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Amendment in Haryana School Education Act, 1995

(Amendment in Haryana School Education Act, 1995)

HARYANA GOVT. GAZ. (EXTRA), DEC 14, 2000(AGHN 23, 1922 SAKA)

(English version page 1102)

HARYANA GOVERNMENTEDUCATION DEPARTMENT

NotificationThe 14th December, 2000

No. S.O. 141/H.A. 12/1999/S. -In exercise of the powers conferredby Sub-section (3) of the Section 1 of the Haryana School Education Act,1995 (Act 12 of 1999) and all other powers enabling him in this behalf,the Governor of Haryana hereby appoints the date of publication of thisnotification in the official Gazette to be the date on which provisions ofSections 8 and 24 shall come into force.

PREM PRASHANT, Financial Commissioner and

Secretary to Government, Haryana, Education Department

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(Amendment in Haryana School Education Act, 1995)

HARYANA GOVT. GAZ. (EXTRA), JULY 20, 2001(ASAR 29, 1923 SAKA)

(English Version Page 598)


NotificationThe 20th July, 2001

No. S.O. 97/H.A. 12/1999/S. -In exercise of the powers conferred bySub-section (3) of the Section 1 of the Haryana School Education Act,1995 (Act 12 of 1999) and all other powers enabling him in this behalf,the Governor of Haryana hereby appoints the date of publication of thisnotification in the official Gazette to be the date on which provisions ofall Sections of the said Act, except Section 8 and 24 (which have alreadycome into force vide Haryana Government, Education Department,notification Bi, S,I, 141/H.A. 12/1999/S.I./2000, dated the 14thDecember, 2000) shall come into force.

P.K. CHAUDHARY, Commissioner and Secretary

to Government,Haryana, Education Department

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Amendment in Haryana School Education Act, 1995

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(1st Amendment of Haryana SchoolEducation Rules, 2003)

HARYANA GOVT. GAZ. (EXTRA),FEB. 20, 2004

(PHGN. 1, 1925 SAKA)(English Version Page 172 to 174)


NOTIFICATIONThe 20th Feb., 2004

No. SO 22/HA.12/1999/S.24/2004- Inexercise of the powers conferred by sub-section (1)read with sub-section (2) of section 24 of the HaryanaSchool Education Act, 1995 (Act 12 of 1999), andall other powers enabling him in this behalf, theGovernor of Haryana hereby makes the followingrules further to amend the Haryana SchoolEducation Rules, 2003, namely:-

1. (1) These rules may be called the HaryanaSchool Education (Amendment) Rules, 2004.

(2) They shall come into force on the dateof their publication in the official Gazette.

2. In the Haryana School Education Rules, 2003(hereinafter called the said rules), in rule 29, insub-rule (3), for the word “Department”, the words“appropriate authority” shall be substituted.

3. In the said rules, in rule 30,-(i) in sub-rule (1)-

(I) in clause (a), in sub-clause (ii), for

Amendment in Haryana School Education Rules, 2003

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the word “Director”, the words “appropriate authority” shall besubstituted;

(II) In clause (b), to sub-clause (i), thefollowing notes shall be added,namely:-

“Note-I:- A private school can be run in arented building on lease hold basiswith minimum of twenty yearsirrevocable lease deed providedsuch building fulfills the norms ofland and building as prescribedunder these rules.”

(ii) In sub-rule (2) the words “ or BankGuarantee” after the word “ pledgemoney” shall be inserted.

4. In the said rules, in rule 31, in sub-rule (1),-(i) for the words “ten months” the

words “six months” shall besubstituted;

(ii) the figures, letters and words “30thJune to” shall be omitted.

5. In the said rules, in rule 34,-A. in sub-rule (1) against figures I-V,

under heading “Appropriate authority”,the word “primary” shall be omitted;

B. in sub-rule (2), under heading “ForI-VIII class “ for the existing clauses(a), (b) , (c) and (d) and entries thereagainst, the following clauses andentries there against shall besubstituted, namely:-

“(a) Sub Divisional Officer (Civil) Chairman(b) District Education Officer Member-

Secretary


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(c) Executive Engineer of the Public Memberworks Department(Building and Roads)orhis representative not belowthe rank of Sub-DivisionalEngineer.”

6. In the said rules, in rule38,-(i) for sub-rule (1), the following sub-rule

shall be substituted, namely:-“(1) All existing schools shall be

required to submit application inForm-II prescribed for recognitionalongwith demand draft of Rs.1000-for Primary / Middle School andRs.2000/- for High/ SeniorSecondary School in favour ofDirector upto 31st March, 2004.Each school shall submit its plan forimproving its infrastructure whereit does not conform to the provisionsof these rules alongwith applicationspread over a period of two yearswhere specific milestone shall befixed for every six months.”;

(ii) in sub-rue (2), for the existing proviso,the following provisos shall besubstituted, namely:-

“Provided that when any such school does notsatisfy any of the conditions of recognition, theappropriate authority may require the school tosatisfy such conditions within two years and if anysuch condition is not satisfied the recognition shallbe withdrawn from such school:

Provided further that the norms for size of classrooms and number of class rooms of such schoolsshall be the same as used to be prescribed by theEducation Department for various categories in


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Government schools before the commencement ofthe Haryana School Education Rules, 2003.”

7. In the said rules, in rule 39, for the words”five years” , the words” ten years” shall besubstituted.

8. In the said rules, in rule 91,-(i) for sub-rule (5), the following sub-rule

shall be substituted, namely:-“(5) The benefit of leave encashment,

facilities of leave travel concession,bonus and medical reimbursementetc. shall be at the discretion of themanaging Committee. No grant-in-aid on this account shall bereimbursed by the Department.”;

(ii) after sub-rule (7), the following sub-ruleshall be added, namely:-

“(8) The maternity leave and miscarriageleave shall also be available to thefemale employees as perinstructions issued by theGovernment from time to time.”

9. In the said rules, in Chapter VII, after rule185, the following heading shall be inserted, namely:-

“C- GENERAL.”

M.L.TAYALFinancial Commissioner and

Secretary to Government,Haryana, Education Department.

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(2nd Amendment of Haryana School EducationRules, 2003)

HARYANA GOVT. GAZ. (EXTRA),AUG 11, 2004

(SRVN. 20, 1926 SAKA)(English version page 442)


NotificationThe 11th August, 2004

No.S.O.67/H.A.12/1999/S.24/2004-In exerciseof the powers conferred by sub-section (1) read withsub-section (2) of section 24 of the Haryana schoolEducation Act, 1995 (Act 12 of 1999), and all otherpowers enabling him in this behalf, the Governor ofHaryana hereby makes the following rules furtherto amend the Haryana School Education Rules, 2003,namely:-

1 (1) These rules may be called the HaryanaSchool Education (Second amendment) Rules, 2004.

(2) They shall come into force on the dateof their publication in the official gazette.

2. In the Haryana School Education Rules, 2003,after rule 194, the following rule shall be inserted,namely –

“194 A. Saving Clause.- Nothwithstandinganything contained in these rules, theGovernment may by general or specialorder, after recording its reasons and


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subject to such conditions, if any, as itmay impose, exempt any individual,firm, society/trust or institution or aclass of such individuals, firms,societies/trusts or institutions runningor desirous of running a school fromany of the provisions of these Rules.”

M.L. TayalFinancial Commissioner & Principal Secretary,Govt. of Haryana, Education Department,

Haryana, Chandigarh

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(3rd Amendment of Haryana School EducationRules, 2003)

HARYANA GOVT. GAZ. (EXTRA),JAN 19, 2007

(PAUS. 29, 1928 SAKA)(English version page 115 to 132)


NotificationThe 19th January, 2007

No.S.O.3/H.A. 12/1999/S.24/2007 - In exerciseof the powers conferred by sub-section (1) read withsub-section (2) of section 24 of the Haryana SchoolEducation Act, 1995 (Act 12 of 1999), the Governorof Haryana hereby makes the following rules,further to amend the Haryana School EducationRules, 2003, namely:—

1. (1) These rules may be called the HaryanaSchool Education (Amendment) Rules, 2007.

(2) They shall come into force with effectfrom 1st April, 2007.

2. In the Haryana School Education Rules,2003 (hereinafter called the said rules), in rule 2,after clause (e), the following clause shall be inserted,namely:—

“(ee)‘appropriate authority’ means theauthority declared by the central/stateGovernment under any law for the timebeing in force to register or issue acertificate for particular purpose;”.

3. In the said rules, for the words “DirectorPrimary Education” and “District Primary


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Education Officer”, wherever occurring, the wordsand signs, “Director Elementary Education” and“Additional District Education Officer”, as the casemay be, shall respectively be substituted.

4. In the said rules, for rule 3, the followingrule shall be substituted, namely:—

“3 Regulation of education in schools.sections 3 and 24(2) (a)—

(1) No school in the State can function,establish or start classes without theprior approval or permission of theDirector. Every school established byany individual or association ofindividuals or firm or society or trustor company, shall follow the normsspecified under these rules. Any act ordisobedience on the part of the schoolmanaging committee contrary to theprovisions of these rules shall make itliable,—

(i) to discontinue the functioning ofsuch schools;

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

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

(2) Before taking any such action undersub-rule (1), a fifteen days notice shall be given tothe managing committee to explain their positionregarding the aforesaid notice. On receipt of reply


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and after giving a personal hearing, if required,Director shall be competent to take any of the actionagainst the managing committee under these rules.”.

5. In the said rules, in rule 4, in clause (a),after sub-clause (v), the following sub-clauses shallbe added, namely:—

“(vi) Boys school, that is to say, a school inwhich admission is open to boys;

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

(viii) Co-educational school, that is to say, aschool in which boys and girls can beadmitted without any distinction andfollow the same courses of study.”.


“5 Medium of instructions. sections3 and 24 (2) (a)— Hindi shall be thepreferred medium of instructions in allschools. However the institution shallbe at liberty to adopt other medium ofinstruction under intimation to theappropriate authority.”.

7. In the said rules, in rule 29,—(i) for sub-rule (1), the following sub-rule

shall be substituted, namely:—“(1)Every individual or association of

individuals or firm or societyregistered under SocietiesRegistration Act, 1860 (21 of 1860),or trust created under the IndianTrusts Act, 1882 (2 of 1882), orcompany registered under theCompanies Act, 1956 (1 of 1956),shall apply to the appropriateauthority in Form-I alongwithdemand draft of Rs.1,000/- forprimary school, Rs.2,500/- for


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middle school, Rs.5,000/- for highschool and Rs.10,000/- for seniorsecondary school as processing feein favour of Director expressingtheir intention to establish suchschool.”;

(ii) in sub-rule (2), for clause (g), thefollowing clause shall besubstituted, namely:—

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

(iii) after sub-rule (3), the followingsub-rule shall be added, namely:—

“(4) The permission granted to establish anew school shall be effective from thedate decided upon by the appropriateauthority and ordinarily it shall begranted from the date of commencementof next academic session. Thepermission shall be valid for twoacademic sessions only.”.

8. In the said rules, in rule 30,—I. in sub rule (1)—(A) in clause (a)—(i) for sub-clause (i), the following

sub-clause shall be substituted,namely:—

“(i) the school is run by an individual orassociation of individuals or firm orsociety registered under the


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Societies Registration Act, 1860 (21of 1860), or trust created under theIndian Trusts Act, 1882 (2 of 1882),or company registered under theCompanies Act, 1956 (1 of 1956),and is managed in accordance witha scheme of management madeunder these rules alongwith acertificate of appropriate authorityregarding area of operation in theState of Haryana;

(ii) for sub-clause (x), the followingsub-clause shall be substituted,namely:—

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

(iii) for sub-clause (xix), the followingsub-clause shall be substituted,namely:-

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


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(iv) in clause (xxvii), for sign “ . ” existingat the end, the sign “ ; ” shall besubstituted;

(v) after sub-clause (xxvii), the followingsub-clause shall be added, namely:—

“(xxviii) that the school shall not be inoperation from residential buildings orbuilding not ear-marked for school inthe State of Haryana;

(xxix) that a fire certificate shall be obtainedfrom local fire authority;

(xxx) that schools shall provide atleast onecomputer with modem and internetconnectivity.”;

(B) for clause (b), the following clause shallbe substituted, namely:—

“(b)Minimum norms for land andbuildings,—

(i) LandSchool Rural/Urban/

Controlled areasPrimary 0.5 AcreMiddle 1.0AcreSecondary 2.0AcreSenior Secondary 2.0Acre

Provided that the norms of land for the schoolsrunning recognized/unrecognized beforecommencement of Haryana School Education Rules,2003, shall be as under:-School Rural/Urban/ Rural/ Urban/

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

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


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

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

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

Provided further that the schools mentioned inthe first proviso shall continue upto the stage ac-cording to these norms, but if they desire to add orstart higher classes or up-grade the school or changeof building or change of name, they shall have tofulfill and to provide land and building as per normsrequired for the establishment of new school.

Note: - A private school can be run in a rentedbuilding/land on lease hold basis witha minimum period of twenty yearsirrevocable lease deed provided suchschool fulfills the norms of land andbuilding as specified under these rules;

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

or equivalent area. Height ofclassroom shall be atleast 10 feet:Provided that the school running as

recognized/unrecognized before thecommencement of the Haryana SchoolEducation Rules, 2003, the minimumsize of classroom shall be fixedkeeping in view the per square feetgross area/requirement per student;

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


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windows and proper ventilation;(c) number of students in a section shall

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

(d) verandaThere shall be veranda with everyclass room:8 feet in width for single loaded;10 feet in width for double loaded;Provided that the school running asrecognized/ unrecognized beforecommencement of the HaryanaSchool Education Rules, 2003, thenorms for veranda shall be as under:-6 feet in width for single loaded;8 feet in width for double loaded;

(e) the school shall provide thefollowing facilities:—

· Toilet and urinals (staff, boys andseparate for girls at a far offdistance). Additional toilet to beadded after every 200 students

· Electricity facility· Drinking water facility· Boundary wall· Proper space for morning assembly(f) in case of middle, high and senior

secondary school, the followingrooms in addition to class-roomsshall be provided:-

· Room for head of the school· Office room· Staff room


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· Library room· Laboratory for practical subject

(according to the stream/eachsubject)

· One room for Computer Laboratory.The school shall have atleast onecomputer with modem and internetconnectivity for official and schoolmanagement purpose;

(g) every school shall provide ramp atplinth level.

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

before commencement of the HaryanaSchool Education Rules, 2003, thenorms for stairs and ramp shall be asunder:—

Stair : 4.6 feet in widthadditional stairs after distance of 40 feet

Ramp :6 feet in width If the school do not provide ramp thanthey shall arrange the classes ofhandicapped students at the groundfloor.

The appropriate authority shall becompetent to relax the size of land and building uptoten percent and also allow minor variations whichwould otherwise not affect health and safety ofstudents and staff;”;

II. for sub-rule (2), the following sub-ruleshall be substituted, namely:—

“(2)Pledge money atleast equal to sixmonths basic pay of the staff but inno case less than the amount asmentioned below, shall be depositedin the name of Director SchoolEducation (by designation), in theshape of fixed deposit or bank


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guarantee not less than a period ofthree years:—

Stage Class Rs.Primary I-V 50,000Middle I-VIII 1,00,000Secondary I-X 1,50,000Senior Secondary I-XII 2,00,000The pledge money shall be utilized in case of

non-payment of salary to the staff or to redeem anyunforeseen liabilities of the school.”;

III. after sub-rule (3), the following sub-ruleshall be added, namely:—

“(4)The accounts of the school appliedfor recognition, shall be audited bythe department. The departmentshall take in consideration the auditobservation for the recognition ofthe school.”.

9. In the said rules, in rule 31,(i) for sub-rule (1), following shall be

substituted, namely:—“(1) Every private school seeking

recognition shall make an application,in Form II, to the appropriateauthority alongwith Rs. 1000/-for primary school, Rs. 2500/- formiddle school, Rs. 5000/- for highschool and Rs. 10000/- for seniorsecondary school as processing feein the form of demand draft infavour of Director. The applicationshall be supported with certificatesissued by appropriate authoritygiven below. Such application shalleither be delivered to the


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appropriate authority through anyindividual or sent to that authorityby a registered post acknowledgmentdue six months before starting ofacademic session i.e. before 30September of preceding year. Theappropriate authority grantingrecognition shall inform themanaging committee by 30thDecember of preceding year.

Appropriate authority to issue certificates.Sr. Item AuthorityNo.1 Ownership of Land Sub Divisional Magistrate.2 Construction of District town planner/

Building municipality/registeredarchitect/ empanelledarchitect

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

4 Fire Safety Fire Officer, authorizedagency by CentralGovernment or StateGovernment

5 Hygienic Chief Medical Officer,Senior Medical Officer,empanelled MedicalOfficer

6 No Objection Certificateregarding land useMunicipal area: municipality/municipal

council/local authorityOut side As notified undermunicipality area relevant laws.”;


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like urban area/controlled area/ruralarea:

(ii) sub-rule (2), shall be omitted;

(iii) for sub-rule (3), the following shall besubstituted, namely:—

“(3)If recognition is refused, managingcommittee may file an appealagainst it to appellate authoritywithin thirty days from date ofcommunication to it of such refusalalongwith fee of appeal as laid downin rule 192. The appellate authorityshall decide the case and inform themanaging committee within twomonths. The decision of theappellate authority shall be final.”.

10. In the said rules, in rule 32,—

(i) in sub-rule (1), after clause (b), thefollowing clause shall be added,namely:—

“(c)In case a school authority runs morethan one institutions, the saidauthority shall constitute a separatemanaging committee for eachschool under these rules.”;

(ii) in sub-rule (2), after clause (b), thefollowing proviso shall be added,namely:—

“Provided that where the number of members isless than fifty the society or firm may send thenotice of election atleast fifteen days before the dateof election through Under Postal Certificate letters.”.


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(iii) in sub-rule (3), after the words“existing schools”, the words andfigures “including schools whereAdministrator has been appointedunder section 10” shall be inserted.

(iv) after sub-rule (4), the following sub-ruleshall be added at the end, namely:—

“(5) (i) Where the Administrator has beenappointed under section 10, it is theduty of the Administrator toconstitute the managing committeebefore the expiry of the periodspecified in section 10. TheAdministrator shall issue notice tothe members of the societyregarding holding of elections as perprovisions laid down in these rules.

(ii) In case, the Administrator fails toconstitute a managing committee, heshall send a status report to theDirector well before the expiry ofthe tenure of Administrator. TheDirector shall take appropriatedecision to constitute the managingcommittee or to continue theAdministrator for next one year.

(iii)In no case Administrator shallcontinue after three years.”.

11. In the said rules, in rule 33,—(i) after sub-rule (3), the following sub-rule

shall be added at the end, namely:—“(4)No Objection Certificate (NOC)

granted to a school for affiliationwith any Board shall be effectivefrom the date decided upon by theappropriate authority and ordinarily


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NOC shall be granted from thecommencement of next academicsession. The NOC shall lapse if notutilized within two academicsessions. A fresh NOC is to beobtained by the school from theappropriate authority. NOC shall beapplicable only for the stage forwhich it was granted and in no casebe accepted by Affiliating Board forany other stage.”.

12. In the said rules, in rule 34,—(i) in sub-rule (1), against clause I-V and

I-VIII, under heading “Appropriateauthority”, for the words “DistrictEducation Officer” existing twice, thewords “Director ElementaryEducation”, shall be substituted;

(ii) for sub-rule (2), the following sub-ruleshall be substituted, namely:-

“(2)There shall be a committee asconstituted by the Director SchoolEducation for physical verificationof private schools for recognition.”;

(iii) in sub-rule (4), after note 3, thefollowing sub-rule shall be added,namely:—

“(5)The school which has alreadybeen recognized for 10+2 stageand intends to commence a newstream of commerce and science,shall apply to the Director inForm-II. There shall be acommittee for processing andrecommending the case for the


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commencement of new streamconsisting of following members,namely:—

(i) Joint Director : Chairmen(ii) District Education Officer : Member(iii) Member of recognized schools : MemberThe committee shall submit its report within a

period of one month after visiting personally in theconcerned school.”.


“38 Existing recognized schools to applyto the appropriate authority. section 3and 24(2) (a),(b) and (d).— (1) Allexisting recognized schools shall berequired to submit application inForm II prescribed for recognitionalongwith demand draft ofRs. 1,000/- for primary/middle schoolsand Rs. 2,000/- for high/seniorsecondary in favour of Director withina period of three months from thecommencement of these amendedrules. Each school shall submit its planfor improving its infrastructure whereit does not conform to the provisionsof these rules alongwith applicationspread over a period of one year wherespecific milestone shall be fixed forevery six months.

(2) Every existing recognized school orschools which are already affiliatedwith Boards or Council of IndianSchool Certificate Examination otherthan Board of School Education afterobtaining ‘No Objection Certificate(NOC)’ from the Government shall bedeemed to have been recognized under


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section 4 and shall be subject to theprovisions of the Act and these rules:

Provided that the norms for size ofclassrooms and number of classroomsand others requirements of such schoolsshall be the same as prescribed forunrecognized schools running in theSate before the commencement of theHaryana School Education Rules, 2003.

(3) The Department shall constitute acommittee for each District consistingof two members to be selected by theDirector from local reputed recognizedschool of respective District and onenominee of the Department to processsuch applications.”.


“42. Lapse of recognition in other cases.sections 3 and 24 (2) (a) (b) and (d)—(1) The appropriate authority may with-draw recognition/NOC of a schoolafter giving a written notice, drawingthe attention of acts of omission andcommission contrary to the Acts/rulesor directions issued theirunder to themanaging committee either directly orthrough Principal/ Head of theinstitution.

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

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

used within two academic sessions; or(c) without the approval of appropriate

authority—(i) transferred to a different building or

locality;


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(ii) transferred to a managingcommittee or trust or individual orassociation of individuals orcompany;

(iii)changes its name;

(d) where two or more schools running inthe same building/premises affiliatedwith two different boards/council.

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

(3) Branches opened by the managingcommittee of a school alreadyrecognized shall be treated as newschools for the purpose of recognitioni.e. no managing committee is allowedto run two schools affiliated withdifferent Boards/Council in the samebuilding/premises.

(4) If the school authority fails to satisfythe appropriate authority of the lapsewithin thirty days from the date ofservice of such notice the recognition/NOC shall stand lapsed.

(5) The schools referred to in sub-rule(2)(c) above shall apply to theappropriate authority in an applicationalongwith documents such as resolutionof managing committee, ownership ofland, approved plan and anundertaking regarding any consequentliability/dispute.

(6) (a) There shall be a committee for processingand recommending the case consisting


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of following members, namely: -

(i) Joint Director school Chairman

(ii) District Education Officer Member(iii) Member of Recognized schools Member

(b) The committee shall submit its reportwithin a period of one month andmay visit the concerned school andinspect/ call for any record relevant formaking recommendations.”.

15. In the said rules, in rule 43,—I. in sub-rule (i), after the word “

recognition”, wherever occurring, thesign and letters “/NOC”, shall be added;

II. in sub-rule (i), in clause (b), in the fourthline, after the words “appropriateauthority”, the words and sign “or moralturpitude etc.,” shall be inserted;

III. in sub-rules (2) and (3), after the wordrecognition, the sign and letters “/NOC”shall be added;

IV. in sub-rule (4)—(i) after the word “recognition”, the

sign and letters “/NOC” shall beadded;

(ii) the words, signs and figures “Theappeal fee shall be attached in theform of bank draft in favour ofDirector, as laid down in rule 192,”shall be added at the end.

16. In rule 44, after the word recognition, thesign and letters “/NOC” shall be added.

17. In the said rules, in rule 45,—(i) in sub-rule (1), after the word

“recognition”, the sign and letters“/NOC” shall be added;


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(ii) for sub-rule (2), the following sub-ruleshall be substituted, namely:—

(2) Every such appeal shall be made inwriting and shall be accompanied bya copy of the reasons for the refusalto establish a new school or toaccord recognition/NOC orwithdrawal of recognition/NOC,within a period of thirty days fromthe date of receipt of suchcommunication. The appeal feeshall be attached in form of bankdraft in favour of Director as laiddown in rule 192.”.

(iii) in sub-rule (3), after the word“recognition”, the sign and letters“/NOC” shall be added.

18. In the said rules, in rule 55, for sub-rule (4),the following sub-rule shall be substituted,namely:—

“(4) The grant shall be sanctioned andissued preferably in four installmentson actual basis. The first installmentshall be issued provisionally on the basisof the actual grant released in theprevious year. The grant shall be paidby the concerned branch dealing withthe matters of aided schools by chequequarterly in favour of ‘School StaffAccount’ jointly operated by authorizedofficer of the Director and therepresentative of the approved managingcommittee of the concerned schoolafter verifying the claims of paymentto the beneficiary school.

(5) The existing system to claim Death-cum-Retirement Gratuity (DCRG)


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through salary grant shall be discontinued.The managing committee shall pay theDCRG to the beneficiary within aperiod of one month from the date ofreceipt of sanction from the Director.The managing committee shall submitits claim (75% Government Share) inthe same year. The Director shallreimburse the claim to the managingcommittee in the next quarter of theyear from the receipt of claim.”.

19. In the said-rules, for rule 59, the followingrule shall be substituted, namely:-—

“59.(1) No grant of teachers ofuneconomically small class.sections 24(2)(a),(b) and (c).— (1)No grant shall be admissible to themanaging committee for theteachers found surplus by theinspecting officer on the basis ofstudent teacher ratio below thenorms as fixed by the Departmentfrom time to time, after givingreasonable opportunity to themanaging committee.

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

(3) The Director shall be competent totransfer the surplus post to anotherschool as per requirement in the samedistrict or outside district in the State.”


“(3)After observing the conditions aslaid down in sub-rule (2) the


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managing committee shall move anapplication with the proposal ofsetting up of claims of theemployees working in the school forde-aiding its school to the Director.The Director shall pass order ofde-aiding the school after verifyingthe application as per rule. If thedecision is not conveyed by theDirector to the managingcommittee within a period of sixmonths, it shall be deemed to havebeen de-aided. The grant-in-aid ofthe school shall be ceased from thedate of application or any datespecified by the managingcommittee.


“(3)The ‘school staff’s account’ shall beoperated jointly by authorized officerof the Director and the manager orhead of the school or in his absenceby a member of the staff authorizedby managing committee to act ashead of the school. The managingcommittee of the school shall not becompetent to cease the ‘staff salaryaccount.

22. In the said rules, after rule 74, the followingrule shall be inserted, namely:—

“74 A. Ex-post-facto approval. sections24 (2) and 8.- The Director shall becompetent to grant ex-post-factoapproval or relaxation in theprocedure of recruitment.”.


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23. In the said rules, for rule 75, the followingshall be substituted, namely:—

“75. Intimation to appropriate authority.sections 24 (2) and 8.— As andwhen a vacancy of the head ofschool or a teacher arises due todismissal or any other reason thereofand managing committee advertisesto fill that vacancy, intimation to thiseffect shall also be given to theappropriate authority. The managingcommittee may give first preferencein the selection to the employeesworking in the school onunsanctioned post where theprocedure of selection has alreadybeen adopted under the rules.”.


“82.Minimum qualifications. sections24 (2) and 8.— (1) The minimumqualification for appointment ofhead of school and other categoriesof teachers and also non teachingstaff in an aided school shall beas per Appendix A. Theseappointments shall be made byadvertising at least in two leadingnewspapers (Hindi and English).

(2) The managing committee mayappoint a person having higherqualification than prescribed for thepost. The department shall only paythe salary grant for the scale of thepost as specified in column 4 ofAppendix A to these rules.Additional payment, if any, on


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account of higher qualificationsshall be borne by the managingcommittee of aided schools at theirown.”.


“(2)The rate of dearness allowance,House Rent Allowance and CityCompensatory Allowance payableto these employees shall be such asmay be allowed by the departmentfrom time to time to the aidedschools.”

26. In the said rules, in rule 93, for sub-rule (1),the following sub-rule shall be substituted,namely: —

“(1) No teacher shall undertake privatetuition or private employment.”.

27. In the said rules, in rule 103, for sub-rule(2), the following sub-rule shall be substituted,namely:—

“(2) Notwithstanding anything containedin sub-rule (1) where a teacher, head ofthe school has obtained National orState award for rendering meritoriousservice as a teacher, head of the schoolor where he has received the Nationalor State awards, the period of serviceof such teacher, may be extended bytwo years or such period as per Statepolicy. In no case an employee shall gobeyond sixty years. No employee shallbe entitled to promotion during suchextension period. The managingcommittee shall forward the case to theDirector for such extension with thespecific resolution. The Director iscompetent to grant such extension.”.


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28. In the said rules, in rule 105, after sub-rule(5), the following sub-rule shall be added, namely:—

“(6) Resignation of employee undersuspension shall not be accepted beforetaking final decision of suspension.”.

29. In the said rules, after rule 108, thefollowing rule shall be inserted, namely:—

“108 A. Compulsory retirement. sections 8 and24.— (1) If managing committee is ofthe opinion that it is in public interestto retire an employee for the reasons tobe recorded in writing, it shall have theright by giving the employee concerned,a prior notice, in writing, of not less thanthree months, to retire him on the dateon which he completes twenty years ofqualifying service or on any other datesthereafter to be specified in the notice.

(2) If the retirement of the employee madeunder sub rule(1) is set aside by a courtof law, all pecuniary liabilities consequentthereto from the date of compulsoryretirement upto the date of his rejoiningthe post, shall devolve on the managingcommittee.”.

30. In the said rules, in rule 110, in clause (d),for sub-clause (iii), the following sub-clause shallbe substituted, namely:—

“(iii) on receipt of the representation, if any,made by the employee, determine whatpenalty, if any, shall be imposed on himbefore communicate its final decisionto him it shall be referred to theappropriate authority for approval. Theappropriate authority shall convey theapproval/disapproval to the managing


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committee within thirty days. If nodecision is taken within such period, itshall be treated as approved. Themanaging committee thereaftercommunicates its final decision to theemployee with a copy to the appropriateauthority.”.

31. In the said rules, in rule 111,—(i) in the marginal heading, the word

“proposed” shall be omitted;(ii) after clause (f), the following clauses

shall be added at the end, namely:—“(g)The appellate authority may entertain

the appeal after the expiry of the saidperiod of thirty days, if it is satisfiedthat the appellant was prevented bysufficient cause from filing theappeal in time. Where an appeal ispreferred under clause (a) and (d),the first/second appellate authority,as the case may be, may stay theenforcement of the relevant orderfor such period and on suchconditions, as it deems fit.

(h) The Director may himself or on anapplication made by the aggrievedparty review its own decision, if heconsiders that some points of factswere left from his view or ignoranceof any material fact or any errorapparent on the face of the recordand pass fresh order as he deemsfit.”.

32. In the said rules, in rule 114,—(i) for sign “ . “ existing at the end, the sign

“ ; “ shall be substituted;


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(ii) the following proviso shall be added,namely:—

“Provided that the employee/retiree who has notavailed of the option till now, may give fresh optionto deposit the subscription to fund alongwith interestat the prevailing rate as worked out by Directorwithin 90 days from the date of commencement ofthese rules.”.

33. In the said rules, for rule 126, the followingrule shall be substituted, namely:— “126. Power to take over the managing

committee of aided school. sections24(2) and 10.— Where the managingcommittee of the aided school istaken over in accordance with theprovisions of section 10, the grant-in-aid in respect of salary, gratuity,pension etc. (Government shareonly) shall be made through theAdministrator. The Administratorshall operate ‘staff salary account’as referred to in rule 64. TheAdministrator shall submit hisdemand to the Director for thepayment of salary in advance. Theadvance shall be adjusted/recoupedthrough salary grant payable to theschool. Liability of the salary to thestaff (Government share) shall befrom the date of taking over themanagement of school under section10. As it is a stop gap arrangementfor the smooth running andfunctioning of the school, therefore,the responsibility to pay salary to thestaff is restricted to the extent of75% (Government share) of salary.


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The remaining 25% (managementshare) shall be paid by the managingcommittee on its reconstitution:

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

34. In the said rules, in rule 128, for sub-rule(1), the following sub-rule shall be substituted,namely:—

“(1) The managing committee of a minorityschool desired to open a minorityschool under this category shall applyto Director alongwith certificate ofminority community issued byappropriate authority of the State. TheDirector shall decide whether it fallswithin that minority category and shallpass orders as he deems fit.”.

35. In the said rules, in rule 131,—(i) in sub rule (2), for sign “ . ” existing at

the end, the sign “ ; ” shall besubstituted;

(ii) the following proviso shall be added,namely:-

“Provided that the Director shall be competentfor relaxation in the maximum age of admission.”

36. In the said rules, after rule 134, the followingrule shall be inserted, namely:— “134A. Reservation for poor meritorious

students. sections 24(2) and 15.—The recognized private schools shallreserve 25% seats for meritoriouspoor students. The school shallcharge fee from these students at therate as charged in Government


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schools. The deficit of difference offee shall be charged from the otherstudents of the school.”

37. In the said rules, in rule 136,—

(i) in sub rule (5), for sign “ . ” existing atthe end, the sign “; ” shall besubstituted;

(ii) the following proviso shall be added,namely:—

“Provided that the students studying in anunrecognized school running before thecommencement of these rules may be admitted tothe recognized schools on the basis of test duringthe academic session 2007-08.”.

38. In the said rules, in rule 138,

(i) in sub rule (2), for sign “ . ” existing atthe end, the sign “;” shall be substituted;

(ii) the following proviso shall be substituted,namely:-

“Provided that the Director shall be competentfor relaxation of admission in exceptionalcircumstances.”.

39. In the said rules, in rule 158, after sub-rule(3), the following sub-rules shall be added at the end,namely:—

“(4) No school shall be allowed to chargeadmission fee, tuition fee, pupil’s fundin advance before the commencementof the academic session. However atoken registration fee can be charged.

(5) No admission fee, tuition fee exceptschool leaving certificate (SLC) fee becharged from the pupil who apply for


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SLC within 15 days of start of newacademic session.

(6) Admission fee shall only be chargedfrom a student at the time of admissionin class 1st, 6th, 9th and 11th or freshentry in the school.

(7) The fees shall preferably be taken fromthe students through bank.”.

40. In the said rules, in rule 159, after sub-rule(3), the following sub-rule shall be added, namely:—

“4. In case of any complaint regardingovercharging or misappropriation offunds by the managing committee, theDirector shall competent to check theaccounts of that school and takeappropriate action in this regard.”.

41. In the said rules, for rule 160, the follow-ing shall be substituted, namely:—

“160. Pupils fund share. sections 24 (2)and 17— The recognized schoolshall not charge any fund fromstudents except Red Cross Fund,Child Welfare Fund and Sports Fundas per instruction issued by thedepartment from time to time. Thesefunds shall be collected andspecified share shall be depositedwith the concerned DistrictEducation Officer/AdditionalDistrict Education Officer before30th September every year.”.

42. In the said rules, for rule 162 to 185 the


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following rule shall be substituted, namely:-

“162. Service conditions.— (I) Everymanaging committee of recognizedschool i.e. running under selffinance scheme shall frame the rulesand regulations of their employeesin relation to:—

(i) Service conditions of the employees;

(ii) Recruitment procedure;

(iii) Salary to the teachers (not less thanminimum wage policy of the state);

(iv) Service Benefits i.e. ContributoryProvident Fund, Medical, Leave,Increments etc.;

(v) Qualifications of teaching and nonteaching (not less than prescribedunder Appendix-A to these rule);

(vi)Code of conduct and penalties;(vii) Constitution of disciplinary committee

etc.;(viii)The school authority shall pay the

salary to the staff through Cheque/Bank.

(2) The copies of rules and regulationsreferred to in sub-rule (I) shall be supplied to theDepartment at the time of application forrecognition.”.

43. In the said rules, after rule 191, the follow-ing rule shall be inserted, namely:— “191.A. Penal action.— Any act done by any

individual or association ofindividuals or society or trust or firmor company in contravention of


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these rules, shall be treated as anoffence under these rules and shallbe punishable under relevant laws.”.

44. In the said rules, after rule 193, the follow-ing rules shall be inserted, namely:— “193 A.Interpretation.- If any question or

doubt arises as to the interpretationof these rules, Government shalldecide the same.”.

45. In the said rules, in Appendix-A againstserial number 6 under column 3 in the existingentries, the following entries shall be substituted,namely:-

Column 3

“(i) B.A/B.Sc. with English as one of theoptional/elective subjects;

(ii) Passed two years Junior BasicTraining Course or Diploma-in-Education from Haryana EducationDepartment or its equivalent recognizedby the Haryana Government withspecial training in child psychology andbehavior of child upto the age of twelveyears.

(iii) Knowledge of Hindi upto Matricstandard.

Note: (i) Preference shall be given to candidateswho possess knowledge of Urdu uptoMiddle Standard for posts of JuniorBasic Trained Teachers for Mewat area.Such candidate, if selected, shall serveonly in Mewat area.

(ii) Professional Training Diploma or


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Certificate awarded by any State,Board or University other thanHaryana Education Department shallbe recognized only if this degree ordiploma or certificate has beenrecognized by the HaryanaGovernment.”

R.S. GUJRALFinancial Commissioner and Principal

Secretary to Government, Haryana, Education Department.


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