Order for removal diffculties duties

REGD. No. D. L.-33002/99 GOVERNMENT OF INDIA Delhi Gazette SG-DL-E-01022026-269740 EXTRAORDINARY PUBLISHED BY AUTHORITY No. 30] DELHI, SUNDAY, FEBRUARY 1, 2026/MAGHA 12, 1947 [N. C. T. D. No. 444 PART IV GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI 670 DG/2026 EDUCATION DEPARTMENT NOTIFICATION Delhi, the 1st February, 2026 No. F. DE.15(375)/PSB/2025/450.—WHEREAS, the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025 (hereinafter referred to as "the Act") has come into force vide notification dated 10.12.2025 to ensure transparency in fixation and regulation of fees by schools in the National Capital Territory of Delhi; and WHEREAS, the Delhi School Education (Transparency in Fixation and Regulation of Fees) Rules, 2025 (hereinafter referred to as "the Rules") have been notified on 10.12.2025 to operationalise the provisions of the Act; and WHEREAS, the Act mandates the constitution of a School Level Fee Regulation Committee (SLFRC) in every school and prescribes its composition, procedure and functions, including participation of parents and teachers; and WHEREAS, Section 21(1) of the Act provides that if any difficulty arises in giving effect to any of the provisions of the Act, the Government may as occasion arises, by an order published in the Official Gazette do anything not inconsistent with the provisions of the Act which appears to it to be necessary or expedient for the purpose of removing the difficulty; and WHEREAS, the first proviso to Section 21(1) provides that no such order shall be made after the expiry of a period of two years from the date of commencement of the Act; and WHEREAS, a removal of difficulty clause is enacted in a statute to further object of the statute and to deal with teething issues in the initial few years; WHEREAS, the Hon’ble Supreme Court in Madeva Upendra Sinai vs. Union of India (1975) 3 SCC 765 noted that with heavy demands on time of the legislature and the endurance and skill of the draftsman, it is well-nigh impossible to foresee all the circumstances to deal with which a statute is enacted for or to anticipate all the difficulties that might arise in its working due to peculiar factors and this is particularly true when Parliament undertakes legislation which gives a new dimension to socio-economic activities of the State and therefore, in order to obviate the necessity of approaching the legislature for removal of every difficulty encountered in the enforcement of a statute, the legislature by way of a removal of difficulties clause, invests the executive with the power to make adaptations and adjustments in the statute for making its implementation effective; and WHEREAS, some difficulties have arisen in the implementation of the Act to academic year 2025-26 since the Act contemplates the constitution of the SLFRC by the 15th of July of the academic year which was not possible for academic year 2025-26 since the Act itself was notified and brought into force only on 10.12.2025; and WHEREAS, by way of the present Removal of the Difficulties Order, it is intended to give effect to the Act as well as the legislative intent for the block of three academic years commencing from 2026-27 and fix appropriate timelines for constitution of the State Level Fee Regulation Committee and the consequential obligations under the Act on the respective stakeholders; and WHEREAS, it appears that some difficulties would also arise with respect to collection of fee for the intervening period between the expiry of one block of three academic years and the fixation of fee for the succeeding block of three academic years; and THEREFORE, in exercise of the powers conferred by Section 21 of the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025 (Delhi Act 04 of 2025), and in continuation of Notification dated the 10.12.2025, the Lieutenant Governor of the National Capital Territory of Delhi hereby makes the following Order to remove difficulties arising in the implementation of the provisions relating to the constitution of Committees under the said Act and the Rules framed thereunder: - 1. Short title and commencement.- (1) This Order may be called the Delhi School Education (Removal of Difficulties) Order, 2026. (2) It shall come into force with effect from the date of publication in the Delhi Gazette Extraordinary. 2. Definitions.- In this Order, unless the context otherwise requires, - (a) "Act" means the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025; (b) "Rules" means the Delhi School Education (Transparency in Fixation and Regulation of Fees) Rules, 2025; (c) "Notification” means the Notification No. DE.15(281)/Act-1/2013/Pt.File-I/9507-9515 dated 10.12.2025 issued by the Education Department, Government of NCT of Delhi. 3. Removal of difficulties in constitution of Committees for a block of three (3) academic years commencing from 2026-27. (1) Notwithstanding anything contained in the Act or the Rules, every school, as defined under the Act shall, constitute the School-Level Fee Regulation Committee (SLFRC) in accordance with Section 4 of the Act and Rule 4 of the Rules, within a period of ten (10) days from the date of publication of this Order in the Delhi Gazette (hereinafter referred to as the 'extended period'). Any SLFRC already constituted under the Order dated 24.12.2025 shall be deemed to have been constituted under the present Order. (2) On constitution of the SLFRC under Clause (1), the Management shall within a period not exceeding fourteen (14) days, submit details of the proposed fee for the next block of three academic years starting from academic year 2026-27 and the SLFRC shall proceed to fix the fee in accordance with sub-sections (4) and (5) of Section 5 of the Act and the timelines prescribed thereunder. (3) The Director of Education, Government of NCT of Delhi, shall constitute the District Fee Appellate Committee (DFAC) for each Education District as per Section 6 of the Act and Rule 10 of the Rules, within a period of thirty (30) days from the date of publication of this Order in the Delhi Gazette. (4) The timelines prescribed under sub-clauses (1), (2), (3) and (4) above shall apply exclusively for the immediately next block of three academic years i.e., the block of three academic years starting from academic year 2026-27 only, and for all subsequent blocks of three academic years, the timelines as provided under the Act and the Rules shall be adhered to strictly. (5) Till the fee is fixed for the next block of three years in terms of the Act as well as the aforesaid provisions, the schools shall not charge any fees over and above the fee already being charged w.e.f. 01.04.2025 by the respective schools. (6) Any exorbitant fee charged by schools for the academic year 2025-26 shall be regulated and dealt with in accordance with law subject to the final outcome of the proceedings challenging the vires of the Act and the Rules presently pending before the Hon'ble High Court of Delhi and the Hon'ble Supreme Court of India. 4. Removal of difficulties relating to the period between the expiry of one block of three years and approval of fee for the next block of three years.- (1) On expiry of a block of three years for which fee has been fixed in accordance with the provisions of the Act, no school shall charge any fee exceeding that which was fixed for the last of the preceding block of three years, until the fee for the next block of three years has been fixed in accordance with the provisions of the Act. (2) Any fee so collected by the Management during the intervening period between the expiry of one block of three years and the fixing of fee for the next block of three years, shall be adjusted against the fee which become collectible pursuant to the fixing of fee under the Act. 5. Directions to authorities and schools.- All concerned authorities, including the Director of Education and the managements of all schools, shall take immediate steps to comply with the timelines specified in this Order. Failure to comply shall invite appropriate administrative and regulatory action as provided under the Act and the Rules. 6. Saving.- Nothing contained in this Order shall affect the validity of any action taken or proceeding commenced in accordance with the provisions of the Act and the Rules before the commencement of this Order. By Order and in the Name of Lt. Governor of National Capital Territory of Delhi, HARSHIT JAIN, Jt. Secy. (Education) Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. GORAKHA NATH YADAVA Digitally signed by GORAKHA NATH YADAVA Date: 2026.02.01 15:50:40 +05'30'