or otherwise of the

teachers of the school with theparents of the students and thecommunity in general;

(vi) administration of the school;(vii) accounts of the school and their

maintenance;(viii) the school plant and physical needs

of the schools;(ix) discipline, tone and tenor of the

school; observation by the school ofthe rules and instructions;

(x) Observation by the school of therules and instructions.

(3) The inspecting officer shall go to eachclass and watch the teaching by each teacher inatleast two classes and shall specifically note thematters specified in Form VII.

189. The report of every inspection shall be madein Form VII and shall contain information withregard to each matter specified in the Form.

190. The Director may give directions to themanaging committee requiring it to rectify thedefects or deficiencies found at the time of inspectionor otherwise in the working of the school.

191. If the managing committee fails to complywith the directions given under rule 189 theDirector may, after considering the explanation orreport, if any, given or made by the managing com-mittee, take such action as he may deem fit, includ-ing:–

(a) stoppage of aid (in case of aidedschools);

(b) withdrawal of recognition; or(c) taking over the managing committee in

case of aided school.

Inspection report.sections 24 (2).

Rectifying defectsand deficiency.section 24 (2)

Failure to complywith directions.section 24 (2).


131

[191.A. Any act done by any individual orassociation of individuals or society or trust or firmor company in contravention of these rules, shall betreated as an offence under these rules and shall bepunishable under relevant laws.]***

192. Every appeal to the appellate authority shallbe filed along with a fee of Rs.250/ for primaryschool, Rs. 500/ for Middle school and Rs. 1000/for High and Senior Secondary School in form ofdemand draft in favour of Director.

193. The provision of these rules shall not applyto the schools run by Government or CentralGovernment in the State.

[193A. If any question or doubt arises as to theinterpretation of these rules, Government shalldecide the same.]***

194.(1) The Government may delegate all or anyof its powers, duties and functions under these ruleto the Director or any other officer.

(2) Every person to whom any power isdelegated under these rules may exercise that powerin the same manner and with the effect as if suchpower had been conferred on him directly by theserules and not by way of delegation.

[194A. Notwithstanding anything contained inthese rules, the Government may by general or specialorder, after recording its reasons and subject to suchconditions, if any, as it may impose, exempt anyindividual, firm, society/trust or institution or a classof such individuals, firms, societies/trusts orinstitutions running or desirous of running a schoolfrom any of the provisions of these Rules.]**

Penal action

Fees for appeal.section 24 (2).

Provision of rules notto apply to Government

schools.section 24 (2).

Interpretation.

Delegation of powers.section 24 (2).


Saving Clause.


**Inserted vide notificationNo. S.O.67/H.A.12/1999/S.24/2004 dated : 11-08-2004

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195. The Haryana Aided Schools (Security ofService) Rules, 1974, are hereby repealed:

Provided that any order made or action takenunder the rules so repealed shall be deemed to havebeen made or taken under the correspondingprovisions of these rules.

_____________________________________________________

M.L. TayalCommissioner & Secretary to

Government of Haryana,Education Department, Haryana

**********

Repeal and saving.section 24 (2).


Documents

Haryana School Education Rules, 2003wbgfiles.worldbank.org/documents/hdn/ed/saber/suppor… · · 2010-12-17Haryana School Education Rules, 2003 HARYANA GOVT. GAZ. (EXTRA), APRIL