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The following Act of the Tamil Nadu Legislative Assembly received the assent of the

President on the 7th August 2019 and is hereby published for general information:-

ACT No. 35 of 2019.

An Act to provide for the regulation of recognized private schools in

the State of Tamil Nadu.

Be it enacted by the Legislative Assembly of the State of Tamil Nadu in

the Sixty-ninth Year of the Republic of India as follows:—

CHAPTER – I.

PRELIMINARY.

1. (1) This Act may be called the Tamil Nadu Private Schools

(Regulation) Act, 2018.

Short title, extent,

application and

commence-

ment.

(2) It extends to the whole of the State of Tamil Nadu.

(3) It applies to all private schools whether aided or unaided in the

State of Tamil Nadu.

(4) It shall come into force on such date as the Government may,

by notification, appoint.

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

Definitions.

(a) “academic year” means the period commencing on the first

day of June to the 31st day of May of the succeeding year or such other

period as may be specified by the respective Educational Boards;

(b) “affiliation” means formal enrolment of a school with the

respective Board of Examination for the purpose of following approved

courses of studies and for preparing students according to the approved

courses for the examinations;

of the State funds to meet its expenses;

No. 334]

chennai, friday, august 16, 2019

Aadi 31, Vikari, Thiruvalluvar Aandu–2050

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

[Regd. No. TN/CCN/467/2012-14.

government of tamil nadu

[R. Dis. No. 197/2009.

2019

[Price: Rs. 8.00 Paise.

Part IV—Section 2

Tamil Nadu Acts and Ordinances

334-Ex-IV-2—1

334-Ex-IV-2—1a

334-Ex-IV-2—2

334-Ex-IV-2—2a

334-Ex-IV-2—3

334-Ex-IV-2—3a

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(d) “appellate authority” means any authority, officer or person

authorised by the Government to perform the functions of the appellate

authority under this Act;

(e) “The Code of Conduct” means the code of conduct formulated

by the Government;

(f) “competent authority” means any authority, officer or person

authorized by the Government to perform the functions and discharge the

duties of the competent authority under this Act for such area, for such

purposes or in relation to such classes of private schools, as may be

prescribed;

(g) “Director” means,—

(i) The Director of School Education in respect of all aided and

partly aided High and Higher Secondary Schools including Anglo-Indian

Schools;

(ii) The Director of Elementary Education in respect of all aided

and partly aided Primary Schools and Middle Schools;

(iii) The Director of Private Schools in respect of all self financing

Private Schools, affiliated to the State Board of School Education, Central

Board of Secondary Education, Indian Certificate of Secondary Education,

International Baccalaureate and such other boards;

(iv) The Director of State Council for Educational Research and

Training in respect of all Teacher Training Institutes imparting education or

training, whether receiving grant from the Government or not;

(h) “educational agency” means a Company registered under

section 8 of the Companies Act, 2013 or a Society registered under the

Societies Registration Act, 1860 or the Tamil Nadu Societies Registration

Act,1975 or a Trust created under the Indian Trusts Act, 1882 which has

established or proposes to establish a private school;

Central Act 18 of

2013.

Central Act XXI of

1860.

Tamil Nadu Act 27

of 1975.

Central Act 2 of

1882.

(i) “Government” means the State Government;

(j) “grant” means any sum of money paid as aid out of the State

funds to any private school;

(k) “minority school” means a private school of its choice

established and administered by any such minority whether based

on religion or language as has the right to do so under clause (1) of

Article 30 of the Constitution and so declared by the State Government or

by the National Commission for Minority Educational Institutions;

(l) “notification” means any notification issued by the Government

under this Act and published in the Tamil Nadu Government Gazette;

(m) “private school” means a Play School, Nursery and Primary,

Primary, Middle, High and Higher Secondary School or Teacher Training

Institute imparting education and training, whether receiving grant from

the Government or not, established and administered or maintained by an

educational agency and recognized by the competent authority under this

Act, but does not include a school or an institution,—

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(i) established and administered or maintained by the Central

Government or the State Government or any local authority; or

(ii) imparting religious instruction alone, but not any other

instruction;

(n) “prescribed” means prescribed by Rules made under this Act;

(o) “recognised school” means a private school recognised by the

competent authority under this Act;

(p) “recognition” means a formal certification granted by the

competent authority to run a school that conforms to the standards and

conditions laid down under this Act;

(q) “school committee” means the school committee constituted

under section 14;

(r) “secretary” means the secretary referred to in section 14;

(s) “staff” means and includes both teaching and non-teaching

employee of a private school.

CHAPTER – II.

PERMISSION AND REGISTRATION TO ESTABLISH AND RECOGNITION

TO ADMINISTER PRIVATE SCHOOLS.

3. (1) No private school shall be established and administered

otherwise than in accordance with the provisions of this Act and the rules

made thereunder.

Power to

regulate school

education.

(2) The Government or any competent authority as may be

prescribed in this behalf, shall have power to,—

(a) regulate the different stages of education and courses of

instruction including curriculum, syllabus in private schools;

(b) permit an educational agency to establish and administer a

school in accordance with the conditions as may be prescribed;

(d) withdraw the recognition of any private school or impose

penalty or take criminal action against such private school if it contravenes

any of the provisions of this Act and the rules made thereunder;

(e) specify from time to time the norms or guidelines for safety

and security of the pupil;

(f) regulate the admissions, collection of fees and conduct of

examinations;

(g) prescribe the minimum qualification of the staff;

(h) proscribe certain books or published materials or electronic

materials that threaten the sovereignty, communal harmony and secular

nature of the Nation and that are found inappropriate as per the moral

and cultural standards of the Nation and have an undesired impact on the

psyche of the pupil by any private school;

(i) take such other action as may be deemed necessary and

expedient in the interest of the pupil and the school education.

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Private school

to obtain

permission.

4. No educational agency shall, without prior permission in writing

of the competent authority and except in accordance with the terms and

conditions specified in such permission, establish any private school.

Application for

permission.

5. Every application to the competent authority seeking permission to

establish a private school shall be in such form, accompanied by such fees

and such documents as may be prescribed.

Grant of

Permission.

6. On receipt of an application under section 5, the competent authority

shall,—

(a) after verifying the documents submitted along with the

application, take a decision either to grant permission or refuse to grant

permission and communicate its decision to the applicant adducing reasons

therefor, within a period of three months from the date of receipt of the

application:

Provided that the permission to establish the private school shall

not be refused unless the applicant has been given an opportunity of

making representation; and

(b) where permission to establish a private school is refused,

the applicant shall within thirty days from the date of receipt of such

communication, appeal to the appellate authority in such manner as may

be prescribed and the decision of the appellate authority thereon shall be

final.

Application for

certificate of

recognition.

7. (1) Every educational agency shall, within a period of three years

from the date of receipt of order of permission under section 6, apply to

the competent authority for issue of certificate of recognition in such form

accompanied by such fees and such documents as may be prescribed.

(2) Where no application for certificate of recognition is received

within the period specified in sub-section (1), the permission granted under

section 6, shall be deemed to have been lapsed on and from the date of

expiry of the period specified in sub-section (1).

Grant of certificate

of recognition.

8. (1) On receipt of an application for grant of certificate of recognition,

the competent authority may, inspect or cause to be inspected the site to

ensure that,—

(a) proper arrangements have been made for the maintenance of

academic standards in the school; and

(b) the provisions of this Act and the rules made thereunder have

been complied with, and issue the certificate recognising the private school

for the purposes of this Act, for such period, as may be prescribed.

(2) The competent authority shall, before passing orders on an

application for recognition under sub-section (1), also take into consideration

the following factors, namely:—

(a) the adequacy of the schools already existing in the locality;

(b) the need for the private school in the locality;

(d) the extent of the playground available to the pupil and the

adequacy of the playground with reference to the strength of the pupil in

the school;

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(e) the amenities available to the pupil and the teachers;

(f) the equipment, laboratory, library and other facilities for

instruction; and

(g) such other factors as may be prescribed.

(3) The certificate of recognition under sub-section (1) shall be

issued in such form and within such period as may be prescribed.

(4) If the competent authority is of the opinion that the application

for grant of certificate of recognition does not satisfy any of the provisions

of sub-sections (1) and (2), the competent authority shall refuse to grant

recognition and communicate its decision with reasons therefor to the

applicant within a period of three months from the date of receipt of the

application:

Provided that the grant of recognition shall not be refused unless

the applicant has been given an opportunity of making representation.

(5) Where recognition is refused by the competent authority,

the applicant shall within thirty days from the date of receipt of the order

of refusal to grant recognition, appeal to the appellate authority in such

manner as may be prescribed and the decision of the appellate authority

thereon shall be final.

(6) The application for renewal of certificate of recognition

issued under sub-section (3), shall be submitted within a period of three

months before the date of expiry of the period of recognition in such form

accompanied by such fees and such documents as may be prescribed.

The provisions in this section for grant of recognition shall mutatis-mutandis

apply to such renewal of certificate of recognition.

(7) No child shall be admitted in any school which has not been

granted with the certificate of recognition or renewal of certificate of

recognition, as the case may be.

9. No educational agency, shall without getting certificate of recognition

of the competent authority under section 8, apply for affiliation to the State

Board of School Education or any other Board.

Affiliation.

10. The competent authority may, at any time, for reasons to be

recorded in writing, by an order withdraw permanently the recognition of

any private school, which does not comply with any of the provisions of

this Act, or the rules or the directions issued thereunder in so far as such

provisions of this Act, the rules or directions are applicable to such private

school:

Withdrawal of

recognition by

the Competent

Authority.

Provided that no order of withdrawal of recognition under this

section, shall be passed by the competent authority unless the educational

agency has been given an opportunity of making representation:

Provided further that the order of withdrawal of recognition under

this section, if made during the course of an academic year, such order

shall take effect only at the end of the academic year:

Provided also that no order of withdrawal of recognition under this

section, shall be made without making necessary arrangements for the

continuance of the instruction of the pupil of that private school in any other

recognised school.

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Effect of

withdrawal of

recognition.

11. Consequent on withdrawal of recognition, the educational agency

of such school shall,—

(a) cease to run the school;

(b) in so far as aided school is concerned, hand over all the

movable and immovable properties such as land, buildings and any other

material which were provided or funded by the Government; and

a period of one month from the date of withdrawal of the recognition to the

officer authorized by the competent authority in this behalf.

CHAPTER – III.

EDUCATIONAL AGENCY AND SCHOOL COMMITTEE.

Educational

agency.

12. Where an educational agency of a private school, established

and maintained on or before the date of commencement of this Act, is an

individual or body of persons or any other entity, such individual or body of

persons or such entity shall, within a period of six months from the date of

commencement of this Act, form a Society registered under the Tamil Nadu

Societies Registration Act, 1975 or a Company registered under section 8

of the Companies Act, 2013 or a Trust under the Indian Trusts Act, 1882, to

look after the affairs of the educational agency and thereafter such Society

or Company or Trust alone shall be treated as educational agency for the

purposes of this Act.

Tamil Nadu Act 27

of 1975.

Central Act 18 of

2013.

Central Act 2 of

1882.

Change in the

constitution of

Educational

Agency or

transfer of

Educational

Agency.

13. (1) (a) Whenever there is any change in the constitution of an

educational agency or amendment to the bye laws or memorandum of

association of the educational agency shall submit all relevant documents

relating to all such changes or amendments to the competent authority

within fifteen days therefrom;

(b) Whenever an educational agency of any private school

proposes to transfer the management of the school to another educational

agency having similar objectives, such educational agency should apply to

the competent authority for necessary approval;

accompanied by such documents as may be prescribed.

(2) On receipt of an application under clause (b) of sub-section

(1), the competent authority shall, after making such inquiry, as it deems fit,

and if it is satisfied that the educational agency of the transferee school will

maintain and manage the private school so transferred in accordance with

the provisions of this Act, or the rules or the directions issued thereunder,

approve the transfer, subject to such conditions as it may impose and

communicate its decision to the applicant within a period of one month

from the date of receipt of such application.

Constitution

of School

Committee.

14. (1) Every educational agency of a private school shall constitute a

school committee as may be prescribed:

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Provided that where an educational agency has established and is

administering or maintaining more than one private school, such educational

agency may, with the prior permission of the competent authority, have a

common school committee.

(2) The school committee shall meet at such times and places and

shall observe such rules of procedure as may be prescribed in regard to

transaction of business at its meetings:

Provided that the school committee shall meet at least once in

every three months.

(3) The school committee shall, subject to the provisions of this Act

and the rules made thereunder, perform the following functions, namely:–

(a) carry on the general administration of the private school;

(b) appoint staff of the private school, fix their pay and

allowances and define their duties and the conditions of their service; and

school.

(4) Every school committee shall have a secretary who shall be

appointed by the educational agency and shall exercise such powers and

perform such functions as may be prescribed.

15. (1) For the purposes of this Act, any decision or action taken by the

school committee in respect of any matter over which the school committee

has jurisdiction shall be deemed to be the decision or action taken by the

educational agency.

Responsibility of

the Educational

Agency.

(2) Where the competent authority is satisfied that the secretary

or any member of the school committee of a private school is responsible

for any lapse or irregularities in managing the affairs of the school, the

educational agency shall take such action against the person concerned

as it may deem fit.

(3) The competent authority may, for reasons to be recorded in

writing, by an order declare the secretary or any member of the school

committee as unfit to hold the office and direct the educational agency to

remove the secretary or such member of the school committee, as the case

may be:

Provided that no order under this sub-section shall be made,

unless the person holding the office of the secretary or any member of the

school committee, as the case may be, is given an opportunity of making

representation.

(4) On receipt of a direction from the competent authority under

sub-section (3), the educational agency shall, notwithstanding anything

contrary to the rules or the code of conduct, remove forthwith the person

concerned from the office of the secretary or the member of the school

committee and appoint any other eligible person in his place.

(5) Notwithstanding anything contained in sub-section (4), and

without prejudice to the provisions contained in section 31, if the educational

agency disobeys or wilfully fails to comply with any direction issued under

sub-section (3), the competent authority may, by order in writing, remove

forthwith such person from the office of the secretary or the member of the

school committee of that private school.

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CHAPTER – IV.

SPECIAL PROVISIONS FOR MINORITY PRIVATE SCHOOLS.

Right to establish

a minority

private school.

16. (1) Any educational agency belonging to religious or linguistic

minority shall have the right to establish and administer a private school of

its choice primarily for the benefit of such minorities.

(2) Every such educational agency claiming minority status for a

private school shall apply to the Government in such form along with such

documents as may be prescribed.

(3) On receipt of the application under sub-section (2), the

Government after verifying the documents submitted by the applicant and

after affording the applicant an opportunity of being heard, if need be, shall

decide whether or not to grant or continue minority status to the private

school within such time as may be prescribed.

Status of a

minority school

on transfer

to other

educational

agency.

17. The minority status of a private school shall be retained only where

the management of such private school has been transferred to another

educational agency of the same minority with the prior approval of the

Government.

Appointment of

Special Officer

to a minority

school.

18. Where the management of any minority school is suspended

under sub-section (1) of section 31, the competent authority shall appoint

a person belonging to that minority as the Special Officer which has

been administering the said minority school, immediately preceding such

suspension.

Exemption

of minority

schools.

19. The Government shall have the power to exempt minority schools

from such provisions of this Act or the rules or orders issued thereunder

which may impinge upon the minority character of such minority schools.

CHAPTER – V.

CONTROL OF PRIVATE SCHOOLS.

Safety and

security of the

pupil.

20. (1) Every educational agency shall take all possible measures to

ensure the safety and security of the pupil including protection from mental

harassment or physical injury or sexual abuse.

(2) Every educational agency shall ensure that the conditions as

prescribed or any specific direction as may be issued by the Government

or any competent authority as authorised by the Government, pertaining to

safety and security of the pupil are strictly complied with.

Ensuring quality

education.

21. (1) Every private school shall strictly adhere to the curriculum,

syllabus, learning outcomes and the guidelines prescribed for various

stages of education in conformity with the respective board of affiliation.

(2) Every private school shall ensure that there is a judicious mix

of curricular, co-curricular and extracurricular activities.

(3) Every private school shall follow the pattern of evaluation as

prescribed by the Board concerned for various stages of education.

Conduct of

Examinations

and Valuation of

answer sheets.

22. (1) Every private school shall place its building, furniture and other

infrastructure at the disposal of the board authorities for the conduct of

any board examinations and valuation of answer sheets, free of charge on

specific requisition by the authorities concerned.

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(2) Every private school shall depute its teachers on duty for the

conduct of any board examinations and valuation of answer sheets on

specific requisition by the authorities concerned.

(3) No private school shall prevent any pupil on its roll from

appearing for any board examinations on account of poor academic

performance.

(4) Every private school shall abide by the conditions as may be

prescribed to prevent unhealthy competition among the private schools.

23. Every private school shall, atleast thirty days prior to the

commencement of admission in each academic year, publish on its notice

board, website, if any, or in any other form, general information concerning

the school as may be prescribed.

Disclosures to

be made by

private schools

at the time of

admission.

24. Every private school shall constitute a Parent-Teacher Association

in such manner and to perform such functions as may be prescribed, to

encourage participation of the parents in improving the quality of education

and learning environment.

Parent – Teacher

Association.

25. (1) Every private school shall furnish any information sought for

by any person or authority as authorised by the Government, particularly

during the conduct of census or election or any survey including the National

Achievement Survey or the State Level Learning Survey.

Furnishing of

information

to authorised

person or

authority and

deployment of

staff.

(2) Every private school shall also deploy its staff for carrying out

the work of census or election or any survey, if required.

Tamil Nadu Act 22

of 2009.

26. No private school shall collect any other charge or receive any

other payment by whatever name called, except the fee fixed by the Fee

Determination Committee constituted under the Tamil Nadu Schools

(Regulation of Collection of Fee) Act, 2009.

Fees.

27. All the money collected, grants received and other property held by

or on behalf of a private school shall be utilized for the purposes for which

they are intended and shall be accounted for by the educational agency in

such manner, as may be prescribed.

Utilisation of funds

and property of

private school.

28. (1) The competent authority shall have the right to cause an

inspection of any private school by such person authorised in this behalf.

Inspection and

Inquiry.

(2) The competent authority may also cause an inquiry to be

conducted in respect of any matter, connected with the affairs of the private

school, wherever such inquiry is considered necessary.

(3) The competent authority shall communicate to the school

committee, the views of the authority with reference to the results of such

inspection or inquiry and the action to be taken thereon.

(4) The school committee shall report to the competent authority,

the action taken if any, or proposed to be taken on the findings of such

inspection or inquiry, within a period of two months.

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(5) Where the school committee fails to take action within the

period specified under sub-section (4), to the satisfaction of the competent

authority, the competent authority may, after considering the explanation

furnished or the representation made, issue such directions as that authority

may deem fit and the school shall comply forthwith such directions.

29. (1) No private school or class or course or medium of instruction

started in the private school shall be closed without obtaining the prior

approval of the competent authority and without making such arrangements

as may be prescribed for the continuance of the instruction of the pupil of

that private school or class or course or medium of instruction, as the case

may be.

Closure of private

school or class

or course.

(2) No prior approval under sub-section (1), shall be granted by

the competent authority unless the educational agency in writing has given

a prior notice to the competent authority in an academic year within such

period, in such form and in such manner as may be prescribed.

(3) On receipt of the notice under sub-section (2), and after

considering the same,—

(a) the competent authority may either grant prior approval for

the closure of the private school or class or course or medium of instruction,

as the case may be, subject to such conditions as it may impose; or

(b) if the competent authority notices that,—

(i) the notice given under sub-section (2) is defective; or

(ii) no arrangement has been made as required under

sub-section (1), for the continuance of the instruction of the pupil of that

private school or class or course or medium of instruction, as the case may

be, for the period of study for which the pupil have been admitted; or

(iii) the reasons given for the closure of the private school

or class or course or medium of instruction, as the case may be, are directly

attributable to the mismanagement or maladministration on the part of the

educational agency; or

(iv) the reason adduced for the closure of the private

school or class or course or medium of instruction, as the case may be, is

lack of finance even though factually the educational agency has adequate

financial resources; or

(v) the reasons given for the closure of the private school

or class or course or medium of instruction, as the case may be, are not

bonafide; or

(vi) the closure of the private school or class or course

or medium of instruction, as the case may be, shall adversely affect the

educational opportunity available to the pupil of the local area in which that

private school is situated,

it may by an order in writing, refuse to grant prior approval for the

closure of the private school or class or course or medium of instruction, as

the case may be, adducing reasons therefor:

Provided that the competent authority shall not refuse to grant prior

approval unless the educational agency has been given an opportunity of

making representation in this behalf.

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(4) (a) The competent authority shall communicate its decision on

the notice given under sub-section (2) as expeditiously as possible and in

any case not later than three months from the date of receipt of the notice;

(b) Where the competent authority refuses to grant prior

approval for the closure of the private school or class or course or medium

of instruction, as the case may be, the educational agency shall continue

to run the private school or class or course or medium of instruction, as the

case may be;

closure of the private school or class or course or medium of instruction, as

the case may be, during the course of an academic year, such closure shall

take effect only after the expiry of the said academic year. The recognition

of such private school shall be deemed to have been lapsed with effect

from the date of approval for the closure of the private school.

30. (1) No educational agency shall, except with the prior permission in

writing of the competent authority, transfer the property of a private school

by way of sale, exchange, mortgage, charge, pledge, lease, gift or in any

other manner whatsoever.

Restriction on

alienation of

property of

private school.

(2) The competent authority may, on receipt of an application for

such transfer, if it is satisfied that such transfer is for the furtherance of

the object of the private school and that the proceeds resulting from such

transfer are to be wholly utilized in furtherance of the said object, grant prior

permission:

Provided that no permission applied for under sub-section (1)

shall be refused by the competent authority unless the applicant has been

given an opportunity of making representation.

(3) (a) The competent authority shall pass an order, either

granting permission or refusing to grant permission, within a period of sixty

days from the date of receipt of the application;

(b) The competent authority when granting such permission,

may impose such conditions as it may deem fit.

(4) Any transaction made in contravention of sub-section (1)

shall be null and void.

CHAPTER – VI.

APPOINTMENT OF SPECIAL OFFICERS IN CERTAIN CIRCUMSTANCES.

31. (1) Where the competent authority is of the opinion that the school

committee of any private school,—

Appointment of

Special Officer

in certain

circumstances.

(a) is responsible for the maladministration, misappropriation

of funds and properties or lapses or irregularities, in such private school; or

(b) has wilfully failed to prevent unlawful activities in such

private school or has been engaged in such activities affecting the security,

sovereignty or integrity of the State or has given protection or aid to any

group or organisation banned by the Government; or

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on or to perform any of the functions entrusted to such school committee

by or under this Act, or any rule or order made thereunder, the competent

authority shall, after giving such school committee an opportunity of

making representation, for reasons to be recorded in writing, by an order

suspend the school committee and appoint a person as special officer till

the reconstitution of the school committee, in the interest of the pupil. The

competent authority may also suspend the financial powers of the office

bearers as an immediate measure, if it is deemed necessary.

(2) Where the appointment of a special officer is pending

consideration of the Government, the competent authority may resort to

direct payment.

(3) Where a special officer is appointed under sub-section (1),—

(a) the school committee shall cease to discharge the duties

imposed on and to perform the functions entrusted to it; and

(b) the special officer shall take all such steps as may be

necessary to efficiently manage and run the school in accordance with any

law applicable to the private school in so far as such law is not inconsistent

with this Act.

Explanation.— For the purposes of this section, the expression “law”

includes any bye-law, rules, regulations, or instrument having the force of

law.

CHAPTER – VII.

APPOINTMENT OF STAFF AND THEIR CONDITIONS OF SERVICE.

Appointment of

staff of schools

and their

conditions of

service.

32. (1) Subject to the provisions of this Act and the rules made

thereunder, the school committee of a private school may appoint such

staff as may be considered necessary for the efficient functioning of the

school.

(2) The qualifications and the strength of the staff of the private

school shall be such as may be prescribed:

Provided that the qualifications prescribed under this sub-section

shall not apply to any person who, on or before the date of commencement

of this Act has been employed in any private school whose appointment

has been made in accordance with the qualifications in vogue at the time of

such appointment.

(3) The salary and allowances shall be truly reflected in the

expenditure statement towards salary and other allowances of the staff

submitted by such school to the Fee Determination Committee constituted

under the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009.

Tamil Nadu Act 22

of 2009.

(4) The pay and allowances of the staff of every private school

shall be paid on or before such date of every month and in such manner as

may be prescribed.

(5) Every private school shall enter into an agreement with its staff

with regard to the terms and conditions of service as may be prescribed:

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Provided that, where no agreement of service has been entered

into with the staff already in service on the date of commencement of this

Act, such agreement of service shall be executed within a period of six

months from the date of commencement of this Act.

33. No person who does not possess the minimum qualifications as

prescribed under sub-section (2) of section 32 shall be appointed in any

private school.

Minimum

qualifications for

appointment of

staff in private

schools.

34. Every staff of a private school shall be governed by such Code of

Conduct as may be formulated by the Government.

Staff of private

school to be

governed

by Code of

Conduct.

35. (1) The Government may prescribe the mode of appointment, cadre

strength and conditions of service including promotion, pay, allowances,

leave, pension, gratuity, provident fund, insurance and disciplinary matters

of the staff of any school which is receiving aid from the Government.

Terms and

Conditions of

staff of private

aided schools.

(2) No process of recruitment of teaching and non teaching staff

of any aided school shall be initiated without the prior permission of the

competent authority.

CHAPTER – VIII.

PAYMENT OF GRANT TO AIDED SCHOOLS.

36. (1) The Government may, subject to such conditions as may

be prescribed, continue to pay grant to the private school which has

been already receiving grant from the Government, before the date of

commencement of the academic year 1991-1992 at such rate and for such

purposes as may be prescribed.

Payment of grant.

Explanation.— For the purposes of this sub-section, private school

which has been receiving grant from the Government shall also include a

private school receiving grant from the Government only in respect of any

class or course or medium of instruction, as the case may be.

(2) The Government may withhold permanently or for any

specified period, the whole or part of any grant referred to in sub-section

(1) in respect of any private school,—

(a) which does not comply with any of the provisions of this

Act or the rules made or directions issued thereunder in so far as such

provisions, rules or directions are applicable to such private school; or

(b) in regard of which the pay and allowances payable to any

teacher or other person employed in such private school are not paid to

such teacher or other person in accordance with the provisions of this Act

or the rules made thereunder; or

condition as may be prescribed:

Provided that before issuing an order withholding the grant under

this sub-section, the competent authority shall give the educational agency

an opportunity of making representation.

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Prohibition of

payment of

grant to new

private schools,

class or course

or medium of

instruction.

37. Notwithstanding anything contained in this Act or in any other law

for the time being in force or in any judgment, decree or order of any court

or other authority, no grant shall be payable to,—

(a) any private school established and any class, or course or

medium of instruction opened in such private school, on or after the date of

commencement of the academic year 1991 – 1992;

(b) any private school in existence on the date of commencement

of the academic year 1991 – 1992 to which no grant has been paid by the

Government immediately before the date of such commencement;

in existence on the date of commencement of the academic year 1991 –

1992 to which no grant has been paid by the Government immediately

before the date of such commencement; and

(d) any class or course or medium of instruction opened on or

after the date of commencement of the academic year 1991 – 1992 in a

private school in existence on the date of such commencement.

Explanation.—For the purposes of this section, private school includes

a minority school.

Absorption of staff

on retrenchment

in private aided

schools.

38. Where any retrenchment of any teacher or other person employed

in any private school is rendered necessary consequent on any order of the

Government relating to education or course of instruction or to any other

matter or consequent on the reduction in strength of the pupil studying in

any such private school, it shall be competent for the Government or the

school committee of any private school, to appoint such teacher or other

person in any school or institution maintained by the Government or in such

private school, as the case may be.

Explanation.—For the purposes of this section, the fixation of strength

of the staff of any aided school shall be done following the norms as may be

specified by the Government from time to time.

Penalty for

not giving

information or

giving false

information.

39. If any person who is required by any authority under any of

the provisions of this Act or the rules made thereunder to furnish any

information, wilfully fails to furnish such information or knowingly furnishes

false information, he shall be punishable with fine which may extend to ten

thousand rupees.

Penalty for acting

in contravention

of any of the

provisions of

this Act.

40. (1) Any person who wilfully contravenes, or attempts to contravene,

or knowingly abets the contravention of any of the provisions of this Act

other than sections 8(7), 20(2), 22(3) and 22(4) or any of the rules made

thereunder, shall be punishable with fine which may extend to one lakh

rupee and in the case of a continuing contravention, an additional fine

which may extend to ten thousand rupees for each day during which such

contravention continues.

(2) Any person who wilfully fails to comply with the provisions of

sections 8(7), 20(2), 22(3) and 22(4) or any of the rules made thereunder,

shall be punishable with imprisonment for a term which may extend to one

year or with fine which may extend to five lakh rupees or with both.

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189

(3) Any person who wilfully obstructs any authority, officer or

person, from entering any private school in the exercise of any power

conferred on it or on him by or under this Act, or the rules made thereunder

or any direction issued by the appropriate authority under any law for the

time being in force, shall be punishable with imprisonment for a term which

may extend to three months, or with fine which may extend to one lakh

rupee, or with both.

CHAPTER – IX.

APPEAL AND REVISION.

41. Any person aggrieved by any order, decision or direction of the

competent authority made under any of the provisions of this Act, or the

rules made thereunder, may within a period of one month from the date of

receipt of such order, decision or direction, prefer an appeal to the appellate

authority as may be prescribed.

Appeal against

orders of

Competent

Authority.

42. (1) No appeal against any order, decision or direction of the

competent authority made under any of the provisions of this Act or the

rules made thereunder shall be entertained after the expiry of the period

specified under section 41.

Powers of the

Appellate

Authority and

disposal of

appeal.

(2) The appellate authority may at its discretion, allow further time

not exceeding one month for preferring the appeal under section 41, if it is

satisfied that the appellant had sufficient cause for not preferring the appeal

in time.

(3) The appellate authority may, pending the exercise of its powers,

pass such order as it deems fit.

(4) On receipt of any such appeal, the appellate authority shall,

after,—

(i) giving the parties an opportunity of making representation;

(ii) making, if necessary, such inquiry as it deems fit; and

(iii) considering all the circumstances of the case,

make such order as it deems just and equitable within a period of two

months from the date of receipt of the appeal.

43. (1) The Government may either suo-motu or on an application from

any person aggrieved, call for and examine the records of any authority

or officer in respect of any proceedings issued under this Act or the rules

made thereunder , to satisfy themselves as to the correctness, legality or

propriety of any order made or decision taken therein and if in any case,

it appears to the Government that any such order or decision should be

modified, annulled, reversed or remitted back for reconsideration, the

Government may pass orders accordingly.

Revision.

(2) No order prejudicial to any person shall be passed under

sub-section (1) unless such person has been given an opportunity of

making representation.

(3) The Government may, pending decision under sub-section (1),

pass such other order as they may deem fit.

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CHAPTER – X.

ACCOUNTS AND AUDIT.

Annual audit of

Accounts.

44. (1) Every private school shall maintain such accounts and records

in such manner as may be prescribed.

(2) (a) The accounts of every private school receiving aid as

grant shall be audited at the end of every financial year by such authority,

officer or person as may be prescribed;

(b) The authority, officer or person, prescribed under clause

(a) shall send a copy of the report on the audit of the accounts to the

competent authority which shall forward the same to the school committee

of the private school;

specified by the competent authority to rectify the defects, if any, disclosed

consequent on the audit or inspection and submit a report together with its

comments thereon to the competent authority within such time as may be

specified.

(3) In the case of private unaided school, the accounts should

be audited at least once in every year by the qualified auditors. The

management of the school has to furnish the audit report at the time of

making application for the renewal of recognition to the competent authority.

Furnishing of

returns, etc.

45. The school committee of every private school shall, within such

time, as may be specified by the competent authority in this behalf, furnish

to the competent authority such returns, statistics and other informations as

the competent authority may, from time to time, require.

CHAPTER – XI.

MISCELLANEOUS.

Recovery of any

amount due to

the Government

as arrears of

land revenue.

46. Any amount required to be paid to the Government due to non-

implementation of any scheme or misuse or non-utilisation of grants, may

be recovered from the person concerned as if it were an arrear of land

revenue under the provisions of the Tamil Nadu Revenue Recovery Act,

1864.

Tamil Nadu Act II

of 1864.

Powers of

Government to

give directions.

47. The Government may, subject to other provisions of this Act, direct

the competent authority to make such enquiry as they may deem fit. The

competent authority shall conduct the enquiry and report to the Government

the result of the enquiry within such period as may be prescribed.

Delegation of

powers.

48. The Government may, by notification, delegate all or any of the

powers vested in them under this Act or the rules made thereunder, except

those powers conferred upon them by sections 16, 17, 19, 34, 35, 43, 47,

49, 57, 58 and 60 to any officer or authority subject to such conditions and

to such control and revision by the Government or by such authority as may

be specified in the notification and in the like manner withdraw any power

so delegated.

Officer or authority

subordinate to

the Government

to perform the

functions of

the Competent

Authority.

49. The Government may, by notification, direct that any of the functions

of the competent authority under this Act or the rules made thereunder, shall

in relation to such matters and subject to such conditions, be performed

also by such officer or authority sub-ordinate to the Government, as may

be specified in the notification.

Tamil nadu government gazette extraordinary

191

Central Act XLV of

1860.

50. Every competent authority and every officer duly authorized by the

Government or the competent authority as the case may be, to discharge

any duty imposed on it or on him under this Act shall be deemed to be a

public servant within the meaning of section 21 of the Indian Penal Code.

Competent

Authority etc.,

to be public

servant.

51. (1) No Court inferior to that of a Metropolitan Magistrate or a Judicial

Magistrate shall take cognizance of any offence punishable under this Act.

Cognizance of

offences.

(2) No Court shall take cognizance of any offence punishable

under this Act except on a report in writing of the fact constituting such

offence made by an authority or officer authorized by the Government in

this behalf.

52. No Civil Court shall have jurisdiction to decide or deal with any

question which is by or under this Act required to be decided or dealt with

by any authority or officer mentioned in this Act.

Bar of jurisdiction

of Civil Courts.

53. Save as otherwise provided in this Act, the provisions of this Act

shall be in addition to, and not in derogation of, any other law for the time

being in force.

Operation of other

laws.

54. No suit, prosecution or other legal proceedings shall be instituted

against the Government or any officer, authority or person empowered

to exercise the powers or perform the functions by or under this Act for

anything which is in good faith done or intended to be done under this Act

or the rules or orders made thereunder.

Protection of acts

done in good

faith.

55. Any order made, decision taken or direction issued by any authority

or officer in respect of any matter to be determined for the purposes of this

Act, shall, subject only to appeal or revision if any, provided under this Act,

be final.

Finality of orders,

etc., passed

under this Act.

56. (1) Notwithstanding anything contained in section 52, whenever any

dispute as to the constitution of any educational agency, or as to whether

any person or body of persons, is an educational agency in relation to any

private school, or as to the constitution of a school committee, or as to the

appointment of the secretary of the school committee, arises, such dispute

may be referred by the persons interested or by the competent authority to

the civil court having jurisdiction, for its decision.

Settlement of

dispute as to

Educational

Agency, etc.

(2) Pending the decision of the civil court on a dispute referred to it

under sub-section (1), or the making of an interim arrangement by the civil

court for the running of the private school, the Government may nominate

an officer to discharge the functions of the educational agency, the school

committee or the secretary, as the case may be, in relation to the private

school concerned.

57. (1) The Government may make rules to carry out the purposes of

this Act.

Power to make

rules.

(2) In particular and without prejudice to the generality of the

foregoing power, such rules may provide for all or any of the following

matters, namely:—

(a) all matters expressly required or allowed by this Act to be

prescribed by, or specified in the rules;

(b) the form of applications under this Act and the particulars

which such application shall contain;

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(d) the giving of grants to private schools;

(e) the grant of permission under section 6;

(f) the admission of pupil in private schools including special

provision for the advancement of weaker section and disadvantaged group,

socially and educationally backward classes of citizens and the Scheduled

Castes and the Scheduled Tribes.

Explanation.— For the purposes of this clause, ‘Scheduled Castes’

and ‘Scheduled Tribes’ shall have the same meaning as in the Constitution;

(g) the manner in which accounts books, registers and

records shall be maintained in private schools and the authority responsible

for such maintenance;

(h) the submission of returns, statements, reports and

accounts by the educational agencies of private schools;

(i) the standards of education and teaching and courses of

instruction in private schools;

(j) the purposes for which the premises of the private school

may be used and the conditions subject to which such premises may be

used for any other purpose;

(k) the regulation of the use of text books, maps, plans,

instruments and other laboratory and sports equipment;

(l) the conditions subject to which donations or contributions

from the public may be accepted for the private schools and the naming of

private schools;

(m) the conferment of minority status to private schools.

(3) All rules made and notifications issued under this Act shall be

published in the Tamil Nadu Government Gazette and, unless they are

expressed to come into force on a particular day, shall come into force on

the day on which they are so published.

(4) Every rule made or notification issued under this Act, shall,

as soon as possible, after it is made or issued, be placed on the table of

the Legislative Assembly and if, before the expiry of the session in which

it is so placed or the next session, the Legislative Assembly makes any

modification in any such rule or notification or the Legislative Assembly

decides that the rule or notification should not be made or issued, the rule

or notification shall thereafter have effect, only in such modified form or be

of no effect, as the case may be, so however, that any such modification or

annulment shall be without prejudice to the validity of anything previously

done under that rule or notification.

Exemption.

58. The Government may, by notification and for reasons to be

specified therein, exempt any private school from the operation of all or any

of the provisions of this Act, or the rules made thereunder, subject to such

conditions as they may deem fit and may in the like manner vary or cancel

such exemption.

Repeal and

Savings.

59. (1) The Tamil Nadu Recognised Private Schools (Regulation) Act,

1973 (herein after referred to in this section as the said Act), is hereby

repealed.

Tamil Nadu Act 29

of 1974.

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193

(2) Notwithstanding such repeal, any act or thing done under the

said Act shall be deemed to have been done under this Act and may be

continued and completed under the corresponding provisions of this Act.

(3) Notwithstanding anything contained in this Act, all rules,

orders, notifications, Grant-in-aid, Codes, appointments, schemes, bye-

laws, regulations, official memoranda-circulars or any other orders made

or issued before the commencement of this Act and in force on the date of

such commencement providing for or relating to any of the matters for the

furtherance of which this Act is enacted shall continue to be in force and

effective as if they are made under the corresponding provisions of this Act

unless and until superseded by anything done or any action taken under

this Act.

60. If any difficulty arises in giving effect to the provisions of this Act,

the Government may, by order published in the Tamil Nadu Government

Gazette, make such provisions not inconsistent with the purposes of this

Act, as appears to them to be necessary or expedient for the purpose of

removing the difficulty:

Power to remove

difficulties.

Provided that no order shall be made after the expiry of a period

of two years from the date of commencement of this Act.

(By Order of the Governor)

C. GOPIRAVIKUMAR,

Secretary to Government (FAC),

Law Department.

printed and published by the Director of Stationery and printing, chennai

on behalf of the Government of Tamil Nadu