Tamil Nadu Private Schools (Regulation) Rules, 2023

 

[13th January 2023]

In exercise of the powers conferred by section 57 of the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019), the Governor of Tamil Nadu hereby makes the following Rules:-

Rule - 1. Short title and commencement

These rules may be called the Tamil Nadu Private Schools (Regulation) Rules, 2023.

Rule - 2. Definitions

(1)     In these rules, unless the context otherwise requires,-

(a)      "Act" means the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019);

(b)      "Appellate Authority" means the appellate authority as specified in Annexure I-A in respect of aided schools and Annexure I-B in respect of self financing schools;

(c)      "Block Educational Officer" means an officer of the School Education Department working at Block level;

(d)      "Board" means and includes the respective Board of Examination or Education which approves the courses of study and prepares the pupils for admission to the Boards examination;

(e)      "Chief Educational Officer" means an officer who heads the School Education Department in the Revenue district ;

(f)       "Competent Authority" means the competent authority as specified in Annexure I-A in respect of aided schools and Annexure I-B in respect of self financing schools or as may be specified by the Government from time to time;

(g)      "District Educational Officer" means an officer, by whatever name called, who heads the School Education Department in the Educational district;

(h)     "Form" means a Form appended to these rules;

(i)       "Head Master" means the Head Teacher or the Principal, by whatever name called and includes a person who is incharge of the school;

(j)       "Teacher" means a person possessing the minimum qualifications as prescribed in Annexure IV - A and employed in a private school for the purpose of imparting education to the pupils and includes the HeadMaster.

(2)     The words and expressions used but not defined in these rules shall have the same meaning assigned to them in the Act.

Rule - 3. Stages of education

The following shall be the stages of education in the following categories of schools, namely:-

(a)      "Play School": includes Kids school, Pre-Primary, Nursery, Kindergarten and Montessori school, by whatever name called;

(b)      "Nursery and Primary School": from standards LKG to V;

(c)      "Primary School": from standards I to V;

(d)      "Middle School": from standards LKG to VIII or from standards I to VIII or from standards VI to VIII;

(e)      "High School": from standards LKG to X or from standards I to X or from standards VI to X;

(f)       "Higher Secondary School": from standards LKG to XII or from standards I to XII or from standards VI to XII.

Rule - 4. Merger or upgradation of private schools

No merger of private schools affiliated to different Boards or change of Board on upgradation of a school is permissible.

Rule - 5. Application for permission

(1)     Every application for permission to establish a self financing private school shall be submitted in Form I-A by an educational agency to the competent authority.

(2)     Every application for permission to upgrade or shift or merge or bifurcate an existing private school shall be submitted in Form I-B, Form I-C, Form I-D and Form I-E respectively to the competent authority six months prior to the commencement of the academic year.

(3)     Every application under sub-rule (1) or (2) shall be accompanied by proof of remittance of fee of Rs.10,000/- (Rupees Ten thousand only) or as may be specified by the Government from time to time.

Rule - 6. Grant of permission

On receipt of an application under rule 5, the competent authority shall, on verification of the particulars and the documents furnished, pass an order either granting or refusing to grant permission, within a period of three months from the date of receipt of the application:

Provided that no order refusing to grant permission shall be passed unless the applicant has been given an opportunity of making a representation.

Rule - 7. Appeal against order of refusal of permission

(1)     An appeal against the order of the competent authority refusing to grant permission shall be made to the appellate authority within a period of thirty days from the date of receipt of that order.

(2)     The appellate authority shall call for the records from the competent authority and dispose of the appeal on merits within a period of two months from the date of receipt of the appeal.

Rule - 8. Grant of certificate of recognition

(1)     Every application for grant of certificate of recognition shall be submitted in Form II-A by the educational agency to the competent authority accompanied by proof of remittance of the fee as specified in sub-rule (5) and the documents relating to the norms specified in sub-rule (6).

(2)     The application for grant of certificate of recognition shall be submitted to the competent authority at least six months prior to the commencement of the academic year in which it is proposed to commence the process of admission of the pupils.

(3)     No application for grant of certificate of recognition shall be submitted after a lapse of three years from the date of receipt of the order granting permission under rule 6.

(4)     If an application for grant of certificate of recognition is submitted after a lapse of three years, the permission granted under rule 6 shall be deemed to have lapsed on and from the date of expiry of the said period of three years.

(5)     The fee to be paid for every application for grant of certificate of recognition shall be Rs.5,000/- (Rupees Five thousand only) for Play School, Nursery and Primary School and Primary School and Rs. 10,000/- (Rupees Ten thousand only) for Middle, High and Higher Secondary School or as may be specified by the Government from time to time.

(6)     For the purpose of grant of certificate of recognition, the educational agency shall fulfil the following conditions, namely:-

(a)      shall possess a contiguous single plot of land of not less than the requirement as specified in Annexure II, together with the infrastructure as specified in Annexure III;

(b)      the required land shall be surrounded on all sides by a boundary wall;

(c)      the land shall be owned or held in lease by the educational agency, by a valid registered document;

(d)      if the land is held in lease, the lease deed shall be for a period of not less than fifteen years:

Provided that the lease deed executed by the Government may be for a period of not less than five years;

(e)      shall furnish the following Certificates, namely:-

(i)       Structural Stability Certificate from the competent authority in Public Works Department or from the Private Engineers (in the panel of Registered Engineers maintained by the District Collectors) in accordance with the Tamil Nadu Public Building (Licensing) Act, 1965 (Tamil Nadu Act XIII of 1965);

(ii)      Building Licence issued by the competent authority under the Tamil Nadu Public Building (Licensing) Act, 1965 (Tamil Nadu Act XIII of 1965);

(iii)     Sanitary Certificate issued by the Local Health Authorities;

(iv)    N o Objection Certificate from the Station Officer, Fire and Rescue Services Department;

(f)       shall create and maintain a minimum endowment in the name of the school, to the extent of the amount specified below or as may be specified by the Government from time to time, in the form of fixed deposits in any nationalized bank or in any Government authorized agency or undertaking for a period of not less than seven years:

The Table.

Provided that in respect of a private school in existence on the date of publication of these rules in the Tamil Nadu Government Gazette the endowment shall be created within a period of six months from the said date;

(g)      shall deposit in any nationalized bank in the name of the private school, a sum equivalent to one months salary of the staff employed in such school, as a cash reserve of that school, which may be drawn for the disbursement of the salary to the staff, on the due date without any hassle;

(h)     shall certify,-

(i)       that the teaching staff to be appointed possess the qualifications as prescribed in Annexure IV - A;

(ii)      that the norms for safety and security of the pupils as prescribed in the Act, Rules, Code, guidelines etc., specified in rule 37 are fulfilled.

(iii)     that no child has been admitted without obtaining certificate of recognition.

(7)     On receipt of the application under sub-rule (1), the competent authority shall, on verification of the particulars and the documents furnished, pass an order either granting certificate of recognition in Form III-A or refusing to grant recognition, within a period of three months from the date of receipt of the application and communicate the same to the educational agency:

Provided that no order refusing to grant recognition shall be passed unless the applicant has been given an opportunity of making a representation.

(8)     The certificate of recognition shall be issued for the period specified in the structural stability certificate or the building licence whichever is earlier:

Provided that the private schools in existence on the date of publication of these rules in the Tamil Nadu Government Gazette which have already been granted with permanent recognition under the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (Tamil Nadu Act 29 of 1974)shall continue to have permanent recognition and shall furnish the certificates specified in sub-clauses (i) to (iv) of clause (e) of sub-rule (6) above, after the expiry of the period specified in the structural stability certificate or the building license whichever is earlier, duly renewed and has validity in currency on the date of submission of the certificates to the competent authority.

Rule - 9. Renewal of recognition

(1)     Every application for renewal of certificate of recognition shall be made to the competent authority in Form II-B accompanied by proof of remittance of the fee specified in sub-rule (3).

(2)     The application shall be made within a period of three months prior to the date of expiry of the period of certificate of recognition.

(3)     The fee to be paid for every application for renewal of certificate of recognition shall be Rs.1,000/- (Rupees One thousand only) for Play School, Nursery and Primary School and Primary School and Rs.2,000/- (Rupees Two thousand only) for Middle, High and Higher Secondary School or as may be specified by the Government from time to time.

(4)     The procedure applicable to the grant of certificate of recognition shall apply to the renewal of certificate of recognition.

(5)     The certificate of recognition shall be renewed for the period specified in the structural stability certificate or the building licence whichever is earlier.

Rule - 10. Appeal against the order of refusal of grant or renewal of certificate of recognition

(1)     An appeal against the order of the competent authority refusing to grant the certificate of recognition or to renew the certificate of recognition shall be made to the appellate authority along with a copy of that order within a period of thirty days from the date of receipt of that order.

(2)     The appellate authority shall call for the records from the competent authority against whose order the appeal has been preferred and dispose of the appeal on merits within a period of two months from the date of receipt of the appeal.

Rule - 11. Withdrawal of certificate of recognition

(1)     The authority competent to grant the certificate of recognition shall be the authority competent to withdraw the certificate of recognition.

(2)     The competent authority may, by order in writing withdraw the certificate of recognition, which shall take effect only at the end of the academic year, if the educational agency,-

(a)      does not conform to all or any of the norms prescribed for the grant of certificate of recognition;

(b)      violates any of the condition stipulated in the certificate of recognition;

(c)      commits any breach of the provisions of the Act and these Rules or the directions issued by the authority concerned in conformity with the provisions of the Act and these Rules:

Provided that no order of withdrawal of certificate of recognition shall be passed unless the educational agency has been given an opportunity of making a representation.

(3)     The competent authority shall specify in the order withdrawing the certificate of recognition that the educational agency shall consequent on the withdrawal of recognition follow the procedure contemplated in section 11 of the Act.

Rule - 12. Inspection Fee

The educational agency of every self financing private school shall pay inspection fee once in three years into the Government account as shown in the Table below or as may be specified by the Govenrment from time to time:

The Table

 

Rule - 13. Grant of permission for additional section or to introduce additional medium of instruction or new group of subjects

(1)     Every application for permission to open an additional section or to introduce an additional medium of instruction in an existing school or a new group of subjects in an Higher Secondary School shall be submitted in Form 1-F by the educational agency to the competent authority six months prior to the commencement of the academic year:

Provided that an application for introduction of a new group of subjects in an Higher Secondary School shall be accompanied with a proof of remittance of fee of Rs.1000/- (Rupees One thousand only) or as may be specified by the Government from time to time.

(2)     The permission to open additional section or to introduce additional medium of instruction or group of subjects shall be granted by the competent authority subject to the fulfilment of all the norms prescribed for the grant of certificate of recognition.

Rule - 14. Affiliation

(1)     The educational agency of every private school other than a school following the syllabus prescribed by the State Board of School Education shall, after obtaining the certificate of recognition under sub-rule (7) of rule 8, apply to the respective Board for affiliation.

(2)     The pattern and duration of courses, curriculum, syllabus, courses of instruction, examinations and pattern of evaluation shall be,-

(i)       in relation to private schools, as may be specified by the respective Board by issue of orders, from time to time; and

(ii)      in relation to teacher training institute, as specified by the National Council for Teacher Education.

(3)     No private school or the teacher training institute shall deviate from the curriculum and the syllabus as prescribed by the respective Board or the National Council for Teacher Education, as the case may be, to which it is affiliated.

Rule - 15. Text books

(1)     Every private school affiliated to the State Board of School Education shall use the textbooks approved by that Board0
.

(2)     Every private school affiliated to the Board other than the State Board of School Education shall use the text books aligned to the curriculum of the respective Board.

Rule - 16. Closure of a private school or a class or a course or a medium of instruction in the school

(1)     No educational agency shall close down a private school or a class or a course or a medium of instruction in the school without the prior approval of the competent authority.

(2)     A notice in writing in Form-IV requesting for closure of a school or a class or a course or a medium of instruction in the school shall be given to the competent authority before the 1st day of December of the year preceding the academic year in which the closure is proposed to be given effect.

(3)     The educational agency shall submit an affidavit to the effect,-

(a)      that intimation regarding closing down of the school has been communicated to the parents of all the pupils studying in the school;

(b)      that alternative arrangements for the continuance of the study of the pupils in another recognized school will be made at the end of the said academic year;

(c)      that the other school to which the pupils will be transferred is a recognized school;

(d)      that necessary arrangements for the admission of the pupils to the other recognized school will be completed before closing down the school;

(e)      that the permanent records of the school will be handed over to the concerned competent authority;

(f)       that necessary arrangements will be made to deploy the retrenched staff in the manner as prescribed in rule 31; and

(g)      that all the members of the educational agency have given their consent for the closure of the school.

(4)     The competent authority on receipt of the notice and after satisfying that there are justifiable reasons for entertaining the request for closure, shall pass an order granting approval for closure within a period of three months from the date of receipt of the notice. The order shall specify that the educational agency should make necessary arrangements as sworn in the affidavit referred to in sub-rule (3) and produce a certificate to that effect to the competent authority before closing down the school.

(5)     Where the competent authority grants approval for closure during the course of an academic year, such closure shall take effect only after the expiry of the said academic year.

(6)     If the competent authority finds that the notice given under sub-rule (2) is defective or the reasons adduced for closure are not satisfactory, the authority shall pass an order refusing to grant approval for closure of the school or a class or a course or a medium of instruction, as the case may be, within a period of three months from the date of receipt of the notice after giving the educational agency an opportunity of making a representation.

Rule - 17. Regulation of Admission

(1)     Every private school shall be governed by the instructions or the guidelines issued by the Government or the Director in respect of all matters pertaining to admission of a pupil in an academic year in the school.

(2)     Every private school not being a minority school shall be governed by the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act 35 of 2009)(hereinafter referred to as "Central Act 35 of 2009")and the rules made thereunder for the purpose of providing free and compulsory elementary education to the pupils upto standard VIII.

(3)     Every private school shall display on the notice board or host on the website, the details of the infrastructure available, staff strength, pupils strength, seats available for each standard - medium wise including seats for children belonging to disadvantaged group and weaker section as required under clause (c) of sub-section (1) of section 12 of the Central Act 35 of 2009, fees fixed and other facilities available if any. The details so displayed shall be updated on the notice board and on the website by the private school one month before the commencement of every academic year.

(4)     The minimum age for admission as on the 31st day of July of the year of admission shall be,-

(i)       for Play School, completed two years of age;

(ii)      for LKG, completed three years of age;

(iii)     for UKG, completed four years of age;

(iv)    for standard I, completed five years of age, and for standard II, completed six years of age and so on upto standard XII:

Provided that the District Educational Officer concerned may relax the minimum age upto six months and the Director concerned may relax upto twelve months under special circumstances.

(5)     The minimum age for admission to the teacher training institute as on the 31st day of July of the year of admission shall be, completed seventeen years of age.

(6)     The date of birth once entered in the school records based on the birth certificate of the child issued under the Births, Deaths and Marriages Registration Act, 1886 (Central Act VI of 1886) or on the basis of the hospital or the Auxiliary Nurse and Midwife (ANM) register record cannot be altered at a later date under any circumstances:

Provided that the date of birth entered only on the basis of the declaration made by the parent or the guardian at the time of admission, shall be confirmed by the parent or the guardian before the child appears for the examination conducted by the respective Board.

(7)     A pupil seeking admission in any of the standards in another recognized school shall be admitted at any time of the year based on the Transfer Certificate issued by the school in which he had last studied.

(8)     No pupil shall be admitted into a class higher than that to which his Transfer Certificate or Certificate of Completion declares him fit.

(9)     Admission in every private school shall be made without any discrimination of gender, disability, religion, race, caste, place of birth or language.

(10)   Admission of pupils to the Higher Secondary course in a non-minority school shall be made by following the rule of reservation in force in the State.

Rule - 18. Issue of Transfer Certificate

(1)     Every pupil of a private school shall have the right to seek transfer from that school to continue his school education in another school.

(2)     An application for issue of Transfer Certificate shall be made in writing to the Head Master of the private school by the parent or the guardian of the pupil. In such case, the Head Master shall issue the Transfer Certificate as per the instructions issued in this regard.

Rule - 19. Duplicate Transfer Certificate

An application for issue of duplicate Transfer Certificate shall be made to the Head Master of the private school where he had last studied accompanied by payment of a fee of Rs.100/- (Rupees One hundred only) or as may be specified by the Government from time to time together with a declaration that the original Transfer Certificate could not be found despite all efforts to trace out the same. The Headmaster shall issue the duplicate Transfer Certificate within a period of two weeks.

Rule - 20. Evaluation of Certificates

Certificates of pupils on transfer from other State / Union Territory or other Country shall be evaluated by the District Educational Officer, within a period of three months from the date of provisional admission of the pupils in any private school based on the orders issued by the Government, from time to time.

Rule - 21. Conduct of Examinations

(1)     The Staff Council of every private school with due consideration to the required percentage of attendance, shall prepare the guidelines subject to the provisions of Central Act 35 of 2009 and the instructions issued by the Government from time to time, for the promotion of the pupils from any standard for which the examination is not conducted by the respective Board.

Explanation.-For the purpose of this sub-rule, every private school shall have one Staff Council consisting of the Head Master of the private school and the members of the teaching staff not exceeding eleven nominated by him.

(2)     A copy of the guidelines prepared by the Staff Council under sub-rule(1) above shall be sent to the District Educational Officer.

(3)     The guidelines prepared by the Staff Council are subject to the orders issued by the respective Board from time to time.

(4)     The promotion list drawn by the Staff Council shall be sent to the District Educational Officer concerned for his approval.

(5)     The approved promotion list once drawn shall be displayed prominently in the school premises and any alteration or correction in the promotion list shall be made, only with the prior approval of the District Educational Officer.

(6)     (a) Every private school which has been selected as a centre for any Board examination shall place its building and the furniture at the disposal of the Board for conducting any examination;

(b) The school committee or the management of the school shall co operate with the Board in the conduct of the examination, valuation of the answer scripts and other ancillary activities and arrange all facilities for the conduct of the examination.

(7)     Valuation of answer scripts of examination shall form part of the legitimate duty of the teachers and every teacher shall be liable for being drafted for this duty.

(8)     No private school which does not enjoy recognition shall present its pupils for writing examination conducted by the respective Board.

(9)     Every private school shall abide by the following conditions, namely:-

(a)      shall not commence the admission of the pupils to the next higher standard before the release of the results by the respective Board or before the results are approved by the competent authority, as the case may be;

(b)      shall not prevent any pupil on its rolls with poor academic standard from appearing for any Board examination;

(c)      shall not present its pupils to any Board examination who are not on its rolls;

(d)      shall not compel any pupil to join any coaching class by the school;

(e)      shall impart education for the Higher Secondary classes only based on the group or courses for which approval has been accorded by the respective Board;

(f)       shall conduct the Board examinations strictly as per the guidelines issued by the respective Board;

(g)      shall conduct the internal examination as per the guidelines issued by the competent authority;

(h)     shall follow fairness and transparency in the conduct of examination.

Rule - 22. Academic achievement in private schools

(1)     All private schools shall,-

(a)      take efforts to constantly improve the academic performance of the pupils;

(b)      shall promote learning through various Information and Communication Technology (ICT) and digital methods;

(c)      shall aim for better results in the performance of the pupils in both internal and Board examinations in terms of pass percentage, scoring of marks and overall academic improvements;

(d)      follow the best teaching learning practices as per the advisories and guidelines issued by the Government from time to time;

(e)      prepare the pupils for better performance in assessment tests, conducted at National and State level for assessing the academic achievement of the pupils;

(f)       shall prepare the pupils for various co-curricular and extra-curricular activities;

(g)      shall encourage pupils to actively participate in programmes organised by the Government such as kalaithiruvizha, exhibitions, National or State or District level sports competitions, talent competitions; and

(h)     shall take steps to see that the physical and health education, life skill education, digital education and experiential learning are imparted to both the pupils and teachers.

Rule - 23. Training to Private School Teachers

(1)     The school committee shall organize the following periodic in-service training programmes for teachers to improve the capacity building of the teachers,-

(a)      training on pedagogy, curriculum, syllabus, subject content including use of Information and Communication Technology (ICT), computer laboratory and method of evaluation as per the guidelines issued by the Government from time to time;

(b)      training for the development of basic literacy and numeracy skills of the pupils, use of teaching learning materials and remedial teaching training; and

(c)      training on various issues including safety and security of the pupils, gender concerns, inclusive education, transgender, leadership training, inter-personal relationship training, crisis management, emotional well being as per the guidelines issued by the Government from time to time.

Rule - 24. Constitution of the School Committee

(1)     The educational agency of every private school not being a minority school shall constitute a school committee with the approval of the District Educational Officer concerned:

Provided that in case of a minority school, the educational agency of the school shall perform the functions of the school committee.

(2)     The School Committee shall consist of the following members, namely:-

(3)     The educational agency administering or maintaining more than one private school, may with the prior permission of the competent authority have a common School Committee, consisting of the following members, namely:-

Explanation I.- In the case of more than one private school of different categories coming under a single educational agency, the authority competent to grant permission to establish the school of the highest category shall be the authority competent to grant prior permission to constitute a common school committee.

Explanation II.- For the purpose of items (iii) of sub-rules (2) and (3) above, non-teaching staff means the staff of the Tamil Nadu Ministerial Service belonging to group C and above.

Explanation III.- For the purpose of items (ii) and (iii) of sub-rules (2) and (3) above, the seniority shall be determined with reference to the total service rendered by the teacher or the non-teaching staff, as the case may be, in the private school or schools concerned.

Explanation IV.- For the purpose of item (iv) of sub-rules (2) and (3) above, the nominees shall be from the parents only:

Provided that if any vacancy arises in the category of the senior most teaching or non-teaching staff, the next senior most teaching or non-teaching staff of that school shall be nominated to the school committee. The teaching or the non teaching staff so nominated shall be a member of the committee for the residual period of the tenure of the committee.

(4)     The term of office of the members of the school committee shall be three years and the members of the school committee shall be eligible for re-nomination.

(5)     The educational agency shall nominate one of the representatives of the school committee as the President with the approval of the District Educational Officer concerned:

Provided that the educational agency may nominate any other representative as the President within the term of three years.

(6)     The following persons are not eligible to become members of the school committee, namely:-

(a)      minor;

(b)      mentally unsound;

(c)      person convicted for criminal offence involvin moral turpitude;

(d)      insolvent;

(e)      person who has been found guility of any serious irregularity on inquiry.

Rule - 25. Secretary of the School Committee

(1)     The educational agency shall nominate one of its representatives as the Secretary of the school committee:

Provided that it shall be open to the educational agency, to nominate the Head Master as the Secretary of the school committee.

(2)     The term of office of the Secretary shall be three years and he shall be eligible for re-nomination. If the educational agency intends to change the Secretary within the term of three years, it shall do so with the prior approval of the District Educational Officer concerned.

(3)     The Secretary of the school committee shall,-

(a)      function for and on behalf of the educational agency;

(b)      act on the basis of the resolutions passed in the meetings of the school committee; and

(c)      be responsible for the maintenance of accounts and proper administration.

(4)     Where the competent authority is convinced that the Secretary or any member of the school committee is responsible for any lapse or irregularity in managing the affairs of the school, the competent authority shall instruct the educational agency to remove such person from the office of the Secretary or the member of the school committee, as the case may be.

(5)     If the educational agency has wilfully failed to comply with the direction of the competent authority to remove the Secretary or the member of the school committee, the competent authority shall remove such person from the office of the Secretary or the member of the school committee, as the case may be, after giving such person or the member of the school committee an opportunity of being heard.

(6)     The Secretary shall not interfere in the internal administration of the school like admission, promotion and discipline of the pupils and other academic matters which shall be the exclusive responsibility of the Head Master of the school, who will be guided by the Staff Council.

Rule - 26. Meeting of the School Committee

(1)     Meeting of the school committee shall be convened by the Secretary with the approval of the President of the school committee at least once in every three months.

(2)     A notice in writing shall be given to the members of the school committee intimating the venue of the meeting which shall, preferably, be in the school premises, at least seven days prior to the date on which the meeting is scheduled to be conducted.

(3)     The quorum for the meeting of the school committee shall be not less than fifty per cent of the total members of the school committee.

Explanation.- For the purpose of this sub-rule, if the total number of the members of the school committee is an odd number, the next higher even number shall be taken.

(4)     A copy of the minutes of the meeting shall be communicated by the Secretary of the school committee to the District Educational Officer concerned within a period of fifteen days.

Rule - 27. Appointment of Special Officer

(1)     The Special Officer appointed under section 18 or section 31 of the Act, shall be not below the rank of a Headmaster of a High School in respect of a High School and the schools below and not below the rank of a Headmaster of a Higher Secondary School in respect of a Higher Secondary School. The Special Officer so appointed shall perform the functions of the Secretary of the school committee.

(2)     Where the appointment of a Special Officer is pending consideration of the Government, the District Educational Officer concerned shall be the authority competent to draw and disburse the pay and other allowances to the teaching and non-teaching staff of the school.

Rule - 28. Conditions of service of staff in an aided private school

(1)     The number of staff employed in an aided private school for the purpose of grant, shall not exceed the number of posts fixed by the competent authority, with reference to the strength of the pupils as per the norms fixed by the Government.

(2)     Appointment to the various categories of teaching and non teaching staff shall be made as follows:-

(a)      Teaching Staff.-

(i)       by deployment of a teacher from any other aided private school in the same cadre drawing salary out of the grant from the funds of the Government; or

(ii)      if no candidate is available by method (i) above, by promotion from among the qualified teachers in the feeder categories in that school:

Provided that promotion shall be made on grounds of merit and ability, seniority being considered only when merit and ability are approximately equal; or

(iii)     if no candidate is available by method (ii) above, appointment from among the non-teaching staff employed in that school, provided he is fully qualified to hold the post of a teacher; or

(iv)    if no candidate is available by method (iii) above, by direct recruitment;

(b)      Non-Teaching Staff.-
 

(i)       by deployment from among the incumbents from any other aided private school in the same cadre, drawing salary out of the grant from the State funds; or

(ii)      if no candidate is available by method (i) above, by promotion from among the qualified incumbents in the feeder categories or holding the post carrying the lower scale of pay in that school:

Provided that promotion shall be made on grounds of merit and ability, seniority being considered only when merit and ability are approximately equal; or

(iii)       if no candidate is available by method (ii) above, appointment from among the incumbents holding the post carrying identical scale of pay of the post which has to be filled up in that school, provided he is fully qualified to hold the post; or

(iv)      if no candidate is available by method(iii) above, by direct recruitment:

(3)     In respect of an educational agency running more than one aided private school, the schools under that agency shall be treated as one unit for the purposes of seniority and promotion of the staff.

(4)     Qualification.-

(a)      Age.- The minimum and maximum age limits for direct recruitment to a teaching and nonteaching post shall be the age limits specified by the Government from time to time for appointment to the corresponding post in Government schools:

Provided further that there shall be no maximum age limit for the non-teaching staff belonging to the reserved categories who possess a qualification which is higher than the minimum educational qualification as specified in Annexure IV - B;

(b)      Other Qualifications.- The minimum qualification to be possessed by a teaching or a non-teaching staff of every aided private school shall be as prescribed in Annexure IV- A and Annexure IV - B respectively.

(5)     Method of appointment,- The methods of appointment to the various categories of teaching and non-teaching staff in an aided private school shall be as prescribed in Annexure-V.

(6)     Other Requirements.- Every teaching and non-teaching staff selected for appointment shall produce a certificate of fitness from any registered medical practitioner and two certificates from the gazetted officers or members of a local authority not related to the person selected for appointment, certifying the good conduct and character of the said person.

(7)     The school committee of every aided private school shall enter into an agreement with the teaching and non -teaching staff as prescribed in Form VI-A, where the appointment is made permanently or in Form VI-B, where the appointment is made temporarily against any vacancy caused due to maternity leave:

Provided that no such appointment in a non-minority school shall be made by the school committee without the prior permission of the competent authority. The competent authority while giving such permission shall ensure with the authority concerned that no surplus staff in the respective category in the aided private school is available to be deployed as per the procedure prescribed in rule 31.

(8)     The District Educational Officer (Elementary) or the Chief Educational Officer or the Principal, District Institute of Education and Training, as the case may be, shall verify the genuineness of the certificates of the staff so appointed and after satisfying himself that the appointment has been made as per the rules governing the post, accord approval of the appointment so made within a period of fifteen days. The concerned Block Educational Officer or the District Educational Officer or the Principal, District Institute of Education and Training, shall thereafter release the grant for the post to which the incumbent has been appointed.

(9)     Probation.- Every teaching and non-teaching staff appointed in an aided private school shall from the date on which he joins duty be on probation for a total period of two years within a continuous period of three years.

(10)   Seniority.-

(a)      the school committee shall prepare and maintain a separate seniority list of teaching and nonteaching staff for each category of post every year;

(b)      in case the educational agency is running more than one school, the school committee shall prepare a common seniority list each of the teaching and non-teaching staff of all the schools under its respective Board.

(11)   Reservation.- While selecting the candidates for appointment by direct recruitment in every aided private school not being a minority school, the reservation of seats for the candidates shall be made following the rule of reservation in force in the State.

(12)   Pay and Allowances.-

(a)      The scale of pay and dearness allowance and other allowances prescribed by the Government from time to time shall be made applicable to the teaching and non teaching staff of an aided private school. The pay and allowance shall be disbursed on the 1st day of every month through Electronic Clearing System (ECS);

(b)      The school committee of every aided private school should have in operation a Provident Fund Scheme as approved by the Government.

(13)   Leave.-Every teaching and non teaching staff of an aided private school shall be entitled to such leave as are admissible to the corresponding posts of teaching and non teaching staff of the Government schools.

(14)   The school committee shall constitute a Grievance Redressal Cell for each school which shall address the grievances of the staff.

(15)   The school committee shall also constitute an Internal Complaints Committee to ensure the prevention of sexual harassment of the women staff and for redressal of the complaints of sexual harassment and for matters connected therewith and incidental thereto in accordance with sub-section (2) of section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Central Act 14 of 2013).

(16)   The school committee shall attend to all the claims of the service matters of the teaching and non teaching staff in accordance with these rules and the instructions issued by the Government or the Director.

(17)   Retirement.- Every teaching and a non-teaching staff employed in an aided private school shall retire on attaining the age of sixty years or the age as may be specified by the Government in this regard.

Provided that if a teacher, who has been working in the eligible sanctioned post attains the age of superannuation in the middle of the academic year and if surplus teachers are available for deployment in the respective category of the post held by that teacher, such teacher shall be permitted to retire immediately and shall not be permitted to work on re-employment till the end of the Academic Year:

Provided further that if a teacher, who has been working in the surplus post attains the age of superannuation in the middle of the academic year, he shall be permitted to retire immediately and the post held by such teacher shall be surrendered to the Director.

(18)   Retirement benefits.-The teaching and non teaching staff of an aided private school shall be entitled to the retirement benefits as applicable to the Government servants.

Rule - 29. Disciplinary action against the staff of an aided private school

(1)     A teaching or a non teaching staff of an aided private school shall be liable for disciplinary action for violation of any of the provisions of the Code of Conduct prescribed in rule 35 or for any other act which constitutes unbecoming of a teaching or a non-teaching staff and shall be imposed with one or more of the following penalties, namely:-

(a)      Minor penalties-,

(i)       fine;

(ii)      censure;

(iii)     withholding of increment with or without cumulative effect ;

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

(b)      Major penalties-,

(i)       reduction in rank ;

(ii)      compulsory retirement;

(iii)     removal from service;

(iv)    dismissal from service:

Provided that in the absence of specific and adequate reasons to the contrary to be mentioned in the order of the disciplinary authority, no penalty other than those specified in sub-clauses (ii) to (iv) of clause (b) above shall be imposed for any established charge of corruption.

Explanation.- The following shall not amount to penalty within the meaning of this clause:-

(i)       compulsory retirement of the staff by the competent authority at any time after he has attained the age of fifty years (fifty five years in the case of basic servants) or after he has completed thirty years of qualifying service, as the case may be, if in the opinion of the competent authority it is necessary to do so in the public interest:

Provided that no order shall be made under this sub-clause, without giving the staff a notice of not less than three months in writing or three months pay and allowances in lieu of such notice;

(ii)      discharge of the staff appointed in a short term officiating vacancy caused due to grant of leave;

(iii)     termination of the services of the staff under an agreement in accordance with the terms of such agreement.

(2)     The authority competent to impose the penalty specified in sub-rule(1) shall be the school committee.

(3)     No minor penalty shall be imposed on the delinquent staff unless he has been given a reasonable opportunity of making a representation.

(4)     In every case where the school committee proposes to impose any major penalty on the delinquent staff, the following procedure shall be followed:-

(a)      the disciplinary authority shall frame definite charge on the basis of the allegation on which the inquiry is proposed to be held and a copy of the charge together with the statement of the allegation on which they are based shall be furnished to the person charged and he shall be required to submit within such time as may be specified by the disciplinary authority, but in any case not later than a period of thirty days, a written statement of defence and also to state whether he desires an oral inquiry or to be heard in person;

(b)      if an oral inquiry is desired by the person charged, the school committee shall appoint an inquiry officer who shall be not below the rank of the person charged to conduct the inquiry. At that inquiry, oral evidences may be heard as to such of those allegations as are not admitted and the person charged shall be entitled to cross examine the witnesses, to give evidences in person and to call for such witnesses as he may wish, provided that the inquiry officer may for special and valid reasons to be recorded in writing, refuse to call a witness. At the conclusion of the inquiry, the inquiry officer shall prepare a report of the inquiry regarding his findings on each of the charge together with the reasons therefor;

(c)      the school committee shall consider the report of the inquiry officer and record its findings on each charge and if the school committee is of the opinion that any of the major penalties should be imposed, it shall-,

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

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

(d)      on receipt of the representation, if any, made by the person charged, the school committee after considering the same, shall pass final orders in the disciplinary proceedings and communicate the same to the delinquent staff. In any case, the final orders in the disciplinary proceedings shall be issued not later than the period of six months. The school committee shall intimate the same to the Block Educational Officer and the District Educational Officer (Elementary) in respect of Pre-Primary, Primary and Middle Schools, the District Educational Officer (Elementary) of Chennai district in respect of Anglo-Indian Schools and the Chief Educational Officer in respect of High and Higher Secondary Schools and the Principal, the District Institute of Education and Training in respect of Teacher Training Institute.

Rule - 30. Suspension of a staff of an aided private school

(1)     The appointing authority may place a staff under suspension,-

(a)      on a charge of misconduct; or

(b)      against whom an enquiry into grave charges is contemplated or is pending; or

(c)      against whom a complaint of criminal offence is under investigation or trial and if such suspension is necessary in the public interest.

(2)     A staff of an aided private school shall be deemed to have been suspended with effect from the date of his detention, if he is detained in custody whether on a criminal charge or otherwise, for a period exceeding forty eight hours.

(3)     Whenever a staff is placed under suspension, the school committee shall, immediately on the date of issue of the order placing him under suspension, communicate a copy of the order to the authority who is competent to approve the disciplinary action taken by the school committee.

(4)     The staff who has been placed under suspension shall be paid every month from the date of suspension, subsistence allowance at an amount equal to one half of the pay which he was drawing immediately preceding the date on which he was placed under suspension and the admissible dearness allowance and other allowances:

Provided that where the period of suspension continues beyond six months, the school committee shall be solely responsible for the payment of subsistence allowance.

(5)     Where the person suspended has been exonerated after the conclusion of the disciplinary proceedings or where any criminal prosecution instituted against such person has ended in honourable acquittal, the school committee shall,-

(a)      revoke the suspension and reinstate the person immediately and communicate a copy of the order of reinstatement to the authority competent to approve the disciplinary action;

(b)      pay such staff, the full pay and allowances which he was drawing immediately preceding the date of suspension less the amount of subsistence allowance already paid to him for the period of suspension.

Rule - 31. Resignation by the staff of an aided private school

(1)     The staff of an aided private school may, on his own volition resign his appointment by giving three months notice in writing to the school committee or by paying the school committee three months pay and allowances in lieu of such notice thereof with a copy marked to the District Educational Officer (Elementary) or the Chief Educational Officer or the Principal, District Institute of Education and Training, as the case maybe. In case of a probationer, the period of notice or the pay and allowances in lieu thereof shall be two months.

He shall also give a sworn declaration to the effect that in the event of acceptance of resignation, he shall not claim any service benefit from that school and shall not seek re-employment in that school at a later date on any ground. The period of three or two months notice, as the case may be, shall be reckoned from the date of receipt of such notice by the school committee.

(2)     The staff who tenders resignation may withdraw the same within the intended period of resignation or before the resignation is accepted, whichever is earlier.

(3)     Notice of resignation submitted by the staff shall not be accepted by the school committee,-

(i)       if disciplinary proceeding is contemplated or pending against the staff; or

(ii)      if investigation by the Directorate of Vigilance and Anti Corruption (DVAC) is pending against the staff; or

(iii)     if any due from the staff is pending to be recovered.

(4)     The school committee shall pass an order either accepting the resignation or rejecting the same for reasons to be recorded in writing.

(5)     If the school committee agrees to accept the request of the staff, shall forward the resignation letter within a period of fifteen days from the date of receipt of the resignation letter to the competent authority for concurrence.

The competent authority shall accord concurrence or otherwise within a period of one month from the date of receipt of the letter. The school committee on receipt of the concurrence of the competent authority shall pass an order within a period of fifteen days and communicate the same to the staff and to the authorities concerned.

In the event of acceptance of resignation by the school committee, such staff shall be relieved of his duties with effect from the date on which he has opted to resign the post. The resignation once accepted shall be final and irrevocable.

Rule - 32. Staff fixation and deployment of surplus staff on retrenchment in an aided private school

The following norms shall be followed in the fixation of the strength of the staff based on the strength of the pupils studying in the standards / sections for which grant has been paid by the Government prior to the Academic Year 1991-1992 and the consequential deployment of the surplus staff,-

(A)     Staff fixation.-

(1)     The strength of the staff of every aided private school shall be fixed based on the strength of the pupils as on the 1stday of August of every academic year.

(2)     The requirement of each aided private school shall be assessed separately by treating each school as a unit for the purpose of fixing the strength of the staff.

(3)     The posts sanctioned to an aided private school prior to the academic year 1991 - 1992 and the strength of the staff fixed based on the strength of the pupils as on the 1st day of August of the academic year in which the fixation is done, whichever is less shall be the norms for fixing the strength of the staff of that academic year.

(B)     Deployment of surplus staff,-

(1)     The District Educational Officer concerned in respect of Primary and Middle schools, the Chief Educational Officer concerned in respect of High and Higher Secondary schools and the Joint Director concerned in respect of Anglo-Indian schools shall fix the strength of the staff based on the strength of the pupils updated in the Educational Management Information System (EMIS) as on the 1stday of August of every academic year and shall complete the assessment process on or before the 12th day of August of that academic year.

(2)     The staff fixation statement along with the list of surplus staff identified shall be forwarded to the Secretary of the school committee or the management of the school concerned on or before the 15thday of August of that academic year.

Explanation.- For the purpose of this sub-rule,-

(i)       the surplus staff so identified shall be the junior most staff in that school;

(ii)      the junior most staff so deployed will retain his seniority in the school from which he has been deployed;

(iii)     the school to which the junior most staff has been deployed shall pay the salary to such deployed staff and shall have the right to take disciplinary action against such staff.

(3)     The Secretary of the school committee or the management of the school, as the case may be, shall explore the possibility of accommodating the surplus staff against any eligible vacant post in any other aided school under the same educational agency and within the Revenue District and send the report to the concerned District Educational Officer in respect of Primary and Middle schools, the Joint Director concerned in respect of Anglo-Indian schools and the Chief Educational Officer concerned in respect of High and Higher Secondary Schools by the 22ndday of August of that academic year. The concerned District Educational Officer or the Joint Director or the Chief Educational Officer, as the case may be, shall thereafter issue deployment orders to the Secretary of the school committee or the management of the concerned school from and to which the surplus staff shall be deployed, for accommodating those surplus staff within the Revenue District on or before the 31stday of August of that academic year.

(4)     If surplus posts with or without staff are still available after the deployment is made by the concerned Officer, the list of those surplus staff shall be forwarded to the Director concerned on or before the 10thday of September of that academic year.

(5)     On receipt of the list of surplus posts with and without staff,-

(a)      the Director concerned shall resume the surplus posts without staff to the common pool and communicate the same to the Secretary of the school committee or the management of the school, the concerned District Educational Officer, the Chief Educational Officer and the Joint Director, as the case may be;

(b)      in respect of surplus posts with staff, the Director concerned shall accommodate the identified surplus staff against the eligible vacancy in another aided school coming under the same educational agency in the adjacent Revenue District;

(c)      if no such vacancy is available in the adjacent Revenue District, such staff shall be given an opportunity of exercising his option for deployment either,-

(i)       to the eligible vacancy in other aided school under the same educational agency but in far away district; or

(ii)      to the eligible vacancy in other aided school under different educational agency but in the nearby district;

(d)      if there is any conflict in the selection of the school specified in clause (c) above, the senior surplus staff shall be given preference.

(6)     The above process shall be done by conducting counselling by the concerned Director or the Chief Educational Officer, the District Educational Officer, and the Joint Director, as the case may be, on or before the 30thday of September of that academic year.

(7)     Even after all these processes, if surplus staff are still available to be deployed or where such deployment is felt difficult, such surplus staff available with the Director concerned shall be sent on deputation to some other nearby Panchayat Union school by the District Educational Officer concerned or to the Government High / Higher Secondary School by the Chief Educational Officer concerned or to the Anglo-Indian School by the Joint Director concerned, till a vacancy arises in any other aided school for the purpose of deployment.

(8)     The educational agency of an aided private school shall not make any new appointment in the eligible vacancy available in the school till the deployment of all other surplus staff available in other aided private schools coming under the same corporate management is exhausted based on the report given by the concerned District Educational Officer, the Chief Educational Officer and the Joint Director, as the case may be to this effect.

(9)     The staff who is found to be surplus in an aided private school should join the school to which he has been deployed within a period of fifteen days from the date of receipt of the deployment order failing which, disciplinary action will be initiated against the staff concerned by the school from which the surplus staff has been deployed and no further grant-in-aid will be sanctioned to that particular post held by such surplus staff.

(10)   The staff who has been issued with deployment order has no vested right to choose a particular place since he should be prepared to work anywhere in any aided private school as ordered.

(11)   Where the Secretary of the school committee or the management of the school, as the case may be, refuses to relieve the deployed staff, the grant - in - aid extended to that particular post which has been declared surplus shall be stopped immediately forthwith.

(12)   Where the Secretary of the school committee or the management of the school, as the case may be, to which such surplus staff has been deployed refuses to accommodate the deployed staff, the Secretary of the school committee or the management of the school, as the case may be, shall not fill up the vacant post without the approval of the competent authority. In such case, if the deployment has been made by the District Educational Officer concerned in respect of Primary and Middle schools, the fact shall be intimated to the Director of Elementary Education who shall take action to send such deployed staff on deputation to some other nearby Panchayat Union school till a vacancy arises in any other aided school for the purpose of deployment as prescribed in sub-rule (7) above. If the deployment has been made by District Educational Officer concerned in respect of High and Higher Secondary schools, the fact shall be intimated to the Chief Educational Officer concerned and the Chief Educational Officer shall intimate the same to the Director of School Education who shall take action to send such deployed staff on deputation to some other nearby Government school till a vacancy arises in any other aided school for the purpose of deployment as prescribed in sub-rule(7) above. If the deployment has been made by the Joint Director concerned, in respect of Anglo-Indian schools the fact shall be intimated to the concerned Director who shall take action to send such deployed staff on deputation to some other nearby Government school till a vacancy arises in any other Anglo-Indian school for the purpose of deployment has prescribed in sub-rule (7) above.

(13)   If any vacancy arises in the aided school from which the surplus staff has been deployed consequent on increase in the strength of the pupils in that school in the next academic year, the surplus staff who has been deployed from that school earlier shall be re-transferred to that school on obtaining his willingness.

Rule - 33. Payment of grant

(1)     Private schools which have been receiving aid prior to the academic year 1991 - 1992 may continue to be paid grant from out of the State funds, subject to the availability of funds, the norms and conditions specified in the Grant-in-Aid Code and other orders and notifications issued by the Government.

(2)     Such payment of grant shall be subject to the following conditions, namely:-

(a)      every aided private school receiving any grant or financial assistance from the Government shall levy and collect from the pupils only such fee, charges or other payment as may be specified by the Government;

(b)      the educational agency of a non-minority school shall employ adequate number of teaching and non-teaching staff with the approval of the authority concerned with reference to the sanctioned posts;

(c)      while filling up the post, the educational agency shall give preference to the staff who have become surplus in other aided private schools;

(d)      the grant shall be utilized only for the purpose for which it is sanctioned.

(3)     The authority competent to sanction grant, the rate at which and the purpose for which the grant may be paid and the procedure for the payment of grant shall be as specified in Annexure-VI.

(4)     The Government may withhold the grant permanently or for any specified period,-

(a)      if the educational agency of an aided private school contravenes any of the conditions specified in subrule (2); or

(b)      if there is no enrolment of pupils in any academic year; or

(c)      if any falsification of accounts or misuse of the amount of grant paid to any aided private school is held proved.

(5)     For the purpose of withholding the grant under sub-rule (4),-

(a)      in respect of an aided private school, action shall be initiated by the competent authority;

(b)      in respect of an aided private teacher training institute, action shall be initiated by the National Council for Teacher Education (NCTE).

Rule - 34. Accounts and audit

(1)     The Headmaster or the Secretary of the school committee of every aided private school shall,-

(a)      maintain separate accounts of grants or funds received from the State Government or the Central Government and the property held by or on behalf of the school;

(b)      keep the bank accounts, ledgers, stock registers, cash books, receipts and vouchers by making proper entries; and

(c)      keep all the records readily available for audit at any time.

(2)     The authority competent to audit the accounts of an aided private Pre-Primary, Primary and Middle Schools shall be the Local Fund Audit and the authority competent to audit the accounts of an aided private High and Higher Secondary School and the Teacher Training Institute shall be the Departmental Auditor.

Explanation.-For the purpose of this sub-rule, Departmental Auditor means officials working in the Audit Wing of the Directorate of School Education.

(3)     The report on the audit of accounts shall be sent by the Local Fund Audit to the concerned District Educational Officer, and by the Departmental Auditor to the concerned Chief Educational Officer, and to the Principal, District Institute of Education and Training, as the case may be, with a copy to the school concerned. The concerned District Educational Officer or the Chief Educational Officer or the Principal, District Institute of Education and Training, as the case may be, shall after review forward it to the school committee for reconciliation of objections, if any, raised in the audit report.

(4)     The Secretary of the school committee shall within a period of one month from the date of receipt of the audit report submit the report together with his comments, to the concerned District Educational Officer or the Chief Educational Officer, or the Principal, District Institute of Education and Training, as the case may be.

(5)     After receipt of the report from the Secretary of the school committee, the concerned District Educational Officer or the Chief Educational Officer or the Principal, District Institute of Education and Training, as the case may be, shall take necessary follow up action and forward the report to the Local Fund Audit or to the Departmental Auditor, as the case may be, for necessary action.

Rule - 35. Utilisation of funds and property of a private school

(1)     The funds and property of a private school shall be utilised for the purposes for which they are intended and shall be for the furtherance of education and other related activities.

(2)     Where the educational agency seeks to divert the funds from one purpose to another, it shall do so only after obtaining the prior permission of the competent authority.

Rule - 36. Code of Conduct

(1)     The staff employed in every private school shall be governed by the Code of Conduct enumerated below:

(2)     Every teaching and non teaching staff employed in an aided private school,-

(i)       shall discharge his duties efficiently and diligently ;

(ii)      shall conduct himself as a role model to the pupils and the public;

(iii)     shall, apart from teaching, engage himself in the matters of admission, conduct of examinations and valuation of answer scripts as directed by the authority concerned;

(iv)    shall always be vigilant on the safety and security of the pupils;

(v)      shall submit the property return statement once in every five years. Any change in the statement consequent on acquisition or disposal of any property within the said period of five years shall also be intimated immediately to the concerned authority;

(vi)    shall not impose corporal punishment on the pupils;

(vii)   shall not decline to attend any in-service training organized by the Government including holidays or vacation;

(viii)  shall not desist from attending duties in connection with the census or election or survey conducted by the educational authorities, such as National Achievement Survey or the State Level Achievement Survey;

(ix)    shall not absent himself from duties without the prior permission of the authority concerned. In case of sickness or absence on medical grounds, a medical certificate to the satisfaction of the school authorities shall be produced within a week;

(x)      shall not engage directly or indirectly in any trade or business or undertake any employment;

(xi)    shall not give or take or abet the giving or taking of dowry or demand directly or indirectly, from the parent or guardian of a bride or bridegroom, as the case may be, any dowry; Explanation.- For the purposes of this clause , dowry has the same meaning as in the Dowry Prohibition Act, 1961 (Central Act 28 of 1961);

(xii)   shall not speculate any stock, share or other investment;

(xiii)  shall not lend money to any person for interest;

(xiv)  shall not have any pecuniary relations with any pupil or ex-pupil or parent or guardian of any pupil or ex-pupil or with the staff or the establishments of the school;

(xv)   shall not without the permission of the school committee, engage himself habitually in literary or artistic work of any kind or in the publication of books:

Provided that a teacher may publish occasionally books on literature, short story, novel, drama, essay and poetry under intimation to the school committee, subject to the condition that he does not use his time and official position to influence the promotion of the sale of such books and that such books do not contain matters of political aspects, or any other objectionable matter or views against the policy of the Government;

(xvi)  shall not be a member of or otherwise be associated with any organization,-

(a)      which promotes or attempts to promote on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill will between different religious, racial, linguistic or regional groups or castes or communities; or

(b)      whose activities are prejudicial to the maintenance of harmony between different religious, racial, linguistic or regional groups or castes or communities, and which disturb or is likely to disturb the public tranquillity;

(xvii) shall not enter into or contract a marriage with a person having a spouse living and no teacher or a non-teaching staff having a spouse living shall enter into or contract a marriage with any person:

Provided that the school committee may permit a teacher or a non-teaching staff to enter into or contract any such marriage if it is satisfied that,-

(a)      such marriage is permissible under the personal law applicable to such teacher or a non-teaching staff; or

(b)      there are other grounds for so doing;

(xviii)   shall not do any act involving moral turpitude on his part including any unlawful act, which may cause embarrassment or which may bring discredit to the Government;

(xix)  shall not engage himself in any strike or incitement thereto or in similar activities.

Explanation.- For the purpose of this clause, similar activities shall be deemed to include absence from work or neglect of duties without permission and with the object of compelling something to be done by the Head Master or any other superior officer or the Government or any demonstrative fast usually called hunger strike for similar purposes;

(xx)   shall not conduct any procession or hold or address any meeting in any part of any open ground adjoining any Government office or inside any office premises,-

(a)      during school hours on any working day; and

(b)      outside school hours or on holidays except with the prior permission of the Secretary of the school committee;

(xxi)  prior permission of the Secretary of the school committee shall be obtained in a case where any teacher or a non teaching staff seeks to accept honorary work without detriment to his official duties;

(xxii) shall at all times maintain a high example of personal and professional integrity, devotion to duty and shall do nothing which is unbecoming of an employee of an educational institution;

(xxiii)   shall be punctual in his work and in any other work connected with the duties assigned to him ;

(xxiv)   shall abide by the rules and regulations of the school;

(xxv)the Head Master shall not leave the school without ensuring that all the pupils in the school have left the school premises;

(xxvi)   shall not indulge in or encourage any form of malpractice connected with the examinations or any other school activity;

(xxvii)  shall not engage himself in anti-secular activities which tend to indulge in communal activities or propagate religion or casteism;

(xxviii) shall not indulge in theft or fraud or embezzlement of funds or misappropriation of the school property;

(xxix)   shall not ill-treat the pupils or other employee or indulge in rowdyism or disorderly behaviour or violence;

(xxx)shall not be a member of an unrecognized Association or support directly or by implication, an Association, the object or the activities of which is prejudicial to the interest and integrity of our country;

(xxxi)   shall not encourage any propaganda or practice wounding the religious feelings of any class of pupilsor insulting the religion or the religious belief of that class;

(xxxii)  shall not indulge in any act that undermines the national integrity or causes insult to National Anthem or National Flag;

(xxxiii) shall not bring or attempt to bring political or other influences for the furtherance of his own interest;

(xxxiv) shall not be found drunk or under the influence of narcotic drugs while attending duty or appearing in a public place;

(xxxv)  shall not subject or attempt to subject any pupil or women employee to sexual harassment.

Explanation.- "Sexual harassment" includes such unwelcome sexually determined (whether directly or by implication) behaviour like,-

(a)      physical contact and advances; or

(b)      a demand or request for sexual favours; or

(c)      sexually coloured remarks; or

(d)      showing pornography; or

(e)      any other unwelcome physical, verbal or non-verbal conduct of sexual nature;

(xxxvi) shall not engage in work, like private tuitions;

(xxxvii)               shall not seek employment under any other agency except with the prior permission of the school committee;

(xxxviii)              shall inform the school committee if he is involved in any criminal proceeding and the stage of the pendency of such proceeding;

(xxxix) shall not contest or participate in or canvas for any election or otherwise interfere or use influence in connection with any election to any legislature or parliament or local authority;

(xl)    shall not engage himself or participate in any demonstration or strike or activity which is prejudicial to the interest of the country, the security of the State, the friendly relationship with foreign States, public orders, decency or morality or which involves contempt of court, defamation or incitement to an offence;

(xli)   shall not indulge in any criticism of the policy of the State Government or the Central Government either directly or indirectly or participate in any activity which brings disrepute to the Government.

Rule - 37. Change in the constitution of the educational agency or transfer of management of the school

(1)     Whenever there is any change in the constitution of the educational agency or any amendment is made to the trust deed or the memorandum of association, the educational agency shall submit all the relevant documents to the competent authority within a period of fifteen days from the date of registration of such change or amendment.

(2)     Where an educational agency of a private school other than a minority school, proposes to transfer the management of the school to another educational agency having similar objectives, both the educational agencies shall apply jointly in Form-V to the competent authority:

Provided that where an educational agency of a minority school proposes to transfer the management of such private school to another educational agency of the same minority, both the educational agencies shall apply to the Government for approval.

Rule - 38. Safety and Security of the pupil

(1)     The educational agency of a private school shall ensure that the following norms pertaining to the safety and security of the pupils are carried out in the school:-

(A)     Safety of the pupils inside the school.-

(i)       construction work in the school should be carried out during holidays or after school working hours;

(ii)      the school should be properly fenced;

(iii)     the terraces and balconies should be properly fenced with a reasonably high wall of atleast 4 feet;

(iv)    the water storage tanks, septic tanks and open wells should be properly covered with bold indication marks;

(v)      all rooms, laboratories and toilets should be checked after school hours, before the building is locked for the day;

(vi)    the school should ensure that all electrical fittings and appliances are as per safety norms. All electric wires must be insulated and joints covered. Periodical inspection of all the electric points must be conducted.

(B)     Safety of the pupils outside the school.-

(i)       all the pupils studying in the school should be made aware of the traffic rules;

(ii)      no liquor or tobacco shops should be allowed close to or just outside the school;

(iii)     while hiring school buses, the school should ensure that the bus is in good condition as per the norms in force and duly registered with the Transport Department. It should also be ensured that the driver has valid licence;

(iv)    the names, addresses and telephone numbers of all the pupils taken for an out-of-school activity should be made available with the school authority and with the accompanying staff.

(C)     Pupils Safety and Protection from Sexual abuse and violence.-

Every private school shall constitute a Student Safeguarding Advisory Committee that will continually review, monitor and recommend measures at the institutional level on all aspects of the safety of the pupils. The school shall follow the guidelines as prescribed by the Government, from time to time, in this regard.

(D)     Physical, Emotional and Mental Safety.-

(i)       no pupil should be subjected to physical punishment, threats or mental harassment on any account;

(ii)      the teachers should not use derogatory remarks, verbal or written, which may have negative impact on the selfesteem of a child;

(iii)     the teachers should not humiliate or disgrace the child in private or in the presence of others, especially in the presence of his fellow students.

(E)     Health Safety.-

(i)       health details of all the pupils should be made available with the respective class teacher;

(ii)      the school should ensure that safe drinking water is made available to the pupils. It should be stored in clean utensils, and shall be kept covered always;

(iii)     cleaning of underground/overhead tanks and water-coolers must be done periodically. The date of cleaning and the next due date of cleaning should be conspicuously displayed on the tank;

(iv)    the school must have proper outlets for waste-water and should ensure that there is no stagnation of water inside the school premises in order to prevent mosquito breeding;

(v)      the pupils should be made aware of the harmful impact on the health of the pupils in using narcotic drugs and other harmful alcoholic substances.

(F)      Fire safety.-

(i)       fire fighting training should be given to all the teachers and the pupils of standards X to XII;

(ii)      First Aid training should be given to all teachers;

(iii)     mock drills should be conducted regularly;

(iv)    fire alarms should be provided in each floor of the building. Separate long bell arrangement should be made for use in case of emergency.

(G)     Furniture.-

(i)       the furniture in the class rooms should be properly designed and free from protruding nails, sharp metal pieces, sharp edges and abrasive surfaces;

(ii)      condemned furniture should not be stacked inside the class rooms or in the lofts and should be disposed off immediately;

(iii)     it should be ensured that all laboratory furnitures should be protected from corrosion by chemicals or other dangerous materials;

(iv)    the LPG cylinder should be placed outside the laboratory within a ventilated chamber;

(v)      the exhaust fans should be provided in the laboratory.

(H)     Electrical Safety.-

(i)       the main boxes, switch boards and meters must be away from the reach of the pupils;

(ii)      the switch boards should be covered safely with wooden boxes;

(iii)     periodical inspection by the officials of the Electricity Department should be made mandatory;

(iv)    it should be ensured that there are no High Tension lines and transformers inside or close to the school.

(I)      Play Space Safety.-

(i)       bushes likely to harbour dangerous and poisonous creatures should be removed from the play space;

(ii)      water bodies, like ponds, pits, stagnant water puddles etc., should be safely and properly fenced;

(iii)     open gutters, garbage pits, etc., should also be covered safely;

(iv)    play space should be properly fenced and should not be hired to the outsiders for any public function, carnival and the like, in order to mobilize money.

(J)      Amenities.-

(i)       clean potable drinking water should be provided to the pupils studying in the school. Drinking water supply near the toilets should be avoided;

(ii)      storage tank should be cleaned regularly. Pipelines should be maintained so as to prevent leakage and wastage of water;

(iii)     toilets should be cleaned frequently and the date of cleaning and the next due date of cleaning should be entered separately in a register maintained for this purpose.

(K)     Kitchen.-

(i)       it should be ensured that no pupil is allowed inside or near the kitchen;

(ii)      fire extinguisher should be placed near the kitchen.

(L)      Transportation.-

(i)       Emergency exit.- every school bus shall be fitted with an emergency exit door at the rear right side or at the rear wind screen with quick release latches mechanism which can be operated from inside and outside of the bus;

(ii)      First Aid Box.- a first aid box containing articles as specified in sub-rule (5) of rule 172 of the Tamil Nadu Motor Vehicles Rules, 1989 shall be provided and replaced periodically in the school bus;

(iii)     Fire Extinguisher.- in every school bus, atleast two fire extinguishers of ABC type having a capacity of 2kg each, bearing ISI mark should be properly mounted.

(M)     Buildings.-

(i)       only non-combustible, fire-proof, heat resistant materials should be used in the construction work;

(ii)      each class room should have two doors for easy evacuation and adequate openings for ventilation and lighting;

(iii)     all types of furnitures such as almirahs, shelves, black boards, ceiling fan etc., that may likely to fall and cause injury to the pupils and the teachers need to be secured to the walls or floors;

(iv)    any derelict or unused building materials, rubbles, waste materials etc., should be removed immediately;

(v)      emergency equipments such as fire extinguishers, First Aid kits, ropes etc., should be procured and maintained properly by the school authorities;

(vi)    the existing schools located in a vulnerable location should either be relocated to a safer site or should be provided with adequate support to mitigate the effect of any natural hazards that may affect the area.

(2)     Every educational agency shall in addition to the norms specified in sub-rule (1) above ensure that the safety and security norms issued under the following Acts or Rules or Code or guidelines are followed by every private school or the teacher training institute scrupulously:-

(a)      the safety standards as per the National Building Code, 2005;

(b)      the Manual on Safety and Security of the children in schools developed by the National Commission for Protection of Child Rights;

(c)      the child safety policy evolved by the National Centre of Early Childhood Education (NCECE);

(d)      the guidelines issued by the National Disaster Management Authority to protect the children from the natural and man-made hazards like flood, fire, stampede etc;

(e)      the safety measures enumerated in the Model Education Code prepared by the National Institute for Educational Planning and Administration;

(f)       the guidelines issued by the Department of School Education and Literacy, Ministry of Education (MoE), Government of India;

(g)      the Motor Vehicles Act, 1988 (Central Act 59 of 1988 ) and the Tamil Nadu Motor Vehicles (Regulation and Control of School Buses) Special Rules, 2012;

(h)     the Tamil Nadu Urban Local Bodies (Regulation and Monitoring of Swimming Pools) Rules, 2015;

(i)       the Tamil Nadu Combined Development and Building Rules, 2019;

(j)       the Protection of Children from Sexual Offences Act, 2012 (Central Act 32 of 2012);

(k)      the Tamil Nadu Prohibition of Ragging Act, 1997 (Tamil Nadu Act 7 of 1997) and the Tamil Nadu Prohibition of Ragging Rules, 1999; and

(l)       the guidelines issued by the Government from time to time.

Rule - 39. Conferment of Minority Status

Any educational agency of a private school which claims minority status based on religion or language to a private school which has already been established and is being administered by such minority, shall apply to the Directorate of Minorities Welfare as per the norms specified by the Government in G.O.Ms.No.109, Backward Classes, Most Backward Classes and Minorities Welfare Department, dated 29.12.2022.

Rule - 40. Transaction in property of a private school

(1)     No immovable property of a private school shall be transferred without obtaining prior permission of the competent authority which has granted the certificate of recognition.

(2)     Movable properties shall be sold only through public auction preceded by wide publicity. Records of such public auction shall be duly maintained and submitted for inspection, whenever required. The sale proceeds shall be duly credited into the school accounts.

Rule - 41. Parent Teacher Association

(A)     Composition of the Parent Teacher Association.-

(1)     Every private school shall form a Parent Teacher Association (PTA) at school level.

(2)     The term of the members of the PTA shall be three years or till the wards of the parents who are the members of the PTA leave the school, whichever is earlier.

(3)     The Secretary of the PTA who is the Head Master or the Principal, District Institute of Education and Training shall be the convener of the PTA

(4)     Only the parent or the guardian of the pupils studying in the school shall be elected as the office bearers of the PTA.

(B)     The Functions of the Parent Teacher Association.-

(1)     The PTA shall follow the guidelines or byelaws issued by the State Parent Teacher Association, from time to time. The PTA shall also perform the following functions with reference to the safety and security of the pupils in school as prescribed by the Government of India, Ministry of Human Resource Development, Department of School Education and Literacy, namely:-

(a)      conduct periodical meetings atleast once in a month and the minutes or the discussions of the meeting shall be properly recorded and made available to the Head Master to host in the school website and notice board for the information of the parents;

(b)      receive suggestions from the parents or the guardians on the safety measures;

(c)      carryout inspection of the school using checklist provided in the National Commission for Protection of Child Rights (NCPCR) Manual and suggest appropriate measures;

(d)      constitute Anti-bullying Committee in the school, comprising of Vice Principal, a Senior teacher, School Doctor, Counsellor, representative of the School Management Committee or the Parent Teacher Association, Legal representative, Peer Educators etc;

(e)      discuss the decisions taken in the meeting by the Anti-Bullying Committee and the Grievance Committee for Child Sexual Abuse (CSA);

(f)       develop bullying prevention programmes and create awareness;

(g)      analyze and identify the current safety and security measures within the schooling system and rectify the same; and

(h)     perform any other function as notified or prescribed by the State Government, Central Government, affiliating body or by the competent authority, from time to time.

(2)     The Secretary of the school committee or the management of the school shall be made responsible for compliance of the manual which shall be discussed in the review meetings.

(3)     In case of sexual offence against the pupils in the school premises or the school transport during school hours or after or before it, and the school committee or the management of the school fails to report the commission of the offence under sub-section (1) of section 19 of the Protection of Children from Sexual Offences Act, 2012,(Central Act 32 of 2012), action against the school committee or the management of the school may be taken under the said Act.

Rule - 42. Registers and records to be maintained

Every private school shall maintain such registers and records, as specified in Annexure-VII.

 

APPENDIX

FORM I – A

[see rule 5(1)]

APPLICATION FOR PERMISSION TO ESTABLISH A SELF FINANCING PRIVATE SCHOOL

DECLARATION

I declare that the particulars furnished above are true to the best of my knowledge and belief.

I also declare that I will abide by the provisions of the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019), the rules made thereunder and instructions of the department from time to time.

Place: Signature of the person duly authorized

Date : by the educational agency

FORM I – B

[see rule 5(2)]

APPLICATION FOR UPGRADATION OF AN EXISTING SCHOOL

DECLARATION

I declare that the particulars furnished above are true to the best of my knowledge and belief.

I also declare that I will abide by the provisions of the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019), the rules made thereunder and instructions of the department from time to time.

Place: Signature of the person duly authorized

Date : by the educational agency

 

FORM I – C

[see rule 5(2)]

APPLICATION FOR SHIFTING AN EXISTING SCHOOL FROM ONE PLACE TO ANOTHER PLACE

DECLARATION

I declare that the particulars furnished above are true to the best of my knowledge and belief.

I also declare that I will abide by the provisions of the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019), the rules made thereunder and instructions of the department from time to time.

Place: Signature of the person duly authorized

Date : by the educational agency

 

FORM I – D

[see rule 5(2)]

APPLICATION FOR MERGER OF SCHOOLS

DECLARATION

I declare that the particulars furnished above are true to the best of my knowledge and belief.

I also declare that I will abide by the provisions of the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019), the rules made thereunder and instructions of the department from time to time.

Place: Signature of the person duly authorized

Date : by the educational agency

FORM I – E

[see rule 5(2)]

APPLICATION FOR BIFURCATION OF AN EXISTING SCHOOL

DECLARATION

I declare that the particulars furnished above are true to the best of my knowledge and belief.

I also declare that I will abide by the provisions of the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019), the rules made thereunder and instructions of the department from time to time.

Place: Signature of the person duly authorized

Date : by the educational agency

FORM I – F

[see rule 13(1)]

APPLICATION FOR OPENING ADDITIONAL SECTION(S) OR INTRODUCING NEW GROUP(S) / MEDIUM OF INSTRUCTION IN AN EXISTING SCHOOL

DECLARATION

I declare that the particulars furnished above are true to the best of my knowledge and belief.

I also declare that I will abide by the provisions of the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019), the rules made thereunder and instructions of the department from time to time.

Place: Signature of the person duly authorized

Date : by the educational agency

FORM II – A

[see rule 8(1)]

APPLICATION FOR GRANT OF CERTIFICATE OF RECOGNITION

DECLARATION

I declare that the particulars furnished above are true to the best of my knowledge and belief.

I also declare that I will abide by the provisions of the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019), the rules made thereunder and instructions of the department from time to time.

Place: Signature of the person duly authorized

Date : by the educational agency

FORM II – B

[see rule 9(1)]

APPLICATION FOR RENEWAL OF CERTIFICATE OF RECOGNITION

DECLARATION

I declare that the particulars furnished above are true to the best of my knowledge and belief.

I also declare that I will abide by the provisions of the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019), the rules made thereunder and instructions of the department from time to time.

Place: Signature of the person duly authorized

Date : by the educational agency

 

FORM III – A

[see rule 8(7)]

CERTIFICATE OF RECOGNITION

Proceeding No..................... (Competent Authority) dated .....................

Sub.: School Education - Private Schools - Grant of certificate of recognition under rule 8 of the Tamil Nadu Private Schools (Regulation) Rules, 2022 - Regarding.

Ref.: 1.Application dated ..................... from the Secretary ..................... (School) for grant of certificate of recognition.

2.Letter Rc. No __________ dated _______ of the Inspecting Officer

****

(1)     The application received from the Secretary of ..................... (School) for the grant of certificate of recognition for standards from..................... to ..................... has been considered along with the documents and site visit report. The competent authority having been satisfied that the educational agency has fulfilled the conditions prescribed for the grant of certificate of recognition, hereby grants the certificate of recognition to the above said school for standards from.....................to ..................... for the period from ..................... to .....................

(2)     The above recognition is subject to the following conditions:-

(i)       the educational agency shall always keep the Structural Stability Certificate, Building Licence, Sanitary Certificate, No Objection Certificate issued by the Fire and Rescue Services department duly renewed and has validity currently;

(ii)      the educational agency shall abide by the provisions contained in the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019) and the rules framed thereunder;

(iii)     the educational agency shall abide by all the orders and instructions issued by the authorities concerned from time to time;

(iv)    the educational agency shall abide by the provisions contained in the Tamil Nadu Tamil Learning Act, 2006 (Tamil Nadu Act 13 of 2006) and the rules framed thereunder;

(v)      the educational agency shall abide by the provisions contained in the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 (Tamil Nadu Act 22 of 2009) and the rules framed thereunder;

(vi)    the educational agency shall abide by the provisions contained in the Right of Children to Free and Compulsory Education Act, 2009 (Central Act 35 of 2009) and the Tamil Nadu Right of Children to Free and Compulsory Education Rules, 2011.

(3)     If it is found at any point of time that the educational agency has violated any of the conditions prescribed for recognition or any of the provisions of the above said Acts and Rules, the certificate of recognition granted shall be liable to be withdrawn permanently.

(4)     #The competent authority also affiliates the above said school to the State Board of School Education

NB #applicable only to the schools following the State Board of School Education syllabus

(5)     The receipt of the proceedings shall be acknowledged.

Signature and designation of the competent authority

To

The Secretary,

.....................School

Copy to

The Inspecting Officer

 

FORM III-B

[see rule 9]

RENEWAL OF CERTIFICATE OF RECOGNITION

Proceeding No ..................... (Competent Authority) dated .....................

Sub.: School Education - Private Schools - Renewal of certificate of recognition under rule 9 of the Tamil Nadu Private Schools (Regulation) Rules, 2022 - Regarding.

Ref.: 1.Application dated..................... from the Secretary..................... (School) for renewal of certificate of recognition.

2.Letter Rc. No __________ dated _______ of the Inspecting Officer

***

(1)     The application received from the Secretary of ..................... (School) for the renewal of certificate of recognition for standards from..................... to ..................... has been considered along with the documents and site visit report. The competent authority having been satisfied that the educational agency has fulfilled all the conditions prescribed for the renewal of certificate of recognition hereby renews the certificate of recognition to the above said school for **standards from.....................to .....................for the period from ..................... to .....................

(2)     The renewal of certificate of recognition is subject to the following conditions:-

(i)       the educational agency shall always keep the Structural Stability Certificate, Building Licence, Sanitary Certificate, No Objection Certificate issued by the Fire and Rescue Services department duly renewed and has validity currently;

(ii)      the educational agency shall abide by the provisions contained in the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019) and the rules framed thereunder;

(iii)     the educational agency shall abide by all the orders and instructions issued by the authorities concerned from time to time;

(iv)    the educational agency shall abide by the provisions contained in the Tamil Nadu Tamil Learning Act, 2006 (Tamil Nadu Act 13 of 2006) and the rules framed thereunder;

(v)      the educational agency shall abide by the provisions contained in the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 (Tamil Nadu Act 22 of 2009) and the rules framed thereunder;

(vi)    the educational agency shall abide by the provisions contained in the Right of Children to Free and Compulsory Education Act, 2009 (Central Act 35 of 2009) and the Tamil Nadu Right of Children to Free and Compulsory Education Rules, 2011.

(3)     If it is found at any point of time that the educational agency has violated any of the conditions prescribed for recognition or any of the provisions of the above said Acts and Rules, the certificate of recognition granted is liable to be withdrawn.

NB **(in the case of aided school , the standard / section / group receiving aid shall be specifically mentioned)

(4)     The receipt of the proceedings shall be acknowledged.

Signature and designation of the competent authority

To

The Secretary,

.....................School

Copy to

The Inspecting Offcier

FORM IV

[see rule 16(2)]

NOTICE BY THE EDUCATIONAL AGENCY FOR CLOSURE OF SCHOOL /CLASS / COURSE / MEDIUM OF INSTRUCTION.

NB * - Applicable only for aided schools

 

DECLARATION

I declare that the particulars furnished above are true to the best of my knowledge and belief.

I also declare that I will abide by the provisions of the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019), the rules made thereunder and instructions of the department from time to time.

Place: Signature of the person duly authorized

Date : by the educational agency

 

FORM V

[see rule 37(2)]

APPLICATION FOR APPROVAL OF TRANSFER OF MANAGEMENT OF THE SCHOOL

 

DECLARATION

I declare that the particulars furnished above are true to the best of my knowledge and belief.

I also declare that I will abide by the provisions of the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019), the rules made there under and instructions of the department from time to time.

Place:

Date :

Signature of the person

duly authorised by the

transferor educational agency

Signature of the person

duly authorised by the

transferee educational agency

FORM VI-A

[see rule 28(7)]

AGREEMENT TO BE EXECUTED BETWEEN THE SCHOOL COMMITTEE AND THE PERMANENT STAFF

Agreement made this ________________day of ___________ (month) Two Thousand ______________ between the School Committee _________(school) on the ONE PART and ___________ (employee) on the OTHER PART.

WHEREAS the school committee has agreed to appoint the said Thiru/Thirumathi/Selvi _______________to serve in the _____________(school), in the post of ___________________(designation) with the pay and allowances herein after mentioned.

AND WHEREAS, the said Thiru / Thirumathi / Selvi __________ has agreed to take up appointment as ______________ (designation) in the _________________ (school).

Now these presents witness and the parties hereto do hereby agree as follows:-

(1)     That the school committee shall employ the said Thiru/Thirumathi/Selvi ___________ as _____________ (designation) and the said employee shall serve in the __________(school) from the date of his taking charge of such appointment until such employment is determined as hereinafter provided.

(2)     That the said employee shall be on probation for a period of two years within a continuous period of three years from the date on which he joins duty. The school committee may however extend the period of probation for a further period, in any case not exceeding two years, for reasons to be recorded in writing.

(3)     If no orders extending the period of probation are passed within six months after the completion of the period of probation, the said employee shall be deemed to have completed his probation.

(4)     That the said employee shall conduct himself honestly, efficiently and diligently under the orders and instructions of the Head Master or the school committee.

(5)     That the said employee shall not normally or on any pretence absent himself from duty without the prior permission of the Head Master. In case of sickness or other inevitable genuine causes, he shall forward the medical certificate obtained from the registered medical practitioner or send a communication to the Head Master explaining the reason for his absence.

(6)     That the said employee shall devote his whole time to the duties cast upon the post and shall not on his own account or otherwise either directly or indirectly carry on or be concerned with any trade, business or canvassing work, private tuition or the like of a remunerative kind.

(7)     That the said employee and the school committee shall conform to all the provisions of the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019) and the rules made thereunder.

(8)     That the school committee shall not impose any major penalty on the employee consequent on any disciplinary proceedings initiated against him under rule 28 without following the procedure contemplated therein.

(9)     The school committee shall at any time if it is satisfied on medical evidence that the said employee is unfit to discharge his duties for reasons of ill health, terminate his services on paying him three months pay and allowances less any amount which might have been paid to him as leave pay, after his discharge from duty.

(10)   That the said employee shall be entitled to resign by giving three months notice thereof in writing to the school committee or by paying the school committee three months pay and allowances in lieu thereof. In case of a probationer, the period of notice or the pay and allowances in lieu thereof shall be two months

(11)   That the school committee may impose any of the penalties prescribed in sub-rule (1) of rule 28 for any irregularity or breach of the Code of Conduct after affording him an opportunity of making a representation.

(12)   Entries shall be made in the service register of the said employee in respect of penalties imposed. Such entries shall be made only after the appeal, if any, preferred by the said employee is disposed of by the appellate authority specified in these rules.

(13)   That the said employee appointed against a sanctioned post shall be paid a sum of Rs.________ per month as grant and the other admissible allowances as sanctioned by the Government from time to time, with effect from _______________

(14)   Such employee shall also be entitled to annual increments as sanctioned by the Government from time to time.

In witness whereof the school committee and __________ (employee) have hereunto set their hands.

Signature of the Secretary of the school committee

In the presence of :

First Witness:

Signature ___________

Name ______________

Address ____________

Occupation ___________

Second Witness:-

Signature ___________

Name ______________

Address ____________

Occupation ___________

Signature of the staff

In the presence of:

First Witness:

Signature ___________

Name ______________

Address ____________

Occupation ___________

Second Witness:-

Signature ___________

Name ______________

Address ____________

Occupation ___________

FORM VI-B

[see rule 28(7)]

AGREEMENT TO BE EXECUTED BETWEEN THE SCHOOL COMMITTEE AND THE TEMPORARY STAFF

Agreement made this ______________ day of ___________ (month) Two Thousand and _____________ between the school committee __________ (school) on the ONE PART and ___________ (employee) on the OTHER PART;

WHEREAS, the school committee has agreed to engage the said Thiru / Thirumathi / Selvi __________ to serve in the ___________ (school) in the post of __________ (designation)purely on temporary basis for the period from .................. to .................. with the pay and allowances hereinafter mentioned.

AND WHEREAS, the said Thiru / Thirumathi / Selvi __________ has agreed to serve as ______________(designation) in the _____________ (School).

Now these presents witness and the parties hereto do hereby agree as follows:-

(1)     That the school committee shall engage the said Thiru / Thirumathi / Selvi__________as________________ (Designation) and the said employee shall serve in __________(school) purely on temporary basis from the date of his taking charge as __________(Designation) on _____________ until such appointment is determined as hereinafter provided.

(2)     That the said employee shall conduct himself honestly, efficiently and diligently under the orders and instructions of the Head Master or the school committee.

(3)     That the said employee shall not normally or on any pretence absent himself from duty without the prior permission of the Head Master. In case of sickness or other inevitable genuine causes, he shall produce the medical certificate obtained from the registered medical practitioner or send a communication to the Head Master explaining the reason for his absence.

(4)     That the said employee shall devote his whole time to the duties cast upon the post and shall not on his own account or otherwise either directly or indirectly carry on or be concerned with in any trade, business or canvassing work, private tuition or the like of a remunerative kind.

(5)     That the school committee shall have the right to discharge the said employee either at the end of the period for which he has been engaged or even prior to the end of that period without assigning any reason.

(6)     That the said employee, if he so desires may relinquish his right to continue in the said post either within the period for which he was engaged or at the end of the period of employment, if the period of employment is extended further for valid reason.

(7)     That the said employee shall be paid a sum of Rs. ________ per month as pay and other allowances with effect from the date on which he joins the post.

In witness whereof, the school committee ______ and ______ (name of the staff) have hereunto set their hands.

In the presence of:

Signature of the Secretary

of the school committee of the school.

First Witness:

Signature ___________

Name ______________

Address ____________

Occupation ___________

Second Witness:-

Signature ___________

Name ______________

Address ____________

Occupation ___________

In the presence of: Signature of the staff

First Witness:

Signature ___________

Name ______________

Address ____________

Occupation ___________

Second Witness:-

Signature ___________

Name ______________

Address ____________

Occupation __________

 

ANNEXURE I – A

[see rule - 2(b) and 2(f)]

LIST OF COMPETENT AUTHORITIES AND APPELLATE AUTHORITIES FOR AIDED SCHOOLS / TEACHER TRAINING INSTITUTES

N.B: In respect of matters where no appeal provision has been provided in the rules, the next higher authority to the authority who had issued the original orders shall be the appellate authority.

 

ANNEXURE 1- B

[see rule 2(b) and 2(f)]

LIST OF COMPETENT AUTHORITIES AND APPELLATE AUTHORITIES FOR SELF-FINANCING SCHOOLS / TEACHER TRAINING INSTITUTES

N.B: In respect of matters where no appeal provision has been provided in the rules, the next higher authority to the authority who had issued the original orders shall be the appellate authority.

 

ANNEXURE II

[see rule 8(6) (a)]

MINIMUM LAND REQUIREMENT

For play school and pre-primary school 1 ground and for Nursery & Primary school 3 grounds irrespective of the location of the school.

For Private Middle, High and Higher Secondary Schools

TABLE.

 

The above extent of land shall be contiguous, single plot of land.

Provided that school shall provide a minimum of 10 sq. ft. per pupil and 40 sq. ft. for a teacher in a classroom.

Provided that a maximum of 15 pupils shall be accommodated in a classroom for pre-kindergarten classes, 30 pupils in classes from kindergarten to 5th standard, 35 pupils in classes from 6th to 8th standard and 40 pupils in classes from 9th to 12th standard.

 

ANNEXURE III

 

[see rule 8(6)(a)]

INFRASTRUCTURE

(A)     Class Rooms

(i)       Minimum area should be 400 sq.ft;

(ii)      There should be one room for each class;

(iii)     Minimum floor space should be at least 10 sq.ft. per pupil and 40 sq.ft for a teacher in a class room.

(B)     Science Laboratory

(i)       Minimum area of composite laboratory for High School should be 400sq.ft;

(ii)      Minimum area of Physics, Chemistry and Biology laboratory for Higher Secondary School should be each 400 sq.ft and should be fully equipped.

(C)     Library

Minimum area should be 400 sq.ft and fully equipped with reading room facility and other resources to cater to the strength of the pupils in the school.

The library should have books, maps, geographical models, teaching aids, audio and video cassettes besides journals and dailies. A High School library should have a minimum of 1500 books and a Higher Secondary School should have a minimum of 3000 books.

(D)     Computer Laboratory

(i)       Minimum area of computer laboratory should be 400 sq.ft;

(ii)      The school should have internet connectivity with good speed;

(iii)     There should be a minimum of one laboratory if the strength of the pupils is upto 800 and one more laboratory should be provided for every additional strength of the pupils over and above 800 upto the next 800 and so on.

If the school is offering any subject related to Computer Science or Information Technology at Higher Secondary level, it should have a separate laboratory with adequate provisions for the same;

(iv)    There should be computer laboratory for Middle, High and Higher Secondary School.

(E)     Room for extracurricular activities.

One multipurpose hall with a minimum of 400 sq.ft area should be provided for the extracurricular activities.

(F)      Playground

Adequate space for playground shall be provided as part of the school campus and if enough space is not available the school committee or the school management, as the case may be, shall make adequate arrangements for taking the pupils to an adjoining Corporation or Municipal or Village Panchayat area or park or playground for outdoor games and other physical activities keeping in mind the safety of the pupils.

(G)     Drinking Water, Toilets and other Physical Facilities.

(i)       The school should provide adequate facilities for potable drinking water in each floor;

(ii)      The school should provide clean, healthy and hygienic toilets in each floor with washing facilities for boys and girls separately in the ratio of one toilet for every 50 children, one urinal for every 20 children, one hand wash tap for every 20 children and one drinking water tap for every 20 children;

(iii)     The toilets for the primary level pupils should be separate from other toilets;

(iv)    Separate toilets for boys and girls should be provided;

(v)      There should be separate toilets for staff members;

(vi)    Signage Boards should be displayed prominently;

(vii)   The school should provide proper facilities like ramps in toilets and at every entry or exit point for wheelchair users;

(viii)  The school should provide auditory signals in elevators or lifts in accordance with the provisions laid down in the Rights of Persons with Disabilities Act, 2016 (Central Act 49 of 2016);

(ix)    The school should have adequate furniture in the class rooms proportionate to the strength of the pupils and the staff;

(x)      The school should have adequate equipments and facilities as per the syllabus prescribed for Science, Home Science and Technical subjects, Vocational subjects and various activities under Work Experience and Art Education etc;

(xi)    The school should have adequate facilities,-

(a)      for providing recreation activities and physical education;

(b)      for conducting various activities and programs for educational, social, cultural and moral development of the pupils; and

(c)      for safeguarding the health of the pupils.

 

ANNEXURE IV-A

[see rule 28(4)(b)]

(A)     MINIMUM QUALIFICATIONS FOR THE TEACHING STAFF OF PRIVATE SCHOOL

N.B: In so far as Play School is concerned, that teacher shall have the Minimum Educational Qualification of plus two from a recognised institution, with Diploma in D.T.Ed / D.E.Ed / or B.Ed or Certificate from any recognised institution on dynamics of Child behaviour or connected discipline.

(B)     MINIMUM QUALIFICATIONS FOR THE TEACHING STAFF OF TEACHER TRAINING INSTITUTE

 

ANNEXURE IV-B

[see rule 28(4)(a) and (b)]

(A)     MINIMUM QUALIFICATIONS FOR THE NON-TEACHING STAFF OF AIDED PRIVATE SCHOOL

 

(B)     MINIMUM QUALIFICATIONS FOR THE NON TEACHING STAFF OF AIDED TEACHER TRAINING INSTITUTE

 

ANNEXURE-V

[see rule 28(5)]

METHOD OF APPOINTMENTS - AIDED PRIVATE SCHOOLS

NB:

In so for as Teacher Training Institute is concerned, the post of watchman shall be filled up through outsourcing and salary shall be paid by the management.

 

ANNEXURE – VI

[See rule 33(3)]

PAYMENT OF GRANT

(1)     The grants payable to the aided private school are as follows:-

(a)      Staff Grant.- The educational agency of every aided private High and Higher Secondary School shall be paid full grant towards the entire approved expenditure on pay and other allowances of the staff including the contingent staff.

(b)      Teaching Grant.-

(i)       The educational agency of every aided private Pre-Primary, Primary, Middle School shall be paid full grant towards the entire approved expenditure on pay and other allowances of the staff including the contingent staff;

(ii)      The Teacher Training Institute shall be paid such teaching grant which shall be assessed on the basis of two-thirds of the net approved expenditure on pay to the staff, rent, taxes, repair and contingencies and half of the expenditure on Dearness Allowance, City Compensatory Allowance and House Rent Allowance;

(iii)     The Anglo-Indian Schools shall be paid teaching grant. Such grant shall be assessed on the basis of the approved expenditure on pay and allowances to the staff, rent, taxes, repairs and contingencies after deducting the actual income by way of collection of fees.

(c)      Maintenance Grant.- The maintenance grant shall be paid to the Pre-Primary, Primary and Middle Schools at such percentage of the teaching grant as may be fixed by the Government from time to time.

(2)     Procedure for sanction of teaching grant and staff grant in aided private Schools or Teacher Training Institutes.-

(a)      Pre-Primary Schools.- The Pre-Primary Schools shall be paid teaching grant. The Secretary of the school committee shall submit yearly statement containing the details of teachers, their pay and allowances which is audited by the departmental audit authority to the District Educational Officer (Elementary) through the Block Educational Officer concerned. The grant to be paid shall be assessed by the District Educational Officer (Elementary) concerned on the basis of the Audit report. The Director of Elementary Education shall allocate the funds to the respective District Educational Officer (Elementary) from the budgetary allocation to the Directorate for this purpose. The District Educational Officer (Elementary) shall reallocate the funds to the Block Educational Officer. The Block Educational Officer shall sanction teaching grant to the schools at the end of the financial year through the Treasury officer concerned;

(b)      Primary and Middle Schools.- The Secretary of the school committee shall submit a monthly statement containing the details of teachers and other non-teaching staff, their pay and allowances, etc., to the Block Educational Officer.

The Block Educational Officer, after scrutiny of the statement, shall release the teaching grant to the school, marking a copy of the sanction order to the Secretary of the school committee and to the Treasury Officer. At the end of the calendar year, the District Educational Officer (Elementary) shall convene a meeting of all Block Educational Officers and verify whether the teaching grant hitherto released by the Block Educational Officer is in accordance with the instructions issued by the Government and after verification, assess the final teaching grant for each school. Any excess or shortfall in the payment of grant shall be made good before releasing the final teaching grant along with the maintenance grant;

(c)      High and Higher Secondary Schools.- The Secretary of the school committee of the High and Higher Secondary Schools shall apply for release of staff grant before the 20th day of every month to the District Educational Officer (Secondary). The application shall be accompanied by a detailed statement showing the staff employed in the school and their attendance. The statement shall be signed by both the Headmaster and the Secretary or management of the school. Based on the statement furnished by the Secretary of the school committee, the District Educational Officer (Secondary) shall sanction the staff grant in the specified bill form, before the 25thday of every month and release the grant to the concerned school through the Treasury officer concerned;

(d)      Anglo Indian Schools.- The teaching grant shall be assessed on the basis of the approved expenditure on pay and allowances to the staff, rent, taxes, repairs and contingencies after deducting the actual income by way of collection of fee from the students. The yearly financial statement of the schools shall be audited by the Financial Adviser and Chief Accounts Officer of the Directorate of School Education. The audit authorities shall submit the audit report to the Joint Director (Higher Secondary) for sanction of teaching grant. The Joint Director (Higher Secondary) shall sanction the teaching grant to each and every school from the budgetary allocation made for this purpose. Based on the sanction order, the District Educational Officer (Elementary) of Chennai district will release the grant to the concerned schools through the Treasury Officer of the concerned District;

(e)      Teacher Training Institute.- The Secretary of the school committee shall submit a financial statement every year to the Director, State Council of Education Research and Training through the Principal, the District Institute of Educational and Training. The auditors of the department will verify and certify as to the correctness of the statement. After verification, the teaching grant will be sanctioned once in a year to the Teacher Training Institute.

The sanctioning authority shall be the Director, State Council of Education Research and Training.

(3)     Before releasing the teaching grant or the staff grant, the Block Educational Officer or the concerned District Educational Officer or the Director, State Council of Education Research and Training will verify and satisfy himself as to whether the appointments made by the school committee are in accordance with these rules and the Government orders in force and whether sanction of grant has been accorded by the competent authority.

 

ANNEXURE-VII

[see rule 42]

LIST OF REGISTERS AND RECORDS TO BE MAINTAINED IN THE PRIVATE SCHOOLS / TEACHER TRAINING INSTITUTES

          (I)            All Schools / Teacher Training Institutes (Aided and Unaided)

(1)     Register of admissions and withdrawals

(2)     Attendance register of the pupils

(3)     Attendance register of Teaching & Non-teaching staff

(4)     Medical inspection register

(5)     Acquittance register - Teaching & Non-teaching staff

(6)     Leave Register

(7)     Stock register

(8)     Inspection Book

(9)     Visitors Book

(10)   Consolidated time table

(11)   Consolidated mark register

(12)   Register of differently abled children

(13)   Hand book of school statistics

(14)   Counterfoils of Transfer Certificates issued

(15)   Receipt book

(16)   Register of admission made following the rule of reservation(HSS only)

(17)   Cash book

(18)   Ledger

(19)   Log Book

(20)   Register for Parent Teacher Association

(21)   Register for Circulars

(22)   Register for Training attended by the teacher

(23)   Register for Scouts, Guides, NSS, NCC and other club activities.

(24)   Issue Register

(25)   Movement Register

(26)   Minutes book of the school committee

(27)   Service Records of Teaching and Non Teaching staff

(28)   Register showing issue of Certificate of Recognition

         (II)            In addition, the schools or Teacher Training Institutes shall maintain the following records.

(a)      Aided Schools or Teacher Training Institutes

(1)     Scale register

(2)     Census register (School age pupils)

(3)     Register of scholarship and acquittance

(4)     Register of Welfare Schemes for the pupils

(5)     Register showing the Roster followed in the appointments

(b)      Unaided Schools

(1)     Register pertaining to the admission of the pupils made under 25% quota as per section 12 (1) (c) of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act 35 of 2009) and the rules made thereunder and Re-imbursement claim Register.

(2)     Fee collection register.

       (III)            Teacher Training Institute (Aided and Un aided)

Fee Collection Register

       (IV)            Anglo Indian Schools

Fee Collection Register

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Tamil Nadu Private Schools (Regulation) Rules, 2023

 

[13th January 2023]

In exercise of the powers conferred by section 57 of the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019), the Governor of Tamil Nadu hereby makes the following Rules:-

Rule - 1. Short title and commencement

These rules may be called the Tamil Nadu Private Schools (Regulation) Rules, 2023.

Rule - 2. Definitions

(1)     In these rules, unless the context otherwise requires,-

(a)      "Act" means the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019);

(b)      "Appellate Authority" means the appellate authority as specified in Annexure I-A in respect of aided schools and Annexure I-B in respect of self financing schools;

(c)      "Block Educational Officer" means an officer of the School Education Department working at Block level;

(d)      "Board" means and includes the respective Board of Examination or Education which approves the courses of study and prepares the pupils for admission to the Boards examination;

(e)      "Chief Educational Officer" means an officer who heads the School Education Department in the Revenue district ;

(f)       "Competent Authority" means the competent authority as specified in Annexure I-A in respect of aided schools and Annexure I-B in respect of self financing schools or as may be specified by the Government from time to time;

(g)      "District Educational Officer" means an officer, by whatever name called, who heads the School Education Department in the Educational district;

(h)     "Form" means a Form appended to these rules;

(i)       "Head Master" means the Head Teacher or the Principal, by whatever name called and includes a person who is incharge of the school;

(j)       "Teacher" means a person possessing the minimum qualifications as prescribed in Annexure IV - A and employed in a private school for the purpose of imparting education to the pupils and includes the HeadMaster.

(2)     The words and expressions used but not defined in these rules shall have the same meaning assigned to them in the Act.

Rule - 3. Stages of education

The following shall be the stages of education in the following categories of schools, namely:-

(a)      "Play School": includes Kids school, Pre-Primary, Nursery, Kindergarten and Montessori school, by whatever name called;

(b)      "Nursery and Primary School": from standards LKG to V;

(c)      "Primary School": from standards I to V;

(d)      "Middle School": from standards LKG to VIII or from standards I to VIII or from standards VI to VIII;

(e)      "High School": from standards LKG to X or from standards I to X or from standards VI to X;

(f)       "Higher Secondary School": from standards LKG to XII or from standards I to XII or from standards VI to XII.

Rule - 4. Merger or upgradation of private schools

No merger of private schools affiliated to different Boards or change of Board on upgradation of a school is permissible.

Rule - 5. Application for permission

(1)     Every application for permission to establish a self financing private school shall be submitted in Form I-A by an educational agency to the competent authority.

(2)     Every application for permission to upgrade or shift or merge or bifurcate an existing private school shall be submitted in Form I-B, Form I-C, Form I-D and Form I-E respectively to the competent authority six months prior to the commencement of the academic year.

(3)     Every application under sub-rule (1) or (2) shall be accompanied by proof of remittance of fee of Rs.10,000/- (Rupees Ten thousand only) or as may be specified by the Government from time to time.

Rule - 6. Grant of permission

On receipt of an application under rule 5, the competent authority shall, on verification of the particulars and the documents furnished, pass an order either granting or refusing to grant permission, within a period of three months from the date of receipt of the application:

Provided that no order refusing to grant permission shall be passed unless the applicant has been given an opportunity of making a representation.

Rule - 7. Appeal against order of refusal of permission

(1)     An appeal against the order of the competent authority refusing to grant permission shall be made to the appellate authority within a period of thirty days from the date of receipt of that order.

(2)     The appellate authority shall call for the records from the competent authority and dispose of the appeal on merits within a period of two months from the date of receipt of the appeal.

Rule - 8. Grant of certificate of recognition

(1)     Every application for grant of certificate of recognition shall be submitted in Form II-A by the educational agency to the competent authority accompanied by proof of remittance of the fee as specified in sub-rule (5) and the documents relating to the norms specified in sub-rule (6).

(2)     The application for grant of certificate of recognition shall be submitted to the competent authority at least six months prior to the commencement of the academic year in which it is proposed to commence the process of admission of the pupils.

(3)     No application for grant of certificate of recognition shall be submitted after a lapse of three years from the date of receipt of the order granting permission under rule 6.

(4)     If an application for grant of certificate of recognition is submitted after a lapse of three years, the permission granted under rule 6 shall be deemed to have lapsed on and from the date of expiry of the said period of three years.

(5)     The fee to be paid for every application for grant of certificate of recognition shall be Rs.5,000/- (Rupees Five thousand only) for Play School, Nursery and Primary School and Primary School and Rs. 10,000/- (Rupees Ten thousand only) for Middle, High and Higher Secondary School or as may be specified by the Government from time to time.

(6)     For the purpose of grant of certificate of recognition, the educational agency shall fulfil the following conditions, namely:-

(a)      shall possess a contiguous single plot of land of not less than the requirement as specified in Annexure II, together with the infrastructure as specified in Annexure III;

(b)      the required land shall be surrounded on all sides by a boundary wall;

(c)      the land shall be owned or held in lease by the educational agency, by a valid registered document;

(d)      if the land is held in lease, the lease deed shall be for a period of not less than fifteen years:

Provided that the lease deed executed by the Government may be for a period of not less than five years;

(e)      shall furnish the following Certificates, namely:-

(i)       Structural Stability Certificate from the competent authority in Public Works Department or from the Private Engineers (in the panel of Registered Engineers maintained by the District Collectors) in accordance with the Tamil Nadu Public Building (Licensing) Act, 1965 (Tamil Nadu Act XIII of 1965);

(ii)      Building Licence issued by the competent authority under the Tamil Nadu Public Building (Licensing) Act, 1965 (Tamil Nadu Act XIII of 1965);

(iii)     Sanitary Certificate issued by the Local Health Authorities;

(iv)    N o Objection Certificate from the Station Officer, Fire and Rescue Services Department;

(f)       shall create and maintain a minimum endowment in the name of the school, to the extent of the amount specified below or as may be specified by the Government from time to time, in the form of fixed deposits in any nationalized bank or in any Government authorized agency or undertaking for a period of not less than seven years:

The Table.

Provided that in respect of a private school in existence on the date of publication of these rules in the Tamil Nadu Government Gazette the endowment shall be created within a period of six months from the said date;

(g)      shall deposit in any nationalized bank in the name of the private school, a sum equivalent to one months salary of the staff employed in such school, as a cash reserve of that school, which may be drawn for the disbursement of the salary to the staff, on the due date without any hassle;

(h)     shall certify,-

(i)       that the teaching staff to be appointed possess the qualifications as prescribed in Annexure IV - A;

(ii)      that the norms for safety and security of the pupils as prescribed in the Act, Rules, Code, guidelines etc., specified in rule 37 are fulfilled.

(iii)     that no child has been admitted without obtaining certificate of recognition.

(7)     On receipt of the application under sub-rule (1), the competent authority shall, on verification of the particulars and the documents furnished, pass an order either granting certificate of recognition in Form III-A or refusing to grant recognition, within a period of three months from the date of receipt of the application and communicate the same to the educational agency:

Provided that no order refusing to grant recognition shall be passed unless the applicant has been given an opportunity of making a representation.

(8)     The certificate of recognition shall be issued for the period specified in the structural stability certificate or the building licence whichever is earlier:

Provided that the private schools in existence on the date of publication of these rules in the Tamil Nadu Government Gazette which have already been granted with permanent recognition under the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (Tamil Nadu Act 29 of 1974)shall continue to have permanent recognition and shall furnish the certificates specified in sub-clauses (i) to (iv) of clause (e) of sub-rule (6) above, after the expiry of the period specified in the structural stability certificate or the building license whichever is earlier, duly renewed and has validity in currency on the date of submission of the certificates to the competent authority.

Rule - 9. Renewal of recognition

(1)     Every application for renewal of certificate of recognition shall be made to the competent authority in Form II-B accompanied by proof of remittance of the fee specified in sub-rule (3).

(2)     The application shall be made within a period of three months prior to the date of expiry of the period of certificate of recognition.

(3)     The fee to be paid for every application for renewal of certificate of recognition shall be Rs.1,000/- (Rupees One thousand only) for Play School, Nursery and Primary School and Primary School and Rs.2,000/- (Rupees Two thousand only) for Middle, High and Higher Secondary School or as may be specified by the Government from time to time.

(4)     The procedure applicable to the grant of certificate of recognition shall apply to the renewal of certificate of recognition.

(5)     The certificate of recognition shall be renewed for the period specified in the structural stability certificate or the building licence whichever is earlier.

Rule - 10. Appeal against the order of refusal of grant or renewal of certificate of recognition

(1)     An appeal against the order of the competent authority refusing to grant the certificate of recognition or to renew the certificate of recognition shall be made to the appellate authority along with a copy of that order within a period of thirty days from the date of receipt of that order.

(2)     The appellate authority shall call for the records from the competent authority against whose order the appeal has been preferred and dispose of the appeal on merits within a period of two months from the date of receipt of the appeal.

Rule - 11. Withdrawal of certificate of recognition

(1)     The authority competent to grant the certificate of recognition shall be the authority competent to withdraw the certificate of recognition.

(2)     The competent authority may, by order in writing withdraw the certificate of recognition, which shall take effect only at the end of the academic year, if the educational agency,-

(a)      does not conform to all or any of the norms prescribed for the grant of certificate of recognition;

(b)      violates any of the condition stipulated in the certificate of recognition;

(c)      commits any breach of the provisions of the Act and these Rules or the directions issued by the authority concerned in conformity with the provisions of the Act and these Rules:

Provided that no order of withdrawal of certificate of recognition shall be passed unless the educational agency has been given an opportunity of making a representation.

(3)     The competent authority shall specify in the order withdrawing the certificate of recognition that the educational agency shall consequent on the withdrawal of recognition follow the procedure contemplated in section 11 of the Act.

Rule - 12. Inspection Fee

The educational agency of every self financing private school shall pay inspection fee once in three years into the Government account as shown in the Table below or as may be specified by the Govenrment from time to time:

The Table

 

Rule - 13. Grant of permission for additional section or to introduce additional medium of instruction or new group of subjects

(1)     Every application for permission to open an additional section or to introduce an additional medium of instruction in an existing school or a new group of subjects in an Higher Secondary School shall be submitted in Form 1-F by the educational agency to the competent authority six months prior to the commencement of the academic year:

Provided that an application for introduction of a new group of subjects in an Higher Secondary School shall be accompanied with a proof of remittance of fee of Rs.1000/- (Rupees One thousand only) or as may be specified by the Government from time to time.

(2)     The permission to open additional section or to introduce additional medium of instruction or group of subjects shall be granted by the competent authority subject to the fulfilment of all the norms prescribed for the grant of certificate of recognition.

Rule - 14. Affiliation

(1)     The educational agency of every private school other than a school following the syllabus prescribed by the State Board of School Education shall, after obtaining the certificate of recognition under sub-rule (7) of rule 8, apply to the respective Board for affiliation.

(2)     The pattern and duration of courses, curriculum, syllabus, courses of instruction, examinations and pattern of evaluation shall be,-

(i)       in relation to private schools, as may be specified by the respective Board by issue of orders, from time to time; and

(ii)      in relation to teacher training institute, as specified by the National Council for Teacher Education.

(3)     No private school or the teacher training institute shall deviate from the curriculum and the syllabus as prescribed by the respective Board or the National Council for Teacher Education, as the case may be, to which it is affiliated.

Rule - 15. Text books

(1)     Every private school affiliated to the State Board of School Education shall use the textbooks approved by that Board0
.

(2)     Every private school affiliated to the Board other than the State Board of School Education shall use the text books aligned to the curriculum of the respective Board.

Rule - 16. Closure of a private school or a class or a course or a medium of instruction in the school

(1)     No educational agency shall close down a private school or a class or a course or a medium of instruction in the school without the prior approval of the competent authority.

(2)     A notice in writing in Form-IV requesting for closure of a school or a class or a course or a medium of instruction in the school shall be given to the competent authority before the 1st day of December of the year preceding the academic year in which the closure is proposed to be given effect.

(3)     The educational agency shall submit an affidavit to the effect,-

(a)      that intimation regarding closing down of the school has been communicated to the parents of all the pupils studying in the school;

(b)      that alternative arrangements for the continuance of the study of the pupils in another recognized school will be made at the end of the said academic year;

(c)      that the other school to which the pupils will be transferred is a recognized school;

(d)      that necessary arrangements for the admission of the pupils to the other recognized school will be completed before closing down the school;

(e)      that the permanent records of the school will be handed over to the concerned competent authority;

(f)       that necessary arrangements will be made to deploy the retrenched staff in the manner as prescribed in rule 31; and

(g)      that all the members of the educational agency have given their consent for the closure of the school.

(4)     The competent authority on receipt of the notice and after satisfying that there are justifiable reasons for entertaining the request for closure, shall pass an order granting approval for closure within a period of three months from the date of receipt of the notice. The order shall specify that the educational agency should make necessary arrangements as sworn in the affidavit referred to in sub-rule (3) and produce a certificate to that effect to the competent authority before closing down the school.

(5)     Where the competent authority grants approval for closure during the course of an academic year, such closure shall take effect only after the expiry of the said academic year.

(6)     If the competent authority finds that the notice given under sub-rule (2) is defective or the reasons adduced for closure are not satisfactory, the authority shall pass an order refusing to grant approval for closure of the school or a class or a course or a medium of instruction, as the case may be, within a period of three months from the date of receipt of the notice after giving the educational agency an opportunity of making a representation.

Rule - 17. Regulation of Admission

(1)     Every private school shall be governed by the instructions or the guidelines issued by the Government or the Director in respect of all matters pertaining to admission of a pupil in an academic year in the school.

(2)     Every private school not being a minority school shall be governed by the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act 35 of 2009)(hereinafter referred to as "Central Act 35 of 2009")and the rules made thereunder for the purpose of providing free and compulsory elementary education to the pupils upto standard VIII.

(3)     Every private school shall display on the notice board or host on the website, the details of the infrastructure available, staff strength, pupils strength, seats available for each standard - medium wise including seats for children belonging to disadvantaged group and weaker section as required under clause (c) of sub-section (1) of section 12 of the Central Act 35 of 2009, fees fixed and other facilities available if any. The details so displayed shall be updated on the notice board and on the website by the private school one month before the commencement of every academic year.

(4)     The minimum age for admission as on the 31st day of July of the year of admission shall be,-

(i)       for Play School, completed two years of age;

(ii)      for LKG, completed three years of age;

(iii)     for UKG, completed four years of age;

(iv)    for standard I, completed five years of age, and for standard II, completed six years of age and so on upto standard XII:

Provided that the District Educational Officer concerned may relax the minimum age upto six months and the Director concerned may relax upto twelve months under special circumstances.

(5)     The minimum age for admission to the teacher training institute as on the 31st day of July of the year of admission shall be, completed seventeen years of age.

(6)     The date of birth once entered in the school records based on the birth certificate of the child issued under the Births, Deaths and Marriages Registration Act, 1886 (Central Act VI of 1886) or on the basis of the hospital or the Auxiliary Nurse and Midwife (ANM) register record cannot be altered at a later date under any circumstances:

Provided that the date of birth entered only on the basis of the declaration made by the parent or the guardian at the time of admission, shall be confirmed by the parent or the guardian before the child appears for the examination conducted by the respective Board.

(7)     A pupil seeking admission in any of the standards in another recognized school shall be admitted at any time of the year based on the Transfer Certificate issued by the school in which he had last studied.

(8)     No pupil shall be admitted into a class higher than that to which his Transfer Certificate or Certificate of Completion declares him fit.

(9)     Admission in every private school shall be made without any discrimination of gender, disability, religion, race, caste, place of birth or language.

(10)   Admission of pupils to the Higher Secondary course in a non-minority school shall be made by following the rule of reservation in force in the State.

Rule - 18. Issue of Transfer Certificate

(1)     Every pupil of a private school shall have the right to seek transfer from that school to continue his school education in another school.

(2)     An application for issue of Transfer Certificate shall be made in writing to the Head Master of the private school by the parent or the guardian of the pupil. In such case, the Head Master shall issue the Transfer Certificate as per the instructions issued in this regard.

Rule - 19. Duplicate Transfer Certificate

An application for issue of duplicate Transfer Certificate shall be made to the Head Master of the private school where he had last studied accompanied by payment of a fee of Rs.100/- (Rupees One hundred only) or as may be specified by the Government from time to time together with a declaration that the original Transfer Certificate could not be found despite all efforts to trace out the same. The Headmaster shall issue the duplicate Transfer Certificate within a period of two weeks.

Rule - 20. Evaluation of Certificates

Certificates of pupils on transfer from other State / Union Territory or other Country shall be evaluated by the District Educational Officer, within a period of three months from the date of provisional admission of the pupils in any private school based on the orders issued by the Government, from time to time.

Rule - 21. Conduct of Examinations

(1)     The Staff Council of every private school with due consideration to the required percentage of attendance, shall prepare the guidelines subject to the provisions of Central Act 35 of 2009 and the instructions issued by the Government from time to time, for the promotion of the pupils from any standard for which the examination is not conducted by the respective Board.

Explanation.-For the purpose of this sub-rule, every private school shall have one Staff Council consisting of the Head Master of the private school and the members of the teaching staff not exceeding eleven nominated by him.

(2)     A copy of the guidelines prepared by the Staff Council under sub-rule(1) above shall be sent to the District Educational Officer.

(3)     The guidelines prepared by the Staff Council are subject to the orders issued by the respective Board from time to time.

(4)     The promotion list drawn by the Staff Council shall be sent to the District Educational Officer concerned for his approval.

(5)     The approved promotion list once drawn shall be displayed prominently in the school premises and any alteration or correction in the promotion list shall be made, only with the prior approval of the District Educational Officer.

(6)     (a) Every private school which has been selected as a centre for any Board examination shall place its building and the furniture at the disposal of the Board for conducting any examination;

(b) The school committee or the management of the school shall co operate with the Board in the conduct of the examination, valuation of the answer scripts and other ancillary activities and arrange all facilities for the conduct of the examination.

(7)     Valuation of answer scripts of examination shall form part of the legitimate duty of the teachers and every teacher shall be liable for being drafted for this duty.

(8)     No private school which does not enjoy recognition shall present its pupils for writing examination conducted by the respective Board.

(9)     Every private school shall abide by the following conditions, namely:-

(a)      shall not commence the admission of the pupils to the next higher standard before the release of the results by the respective Board or before the results are approved by the competent authority, as the case may be;

(b)      shall not prevent any pupil on its rolls with poor academic standard from appearing for any Board examination;

(c)      shall not present its pupils to any Board examination who are not on its rolls;

(d)      shall not compel any pupil to join any coaching class by the school;

(e)      shall impart education for the Higher Secondary classes only based on the group or courses for which approval has been accorded by the respective Board;

(f)       shall conduct the Board examinations strictly as per the guidelines issued by the respective Board;

(g)      shall conduct the internal examination as per the guidelines issued by the competent authority;

(h)     shall follow fairness and transparency in the conduct of examination.

Rule - 22. Academic achievement in private schools

(1)     All private schools shall,-

(a)      take efforts to constantly improve the academic performance of the pupils;

(b)      shall promote learning through various Information and Communication Technology (ICT) and digital methods;

(c)      shall aim for better results in the performance of the pupils in both internal and Board examinations in terms of pass percentage, scoring of marks and overall academic improvements;

(d)      follow the best teaching learning practices as per the advisories and guidelines issued by the Government from time to time;

(e)      prepare the pupils for better performance in assessment tests, conducted at National and State level for assessing the academic achievement of the pupils;

(f)       shall prepare the pupils for various co-curricular and extra-curricular activities;

(g)      shall encourage pupils to actively participate in programmes organised by the Government such as kalaithiruvizha, exhibitions, National or State or District level sports competitions, talent competitions; and

(h)     shall take steps to see that the physical and health education, life skill education, digital education and experiential learning are imparted to both the pupils and teachers.

Rule - 23. Training to Private School Teachers

(1)     The school committee shall organize the following periodic in-service training programmes for teachers to improve the capacity building of the teachers,-

(a)      training on pedagogy, curriculum, syllabus, subject content including use of Information and Communication Technology (ICT), computer laboratory and method of evaluation as per the guidelines issued by the Government from time to time;

(b)      training for the development of basic literacy and numeracy skills of the pupils, use of teaching learning materials and remedial teaching training; and

(c)      training on various issues including safety and security of the pupils, gender concerns, inclusive education, transgender, leadership training, inter-personal relationship training, crisis management, emotional well being as per the guidelines issued by the Government from time to time.

Rule - 24. Constitution of the School Committee

(1)     The educational agency of every private school not being a minority school shall constitute a school committee with the approval of the District Educational Officer concerned:

Provided that in case of a minority school, the educational agency of the school shall perform the functions of the school committee.

(2)     The School Committee shall consist of the following members, namely:-

(3)     The educational agency administering or maintaining more than one private school, may with the prior permission of the competent authority have a common School Committee, consisting of the following members, namely:-

Explanation I.- In the case of more than one private school of different categories coming under a single educational agency, the authority competent to grant permission to establish the school of the highest category shall be the authority competent to grant prior permission to constitute a common school committee.

Explanation II.- For the purpose of items (iii) of sub-rules (2) and (3) above, non-teaching staff means the staff of the Tamil Nadu Ministerial Service belonging to group C and above.

Explanation III.- For the purpose of items (ii) and (iii) of sub-rules (2) and (3) above, the seniority shall be determined with reference to the total service rendered by the teacher or the non-teaching staff, as the case may be, in the private school or schools concerned.

Explanation IV.- For the purpose of item (iv) of sub-rules (2) and (3) above, the nominees shall be from the parents only:

Provided that if any vacancy arises in the category of the senior most teaching or non-teaching staff, the next senior most teaching or non-teaching staff of that school shall be nominated to the school committee. The teaching or the non teaching staff so nominated shall be a member of the committee for the residual period of the tenure of the committee.

(4)     The term of office of the members of the school committee shall be three years and the members of the school committee shall be eligible for re-nomination.

(5)     The educational agency shall nominate one of the representatives of the school committee as the President with the approval of the District Educational Officer concerned:

Provided that the educational agency may nominate any other representative as the President within the term of three years.

(6)     The following persons are not eligible to become members of the school committee, namely:-

(a)      minor;

(b)      mentally unsound;

(c)      person convicted for criminal offence involvin moral turpitude;

(d)      insolvent;

(e)      person who has been found guility of any serious irregularity on inquiry.

Rule - 25. Secretary of the School Committee

(1)     The educational agency shall nominate one of its representatives as the Secretary of the school committee:

Provided that it shall be open to the educational agency, to nominate the Head Master as the Secretary of the school committee.

(2)     The term of office of the Secretary shall be three years and he shall be eligible for re-nomination. If the educational agency intends to change the Secretary within the term of three years, it shall do so with the prior approval of the District Educational Officer concerned.

(3)     The Secretary of the school committee shall,-

(a)      function for and on behalf of the educational agency;

(b)      act on the basis of the resolutions passed in the meetings of the school committee; and

(c)      be responsible for the maintenance of accounts and proper administration.

(4)     Where the competent authority is convinced that the Secretary or any member of the school committee is responsible for any lapse or irregularity in managing the affairs of the school, the competent authority shall instruct the educational agency to remove such person from the office of the Secretary or the member of the school committee, as the case may be.

(5)     If the educational agency has wilfully failed to comply with the direction of the competent authority to remove the Secretary or the member of the school committee, the competent authority shall remove such person from the office of the Secretary or the member of the school committee, as the case may be, after giving such person or the member of the school committee an opportunity of being heard.

(6)     The Secretary shall not interfere in the internal administration of the school like admission, promotion and discipline of the pupils and other academic matters which shall be the exclusive responsibility of the Head Master of the school, who will be guided by the Staff Council.

Rule - 26. Meeting of the School Committee

(1)     Meeting of the school committee shall be convened by the Secretary with the approval of the President of the school committee at least once in every three months.

(2)     A notice in writing shall be given to the members of the school committee intimating the venue of the meeting which shall, preferably, be in the school premises, at least seven days prior to the date on which the meeting is scheduled to be conducted.

(3)     The quorum for the meeting of the school committee shall be not less than fifty per cent of the total members of the school committee.

Explanation.- For the purpose of this sub-rule, if the total number of the members of the school committee is an odd number, the next higher even number shall be taken.

(4)     A copy of the minutes of the meeting shall be communicated by the Secretary of the school committee to the District Educational Officer concerned within a period of fifteen days.

Rule - 27. Appointment of Special Officer

(1)     The Special Officer appointed under section 18 or section 31 of the Act, shall be not below the rank of a Headmaster of a High School in respect of a High School and the schools below and not below the rank of a Headmaster of a Higher Secondary School in respect of a Higher Secondary School. The Special Officer so appointed shall perform the functions of the Secretary of the school committee.

(2)     Where the appointment of a Special Officer is pending consideration of the Government, the District Educational Officer concerned shall be the authority competent to draw and disburse the pay and other allowances to the teaching and non-teaching staff of the school.

Rule - 28. Conditions of service of staff in an aided private school

(1)     The number of staff employed in an aided private school for the purpose of grant, shall not exceed the number of posts fixed by the competent authority, with reference to the strength of the pupils as per the norms fixed by the Government.

(2)     Appointment to the various categories of teaching and non teaching staff shall be made as follows:-

(a)      Teaching Staff.-

(i)       by deployment of a teacher from any other aided private school in the same cadre drawing salary out of the grant from the funds of the Government; or

(ii)      if no candidate is available by method (i) above, by promotion from among the qualified teachers in the feeder categories in that school:

Provided that promotion shall be made on grounds of merit and ability, seniority being considered only when merit and ability are approximately equal; or

(iii)     if no candidate is available by method (ii) above, appointment from among the non-teaching staff employed in that school, provided he is fully qualified to hold the post of a teacher; or

(iv)    if no candidate is available by method (iii) above, by direct recruitment;

(b)      Non-Teaching Staff.-
 

(i)       by deployment from among the incumbents from any other aided private school in the same cadre, drawing salary out of the grant from the State funds; or

(ii)      if no candidate is available by method (i) above, by promotion from among the qualified incumbents in the feeder categories or holding the post carrying the lower scale of pay in that school:

Provided that promotion shall be made on grounds of merit and ability, seniority being considered only when merit and ability are approximately equal; or

(iii)       if no candidate is available by method (ii) above, appointment from among the incumbents holding the post carrying identical scale of pay of the post which has to be filled up in that school, provided he is fully qualified to hold the post; or

(iv)      if no candidate is available by method(iii) above, by direct recruitment:

(3)     In respect of an educational agency running more than one aided private school, the schools under that agency shall be treated as one unit for the purposes of seniority and promotion of the staff.

(4)     Qualification.-

(a)      Age.- The minimum and maximum age limits for direct recruitment to a teaching and nonteaching post shall be the age limits specified by the Government from time to time for appointment to the corresponding post in Government schools:

Provided further that there shall be no maximum age limit for the non-teaching staff belonging to the reserved categories who possess a qualification which is higher than the minimum educational qualification as specified in Annexure IV - B;

(b)      Other Qualifications.- The minimum qualification to be possessed by a teaching or a non-teaching staff of every aided private school shall be as prescribed in Annexure IV- A and Annexure IV - B respectively.

(5)     Method of appointment,- The methods of appointment to the various categories of teaching and non-teaching staff in an aided private school shall be as prescribed in Annexure-V.

(6)     Other Requirements.- Every teaching and non-teaching staff selected for appointment shall produce a certificate of fitness from any registered medical practitioner and two certificates from the gazetted officers or members of a local authority not related to the person selected for appointment, certifying the good conduct and character of the said person.

(7)     The school committee of every aided private school shall enter into an agreement with the teaching and non -teaching staff as prescribed in Form VI-A, where the appointment is made permanently or in Form VI-B, where the appointment is made temporarily against any vacancy caused due to maternity leave:

Provided that no such appointment in a non-minority school shall be made by the school committee without the prior permission of the competent authority. The competent authority while giving such permission shall ensure with the authority concerned that no surplus staff in the respective category in the aided private school is available to be deployed as per the procedure prescribed in rule 31.

(8)     The District Educational Officer (Elementary) or the Chief Educational Officer or the Principal, District Institute of Education and Training, as the case may be, shall verify the genuineness of the certificates of the staff so appointed and after satisfying himself that the appointment has been made as per the rules governing the post, accord approval of the appointment so made within a period of fifteen days. The concerned Block Educational Officer or the District Educational Officer or the Principal, District Institute of Education and Training, shall thereafter release the grant for the post to which the incumbent has been appointed.

(9)     Probation.- Every teaching and non-teaching staff appointed in an aided private school shall from the date on which he joins duty be on probation for a total period of two years within a continuous period of three years.

(10)   Seniority.-

(a)      the school committee shall prepare and maintain a separate seniority list of teaching and nonteaching staff for each category of post every year;

(b)      in case the educational agency is running more than one school, the school committee shall prepare a common seniority list each of the teaching and non-teaching staff of all the schools under its respective Board.

(11)   Reservation.- While selecting the candidates for appointment by direct recruitment in every aided private school not being a minority school, the reservation of seats for the candidates shall be made following the rule of reservation in force in the State.

(12)   Pay and Allowances.-

(a)      The scale of pay and dearness allowance and other allowances prescribed by the Government from time to time shall be made applicable to the teaching and non teaching staff of an aided private school. The pay and allowance shall be disbursed on the 1st day of every month through Electronic Clearing System (ECS);

(b)      The school committee of every aided private school should have in operation a Provident Fund Scheme as approved by the Government.

(13)   Leave.-Every teaching and non teaching staff of an aided private school shall be entitled to such leave as are admissible to the corresponding posts of teaching and non teaching staff of the Government schools.

(14)   The school committee shall constitute a Grievance Redressal Cell for each school which shall address the grievances of the staff.

(15)   The school committee shall also constitute an Internal Complaints Committee to ensure the prevention of sexual harassment of the women staff and for redressal of the complaints of sexual harassment and for matters connected therewith and incidental thereto in accordance with sub-section (2) of section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Central Act 14 of 2013).

(16)   The school committee shall attend to all the claims of the service matters of the teaching and non teaching staff in accordance with these rules and the instructions issued by the Government or the Director.

(17)   Retirement.- Every teaching and a non-teaching staff employed in an aided private school shall retire on attaining the age of sixty years or the age as may be specified by the Government in this regard.

Provided that if a teacher, who has been working in the eligible sanctioned post attains the age of superannuation in the middle of the academic year and if surplus teachers are available for deployment in the respective category of the post held by that teacher, such teacher shall be permitted to retire immediately and shall not be permitted to work on re-employment till the end of the Academic Year:

Provided further that if a teacher, who has been working in the surplus post attains the age of superannuation in the middle of the academic year, he shall be permitted to retire immediately and the post held by such teacher shall be surrendered to the Director.

(18)   Retirement benefits.-The teaching and non teaching staff of an aided private school shall be entitled to the retirement benefits as applicable to the Government servants.

Rule - 29. Disciplinary action against the staff of an aided private school

(1)     A teaching or a non teaching staff of an aided private school shall be liable for disciplinary action for violation of any of the provisions of the Code of Conduct prescribed in rule 35 or for any other act which constitutes unbecoming of a teaching or a non-teaching staff and shall be imposed with one or more of the following penalties, namely:-

(a)      Minor penalties-,

(i)       fine;

(ii)      censure;

(iii)     withholding of increment with or without cumulative effect ;

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

(b)      Major penalties-,

(i)       reduction in rank ;

(ii)      compulsory retirement;

(iii)     removal from service;

(iv)    dismissal from service:

Provided that in the absence of specific and adequate reasons to the contrary to be mentioned in the order of the disciplinary authority, no penalty other than those specified in sub-clauses (ii) to (iv) of clause (b) above shall be imposed for any established charge of corruption.

Explanation.- The following shall not amount to penalty within the meaning of this clause:-

(i)       compulsory retirement of the staff by the competent authority at any time after he has attained the age of fifty years (fifty five years in the case of basic servants) or after he has completed thirty years of qualifying service, as the case may be, if in the opinion of the competent authority it is necessary to do so in the public interest:

Provided that no order shall be made under this sub-clause, without giving the staff a notice of not less than three months in writing or three months pay and allowances in lieu of such notice;

(ii)      discharge of the staff appointed in a short term officiating vacancy caused due to grant of leave;

(iii)     termination of the services of the staff under an agreement in accordance with the terms of such agreement.

(2)     The authority competent to impose the penalty specified in sub-rule(1) shall be the school committee.

(3)     No minor penalty shall be imposed on the delinquent staff unless he has been given a reasonable opportunity of making a representation.

(4)     In every case where the school committee proposes to impose any major penalty on the delinquent staff, the following procedure shall be followed:-

(a)      the disciplinary authority shall frame definite charge on the basis of the allegation on which the inquiry is proposed to be held and a copy of the charge together with the statement of the allegation on which they are based shall be furnished to the person charged and he shall be required to submit within such time as may be specified by the disciplinary authority, but in any case not later than a period of thirty days, a written statement of defence and also to state whether he desires an oral inquiry or to be heard in person;

(b)      if an oral inquiry is desired by the person charged, the school committee shall appoint an inquiry officer who shall be not below the rank of the person charged to conduct the inquiry. At that inquiry, oral evidences may be heard as to such of those allegations as are not admitted and the person charged shall be entitled to cross examine the witnesses, to give evidences in person and to call for such witnesses as he may wish, provided that the inquiry officer may for special and valid reasons to be recorded in writing, refuse to call a witness. At the conclusion of the inquiry, the inquiry officer shall prepare a report of the inquiry regarding his findings on each of the charge together with the reasons therefor;

(c)      the school committee shall consider the report of the inquiry officer and record its findings on each charge and if the school committee is of the opinion that any of the major penalties should be imposed, it shall-,

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

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

(d)      on receipt of the representation, if any, made by the person charged, the school committee after considering the same, shall pass final orders in the disciplinary proceedings and communicate the same to the delinquent staff. In any case, the final orders in the disciplinary proceedings shall be issued not later than the period of six months. The school committee shall intimate the same to the Block Educational Officer and the District Educational Officer (Elementary) in respect of Pre-Primary, Primary and Middle Schools, the District Educational Officer (Elementary) of Chennai district in respect of Anglo-Indian Schools and the Chief Educational Officer in respect of High and Higher Secondary Schools and the Principal, the District Institute of Education and Training in respect of Teacher Training Institute.

Rule - 30. Suspension of a staff of an aided private school

(1)     The appointing authority may place a staff under suspension,-

(a)      on a charge of misconduct; or

(b)      against whom an enquiry into grave charges is contemplated or is pending; or

(c)      against whom a complaint of criminal offence is under investigation or trial and if such suspension is necessary in the public interest.

(2)     A staff of an aided private school shall be deemed to have been suspended with effect from the date of his detention, if he is detained in custody whether on a criminal charge or otherwise, for a period exceeding forty eight hours.

(3)     Whenever a staff is placed under suspension, the school committee shall, immediately on the date of issue of the order placing him under suspension, communicate a copy of the order to the authority who is competent to approve the disciplinary action taken by the school committee.

(4)     The staff who has been placed under suspension shall be paid every month from the date of suspension, subsistence allowance at an amount equal to one half of the pay which he was drawing immediately preceding the date on which he was placed under suspension and the admissible dearness allowance and other allowances:

Provided that where the period of suspension continues beyond six months, the school committee shall be solely responsible for the payment of subsistence allowance.

(5)     Where the person suspended has been exonerated after the conclusion of the disciplinary proceedings or where any criminal prosecution instituted against such person has ended in honourable acquittal, the school committee shall,-

(a)      revoke the suspension and reinstate the person immediately and communicate a copy of the order of reinstatement to the authority competent to approve the disciplinary action;

(b)      pay such staff, the full pay and allowances which he was drawing immediately preceding the date of suspension less the amount of subsistence allowance already paid to him for the period of suspension.

Rule - 31. Resignation by the staff of an aided private school

(1)     The staff of an aided private school may, on his own volition resign his appointment by giving three months notice in writing to the school committee or by paying the school committee three months pay and allowances in lieu of such notice thereof with a copy marked to the District Educational Officer (Elementary) or the Chief Educational Officer or the Principal, District Institute of Education and Training, as the case maybe. In case of a probationer, the period of notice or the pay and allowances in lieu thereof shall be two months.

He shall also give a sworn declaration to the effect that in the event of acceptance of resignation, he shall not claim any service benefit from that school and shall not seek re-employment in that school at a later date on any ground. The period of three or two months notice, as the case may be, shall be reckoned from the date of receipt of such notice by the school committee.

(2)     The staff who tenders resignation may withdraw the same within the intended period of resignation or before the resignation is accepted, whichever is earlier.

(3)     Notice of resignation submitted by the staff shall not be accepted by the school committee,-

(i)       if disciplinary proceeding is contemplated or pending against the staff; or

(ii)      if investigation by the Directorate of Vigilance and Anti Corruption (DVAC) is pending against the staff; or

(iii)     if any due from the staff is pending to be recovered.

(4)     The school committee shall pass an order either accepting the resignation or rejecting the same for reasons to be recorded in writing.

(5)     If the school committee agrees to accept the request of the staff, shall forward the resignation letter within a period of fifteen days from the date of receipt of the resignation letter to the competent authority for concurrence.

The competent authority shall accord concurrence or otherwise within a period of one month from the date of receipt of the letter. The school committee on receipt of the concurrence of the competent authority shall pass an order within a period of fifteen days and communicate the same to the staff and to the authorities concerned.

In the event of acceptance of resignation by the school committee, such staff shall be relieved of his duties with effect from the date on which he has opted to resign the post. The resignation once accepted shall be final and irrevocable.

Rule - 32. Staff fixation and deployment of surplus staff on retrenchment in an aided private school

The following norms shall be followed in the fixation of the strength of the staff based on the strength of the pupils studying in the standards / sections for which grant has been paid by the Government prior to the Academic Year 1991-1992 and the consequential deployment of the surplus staff,-

(A)     Staff fixation.-

(1)     The strength of the staff of every aided private school shall be fixed based on the strength of the pupils as on the 1stday of August of every academic year.

(2)     The requirement of each aided private school shall be assessed separately by treating each school as a unit for the purpose of fixing the strength of the staff.

(3)     The posts sanctioned to an aided private school prior to the academic year 1991 - 1992 and the strength of the staff fixed based on the strength of the pupils as on the 1st day of August of the academic year in which the fixation is done, whichever is less shall be the norms for fixing the strength of the staff of that academic year.

(B)     Deployment of surplus staff,-

(1)     The District Educational Officer concerned in respect of Primary and Middle schools, the Chief Educational Officer concerned in respect of High and Higher Secondary schools and the Joint Director concerned in respect of Anglo-Indian schools shall fix the strength of the staff based on the strength of the pupils updated in the Educational Management Information System (EMIS) as on the 1stday of August of every academic year and shall complete the assessment process on or before the 12th day of August of that academic year.

(2)     The staff fixation statement along with the list of surplus staff identified shall be forwarded to the Secretary of the school committee or the management of the school concerned on or before the 15thday of August of that academic year.

Explanation.- For the purpose of this sub-rule,-

(i)       the surplus staff so identified shall be the junior most staff in that school;

(ii)      the junior most staff so deployed will retain his seniority in the school from which he has been deployed;

(iii)     the school to which the junior most staff has been deployed shall pay the salary to such deployed staff and shall have the right to take disciplinary action against such staff.

(3)     The Secretary of the school committee or the management of the school, as the case may be, shall explore the possibility of accommodating the surplus staff against any eligible vacant post in any other aided school under the same educational agency and within the Revenue District and send the report to the concerned District Educational Officer in respect of Primary and Middle schools, the Joint Director concerned in respect of Anglo-Indian schools and the Chief Educational Officer concerned in respect of High and Higher Secondary Schools by the 22ndday of August of that academic year. The concerned District Educational Officer or the Joint Director or the Chief Educational Officer, as the case may be, shall thereafter issue deployment orders to the Secretary of the school committee or the management of the concerned school from and to which the surplus staff shall be deployed, for accommodating those surplus staff within the Revenue District on or before the 31stday of August of that academic year.

(4)     If surplus posts with or without staff are still available after the deployment is made by the concerned Officer, the list of those surplus staff shall be forwarded to the Director concerned on or before the 10thday of September of that academic year.

(5)     On receipt of the list of surplus posts with and without staff,-

(a)      the Director concerned shall resume the surplus posts without staff to the common pool and communicate the same to the Secretary of the school committee or the management of the school, the concerned District Educational Officer, the Chief Educational Officer and the Joint Director, as the case may be;

(b)      in respect of surplus posts with staff, the Director concerned shall accommodate the identified surplus staff against the eligible vacancy in another aided school coming under the same educational agency in the adjacent Revenue District;

(c)      if no such vacancy is available in the adjacent Revenue District, such staff shall be given an opportunity of exercising his option for deployment either,-

(i)       to the eligible vacancy in other aided school under the same educational agency but in far away district; or

(ii)      to the eligible vacancy in other aided school under different educational agency but in the nearby district;

(d)      if there is any conflict in the selection of the school specified in clause (c) above, the senior surplus staff shall be given preference.

(6)     The above process shall be done by conducting counselling by the concerned Director or the Chief Educational Officer, the District Educational Officer, and the Joint Director, as the case may be, on or before the 30thday of September of that academic year.

(7)     Even after all these processes, if surplus staff are still available to be deployed or where such deployment is felt difficult, such surplus staff available with the Director concerned shall be sent on deputation to some other nearby Panchayat Union school by the District Educational Officer concerned or to the Government High / Higher Secondary School by the Chief Educational Officer concerned or to the Anglo-Indian School by the Joint Director concerned, till a vacancy arises in any other aided school for the purpose of deployment.

(8)     The educational agency of an aided private school shall not make any new appointment in the eligible vacancy available in the school till the deployment of all other surplus staff available in other aided private schools coming under the same corporate management is exhausted based on the report given by the concerned District Educational Officer, the Chief Educational Officer and the Joint Director, as the case may be to this effect.

(9)     The staff who is found to be surplus in an aided private school should join the school to which he has been deployed within a period of fifteen days from the date of receipt of the deployment order failing which, disciplinary action will be initiated against the staff concerned by the school from which the surplus staff has been deployed and no further grant-in-aid will be sanctioned to that particular post held by such surplus staff.

(10)   The staff who has been issued with deployment order has no vested right to choose a particular place since he should be prepared to work anywhere in any aided private school as ordered.

(11)   Where the Secretary of the school committee or the management of the school, as the case may be, refuses to relieve the deployed staff, the grant - in - aid extended to that particular post which has been declared surplus shall be stopped immediately forthwith.

(12)   Where the Secretary of the school committee or the management of the school, as the case may be, to which such surplus staff has been deployed refuses to accommodate the deployed staff, the Secretary of the school committee or the management of the school, as the case may be, shall not fill up the vacant post without the approval of the competent authority. In such case, if the deployment has been made by the District Educational Officer concerned in respect of Primary and Middle schools, the fact shall be intimated to the Director of Elementary Education who shall take action to send such deployed staff on deputation to some other nearby Panchayat Union school till a vacancy arises in any other aided school for the purpose of deployment as prescribed in sub-rule (7) above. If the deployment has been made by District Educational Officer concerned in respect of High and Higher Secondary schools, the fact shall be intimated to the Chief Educational Officer concerned and the Chief Educational Officer shall intimate the same to the Director of School Education who shall take action to send such deployed staff on deputation to some other nearby Government school till a vacancy arises in any other aided school for the purpose of deployment as prescribed in sub-rule(7) above. If the deployment has been made by the Joint Director concerned, in respect of Anglo-Indian schools the fact shall be intimated to the concerned Director who shall take action to send such deployed staff on deputation to some other nearby Government school till a vacancy arises in any other Anglo-Indian school for the purpose of deployment has prescribed in sub-rule (7) above.

(13)   If any vacancy arises in the aided school from which the surplus staff has been deployed consequent on increase in the strength of the pupils in that school in the next academic year, the surplus staff who has been deployed from that school earlier shall be re-transferred to that school on obtaining his willingness.

Rule - 33. Payment of grant

(1)     Private schools which have been receiving aid prior to the academic year 1991 - 1992 may continue to be paid grant from out of the State funds, subject to the availability of funds, the norms and conditions specified in the Grant-in-Aid Code and other orders and notifications issued by the Government.

(2)     Such payment of grant shall be subject to the following conditions, namely:-

(a)      every aided private school receiving any grant or financial assistance from the Government shall levy and collect from the pupils only such fee, charges or other payment as may be specified by the Government;

(b)      the educational agency of a non-minority school shall employ adequate number of teaching and non-teaching staff with the approval of the authority concerned with reference to the sanctioned posts;

(c)      while filling up the post, the educational agency shall give preference to the staff who have become surplus in other aided private schools;

(d)      the grant shall be utilized only for the purpose for which it is sanctioned.

(3)     The authority competent to sanction grant, the rate at which and the purpose for which the grant may be paid and the procedure for the payment of grant shall be as specified in Annexure-VI.

(4)     The Government may withhold the grant permanently or for any specified period,-

(a)      if the educational agency of an aided private school contravenes any of the conditions specified in subrule (2); or

(b)      if there is no enrolment of pupils in any academic year; or

(c)      if any falsification of accounts or misuse of the amount of grant paid to any aided private school is held proved.

(5)     For the purpose of withholding the grant under sub-rule (4),-

(a)      in respect of an aided private school, action shall be initiated by the competent authority;

(b)      in respect of an aided private teacher training institute, action shall be initiated by the National Council for Teacher Education (NCTE).

Rule - 34. Accounts and audit

(1)     The Headmaster or the Secretary of the school committee of every aided private school shall,-

(a)      maintain separate accounts of grants or funds received from the State Government or the Central Government and the property held by or on behalf of the school;

(b)      keep the bank accounts, ledgers, stock registers, cash books, receipts and vouchers by making proper entries; and

(c)      keep all the records readily available for audit at any time.

(2)     The authority competent to audit the accounts of an aided private Pre-Primary, Primary and Middle Schools shall be the Local Fund Audit and the authority competent to audit the accounts of an aided private High and Higher Secondary School and the Teacher Training Institute shall be the Departmental Auditor.

Explanation.-For the purpose of this sub-rule, Departmental Auditor means officials working in the Audit Wing of the Directorate of School Education.

(3)     The report on the audit of accounts shall be sent by the Local Fund Audit to the concerned District Educational Officer, and by the Departmental Auditor to the concerned Chief Educational Officer, and to the Principal, District Institute of Education and Training, as the case may be, with a copy to the school concerned. The concerned District Educational Officer or the Chief Educational Officer or the Principal, District Institute of Education and Training, as the case may be, shall after review forward it to the school committee for reconciliation of objections, if any, raised in the audit report.

(4)     The Secretary of the school committee shall within a period of one month from the date of receipt of the audit report submit the report together with his comments, to the concerned District Educational Officer or the Chief Educational Officer, or the Principal, District Institute of Education and Training, as the case may be.

(5)     After receipt of the report from the Secretary of the school committee, the concerned District Educational Officer or the Chief Educational Officer or the Principal, District Institute of Education and Training, as the case may be, shall take necessary follow up action and forward the report to the Local Fund Audit or to the Departmental Auditor, as the case may be, for necessary action.

Rule - 35. Utilisation of funds and property of a private school

(1)     The funds and property of a private school shall be utilised for the purposes for which they are intended and shall be for the furtherance of education and other related activities.

(2)     Where the educational agency seeks to divert the funds from one purpose to another, it shall do so only after obtaining the prior permission of the competent authority.

Rule - 36. Code of Conduct

(1)     The staff employed in every private school shall be governed by the Code of Conduct enumerated below:

(2)     Every teaching and non teaching staff employed in an aided private school,-

(i)       shall discharge his duties efficiently and diligently ;

(ii)      shall conduct himself as a role model to the pupils and the public;

(iii)     shall, apart from teaching, engage himself in the matters of admission, conduct of examinations and valuation of answer scripts as directed by the authority concerned;

(iv)    shall always be vigilant on the safety and security of the pupils;

(v)      shall submit the property return statement once in every five years. Any change in the statement consequent on acquisition or disposal of any property within the said period of five years shall also be intimated immediately to the concerned authority;

(vi)    shall not impose corporal punishment on the pupils;

(vii)   shall not decline to attend any in-service training organized by the Government including holidays or vacation;

(viii)  shall not desist from attending duties in connection with the census or election or survey conducted by the educational authorities, such as National Achievement Survey or the State Level Achievement Survey;

(ix)    shall not absent himself from duties without the prior permission of the authority concerned. In case of sickness or absence on medical grounds, a medical certificate to the satisfaction of the school authorities shall be produced within a week;

(x)      shall not engage directly or indirectly in any trade or business or undertake any employment;

(xi)    shall not give or take or abet the giving or taking of dowry or demand directly or indirectly, from the parent or guardian of a bride or bridegroom, as the case may be, any dowry; Explanation.- For the purposes of this clause , dowry has the same meaning as in the Dowry Prohibition Act, 1961 (Central Act 28 of 1961);

(xii)   shall not speculate any stock, share or other investment;

(xiii)  shall not lend money to any person for interest;

(xiv)  shall not have any pecuniary relations with any pupil or ex-pupil or parent or guardian of any pupil or ex-pupil or with the staff or the establishments of the school;

(xv)   shall not without the permission of the school committee, engage himself habitually in literary or artistic work of any kind or in the publication of books:

Provided that a teacher may publish occasionally books on literature, short story, novel, drama, essay and poetry under intimation to the school committee, subject to the condition that he does not use his time and official position to influence the promotion of the sale of such books and that such books do not contain matters of political aspects, or any other objectionable matter or views against the policy of the Government;

(xvi)  shall not be a member of or otherwise be associated with any organization,-

(a)      which promotes or attempts to promote on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill will between different religious, racial, linguistic or regional groups or castes or communities; or

(b)      whose activities are prejudicial to the maintenance of harmony between different religious, racial, linguistic or regional groups or castes or communities, and which disturb or is likely to disturb the public tranquillity;

(xvii) shall not enter into or contract a marriage with a person having a spouse living and no teacher or a non-teaching staff having a spouse living shall enter into or contract a marriage with any person:

Provided that the school committee may permit a teacher or a non-teaching staff to enter into or contract any such marriage if it is satisfied that,-

(a)      such marriage is permissible under the personal law applicable to such teacher or a non-teaching staff; or

(b)      there are other grounds for so doing;

(xviii)   shall not do any act involving moral turpitude on his part including any unlawful act, which may cause embarrassment or which may bring discredit to the Government;

(xix)  shall not engage himself in any strike or incitement thereto or in similar activities.

Explanation.- For the purpose of this clause, similar activities shall be deemed to include absence from work or neglect of duties without permission and with the object of compelling something to be done by the Head Master or any other superior officer or the Government or any demonstrative fast usually called hunger strike for similar purposes;

(xx)   shall not conduct any procession or hold or address any meeting in any part of any open ground adjoining any Government office or inside any office premises,-

(a)      during school hours on any working day; and

(b)      outside school hours or on holidays except with the prior permission of the Secretary of the school committee;

(xxi)  prior permission of the Secretary of the school committee shall be obtained in a case where any teacher or a non teaching staff seeks to accept honorary work without detriment to his official duties;

(xxii) shall at all times maintain a high example of personal and professional integrity, devotion to duty and shall do nothing which is unbecoming of an employee of an educational institution;

(xxiii)   shall be punctual in his work and in any other work connected with the duties assigned to him ;

(xxiv)   shall abide by the rules and regulations of the school;

(xxv)the Head Master shall not leave the school without ensuring that all the pupils in the school have left the school premises;

(xxvi)   shall not indulge in or encourage any form of malpractice connected with the examinations or any other school activity;

(xxvii)  shall not engage himself in anti-secular activities which tend to indulge in communal activities or propagate religion or casteism;

(xxviii) shall not indulge in theft or fraud or embezzlement of funds or misappropriation of the school property;

(xxix)   shall not ill-treat the pupils or other employee or indulge in rowdyism or disorderly behaviour or violence;

(xxx)shall not be a member of an unrecognized Association or support directly or by implication, an Association, the object or the activities of which is prejudicial to the interest and integrity of our country;

(xxxi)   shall not encourage any propaganda or practice wounding the religious feelings of any class of pupilsor insulting the religion or the religious belief of that class;

(xxxii)  shall not indulge in any act that undermines the national integrity or causes insult to National Anthem or National Flag;

(xxxiii) shall not bring or attempt to bring political or other influences for the furtherance of his own interest;

(xxxiv) shall not be found drunk or under the influence of narcotic drugs while attending duty or appearing in a public place;

(xxxv)  shall not subject or attempt to subject any pupil or women employee to sexual harassment.

Explanation.- "Sexual harassment" includes such unwelcome sexually determined (whether directly or by implication) behaviour like,-

(a)      physical contact and advances; or

(b)      a demand or request for sexual favours; or

(c)      sexually coloured remarks; or

(d)      showing pornography; or

(e)      any other unwelcome physical, verbal or non-verbal conduct of sexual nature;

(xxxvi) shall not engage in work, like private tuitions;

(xxxvii)               shall not seek employment under any other agency except with the prior permission of the school committee;

(xxxviii)              shall inform the school committee if he is involved in any criminal proceeding and the stage of the pendency of such proceeding;

(xxxix) shall not contest or participate in or canvas for any election or otherwise interfere or use influence in connection with any election to any legislature or parliament or local authority;

(xl)    shall not engage himself or participate in any demonstration or strike or activity which is prejudicial to the interest of the country, the security of the State, the friendly relationship with foreign States, public orders, decency or morality or which involves contempt of court, defamation or incitement to an offence;

(xli)   shall not indulge in any criticism of the policy of the State Government or the Central Government either directly or indirectly or participate in any activity which brings disrepute to the Government.

Rule - 37. Change in the constitution of the educational agency or transfer of management of the school

(1)     Whenever there is any change in the constitution of the educational agency or any amendment is made to the trust deed or the memorandum of association, the educational agency shall submit all the relevant documents to the competent authority within a period of fifteen days from the date of registration of such change or amendment.

(2)     Where an educational agency of a private school other than a minority school, proposes to transfer the management of the school to another educational agency having similar objectives, both the educational agencies shall apply jointly in Form-V to the competent authority:

Provided that where an educational agency of a minority school proposes to transfer the management of such private school to another educational agency of the same minority, both the educational agencies shall apply to the Government for approval.

Rule - 38. Safety and Security of the pupil

(1)     The educational agency of a private school shall ensure that the following norms pertaining to the safety and security of the pupils are carried out in the school:-

(A)     Safety of the pupils inside the school.-

(i)       construction work in the school should be carried out during holidays or after school working hours;

(ii)      the school should be properly fenced;

(iii)     the terraces and balconies should be properly fenced with a reasonably high wall of atleast 4 feet;

(iv)    the water storage tanks, septic tanks and open wells should be properly covered with bold indication marks;

(v)      all rooms, laboratories and toilets should be checked after school hours, before the building is locked for the day;

(vi)    the school should ensure that all electrical fittings and appliances are as per safety norms. All electric wires must be insulated and joints covered. Periodical inspection of all the electric points must be conducted.

(B)     Safety of the pupils outside the school.-

(i)       all the pupils studying in the school should be made aware of the traffic rules;

(ii)      no liquor or tobacco shops should be allowed close to or just outside the school;

(iii)     while hiring school buses, the school should ensure that the bus is in good condition as per the norms in force and duly registered with the Transport Department. It should also be ensured that the driver has valid licence;

(iv)    the names, addresses and telephone numbers of all the pupils taken for an out-of-school activity should be made available with the school authority and with the accompanying staff.

(C)     Pupils Safety and Protection from Sexual abuse and violence.-

Every private school shall constitute a Student Safeguarding Advisory Committee that will continually review, monitor and recommend measures at the institutional level on all aspects of the safety of the pupils. The school shall follow the guidelines as prescribed by the Government, from time to time, in this regard.

(D)     Physical, Emotional and Mental Safety.-

(i)       no pupil should be subjected to physical punishment, threats or mental harassment on any account;

(ii)      the teachers should not use derogatory remarks, verbal or written, which may have negative impact on the selfesteem of a child;

(iii)     the teachers should not humiliate or disgrace the child in private or in the presence of others, especially in the presence of his fellow students.

(E)     Health Safety.-

(i)       health details of all the pupils should be made available with the respective class teacher;

(ii)      the school should ensure that safe drinking water is made available to the pupils. It should be stored in clean utensils, and shall be kept covered always;

(iii)     cleaning of underground/overhead tanks and water-coolers must be done periodically. The date of cleaning and the next due date of cleaning should be conspicuously displayed on the tank;

(iv)    the school must have proper outlets for waste-water and should ensure that there is no stagnation of water inside the school premises in order to prevent mosquito breeding;

(v)      the pupils should be made aware of the harmful impact on the health of the pupils in using narcotic drugs and other harmful alcoholic substances.

(F)      Fire safety.-

(i)       fire fighting training should be given to all the teachers and the pupils of standards X to XII;

(ii)      First Aid training should be given to all teachers;

(iii)     mock drills should be conducted regularly;

(iv)    fire alarms should be provided in each floor of the building. Separate long bell arrangement should be made for use in case of emergency.

(G)     Furniture.-

(i)       the furniture in the class rooms should be properly designed and free from protruding nails, sharp metal pieces, sharp edges and abrasive surfaces;

(ii)      condemned furniture should not be stacked inside the class rooms or in the lofts and should be disposed off immediately;

(iii)     it should be ensured that all laboratory furnitures should be protected from corrosion by chemicals or other dangerous materials;

(iv)    the LPG cylinder should be placed outside the laboratory within a ventilated chamber;

(v)      the exhaust fans should be provided in the laboratory.

(H)     Electrical Safety.-

(i)       the main boxes, switch boards and meters must be away from the reach of the pupils;

(ii)      the switch boards should be covered safely with wooden boxes;

(iii)     periodical inspection by the officials of the Electricity Department should be made mandatory;

(iv)    it should be ensured that there are no High Tension lines and transformers inside or close to the school.

(I)      Play Space Safety.-

(i)       bushes likely to harbour dangerous and poisonous creatures should be removed from the play space;

(ii)      water bodies, like ponds, pits, stagnant water puddles etc., should be safely and properly fenced;

(iii)     open gutters, garbage pits, etc., should also be covered safely;

(iv)    play space should be properly fenced and should not be hired to the outsiders for any public function, carnival and the like, in order to mobilize money.

(J)      Amenities.-

(i)       clean potable drinking water should be provided to the pupils studying in the school. Drinking water supply near the toilets should be avoided;

(ii)      storage tank should be cleaned regularly. Pipelines should be maintained so as to prevent leakage and wastage of water;

(iii)     toilets should be cleaned frequently and the date of cleaning and the next due date of cleaning should be entered separately in a register maintained for this purpose.

(K)     Kitchen.-

(i)       it should be ensured that no pupil is allowed inside or near the kitchen;

(ii)      fire extinguisher should be placed near the kitchen.

(L)      Transportation.-

(i)       Emergency exit.- every school bus shall be fitted with an emergency exit door at the rear right side or at the rear wind screen with quick release latches mechanism which can be operated from inside and outside of the bus;

(ii)      First Aid Box.- a first aid box containing articles as specified in sub-rule (5) of rule 172 of the Tamil Nadu Motor Vehicles Rules, 1989 shall be provided and replaced periodically in the school bus;

(iii)     Fire Extinguisher.- in every school bus, atleast two fire extinguishers of ABC type having a capacity of 2kg each, bearing ISI mark should be properly mounted.

(M)     Buildings.-

(i)       only non-combustible, fire-proof, heat resistant materials should be used in the construction work;

(ii)      each class room should have two doors for easy evacuation and adequate openings for ventilation and lighting;

(iii)     all types of furnitures such as almirahs, shelves, black boards, ceiling fan etc., that may likely to fall and cause injury to the pupils and the teachers need to be secured to the walls or floors;

(iv)    any derelict or unused building materials, rubbles, waste materials etc., should be removed immediately;

(v)      emergency equipments such as fire extinguishers, First Aid kits, ropes etc., should be procured and maintained properly by the school authorities;

(vi)    the existing schools located in a vulnerable location should either be relocated to a safer site or should be provided with adequate support to mitigate the effect of any natural hazards that may affect the area.

(2)     Every educational agency shall in addition to the norms specified in sub-rule (1) above ensure that the safety and security norms issued under the following Acts or Rules or Code or guidelines are followed by every private school or the teacher training institute scrupulously:-

(a)      the safety standards as per the National Building Code, 2005;

(b)      the Manual on Safety and Security of the children in schools developed by the National Commission for Protection of Child Rights;

(c)      the child safety policy evolved by the National Centre of Early Childhood Education (NCECE);

(d)      the guidelines issued by the National Disaster Management Authority to protect the children from the natural and man-made hazards like flood, fire, stampede etc;

(e)      the safety measures enumerated in the Model Education Code prepared by the National Institute for Educational Planning and Administration;

(f)       the guidelines issued by the Department of School Education and Literacy, Ministry of Education (MoE), Government of India;

(g)      the Motor Vehicles Act, 1988 (Central Act 59 of 1988 ) and the Tamil Nadu Motor Vehicles (Regulation and Control of School Buses) Special Rules, 2012;

(h)     the Tamil Nadu Urban Local Bodies (Regulation and Monitoring of Swimming Pools) Rules, 2015;

(i)       the Tamil Nadu Combined Development and Building Rules, 2019;

(j)       the Protection of Children from Sexual Offences Act, 2012 (Central Act 32 of 2012);

(k)      the Tamil Nadu Prohibition of Ragging Act, 1997 (Tamil Nadu Act 7 of 1997) and the Tamil Nadu Prohibition of Ragging Rules, 1999; and

(l)       the guidelines issued by the Government from time to time.

Rule - 39. Conferment of Minority Status

Any educational agency of a private school which claims minority status based on religion or language to a private school which has already been established and is being administered by such minority, shall apply to the Directorate of Minorities Welfare as per the norms specified by the Government in G.O.Ms.No.109, Backward Classes, Most Backward Classes and Minorities Welfare Department, dated 29.12.2022.

Rule - 40. Transaction in property of a private school

(1)     No immovable property of a private school shall be transferred without obtaining prior permission of the competent authority which has granted the certificate of recognition.

(2)     Movable properties shall be sold only through public auction preceded by wide publicity. Records of such public auction shall be duly maintained and submitted for inspection, whenever required. The sale proceeds shall be duly credited into the school accounts.

Rule - 41. Parent Teacher Association

(A)     Composition of the Parent Teacher Association.-

(1)     Every private school shall form a Parent Teacher Association (PTA) at school level.

(2)     The term of the members of the PTA shall be three years or till the wards of the parents who are the members of the PTA leave the school, whichever is earlier.

(3)     The Secretary of the PTA who is the Head Master or the Principal, District Institute of Education and Training shall be the convener of the PTA

(4)     Only the parent or the guardian of the pupils studying in the school shall be elected as the office bearers of the PTA.

(B)     The Functions of the Parent Teacher Association.-

(1)     The PTA shall follow the guidelines or byelaws issued by the State Parent Teacher Association, from time to time. The PTA shall also perform the following functions with reference to the safety and security of the pupils in school as prescribed by the Government of India, Ministry of Human Resource Development, Department of School Education and Literacy, namely:-

(a)      conduct periodical meetings atleast once in a month and the minutes or the discussions of the meeting shall be properly recorded and made available to the Head Master to host in the school website and notice board for the information of the parents;

(b)      receive suggestions from the parents or the guardians on the safety measures;

(c)      carryout inspection of the school using checklist provided in the National Commission for Protection of Child Rights (NCPCR) Manual and suggest appropriate measures;

(d)      constitute Anti-bullying Committee in the school, comprising of Vice Principal, a Senior teacher, School Doctor, Counsellor, representative of the School Management Committee or the Parent Teacher Association, Legal representative, Peer Educators etc;

(e)      discuss the decisions taken in the meeting by the Anti-Bullying Committee and the Grievance Committee for Child Sexual Abuse (CSA);

(f)       develop bullying prevention programmes and create awareness;

(g)      analyze and identify the current safety and security measures within the schooling system and rectify the same; and

(h)     perform any other function as notified or prescribed by the State Government, Central Government, affiliating body or by the competent authority, from time to time.

(2)     The Secretary of the school committee or the management of the school shall be made responsible for compliance of the manual which shall be discussed in the review meetings.

(3)     In case of sexual offence against the pupils in the school premises or the school transport during school hours or after or before it, and the school committee or the management of the school fails to report the commission of the offence under sub-section (1) of section 19 of the Protection of Children from Sexual Offences Act, 2012,(Central Act 32 of 2012), action against the school committee or the management of the school may be taken under the said Act.

Rule - 42. Registers and records to be maintained

Every private school shall maintain such registers and records, as specified in Annexure-VII.

 

APPENDIX

FORM I – A

[see rule 5(1)]

APPLICATION FOR PERMISSION TO ESTABLISH A SELF FINANCING PRIVATE SCHOOL

DECLARATION

I declare that the particulars furnished above are true to the best of my knowledge and belief.

I also declare that I will abide by the provisions of the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019), the rules made thereunder and instructions of the department from time to time.

Place: Signature of the person duly authorized

Date : by the educational agency

FORM I – B

[see rule 5(2)]

APPLICATION FOR UPGRADATION OF AN EXISTING SCHOOL

DECLARATION

I declare that the particulars furnished above are true to the best of my knowledge and belief.

I also declare that I will abide by the provisions of the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019), the rules made thereunder and instructions of the department from time to time.

Place: Signature of the person duly authorized

Date : by the educational agency

 

FORM I – C

[see rule 5(2)]

APPLICATION FOR SHIFTING AN EXISTING SCHOOL FROM ONE PLACE TO ANOTHER PLACE

DECLARATION

I declare that the particulars furnished above are true to the best of my knowledge and belief.

I also declare that I will abide by the provisions of the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019), the rules made thereunder and instructions of the department from time to time.

Place: Signature of the person duly authorized

Date : by the educational agency

 

FORM I – D

[see rule 5(2)]

APPLICATION FOR MERGER OF SCHOOLS

DECLARATION

I declare that the particulars furnished above are true to the best of my knowledge and belief.

I also declare that I will abide by the provisions of the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019), the rules made thereunder and instructions of the department from time to time.

Place: Signature of the person duly authorized

Date : by the educational agency

FORM I – E

[see rule 5(2)]

APPLICATION FOR BIFURCATION OF AN EXISTING SCHOOL

DECLARATION

I declare that the particulars furnished above are true to the best of my knowledge and belief.

I also declare that I will abide by the provisions of the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019), the rules made thereunder and instructions of the department from time to time.

Place: Signature of the person duly authorized

Date : by the educational agency

FORM I – F

[see rule 13(1)]

APPLICATION FOR OPENING ADDITIONAL SECTION(S) OR INTRODUCING NEW GROUP(S) / MEDIUM OF INSTRUCTION IN AN EXISTING SCHOOL

DECLARATION

I declare that the particulars furnished above are true to the best of my knowledge and belief.

I also declare that I will abide by the provisions of the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019), the rules made thereunder and instructions of the department from time to time.

Place: Signature of the person duly authorized

Date : by the educational agency

FORM II – A

[see rule 8(1)]

APPLICATION FOR GRANT OF CERTIFICATE OF RECOGNITION

DECLARATION

I declare that the particulars furnished above are true to the best of my knowledge and belief.

I also declare that I will abide by the provisions of the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019), the rules made thereunder and instructions of the department from time to time.

Place: Signature of the person duly authorized

Date : by the educational agency

FORM II – B

[see rule 9(1)]

APPLICATION FOR RENEWAL OF CERTIFICATE OF RECOGNITION

DECLARATION

I declare that the particulars furnished above are true to the best of my knowledge and belief.

I also declare that I will abide by the provisions of the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019), the rules made thereunder and instructions of the department from time to time.

Place: Signature of the person duly authorized

Date : by the educational agency

 

FORM III – A

[see rule 8(7)]

CERTIFICATE OF RECOGNITION

Proceeding No..................... (Competent Authority) dated .....................

Sub.: School Education - Private Schools - Grant of certificate of recognition under rule 8 of the Tamil Nadu Private Schools (Regulation) Rules, 2022 - Regarding.

Ref.: 1.Application dated ..................... from the Secretary ..................... (School) for grant of certificate of recognition.

2.Letter Rc. No __________ dated _______ of the Inspecting Officer

****

(1)     The application received from the Secretary of ..................... (School) for the grant of certificate of recognition for standards from..................... to ..................... has been considered along with the documents and site visit report. The competent authority having been satisfied that the educational agency has fulfilled the conditions prescribed for the grant of certificate of recognition, hereby grants the certificate of recognition to the above said school for standards from.....................to ..................... for the period from ..................... to .....................

(2)     The above recognition is subject to the following conditions:-

(i)       the educational agency shall always keep the Structural Stability Certificate, Building Licence, Sanitary Certificate, No Objection Certificate issued by the Fire and Rescue Services department duly renewed and has validity currently;

(ii)      the educational agency shall abide by the provisions contained in the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019) and the rules framed thereunder;

(iii)     the educational agency shall abide by all the orders and instructions issued by the authorities concerned from time to time;

(iv)    the educational agency shall abide by the provisions contained in the Tamil Nadu Tamil Learning Act, 2006 (Tamil Nadu Act 13 of 2006) and the rules framed thereunder;

(v)      the educational agency shall abide by the provisions contained in the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 (Tamil Nadu Act 22 of 2009) and the rules framed thereunder;

(vi)    the educational agency shall abide by the provisions contained in the Right of Children to Free and Compulsory Education Act, 2009 (Central Act 35 of 2009) and the Tamil Nadu Right of Children to Free and Compulsory Education Rules, 2011.

(3)     If it is found at any point of time that the educational agency has violated any of the conditions prescribed for recognition or any of the provisions of the above said Acts and Rules, the certificate of recognition granted shall be liable to be withdrawn permanently.

(4)     #The competent authority also affiliates the above said school to the State Board of School Education

NB #applicable only to the schools following the State Board of School Education syllabus

(5)     The receipt of the proceedings shall be acknowledged.

Signature and designation of the competent authority

To

The Secretary,

.....................School

Copy to

The Inspecting Officer

 

FORM III-B

[see rule 9]

RENEWAL OF CERTIFICATE OF RECOGNITION

Proceeding No ..................... (Competent Authority) dated .....................

Sub.: School Education - Private Schools - Renewal of certificate of recognition under rule 9 of the Tamil Nadu Private Schools (Regulation) Rules, 2022 - Regarding.

Ref.: 1.Application dated..................... from the Secretary..................... (School) for renewal of certificate of recognition.

2.Letter Rc. No __________ dated _______ of the Inspecting Officer

***

(1)     The application received from the Secretary of ..................... (School) for the renewal of certificate of recognition for standards from..................... to ..................... has been considered along with the documents and site visit report. The competent authority having been satisfied that the educational agency has fulfilled all the conditions prescribed for the renewal of certificate of recognition hereby renews the certificate of recognition to the above said school for **standards from.....................to .....................for the period from ..................... to .....................

(2)     The renewal of certificate of recognition is subject to the following conditions:-

(i)       the educational agency shall always keep the Structural Stability Certificate, Building Licence, Sanitary Certificate, No Objection Certificate issued by the Fire and Rescue Services department duly renewed and has validity currently;

(ii)      the educational agency shall abide by the provisions contained in the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019) and the rules framed thereunder;

(iii)     the educational agency shall abide by all the orders and instructions issued by the authorities concerned from time to time;

(iv)    the educational agency shall abide by the provisions contained in the Tamil Nadu Tamil Learning Act, 2006 (Tamil Nadu Act 13 of 2006) and the rules framed thereunder;

(v)      the educational agency shall abide by the provisions contained in the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 (Tamil Nadu Act 22 of 2009) and the rules framed thereunder;

(vi)    the educational agency shall abide by the provisions contained in the Right of Children to Free and Compulsory Education Act, 2009 (Central Act 35 of 2009) and the Tamil Nadu Right of Children to Free and Compulsory Education Rules, 2011.

(3)     If it is found at any point of time that the educational agency has violated any of the conditions prescribed for recognition or any of the provisions of the above said Acts and Rules, the certificate of recognition granted is liable to be withdrawn.

NB **(in the case of aided school , the standard / section / group receiving aid shall be specifically mentioned)

(4)     The receipt of the proceedings shall be acknowledged.

Signature and designation of the competent authority

To

The Secretary,

.....................School

Copy to

The Inspecting Offcier

FORM IV

[see rule 16(2)]

NOTICE BY THE EDUCATIONAL AGENCY FOR CLOSURE OF SCHOOL /CLASS / COURSE / MEDIUM OF INSTRUCTION.

NB * - Applicable only for aided schools

 

DECLARATION

I declare that the particulars furnished above are true to the best of my knowledge and belief.

I also declare that I will abide by the provisions of the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019), the rules made thereunder and instructions of the department from time to time.

Place: Signature of the person duly authorized

Date : by the educational agency

 

FORM V

[see rule 37(2)]

APPLICATION FOR APPROVAL OF TRANSFER OF MANAGEMENT OF THE SCHOOL

 

DECLARATION

I declare that the particulars furnished above are true to the best of my knowledge and belief.

I also declare that I will abide by the provisions of the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019), the rules made there under and instructions of the department from time to time.

Place:

Date :

Signature of the person

duly authorised by the

transferor educational agency

Signature of the person

duly authorised by the

transferee educational agency

FORM VI-A

[see rule 28(7)]

AGREEMENT TO BE EXECUTED BETWEEN THE SCHOOL COMMITTEE AND THE PERMANENT STAFF

Agreement made this ________________day of ___________ (month) Two Thousand ______________ between the School Committee _________(school) on the ONE PART and ___________ (employee) on the OTHER PART.

WHEREAS the school committee has agreed to appoint the said Thiru/Thirumathi/Selvi _______________to serve in the _____________(school), in the post of ___________________(designation) with the pay and allowances herein after mentioned.

AND WHEREAS, the said Thiru / Thirumathi / Selvi __________ has agreed to take up appointment as ______________ (designation) in the _________________ (school).

Now these presents witness and the parties hereto do hereby agree as follows:-

(1)     That the school committee shall employ the said Thiru/Thirumathi/Selvi ___________ as _____________ (designation) and the said employee shall serve in the __________(school) from the date of his taking charge of such appointment until such employment is determined as hereinafter provided.

(2)     That the said employee shall be on probation for a period of two years within a continuous period of three years from the date on which he joins duty. The school committee may however extend the period of probation for a further period, in any case not exceeding two years, for reasons to be recorded in writing.

(3)     If no orders extending the period of probation are passed within six months after the completion of the period of probation, the said employee shall be deemed to have completed his probation.

(4)     That the said employee shall conduct himself honestly, efficiently and diligently under the orders and instructions of the Head Master or the school committee.

(5)     That the said employee shall not normally or on any pretence absent himself from duty without the prior permission of the Head Master. In case of sickness or other inevitable genuine causes, he shall forward the medical certificate obtained from the registered medical practitioner or send a communication to the Head Master explaining the reason for his absence.

(6)     That the said employee shall devote his whole time to the duties cast upon the post and shall not on his own account or otherwise either directly or indirectly carry on or be concerned with any trade, business or canvassing work, private tuition or the like of a remunerative kind.

(7)     That the said employee and the school committee shall conform to all the provisions of the Tamil Nadu Private Schools (Regulation) Act, 2018 (Tamil Nadu Act 35 of 2019) and the rules made thereunder.

(8)     That the school committee shall not impose any major penalty on the employee consequent on any disciplinary proceedings initiated against him under rule 28 without following the procedure contemplated therein.

(9)     The school committee shall at any time if it is satisfied on medical evidence that the said employee is unfit to discharge his duties for reasons of ill health, terminate his services on paying him three months pay and allowances less any amount which might have been paid to him as leave pay, after his discharge from duty.

(10)   That the said employee shall be entitled to resign by giving three months notice thereof in writing to the school committee or by paying the school committee three months pay and allowances in lieu thereof. In case of a probationer, the period of notice or the pay and allowances in lieu thereof shall be two months

(11)   That the school committee may impose any of the penalties prescribed in sub-rule (1) of rule 28 for any irregularity or breach of the Code of Conduct after affording him an opportunity of making a representation.

(12)   Entries shall be made in the service register of the said employee in respect of penalties imposed. Such entries shall be made only after the appeal, if any, preferred by the said employee is disposed of by the appellate authority specified in these rules.

(13)   That the said employee appointed against a sanctioned post shall be paid a sum of Rs.________ per month as grant and the other admissible allowances as sanctioned by the Government from time to time, with effect from _______________

(14)   Such employee shall also be entitled to annual increments as sanctioned by the Government from time to time.

In witness whereof the school committee and __________ (employee) have hereunto set their hands.

Signature of the Secretary of the school committee

In the presence of :

First Witness:

Signature ___________

Name ______________

Address ____________

Occupation ___________

Second Witness:-

Signature ___________

Name ______________

Address ____________

Occupation ___________

Signature of the staff

In the presence of:

First Witness:

Signature ___________

Name ______________

Address ____________

Occupation ___________

Second Witness:-

Signature ___________

Name ______________

Address ____________

Occupation ___________

FORM VI-B

[see rule 28(7)]

AGREEMENT TO BE EXECUTED BETWEEN THE SCHOOL COMMITTEE AND THE TEMPORARY STAFF

Agreement made this ______________ day of ___________ (month) Two Thousand and _____________ between the school committee __________ (school) on the ONE PART and ___________ (employee) on the OTHER PART;

WHEREAS, the school committee has agreed to engage the said Thiru / Thirumathi / Selvi __________ to serve in the ___________ (school) in the post of __________ (designation)purely on temporary basis for the period from .................. to .................. with the pay and allowances hereinafter mentioned.

AND WHEREAS, the said Thiru / Thirumathi / Selvi __________ has agreed to serve as ______________(designation) in the _____________ (School).

Now these presents witness and the parties hereto do hereby agree as follows:-

(1)     That the school committee shall engage the said Thiru / Thirumathi / Selvi__________as________________ (Designation) and the said employee shall serve in __________(school) purely on temporary basis from the date of his taking charge as __________(Designation) on _____________ until such appointment is determined as hereinafter provided.

(2)     That the said employee shall conduct himself honestly, efficiently and diligently under the orders and instructions of the Head Master or the school committee.

(3)     That the said employee shall not normally or on any pretence absent himself from duty without the prior permission of the Head Master. In case of sickness or other inevitable genuine causes, he shall produce the medical certificate obtained from the registered medical practitioner or send a communication to the Head Master explaining the reason for his absence.

(4)     That the said employee shall devote his whole time to the duties cast upon the post and shall not on his own account or otherwise either directly or indirectly carry on or be concerned with in any trade, business or canvassing work, private tuition or the like of a remunerative kind.

(5)     That the school committee shall have the right to discharge the said employee either at the end of the period for which he has been engaged or even prior to the end of that period without assigning any reason.

(6)     That the said employee, if he so desires may relinquish his right to continue in the said post either within the period for which he was engaged or at the end of the period of employment, if the period of employment is extended further for valid reason.

(7)     That the said employee shall be paid a sum of Rs. ________ per month as pay and other allowances with effect from the date on which he joins the post.

In witness whereof, the school committee ______ and ______ (name of the staff) have hereunto set their hands.

In the presence of:

Signature of the Secretary

of the school committee of the school.

First Witness:

Signature ___________

Name ______________

Address ____________

Occupation ___________

Second Witness:-

Signature ___________

Name ______________

Address ____________

Occupation ___________

In the presence of: Signature of the staff

First Witness:

Signature ___________

Name ______________

Address ____________

Occupation ___________

Second Witness:-

Signature ___________

Name ______________

Address ____________

Occupation __________

 

ANNEXURE I – A

[see rule - 2(b) and 2(f)]

LIST OF COMPETENT AUTHORITIES AND APPELLATE AUTHORITIES FOR AIDED SCHOOLS / TEACHER TRAINING INSTITUTES

N.B: In respect of matters where no appeal provision has been provided in the rules, the next higher authority to the authority who had issued the original orders shall be the appellate authority.

 

ANNEXURE 1- B

[see rule 2(b) and 2(f)]

LIST OF COMPETENT AUTHORITIES AND APPELLATE AUTHORITIES FOR SELF-FINANCING SCHOOLS / TEACHER TRAINING INSTITUTES

N.B: In respect of matters where no appeal provision has been provided in the rules, the next higher authority to the authority who had issued the original orders shall be the appellate authority.

 

ANNEXURE II

[see rule 8(6) (a)]

MINIMUM LAND REQUIREMENT

For play school and pre-primary school 1 ground and for Nursery & Primary school 3 grounds irrespective of the location of the school.

For Private Middle, High and Higher Secondary Schools

TABLE.

 

The above extent of land shall be contiguous, single plot of land.

Provided that school shall provide a minimum of 10 sq. ft. per pupil and 40 sq. ft. for a teacher in a classroom.

Provided that a maximum of 15 pupils shall be accommodated in a classroom for pre-kindergarten classes, 30 pupils in classes from kindergarten to 5th standard, 35 pupils in classes from 6th to 8th standard and 40 pupils in classes from 9th to 12th standard.

 

ANNEXURE III

 

[see rule 8(6)(a)]

INFRASTRUCTURE

(A)     Class Rooms

(i)       Minimum area should be 400 sq.ft;

(ii)      There should be one room for each class;

(iii)     Minimum floor space should be at least 10 sq.ft. per pupil and 40 sq.ft for a teacher in a class room.

(B)     Science Laboratory

(i)       Minimum area of composite laboratory for High School should be 400sq.ft;

(ii)      Minimum area of Physics, Chemistry and Biology laboratory for Higher Secondary School should be each 400 sq.ft and should be fully equipped.

(C)     Library

Minimum area should be 400 sq.ft and fully equipped with reading room facility and other resources to cater to the strength of the pupils in the school.

The library should have books, maps, geographical models, teaching aids, audio and video cassettes besides journals and dailies. A High School library should have a minimum of 1500 books and a Higher Secondary School should have a minimum of 3000 books.

(D)     Computer Laboratory

(i)       Minimum area of computer laboratory should be 400 sq.ft;

(ii)      The school should have internet connectivity with good speed;

(iii)     There should be a minimum of one laboratory if the strength of the pupils is upto 800 and one more laboratory should be provided for every additional strength of the pupils over and above 800 upto the next 800 and so on.

If the school is offering any subject related to Computer Science or Information Technology at Higher Secondary level, it should have a separate laboratory with adequate provisions for the same;

(iv)    There should be computer laboratory for Middle, High and Higher Secondary School.

(E)     Room for extracurricular activities.

One multipurpose hall with a minimum of 400 sq.ft area should be provided for the extracurricular activities.

(F)      Playground

Adequate space for playground shall be provided as part of the school campus and if enough space is not available the school committee or the school management, as the case may be, shall make adequate arrangements for taking the pupils to an adjoining Corporation or Municipal or Village Panchayat area or park or playground for outdoor games and other physical activities keeping in mind the safety of the pupils.

(G)     Drinking Water, Toilets and other Physical Facilities.

(i)       The school should provide adequate facilities for potable drinking water in each floor;

(ii)      The school should provide clean, healthy and hygienic toilets in each floor with washing facilities for boys and girls separately in the ratio of one toilet for every 50 children, one urinal for every 20 children, one hand wash tap for every 20 children and one drinking water tap for every 20 children;

(iii)     The toilets for the primary level pupils should be separate from other toilets;

(iv)    Separate toilets for boys and girls should be provided;

(v)      There should be separate toilets for staff members;

(vi)    Signage Boards should be displayed prominently;

(vii)   The school should provide proper facilities like ramps in toilets and at every entry or exit point for wheelchair users;

(viii)  The school should provide auditory signals in elevators or lifts in accordance with the provisions laid down in the Rights of Persons with Disabilities Act, 2016 (Central Act 49 of 2016);

(ix)    The school should have adequate furniture in the class rooms proportionate to the strength of the pupils and the staff;

(x)      The school should have adequate equipments and facilities as per the syllabus prescribed for Science, Home Science and Technical subjects, Vocational subjects and various activities under Work Experience and Art Education etc;

(xi)    The school should have adequate facilities,-

(a)      for providing recreation activities and physical education;

(b)      for conducting various activities and programs for educational, social, cultural and moral development of the pupils; and

(c)      for safeguarding the health of the pupils.

 

ANNEXURE IV-A

[see rule 28(4)(b)]

(A)     MINIMUM QUALIFICATIONS FOR THE TEACHING STAFF OF PRIVATE SCHOOL

N.B: In so far as Play School is concerned, that teacher shall have the Minimum Educational Qualification of plus two from a recognised institution, with Diploma in D.T.Ed / D.E.Ed / or B.Ed or Certificate from any recognised institution on dynamics of Child behaviour or connected discipline.

(B)     MINIMUM QUALIFICATIONS FOR THE TEACHING STAFF OF TEACHER TRAINING INSTITUTE

 

ANNEXURE IV-B

[see rule 28(4)(a) and (b)]

(A)     MINIMUM QUALIFICATIONS FOR THE NON-TEACHING STAFF OF AIDED PRIVATE SCHOOL

 

(B)     MINIMUM QUALIFICATIONS FOR THE NON TEACHING STAFF OF AIDED TEACHER TRAINING INSTITUTE

 

ANNEXURE-V

[see rule 28(5)]

METHOD OF APPOINTMENTS - AIDED PRIVATE SCHOOLS

NB:

In so for as Teacher Training Institute is concerned, the post of watchman shall be filled up through outsourcing and salary shall be paid by the management.

 

ANNEXURE – VI

[See rule 33(3)]

PAYMENT OF GRANT

(1)     The grants payable to the aided private school are as follows:-

(a)      Staff Grant.- The educational agency of every aided private High and Higher Secondary School shall be paid full grant towards the entire approved expenditure on pay and other allowances of the staff including the contingent staff.

(b)      Teaching Grant.-

(i)       The educational agency of every aided private Pre-Primary, Primary, Middle School shall be paid full grant towards the entire approved expenditure on pay and other allowances of the staff including the contingent staff;

(ii)      The Teacher Training Institute shall be paid such teaching grant which shall be assessed on the basis of two-thirds of the net approved expenditure on pay to the staff, rent, taxes, repair and contingencies and half of the expenditure on Dearness Allowance, City Compensatory Allowance and House Rent Allowance;

(iii)     The Anglo-Indian Schools shall be paid teaching grant. Such grant shall be assessed on the basis of the approved expenditure on pay and allowances to the staff, rent, taxes, repairs and contingencies after deducting the actual income by way of collection of fees.

(c)      Maintenance Grant.- The maintenance grant shall be paid to the Pre-Primary, Primary and Middle Schools at such percentage of the teaching grant as may be fixed by the Government from time to time.

(2)     Procedure for sanction of teaching grant and staff grant in aided private Schools or Teacher Training Institutes.-

(a)      Pre-Primary Schools.- The Pre-Primary Schools shall be paid teaching grant. The Secretary of the school committee shall submit yearly statement containing the details of teachers, their pay and allowances which is audited by the departmental audit authority to the District Educational Officer (Elementary) through the Block Educational Officer concerned. The grant to be paid shall be assessed by the District Educational Officer (Elementary) concerned on the basis of the Audit report. The Director of Elementary Education shall allocate the funds to the respective District Educational Officer (Elementary) from the budgetary allocation to the Directorate for this purpose. The District Educational Officer (Elementary) shall reallocate the funds to the Block Educational Officer. The Block Educational Officer shall sanction teaching grant to the schools at the end of the financial year through the Treasury officer concerned;

(b)      Primary and Middle Schools.- The Secretary of the school committee shall submit a monthly statement containing the details of teachers and other non-teaching staff, their pay and allowances, etc., to the Block Educational Officer.

The Block Educational Officer, after scrutiny of the statement, shall release the teaching grant to the school, marking a copy of the sanction order to the Secretary of the school committee and to the Treasury Officer. At the end of the calendar year, the District Educational Officer (Elementary) shall convene a meeting of all Block Educational Officers and verify whether the teaching grant hitherto released by the Block Educational Officer is in accordance with the instructions issued by the Government and after verification, assess the final teaching grant for each school. Any excess or shortfall in the payment of grant shall be made good before releasing the final teaching grant along with the maintenance grant;

(c)      High and Higher Secondary Schools.- The Secretary of the school committee of the High and Higher Secondary Schools shall apply for release of staff grant before the 20th day of every month to the District Educational Officer (Secondary). The application shall be accompanied by a detailed statement showing the staff employed in the school and their attendance. The statement shall be signed by both the Headmaster and the Secretary or management of the school. Based on the statement furnished by the Secretary of the school committee, the District Educational Officer (Secondary) shall sanction the staff grant in the specified bill form, before the 25thday of every month and release the grant to the concerned school through the Treasury officer concerned;

(d)      Anglo Indian Schools.- The teaching grant shall be assessed on the basis of the approved expenditure on pay and allowances to the staff, rent, taxes, repairs and contingencies after deducting the actual income by way of collection of fee from the students. The yearly financial statement of the schools shall be audited by the Financial Adviser and Chief Accounts Officer of the Directorate of School Education. The audit authorities shall submit the audit report to the Joint Director (Higher Secondary) for sanction of teaching grant. The Joint Director (Higher Secondary) shall sanction the teaching grant to each and every school from the budgetary allocation made for this purpose. Based on the sanction order, the District Educational Officer (Elementary) of Chennai district will release the grant to the concerned schools through the Treasury Officer of the concerned District;

(e)      Teacher Training Institute.- The Secretary of the school committee shall submit a financial statement every year to the Director, State Council of Education Research and Training through the Principal, the District Institute of Educational and Training. The auditors of the department will verify and certify as to the correctness of the statement. After verification, the teaching grant will be sanctioned once in a year to the Teacher Training Institute.

The sanctioning authority shall be the Director, State Council of Education Research and Training.

(3)     Before releasing the teaching grant or the staff grant, the Block Educational Officer or the concerned District Educational Officer or the Director, State Council of Education Research and Training will verify and satisfy himself as to whether the appointments made by the school committee are in accordance with these rules and the Government orders in force and whether sanction of grant has been accorded by the competent authority.

 

ANNEXURE-VII

[see rule 42]

LIST OF REGISTERS AND RECORDS TO BE MAINTAINED IN THE PRIVATE SCHOOLS / TEACHER TRAINING INSTITUTES

          (I)            All Schools / Teacher Training Institutes (Aided and Unaided)

(1)     Register of admissions and withdrawals

(2)     Attendance register of the pupils

(3)     Attendance register of Teaching & Non-teaching staff

(4)     Medical inspection register

(5)     Acquittance register - Teaching & Non-teaching staff

(6)     Leave Register

(7)     Stock register

(8)     Inspection Book

(9)     Visitors Book

(10)   Consolidated time table

(11)   Consolidated mark register

(12)   Register of differently abled children

(13)   Hand book of school statistics

(14)   Counterfoils of Transfer Certificates issued

(15)   Receipt book

(16)   Register of admission made following the rule of reservation(HSS only)

(17)   Cash book

(18)   Ledger

(19)   Log Book

(20)   Register for Parent Teacher Association

(21)   Register for Circulars

(22)   Register for Training attended by the teacher

(23)   Register for Scouts, Guides, NSS, NCC and other club activities.

(24)   Issue Register

(25)   Movement Register

(26)   Minutes book of the school committee

(27)   Service Records of Teaching and Non Teaching staff

(28)   Register showing issue of Certificate of Recognition

         (II)            In addition, the schools or Teacher Training Institutes shall maintain the following records.

(a)      Aided Schools or Teacher Training Institutes

(1)     Scale register

(2)     Census register (School age pupils)

(3)     Register of scholarship and acquittance

(4)     Register of Welfare Schemes for the pupils

(5)     Register showing the Roster followed in the appointments

(b)      Unaided Schools

(1)     Register pertaining to the admission of the pupils made under 25% quota as per section 12 (1) (c) of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act 35 of 2009) and the rules made thereunder and Re-imbursement claim Register.

(2)     Fee collection register.

       (III)            Teacher Training Institute (Aided and Un aided)

Fee Collection Register

       (IV)            Anglo Indian Schools

Fee Collection Register