Bare Acts

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 established 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 the
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 such 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 months 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 like 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 receiving, 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. 

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