Haryana Education Rules, 2003
Haryana Education Rules, 2003
                HARYANA GOVERNMENT
                EDUCATION DEPARTMENT
                         Notification
                               23
                  Haryana School Education Rules, 2003
                                        CHAPTER 1
Short title and          1. (1) These rules may be called the Haryana
commencement.         School Education Rules, 2003.
                               (2) They shall come into force on the date
                      of their publication in the official gazette.
Definitions.              2. In these rules, unless the context otherwise
                      requires,—
                              (a) “Act” means the Haryana School
                                   Education Act, 1995 (Act 12 of 1999);
                              (b) “appellate authority” means an
                                   authority to whom an appeal against
                                   orders of appropriate authority may be
                                   preferred, namely:–
                                  (i) where Director is appropriate
                                      authority, to the secretary;
                                  (ii) where District Education Officer is
                                       appropriate authority, to Director
                                       Secondary Education;
                                  (iii)where District Primary Education
                                       Officer is appropriate authority, to
                                       Director Primary Education;
                              (c) “Affiliating Board” means the
                                   concerned Board referred to in clause
                                   (a) of section 2 of the Act;
                              (d) “Administrator”- means a Government
                                   officer of suitable rank authorized by
                                   the Director to take over the managing
                                   committee of an aided school;
                              (e) “Appendix” means the Appendix
                                   appended to these rules;
                              [(ee) ‘Appropriate authority’ means the
                                  authority declared by the central/state
                                   24
        Haryana School Education Rules, 2003
    Government under any law for the time
    being in force to register or issue a
    certificate for particular purpose;]***
(f) “Department” means the Director
     Secondary Education, Haryana and
     Director Primary Education, Haryana,
     as the case may be;
(g) “Form” means a Form annexed to these
     rules;
(h) “inspecting officer” means the officer
     authorized to inspect the school by
      Director/ District Education Officer/
     District Primary Education Officer;
(i) “section” means a section of the Act;
(j) (i) “pre-primary stage” means a stage
        of school education prior to the
        primary Stage;
   (ii) “primary stage” means a stage of
        education from class I to V ( both
        inclusive);
   (iii)“middle stage” means stage of
        school education from class VI to
        VIII (both inclusive );
   (iv) “secondary stage” means a stage of
        a school education from class IX to
        class X (both inclusive);
   (v) “senior secondary stage” means a
       stage of school education from class
       XI to XII (both inclusive);
(k) “Nationalized Bank” means the State
     Bank of India constituted under section
     3 of the State Bank of India Act,
                                                ***Inserted vide notification
     1955(23 of 1955) or a subsidiary bank      No. S.O.3/H.A.12/1999/S.24/
     constituted under section 3 of the State   2007 dated : 19-01-2007
                           25
                        Haryana School Education Rules, 2003
                                       Bank of India (Subsidiary Banks) Act,
                                       1959(38 of 1959), or a corresponding
                                       new bank constituted under section 3
                                       of the Banking Companies (Acquisition
                                       and Transfer of Undertakings) Act,
                                       1970 (5 of 1970) or corresponding new
                                       bank constituted under section 3 of the
                                       Banking Companies (Acquisition and
                                       Transfer of Undertakings) Act, 1980,
                                       (40 of 1980);
                                   (l) “Prescribed” means prescribed by rules
                                        made under this Act;
                                   (m)“public examination” means an exami-
                                       nation conducted by Board of School
                                       Education, Haryana, the Central Board
                                       of School Education, Council for Indian
                                       School Certificate Examinations, or any
                                       other Board;
                                   (n) “Schedule bank” means a bank included
                                        in the Second Schedule to the Reserve
                                        Bank of India Act, 1934 (2 of 1934);
                                   (o) words and expressions used in these
                                       rules but not defined, shall have the
                                       same meaning as assigned in the Act;–
                                   [(p) the words “Director Primary Education”
                                         and “District Primary Education
                                         Officer”, wherever occurring, the words
                                         and signs, “Director Elementary
                                         Education” and “Additional District
                                         Education Officer”, as the case may be,
                                         shall respectively be substituted.]***
                                        26
                Haryana School Education Rules, 2003
                  CHAPTER II
ESTABLISHMENT, RECOGNITION, MANAGING
   COMMITTEE AND GRANT-IN-AID TO
              SCHOOLS
    [3. (1) No school in the State can function,                Regulation of
establish or start classes without the prior approval    education in schools.
                                                        sections 3 and 24(2) (a).
or permission of the Director. Every school
established by any individual or association of
individuals or firm or society or trust or company,
shall follow the norms specified under these rules.
Any act or disobedience on the part of the school
managing committee contrary to the provisions of
these rules shall make it liable,—
            (i) to discontinue the functioning of
                such schools;
            (ii) to be prosecuted under the relevant
                 law if such disobedience or act
                 causes or tends to cause danger to
                 the life, health, and safety of the
                 students;
            (iii) for the imposition of penalty not
                 exceeding Rs.15000 in the case of
                 primary schools, Rs.20,000 in the
                 case of middle schools and
                 Rs.25,000 in the case of secondary
                 and senior secondary school for
                 each such violation.
         (2) Before taking any such action under
sub-rule (1), a fifteen days notice shall be given to
the managing committee to explain their position
regarding the aforesaid notice. On receipt of reply
and after giving a personal hearing, if required,
Director shall be competent to take any of the action
against the managing committee under these              ***Substituted vide notification
                                                        No. S.O.3/H.A.12/1999/S.24/
rules.]***                                              2007 dated : 19-01-2007
                                    27
                      Haryana School Education Rules, 2003
                                        29
                      Haryana School Education Rules, 2003
                                                36
                   Haryana School Education Rules, 2003
    Provided that 25% of books mentioned above
shall be made available at the initial stage and
remaining books be made available within two years
after the date of the recognition.
   In addition to above, library may have :-
               (a) Text books alongwith syllabus of
                   each class.
               (b) Sufficient number of daily
                   newspapers and magazines/journals.
    28. Every recognised school shall maintain the                      Records.
following records:-                                     sections 3 and 24(2)(a)(b).
                                        37
                          Haryana School Education Rules, 2003
                                           (xvii) Property and stock
                                           (xviii) Diary and dispatch register
                                           (xix)    Contributory Provident Fund (CPF)
                                           (xx)     Pupils progress
                                           (xxi)    Any other record prescribed by the
                                                    Director from time to time.
Opening and                            [29. (1) Every individual or association of
establishment of new               individuals or firm or society registered under
school in the State.               Societies Registration Act, 1860 (21 of 1860), or trust
sections 3 and 24(2)(a)(c).
                                   created under the Indian Trusts Act, 1882 (2 of 1882),
                                   or company registered under the Companies Act,
                                   1956 (1 of 1956), shall apply to the appropriate
                                   authority in Form-I alongwith demand draft of
                                   Rs.1,000/- for primary school, Rs.2,500/- for middle
                                   school, Rs.5,000/- for high school and Rs.10,000/-
                                   for senior secondary school as processing fee in
                                   favour of Director expressing their intention to
                                   establish such school.]***
                                            (2) The applicant in addition to the
                                   application referred to in sub-rule (1), shall give an
                                   undertaking containing the following particulars,
                                   namely:-
                                                (a) the area in which the new school is
                                                    proposed to be established, and the
                                                    approximate number of students
                                                    likely to be enrolled in that school;
                                                (b) the stage of education intended to
                                                    be imparted in the new school;
                                                (c) the      particulars     including
                                                    measurements of the building or
                                                    other structures in which the school
                                                    is proposed to be run;
***Substituted vide notification                (d) the financial resources from which
No. S.O.3/H.A.12/1999/S.24/
2007 dated : 19-01-2007                             the expenses for the establishment
                                                   38
               Haryana School Education Rules, 2003
               and running of the school shall be
               met;
           (e) the composition of the managing
               committee of the proposed new
               school until the new school is
               recognized and a new managing
               committee is constituted in
               accordance with the scheme of
               managing committee made under
               these rules;
           (f) the proposed procedure, until its
               recognition under these rules, for the
               selection of the head of the school
               and other teachers and non-teaching
               staff and the minimum qualific
               ations for their recruitment;
           [(g)the proposed salary of the staff to
               be notified. The salary so notified
               shall not be less than minimum wage
               policy of the state, if notified by
               Labour Department for the classes
               covered under minimum Wages Act,
               and for teaching staff any minimum
               salary standards specified by
               Education Department/ Deputy
               Commissioner;]***
           (h) admission, tuition and other fees and
               funds which would be levied and
               collected until its recognition under
               these rules, from the student of the
               proposed new school;
           (i) any other facility which is proposed
               to be provided for the students of
                                                        ***Substituted vide notification
               the proposed new school.                 No. S.O.3/H.A.12/1999/S.24/
                                                        2007 dated : 19-01-2007
        (3) The [appropriate Authority]* may,
after considering the particulars specified in the      *Substituted vide notification
                                                        No. S.O.22/H.A.12/1999/
application sub-rule (1) and after making such          S.24/2004 dated : 20-02-2004
                                   39
                           Haryana School Education Rules, 2003
                                    inquiries as deemed fit inform the person or persons
                                    by whom the application was given to him whether
                                    or not opening of the proposed new school would
                                    be, in the public interest, within 90 days from the
                                    receipt of this application. If no decision is taken
                                    within such period, it will be deemed to have been
                                    permitted. However, such permission does not
                                    enable school to get recognition automatically for
                                    which the applicant shall have to fulfill all the
                                    required conditions;
                                             [(4) The permission granted to establish a
                                    new school shall be effective from the date decided
                                    upon by the appropriate authority and ordinarily it
                                    shall be granted from the date of commencement of
                                    next academic session. The permission shall be valid
                                    for two academic sessions only.]1***
                                            RECOGNITION OF SCHOOLS
Conditions for                    30. (1) No private school shall be recognized, or
recognition.                  continue to be recognized, by the appropriate
sections 3,4 and 24(2)(d)(e). authority unless the school fulfils the following
                              conditions, namely:-
                                                [(a) (i) the school is run by an individual
                                                     or association of individuals or firm
                                                     or society registered under the
                                                     Societies Registration Act, 1860 (21
                                                     of 1860), or trust created under the
                                                     Indian Trusts Act, 1882 (2 of 1882),
                                                     or company registered under the
                                                     Companies Act, 1956 (1 of 1956),
                                                     and is managed in accordance with
                                                     a scheme of management made
1
  ***added vide notification                         under these rules alongwith a
No. S.O.3/H.A.12/1999/S.24/
2007 dated : 19-01-2007
                                                     certificate of appropriate authority
2
                                                     regarding area of operation in the
 ***Substituted vide notification
No. S.O.3/H.A.12/1999/S.24/                          State of Haryana;]2***
2007 dated : 19-01-2007
                                                  40
    Haryana School Education Rules, 2003
(ii) the prior approval from the
     [appropriate Authority]* for
     opening of new school has been
     obtained and copy of such approval
     is attached with the form of
     application as referred to rule 29;
(iii)no admission beyond Class-III shall
     be made by any school before the
     sanction of its recognition or in its
     anticipation;
(iv) that all the teachers are suitably
     trained with minimum qualifications
     as per Appendix A and are
     academically and otherwise suitable
     to teach in these schools and the rate
     of salary being paid to the staff as
     notified;
(v) that the terms on which the
    teachers are engaged are reflected
    in the written agreement between
    the managing committee and each
    teacher as per Appendix B and the
    same are attached;
(vi) that the school follows approved
     courses of instructions as provided
     in these rules;
(vii) that the admission to the school is
     open to all without any
     discrimination based on religion,
     caste, race, place of birth or any
     other whimsical or for extraneous
     reasons, except in the case of
     minority schools, however, which
     shall maintain transparency in
     admissions;
(viii)that the managing committee             *Substituted vide notification
    observes the provisions of these          No. S.O.22/H.A.12/1999/
                                              S.24/2004 dated : 20-02-2004
    rules;
                         41
                          Haryana School Education Rules, 2003
                                         (ix) that minimum norms for land and
                                              xbuilding in which school is carried
                                              on are in accordance with sub-rule
                                              30 (b).
                                         [(x)that the managing committee has
                                             submitted the owner’s deed of the
                                             land - school building as well as play
                                             ground in the name of individual or
                                             association of individuals or
                                             society or firm or trust or company
                                             from the Revenue Department. In
                                             case the land is more than one patch,
                                             the sizera of land duly countersigned
                                             by the Tehsildar or Sub Divisional
                                             Magistrate concerned that the
                                             patches of land are adjacent to each
                                             other, if not at one place the distance
                                             between the buildings/patches be
                                             specified;]***
                                         (xi) that the school building is properly
                                              planned, ventilated and spacious as
                                              per architectural norms approved by
                                              district town planner / municipality
                                              / registered architect;
                                         (xii)that a building safety certificate has
                                              been obtained from Public Works
                                              Department/municipality/registered
                                              engineer;
                                         (xiii)that if there is any business
                                             premises in any part of the building
                                             in which school is run, the portion
                                             in which the school is run is
                                             separate from such business
                                             premises. A certificate to this effect
                                             should be attached with the
                                             application form.
                                         (xiv)that furniture and equipment are
***Substituted vide notification
No. S.O.3/H.A.12/1999/S.24/
                                             adequate and suitable for an
2007 dated : 19-01-2007                      educational institution;
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    Haryana School Education Rules, 2003
(xv)that the salaries of teachers and non-
    teaching staff are paid regularly;
(xvi)that the pledge money as per sub
    rule 30(2) has been deposited in the
    name of District Education Officer/
    District Primary Education Officer
    concerned (by designation);
(xvii) that the school buildings or other
    structures or the grounds are not
    used during the day or night for
    commercial or residential purposes
    (except separate residence of any
    employee of the school away from
    academic wing) or for communal,
    political or non-educational activity
    of any kind whatsoever;
(xviii) that there is no thoroughfare or
    public passage through any part of
    the school premises;
[(xix) that the sanitary arrangements at
    the school are adequate and are kept
    in good order. A hygienic certificate
    shall be obtained from Chief
    Medical Officer/Local Medical
    Authority;]***
(xx) that drinking water arrangements
    are adequate;
(xxi) that there is a provision of
   electricity fitting and electric fans
   in each classroom;
(xxii) that no teacher or student of the
    school is compelled to attend a class
    in which religious instruction is
    given or take part in any religious
                                             ***Substituted vide notification
    activity. No teacher or student          No. S.O.3/H.A.12/1999/S.24/
    absenting himself from religious         2007 dated : 19-01-2007
                        43
Haryana School Education Rules, 2003
                   instruction or religious activity is
                   made to suffer any disability on that
                   account and student is refused
                   admission to the school because
                   exemption from attendance at
                   religious exercises or religious
                   instruction has been claimed by him
                   or his parent or guardians:
               Provided this provision shall not be
               applicableto minority school.
               (xxiii) that there should be no complaint/
                   inquiry pending against school
                   building / managing committee
                   seeking recognition. An undertaking
                   to this effect that land / building is
                   free from litigation shall be
                   submitted;
               (xxiv) that facilities are provided for
                   teaching of languages in accordance
                   with the three language formula,
                   adopted by the Government;
               (xxv) that the school is open to
                  inspection by any officer authorized
                  by appropriate authority/ Director;
               (xxvi) that the school furnishes such
                   reports and information as may be
                   required by the Director from time
                   to time and complies with such
                   instructions of the appropriate
                   authority or the Director as may be
                   issued to ensure the continued
                   fulfillment of the condition of
                   recognition or the removal of
                   deficiencies in the working of the
                   school;
               (xxvii) that the school shall maintain all
                   records as per rule 28. All records
                   of the school are open to inspection
                44
                Haryana School Education Rules, 2003
                by any officer authorized by the
                Director or the appropriate
                authority at any time, and the school
                furnishes such information as may
                be necessary to enable the
                Government or the Director to
                discharge its or his obligations to the
                affiliated board, as the case may be;
            [(xxviii) that the school shall not be in
                operation from residential buildings
                or building not ear-marked for
                school in the State of Haryana;
            (xxix) that a fire certificate shall be
                obtained from local fire
                authority;
            (xxx) that schools shall provide atleast
                one computer with modem and
                internet connectivity.]***
   [(b) Minimum norms for land and buildings
        (i) Land
   School                Rural/Urban/ Controlled areas
   Primary               0.5 Acre
   Middle                1.0 Acre
   Secondary             2.0 Acre
   Senior Secondary      2.0 Acre
   Provided that the norms of land for the schools
running recognized/unrecognized before
commencement 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          ***added vide notification
                                                          No. S.O.3/H.A.12/1999/S.24/
Secondary 2000 Sq. meters         1500 Sq. meters         2007 dated : 19-01-2007
                                     45
Haryana School Education Rules, 2003
    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 provide
    or make arrangement for adequate play ground
    within the radius of 500 meter according to the
    number of students.
        The covered area and open area shall be in the
    ratio of 35/65%:
        Provided further that the schools mentioned in
    the first proviso shall continue upto the stage
    according to these norms, but if they desire to add or
    start higher classes or up-grade the school or change
    of building or change of name, they shall have to
    fulfill and to provide land and building as per norms
    required for the establishment of new school.
    Note: -      A private school can be run in a rented
                 building/ land on lease hold basis with
                 a minimum period of twenty years
                 irrevocable lease deed provided such
                 school fulfills the norms of land and
                 building as specified under these rules;
    (ii) Building-
                (a) classroom: Minimum size - 24' x 18'
                    or equivalent area. Height of
                    classroom shall be atleast 10 feet:
                 Provided that the school running as
                 recognized/unrecognized before the
                 commencement of the Haryana School
                 Education Rules, 2003, the minimum
                 size of classroom shall be fixed keeping
                 in view the per square feet gross area/
                 requirement per student;
                  46
    Haryana School Education Rules, 2003
(b) number of classrooms shall be equal
    to the number of sections in the
    school. The classroom shall have
    two doors, requisite number of
    windows and proper ventilation;
(c) number of students in a section shall
    not be more than fifty. It is further
    subject to the condition that
    number of students in the classroom
    shall not be more than the students
    calculated on the basis of 10 square
    feet per student for secondary and
    senior secondary schools and 9
    square feet per student for
    elementary stage/nursery stage;
(d) veranda
There shall be veranda with every class
 room:
8 feet in width for single loaded;
10 feet in width for double loaded;
 Provided that the school running as
 recognized/ unrecognized before
 commencement of the Haryana School
 Education Rules, 2003, the norms 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 the
    following facilities:—
    · Toilet and urinals (staff, boys and
      separate for girls at a far off
      distance). Additional toilet to be
      added after every 200 students
    · Electricity facility
    · Drinking water facility
    · Boundary wall
    · Proper space for morning assembly
                       47
Haryana School Education Rules, 2003
                 (f) in case of middle, high and senior
                     secondary school, the following
                     rooms in addition to class-rooms
                     shall be provided:-
                     · Room for head of the school
                     · Office room
                     · Staff room
                     · Library room
                       · Laboratory for practical subject
                          (according to the stream/each
                          subject)
                       · One room for Computer
                          Laboratory. The school shall have
                          atleast one computer with modem
                          and internet connectivity for
                          official and school management
                          purpose;
                  (g) every school shall provide ramp at
                       plinth level.
                  (h) the school building having more
                       than one storey shall provide one
                       ramp and one staircase of atleast 6’
                       width:
                   Provided that the school running before
                   commencement of the Haryana School
                   Education Rules, 2003, the norms for
                   stairs and ramp shall be as under:—
    Stair: 4.6 feet additional stairs after
           in width distance of 40 feet
    Ramp:6 feet        If the school do not provide
            in width ramp than they shall arrange the
                       classes of handicapped students at
                       the ground floor.
        The appropriate authority shall be competent to
    relax the size of land and building upto ten percent
    and also allow minor variations which would other-
    wise not affect health and safety of students and staff;
                   48
                 Haryana School Education Rules, 2003
        (2) Pledge money atleast equal to six
months basic pay of the staff but in no case less than
the amount as mentioned below, shall be deposited
in the name of Director School Education (by
designation), in the shape of fixed deposit or bank
guarantee not less than a period of three years:—
    Stage                    Class         Rs.
    Primary                  I-V           50,000
    Middle                   I-VIII        1,00,000
    Secondary                I-X           1,50,000
    Senior Secondary         I-XII         2,00,000
                                      49
                       Haryana School Education Rules, 2003
                                           student an opportunity of participating
                                           in one or more of the following
                                           activities, namely:
                                          (a) debates;
                                          (b) recitation or elocution;
                                          (c) dramatics;
                                          (d) music (including folk songs),
                                              dancing (including folk dances);
                                          (e) hobbies of different types;
                                          (f) mock / youth parliament;
                                          (g) house system;
                                          (h) prefectorial system;
                                          (i) class competition;
                                          (j) National Cadet Corps / National
                                              Social Service;
                                          (k) scouts and guides / cubs and bulbuls;
                                          (l) Science clubs;
                                          (m) Eco labs / clubs;
                                          (n) activities providing for social
                                              services; and
                                          (o) any other co-curricular activity.
                                      [(4) The accounts of the school applied for
                              recognition, shall be audited by the department. The
                              department shall take in consideration the audit
                              observation for the recognition of the school.]***
Procedure for                     [31. (1) Every private school seeking recognition
application.                  shall make an application, in Form II, to the
sections 3, 4 and 24(2)(d).
                              appropriate authority alongwith Rs. 1000/- for
                              primary school, Rs. 2500/- for middle school,
                              Rs. 5000/- for high school and Rs. 10000/- for
                              senior secondary school as processing fee in the form
***added vide notification
No. S.O.3/H.A.12/1999/S.24/   of demand draft in favour of Director. The
2007 dated : 19-01-2007       application shall be supported with certificates
                                            50
                       Haryana School Education Rules, 2003
issued by appropriate authority given below. Such
application shall either be delivered to the
appropriate authority through any individual or sent
to that authority by a registered post
acknowledgment due six months before starting of
academic session i.e. before 30 September of
preceding year. The appropriate authority granting
recognition shall inform the managing committee by
30th December of preceding year.
Appropriate authority to issue certificates.
Sr. No. Item                           Authority
 1.      Ownership of Land             Sub Divisional Magistrate.
 2.      Construction of Building      District town planner/
                                       municipality/registered
                                       architect/ empanelled
                                       architect
 3.      Safety of Building            Public works Department/
                                       Municipality/Registered
                                       Engineer/empanelled
                                       Engineer
 4.      Fire Safety                   Fire Officer, authorized agency
                                       by Central Government or
                                       State Government
 5.      Hygienic                      Chief Medical Officer, Senior
                                       Medical Officer,empanelled
                                       Medical Officer
 6.      No Objection                  Municipal area: municipality/
         Certificate                   municipal council/local
         regarding land use            authority
         Out side municipality         As notified under
         area like urban area/         relevant laws.
         controlled area/rural area:
      (2) Omitted***
    (3) If recognition is refused, managing
committee may file an appeal against it to appellate
authority within thirty days from date of
communication to it of such refusal alongwith fee
of appeal as laid down in rule 192. The appellate
authority shall decide the case and inform the
                                                                         ***Substituted vide notification
managing committee within two months. The                                No. S.O.3/H.A.12/1999/S.24/
decision of the appellate authority shall be final.]***                  2007 dated : 19-01-2007
                                              51
                      Haryana School Education Rules, 2003
                                (4) The detailed procedure regarding dealing of
                            the application for recognition shall be issued by the
                            Government separately.
Scheme of                   32. (1) The scheme of management in relation to a
management.                 recognized school shall provide that.
sections 3 and 24 (2) (i)
                                    (a) the managing committee running the
                                        school duly approved by the
                                        appropriate authority shall consist of
                                        not less than seven members;
                                    (b) subject to the total number of members
                                         specified in clause (a), every
                                         managing committee shall include the
                                         following members, namely:
                                    (i) the head of the school as an ex-officio
                                        member with the right to vote;
                                    (ii) one parent, who is a member of the
                                         Parent Teacher’ Association of the
                                         school, constituted in accordance with
                                         such instructions as may be issued by
                                         the Director, and is elected by that
                                         Association;
                                    (iii) one teacher for every twenty teachers
                                          of that school, to be elected by the
                                          teachers of the school from amongst
                                          themselves;
                                    (iv) two other persons of whom one shall
                                         be a woman;
                                    (v) in the case of Aided school member
                                        nominated by Director.
                                    (vi)the remaining members to be nominated
                                         or elected, as the case may be, in
                                         accordance with the rules and
                                         regulations of the society or trust by
                                         which the school is run.
                                    [(c) In case a school authority runs more
                                         than one institutions, the said authority
                                          52
               Haryana School Education Rules, 2003
            shall constitute a separate managing
            committee for each school under these
            rules.]***
    (2) The scheme of managing committee shall
also provide for the following matters, namely:-
       (a) the term of office of the members of the
            managing committee and the manner of
            its reconstitution or filling of any
            vacancy occurring therein;
       (b) in the case of society/ firm, the dates of
           holding elections shall be notified at
           least 30days before the date of election.
           It will be made through public notices
           in at least two News papers one of
           which must be in vernacular of vide
           circulation;
            [Provided that where the number of
            members is less than fifty the society
            or firm may send the notice of election
            atleast fifteen days before the date of
            election through Under Postal
            Certificate letters.]***
       (c) the purpose of elections to the managing
           committee, the head of the school shall
           be the returning officer and shall
           conduct, and be incharge of, the elections;
       (d) in the case of aided schools the
           election shall be held under the
           observation of nominee of the
           Director;
       (e) the composition of the managing
           committee during the tenure of the
           members referred to in sub-clauses (ii)
           and (iii) of clause (b) of sub-rule (1)
           shall be communicated to the Director/
                                                         ***added vide notification
           District Education Officer/ District          No. S.O.3/H.A.12/1999/S.24/
           Primary Education Officer, as the case        2007 dated : 19-01-2007
                                    53
Haryana School Education Rules, 2003
                may be, within seven days from the date
                when such change takes place;
            (f) the duties, powers and responsibilities
                of the managing committee, which shall
                include control over appointments,
                disciplinary action, and control on staff,
                and shall also provide that no financial
                irregularity is committed or any
                irregular procedure is followed;
            (g) the expiry of term of managing
                committee or any change in the
                managing committee should be notified
                to the appropriate authority. In case of
                aided schools the approval of the
                appropriate authority is required as and
                when a new managing committee is
                constituted or there is any change in the
                managing committee;
            (h) the managing committee shall ensure
                that the school gets furniture, science
                equipment, library books and other
                teaching aids, and requisite sports
                materials;
        (1) the duties, powers and responsibilities of
    the head of the school, which shall provide that
    he shall:-
                (i) function as the head of the school
                    of the school under his charge and
                    carry out all administrative duties
                    required of institution;
                (ii) be the drawing and disbursing
                     officer for the employees of the
                     school;
                (iii)be responsible for the proper
                     maintenance of accounts of the
                     school, school records, service
                     books of teachers, and such other
                  54
    Haryana School Education Rules, 2003
    registers, returns and statistics as
    may be specified by the Department
    from time to time;
(iv) handle official correspondence
     relating to the school and furnish
     within the specified dates, the
     returns and information required by
     the Department;
(v) make, in the case of recognised
    schools, all payments (including
    salaries and allowances of teachers
    and other non-teaching staff) in time
    and according to the instructions
    governing such payments:
    Provided that where head of the
school is so authorized by the Department,
in the case of an aided school, all such
payments according to the
instructions governing such payments;
(vi) ensure that the tuition fees, where
     levied, are realised and
     appropriately accounted for and
     duly appropriated for the purpose
     for which they were levied;
(vii) make purchases of stores and other
     materials required for the school in
     accordance with the rules
     governing such purchases and enter
     all such stores in the stock register
     and shall scrutinize the bills and
     make payments;
(viii) conduct physical verification of
     school property and stocks atleast
     once a year and ensure the
     maintenance of stock registers
     neatly and accurately;
(ix) be responsible for proper utilization
     of the pupils’ fund;
                        55
Haryana School Education Rules, 2003
               (x) make satisfactory arrangements for
                   the supply of goods, drinking water
                   and provide other facilities for the
                   pupils and ensure that the school
                   building, its fixtures and furniture,
                   office equipment, lavatories, play
                   grounds, school garden and other
                   properties are properly and carefully
                   maintained;
               (xi) supervise, guide and control the
                    work of the teaching and non-teach-
                    ing staff of the school;
               (xii) be in charge of admissions in the
                    school, preparation of school
                    timetable, allocation of duties and
                    teaching load to the teachers, and
                    shall provide necessary facilities to
                    the teachers in the discharge of their
                    duties and conduct of school
                    examinations in accordance with the
                    instructions issued by the
                    Department from time to time, and
                    he shall discharge these duties in
                    consultation with his colleagues;
               (xiii) plan the year’s academic work in
                    advance in consultation with his
                    colleagues and hold staff meeting at
                    least once a month, review the work
                    done during the month and assess
                    the progress of the pupils;
               (xiv) help and guide the teachers and
                   promote their professional growth
                   and towards the end, actively
                   encourage their participation in
                   courses designed for in-service
                   education;
               (xv)promote the initiative of the
                   teachers for self -improvement and
                 56
    Haryana School Education Rules, 2003
    encourage them to undertake
    experiments       which are
    educationally sound;
(xvi) supervise class room teaching and
    secure co-operation and co-
    ordination amongst teachers of the
    same subject area as well as inter-
    subject co-ordination;
(xvii) arrange for special remedial
   teaching of the children (belonging
   to the weaker sections of the
   community as also of other children)
   who need such remedial teaching;
(xviii) arrange for informal and non-
    class room teaching;
(xix) plan and specify a regular time-
    table for the scrutiny of pupils’
    written work and home assignment
    and ensure that the assessment and
    corrections are carried out timely
    and effectively;
(xx)make necessary arrangements for
    organizing special instructions for
    the pupils according to their needs;
(xxi) organize and co-ordinate various
    co-curricular activities through the
    house system and~ in such other
    effective way as he may think fit;
(xxii) develop and organize the library
    resources and reading facilities in
    the school and ensure that the
    pupils and teachers have access to
    and use of books and journals of
    established value and usefulness;
(xxiii) send regularly the progress report
    of the students to their parents or
    guardians;
                        57
Haryana School Education Rules, 2003
           (xxiv) promote the physical well-being of
                  the pupils, secure high standards of
                  cleanliness and health habits, and
                  arrange periodical medical
                  examinations of the students and
                  send medical report to parents or
                  guardians;
           (xxv) devote atleast twelve periods in a
                 week to the teaching of the pupils;
           (i) appointment of the manager; the terms
               and conditions of his appointment his
               educational and social status, removal
               of the manager; filling up of casual
               vacancy in the office of the manager;
           (j) Duties and responsibilities of the
               manager:
               (i) no employee of a school shall be
                   appointed as the manager;
               (ii) bills (including bills relating to the
                    salaries and allowances of the
                    teachers and non-teaching staff)
                    shall be jointly signed by the
                    manager and the head of the school;
               (iii)the administration and academic
                    work of the school shall be attended
                    to by the head of school. The
                    manager shall not interfere with the
                    day-to-day administration and
                    academic work of the school;
               (iv) the members of the managing
                    committee of a recognised schools
                    shall not be entitled to any
                    remuneration, honorarium or
                    allowance but may be permitted to
                    draw allowances for attending the
                    meeting of the managing
                 58
                 Haryana School Education Rules, 2003
                committee at a rate of daily
                allowances or travelling allowances
                admissible to the non-official
                members of the committees, boards
                as fixed by the managing
                committee from time to time;
            (v) no members of the managing
                committee shall be entitled to
                participate in any meeting at which
                his personal conduct is under
                discussion;
            (vi) the managing committee shall be
                 subject to the control and supervision
                 of the trust or society by which such
                 school is run;
              (vii) manager shall not be at the same
                   time the manager of any other
                   school and a person shall not be at
                   the same time the chairman of the
                   managing committee and the manager;
    (3) The managing committee of an existing
school [ including schools where Administrator has
been appointed under section 10]*** shall make the
draft of scheme of managing committee after the
commencement of these rules and shall submit such
draft to the appropriate authority within 90 days from
such commencement:
    Provided that the appropriate authority may, after
giving to the managing committee a reasonable
opportunity of being heard, make such alterations
or modifications in the draft scheme of managing
committee as the circumstance of the case may require.
    (4) The managing committee of an existing
school shall bring, within ninety days from the date
of approval of the scheme of managing committee by
the appropriate authority the composition thereof in
                                                          ***Inserted vide notification
conformity with the scheme of managing committee          No. S.O.3/H.A.12/1999/S.24/
as approved by the appropriate authority.                 2007 dated : 19-01-2007
                                     59
                      Haryana School Education Rules, 2003
                                  [(5) (i) Where the Administrator has been
                                           appointed under section 10, it is the
                                           duty of the Administrator to constitute
                                           the managing committee before the
                                           expiry of the period specified in
                                           section 10. The Administrator shall issue
                                           notice to the members of the society
                                           regarding holding of elections as per
                                           provisions laid down in these rules.
                                       (ii) In case, the Administrator fails to
                                            constitute a managing committee, he
                                            shall send a status report to the
                                            Director well before the expiry of the
                                            tenure of Administrator. The Director
                                            shall take appropriate decision to
                                            constitute the managing committee or
                                            to continue the Administrator for next
                                            one year.
                                       (iii) In no case Administrator shall continue
                                             after three years.]***
Procedure of                      33. (1) If any institution wants to seek affiliation
affiliation.                  to any Board/ Council other than the Haryana Board
sections 3 and 24(2)(V).      of School Education it will seek recognition first.
                              After this it may apply for the issuance of No
                              Objection Certificate (NOC) for affiliation to the
                              concerned Board./ Council with a processing fee of
                              Rs.1000/- for Primary school, Rs. 2500/- for Middle
                              school, Rs. 5000/- for High school and Rs. 10000/-
                              for Senior Secondary school in the form of Demand
                              Draft in favour of Director. However, the provision
                              of the Act and these rules shall continue to apply as
                              before even on those schools which have been
                              issued NOC for pursuing different courses of studies
                              from Boards / Council other than the Haryana
                              Education Department./ Board of School Education
                              Bhiwani.
***added vide notification
No. S.O.3/H.A.12/1999/S.24/           (2) Any school which is already affiliated
2007 dated : 19-01-2007       to any Board other than Haryana School Education
                                             60
                   Haryana School Education Rules, 2003
Board Bhiwani but has not been recognised, shall
apply for the same within three months after the
publication of these rules in the official gazette.
         (3) The schools affiliated to different
affiliating Boards shall not be run in the same
premises.
         [(4) No Objection Certificate (NOC) granted
to a school for affiliation with any Board shall be
effective from the date decided upon by the
appropriate authority and ordinarily NOC shall be
granted from the commencement of next academic
session. The NOC shall lapse if not utilized within
two academic sessions. A fresh NOC is to be obtained
by the school from the appropriate authority. NOC
shall be applicable only for the stage for which it
was granted and in no case be accepted by
Affiliating Board for any other stage.] ***
                                          1
   to VIII)
   I -X               Joint Director Head Quarter
   (VI -X or          office of Director Secondary
   VIII-X)            Education
   I-XII (VI-         Director Secondary Education.
   XII or VIII -
                                                          1
                                                            ***added vide notification
   XII or X-XII)                                          No. S.O.3/H.A.12/1999/S.24/
                                                          2007 dated : 19-01-2007
         [(2) There shall be a committee as constituted
by the Director School Education for physical             2
                                                           ***Substituted vide notification
                                                          No. S.O.3/H.A.12/1999/S.24/
verification of private schools for recognition.] ***
                                                  2
                                                          2007 dated : 19-01-2007
                                     61
Haryana School Education Rules, 2003
             (3) The committee constituted above shall
    screen the cases of recognition and give their
    recommendation after inspecting the schools to the
    appropriate authority within thirty days on receipt
    of the case.
             (4) The appropriate authority shall take
    decision on the recommendation of the committee
    to grant recognition accordingly.
    Note:- 1. The schools established under the
                  provisions of these rules can apply for
                  recognition and the permanent
                  recognition shall be granted in the first
                  instance.
             2. In case of recognition of school
                  stagewise recognition shall be
                  considered only i.e if the school has got
                  permanent recognition for primary
                  school (I to V) only then it can apply
                  for the recognition of middle school
                  (VI-VIII) and so on.
             3. If a school is in a position to provide
                  infrastructural facilities upto any stage
                  in the first instance, the school may be
                  considered for recognition to that stage
                  and not stage-wise by the appropriate
                  authority.
            [(5) The school which has already been
                recognized for 10+2 stage and intends
                to commence a new stream of
                commerce and science, shall apply to
                the Director in Form-II. There shall be
                a committee for processing and
                recommending the case for the
                commencement of new stream consisting
                of following members, namely:-
        (i) Joint Director                    : Chairmen
        (ii) District Education Officer       : Member
        (iii) Member of recognized school : Member
                  62
                  Haryana School Education Rules, 2003
    The committee shall submit its report within a
period of one month after visiting personally in the
concerned school.]***
    35. The recognition given to a school shall be                          Date of
effective from the date decided upon by the appropriate                 recognition.
                                                            sections 3 and 24 (2)(d).
authority and ordinarily recognition shall be given
from the date of commencement of the next academic
year.
    36. No recognized school without giving full                   Opening of new
justification and without prior approval of the                  classes in schools.
                                                             sections 3 and 24 (2)(a).
appropriate authority, shall open any new class other
than which have received approval from the
appropriate authority.
    37. No managing committee shall close down a           Closing down of a
recognized school or an existing class in such school school or any class in a
                                                                       school.
during the academic session without giving full
                                                      sections 3 and 24(2)(a)(c).
justification and without the prior approval of the
appropriate authority.
     [38. (1) All existing recognized schools shall be Existing recognized
required to submit application in Form II prescribed schools to apply to the
for recognition alongwith demand draft of Rs. 1,000/ appropriate authority.
                                                       section 3 and 24(2) (a),
- for primary/middle schools and Rs. 2,000/- for high/             (b) and (d).
senior secondary in favour of Director within a
period of three months from the commencement of
these amended rules. Each school shall submit its
plan for improving its infrastructure where it does
not conform to the provisions of these rules
alongwith application spread over a period of one
year where specific milestone shall be fixed for
every six months.
         (2) Every existing recognized school or
schools which are already affiliated with Boards or
Council of Indian School Certificate Examination
other than Board of School Education after obtaining
                                                            ***added vide notification
‘No Objection Certificate (NOC)’ from the                   No. S.O.3/H.A.12/1999/S.24/
                                                            2007 dated : 19-01-2007
Government shall be deemed to have been recognized
                                       63
                             Haryana School Education Rules, 2003
                                       under section 4 and shall be subject to the provisions
                                       of the Act and these rules:
                                           Provided that the norms for size of classrooms
                                       and number of classrooms and others requirements
                                       of such schools shall be the same as prescribed for
                                       unrecognized schools running in the Sate before the
                                       commencement of the Haryana School Education
                                       Rules, 2003.
                                                (3) The Department shall constitute a
                                       committee for each District consisting of two members
                                       to be selected by the Director from local reputed
                                       recognized school of respective District and one
                                       nominee of the Department to process such
                                       applications.]***
Review of                                   39. The recognition granted to schools affiliated
recognition after every                to any board shall be reviewed after every [ten
five years.                            years].* If the managing committee fails to comply
sections 3 and 24 (2) (a)
(b) and (d).
                                       with any of the conditions and facilities specified in
                                       these rules, the appropriate authority can withdraw
                                       its recognition after giving a reasonable opportunity
                                       and one months time to show cause of the proposed
                                       action.
 Financial aid.                            40. Recognition granted under these rules shall
 sections 3 and 24 (2)                 not entitle for financial aid or any other benefit from
 (a) (b) and (d).                      Government.
 Recognition to lapse if not               41. The recognition granted to a school shall
 availed of within a year.             lapse unless it is availed of within a year from the
 sections 3 and 24 (2) (a)
                                       date on which it is to be effective.
 (b) and (d).
                                                     64
                Haryana School Education Rules, 2003
          (2) The recognition/NOC of the school shall
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;
            (ii) transferred to a managing committee
                 or trust or individual or association
                 of individuals or company;
            (iii) changes its name;
        (d) where two or more schools running in
            the same building/premises affiliated
            with two different boards/council.
        (e) has not complied with one or more of
            the conditions of recognition, specified
            in these rules.
     (3) Branches opened by the managing committee
of a school already recognized shall be treated as
new schools for the purpose of recognition i.e. no
managing committee is allowed to run two schools
affiliated with different Boards/Council in the same
building/premises.
    (4) If the school authority fails to satisfy the
appropriate authority of the lapse within thirty days
from the date of service of such notice the
recognition/NOC shall stand lapsed.
    (5) The schools referred to in sub-rule (2)(c)
above shall apply to the appropriate authority in an
application alongwith documents such as resolution
of managing committee, ownership of land, approved
plan and an undertaking regarding any consequent
liability/dispute.
                                      65
                          Haryana School Education Rules, 2003
                                      (6) (a) There shall be a committee for processing
                                               and recommending the case consisting
                                               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 report
                                               within a period of one month and may
                                               visit the concerned school and inspect/
                                               call for any record relevant for making
                                               recommendations.] ***  1
                  CHAPTER – III
               SCHOOL PROPERTY
    66. School property means all movable and                     School property.
immovable property belonging to or in the possession         sections 24 (2), 3 and 7.
of a school and all the rights and interests in or arising
out of such property, building and its appurtenance,
play grounds, hostel, furniture, books, apparatus,
maps equipment, utensils, cash, reserve funds,
investment and bank balances.
                                       79
                      Haryana School Education Rules, 2003
                                          80
                Haryana School Education Rules, 2003
                CHAPTER -IV
 TERMS AND CONDITIONS OF SERVICE OF
    EMPLOYEES WORKING ON AIDED
  SANCTIONED POST IN AIDED SCHOOLS,
 CONTRIBUTORY PROVIDNET FUND AND
     TAKING OVER THE MANAGING
        COMMITTEE THEREOF
    70. These rules shall be applicable to the                  Application.
employees working on aided sanctioned posts only         section 20 (1) and 8.
in the aided school.
    71. The managing committee of every recognized      Contract of service.
private aided school shall enter into a written         sections 20 (1) and 8.
contract of service with every employee of such
school in Appendix B. A passport size photo of each
employee shall be affixed on the proforma of
contract of service, duly filled in.
    72. Recruitment of all employees in each aided             Recruitment.
school shall be made by the managing committee on       sections 24 (2) and 8.
the recommendation of the selection committee.
    73. Every vacancy in an aided school shall be      Filling of vacancies.
filled in by promotion, transfer or by direct          sections 24 (2) and 8.
recruitment under these rules with prior approval of
the Department.
   74. Every managing committee shall constitute                  Selection
a selection committee for the selection of                      committee.
                                                       sections 24 (2) and 8.
employees on aided sanctioned post consisting of :
       (a) in case of recruitment of the head of
            the school :
           (i) the chairman/president of the
                managing committee of the
                particular school;
           (ii) an educationist nominated by the
                managing committee;
           (iii)an educationist having experience of
                school education nominated by the
                Department;
                                   81
Haryana School Education Rules, 2003
               (iv) a person having experience of the
                    administration of schools nominated
                    by the managing committee.
           (b) in the case of an appointment of a
                teacher (other than the head of the
                school):
               (i) the chairman of the managing
                    committee or a member of the
                    managing committee nominated by
                    the chairman;
               (ii) the head of school;
               (iii)in the case of a primary school, a
                    female educationist having atleast
                    10 years experience of school
                    education ;
               (iv) an educationist with atleast 10 years
                    experience to be nominated by the
                    Department;
               (v) an expert on the subject in relation
                    to which the teacher is proposed to
                    be appointed;
           (c) in the case of an appointment of any
                other employee (non teaching), not
                being an employee belonging to
                Group D:
               (i) the chairman of the managing
                    committee or a member of the
                    managing committee, to be
                    nominated by the chairman ;
               (ii) head of school;
               (iii)seniormost member of the staff ;
               (iv) a nominee of the Department;
           (d) in the case of an appointment of a
                GroupD employee:
               (i) the chairman of the managing
                    committee or a member of the
                    managing committee nominated by
                    the chairman;
                 82
                  Haryana School Education Rules, 2003
    78. Where a candidate for recruitment to any post Relation with member
in an aided school is related to any member of the of selection committee.
selection committee, the member to whom he is           sections 24 (2) and 8.
related shall not be made the member of committee.
                                                                 Relieving of duties.
    79. If a teacher resigns from his job he shall not
                                                                 sections 24 (2) and 8.
be relieved of his duties except after the expiry of a
period of –                                                   ***Inserted vide notification
                                                             1
                                                             No. S.O.3/H.A.12/1999/S.24/
                                                             2007 dated : 19-01-2007
                                                             2
                                                              ***Substituted vide notification
                                                             No. S.O.3/H.A.12/1999/S.24/
                                                             2007 dated : 19-01-2007
                                        83
                     Haryana School Education Rules, 2003
                                 (i) three months, in the case of a
                                       permanent teacher, from the date on
                                       which notice of intimation to leave the
                                       school is given or by depositing three
                                       months salary in advance; and
                                 (ii) one month, in the case of a teacher who
                                       is not permanent, from the date on
                                       which notice of intimation to leave the
                                       school is given or by depositing one
                                       months salary in advance:
                             Provided that where the managing committee is
                         in a position to provide for a substitute for such
                         teacher earlier than the respective period specified
                         in the foregoing provisions, the managing
                         committee may relieve the teacher of his duties on
                         the expiry of such earlier period.
Appointing authority.       80. (1) The appointment of every employee of
sections 24 (2) and 8.   an aided school shall be made by its managing
                         committee with the prior approval of the Department.
                                 (2) An appointment letter on the Appendix
                         C, shall be issued by the managing committee to
                         every employee appointed under sub rule (1).
                                  (3) A copy of such appointment letter of
                         every employee shall be sent to the District
                         Education Officer/ District Primary Education
                         Officer for record;
Prohibition against          81. No aided school shall employ, except with
the employment of        the prior approval of the Director an employee who
dismissed employees.
sections 24 (2) and 8.
                         has been dismissed from service by another
                         recognised or Government school.
Minimum                      [82. (1) The minimum qualification for
qualifications.          appointment of head of school and other categories
sections 24 (2) and 8.   of teachers and also non teaching staff in an aided
                         school shall be as per Appendix A. These
                         appointments shall be made by advertising at least
                         in two leading newspapers (Hindi and English).
                                       84
                 Haryana School Education Rules, 2003
         (2) The managing committee may appoint
a person having higher qualification than prescribed
for the post. The department shall only pay the
salary grant for the scale of the post as specified in
column 4 of Appendix A to these rules. Additional
payment, if any, on account of higher qualifications
shall be borne by the managing committee of aided
schools at their own.]***
    83. (1) The scales of pay of the employees shall               Scale of pay,
be such as specified in column 4 of Appendix A to           dearness allowance.
                                                             sections 24 (2) and 8.
these rules and modified / revised by the
Government from time to time.
        [(2)The rate of dearness allowance, House
Rent Allowance and City Compensatory Allowance
payable to these employees shall be such as may be
allowed by the department from time to time to the
aided schools.]***
   84. (1) The initial pay of an employee, on first             Fixation of pay.
                                                           sections 24 (2) and 8.
appointment, shall be fixed ordinarily at the
minimum of the scale of pay:
    Provided that a higher initial pay, in the speci-
fied scale of pay, may be given to a person by the
appointing authority.
         (2) The pay of an employee on promotion
to a higher grade or post shall be determined by the
same rules as prescribed by the Department from
time to time.
    85. The minimum and maximum of age limit for                         Age limit.
recruitment of teaching and nonteaching staff of an         sections 24 (2) and 8.
aided school, shall be such as may be specified by
the Department from time to time.
    86. (1) Every appointment in an aided school Medical certificate and
shall be subject to the physical fitness and good character certificate.
character of the candidate.                        sections 24 (2) and 8.
                                    85
                     Haryana School Education Rules, 2003
                         fitness from a hospital established or maintained by
                         Government or any local authority and two
                         certificates from two different members of
                         Parliament or members of State Legislative
                         Assembly or Gazetted Officers or member of local
                         authority, not related to the candidate, certifying the
                         character of the candidate.
                                 (3) A copy of the medical certificate and a
                         copy each of the certificates of character shall be
                         enclosed with the grantinaid papers claiming from
                         the Department for the first time.
Probation.                   87. (1) Every employee shall on initial
sections 24 (2) and 8.   appointment, be on probation for a period of one
                         year which may be extended by the appointing
                         authority for another one year and services of an
                         employee may be terminated during the period of
                         probation if the work and conduct of the employee,
                         during the said period, is not in the opinion of the
                         appointing authority, satisfactory. In such cases
                         speaking orders shall be made by the appointing
                         authority:
                             Provided that no termination from the service of
                         an employee on probation shall be made by a school,
                         except with the prior approval of the Department.
                                  (2) If the work and conduct of an employee
                         during the period of probation is found to be
                         satisfactory, he shall be, on the expiry of the period
                         of probation or the extended period of probation, as
                         the case may be, confirmed with effect from the date
                         of expiry of the said period.
                                 (3) Nothing in this rule shall apply to an
                         employee who has been appointed to fill in a
                         temporary vacancy or any vacancy for limited
                         period.
                                       86
                 Haryana School Education Rules, 2003
    88. (1) There shall be a seniority roster for each              Seniority.
cadre and the names of the employees appointed to        sections 24 (2) and 8.
the posts in each cadre shall be arranged in the
roster in accordance with this rule.
         (2) Seniority of employees shall be
determined by the order of merit in which they were
selected for appointment to the concerned post, those
selected on an earlier occasion being ranked senior
a selected later:
    Provided that in a case where a joint seniority
roster of employees of each cadre common to all
schools in Haryana used to be maintained by
society or trust running such schools prior to the
commencement of these rules, interseseniority of all
employees of such schools shall continue to be
maintained jointly.
         (3) Interseseniority between direct
recruitment and promotees shall be determined
according to the rotation of vacancies between
direct recruties and promotees which shall be based
on the quota of vacancies reserved for direct
recruitment and promotion respectively in the
recruitment rules.
         (4) Interseseniority of the employees of any
cadre shall be determined by the managing
committee:
    Provided that in a case where a joint seniority
roster of employees of each cadre common to all
schools in State used to be maintained by the
society or trust running such schools prior to the
commencement of these rules, such interseseniority
shall be determined by managing committee.
    89. (1) For every employee, there shall be               Service record.
maintained a service book in the following manner:       sections 24 (2) and 8.
                                       88
                 Haryana School Education Rules, 2003
confidential report shall make a record of such
refusal and complete the confidential report.
        (4) The confidential reports shall be
recorded every year, by the head of the school in
respect of the employees working under him and
every such confidential report shall be reviewed by
the managing committee.
         (5) The confidential report in respect of the
head of the School shall be recorded, every year, by
the chairman of the managing committee and every
such confidential report shall be reviewed by the
managing committee.
         (6) Any adverse entry in the confidential
report, in relation to any head of the school or other
employee shall be communicated to him by the
chairman of the managing committee and every such
communication shall be made in accordance with
the instructions issued by the Department.
         (7) Any employee of an aided school who
is aggrieved by any adverse entry in his confidential
report may, within fortyfive days from the date on
which such adverse entry is communicated to him,
prefer an appeal against such entry to the
appropriate authority and the appropriate authority
may, after giving to the recording authority a
reasonable opportunity of showing cause, make such
alterations in the entries in the confidential report.
         (8) The confidential report in relation to the
head of the school shall be kept in the safe custody
of the chairman of the managing committee and the
confidential reports in relation to the other
employees of the school shall be kept in the safe
custody of the head of the school.
                                     89
                         Haryana School Education Rules, 2003
Sanction of leave.
                                     91. (1) The employees shall be entitled casual
sections 24 (2) and 8.           leave as under:
                                     (a)   Upto ten years service                 10 days
                                     (b)   Ten to twenty years service            15 days
                                     (c)   Above twenty years service             20 days
                                     (d)   All female employees                   20 days
                                          (2) The head of school shall be competent
                                 to grant casual leave to the employees and in the
                                 case of head of the school, the managing committee.
                                          (3) The employees (teaching) shall also be
                                 entitled to ten days earned leave in lieu of half pay
                                 leave on completion of one year.
                                          (4) The employees (nonteaching) shall be
                                 entitled to earned leave as under:
                                     (i)   Upto the service of ten years       @ 1/24 days
                                     (ii) Above ten years upto twenty          @ 1/18 days
                                          years of service
                                     (iii) Above twenty years of service        @ 1/12 days
                                     These employees shall also be entitled to twenty
                                 half pay leave on completion of one year.
                                          [(5) The benefit of leave encashment,
                                 facilities of leave travel concession, bonus and
                                 medical reimbursement etc. shall be at the discretion
                                 of the managing committee. No grantinaid on this
                                 account shall be reimbursed by the Department.]*
                                          (6) The competent authority to sanction the
                                 leave other than casual leave shall be as under:
                                     (i)   Upto 30 days in          head of the school
                                           case of employees
                                     (ii) Beyond 30 days            managing committee
                                          upto any extent
                                     (iii) In case of head          managing committee
                                           of the school
                                        (7) Application shall be sent to the managing
*Substituted vide notification   committee by the head of the school with his remarks
No. S.O.22/H.A.12/1999/
S.24/2004 dated : 20-02-2004     regarding the admissibility thereof and if the
                                                  90
                 Haryana School Education Rules, 2003
application for leave is made by the himself no such
remarks shall be required.
       [(8) The maternity leave and miscarriage
leave shall also be available to the female
employees as per instructions issued by the
Government from time to time.]*
    92. If an employee is deputed by the managing                    Travelling
committee or head of school for the business of the         allowance and daily
aided school, he shall be entitled to get traveling                 allowance.
                                                            sections 24 (2) and 8.
allowances in accordance with the rates fixed by
managing committee from time to time. No
grantinaid on this account shall be reimbursed by
the Department.
     [93. (1) No teacher shall undertake private             Private tuition and
                                                                teaching hours.
tuition or private employment.]***
                                                            sections 24 (2) and 8.
         (2) Every teacher shall devote in a year not
less than 1000 hours to the teaching of students, out
of which not more than 200 hours may be devoted
to for the coaching, in the school premises, of weak
or gifted students, whether before or after the school
hours.
    94. Every employee of an aided school shall be             Code of conduct.
governed by a code of conduct and on the violation          sections 24 (2), 8 and 9.
of any provision of such code of conduct the
employee shall be liable to such disciplinary action
as prescribed under these rules.
    95. No employee shall, except with the previous                Private trade or
sanction of the managing committee engage directly                   employment.
                                                          sections 24 (2), 8 and 9.
or indirectly in any trade or business or undertake
any other employment:
    Provided that a teacher may with permission
undertake honorary work of a purely social or
charitable nature or occasional work of a literacy,      *Inserted vide notification
                                                         No. S.O.22/H.A.12/1999/
artistic nature or scientific nature subject to the      S.24/2004 dated : 20-02-2004
condition that his official duties do not suffer and
                                                         ***Substituted vide notification
the head of the school or the managing committee         No. S.O.3/H.A.12/1999/S.24/
does not object thereto.                                 2007 dated : 19-01-2007
                                    91
                     Haryana School Education Rules, 2003
Insolvency and
                                96. An employee shall so manage his private
habitual indebtness.        affairs as to avoid habitual indebtness or insolvency.
sections 24 (2), 8 and 9.   Any such employee against whom any legal
                            proceedings are instituted for the recovery of any
                            sum due from him or for adjudging him as insolvent
                            shall forthwith report the full facts of the legal
                            proceedings, to the head of the school or the
                            managing committee.
Appearance in                  97. No employee shall, except with the
examinations.               permission of the head of the school or the
sections 24 (2),8 and 9.
                            managing committee, appear in any examination.
Participation in                98. No employee shall take part in, subscribe to
activities.
                            or assist in any way, any movement which tends to
sections 24 (2), 8 and 9.
                            promote feelings of hatred or enmity between
                            different classes of subjects of India or to disturb
                            public peace.
Connection with               99. No employee shall, except with the prior
the press                 permission of the managing committee, wholly or
sections 24 (2), 8 and 9.
                          in part conduct or participate in the editing or
                          managing committee of any newspaper or other
                          periodical publication.
Taking part in                  100. No employee shall, except with the prior
elections.                  permission of the managing committee, stand for
sections 24 (2),8 and 9.
                            elections to Parliament, State Legislative Assembly
                            or any local body.
Joining of                      101. No employee shall join or continue to be a
association by              member of an association unless such association
employees.
sections 24 (2),8 and 9.
                            satisfies the following conditions, namely:
                                    (i) its membership is confined to a district
                                        class of employees and is open to all
                                        employees of that class;
                                    (ii) it is not in any way connected with any
                                          political party or any organisation or
                                          engaged in any political activity.
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                 Haryana School Education Rules, 2003
    102. (1) Every employee shall –
                                                                          General.
             (i) serve efficiently, act in a disciplined   sections 24 (2), 8 and 9.
                  manner and maintain absolute
                  integrity and devotion to duty;
             (ii) maintain cordial relations with the
                  pupils and their parents, the need of
                  the Institution, other employees, the
                  managing committee and the
                  Government officer concerned; and
             (iii)accept invigilation and answer
                  books evaluation duties assigned by
                  the Board from time to time.
         (2) No employee shall –
             (i) without sufficient ground, refuse to
                  undergo a course of training
                  whenever required to do so; and
             (ii) take part in any activity, which in
                  the opinion of the head of
                  institution, is calculated to lead to
                  indiscipline in the aided school.
         (3) Unless otherwise expressly provided, an
employee shall, at all times, be at the disposal of the
aided school and shall serve the school in such
capacity and at such places as he may, from time to
time be deputed by the head of the school or the
managing committee.
         (4) Save in exceptional circumstances, no
employee shall absent himself from his duty
without the prior permission of the head of the school
or the managing committee.
         (5) No employee shall –
             (i) accept or permit any member of his
                  family or any other person acting on
                  his behalf or accept, any gift from
                  any student, parent or any person
                  with whom he has come into
                  contact by virtue of his position in
                  the school.
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                     Haryana School Education Rules, 2003
                         Note:      A casual meal, gift or other social
                                    hospitality of a casual nature shall not
                                    include gift.
                         Explanation 1: The expression “gift” shall include
                                    free transport, boarding, lodging or
                                    other service or any other pecuniary
                                    advantage when provided by the
                                    person other than a near relation or
                                    personal friend having no dealings with
                                    him in connection with the school.
                         Explanation 2: On occasions, such as weddings,
                                    anniversaries, funerals or religious
                                    functions when the making of a gift is
                                    in conformity with the prevailing
                                    religious or social practice, a teacher
                                    may accept a gift.
                                     (ii) practice or invite any student to
                                          practice casteism, communalism or
                                          untouchability;
                                     (iii)cause or invite any other person to
                                          cause any damage to school
                                          property;
                                     (iv) be guilty of or encourage violence
                                          or any conduct which involves
                                          moral turpitude.
Retirement age.              103. (1) Every employee of a aided school, shall
sections 24 (2) and 8.   hold office until he attains the age of 58 years. In
                         case of Group D employees, retirement age shall be
                         sixty years.
                                  [(2) Notwithstanding anything contained in
                         subrule (1) where a teacher, head of the school has
                         obtained National or State award for rendering
                         meritorious service as a teacher, head of the school
                         or where he has received the National or State
                         awards, the period of service of such teacher, may
                         be extended by two years or such period as per State
                         policy. In no case an employee shall go beyond sixty
                         years. No employee shall be entitled to promotion
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                Haryana School Education Rules, 2003
during such extension period. The managing
committee shall forward the case to the Director for
such extension with the specific resolution. The
Director is competent to grant such extension.]***
    104.The resignation submitted by a temporary                   Resignation.
employee of an aided school shall be accepted within      sections 24 (2) and 8.
a period of thirty days and that by permanent
employee within a period of ninety days from the
date of receipt of the resignation by the managing
committee with the approval of the appropriate
authority:
    Provided that if no approval is received from
appropriate authority within thirty days, then such
approval shall be deemed to have been received
after the expiry of the said period.
   105.(1) Managing committee may place an                           Suspension.
employee of an aided school, under suspension:          sections 24 (2), 8 and 9.
                                   95
Haryana School Education Rules, 2003
    directs the continuation of the suspension beyond
    the period of six months:
        Provided that where a suspension is continued
    beyond the period of six months the Director may, if
    he is of opinion that the suspension is being
    unreasonably prolonged, revoke the order of
    suspension.
            (3) An employee of an aided school, shall
    be deemed to have been placed under suspension by
    an order of the appointing authority :
                 (a) with effect from the date of his
                      detention, if he is detained in Police
                      custody for a period exceeding forty
                      eight hours on a charge of an offence
                      which in the opinion of the
                      managing committee involves moral
                      turpitude;
                 (b) with effect from the date of his
                      conviction, if in the event of a
                      conviction for an offence involving,
                      in the opinion of the managing
                      committee, moral turpitude, he is
                      sentenced to a term of imprisonment
                      exceeding forty eight hours and is
                      not forthwith dismissed or removed
                      from service consequent on such
                      conviction.
    Explanation:The period of forty eight hours referred
                  to in this rule shall be computed from
                  the date of commencement of the
                  detention or conviction, as the case may
                  be, and for this purpose, intermittent
                  periods of detention shall be taken into
                  account.
            (4) Where a penalty of dismissal, removal
    from service imposed upon an employee is set aside
    or rendered void, in consequence of or by, a
    decision of a court of law or of the Tribunal ; and the
    disciplinary authority on a consideration of the
    circumstances of the case decides to hold further
                   96
                 Haryana School Education Rules, 2003
inquiry against such employee on the same
allegations on which the penalty of dismissal,
removal was originally imposed, such employee shall
be deemed to have been placed under suspension by
the managing committee from the date of original
order of dismissal, removal and shall continue to
remain under suspension until further orders :
     Provided that no such further enquiry shall be
ordered unless it is intended to meet a situation where
the court has passed an order purely on technical
grounds without going into the merits of the case.
          (5) (a) An order of suspension made or
                  deemed to have been made in these
                  rules shall continue to remain in
                  force until it is modified or revoked
                  by the managing committee.
              (b) Where an employee is suspended
                  or is deemed to have been suspended
                  and any other disciplinary
                  proceeding is commenced against
                  him during the continuance of that
                  suspension,        the    managing
                  committee may for reasons to be
                  recorded in writing, direct that the
                  employee shall continue to be un-
                  der suspension until the termination
                  of all or any such proceeding.
              (c) An order of suspension made or
                  deemed to have been made under
                  these rules may, at any time be
                  modified or revoked by the
                  managing committee.
          [(6) Resignation of employee under
suspension shall not be accepted before taking final
decision of suspension.]***
     106. (1) An employee, under suspension shall,                    Subsistence
in relation to the period of suspension, be entitled to                allowance.
the following payments, namely:                            sections 24 (2),8 and 9.
                                     97
Haryana School Education Rules, 2003
                   drawn by him and in addition to such
                   pay, dearness allowances at the
                   appropriate rate to be paid in the
                   same manner as salary:
                        Provided that where the period
                   of suspension is extended beyond
                   six months, the managing committee
                   shall be competent to vary the
                   amount of subsistence allowance for
                   any period subsequent to the period
                   of last six months as follows :
              (i) the amount of subsistence allowance
                   may be increased by a suitable
                   amount, not exceeding fifty percent
                   of the subsistence allowance
                   admissible for the first six months,
                   if in the opinion of the managing
                   committee, the period of suspension
                   has been prolonged, for reasons not
                   directly attributable to the
                   employee;
              (ii) the amount of subsistence allowance
                   may be reduced by a suitable
                   amount not exceeding fifty percent
                   of the subsistence allowance
                   admissible for the first six months,
                   if in the opinion of the managing
                   committee, the period of suspension
                   has been prolonged due to reasons
                   to be recorded in writing directly
                   attributable to the employee;
           (b) Any other compensatory allowance
               admissible, from time to time, on the
               basis of pay of which the employee was
               in receipt on the date of suspension:
                   Provided that the employee shall not
               be entitled to the compensatory allowance
               unless the managing committee is
               satisfied that the employee continues to
               meet the expenditure for which such
               compensatory allowance is admissible;
                98
                 Haryana School Education Rules, 2003
         (c) No payment of subsistence allowance
              shall be made unless the employee
              furnishes a certificate to the effect that
              he is not engaged in any other
              employment, business, profession or
              vacation:
                  Provided that in the case of an
              employee dismissed, removed from
              service, who is deemed to have been
              placed or to continue to be under
              suspension and who fails to produce
              such a certificate for any period or
              periods during which he is deemed to
              be placed or continue to be under
              suspension, he shall be entitled to the
              subsistence allowance and other
              allowances equal to the amount by
              which his earnings during such period
              or periods, as the case may be, fall short
              of the amount of subsistence allowance
              and other allowances which would
              have otherwise been admissible to him.
         (d) Where the subsistence and other
              allowances admissible to him are equal
              to or less than the amount earned by
              him, nothing under this rule shall
              apply to him.
    (2) Where a suspended employee is exonerated
after disciplinary proceeding or where any criminal
prosecution against a suspended employee ends with
an honourable acquittal, the salaries and allowances
of such employee minus the subsistence allowance                    Penalties and
received by him, shall be paid to him from the date        disciplinary authority.
on which he was suspended.                                 sections 24 (2), 8 and 9.
    107. The following penalties may, for good and
sufficient reasons, including the breach of one or
more of the provisions of the code of conduct, be
imposed upon an employee of an aided school
whether recognised or not, namely :
         (a) Minor penalties :
             (i) censure;
             (ii) recovery from pay of the whole or
                                      99
                     Haryana School Education Rules, 2003
                                           any part of any pecuniary loss
                                           caused to the school by negligence
                                           or breach of orders;
                                      (iii)withholding of increments of pay
                                           without cumulative effect;
                                      (iv) withholding of promotion.
                                  (b) Major penalties:
                                      (i) reduction in rank ;
                                      (ii) withholding of increments of pay
                                           with cumulative effect;
                                      (iii)compulsory retirement ;
                                      (iv) removal from service, which shall
                                           not be a disqualification for future
                                           employment in any other aided
                                           school ;
                                      (v) dismissal from service, which shall
                                           ordinarily be a disqualification for
                                           future employment in any aided
                                           school.
                           Explanation: The following shall not amount to a
                                       penalty within the meaning of this rule,
                                       namely :
                                  (a) stoppage at the efficiency bar on the
                                       ground of unfitness to cross the bar;
                                  (b) retirement of the employee in
                                       accordance with the provisions relating
                                       to the superannuation on retirement;
                                  (c) discharge of an employee appointed on
                                       shortterm officiating vacancy caused by
                                       the grant of leave, suspension or the
                                       like.
Disciplinary
authorities in respect
                              108. The disciplinary authority in respect of
of employees.
                           every aided school shall be the managing
sections 24 (2),8 and 9.
                           committee of the school.
                                    [108A. (1) If managing committee is of the
Compulsory                 opinion that it is in public interest to retire an
retirement.
sections 8 and 24.
                           employee for the reasons to be recorded in writing,
                           it shall have the right by giving the employee
                           concerned, a prior notice, in writing, of not less than
                                         100
                 Haryana School Education Rules, 2003
three months, to retire him on the date on which he
completes twenty years of qualifying service or on
any other dates thereafter to be specified in the
notice.
        (2) If the retirement of the employee made
under sub rule(1) is set aside by a court of law, all
pecuniary liabilities consequent thereto from the date
of compulsory retirement upto the date of his
rejoining the post, shall devolve on the managing
committee.]
    109. No order imposing a minor penalty shall be                Procedure for
                                                                 imposing minor
made except after informing the employee in
                                                                       penalties.
writing of the proposed action against him and the        sections 24 (2),8 and 9.
allegation on which such action is proposed to be
taken and except after giving to the employee an
opportunity to make any representation against the
proposed action.
    110. No order imposing on an employee any                     Procedure for
                                                                imposing major
major penalty shall be made except after an inquiry,
                                                                       penalty.
held, as far as may be, in the manner specified          sections 24 (2), 8 and 9.
below :
        (a) The disciplinary authority shall frame
            definite charges on the basis of the
            allegations on which the inquiry is
            proposed to be held and a copy of the
            charge together with the statement of
            the allegations and list of witnesses on
            which they are based shall be furnished
            to the employee and he shall be required
            to submit within such time as may be
            specified by the disciplinary authority,
            but not later than two weeks, a written
            statement of his defence and also to
            state whether he desires to be heard in
            person;
        (b) On receipt of the written statement of
                                                         ***Inserted vide notification
            defence, or where no such statement is       No. S.O.3/H.A.12/1999/S.24/
            received within the specified time, the      2007 dated : 19-01-2007
                                    101
Haryana School Education Rules, 2003
                disciplinary authority may itself make
                inquiry into such of the charges as are
                not admitted or if considers it
                necessary so to do, managing
                committee shall appoint an inquiry
                officer for the purpose, who will
                submit his report within three months.
                In case enquiry is not completed within
                three months, the inquiry officer will
                have to take permission from the
                managing committee for the extension
                of time;
           (c) At the conclusion of the inquiry, the
                inquiry officer shall prepare a report of
                the inquiry regarding his findings on
                each of the charges together with the
                reasons therefor;
           (d) The disciplinary authority shall consider
                the record of the inquiry officer and
                record its findings on each charge and
                if the disciplinary authority is of
                opinion that any major penalty should
                be imposed, it shall :
               (i) furnish to the employee a copy of
                    the report of the inquiry officer,
                    where an inquiry has been made by
                    such officer;
               (ii) give him notice in writing stating the
                    action proposed to be taken against
                    him and calling upon to submit his
                    representation within the specified
                    time of not less than 30 days;
               [(iii) on receipt of the representation,
                    if any, made by the employee,
                    determine what penalty, if any, shall
                    be imposed on him before
                    communicate its final decision to
                    him it shall be referred to the
                    appropriate authority for approval.
                    The appropriate authority shall
                102
              Haryana School Education Rules, 2003
               convey the approval/disapproval to
               the managing committee within
               thirty days. If no decision is taken
               within such period, it shall be treated
               as approved. The managing
               committee thereafter communicates
               its final decision to the employee
               with a copy to the appropriate
               authority.]1***
111.(a)    After receipt of the decision of the              Appeal against the
           disciplinary authority the employee                            2
                                                                  penalty. ***
           concerned may present his appeal              sections 24 (2), 8 and 9.
           against the order of the disciplinary
           authority to the District Education
           Officer/ District Primary Education
           Officer within 30 days of the
           receipt of the order.
    (b)   After going through the facts and other
           relevant records relating to the case and
           hearing both the parties in person, the
           District Education Officer/ District
           Primary Education Officer shall
           convey the decision to the managing
           committee within 60 days from the date
           of receipt of the such appeal.
    (c)   The decision shall be binding for both
           the parties, however, the aggrieved
           party may appeal to the Director within
           30 days from the date of receipt of the
           decision.
    (d)    On receipt of the appeal from the
           aggrieved party i.e. disciplinary
           authority/ employee, Director may
           require the disciplinary authority to         1
           furnish relevant record of the case.           ***Substituted vide notification
                                                         No. S.O.3/H.A.12/1999/S.24/
    (e)   After examining the record and giving          2007 dated : 19-01-2007
           hearing to the parties if requested, the      2
                                                          ***word proposed omitted
           Director shall decide the appeal by           vide notification No. S.O.3/
                                                         H.A.12/1999/S.24/2007
           upheld or remand or reduce/ enhance           dated : 19-01-2007
           penalty.
                                   103
                  Haryana School Education Rules, 2003
                                (f) The decision of the Director shall be
                                    final and binding for both the parties:
                                             Provided in the case of minority
                                         aided schools the above provisions
                                         regarding appeal shall be voluntary for
                                         the said school whose managing
                                         committee may either adopt this
                                         provision of appeal or may devise their
                                         own method and remedy for
                                         appeal, failing which the aggrieved
                                         party will have its remedy under the
                                         court of law.
                                    [(g) The appellate authority may entertain
                                         the appeal after the expiry of the said
                                         period of thirty days, if it is satisfied
                                         that the appellant was prevented by
                                         sufficient cause from filing the appeal
                                         in time. Where an appeal is preferred
                                         under clause (a) and (d), the first/
                                         second appellate authority, as the case
                                         may be, may stay the enforcement of
                                         the relevant order for such period and
                                         on such conditions, as it deems fit.
                                    (h) The Director may himself or on an
                                         application made by the aggrieved party
                                         review its own decision, if he
                                         considers that some points of facts were
                                         left from his view or ignorance of any
                                         material fact or any error apparent on
                                         the face of the record and pass fresh
                                         order as he deems fit.]***
 Pay and allowances             112. (1) When an employee who has been
 on reinstatement.          dismissed or removed from service is reinstated as a
 sections 24 (2), 8 and 9. result of appeal or would have been so reinstated
                            but for his retirement on superannuation while
                            under suspension preceding the dismissal or removal,
                            as the case may be, the managing committee shall
                            consider and make a specified order :
                                    (a) with regard to the salary and allowances
                                         to be paid to the employee for the
***added vide notification
No. S.O.3/H.A.12/1999/S.24/              period of his absence from duty,
2007 dated : 19-01-2007                  including the period of suspension
                                      104
                Haryana School Education Rules, 2003
              preceding his dismissal or removal, as
              the case may be; and
         (b) whether or not the said period shall be
              treated as the period spent on duty.
              Whether qualifying for pay and
              allowance or pension.
         (2) Where the managing committee is of
opinion that the employee who had been dismissed
or removed from service has been fully, exonerated,
the employee shall be paid the full salary and
allowances to which he would have been entitled
had he not been dismissed or removed form service
or suspended prior to such dismissal or removal form
service, as the case may be:
    Provided that where the managing committee is
of opinion that the termination of the proceedings
instituted against the employee had been delayed due
to reasons directly attributable to the employee, it
may, after giving a reasonable opportunity to the
employee to make representation and after
considering the representation, if any, made by the
employee, direct, for reasons to be recorded by it in
writing, that the employee shall be paid for the
period of such delay only such proportion of the
salary and allowances as it may determine.
         (3) The payment of allowances shall be
subject to all other conditions under which such
allowances are admissible and the proportion of the
full salary and allowances determined under the
provision to sub rule (2) shall not be less than the
subsistence allowance and other admissible
allowances.
   CONTRIBUTORY PROVIDENT FUND
    113. In this Chapter unless the context otherwise           Definitions.
requires                                                sections 24 (2) and 8.
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    event of his death before that amount has become
    payable or having become payable has not been paid:
        Provided that if at the time of making the
    nomination the subscriber has a family, the
    nomination shall not be made in the favour of any
    person other than the members of his family:
        Provided further that the nomination made by
    the subscriber in respect of any other provident fund
    to which he was subscribing before joining the fund,
    shall, if the amount to his credit in such other fund
    has been transferred to his credit in the fund, be
    deemed to be a nomination duly made under these
    rules, until he makes a nomination in accordance with
    these rules.
       Note:     The application for admission to the
                 fund shall not be forwarded to the head
                 of the school unless it is accompanied
                 by nomination form duly completed by
                 the subscriber.
             (2) If subscriber nominates more than one
    person, he shall specify in the nomination a sum, or
    share in the amount of credit, in the fund payable to
    each of the nominees.
             (3) A subscriber may, at any time, cancel
    the nomination by signing a notice in writing to the
    District Education Officer/ District Primary
    Education Officer through school. On receiving the
    notice the nomination shall be cancelled and returned
    to the subscriber.
             (4) A subscriber shall, within a reasonable
    time, send fresh nomination in accordance with the
    foregoing provision. If the subscriber fails to
    furnish fresh nomination in accordance with these
    rules and the sum at his credit in the fund becomes
    payable as a result of his death, the payment thereof
    shall be made in accordance with these rules as if no
    valid nomination subsists.
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(5) A subscriber any provide in his nomination :
         (a) That in respect of any specified
              nominee predeceasing the subscriber,
              the right conferred upon that nominee
              shall pass on to such other person or
              persons as may be specified in the
              nomination:
                  Provided that such other persons or
              person shall, if the subscriber has other
              members of his family, be such other
              member or members;
         (b) that the nomination shall become
              invalid in the event of happening of a
              contingency specified therein:
                  Provided that if at the time of making
              nomination, the subscriber has no family
              he shall provide in the nomination that
              it shall become invalid in the event of
              his subsequently acquiring a family:
                  Provided further that if at the time
              of making the nomination, a subscriber
              has only one member of his family he
              shall provide in the nomination that the
              right conferred upon the alternate
              nominee under clause (a) shall become
              invalid in the event of his subsequently
              acquiring other member or member in
              his family.
         (6) In the event of death of a nominee in
respect of whom no special provision has been made
in the nomination under clause (a) of subrule (5) shall
on the occurrence of such event by reasons of which
the nomination becomes invalid in pursuance of
clause (b) of this subrule, the subscriber shall send
to the District Education Officer/ District Primary
Education Officer a notice in writing cancelling the
said nomination together with a fresh nomination in
accordance with the provisions of this rule.
       119. The accounts shall be maintained in the        Subscriber’s account.
name of each subscriber by the head of the school            sections 24 (2) and 8.
concerned.
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                                      113
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                                   any emergent repairs in the buildings of the school
                                   or for any other emergent purpose.
                                                       CHAPTER V
                                     PROVISIONS APPLICABLE TO MINORITY
                                                  SCHOOLS
Application to open a                  [128. (1)The managing committee of a minority
minority school.                   school desired to open a minority school under this
sections 24 (2).
                                   category shall apply to Director alongwith
                                   certificate of minority community issued by
                                   appropriate authority of the State. The Director shall
                                   decide whether it falls within that minority category
                                   and shall pass orders as he deems fit.]***
                                          (2) minimum qualifications for the
                                   employees of minority schools shall be as given in
                                   Appendix A.
                                           (3) managing committee shall prescribe a
                                   code of conduct for its employees.
 Recruitment.                          129.(1) Recruitment of the employees in
 sections 24 (2) and 12.           recognised minority school whether aided or unaided
                                   shall be made on the recommendation of selection
                                   committee to be constituted by the managing
                                   committee of that school.
                                           (2) The selection committee shall include:–
                                           (a) in the case of recruitment of the head
                                               of the school –
                                               (i) the President of the managing
                                                   committee;
                                               (ii) an educationist, nominated by the
                                                    managing committee; and
                                               (iii) a person having experience of
                                                    administration of schools, nominated
                                                    by the managing committee.
***Substituted vide notification
No. S.O.3/H.A.12/1999/S.24/                (b) in the case of recruitment of any teacher
2007 dated : 19-01-2007
                                               other than head of the school –
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             (i) the President of the managing
                 committee;
             (ii) the head of the school; and
             (iii)an educationist, nominated by the
                  managing committee; and
         (c) in the case of recruitment of any other
              employee–
             (i) the President of the managing
                  committee or any member or the
                  managing committee nominated by
                  the President; and
             (ii) the head of the school.
          (3) The Selection Committee shall regulate
its own procedure regarding recruitment of employees
and, in the case of any difference of opinion amongst
the members of the Selection Committee on any
matter, the same shall be decided by the managing
committee of the school.
         (4) Where a candidate for recruitment to any
post in an unaided/ aided minority school is related
to any member of the Selection Committee, the
member to whom he is related, shall not participate
in the selection and a new member shall be
nominated in his place by the managing committee
of the school.
                  CHAPTER VI
   ADMISSION TO SCHOOLS AND FEES
A. Admission to recognised schools (aided or
   unaided)
    130. The Department may regulate admissions Power of Department
to recognised schools or to class thereof in terms of            to regulate
                                                              admissions to
age limit, minimum level of competencies or in
                                                       recognised schools.
order to comply with various provisions of the State/ sections 24 (2) and 15.
Central Act/laws.
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                      Haryana School Education Rules, 2003
Admission to be made
                                  133. (1) Admission of students in recognized
without any                   school shall be made without any discrimination re-
discrimination.               garding religion, race, caste, place of birth, or any
sections 24 (2) and 15.       other consideration which may amount to prejudice
                              or bias. A minority school may have its own proce-
                              dure and method of admission as well as selection
                              of students, but such a procedure must be fair and
                              transparent and on the basis of merit.
                                        (2) In case of aided minority schools
                              students other than the minority communities will
                              be admitted to the extent of available seats after
                              fulfilling all the seats from the particular minority.
Admission to                      134. No recognised school shall refuse
handicapped children.         admission to any handicapped child upto 3% of the
sections 24 (2) and 15.
                              total seats available/filled in that school.
Reservation for poor              [134A. The recognized private schools shall
meritorious students.         reserve 25% seats for meritorious poor students. The
sections 24(2) and 15         school shall charge fee from these students at the
                              rate as charged in Government schools. The deficit
***added vide notification
No. S.O.3/H.A.12/1999/S.24/   of difference of fee shall be charged from the other
2007 dated : 19-01-2007       students of the school.]***
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                 Haryana School Education Rules, 2003
        135.(1) A student who fails in final
                                                           Admission of failed
examination first time shall not be refused                 students not to be
readmission in the school or class by the school from                 refused.
which he had appeared at such examination.                sections 24 (2) and 15.
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                      Haryana School Education Rules, 2003
Puipl’s fund.                145. (1) Pupils fund will be charged from the
sections 24 (2), 15, 16   student by an aided school according to the
and 17.                   Government instructions issued from time to time.
                                   (2) Each aided school shall send the amount
                          as share money out of pupils fund to the concerned
                          District Education Officer/ District Primary
                          Education Officer as per Government instructions
                          issued from time to time.
                                  (3) The head of school may incur various
                          expenditure out of the pupils fund at one time as per
                          Government instructions issued from time to time.
                                   (4) If any aided school does not deposit share
                          money of pupils funds by 30th September a penalty
                          shall be charged per day as per Government
                          instructions issued from time to time.
                                    (5) In case of Senior Secondary stage, for
                          practical subjects such as Physics, Chemistry,
                          Biology, Typing, Geography, Music, Home Science
                          etc., as practical subject fee shall be charged as per
                          Government instructions issued from time to time.
                                   (6) The amount standing to the credit of the
                          pupils fund shall be at the disposal of the head of the
                          school and shall be spent in the interest of the
                          students for various physical and cocurricular
                          activities of the school or for purposes as specified
                          by the Government instructions issued from time to
                          time.
                                   (7) The pupils funds account shall be
                          maintained and operated by the head of the school.
                          The funds collected shall be deposited in a post
                          office saving bank account or with a Cooperative
                          Bank/Nationalized Bank.
                                   (8) The pupils funds account shall be got
                          audited like other accounts of the school by
                          Department/ Director local fund and the audit fees
                          shall be paid out of the pupil’s fund.
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       (9) To incur any expenditure out of pupil’s
fund a committee comprising the following
members shall be formed:–
              Head of School
              Senior most teacher
              Head of parents teacher association.
              Fund Incharge
         (10) The committee is authorised to spend
pupil’s fund on any item as it deems fit as per norms
given in sub rule (6) for the welfare of the students.
         (11) Travelling allowance for pupils and
teachers participating in sports / science and other
competitions, actual bus fare and various expenses
pertaining to meals of the participants and teachers
shall be charged by an aided school to take part in
various activities such as Sports / Science exhibition/
other competitions as fixed by the managing
committee from time to time.
    146. A detailed and printed receipt shall be Printed receipt of fee
                                                                        and funds.
issued for every fee and charges taken from the
                                                        sections 24(2),15,16 and 17.
students.
    147. All fees and funds shall be charged for a Fee payable for twelve
full period of twelve months, from the students at                         months.
the rates specified in these rules except in the sections 24 (2), 15, 16 and 17.
following cases, namely:–
         (a) a student, who has been expelled or
             rusticated during a session shall not be
             required to pay fees and fund beyond
             the month in which he was expelled or
             rusticated;
         (b) in case of readmission of a student to
             the school last attended or in any other
             school, fee shall be payable from the
             month from which he had left school
             in the same session;
         (c) a second fee for the same month shall
             not be charged from a student on
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                        Haryana School Education Rules, 2003
                                         transfer from one aided school to
                                         another aided school, provided that he
                                         gives proof of payment of fees and
                                         funds in the former school.
Last date of payment            148. All fees and funds payable to a school by a
of fees and funds.
                            students shall be payable by the 10th of day of the
sections 24 (2),15,16
and 17.                     month in which these are due:
                                Provided that where the school remains closed
                            on the 10th of day of the month, such fees and funds
                            shall be payable on the date following the 10th of
                            day on which the school reopens:
                                Provided further that where the school remains
                            closed due to long vacation, fees and contributions
                            shall be payable within ten days from the day on
                            which the school reopens after the long vacation.
Fine for late                   149.(1) A fine for late payment of the fee and
payment of fees and         funds due to school shall be charged from the student
struck of the name
                            at the rate as per Government instructions issued
of the student.
sections 24 (2), 15, 16     from time to time for every day for maximum of ten
and 17.                     days, after 10th day of the month. The name of the
                            student shall be struck off on the 21st day of the
                            month or on the next working day if 21st day
                            happens to be a holiday:
                                Provided that in the case of nonpayment of fee
                            for the month of May in which the school closes in
                            the middle of the month for long vacation, the name
                            of the student shall be struck off on the last working
                            day of the month of July, if the fees remains unpaid
                            upto that day.
                                     (2) If a student whose name has been struck
                            off seeks readmission fee in the same month no
                            readmission fee will be charged otherwise
                            readmission fee shall be charged as per Government
                            instructions issued from time to time.
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                Haryana School Education Rules, 2003
    150. (1) Every employee collecting any fee and         Collected amount to
funds shall deposit the amount collected by him with       be deposited on the
the cashier of the school by whatever name called,                   same day.
on the same day on which the collections are made           sections 24 (2),15,16
                                                                          and 17.
and it shall be the duty of the cashier to enter the
amount so received, immediately in the fee
collection register and thereafter in the cash book
and to append his initials thereto for the amount
received.
         (2) The attendance register, fee collection
register and the cash book shall be submitted by the
cashier to the head of the school for reconciliation
and the head of the school shall after verification,
countersign the entries in those registers.
    151. No fee, fund or contribution, other than               Ban on levy of
                                                              unauthorised fees
those specified in these rules, or permitted by the
                                                                       or fund.
Department in writing, shall be charged by any aided    sections 24(2),15,16 and 17.
school.
    152. (1) No aided school shall levy or collect            Donations not be
any donation compulsorily from any student or any           levied compulsory.
                                                         sections 24(2),15,16 and 17.
parent or guardian of any student.
         (2) No aided school shall collect any
donation through its students for the aid of teachers
or for any fund for the aid of teachers.
         (3) Voluntary donations collected by the
managing committee of an aided school shall be
accounted for separately and may, at the discretion
of managing committee, be utilised for meeting the
managing committee’s share of the expenses referred
to in sub section (2) of section 17.
        (4) In computing the grantinaid, voluntary
donations collected by the managing committee of
an aided school shall not be taken into account.
    153.(1) The head of the school may exempt                 Fee concessions in
deserving students, whose parents or guardians are                aided schools.
not financially solvent to pay the fees specified in     sections 24 (2),15, 16 and 17.
these rules, from payment of the whole or one half
of such fees for a period of twelve months
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Haryana School Education Rules, 2003
    commencing from the Ist day of May of each year or
    from the date of admission of the child or ward,
    whichever is later, and such exemption shall be
    regulated in the manner specified in these rules.
             (2) Exemption made to any student under
    subrule (1) shall, so long as the conditions for
    eligibility for exemption are fulfilled and the
    student continues in the school, be renewed from
    year to year.
            (3) In the aided schools upto a limit of
    twenty per cent of the total number of students on
    the rolls of the school in all the classes in the
    secondary and senior secondary stage as on the 7th
    day of May of the year may be exempted from the
    payment of the whole or one half of the fees, and
    where any student is admitted after the 7th day of
    May but before the 31st day of August of that year,
    upto a limit of twenty percent of the students so
    admitted may be exempted from the payment of the
    whole or one half of the fees.
             (4) The proportion of the students receiving
    exemption from the payment of the whole or onehalf
    of the fees may be varied in any of classes in the
    secondary or senior secondary stage at the
    discretion of the head of the school, so however, that
    the number of students enjoying exemption from
    payment of the whole of the fee shall not exceed
    fifteen percent of the students at any time of the year.
             (5) The percentage of the students receiving
    exemption from payment of the fee shall be
    calculated on the total number of students in all the
    classes in the secondary and senior secondary stage
    reduced by the number of students granted
    exemption from payment of fee under the provision
    relating to:-
                 (a) the concessions to students
                     belonging to the Scheduled Castes
                     or Scheduled Tribes;
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                 Haryana School Education Rules, 2003
            (b) students having brother or sisters
                studying in the same school or a
                school under the same managing
                committee;
            (c) students who are wards of teachers.
         (6) In calculating the number of exemptions
from payment of fee, the number shall not be
altered during the year except where, owing to the
departure from the school of any student enjoying
exemption, a vacancy arises and it is deemed
necessary to pass on the exemption enjoyed by the
student so departing, to any other deserving student
of the school.
         (7) Where the number of students eligible
for receiving exemption from payment of fee is in
excess or the number of students to whom exemption
is admissible under these rules exceeds the
exemption shall be made in order of merit on the
basis of the results of the immediately previous
annual examination or, if necessary, on the basis of
a special competitive examination to be held to
determine the order of merit of the eligible students.
         (8) When two brothers or sisters are studying
in the same school, the brother or sister, as the case
may be, in the higher class shall pay the specified
fee at the full rates and other brother shall pay fees
at onehalf of the specified rates.
Explanation : If two brothers and sisters are
          studying in the same class, the
          specified fee shall be paid by the
          elder brother or sister at full rates, and
          at onehalf of the rates by the other.
        (9) No fee shall be charged from the
children or wards of the employees of an aided
school.
         (10) No fee shall be charged from the
children of the employees of the aided school who
have retired from service or have died.
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                       Haryana School Education Rules, 2003
                                    127
                          Haryana School Education Rules, 2003
                                   funds shall be collected and specified share shall be
                                   deposited with the concerned District Education
                                   Officer/Additional District Education Officer before
                                   30th September every year.]***
                                                    CHAPTER VII
                                                  MISCELLANEOUS
                                   A. Contract of service.
 Signing of contract.                  161. The managing committee of every
 Sections 20.                      recognised private school shall enter into a written
                                   contract of service in appendix B with every em-
                                   ployee of such school. A passport size photo of each
                                   employee shall be affixed on the filled in proforma
                                   of contract of his service.
                                   B. Service rules for employees of unaided
                                      recognised schools and employees working in
                                      aided schools on unaided posts.
 Service conditions                    [162. (I) Every managing committee of recognized
                                   school i.e. running under self finance scheme shall
                                   frame the rules and regulations of their employees
                                   in relation to:—
                                           (i) Service conditions of the employees;
                                           (ii) Recruitment procedure;
                                           (iii) Salary to the teachers (not less than
                                                 minimum wage policy of the state);
                                           (iv) Service Benefits i.e. Contributory
                                                 Provident Fund, Medical, Leave,
                                                 Increments etc.;
                                           (v) Qualifications of teaching and non
                                                 teaching (not less than prescribed
                                                 under AppendixA to these rule);
                                           (vi)Code of conduct and penalties;
                                           (vii) Constitution of disciplinary committee
                                                 etc.;
***Substituted vide notification
No. S.O.3/H.A.12/1999/S.24/                (viii) The school authority shall pay the salary
2007 dated : 19-01-2007
                                                 to the staff through Cheque/Bank.
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                Haryana School Education Rules, 2003
        (2) The copies of rules and regulations
referred to in subrule (I) shall be supplied to the
Department at the time of application for
recognition.]***
                   C. General*
    186. Every managing committee shall allow a          Managing committee
school managed by it to function normally and            not to create adverse
                                                                    situations.
smoothly and shall not cause any situation by which,               section 24 (2).
or due to which, the normal and smooth functioning
of the school may be hampered nor shall it interfere
in the daytoday affairs of the school.
    187.(1) The Director shall be competent to                   Inspection of
                                                           recognized schools.
authorize to any officer (s) for inspection of all or
                                                                   section 24 (2).
any of the functions and activities of the recognized
school. The school authority shall allow the
inspection of record as required by the inspecting
officer.
         (2) The Advance intimation of the
inspection of recognized school shall be given to the
head of the school.
         (3) The Director may also carry out surprise
inspection himself or through any authorized officer.
                                                                Inspection how
    188. (1) Every inspection shall be as objective
                                                                    to be made.
as possible and shall be aimed at bringing about                   section 24 (2).
improvements in the standards of teaching in the
school.
       (2) In making the inspection special
emphasis shall be given to the following works,
namely:–
            (i) academic work, that is to say, actual
                                                        ***Substituted against rules
                 teaching and its different aspects;    162-185 vide notification
                                                        No. S.O.3/H.A.12/1999/S.24/
            (ii) library and its service to students    2007 dated : 19-01-2007
                 and teachers;
                                                        *added vide notification
            (iii)games and sports and their             No. S.O.22/H.A.12/1999/
                                                        S.24/2004 dated : 20-02-2004
                 organization;
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                     Haryana School Education Rules, 2003
                                       (iv) cocurricular activities;
                                       (v) cordiality or otherwise of the
                                            teachers of the school with the
                                            parents of the students and the
                                            community in general;
                                       (vi) administration of the school;
                                       (vii) accounts of the school and their
                                            maintenance;
                                       (viii) the school plant and physical needs
                                            of the schools;
                                       (ix) discipline, tone and tenor of the
                                            school; observation by the school of
                                            the rules and instructions;
                                       (x) Observation by the school of the
                                            rules and instructions.
                                   (3) The inspecting officer shall go to each
                         class and watch the teaching by each teacher in
                         atleast two classes and shall specifically note the
                         matters specified in Form VII.
Inspection report.           189. The report of every inspection shall be made
sections 24 (2).         in Form VII and shall contain information with
                         regard to each matter specified in the Form.
Rectifying defects           190. The Director may give directions to the
and deficiency.          managing committee requiring it to rectify the
section 24 (2)           defects or deficiencies found at the time of inspection
                         or otherwise in the working of the school.
 Failure to comply           191. If the managing committee fails to comply
 with directions.        with the directions given under rule 189 the
 section 24 (2).         Director may, after considering the explanation or
                         report, if any, given or made by the managing com-
                         mittee, take such action as he may deem fit, includ-
                         ing:–
                                   (a) stoppage of aid (in case of aided
                                        schools);
                                  (b) withdrawal of recognition; or
                                  (c) taking over the managing committee in
                                       case of aided school.
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                  Haryana School Education Rules, 2003
    [191.A. Any act done by any individual or                           Penal action
association of individuals or society or trust or firm
or company in contravention of these rules, shall be
treated as an offence under these rules and shall be
punishable under relevant laws.]***
                                                                    Fees for appeal.
    192. Every appeal to the appellate authority shall                 section 24 (2).
be filed along with a fee of Rs.250/ for primary
school, Rs. 500/ for Middle school and Rs. 1000/
for High and Senior Secondary School in form of
demand draft in favour of Director.
    193. The provision of these rules shall not apply Provision of rules not
to the schools run by Government or Central to apply to Government
                                                                    schools.
Government in the State.
                                                                       section 24 (2).
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                  Haryana School Education Rules, 2003
_____________________________________________________
                                                    M.L. Tayal
                                            Commissioner & Secretary to
                                              Government of Haryana,
                                           Education Department, Haryana
**********
132