Gazette of DNH And DD, No. 03, 12 June 2026

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भारत सरकार / Government of India

सरकारी राजपत्र

OFFICIAL GAZETTE

संघ प्रदेश दादरा एवं नगर हवेली तथा दमण एवं दीव प्रशासन

U.T. ADMINISTRATION OF DADRA AND NAGAR HAVELI AND

DAMAN AND DIU

श्रेणी - १

SERIES - I

प्राधिकरण द्वारा प्रकाशित / PUBLISHED BY AUTHORITY

Daman 12th June, 2026 22 Jyaistha, 1948 (Saka) No. : 03

U.T. ADMINISTRATION OF

DADRA & NAGAR HAVELI AND DAMAN & DIU

DIRECTORATE OF EDUCATION, SHIKSHA SADAN,

NEAR COLLECTORATE, DAMAN – 396 220.

No. DE/ADM/GD&D/DNH/New Rules/2026-27/1566 Dated: - 08/06/2026

NOTIFICATION

Whereas the draft of the Dadra & Nagar Haveli and Daman & Diu School Education Rules, 2026, were published, as required under sub-section (1) of section 29 of the Dadra & Nagar Haveli and Daman & Diu School Education Act, 1984, (as adopted to the Union Territory of Dadra and Nagar Haveli and Daman and Diu vide Notification No. LAW/U.T.Merge(4)/Adapt.State Law/2022/93 dated 20-04-2022), vide Office Memorandum No.DE/ADM/GD &D/DNH/New Rules/2026-27/948 dated 10/04/2026 in the official website of UT Administration of Dadra & Nagar Haveli and Daman & Diu, inviting objections and suggestions from persons/stakeholders ;

And whereas, no objections or suggestions or comments were received within the stipulated time period of 30 days from the publication of above Office Memorandum from the public in respect of the said draft rules;

Now, therefore, in exercise of the powers conferred under sub-section (1) of section 29 of the said Act, the Administrator of Union Territory of Dadra & Nagar Haveli and Daman & Diu hereby makes the following rules, namely:–SERIES – I No. 03 THE GAZETTE OF DNH & DD Page 2

CHAPTER I

Preliminary

1. Short title and commencement - (1) These rules may be called the Dadra and Nagar Haveli and Daman and Diu School Education Rules, 2026.

(2) They shall come into force from the date of its publication in the Official Gazette of the Union Territory of Dadra & Nagar Haveli and Daman & Diu.

2. Definitions - (1) In these rules, unless the context otherwise requires,

(a) "Act" means the Dadra and Nagar Haveli and Daman and Diu School Education Act, 1984;

(b) "Section" means a section of the Act;

(c) "Affiliated Board" means the concerned board referred to in clause (1) of Section 8 of the Act; (d) "Form" means a form annexed to these rules;

(e) "Foundational stage" consists of 3 years of Anganwadi/Pre-school/Balvatika and 2 years in primary school (Grades 1-2), together covering ages 3-8;

(f) "Preparatory Stage" consists of Grades 3-5, covering ages 8-11;

(g) "Middle Stage" consists of Grades 6-8, covering ages 11-14;

(h) "Secondary Stage" consists of Grades 9-12 in two phases, i.e., 9 and 10 in the first phase and 11 and 12 in the second phase, covering ages 14-18;

(i) "School" includes, a Pre-Primary, Primary, Middle, Secondary, Higher Secondary school or any part of such school, or any other institutions which impart education or training below the degree level including institutions which impart Vocational Education and Ashram Schools (being a residential school for children belonging to Scheduled Castes, Scheduled Tribes and Nomadic Tribes) and primary teachers training institutions, depending upon the context;

(j) "Teacher" means any person possessing qualifications prescribed in the Recruitment Rules (RR) notified by the U.T. Administration from time to time;

(k) "District Education Officer" means an Education Officer in charge of a District;

(l) "Block" means educational clusters in a district comprising the areas in the Union Territory, specified by the Director of Education in this behalf, for the purposes of organization, supervision, inspection and control of schools located therein;

(2) words and expressions used but not defined in these rules shall have the same meaning respectively assigned to them in the Act.

CHAPTER II

Regulation of Education

3. Blocks/Districts –

(a) The Territory of Dadra and Nagar Haveli and Daman and Diu shall be divided by the Director of Education into Educational Divisions to be called "Blocks" for the purpose of regulation of education therein.

(b) The "Blocks" shall be further subdivided into "Educational Clusters".

(c) The "Blocks" and the "Educational Clusters" existing in the Union Territory of Dadra and Nagar Haveli and Daman and Diu at the commencement of these rules shall be deemed to have been formed under rule 2 (l) above.

(d) The Administrator may, if he is of the opinion that for the better regulation of education in the Union Territory of Dadra and Nagar Haveli and Daman and Diu, it is necessary so to do, alter the limits, or the number of Blocks and Educational Clusters, whether in existence at the commencement of these rules or formed thereafter.

4. Classification of Schools – (1) The schools in the Union Territory of Dadra and Nagar Haveli and Daman and Diu shall be classified by the Director of Education into any of the following categories, namely:

(a) (i) Pre-Primary schools, i.e., schools imparting education before Class I (as defined from time to time).

(ii) Primary schools, i.e., schools imparting education in Classes I to V and may also include Pre- Primary school classes.

(iii) Middle schools, i.e. schools imparting education in Classes VI to VIII and may include Pre- Primary and/or Primary school classes.

(iv) Secondary schools, i.e. schools imparting education in Classes IX & X and may include Pre- Primary and/or Primary/Upper Primary school classes.

(v) Higher Secondary Schools, i.e. schools imparting education in Classes XI & XII and may include Pre-Primary and/or Primary/Upper Primary/Secondary school classes.

(vi) Teachers' Training College/Institute, i.e., to say, training institutions imparting training in education to the teacher trainees of Pre-Primary, Primary and Middle Stage.

Whether any such school is run by: -

(A) A society registered under the Societies Registration Act, 1860; with aid or without aid from the Education Department or any local authority, or

(B) Any individual, group of individuals or a trust without aid from the Education Department or any local authority, orSERIES – I No. 03 THE GAZETTE OF DNH & DD Page 4 (C) Any local authority or the Administrator.

(b) Government Teachers' Training Institute/Colleges (for Primary or Middle School Teachers);

(c) Government Industrial Schools/Technical schools;

(d) Government Social Education and Community Centre in rural areas;

(e) Residential Schools.

(2) Where the Administrator is of the opinion that, as a result of –

(a). The change in the policy of Government with regard to school education, or;

(b). A school, falling in one category, ceasing to fall in that category or the acquisition by a school of a status justifying its re-classification to a higher or lower category, it is necessary so to do, he may re-classify such school into such category as he may think fit.

5. Free Education - The Administrator shall make suitable arrangement for imparting free school education for all children up to the age of 14 years;

6. Medium of instruction and/or language formula to be followed at each stage of school

education - Language pattern notified by the Union Territory of Dadra & Nagar Haveli and Daman & Diu as per NEP, 2020, as amended from time to time shall be followed.

7. Right of linguistic minorities to set up schools - Any linguistic minority which intends to set up schools with the objective of imparting education in the mother tongue of such linguistic minority, shall be entitled to do so.

8. Provisions for other facilities - The Director of Education shall also provide for the following facilities namely:

(a) Adult education centres;

(b) Balvatika/Anganwadi;

(c) Education of children who have discontinued studies/out of school children;

(d) Literacy centres cum village libraries; and

(e) Resource centres.

9. Provision for multiple entry in schools – Save as otherwise provided elsewhere in these rules, the Director of Education may make arrangements at any time of the year, for the admission of those students who have discontinued studies, in any class of a recognized school to which he is, on a test, by such school, found to be suitable for admission for full-time studies.

10. Courses of Study - (1) The Director shall, in keeping with the policy of the government with regard to school education, issue instructions as to the courses, syllabi, medium of instruction, languages, timetable, textbooks and all other matters connected with the preparation of students for such examination as the schools declare to do so.

Provided, these courses of studies and the textbooks other than those prepared by the State/NCERT Textbook Bureau shall be placed before the Advisory Board for approval.

(2) The course of study and textbooks for the Secondary (IX-X) and Higher Secondary (XI and XII) schools shall be such as may be specified or recommended by the concerned Board of Secondary and Higher Secondary Education.

(3) The Administrator may, if he is of the opinion, on scrutiny of any textbook specified or recommended by the Director of Education or the Affiliating Board that such textbook is prejudicial to the interest of education, prohibit the use of such book as a textbook in any school; Primary, Middle, Secondary, Higher secondary or Primary Teachers' Training Institute.

11. Matters to be provided for in the syllabi and courses of study- (1) The Director of Education or, as the case may be, the Affiliating Board shall, while specifying the syllabi and courses of study for any stage of school education, pay special attention to the inculcation of national and moral values, including the sovereignty and integrity of India, secularism, humanism, faith in the dignity and equality of every human being, dignity of labour, avoidance of discrimination on grounds of religion, race, caste, sex or place of birth/region or any of them and in particular avoidance of the practice of untouchability, and shall also include therein health education, including personal and environmental hygiene, population education, social forestry and awareness of the effect of drugs and intoxicants on human life.

(2) Vocational Education: Vocational subjects to be introduced in all schools of the Union Territory in line with the National Education Policy (NEP), 2020.

(3) Religious institutions: Every religious institution imparting education shall obtain recognition as per rule 30 and shall affiliate with any recognized board conducting public examination and shall follow the curriculum & syllabus of the affiliating board.

12. Powers of Director of Education to specify co-curricular and extra-curricular activities-

The Director of education may in consultation with an expert committee appointed by him, provide for co-curricular and extra-curricular activities in recognized schools.

13. Power of Director of Education to specify courses of study/guidelines/regulation for

informal education- The Director of Education may, specify the courses of study or issue guidelines/regulations/instructions from time to time for imparting informal education to the children/students in any of the unrecognized schools/institutions/coaching centres/tuition centres/religious centres or any such centres of the U.T. of D.N.H. & D.D.

Provided that, every such institution/centre shall not function without prior permission of the Director of Education. However, every such institution/centre shall follow safety and statutory requirements/norms as prescribed by the central government or by the U.T. Administration of Dadra & Nagar Haveli and Daman & Diu from time to time.

Provided further that, such institutions/centres currently functioning in the U.T. of D.N.H. & D.D. shall apply for obtaining an approval of the Director of Education to run the institution/centre within three months of issue of this rule.

14. Physical Education, etc. - (1) In every school, a suitable provision shall be made for social services, physical, cultural, recreational and any other such activities.

(2) The head of school shall organize a general system of sports/school games, so as to provide opportunities for participation by all students and shall provide the students with the equipment needed for such sports/games.

15. School Hours and Working Hours - (1) The Director of Education may, by order, specify the time at which all schools, other than unaided recognized private schools shall commence and conclude the daily school hours and different timings may be specified for different seasons of the year or for schools running in one shift or multiple shifts;

Provided that minimum working hours of the teachers shall be the same for all schools as per the Right to Education (RTE) Act, 2009/norms of affiliating board or as amended from time to time by the Directorate of Education.

(2) The unaided recognized schools may specify their own timings, but in any case, the total number of school hours per day in a year shall not be less than prescribed at (1) above;

16. Terms and Vacations - The total number of working days including examination days for all the schools shall be as prescribed by the Affiliating Board or as specified by the Director of Education from time to time.

Provided that vacations and holidays shall be as prescribed by the Affiliating Board or as specified by the Director of Education from time to time.

17. School hours and number of working days not to be applied to informal education - School

hours and working days specified in rule 15 and 16 shall not apply in the case of informal or out of school or adult education.

18. Discipline, punishment etc. - (1) The observance of rules of discipline and good behaviour shall be a condition essential to a student's continuance in a school.

(2) In case of breach of discipline by a student below the age of 14 years, if the Director of Education is satisfied that continuance of such a student in the school in which he is studying is likely to be detrimental to the general tenor or discipline of the school, he may send such a student to such special school as he may think fit.

19. Striking off the name from the rolls - (1) The name of a student may be struck off from the rolls by the head of the school on account of:

(a) Non-payment of fees and other dues wherever applicable, for 90 days, after the last day for payment:

Provided that nothing in this rule shall apply, in case of students of class XII and below studying in government or aided schools, or in schools run or aided by the appropriate authority.

(b) Continued absence without leave for 30 consecutive days by a student who has attained the age of 14 years on the re-opening day of the scholastic year.

(2) In the case of absence of any student who has not attained the age of 14 years, from a school without leave for 15 consecutive days, the head of school shall intimate such absence to the parent or guardian of such student.

(3) Notwithstanding anything contained in sub rule (1) no student's name shall be struck off the rolls, except after giving the parent or guardian of such student a reasonable opportunity of showing cause against the proposed action.

Provided that this rule shall apply subject to the provisions of the RTE Act, 2009.

20. Forbidden practices – (1) No student shall indulge in any of the following practices namely:

(a) Spitting in or near the school building, except where the spitting is made in any spittoon provided by the school,

(b) Disfiguring or otherwise damaging any school property.

(c) Smoking or chewing of tobacco,

(d) Any form of gambling,

(e) Use of drugs, liquor or intoxicants, except on prescription by a registered medical practitioner, (f) Rowdyism and rude behaviour,

(g) Use of violence in any form,

(h) Carrying harmful items in school such as bicycle chain, blade, knife, hand ring, etc., (i) Casteism, communalism or practice of untouchability.

(j) Ragging, bullying or abusing other students or teachers.

(k) Pupils who are found to have secured admission or attempted to secure admission by means of false or forged leaving certificates or by false representations of any kind;

(l) Pupils in whose case it has been found that the entries in the leaving certificates have been tampered with;

(m) Pupils who have been found to be guilty of fraud or malpractices in connection with any public/school examination; and

(n) Pupils who are found guilty of gross misconduct.

(o) No student shall cause his or her parents to misbehave with teachers/any other staff of the school.

(2) The Administrator may on the advice of the Advisory Board, amend or add to the form of practices forbidden under sub-rule (1).

(3) If any student who has not attained the age of 14 years, indulges in any of the practices referred to in sub-rule (1), the Director may shift him to such a special school as he may think fit.

21. Forms of disciplinary measures – (1) The following shall be the disciplinary measures which may be adopted by a school in dealing with –

(a) In case of defaulting students, detention during the break, for neglect of class work, but no detention shall be made after the school hours. However, there shall not be any corporal punishment.

(b) In case of students who have attained the age of 14 years –

(i) Expulsion

(ii) Rustication

(2) For the avoidance of doubts, it is hereby declared that the disciplinary measures specified in clause (b) of sub-rule (1) shall not be imposed on any student who has not attained the age of 14 years; and without holding an inquiry and giving an opportunity to the pupil/his or her parents or guardian to defend against the charges.

(3) Expulsion shall debar a student from being readmitted to the school from where he is expelled, but shall not preclude his admission with the previous sanction of the Director of any other school.

(4) Where a student is rusticated, he shall not be admitted to any school till expiry of the period of rustication.

(5) No student shall be expelled or rusticated from a school except after giving the parents or guardian of the student a reasonable opportunity of showing cause against the proposed action, and without prior approval of the Director of Education.

(6) Expulsion or rustication shall be resorted to only in cases of gross offences where the retention of the student in the school is likely to endanger its moral tone of discipline.

(7) Except in case of any expulsion or rustication, the punishments of expulsion and rustication shall not be imposed, without prior approval of the Director.

22. Registers and records – (1) Every school shall maintain and produce at the time of inspection or visit, the following records and registers, and such other records and registers prescribed by Director of Education from time to time,

(a) Pertaining to Pupils

(i) General Register in the form prescribed;

(ii) Attendance Register of all students in the form prescribed;

(iii) Leaving Certificates received from other schools;

(iv) Counterfoils of Leaving Certificates issued to pupils;

(v) Records of pupils' attainments and/or examination results;

(vi) Records of health and medical examination of pupils;

(vii) Answer books of the annual examination of the preceding year;

(viii) Any other such documents/records/registers as specified by the Directorate of Education from time to time.

(b) Pertaining to Staff:

(i) Service Books of school employees as prescribed by the Government for government servants.

(ii) Register of attendance and leave of employees;

(iii) Discharge certificates received from teachers employed in the school.

(iv) Headmaster's log books (observations, supervision notes, suggestions to teachers etc.). The remarks made in the log book about the employees should be shown to the employees concerned and their signatures shall be obtained in token of them having seen the same;

(v) Annual confidential report files of teachers including head of the school.

(vi) Annual confidential report files of non-teaching staff.

(vii) Any other such documents/records/registers as specified by the Directorate of Education from time to time.

(c) Pertaining to school:

(i) Daily cash book;

(ii) Ledger showing receipts and expenditure, including separate account for term- fees;

(iii) Fees account book;

(iv) Provident Fund account register;

(v) Vouchers and T.A. bills;

(vi) Register of dead stock articles;

(vii) Laboratory and Library registers;

(viii) Inward and outward registers

(ix) Pay bills of staff.

(x) Any other such documents/records/registers as specified by the Directorate of Education from time to time.

(2) The Director of Education shall specify what returns and records shall be submitted by a school to the Directorate of Education or to its subordinate office.

(3) Standard forms and registers as applicable to Government Schools shall be used for the recognized schools as well.

23. Examination, assessment, evaluation, promotion etc. – The Director of Education shall issue detailed instructions regarding assessment, evaluation and promotion of students from one class to another, subject to the provision of the RTE Act, 2009. In cases of Classes IX to XII, such instructions shall be issued in consultation with the examination board, wherever necessary. School examination work viz. paper setting, supervision, assessment, evaluation, tabulation, preparation and filling up of cumulative progress cards, etc., shall be carried out by the teachers as assigned by the head of the school.

Assistance of the office staff wherever necessary shall also be taken by the head of the school for the school examination work.

24. School Libraries - The Director of Education may issue detailed instructions regarding the maintenance and use of school libraries and provide necessary staff to the schools, as per norms to be decided by the Director of Education, in consultation with the Advisory Board and with approval of Government from time to time.

25. Power to issue instructions - The Administrator may, if he is of the opinion that in the interest of school education in the Union territory of Dadra & Nagar Haveli and Daman & Diu, it is necessary so to do, issue such instructions in relation to any matter, not covered by these rules as he may think fit.

CHAPTER III

Opening of New Schools or Classes or Closure of Existing Schools or Classes

26. Notice of intention to open a new school - (1) An individual or an association of an individuals or a society registered under the Societies Registration Act, 1860 (21 of 1860), or trust created under the Indian Trusts Act, 1882 (2 of 1882), or any entity as per CBSE Affiliation Bye-laws, desiring to establish a new school, shall before establishing such new school give an intimation in writing to the Directorate of Education of their intention to establish such school, at least six clear months before the commencement of the academic year.

(2) The intimation, referred to in sub-rule (1) shall contain the following particulars, namely:

(a). The district and the village, along with the exact locality in which the new school is proposed to be established and the approximate number of students likely to be admitted in each class of the school.

(b). The stages of education intended to be imparted and the medium of instruction to be adopted in the new school;

(c). The number of schools of the intended stage and medium of instruction in existence in the locality or in its neighbourhood with actual distance from the existing schools of the type, where the new school is proposed to be established and the population of such locality/village/town, as the case may be;

(d). The reserve funds possessed in order to meet the recurring expenses including the salaries of the staff;

(e). The composition of the Managing Committee of the proposed new school, until the school is recognized and the new Managing Committee is constituted, in accordance with the scheme of Management made under the Act and the rules framed thereunder;

(f). The scale of pay for the head of the school and other teaching & non-teaching staff, shall be as laid down/specified by the Government from time to time.

(g). Any other facility which is proposed to be provided for the students of the proposed new school, in addition to those provided in the rules.

(h). The party proposing to open a new school shall give an undertaking under section 5 (i) (g) of the Act.

(3) The Director of Education may, after considering the particulars specified in the intimation given to him, under sub-rule (2) and after making such inquiries, as he may think fit, inform the party concerned who submitted the intimation, whether the opening of the proposed new school would be, in his opinion, in the public interest. A mere intimation of starting a school/class does not automatically entitle the Management to open a school/class without prior written permission of the Director of Education.

27. Opening of new classes in schools – (1) No recognized school shall, without giving full justification, open any new class or division other than those which have received approval from the appropriate authority, without obtaining prior sanction of the Director of Education or any subordinate authority authorized by the Director of Education.

(2) The norms for granting additional divisions shall be as follows, subject to any change on the recommendations of the Advisory Board.

I. The norms for granting additional divisions in std. I to VIII shall be as per the norms of the RTE Act, 2009.

II. The norms for granting additional divisions in std. IX to XII shall be as per the norms of Affiliating Board.

Provided that permission to open additional divisions shall be granted by the Director of Education after satisfying him/her about the physical facilities available with the school and mere enrolment of students by a school shall not automatically make the school eligible for the additional divisions and if the additional division is opened by the School Management, without prior permission the additional liability shall not be borne by the Department.

28. Closing down of a school or any class in the school - No school management shall close down a recognized school or an existing class therein, without giving full justification, and without the prior approval of the Director of Education.

Provided that no management shall close down a recognised school without giving a notice in writing at least six months in advance to that effect to the Director of Education, to all the employees of the school and to the parents or guardians of the students of their respective schools.

29. Absorption of surplus, employees etc.- (1) Where, as a result of –

(a) the closure of an aided school or any class/classes in any aided school;

(b) withdrawal of aid from an aided school;

(c) withdrawal of recognition from an aided school,

Any student or employee becomes surplus, such student or employee, as the case may be, shall be absorbed, as far as practicable, in such aided schools, as the Director of Education may specify:

Provided that the absorption in the aided schools of any employee who has become surplus shall be subject to availability of a vacancy and shall be subject further to the condition that the concerned employee possesses the requisite qualification for the post.

Provided further that where any such surplus employee is absorbed in an aided school, he shall be treated as junior to all the persons of the same category, employed in the aided school on the day immediately preceding the date on which he is so absorbed.

(2) While terminating the services of teachers under the rule (1) (a), the services of the junior-most teacher in the subject/faculty concerned or staff shall be terminated.

(3) Where any surplus employee is absorbed under sub-rule (1), -

(a). the salary and other allowances last drawn by him at the school from which he has become surplus shall be protected;

(b). the period of his qualifying service in the school in which he had worked before, such absorption and any previous period of qualifying service, in any recognised aided school in the territory of Dadra & Nagar Haveli and Daman & Diu shall be taken into account for the purpose of computing his/her service.

Provided that no teacher working on temporary or probationary basis shall qualify for absorption.

CHAPTER IV

Recognition of schools

30. Form and manner of application for recognition - Every private school seeking recognition shall make an application, in Form I to the Director of Education, or an authority subordinate to him, as authorised by him. However, all existing recognised schools, subject to the provisions of these rules, shall be deemed to have been recognised under these rules.

Provided that, as per provision provided in section 4 (5) of the act, necessary action shall be taken against the unrecognised school functioning in the Union Territory of Dadra & Nagar Haveli and Daman & Diu.

31. Conditions for recognition - No private school including residential school shall be recognised or continue to be recognised, by the Director of Education unless the school fulfils the following conditions namely:

(i) The school is run by an individual or association of individuals 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 any entity as per CBSE affiliation bye laws and is managed in accordance with a scheme of management made under these rules.

Provided that the management who is desirous of getting grant in aid from the Government shall necessarily register as society under the Societies Registration Act, 1860, and failing to do so, they shall not be entitled to claim any grant-in-aid:

(ii) Subject to the provisions of clause (1) of Article 30 of Constitution of India, the school serves a real need of the locality and is not likely to affect adversely the enrolment of the nearby school which has already been recognised by the Department;

(iii) The school follows approved courses of instruction as prescribed by the Government and accepts the pay scales for its employees as prescribed by Government, even when the Government aid is not sought for;

(iv) The school is not run for profit to any individual, group or association of individuals or any other persons;

(v) Admission to the school is opened to all without any discrimination based on religion, caste, race, sex, place of birth, region, disability or any of them;

(vi) The Managing Committee observes the provision of the Act and the Rules made there under and the instructions issued by the Director of Education or his authorised subordinate officer from time to time;

(vii) There shall be no mandatory minimum land ownership requirement for establishment or continuation of pre-primary to Class XII of the private schools. However, every private school shall maintain infrastructure and facilities as per the norms of the affiliating board and shall comply with safety & statutory requirements.

(viii) The arrangements in the building or other structure and the furnishings thereof meet adequately the requirements of health and hygiene;

(ix) The school buildings or other structures or the grounds are not used during the day or night for commercial or residential purposes or for communal, political or non-educational activity of any kind whatsoever;

(x) The accommodation is adequate/sufficient for all the classes of the school;

(xi) There is no thoroughfare for public passage through any part of the school premises;

(xii) Sanitary arrangements at the school are adequate and the school shall provide clean, healthy and hygienic toilets on each floor with handwashing facilities for boys and girls separately in proportion to the number of students and separate toilets for staff members.

(xiii) Arrangements are made for the supply of potable drinking water to the students and the staff members and suitable facilities are provided to enable them to take refreshments or meals;

(xiv) The education imparted in the school is satisfactory in all respects and the teaching staff of the school is qualified as per the prevailing Recruitment Rules of the U.T. and is adequate in number;

(xv) Language pattern notified by the U.T. of Dadra & Nagar Haveli and Daman & Diu as per NEP, 2020, as amended from time to time shall be followed.

(xvi) No Essentiality Certificate shall be required for establishment or recognition of private schools.

(xvii) Recognition shall be based on self-certification supported by documentary compliance with applicable safety, infrastructure adequacy and statutory norms.

(xviii) A private school can be run on its own building/in a rented building/ on lease hold basis with a minimum period of twenty years irrevocable lease deed.

(xix) Pupil-teacher ratio shall be as per the norms of the RTE Act, 2009 and as per the norms of the respective affiliating board or as specified from time to time.

(xx) That the school shall promote inclusion of students with special needs as per the provisions laid down in the RPWD Act, 2016 and in conformity with the NEP, 2020.

(xxi) That the school shall provide facilities like ramps with handrails, CWSN friendly toilets, etc., in accordance with the provisions laid down in the RPWD Act, 2016, and specified by the Government as amended from time to time.

(xxii) The school shall be conducted to promote discipline and orderly behaviour and to maintain high moral tone;

(xxiii) No teacher or student of the school shall be compelled to attend the classes in which religious instructions are given or to take part in any religious activity; no teacher or student absenting himself from a religious instruction, or religious activity is made to suffer any disability on that account and no student shall be refused admission to the school because exemption from attending religious exercises or religious instructions has been claimed by him or his parent or guardian;

Provided that school shall maintain secular character.

(xxiv) The school should be opened to inspection by any of the following officers namely- (i) Any officer authorised by the appropriate authority or the Director of Education.

(ii) The Officers of the Education Department, Public Health Department and Public Works Department of the U.T. Administration of Dadra & Nagar Haveli and Daman & Diu.

(xxv) The school furnishes such reports and information as may be required by the Directorate of Education, or the officers of the Department, from time to time and complies with such instructions of the Directorate of Education or from the departmental officers as may be issued to secure the continued fulfilment of the conditions of recognition or the removal of deficiencies in the working of the school;

(xxvi) All records of the school are open to inspection by any officer authorised by the Directorate of Education, at any time, and the school furnishes such information as may be necessary to enable the Central Government or the Administrator to discharge its or his obligations to Parliament or the local authority.

(xxvii) The school does not engage in any unhealthy competition with any existing school of the same category in the neighbourhood;

(xxviii)The management undertakes to make provision to the satisfaction of the Department; that the general rules of discipline as laid down by Government from time to time are duly observed by the management, teachers as well as by the pupils;

(xxix) The management undertakes to follow the guidelines/provisions of the affiliation boards, RTE Act, 2009, and any other such provisions/guidelines/orders/rules/acts issued by the Central Government or by the U.T. Administration of Dadra & Nagar Haveli and Daman & Diu from time to time.

(xxx) The management undertakes to abide by such orders relating to any of the above conditions or to the working of the school including residential school or hostel as may be issued by the competent authority or the Director of Education, either generally or any specific cases, from time to time;

Provided that separate guideline/policy shall be issued and to be amended from time to time by the Directorate of Education for regulation of the residential school.

Provided that the conditions for recognition under each of the above heads shall be tested by thorough inspection by the officers of the Education Department.

32. Facilities to be provided by a school seeking recognition of the Department –

(1) Every private school seeking recognition shall provide for the following facilities, namely:

a. Playground, library, laboratories, computer facilities and other infrastructure may be provided either within the school premises or through formal arrangements/agreements, including on payment basis with nearby Government Institutions, Municipal Facilities, Higher Educational Institutions or other recognized schools

b. Sharing of playgrounds, libraries (including digital libraries), laboratories and co- curricular facilities shall be permitted, subject to documented access and student safety.

c. Prescriptive norms relating to minimum size, quantity, built-up area, computer ratios, classroom dimensions or similar rigid infrastructure standards shall not apply; instead, schools shall follow the norms of affiliating board.

d. Vertical development of school buildings shall be permitted, subject to building safety regulations and building plan approvals.

e. Infrastructure and equipment may be accessed or augmented on payment basis from nearby facilities.

f. Compliance shall be assessed on functional adequacy, accessibility and safety, and not on fixed numerical thresholds.

g. No minimum Endowment Fund shall be required for establishment or operation of private schools.

h. Barrier free access to the CWSN students as per RPWD Act, 2016.

33. Form and Manner of Application for Recognition of Pre-Primary Schools - Every private

pre-primary school seeking recognition shall make an application in Form II to the District Education Officer of the respective district.

Provided that all the existing pre-primary schools functioning along with schools defined in section 2(n) of RTE Act, 2009, subject to the provisions of these rules, shall be deemed to have been recognized under these rules.

34. Conditions for Recognition of Pre-primary Schools - (1) No private pre-primary school shall be recognized or continue to be recognized, by the Director of Education unless the school fulfils the following conditions and norms & standards for pre-primary school specified in the schedule which is annexed as Annexure - I or as amended from time to time:

(a) The building or other structure in which the school is carried on, its surroundings, furniture and equipment are adequate and suitable for a pre-primary school, comply with safety and statutory requirements.

(b) That the school shall provide clean, healthy and hygienic toilets with handwashing facilities separately for boys and girls in proportion to the number of students and separate toilets for staff members. CWSN friendly toilets shall also be made available.

(c) Arrangements are made for the supply of potable drinking water to the students and the staff members.

(d) The teaching staff should possess the requisite qualification prescribed by the department from time to time.

(e) Recognition shall be based on self-certification supported by documentary compliance with applicable safety, infrastructure adequacy and statutory norms.

(f) The school shall be open for inspection by any of the following officers namely-

(i) Any officer authorised by the appropriate authority or the Director of Education.

(ii) The officers of the Education Department, Public Health Department or any other Government department dealing with the children of the age group of 3-6 years.

(g) The school furnishes such reports and information as may be required by the Directorate of Education, or the officers of the Department, from time to time and complies with such instructions of the Director of Education or from the departmental officers as may be issued to secure the continued fulfilment of the conditions of recognition or the removal of deficiencies in the working of the school;

(h) All the records of the school shall be open for inspection by any officer authorised by the Director of Education, at any time.

(i) RPWD Act, 2016, also to be complied.

(j) The management undertakes to follow the guidelines/orders/rules/acts issued by the Central Government or by the U.T. Administration of Dadra & Nagar Haveli and Daman & Diu from time to time.

Provided that, the conditions for recognition under each of the above heads shall be tested by thorough inspection by the officers of the Education Department.

35. Power to grant exemption - The Director of Education, may, exempt provisionally any private school seeking recognition from one or more of the provisions of rule 31 or 32 or 34 for such period as it may consider necessary, provided that the Director of Education is satisfied that the school will be in a position to fulfil in the near future, the requirements from which it is provisionally exempted.

36. Date of Recognition - The recognition given to a school shall come to effect from the date decided upon by the Director of Education and ordinarily, recognition shall be given from the date of commencement of the school year.

37. Recognition to lapse if not availed of within a year - (1) The recognition granted to a school shall lapse unless it is availed of within a year from the date on which it is to be effective.

(2) Where a recognition has been granted to a private school for a limited period, such recognition shall lapse on the expiry of that period unless such recognition is renewed before the expiry of that period:

Provided that, no recognition shall be renewed unless an application for such renewal has been made in Form I/Form II not less than 6 months before the date on which the recognition is to expire and unless the school continues to fulfil the conditions specified in sub-section (1) of section (5) of the act and rule 31 or 32 or 34 ;

Provided further that the Director of Education may, on sufficient cause being shown by the managing committee of the school, relax the time limit for making an application for the renewal or recognition.

38. Lapse of recognition in other cases- (1) If the recognised school ceases to function or is shifted to a different locality or is transferred to a different trust, society, individual or a group of individuals without the prior approval of the Director of Education, its recognition shall lapse on such ceasing, shifting or transfer, as the case may be, and it shall, for the purpose of future recognition, be treated as a new school.

(2) Where one or more of the conditions of recognition, specified in sub-section (1) of Section (5) of the act or in rule 31 or 34, are not complied with, by any recognised school, the Director of Education may by written notice draw the attention of the school to such non-compliance and, if within 30 days from the date of service of such notice any such condition for the recognition is not complied with the recognition granted to such school shall, on the expiry of the said period of 30 days stand lapsed.

39. Suspension or withdrawal of recognition- (1) If a school ceases to fulfil any requirement of the Act, or any of the conditions specified in rules 31 or 32 or 34 , the Director of Education may, after giving a reasonable opportunity to the school of showing cause against the proposed action, shall suspend or withdraw the recognition by giving reason to be recorded in writing:

Provided that where the Director of Education is satisfied that the deficiencies or defects are capable of immediate or early removal, it may, instead of withdrawing the recognition for such periodSERIES – I No. 03 THE GAZETTE OF DNH & DD Page 18 as it may think fit to enable the management of the school to remedy the deficiencies or defects to the satisfaction of the Director of Education:

Provided further that where the recognition of a school has been withdrawn or suspended, the Director of Education shall not grant recognition of such school whether run by the name by which it was known at the time of such withdrawal or suspension or by any other name, unless the school has removed the deficiencies or defects for which the recognition has been withdrawn or suspended.

(2) Where recognition of any school is withdrawn, the reasons for withdrawal of such recognition shall be communicated to the management within 7 days from the date on which the recognition is withdrawn.

Provided that the closure notice shall contain the date of effect of closure not less than 45 days from issue of the closure notice.

Provided further that the school authority shall inform about the closure to the staff of the school and parents of the students of the school immediately on receipt of the closure notice.

Provided further that necessary arrangements shall be made by the Directorate of Education to admit the students in the nearby Government/Private (Aided/Unaided) school.

(3) Any management aggrieved by the withdrawal of recognition of the school managed by it may, within 30 days from the date of communication to it of the withdrawal of recognition, prefer an appeal against such withdrawal to the authority specified in rule 41.

40. Restoration of Recognition - The recognition once withdrawn for lapse shall not be restored until the Director of Education is satisfied that the reasons which led to the withdrawal or lapse of recognition have been removed and that in all other respects the school complies with the provisions of the Act and the rules made thereunder.

41. Authorities to which the review applications may be preferred - (1) Every appeal against refusal by the Director of Education, to accord recognition to a school or withdrawing recognition from an existing school shall be preferred to the Tribunal.

(2) Every such review application shall be made in writing within 30 days of the receipt of the communication of refusal or withdrawal and shall be accompanied by a copy of the reasons for the refusal to accord recognition or withdrawal of recognition, as the case may be, communicated to the appellant.

C H A P T E R - V

Scheme of Management of Recognised Schools

42. Scheme of Management of recognised schools- (1) The scheme of management in relation to a recognised school shall provide that:

a. The Managing Committee of a recognised school shall consist of not more than ten members;

b. Subject to the total number of members specified in clause (a), every Managing Committee shall include the following, namely:

i. The head of the school;

ii. One parent, who is a member of the Parent Teachers' Association (PTA) of the school, constituted in accordance with such instructions as may be issued by the Director of Education;

iii. One teacher of the school;

iv. One person (a woman if possible), who is or has been a teacher of any other school or educational institution;

v. One member to be nominated by the Director of Education who shall be an officer of the Directorate of Education not below the rank of the District Education Officer.

vi. The remaining members to be nominated or elected, as the case may be, in accordance with the rules and regulations of the trust/society, by which the school is run.

(2) The scheme of management shall also provide for the following, 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). The manner of elections to the managing committee;

(c). That for the purpose of elections to the managing committee, the head of the school shall be the returning officer and shall conduct and be In-charge of the elections;

(d). That any change in the composition of the managing committee shall be communicated to the Director of Education within 7 days from the date when such change takes place;

(e). The duties, powers and responsibilities of the managing committee, which shall include the control over appointments, disciplinary action and control on staff, and shall also provide that no financial irregularities are committed or any irregular procedure is followed;

(f). That the managing committee shall ensure that the school gets furniture, science equipment, library books, requisite sports materials and other teaching aid;

(g). The duties, powers and responsibilities of the head of the school, which shall provide that he/she shall;

(i) Function as the head of office of the school under his charge and carry out all administrative duties required of a head of office as assigned to the head of the school by the managing committee;

(ii) In case of aided school he/she shall be responsible for drawing and disbursing the salaries of the employees of the school if so, authorised by the managing committee and in the case of an unaided school, he/she may perform only such function as drawing and disbursing officer as may be specified in the instructions issued by the Director of Education;

(iii) Be responsible for the proper maintenance of accounts of the school, subject to such authorization by the managing committee, and maintain school records, service books of teaching and non teaching staff and such other registers, returns and statistics as may be specified by the Director of Education from time to time;

(iv) Handle official correspondence relating to the school except the establishment and financial matters and furnish, within the specified dates, the returns and information required by the Director of Education; and in case of correspondence relating to establishment and financial matters, he shall cause the information to be furnished by the management. All representations of the staff including the heads of schools shall be routed through the management.

(v) In the case of unaided schools all payments (including salaries and allowances of teachers and other non teaching staff) shall be paid on time and according to the instructions governing such payment.

Provided that where he is so authorised by the management, make, in the case of an aided school, all such payments according to the instructions governing such payments;

(vi) Cause to purchase 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 cause payments to be made.

(vii) Ensure that the tuition fees, where levied, are realized and appropriately accounted for and duly appropriated for the purpose for which they were levied;

(viii) Conduct physical verification of school property and stocks at least once a year and ensure the maintenance of stock registers neatly and accurately;

(ix) Be responsible for proper utilization of the Pupils' Fund;

(x) Make satisfactory arrangements for the supply of potable drinking water and provide other facilities for the pupils and ensure that the school building, its fixtures and furniture, office equipment, lavatories, playgrounds, school garden and other properties are properly and carefully maintained;

(xi) Supervise, guide and control the work of the teaching and non-teaching staff of the school;

(xii) Be in charge of admission in the school, preparation of school timetable, allocation of duties and teaching load to teachers and shall provide necessary facilities to the teachers in the discharge of their duties and conduct school examinations in accordance with the instructions issued by the Director of Education or affiliation board from time to time and he/she shall discharge these duties in consultation with and assistance of his/her colleagues;

(xiii) Plan the years' academic work in advance in consultation with his/her colleagues and hold staff meeting at least once a month, review 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 encourage them to undertake experiments which are educationally sound;

(xvi) Supervise classroom teaching and secure cooperation and coordination amongst teachers of the same subject area as well as inter-subject coordination; so as to eliminate the isolation both vertical and horizontal.

(xvii) arrange for special remedial teaching for weaker students as also of other children who need such remedial teaching by drawing a regular annual programme in consultation with the teachers and review the progress periodically;

(xviii) arrange for informal and non-classroom teaching;

(xix) plan and specify a regular timetable 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 with the cooperation and assistance of teachers;

(xxi) organize and coordinate various co-curricular activities through the house system or in such other effective ways as he/she may think fit;

(xxii) cause to 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) cause to send regularly the progress reports of the students to their parents or guardians through their class teacher;

(xxiv) promote the physical wellbeing of the students, secure high standards of cleanliness and health habits, and arrange periodical medical examinations of the students and cause to send medical reports to parents or guardians through their class teachers;

(xxv) be present in the school premises during school hours and shall be available to the public and departmental officers in the school premises for consultation during school hours and devote at least twelve periods or 7 hours in a week to teach the pupils;

1. If the officers of the Department had occasion to observe, dereliction of duties with reference to the above listed responsibilities or frequent absences of the Head Master from the school during school hours, the Management is obliged to take suitable action against such a Head Master on receipt of such a report from the officer.

2. In case of schools working in two shifts, the working hours of the head of the school shall be so adjustable that he will be able to guide and supervise the school work in both the shifts, and the Management shall fix his school timings in consultation with the Department.

(h). the educational and other qualifications of the manager and his duties & responsibilities, the position of the manager vis-à-vis the managing committee;

i. no employee of an aided school (other than head of school) shall be appointed as the Manager, the head of school may be appointed as the manager of the school, whether aided or unaided;

ii. appointment of the manager; the terms and conditions of his appointment, removal of the manager, filling up of casual vacancy in the office of the manager, duties and responsibilities of the manager;

iii. 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, but where the head of the school is also the manager, such bills shall be signed jointly by the head of the school and another member of the managing committee specially authorised by the committee in this behalf;

iv. that the administration and academic work of the school shall be attended by the head of the school and except where the head of school is the manager, the manager shall not interfere with the day-to-day administration and academic work of the school;

v. no member of the managing committee shall be entitled to participate in any meeting at which his personal conduct is under discussion;

vi. in the case of an unaided minority school, the form of the contract referred to in sub- section (1) of section 17 of the act and the manner in which every contract of service shall be preserved;

vii. the managing committee shall be subject to the control and supervision of the trust or society by which such school is run.

viii. Manager shall not be at the same time the manager of any other school of other management.

(3) The managing committee of an existing school shall make the draft of scheme of management after the commencement of these rules and shall within ninety days from such commencement submit such draft to the Director of Education for its approval;

Provided that the Director of Education after giving to the managing committee a reasonable opportunity of being heard, make such alteration or modifications in the draft scheme of management as the circumstances 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 management by the Director of Education, the composition thereof in conformity with the scheme of management as approved by the Director of Education.

Provided that this rule i.e. Rule 42 will not be applicable to the standalone pre-primary schools.

CHAPTER VI

Grant-in-Aid

43. Aid to existing schools to continue - Every aided school shall, so long as it fulfils the conditions for receiving aid, continue, subject to the provisions of these rules, to receive such aid.

44. Power of Director of Education to determine the number of aided schools - The Director

of Education or any other officer authorised by him/her in this behalf shall determine every year the total number of recognised schools to which Grant-in-aid may be given.

45. Application for Grant-in-aid - Every application for Grant-in-aid by a School Management having a Society registered under Societies Registration Act, 1860 shall be made in Form III and shall be addressed to the Director of Education or any officer authorised by him/her in this behalf and every application for the yearly assessment of grants shall be made in Form prescribed by the Director of Education;

Provided that no pre-primary or primary school shall be held eligible for receiving grant-in-aid.

46. Power of Director of Education to cause the school to be inspected - Where the application

is made for any Grant-in-aid in relation to a school, the Director of Education shall cause such school to be inspected by an officer authorised by him/her in this behalf as regards the suitability or otherwise of the school to receive such aid.

47. No aid be given unless suitable undertakings are provided by the Managing Committee –

No school shall be granted aid unless its Managing Committee provides an undertaking in writing that it will comply with the provisions of the Act, these rules and such instructions as may be issued, from time to time, by the Director of Education, with regard to the Grant-in-aid, and that the breach of any provision of the Act, these rules or any instructions issued by the Director of Education in this behalfSERIES – I No. 03 THE GAZETTE OF DNH & DD Page 24 shall render such school liable to be removed from the Grant-in-aid list, and the Grant-in-aid shall be withdrawn forthwith:

Provided that the Director of Education shall give a show-cause notice or cause to give a show- cause notice to the Managing Committee before withdrawing the Grant-in-aid from the school.

48. Conditions for Grant-in-aid - The school management seeking Grant-in-aid shall have- a. a permanent income, when supplemented by Grant-in-aid shall be adequate to discharge its obligations under the Act and to enable it to carry on its work efficiently;

b. a reserve fund of an amount specified by the department from time to time.

Explanation: The reserve fund shall be school-wise, irrespective of the fact that the Management is common.

49. No Grant-in-aid for unqualified staff – (1) In order to be eligible to receive Grant-in-aid, the school shall employ adequate number of qualified teaching and other staff as approved by the Director of Education under the norms of post fixation or as has been specified by him/her from time to time.

(2) The pay of unqualified teachers shall not be an admissible charge for the assessment of Grant-in-aid in the school unless exemption/relaxation has been made by the Director in this behalf.

50. Enrolment - Student Classroom Ratio (SCR) shall be as per the norms of RTE Act,2009 for Classes VI to VIII and as per the norms of concerned affiliating Board for Classes IX to XII.

51. Grant-in-aid for a stage of education - Where a school receiving Grant-in-aid for classes comprising one stage wishes to secure Grant-in-aid for another stage, the managing committee or the manager of such school shall submit a fresh application in respect of the stage for which such grant is desired.

NOTE: Permission for upgradation, or additional class or divisions shall not automatically make the school eligible for grant-in-aid for such classes or divisions.

52. Stoppage, reduction for suspension of grant-in-aid. - Subject to the provisions of Rule 48, any Grant-in-aid to a school may be stopped, reduced or suspended at any time by the Director of Education.

a. If the managing committee of the school fails, without any reasonable excuse, to comply with any provision of the Act, or these rules or any instructions given by the Director of Education; or

b. If one or more of the conditions for the recognition, discipline, organization or instruction in the school is unsatisfactory; or

c. If, as a result of lack of discipline, the academic standards are likely to be adversely affected; or

d. If one or more of the conditions for the recognition of a school or the grant of any aid to a school have been violated:

Provided that no aid shall be stopped, reduced or suspended except after giving to the Managing committee of the school the reasonable opportunity of showing cause against the proposed action.

53. Managing Committee to pay its share towards salary and allowances of employees, etc. -

The Managing Committee of a School, in relation to which aid has been reduced or suspended, shall, if it runs the school after such reduction or suspension of aid, discharge the obligations referred to in sub section (2) of Section 7 of the Act.

54. Categories of Aid - The school Managements having Societies are eligible for the salary grants which may be paid at the discretion of the Sanctioning Authority, subject to fulfilment of conditions of recognition, Grant-in-aid and other rules.

Provided that such other grants as may be sanctioned by Government from time to time.

The money annually granted from Public Funds for aiding secular education in the Union Territory of Dadra & Nagar Haveli and Daman & Diu are administered under the control of the Director of Education, in accordance with the conditions set forth in these rules.

Provided that the payment of grants to schools shall be subject to the condition that the requisite budget grants are sanctioned by the Government. Notice of the probable reduction in any year shall be given as soon as possible after the budget grants are passed and such reduction shall continue in force until the notice is modified or cancelled.

55. Salary Grants: Subject to funds being available, all the aided schools are eligible for salary grant as per the pattern of assistance approved by the Government. The pattern of assistance approved is subject to review once in ten years on the recommendations of the Advisory Board, in case, there is such a demand from the managements of the aided schools. The salary grants of the schools are released in convenient instalments to facilitate the managements to pay the salaries of the employees regularly.

The salaries of the employees shall be paid through the nationalized banks, as per the scheme prepared by the Department and in force on the day previous to the commencement of these rules. The mode of payment and other modalities are subject to change at the discretion of the Government.

CHAPTER VII

School Property

56. Particulars of school property to be furnished to the appropriate authority. - The manager

or managing committee of every aided school shall furnish to the Director of Education in Form IV statements of all movable and immovable property of the school.

57. Transfer of school property - Where any school property, movable or immovable, has been acquired wholly or partly out of the funds provided by the Government by way of aid, such property may be transferred without the previous approval of the Government if such school property is declaredSERIES – I No. 03 THE GAZETTE OF DNH & DD Page 26 by the Government to be obsolete, surplus or unserviceable, and every such disposal shall be made by public auction or in such other manner as may be specified by the Administrator.

58. Form and time for appeal. - Any person aggrieved by the grant or refusal of permission under sub-section (2) of section 9 of the act may prefer an appeal to the tribunal within thirty days from the date of communication of the grant or refusal of permission to transfer school property and every such appeal shall be preferred in the form of an application and contain the particulars of the school property proposed to be transferred:

Provided that the Administrator may, if he is satisfied, that the appellant was prevented by sufficient cause from preferring the appeal within the said period of thirty days, extend the period by such further period not exceeding thirty days, as he may think fit.

CHAPTER VIII

Recruitment and terms and conditions of service of the employees of the private schools

59. Recruitment and promotion- (1) Recruitment and promotion of employees in each recognised private school aided or unaided shall be made on the recommendation of the selection committee/promotion committee.

(2) The selection committee/promotion committee shall consist of the following:

(a). In case of recruitment/promotion of the head of the school/head of Primary Teachers' Training Institute.

(i) The chairman of the managing committee;

(ii) The Director of Education; or his nominee (for aided schools);

(iii) An educationist nominated by the managing committee; and

(b). In case of an appointment/promotion 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 the institution;

(iii) The Director of Education; or his nominee (for aided schools) and

(iv) In the case of appointment of a teacher, a subject expert may be co-opted by the committee and in such case he/she shall carry the same rights and privileges at par with other members.

(c). In the case of an appointment/promotion of a non-teaching staff-

(i) The chairman of the managing committee or a member of the managing committee to be nominated by the chairman;

(ii) Head of the school/institution;

(iii) The Director of Education; or his/her nominee (for aided schools).

(3) The chairman of the Managing Committee or a member of the Managing Committee nominated by the chairman shall be the chairperson of the Selection Committee.

(4) The Selection/promotion committee shall regulate its own procedure. However, in aided schools, it shall be the same as applicable to the corresponding posts in the government schools.

(5) The selection made by the Selection/Promotion Committee shall be ordinarily accepted by the Managing Committee of the school. Where, any selection made by the Selection/ Promotion Committee is not acceptable to the Managing Committee of an aided school, the Managing Committee shall record its reasons for such non-acceptance and refer the matter to the Director of Education for its decision and the decision of the Director of Education in this regard shall be final.

(6) Where, a candidate for recruitment to any post in the recognised school is related to any member of the Selection Committee/Promotion Committee, the member to whom the candidate is related shall not participate in the selection and a new member shall be nominated.

(7) No Managing Committee shall entertain any application for employment from a person who is already serving as a teacher in an aided school, unless, the application from such person is duly forwarded by the manager of the school in which such applicant is serving;

Provided that in case the manager fails to forward the application, the applicant may send a copy of his/her application to the prospective employer.

Provided further that no such employee of a recognized private school shall be relieved of his/her duties on resignation except after the expiry of a period of one month from the date on which notice of resignation to leave the school is given;

Provided where an employee of the aided school desires to get relieved before the expiry of the notice period, he/she shall be relieved forthwith after recovery of one month's salary & allowances from the employee and the amount so recovered shall be credited to the Government treasury.

60. Relaxation to be made with the approval of the Director of Education- Where, relaxation

of any essential qualification for the recruitment of any employee is recommended by the appropriate Selection Committee, the Managing Committee of the aided school shall not give effect to such recommendation unless such recommendation has been approved by the Director of Education.

Provided that the Director of Education shall be competent to grant ex-post facto approval or relaxation in the procedure of recruitment in aided schools.

61. Appointing Authority and Appointment - (1) The appointing authority for every employee shall be the Chairman of the Managing committee subject to the approval under Rule 60. The appointment of every employee of an aided school shall be made by the Chairman of the Managing Committee on behalf of the Managing Committee in a form to be specified by the Director of Education.

(2) Every appointment made by the Chairman of the Managing Committee of an aided school shall initially be provisional and shall require prior approval of the Director of Education.

62. Prohibition against employment of dismissed employees. - No recognised school shall employ an employee who has been dismissed from service by another recognised or Government school, except with the previous approval of the Director of Education.

63. Minimum qualifications for the appointment of teaching staff. - The qualifications for the recruitment/promotion of the teaching and non-teaching staff in the recognised schools, whether aided or not, shall be as per the prevailing Recruitment Rules of the U.T. Administration of D.N.H. & D.D, amended from time to time. The existing teachers shall fulfil the qualifications prescribed in the Recruitment Rules within 5 years from the notification of these rules.

64. Admissibility of staff and norms for teachers in aided schools- (1) The number of teachers shall be as per provision of the RTE Act, 2009, or as per the provision of the affiliating board or any such instructions issued by the Directorate of Education from time to time in this regard.

(2) Every secondary school shall be entitled to the post of a Headmaster and in case the school is upgraded to a higher secondary school, the school shall be eligible for the post of Principal. The post of Headmaster shall get deemed abolished once the post of Principal gets sanctioned for the same school.

Provided that the concerned school/management shall apply for creation/sanction of such post.

(3) The admissibility of non-teaching staff shall be as follows:-

• One Lower Division Clerk for the school having pupils up to 500 and two Lower Division Clerks for the school having pupils more than 500,

• One Library Assistant.

• Three Laboratory Technicians (for Higher Secondary with Science stream) – one each for Physics, Chemistry and Biology subject.

• The entitlement of menial staff (MTS) shall be one for the schools having Classes VI to X and two for schools having Classes VI to XII. Schools with a single division from Classes VI to X are entitled for one MTS and that of Classes VI to XII for two MTS. Schools with multiple divisions are entitled for one MTS each for six divisions.

NOTE: The norms under this rule are subject to revision by the Government on the recommendations of the Advisory Board.

Provided that the management shall apply for sanctioning of the posts as per rules. The Administrator of the U.T. of Dadra & Nagar Haveli and Daman & Diu shall have the power to sanction the posts for the aided schools of the U.T.

65. Power to relax qualifications - The minimum qualifications may be relaxed by the Director of Education, provided that such relaxation shall be made in accordance with the orders on the subject made by the Central Government or U.T. Administration of Dadra & Nagar Haveli and Daman & Diu from time to time.

66. Age Limit - The minimum and maximum age limit for recruitment to a recognised private school whether aided or not, shall be as per the prevailing Recruitment Rules at the time of recruitment or as specified by the Administrator for appointment to corresponding posts in Government schools:

Provided that the upper age limit may be relaxed in accordance with the orders on the subject made by the Central Government or U.T. Administration of Dadra & Nagar Haveli and Daman & Diu from time to time.

67. Probation- (1) - Every employee shall on initial appointment be on probation for a period of 2 years which may be extended by the appointing authority by another year and the services of an employee may be terminated with one month's notice without holding any inquiry during the period of probation if the work and the conduct of the employee during the said period is not in the opinion of the appointing authority, satisfactory:

Provided that no termination from the service of an employee of an aided school on probation shall be made except with the previous approval of the Director of Education.

Explanation: The work is said to be unsatisfactory only when written memos are served on the employee pointing out the defects or acts of misbehaviour and reasonable opportunities are given to the employee to explain and improve, and provided further that those deficiencies/shortcomings are reflected in the confidential report/reports of the respective year/years.

(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 a temporary vacancy or any vacancy for a limited period.

68. Medical Certificate and character certificate - (1) Every appointment in a recognised private school, whether aided or not, shall be subject to the physical fitness and good character of the appointee.

(2) The candidates selected for appointment shall be required to produce a medical certificate of fitness from a hospital established or maintained by Government or any medical authority or a registered medical practitioner approved for the purpose by the Director of Education and character certificate issued by the competent authority.

(3) In the case of aided school, a copy of the medical certificate and a copy of character certificate issued by the competent authority shall be enclosed with the Grant-in-Aid papers, claiming the salary grant of the appointee for the first time.

69. Fixation of pay- (1) The initial pay of an employee on first appointment, shall ordinarily be fixed at the minimum of the scale of pay.

(2) If an employee migrates from one aided school to another aided school in the Union Territory of Dadra & Nagar Haveli and Daman & Diu after applying through proper channel and his resignationSERIES – I No. 03 THE GAZETTE OF DNH & DD Page 30 in the former school with due notice is accepted, his pay last drawn shall be protected and shall be paid to him in the new school on the strength of the last pay certificate.

Provided that the services are continuous and there is no break in service.

Provided that such migration is approved by the Director of Education.

The pay of an employee on promotion to a higher grade or post in the same school or any other school under the same management where the services are transferable, shall be fixed under the same rules as are applicable to the corresponding employees of Government schools.

70. Method of Recruitment (1) - Every vacancy in an aided school shall be filled in accordance with the method of recruitment specified in the prevailing Recruitment Rules of U.T. Administration by obtaining prior permission from the Director of Education.

(2) Every vacancy which is to be filled up by direct recruitment shall be notified online on the official website of the U.T. as well as in the official website of the respective district, in the local newspaper and names shall also be called from the Employment Exchange as per the rules applicable to government offices while recruiting the corresponding posts in government schools.

71. Seniority - (1) Seniority of employees in each category shall be determined by the order of merit in which they were selected for appointment to the concerned post and those selected on an earlier occasion shall be ranked senior to those selected later.

(2) Inter-se seniority between direct recruits and promotees shall be determined according to the rotation of vacancies between direct recruits and promotees which shall be based on quotas of vacancies reserved for direct recruitment and promotion respectively. In case of doubts, the detailed instructions issued by the Government in this regard in respect of government servants shall be followed, and, wherever there is a dispute the case shall be referred to the Director of Education and his/her decision in the matter shall be final.

72. Retirement age - Every employee of a recognised private school, whether aided or not, shall hold office as per the corresponding post in government schools, and the rules of voluntary retirement and premature retirement shall be the same as applicable to their counterparts in government service.

73. Leave of absence - Every employee of a recognised private school whether aided or not, shall be entitled to Casual Leave (CL), Earned Leave (EL) and Half-Pay Leave (HPL) as admissible to the employees of a corresponding status in government schools.

74. Confidential Reports. - (1) Confidential reports in relation to the teachers, head of schools and other employees of recognised schools, whether aided or not, shall be maintained in the form specified by the Administrator in this behalf to the employees of the corresponding status in government schools.

(2) The Confidential reports shall be recorded every year by the head of the school in respect of the employees working under him/her and every such confidential report shall be reviewed by the chairman of the managing committee.

(3) The confidential report in respect of the head of the schools shall be recorded every year by the chairman of the managing committee and every such confidential report shall be reviewed by the managing committee.

(4) Any adverse entry in the confidential report in relation to any head of the school or other employee shall be communicated to him/her by the chairman of the managing committee and every such communication shall be made in accordance with the instructions issued by the Administrator in respect of government employees.

(5) Any employee of an aided school who is aggrieved by any adverse entry in his/her confidential report may, within 30 days from the date on which such adverse entry is communicated to him/her, prefer an appeal against such entry to the Director of Education and the Director of Education may after giving to the managing committee the reasonable opportunity of showing cause make such alterations in the entries in the confidential report as he/she may think fit and may, for that purpose require the managing committee to produce the concerned confidential report.

Provided that every such appeal shall be forwarded by the appellant through the manager who shall forward the same to the Director of Education within seven days of its receipt and in any case within such time so as to reach the Director of Education within the stipulated period:

Provided further that the manager shall endorse and make available a copy of his/her letter forwarding the appeal to the Director of Education and simultaneously, to the appellant, failing which the employee may file the appeal directly to the Director of Education.

(6) 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 report in relation to the other employees of the school shall be kept in the safe custody of the head of the school.

75. Private tuitions - No full-time teacher or an employee of aided school shall undertake private tuitions or private employment or otherwise engage himself/herself in any business.

76. Suspension - (1) Subject to the provision of sub-section (3) and (4) of section 11 of the act, the managing Committee may place an employee of a recognised private school, whether aided or not, under suspension -

a. Where, a disciplinary proceeding against such employee is contemplated or pending;

or

b. Where, a case against him/her in respect of any criminal offence is under investigation/trial; or

c. Where, he/she is charged with cruelty towards any student or other employee/s of the school; or

d. Where, he/she is charged with embezzlement; or

e. Where, he/she is charged with misbehaviour towards any parent, guardian, student or employee of the school, or an officer of the department; orSERIES – I No. 03 THE GAZETTE OF DNH & DD Page 32 f. Where, he/she is charged with the breach of any other provision of code of conduct.

(2) No order of suspension shall remain in force for more than six months unless the Managing Committee, for reasons to be recorded by it in writing, directs the continuation of the suspension beyond the period of six months; subject to sub-section (3) of section 11 of the Act.

77. Subsistence allowance - An employee under suspension shall, in relation to the period of suspension, be entitled to the payments as per the CCS (CCA) Rules, 1965, Fundamental Rules or any such rules or guidelines issued by the Central Government or U.T. Administration of Dadra & Nagar Haveli and Daman & Diu in this regard.

78. Penalties and Disciplinary Authorities - (1) The following penalties may, for good and sufficient reasons, including, breach of one or more of the provisions of the code of conduct, be imposed upon an employee of a recognised private school, whether aided or not, namely:

a. Minor Penalties:

i. Censure

ii. Recovery from pay, the whole or any part of any pecuniary loss caused to the school by negligence or breach of orders;

iii. Withholding of increment of pay not exceeding 3 (three) at a time;

b. Major penalties:

i. Reduction in rank

ii. Compulsory retirement

iii. Removal from service, which shall not be a disqualification for future employment in any other recognised private school;

iv. Dismissal from service which shall ordinarily be a disqualification for future employment in any recognised school or a government service;

(2) The Managing Committee shall be the disciplinary authority for all employees of a recognised private school, whether aided or not;

(3) In case of doubts regarding the interpretation, the penalties, their imposition, functioning of the disciplinary authority, etc., the detailed instructions and interpretations given by the Central Government or by the U.T. Administration of Dadra & Nagar Haveli and Daman & Diu in respect of government servants of corresponding status shall be followed.

79. Authority to impose penalties and/or to institute disciplinary proceedings - (1) The

Managing Committee being the disciplinary authority, shall be competent to impose any of the minor penalties prescribed under Rule 78 (1) (a) as per the procedure laid down in Rule 80.

(2) The disciplinary authority as specified under Rule 78, shall be competent to institute disciplinary proceedings as per the procedure laid down in the CCS (CCA) Rules, 1965, against any employee, for the imposition of any of the major penalties specified under Rule 78 (1) (b), but shall not be competentSERIES – I No. 03 THE GAZETTE OF DNH & DD Page 33 to impose any of the major penalties except with the prior approval of the Director of Education and subject to provisions of Section 22 of the Act.

(i) The chairman of the managing committee of the school as the convener and presiding officer;

(ii) The manager of the school concerned or a senior teacher of the school nominated by the managing committee;

(iii) A nominee of the Director of Education not below the rank of the Education Officer.

The Disciplinary Committee shall scrutinize the records of the inquiry report of the inquiry officer received from the disciplinary authority with his remarks, and arrive at its conclusion by majority stating clearly whether it agrees with the finding of the inquiry officer or not by giving reasons for non-agreement, if any. The Disciplinary Committee in its own discretion, before coming to a decision, may provide an opportunity to both the parties to explain their cases to the committee either orally or by written briefs but however, they will not be allowed to take assistance of a third party. In case the decision of the committee is not unanimous, the disagreeing member shall write his/her own decision separately:

80. Procedure for imposing minor penalty – No order imposing the minor penalty shall be made except after informing the employee in writing of the proposal to take action against him/her and the 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.

81. Procedure for imposing major penalty - (1) No order imposing on an employee any major penalty shall be made except after an inquiry as per the CCS (CCA) Rules, 1965.

(2) No order with regard to the imposition of a major penalty shall be made by the disciplinary authority except after the receipt of the approval of the Director of Education:

Provided that the Director of Education may, if found necessary, hear both the parties concerned, before granting/refusing his approval:

Provided further that where any of the major penalties have been imposed on any employee in violation of the provisions of the Act or the Rules made thereunder, and where, the same has been brought to the notice of the Director of Education, the Director of Education shall revoke the penalty imposed after giving reasonable opportunity to the disciplinary authority of showing cause against the proposed action and order that the employee be reinstated in service/and/or be restored in all respects, to his/her original position prior to the imposition of such penalty.

(3) Any employee of a recognised private school who is aggrieved by any order imposing on him/her the penalty of compulsory retirement or any major penalty may prefer an appeal to the Tribunal.

82. Payment of pay and allowances on reinstatement- (1) When an employee who has been dismissed, removed or compulsorily retired from services or reduced in rank or whose service isSERIES – I No. 03 THE GAZETTE OF DNH & DD Page 34 otherwise terminated, is re-instated or restored to his/her original rank or position as a result of appeal or the decision of the Director of Education under sub-rule (2) of Rule 81 or would have been re-instated or restored to his/her original rank but his retirement on superannuation while under suspension proceeding the dismissal, removal or compulsory retirement as the case may be, the disciplinary authority shall consider forthwith and make specific order.

a. With regard to the salary and allowances to be paid to the employee for the period of his/her absence from duty, including the period of suspension preceding his/her dismissal, removal or compulsory retirement, as the case may be; and

b. Whether or not the said period shall be treated as the period spent on duty.

(2) Where the employee who had been dismissed, removed or compulsorily retired from service has been exonerated, the employee shall be paid the full salary and allowances to which he/she would have been entitled had he not been dismissed, removed or compulsorily retired from service or suspended prior to such dismissal, removal or compulsory retirement from service as the case may be:

Provided that where the disciplinary authority is of opinion that the termination of the proceeding instituted against the employee had been delayed due to reason 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 proviso to sub- rule (2) shall not be less than the subsistence allowance and other admissible allowances.

CHAPTER IX

Conduct of Heads of Schools, Teachers and other Employees

83. Employees of recognised schools to be governed by the Code of Conduct. – Every employee

of a recognised school, whether aided or not, shall be governed by the Code of Conduct, as specified in this Chapter, and every such employee shall be liable to the disciplinary action, specified in Rule 78, for the breach of any provision of the Code of conduct:

Provided that in the case of an employee of an unaided minority school, the penalties for the breach of any provision of the Code of Conduct shall be such, as may be specified in the contract of service between the management of the school and the concerned employee.

84. Conduct and behaviour of teachers including Head of Schools - (1) The Code of Conduct for the teachers of the recognised schools, shall be as follows: -

a. No teacher shall-SERIES – I No. 03 THE GAZETTE OF DNH & DD Page 35 i. Knowingly or wilfully neglect his/her teaching and non-teaching duties assigned by the Head of the school, Management, the Director of Education or his/her representative and the Examination Board;

ii. Propagate through his teaching lessons or otherwise communal or sectarian outlook, or incite or allow any student to indulge in communal or sectarian activity;

iii. Discriminate against any student on the ground of caste, creed, language, place of origin, social and cultural background or any of them;

iv. Indulge in, or encourage, any form of malpractice connected with school or public examination or any other school activities;

v. Make any sustained neglect in correcting classwork or homework done by students or work related with school examination, absentee arrangement, remedial teaching, observation of school functions, sports, social gathering, etc.;

vi. While being present in the school, absent himself/herself (except with the previous permission of the head of the school) from the class which he/she is required to attend;

vii. Remain absent from the school without leave or without the previous permission of the head of the school:

Provided that where such absence without leave or without the previous permission of the head of the school is due to reasons beyond the control of the teacher, it shall not be deemed to be a breach of the Code of Conduct, if on return to duty, the teacher has applied for, with full justification in writing and obtained, ex post facto, the necessary sanction for the leave.

viii. Be intoxicated during school/duty hours

ix. Accept any job of a remunerative character from any source other than the school or give private tuition to any student or other person or engage himself/herself in any business;

x. prepare or publish any book or books, commonly known as keys, or assist, whether directly or indirectly in their publication;

xi. Engage himself as a selling agent or canvasser for any publishing firm or trader;

xii. Ask for or accept (except with the previous sanction of the Director of Education in the case of an aided school, or of the Managing Committee, in the case of an unaided school) any contribution, or otherwise associate himself/herself with the raising of any funds or make any other collections, whether in cash or in kind, in pursuance of any object whatsoever, except subscription from the members of any association of teachers;

xiii. Enter into any monetary transactions with any student or parent;

xiv. Accept, or permit any member of his family or any other person acting on his/her behalf to accept, any gift from any student, parent or any person with whom he/she has come into contact by virtue of his/her position in the school.

xv. Practice, or incite any student to practice casteism, communalism or untouchability;

xvi. Cause, or incite any other person to cause, any damage to school property;

xvii. Behave, encourage or incite any student, teacher or other employee to behave in a rowdy or disorderly manner in the school premises;

xviii. Be guilty of, or encourage, violence, or any conduct which involves moral turpitude;

xix. be guilty of misbehaviour or cruelty towards any parent, guardian, student, teacher or other employee of the school, or be guilty of misbehaviour by disobeying the instructions of the head of the school or departmental officers or of using indecent language while talking with superiors or corresponding with superiors, including the Department;

xx. Organize or attend any meeting during the school hours except where he/she is required, or permitted by the head of the school to do so;

b. Every teacher shall-

i. Be punctual in attendance and in respect of his/her classwork and also for any other work connected with the duties assigned to him/her by the head of the school; and he/she shall prepare his/her lessons and lesson notes well in advance and maintain the records for the verifications of the head of the school.

ii. Abide by the rules and regulations of the school and also show due respect to the constituted authority.

iii. Make representations to the higher authorities only through the Head of the school and the management.

(2) Nothing contained in sub-rule (1) shall be deemed to take away or abridge the right of a teacher, - (a) To appear at any examination to improve his/her qualifications with prior permission of the Management;

(b) To become, or to continue to be, a member of any literacy, scientific or professional organization;

(c) To make any representation for the redressed of any bonafide grievance, subject to the condition that such representation is not made in any rude or indecorous language;

(d) To organize or attend any meeting outside the school hours, subject to the condition that such meeting is held outside the school premises.

(3) The breach of any condition specified in sub-rule (1) shall be deemed to be a breach of the Code of Conduct.

Explanation: The provisions of Rules 83 and 84 shall also apply to the head of schools and in such cases the "Managing Committee" is deemed to have been substituted for the words "Head of the Schools" appearing in sub-rule (a) (i) (vi) (vii) (xix) and (b) (i) (iii) of Rule 84.

85. Code of Conduct for other employees – The code of conduct specified for teachers shall, so far as may be, apply to other employees of a recognised private school, including an unaided minority school, with special reference to their job requirements and functional duties assigned to them by the head of the school.

CHAPTER X

Additional Benefits

86. Every employee of a recognised private school, shall be entitled for additional benefits, namely:

Children's Education Allowance, Traveling Allowance and Daily Allowance or any such allowance specified by the Director of Education from time to time.

CHAPTER XI

Unaided Minority Schools

87. Recruitment. - (1) Recruitment of employees in each recognised unaided minority school shall be the same as specified in rule 59(1) & (2).

(2) The Selection Committee shall regulate its own procedure, and in case of any difference of opinion amongst the members of the Selection Committee on any matter, it shall be decided by the trust or society running the school.

(3) The appointment of every employee of a school shall be made by its Managing Committee.

(4) Where, any selection made by the Selection Committee is not acceptable to the Managing Committee of the school, the Managing Committee shall record its reasons for such non-acceptance and refer the matter to the trust or society running the school and the trust or society, as the case may be, shall decide the same.

88. Minimum Qualifications - The qualification for recruitment/promotion of the teaching and non- teaching staff of unaided minority school shall be the same as specified in Rule 63.

89. Contract of Service - (1) Every contract of service, referred to in sub-section (1) of section 17 of the Act shall be entered into in the form specified in the scheme of management before the employee is called upon to join his/her duties.

(2) A copy of the contract of service, referred to in sub-section (1) of section 17 of the Act, shall be forwarded to the Director of Education by the Managing Committee of the concerned unaided minority school, within thirty days from the date on which the contract is entered into.

(3) The Director of Education shall also cause the copies of contracts received by him/her to be preserved in such manner as he/she may specify.

(4) If on a scrutiny of the copies of contract received by him/her, the Director of Education is of opinion that the contract does not comply with the provisions of sub-section (3) of section 17 of the Act, he/she may draw the attention of the school concerned, to the deficiencies in the contract and require the school to modify the contract so as to bring it in conformity with the provisions of sub-section (3) of section 17 of the Act, and thereupon, the school shall take urgent steps for the rectification of the contract.

(5) When a contract has been rectified under sub-rule (4), a copy of the contract, as so rectified shall be forwarded to the Director of Education.

CHAPTER XII

Admission to and withdrawal from recognised schools.

90. Power of the Director of Education to regulate admissions in recognized schools. – The

Director of Education shall regulate admissions to recognised private schools.

91. Admission test not to be held by schools - No recognised private school shall hold any test for admission to any class except with the written prior permission of the Director of Education.

Provided that the admissions in the recognised Primary Teachers' Training Institute shall be as per the norms of the affiliating board.

92. Power of the Director of Education to regulate manner of admission - The Director of Education may specify the manner in which students shall be admitted in the recognised private school.

93. Admissions to be without any distinction - Admission of students in recognised private schools shall be made without any distinction of religion, race, caste, place of birth or any of them.

94. Manner of Admission - (1) No student shall be admitted to a recognised private school unless an application in the prescribed form signed by his/her parent or guardian, has been submitted to such school, and accompanied with an original school leaving certificate issued by the previous school attended. In case the original school leaving certificate issued by the previous school attended is not available during the admission process, the students may be admitted provisionally, subject to the submission of the same within 30 days or the time allowed by the head of the school (whichever is later).

(2) The parent or guardian shall state the exact date of birth of his/her child or ward in the application for admission, in case of first admission, and in case of subsequent admissions on transfer, the date of birth shall be taken from the school leaving certificate produced.

(3) All applications for admission to a recognised private school shall be kept in a separate file and shall be made a part of the permanent record of the school.

95. Admission to be made once a year - Admission shall ordinarily be made not later than 30th September every year or the date specified by the Central Government or by the U.T. Administration of Dadra & Nagar Haveli and Daman & Diu from time to time. Under special circumstances, the admission of the children/ward of the parents/guardian shall be allowed irrespective of any such closing date who have been transferred to the Union Territory of Dadra & Nagar Haveli and Daman & Diu.

96. Admission of failed students not to be refused – A student who fails at any school examination shall not, on that account, be refused for re-admission in the school or class by the school from which he/she had appeared at such examination.

97. Admission on transfer certificate - (1) No student who had previously attended any recognised school shall be admitted to any recognised private school unless he/she produces a transfer or school leaving certificate from the school which was last attended by him/her.

(2) Where a student seeks admission to a recognised private school on the basis of a school leaving certificate granted by a school in any State or Union Territory other than Union Territory of Dadra & Nagar Haveli and Daman & Diu, such certificate (except where such certificate has already been verified) be sent for verification and countersignature by the head of the school in which admission is sought, to the education authority of the district in which the school from which the transfer certificate was obtained is situated, in case the certificate is not already got countersigned by the guardian.

(3) If such school leaving certificate has not already been countersigned or verified by such authority, the student may be admitted provisionally, pending the verification of the certificate and his/her admission shall be confirmed only on the receipt of the verified certificate from the State or Union territory concerned.

98. When migrant students may be admitted to higher class - A student coming from another recognized school shall not be admitted to a class higher than the one in which he/she was studying at his/her former school unless the transfer certificate states that he/she has been promoted to the next higher class.

99. Parent or guardian to submit an affidavit - Where a candidate who had not previously attended any recognized school or who does not have such certificate/document of last school attended and applies for admission in any higher class up to Class VIII of a recognized school, the parent or guardian or such pupil shall give full history of the previous education of such candidate and/or furnish an affidavit on a non-judicial stamp paper duly attested to this effect stating the exact date of birth of such pupil for admission in age appropriate class.

100. Regulation of admission to class IX - No student shall be admitted to Class IX unless he/she has passed Class VIII of a school.

101. Admission of pupils without leaving certificate from the last school attended - If an applicant

states that a leaving certificate from the last school attended has been refused to him/her the head of the new school, will intimate to the head of the former school that the pupil seeks admission to his/her school and if within ten days he/she receives no satisfactory explanation of the omission to give a leaving certificate, he/she will be entitled to admit the pupil and report the circumstances immediately to the Director of Education, who will inquire into the case.

102. Entry on the Rolls - A newly admitted student shall have his/her name entered on the rolls of the school on the date on which he/she has first attended his/her class.

103. Entry in the General Register – A pupil's name should not be entered on the General Register until the requisite documents are submitted and he/she is formally admitted.

104. Admission from Other Countries - Pupils from other countries should not be admitted unless the headmaster satisfies himself/herself by referring to appropriate authorities and the pupils possess the appropriate kind of visa covering the entire period of the course they want to study in this Union territory. Such pupils shall also be subjected to a test before they are admitted and should produce the leaving certificate or other similar documents showing the stage of his/her study there, duly countersigned by the educational authorities of that country.

Provided that orders/instructions of affiliating board or Central Government shall also be followed in this regard.

105. Scrutiny of Leaving Certificate – If, in a leaving certificate the head of a school suspects any unauthorized addition or alteration before or after a pupil is admitted, the fact should be immediately reported to the Director of Education, and if the pupil has not already been admitted, he/she should not be given admission until a reply is received. If such a pupil has already been admitted and the case is reported to the Director of Education, till decision has been received from the authority, the pupil should be provisionally allowed to appear for the annual examination. However, his/her result should not be declared without getting specific orders from the Director of Education in the matter.

106. Application for Leaving Certificate - Every application for a leaving certificate shall be made in person or in writing by the parent or guardian or the candidate, if major. Leaving certificate shall be issued without unnecessary delay, within a week at the latest.

Provided that no fee in any circumstances, shall be charged for a leaving certificate.

107. Refusal to Issue a Leaving Certificate - The only ground on which a leaving certificate may be refused is (i) non-payment of fees due, if any or (ii) rustication by the Director of Education. In the caseSERIES – I No. 03 THE GAZETTE OF DNH & DD Page 41 of rustication, no leaving certificate shall be issued until the expiry of the period for which the Director of Education has debarred the pupil from admission to a recognised school.

108. Validity of a Leaving Certificate - No leaving certificate is valid unless it is in the form prescribed by the Director of Education and is signed by the head of the school himself/herself.

109. Entry of Birth Date in the Leaving Certificate - Entries regarding the date of birth according to the Christian Era and the standard in which studying in appropriate columns of the Leaving Certificate, shall be made both in figures and in words.

110. Entry of Examination Results in the Leaving Certificate - A note to the effect that a pupil has been promoted or detained shall be entered in the 'Remarks' column of the leaving certificate.

111. Power to issue departmental instructions - The Director of Education may issue instructions with regard to any matter, not covered in this chapter, relating to admissions to recognised private schools.

CHAPTER XIII

School Fees and Funds

112. Trust or society not to collect donation, contribution etc. from students – (1) No donation,

contribution or other charge shall be collected from any student by the trust or society running any recognised school, whether aided or not.

(2) Every authorised fee, contribution or other charge collected from any student by a recognised school, whether aided or not, shall be collected in its own name and a proper receipt shall be granted by the school for every collection made by it.

113. School fund to be maintained - Every school fund shall be kept deposited in a nationalized bank or a scheduled bank in the name of the school.

114. Withdrawal from School Fund - Withdrawals from the school fund or recognised unaided school fund, as the case may be, shall be made jointly by the head of school and the manager of such school, or jointly by the head of the school and by any duly authorised member of the managing committee, where the head of the school is also the manager of the school.

115. Accounts of the school to be maintained - The accounts with regard to the school fund or the recognised unaided school fund, as the case may be, shall be so maintained as to exhibit, clearly the income accruing to the school by way of fees, income from building rent, interest, development fees, collections for specific purposes, donations, contributions to Pupils' Fund and other miscellaneous receipts and also, in the case of aided schools, the aid received from the Administrator.

116. Collections for specific purposes to be spent for that purpose - Income derived from collections for specific purposes shall be spent only for such purpose.

117. Aided schools to keep accounts of all income - (1) Every aided school shall keep accounts of income from all sources and of all expenditure in the form in which such accounts are maintained immediately before the commencement of these rules.

(2) The accounts of the school shall be open to inspection by the auditors and inspecting officers authorised by the Director of Education.

118. Unaided recognised schools to submit returns - (1) Every unaided recognised private school shall submit audit report and returns & documents in accordance with the instruction issued by the Director of Education from time to time.

(2) Every such report or documents referred to in sub-rule (1) shall be submitted to the Director of Education by 31st day of July of each year.

(3) The accounts and other records maintained by an unaided private school shall be subject to examination by the auditors and inspecting officers authorised by the Director of Education in this behalf.

119. Pupils' Fund - (1) Unless the Administrator, by notification, otherwise directs, every aided school can maintain Pupils' Fund by charging each student an amount specified by the Director of Education from time to time.

(2) 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 co-curricular activities of the school or for such other purposes as may be specified by the Director of Education.

120. Pupils' Fund Advisory committee - (1) The administration and expenditure of the Pupils' Fund in all aided schools shall vest in the hands of head of the school, who shall be assisted and advised by a committee, to be called "Pupils' Fund Advisory Committee".

(2) The Pupils' Fund Advisory Committee shall consist of;

(a) the head of the school;

(b) at least two teachers employed in the school; and

(c) two student representatives from the secondary classes or the higher secondary classes, as the case may be.

(3) The minutes of the Pupils' Fund Advisory Committee meetings shall be liable for inspection by the Director of Education or any officer authorised by him/her in this behalf.

(4) The function of the Pupils' Fund Advisory Committee shall be-

(a) to discuss and pass budget for expenditure from the funds;

(b) to deal with all other matters relating to the proper utilization of the Pupils' fund.

CHAPTER XIV

Fees and other charges in recognised private schools

121. Admission and tuition fees – No admission and/or tuition fees shall be charged or collected by a recognised aided school up to Classes XII.

Provided that every recognised unaided school shall determine its fee structure for different classes/grades/school levels commensurate to, inter alia, its facilities, operational expenses, infrastructure and generation of reasonable surplus to be utilised for educational purposes as per the orders of Director of Education from time to time.

Provided further that the procedure for collecting fees in a recognised unaided school shall be open, transparent and accountable. The fees shall be collected from the students through cheque/demand draft/RTGS/NEFT/any other digital mode of payment.

122. Donations not to be levied - No recognised private school shall levy or collect any donation from any student or any parent or guardian, directly or indirectly.

CHAPTER XV

Other duties and responsibilities of managers and Managing Committees of schools

123. Managing Committee how to run schools - Every Managing Committee shall run the school managed by it in the best interests of education of children and for the better organization and development of school education in the Union territory of Dadra Nagar Haveli and Daman & Diu.

124. Managing Committee to not create adverse situations - Every Managing Committee shall allow a school managed by it to function normally and smoothly and shall not cause any situation by which or due to which, the normal and smooth functioning of the school may be hampered nor shall it interfere in the day-to-day affairs of the school.

125. Managing Committee to comply with the rules regarding recognition of schools, receipt and

utilization of the aid etc. - Every Managing Committee shall comply with the provisions of the ActSERIES – I No. 03 THE GAZETTE OF DNH & DD Page 44 and these rules with regard to the recognition of the schools and shall also comply with the provisions of these rules with regard to the receipt and utilization of the aid and shall maintain in accordance with these rules, proper accounts of all fees and contributions received by it.

126. Managing Committee to offer facilities for inspection - Every Managing Committee shall provide all reasonable facilities for the inspection of the school and also for the inspection of its account books, registers and other documents required by these rules to be maintained by such schools.

127. Managing committee to not act adversely to the interests of the school - The Managing Committee shall not conduct the affairs of the school in such a way as to adversely affect the interests of the school.

CHAPTER XVI

Terms of office of the members of the advisory board and travelling and other allowances

admissible to them.

128. Term of office - (1) Every member of the Advisory Board shall hold office for a period of three years from the date on which he/she is nominated by the Administrator and shall be eligible for re- nomination for a like period and shall, notwithstanding the expiry of the term of his/her office, continue to hold such office, unless his/her successor is nominated by the Administrator.

(2) Subject to the provisions of section 24 of the Act, no member of the advisory board shall hold office consequently for more than two terms.

129. Resignation - (1) A member of the advisory board may by giving notice in writing to the Administrator, resign his membership of the board.

(2) A resignation shall take effect from the date of communication to the member concerned of its acceptance or on the expiry of thirty days from the date of resignation, whichever is earlier.

130. Vacancy in the office of a member - (1) a member of the advisory board shall be deemed to have vacated his/her office:

(a) if he/she is of unsound mind and stands so declared by a competent court;

(b) if he/she is an undischarged insolvent;

(c) if he/she is convicted of an offence which in the opinion of the Administrator, involves moral turpitude;

(d) if he/she does not attend three consecutive meetings of the advisory board without obtaining leave of absence from the Administrator; orSERIES – I No. 03 THE GAZETTE OF DNH & DD Page 45 (e) if he/she ceases to have the status on the basis of which he was nominated by the Administrator.

(2) any vacancy in the membership of the advisory board whether caused by resignation or by any of the reasons specified in sub-rule (1) or by death shall be filled by nomination and the person so nominated, shall hold office for the remainder of the terms of office of the member in whose place he/she is nominated.

(3) The advisory board shall be functioning notwithstanding any vacancy in the membership thereof.

131. Travelling and other allowances - The members of the advisory board shall be entitled to such travelling and daily allowances as are admissible to non-official members of the committees, boards or the like in accordance with the orders issued by the Central Government from time to time and shall not be entitled to any other remuneration.

CHAPTER XVII

Inspection of schools

132. Inspection and supervision of schools - (1) The Director of Education or any authorised officer shall be responsible for the supervision and inspection of all recognised schools, whether aided or not.

(2) For the purpose of sub-rule (1), the Director of Education may assign all or any of his/her functions relating to supervision and inspection to such officer's subordinate to him/her, and as may be authorised by him/her in this behalf.

(3) Every officer authorised by the Director of Education under sub-rule (2) shall discharge his/her powers of supervision and inspection under the direction, control and supervision of the Director of Education.

(4) The Director of Education may also form a team of panel of persons with special knowledge and experience of different subjects taught in schools, to carry out inspection of a school.

(5) The Director of Education may also carry out surprise inspection through any officer authorised by him/her in this behalf.

(7) Any defects or deficiencies noticed during the inspection shall be communicated to the head of the concerned school.

133. Advance notice of inspection to be given to schools - Except where a surprise visit is considered to be necessary, advance intimation of the proposal to carry out inspection of a school shall be given to the head of the school.

134. Manner in which the inspection shall be made - (1) Every inspection shall be objective as far as possible and shall be aimed at bringing about improvements in the standards of teaching in the school.

(2) In making the inspection the following items shall be critically examined, namely:

(a) Academic work, that is to say, actual teaching and its different aspects;

(b) PTR, teachers' qualifications, salaries, etc;

(c) Library and its service to students and teachers;

(d) Games and sports and their organization;

(e) Co-curricular activities;

(f) Records of PTA meetings;

(g) Administration of the school, observance of school timing, etc.

(h) Accounts of the school and their maintenance;

(i) Discipline, tone and tenor of the school;

(j) Observation by the school of the rules and instructions;

(k) Remedial teaching and special efforts made for the benefit of slow learners, etc. (3) The inspecting officer visits each class and observe the teaching in at least two classes and shall specifically note the matters specified in form No. V.

135. Number of schools to be inspected by Inspecting Officers in a year- The District Education Officers/Education Officers/BRCCs/CRCCs shall inspect/cause to inspect all the school in their charge every year.

136. Inspection report - The report of every inspection shall be made in Form No. V and shall contain information with regard to each matter specified in that form.

CHAPTER XVIII

Miscellaneous

137. Provisions of certain rules to apply to Government Schools - (1) The Provisions of these rules, in so far as they relate to the matters specified in sub-rule (2) shall also apply to government schools and to schools run by local authorities.

(2) The matters referred to in sub-rule (1) are -

(a) Regulation of Education; (Chapter II);

(b) Admissions to and withdrawal from recognised schools; (Chapter XII);

(c) Educational qualifications prescribed for teachers; (Rule 63);

(d) Code of conduct for teachers; (Rule 84 & 85);

(e) Inspection and supervision of schools; (Chapter XVII);

By order and in the name of the Administrator of U.T. of Dadra & Nagar Haveli and Daman & Diu.

Sd/– (Dr. Vivek Kumar) Special Secretary (Education) DNH ⅅSERIES – I No. 03 THE GAZETTE OF DNH & DD Page 48

Annexure-I

SCHEDULE

(See Rule 34)

NORMS AND STANDARDS FOR PRE-PRIMARY SCHOOLS

FORM I

(See Rule 30)

SELF-DECLARATION -CUM-APPLICATION FOR GRANT OF RECOGNITION

To The Director of Education, ……………………………. …………………………….

Sir/Madam,

I forward herewith a self-declaration regarding compliance with conditions for recognitions prescribed in the Dadra & Nagar Haveli and Daman & Diu School Education Rules, 2026 and an application in the prescribed proforma for the grant of recognition to ……………………………………. (name of the school) with effect from the commencement of the academic year ………………….

Yours faithfully,

Chairman of Managing Committee/ Manager/Authorized Person of the school Enclosure: Place : Date :

PROFORMA

Note:- School shall bound to furnish any other document as and when required by the department. Certified that the school undertakes to furnish such reports and information as may be required by the competent authority from time-to-time and complies with such instructions of the appropriate Government or competent authority as may be issued to secure the continued fulfillment of the condition of recognition or the removal of deficiencies in working of the School.

Certified that records of the school shall be open to inspection, by any officer authorized by competent authority or appropriate Government at any time, and the School shall furnish all such information as may be necessary to enable the Government of India or the Local Body or the Administration to discharge its obligations to Parliament/Panchayat/Municipal Corporation, as the case may be.

Certified that the school undertakes to follow the guidelines/orders/rules/acts issued by the Central Government or by the UT Administration of Dadra & Nagar Haveli and Daman & Diu from time to time.

Sd/- Chairman of Managing Committee/ Manager/Authorized Person of the school Place : Date :

FORM II

SELF-DECLARATION-CUM-APPLICATION FOR GRANT OF RECOGNITION OF PRE-

PRIMARY SCHOOL

[See Rule 33]

To The District Education Officer, (Name of the District)

Sir/Madam,

I forward herewith with a self-declaration regarding compliance with the conditions of recognition and norms and standards for a pre-primary school prescribed in the Dadra & Nagar Haveli and Daman & Diu School Education Rules, 2026 and an application in the prescribed proforma for the grant of recognition to ………………………………………………. (Name of the Pre-primary School) with effect from the commencement of the academic year ………………

Yours faithfully,

Chairman of the Managing Committee/Manager/Authorized Person of the school Enclosure Place…………….. Date……………..

Proforma

Certified that the Pre-primary school undertakes to furnish such reports and information as may be required by the competent authority from time-to-time and complies with such instructions of the appropriate Government or competent authority as may be issued to secure the continued fulfillment of the condition of recognition or the removal of deficiencies in working of the Pre-primary school.

Certified that records of the Pre-primary school shall be open to inspection, by any officer authorized by competent authority or appropriate Government at any time, and the Pre primary school shall furnish all such information as may be necessary to enable the Government of India or the Local Body or the Administration to discharge its obligations to Parliament/Panchayat/Municipal Corporation, as the case may be.

Certified that the Pre-primary school undertakes to follow the guidelines/orders/rules/acts issued by the Central Government or by the UT Administration of Dadra & Nagar Haveli and Daman & Diu from time to time.

Sd/- Chairman of Managing Committee/ Manager/Authorized Person of the school Place……………… Date………………

FORM III

(See Rule 45)

Form of application for Registration for Grant

Dated : Place : (Signature)

Chairman of Managing Committee/ Manager/Authorized Person of the schoolSERIES – I No. 03 THE GAZETTE OF DNH & DD Page 56

FORM IV

(See Rule 56)

Statement of Movable and immovable properties

Name and Address of the school :

Place : Date:

Chairman of Managing Committee/Manager of the school NOTE : School property includes the land, buildings, playgrounds and hostels of the school and the movable properties such as furniture, books, apparatus, maps and equipments pertaining to the school.

FORM V

(See Rule 136)

16. Staff (Additional sheet may be used if necessary) a. Staff : Teaching and Non-Teaching

b. Class wise and Subject wise allotment to each teacher:

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Published by : e-gazette, Department of Planning & Statistics, DNH & DD.