Haryana Amends School Education Act, Revising Fund Management and Omitting Key Provisions

The Haryana School Education (Amendment) Act, 2023, an amendment to the Haryana School Education Act, 1995, received the assent of the Governor of Haryana on April 12, 2023, and was subsequently published in the Haryana Government Gazette on April 27, 2023, thereby coming into force. This legislative instrument was enacted to further modify the principal Act, introducing significant changes to the regulatory framework governing school education in the state. The Act primarily impacts recognized schools, their managing committees, and the Director of School Education.

Key provisions of the amendment include the omission of several clauses and sections from the principal Act. Specifically, clauses (b) and (c) of section 2, and item (ii) of clause (d) of section 2 were removed. Sections 6, 8, 9, 10, and 11 of the principal Act were entirely omitted. Furthermore, sub-sections (1) and (2) of section 7, and sub-sections (1) and (2) of section 16 were also removed. Clause (a) of sub-section (4) of section 21 was omitted, and in sub-section (2) of section 24, clause (k) was omitted, while the words "by an aided school" were substituted with "by a school," broadening the scope of that provision. A notable change also occurred in sub-section (1) of section 18, where the word "aided" was omitted.

The most substantial alteration involves the substitution of section 17, which now exclusively deals with "School funds." This new section mandates that every recognized school shall maintain a School Fund comprising fees, charges, payments for specified purposes, and other contributions, endowments, and gifts. It stipulates strict guidelines for the utilization of these funds, requiring income from fees to be used solely for prescribed educational purposes, and other receipts for their specific intended purposes, with unspecified gifts to be used for academic purposes. The Managing Committee of every recognised school is now required to file annual audited financial and other returns with the Director, as may be prescribed, with such returns to be audited by a prescribed authority.

The legislative intent behind the Haryana School Education (Amendment) Act, 2023, appears to be a comprehensive overhaul and streamlining of certain regulatory aspects within the state's education system, particularly concerning the financial management of schools. The earlier legal position, as established by the Haryana School Education Act, 1995 (referred to as Haryana Act 12 of 1999 in the amendment text), contained provisions that are now deemed either redundant or in need of revision. The amendments address potential statutory gaps and limitations, especially regarding the transparency and accountability of school finances. By substituting section 17, the Act aims to introduce a more robust and explicit framework for the collection, utilization, and auditing of school funds, ensuring that financial resources are directed towards educational and academic objectives.

The removal of the term "aided" from certain sections, such as section 18(1) and section 24(2)(p), suggests a policy rationale to potentially harmonize regulations across different types of schools, reducing distinctions between government-aided and other recognized schools in specific contexts. The omission of numerous sections (e.g., 6, 7, 8, 9, 10, 11, 16) indicates a legislative decision to either remove outdated provisions or to consolidate regulatory powers elsewhere, thereby simplifying the statutory framework. The legislation provided: “Income derived by recognised school by way of fees shall be utilised only for such educational purposes, as may be prescribed; and 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. The unspecified gifts shall also be used for academic purpose.” This core principle underscores the Act's focus on ensuring that financial contributions to schools are used transparently and solely for educational advancement. The new requirement for annual audited financial returns serves as a key enforcement mechanism, empowering the Director to monitor compliance and ensure fiscal responsibility within recognized educational institutions. The amendments introduce new obligations for school managing committees regarding financial reporting and accountability, thereby strengthening governance in the education sector.

Keywords: Haryana School Education Act, 2023, School Funds, Education Amendment, Haryana Legislation, School Finance, Recognized Schools, Education Governance, Haryana Act 18 of 2023, School Auditing
Geo Tags: India, Haryana
District: Not Applicable