Legal Question in Constitutional Law in India

Dear Sir/Madam,

Can I ask one simple question that any school be it private or Govt. Do have any authority to ask for Indemnity Bond Like this one as reproduced below from the parents/guardian of the children seeking admission to the school, what are the legal implications and what moral effects does it have? Is it just a matter in between school authorities and the parents or is there any law, constitutional provision or clause to prevent schools doing such practices?

1. This indemnity bond cum declaration is executed on this --------------------day of ---------------------------- month of ------------------------year by -------------------- son of -------------------- resident of ------------------------------------------------------------------(hereafter referred to as the �indemnitor�, which expression shall, unless excluded by the context or the meaning thereof, be deemed to include his/her heirs, executors, administrators and legal representatives), AND IN FAVOUR OF THE FOLLOWING :-

The ------------------------------------------and all its --------------------------------------------------------------------- and its Principal, and all the above named are hereinafter referred to as �indemniteess�.

2. WHEREAS the Indemnitor is the father /mother/guardian of ---------------------------------------------------------- years resident of -------------------------------------------------------------------- and in his/her capacity as such, had made an application to the Principal,-------------------------------------------for admission of the aforesaid child, to --------------------------------------------------------------------------.

3. WHEREAS on the faith and representation made to it, the Principal,----------------------------------------------has agreed to grant admission to the above named ward of the Indemnitor subject to the Indemnitor giving such indemnity, as is hereinafter contained and keeping the indemnitees harmless from any claim, action, demand, proceedings etc. Which anyone, whomsoever, may, at any time, institute against the Indemnitees in respect of and for the entire period or any part thereof, that the above named ward/student continues to remain admitted to ----------------------------------------------------------------------, upon assignment of Roll No. -------------------------------------------------.

4. WHEREAS the Indemnitor executes the present indemnity freely and sincerely, knowing fully well that on the faith thereof, the admission to the above named ward of the Indemnitor has been granted.

5. Now this deed witnesses that in consideration of the Principal, -------------------------------------------------------------- agreeing to grand admission to the above named ward of the Indemnitor, the Indemnitor hereby convenants with the Indemnitees that he/she will at all times Indemnify and keep harmless the said Indemnitees from all claims, actions, demands, proceedings etc. And all actions and proceedings instituted against the said Indemnitees by anyone, whomsoever, in respect of and for the entire period of any part thereof, that the above named ward/student continues to remain admitted to -----------------------------------------, on any ground whatsoever.

6. The indemnator hereby further declare and undertakes as under :-

A) That the Principal of the school is the sole authority to take final decision in respect of any kind of disciplinary action against the ward of the indemnaor and its decision shall be final and irrevocable.

B) That the Principal of the school shall have all powers to take decision of suspension/removal, if the ward(student) of the indemnator break the discipline of the school including misbehavior with class teacher, passing derogatory/obscene remarks against staff member/teacher/class-mates in any form including electronic media/Internet/pamphlets/SMS and MMS etc. And would indulge in any type of anti-social activities, fight with classmates in and outside school premises

C) That the indemnator undertakes that their wards would not carry any type of weapons/mobile phones/headphones/intoxicants/Electronic Games/Data carrying material I.e. Pen drive during their presence/stay in the school premises. If the wards/students are found to have such type of thing with him/her, they would be removed from the school with red entry in their character certificate.

D) That the indemnator undertakes that their wards will not cause any type of damage to the school building including equipments/computers/furniture/scientific instruments etc. If they fail to obey and cause damage, they would be strictly punished and loss to the property of the school will be liable to be recovered from the indemnator.

E) That the school will not be liable for any damage/charges on account of injuries, which may be sustained to the wards of the indemnator at any time during their stay in the school, while taking part in studies, sports, treks and co-curricular activities including commutation by school transport, if any first-aid expense in incurred outside the school premises, same would be chargeable from the indemnator.

F) That if the ward of the indemnator found to have opening/viewing any obscene website/face book/E-mail on Internet during his/her stay in the computer Laboratory, he/she would be removed immediately from the school and his/her security amount would be forfeited.

G) That a ward/student of indemnator involved in any immoral act is liable to be expelled from the School without any warning and there will be no reconsideration whatsoever.

H) That the ward of indemnator is not permitted to possess any vulgar reading/viewing material. If found he/she is liable for expulsion from the School.

I) The School reserves that the right to ask a student to leave on disciplinary grounds. The Principal�s decision in this regard, will be final. In the event of the above, the parents/guardian will have to collect the ward immediately or otherwise the student will be escorted to parent/guardian�s residence by a member of the school staff, in which case the travel expenses of the student and escort will be borne by the parents.

j) That there will be no refund of fees in cases when the ward of indemnator has been expelled or on disciplinary grounds.

IN WITNESS WHEREOF the indemnitor Mr./Mrs./Ms. ������son/daughter/wife of ������.resident of �����.has signed and delivered this bond-cum declaration on this������� day of ������..2013

WITNESS

1. ��������..

2. �����������

INDEMNITOR/EXECUTANT

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