DELHI SCHOOL EDUCATION RULES, 1973

Chapter I PRELIMINARY

Rule 1. Short title and commencement.

(1)     These rules may be called the Delhi School Education Rules, 1973.

(2)     They shall come into force on the date of their publication in the Official Gazette.

Rule 2. Definitions.

In these rules, unless the context otherwise requires,—

(a)      "Act" means the Delhi School Education Act, 1973 (18 of 1973),

(b)      "Affiliating Board" means the concerned Board referred to in Clause (s) of section 2;

(c)      "Committee" means the Curriculum Committee, constituted under rule 22;

(d)      "Form" means a Form annexed to these rules;

(e)      "Higher Secondary stage" means a stage school education above class VIII;

(f)       "Middle Stage" means a stage of school education from classes VI to VIII (both inclusive);

(g)      "Nationalised Bank" means a corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970);

(h)     "Pre-primary stage" means a stage of school education previous to the primary

stage; (i) "Primary stage" means a stage of school education previous to the primary stage;

(i)       "Schedule Bank" means a bank referred to in the Second Schedule to the Reserve Bank of India Act, 1934 (2 of 1934);

(j)       "Section" means a section of the Act;

(k)      "Zonal Education Officer" means the Education Officer in charge of a Zone;

(l)       "Zone" means the educational region comprising the areas in Delhi, specified by the Director in this behalf, for the purposes of organisation, supervision, inspection and control of schools located therein.

Chapter II REGULATION OF EDUCATION

Rule 3. Districts and Zones.

(1)     Delhi shall be divided by the Director into educational divisions, to be called "Districts" and "Zones" for the purpose of regulation of education therein.

(2)     Every Districts shall consist of two or more Zones.

(3)     The District and Zones existing in Delhi at the commencement of these rules shall be deemed to have been formed under sub-rule (1).

(4)     The Administrator may, if he is of opinion that for the better regulation of education in Delhi, it is necessary so to do, alter the limits, or the number, of Districts and Zones, whether in existence at the commencement of these rules or formed thereafter.

Rule 4. Classification of schools.

(1)     The schools in Delhi shall be classified by the Director into any of the following categories, namely:—

(a)      (i) pre-primary schools, that is to say, schools imparting education below the primary stage;

(ii) primary schools, that is to say, schools imparting primary stage of education, whether or not in addition to any education below the primary stage;

(iii) middle schools, that is to say, schools imparting middle stage of education, whether or not in addition to any education below the middle stage;

(iv) higher secondary schools, that is to say, schools imparting higher secondary stage of education, whether or not in addition to any stage of education below the higher secondary stage, whether any such school is run by—

(a)      any individual, group of individuals, trust or society either with aid, or without aid, from the Administrator or any local authority; or

(b)      any local authority or the Director;

(c)      Government Teachers Training Institute;

(d)      Government Industrial Schools;

(e)      Government Social Education and Community Centre in rural areas;

(f)       Institutions which prepare candidates for such examinations in Arabic, Persian, or Sanskrit as are recognised by the Central Government or which prepare candidates for examinations in such other languages as may be recognised by the Central Government;

(g)      Government schools or aided private schools for fine arts, music, crafts or physical culture.

(2)     Where the Director is of opinion that as a result of—

(a)      the change in the policy of Government with regard to school education, or

(b)      a school, falling in one category, ceasing to fall in that category or the acquisition by a school of a status justifying its re-classification to a higher or lower category, it is necessary so to do, he may re-classify such school into such category, as he may think fit.

Rule 5. Free education.

(1)     The Administrator shall make suitable arrangements for imparting free education for all children until they complete the VIII th class or until they attain the age of fourteen years, whichever is earlier.

(2)     Save as otherwise provided in rule 149, no school maintained or aided by Government or any local authority shall levy any fee or other charge in relation to the education of the children studying up to the VIII th class or until they attain the age of fourteen years, whichever is earlier.

Rule 6. Medium of instruction at the primary stage.

(1)     Teaching in a school at the primary stage shall, as far as practicable, be in the mother tongue of the child unless the parents or guardian of the child request otherwise in writing:

Provided that where the medium of instruction in a school is different from the mother tongue of the child, arrangement shall be made, as far as practicable, by the Administrator for the education of that child through his mother tongue:

Provided further that in the case of an existing primary school in which education is imparted through the medium of any language other than the mother tongue of the child, education may continue to be imparted in that school through the medium of such other language.

(2)     The Administrator may direct the Municipal Corporation of Delhi, New Delhi Municipal Committee or the Delhi Cantonment Board to make, as far as practicable, arrangements, within their respective jurisdiction, for imparting education in the mother tongue of the children.

(3)     The mother tongue of the child shall be the language declared as such, in writing, by the parent or guardian at the time of admission of the child in the school.

(4)     Hindi shall be introduced as a subject of study in a school not later than class III of the primary stage where the medium of instruction in the school is other than Hindi.

(5)     The Director and other local authorities in Delhi shall, as far as practicable, provide adequate facilities for teaching through the mother tongue, at the primary stage of education, of children belonging to any linguistic minority.

Rule 7. Medium of instruction for children studying in the middle stage.

For children studying in the middle stage, the Administrator shall, as far as practicable, make suitable arrangements for imparting education through the mother tongue of such children and, for this purpose, may open, or cause to be opened, new sections or classes in any school in which education may be imparted to such children in their mother tongue, or where the opening of new sections or classes in any school is not feasible, open or cause to be opened one or more new schools so that arrangements may be made for teaching through the mother tongue of such children:

Provided that in the case of existing middle school in which education is imparted through the medium of any language other than the mother tongue of the children, education may continue to be imparted in that school through the medium of such other language.

Rule 8. Medium of instruction at the higher secondary stage.

(1)     Hindi shall be the medium of instruction at the higher secondary stage :

Provided that in the case of a higher secondary class in any existing school in which education is imparted through the medium of any language other than Hindi, education may continue to be imparted in such class through the medium of such other language :

Provided further that in the case of a higher secondary class in a school run by a linguistic minority, education may be imparted in such class through the medium of the language of that linguistic minority.

(2)     Where for any special reason the Administrator is satisfied that education cannot be imparted in any higher secondary class of any school through the medium of Hindi in one or more subjects or in all the subjects, he may permit that school to impart education in the said subject or subjects through the medium of any language other than Hindi for such period, as he may think fit.

(3)     Where the Administrator is satisfied that by reason of the number of students having mother tongue other than Hindi, it is necessary so to do, he may open one or more sections or classes in an existing school for imparting education to such children through the medium of their mother tongue, and, where the opening of such new sections or classes is not feasible, he may open or cause to be opened one or more new schools for imparting education to such children through the medium of their mother tongue.

Rule 9. Three-language formula to be followed.

In the teaching of languages in classes VI to X, the three-language formula, as adopted by the Central Government, shall be followed.

Rule 10. Right of linguistic minorities to set up schools.

Any linguistic minority which intends to set up school with the object of imparting education in the mother tongue of such linguistic minority, shall be entitled to do so and shall be entitled to receive grant-in-aid if the other conditions with regard to the grant-in-aid are fulfilled by such school:

Provided that if the Administrator is satisfied that there already exist sufficient number of schools in an area providing for teaching through the concerned minority language he may not permit the opening of more schools as aided institutions in that area:

Provided further that it shall be open to the management of a school run by a linguistic- minority to decide that education shall be imparted at the school in a language other than the language of such linguistic minority and in such case the Administrator shall not be under any obligation to give grant-in-aid to such school.

Rule 11. Establishment of Science Centres.

(1)     The Administrator may establish not less than one Science Centre in a recognised school or elsewhere in a District and provide such Centre with such machinery, equipment, apparatus and appliances as may be needed to make that Centre useful for science education.

(2)     The Administrator may make arrangements for the sharing of facilities provided at the Science Centre by all recognised schools in the District or by any other person in accordance with such programme as he may prepare for the purpose.

Rule 12. Work experience programmes.

(1)     The Administrator may establish not less than one workshop in a District to enable students of recognised schools to undertake various work experience programmes so that their education may be relatable to productivity.

(2)     The Administrator may make the arrangements for the sharing of facilities provided at the workshop in a District by all the recognised schools in the District or any other persons, in accordance with such programmes as be may prepare for the purpose.

Rule 13. Provisions of other facilities.

The Administrator shall also provide for the following facilities, namely—

(a)      Adult Education Centres;

(b)      Bal Kendras;

(c)      Balawadis;

(d)      Education of children who have discontinued studies;

(e)      Literacy centres.

Rule 14. Provision for multiple entry in schools.

Save as otherwise provided elsewhere in these rules, the Administrator may make arrangements, at any time of the year, for the admission of those students, who have discontinued studies, in any class of a recognised school to which he is, on a test, by such school, found to be suitable for admission for whole time studies.

Rule 15. Part-time education.

The Administrator may also make provision for—

(a)      part-time education in classes VI to VIII in respect of such children who, having completed education up to class V, could not continue studies on a whole time basis.

(b)      special part-time education for functional literacy for children in the age group of 10 years to 14 years (both inclusive).

(c)      adult education by opening such adult education centres or education extension centres as he may think fit.

Rule 16. Provision for remedial teaching.

The Administrator may also make special provisions for remedial teaching in respect of students of recognised schools suffering from remedial deficiencies in studies or who have discontinued studies on account of such deficiencies.

Rule 17. Establishment of autonomous schools.

(1)     The Administrator may, if he is satisfied that the circumstances so require, permit such number of schools as he may select in this behalf to function as "autonomous schools" solely for the purpose of introducing innovations and conducting new experiments with regard to curriculum, methods of teaching and evaluation.

(2)     Every autonomous school shall have the freedom to have its own syllabus and curriculum and the freedom to assess its students and hold examinations up to the end of the middle stage.

(3)     Save as otherwise provided in this rule, every autonomous school shall be subject to the provisions of the Act and the rules made thereunder in respect of all matters other than those specified in this rule.

(4)     The Administrator shall make provision for the review of the work of every autonomous school once in every five years.

Rule 18. Courses of study.

(1)     The courses of study for primary and middle stages shall be such as may be specified by the Director in consultation with the Committee and the textbooks for such courses of study shall be such as may be recommended by the Director in consultation with the Committee:

Provided that in suitable cases, a school may be permitted by the Director to draw its own courses of instruction for the primary or middle stage subject to such courses being approved by the Director in consultation with the Committee.

(2)     The courses of study and text books for the higher secondary stage shall be such as may be specified or recommended by the Affiliating Board.

(3)     The Administrator may, if he is of opinion on a security of any text book specified or recommended, by the Affiliating Board or Director that such text book is prejudicial to the interests of education, prohibit the use of such book as a text book in any school.

Rule 19. Matters to be provided for in the syllabi and coursesof study.

The Director or, as the case may be, the Affiliating Board shall, while specifying the syllabi and courses of study for the primary and middle stage or higher secondary stage, pay special attention to the inculcation of national and moral values including the sovereignty and integrity of India, secularism, humanism, faith in the dignity and equality of every human being, dignity of labour, avoidance of discrimination on grounds of religion, race, caste, sex or place of birth or any of them, and, in particular, avoidance of the practice of untouchability; and shall also include therein health education, including personal and environmental hygiene, population education and awareness of the effect of drugs and intoxicants on human system.

Rule 20. Power of Director to specify co-curricular and extra-curricular activities.

The Director may, in consultation with the committee, provide for co-curricular or extra-curricular activities in recognised schools.

Rule 21. Power of Director to specify courses of study for informal education.

The Director may, in consultation with the Committee, specify the courses of study for imparting informal education to persons who are unable to attend any recognised school for obtaining formal education.

Rule 22. The Curriculum Committee.

(1)     There shall be constituted by the Administrator a Committee, to be called the Curriculum Committee, to advise the Administrator on syllabi and the specification or recommendation of books for the primary and middle stages of education.

(2)     The Committee may advise the Administrator with regard to co-curricular and extra-curricular activities to be undertaken in a recognised school and also with regard to informal education to persons who are unable to obtain formal education.

(3)     The Committee shall consist of the following members, namely—

                              (i)          an eminent educationist, to be nominated by the Administrator, who shall be the Chairman of the Committee;

                             (ii)         a person to be nominated by the National Council of Educational Research and Training;

                            (iii)         a representative of the University of Delhi, to be nominated by the Vice-Chancellor of that University;

                            (iv)        a representative of Jawaharlal Nehru University, to be nominated by the Vice- Chancellor of that University;

                             (v)         an officer of the Directorate of Technical Education, Delhi Administration, to be nominated by the Administrator;

                            (vi)        two educationists having special knowledge of school education to be nominated by the Central Government;

                            (vii)        one representative of the Central Board of Secondary Education, to be nominated by that Board;

                           (viii)       one representative of the council for the Indian School Certificate Examination, to be nominated by that Council;

                            (ix)        one representative of parents who is a member of the Advisory Board, to be nominated by the Administrator;

                             (x)         three teachers of whom two shall be the members of the Advisory Board, to be nominated by the Administrator;

                            (xi)        one representative of the University Grants Commission, to be nominated by that Commission;

                            (xii)        one representative of the National Council of Science Education, to be nominated by that Council;

                           (xiii)       one representative of the All-India Council of Technical Education, to be nominated by that Council;

                           (xiv)       two members of the House of the People to be nominated by the Speaker of that House from amongst those members of the House of the People who have been elected thereto from Delhi;

                            (xv)        one member of the Council of States, to be nominated by the Chairman of that Council from amongst those members of the Council who have been elected thereto from Delhi;

                           (xvi)       two representatives of the Metropolitan Council of Delhi, to be nominated by the Chairman of that Council;

                          (xvii)       one representative of the Municipal Corporation of Delhi, to be nominated by the Mayor of that Corporation,

                          (xviii)      one representative of the New Delhi Municipal Committee, to be nominated by the President of that Committee;

                           (xix)       one representative of the Delhi Cantonment Board, to be nominated by the President of that Board;

                            (xx)        one representative of the National Board of Women's Education;

                           (xxi)       the Director, ex-officio, who shall be the secretary of the Committee.

(4)     For the purpose of one or more meetings, the Committee may co-opt as its members such experts on education in general or in any subject as it may think fit.

(5)     A co-opted member may take part in the deliberations of the Committee but shall not have any right to vote and shall not form any part of the quorum.

Rule 23. Term of office.

Every member of the Committee shall hold office for a period of three years from the date of his nomination, and shall be eligible 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 is nominated.

Rule 24. Meetings and quorum.

(1)     The Committee shall meet at least once every year:

Provided that such meeting shall not be held later than the 20th November every year:

Provided further that the Chairman of the Committee may call a special meeting of the Committee to consider any matter within the purview of the Committee.

[1][(2) One-third of the total membership of the committee personally present at a meeting shall form quorum for the meeting of the Committee.]

Provided that where the meeting of the Committee is adjourned for the absence of quorum, no quorum shall be necessary for the adjourned meeting.

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

Rule 25. Registration of the Chairman or a member.

(1)     The Chairman or a member of the Committee may, by giving notice in writing to the Administrator, resign his membership.

(2)     A resignation shall take effect from the date of communication to the person concerned of its acceptance or on the expiry of thirty days from the date of resignation, whichever is earlier.

Rule 26. Vacancy in the office of a member.

(1)     A member of the Committee shall be deemed to have vacated his office—

(a)      if he is of unsound mind and stands so declared by a competent court;

(b)      if he is an undischarged insolvent;

(c)      if he is convicted of an offence, which, in the opinion of the Administrator, involves moral turpitude;

(d)      if he does not attend three consecutive meetings of the Committee without obtaining leave of absence from the Administrator; or

(e)      if he ceases to represent the body by whom he was nominated.

(2)     Any vacancy in the membership of the Committee, whether caused by resignation or by any of the reasons specified in sub-rule (1), or by death, shall be filled in the same manner in which the member who has vacated office was nominated and the person so nominated shall hold office for the remainder of the term of office of the member in whose place he is nominated.

(3)     The Committee shall function notwithstanding any vacancy in the membership thereof.

Rule 27. Procedure of the Committee.

(1)     The Committee shall regulate its own procedure.

(2)     The Committee may appoint such subject panels as it may deem necessary consisting of its own members or specialists who are not members of the Committee.

Rule 28. Travelling and Daily Allowances.

The members of the Committee or any panel constituted by it shall be entitled to such travelling and daily allowances as are admissible to the non-official members of Committees and Boards in accordance with the orders issued by the Central Government from time to time.

Rule 29. Physical education etc.

(1)     In every school, suitable provision shall be made for social services, physical, cultural and recreational activities.

(2)     The head of school shall organise a general system of school games so as to provide opportunities for participation by all students and shall provide the students with the equipments needed for such games.

Rule 30. Residence of students.

All students shall be required to reside under one or other of the following arrangements, unless exempted by the head of school—

                              (i)          with parents or guardians; 

                             (ii)         in hostels approved by the Director; or 

                            (iii)         at such other place as may be specified by the Director.

Rule 31. School hours.

(1)     The Director shall, by order, specify the time at which all schools, other than unaided recognised private schools, shall commence and conclude the daily school hours and different timings may be specified for different seasons of the year or for schools running in one shift or multiple shifts:

Provided that the total school hours in a year for the middle and higher secondary stage of education shall not, ordinarily, be less than 1000 hours:

Provided further that in addition to 1000 school hours, a teacher may be required to devote not more than 200 hours in a year for remedial or other teaching.

(2)     The unaided recognised schools may specify their own timings but, in any case, the total school hours in a year shall not be less than 1000 hours:

Provided that in addition to 1000 school hours, a teacher may be required to devote not more than 200 hours in a year for remedial or other teaching.

Rule 32. Vacation and holidays.

(1)     Save as otherwise provided in sub-rule (3), the total number of working days, including examination days, for the middle and higher secondary stage of education shall not be less than 210 in a year.

(2)     Subject to the provision of sub-rule (1), the following shall be the authorised holidays for recognised schools, namely—

                              (i)          All holidays notified by the Administrator;

                             (ii)         Summer Vacation for such period of two months as may be specified by the Director;

                            (iii)         Autumn or winter breaks for such total period of fifteen days as may be specified by the head of school, with the previous approval of the Director.

                            (iv)        Special holidays, not exceeding 7 days in aggregate, with the previous approval of the Director.

(3)     In addition to the holidays referred to in sub-rule (2), leave may be granted to students preparing for the examinations of the Affiliating Board for such period as may be specified by that Board:

Provided that preparatory leave shall be given only when the head of school is satisfied that the courses of study have been completed at the school.

Rule 33. School hours and number of working days not to apply to informal education.

School hours specified in rule 31 and the number of working days specified in rule 32 shall not apply in the case of informal, or out of school, or adult, education.

Rule 34. Discipline, punishment, etc.

(1)     The observance of rules of discipline and good behaviour shall be a condition essential to a student's continuance in a school.

(2)     In case of breach of discipline by a student below the age of fourteen years, if the Director is satisfied that continuance of such student in the school in which he is studying, is likely to be detrimental to the general tenor or discipline of the school, he may send such student to such special school as he may think fit.

Rule 35. Striking off the name from the rolls.

(1)     The name of a student may be struck off the rolls by the head of the school on account of:

(a)      non-payment of fees and other dues for 20 days after the last day for payment:

Provided that nothing in this rule shall apply in case students of class VIII and below, studying in Government or aided schools, or in schools run or aided by the appropriate authority, except where such students have attained the age of fourteen years;

(b)      continued absence without leave for six consecutive days by a student who has attained the age of fourteen years.

(2)     In the case of absence of any student who has not attained the age of fourteen years, from a school without leave for six consecutive days, the head of school shall intimate such absence to the parent or guardian of such student.

(3)     In respect of payment of fees, however the head of the school may grant not more than 10 days of grace in deserving cases on application by the parent or guardian.

(4)     Notwithstanding anything contained in sub-rule (1), no student's name shall be struck off the rolls except after giving the parent or guardian of such student a reasonable opportunity of showing cause against the proposed action.

Rule 36. Forbidden practices.

(1)     No student shall indulge in any of the following practices namely—

(a)      spitting in or near the school building except where the spitting is made in any spittoon provided by the school;

(b)      disfiguring or otherwise damaging any school property;

(c)      smoking;

(d)      any form of gambling;

(e)      use of drugs or intoxicants except on prescription by a registered medical practitioner;

(f)       rowdyism and rude behaviour;

(g)      use of violence in any form;

(h)     casteism, communalism, or practice of untouchability.

(2)     The Administrator may, on the advice of the Advisory Board, amend or add to the forms of practices forbidden under sub-rule (1).

(3)     If any student, who has not attained the age of fourteen years, indulges in any of the practices referred to in sub-rule (1), the Director may shift him to such special school as he may think fit.

Rule 37. Forms of disciplinary measures.

(1)     The following shall be the disciplinary measures which may be adopted by a school in dealing with—

(a)      all students—

                                              (i)          detention during the break, for neglect of class work, but no detention shall be made after the school hours,

                                             (ii)         corporal punishment,

(b)      students who have attained the age of fourteen years— (i) fine,

                                              (i)          expulsion. 

                                             (ii)         rustication.

(2)     For the avoidance of doubts, it is hereby declared that the disciplinary measures specified in clause (b) of sub-rule (1) shall not be imposed on any student who has not attained the age of fourteen years.

(3)     Fine may be imposed on a student who has attained the age of fourteen years in the following cases, namely—

                              (i)          late attendance;

                             (ii)         absence from class without proper application from the parent or guardian;

                            (iii)         truancy;

                            (iv)        wilful damage to school property;

                             (v)         delay in payment of school fees and dues.

(4)     (a) Corporal punishment may be given by the head of the school in cases of persisting impertinence or rude behaviour towards the teachers, physical violence, intemperance and serious form of misbehaviour with other students.

(b) Corporal punishment shall not be inflicted on the students who are in ill-health.

(c) Where corporal punishment is imposed, it shall not be severe or excessive and shall be so administered as not to cause bodily injury.

(d) Where cane is used for inflicting any corporal punishment, such punishment shall take the form of strokes not exceeding ten, on the palm of the hand.

(e) Every punishment inflicted on a student shall be recorded in the Conduct Register of such student.

(5)     Expulsion shall debar a student from being re-admitted to the school from where he is expelled but shall not preclude his admission with the previous sanction of the Director to any other school.

(6)     Where a student is rusticated, he shall not be admitted to any school till the expiry of the period of rustication.

(7)     No student shall be expelled or rusticated from a school except after giving the parent or guardian of the students a reasonable opportunity of showing cause against the proposed action.

Notes: (i) Expulsion or rustication shall be resorted to only in cases of grave offences where the retention of the student in the school is likely to endanger its moral tone of discipline.

(ii) Except in the case of any expulsion or rustication from an unaided minority school, the punishments of expulsion and rustication shall not be imposed without the prior approval of the Director.

Rule 38. Medical Officer.

(1)     Every recognised school shall appoint a Medical Officer on such part-time or whole time basis as may be necessary for looking after the health of children of the school.

(2)     The Medical Officer shall be assisted by such Compounder or Dispenser on a part time or whole time basis, as may be necessary.

(3)     In the case of girls' schools, only lady doctors and lady compounders or nurse shall be appointed.

(4)     In the case of co-educational schools, not less than one lady doctor or female nurse shall be appointed.

(5)     Detailed instructions in regard to attendance by Medical Officers and other medical staff, remuneration and other matters shall be specified by the Administrator, on the advice of the Advisory Board.

Rule 39. Maintenance or establishment of hostels in schools.

(1)     The Administrator shall, to the extent necessary and practicable, establish, or assist in establishing, hostels for students studying in aided schools.

(2)     Recognised unaided schools may, if they consider it necessary, establish, in consultation with the Advisory Board, hostels, subject to the fulfilment of such conditions as may be specified by the Administrator.

(3)     Admission of any student to a hostel shall not be refused on grounds only of religion, caste, race, place of birth or any of them.

(4)     Adequate percentage of seats in the hostels shall be reserved, in consultation with the Advisory Board, for children belonging to the weaker sections of the society, and, in particular, the Scheduled Castes and Scheduled Tribes.

(5)     (a) A hosteler shall be liable to be expelled at any time for serious misconduct or when his retention in the hostel is likely to endanger its moral tone and discipline.

(b) Before expelling a hosteler, the head of school shall send a detailed report to his parent or guardian and also to the Director for his approval of such explusion.

(c) On receipt of the Director's approval, orders for expulsion shall be passed by the head of school under intimation to the parent or guardian :

Provided that no student shall be expelled from a hostel except after giving the parent or guardian of the student a reasonable opportunity of showing cause against the proposed action.

(6)     Detailed instructions regarding the scale of accommodation, scale of furniture, scale of hostel fees, facilities for the Hostel Superintendent, duties of wardens, medical and other care of the hostelers and other facilities; and conditions for admission in any hostel shall be specified by the Administrator, on the advice of Advisory Board.

Rule 40. Registers and records.

The Administrator shall specify what registers and records are to be maintained by a school and what returns and records shall be submitted by a schooled action.

Rule 41. Examination, assessment, evaluation, promotion, etc.

(1)     The Administrator shall, on the advice of the Advisory Board, issue detailed instructions regarding assessment, evaluation and promotion of students from one class to another.

(2)     He may also issue instructions for programmed learning and informal system of education.

Rule 42. School Libraries.

The Director may issue detailed instructions regarding the maintenance and use of school libraries.

Rule 43. Power to issue instructions.

The Administrator may, if he is of opinion that in the interest of school education in Delhi it is necessary so to do, issue such instructions in relation to any matter, not covered by these rules, as he may deem fit.

Chapter III OPENING OF NEW SCHOOLS OR CLASSES OR CLOSURE OF EXISTING SCHOOLS OR CLASSES

Rule 44. Notice of intention to open a new school.

(1)     With a view to enabling the Administrator to arrange for the planned development of school education in Delhi, every individual, association of individuals, society or trust, desiring to establish a new school, not being a minority school, shall, before establishing such new school, give an intimation in writing to the Administrator of his or their intention to establish such school.

(2)     The intimation, referred to in sub-rule (1), shall contain the following particulars, namely—

(a)      the Zone in which the new school is proposed to be established, and approximate number of students likely to be educated in such school;

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

(c)      the number of schools of the intended stage in existence in the Zone where the new school is proposed to be established and the population of such Zone;

(d)      whether the person proposing to establish the new school have any alternative Zone in view; and if so, the particulars of such alternative Zone with respect to the matters specified in clauses (a) and (c);

(e)      the particulars including measurements of the building or other structure in which the school is proposed to be run;

(f)       the financial resources from which the expenses for the establishment and running of the school are proposed to be met and whether any application is proposed to be made for any aid;

(g)      the composition of the managing committee of the proposed new school until the new school is recognised and a new managing committee is constituted in accordance with the scheme of management made under the Act;

(h)     the proposed procedure, until its recognition under the Act, for the selection of the head of the school and other teachers and non-teaching staff and the minimum qualifications for their recruitment;

(i)       the proposed scales of pay for the head of the school and other teaching and non- teaching staff until the school is recognised under the Act;

(j)       admission, tuition and other fees which would be levied and collected until its recognition under the Act, from the students of the proposed new school;

(k)      any other facility which is proposed to be provided for the students of the proposed new school.

(3)     The Administrator may, after considering the particulars specified in the intimation given to him under sub-rule (2) and after making such inquiries as he may think fit, inform the person or persons by whom the intimation was given to him whether or not opening of the proposed new school would be, in his opinion, in the public interests :

Provided that the Administrator shall, if he is of opinion that the number of schools existing in the Zone where the new school is proposed to be opened is sufficient to meet the needs of that Zone, inform the person or persons by whom the intimation was given to him that the opening of the new school in such Zone would be against the public interest and may indicate, to such person or persons, any other Zone which, in his opinion, needs the establishment of a new school, and thereupon it would be open to such person or persons to open a new school in the Zone indicated by the Administrator.

Rule 45. Opening of new classes in schools.

(1)     No recognised school, not being an unaided minority school, without giving full justification, shall open any new class other-than the ones which have received approval from the appropriate authority.

(2)     In the case of unaided minority schools, opening of new classes shall be subject to such norms as may be specified by the appropriate authority.

Rule 46. Closing down of a school or any class inaschool.

No managing committee shall close down a recognised school, not being an unaided minority school, or an existing class in such school without giving full justification and without the prior approval of the Director, who shall, before giving such an approval, consult the Advisory Board.

Rule 47. Absorption of surplus teachers, etc.

(1)     Where as a result of—

(a)      the closure of an aided school or any class or classes in any aided school; or

(b)      withdrawal of recognition from an aided school; or

(c)      withdrawal of aid from an aided school, any student or employee becomes surplus, such student or employee, as the case may be, shall be absorbed, as far as practicable, in such Government school or aided school as the Administrator may specify:

Provided that the absorption in Government service of any employee who has become surplus shall be subject to the availability of a vacancy and shall be subject further to the condition that the conceded employee possesses the requisite qualifications for the post and has not been retrenched by the management of the aided school on any ground other than the ground of closure of the school or any class or classes of the school, or withdrawal of recognition or aid from the school:

Provided further that where any such surplus employee is absorbed in a Government school, he shall be treated as junior to all the persons of the same category employed in the Government schools on the date immediately preceding the date on which he is so absorbed, and where such surplus employee is absorbed in an aided school, he shall rank as junior to all the persons of the same category employed in that school on the date immediately preceding the date on which he is so absorbed.

(2)     Where any surplus teacher is absorbed under sub-rule (1)—

(a)      the salary and other allowances last drawn by him at the school from which he has become surplus shall be protected;

(b)      his provident fund account shall be transferred to the school in which he is so absorbed, and thereupon such provident fund shall be governed in accordance with the rules and regulations in force in that school in relation to provident fund; and

(c)      the period of his qualifying service in the school in which he had worked before such absorption and any previous period of qualifying service, if any, in any recognised aided school in Delhi shall be taken into account for the purpose of computing his pension and other retirement benefits.

(3)     Without prejudice to the provisions of sub-rules (1) and (2), where a teacher becomes surplus by reason of the closure of any class or section thereof or the discontinuance of the teaching of any subject, such teacher shall be absorbed in the first instance, as far as practicable, in such Government or aided school as the Administrator may specify, and if the class or section which was closed is reopened by the former school or if any new class or section thereof is opened by such school or if the subject, the teaching of which was discontinued, is re-introduced by such school, or the strength of the teaching staff of the former school is increased, such teacher shall be re-absorbed in the former school; but if such re-absorption does not take place within a period of five years from the date of absorption of such teacher in the Government or aided school, such teacher shall be regularly absorbed in such Government or aided school, as the case may be.

(4)     Re-absorption of a teacher in a former school shall not affect his continuity of service or his seniority in relation to that school or his emoluments, provident fund, gratuity and other retirement benefits.

Explanation. For the purpose of sub-rules (3) and (4), "former school" means the school from which a teacher had become surplus.

Rule 48. Transfer of provident fund and other moneys in certain cases.

Where a teacher leaves an aided school, whether in Delhi or outside and joins any other aided school in Delhi, it shall be lawful for the managing committee of school left by such teachers to transfer to the aided school joined by such teachers, the moneys standing in the provident fund to the credit of such teacher on the date when he had left the school and any other amount due to him by way of contribution towards pension and other retirement benefits, and it shall be lawful for the managing committee of the aided school so joined by the teacher to credit the said amounts to the provident fund and other account of the teacher and to take into account the period of approved service rendered by the teacher in the first mentioned school for the purpose of computation of his pension and other retirement benefits.

Chapter IV RECOGNITION OF SCHOOLS

Rule 49. Form and manner of application for recognition.

Every private school seeking recognition shall make an application, in Form I, to the appropriate authority, and every such application shall either be delivered to the appropriate authority through any individual or sent to that authority by registered post acknowledgement due.

Rule 50. Conditions for recognition.

No private school shall be recognised, or continue to be recognised, by the appropriate authority unless the school fulfils the following conditions, namely—

                              (i)          the school is run by a society registered under the Societies Registration Act, 1860 (21 of 1860), or a public trust constituted under any law for the time being in force and is managed in accordance with a scheme of management made under these rules;

                             (ii)         subject to the provisions of clause (1) of article 30 of the Constitution of India, the school serves a real need of the locality and is not likely to affect adversely the enrolment in a nearby school which has already been recognised by the appropriate authority;

                            (iii)         the school follows approved courses of instructions as provided elsewhere in these rules;

                            (iv)        the school is not run for profit to any individual, group or association of individuals or any other persons;

                             (v)         admission to the school is open to all without any discrimination based on religion, caste, race, place of birth or any of them;

                            (vi)        the managing committee observes the provisions of the Act and the rules made thereunder;

                            (vii)        the building or other structure in which the school is carried on, its surroundings, furniture and equipment are adequate and suitable for an educational institution and, where there is any business premises in any part of the building in which such school is run, the portion in which the school is run adequately separated from such business premises;

                           (viii)       the arrangements in the building or other structure and in the furnishings thereof meet adequately the requirements of health and hygiene;

                            (ix)        the school buildings or other structures or the grounds are not used during the day or night for commercial or residential purposes (except for the purpose of residence of any employee of the school) or for communal, political or non-educational activity of any kind whatsoever;

                             (x)         the accommodation is sufficient for the classes under instruction in the school;

                            (xi)        there is no thoroughfare or public passage through any part of the school premises;

                            (xii)        sanitary arrangements at the school are adequate and are kept in good order and a certificate from the Health Officer of the local authority having jurisdiction over the area in which the school is located as to the health and sanitary conditions of the school and its surroundings has been furnished, and will also be furnished as and when required by the appropriate authority;

                           (xiii)       arrangements are made for the supply of good drinking water to the students and suitable facilities are provided to enable them to take refreshments, lunch or the like;

                           (xiv)       the school is so conducted as to promote discipline and orderly behaviour and to maintain a high moral tone;

                            (xv)        no teacher or student of the school is compelled to attend a class in which religious instruction is given or take part in any religious activity, no teacher or student absenting himself from religious instruction or religious activity is made to suffer any disability on that account and no student is refused admission to the school because exemption from attendance at religious exercises or religious instruction has been claimed by him or his parent or guardian;

                           (xvi)       facilities are provided for teaching of languages in accordance with three-language formula, as adopted by the Central Government;

                          (xvii)       the school is open to inspection by any of the following officers, namely—

(a)      any officer authorised by the appropriate authority or the Director;

(b)      Director of Medical Services or Health Officer of the local authority concerned;

(c)      Civil Surgeon, Assistant Civil Surgeon or Health Officer authorised by the appropriate authority or the Director to examine the health of students or the sanitary conditions of the school and its surroundings;

                          (xviii)      the school furnishes such reports and information as may be required by the Director from time to time and complies with such instructions of the appropriate authority or the Director as may be issued to secure the continued fulfilment of the conditions of recognition or the removal of deficiencies in the working of the school;

                           (xix)       all records of the school are open to inspection by any officer authorised by the Director or the appropriate authority at any time, and the school furnishes such information as may be necessary to enable the Central Government or the Administrator to discharge its or his obligations to Parliament or to the Metropolitan Council of Delhi, as the case may be.

Rule 51. Facilities to be provided by a school seeking recognition.

(1)     Every private school seeking recognition shall provide for the following facilities, namely—

                              (i)          Physical education :

(a)      suitable playground for the purposes of games and sports, and materials for such games and sports;

(b)      where no such playground is available due to the location of the school in an area where no suitable open space is available, the school shall needs arrangement for a playground in a nearby area where students could be provided the facilities for games and sports;

(c)      where no such arrangement as is referred to in clause (b) is possible, the school shall make arrangements for gymnastics or any other physical exercise;

                             (ii)         Library service:

(a)      (i) adequate library facilities, in the case of a primary school, and

(ii) in the case of any other school, a separate room for the Library, to be used exclusively for the purpose and on no account such room shall be considered as accommodation available for class teaching;

(b)      a reading room attached or adjacent to the library, wherever possible;

(c)      the library has a sk of books specified by the Director as also books specified by the Affiliating Board and such other books as may meet the needs of the students and of the teachers;

(d)      the library has also books suitable for the use of teachers in their professional work and reference work;

                            (iii)         Laboratory work:

(a)      in the case of a school up to the middle level, a laboratory for teaching science, equipped according to such specifications as may be laid down from time to time, by the appropriate authority;

(b)      in the case of a school above the middle level, intending to run either science course or courses in subjects which involve practical work, accommodation, equipment and apparatus according to such specifications as may be laid down, from time to time, by the Affiliating Board or the Director for the laboratory for each subject;

                            (iv)        Workshop practice :

(a)      a room or a workshop for conducting workshop practice or such other vocational activities as may be specified by the appropriate authority for different classes;

(b)      the workshop is equipped according to such specifications as may be laid down, from time to time, by the appropriate authority for each subject;

                             (v)         Co-curricular activities :

As many co-curricular activities, as may be possible, so as to give to every student an opportunity of participating in one or more of the following activities, namely—

(a)      debates;

(b)      recitation or elocution;

(c)      dramatics;

(d)      music (including folk songs), dancing (including folk dances);

(e)      hobbies of different types;

(f)       model parliament;

(g)      house system;

(h)     prefectorial system;

(i)       class competition;

(j)       junior wing of the National Cadet Corps;

(k)      scouting and guiding;

(l)       activities providing for social service; and

(m)    any other co-curricular activity.

Rule 52. Power to grant exemption.

The appropriate authority may, for good and sufficient reason, exempt provisionally any private school seeking recognition from one or more of the provisions of rule 50 or 51 or both for such period as it may consider necessary, provided that the appropriate authority is satisfied that the school will be in a position to fulfil in the near future, the requirements from which it is provisionally exempted.

Rule 53. Date of recognition.

The recognition given to a school shall be effective from the date decided upon by the appropriate authority and ordinarily recognition shall be given from the date of commencement of the school year.

Rule 54. Recognition to lapse if not availed of within a year.

(1)     The recognition granted to a school shall lapse unless it is availed of within a year from the date on which it is to be effective.

(2)     Where a recognition has been granted to a private school for a limited period, such recognition shall lapse on the expiry of that period unless such recognition is renewed before the expiry of that period :

Provided that no recognition shall be renewed unless an application for such renewal has been made, in Form I, not less than six months before the date on which the recognition is to expire and unless the school continues to fulfil the conditions specified in sub-section (1) of section 4, and rule 50 :

Provided further that the appropriate authority may, on sufficient cause being shown by the managing committee of the school, relax the time limit for making an application for the renewal of recognition.

Rule 55. Lapse of recognition in other cases.

(1)     If a recognised school ceases to function or is shifted to a different locality or is transferred to a different trust, society, individual or a group of individuals without the previous approval of the appropriate authority, its recognition shall lapse on such ceaser, shifting or transfer, as the case may be, and it shall, for the purpose of future recognition, be treated as a new school.

(2)     Where one or more of the conditions of recognition, specified in sub-section (1) of section 4 or in rule SO, are not complied with by any recognised school, the appropriate authority may, by a written notice, draw the attention of the school to such non-compliance; and, if within thirty days from the date of service of such notice, any such condition for the recognition is not complied with, the recognition granted to such school shall, on the expiry ' of the said period of thirty days, stand lapsed.

Rule 56. Suspension or withdrawal of recognition.

(1)     If a school ceases to fulfil any requirement of the Act or any of the conditions specified in rule SO or fails to provide any facility specified in rule 51, the appropriate authority may, after giving to the school a reasonable opportunity of showing cause against the proposed action, withdraw for reason to be recorded in writing, recognition from the school :

Provided that where the appropriate authority is satisfied that the deficiencies or defects are capable of immediate or early removal, it may, instead of withdrawing the recognition suspend the recognition for such period as it may think fit to enable the managing committee of the school to remedy the deficiencies or defects to the satisfaction of the appropriate authority :

Provided further that where the recognition of a school has been withdrawn or suspended, no appropriate authority shall grant recognition of such school whether run by the name by which it was known at the time of such withdrawal or suspension or by any other name, unless the school has removed the deficiencies or defects for which the recognition has been withdrawn or suspended.

(2)     A recognised school which provides for hostel facilities shall comply with the provisions of rule 39 and the instructions made thereunder, and in case of any default in complying with such provisions or instructions, the appropriate authority may for reasons to be recorded in writing, withdraw the recognition in relation to the school itself.

(3)     Where recognition of any school is withdrawn, the reasons for withdrawal of such recognition shall be communicated to the managing committee within seven days from the date on which the recognition is withdrawn.

(4)     Any managing committee aggrieved by the withdrawal of recognition of the school managed by it may, within thirty days from the date of communication to it of the withdrawal of recognition, prefer an appeal against such withdrawal to the authority specified in ruie 58.

Rule 57. Restoration of recognition.

Recognition once withdrawn or lapsed shall not be restored until the appropriate authority is satisfied that the reasons which led to the withdrawal or lapse of recognition have been removed and that in all other respects the school complies with the provisions of the Act and the rules made thereunder.

Rule 58. Authorities to which appeals may be preferred.

(1)     Every appeal against refusal by the appropriate authority to accord recognition to a school or withdrawing recognition from an existing school shall be preferred to the following authorities, namely—

(a)      where the appropriate authority is an authority designated or sponsored by the Central Government, to that Government;

(b)      where the appropriate authority is the Administrator, to the Central Government;

(c)      where the appropriate authority is an officer authorised by the Administrator, to the Administrator;

(d)      Where the appropriate authority is a local authority, to the Administrator;

(2)     Every such appeal shall be made in writing and shall be accompanied by a copy of the reasons for the refusal to accord recognition or withdrawal of recognition, as the case may be, communicated to the appellant.

Chapter V SCHEME OF MANAGEMENT

Rule 59. Scheme of management of recognised schools.

(1)     The scheme of management in relation to a recognised school shall provide that—

(a)      the managing committee of a recognised aided school shall consist of not more than fifteen members; and the managing committee of a recognised unaided school shall consist of not more than twenty one members;

(b)      subject to the total number of members specified in clause (a), every managing committee shall include the following, namely—

                                              (i)          the head of the school;

                                             (ii)         one parent, who is a member of the Parent-Teachers Association of the school, constituted in accordance with such instructions as may be issued by the Administrator, and is elected by that Association;

                                            (iii)         two teachers of the school, to be elected by the teachers of that school from amongst themselves;

                                            (iv)        two other persons (of whom one shall be woman), who are, or have been, teachers of any other school or of any college, to be nominated by the Advisory Board;

                                             (v)         two members, to be nominated by the Director, of whom one shall be an educationist and the other an officer of the Directorate of Education, Delhi, not below the rank of the Principal of a higher secondary school;

                                            (vi)        the remaining members to be nominated or elected, as the case may be, in accordance with the rules and regulations of the society or trust by which the school is run :

Provided that in case of an unaided minority school, such members of the managing committee, as are required by this rule to be elected, may, instead of being elected, be nominated by the society or trust by which such unaided minority school is run:

Provided further that in the case of an unaided minority school, the educationist to be nominated by the Director shall be a non-official who shall belong to the minority by which the school is established and run.

(2)     The scheme of management shall also provide for the following, namely—

(a)      the term of office of the members of the managing committee and the manner of its reconstitution or filling of any vacancy occurring therein;

(b)      the manner of elections to the managing committee;

(c)      that for the purpose of elections to the managing committee, the head of the school shall be the returning officer and shall conduct, and be in charge of, the elections;

(d)      that any change in the composition of the managing committee of the members referred to in sub-clauses (ii) and (iii) of clause (b) of sub-rule (1) shall be communicated to the Director within seven days from the date when such change takes place;

(e)      the duties, powers and responsibilities of the managing committee, which shall include control over appointments, disciplinary action, and control on staff, and shall also provide that no financial irregularity is committed or any irregular procedure is followed;

(f)       that the managing committee shall ensure that the school gets the full complement of the teaching staff;

(g)      that the managing committee shall ensure that the school gets furniture, science equipment, library books and other teaching aids, and requisite sports materials;

(h)     the duties, powers and responsibilities of the head of the school, which shall provide that he shall—

                                              (i)          function as the head of office of the school under his charge and carry out all administrative duties required of a head of office;

                                             (ii)         be the drawing and disbursing officer for the employees of the school except that, in the case of an unaided school, he may perform only such functions as drawing and disbursing officer as may be specified in the instructions issued by " the Director;

                                            (iii)         be responsible for the proper maintenance of accounts of the school, school records, service books of teachers, and such other registers, returns and statistics as may be specified by the Director from lime to time;

                                            (iv)        handle official correspondence relating to the school and furnish, within the specified dates, the returns and informations required by the Director;

                                             (v)         make, in the case of unaided schools, all payments (including salaries and allowances of teachers and other non-teaching staff) in time and according to the instructions governing such payment :

Provided that where he is so authorised by the Administrator, make, in the case of an aided school, all such payments according to the instructions governing such payments;

                                            (vi)        ensure that the tuition fees, where levied, are realised and appropriately accounted for and duly appropriated for the purpose for which they were levied;

                                            (vii)        make purchases of stores and other materials required for the school in accordance with the rules governing such purchases and enter all such stores in the sk register and shall scrutinize the bills and make payments;

                                           (viii)       conduct physical verification of school property and sks at least once a year and ensure the maintenance of sk registers neatly and accurately;

                                            (ix)        be responsible for proper utilisation of the Pupils Fund;

                                             (x)         make satisfactory arrangements for the supply of good drinking water and provide other facilities for the pupils and ensure that the school building, its fixtures and furniture, office equipment, lavatories, play grounds, school garden and other properties are properly and carefully maintained;

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

                                            (xii)        be in charge of admissions in the school, preparation of school time-table, allocation of duties and teaching load to the teachers, and shall provide necessary facilities to the teachers in the discharge of their duties and conduct of school examinations in accordance with the instructions issued by the Director from time to time; and he shall discharge these duties in consultation with his colleagues;

                                           (xiii)       plan the year's academic work in advance in consultation with his colleagues and hold staff meeting at least once a month, review the work done during the month and assess the progress of the pupils;

                                           (xiv)       help and guide the teachers and promote their professional growth and towards the end, actively encourage their participation in courses designed for in-service education;

                                            (xv)        promote the initiative of the teachers for self-improvement and encourage them to undertake experiments which are educationally sound;

                                           (xvi)       supervise class-room teaching and secure co-operation and coordination amongst teachers of the same subject area as well as inter-subject coordination;

                                          (xvii)       arrange for special remedial teaching of the children belonging to the weaker sections of the community 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 assignment and ensure that the assessment and corrections are carried out timely and effectively;

                                            (xx)        make necessary arrangements for organising special instructions for the pupils according to their needs;

                                           (xxi)       organise and co-ordinate various co-curricular activities through the house system or in such other effective way as he may think fit;

                                          (xxii)       develop and organise the library resources and reading facilities in the school and ensure that the pupils and teachers have access to and use of books and journals of established value and usefulness;

                                          (xxiii)      send regularly the progress reports of the students to their parents or guardians;

                                          (xxiv)      promote the physical well-being of the pupils, secure high standards of cleanliness and health habits, and arrange periodical medical examinations of the students and send medical reports to parents or guardians;

                                          (xxv)      devote at least twelve periods in a week to teaching of the pupils;

(i)       the educational and other qualifications of the manager and his duties and responsibilities, the position of the manager vis-a-vis the managing committee;

(j)       no employee of an aided school (other than the head of school) shall be appointed as the manager, the head of school may be appointed as the manager of a school, whether aided or unaided;

(k)      appointment of the manager; the terms and conditions of his appointment; removal of the manager; filling up of casual vacancy in the office of the manager; duties and responsibilities of the manager;

(l)       bills (including bills relating to the salaries and allowances of the teachers and non- teaching staff) shall be jointly signed by the manager and the head of the school; but where the head of the school is also the manager, such bills shall be signed jointly by the head of the school and another member of the managing committee specially authorised by that committee in this behalf;

(m)    that the administration and academic work of the school shall be attended to by the head of school, and, except where the head of school is the manager, the manager shall not interfere with the day-to-day administration and academic work of the school;

(n)     members of the managing committee of an aided school shall not be entitled to any remuneration, honorarium or allowance but may be permitted to draw allowances for attending meetings of the managing committee at a rate not exceeding the rate of daijy allowance or travelling allowance admissible to the non-official members of the committees, boards and the like in accordance with the orders issued by the Government of India from time to time :

Provided that if the head of school or a teacher happens to be a member of the managing committee, he shall draw his remuneration in his capacity as the head of school or teacher, as the case may be:

Provided further that the allowances paid to the members of the managing committee for attending meetings thereof shall not be a charge on the school fund;

(o)      no member of the managing committee shall be entitled to participate in any meeting at which his personal conduct is under discussion;

(p)      in the case of an unaided minority school, the form of the contract referred to in sub- section (1) of section 15 and the manner in which every contract of service shall be preserved;

(q)      the managing committee shall be subject to the control and supervision of the trust or society by which such school is run;

(r)      the manager shall not be at the same time the manager of any other school and a person shall not be at the same time the chairman of the managing committee and the manager.

(3)     The managing committee of an existing school shall make the draft of scheme of management after the commencement of these rules and shall, within 90 days from such commencement, submit such draft to the appropriate authority for its approval:

Provided that the appropriate authority may, after giving to the managing committee a reasonable opportunity of being heard, make such alterations or modifications in the draft scheme of management as the circumstances of the case may require.

(4)     The managing committee of an existing school shall bring, within ninety days from the date of approval of the scheme of management by the appropriate authority the composition thereof in conformity with the scheme of management as approved by the appropriate authority.

Chapter VI GRANT-IN-AID

Rule 60.Aid to existing schools to continue.

Every aided school shall, so long as it fulfils the conditions for receiving aid, continue, subject to the provisions of these rules, to receive such aid.

Rule 61. Power of Administrator to determine the number of aided schools.

The Administrator or any other officer authorised by him i n this behalf shall determine, every year, the total number of recognised unaided schools to which grant-in-aid may be given.

Rule 62. Application for grant-in-aid.

Every application for grant-in-aid by a school shall be made in Form II and shall be addressed to the Administrator or any officer authorised by him in this behalf, and every application for the yearly assessment of grant shall be made in Form HI.

Rule 63. Power of administrator to cause the school to be inspected.

Where an application is made for any grant-in-aid in relation to a school, the Administrator shall cause such school to be inspected by an officer authorised by him in this behalf as regards the suitability or otherwise of the school to receive such aid.

Rule 64. No aid to be given unless suitable undertakings are given by the managing committee.

No school shall be granted aid unless its managing committee, gives an undertaking in writing that it shall comply with the provisions of the Act and; these rules and such instructions as may be issued, from time to time, by the Director with regard to the grant- in-aid and that the breach of any provision of the Act, these rules or of any instruction issued by the Director in this behalf shall render such school liable to be removed from the grant- in-aid list.

Rule 65. Conditions for grant-in-aid.

A school seeking grant-in-aid shall have—

(a)      a permanent income, whether from endowments or other sources (excluding fees and the Pupils Fund) which, when supplemented by grant-in-aid, shall be adequate to discharge its obligations under the Act and to enable it to carry on its work efficiently;

(b)      a reserve fund of an amount which shall not be less than the amount indicated in the following Table or the amount specified by rules and regulations of the Affiliating Board, whichever is higher:

Provided that the amount specified in the Table below shall be subject to review, every five years, by the Advisory Board;

(c)      the reserve fund shall be the property of the school, shall be maintained in its name and shall be kept deposited in a scheduled bank or a nationalised bank or a post office and such account shall ordinarily be operated jointly by the Director or any officer authorised by him in this behalf and the manager of the school:

Provided that where it is urgently necessary to draw any money from the reserve fund to meet any emergent expenditure or to meet the salary and allowance of the employees of the school in the event of the omission or failure of the managing committee to discharge the obligations imposed upon it by sub-section (2) of section 10, the account may be operated by the Director alone.

TABLE

Rule 66. No grant-in-aid for unqualifiedstaff.

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

(2)     Save as otherwise provided in sub-rule (5) of rule 98, the pay of unqualified teachers shall not be an admissible charge for the assessment of grant-in-aid for the school unless an exemption has been made by the Director in this behalf.

Rule 67. Enrolment and attendance.

The number of students on the rolls of an aided school shall not fall below the number on the basis of which aid was initially granted to such school, and the number of working days of such school shall not fall below 210 in a year; and where the number of students falls below seventy-five per cent of the first mentioned number or the number of working days falls below 210, a proportionate reduction may be made in the grant- in-aid payable to such school.

Rule 68. Grant-in-aid for a stage of education.

Where a school receiving grant-in-aid for classes comprising one stage wishes to secure grant-in-aid for another stage, the managing committee or the manager of such school shall submit a fresh application in respect of the stage for which such grant is desired.

Rule 69. Stoppage, reduction or suspension of grant-in-aid.

Subject to the provisions of rule 65, any grant-in-aid to a school may be stopped, reduced or suspended at any time by the Administrator—

(a)      if the managing committee of the school fails, without any reasonable excuse, to comply with any provisions of the Act or these rules or any instruction given by the Administrator; or

(b)      if one or more of the conditions for the recognition, discipline, organisation or instructions in the school is unsatisfactory; or

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

(d)      if one or more of the conditions for the recognition of a school or the grant of any aid to a school have been violated:

Provided that no aid shall be stopped, reduced or suspended except after giving to the managing committee of the school a reasonable opportunity of showing cause against the proposed action.

Rule 70. Managing committee to pay its share towards salary and allowances of employ ees, etc.

The managing committee of a school, in relation to which aid has been reduced or suspended, shall, if it runs the school, after such reduction or suspension of aid, discharge the obligation referred to in sub-section (2) of section 10.

Rule 71. Power of Administrator to withdraw from the reserve fund and make payment of managing committee's share of salaries and allowances.

(1)     Where the managing committee omits or fails to deposit its share of the salaries and other allowances of the employees of the school, the Administrator may authorise the Director to draw such amount from the reserve fund as would be sufficient to meet the managing committee's share of the salaries and allowances of the employees.

(2)     The Administrator may also authorise the Director to draw any sum from the reserve fund where such withdrawal from the reserve fund becomes necessary to make any emergent repairs in the building of the school or for any other emergent purpose.

Rule 72. Payment of managing committee's share of salaries and allowances where aid has been stopped, reduced or suspended.

Where aid to any school has been stopped, reduced or suspended, and the managing committee of the school has, by reason of such stoppage, reduction or suspension, omitted or failed to deposit its share of the salaries and allowances of the employees of the school, the Administrator shall pay, or cause to be paid, the managing committee's share of the salaries and allowances of the employees and authorise the Accounts Officer of the Directorate of Education, Delhi, to draw in part or in full the aid which would have been payable to the school but for such stoppage, reduction or suspension and utilise the sum so drawn towards payment of the managing committee's share of the salaries and allowances of the employees of the school, and where such withdrawal and payment is made by the Accounts Officer, he shall keep separate accounts for the withdrawal and expenditure.

Rule 73. Categories of aid.

(1)     Aid shall be of two categories, namely—

(a)      maintenance grant; and

(b)      building grant.

(2)     Maintenance grant shall be of two kinds, namely—

(a)      recurring maintenance grant; and

(b)      non-recurring maintenance grant.

(3)     The recurring maintenance grants are—

(a)      staff grant;

(b)      provident fund grant;

(c)      pension and retirement benefit grant;

(d)      medical benefit grant;

(e)      benefits specified in Chapter X;

(f)       grants for the purpose of books and journals which are essential for the library; and

(g)      grants for the acquisition of essential equipments of the school.

Rule 74. Recurring maintenance grant.

(1)     Recurring maintenance grant shall be given to aided schools at the rate of ninety-five per cent, of the difference between the approved expenditure on the items in relation to which recurring maintenance grant may be made and the income from fees and such other items as may be specified by the Director.

(2)     Special fee, if any, levied with the approval of the Director for the teaching of sciences, music or any other subject shall be included in the total fee income and such special fee shall be expended in full for the purpose for which it has been levied:

Provided that no special fee shall be levied for teaching in the primary or middle stage.

Rule 75. Approved expenditure.

The approved expenditure for recurring maintenance grant shall comprise salaries of the staff appointed with the approval of the Director to the extent of the number of posts which have been/sanctioned and approved by the Director for the purpose of aid in accordance with the post-fixation rules made by the Director from time to time.

Rule 76. Non-recurring maintenance grant.

Non-recurring maintenance grant shall be of the following categories, namely—

(a)      contingent grant;

(b)      rent grant;

(c)      depreciation grant for school;

(d)      hostel grant and depreciation hostel grant;

(e)      grant for equipment, furniture, games and sports materials and the like;

(f)       biennial or triennial grants for the purchase of books for the library and for the setting up of a book bank.

Rule 77. Contingent grant.

(1)     Contingent grant shall be admissible to a school to the extent of ninety, five per cent of the actual expenditure incurred during the period of twelve months immediately preceding the financial year for which the grant is made, subject to such ceiling on items as may be approved by the Director from time to time.

(2)     The approved items of contingent expenditure shall be such as are specified in Appendix I.

(3)     Contingent grant may not be paid unless the audited annual accounts and sundry records, like vouchers, receipts and the like, are produced, as required by the instructions issued by the Director from time to time.

Rule 78. Rent grant.

Rent grant for buildings taken on hire (not being a building taken on hire from any person managing the school) and used for instructional purposes shall be assessed annually and shall be on amount equal to ninety-five percent, of such assessed rent, subject to a maximum limit of three hundred rupees per month, or such higher limit as the Central Government may, from time to time, specify:

Provided that no charge on account of upkeep and repair is of the building shall be added to the rent charged by the landlord.

Rule 79. Depreciation grant for the school.

Schools using their own buildings which have been constructed without any grant from public funds shall be allowed depreciation grant at the rate of Rs. 12.00 per month for each room used for instructional purposes but not exceeding Rs. 300.00 per month for the whole building or such higher sum as the Central Government may, from time to time, specify.

Rule 80. Hostel grant.

Maintenance grant to a hostel attached to an aided school shall be made at the rate not exceeding ninety-five per cent of the excess of approved expenditure over the income from hostel fees specified by the Director, subject to the conditions that the average attendance of students in residence for the period of twelve months immediately preceding the financial year for which the grant is made is not less then ten.

Rule 81. Depreciation grant for hostel.

The aided schools which have their own hostel buildings and which have been constructed without any grant from public funds shall be allowed depreciation grant at the rate of Rs. 12.00 per month for each 150 square metres of area under actual occupation by boarders and for kitchen buildings at the rate of Rs. 8.00 per month and at the rate of Rs. 15.00 per month for the Superintendent's quarters or at such higher rates as the Central Government may, from time to time, specify.

Rule 82. Deprecation fund.

Depreciation grant given to a school or its hostel shall be deposited by the managing committee in a depreciation fund account to be opened in a scheduled bank or a nationalised bank in the joint name of the Director or any other officer authorised by him in this behalf and the manager of the school, and no money shall be withdrawn from the said account for the normal maintenance expenditure :

Provided that the Director may, in special circumstances, permit an aided school to utilize the said fund for extraordinary repairs, additions or alterations to the building or for such other purposes as might yield regular income to the school.

Rule 83. Grant for equipment, furniture, etc.

(1)     Grant for the purpose of equipment, furniture, appliances or games and sports materials or the like shall be paid annually and shall be not less than two-thirds of the total expenditure actually incurred in the purchase of approved articles of such specifications as may be laid down by the Director.

(2)     No grant shall be admissible on the expenditure for the conveyance or cartage of such equipment, furniture or appliances.

(3)     No grant shall also be admissible under this head for ordinary repairs of furniture and equipment and purchase of consumable articles for science, drawing, domestic science or agriculture; and the expenditure on these items shall be incurred from the contingent grant or from the special fee, if any, levied for the teaching of such subject.

Rule 84. Conditions relating to the payment of grant for equipment etc.

The grant for the purchase of furniture, equipment or appliances, games and sports materials or the like, shall be paid subject to the following conditions, namely—

(a)      that the Director is satisfied that the purchase for which the grant is made has actually been made and that the articles are of the approved kind and specification;

(b)      the managing committee of the school gives an undertaking, in writing, that—

                                              (i)          no article purchased with the grant shall be struck off from the school property register or the sk register and no book shall be removed from the catalogue of library books unless it has been previously declared as unserviceable by a properly constituted Condemnation Board constituted by the Directorate of Education, Delhi;

                                             (ii)         all such unserviceable articles shall be written off and disposed of by the managing committee in accordance with the instructions of the Director;

Provided that where the value of any unserviceable article exceeds rupees five hundred, it shall not be written off without the previous sanction of the Director;

                                            (iii)         the sale proceeds, if any, shall be refunded to the Government in the same proportion in which the grant was drawn for the purchase of the article;

                                            (iv)        if the school ceases to be a school of the status approved by the Director or an aided school or it has been maintained in a state of inefficiency, or the articles are used for purposes other than those for which they have been purchased, then the Director shall have a lien on the articles for the recovery of a sum which bears such proportion to the present market value of the articles as the grant bears to the market value of such articles at the time when the grant was made;

                                             (v)         non-recurring grant may be sanctioned by the Director at the rate of not less than two-thirds of the approved expenditure subject to a maximum of one thousand rupees in each individual case.

Rule 85. Application for grant of furniture, etc.

(1)     Application for grant for the purchase of furniture, equipments, appliances and games and sports materials shall be submitted in Form II to the Administrator by the 1st day of September of the financial year preceding that in which the grant, if approved, is to be paid, and a detailed list, with the cost of each item, shall be invariably furnished with each application.

(2)     The decision of the Director shall be communicated to the managing committee of the school by the 31st day of December of the year in which the application is made.

Rule 86. Procedure for purchase of furniture.

The purchase of equipment, furniture, appliances and games and sports materials and the submission of grant papers shall be made in accordance with such procedure, and shall be governed by such conditions, as may be specified by the Director from time to time.

Rule 87. Building grant.

(1)     Building grant may be paid for the following purposes only to those schools which are qualified to receive maintenance grant, for—

(a)      purchase, construction or extension of school or hostel buildings;

(b)      payment of debts incurred in the purchase, construction or extension of school or hostel buildings.

(2)     No grant shall be admissible under sub-rule (1) for ordinary and extraordinary repairs and for the upkeep of a school building, and any grant made under clause (b) of sub- rule (1) shall be made only in special cases.

Rule 88. Quantum of building grant.

No building grant shall ordinarily exceed two-thirds of the total expenditure actually incurred subject to a maximum of rupees one lakh or any higher amount which may, after the commencement of these rules, be approved by the Central Government.

Rule 89. Application for building grant.

(1)     Application for building grant shall be submitted, along with the plan estimates and specifications for the building, in such form as may be specified by the Administrator.

(2)     Every application for building grant shall comply with such conditions, including execution of an agreement, as may be specified by the Administrator.

Rule 90. Income from building.

Any income derived by letting out a portion or whole of the building used for instructional purposes or for hostel shall be regarded as miscellaneous income of the school and shall be deducted from the total rent or depreciation grant due to it, in accordance with the following criteria, namely—

                              (i)          in the case of school buildings which have been constructed after obtaining building grant from the Administrator, or public funds, only two-thirds of the total amount recovered from any canteen, tuck-shop or any employee living in the school premises shall be adjustable against the grant payable to the school;

                             (ii)         in the case of school buildings which have been constructed without assistance from building grant or public funds, one-third of the total amount of income derived by the school from any canteen, tuck shop or any employee living in the school premises shall be adjustable against the depreciation grant payable to the school;

                            (iii)         in the case of schools which are housed in rented buildings, the entire income derived by the school from any canteen, tuck-shop or any employee living in the school premises shall be adjustable against the rent grant if the rent of the school building is within the specified limit; but where the rent paid is in excess of the specified limit, that part of the income which reduces the liability to the specified limit, shall be taken into account for adjustment against rent grant.

Rule 91. Grant not admissible on the salary of manager.

(1)     If the manager of a school is a person other than the head of the school and such manager is working on a salaried basis, no grant shall be admissible in relation to the salary of such manager.

(2)     Where the head of the school also functions as the manager thereof, no salary or other remuneration shall be payable to him for functioning as such manager.

Rule 92. Conditions of inadmissibility of grants.

(1)     No aid shall I be admissible on any special increment, allowance or financial benefit given to the employees unless the same has been previously approved by the Director.

(2)     No aid shall be granted in respect of any employee who is retained in service subsequent to the attainment by such employee of the age of superannuation, unless such retention is made in accordance with these rules or with prior approval of the Director, or in accordance with the general instructions issued by the Director.

(3)     No aid shall be admissible in the case of an employee rendering gratuitous service:

Provided that if an employee is approved by the Director to work on part-time and salaried basis the admissible grant in his case shall be calculated at the rate of pay specified for similar category of teachers employed in Government schools and in proportion to the time spent by him for teaching work other than religious instruction.

(4)     The minimum number of weekly period of actual secular instruction required to qualify a teacher for full staff grant, shall not be less than that laid down from time to time for a teacher of a similar grade in a Government school;

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

Chapter VII SCHOOL PROPERTY

Rule 93. Particulars of school property to be furnished to the appropriate authority.

The manager or managing committee of every aided school shall furnish to the appropriate authority, in Form IV, statements (in triplicate) of all movable and immovable properties of the school.

Rule 94. Transfer of school property.

Where any school property, movable or immovable, has been acquired wholly or partly out of the funds provided by the Administrator by way of aid, such property may be transferred without the previous approval of the appropriate authority if such school property is declared by the appropriate authority to be obsolete, surplus or unserviceable, and every such disposal shall be made by public auction or in such other manner as may be specified by the appropriate authority.

Rule 95. Form and time for appeal.

Any person aggrieved by the grant or refusal of permission under sub-section (2) of section 7 may prefer an appeal to the Administrator within thirty days from the date of communication of the grant of refusal or permission to transfer school property, and every such appeal shall be preferred in the form of an application and contain the particulars of the school property proposed to be transferred:

Provided that the Administrator may, if he is satisfied, that the appellant was prevented by sufficient cause from preferring the appeal within the said period of thirty days, extend the period by such further period not exceeding thirty days, as he may think fit.

Chapter VIII RECRUITMENT AND TERMS AND CONDITIONS OF SER VICE OF EMPLOYEES OF THE PRIVATE SCHOOLS OTHER THAN UNAIDED MINORITY SCHOOLS

Rule 96. Recruitment.

(1)     Nothing contained in this Chapter shall apply to an unaided minority school.

(2)     Recruitment of employees in each recognised private school shall be made on the recommendation of the Selection Committee.

(3)     The Selection Committee shall consist of:

(a)      in the case of recruitment of the head of the school,—

                                              (i)          the Chairman of the managing committee;

                                             (ii)         in the case of an unaided school, an educationist nominated by the managing committee, and an educationist nominated by the Director;

                                            (iii)         in the case of an aided school, two educationists nominated by the Director, out of whom at least one shall be a person having experience of school education;

                                            (iv)        a person having experience of the administration of schools, to be nominated, in the case of an unaided school by the managing committee, or in the case of an aided school, by the Director;

(b)      in the case of an appointment of a teacher (other than the head of the school)—

                                              (i)          the Chairman of the managing committee or a member of the managing committee nominated by the Chairman;

                                             (ii)         the head of the school;

                                            (iii)         in the case of a primary school, a female educationist having experience of school education;

                                            (iv)        in the case of an aided school, one educationist to be nominated by the Director, and one representative of the Director;

                                             (v)         in the case of appointment of a teacher for any class in the middle stage or any class in the higher secondary stage, an expert on the subject in relation to which the teacher is proposed to be appointed, to be nominated, in the case of an unaided school by the managing committee, or in the case of an aided school, by the Director.

(c)      in the case of an appointment of any other employee, not being an employee belonging to class IV,—

                                              (i)          the Chairman of the managing committee or a member of the managing committee, to be nominated by the Chairman;

                                             (ii)         head of the school;

                                            (iii)         a nominee of the Director;

                                            (iv)        in the case of an aided school, two officers having experience of the administration of school, to be nominated by the Director.

(4)     Nomination of any educationist or expert as a member of the Selection Committee shall be made out of a panel prepared for the purpose by the Advisory Board.

(5)     The Chairman of the managing committee, or, where he is not a member of the Selection Committee, the member of the managing committee who is nominated by the Chairman to be a member of the Selection Committee, shall be the Chairman of the Selection Committee.

(6)     The Selection Committee shall regulate its own procedure.

(7)     Where any selection made by the Selection Committee is not acceptable' to the managing committee of the school, the managing committee shall record its reasons for such non-acceptance and refer the matter to the Director for his decision and the Director shall decide the same.

(8)     Where a candidate for recruitment to any post in a recognised school is related to any member of the Selection Committee, the member to whom he is related shall not participate in the selection and a new member shall be nominated, in the case of an aided school, by the Director, and in the case of any other school, by the managing committee, in place of such member.

(9)     No managing committee shall entertain any application for employment from a person who is already serving as teacher in a recognised school, whether aided or not, unless the application from such person is duly forwarded by the manager of the school in which such applicant is serving:

Provided that every application from such person shall be forwarded by the manager, but any application in excess of three in a year shall not be forwarded unless the managing committee, for reasons to be recorded by it in writing, so directs:

Provided further that no such teacher shall be relieved of his duties except after the expiry of a period of:

                                                              (i)          three months, in the case of a permanent teacher, from the date on which notice of intimation to leave the school is given; and

                                                             (ii)         one month, in the case of a teacher who is not permanent, from the date on which notice of intimation to leave the school is given :

Provided also where the managing committee is in a position to provide for a substitute for such teacher earlier than the respective period specified in the foregoing proviso, the managing committee may relieve the teacher of his duties on the expiry of such earlier period.

Rule 97. Relaxation to be made with the approval of the director.

Where the relaxation of any essential qualification for the recruitment of any employee is recommended by the appropriate selection committee, the managing committee of the school shall not give effect to such recommendation unless such recommendation has been previously approved by the Director.

Rule 98. Appointing authority.

(1)     The appointment of every employee of a school shall be made by its managing committee.

(2)     Every appointment made by the managing committee of an aided school shall, initially, be provisional and shall require the approval of the Director.

(3)     The particulars of every appointment made by the managing committee of an aided school shall be communicated by such committee to the Director (either by registered post acknowledgement due or by messenger who will obtain an acknowledgement of the receipt thereof), within seven days from the date on which the appointment is made.

(4)     The Director shall be deemed to have approved an appointment made by the managing committee of an aided school if within fifteen days from the date on which the particulars of the appointment are communicated to him under sub-rule (3), he does not intimate to the managing committee his disapproval of the appointment.

(5)     Where any appointment made by the managing committee of an aided school is not approved by the Director, such appointment may (pending the regular appointment to the post) be continued on an ad hoc basis for a period not exceeding three months and the salary and allowances of the person so continued on an ad hoc basis shall qualify for the computation of the aid to be given to such school.

Rule 99. Prohibition against the employment of dismissed employees.

No aided school shall employ, except with the previous approval of the Director, an employee who has been dismissed from service by another aided or Government school.

Rule 100. Minimum qualifications for appointment of teachers.

Until separate rules specifying the minimum qualifications of teachers of schools, whether aided or not, are made by the Administrator in consultation with the Advisory Board and after giving the Affiliating Board or the appropriate authority, as the case may be, a reasonable opportunity of being heard, the minimum qualifications for employment as a teacher—

(a)      in a recognised unaided school shall not be lower than those specified by the Affiliating Board:

Provided that where no minimum qualifications have been specified by the Affiliating Board, the minimum qualifications shall be such as have been specified by the appropriate authority:

Provided further that the managing committee of such school may specify qualifications higher than those or in addition to those, specified by the Affiliating Board or the appropriate authority, as the case may be, but no such higher or additional qualification shall be specified in relation to a teacher who is already serving the school;

(b)      in an aided school, shall be those as have been specified by the Administrator for appointment to corresponding posts in Government schools;

(c)      where a post (other than that of a teacher) in a school, whether aided or not, does not correspond to any post in the Government schools, the minimum qualifications for recruitment to such post shall be such as may be specified by the Director.

Rule 101. Appointment of part- time teachers to be permitted in primary schools or primary stage of any school.

(1)     It shall be lawful for the managing committee of a primary school or the managing committee of a school having a primary stage to appoint for the primary stage, a female teacher on a part-time but regular basis- Provided that not more than twenty per cent of the total strength of teachers of the primary school or primary stage, as the case may be, shall be appointed on a part-time basis.

(2)     The salary and allowances admissible to a female teacher appointed on a part-time but regular basis shall be one-half of those of a full-time teacher appointed on a regular basis:

Provided that medical facilities and other benefits (not being pensionary, provident fund or retirement benefits) admissible to a part-time female teacher shall be the same as are admissible to a full-time teacher.

(3)     If any part-time female teacher is appointed on a whole-time basis, one-half of the period of service rendered by such female teacher on a part-time basis shall be reckoned as qualifying service for the purpose of computation of pension and other retirement benefits admissible to her.

Rule 102. Minimum qualifications for recruitment to other posts.

In the case of an employee other than a teacher the qualifications for recruitment shall be the same as are specified by the Administrator for appointment to corresponding posts in Government schools.

Rule 103. Power to relax qualifications.

(1)     The Affiliating Board or in the case of primary or middle schools, the appropriate authority, may, in case of non-availability of trained or qualified teachers in a particular subject, relax the minimum qualifications for such period as it may think fit:

Provided that no such relaxation shall be made except with the previous approval of the Director.

(2)     The minimum qualifications may also be relaxed by the Affiliating Board or the appropriate authority, as the case may be, in the case of candidates belonging to the Scheduled Castes or Scheduled Tribes:

Provided that such relaxation shall be made in accordance with the orders on the subject made by the Central Government from time to time.

Rule 104. Age limit.

The minimum and maximum age limit for recruitment to a recognised private school, whether aided or not, shall be the limits specified by the Administrator for appointment to corresponding posts in Government schools:

Provided that the age limit may be relaxed in the case of a candidate belonging to the Schedule Castes or Scheduled Tribes or any other special category of persons in accordance with the orders on the subject made by the Central Government from time to time.

Rule 105. Probation.

(1)     Every employee shall, on initial appointment, be on a probation for a period of one year which may be extended by the appointing authority by another year and the services of an employee may be terminated without notice during the period of probation if the work and conduct of the employee, during the said period, is not, in the opinion of the appointing authority, satisfactory:

Provided that no termination from the service of an employee on probation shall be made by an aided school except with the previous approval of the Director.

(2)     If the work and conduct of an employee during the period of probation is found to be satisfactory, he shall be on the expiry of the period of probation or the extended period of probation, as the case may be, confirmed with effect from the date of expiry of the said period.

(3)     Nothing in this rule shall apply to an employee who has been appointed to fill a temporary vacancy or any vacancy for a limited period.

Rule 106. Medical certificate and character certificate.

(1)     Every appointment in a recognised private school, whether aided or not, shall be subject to the physical fitness and good character of the appointee.

(2)     A candidate selected for appointment shall be required to produce a medical certificate of fitness from a hospital established or maintained by Government or any local authority or from a registered medical practitioner approved for the purpose by the Director and two candidates from two different members of Parliament or members of Metropolitan Council of Delhi or gazetted officers or members of a local authority, not related to the candidate, certifying the character of appointee.

(3)     In the case of an aided school, a copy of the medical certificate and a copy each of the certificates of character shall be enclosed with the grant-in-aid papers claiming, for the first time, the salary grant of the appointee.

Rule 107. Fixation of pay.

(1)     The initial pay of an employee, on first appointment, shall be fixed ordinarily at the minimum of the scale of pay:

Provided that a higher initial pay, in the specified scale of pay, may be given to a person by the appointing authority:

Provided further that no higher initial pay shall be granted in the case of an aided school except with the previous approval of the Director.

(2)     The pay of an employee on promotion to a higher grade or post shall be determined by the same rules as are applicable to the employees of Government schools.

Rule 108. Filling of vacancies.

Every vacancy in an aided school shall be filled by promotion or by direct recruitment in accordance with such rules as may be made by the administration in this behalf.

Rule 109. Seniority.

(1)     Seniority of employees shall be determined by the order of merit in which they were selected for appointment to the concerned post, these selected on an earlier occasion being ranked senior to those selected later.

(2)     Inter se seniority between direct recruits and promotees shall be determined according to the rotation of vacancies between direct recruits and promotees which shall be based on the quotas of vacancies reserved for direct recruitment and promotion respectively in the recruitment rules.

Rule 110. Retirement age.

(1)     Except where an existing employee is entitled to have a higher age of recruitment, every employee of a recognised private school, whether aided or not, shall hold office until he attains the age of 58 years:

Provided that the managing committee may grant extension to a teacher for a period not exceeding two years in the aggregate, if in the opinion of the managing committee such teacher is fit for such extension and has no mental or physical incapacity which would disentitle him to get such extension:

Provided further that no such extension shall be granted in the case of a teacher of an aided school except with the previous approval of the Director:

Provided also where a teacher attains the age to superannuation on or after the 1 st day of November of any year, such teacher shall be re-employed up to the 30th day of April of the year immediately following.

(2)     Notwithstanding anything contained in sub-rule (1) where a teacher has obtained a National or State Award for rendering meritorious service as a teacher or where he has received both the National and State Awards as aforesaid, the period of service of such teacher may be extended by such period as the Administrator may, by general or special order, specify in this behalf.

Rule 111. Leave of absence.

Every employee of a recognised private school, whether aided or not, shall be entitled to such leave as are admissible to employees of a corresponding status in government school.

Rule 112. Confidential reports.

(1)     Confidential reports in relation to the heads of schools and other employees of recognised schools, whether aided or not, shall be maintained in the form specified by the Administrator in this behalf.

(2)     The form referred to in sub-rule (1) shall consist of two parts, of which the first part shall contain factual assessments with regard to the work done by the employee concerned and the second part shall contain the opinion with regard to the performance of the employee concerned.

(3)     The signature of the concerned employee shall be obtained on the first part of the confidential report before any opinion with regard to his performance is recorded in the second part of the report:

Provided that if the head of the school or other employee refuses to affix his signature to the factual assessment of his work, that authority recording the confidential report shall make a record of such refusal and complete the confidential report.

(4)     The confidential report shall be recorded, every year, by the head of the school in respect of the employees working under him and every such confidential report shall be reviewed by the managing committee.

(5)     The confidential report in respect of the head of the school shall be recorded, every year, by the chairman of the managing committee and every such confidential report shall be reviewed by the managing committee.

(6)     Any adverse entry in the confidential report, in relation to any head of the school or other employee shall be communicated to him by the chairman of the managing committee and every such communication shall be made in accordance with the instructions issued by the Central Government in respect of the employees of that Government.

(7)     Any employee of an aided school who is aggrieved by any adverse entry in his confidential report may, within thirty days from the date on which such adverse entry is communicated to him, prefer an appeal against such entry to the Director, and the Director may, after giving to the managing committee a reasonable opportunity of showing cause, make such alterations in the entries in the confidential report as he may think fit and may, for that purpose require the managing committee to produce the concerned confidential report.

(8)     The confidential report in relation to the head of the school shall be kept in the safe custody of the chairman of the managing committee and the confidential reports in relation to the other employees of the school shall be kept in the safe custody of the head of the school.

Rule 113. Private tuitions.

No teacher shall undertake private tuitions or private employment or otherwise engage himself in any business.

Rule 114. Number of hours to be devoted to the teaching of students.

(1)     Every teacher shall devote in a year not less than 1200 hours to the teaching of students, out of which not more than 200 hours may be required to be devoted for the coaching, in the school premises, of weak or gifted students, whether before or after the school hours:

Provided that if any teacher is required to devote more than 1200 hours to the teaching of students, extra remuneration shall be paid to him at such rate as may be determined by the managing committee, for every hour in excess of 1200 hours devoted by him to the teaching of students.

(2)     In the case of an aided school, the extra remuneration referred to in sub-rule (1) shall be subject to the previous approval of the Director and shall qualify for aid at the rate of 95 per cent of such extra remuneration, and in the case of an unaided recognised school, such extra remuneration may be recovered from the students at such proportionate rates as may be determined by the managing committee.

Rule 115. Suspension.

(1)     Subject to the provision of sub-sections (4) and (5) of section 8, the managing committee may place an employee of a recognised private school, whether aided or not, under suspension—

(a)      where a disciplinary proceeding against such employee is contemplated or pending; or

(b)      where a case against him in respect of any criminal offence is under investigation or trial; or

(c)      where he is charged with embezzlement; or

(d)      where he is charged with cruelty towards any student or other employee of the school; or

(e)      where he is charged with misbehaviour towards any parent, guardian, student or employee of the school; or

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

(2)     No order for suspension shall remain in force for more than six months unless the managing committee, for reasons to be recorded by it in writing, directs the continuation of the suspension beyond the period of six months:

Provided that where a suspension is continued beyond a period of six months, the Director may, if he is of opinion that the suspension is being unreasonably prolonged, revoke the order of suspension.

(3)     An employee of a recognised private school, whether aided or not, shall be deemed to have been placed under suspension by an order of the appointing authority;

(a)      with effect from the date of his detention, if he is detained in custody for a period exceeding forty eight hours on a charge of an offence which in the opinion of the managing committee involves moral turpitude;

(b)      with effect from the date of his conviction, if in the event of a conviction for an offence involving, in the opinion of the managing committee, moral turpitude, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired from service consequent on such conviction.

Explanation—The period of forty eight hours referred to in this rule shall be computed from the commencement of detention or conviction, as the case may be, and for this purpose, intermittent periods of detention shall be taken into account.

(4)     Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an employee is set aside or rendered void, in consequence of, or by, a decision of a court of law or of the Tribunal; and the disciplinary authority on a consideration of the circumstances of the case decides to hold further inquiry against such employee on the same allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, such employee shall be deemed to have been placed under suspension by the managing committee from the date of original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders:

[2]Provided that no such further enquiry shall be ordered unless it is intended to meet a situation where the court has passed an order purely on technical grounds without going into the merits of the case.

(5)     (a) An order of suspension made or deemed to have been made in these rules shall continue to remain in force until it is modified or revoked by the managing committee or the Director.

(b) Where an employee is suspended or is deemed to have been suspended and any other disciplinary proceeding is commenced against him during the continuance of that suspension, the managing committee may for reasons to be recorded by it in writing, direct that the employee shall continue to be under suspension until the termination of all or any such proceeding.

(c) An order of suspension made or deemed to have been made under these rules may, at any time be modified or revoked by the managing committee or in the case of an aided school, by the Director.

Rule 116. Subsistence allowance.

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

(a)      a subsistence allowance at an amount equal to one-half of the pay last drawn by him and in addition to such pay, dearness allowance at the appropriate rate to be paid in the same manner as salary:

Provided that where the period of suspension is extended beyond twelve months, the managing committee shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of past twelve months as follows:

                                                              (i)          the amount of subsistence allowance may be increased by a suitable amount, not exceeding fifty per cent of the subsistence allowance admissible for the period of first twelve months, if, in the opinion of the managing committee, to be recorded in writing, the period of suspension has been prolonged, for reasons not directly attributable to the employee;

                                                             (ii)         the amount of subsistence allowance may be reduced by a suitable amount not exceeding fifty per cent of the subsistence allowance admissible for the first twelve months, if, in the opinion of the managing committee, to be recorded in writing, the period for suspension has been prolonged due to reasons directly attributable to the employee:

(b)      any other compensatory allowance admissible, from time to time, on the basis of pay of which the employee was in receipt on the date of suspension:

Provided that the employee shall not be entitled to the compensatory allowance unless the managing committee is satisfied that the employee continues to meet the expenditure for which such compensatory allowance is admissible;

(c)      no payment of subsistence allowance shall be made unless the employee furnishes a certificate to the effect that he is not engaged in any other employment, business, profession or vocation:

Provided that in the case of an employee dismissed, removed or compulsorily retired from service, who is deemed to have been placed or to continue to be under suspension and who fails to produce such a certificate for any period or periods during which he is deemed to be placed or continue to be under suspension, he shall be entitled to the subsistence allowance and other allowances equal to the amount by which his earnings during such period or periods, as the case may be, fall short of the amount of subsistence allowance and other allowances that would otherwise be admissible to him; where these subsistence and other allowances admissible to him are equal to or less than the amount earned by him, nothing in this provision shall apply to him.

(2)     If the managing committee fails to pay any subsistence allowance or compensatory allowance within thirty days from the date from which the payment becomes due, the employee may appeal to the Director, who may pass appropriate orders:

Provided that in the case of an aided school, the managing committee shall deposit with the Administrator its share of the subsistence allowance and the Administrator shall make arrangements for the payment of the subsistence allowance admissible to an employee under suspension.

(3)     If any doubt arises with regard to the application of this rule, the same shall be resolved in accordance with the orders issued by the Central Government in respect of its employees.

(4)     Where a suspended employee is exonerated after disciplinary proceeding or where any criminal prosecution against a suspended employee ends with an honourable acquittal, the salaries and allowances of such employee minus the subsistence allowance received by him shall be paid to him from the date on which he was suspended.

Rule 117. Penalties and disciplinary authority.

The following penalties may, for good and sufficient reasons, including the breach of one or more of the provisions of the Code of conduct, be imposed upon an employee of a recognised private school, whether aided or not, namely—

(a)      Minor penalties.

                                              (i)          censure;

                                             (ii)         recovery from pay the whole or any part of any pecuniary loss caused to the school by negligence or breach of orders;

                                            (iii)         withholding of increments of pay;

(b)      Major penalties—

                                              (i)          reduction in rank;

                                             (ii)         compulsory retirement;

                                            (iii)         removal from service, which shall not be a disqualification for future employment in any other recognised private school;

                                            (iv)        dismissal from service, which shall ordinarily be a disqualification for future employment in any aided school.

Explanation— The following shall not amount to a penalty within the meaning of this rule, namely—

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

(b)      retirement of the employee in accordance with the provisions relating to superannuation or retirement;

(c)      replacement of a teacher, who was not qualified at the date of his appointment, by a qualified one;

(d)      discharge of an employee appointed on a short-term officiating vacancy caused by the grant of leave, suspension or the like.

Rule 118. Disciplinary authorities in respect of employees.

The disciplinary committee in respect of every recognised private school, whether aided or not, shall consist of—

                              (i)          the chairman of the managing committee of the school;

                             (ii)         the manager of the school;

                            (iii)         a nominee of the Director, in the case of an aided school, or a nominee of the appropriate authority, in the case of an unaided school;

                            (iv)        the head of the school, except where the disciplinary proceeding is against him and where the disciplinary proceeding is against the Head of the School, the Head of any other school, nominated by the Director;

                             (v)         a teacher who is a member of the managing committee of the school, nominated by the Chairman of such managing committee.

Rule 119. Procedure for imposing minor penalties.

No order imposing a minor penalty shall be made except after informing the employee in writing of the proposal to take action against him and the allegation on which such action is proposed to be taken and except after giving to the employee an opportunity to make any representation against the proposed action.

Rule 120. Procedure for imposing major penalty.

(1)     No order imposing on an employee any major penalty shall be made except after an inquiry, held, as far as may be, in the manner specified below—

(a)      the disciplinary authority shall frame definite charges on the basis of the allegation on which the inquiry is proposed to be held and a copy of the charges together with the statement of the allegations on which they are based shall be furnished to the employee and he shall be required to submit within such time as may be specified by the disciplinary authority, but not later than two weeks, a written statement of his defence and also to state whether he desires to be heard in person;

(b)      on receipt of the written statement of defence, or where no such statement is received within the specified time, the disciplinary authority may itself make inquiry into such of the charges as are not admitted or if considers it necessary so to do, appoint an inquiry officer for the purpose;

(c)      at the conclusion of the inquiry, the inquiry officer shall prepare a report of the inquiry regarding his findings on each of the charges together with the reasons therefor;

(d)      the disciplinary authority shall consider the record of the inquiry and record its findings on each charge and if the disciplinary authority is of opinion that any of the major penalties should be imposed, it shall—

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

                                             (ii)         give him notice in writing stating the action proposed to be taken in regard to him and calling upon him to submit within the specified time, not exceeding two weeks, such representation as he may wish to make against the proposed action;

                                            (iii)         on receipt of the representation, if any, made by the employee, the disciplinary authority shall determine what penalty, if any, should be imposed on the employee and communicate its tentative decision to impose the penalty to the Director for his prior approval;

                                            (iv)        after considering the representation made by the employee against the penalty, the disciplinary authority shall record its findings as to the penalty which it proposes to impose on the employee and send its findings, and decision to the Director for his approval and while sending the case to the Director, the disciplinary authority shall furnish to him all relevant records of the case including the statement of allegations, charges framed against the employee, representation made by the employee, a copy of the inquiry report, where such inquiry was made, and the proceedings of the disciplinary authority.

(2)     No order with regard to the imposition of a major penalty shall be made by the disciplinary authority except after the receipt of the approval of the Director.

(3)     Any employee of a recognised private school who is aggrieved by any order imposing on him the penalty of compulsory retirement or any minor penalty may prefer an appeal to the Tribunal.

Rule 121. Payment of pay and allowances on reinstatement.

(1)     When an employee who has been dismissed, removed or compulsorily retired from service is reinstated as a result of appeal or would have been so reinstated but for his retirement on superannuation while under suspension preceding the dismissal, removal or compulsory retirement, as the case may be, the managing committee shall consider and make a specific order—

(a)      with regard to the salary and allowances to be paid to the employee for the period of his absence from duty, including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be; and

(b)      whether or not the said period shall be treated as the period spent on duty.

(2)     Where the managing committee is of opinion that the employee who had been dismissed, removed or compulsorily retired from service has been fully exonerated, the employee shall be paid the full salary and allowances to which he would have been entitled had he not been dismissed, removed or compulsorily retired from service or suspended prior to such dismissal, removal or compulsory retirement from service, as the case may be:

Provided that where the managing committee is of opinion that the termination of the proceedings instituted against the employee had been delayed due to reasons directly attributable to the employee, it may, after giving a reasonable opportunity to the employee to make representations and after considering the representation, if any, made by the employee, direct, for reasons to be recorded by it in writing, that the employee shall be paid for the period of such delay only such proportion of the salary and allowances as it may determine.

(3)     The payment of allowances shall be subject to all other conditions under which such allowances are admissible and the proportion of the full salary and allowances determined under the proviso to sub-rule (2) shall not be less than the subsistence allowance and other admissible allowances.

Chapter IX CODE OF CONDUCT FOR TEACHERS AND OTHER EMPLOYEES

Rule 122. Employees of recognised schools to be governed by the Code of Conduct.

Every employee of a recognised school, whether aided or not, shall be governed by the Code of Conduct, as specified in this Chapter, and every such employee shall be liable to the disciplinary action, specified in rule 115, for the breach of any provision of the Code of Conduct:

Provided that in the case of an employee of an unaided minority school, the penalties for the breach of any provision of the Code of Conduct shall be such as may be specified in the contract of service between the management of the school and the concerned employee.

Rule 123. Code of Conduct for teachers.

(1)     The Code of Conduct for the teachers of the recognised schools, including unaided minority schools, shall be as follows—

(a)      No teacher shall—

                                              (i)          knowingly or wilfully neglect his duties;

                                             (ii)         propagate through his teaching lessons or otherwise, communal or sectarian outlook, or incite or allow any student to indulge in communal or sectarian activity;

                                            (iii)         discriminate against any student on the ground of caste, creed, language, place of origin, social and cultural background or any of them;

                                            (iv)        indulge in, or encourage, any form of malpractice connected with examination or any other school activity;

                                             (v)         make any sustained neglect in correcting class work or home work done by students;

                                            (vi)        while being present in the school, absent himself (except with the previous permission of the head of the school) from the class which is required to attend;

                                            (vii)        remain absent from the school without leave or without the previous permission of the head of the school:

Provided that where such absence without leave or without the previous permission of the head of the school is due to reasons beyond the control of the teacher, it shall not be deemed to be a breach of the Code of Conduct, if, on return to duty, the teacher has applied for and obtained ex post facto, the necessary sanction for the leave.

                                           (viii)       accept any job of a remunerative character from any source other than the school or give private tuition to any student or other person or engage himself in any business;

                                            (ix)        prepare or publish any book or books, commonly known as keys, or assist, whether directly or indirectly, in their publication;

                                             (x)         engage himself as a selling agent or canvasser for any publishing firm or trader;

                                            (xi)        ask for or accept (except with the previous sanction of the Director, in the case of an aided school, or of the managing committee, in the case of an unaided school), any contribution, or otherwise associate himself with the raising of any funds or make any other collections, whether in cash or in kind, in pursuance of any object whatsoever, except subscription from the members of any association of teachers;

                                            (xii)        enter into any monetary transactions with any student or parent; nor shall he exploit his influence for personal ends; nor shall he conduct his personal matters in such a manner that he has to incur a debt beyond his means to repay;

                                           (xiii)       accept, or permit any member of his family or any other person acting on his behalf to accept, any gift from any student, parent or any person with whom he has come into contact by virtue of his position in the school.

Explanation— (a) The expression "gift" shall include free transport, boarding, lodging or other service or any other pecuniary advantage when provided by any person other than a near relation or personal friend having no dealings with him in connection with the school.

Note- A casual meal, lift or other social hospitality of a casual nature shall not be a gift.

(b)      On occasions, such as, weddings, anniversaries, funerals or religious function when the making of a gift is in conformity with the prevailing religious or social practice, a teacher may accept gift if the value thereof does not exceed Rs. 25.00;

                                              (i)          practice, or incite any student to practice, casteism, communalism or untouchability;

                                             (ii)         cause, or incite any other person to cause, any damage to school property;

                                            (iii)         behave, or encourage or incite any student, teacher or other employee to behave, in a rowdy or disorderly manner in the school premises;

                                            (iv)        be guilty of, or encourage, violence, or any conduct which involves moral turpitude;

                                             (v)         be guilty of misbehavior or cruelty towards any parent, guardian, student, teacher or other employee of the school;

                                            (vi)        organise or attend any meeting during the school hours except where he is required, or permitted by the head of the school to do so;

(c)      every teacher shall—

                                              (i)          be punctual in attendance and in respect of his class-work and also for any other work connected with the duties assigned to him by the head of the school;

                                             (ii)         abide by the rules and regulations of the school and also show due respect to the constituted authority.

(2)     Nothing contained in sub-rule (1) shall be deemed to take away or abridge the right of a teacher—

(a)      to appear at any examination to improve his qualifications;

(b)      to become, or to continue to be, a member of any literary, scientific or professional organisation;

(c)      to make any representation for the redressal of any bona fide grievance, subject to the condition that such representation is not made in any rude or indecorous language;

(d)      to organise or attend any meeting outside the school hours, subject to the condition that such meeting is held outside the school premises:

Provided that where any teachers' organisation or association does not have any facility to hold any meeting outside the school premises, a meeting of such organisation or association, for the bona fide purposes, may be held within the premises but before or after the school-hours, with the previous permission of the head of the school.

(3)     The breach of any condition specified in sub-rule (1) shall be deemed to be a breach of the Code of Conduct.

Rule 124. Code of Conduct for other employees.

The Code of Conduct specified for teachers shall, so far as may be, apply to other employees of a recognised private school, including an unaided minority school.

Chapter X ADDITIONAL BENEFITS

Rule 125.

Every employee of a recognised private school, not being an unaided minority school, shall be entitled to the following additional benefits, namely—

Rule 126. Power to satisfy procedure for payment of salaries, etc.

(1)     The Administrator shall, in consultation with the Accountant General, Central Revenues, specify the detailed procedure for payment of pay and allowances, pension and gratuity, reimbursement of medical bills, accounting of Provident Fund and payment of other allowances, such as, children's educational allowance to the employees of aided schools.

(2)     The Administrator shall, in like manner, specify the detailed procedure for the deposits made by the managing committees of recognised aided schools (not being unaided minority schools) of their share of the pay and allowances, pension, gratuity, provident fund and the benefits specified in rule 125.

Chapter XI UNAIDED MINORITY SCHOOLS

Rule 127. Recruitment.

(1)     Recruitment of employees i n each recognised Unaided minority school shall be made on the recommendation of a Selection Committee to be constituted by the managing committee of that school.

(2)     The Selection Committee shall include,—

(a)      in the case of recruitment of the head of the school,—

                                              (i)          the Chairman of the managing committee;

                                             (ii)         an educationist, nominated by the managing committee; and

                                            (iii)         a person having experience of administration of schools, nominated by the managing committee;

(b)      in the case of recruitment of any teacher other than the head of the school,—

                                              (i)          the Chairman of the managing committee;

                                             (ii)         the head of the school; and

                                            (iii)         an educationist, nominated by the managing committee;

(c)      in the case of recruitment of any other employee,—

                                              (i)          the Chairman of the managing committee or any member of the managing committee nominated by the Chairman;

                                             (ii)         the head of the school.

(3)     The Selection Committee shall regulate its own procedure, and, in the case of any difference of opinion amongst the members of the Selection Committee on any matter, it shall be decided by the trust or society running the school.

(4)     Where a candidate for recruitment to any post in an Unaided minority school is related to any member of the Selection Committee, the member to whom he is related, shall not participate in the selection and a new member shall be nominated in his place by the managing committee of the school.

(5)     The appointment of every employee of a school shall be made by its managing committee.

(6)     Where any selection made by the Selection Committee is not acceptable to the managing committee of the school the managing committee shall record its reasons for such non-acceptance and refer the matter to the trust or society running the school and the trust or society, as the case may be, shall decide the same.

Rule 128. Minimum Qualifications.

(1)     The minimum qualifications for appointment as a teacher of an Unaided minority school shall not be less than those as are specified by the Affiliating Board.

(2)     In the case of any employee, other than a teacher, the minimum qualifications for appointment shall be the same as are specified by the Administrator for appointment to the corresponding post in the Government schools.

(3)     Where no minimum qualifications have been specified by the Affiliating Board in respect of the post of any teacher, the minimum qualifications for recruitment to such post may be specified by the Administrator after considering such recommendations or suggestions as may be made by the unaided minority school in this behalf.

(4)     Where a post (other than that of a teacher) in an Unaided minority school does not correspond to any post in the Government schools, the minimum qualifications for recruitment to such post may be specified by the Director after considering such recommendations or suggestions as may be made by the Unaided minority school in this behalf.

Rule 129. Power to Relax.

The Affiliating Board, or where no qualifications have been specified by the Affiliating Board for the post of a teacher in a particular subject, the appropriate authority may, in the case of non-availability of trained or qualified teachers in that subject, relax the minimum qualifications for such period as it may think fit.

Rule 130. Contract of service.

(1)     Every contract of service, referred to in sub-section (1) of section 15, shall be entered into the form specified in the scheme of management before the employee is called upon to join his duties.

(2)     A copy of the contract of service, referred to in sub-section (1) of section 15, shall be forwarded to the Administrator by the managing committee of the concerned Unaided minority school either by registered post, acknowledgment due, or by a messenger within thirty days from the date on which the contract is entered into.

(3)     On receipt of a copy of the contract of service, the Administrator shall cause the particulars of such contract to be entered in a register to be maintained for the purpose, to be known as the 'Register of Contracts'.

(4)     The Administrator shall also cause the copies of contracts received by him to be preserved in such manner as he may specify.

(5)     If on a scrutiny of the copies of contract received by him, the Administrator is of opinion that the contract does not comply with the provisions of sub-section (3) of section 15, he may draw the attention of the school concerned to the deficiencies in the contract and require the school to modify the contract so as to bring it in conformity with the provisions of sub-section (3) of section 15, and thereupon the school shall take urgent steps for the rectification of the contract.

(6)     When a contract has been rectified under sub-rule (5), a copy of the contract, as so rectified shall be forwarded to the Administrator for registration and on receipt of the copy of such contract the Administrator shall cause the contract to be registered in the manner specified in sub-rule (3).

Chapter XII ADMISSION TO RECOGNISED SCHOOLS

Rule 131. Power of Director to regulate admissions to aided schools.

The Director shall regulate admissions to aided schools or to a class thereof either on the basis of an admission test or on the basis of the results of a student in a class.

Rule 132. Admission test not to be held by aided schools.

Save as otherwise provided in this Chapter, no aided school shall hold any test for admission to any class except with the written approval of the Director:

Provided that nothing in this rule shall prevent the holding of tests for the admission to any class higher than class I of such candidates as have not studied in any recognised school prior to their seeking admission.

Rule 133. Power to Director to regulate manner of admission.

(1)     The Director may specify the manner in which students shall be admitted to an aided school.

(2)     The Director may prepare, in each year, a plan for the admission of students to the various classes in the aided schools in Delhi.

(3)     Admission of students to any aided school from an unrecognised private school may be regulated or prohibited by the Director.

(4)     The Director may exclude any recognised aided school from the purview of- the admission plan.

(5)     The managing committee of an aided school shall not refuse admission of any student who is assigned to that school under the admission plan.

(6)     Where the circumstances of a case so require, the Director may, notwithstanding anything contained in the admission plan, direct the admission of any student to an aided school, and, on receipt of the direction, the head of such school shall admit such student in the school.

Rule 134. Admissions to be without any distinction.

Admission of students in aided schools shall be made without any distinction of religion, race, caste, place of birth, or any of them.

Rule 135. Manner of Admission.

(1)     No student shall be admitted to an aided school unless an application in the prescribed form, signed by his parent or guardian, has been submitted to such school.

(2)     The parent or guardian shall state the exact date of birth of his child or ward in the application for admission.

(3)     Every application for admission to an aided school shall be kept in a separate file and form part of the permanent record of the school.

Rule 136. Entry on the Rolls.

A newly admitted student shall have his name entered on the rolls of the school on the date on which he first attends his class after making payment of all specified dues.

Rule 137. Admission to be made once a year.

Admissions shall ordinarily be made once a year and shall not be made after 31 st day of August of the year, except where the Director being satisfied that for special reasons, like migration of a student from a school outside Delhi, the delay in seeking admission has been unavoidable and was due to circumstances beyond the control of the parent or the guardian of the student, directs the admission of such student after that date.

Rule 138. Admission of failed students not to be refused.

A student who fails at any public examination shall not, on that account, be refused re-admission in the school or class by the school from which he had appeared at such examination.

Rule 139. Admission on transfer certificate.

(1)     No student who had previously attended any recognised school shall be admitted to any aided school unless he produces a transfer or school leaving certificate from the school which was last attended by him.

(2)     Where a student seeks admission to an aided school on the basis of a transfer certificate granted by a school in any State or Union territory, other than Delhi, such transfer certificate (except where such certificate has already been verified) be sent, for verification and counter-signature, by the head of the school in which admission is sought, to the education authority of the district in which the school from which the transfer certificate was obtained is situated.

(3)     If such transfer certificate has not already been countersigned or verified by such authority, the student may be admitted provisionally pending the verification of the transfer certificate and his admission shall be confirmed only on the receipt of the verified transfer certificate from the State or Union Territory concerned.

Rule 140. When migrating students may be admitted to higher class.

A student coming from another recognised school shall not be admitted to a class higher than the one in which he was studying at his former school unless the transfer certificate states that he has been promoted to the next higher class.

Rule 141. Parent or guardian to submit an affidavit.

(1)     Where a candidate who had not previously attended any recognised school, applies for admission to class II or to any higher class up to class VIII of a recognised school, the parent or guardian of such candidate shall give full history of the previous education of such candidate and furnish an affidavit on a non-judicial stamp paper duly attested to the effect that such candidate for admission had not attended any recognised school till then and he shall also be required to state in affidavit the exact date of birth of such candidate.

(2)     If a seat is available in the class to which an admission is sought, the head of the school, in consultation with the Zonal Education Officer, shall arrange for a test to determine the suitability of the student for admission to that class and admission shall be granted if the student passes in this test.

Rule 142. Regulation of admission to class IX.

(1)     No student shall be admitted to class IX unless he has passed class VIII of a school.

(2)     Students who, without having passed the examination for promotion from class VIII of a recognised school, have appeared as private candidates at any public examination, and have failed to pass such examination, shall not be admitted to class IX or to any class higher than class IX.

Rule 143. Power of Administrator to grant exemptions.

The Administrator may, if he is satisfied that the circumstances of a school are such that it is not possible for it to comply with all or any provision of this Chapter, exempt any aided school for a limited period, not exceeding two years, from the operation of all or any of the provisions of this Chapter.

Rule 144. Power to issue departmental instructions.

The Director may issue instructions with regard to any matter, not covered by this Chapter, relating to admissions to aided schools.

Rule 145. Admission to recognised unaided schools.

(1)     The head of every recognised unaided school shall regulate admissions to a recognised unaided school or to any class thereof either on the basis of admission test or on the basis of result in a particular class or school.

(2)     Subject to the provisions of sub-rule (1), the provisions of this Chapter shall, so far as may be, apply to admission to a recognised unaided school as they apply to admissions to an aided school.

Chapter XIII PART A—FEES AND OTHER CHARGES IN AIDED SCHOOLS

Rule 146. Admission Fees.

(1)     No admission fee shall be charged or collected by an aided school for admission to any class up to class VIII.

(2)     An admission fee of Rs. 3/- per student shall be charged and collected by the aided school for admission to any class in the Higher Secondary stage, but where a student has already paid an admission fee, no admission fee shall be charged on his promotion to any higher class in the same school; but if he joins any other aided school that other school may charge and collect admission fee from him.

(3)     No admission fee shall be charged or collected by an aided school from a student who is exempted from payment of tuition fees, and, only one-half of the specified admission fee shall be charged from a student who is required to pay tuition fees at the rate of one-half of the specified rate.

Rule 147. Tuition Fees.

Subject to such alterations in the scales of fees as may be made by the Director, from time, to time the rate of tuition fees for all classes in aided schools shall be as follows:

Note I— Grade I fee is to be charged from students whose parents income is not less than Rs. 5,000/- per annum. Grade II fee is to be charged from students whose parents income is less than Rs. 5,000/- per annum. In co-educational institutions, boy students shall pay tuition fees at the rates prescribed for boys in the corresponding class in the boys' schools and the girl students at the rate obtaining for corresponding classes in the girls' schools.

Note II— Where any student of class VIII or any class below that class has attained the age of fourteen years, he shall pay tuition fees at the rates specified for class IX:

Provided that no tuition fee shall be charged for any class from any student who belongs to any Scheduled Caste or Scheduled Tribe.

Rule 148. Additional fee for science, music, etc.

Every student of any class in the Higher Secondary stage shall pay an additional fee of fifty paise per month for each Science or other subject requiring practical work or for Music.

Rule 149. Pupils' Fund.

(1)     Until the Administrator, by notification, otherwise directs, every school maintained or aided by Government or any local authority shall be authorised to charge from each student, contribution to the Pupils' Fund—

                              (i)          in any class in the Primary stage, at the rate of thirty-eight paise per month;

                             (ii)         in any class in the Middle stage, at the rate of one rupee and fifty paise per month; and

                            (iii)         in the Higher Secondary stage, at the rate of rupees two per month, in addition to the fees referred to in rules 147 and 148.

(2)     The managing committee of every aided school shall prepare, before the commencement of each academic year, a budget of items as are debitable to the pupils fund and submit such budget to the Director for approval.

(3)     If the collections made by the school towards pupils fund fall short of the budgeted amount as approved by the Director, the deficiency shall be made good by the Director.

(4)     The amount standing to the credit of the Pupils Fund shall be at the disposal of the head of the school and spent in the interests of the students for various physical and co- curricular activities of the school or for such other purposes as may be specified by the Director.

Rule 150. Domestic Science and Home Science Fund.

(1)     Every school offering Home Science as a subject in the school may charge a Home Science fee from the girl students of the classes in the Higher Secondary stage at the rate of fifty paise per month and the fee so collected shall be credited to a Fund, to be opened by the school and to be known as the "Home Science Fund."

(2)     The monies standing to the credit of the Home Science Fund shall be spent in accordance with the instructions issued by the Director from time to time.

Rule 151. Development Fees.

(1)     The managing committee of an aided school may charge, with the previous approval of the Director, a development fee from the students in order to cover expenses incurred by it in effecting special improvements on which no aid is admissible under these rules.

(2)     Development fee may be charged at such flat rate as may be specified by the Director and shall be utilised for one or more of the following purposes, namely—

(a)      appointment of additional or more qualified teachers in excess of the number admissible under the rules relating to post-fixation or aid;

(b)      provision for teaching of special subjects approved by the Director for which no aid is admissible under these rules;

(c)      purchase of any special teaching or audio-visual aids and other equipments which are possessed by the school;

(d)      provision of special amenities to students, such as, additional fans, supply of cool drinking water, provision of materials for hobbies, craft and medical aid.

(3)     Where any development fee is levied to meet the pay and allowances of additional or more qualified teachers, such teachers shall be appointed on ad hoc basis and shall have no claim whatsoever for regular appointment, seniority or benefits of provident fund, pension, gratuity or any other benefit admissible to the regular teachers of the school:

Provided that such teachers may apply for regular appointment as and when a regular vacancy arises in the school.

(4)     Where any such teacher is selected for regular appointment, such appointment shall have effect from the date of such regular appointment and not from the date from which such teacher is working in the school as a teacher paid from the development fee.

(5)     Appointment of teachers who are paid from the development fee shall be subject to these rules in so far as they relate to the appointment of regular teachers in the school.

Rule 152. Separate accounts for Development Fee.

The managing committee of an aided school levying development fee shall maintain a separate account of the development fee levied and collected by it and such separate account shall be open to inspection or audit at any time by the Director or any officer authorised by him in this behalf or by the Accountant General, Central Revenues.

Rule 153. Utilisation of Development Fee.

Development fee shall be utilised exclusively for the purpose for which it is levied and collected and shall, in no circumstances whatsoever, be used for meeting the managing committee's share of expenditure on the maintenance of the school.

Rule 154. Ban on the levy of unauthorised fees or fund.

No fee, fund or contribution, other than those specified by these rules, or permitted by the Director in writing, shall be charged by any aided school.

Rule 155. Donations not to be levied compulsorily.

(1)     No aided school shall levy or collect any donation compulsorily from any student or any parent or guardian of any student.

(2)     No aided school shall collect any donation through its students for the aid of teachers or for any fund for the aid of teachers.

(3)     Voluntary donations collected by the managing committee of an aided school shall be accounted for separately and may, at the discretion of the managing committee, be utilised for meeting the managing committee's share of the expenses referred to in sub-section (2) of section 10.

(4)     In computing the grant-in-aid, voluntary donations collected by the managing committee of an aided school not be taken into account.

Rule 156. Collection of fees or donation with the approvalof the Director.

(1)     The managing committee of an aided school may, with the previous approval of the Director, also invite voluntary contribution from the parents or guardians for the construction of any building for the school or its hostel.

(2)     No appeal for any such contribution as is referred to in sub-rule (1) shall be made at the time when admissions are made to the concerned school or when results are declared by that school.

PART B—FEE CONCESSIONS

Rule 157. Definition of fees.

In this Part, the expression "fees" includes science fee, music fee or any other fee which may be levied and collected from a student.

Rule 158. Fee concession.

(1)     The head of the school may exempt deserving students, whose parents or guardians are not financially solvent to pay the fees specified by these rules, from payment of the whole or one-half of such fees for a period of twelve months commencing from the 1 st day of May of each year or from the date of admission of the child or ward, whichever is later, and such exemption shall be regulated in the manner specified in sub-rule (3).

(2)     Exemption made to any student under sub-rule (1) shall, so long as the conditions for eligibility for exemption are fulfilled and the student continues in the school, he renewed from year to year.

(3)     Up to a limit of twenty per cent of the total number of students on the rolls of the school in all the classes in the higher secondary stage as on the 7th day of May of the year may be exempted from the payment of the whole or one-half of the fees, and where any student is admitted after the 7th day of May but before the 31 st day of August of that year upto a limit of twenty percent of the students so admitted may be exempted from the payment of the whole or one-half of the fees.

(4)     The proportion of the students receiving exemption from the payment of the whole or one-half of the fees may be varied in any of classes in the higher secondary stage at the discretion of the head of the school, so, however, that the number of students enjoying exemption from payment of the whole of the fee shall not exceed fifteen per cent of the students at any time of the year.

(5)     The percentage of the students receiving exemption from payment of the fee shall be calculated on the total number of students in all the classes in the higher secondary stage, reduced by the number of students granted exemption from payment of fee under the provision relating to—

(a)      the concessions to students belonging to the Scheduled Castes or Scheduled Tribes;

(b)      students having brothers or sisters studying in the same school or a school under the same management;

(c)      students who are wards of teachers.

(6)     In calculating the number of exemptions, the fraction of one-half or more shall be treated as one.

(7)     The number of exemptions from payment of the fee shall not be altered during the year except where, owing to the departure, from the school of any student enjoying exemption, a vacancy arises, it shall be permissible to pass on the exemption enjoyed by the student so departing, to any other deserving student of the school.

(8)     Where the number of students eligible for receiving exemption from payment of fee is in excess of the number of students to whom exemption is admissible under these rules, the exemption shall be made in order of merit on the basis of the results of the immediately previous annual examination or, if necessary, on the basis of a special competitive examination held to determine the order of merit of the eligible students.

Rule 159. Brothers and sisters concession.

(1)     When two or more full brothers or sisters or step-brothers or step-sisters are studying in the same Government or aided school in Delhi, the brother or sister, as the case may be, in the higher class shall pay the specified fee at the full rates and other brothers or sisters shall pay fees at one-half of the specified rates.

Explanation- If two or more brothers or sisters are studying in the same class, the specified fee shall be paid by the elder brother or sister at full rates, and at one-half of the rates by the others.

(2)     Where any exemption from fee is claimed in any Government or aided school by any parents or guardians on the ground that other children or wards of such parents or guardians are studying in other Government school, or aided school, the head of the school, in which such exemption is sought, shall, before making any exemption from the payment of fees, obtain a declaration from such parent or guardian to the effect that his other children or wards are studying in other Government school or aided school and no effect shall be given to such declaration unless it is countersigned by the head of the other Government school or aided school.

Rule 160. Concessions to children or wards of employees.

(1)     No fee shall be charged from the children or wards of the employees of an aided school.

(2)     No fee shall also be charged from the children of the employees of the aided school who have retired from service or have died.

Rule 161. Withdrawal of exemption.

Any exemption from the payment of fee granted to a student under these rules may be withdrawn on the ground of his misconduct, irregular attendance or failure at the annual examination.

Rule 162. Contribution to Pupils Fund not to be exempted.

(1)     Any student, who is exempted from payment of any fee, whether in full or in part, shall not be exempted from contribution to the Pupils Fund.

(2)     Nothing in sub-rule (1) shall apply to students belonging to the Scheduled Castes or Scheduled Tribes.

Rule 163. Scholarship holders not eligible for any fee concession.

(1)     Students who hold scholarships shall not be eligible for exemption from the payment of any fee except where such exemption becomes necessary in the very special circumstances of the case, and in such a case no such exemption shall be made except with the previous sanction of the Director.

(2)     Nothing in sub-rule (1) shall apply to students belonging to the Scheduled Castes or Scheduled Tribes.

Rule 164. Fees payable for twelve months.

All fees and funds shall be charged for a full period of twelve months from the students at the rates specified in these rules except in the following cases, namely—

(a)      a student, who has been expelled or rusticated during a session shall not be required to pay fees and funds beyond the month in which he was expelled or rusticated;

(b)      in the case of re-admission of a student to the school last attended or in any other school, fee shall be payable from the month from which he had left school in the same session;

(c)      a second fee for the same month shall not be charged from a student on transfer from one Government or aided school to another Government or aided school:

Provided that he gives proof of payment of fees and funds in the former school.

Rule 165. Last date for payment of fees and contributions.

All fees and contributions payable to a school by a student shall be payable by the 10th day of the month in which they are due:

Provided that where the school remains closed on the 10th day of the month, such fees or contributions shall be payable on the date following the 10th day on which the school reopens:

Provided further that where the school remains closed for the long vacation, fees and contributions shall be payable within ten days from the day on which the school re-opens after the long vacation.

Rule 166. Fine for late payment of fees, etc.

(1)     A fine for late payment of the fees or contributions due to a school shall be charged from the student at the rate of five paise for every day, after the 10th, for which the default continues.

(2)     The head of the school may, if satisfied that the delay in payment of the fees and contributions was unavoidable, remit the whole or any part of the fine referred to in sub-rule (1).

Rule 167. Name of the student to be struck off for non-payment of fees and contributions

—

If a student omits or fails to pay the fees and contributions due to a school together with the fine due thereon by the last working day of the month in which they are due, his name shall be struck off the rolls of the school on the last working day of the month and may be re- admitted on payment of all school dues including fresh admission fee:

Provided that in the case of non-payment of fees for the month of May in which the school closes in the middle of the month for long vacation, the name of the student shall be struck off on the last working day of the month of July, if the fees remains unpaid up to that day.

Rule 168. Receipt to be granted for collection of fees and contributions.

(1)     A printed receipt, in the form specified by the Director, shall be granted to a student for every fee or contribution collected by the school.

(2)     The head of every aided school shall authorise one or more of the employees of the school to collect fees and contributions from the students and the receipt referred to in sub- rule (1) shall be given and signed by the person so authorised.

(3)     Every employee collecting any fee or contribution from a student shall, immediately after such collection, enter the particulars of such collection in the attendance register of the class.

Rule 169. Collected amount to be deposited on the same day.

(1)     Every employee collecting any fee or contribution shall deposit the amount collected by him with the cashier of the school by whatever name called, on the same day on which the collections are made and it shall be the duty of the cashier to enter the amount so received, immediately in the fee collection register and thereafter in the cash book and to append his initials thereto for the amount received.

(2)     The attendance register, fee collection register and the cash book shall be submitted by the cashier to the head of the school for comparison and the head of the school shall after verification, countersign the entries in those registers.

Rule 170. Maintenance of accounts of fees and contributions.

Accounts of fees and contributions collected by a school shall be maintained at the office of the school in accordance with the Government rules for the maintenance of public accounts and such accounts shall be liable to be inspected by the Director or any person authorised by him in this behalf and also by an officer from the office of the Accountant General, Central Revenues.

PART C—PUPILS' FUND

Rule 171. Pupils' Fund Advisory Committee.

(1)     The administration and expenditure of the Pupils' Fund in all aided schools shall vest in the head of the school, who shall be assisted and advised by a committee, to be called the "Pupils Fund Advisory Committee."

(2)     The Pupils' Fund Advisory Committee shall consist of:—

(a)      the head of the school;

(b)      at least two teachers employed in the school to be nominated by the head of the school;

(c)      two students of the classes in the Higher Secondary stage, to be nominated by the head of the school.

(3)     One of the teacher members of the Pupils' Fund Advisory Committee shall function as the secretary of the Committee and shall maintain the minutes of the decisions taken at the meetings of the Committee in a properly maintained Minutes Book.

(4)     The Minutes Book of the Pupils' Fund Advisory Committee shall be liable to inspection by the Director or any officer authorised by him in this behalf or by any officer of the office of the Accountant General, Central Revenues.

(5)     The function of the Pupils' Fund Advisory Committee shall be—

(a)      to discuss and pass budget for expenditure from the Fund;

(b)      to deal with all other matters relating to the proper utilisation of the Pupils' Fund.

(6)     The Pupils Fund Advisory Committee may also give advice with regard to—

(a)      applications from the students, parents or guardians for exemption from the payment of any fee subject to such limit, as may be specified by the Director, or

(b)      any other matter which may be referred to it by the head of the school.

Chapter XIV SCHOOL FUND

Rule 172. Trust or society not to collect fees, etc., school to grant receipts for fees, etc., collected by it.

(1)     No fee, contribution or other charge shall be collected from any student by the trust or society running any recognised school; whether aided or not.

(2)     Every fee, contribution or other charge collected from any student by a recognised school, whether aided or not, shall be collected in its own name and a proper receipt shall be granted by the school for every collection made by it.

Rule 173. School fund how to be maintained.

(1)     Every School Fund shall be kept deposited in a nationalised bank or a scheduled bank or any post office in the name of the school.

(2)     Such part of the School Fund as may be approved by the Administrator, or any officer authorised by him in this behalf, may be kept in the form of Government securities.

(3)     The Administrator may allow such part of the School Fund as he may specify in the case of each school, (depending upon the size and needs of the school), to be kept as cash in hand.

(4)     Every Recognised Unaided School Fund shall be kept deposited in a nationalised bank or a scheduled bank or in a post office in the name of the school, and such part of the said Fund as may be specified by the Administrator or any officer authorised by him in this behalf shall be kept in the form of Government securities and as cash in hand respectively:

Provided that in the case of an unaided minority school, the proportion of such Fund which may be kept in the form of Government securities or as cash in hand shall be determined by the managing committee of such school.

Rule 174. Withdrawal from School Fund.

Withdrawals from the School Fund or Recog- nised Unaided School Fund, as the case may be, shall be made jointly by the head of the school and the manager of such school, or jointly by the head of the school and by any duly authorised member of the managing committee, where the head of the school is also the manager of the school.

Rule 175. Accounts of the school how to be maintained.

The accounts with regard to the School Fund or the Recognised Unaided School Fund, as the case may be, shall be so maintained as to exhibit, clearly the income accruing to the school by way of fees, fines, income from building rent, interest, development fees, collections for specific purposes, endowments, gifts, donations, contributions to Pupils' Fund and other miscellaneous receipts, and also, in the case of aided schools, the aid received from the Administrator.

Rule 176. Collections for specific purposes to be spent for that purpose.

Income derived from collections for specific purposes shall be spent only for such purpose.

Rule 177. Fees realised by unaided recognised schools how to be utilised.

(1)     Income derived by an unaided recognised school by way of fees shall be utilised in the first instance, formeeting the pay, allowances and other benefits admissible to the employees of the school:

Provided that savings, if any, from the fees collected by such school may be utilised by its managing committee for meeting capital or contingent expenditure of the school, or for one or more of the following educational purposes, namejy:

(a)      award of scholarships to students;

(b)      establishment of any other recognised school; or

(c)      assisting any other school or educational institution, not being a college, under the management of the same society or trust by which the first mentioned school is run.

(2)     The savings referred to in sub-rule (1) shall be arrived at after providing for the following, namely:

(a)      pension, gratuity and other specified retirement and other benefits admissible to the employees of the school;

(b)      the needed expansion of the school or any expenditure of a developmental nature;

(c)      the expansion of the school building or for the expansion or construction of any building or establishment of hostel or expansion of hostel accommodation;

(d)      Co-curricular activities of the students;

(e)      reasonable reserve fund, not being less than ten per cent, of such savings.

(3)     Funds collected for specific purposes, like sports, co-curricular activities, subscriptions for excursions or subscriptions for magazines, and annual charges, by whatever name called, shall be spent solely for the exclusive benefit of the students of the concerned school and shall not be included in the savings referred to in sub-rule (2).

(4)     The collections referred to in sub-rule (3) shall be administered in the same manner as the monies standing to the credit of the Pupils' Fund are administered.

Rule 178. Amount received for scholarships to be spent for that purpose.

Every amount received by the managing committee of any school, whether aided or not, for payment of scholarships to the students shall be utilised solely for payment of such scholarships and proper receipts shall be obtained from the students to whom scholarships are paid and shall be preserved by the managing committee for the inspection of the Director or any officer authorised by him in this behalf.

Rule 179. Aided schools to keep accounts of all income.

(1)     Every aided school shall keep accounts of the income from all sources and of all expenditure in the form in which such accounts are maintained immediately before the commencement of these rules.

(2)     The accounts of the school shall be open to inspection by the auditors and inspecting officers authorised by the Director, and also by any officer authorised by the Comptroller and Auditor General of India.

Rule 180. Unaided recognised schools to submit returns.

(1)     Every unaided recognised private school shall submit returns and documents in accordance with Appendix II.

(2)     Every return or document referred to in sub-rule (1) shall be submitted to the Director by the 31 st day of July of each year.

(3)     The account and other records maintained by an unaided private school shall be subject to examination by the auditors and inspecting officers authorised by the Director in this behalf and also by any officer authorised by the Comptroller and Auditor General of India.

Chapter XV OTHER DUTIES AND RESPONSIBILITIES OF MANAGERS AND MANAGING COMMITTEES OF SCHOOLS

Rule 181. Managing committee how to run schools.

Every managing committee shall run the school managed by it in the best interests of education of children and for the better organisation and development of school education in Delhi.

Rule 182. Managing committee not to create adverse situations.

Every managing committee shall allow a school managed by it to function normally and smoothly and shall not cause any situation by which, or due to which, the normal and smooth functioning of the school may be hampered nor shall it interfere in the day-to-day affairs of the school.

Rule 183. Managing committee to comply with the rules regarding recognition of schools, receipt and utilisation of the aid, etc.

Every managing committee shall comply with the provisions of the Act and these rules with regard to the recognition of the schools and shall also comply with the provisions of these rules with regard to the receipt and utilisation of aid and shall maintain in accordance with these rules, proper accounts of all fees and contributions received by it.

Rule 184. Managing committee to offer facilities for inspection

Every managing committee shall provide all reasonable facilities for the inspection of the school and also for the inspection of its account books, registers and other documents required by these rules to be maintained by such schools.

Rule 185. Managing committee not to act adversely to the interests of the school.

The managing committee shall not conduct the affairs of the school in such a way as to adversely affect the interests of the school.

Chapter XVI TERM OF OFFICE OF THE MEMBERS OF THE AD VISOR BOARD AND THE TRAVELLING AND OTHER ALLOWANCES ADMISSIBLE TO THEM

Rule 186. Term of office.

(1)     Every member of the Advisory Board shall hold office for a period of three years from the date on which he is nominated by the Administrator and shall be eligible 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 is nominated by the Administrator.

(2)     No member of the Advisory Board shall hold office consequently for more than two terms.

Rule 187. Resignation.

(1)     A member of the Advisory Board may, by giving notice in writing to the Administrator, resign his membership of the Board.

(2)     A resignation shall take effect from the date of communication to the member concerned of its acceptance or on the expiry of thirty days from the date of resignation, whichever is earlier.

Rule 188. Vacancy in the office of a member.

(1)     A member of the Advisory Board shall be deemed to have vacated his office,—

(a)      if he is of unsound mind and stands so declared by a competent court;

(b)      if he is an undercharged insolvent;

(c)      if he is convicted of an offence which, in the opinion of the Administrator, involves moral turpitude;

(d)      if he does not attend three consecutive meetings of the Advisory Board without obtaining leave of absence from the Administrator; or

(e)      if he ceases to have the status on the basis of which he was nominated by the Administrator.

(2)     Any vacancy in the membership of the Advisory Board whether caused by resignation or by any of the reasons specified in sub-rule (1) or by death shall be filed by nomination and the person so nominated shall hold office for the remainder of the term of office of the member in whose place he is nominated.

(3)     The Advisory Board shall be functioning notwithstanding any vacancy in the membership thereof.

Rule 189. Travelling and other allowances.

The members of the Advisory Board shall be entitled to such travelling or daily allowances as are admissible to non-official members of the committees, boards or the like in accordance with the orders issued by the Central Government from time to time and shall not be entitled to any other remuneration.

Chapter XVII INSPECTION OF SCHOOLS

Rule 190. Inspection and supervision of schools.

(1)     The Director shall be responsible for the supervision and inspection of all recognised schools, whether aided or not.

(2)     For the purposes of sub-rule (1), the Director may assign all or any of his functions relating to supervision and inspection to such officers subordinate to him, and as may be authorised by him in this behalf.

(3)     Every officer authorised by the Director under sub-rule (2) shall discharge his powers of supervision and inspection under the direction, control and supervision of the Director.

(4)     The Director may also form a team or panel of persons with special knowledge and experience of different subjects taught in schools, to carry out inspection of a school.

(5)     The Director may also carry out surprise inspections through any officer authorised by him in this behalf.

(6)     Every person, other than the Director, inspecting a school shall, within fifteen days from the completion of the inspection, submit to the Director, the report as to the results of the inspection, and shall simultaneously send a copy of the report to the school concerned.

(7)     Where the Director himself makes the inspection, he shall make a note of the defects or deficiencies noticed by him and shall send a copy of that note to the head of the concerned school.

Rule 191. Advance notice of inspection to be given to schools-

Except where a surprise visit is considered to be necessary, advance intimation of the proposal to carry out inspection of a school shall be given to the head of the school.

Rule 192. Inspection how to bemade.

(1)     Every inspection shall be as objective as possible and shall be aimed at bringing about improvements in the standards of teaching in the school.

(2)     In making the inspection, the following items shall be critically examined, namely: (a) academic work, that is to say, actual teaching and its different aspects;

(b)   library and its service to students and teachers;

(c)   games and sports and their organisation;

(d)   co-curricular activities;

(e)   cordiality or otherwise of the teachers of the school with the parents of the students and the community in general;

(f)    administration of the school;

(g)   accounts of the school and their maintenance;

(h)   the school plant and physical needs of the school;

(i)    discipline, tone and tenor of the school;

(j)    observation by the school of the rules and instructions.

(3)     The inspecting officer shall go to each class and watch the teaching by each teacher in at least two classes and shall specifically note the matters specified in Form No. V.

Rule 193. Number of schools to be inspected by an inspecting officer in a year.

Every inspecting officer shall inspect not less than fifty schools in a year and not less than ten per cent of the schools shall be inspected every year by an officer above the rank of an inspecting officer.

Rule 194. Inspection report.

The report of every inspection shall be made in Form No. V and shall contain information with regard to each matter specified in that Form.

Chapter XVIII MISCELLANEOUS

Rule 195. Fees for appeal to the Tribunal.

Every appeal to the Tribunal shall be filed on a non-judicial stamp paper of rupee one and shall be presented in the form of a petition.

Rule 196. Provisions of certain rules to apply to Government schools.

(1)     The provisions of these rules, in so far as they relate to the matters specified in sub-rule (2) shall also apply to Government schools and to schools run by local authorities.

(2)     The matters referred to in sub-rule (1) are:—

(a)      regulation of education;

(b)      admission to recognised schools;

(c)      fees and other charges to be levied in recognised aided schools, including fee concessions;

(d)      pupils' fund;

(e)      inspection and supervision of schools.