The Delhi School Education Act, 1973

(1) This Act may be called the Delhi School EducationAct, 1973. (2) It extends to the whole of the Union territory of Delhi. (3) It shall come into force on such date as the Administrator may, by notification, appoint anddifferent dates 1 may be appointed for different provisions of this Act, and any reference to thecommencement of this Act in relation to any provision thereof shall be construed as a reference to thedate on which that provision comes into force.

In this Act, unless the context otherwise requires, (a) “Administrator” means the Administrator of the Union territory of Delhi appointed by thePresident under article 239 of the Constitution; (b) “Advisory Board” means the Board referred to in section 22; (c) “aid” means any aid granted to a recognised school by the Central Government,Administrator, a local authority or any other authority designated by the Central Government,Administrator or a local authority; (d) “aided school” means a recognised private school which is receiving aid in the form ofmaintenance grant from the Central Government, Administrator or a local authority or any otherauthority designated by the Central Government, Administrator or a local authority; (e) “appropriate authority” means, (i) in the case of a school recognised or to be recognised by an authority designated orsponsored by the Central Government, that authority; (ii) in the case of a school recognised or to be recognised by the Delhi Administration, theAdministrator or any other officer authorised by him in this behalf; (iii) in the case of a school recognised or to be recognised by the Municipal Corporation ofDelhi, that Corporation; (iv) in the case of any other school, the Administrator or any other officer authorised by himin this behalf; (f) “Delhi” means the Union territory of Delhi; (g) “Director” means the Director of Education, Delhi, and includes any other officer authorisedby him to perform all or any of the functions of the Director under this Act; (h) “employee” means a teacher and includes every other employee working in a recognisedschool; (i) “existing employee” means an employee of an existing school who is employed in such schoolimmediately before the commencement of this Act, and includes an employee who was employed insuch school for a period of not less than twelve months immediately preceding the 2nd day ofSeptember, 1972; (j) “existing school” means a recognised private school which is in existence at thecommencement of this Act; (k) “Head of school” means the principal academic officer, by whatever name called, of arecognised school; (l) “local authority” means, (i) in relation to an area within the local limits of the Municipal Corporation of Delhi, thatCorporation; (ii) in relation to an area within the local limits of the New Delhi Municipal Committee, thatCommittee; (iii) in relation to an area within the local limits of the Delhi Cantonment Board, that Board; (m) “manager”, in relation to a school, means the person, by whatever name called, who isentrusted, either on the date on which this Act comes into force or, as the case may be, under ascheme of management made under section 5, with the management of the affairs of that school; (n) “managing committee” means the body of individuals who are entrusted with the managementof any recognised private school; (o) “minority school” means a school established and administered by a minority having the rightto do so under clause (1) of article 30 of the Constitution; (p) “notification” means a notification published in the Official Gazette; (q) “prescribed” means prescribed by rules made under this Act; (r) “private school” means a school which is not run by the Central Government, Administrator, alocal authority or any other authority designated or sponsored by the Central Government,Administrator or a local authority; (s) “public examination” means an examination conducted by the Central Board of SecondaryEducation, Council for Indian School Certificate Examinations or any other Board which mayhereafter be established for the purpose, and recognised by the Administrator or any other officerauthorised by him in this behalf; (t) “recognised school” means a school recognised by the appropriate authority; (u) “school” includes a pre-primary, primary, middle and higher secondary school, and alsoincludes any other institution which imparts education or training below the degree level, but does notinclude an institution which imparts technical education; (v) “school property” means all movable and immovable property belonging to, or in thepossession of, the school and all other rights and interests in, or arising out of, such property, andincludes land, building and its appurtenances, playgrounds, hostels, furniture, books, apparatus, maps,equipment, utensils, cash, reserve funds investments and bank balances; (w) “teacher” includes the Head of a school; (x) “unaided minority school” means a recognised minority school which does not receive anyaid.

(1) The Administrator may regulateeducation in all the schools in Delhi in accordance with the provisions of this Act and the rules madethereunder. (2) The Administrator may establish and maintain any school in Delhi or may permit any person orlocal authority to establish and maintain any school in Delhi, subject to compliance with the provisions ofthis Act and the rules made thereunder. (3) On and from the commencement of this Act and subject to the provisions of clause (1) of article30 of the Constitution, the establishment of a new school or the opening of a higher class or the closingdown of an existing class in any existing school in Delhi shall be subject to the provisions of this Act andthe rules made thereunder and any school or higher class established or opened otherwise than inaccordance with the provisions of this Act shall not be recognised by the appropriate authority.

(1) The appropriate authority may, on an application made to it in theprescribed form and in the prescribed manner, recognise any private school: Provided that no school shall be recognised unless (a) it has adequate funds to ensure its financial stability and regular payment of salary andallowances to its employees; (b) it has a duly approved scheme of management as required by section 5; (c) it has suitable or adequate accommodation and sanitary facilities having regard, among otherfactors, to the number, age and sex of the pupils attending it; (d) it provides for approved courses of study and efficient instruction; (e) it has teachers with prescribed qualifications; and (f) it has the prescribed facilities for physical education, library service, laboratory work,workshop practice or co-curricular activities. (2) Every application for recognition of a school shall be entertained and considered by theappropriate authority and the decision thereon shall be communicated to the applicant within a period offour months from the date of the receipt of the application; and where recognition is not granted, thereasons for not granting such recognition shall also be communicated to the applicant within the saidperiod. (3) Where recognition to a school is refused, any person aggrieved by such refusal may, within thirtydays from the date of communication to him, of such refusal, appeal against such refusal, in theprescribed manner, to the prescribed authority and the decision of the prescribed authority thereon shallbe final: Provided that the prescribed authority may, if it is satisfied that the appellant was prevented bysufficient cause from preferring the appeal within the said period of thirty days, extend, for reasons to berecorded by it in writing, the said period by a further period of sixty days. (4) Where the managing committee of a school obtains recognition by fraud, misrepresentation orsuppression of material particulars, or where, after obtaining recognition, the school fails to continue tocomply with any of the conditions specified in the proviso to sub-section (1). the authority granting therecognition may, after giving the managing committee of the school a reasonable opportunity of showingcause against the proposed action, withdraw the recognition granted to such school under sub-section (1). (5) The recognition granted under sub-section (1) shall not, by itself, entitle any school to receive aid. (6) Every existing school shall be deemed to have been recognised under this section and shall besubject to the provisions of this Act and the rules made thereunder: Provided that where any such school does not satisfy any of the conditions specified in the proviso tosub-section (1), the prescribed authority may require the school to satisfy such conditions and such otherconditions as may be prescribed, within a specified period and if any such condition is not satisfied,recognition may be withdrawn from such school. (7) Every school, whose recognition is withdrawn under sub-section (4) or sub-section (6), mayappeal to the prescribed authority, who shall dispose of the appeal within six months from the date ofpresentation of the appeal in such manner as may be prescribed, and if the appeal is not disposed ofwithin that period, the order for the withdrawal of recognition shall, on the expiry of the said period of sixmonths, stand cancelled. (8) On hearing an appeal preferred under sub-section (3) or sub-section (7), the prescribed authoritymay, after giving the appellant a reasonable opportunity of being heard, confirm, modify or reverse theorder appealed against.

(1) Notwithstanding anything contained in any other law for the timebeing in force or in any instrument having effect by virtue of any such law, the managing committee ofevery recognised school shall make, in accordance with the rules made under this Act and with theprevious approval of the appropriate authority, a scheme of management for such school: Provided that in the case of a recognised private school which does not receive any aid, the scheme ofmanagement shall apply with such variations and modifications as may be prescribed: Provided further that so much of this sub-section as relates to the previous approval of the appropriateauthority, shall not apply to a scheme of management for an unaided minority school. (2) A scheme may be made, in like manner, to add to, vary or modify any scheme made undersub-section (1).