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, no 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 recognised 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 the 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 accordance with the provisions of this
section, to fill the vacancy and the proceedings 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.