GOA RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION RULES, 2012

 

PREAMBLE

In exercise of the powers conferred by sub-sections (1) and (2) of section 38 of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act No. 35 of 2009), the Government of Goa hereby makes the following rules, namely :

PART I PRELIMINARY

Rule - 1. Short title and commencement.

(1)     These rules may be called the Goa Right of Children to Free and Compulsory Education Rules, 2012.

(2)     They shall come into force from the date of their publication in the Official Gazette.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires,

(a)      "Act" means the Right of Children to Free and Compulsory Education Act, 2009 (Central Act No. 35 of 2009);

(b)      "anganwadi" means an anganwadi centre established under the Integrated Child Development Services Scheme of the Ministry of Women and Child Development of the Government of India;

(c)      "appointed date" means the date on which the Act has come into force;

(d)      "Chapter", "section" and "Schedule" means the Chapter of, section of, and Schedule to, the Act;

(e)      "Child" means any child of the age of 6 to 14 years;

(f)       "Deputy Director" means the Deputy Director of Education or any other officer with whatever designation, in charge of a Zone;

(g)      "Director" means the Director of Education of the Directorate of Education of the Government of Goa;

(h)     "form" means a form appended to these Rules;

(i)       "Government" means the Government of the State of Goa;

(j)       "local authority" means a Municipal Corporation or Municipal Council or Zilla Parishad or Nagar Panchayat or Panchayat 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 or village;

(k)      "pre-primary education" means early childhood care and education for all children up to the age of six years;

(l)       "primary stage" means a stage of elementary education from class I to class IV (both inclusive);

(m)    "pupil cumulative record" means record of the progress of the child based on comprehensive and continuous evaluation;

(n)     "school mapping" means planning school location for the purpose of section 6 of the Act to overcome social barriers and geographical distance;

(o)      "Upper primary stage" means a stage of elementary education from class V to class VIII (both inclusive);

(p)      "Zone" means the educational region or an educational district comprising the areas in the State of Goa, specified by the Director of Education in this behalf, for the purposes of organization, supervision, inspection and control of schools located therein;

(q)      "SCERT" means State Council for Education Research & Training;

(r)      "SPD" means State Project Director;

(s)      "RTE-SSA" means Right to Education -

Sarva Shiksha Abhiyan.

(2)     All other words and expressions used herein and not defined but defined in the Act shall have the same meanings respectively assigned to them in the Act.

PART II DUTIES OF GOVERNMENT, LOCAL AUTHORITY

Rule - 3. Areas or limits for the purposes of section 6 of the Act.

(1)     Where school is not established, within the area or limits of neighbourhood as stated hereunder, the same shall be established by the Government or the local authority as under:

(a)      in respect of children in classes from I to I V, a school shall be established within a walking distance of one kilometer of the neighbourhood.

(b)      in respect of children in classes from V to VIII, a school shall be established within a walking distance of three kilometers of the neighbourhood.

(2)     Wherever required, the Government or the local authority shall upgrade existing schools with classes from I to IV to include classes from V to VIII and in respect of schools which start from class V onwards, the Government or the local authority shall endeavour to add classes from I to I V, wherever required.

(3)     In places with difficult terrain, risk of landslides, floods, lack of roads and in general, danger for young children in the approach from their homes to the school, the Government or the local authority shall locate the school in such a manner as to avoid such dangers, by reducing the area or limits specified under sub-rule (1).

(4)     For children from small hamlets, as identified by the Government or the local authority, where no school exists within the area or limits of neighbourhood specified under sub-rule (1), the Government or the local authority shall make adequate arrangements, such as, free transportation and residential facilities for providing elementary education in a school, in relaxation of the area or limits specified in the said sub-rule (1).

(5)     In places with high population density, the Government or the local authority may consider establishment of more than one neighbourhood school, having regard to the number of children in the age group of six to fourteen years in such places.

(6)     The Government shall identify the neighbourhood school(s) where children can be admitted and make such information public for each habitation.

(7)     In respect of children with disability which prevent them from accessing the school, the Government or the local authority shall endeavour to make appropriate and safe transportation arrangements to enable them to attend school and complete elementary education.

(8)     The Government or the local authority shall ensure that access of children to the school is not hindered on account of social and cultural factors.

Rule - 4. Duties of Government and Local Authority for the purposes of sections 8 and 9 of the Act.

(1)     A child attending a school of the Government or local authority referred to in sub-clause (i) of clause (n) of section 2, of the Act a child attending a school referred to in sub-clause (ii) of clause (n) of said section 2 in pursuance of clause (b) of sub-section (1) of section 12 of the Act and a child attending a school referred to in sub-clauses (iii) and (iv) of clause (n) of said section 2 in pursuance of clause (c) of sub-section (1) of said section 12, shall be entitled to free text books, writing materials and uniforms:

Provided that a child with disabilities shall also be provided free special learning and support material.

Explanation: In respect of the child admitted in pursuance of clause (b) of sub-section (1) of said section 12 and a child admitted in pursuance of clause (c) of sub-section (1) of said section 12, the responsibility of providing the free entitlement shall be of the school referred to in sub-clause (ii) of clause (n) of section 2 and of sub-clauses (iii) and (iv) of clause (n) of section 2, respectively.

(2)     For the purpose of determining and for establishing neighbourhood schools, the Government/local authority shall undertake school mapping, and identify all children, including children in remote areas, children with disabilities, children belonging to disadvantaged groups, children belonging to weaker sections and children referred to in section 4, every year.

(3)     The Government/local authority shall ensure that no child is subjected to caste, class, religious or gender abuse in the school.

(4)     For the purposes of clause (c) of section 8 and clause (c) of section 9, the Government and the local authority shall ensure that a child belonging to a weaker section and a child belonging to disadvantaged group is not segregated or discriminated against in the classroom, during mid day meals, in the play grounds, in the use of common drinking water and toilet facilities, and in the cleaning of toilets or classrooms.

Rule - 5. Maintenance of records of children by local authority for the purposes of clause (d) of section 9 of the Act.

(1)     The local authority shall maintain a record of all children residing within its jurisdiction, through a household survey, from their birth till they attain to age of 14 years.

(2)     The record, referred to in sub-rule (1), shall be updated annually.

(3)     The record, referred to in sub-rule (1), shall be maintained transparently, in the public domain, and used for the purposes of clause (e) of section 9.

(4)     The record, referred to in sub-rule (1) shall, in respect of every child, include,

(a)      name, sex, date of birth, Birth Certificate registration number and date of registration, place of birth;

(b)      name, address and occupation of parent or guardian;

(c)      details of the pre-primary school//anganwadi centre that the child attends (up to the age of six years);

(d)      name and other details of the school where the child is admitted;

(e)      present residential address of the child;

(f)       class in which the child is studying (for children between the age of six to fourteen years) and if education is discontinued in the territorial jurisdiction of the local authority, the cause of such discontinuance;

(g)      whether the child belongs to a disadvantaged group within the meaning of clause (d) of section 2;

(h)     whether the child belongs to a weaker section within the meaning of clause (e) of section 2;

(i)       details of children requiring special facilities/residential facilities on account of migration and sparse population, admission appropriate to his or her age, disability.

(5)     The local authority shall ensure that the names of all children enrolled in the schools within its jurisdiction are publicly displayed on the notice board of every school.

PART III RESPONSIBILITY OF SCHOOLS AND TEACHERS

Rule - 6. Admission of children belonging to weaker section and disadvantaged group for the purposes of clause (c) of sub-section (1) of section 12 of the Act.

(1)     The school specified in sub-clauses (iii) and (iv) of clause (n) of section 2 shall ensure that children admitted in pursuance of clause (c) of sub-section (1) of section 12 shall not be segregated from the other children in the classrooms nor shall their classes be held at places and timings different from the classes held for the other children.

(2)     The school specified in sub-clauses (iii) and (iv) of clause (n) of section 2 shall ensure that children admitted in pursuance of clause (c) of sub-section (1) of section 12 shall not be discriminated from the rest of the children in any manner pertaining to entitlements and facilities, such as, text books, uniforms, library, extra-curricular activities and sports.

(3)     The areas or limits of neighbourhood specified in sub-rule (1) of rule 4 shall apply to admissions made in pursuance of clause (c) of sub-section (1) of section 12:

Provided that the school may, for the purposes of filling up the requisite percentage of seats by children referred to in clause (c) of sub-section (1) of section 12, extend these limits with the prior approval of the Government.

Rule - 7. Reimbursement of per child expenditure by the Government for the purposes of sub-section (1) of section 12 of the Act.

(1)     The total annual recurring expenditure incurred by the Government, whether from its own funds, or funds provided by the Central Government or by any other authority, on elementary education, in respect of all schools established, owned or controlled by it or by the local authority, divided by the total number of children enrolled in all such schools, shall be the per child expenditure incurred by the Government. For the purpose of determining the per child expenditure, the expenditure incurred by the Government or local authority on schools referred to in sub-clause (ii) of clause (n) of section 2 and the children enrolled in such schools shall not be included.

(2)     The school specified in sub-clause (iv) of clause (n) of section 2 providing free and compulsory elementary education as specified in clause (c) of sub-section (1) of section 12 shall be reimbursed expenditure incurred by it to the extent of per child expenditure stated in sub-rule (1) or the actual amount charged from the child, whichever is less, in the following manner.

(3)     For claiming reimbursement of the expenditure incurred by a school, an application in Form V hereto shall be made to the Director. A Committee consisting of Secretary (Finance), Secretary (Education), Director (Education), Director (SCERT) and State Project Director (RTE-SSA) shall assess the reimbursement claims and make its recommendations.

(4)     The Committee shall meet at such time and place as it thinks fit, but a period of six months shall not intervene between two meetings.

(5)     The State Project Director (RTE-SSA), Goa, on the basis of the decision of the Committee, shall communicate to the Deputy Director for the reimbursement of the expenditure made by such schools.

(6)     Where such school is already under obligation to provide free education to a specified number of children on account of it having received any land, building, equipment, or other facilities, either free of cost or at a concessional rate, such school shall not be entitled for reimbursement to the extent of such obligation.

(7)     The reimbursement shall be made directly in the separate bank account maintained by the school, in two instalments, during the academic year. First instalment of 50% shall be reimbursed in the month of September and balance 50% shall be reimbursed in the month of January.

(8)     The school referred to in sub-rule (1) shall, in the month of July, submit a list of children belonging to weaker section and disadvantaged group admitted in school and their claim for reimbursement of expenditure, in Form V hereto, to the Deputy Director. The Deputy Director shall verify or cause to be verified the enrolment of such children before making the reimbursement of the first instalment. Reimbursement of final instalment shall be done only after verification of the enrolment of children and attendance of every child to a minimum of 80% every month.

(9)     Every school referred to in sub-clause (iv) of clause (n) of section 2 shall maintain a separate bank account in respect of the amount received by it as reimbursement under sub-section (2) of section 12 of the Act.

Rule - 8. Documents as age proof for the purpose of section 14 of the Act.

(1)     Any one of the following documents shall be deemed to be proof of age of child for the purposes of admission in school when there is no birth certificate:

(a)      record of birth from register maintained by Hospital or Auxiliary Nurse and Midwife (ANM);

(b)      record of birth maintained by Anganwadi;

(c)      an affidavit by the parent or the guardian declaring the age of child.

Rule - 9. Extended period for admission for the purposes of section 15 of the Act.

(1)     Extended period of admission shall be six months from the date of commencement of the academic year of a school.

(2)     Where a child is admitted in a school after the extended period, he or she shall be eligible to complete studies with the help of special training, as determined by the head of the school.

Rule - 10. Recognition of schools.

(1)     Every school, other than a school established, owned or controlled by the Government or local authority, established before the commencement of this Act shall make a self declaration within a period of 6 months from the date of commencement of these Rules, in Form I hereto to the Deputy Director of the concerned Zone giving details regarding its compliance with the norms and standards specified in the Schedule to the Act and fulfilment of the following conditions, namely:

(a)      whether the school is run by a society registered under the Societies Registration Act, 1860 (Central Act 21 of 1860), or a public trust constituted under any law for the time being in force;

(b)      the school is not run for profit to any individual, group or association of individuals or any other persons;

(c)      the school conforms to the values enshrined in the Constitution;

(d)      the school buildings or other structures or the grounds are used only for the purposes of education and skill development;

(e)      the school is open to inspection by any officer authorized by the Government or the local authority;

(f)       the school furnishes such reports and such information as may be required by the Director of Education or Deputy Director of Education from time to time and complies with such instructions of the Government or the local authority as may be issued to secure the continued fulfilment of the condition of recognition or the removal of deficiencies in working of the school.

(2)     The Deputy Director or any other officer authorized by him in this behalf shall, within three months of the receipt of the self declaration, conduct on-site inspection of such schools which claim to fulfil the norms and standards specified in the Schedule to the Act and the conditions mentioned in sub-rule (1).

(3)     After the inspection referred to in sub-rule (2) is carried out, the inspection report shall be placed by the Deputy Director in public domain and only the reports of schools which found to be conforming to the norms and standards specified in Schedule to the Act shall be granted Certificate of Recognition in Form III hereto within a period of thirty days from the date of such inspection.

(4)     Schools which do not conform to the norms and standards specified in the Schedule to the Act within three years from the appointed date shall cease to function and recognition, if any, granted shall be withdrawn as per the provisions of sub-section (3) of section 19 of the Act.

Rule - 11. Certificate of Recognition.

(1)     After the commencement of the Act, every school other than a school to be established, owned or controlled by the Government or the local authority, shall be established only after obtaining a Certificate of Recognition from the Deputy Director, by making an application in Form II hereto to the Deputy Director, along with declaration in Form I hereto.

(2)     A Certificate of Recognition in Form III hereto shall be issued by the Deputy Director within a period of thirty days from the date of receipt of application referred to in sub-rule (1) above, after satisfying himself that such school fulfils the norms and standards specified in the Schedule to the Act and a declaration as stated in rule 10 has been obtained from such school.

Rule - 12. Withdrawal of recognition to schools.

(1)     Where the Deputy Director on his own motion, or on any representation received from any person, has reason to believe that a school recognized under rules 10 or 11 has contravened the conditions of recognition, he shall issue a notice to such school specifying the contravention of the conditions of recognition and seek its explanation within thirty days from the date of receipt of such notice.

(2)     In case the explanation is not found to be satisfactory or no explanation is received within the said period, the Deputy Director may cause an inspection of such school through a committee of three members comprising of an educationist, a civil society representative and a Government representative, which shall make an inquiry and submit its report, along with its recommendations for continuation of recognition or its withdrawal, to the Deputy Director.

(3)     On the contravention of the conditions of recognition, the Deputy Director shall, by an order in writing, withdraw recognition:

Provided that no order for withdrawal of recognition shall be passed by the Deputy Director without giving the school adequate opportunity of being heard:

Provided further that no such order shall be passed by the Deputy Director without prior approval of the Government.

(4)     The order of withdrawal of recognition shall be operative from succeeding academic year. The order shall specify the neighbourhood schools to which the children studying in such de-recognised school shall be admitted.

PART IV MANAGING COMMITTEE AND SCHOOL MANAGEMENT COMMITTEE

Rule - 13. Managing Committees.

Subject to the provisions of the Act and these Rules, in Government aided schools, the Managing Committees constituted under the Goa School Education Rules, 1986 shall have overall administrative and financial powers and responsibilities including appointment and control of the staff, disbursement of salaries, sanctioning of leave and all other such powers and responsibilities as specified in the Goa, Daman and Diu School Education Act, 1984 (15 of 1985) and Rules framed thereunder.

Rule - 14. Composition and functions of the School Management Committee.

(1)     A School Management Committee shall be constituted in every school other than an unaided school, within six months of the notification of these rules. The minimum number of members shall be twelve and the committee shall be reconstituted every two years, at least 2 months before the expiry of the term of the existing committee.

(2)     Seventy five percent of the strength of the School Management Committee shall be from amongst parents or guardians of children.

(3)     The remaining twenty five percent of the strength of the School Management Committee shall be from amongst the following persons:

(a)      one-third members from amongst the elected members of the local authority, to be decided by the local authority;

(b)      one-third members from amongst teachers from the school, to be decided by the teachers of the school;

(c)      remaining one-third from amongst local educationists/children in the school, to be decided by the parents in the Committee.

(4)     To manage its affairs, the School Management Committee shall elect a Chairperson and Vice-Chairperson from among the parent members. The head teacher of the school or where the school does not have a head teacher, the senior most teacher of the school shall be the ex officio Member-Convener of the School Management Committee.

(5)     The School Management Committee shall meet at least once a month and the minutes and decisions of the meetings shall be properly recorded and made available to the public.

Rule - 15. Functions of the School Management Committee.

(1)     In addition to the functions specified in clauses (a) to (c) of sub-section (2) of section 21 of the Act, the School Management Committee shall perform the following functions, for which it may constitute smaller working groups from amongst its Members:

(a)      communicate in simple and creative ways to the population in the neighbourhood of the school, the rights of the child as enunciated in the Act; as also the duties of the Government, local authority, school, parent and guardian;

(b)      ensure the implementation of clauses (a) and (e) of section 24 and section 28;

(c)      monitor that teachers are not burdened with non-academic duties other than those specified in section 27;

(d)      ensure the enrolment and continued attendance of all the children from the neighbourhood in the school;

(e)      monitor the maintenance of the norms and standards as specified in the Schedule to the Act;

(f)       bring to the notice of the local authority and also the Managing Committee in case of Government aided schools any deviation from the rights of the child, in particular mental and physical harassment of children, denial of admission, and timely provision of free entitlements as per sub-section (2) of section 3 of the Act;

(g)      identify the needs, prepare a plan, and monitor the implementation of the provisions of section 4 of the Act;

(h)     monitor the identification and enrolment of, and facilities for learning by disabled children and ensure their participation in, and completion of elementary education;

(i)       monitor the implementation of the Mid-day Meal in the school;

(j)       prepare an annual account of receipts and expenditure of the school and submit the same for the approval of the Managing Committee in case of Government aided schools;

(k)      ensure that no teacher of the school is directly or indirectly engaged in private tuitions, private teaching activity or private consultancy work or business, and save as permissible under section 27 of the Act or other law or service rules as applicable, shall not render any services to any firm or company or any organization, with or without remuneration and if any such case is identified, bring the same to the notice of appropriate authority for further action.

(2)     Any money received by the School Management Committee from the Government or from the Managing Committee in case of Government aided schools for the discharge of its functions under this Act, shall be kept in a separate account, to be made available for audit every year.

(3)     The accounts referred to in clause (j) to sub-rule (1) and sub-rule (2) shall be signed by the Chairperson/Vice-Chairperson and Convener of the School Management Committee and countersigned by the authorised signatory of the Managing Committee in case of Government aided schools. They shall be made available to the Director within one month of their preparation.

Rule - 16. Preparation of School Development Plan for the purpose of section 22 of the Act.

(1)     The School Management Committee shall prepare a School Development Plan at least three months before the end of the financial year in which it is first constituted under the Act.

(2)     The School Development Plan shall be a three year plan comprising three annual sub-plans.

(3)     The School Development Plan shall contain the following details

(a)      estimates of class-wise enrolment for each year;

(b)      requirement, over the three year period, of the number of additional teachers, including head teachers, subject teachers and part time teachers, separately for Classes I to IV and Classes V to VIII, calculated with reference to the norms specified in the Schedule to the Act.

(c)      physical requirement of additional infrastructure and equipments over the three year period, calculated with reference to the norms and standards specified in the Schedule to the Act.

(d)      additional financial requirement over the three year period, year-wise, in respect of (b) and (c) above, including additional requirement for providing special training facility specified in section 4, entitlements of children such as free text books and uniforms, and any other additional financial requirement for fulfilling the responsibilities of the school under the Act.

(4)     The School Development Plan should be signed by the Chairperson/Vice-Chairperson and Convener of the School Management Committee and countersigned by the authorised signatory of the Managing Committee in case of Government aided schools. It shall be submitted to the Director before the end of the financial year in which it is to be prepared.

Rule - 17. Special training for the purposes of first proviso to section 4 of the Act.

(1)     The School Management Committee of a school shall identify, children requiring special training and organize such training in the following manner, namely:

(a)      the special training shall be based on specially designed learning material appropriate to age of child approved by an academic authority as specified under sub-section (1) of section 29 of the Act;

(b)      the special training shall be provided in classes held on the premises of the school, or through classes organized in safe residential facilities;

(c)      the special training shall be provided by teachers working in the school or by teachers specially appointed for the purpose;

(d)      the duration of the special training shall be for a minimum period of three months which may be extended, based on periodical assessment of learning progress, for a maximum period not exceeding two years.

(2)     The child shall, upon induction into a class appropriate to his or her age after special training, continue to receive special attention by the teacher to enable him or her to successfully integrate with the rest of the class, academically and emotionally.

PART VI TEACHERS

Rule - 18. Minimum Qualifications.

The minimum qualifications laid down by the academic authority referred to in sub-section (1) of section (23) of the Act, shall be applicable for every school referred to in clause (n) of section 2 of the Act.

Rule - 19. Salary, allowances and terms and conditions of service of teachers.

(1)     The Government shall notify the terms and conditions of service and salary and allowances of teachers in order to create a professional and permanent cadre of teachers.

(2)     In particular and without prejudice to the generality of the sub-rule (1), the terms and conditions of service shall take into account the following, namely:

(a)      accountability of teachers to the School Management Committee constituted under section 21; and

(b)      provisions enabling long term stake of teachers in the teaching profession.

(3)     Till such time a notification is issued under sub-rule (1), the scales of pay and allowances, medical facilities, pension, gratuity, provident fund and other benefits of regular teachers shall be governed by relevant rules as applicable to them.

Rule - 20. Other duties to be performed by teachers.

(1)     The teacher shall maintain a file containing the pupil cumulative record for every child which shall be the basis for awarding the certificate specified in sub-section (2) of section 30 of the Act.

(2)     In addition to the functions specified in clauses (a) to (e) of sub-section (1) of section 24 of the Act, a teacher may perform the following duties assigned to him or her, without interfering with regular teaching, namely:

(a)      participate in training programmes; and

(b)      participate in curriculum formulation, and development of syllabi training modules and text book development.

(3)     The teachers shall assess the performance of every child periodically as per the prescribed curriculum and take up remedial teaching of those children who do not reach expected learning levels, in each subject. The report of periodic evaluation of the child shall form the basis for devising and implementing remedial teaching programme by the teachers.

Rule - 21. Manner of redressing grievances of teachers.

(1)     The School Management Committee shall be the first level of grievance redressal to teachers of schools.

(2)     The Government shall constitute School Tribunal at the State level which would entertain petitions made against the orders or actions of School Management Committee.

PART VII COMPLETION OF ELEMENTARY EDUCATION

Rule - 22. Award of certificate to child.

(1)     The certificate of completion of elementary education shall be issued in Form IV hereto within one month of the completion of elementary education.

(2)     The certificate referred to in sub-rule (1) shall,

(a)      certify that the child has completed all courses of study as laid down by an academic authority under section 29; and

(b)      specify the Pupil Cumulative Record of the child and achievements of the child in areas of activities beyond the prescribed courses of study and may include music, dance, literature, sports, etc.

(3)     The schools shall ensure that the child has reached the expected learning levels before such a certificate is issued.

PART VIII BODIES

Rule - 23. Academic Authority to lay down curriculum and evaluation procedure.

The State Government shall notify the academic authority for the purpose of section 29.

(1)     While laying down the curriculum and evaluation procedure, the academic authority shall,

(a)      formulate the relevant and age appropriate syllabus and text books and other learning material;

(b)      develop in-service teacher training design; and

(c)      prepare guidelines for putting into practice continuous and comprehensive evaluation.

(2)     The academic authority referred to in sub-rule (1) shall design and implement a process of holistic school quality assessment on a regular basis.

Rule - 24. Functions of State Commission for Protection of Child Rights.

(1)     The State Commission for Protection of Child Rights constituted under section 17 of the Commissions for Protection of Child Rights Act, 2005 (Central Act 4 of 2006), shall, in addition to the functions 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;

(b)      inquire into complaints relating to child's right to free and compulsory education; and

(c)      take necessary steps as provided under sections 15 and 24 of the said Commission for Protection of Child Rights Act, 2005 (Central Act 4 of 2006).

(2)     The said Commission 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 assigned to them respectively under sections 14 and 24 of the said Commissions for Protection of Child Rights Act.

(3)     Any person having any grievance relating to the right of a child under the Act may make a written complaint to the local authority having jurisdiction.

(4)     After receiving the complaint under sub-section (1), the local authority shall decide the matter within a period of three months after affording a reasonable opportunity of being heard to the parties concerned.

(5)     Any person aggrieved by the decision of the local authority may prefer an appeal to the State Commission for Protection of Child Rights.

(6)     The appeal preferred under sub-section (3) shall be decided by State Commission for Protection of Child Rights, as provided under clause (c) of sub-section (1) of section 31.

(7)     The State Commission for Protection of Child Rights, shall set-up a child helpline, accessible by SMS, telephone and letter, which would act as the forum for aggrieved child//guardian to register complaint regarding violation of rights under the Act, in a manner that records her/his identity but does not disclose it.

(8)     All complaints to the helpline should be monitored through a transparent 'alert and action', online mechanism by the State Commission for Protection of Child Rights.

Rule - 25. State Advisory Council for.

(1)     The State Advisory Council shall consist of,

(a)      A Chairperson and fourteen members.

(b)      The Minister in-charge of the Department of Education shall be the ex officio Chairperson of the Council.

(c)      Members of the Council shall be appointed by the Government from amongst persons having knowledge and practical experience in the field of elementary education and child development in the following composition:

(i)       at least four members of the Council shall be persons belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes and minority communities;

(ii)      at least one member of the Council shall be person having specialized knowledge and practical experience of education of children with special needs;

(iii)     one member of the Council shall be person having specialized knowledge in the field of pre-primary education;

(iv)    at least two members of the Council shall be persons having specialized knowledge and practical experience in the field of teaching; and

(v)      fifty percent of such members shall be women.

(d)      The ex officio members of the Council shall be

(i)       Director of SCERT,

(ii)      Deputy Director (Academic),

(iii)     SPD, RTE-SSA shall be ex officio Member-Secretary of the Council.

(e)      The RTE-SSA shall provide logistic support for meetings of the Council and its other functions.

(2)     The procedure for transaction of business of the Council shall be as under:

(a)      the Council shall meet regularly at such times as the Chairperson thinks fit but three months shall not intervene between its last and the next meeting.

(b)      the meeting of the Council shall be presided by the Chairperson. If for any reason the Chairperson is unable to attend the meeting of the Council, he may nominate a member of the Council to preside over such meeting.

(c)      quorum of the meeting of the Council shall be considered complete if at least 50% of its members are present.

(3)     Every member of the Council shall hold office as such for a term of two years from the date on which he assumes office:

Provided that no member shall hold office for more than two terms.

(4)     Any member may be removed from his office by an order of the Government on the ground of proved misbehaviour or incapacity, or on the happening of any one or more of the following events, namely:

(a)      if he is adjudged an insolvent; or

(b)      if he refuses to act or become incapable of acting; or

(c)      if he is of unsound mind and stands so declared by a competent court; or

(d)      if he has abused his office so as to render his continuance in office detrimental to the public interest; or

(e)      if he is convicted for an offence by a competent court of law; or

(f)       if he is without obtaining leave of absence, remains absent for two consecutive meetings of the State Advisory Council.

(5)     No member shall be removed from his office without being given an adequate opportunity of being heard.

(6)     If vacancy occurs in the office of member of the State Advisory Council, whether by reason of his death, resignation or otherwise, such vacancy shall be filled within a period of one hundred and twenty days by making a fresh appointment.

(7)     Members of the State Advisory Council other than ex officio members shall be entitled for reimbursement of travelling and daily allowances for official journeys in accordance with the orders issued by the Government from time to time.

 

FORM I

[See rule 10(1)]

FORM OF DECLARATION

To ,

The Deputy Director of Education,

(Name of Zone and District)

Sir,

I am to declare the details about compliance with the norms and standards specified in the Schedule to the Right of Children to Free and Compulsory Education Act, 2009 (Central Act No. 35 of 2009) in respect of (Name of the School) school, which are as under:

ENCLOSURE TO FORM I

(A)     School Details

(1)     Name of School :

(2)     Academic Year :

(3)     District :

(4)     Postal Address :

(5)     Village/Town/City :

(6)     Pin Code :

(7)     Phone No. with STD Code :

(8)     Fax No. :

(9)     Email address, if any :

(10)   Nearest Police Station :

(B)     General Information

(1)     Year of Foundation

(2)     Date of First Opening of School

(3)     Name of Trust/Society/Managing Committee

(4)     Whether Trust/Society/Managing Committee/is registered

(5)     Period up to which Registration of Trust/Society//Managing Committee is valid

(6)     Whether there is a proof of non-proprietary character of the Trust/Society/Managing Committee supported by the list of members with their address on an affidavit in copy

(7)     Name official address of the Manager/President/Chairman of the school

Name: Designation: Address :

Phone: (O) ????????.

(R) ??????.??

(8)     Total Income & Expenditure during last 3 years surplus/deficit

(C)     Nature and area of School

(1)     Medium of Instruction

(2)     Type of school (Specify entry & exit classes)

(3)     If aided, the name of agency and percentage of aid

(4)     If school Recognized

(5)     If so, by which authority Recognition number

(6)     Does the school has its own building or is it running in a rented building

(7)     Whether the school buildings or other structures or the grounds are used only for the purpose of education and skill development?

(8)     Total area of the school

(9)     Built in area of the school

(H) Curriculum and Syllabus

(1)     Details of curriculum & syllabus followed in each class (up to VIII)

(2)     System of Pupil Assessment

(3)     Whether pupils of the school are required to take any Board exam up to class VIII?

(4)     Certified that the school has also submitted information in this data capture of District Information System of Education with this application.

(5)     Certified that the school is open to inspection by any officer authorized by the appropriate authority.

(6)     Certified that the school undertakes to furnish such reports and information as may be required by the Deputy Director of Education from time to time and complies with instructions of the appropriate authority or the Deputy Director of Education as may be issued to secure the continued fulfillment of the condition of recognition or the removal of deficiencies in working of the school.

(7)     Certified that records of the school shall be open to inspection by any officer authorized by the Director of Education or appropriate authority at any time, and the school shall furnish all such information as may be necessary.

Chairman/Manager, Managing Committee

??????????School

Place:

Date:

 

FORM II

[See rule 11(1)]

Phone:

E-mail:

Fax:

APPLICATION FOR RECOGNITION

DIRECTORATE OF EDUCATION GOVERNMENT OF GOA

No.

Dated:

To ,

Dy. Director of Education,

Directorate of Education,

Government of Goa.

Sir,

I hereby request you to grant a certificate of recognition for the School known as (Name of the School) School having classes from (Std.) to (Std.), being run by ________________ educational agency since _______________ (year of starting the school). I have enclosed herewith declaration in Form I.

Yours faithfully,

Chairman of Managing

Committee/Manager

Enclosures:- Declaration in Form I

Place:

Date:

 

FORM III

[See rule 10(3)]

Phone:

E-mail:

Fax:

FORM OF CERTIFICATE OF RECOGNITION

DIRECTORATE OF EDUCATION

GOVERNMENT OF GOA

No

 Dated:

The Manager,

Sub:- Certificate of Recognition to School under the Goa Right of Children to Free and Compulsory Education Rules, 2012.

Dear Sir/Madam,

With reference to your application dated _________ and subsequent correspondence with the school/inspection in this regard, I convey the approval for grant of recognition to the ________________________________________________________________ (name of the school with address) for Class _______ to Class ________.

The above sanction is subject to fulfillment of following conditions:-

(1)     The grant for recognition is not extendable and does not in any way imply any obligation to recognize//affiliate beyond Class VIII.

(2)     The School shall abide by the provisions of Right of Children to Free and Compulsory Education Act, 2009 and the Goa Right of Children to Free and Compulsory Education Rules, 2012.

(3)     The school shall admit in Class I, to the extent of 25% of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion. Provided further that in case of pre-primary classes also, this norm shall be followed.

(4)     The school shall not collect any capitation fee and subject the child or his or her parents or guardians to any screening procedure.

(5)     The school shall not deny admission to any child for lack of age proof or if such admission is sought subsequent to the extended period or on the ground of religion, caste or race, place of birth or any of them.

(6)     The school shall ensure that:

(i)       no child admitted shall be held back in any class or expelled from school till the completion of elementary education in a school;

(ii)      no child shall be subjected to physical punishment or mental harassment;

(iii)     no child is required to pass any board examination till the completion of elementary education;

(iv)    every child completing elementary education shall be awarded a certificate as per section 30 (2) of the said Act;

(v)      inclusion of students with disabilities/special needs as per provisions of the Act;

(vi)    the teachers are recruited with minimum qualifications as laid down by an academic authority as per section 23 of the said Act;

(vii)   the teachers performs their duties specified under section 24(1) of the Act; and

(viii)  the teachers shall not engage himself or herself directly or indirectly in private tuitions, private teaching activities or private consultancy work or any business and save as permissible under section 27 of the said Act or other law or service rules as applicable, shall not render any services to any firm or company or any organization with or without remuneration.

(7)     The school shall follow the syllabus on the basis of curriculum laid down by academic authority as per section 29 (1) of the said Act.

(8)     The school shall enroll students proportionate to the facilities available in the school.

(9)     The school shall maintain the standards and norms as specified in section 19 of the said Act. The facilities reported at the time of last inspection are given under:

(a)      Area of school campus

(b)      Total built up area

(c)      Area of play ground

(d)      No. of class rooms

(e)      Rooms for Headmaster

(f)       Office-cum-Storeroom

(g)      Separate toilet for boys and girls -

(h)     Safe Drinking Water Facility

(i)       Barrier free Access-

(j)       Availability of Teaching Learning Material//Play Sports Equipments/Library.

(10)   No unrecognized classes shall run within the premises of the school or outside in the same name of school.

(11)   The school buildings or other structures or the ground are used only for the purposes of education and skill development.

(12)   The school is run by (name of society), a society registered under the Societies Registration Act, 1860 (Central Act No. 21 of 1860) a public trust named ____________ , constituted under ____________ , and if there is any change in the management/constitution of the Society/Trust, the same shall be intimated to the Government.

(13)   The school is not run for profit to any individual, group or association of individuals or any other persons.

(14)   The accounts shall be audited and certified by a Chartered Accountant and proper accounts statements should be prepared. A copy each of the statements of Accounts should be sent to the Joint Director of Accounts in the Directorate of Education every year.

(15)   The recognition Code Number allotted to your school is ______________ . This may please be noted and quoted for any correspondence with this office.

(16)   The school shall furnish such reports and information as may be required by the Director of Education, from time to time, and comply with such instructions of the Government as may be issued to secure the continued fulfillment of the condition of recognition or the removal of deficiencies in working of the school;

(17)   Renewal of Registration of Society, if any, be ensured.

(18)   Other conditions as per Annexure enclosed.

Yours faithfully,

( )

Dy. Director of Education

Directorate of Education

Government of Goa.

 

FORM IV

[See rule 22(1)]

CERTIFICATE OF COMPLETION OF ELEMENTARY EDUCATION

Under the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009)

This is to certify that ????????????????????????????????? son of/daughter of/ward of Shri/Smt???????????????????.??????????????????????????????????????. ?????????????????????????????????????. ? (Name and full address of parent or Guardian) with date of birth on????????? has been evaluated in the school and has completed the elementary education on ????????????????????

(specify year & month).The Pupil Cumulative Record and Health Card are attached. He/She has proven ability in ????????????????????

He/She is eligible to continue his/her studies in the next higher class.

Headmaster

Place:

Date:

Office Seal

 

FORM V

[See rule 7(8)]

Application for Claiming Reimbursement of the expenditure incurred by a school specified in sub-clause (iv) of clause (n) of section 2, providing free and compulsory education as specified in clause (c) of sub-section (1) of section 12

* General Information of the School:

(1)     Name of the School

(2)     Year of Establishment

(3)     Location

(4)     Postal Address with Pin code

(5)     Telephone No.

(6)     Type of School (Primary/Middle/Secondary/Senior Secondary)

(7)     Type of Management (Society/Trust/Religious Origination/Minority/any other specify).

*Grant Received by the School:

(i)       Did you receive any concession/preference for the allotment of the Grant from the State Govt./Central Govt./Municipal Committee/Corporation? If Yes (Please specify)

__________________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________

(ii)      Did you receive any grant for the construction of the School from the State Govt./Central Govt./Municipal Committee/Corporation? If Yes (Please specify)

__________________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________

(iii)     Did you receive any grant for the running the School from State Govt./Central Govt./Municipal Committee/Corporation? If Yes (Please specify)

__________________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________

(iv)    In case any grant concession has been provided to the school, did the school have any liability attached with the grant. If Yes (Please specify)

__________________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________

* Class Wise No. of Students belonging to Weaker Section and Disadvantaged group:

*Class wise Information of the Students Admitted in the School:

(Please give information for each class functional in the school)

*Fee Structure of the School:

(1)     Fee charged from Students other than the Disadvantage and Weaker Section of the Society of the School.

Name of the Class

(Please supply Classwise the similar information for all the classes being run in the school)

(Please supply classwise the similar information for each class being run by the school)

* Total Claim Admissible under RTE Act, 2009 for the Private School:

* Name of the Bank with Address alongwith type of Account, Account No. where the Claim is to be Electronically Transfer:

DECLARATION

I hereby declare that the above said particulars provided by the school for obtaining the reimbursement of claim for 25% of students belonging to the Weaker Section to the Society are correct with further understanding that all provisions as contained in The Right of Children to Free and Compulsory Education Act, 2009 and the rules framed by Government thereunder are being complied with.

Date:

Place:

Signature of the Authorized Person

(Managing Director/Principal/Trustee, etc.)