LexThe Delhi School Education Act 1973
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THE DELHI SCHOOL EDUCATION ACT, 1973
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
ESTABLISHMENT, RECOGNITION, MANAGEMENT OF, AND AID TO, SCHOOLS
3. Power of Administrator to regulate education in schools.
4. Recognition of schools.
5. Scheme of management.
6. Aid to recognised schools.
CHAPTER III
SCHOOL PROPERTY
7. School property.
CHAPTER IV
TERMS AND CONDITIONS OF SERVICE OF EMPLOYEES OF RECOGNISED PRIVATE SCHOOLS
8. Terms and conditions of service of employees of recognised private schools.
9. Employees to be governed by a Code of Conduct.
10. Salaries of employees
11. Tribunal.
12. Chapter not to apply to unaided minority school.
CHAPTER V
PROVISIONS APPLICABLE TO UNAIDED MINORITY SCHOOLS
13. Power to prescribe minimum qualifications for recruitment.
14. Power to prescribe Code of Conduct.
15. Contract of service.
CHAPTER VI
ADMISSION TO SCHOOLS AND FEES
16. Admission to recognised schools.
17. Fees and other charges.
18. School Fund.
19. Affiliations.
CHAPTER VII
TAKING OVER THE MANAGEMENT OF SCHOOLS
20. Taking over the management of schools.
21. Section 20 not to apply to minority schools.
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CHAPTER VIII
MISCELLANEOUS
SECTIONS
22. Delhi Schools Education Advisory Board.
23. Delegation of powers.
24. Inspection of schools.
25. Jurisdiction of civil courts barred.
26. Protection of action taken in good faith.
27. Liability of manager to punishment.
28. Power to make rules.
29. Power to remove difficulties.
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THE DELHI SCHOOL EDUCATION ACT, 1973
ACT NO. 18 OF 1973
[9th April, 1973.]
An Act to provide for better organisation and development of school education in the Union
territory of Delhi and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called th e Delhi School Education
Act, 1973.
(2) It extends to the whole of the Union territory of Delhi.
(3) It shall come into force on such date as the Administrator may, by notification, appoint and
different dates 1 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.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Administrator” means the Administrator of the Union territory of Delhi appointed by the
President under article 239 of the Constitution;
(b) “Advisory Board” means the Board referred to in section 22;
(c) “aid” means any aid granted to a recognised school by the Central Government,
Administrator, a local authority or any other authority designated by the Central Government,
Administrator or a local authority;
(d) “aided school ” means a recognised private school which is receiving aid in the form of
maintenance grant from the Central Government, Administrator or a local authority or any other
authority designated by the Central Government, Administrator or a local authority;
(e) “appropriate authority” means,—
(i) in the case of a school recognised or to be recognised by an authority designated or
sponsored by the Central Government, that authority;
(ii) in the case of a school recognised or to be recognised by the Delhi Administr ation, the
Administrator or any other officer authorised by him in this behalf;
(iii) in the case of a school recognised or to be recognised by the Municipal Corporation of
Delhi, that Corporation;
(iv) in the case of any other school, the Administrator or any other officer authorised by him
in this behalf;
(f) “Delhi” means the Union territory of Delhi;
(g) “Director” means the Director of Education, Delhi, and includes any other officer authorised
by him to perform all or any of the functions of the Director under this Act;
(h) “employee” means a teacher and includes every other employee working in a recognised
school;
1. 28th April, 1973 , vide notification of the Delhi Administration in the Education Deptt. No. F. 5/15/72 -Education
dated 28th April, 1973, in respect of the provisions except Chapters II to V (both inclusive), sections 16, 17, 18, 22 and 27).
31st December, 1973, vide notification No. F. 5/15/72 -Education (i), dated 31st December, 1973, Delhi Gazette, Extraordinary,
Pt. IV, dated 31st December, 1973, in respect of Chapters II to V (both inclusive), sections, 16, 17, 18, 22 and 27,
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(i) “existing employee” means an employee of an existing school who is employed in such school
immediately before the commencement of this Act, and includes an employee who was employed in
such school for a period of not less than twelve months immediately preceding the 2nd day of
September, 1972;
(j) “existing school ” means a recognised private school which is in existence at the
commencement of this Act;
(k) “Head of school ” means the principal academic officer, by whatever name called, of a
recognised school;
(l) “local authority” means,—
(i) in relation to an area within the local limits of the Municipal Corporation of Delhi, that
Corporation;
(ii) in relation to an area within the local limits of the New Delhi Municipal Committee, that
Committee;
(iii) in relation to an area within the local limits of the Delhi Cantonment Board, that Board;
(m) “manager”, in relation to a school, means the person, by whatever name called, who is
entrusted, either on the date on which this Act comes into force or, as the case may be, under a
scheme of management made under section 5, with the management of the affairs of that school;
(n) “managing committee” means the body of individuals who are entrusted with the management
of any recognised private school;
(o) “minority school” means a school established and administered by a minority having the right
to do so under clause (1) of article 30 of the Constitution;
(p) “notification” means a notification published in the Official Gazette;
(q) “prescribed” means prescribed by rules made under this Act;
(r) “private school” means a school which is not run by the Central Government, Administrator, a
local authority or any other authority designated or sponsored by the Central Government,
Administrator or a local authority;
(s) “public examination” means an examination conducted by the Central Board of Secondary
Education, Council for Indian School Certificate Examinations or any other Board which may
hereafter be established for the purpose, and recognised by the Administrator or any other officer
authorised by him in this behalf;
(t) “recognised school” means a school recognised by the appropriate authority;
(u) “school” includes a pre -primary, primary, middle and higher secondary school, and also
includes any other institution which imparts education or training below the degree level, but does not
include an institution which imparts technical education;
(v) “school property ” means all movable and immovable property belonging to, or in the
possession of, the school and all other rights and interes ts in, or arising out of, such property, and
includes land, building and its appurtenances, playgrounds, hostels, furniture, books, apparatus, maps,
equipment, utensils, cash, reserve funds investments and bank balances;
(w) “teacher” includes the Head of a school;
(x) “unaided minority school” means a recognised minority school which does not receive any
aid.
CHAPTER II
ESTABLISHMENT, RECOGNITION, MANAGEMENT OF, AND AID TO, SCHOOLS
3. Power of Administrator to regulate education in schools .—(1) The Administrator may regulate
education in all the schools in Delhi in accordance with the provisions of this Act and the rules made
thereunder.
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(2) The Administrator may establish and maintain any school in Delhi or may permit any person or
local authority to establish and maintain any school in Delhi, subject to compliance with the provisions of
this Act and the rules made thereunder.
(3) On and from the commencement of this Act and subject to the provisions of clause (1) of article
30 of the Constitution, the establishment of a new school or the opening of a higher class or the closing
down of an existing class in any existing school in Delhi shall be subject to the provisions of this Act and
the rules made thereunder and any school or higher class establis hed or opened otherwise than in
accordance with the provisions of this Act shall not be recognised by the appropriate authority.
4. Recognition of schools .—(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 by section 5;
(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 instruction;
(e) it has teachers with prescribed qualifications; and
(f) it has the prescribed facilities for physical education, library service, laboratory work,
workshop practice or co-curricular activities.
(2) Every application for recognition of a school shall be entertained and considered by the
appropriate authority and the decision thereon shall be communicated to the applicant within a period of
four months from the date of the receipt of the application; and where recognition is not granted, the
reasons for not granting such recognition shall also be communicated to the applicant within the said
period.
(3) Where recognition to a school is refused, any person aggrieved by such refusal may, within thirty
days from the date of communication to him, of such refusal, appeal against such refusal, in the
prescribed manner, to the prescribed authority and the decision of the prescribed authority thereon shall
be final:
Provided that the prescribed authority may, if it is satisfied that the appellant was prevented by
sufficient cause from preferring the appeal within the said period of thirty days, extend, for reasons to be
recorded by it in writing, the said period by a further period of sixty days.
(4) Where the managing committee of a school obtains recognition by fraud, misrepresentation or
suppression of material particulars, or where, after obtaining recognition, the school fails to continue to
comply with any of the conditions specified in the proviso to sub -section (1), the authority granting th e
recognition may, after giving the managing committee of the school a reasonable opportunity of showing
cause against the proposed action, withdraw the recognition granted to such school under sub-section (1).
(5) The recognition granted under sub-section (1) shall not, by itself, entitle any school to receive aid.
(6) Every existing school shall be deemed to have been recognised under this section and shall be
subject to the provisions of this Act and the rules made thereunder:
Provided that where any such school does not satisfy any of the conditions specified in the proviso to
sub-section (1), the prescribed authority may require the school to satisfy such conditions and such other
conditions as may be prescribed, within a specified period and if any suc h condition is not satisfied,
recognition may be withdrawn from such school.
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(7) Every school, whose recognition is withdrawn under sub -section ( 4) or sub -section ( 6), may
appeal to the prescribed authority, who shall dispose of the appeal within six month s from the date of
presentation of the appeal in such manner as may be prescribed, and if the appeal is not disposed of
within that period, the order for the withdrawal of recognition shall, on the expiry of the said period of six
months, stand cancelled.
(8) On hearing an appeal preferred under sub -section (3) or sub -section (7), the prescribed authority
may, after giving the appellant a reasonable opportunity of being heard, confirm, modify or reverse the
order appealed against.
5. Scheme of management.—(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 an unaided minority school.
(2) A scheme may be made, in l ike manner, to add to, vary or modify any scheme made under
sub-section (1).
6. Aid to recognised schools .—(1) The Central Government may, after due appropriation made by
Parliament by law in this behalf and subject to such conditions as may be prescribed, pay to the
Administrator, for distribution of aid to recognised private schools, not being primary schools recognised
by a local authority, such sums of money as that Government may consider necessary:
Provided that no existing school recei ving, immediately before the commencement of this Act, aid
shall be eligible for the continuance of such aid unless it complies, within such period as may be specified
by the Director, with the conditions specified in the proviso to sub-section (1) of section 4.
(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 aid shall be given to a school the management of which has been taken over under section 20.
(6) No unrecognised school shall be eligible to receive any aid or any benefit made available to
private schools by the Administrator or any agency of the Administrator.
CHAPTER III
SCHOOL PROPERTY
7. School property .—(1) The management of every aided school shall furnish to the app ropriate
authority, initially, at the time of grant of aid and thereafter 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 b eing 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 ap propriate authority omits or fails to dispose of the application for such
permission within sixty days from the date of receipt of the application in this behalf, the permission
shall, on the expiry of the said period of sixty days, be deemed to have been granted.
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(3) Any person aggrieved by the grant or refusal of permission under sub -section (2) may prefer, in
such form and within such time as may be prescribed, appeal to the Administrator against such grant or
refusal of permission and the decision of the Administrator thereon shall be final.
(4) Any transaction made in contravention of the provisions of sub-section (2), or, as the case may be,
decision of the Administrator, shall be void.
CHAPTER IV
TERMS AND CONDITIONS OF SERVICE OF EMPLOYEES OF RECOGNISED PRIVATE SCHOOLS
8. Terms and conditions of service of employees of recognised private schools.—(1) The
Administrator may make rules regulating the minimum qualifications for recruitment, and the conditions
of service, of employees of recognised private schools:
Provided that neither the salary nor the rights in respect of leave of absence, age of retirement and
pension of an employee in the employment of an existing school at the commencement of this Act shall
be varied to the disadvantage of such employee:
Provided further that every such employee shall be entitled to opt for terms and conditions of service
as they were applicable to him immediately before the commencement of this Act.
(2) Subject to any rule that may be made in this behalf, n o employee of a recognised private school
shall be dismissed, removed or reduced in rank nor shall his service be otherwise terminated except with
the prior approval of the Director.
(3) Any employee of a recognised private school who is dismissed, removed or reduced in rank may,
within three months from the date of communication to him of the order of such dismissal, removal or
reduction in rank, appeal against such order to the Tribunal constituted under section 11.
(4) Where the managing committee of a r ecognised private school intends to suspend any of its
employees, such intention shall be communicated to the Director and no such suspension shall be made
except with the prior approval of the Director:
Provided that the managing committee may suspend an employee with immediate effect and without
the prior approval of the Director if it is satisfied that such immediate suspension is necessary by reason
of the gross misconduct, within the meaning of the Code of Conduct prescribed under section 9, of the
employee:
Provided further that no such immediate suspension shall remain in force for more than a period of
fifteen days from the date of suspension unless it has been communicated to the Director and approved by
him before the expiry of the said period.
(5) Where the intention to suspend, or the immediate suspension of, an employee is communicated to
the Director, he may, if he is satisfied that there are adequate and reasonable grounds for such suspension,
accord his approval to such suspension.
9. Employees to be governed by a Code of Conduct.—Every employee of a recognised 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.
10. Salaries of employees .—(1) The scales of pay and allowances, medical facilities, pension,
gratuity, provident fund and other prescribed benefits of the employees of a recognised private school
shall not be less than those of the employees of the corresponding status in schools run by the appropriate
authority:
Provided that where the scales of pay and allowances, medical facilities, pension, gratuity, provident
fund and other prescribed benefits of the employees of any recognised private school are less than those
of the employees of the corresponding status in the schools run by the appropriate authority, the
appropriate authority shall direct, in writing, the managing committee of such school to bring the same up
to t he level of those of the employees of the corresponding status in schools run by the appropriate
authority:
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Provided further that the failure to comply with such direction shall be deemed to be non -compliance
with the conditions for continuing recognition of an existing school and the provisions of section 4 shall
apply accordingly.
(2) The managing committee of every aided school shall deposit, every month, its share towards pay
and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits with the
Administrator and the Administrator shall disburse, or cause to be disbursed, within the first week of
every month, the salaries and allowances to the employees of the aided schools.
11. Tribunal.—(1) The Administrator shall, by notification, constitute a Tribunal, to be known as the
“Delhi School Tribunal”, consisting of one person:
Provided that no person shall be so appointed unless he has held office as a District Judge or any
equivalent judicial office.
(2) If any vacancy, other than a temporary absence, occurs in the office of the presiding officer of the
Tribunal, the Administrator shall appoint another person, in acc ordance with the provisions of this
section, to fill the vacancy and the procee dings may be continued before the Tribunal from the stage at
which the vacancy is filled.
(3) The Administrator shall make available to the Tribunal such staff as may be necessary in the
discharge of its functions under this Act.
(4) All expenses incurred in connection with the Tribunal shall be defrayed out of the Consolidated
Fund of India.
(5) The Tribunal shall have power to regulate its own procedure in all matters arising out of the
discharge of its functions including the place or places at which it shall hold its sittings.
(6) The Tribunal shall for the purpose of disposal of an appeal preferred under this Act have the same
powers as are vested in a court of appeal by the Code of Civil Procedure, 1908 (5 of 1908) and shall also
have the power to stay the operation of the order appealed against on such terms as it may think fit.
12. Chapter not to apply to unaided minority school .—Nothing contained in this Chapter shall
apply to an unaided minority school.
CHAPTER V
PROVISIONS APPLICABLE TO UNAIDED MINORITY SCHOOLS
13. Power to prescribe minimum qualifications for recruitment .—The Administrator may make
rules regulating the minimum qualifications for, and method of, recruitment of employees of unaided
minority schools:
Provided that no qualification shall be varied to the disadvantage of an existing employee of an
unaided minority school.
14. Power to prescribe Code of Conduct .—Every employee of an unaided minority school shall be
governed by such Code of Conduct as may be prescribed.
15. Contract of service.—(1) The managing committee of every unaided minority 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 an unaided minority school, the managing committee of such school shall enter
into such contract within a period of three months from such commencement:
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 unaided minority school to the Administrator who shall, on receipt
of such copy, register it in such manner as may be prescribed.
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(3) Every contract of service referred to in sub -section ( 1) shall provide for t he following matters,
namely:—
(a) the terms and conditions of service of the employee, including the scale of pay and other
allowances to which he shall be entitled;
(b) the leave of absence, age of retirement, pension and gratuity, or, contributory provident fund
in lieu of pension and gratuity, and medical and other benefits to which the employee shall be
entitled;
(c) the penalties which may be imposed on the employee for the violation of any Code of
Conduct or the breach of any term of the contract entered into by him;
(d) the manner in which disciplinary proceedings in relation to the employee shall be conducted
and the procedure which shall be followed before any employee is dismissed, removed from service
or reduced in rank;
(e) arbitration of any dispute arising out of any breach of contract between the employee and the
managing committee with regard to—
(i) the scales of pay and other allowances,
(ii) leave of absence, age of retirement, pension, gratuity, provident fund, medical and other
benefits,
(iii) any disciplina ry action leading to the dismissal or removal from service or reduction in
rank of the employee;
(f) any other matter which, in the opinion of the managing committee, ought to be, or may be,
specified in such contract.
CHAPTER VI
ADMISSION TO SCHOOLS AND FEES
16. Admission to recognised schools.—(1) A child who has not attained the age of five years, shall
not be admitted to class I, or an equivalent class or any class higher than class I, in a recognised school.
(2) A student seeking admission for the fir st time in a recognised school in a class higher than class I
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 I or an equivalent class, falls short of five years.
(3) Admission to a recognised school or to any class thereof shall be regulated by rules made in this
behalf.
17. Fees and other charges .—(1) No aided school shall levy any 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 re cognised 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.
18. School Fund.—(1) In every aided school, there shall be a fund, to be called the “School Fund”,
and there shall be credited thereto—
(a) any aid granted by the Administrator,
(b) income accruing to the school by way of fees, charges or other payments, and
(c) any other contributions, endowments and the like.
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(2) The School Fund and all other funds, including the Pupils’ Fund, established with the approval of
the Administrator, shall be accounted for and operated in accordance with the rules made under this Act.
(3) In every recognised unaided school, there shall be a fund, to be called the “Recognised Unaided
School Fund”, and there shall be credited thereto income accruing to the school by way of—
(a) fees,
(b) any charges and payments which may be realised by the school for other specific purposes,
and
(c) any other contributions, endowments, gifts and the like,
(4) (a) Income derived by unaided schools by way of fees shall be utilised only for such educational
purposes as may be prescribed; and
(b) charges and payments realised and all other contributions, endowments and gifts received by the
school shall be utilised only for the specific purpose for which they were realised or received.
(5) The managing committee of every recognised private school shall file every year with the
Director such duly audited financial and other returns as may be prescribed, and every such return shall
be audited by such authority as may be prescribed.
19. Affiliations.—(1) For the purpose of any public examination every recognised higher secondary
school shall be affiliated to one or more of the Boards or Council conducting such examination and shall
fulfil the conditions specified by the Board or Council in this behalf.
(2) The students of recognised higher secondary schools shall be prepared for, and presented to, the
public examinations or such other form of evaluation held or made for the students of such schools.
(3) The students of every recognised middle school shall be prepared for, and presented to, such
public examination as may be held by the Directorate of Education, Delhi, for the students of such
schools.
(4) Every student of a recognised primary school shall be prepared for, and presented to, the public
examination held by a local authority competent to hold such examination for the students of such
schools.
CHAPTER VII
TAKING OVER THE MANAGEMENT OF SCHOOLS
20. Taking over the m anagement of schools.—(1) Whenever the Administrator is satisfied that the
managing committee or manager of any school, whether recognised or not, has neglected to perform any
of the duties imposed on it by or under this Act or any rule made thereunder and that it is expedient in the
interests 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 ov er the management of such school for a limited period not exceeding three
years:
Provided that where the management of a school has been taken over for a period of three years or
less, the Administrator may, if he is of opinion that in order to secure prop er management of the school it
is expedient that such management should continue to be in force after the expiry of the said limited
period, he may, from time to time, issue directions for the continuance of such management for such
period not exceeding on e year at a time as he may think fit, so, however, that the total period for which
such management is taken over shall not, in any case, exceed five years.
(2) Whenever the management of any school is taken over under sub -section ( 1), every person in
charge of the management of such school immediately before its management is taken over, shall deliver
possession of the school property to the Administrator or any officer authorised by him in this behalf.
(3) After taking over the management of any school under this section, the Administrator may arrange
to manage the school through the Director or any other person author ised by the Director in this be half
(hereinafter referred to as the “authorised officer”).
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(4) Where the management of any school has been taken over under sub -section (1), the managing
committee or manager of such school may, within three months from the date of taking over, appeal to
the Administrator, who may after considering the representation made by the managing committee or the
manager, pass such orders, including an order for the restoration of the management or for the reduction
of the period during which the management of such school shall remain vested in the Administrator, as he
may deem fit.
(5) Where the management of a school has been taken over under this section, the Administrator shall
pay such rent as may be payable for the building of the school to the person entitled to receive it as was
being paid by the managing committee or the manager immediately before the management of such
school was taken over.
(6) During such period as any school remains under the management of the authorised officer—
(a) the service conditions, as approved by the Administrator, of the employees of the school who
were in employment immediately before the date on which the management was taken over, shall not
be varied to their disadvantage;
(b) all educational facilities which the school had been affording immediately before such
management was taken over, shall continue to be afforded;
(c) the School Fund, the Pupils’ Fund and the Management Fund and any other existing fund
shall continue to be available to the authorised officer for being spent for the purposes of the school;
and
(d) no resolution passed at any meeting of the managing committee of such school shall be given
effect to unless approved by the Administrator.
21. Section 20 not to apply to minority schools .—Nothing contained in section 20 shall apply to
any minority school.
CHAPTER VIII
MISCELLANEOUS
22. Delhi Schools Education Advisory Board .—(1) There shall be an Advisory Board for school
education, to be called the “Delhi School Education Advisory Board ” for the purpose of advising the
Administrator on matters of policy relating to education in Delhi.
(2) The Advisory Board shall be constituted by the Administrator and shall consist of a Chairman and
fourteen other members, to be nominated by the Administrator.
(3) The Advisory Board constituted under sub-section (2) shall include—
(a) Heads of recognised private schools;
(b) representatives of the organisations of teachers of the recognised private schools;
(c) managers of the recognised private schools;
(d) representatives of parents or guardians of students of recognised private schools; and
(e) eminent educationists.
(4) The Advisory Board shall regulate its own procedure.
(5) The terms of office of every member of the Board and travelling and other allowances payable to
a member of the Board shall be such as may be prescribed.
23. Delegation of powers.—(1) The Administrator may delegate all or any of his 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 same effect as if such power had been conferred on him directly by this Act
and not by way of delegation.
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24. Inspection of schools .—(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 arrange 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 manager requiring the manage r to rectify any defect or
deficiency found at the time of inspection or otherwise in the working of the school.
(4) If the manager fails to comply with any direction given under sub -section (3), the Director may,
after considering the explanation or repor t, if any, given or made by the manager, take such action as he
may think fit, including—
(a) stoppage of aid,
(b) withdrawal of recognition, or
(c) except in the case of a minority school, taking over of the school under section 20.
25. Jurisdiction of civil courts barred .—No civil court shall have jurisdiction in respect of any
matter in relation to which the Administrator or the Director or any other person authorised by the
Administrator or Director or any other officer or authority a ppointed 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.
26. Protection of a ction taken in good faith .—No suit, prosecution or other legal proceeding shall
lie against the Administrator, Director or any other person authorised by the Administrator or Director for
anything which is in good faith done or intended to be done in pursu ance of this Act or any rule made
thereunder.
27. Liability of manager to punishment.—If the manager of any recognised private school.—
(a) omits or fails, without any reasonable excuse, to carry out any orders made by the Tribunal, or
(b) presents any student for any public examination without complying with the provisions of
section 19, or
(c) omits or fails to deliver any school property to the Administrator or any officer authorised by
him under sub-section (2) of section 20,
he shall be punished with imprisonment for a term which may extend to three months, or with fine which
may extend to one thousand rupees, or with both.
28. Power to make rules .—(1) The Administrator may, with the previous approval of the Central
Government, and subject to the condition of previous publication, by notification, make rules to carry out
the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the manner in which education may be regulated by the Administrator in Delhi;
(b) the conditions which every existing school shall be required to comply;
(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, an appeal against the refusal or withdrawal of
recognition shall be made;
(g) the minimum qualifications for, and method of recruitment, and the terms and conditions of
service of employees;
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(h) the authorities to be specified for the purposes of the different provisions of this Act;
(i) the particulars which a scheme of management shall contain, and the manner in which such
scheme shall be made;
(j) variations and modifications which may be made in the scheme of management for a
recognised school which does not receive any aid;
(k) the conditions under which aid may be granted to recognised schools, and on the violation of
which aid may be stopped, reduced or suspended;
(l) the part of the expenditure of a recognised school which is to be covered by aid;
(m) particulars of school property which should be furnished to the appropriate authority;
(n) the form in which, and the time within which, an appeal shall be preferred to the
Administrator against an order made in relation to the transfer, mortgage or lien of a ny school
property;
(o) the Code of Conduct for the employees and the disciplinary action to be taken for the
violation thereof;
(p) the benefits which should be granted to the employees of recognised private schools;
(q) admissions to a recognised school;
(r) fees and other charges which may be collected by an aided school;
(s) the manner of inspection of recognised schools;
(t) the term of office, travelling and other allowances payable to the members of the Advisory
Board;
(u) financial and other returns to be filed by the managing committee of recognised private
schools, and the authority by which such returns shall be audited;
(v) educational purposes for which the income derived by way of fees by recognised unaided
schools shall be spent;
(w) manner of accounting and operation of school funds and other funds of a recognised private
school;
(x) fees, not exceeding one rupee, for preferring any appeal under this Act;
(y) any other matter which is to be, or may be, prescribed under this Act.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each
House of Parliament while it is in session for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be, so, however, that any such modification or
annualment shall be without prejudice to the validity of anything previously done under that rule.
29. Power to remove difficulties .—If any difficulty arises in giving effect to the provisions of this
Act, the Central Government may, by order not inconsistent with the provisions of this Act, remove the
difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the
commencement of this Act.