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278
THE PUDUCHERRY SCHOOL EDUCATION ACT, 1987
(No.9 to 1987)
______________________________________________________________________________
ARRANGEMENT OF SECTIONS
SECTION
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER - II
ESTABLISHMENT, PERMISSION FOR ESTABLISHMENT AND
MANAGEMENT OF PRIVATE SCHOOLS
3. Power of Government to regulate school education
4. New private school to obtain permission
5. Application for permission and sending of statement
6. Grant of permission
7. Permission deemed to be granted in certain cases
8. Approval of transfer of permission
9. Minority school to be established without permission
10. Minority schools to send statements
11. Scheme of management
CHAPTER - III
RECOGNITION OF PRIVATE SCHOOL
12. Recognition of private school
13. Withdrawal of recognition by appropriate authority
14. Effect of withdrawal of recognition
15. Payment of grant
CHAPTER - IV
SCHOOL PROPERTY
16. School property
279
CHAPTER - V
TERMS AND CONDITIONS OF SERVICE OF TEACHERS
AND OTHER PERSONS EMPLOYED IN PRIVATE SCHOOLS
17. Qualifications, conditions of service, etc., of teachers and other persons employed in
recognised schools
18. Appointment of teachers and other employees in recognised schools
19. Teachers and other persons employed in recognised schools to be governed by Code
of Conduct
20. Suspension of teachers or other persons of recognised schools
21. Appeal against orders of punishment imposed on teachers and other persons
employed in recognised schools
22. Second appeal in case of dismissal, removal or reduction in rank or termination of
teachers or other persons employed in recognised schools
23. Special provision regarding appeal in certain past disciplinary cases
24. Pay and allowance of teachers and other persons employed in recognised schools to
be paid in the prescribed manner.
25. Chapter to have overriding effect.
CHAPTER - VI
ADMISSION TO SCHOOLS AND FEES
26. Admission to recognised schools
27. Fees and other charges
28. School Fund
29. Affiliations
CHAPTER-VII
TAKING OVER THE MANAGEMENT OF SCHOOLS
30. Taking over the management of schools.
31. Section 30 not to apply to minority schools.
CHAPTER - VIII
ACCOUNTS, AUDIT, INSPECTION AND RETURNS
32. Accounts
33. Annual audit of accounts
34. Inspection or inquiry
35. Furnishing of returns, etc.
280
CHAPTER - IX
GENERAL PROVISIONS REGARDING APPEAL AND REVISION
36. Appeal against orders of appropriate authority
37. Tribunal
38. Time for appeal and powers of appellate authority
39. Deposit with the Tribunal of pay and allowances of teachers and other persons
employed in recognised schools in certain cases
40. Revision
CHAPTER - X
PENALTIES AND PROCEDURES
41. Penalty for not giving information or giving false information
42. Other penalties
43. Offences by companies
44. Cognizance of offences
CHAPTER - XI
MISCELLANEOUS
45. Puducherry Schools Education Advisory Board
46. Delegation of powers of Government
47. Civil Court not to decide questions under this Act
48. Indemnity
49. Power to make rules
50. Power to remove difficulties
_____
281
THE PUDUCHERRY SCHOOL EDUCATION ACT, 1987
(No.9 to 1987)
(20-10-1987)
AN
ACT
to provide for better organisation and development of school education in the
Union territory of Puducherry and for matters connected therewith or incidental
thereto.
BE it enacted by the Legislative Assembly of Puducherry in the Thirty-eighth
Year of the Republic of India as follows : -
CHAPTER - I
PRELIMINARY
Short title, extent and commencement
1. (1) This Act may be called the Puducherry School Education Act, 1987.
(2) It extends to the whole of the Union territory of Puducherry.
+(3) It shall come into force on such date as the Administrator may, by
notification, appoint and different dates may be appointed for different provisions of
this Act and reference to the commencement of this Act in relation to any provision
thereof shall be construed as a reference to the date on which that provision comes into
force.
Definitions
2. In this Act, unless the context otherwise requires, --
(a) “academic year” means the year commencing on the first day of January or
June;
+ I. Sections 1, 2, 3 and 49 of the Act came into force w.e.f 22.6.1989 vide Notification published in EG Pt. I No. 28,
dated 29.7.1989.
II. Sections 4 to 48 and 50 of the Act came into force w.e.f 1.7.1995 vide Notification published in EG Pt. II No. 15,
dated 19.9.1995
282
(b) “aid” means any aid granted to a recognised school by the Central
Government, the Government, a local authority or any other authority designated by
the Central Government, the Government or a local authority;
(c) “aided school” means a recognised school which is receiving aid in the form
of maintenance grant from the Central Government, the Government, or a local
authority or any other authority designated by the Central Government, the
Government, or a local authority;
(d) “appropriate authority” means any authority, officer or person authorised by
the Government, by notification, to perform the functions of the appropriate authority
or any other authority under this Act for such area or in relation to such class of private
schools, as may be specified in the notification;
(e) “Director” means the Director of Education, Puducherry, and includes any
other officer authorised by him to perform all or any of the functions of the Director
under this Act;
(f) “educational agency” in relation to, --
(a) any minority school, means any person who, or body of persons which
has established and is administering or proposes to establish and administer such
minority school; and
(b) any other private school, means any person or body of persons
permitted or deemed to be permitted under this Act to establish and maintain such
other private school;
(g) “employee” means a teacher and includes every other employee working in a
recognised school;
(h) “existing employee” means an employee of an existing school who is
employed in such school immediately before the commencement of this Act, and
includes an employee who was employed in such school for a period of not less than
twelve months immediately preceding the commencement of this Act;
(i) “existing school” means a recognised private school which is in existence at
the commencement of this Act;
(j) “Government” means the Administrator of the Union territory of Puducherry
appointed by the President under article 239 of the Constitution;
(k) “Head of School” means the principal academic officer, by whatever name
called, of a recognised school;
(l) “manager”, in relation to a school, means the person, by whatever name
called, who is entrusted, either on the date on which this Act comes into force or, as the
case may be, under a scheme of management made under section 11, with the
management of the affairs of that school;
(m) “minority school” means a private school of its choice established and
administered, or 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;
(n) “notification” means a notification published in the Official Gazette;
283
(o) “prescribed” means prescribed by rules made under this Act;
(p) “private school” means a pre-primary, primary, middle or high school or
higher secondary school or any other institution imparting education or training,
established and administered or maintained by any person or body of persons, but does
not include a school or an institution --
(i) imparting technical or professional education;
(ii) established and administered or maintained by the Central Government
or the Government or any other authority designated or sponsored by
the Central Government or the Government;
(iii) maintained or approved by, or affiliated to, any University established
by law; or
(iv) giving, providing or imparting religious instruction alone, but not any
other instruction;
(q) “public examination” means an examination conducted by the Boards of
Secondary Education in the States of Tamil Nadu, Kerela and Andhra Pradesh or any
other Board or authority which may hereafter be established for the purpose, and
recognised by the Government or any other officer authorised by him in this behalf ;
(r) “recognised school” means a private school recognised by the appropriate
authority;
(s) “school property” means all movable and immovable property belonging to,
or in the possession of, the school and all other rights and interests in, or arising out of,
such property, and includes land, building and its appurtenances, playgrounds, hostels,
furniture, books, apparatus, maps, equipment, utensils, cash, reserve funds,
investments and bank balances ;
(t) “teacher” includes the Head of a School ;
(u) “Tribunal” means a Tribunal constituted under section 37 ; and
(v) “unaided minority school” means a minority school which does not receive
any aid.
CHAPTER - II
ESTABLISHMENT, PERMISSION FOR ESTABLISHMENT AND MANAGEMENT OF
PRIVATE SCHOOLS
Power of Government to regulate school education
3. The Government may regulate the different stages of education and courses of
instruction in private schools.
284
New private school to obtain permission
4. Save as otherwise expressly provided in this Act, no person shall, without the
permission of the appropriate authority and except in accordance with the terms and
conditions specified in such permission, establish any private school on or after the date
of the commencement of this Act.
Application for permission and sending of statement
5. (1) The educational agency of every private school proposed to be established on
or after the date of the commencement of this Act shall make an application to the
appropriate authority for permission to establish such school.
(2) Every such application shall --
(a) be in the prescribed form ;
(b) be accompanied by such fee not exceeding one hundred rupees as may be
prescribed ; and
(c) contain the following particulars, namely :-
(i) the name of the private school and the name and address of the
educational agency ;
(ii) the need for the private school in the locality ;
(iii) the course for which such private school proposes to prepare, train or
guide its pupils for appearing at any examination conducted by, or
under the authority of, the Government ;
(iv) the amenities available to pupils and teachers ;
(v) the equipment, laboratory, library and other facilities for instruction ;
(vi) the sources of income to ensure the financial stability of the private
school ;
(vii) the situation and the description of the buildings in which such
private school is proposed to be established ; and
(viii) such other particulars as may be prescribed.
(3) The educational agency of every private school in existence on the date of the
commencement of this Act shall, before the expiry of six months from that date, send to
the appropriate authority a statement in the prescribed form containing -
(a) the particulars specified in clause (c) [excluding sub-clause (ii) thereof] of
sub-section (2) ;
(b) the names of the members of the teaching and non-teaching staff and the
educational qualifications of each such member ; and
(c) the number of pupils and classes in the private school.
285
Grant of permission
6. On receipt of an application under sub-section (1) of section 5, the appropriate
authority –
(a) may, after considering the particulars contained in such application, grant or
refuse to grant the permission ; and
(b) shall communicate its decision to the applicant within a period of four
months from the date of such receipt :
Provided that the permission shall not be refused under that section unless the
applicant has been given an opportunity of making his representations:
Provided further that in case of refusal of the permission the applicant shall be
entitled to refund of one-half of the amount of the fee accompanying the application.
Permission deemed to be granted in certain cases
7. On receipt of a statement under sub-section (3) of section 5 from any private
school in existence immediately before the date of the commencement of this Act,
permission under section 6 shall be deemed to have been granted to such private school
but no fee shall be payable for any such permission.
Approval of transfer of permission
8. (1) Whenever there is any change in the constitution of the educational agency,
that agency shall apply to the appropriate authority for approval of such change.
(2) Whenever the management of any private school is proposed to be
transferred, the educational agency and the person to whom the management is
proposed to be transferred may, before such transfer, apply jointly to the appropriate
authority for approval of the transfer.
(3) On any transfer of the management of a private school, without approval
having been obtained for such transfer under sub-section (2), the transferee shall, if
desires to run it as such, apply to the appropriate authority within three months of the
date of the transfer for approval of the transfer.
(4) An application under sub-section (1), sub-section (2) or sub-section (3), shall be
in such form and contain such particulars as may be prescribed.
(5) On receipt of an application under this section for approval, the appropriate
authority shall-
286
(a) if it is satisfied, after making such inquiry as it deems fit, that the educational
agency will continue to maintain and manage or, as the case may be , that the transferee
will maintain and manage, the private school, in accordance with the provisions of this
Act and the rules made thereunder, approve the change or, as the case may be, the
transfer, subject to such conditions as it may impose ; and
(b)communicate its decision to the applicant within a period of three months
form the date of such receipt.
Minority school to be established without permission
9. Any minority whether based on religion or language may establish and
administer any private school without permission under section 6.
Minority schools to send statements
10. (1) Every minority school in existence immediately before the date of the
commencement of this Act shall send to the appropriate authority a statement
containing the particulars specified in clause (c) excluding sub-clause (ii) thereof of
sub-section (2) of section 5 within such time as may be prescribed.
(2) Every minority school established and administered after the date of the
commencement of this Act shall send to the appropriate authority a statement
containing particulars specified in clause (c) of sub-section (2) of section 5 within such
time as many be prescribed.
Scheme of management
11. (1) Notwithstanding anything contained in any other law for the time being in
force or in any instrument having effect by virtue of any such law, the educational
agency of every private school shall make in accordance with the rules made under this
Act and with the previous approval of the appropriate authority, a scheme of
management for such school:
Provided that in the case of a private school which does not receive any aid, the
scheme of management shall apply with such variations and modifications as may be
prescribed:
Provided further that so much of this sub-section as relates to the previous
approval of the appropriate authority, shall not apply to a scheme of management for
unaided minority school.
(2) A scheme may be made, in like manner, to add to, vary or modify any scheme
made under sub-section (1).
287
CHAPTER - III
RECOGNITION OF PRIVATE SCHOOL
Recognition of private school
12.(1) On receipt of an application by-
(a) any private school in respect of which permission has been or is deemed to have
been granted under section 6: or
(b) any minority school ;
the appropriate authority may, after satisfying itself, that proper arrangements have
been made for the maintenance of academic standard in the school, that the provisions
of this Act are complied with and that the prescribed conditions have been satisfied
grant a certificate recognising the private school for the purposes of this Act.
(2) The certificate under sub-section (1) shall be granted within such period as
may be prescribed.
Withdrawal of recognition by appropriate authority
13. (1) The appropriate authority may withdraw permanently or for any specified
period the recognition of any private school—
(a) which does not comply with any of the provisions of this Act or any rules
made or directions issued thereunder in so far as such provisions, rules or directions are
applicable to such private school, or
(b) in respect 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
(c) which contravenes or fails to comply with any such conditions as may be
prescribed.
(2) Before withdrawing the recognition under sub-section (1), the appropriate
authority shall give the educational agency an opportunity of making its representation.
Effect of withdrawal of recognition
14. Any private school which is unrecognised or the recognition of which has been
withdrawn shall not be entitled to –
(a) receive any grant or other financial assistance from the Government; or
(b) prepare, train or guide pupils for appearing at any public examination.
288
Payment of grant
15. (1) The Government may grant aid to recognised schools such sums of money
and for such purposes as may be prescribed.
(2) The Government may withhold permanently or for any specified period the
whole or part of any aid 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 any rules
made or directions issued thereunder in so far as such provisions, rules or directions are
applicable to such private school, or
(b) in respect 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
(c) which contravenes or fails to comply with any such conditions as may be
prescribed.
(3) Before withholding the grant under sub-section (2) the Government shall give
the educational agency an opportunity of making its representation.
CHAPTER - IV
SCHOOL PROPERTY
School property
16. (1) The management of every aided school shall furnish to the appropriate
authority, initially, at the time of grant of aid and thereafter annually, a statement
containing a list of school property together with such particulars as may be prescribed.
(2) Notwithstanding anything contained in any other law for the time being in
force, no transfer, mortgage or lease of any movable or immovable property of an aided
school, not being the property specified in the rules, shall be made except with the
previous permission of the appropriate authority:
Provided that where the appropriate authority omits or fails to dispose of the
application for such permission within sixty days from the date of receipt of the
application in this behalf, the permission shall, on the expiry of the said period of sixty
days, be deemed to have been granted.
(3) Any person aggrieved by the grant or refusal of permission under sub-section
(2) may prefer, in such form and within such time as may be prescribed, appeal to the
Government against such grant or refusal of permission and the decision of the
Government thereto shall be final.
(4) Any transaction made in contravention of the provisions of sub-section (2), or,
as the case may be, decision of the Government, shall be void.
289
CHAPTER - V
TERMS AND CONDITIONS OF SERVICE OF TEACHERS
AND OTHER PERSONS EMPLOYED IN PRIVATE SCHOOLS
Qualifications, conditions of service, etc., of teachers
and other persons employed in recognised schools
17. The Government may make rule regulating the number, qualifications and
conditions of service (including promotion, Pay, allowances, leave, pension, provident
fund, insurance and age of retirement and rights as respect disciplinary matters) of the
teachers and other persons employed in any recognised school.
Appointment of teachers and other employees in recognised schools
18. (1) No person who does not possess the qualifications prescribed under section
17 shall on or after the date of the commencement of this Act be appointed as teacher or
other employee in any recognised school.
(2) Nothing contained in this section or any rule made thereunder shall apply to
any person who, on or before the date of the commencement of this Act, is employed as
teacher or other employee in any recognised school.
Teachers and other persons employed in recognised schools to be
governed by Code of Conduct
19. (1) Every teacher and every other person employed in any recognised school
shall be governed by such Code of Conduct as may be prescribed and if any teacher or
other person so employed violates any provision of such Code of Conduct, he shall be
liable to such disciplinary action as may be prescribed.
(2) The manager may define the standards, of conduct to be observed by teachers
and other persons employed in the recognised school, such standards not being
inconsistent with the provisions of this Act and rules made thereunder.
Suspension of teachers or other persons of recognised schools
20. (1) No teacher or other person employed in any recognised school shall be placed
under suspension, except when an inquiry into the gross misconduct, within the
meaning of the Code of Conduct prescribed under sub-section (1) of section 19, of such
teacher or other person is contemplated.
290
(2) No such suspension shall remain in force for more than a period of two
months from the date of suspension and if such inquiry is not completed within that
period, such teacher or other person shall, without prejudice to the inquiry, be deemed
to have been restored as teacher or other employee:
Provided that the appropriate authority may, for reasons to be recorded in
writing, extend the said period of two months, for a further period not exceeding two
months, if, in the opinion of such appropriate authority, the inquiry could not be
completed within the said period of two months for reasons directly attributable to such
teacher or other persons.
Appeal against orders of punishment imposed on teachers and
other persons employed in recognised schools
21. (1) Any teacher or other person employed in any recognised school,-
(a) who is dismissed, removed or reduced in rank or whose appointment
is otherwise terminated ; or
(b) whose pay or allowances or any of whose conditions of service are altered
or interpreted to his disadvantage,
by an order, may prefer an appeal against such order to such authority or officer not
below the rank of the Director of Education, Puducherry, as may be prescribed ; and
different such authorities or officers may be prescribed for different classes of private
schools.
Explanation. - In this section, the expression “order” includes any order made
on or after the date of the commencement of this Act in any proceedings which were
pending on that date.
(2) The appellate authority may, after giving the parties an opportunity of
making their representations, pass such order on the appeal as it may deem fit:
Provided that in disposing of an appeal under this section in relation to a
minority institution, the appellate authority shall consider and shall only consider
whether the procedure for taking disciplinary action prescribed under this Act has been
complied with and if not, whether such non-compliance has resulted in the failure of
justice, and pass orders –
(i) confirming or setting aside the said order : or
(ii) remitting the case to such authority with such directions as it may deem
fit in the circumstances of the case.
291
Second appeal in case of dismissal, removal or reduction in rank or termination of
teachers or other persons employed in recognised schools
22. If the appeal under section 21 was against the dismissal, removal or reduction in
rank or the termination otherwise of the appointment of any teacher or other person
employed in any recognised school, such teacher or other person or the educational
agency aggrieved by any order made in any such appeal may prefer an appeal against
that appellate order to the Tribunal.
Special provision regarding appeal in certain past disciplinary cases
23.(1) If, before the date of the commencement of this Act, any teacher or other
person employed in any recognised school has been dismissed or removed or reduced
in rank or his appointment has been otherwise terminated and any appeal preferred
before the date –
(a) by him against such dismissal or removal or reduction in rank or
termination ; or
(b) by him or the educational agency against any order made before that date
in the appeal referred to in clause (a) is pending on that date, such appeal shall –
(i) in a case falling under clause (a), stand transferred to the appellate
authority prescribed under section 38, or
(ii) in a case falling under clause (b), stand transferred to the Tribunal.
(2) If any such appeal as is referred to in sub-section (1) has been disposed of
before the date of the commencement of this Act, the order made in any such appeal
shall be deemed to be an order made under this Act and shall have effect accordingly.
Pay and allowance of teachers and other persons employed in
recognised schools to be paid in the prescribed manner.
24. The pay and allowances of any teacher or other person employed in any
recognised school shall be paid on or before such day of every month, in such manner
and by or through such authority, officer, or person, as may be prescribed.
Chapter to have overriding effect.
25. (1) This Chapter or any rule providing for all or any of the matters specified in
this Chapter or any order made in relation to any such matter shall have effect
notwithstanding –
292
(a) anything contained in any –
(i) other law for the time being in force, or
(ii) award, agreement or contract of service whether such award, agreement
or contract of service was made before or after the date of the
commencement of this Act, or
(iii) judgment, decree or order of Court, Tribunal or authority, or
(b) that the rules relating to recognition of, or payment of grant, to recognised
schools, had or have no statutory force :
Provided that where, under any such award, agreement, contract of service or
otherwise, any teacher or other person employed in any recognised school is entitled to
benefits in respect of any matter which are more favourable to him than those to which
he will be entitled under this Chapter, such teacher or other person shall continue to be
entitled to the more favourable benefits in respect of that matter, notwithstanding that
he receives benefits in respect of other matters under this Chapter.
(2) Nothing contained in this Chapter shall be construed as precluding any such
teacher or other person from entering into an agreement for granting him rights or
privileges in respect of any matter which are more favourable to him than those to
which he would be entitled under this Chapter.
CHAPTER - VI
ADMISSION TO SCHOOLS AND FEES
Admission to recognised schools
26. (1) A child who has not attained the age of five years shall not be admitted to
class I, or an equivalent class or any class higher than class I, in a recognised school.
(2) A student seeking admission for the first time in a recognised school in a class
higher than class I shall not be admitted to that class if his age reduced by the number
of years of normal school study between that class and class I or an equivalent class,
falls short of five years.
(3) Admission to a recognised school or to any class thereof shall be regulated by
rules made in this behalf.
293
Fees and other charges
27. (1) No aided school shall levy any fees or collect any other charge or receive any
other payment except those specified by the Director.
(2) Every aided school having different rates of fees or other charges or different
funds shall obtain prior approval of the prescribed authority before levying such fees or
collecting such charges or creating such funds.
(3) The manager of every recognised school shall, before the commencement of
each academic year, file with the Director a full statement of the fees to be levied by
such school during the ensuing academic year and except with the prior approval of the
Director, no such school shall charge, during the academic year, any fee in excess of the
fee specified by its manager in the said statement.
School Fund
28. (1) In every aided school, there shall be a fund, to be called the ‘School Fund”,
and there shall be credited thereto –
(a) any aid granted by the Government,
(b) income accruing to the school by way of fees, charges or other payments,
and
(c) any other contributions, endowments and the like.
(2) The School Fund and all other funds, including the Pupils’ Fund, established
with the approval of the Government, shall be accounted for and operated in
accordance with the rules made under this Act.
(3) In every recognised unaided school, there shall be a fund, to be called the
“Recognised Unaided School Fund”, and there shall be credited thereto income
accruing to the school by way of –
(a) fees,
(b) any charges and payments which may be realised by the school for other
specified purposes, and
(c) any other contributions, endowments, gifts and the like.
(4) (a) Income derived by unaided schools by way of fees shall be utilised only for
such educational purposes as may be prescribed ; and
(b) Charges and payments realised and all other contributions, endowments
and gifts received by the school shall be utilised only for the specific purpose for which
they were realised or received.
294
(5) The manager of every recognised school shall file every year with the Director
such duly audited financial and other returns as may be prescribed, and every such
return shall be audited by such authority as may be prescribed.
Affiliations
29. (1) For the purpose of any public examination every recognised high school or
higher secondary school shall be affiliated to one or more of the Boards or authorities
conducting such examination and shall fulfil the conditions specified by the Board or
authority in this behalf.
(2) The students of every recognised high school or higher secondary school shall
be prepared for, and presented to, the public examinations or such other form of
evaluation held or made for the students of such schools.
(3) The students of every recognised middle school shall be prepared for, and
presented to, such public examination, as may be specified by the Director.
CHAPTER-VII
TAKING OVER THE MANAGEMENT OF SCHOOLS
Taking over the management of schools.
30. (1) Whenever the Government is satisfied that the educational agency or
manager of any recognised school, has neglected to perform any of the duties imposed
on it or him, by or under this Act or any rule made thereunder and that it is expedient
in the interests of school education to take over the management of such school, it may,
after giving the educational agency or the manager of such school, a reasonable
opportunity of showing cause against the proposed action, take over the management
of such school for a limited period not exceeding three years:
Provided that where the management of a school has been taken over for a
period of three years or less, the Government may, if it is of opinion that in order to
secure proper management of the school it is expedient that such management should
continue to be in force after the expiry of the said limited period, it may, from time to
time, issue directions for the continuance of such management for such period not
exceeding one year at a time as it may think fit, so, however, that the total period for
which such management is taken over shall not, in any case, exceed five years.
(2) Whenever the management of any school is taken over under sub-section (1),
every person incharge of the management of such school immediately before its
management is taken over, shall deliver possession of the school property to the
Government of any officer authorised by it in this behalf.
(3) After taking over the management of any school under this section, the
Government may arrange to manage the school through the Director or any other
person authorised by the Director in this behalf (hereinafter referred to as the
“authorised officer”).
295
(4) Where the management of any school has been taken over under sub-section
(1), the educational agency or manager of such school may, within three months from
the date of taking over, appeal to the Government, and the Government may after
considering the representation made by educational agency or the manager, pass such
orders, including an order for the restoration of the management or for the reduction of
the period during which the management of such school shall remain vested in the
Government.
(5) Where the management of a school has been taken over under this section,
the Government shall pay such rent as may be payable for the building of the school to
the person entitled to receive it as was being paid by the educational agency or the
manager immediately before the management of such school was taken over.
(6) During such period as any school remains under the management of the
authorised officer –
(a) the service conditions, as approved by the Government, of the employees
of the school who were in employment immediately before the date on which the
management was taken over, shall not be varied to their disadvantage ;
(b) all educational facilities which the school had been affording immediately
before such management was taken over, shall continue to be afforded ;
(c) the School Fund, the Pupils’ Fund and the Management Fund and any
other existing fund shall continue to be available to the authorised officer for being
spent for the purposes of the school ; and
(d) No resolution or order passed by the educational agency of such school
shall be given effect to unless approved by the Government.
Section 30 not to apply to minority schools.
31. Nothing contained in section 30 shall apply to any minority school.
CHAPTER - VIII
ACCOUNTS, AUDIT, INSPECTION AND RETURNS
Accounts
32. Every recognised school shall maintain accounts in such manner and containing
such particulars as may be prescribed.
Annual audit of accounts
33. (1) The accounts of every recognised school receiving aid shall be audited at the
end of every academic year by such authority, officer or person as may be prescribed
and different authorities, officers or persons may be prescribed for different classes of
private schools.
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(2) (a) The authority, officer or person, prescribed under sub-section (1) shall send
a copy of the report on the audit of the accounts under that sub-section to the
appropriate authority which shall forward the report to the educational agency.
The educational agency shall, within such time as may be prescribed, submit that
report together with the comments of that agency to the appropriate authority.
Inspection or inquiry
34. (1) The appropriate authority shall have the right to cause an inspection of, or
inquiry in respect of, any recognised school, its buildings, laboratories, libraries,
workshops and equipment, and also of the examinations, teaching and other work
conducted or done by the private school, to be made by such person or persons as it
may direct and to cause an inquiry to be made in respect of any other matter connected
with the private school and the educational agency shall be entitled to be represented
thereat.
(2) The appropriate authority shall communicate to the educational agency the
views of the authority with reference to the results of such inspection or inquiry and
may, after ascertaining the opinion of the educational agency thereon, advise that
agency upon the action to be taken.
(3) The educational agency shall report to the appropriate authority the action, if
any, which is proposed to be taken or has been taken upon the results of such
inspection or inquiry and such report shall be furnished within such time as the
appropriate authority may direct.
(4) Where the educational agency does not, within a reasonable time, take action
to the satisfaction of the appropriate authority that authority may, after considering any
explanation furnished or representation made by the educational agency, issue such
directions as that authority deems fit and the educational agency shall comply with
such directions.
Furnishing of returns, etc.
35. Every educational agency shall, within such time or within such extended time
as may be fixed, by the appropriate authority in this behalf, furnish to that authority
such returns, statistics and other information as the appropriate authority may, from
time to time, require.
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CHAPTER - IX
GENERAL PROVISIONS REGARDING APPEAL AND REVISION
Appeal against orders of appropriate authority
36. (1) Any person aggrieved by any order, decision or direction of the appropriate
authority under any provision of this Act may prefer an appeal against such order,
decision or direction, to such authority or officer as may be prescribed; and different
such authorities or officers may be prescribed for different classes of recognised schools.
(2) If the appropriate authority omits to communicate its decision to any
applicant within the period specified in clause (b) of section 6 or in clause (b) of sub-
section (5) of section 8, such applicant may prefer an appeal against such omission to
the appellate authority prescribed under this section.
Tribunal
37. (1) The Government may constitute as many Tribunals as may be necessary for
the purposes of this Act.
(2) Each Tribunal shall consist of one person only who shall be a judicial officer
not below the rank of a District Judge or an officer of equal grade qualified in law and
serving in the Law Department of the Government.
(3) Each Tribunal shall have such jurisdiction and over such area or in relation to
such class of private schools, as the Government may, by notification, from time to time,
determine.
(4) Every Tribunal shall have the same powers as are vested in a civil court
under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), while hearing an
appeal.
Time for appeal and powers of appellate authority
38. (1) No appeal under any provision of this Act shall be preferred after expiry of
one month from the date on which the order, decision or direction appealed against,
was received by the appellant:
Provided that the appellate authority may, in its discretion allow further time not
exceeding one month for preferring any such appeal if it is satisfied that the appellant
had sufficient cause for not preferring the appeal in time.
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(2) On receipt of any such appeal, the appellate authority shall, after –-
(a) giving the parties an opportunity of making their representations,
(b) making, if necessary, such inquiry as it deems fit, and
(c) considering all the circumstances of the case,
make such order as it deems just and equitable.
(3) The appellate authority may, pending the exercise of its power, pass such
interlocutory orders as it deems fit.
(4) Every appeal under this Act shall be disposed of as expeditiously as possible.
Deposit with the Tribunal of pay and allowances of teachers and
other persons employed in recognised schools in certain cases
39. (1) If the appellate authority referred to in section 38 has, in any appeal under
that section against the dismissal or removal or reduction in rank or the termination
otherwise of the appointment of any teacher or other person employed in any
recognised school, made an order restoring such teacher or other employee as such, no
appeal against the order of such restoration shall be preferred to the tribunal and no
appeal (against the order of such restoration) which, under section 23, stands
transferred to the Tribunal shall be proceeded with by the Tribunal, unless the
educational agency deposits with the Tribunal all arrears of pay and allowances due to
such teacher or other person from the date of his dismissal or removal or reduction in
rank or termination otherwise of his appointment up to the date of deposit, and
continues to deposit the pay and allowances due to such teacher or other person until
the termination of the proceedings before the Tribunal.
(2) the deposit under sub-section (1) shall be made within such time and in such
manner as may be prescribed.
(3) Where there is any dispute as to the amount to be deposited under
sub-section (1), the Tribunal shall on application made to it either by the educational
agency or by such teacher or other person, and after making such inquiry as it deems
fit, determine summarily the amount to be so deposited.
(4) If the educational agency fails to deposit the amount as aforesaid, the
Tribunal shall, unless the educational agency shows sufficient cause to the contrary stop
all further proceedings and make an order directing the educational agency to restore
such teacher or other employee as such.
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(5) (a) Where, as a result of any final order made by the Tribunal at the
conclusion of the proceedings before it any amount of pay and allowances as becomes
due to such teacher or other person, such amount shall be paid to him out of the
amount deposited under sub-section (1).
(b) If there is any balance left of the amount deposited under sub-section (1)
after payment under clause (a) of the pay and allowances referred to in that clause, such
balance or, where no amount becomes due as aforesaid to such teacher or other person,
the whole of the amount deposited under sub-section (1), shall be returned to the
educational agency.
Revision
40. (1) The Government may call for and examine the record of any authority or
officer prescribed for the purpose of section 30 in respect of any proceedings to satisfy
themselves as to the regularity of such proceedings or the correctness, the legality or
propriety of any order made, decision taken or direction issued therein; and, if in any
case, it appears to the Government that any such order, decision or direction should be
modified, annulled, reversed or remitted for reconsideration, they may pass orders
accordingly.
(2) No order prejudicial to any person shall be passed under sub-section (1)
unless such person has been given an opportunity of making his representation.
(3) The Government may, pending the exercise of their power under sub-section
(1), pass such interlocutory orders as they deem fit.
CHAPTER - X
PENALTIES AND PROCEDURES
Penalty for not giving information or giving false information
41. If any person, when required, by or under this Act or any rule made under this
Act, to furnish any information, omits to furnish such information or furnishes any
information which he knows, or has reasonable cause to believe, to be false, or not true,
in any material particular, he shall be punishable with fine which may extend to one
hundred rupees.
Other penalties
42. (1) If any person wilfully contravenes, or attempts to contravene, or knowingly
abets the contravention of, any of the provisions of this Act or any rule made
thereunder, he shall be punishable with fine which may extend to five hundred rupees
and in the case of a continuing contravention with an additional fine which may extend
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to one hundred rupees for every day during which such contravention continues after
conviction for the first such contravention.
(2) If any person wilfully obstructs any authority, officer or person, from entering
any recognised school in the exercise of any power conferred on it or him by or under
this Act, he shall be punishable with imprisonment for a term which may extend to one
month, or with fine which may extend to one thousand rupees, or with both.
Offences by companies
43. (1) Where an offence against any of the provisions of this Act or any rule made
thereunder has been committed by a company, every person who, at the time the
offence was committed, was in charge of and was responsible to, the company for the
conduct of the business of the company as well as the company, shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment, if he proves that the offence was committed without his
knowledge or that he had exercised all due diligence to prevent the commission of such
offence.
(2) Notwithstanding anything contained in sub-section (1), where any such
offence has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to any neglect on the
part of, any director, manager, secretary or other officer of the company, such director,
manager, secretary or other officer, shall be deemed to be guilty of that offence and
shall be liable to be proceeded against and punished accordingly.
Explanation, -- For the purpose of this section, --
(a) “company” means any body corporate and includes a firm, society or other
association of individuals, and
(b) “director” in relation to –
(i) a firm, means a partner in the firm,
(ii) a society or other association of individuals, means the person who is
entrusted, under the rules of the society or other association, with the
management of the affairs of the society or other association, as the case
may be.
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Cognizance of offences
44. No court shall take cognizance of any offence punishable under this Act except
on a report in writing of the facts constituting such offence made by an authority or
officer authorised by the Government in this behalf.
CHAPTER - XI
MISCELLANEOUS
Puducherry Schools Education Advisory Board
45. (1) There shall be an Advisory Board for school education, to be called the
“Puducherry School Education Advisory Board” for the purpose of advising the
Government on matters of policy relating to education in the Union territory of
Puducherry.
(2) The Advisory Board shall be constituted by the Government and shall consist
of a Chairman and fourteen other members to be nominated by the Government
(3) The Advisory Board constituted under sub-section (2) shall include-
(a) Heads of private schools ;
(b) representatives of the organisations of teachers of the private schools ;
(c) managers of the private schools ;
(d) representatives of parents or guardians of students of private schools ;
and
(e) eminent educationists.
(4) The Advisory Board shall regulate its own procedure.
(5) The term 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.
Delegation of powers of Government
46. (1) The Government may, by notification, authorise any authority or officer to
exercise any of the powers vested in them by this Act except the power to make rules
and may in like manner withdraw such authority.
(2) The exercise of any power delegated under sub-section (1) shall be subject to
such restrictions and conditions as may be prescribed or as may be specified in the
notification and also to control and revision by the Government or by such authority or
officer as may be empowered by it in this behalf and the Government shall also have
the power to control and revise the acts or proceedings of any authority or officer so
empowered.
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Civil Court not to decide questions under this Act
47. 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.
Indemnity
48. (1) No suit or other proceedings shall lie against the Government for any act
done or purporting to be done under this Act or any rule made thereunder.
(2) (a) No suit, prosecution or other proceeding shall lie against any authority,
officer or servant of the Government for any act done or purporting to be done under
this Act or any rule made thereunder without the previous sanction of the Government.
(b) No authority or officer or servant of the Government shall be liable in
respect of any such act in any civil or criminal proceeding if the act was done in good
faith in the course of the execution of the duties or the discharge of the functions
imposed by or under this Act.
(3) No suit, prosecution or other proceeding shall be instituted against any
authority or officer or servant of the Government for any act done or purporting to be
done under this Act or any rule made thereunder after the date of the expiry of six
months from the date of the act complained of.
Power to make rules
49. (1) The Government may, 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 Government in
the Union territory of Puducherry ;
(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 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 ;
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(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 Government against an order made in relation to the
transfer, mortgage or lease 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 private schools;
(q) admission 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, traveling and other allowances payable to the
members of the Advisory Board ;
(u) financial and other returns to be filed by the educational agency or the
manager of 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
private school ;
(x) fees, 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 the Legislative Assembly of Puducherry while it is in session for a total
period of fifteen 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 the Legislative Assembly agrees in making
any modification in the rule or agrees that the rules 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 annulment shall be without prejudice to the
validity of anything previously done under that rule.
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Power to remove difficulties
50. It any difficulty arises in giving effect to the provisions of this Act, the
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.
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STATEMENT OF OBJECTS AND REASONS FOR ACT NO.9 OF 1987
The pattern of education imparted in the Union territory is heterogeneous in nature in
view of the peculiar geographical situation. The Puducherry and Karaikal regions which are
surrounded by the Tamil Nadu areas and which have adopted Tamil as the regional language
follow the pattern of education obtaining in Tamil Nadu. The Mahe region follows the pattern
of Kerala and the Yanam region follows that of Andhra Pradesh. The schools in these regions
are affiliated to the Boards of Education of the State to which they are adjacent. The Education
Department has been adopting the educational rules of the adjacent States which are mostly
executive in nature. This administration is also sanctioning substantial amount to the private
educational institutions by way of grant-in-aid and for this purpose, the Government have
framed, with the approval of the Government of India, grant-in-aid code regulating sanction of
this aid to the private educational institutions. This code is also only executive in nature.
2. In order to achieve uniformity in the standard of education and also to exercise proper
control over the functions of the private schools and also in other matters incidental thereto, it
has been proposed to bring a comprehensive legislation called "The Puducherry School
Education Bill, 1987" in our Legislative Assembly.
3. The above Bill seeks to achieve the above objects.
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About this act
- Jurisdiction
- puducherry
- Enactment date
- 1987-10-20
- Sections available
- Document reader
India Code, Government of India. Text fetched 14 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.