HARYANA SCHOOL EDUCATION ACT, 1995
Received the assent of the President of India on the 4th May, 1999 and was published in the Haryana Gazette, (Extraordinary) Legislative Supplement, Part I, dated 4th June, 1999.
An Act to provide for better organisation and development of school education in the State of Haryana and for matters connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Haryana in the forty-sixth Year of the Republic of India as follows :-
(1) This Act may be called the Haryana School Education Act, 1995.
(2) It extends to the whole of the State of Haryana.
(3) It shall come into force on such date, as the State Government may, by notification, appoint and different dates may be appointed for different provisions of this Act, and any reference to the commencement of this Act in relation to any provision thereof shall be construed as a reference to the date on which that provision comes into force.
In this Act, unless the context otherwise requires, -
(a) "affiliation" means formal enrolment of a school among the list of approved schools of a Board or Council for Indian School Certificate Examination, following prescribed/approved courses of studies upto class VIII, X and XII as well as those preparing students according to prescribed courses for the Board's examinations or Council for Indian School Certificate Examinations;
(b) "aid" means any aid granted to a recognised school by the Government, a local authority or any other authority designated by the Government, Director or a local authority;
(c) "aided school" means a recognised private school which is receiving aid in the form of grant from the Government;
(d) "appropriate authority" means, -
(i) in the case of a school recognised or to be recognised by an authority designated or sponsored by th
(1) The Government may regulate education in all schools in the State in accordance with the provisions of this Act and the rules made thereunder.
(2) The Government may establish and maintain any school in the State or may permit any person or local authority to establish and maintain any school in the State, subject to the provisions of this Act and rules made thereunder.
(3) The establishment of a new school or the opening of a higher class or the closing down of existing class in the State, after the commencement of this Act and subject to the provisions of clause (1) of Article 30 of the Constitution of India, shall be subject to the provisions of this Act and the rules made thereunder and any new school or higher class established or opened otherwise than in accordance with the provisions of this Act, shall not be recognised by the appropriate authority.
(1) The appropriate authority may, on an application made to it in the prescribed form and in the prescribed manner, recognise any private school :
Provided that no school shall be recognised unless :-
(a) it has adequate funds to ensure its financial stability and regular payment of salary and allowances to its employees;
(b) it has a duly approved scheme of management as required under Section 5 of this Act;
(c) it has suitable or adequate accommodation and sanitary facilities having regard, among other factors, to the number, age and sex of the pupils attending it;
(d) it provides for approved courses of study and efficient instructions;
(e) it has teachers with prescribed qualifications; and
(f) it has the prescribed facilities for physical education, library service, laboratory works, workship practice and co-c
(1) Notwithstanding anything contained in any other law for the time being in force or in any instrument having effect by virtue of any such law, the managing committee of every recognised school shall make, in accordance with the rules made under this Act and with the previous approval of the appropriate authority, a scheme of management for such school :
Provided that in the case of a recognised private school which does not receive any aid, the scheme of management shall apply with such variations and modifications as may be prescribed :
Provided further that so much of this sub-section as relates to the previous approval of the appropriate authority, shall not apply to a scheme of management for un-aided minority school.
(2) A scheme may be made, in like manner, to add to, vary or modify any scheme made under sub-section (1).
(1) The Government may pay to the prescribed authority, for disbursement of aid to recognised private schools such sums of money as the Government may consider necessary :
Provided that the schools already under grant-in-aid system, shall continue to receive such grant provided that they comply with the conditions as specified under sub-sections (1) to (5) of this section.
(2) The authority competent to grant the aid may stop, reduce or suspend aid for violation of any of the conditions prescribed in this behalf.
(3) The aid may cover such part of the expenditure of the school as may be prescribed.
(4) No payment, out of the aid given for salary, allowances and provident fund of employees of the school, shall be made for any other purpose.
(5) No un-recognised school shall be eligible to receive any aid or any benefit made available to private school by the G
(1) The management of every aided school shall furnish to the appropriate authority annually, a statement containing a list of school property together with such particulars as may be prescribed.
(2) Notwithstanding anything contained in any other law for the time being in force, no transfer, mortgage or lease of any movable or immovable property of an aided school, not being the property specified in the rules, shall be made except with the previous permission of the appropriate authority :
Provided that where the appropriate authority omits or fails to dispose of the application for such permission within ninety days from the date of receipt of the application in this behalf, the permission shall, on the expiry of the said period of ninety days, be deemed to have been granted.
(3) Any person aggrieved by the grant or refusal of permission under sub-section (2) may prefer, in such form and within such
(1) The Government may makes rules regulating :-
(a) uniform code of service rules for employees in the State relating to pay, allowances, dismissal, removal, suspension, leave, conduct and discipline, provident fund, travelling allowance and other cognate matter;
(b) essential qualifications for various classes of employees; and
(c) uniform scales of pay for various classes of employees :
Provided that the Government may exempt any aided school or class of an aided school from operation of the provisions of this section for such period as it may think fit on grounds of economic capacity thereof.
(2) Subject to any rules that may be made in this behalf no employee of a recognised private aided schools shall be dismissed, removed or reduced in rank nor shall his services otherwise terminated except with the prior approval of the Director or his nominee :
Every employee of an aided school shall be governed by such code of conduct as may be prescribed and on the violation of any provision of such code of conduct, the employee shall be liable to such disciplinary action as may be prescribed.
(1) If the Director is satisfied that the managing committee or the manager has indulged in any financial irregularity or administrative mismanagement or neglected to perform any of his duties imposed on it by or under this Act or any rule made thereunder and that it is expedient in the interest of school education, to take over the management of such school, he may after giving the managing committee or the manager of such school, a reasonable opportunity of showing cause against the proposed action, take over the management of such school for a limited period not exceeding two years :
Provided that where the management of a school has been taken over for a period of two years or less, the Director may, if he is of the opinion that in order to secure proper management of the school it is expedient that such management should continue to be in force after the expiry of said limited period he may from time to time, issue directions for the contin
Nothing contained in Section 10 shall apply to aided minority school.
The Government may make rules regulating the minimum qualifications for and method of recruitment of employees of unaided minority schools, provided that no qualifications shall be varied to the disadvantage of an existing employee of such schools.
Every employee of un-aided minority schools shall be governed by such code of conduct as may be prescribed.
The managing committee of every un-aided minority school shall enter into a written contract of service with every employee of such school under Section 20 of this Act.
(1) A child who has not attained the age of five years shall not be admitted to class one or any equivalent class or any class higher than one in recognised school.
(2) A child seeking admission for the first time in a recognised school in a class higher than class one shall not be admitted to that class if his age reduced by the number of years of normal school study between that class and class one or an equivalent class, falls short of five years.
(3) Admission to recognised schools or to any class thereof, shall be regulated by rules made in this behalf.
(1) No aided school shall levy fee or collect any other charge or receive any other payment except those specified by the Director.
(2) Every aided school having different rates of fees or other charges or different funds shall obtain prior approval of the prescribed authority before levying such fees or collecting such charges or creating such funds.
(3) The Manager of every recognised school shall, before the commencement of each academic session, file with the Director a full statement of the fees to be levied by such school during the ensuing academic session, and except with the prior approval of the Director no such school shall charge, during that academic session, any fee in excess of the fee specified by its Manager in the said statement. Such fee should commensurate with the facilities provided by such school.
(4) No other charges shall be taken from the children except those approved by the
(1) In every aided school, there shall be a fund, to be called as the school fund which shall include the following :
(a) any aid granted by the Government;
(b) income accruing to the school by way of fees, charges or payments; and
(c) any other contribution, sale of property, rent from property, endowments and the like.
(2) The school fund and all other funds including the pupils fund established with the approval of the Government, shall be accounted for and operated in accordance with the rules made under this Act.
(3) In every recognised un-aided school, there shall be a fund, to be called the "Recognised Un-aided School Fund".
It shall include the following :-
(a) fees;
(b) any charges and payment which may be realised, the school for other specified purposes; and
(c)
(1) For the purpose of any public examination, any aided middle, high or senior secondary school shall be affiliated to the Board of School Education, Haryana.
(2) For the purpose of any public examination every recognised high or senior secondary school other than those specified under sub-section (1), shall get affiliated with the Board or Council for Indian School Certificate Examinations for conducting such examination and shall fulfil the conditions specified by such Boards or Council, as the case may be. However, if any recognised school is de-recognised under sub-section (4) of Section 4 and clause (b) of sub-section (4) of Section 21, it will automatically stand disaffiliated from the Board or Council to which it was affiliated.
(3) The children of recognised senior secondary school, high school and middle school shall be prepared for and presented to the public examination or such other form of education held or ma
(1) The Government may delegate all or any of its powers, duties and functions under this Act to the Director or any other Officer.
(2) Every person to whom any power is delegated under sub-section (1), may exercise that power in the same manner and with the effect as if such power had been conferred on him directly by this Act and not by way of delegation.
(1) The Managing Committee of every recognised private school shall enter into a written contract of service with every employee of such school :
Provided that if, at the commencement of this Act, there is no written contract of service in relation to any existing employee of a recognised school, the Managing Committee of such school shall enter into such contract within a period of three months from the commencement of this Act :
Provided further that no contract referred to in the foregoing proviso shall vary to the disadvantage of any existing employee the term of any contract subsisting at the commencement of this Act between him and the school.
(2) A copy of every contract of service referred to in sub-section (1) shall be forwarded by the managing committee of the concerned recognised school to the Director who shall on receipt of such copy register it in such a manner as may be prescribed.
(1) Every recognised school shall be inspected at least once in each financial year in such manner as may be prescribed.
(2) The Director may also manage special inspection of any school on such aspects of its working as may, from time to time, be considered necessary by him.
(3) The Director may give directions to the managing committee requiring it to rectify the defects or deficiencies at the time of inspection or otherwise, in the working of the school.
(4) If the managing committee fails to comply with any directions given under sub-section (3), the Director may, after considering the explanation or report, if any, given or made by the managing committee, take such action as he may deem fit, including-
(a) stoppage of aid (in case of aided schools);
(b) withdrawal of recognition; or
(c) taking over of management.
No civil Court shall have jurisdiction in respect of any matter in relation to which the Government or the Director or any other person authorised by the Government or Director or any other officer or authority appointed or specified by or under this Act, is empowered by or under this Act to exercise any power, and no injunction shall be granted by any civil Court in respect of anything which is done or intended to be done by or under this Act.
No suit, prosecution or other legal proceeding shall lie against the Government, Director or any other person authorised by the Government or Director for any thing which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.
(1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely :-
(a) the manner in which education may be regulated by the Government in the State;
(b) the conditions which every existing school shall be required to comply with;
(c) establishment of a new school or the opening of a higher class or the closing down of an existing class in an existing school;
(d) the form and manner in which an application for recognition of a school shall be made;
(e) the facilities to be provided by a school to obtain recognition;
(f) the manner in which, and the authority to which, any appeal against the refusal, withdrawal
The Haryana Aided Schools (Security of Service) Act, 1971 (Haryana Act No. 10 of 1971), is hereby repealed.
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