22. Delhi Schools Education Advisory Board.—(1) There shall be an Advisory Board for school
education, to be called the “Delhi School Education Advisory Board” for the purpose of advising the
Administrator on matters of policy relating to education in Delhi.
(2) The Advisory Board shall be constituted by the Administrator and shall consist of a Chairman and
fourteen other members, to be nominated by the Administrator.
(3) The Advisory Board constituted under sub-section (2) shall include—
(a) Heads of recognised private schools;
(b) representatives of the organisations of teachers of the recognised private schools;
(c) managers of the recognised private schools;
(d) representatives of parents or guardians of students of recognised private schools; and
(e) eminent educationists.
(4) The Advisory Board shall regulate its own procedure.
(5) The terms of office of every member of the Board and travelling and other allowances payable to
a member of the Board shall be such as may be prescribed.
23. Delegation of powers.—(1) The Administrator may delegate all or any of his powers, duties and
functions under this Act to the Director or any other officer.
(2) Every person to whom any power is delegated under sub-section (1), may exercise that power in
the same manner and with the same effect as if such power had been conferred on him directly by this Act
and not by way of delegation.
12
24. Inspection of schools.—(1) Every recognised school shall be inspected at least once in each
financial year in such manner as may be prescribed.
(2) The Director may also arrange special inspection of any school on such aspects of its working as
may, from time to time, be considered necessary by him.
(3) The Director may give directions to the manager requiring the manager to rectify any defect or
deficiency found at the time of inspection or otherwise in the working of the school.
(4) If the manager fails to comply with any direction given under sub-section (3), the Director may,
after considering the explanation or report, if any, given or made by the manager, take such action as he
may think fit, including—
(a) stoppage of aid,
(b) withdrawal of recognition, or
(c) except in the case of a minority school, taking over of the school under section 20.
25. Jurisdiction of civil courts barred.—No civil court shall have jurisdiction in respect of any
matter in relation to which the Administrator or the Director or any other person authorised by the
Administrator or Director or any other officer or authority appointed or specified by or under this Act, is
empowered by or under this Act to exercise any power, and no injunction shall be granted by any civil
court in respect of anything which is done or intended to be done by or under this Act.
26. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall
lie against the Administrator, Director or any other person authorised by the Administrator or Director for
anything which is in good faith done or intended to be done in pursuance of this Act or any rule made
thereunder.
27. Liability of manager to punishment.—If the manager of any recognised private school.—
(a) omits or fails, without any reasonable excuse, to carry out any orders made by the Tribunal, or
(b) presents any student for any public examination without complying with the provisions of
section 19, or
(c) omits or fails to deliver any school property to the Administrator or any officer authorised by
him under sub-section (2) of section 20,
he shall be punished with imprisonment for a term which may extend to three months, or with fine which
may extend to one thousand rupees, or with both.
28. Power to make rules.—(1) The Administrator may, with the previous approval of the Central
Government, and subject to the condition of previous publication, by notification, make rules to carry out
the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the manner in which education may be regulated by the Administrator in Delhi;
(b) the conditions which every existing school shall be required to comply;
(c) establishment of a new school or the opening of a higher class or the closing down of an
existing class in an existing school;
(d) the form and manner in which an application for recognition of a school shall be made;
(e) the facilities to be provided by a school to obtain recognition;
(f) the manner in which, and the authority to which, an appeal against the refusal or withdrawal of
recognition shall be made;
(g) the minimum qualifications for, and method of recruitment, and the terms and conditions of
service of employees;
13
(h) the authorities to be specified for the purposes of the different provisions of this Act;
(i) the particulars which a scheme of management shall contain, and the manner in which such
scheme shall be made;
(j) variations and modifications which may be made in the scheme of management for a
recognised school which does not receive any aid;
(k) the conditions under which aid may be granted to recognised schools, and on the violation of
which aid may be stopped, reduced or suspended;
(l) the part of the expenditure of a recognised school which is to be covered by aid;
(m) particulars of school property which should be furnished to the appropriate authority;
(n) the form in which, and the time within which, an appeal shall be preferred to the
Administrator against an order made in relation to the transfer, mortgage or lien of any school
property;
(o) the Code of Conduct for the employees and the disciplinary action to be taken for the
violation thereof;
(p) the benefits which should be granted to the employees of recognised private schools;
(q) admissions to a recognised school;
(r) fees and other charges which may be collected by an aided school;
(s) the manner of inspection of recognised schools;
(t) the term of office, travelling and other allowances payable to the members of the Advisory
Board;
(u) financial and other returns to be filed by the managing committee of recognised private
schools, and the authority by which such returns shall be audited;
(v) educational purposes for which the income derived by way of fees by recognised unaided
schools shall be spent;
(w) manner of accounting and operation of school funds and other funds of a recognised private
school;
(x) fees, not exceeding one rupee, for preferring any appeal under this Act;
(y) any other matter which is to be, or may be, prescribed under this Act.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each
House of Parliament while it is in session for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule 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
annualment shall be without prejudice to the validity of anything previously done under that rule.
29. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this
Act, the Central Government may, by order not inconsistent with the provisions of this Act, remove the
difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the
commencement of this Act.