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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY PART II—Section 2 PUBLISHED BY AUTHORITY

No. 55] NEW DELHI, WEDNESDAY, DEC. 9, 1964/AGRAHATANA 18, 1886

Separate paging is given to this Part in order that it may be filed as a separate compilation

LOK SABHA

The following Bills were introduced in Lok Sabha on the 9th

December, 1964: —

BILL NO. 84 OF 1964

.4 Bill to authorise payment and appropriation 0f certain further sums from and out of the Consolidated Fund of the State of Kerala for the services of the financial year 1964-65.

BE it enacted by Parliament in the Fifteenth Year of the

Republic of India as follows: —

1. This Act may be called the Kerala Appropriation Act, 1964.

Short title.

5

10

2. From and out of the Consolidated Fund of the State of Kerala there may be paid and applied sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of thirty-five lakhs, sixty-four thousand and six hundred rupees towards defraying the several charges which will come in course of payment during the financial year 1964-65, in respect of the services specified in column 2 of the Schedule.

issue of Rs. 35,64,600 from and out of the Consolidated Fund of the State of Kerala for the financial year 1964-65.

Appropriation.

3. The gums authorised to be paid and applied from and out of the Consolidated Fund of the State of Kerala by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.

(839)

679 G of I Ext.—I.

THE SCHEDULE

(See sections 2 and 3)

1

2

3

Sumg not exceeding

No. of Vote

Total

Services and purposes

5

Voted by Parliament

Charged on the Conso- lidated Fund

Rs.

Rs.

Rs.

District Administration and

X

10

JOO

ioo

Miscellaneous

i>500

Administration of Justice

1,500

XI

1 00

1 00 XIII

Police

2 00

2 00 University Education

XVI

2,00,2OO

2,12,600

XVII

General Education .

IlyfOQ

15

1 00

ioo

Medical - - - •

XIX

5,00,100

5,00,100

Public Health

XX

7,06,000

Animal Husbandry .

6,88,000

XXV

18 #00

5,01,200

5,00,000

XXVII

Industries

1,200

IOO

1 00 Labour and Employment

XXIX

20

74,000

74,000

Statistics and Miscellaneous

XXXI

1 00

IOO Public Works

XXXIII

Opital Outlay on Agricultural

XLIV

11,600

Improvement

11,600

XLV

25

12,50,100

12,58,200

Capital Outlay on Co-operatives and on Industrial Develop- ment . . . ..

8,100

XLVII Capital Outlay on Public Works . . ..

5,200

5,200

Capital Outlay on Other

XLVIII

3°

1 00

IOO Works . . ..

liipiial Outlay oa Transport

L

1 Schemes

_ 43.30°

43>3°°

f.oans ami Advances by the

J.Y

2,50,100

3,50,100

Government

ToTAi

34,68,500

35

35,64,600

96,100

STATEMENT OF OBJECTS AND REASONS

This BUI is introduced in pursuance of articles 204(1) and 205 of the Consiitution and the Proclamation issued by the President on the 10th September, 1964, in exercise of the powers conferred on him by article 356 thereof, to provide for the appropriation out of the Consolidated Fund of the State of Kerala of the moneys required to meet the supplementary expenditure charged on the Consolidated Fund of the State of Kerala and the grants made by the Lok Sabha for expenditure of the Government of Kerala for the financial year 1964-65.

T. T. KRISHNAMACHARI.

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 207 OF THE CONSTITUTION OF INDIA

[Copy of letter No. F. 5(14)-B/64, dated the 23rd November, 1964 from Shri T. T. Krishnamachari, Minister of Finance to the Secretary, Lok Sabha.]

By virtue of the Proclamation dated the 10th September, 1964, issued under article 356 of the Constitution, the President having been informed of the subject matter of the proposed Bill to autho- rise payment and appropriation of certain further sums from and out of the Consolidated Fund of the State of Kerala for the services of the year ending on the 31st day of March, 1965, recommends the introduction of the Kerala Appropriation Bill, 1964 in the Lok Sabha and also recommends to the Sabha the consideration of the Bill under article 207(1) and (3) of the Constitution read with article 205 thereof.

2. The Bill will be introduced in the Lok Sabha after ell the Supplementary Demands for Grants for 1964-65 have been voted.

BILL NO. 82 OF 1964

A Bill to provide for better organization and development of second-

ary education in the Union territory of Delhi.

BE it enacted by Parliament in the Fifteenth Year of the Republic of India as follows:—•

1. (1) This Act may be called the Delhi Secondary Education Act, 1964.

S (2) It extends to the whole of the Union territory of Delhi-

Short title, extent and com- mence- ment.

(3) It shall dome into force on such date as the Central Govern- ment may, by notification in the Official Gazette, appoint and differ- ent dates may be appointed for different provisions of this Act.

2. In this Act, unless the context otherwise requires,—

Defini- tions.

10 (a) "Administrator" means the Administrator of Delhi appointed under article 239 of the Constitution;

(b) "aid" means any aid granted to a recognized school by the Central Government or a local authority;

(c) "aided school" means any school receiving aid out of the funds of the Central Government or a local authority;

"5

(d) "Board" means the Central Board of Secondary Education;

(c) "Delhi" means the Union territory of Delhi;

(f) "Director" means the Director of Education, Delhi, and includes any other officer authorized by the Administrator to perform all or any of the functions of the Director under this Act;

5

(g) "existing employee" means an employee of an existing school whose appointment as such has been approved by the Director;

10

(h) "existing school" means a school which is in existence at the commencement of this Act and which, having been recog- nized by an appropriate authority, continues to be so recognized immediately before such commencement;

(i) "head of school" means the principal academic officer, by whatever name called, of a recognized school;

15

(j) "inspector" means an Inspector of Schools or the Assis- tant Director of Education for Women and includes any other officer authorized by the Administrator to perform all or any of the functions of an inspector;

(Jc) "manager" means a person appointed, or deemed to have been appointed, to be the manager under sub-section (7) of section 6 and approved by the Director;

20

(I) "Managing Committee" means the committee of management constituted under the scheme of management referred to in section 5 and includes any other body charged with the management of the affairs of a school;

(TO) "prescribed" means prescribed by rules made under 25

this Act;

(TO) "public examination" means an examination conducted by any authority recognized by the Director for such purpose;

(0) "recognized school" means a school recognized, or deem- ed to have been recognized, under section 3;

30

(p) "school" means an institution for providing secondary education and includes—

(i) a composite school for providing primary, middle and secondary education;

35

(ii) any school in which provision exists for class IX and proposals are pending for the opening of classes X and XI;

(q) "school property" includes land, buildings, playgrounds, hostels and movable properties such as furniture, apparatus, equipment, books, maps and utensils;

(r) secondary education" means full time general, voca- tional, technical, special or any other type of education which leads to the secondary, higher secondary or equivalent public examination;

(s) "teacher" includes the head of a school. 5

Recogni- tion of schooh.

3. (J) The Director or any other authority specified in this behalf by the Central Government may, on application made to it in the prescribed form and in the prescribed manner, recognize any school:

Provided that no school shall be recognized if—

io (o) it does not have adequate funds to ensure financial stability; or

(b) it does not have a duly approved scheme of management as required by section 5; or

(c) it does not have suitable accommodation with adequate sanitary and seating arrangements; or

15

(d) its premises or any part thereof is used as a shop, an office or a residence unconnected with the activities of the school; or

20 (e) it does not have the prescribed facilities for physical education, library service, laboratory work, workshop practice or co-curricular activities-; or

(f) it I3 named after a sect or caate.

25 (2) Where recognition to a school is refused on the ground of its being named after a sect or caste, the management of such school may sppeal against the order in the prescribed manner to such authority as may be prescribed in this behalf by the Central Gov- ernment whose decision thereon shall be final.

30 (3) Where the management of a school obtains recognition for the school by fraud, misrepresentation or suppression of material particulars or where, after obtaining recognition, the school falls to continue to comply with any of the conditions specified in the proviso to sub-section (I), the authority granting the recognition may, after giving the management of the school an opportunity of snowing cause, withdraw the recognition granted to such school under sub- section (1).

35

(4) The recognition granted under sub-section (1) shall not by itself entitle any school to receive aid.

(5) Every existing school shall be deemed to have been recogniz- ed under this section:

5

Provided that where any such school does not satisfy any of the conditions specified in the proviso to sub-section (1), the prescribed authority may require the school to satisfy such condition within a specified period and if any such condition is not so satisfied, recogni- tion may be withdrawn from such school.

10

(6) Every school whose recognition is withdrawn under sub- section (3) or sub-section (5) may appeal to the prescribed autho- rity who shall dispose of the appeal in such manner as may be prescribed.

4. The Central Government shall publish on or before the first day of May of every year, in the Official Gazette, and in such other manner as may be prescribed, a list of all recognized schools.

Annual list of recogniz- ed schools.

15

Scheme of manage- ment.

5. (1) Notwithstanding anything in any law for the time being in force or in any instrument having effect by virtue of any such law, there shall be a scheme of management for every recognized school-

(2) The Administrator shall formulate a model scheme of management and the same shall be publisheoNn the Official Gazette.

20 (3) The Managing Committee of every existing school shall, within fifteen days from the publication of the scheme of manage- ment under sub-section (2), prepare and submit to the Administrator a scheme of management for such school which shall, so far as is practicable, be in conformity with the model scheme aforesaid.

25 (4) The Administrator may, after considering the scheme of management submitted to him under sub-section (3), approve such scheme with or without modifications.

30

(5) The scheme of management shall, among other things, provide for the constitution of a Managing Committee, by whatever name called, vested with authority to manage and conduct the affairs of the school.

(6) Subject to any rules made in this behalf and the requirements of section 6, the scheme of management of every recognized school shall specify the respective powers, duties and functions of the head of the school and of the Managing Committee of the school:

35 '

Provided that in respect of a Government school the composition, powers, functions and the manner of working of the Managing Com- mittee shall be such as may be prescribed.

5 (7) The head of the school and two other teachers thereof chosen according to seniority by rotation in the prescribed manner shall be ex officio members of the Managing Committee.

(8) No member of any Managing Committee shall be entitled to vote or otherwise participate in any meeting of the committee when- ever a charge concerning his personal conduct is under discussion.

10 (9) Where any person maintains more than one recognized school, there shall be a separate Managing Committee for each such school.

(10) Every recognized school shall be managed in accordance with the scheme of management approved under this section-

Managers of schools

15 6. (1) The Managing Committee constituted under section 5 of a recognized school other than a Government school may, subject to the approval of the Director, appoint any person to be the manager of the school:

20 Provided that any person functioning as a manager in respect of a recognized school having a Managing Committee and who has already been approved by the Director shall be deemed to have been appointed under this sub-section but only for so long as the scheme of management of the school is not approved under sub-section (4) of section 5.

25 (2) Any manager of a recognized school may resign his office by giving notice in writing of his intention so to do to the authority appointing him.

(3) A copy of such notice shall be simultaneously sent by him to the Director.

(4) It shall be the duty of the manager to—

(a) maintain in proper and good condition the school 3° property placed under his control by the Managing Commttteo;

(b) maintain such records and accounts and furnish such statements and returns as may be prescribed;

35 (c) afford all assistance and facilities as may reasonably be necessary for the inspection of the school and its records and accounts by the inspector or any "authority specified in this behalf by the Director; and

{d) generally, conduct the school in accordance with the

provisions of this Act and the rules made thereunder.

7. (1) No school or class in a school shall be closed by the manager

without notice in writing to that effect to the Director:

Closure of schools prohibit- ed 5 Provided that no school or class in a school shall be so closed before the expiry of six months from the date of the receipt by the Director of the notice or the expiry of the academic year in which the notice is given, whichever is later:

Provided further that no such notice shall be withdrawn without 10 1

the consent of the Administrator.

15

(2) If at any time after notice has been given under sub-section (2), the manager of the school informs the Director that he is unable or unwilling to carry on the management of the school or class till the expiry of the period specified in the proviso to sub-section (1), the Director may arrange to manage the school or class during the whole or any part of the unexpired portion of such period:

Provided that no additional liability shall fall on the Govern- ment in respect of the school or class during the period in which the Director so arranges to manage the school or class.

20 (3) In the event of the school being discontinued or down-graded or taken over or its recognition being withdrawn, the manager shall make over to the Director or any authority authorised by him in this behalf all the records and accounts of the school maintained under sub-section (4) of section 6.

25 #. Any manager who fails to comply with the provisions of

clause (b) or clause (c) of sub-section (4) of section 6 or wilfully maintains a false statement of accounts, shall, without prejudice to any other action that may be taken against him, be liable to be removed from managership:

Punish- ment for mainten- ance of false accounts, etc. 30 Provided that before an order for removal of the manager from managership is passed, he shall be given an opportunity to show cause against such removal.

Aid to recogniz- ed schools.

35

9. (1) The Central Government may, after due appropriation made by Parliament by law in this behalf, and subject to such conditions as may be prescribed, pay to any recognized school by way of aid such sums of money as the Central Government may consider necessary:

40

Provided that no existing school receiving aid shall be eligible 'or the continuance of the aid unless it complies with the prescribed conditions within such period as may be specified in this behalf.

679 G of I Ext.—2.

(2) The authority competent to grant the aid may stop or suspend the aid for violation of any of the conditions prescribed by the rules made in this behalf or for any other good and sufficient cause

(3) The aid may cover either the full expenditure or such part of the expenditure of the school as may be prescribed under the rules. 5

10 (4) The salaries and allowances of teachers and other employees of the school for the period for which aid is given shall be the first charge on such aid and no payment out of the aid shall be made or committed to be made before making payment to the teachers and other employees of their salaries and allowances for the period aforesaid.

15 (5) If the manager or the Managing Committee falls to comply with, or in any other manner contravenes, the provisions of sub- section (4), the manager or, as the case may be, the Managing Com- mittee shall be deemed to have neglected his or its duties within the meaning of sub-section (I) of section 18.

(6) No aid shall be paid to a school which has been taken over under section 18.

10. (1) By the 30th day of April each year, the manager of every School property.

20 aided school shall furnish to the Director a statement containing a list of the school property together with such particulars as may be prescribed.

^5 (2) Notwithstanding anything to the contrary contained in any other law for the time being in force, no transfer or lease of any immovable property of an aided school shall be made except with the previous permission in writing of the Administrator.

(3) Any person aggrieved by an order of the Administrator under sub-section (2) may, in such manner and within such time as may be prescribed, appeal to the Central Government whose decision there- on shall be final.

30

(4) Any transaction made in contravention of the order of the Administrator or, as the case may be, the decision of the Central Government shall be void.

35 11. (1) The terms and conditions of service (including conditions regulating recruitment) of teachers and other employees of an •aided school shall be such as may be prescribed.

Terms and conditlonB of service of teachers and other employees.

(2) Subject to any rule that may be made in this behalf, no teacher of an aided school shall be dismissed, removed, reduced in rank or suspended, nor shall his services be otherwise terminated without the previous sanction in writing of the Director. 40

(3) Any teacher of an aided school aggrieved iby any order under sub-section (2) may appeal to the. prescribed authority who shall dispose of the appeal in such manner as may be prescribed.

5

(4) No person shall be disqualified for being appointed as, or for being, a teacher or any other employee of an aided school by reason only of his religious opinion or of his attendance or non- attendance at any religious worship or religious instruction.

10

Salaries of teachers and other employees of aided schools.

12. (1) The salaries of teachers and other employees of an aided school shall be disbursed every month by the manager or lay the prescribed authority within the prescribed time and in the prescribed manner, failing which it shall be competent for the Director to dis- burse or arrange to disburse the full approved salary of any teacher or other employee.

15

(2) For the purposes of sub-section (1), it shall be lawful for the Director either to withdraw the aid or, as the case may be, draw on the reserve and other funds of the school.

20

(3) Where there is any dispute regarding the salary or other dues to a teacher or other employee, the teacher or the other em- ployee may make an application to the prescribed authority regard- ing the dispute and thereupon the prescribed authority shall, after giving an opportunity to the teacher or the other employee and the management to present their case, decide the matter which decision shall be binding on the teacher or the other employee and the management:

25 Provided that pending a decision on such application, the teacEer or the other employee concerned shall continue to accept the amount offered or being offered to him by the manager or the Director.

Affiliation.

13. For the purpose of conducting public examination, all Govern- ment and aided schools shall be affiliated to the Board and shall fulfil the conditions prescribed by the Board in this behalf.

3°

Foes.

14. No aided school shall levy any fee or any other charge at a rate exceeding the prescribed rate and such fees and other charges may be collected and accounted for in the prescribed manner.

Admission of persons.

35

15. (1) (a) No person who has not attained the age of five years shall be admitted to class I or equivalent class in a Government or recognized school.

(b) No person studying in any such school shall, without the permission in writing of the Director, be retained in the school after such person has attained the age of twenty years.

(2) Admission of persons into aided schools shall be made in the prescribed manner.

16. (1) In every aided school there shall be a fund to be called School Fund. the School Fund and there shall be credited thereto—

(a) any monetary aid granted by the Central Government,

5

(b) income accruing to the school by way of fees, and

(c) any other contributions, endowments and the like.

io (2) The School Fund and all other funds, including the Pupils' Fund, established with the approval of the Administrator shall be accounted for and operated upon in accordance with the rules made under this Act.

17. (1) Every recognized school shall be inspected at least once in Inspec- tion.

each financial year in accordance with the prescribed rules.

15 (2) The Director may also arrange special inspection of any school on such aspects of its working as may, from time to time, be considered necessary by him.

(3) The Director may give directions to the manager requiring the manager to rectify any defect or deficiency found at the time of inspection or otherwise in the working of the school.

20 (4) If the manager fails to comply with any direction given under sub-section (3), the Director may, after considering the explanation or report, if any, given or made by the manager, take such action as he may think fit, including—

25 (a) stoppage of aid, (b) withdrawal of recognition, and

(c) taking over of the school under section 18.

Taking over of aided schools-

30 18. (1) Whenever it appears to the Administrator that the manager or Managing Committee of any aided school has neglected to perform any of the duties imposed by or under this Act, and that in the public interest it is expedient to take over the management of the school, he may, after giving the manager reasonable opportunity of showing cause against the proposed action, take over the manage- ment of that school for a period not exceeding five years.

35 (2) After taking over the management of any school under this Act, the Administrator may arrange to manage the school through the Director or any other person as may be considered expedient from timf" tn Hms

5

(3) Where the management of any aided school has been taken over under sub-section (1), the manager of the school may, within three months of the date of the taking over, represent to the Central Government for the restoration of the management of the school; and on considering the representation, the Central Government may order the restoration of the same.

(4) Where the management of any aided school has been taken over under this Act, the Administrator shall pay such rent for the building of the school, if any, to the person entitled to receive it as was being paid by the management before the taking over.

10 '

(5) During such period as any aided school remains under the management of the Administrator under this Act—

(i) the approved conditions of service of the existing em- ployees of the school shall not ordinarily be adversely affected;

15

(ii) all educational facilities which the school had been afford- ing immediately before such taking over shall ordinarily continue to be afforded; and

(Hi) the School Fund shall continue to be available to the Administrator for being spent on the school.

20 (6) The Central Government may, if it deems it expedient, of its own motion or on the application of the previous management, dis- continue a school taken over under this Act, and on such discontinu- ance the liability of the Central Government to run the school shall cease.

25 (7) Any order made or direction given under this section shall have effect notwithstanding anything inconsistent therewith con- tained in any other enactment or instrument relating to the manage- ment of the school.

30

Exemp- tion of immov- able pro- perty.

19. The Central Government shall,, while taking over the manage- ment of any school, exempt any immovable property from being so taken over if such property is being used for any religious purpose, or if the Central Government is satisfied that such property on ac- count of its proximity to any buildings of worship should be exempted.

35

Advisory Commit- tee.

20. There shall be an Advisory Committee on Education which shall assist the Director in formulating major policies about education and may be consulted by the Director on such matters as he thinks fit.

Power to give directions,

21. It shall be lawful for the Central Government to give any direction not inconsistent with the provisions of this Act to the mana- ger or the Managing Committee of a school in respect of any of the following matters, namely: — (i) syllabus,

5

(ii) text-books and other reading material, (iii) conditions of service of teachers, (iu) sanitary facilities, and (?>) any other matter that may be prescribed.

10 Delega- tion.

22. The Central Government may delegate all or any of its powers, duties or functions under this Act to the Administrator or any other officer subordinate to him. )

Exemp- tion.

i5 23. If the Central Government is of opinion that it would not be expedient to make the provisions of this Act applicable to any school having regard to its financial resources, character, location or other relevant considerations, it may, by notification in the Official Gazette, exempt such school, either generally or subject to such conditions, if any, or for any period to be specified in the notification, from all or any of the provisions of this Act.

20 24. No suit, prosecution or other legal proceeding shall lie against the Central Government or any authority or any officer appointed under this Act for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.

Protection of action taken In good faith.

25 Bar of jurisdic- tion.

25, Save as otherwise expressly provided in this Act, no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Central Government or any officer or autho- rity appointed or specified under this Act is empowered by or under this Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken In pursuance of any power conferred by or under this Act.

30

Power to make rules.

26- (1) The Central Government may, by notification in the Offi- cial Gazette, and subject to the condition of previous publication, make rules for carrying out the purposes of this Act.

35 (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: —

(a) the form and manner of making an application for re-

cognition of a school;

(b) the facilities for physical education, library service, laboratory work, workshop-practice or co-currlcular activities to 40

(c) the authority to which and the manner in which an appeal may be preferred under sub-section (2) of section 3;

(d) the authority to which an appeal shall lie under sub- section (6) of section 3 and the manner of disposal of such appeal;

5

(e) the manner of publication of the annual list of all re- cognized schools under section 4;

10

(f) the composition, powers, functions and the manner of working of the Managing Committee and the manner of choos- ing the ex afficio members thereof under sub-section (7) of section 5;

(gf) the records and accounts to be maintained and the statements and returns to be furnished under clause (b) of sub-section (4) of section 6;

(h) the conditions for the grant of aid to recognized schools 15

under section 9 and matters connected therewith;

(i) the particulars to be contained in the statement to be furnished to the Director under sub-section (1) of section 10 regarding the school property;

20

(j) the manner in which and the time within which an appeal shall lie to the Central Government under sub-section (3) of section 10;

(Jc) the authority to which an appeal shall lie under sub- section (3) of section 11 and the manner of disposal of such appeal;

25

(7) the terms and conditions of service (including condi- tions regulating recruitment) of teachers and other employees of aided schools;

30

35

(TO) the authority who shall disburse the salaries of tea- chers and other employees of an aided school under sub-section (7) of section 12, the time within which and the manner in which the same shall be disbursed and the authority to which an application may be made under sub-section (3) of that section; (TO) the rate exceeding which no fee or other charges shall be levied by an aided school and the manner of collection and accounting of the fees and other charges;

(o) the admission of persons into aided schools; (p) the manner of accounting and operation of the School Fund and all other funds under sub-section (2) of section 16;

(q) the manner of inspection of recognized schools; and

40

(r) any other matter which is to be, or may be, prescribed under this Act.

5

10 (3) Every rule made under this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately follow- ing, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall there- after have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

j

15 Removal of diffi- culties.

27. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the purposes of this Act, as may appear to it to be necessary or expedient for remov- ing the difficulty.

STATEMENT OF OBJECTS AND REASONS

In recent years the unsatisfactory working and management of a number of private secondary schools in the Union territory of D=lhi have been subjected to a great deal of adverse criticism. These have been mainly in respect of (i) violations of executive instructions re- garding timely payment of salaries to teachers, (ii) failure to create a Reserve Fund, (iii) recruitment of teachers with lower than the prescribed qualifications, (iv) unauthorised borrowing of money from trie Pupils' Fund by the managements of schools, and (v) collecting compulsory donations to meet the managements' share of'the main- tenance expenditure of the schools.

2. At present the Delhi Administration have no legal power to compel the managements of private schools to abide by the rules and regulations governing the terms and conditions of service of teachers, the payment of salaries of the employees regularly, the maintenance of the quality of education in the institutions or to ensure their fin- ancial stability. Although there are several private schools running smoothly and efficiently, occasions do arise when drastic action is called for. The Administration can, of course, stop or suspend the payment of grant to the school in question; but recourse to such measures adversely affects the interests of the teachers and also of the pupils. It has, therefore, become necessary for the Government to have the necessary statutory authority to require the Bchool managements to run the schools in conformity with the prescribed conditions for ensuring improved quality of instructioh and the present Bill is designed to achieve this purpose.

3. The main features of the Bill are: —

(a) provision for grant of recognition to a school on fulfil- ment of the conditions laid down in this behalf;

(b-) provision for the framing of a scheme of management for every recognized school and the constitution of Managing Com- mittee thereunder:

(c) provision for payment, stoppage or suspension of grant to a school and for making the salaries and allowances of teachers and other employees of a school the first charge on such grant;

(d) provision regarding the conditions of service of teachers of aided schools and for the disbursement of their salaries;

6T9 G of I Ext.—3.

(e) provision regarding taking over of managements of aided schools for a period not exceeding five years if it is deemed to be expedient in public interest to do so and in that event making the School Fund available to the Administrator for being spent on the school;

(f) provision regarding the setting up of an Advisory Com- mittee to assist the Director of Education;

(g) provision for exemption of certain schools from the pur- view of this Act on certain grounds such as, character, location, financial resources, etc., of the schools concerned.

NEW DELHI;

The 25th November, 1964. M, C. CHAGLA.

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA

[.Copy of letter No. F.26-1/64-SE2, dated the 3dd December, 1964 from Shri M. C Chagla, Minister of Education to the Secretary, Lok Sabha.]

The President having been informed of the subject matter of the proposed Delhi- Secondary Education Bill, 1964, recommends to the House under article 117(3) of the Constitution of India the consi- deration of the Bill.

FINANCIAL MEMORANDUM

Clause 9 of the Bill provides for the payment to recognized schools of grants subject to prescribed conditions. The grant may be of re- curring or non-recurring character. The aided schools are given grants on recurring basis in respect of salaries and allowances of employees, including the employers' contribution towards the Contributory Pro- vident Fund, contingent expenditure on account of stationery, repairs and renewal of furniture, telephones, etc., rent for the buildings hired for the schools and depreciation of the school and hostel buildings owned by the institutions. The schools are also paid non-recurring grant towards expenditure on the purchase or construction of build- Ings for schools and for purchase of approved items of equipment, furniture, science material, library books, etc. For both the recur- ring and non-recurring grants, a percentage of ceiling is prescribed. These grants will continue to be paid according to these rates, subject of course to such revisions as may be decided upon from time to time. The quantum of the grant depends on factors like the number of schools, students, and employees, and is likely to vary from year to year. The provision made for this purpose during the current year's budget is Rs. 136 87 lakhs recurring and Rs. 4 lakhs non-recurring, The expenditure will be met from the Consolidated Fund of India after due appropriation made by Parliament by law in this behalf,

2. Clause 17 requires that every recognized school shall be inspect- ed at least once in each financial year. At present the inspection of aided schools is carried out by the inspection staff of the Directorate of Education, Delhi and no separate inspection staff has been employ- ed exclusively for the non-Government schools. After the passage of this Bill, the Director will have to ensure that the provisions of the Act are complied with and if for that purpose he finds it neces- sary to employ more staff, he will take necessary action with the approval of the Central Government. At this stage, it i3 difficult to determine the complement of additional staff that may be required or the exact amount of additional expenditure likely to be involved.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 26 of the Bill seeks to empower the Central Government to make rules in relation to certain matters. The matters in respect of which the Central Government may make rules relate, inter alia to :

(i) the conditions pertaining to the grant of recognition to schools;

(ii) the conditions governing the payment of grant to schools, admission of persons and collection of fees;

(Hi) the terms and conditions of service (Including condi- tions regulating recruitment) of teachers and other employees of aided schools;

(iv) inspection and supervision of schools.

2. These matters pertain to procedure, form or detail and as such the delegation of legislative power is of a normal character.

S. L. SHAKDHER,

Secretory.

PKINTKD IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO

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