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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)
HARYANA GOVERNMENTEDUCATION DEPARTMENT
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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(1st Amendment of Haryana SchoolEducation Rules, 2003)
HARYANA GOVT. GAZ. (EXTRA),FEB. 20, 2004
(PHGN. 1, 1925 SAKA)(English Version Page 172 to 174)
HARYANA GOVERNMENTEDUCATION DEPARTMENT
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
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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)
HARYANA GOVERNMENTEDUCATION DEPARTMENT
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)
HARYANA GOVERNMENTEDUCATION DEPARTMENT
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.”.
6. In the said rules, for rule 5, the followingrule shall be
substituted, namely:—
“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.”.
13. In the said rules, for rule 38, the followingrule shall be
substituted, namely:—
“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.”.
14. In the said rules, for rule 42, the followingrule shall be
substituted, namely:—
“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.”
20. In the said rules, in rule 62, for sub-rule (3),the
following sub-rule shall be substituted,namely:—
“(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.
21. In the said rules, in rule 64, for sub-rule (3),the
following sub-rule shall be substituted,namely:—
“(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.”.
24. In the said rules, for rule 82, the followingrule shall be
substituted, namely:—
“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.”.
25. In the said rules, in rule 83, for sub-rule (2),the
following sub-rule shall be substituted,namely:—
“(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.
Amendment in Haryana School Education Rules, 2003