LexThe Right of Children to Free And Compulsory Education Act 2009
Madhya Pradesh · state statute
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THE GAZETTE OF INDIA : EXTRAORDINARY fl'uri 11- SI( .3001
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. 2009 (2009 Sr
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NOTIFICATION
New Delhi, die ibth F (ha:sr!, 2111 t
). 1.281 E).— In exercise of the powers conferred by sub-section (3) of section 1 of the
Right of Children to Free and Compulsory Education Act. 2009 (35 of 2009), the Centra!
Government hereby appoints the 1' t day of April. 2010 as the date on which the
provisions of the said Act shall come into force.
[1 No 1-1 ; -:;
A‘,S111 VA!‘11.1/4u-s.
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itnted Mair4a, ;nag: PR,s..
and Patiwhtd ermtivtIct 01 l'uNi.:A“,1- rh,-!:‘•;frrl
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tfttate ttAt• fa..7--d--(v.)o4r000trxto- REGISTERED O. DI.—(NIO4l0007/7.003-09
3•171, 7171
DaRA.ORDINAR
ciT9 li--fl i
.- PA RT 11 — Section I
PUBLISHED BY AUTHORITY
*191 71, fe,erit, latar •en 27, 2009/7% 5, 1931 •
No. 301 NEV DELHI, 11{URSDAY, AUGUST 27, 2009 / BHA D RA 5, 1931
tiFt 7 5e7 ersa fl€71" rn-Fn ivbei-r*ir ,rif; -7:5 11-43-4 I
Separate paging is phaen to thisl'art in order that it may be filed as a aeparate compilation.
MINISTRY OF LAW AND .TUSTICE
(Legislative Department)
New the 27th A ugust.2009/8hadto 5. 1931 (Saki)
The following Act of Parliament received the assent of the President on the
2601 August. 2009, and is hereby published for general information:—
THE RIGHT OF CHILDREN TO FREEAND COMPULSORY
EDUCATION ACT, 2009
No. 35 or - 2009
126th August. 20091
A nAct to provide for free and compulsory education to all children of the
age of s ix to fourteen years.
Be it enacted byflg rlinnieni in thc.Sbnictli Year of the Republic ofinclia as folios
CHAPTER I
PRE1.1;:iNARy
t.(!)'tliisAct.maybceallcdthc Right of Children 10 Free and Compulsory Education
Ac'. 2009.
(2)11 shall extend to the whole of lnd ia except the State orlammu and Kashmir,
(3) it shall come into forct on such date as the Central Government may, by
notification in the Official Gazette, appoint.
Shan title,
cticni sod
torntotocc-
thent
••11
.11
;it
THE GAZETTE OF INDIA EXTRAORDINARY (Para II-
Definitions 2, In this Act, unless the context otherwise requires,—
(ii)."appropriate Government" means—
(i) initiation to a school established, owned or controlled by the Central
Government, or the admin istrator of the Union territory, having no legislature,
the Central Government;
(if) in relation to a school, other than the school referred to in sub-
clause (0, established within the territory of—
(A) a State, the State Government;
(8)e Union territory having legislature, the Government of that
Union territory:
"capitation fee" means any kind of donation or contribution or payment
other than the fee notified by the school;
'child" means a male Or female child of the age of six to fourteen years;
Of,) "child belonging to disadvantaged group" means a child belonging to
the Scheduled Caste. the Scheduled Tribe,the socially and educationally backward
class or such other gioup having disadvantage owing to social, cultural, ttonomical,
geographical, linguistic, gender or such other factor, as may be specified by the
appropriate Government, by notification;
"child belonging to weaker section" means a child belonging to such
parent or guardian whose annual income is lower than the minimum limit specified
by the appropriate Government, by notification;
"elementary education" means the attention from first class to eighth
class:
"guardian", in relation to a child, means a Ocrson having the care and
custody of that child and includes a naturalluardian or guardian appointed or
declared by a court or a statute;
(JO "local authority" means a Municipal Corporation or Municipal Council or
Zito Parishad or Nagar Panchayat or Panchayar, by whatever name called, and
includes such other authority or body having administrative control over the school
or empowered by or under any law for the time being in force to function as a local
authority in any city, town ur village;
(i) 'National Commission for Protection ofChild Rights" means the National
Commission for Protection of Child Rights constituted under section 3 of the
Commissions for Protection of Child Rights Att, 2005;
(1) "notification' means a notification published in the Official Gazette:
(k) "parent" means either the natural or step or adoptive father or mother of
8 child;
(I) "prescribed" means prescribed by rules made under this Act,
(in) "Schedule" means the Schedule. annexed to this Act:
(a) "school" means any recognised school imparting elementary education
and Mc tufts—
(I) a school established, owned or controlled by the appropriate
Government or a local authority.;
Cu) an aided school receiving aid or grants to meet whole or part of its
expenses from the appropriate Government or the local authority:
WO a school belonging to specified categorv; and
(iv) an unaided school,not receiving any kind of aid or grants to meet
its expenses from the appropriate Government or the local authority:
(a) "screening procedure" means the method of selection fbr admission of a
child, in piefereneetver another, other than a random method: .
of 2010
SEC. THE GAZETTE OF NM EXTRAORDINARY
"specified category", in relation to a school, means a school known as
Kendrir Vidyaltiya, Navodaya Vidralaytt,.Sainik School or any other school having
a distinct Character which may be specified, by notification. by the Appropriate
Government;
'State Commission for Protection of Child Rights" [nears the State
Commission for Protection of Child Rights constituted under section 3 or thy
Commissions for Protection of Child ft iglus Act, 2005.
. CHAP:PERM
Thant in FRU OD COMPULSORY EDUCATION
3. (1) Every child of the nee of six to fourteen years shall have a right to free and
conmulsory education inn .neifthbourhood school till completion ofe lenient/1r y education.
(2) For the purpose ofsub-section (I), no child shall be liable to pay any kind of fee
or charges 'or expenses which may preventhim or her from pursuing and. completing the
elementary education'.
Provided that a child suffering from disability, as defined in clause (0 ofseetion 2 of
the Persons with Disabilities (Equal Opportunities, Protection end Full Participation)
el 199:$
Act. 1996. shall have the right to pursue freiand compulsory elementary education in
accordance with the provision; et -chapter V , of the said Act.
4. Where. a child above six ymrs of age ties not been admitted in any school or
though admitted, could not complete his or her elementary education, then, he or She
shalt be admitted in s Hass .appropriate to his or her age:
Provided that where a child is directly admitted in a class appropriate to his or her
age, then, he or she shall, in order to he at par with others, have. a dell to receive special
training, in such manner, and within such rime-limits, RS may be prescribed:
Provided further that a child so admitted to elementary education shall be vitiated
to free education till completion of elementary education even after fourteen years.
5. (I) Where in a school, there is no provision for completion of elementary
education, a child shall have a richt to seek transfer to any ocher school, excluding the
school specified in sub-clauses WO and (iv) of clause (n)of section 2, for completing his
or her elementary education.
(2) Where n child isrequired to move from one school to another, Stet . voilhin it
State or outside. 'for arty reason whatsoever, such child shall have a right to seek trntisfer
to arty other sehool, excluding the school specified in sub-clauses,(110 and (iv) of
$ clause (») of section 2, for completing his other elementary education..
(3) rot seeking admission in such other school, the Head-teacher or in-charge of the
school where such child was hm admitted, shall immediately See die transfer certificate:
Provided that delay In producing transfer certificate shall not be aground fareither
delaying or denying admission_ in such other school:
Provided funherthat the Read-tcacheror in-charge of the school' de iaying issuance
of transfer certificate shall be liable for disciplinary action under the service rules
Applicable to hinfor her.
CRAFTER III
Donn OP APPROPRIATE GOYERNMPNT, LOCAL AUTHORITY Aq0 mochas
6. For carrying out the provisions alibis Act, the appropriate Government and the
local authority shall establish, within such area or limits of neighbourhood, as may be
prescribed, n school, where it isnot so established, within a period of three years Cronyhe
commencement °fails Act.
4 er 2006
Right of ;Told
to 1:dc rut
CoMputzury
cduct: co
Sptrul
prat ram for
thadtra no:
tdmItice
or s'ho haw:
HOt
coupled,
elementary
cduculon
Rig: of
transit: to
other :$$:.:oot
flat' or.
applopritHe
Gov:mow:It
arid locsit
nuthnstry In
istanliab
school.
1!
Stanny, of 7. (!)TM: Central Government and the State Governments shall have concurrent
financuil 4:1 responsibility for providinc funds for carrying out the provisions of this Act.
attic:
tarnntibiltit* (2) The Central Government shall prepare the estimates or capital And recurring
expenditure For the implementation of the provisions of the Act.
The Central Government shall provide to the State Governments, as grants-in-
aid of rtivenuet. such perctmage of expenditure referred to in sub-leesiort (2) es it may
determine, from time to time, in consultation with the State GoVCrullett 1S.
The Central GOYCIIIMMITISayrrteke a request to the Preside% to Make a fefornrc
to the'Finanee Commission under sub-clause (d)of ctatise (3lora/tide 28(1 to examine the
need For additional resources to be provided to any State Gctvernment so that the said
Stott Government may provide its share or funds fur carrying imn the provisions of the
Act_
Notwithstanding anything contained in sub-section (4). the State Government
shall. raking initiconsideration -the sums provided by -the Central Government to a Stele
Government -under sub-section (3), and its other resources, be resrsonsible to pcovide
funds for implementation at -the provisions of the Act.
(6)The Central Governmem shall - -
(a) develop a framework of national curriculum with the help or n. -ailernie
authority specified under section 79:
develop and enforce standards for.haining of se,chers;
(c) provide ttchnical support and resources to the Sate Government for
prommine innovations, researches, .planning and capacity Wilding.
Ovum of 8. The appropriate Government shall—
epereemoe
never:mem (a) provide free and compulsory elementary education to every child.
Provided that where a child is admitted by his or her parents or guardian, as
the case may be, in a school other than a school established, owned, controlled or
substantially Financed by funds provided directly or induced) by the appropriate
Government or reload authority, such child or his or her patent.c ix guardian, as the
ca.somay be, shall not he entitled to make a claim for reimbursement or expenditure
incurred on elementary education bruit child in such other sticool. •
Alvdoourion.--The term "compulsory education" means °blip :Athol of the appropriate Government to—
(s) provide free elementary edneation to every child of the age °Isis:- to
fourteen years: and .
(i0 ensure -compulsory admission, attendance and -completion of
elementary education by every child of the age of six to rourietm years:
(h) ensure availability of a -neighbourhood school ns specified in section 6:
(c)triture that the child belonging to weaker section and the child belonging
to distils-wormed group are not discriminated against and prevented from pursuing and completinc elememary education on any grounds:
(rf) provide infrastructure including school building, matting stafrand teaming
equipment;
(e) provide special training facility specified in section 4;
- CI) ensure and monitor admission, attendance and completion ordementary
education by every child:
(g) ensure good elementary education conforming to the (oaridarro, and norms specified in the Schedule:
THE GAZETTE OF 3NDlA EXTRAGRDNARY • Pgrt11.--
ste..11 Tim GAZETTE OF INDIA EXTRAORDINARY 5
1/0 ensure timely prescribing of curriculum and courses of studyfor elementary
education; and
(0 provide training facility for teachers.
9. Every local nuthorityshall —
provide free and compulsory elementaryeducation to every child:
'Provided that where a child is admitted by his or.her parenis LV guatelian, as
the case may be, in a sthool oilier than a school established, owned. controlled or
substantially financed by funds provided directly or indirectly by the appropriate
Government or a local authority, such child or his or her parents or guardian, us the
case may be, shall not be entitled to make a claim for reimbursement ofexpenditure
incurred on elementary education of the child in such other school;
ensute availability of a neighbourhood school as specified in section 6;
ensure that the child belonging to weaker sertion.and the child belonging
to disadvantaged group are not discriminated against and prevented from pursuing
and completing elementary education on any grounds;
(cf) maintain records of children up to the age of fourteen years residing
within its ;jurisdiction, in such mannerhs may be prescribed;
. (e) ensure rind monitor admission. attendance and comp)etion 'of elementary
education by every child residing within its jurisdiction;
Olprovide infrastructure including school building, teachingstall -and ;earning
material:
providespecial training facility specified in section 4:
CIO ensure good -quality elementary education conforming to the standards
and norms- specified in the Schedule:
(0 ensure timely prescribing of curriculum and courses of study for elementary
education:
(r) provide training facility for teachers;
(t) ensure admission of children o r migrant families;
(0 monitor functioning of schools within its jurisdiction; and
.(m)decidethe academic calendar.
ltshall be the duty of every parent or guardian to admit or cause to be admitted
his or her child or ward, as the case may be, to an • elementary education in the
neighbourhood school.
11, Witil a view to prepare children above the age of three years for elementary
education and in provide early childhood cure and education for all children until they
complete the age of six years, the appropriate Government may make necessary
arrangement for providing fie& pre.school education for such children.
CHAPTER IV
RTZPONSIRILITIU OF SCHOOLS AND TEACHERS
12. (1) Fat the purposes of this Act, a school,—
(a) specified in sub-clause (i)orelause (a) °Indian2 shall prnvide free and
compulsory elementary education to n11 children admitted therein;
specified in sub-clause (ii) of clause (n) of section 2 Shall provide free and
compulsory elemenntry education to such proportion of children admitted therein
as its annual recurring aid or grants so received bears lo its annual recurring
expenses, subject to a minimtnn or twenty-five per cent.:
(e) specified in sub-clauses (ill) and (iv) or clause (n) ofsection 2 shall Minh
in class I. to the extent of at least twenty-five per cent of the strength of that class.
children belOnging to weaker section and disadvantaged group in the
Defies of total
authority
Duty of
patents and
guardian.
Appropriate
Gneernmen1
ID provide fa:
pre.:.chool
education
Extrai of
hoors
tcsponsittary
for ITV: anti
education
I "
frit
'
THE GA7jE1 ii OF INDIA EkTRAORDINARY fPlurr117
neighbourhood and provide free and compulsory elementary education till its
completion:
Provided further that where a school specified in clause (n) of section
impaits pre-school education, the provisions of clauses (a) to (e) shall apply for
admission to such preschool eilticOtion.
(2) The. school specified in sub•clause (iv) oft louse (n) of section 2 providing flee
and compulsory elementary education as specified in Clause. (c) of sub-section (I) shall
be reimbursed expenditure so incurred by it to the extent of per-child-expenditure incurred
by the State, or the actual amount Charged from the child:whichever is less, in such
manner as may be prescribed:
Provided that such reinibursement shall not exceed per-child-expenditure incurred
by a school specified in sula-elause. (0 of clause (n) or tccien 2:
' Provided further thut . where such school is already under obligation to provide free
education to a specified number or children onoccount of it having received any land.
building, equipment or other facilities. either free of cost or at a concessional rate, 'such
schootshall not be entitled for reimbursement to the extent of such obligation.
0) Everyschool Shallpiovide such information as may be required by the appropriate
Government on the local authority, as.the case may he.
13. (i) No school or person shall, while admitting a child, collect any capitation fee
and subject the child or his Or her parents ot guardian to any screening procedure..
(2) Any school or person, if in contravention of the provisions of sub-
section (I),—
(a)receiVes capitation fee, shall be pun ishable with fine which may extend to
ten times the capitation fee charged;
(0 subjects a child to screening prom-dare. shall be punishable with fine
lthich may extend to twenty-five thousand rupees for the first contravention and
fifty thousand rupees for each subsequent contraventions.
.14. (/) For the purposes of admission to elementary education, the age era child
shall he determined on the basis of birth certificate issued in accordance with the
provisions of the Births. Omaha and Marriages Registrnt ion Act, ISSG or on the basis of
such other document, RS may be prescribed.
(2) No child shall be denied admission inn school for lack of age. proof.
Na dental of • 15. A child Shall be admitted inn school ot.the commencement or the academic year
adroirt Ion or within such emended period as may he prescribed:
Provided that no child shall be denied admission if such admission is sough;
subsequent in the extended period:
Provided further that any child admitted after the extended period shall complete
his -studfes in such manner as may be prescribed by.the.rippropriato Government.
Frohrhitiao f 16. No child admitted in a school shall be held back in any class or expelled from
bola ir back school till the cOrripletion.of [elementary education.
ind
Prohibition Pf 11. No child shall be subjected to physical punishment or mental harassment.
physical (2) Whoever contravenes the provisions of sub-section (I) shall be liable to punishment
and menial disciplinary action under the service rules applicable to such person.
harassment to
child
Nu Sem& In .18. (I) No school, other than a school established, owned or controlled by the
be established appropriate Government or the Meal authority, shall, after the co min ence.mc m ofthiS Aet.
wtdumt be established or function, without obtaining a certificate of recognition from such
oh-analog authority, by making an application in such form and manner, as may he prescribed.
cMilicate or
tecorniton .(2.) The authority prescribed under sub-section (I) shall issue the certificate of
recognition in such form, within such period, in such manner, and subject to such
conditions, as may be prescribed:
Na rapilntimt
fee hod
resettling
;need= for
atbnirsion
Proof of :iv
for *donation.
uf 159.6
Sac_ 1) THE GAWITE. OF INDIA EXTRAORDINARY 7
Provided that no such recognition shall -be granted to a school unless it fulfils
norms and standards sire -cilia under section' i9.
On the contravention of the conditions of recognition, the prescribed authority
shall, by an order in svriting, withdraw recognition:
Provided that such order shalleontitin a direction as to which of the neighbourhood
school, the children studying in the dere:cognised School. shall be admitted:
. Provided further Met no recognition shall be so withdrawn without giving an
opportunity of being heard to such school, hi such manner, as may he proscribed.
With effect 5am the date o I withdrawal of thetecognition under tub-section (3).
no such school shall continue to function.
Any person who establishes or runs a school without obtaining certificate of
recognition, or continues to run a school slier withdrawal of recognition, shall be liable to
fine which may extend to one latch rupees and in case ofcontinuing contraventions, ton
fine of ten thousand rupees for each day during which such contravention !continues.
19. (1) No school shall be es-tablished, or.recognised,- under section 18, unless it Norms sod
lull% the norms and standards specified in the Schedule. sutheardi for
school.
(2) Where a school established before the commencement °Nils Act does noithlfil
the norms and standards specified in the Schedule, it shall take steps to fulfil such norms
and standards at its own expenses, within a period of three years from the date of such
cornmencement,
Where o school. fails to rulnl the norms and standards within the period
specified under soh-section (2), the authority prescribed tinder sub-section (J) of section
IS shall withdraw recognition granted to such school in the manner specified under
sub-section (3) thereof.
With effect from the date of withdrawal of recognition under sub-sectional), no
stool shall continue to function.
Any person whotorninum tO run a school after the recognition is withdrawn.
shall be liable to fine which may extend to one lakh wets and in case of continuing
contraventions. to a fine of ten thousand rupees for each day during which such
contravention continues.
20. The Central Government may. by notification, amend the Schedule by adding
01 omitting therefrom, any norms and standards.
21. (.0 A school, other than a school specified hi sub-clause (iv) of clause (n) of
section 2 ; shall constitute. a School Management Committee consisting of the elected
representatives of the local authority, parents or guardians of children admitted in such
school and teachers: . .
Provided that atie.ast three-fourth of members of such Committee shall be parents
or guardians:
Provided further that proportionate representation shall he given to the parents or
guardians of children belonging to disadvantaged group and wealth: section:
Provided also that fifty per cent. of tvlernbers orsuch Committee shall he s s omen.
(2) The School Management Committee shall perform the following functions.
namely:—
monitor the working of the school:
prepare and recommend school development plan;
monitor the utilisation of the grants received from the appropriate
Government or local authority or any other source; and
(a') perform such other functions as may be prescribed.
22. (I) EverySchool Mantthement Committee, constituted under sub-section (1)nc
section 21, shrill prepare a School Development Plan ; in such manner as may be prescribed.
(1) The School Development Plan so prepared under sob-section (I) shall be the
basis for the plans and grants to be made by the appropriate Government or local authority,
as the case may be.
POwa 10
School&
School
Mesta gentcni
Co man
: I.1
School
:to chip:root
Plan.
THE (mans OF INDIA EXTRAORDINARY !PART .
23. (I) Any person possessing such.minimum qualifications; as laid down by an
academic authority, authorised by -the Central GoVemment. by notification, shall be eligible
for appoinunent as a teacher.
(21 Where a State does not have adequate institutions offering courses or training
in teacher education, or teachers possessing minimum qualifications as laid down under
sub-section (1) are not available in sufficient numbers, the Central Government may, if it
deems necessary. by notification, relax the minimum qualifications required for appointment
as a teacher, .for such period, not exceeding five years, as may be specified in that
notification:
Provided that a teacher who, at the comniencement of this Act, does- no: possess
minimum qualifications as laid down under sub-section (1), Shall acquire such minimuni
qualifications within a period of five years.
(3) 1 he salary and allowances payable to, and the terms and conditions of service
of, teachers shall be such as may be prescribed.
2-it. (1) A leacher appointed under sub-section (1) of section 23 shall pcifoini the
followingduties, naniely:—
rw maintain regularity-and -punctuality in attending scliool;
(k) conduct and complete the curriculum in accordance with the provisions
of sub-section (2) of seztion 29;
(c) complete entire curriculum within the specified lime:
(r1) as,115.5 the learning ability of each child and accordingt:i supplement
additional instruttions, if any, as required; -
(0 holdregular meetings with parents and guardians and apprise them about
the regUlarlty in attendance, ability tn learn, progress made in leatnina and any
other relevant-information about the child; and
(n perform such'inher ditties as may be prescribed.
(2)A teacher committiire default in performance of duties specified in tub-section 01.
shall bc liable to disciplinary action under the service niles applicable to him or her:
Provided that before.taking such disciplinary action. reason,.ble importunity of
being heard shall be afforded to such teacher.
(3) The grievances, if any of the reacher shall be !redressed in such (winner:Lis ma)
be prescribed.
25. (I) Within sit months from the date oiconunencentent of this Act, the appropriate
Government and -the local authoriv shall ensure that the Pupil-Teacher Retro, as specified
in the Schedule, is maintained in each school.
(2) For the purpose of maintaining the Pupil-Teacher Ratio under sub-section (1
no teacher posted in a school shall he made to serve in any whet school or office or
deployed for any non-educational purpose, other than those specified in section 27.
26.'flic appointing authority, in relation to a school establislutd.otimed. controlled
or substantially financed by funds provided directly or indirectly the appropriate
Government or by a local -authority. shall ensure that vacancy of reacher in a school under
its control shall not exceed ten per cent;of thc total sanctioned strenruh.
27. No teacher shall be deployed for any non-educational purpose:. other than the
decennial population census, disaster relief duties or duties relating to i tee; iOnS 10 111e
local authority or the Stare Legislatures or Parliament, as the case may bt
LI;
. 1 ,
ii
; 1 I
Qualifications
for ncepunit.
meat end
tenth mid
conditions of
'mike or
teache:
Dunn of
tenehet; and
rn1 =sal of
gritoaaccs
Pupil-Trot-bet
RI;14)
Filling up
‘aerrocick at
teachers
Pri.hebiuen
ttep.ayrnent pf
ICIChts lot
11.1r.-ClitiCa•
lions! purposes.
Priatilnima of 28.No teacher Shall eneace himself or herself in private tuition oe private teaching -
rebate tertian , Activiav.
by kat kci
SFr— i] THE GAZETTE OF INMA EXTRAORDINARY 9
4 of ?ODA
CHAPTER V
CURTHCULUNI AND COMM:MON OF ELEMP:TAR? ITIGCMION
('1) The curriculum and the evaluation procedure for elementary education shall
. bc laid down by an academic authority to be specified bythe appropriate Government, by
notifiCation.
(2) The Academic authority, while laying down the currieuium and t1f evaluation
procedure under sub-section (1). shall take into Consideration the following, namely:—
Jai conformny with the values enshrined in the Constitution;
lb) all round development of the child;
it) building up child's knowledge. potentiality and talent:
(d) development of Physical and mental abilities to the fullest WO OH;
fe,) learning through activities, discovery and exploration in a child friendly
mid child-centered manner;
(f) medium of instructions shall, as far as practicable, be in child's mother
tongue;
t)z) making the child free of fem. tratnna and anxiety .d helpinc the child to
express views freely:
Oil comprehensive and continuous evaluation of child's untie; stand Ina of
knowledge and his or her ability to apply the same.
30. (0 No child shall be required to pass any Board exejiünation till completion of 1 'ulnurtalwr
elementary education. god
completion
(2)Evrry child ctunplaino his elementary education shell be awarded a et rtificate,
in such form and in such manner. as may be prescribed.
Cl IA IrrER VI
PR9TICTICi:: CH RIGHT OF DM DR.1::
31, (1) The National Conitnission for Protection of Child P.ichis constituted under thentietne 01
section 3, or, as the case may be, the Stare Commission for Protection of Child Rights rilaes right 10
constituted under section 17, of the Commissions for Protection of Child Rights c`l"" Iffin
Act, 2005, shall, in addition to thefunctions assigned to them under that Act, also perform
the following functions, namely:—
(a) examine and review the safeguards for rights provided by or under this
Act and recommend measures for their effective implementation;
inquire inin complaints relating to child's right to Free and compulsory
education, and
(cit take necessary steps as provided under sections 15 and ?A of the said
Commissions for Protection of Child Rights Act,
The said Commissions shall, while inquiring into any matters relating to child's
right to free and compulsory education under clause (c) of sub--section (1), have the
same powers as dozsigned to them respectively under sections I and 2. 2i of the said
Commissions for Protection of Child R ights Act.
Where me Stare Commission for Protection of Child Rights has not been
censiit sited in a Sc re,the appropnate Go' eminent may, for the put poste of -pa -Conning the
functions specified in clauses ("a) to (e) of sub-section (1), constitute such authority, in
such manner and subject to such temis and conditions, as may be prescribed.
32. (I) is:orwitlistanding anything contained in section 31, any person having any
grievance relating to the right era child under this Act may make a Written complaint to
the local authority having jurisdiction.
(2) Alter receiving the complaint under sub-section (N, the local authority shall
decide the miter within a period cifthree months after affording a reasonable opportunity
of being heard to the parties concerned.
Con mthut,
znd cirAlihmon
procciart
Rcdrz5o.i
IO
THE GAZE f E OF INDIA EXTRAORDINARY (Pm II:
Cion,!rtu Iron
of Natural
Advtiory
Conoco,
cons/mm.10 or
stye Azetisot):
Council
Power to issue
directions,
Pteviaus
unction Alt
prosecution
•
Prole:non or
nction taken
caul 11.1h
Sim c: ot
Br 11 re pfltlIC
ine t
ra lecke tole,
(3) Any person aggrieved by the decision of the local authority may prefer an
appeal to the State Commission for Protection nt Child Rights or the authorityprat tined
under sub-section (3) of section 31, us the case may be.
(4)Theoppeal preferred under sub-section (3) shrill bedecided by State Curnm ',sum;
for Prothetion of Child Rights or the authority prescribed under sub-section 0 ,
section ) I, as the CaPt may he, as provided under douse (Oaf sub-seakm (I) of seciire -, 3I-
33. (1) The Central Government shall constitute, by notification. a National Ad' isocy
Council, consisting of such number Of Members, not exceeding [Viten, as the CI ;cal
Government may deem necessary, to he appointed from amongst persons ha. mg
knowldge and practical experience' in the field of elementary education and cold
development.
The functions of the National Advisory Council shall beta advise. the I thus;
Government on implementation of the provisions of the Act in an effective marine;
The allowances and other tenns and conditions of the appointment of Mem-ices
of the 'National Advisory Council shall be such as may be prescribed
3-4. (I) The State Government shall constitute, by notification. a State Ad..
Council consisting of such number of Members, not exceeding fifteen, as the Steitz
Government may deem necessary, to be appointed from amongst perm& havine k nou led ee
and .practical &pentium in the field ofelementary education and child development.
The functions of the State Advisory council shall be to advise the Slam
Government on implementation of the provisions of the Act in an effective manner
The allowances and other terms and conditions or appointment of Members .st .
the State Advisory Council shall be such as may be prescribed
CHAPTERV.1d
MISCELLANBOUS
(1) The Central Government may issue such guidelines to the appropriate
Government or. as the case maybe, the local authority, as it decraS lit for the porno; es .9'
implementation ofthe provisions °filth Act.
(2) The :appropriate Government may issue guidelines and give such directions, as
it deems fit. to the local authority or the School Management Committee regattlini,
implementation of the provisions of this Act.
(V The local authority may issue guide/ines and give such directions, as it deems
fit. to the School fvf enactment Committer?regarding implementation of the provisions Of this Act..
Na prosecution for offirrie.rs punishable Under sub-section (2) of sectitth
sub-section (5) orsectiori IS and sub-Section' (5) of section 19 shall be instituted °tern
with the previous sanction of an officer nuthorised in this behalf, by the appropriate
Government. by notification.
No suit ar other legal proceeding shall lie atainst the -Central Government, the
State Government. the National Commission for Protection of Chi:d Rights. the Sale
Commission for Protection of Child Rights. the local authority. the School :vlanagentent
Committee or any person, in respect of anything which is in gond. faith done or intended
to be done, in pursuance of this Act, or any rulesor order made thereunder.
3S. The approptinte Government may, bynotification, make rules. forcer ry.ing
ow the provisions of this Act
01 In panicular, and without prejudice to the generality of :he foregoing prnvers.
such rules may provide for all Or any of the follov.ing matters. namely. —
Ay the manner ofgiving special trainingand the time-limit thereof, under lust
proviso to section a;
ETTE OF INDIA EX110-1014.DINARY I
(hi the area or limits for establishment of a neighbourhood school, under
section 6:
(c) the manner of maintenance- or records of children up to the age of
fourteen years, under clause (d) of section 9;
00 the manner and extent of reimbursement of expend hurt, under sub-
section (2; of section 12:
fer any other document for determining the age of child under sub-
section 0.1 of section 14;
01 the extended period for admission and the manner of corn pletine study if
admitted after he extended period, under section 15:
(g) the authority, the form und manner o I mak ing application for certificate of
recognition. under sub-station (i) of section IS;
rh) the form, the period. die manner and the conditions for bison] certificate
of recognition, under sub-section (2) of section IS:
hj the manner of giving opportunity of bearing under second proviso to
sub-section (3) of section IS:
0) the other functions to be performed by School Management Committee
under clause (8) of sub-section p) of section 21:
(k) the manner of preparing School Development Plan under sub-section ( II
of section 22:
(0 the salary and allowances payable to, and the terms arid conditions of
service of, teacher, under sub-section . (3) of section 23:
(m) the duties to be. performed by the reacher under clause ()) of sub-
section (0 of section 24;
Or) the manner of redressing grievances of teachers under sub-section (3)
of sciatica; 24; •
(o) the (bun and manner of awarding certificate for completion at elementary
education under sub-section (2) of section 30;
(jar the authority, the manner of its constitution and the terms and conditions
therefor, Under sub-section (3,) of section 31;
Obi theafluwances and other terms and conditions of appointment ofthlembers
of the National Advisory Council under sub-section at of section ;3.
Oldieallowancesand other terms and conditions olappoinument of M etnbers
of the State Advise') Council under sub-section (3) of section 34
Every rule madeunder this Act and every notification issued under sections 20
and 23 by the Central Government shall be laid, as soon as may be after it is made, before
each House ofPzrliumenckvhileit bin session, font total period of thirty days which may
be comprised in one session or in two or more successive sessions, and if. before the
noir); of the session irdentdiareity following the session or the successive sessions
aforesaid, both houses avec in making any modification in the rule or natification or
both Houses agree that the rule or notification should not be made. the rule or notification
shall thereafter have eft -retools . in such modified form or be elm; effect, as the case may
be: so. however, that any such modification or annulment shall be without prejudice to
the vnildiry of anything previously done under that rule or notification.
Every rule or notification made by the State Government under this Act shall be
laid, as soon as maybe after it is made: before the State Legislatures.
12 THE GAZETTE OF INDIA EXTRAORDINARY
THE SCHEDULE
(See sections 19 and 25)
"NORMS ANO STANDARDS FOR A SCHOOL
SI. No It cm
Norms and Standards
I. Number of ;cachets:
For first class lodifth class
For sixth class to eighth
class
.2. Building
Admitted children -
Numb ,:tr ofleachcrs
lip to Sixty
Two
Between sixty-one to Three
ninety
Between Ninety-one to Four
one hundred and
twenty
Between One hundred Five
and twenty-one to two
hundred
Above one hundred
Five pills one Head-
and fifty children teacher
Above Two hundred
Pupil- reacher Ratio
children (excluding I lead-
teacher) shall no;
exceed fony
(1) At least One reacher per en ss so that
there shall be at least one te},cher catch
for—
(0 Science and N;lathernatict,
Social Studies;
Languages.
(2) At least one reacher for eveay ihirty-five
children.
(3) Where admission of children is above
one hundred—
(i) a full time head-teacher;
(b) part time instructors far- -
(A) Art Education;
- (13) Health and Physicallithication;
(C) Work Education.
All-weather building consisting of--
(0 at least one class-room for very reacher
. and an office-cum-storecum-Head teacher's
700M;
barrier-flee access;
(iii) separate toilets for boys aad girls;
(iv) safe and adequate drinkinz water facility
to all children;
(1) a kitchen where mid-day meal is cooked in
the school;
(vi1 Playground:
THE GAZETTE OP IN121A EXTRAORDINARY 13
Si. No. Item Norms mid Standards
Minimum number of working
days/instructional hours in an
academic year
number of working
hourslier weektor the teacher
Teaching learning equipment
Library
. Play material, games and
sports equipment
(vii) arrangements for securing the school
building by boundary well or fencing.
(t) two hundred working days for first class to
fifth class;
fill two hUndred and twenty working days for
sixth class to eighth class;
eight hundred instructional hours per
academic year for first class to fin class:
one thousand instructMitaI hours per
academic yeas for sixth class to eighth
class.
forty-five teaching including *preparation
hours.
Shall be provided to each class as required.
There shall be a library in each school
providing newspaper. magazines and books
on all subjects, including story-books.
Shall be provided to each crass as required.
TX. VISWANATHAN.
Secretes,. to /hi , Gott of Indio
PRINTLO BV !DD.GENERAL MANAGER, GOV'T OF INDIA PRESS MINIO ROM), NIlw DELHI
AND R1 :BUSHED BY c0rmot.u54 or PUBLICATIONS. DELHI 1000
C3MGIDSARAID-3843G1-29-08-2009