Whereas the Government of India has brought
into force the Right of Children to Free and Compulsory Education Act, 2009 (35
of 2009) (hereinafter referred to as "the said Act") with effect from
the 1st April 2010; And whereas, it is expedient to make the
rules under the said Act. Now, therefore, in exercise of the powers
conferred by sub-sections (1) and (2) of section 38 of the said Act, the
Government of Maharashtra hereby makes the following rules as follows:-- APPENDIX-I PART-I PRELIMINARY (1)
These rules may be called
the Maharashtra Right of Children to Free and Compulsory Education Rules, 2011. (2)
They extend to the whole
State of Maharashtra. (3)
They shall come in to force
with effect from the date of publication of these rules in the Official
Gazette. (i)
In these rules, unless the
context otherwise requires,-- (a)
" Act" means the
Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009); (b)
"Academic year"
means a year consisting of two academic terms sanctioned and declared by the
education officer or inspector of the concerned district or Municipal
Corporation, taking in to account time period declared by the Government for
school work and actual teaching; (c)
"Anganwadi" means
an Anganwadi Centre established under the Integrated Child Development Scheme
of the Ministry of Women and Child Development of the Government of India; (d)
"Child" means any
person of the age of 6 to 14 years. Explanation.--In
respect of children with disabilities or with learning disabilities, or with
learning difficulties as defined by the notification, as defined in the Persons
with Disabilities, [Equal Opportunities, Protection of Rights and Full
Participation Act, 1995 (1 of 1996)] or by notification, the upper age limit
shall be 18 years. (e)
"disadvantaged
group" means such group as defined by the State Government by
notification; (f)
"Elementary
School" means a centre where education from Standards I to VIII or any of
them is imparted; (a)
(g)" Elementary School
teacher " means a person duly appointed to teach students of Elementary
school and shall include a Head Teacher or cluster coordinator; (g)
"Evaluation"
means, in the case of students, the determination of their level of attainment
as per the quality norms prescribed by the academic authority, and, in the case
of institutions and the persons appointed in various posts, the determination
of their level of efficiency including the average attainment levels of
children in the schools in their charge; (h)
"Form" means a
form appended to these rules; (i)
"Government" means
the Government of Maharashtra; (j)
"Migratory
Children" means children shifting from the place of the school where they
are enrolled, to new place, for a period less than an academic session, along
with their parents or otherwise; (k)
"Out-of-school
child" means a child of the age of 6 to 14 years who has either never been
admitted to a school or who, having been admitted, has not completed elementary
education, and it shall include a student of elementary school being absent for
more than a month continuously; (l)
"Neighbourhood
school" means a school in respect of children in classes I-V, a school
shall be established as far as possible within a distance of one km of the
neighbourhood and has a minimum of 20 children in the age group of 6 to 11
years available and willing for enrollment in that school and in classes
VI-VIII, a school shall be established as far as possible within a distance of
3 kms of the neighbourhood and which has not less than 20 children in class 5th
of the feeding primary schools, taken together, available and willing for
enrollment in that school. (m)
"Period" means the
minimum or shortest time period, shown in the school time-table, for teaching
one subject in one class, in accordance with the Government's directions; (n)
"Pupil Cumulative
Record" means record of the progress of the child based on comprehensive
and continuous evaluation; (o)
"School mapping"
means planning and deciding upon the location of a school in order to minimize
geographical distance and linguistic, physical and social obstacles in
accessing the school; (p)
"Syllabus" means
the Government approved class-wise subject-scheme and elaborate content of
every subject therein, and the expected learning outcome which include
knowledge, skills, values and attitudes, in accordance with the educational
policy determined by the Central and State Government, from time to time, in
regard to the education of children of specific age-groups; (q)
"Uniform" means a
dress decided by the concerned school committee with due consideration to the
expected norms of behaviour and discipline, to be worn by students of the
school; (ii)
Words and terms used in
these rules but not defined therein, but defined in the Act, shall have the
same meanings assigned to them in the Act. PART
II Right
of Children to Free and Compulsory Education (1)
The local authority shall
identify, every year, by means of a survey, to be conducted by an officer
notified by the State Government in this behalf, such children who are out of
school, and shall admit them to age-appropriate class. It shall, according to
the need, organize the special training in the following manner, namely:-- (a)
the special training shall
be based on specially designed, age-appropriate learning tools and materials,
approved by the academic authority, specified under section 29 of the Act; (b)
such a training shall be
provided in the classes held on the premises of the school, or through the
classes organized as authorised bridge courses in safe residential facility, at
time other than normal school hours; (c)
such training shall be
imparted preferably by teachers working in the school, or by teachers appointed
specially for that purpose; (d)
the State Council of
Educational Research and Training shall lay down the time duration for such
training programme. (2)
After admitting such a child
to the age-appropriate class and during the special training and after she
completes the special training, the teachers shall give her, the special
attention required to help him integrate with the class, both academically and
emotionally. (3)
(i) Special Training
programme shall be planned by the Maharashtra State Council of Educational
Research and Training, Pune (MSCERT), considering the following matters :-- (a)
development of learning
materials; (b)
training of teachers; (c)
scientific methods regarding
evaluation of children; (ii)
? So far as Special Training programme
shall also be planned by the Director of Education (Primary), Maharashtra
State, Pune considering following manner-- (a)
appointment of teachers,
specially for this purpose; (b)
survey of out-of-school
children conducted by the local authority; (c)
supervision arrangements to
assist the progress of such child; (d)
financial provision. PART
III Duties
of State Government and Local Authority (1)
The State Government or the
Local Authority, as the case may be, shall establish neighbourhood schools
within the areas or limits to meet the following criteria, namely:-- (a)
In respect of children in
classes I-V, a school shall be established as far as possible within a distance
of one kilometer of the neighbourhood and has a minimum of 20 children in the
age group of 6 to 11 years available and willing for enrollment in that school;
and (b)
In respect of children in
classes VI-VIII, a school shall be established as far as possible within a
distance of three kilometers of the neighbourhood and which has not less than
20 children in class 5th of. the feeding primary schools, taken together,
available and willing for enrollment in that school. (2)
The State Government may
suitably alter the minimum distance specified in sub-rule (1) in cases of hilly
areas or areas that are not easily accessible and make available the schools
run by the Government or Local Authority for the children having no facility of
further elementary education in their schools in such areas. (3)
For children from small
hamlets, as identified by the State Government or Local Authority, where no
school exists within the area or limits of neighbourhood school specified under
sub-rule (1) and for children falling within the purview of 4(1) (a), the State
Government or Local Authority shall make adequate arrangements such as free
transportation, residential facilities and other facilities, for providing
elementary education in the school, in relaxation of the limits specified under
sub-rule (1). (4)
In areas of greater
population density (urban and semi-urban areas) the State Government or the
Local Authority shall establish more than one neighbourhood school, having
regard to the number of children in the age group of 6 to 14 years in the said
area. (5)
The Local Authority shall
designate a neighbourhood school for every settlement or area and shall make
this information known to the public. (6)
In respect of children with
disabilities (as defined in Equal opportunities, Protection of Rights and Full
Participation) Act, 1995 (1 of 1996), which prevent them from accessing the
school the State Government or Local Authority having regard to their number shall
make appropriate and safe transportation arrangements for them to attend the
school and complete elementary education. (7)
(a) The Government or the
Local Authority shall ensure that no child is barred from going to school for
any reason and that there is no hindrance to his or her completing the
elementary education on the ground of linguistic, social or cultural
differences; (b)
? the migratory children shall be enrolled
in a school if the school having appropriate medium of instruction is available
in that neighbourhood school; (c)
? if the appropriate medium of
instructions is not available in the neighbourhood school then, the transportation
facilities for attending the school, or a seasonal residential hostel and other
facilities shall be provided by the Local Authority. (1)
A child attending a school
of the State Government or local authority referred to in sub-clause (I) of
clause (n) of section 2, a child attending a school referred to in sub-clause
(ii) of Clause (n) of section 2 in pursuance of clause (b) of sub section (I)
of section 12, and a child attending a school referred to in sub-clause (iii)
and (iv) of clause (n) of section 2 in pursuance of clause (c) of sub-section
(1) of 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
section 12 and a child admitted in pursuance clause (c) of sub-section (1) of
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-clause (iii) and (iv) of clause (n) of section 2, respectively: Provided that,
nothing in this rule shall be construed as restriction on the Government to
declare these and any additional entitlements to any further specified group or
all children, by issuing necessary Government Resolution. (2)
The Government and the Local
Authority shall undertake school mapping to be carried out by the officers
notified by the Government, in this behalf for the purpose of establishing a
neighbourhood school and shall conduct a survey to identify and obtain
statistical information about all children in the area, including children
living in remote areas, children with disabilities, children belonging to
disadvantaged groups, children of weaker sections of society, out-of-school
children, as well as, children who have dropped out of school, within one year
of the appointed date and every year and thereafter. (3)
The State Government or the
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 State Government or the Local
Authority, as the case may be, shall take strict measures to ensure that no
child from disadvantaged group or weaker section or a deprived section shall
face discrimination or be segregated in class, during mid-day meals, on the
playground, at common drinking facilities or while using common toilet
facilities and in the cleaning of toilets or classrooms. (1)
The Local Authority shall
develop a record management system and shall maintain records of all children,
in its jurisdiction, through a household survey to be carried out by an officer
notified by the Government in that behalf or through other means like school
register and/or focused group discussion, from their birth till they attain 14
years. (2)
The record referred to in
sub-rule (1) shall be updated every year. (3)
The record referred to in
sub-rule (1) shall be maintained transparently, shall be placed in the public
domain, and used for the purposes specified in clause (e) of section 9 and for
the purposes of special training under section 8. (4)
The record re ferred to in
sub-rule (1) shall, in respect of every child, include,-- (a)
name, sex, date of birth,
(Birth Certificate Number), if any, place of birth; (b)
parent's or guardian's name,
address, occupation, relation to child; (c)
pre-primary school or
Anganwadi centre that the child attends upto the age of six years (with details
of location); (d)
details of the elementary
school where the child is admitted with details of name, address, etc; (e)
permanent address and
present address of residence of the child; (f)
class in which the child is
studying (for children between age 6-14), and if education is discontinued in
the territorial jurisdiction of the Local Authority, the cause of such
discontinuance; (g)
whether the child belongs to
the weaker section within the meaning of clause (e) of section 2 of the Act (if
so, details to be given); (h)
whether the child belongs to
a disadvantaged group within the meaning of clause (d) of section 2 of the Act
(if so, details to be given); (i)
details of special
facilities or residential facilities required by children on account of
migration, sparse population, age-appropriate admission, disability, transport
facility, home visit-based education, etc. (5)
(a) Appropriate Child
Tracking System shall be developed as a tool to track the children dropping out
or absenting for more than one month; (b)
? the Local Authority shall ensure that
the names of all children in the age group of 6 to 14 years in the area under
its jurisdiction are publicly displayed in each school before the beginning of
the first and the second term. Explanation.--It
shall be necessary to obtain information about children with disabilities every
year till they attain the age of 18 years for the purposes of sub-sections (26)
and (27) of section 2 of the Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1995 (1 of 1996). PART
IV Responsibilities
of Schools And Teachers (1)
The school referred to in
sub-clauses (iii) and (iv) of clause (n) of section 2, i.e. schools of
specified category or non-aided schools not receiving aid or grant of any kind
shall ensure that children admitted in pursuance of clause (c) of sub-section
(1) of section 12 shall not be given discriminatory treatment, 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, nor shall
any programmes be conducted separately, other than extra classes, for them and
for other children. (2)
The school referred to in
clauses (iii) and (iv) of sub-section (n) of section 2, i.e. schools of
specified category or non-aided schools not receiving aid or grant of any kind
shall ensure that children admitted in pursuance of clause (c) to 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 textbooks,
uniforms, library, Information and Communication Technology facilities,
extra-curricular activities and sports, etc. (3)
The areas or limits of
neighbourhood schools specified in sub-rule (1) of rule 4 shall apply to
admissions made in pursuance of clause (c) of subsection (1) of section 12: Provided that, the
school shall, if necessary for the purposes of filling up the requisite
percentage of seats for children referred to in clause (c) of sub-section (1)
of section 12, extend these limits with the prior approval of the Government. (1)
The total annual recurring
expenditure incurred by the Government, whether from its own funds, or from
funds provided by the Central Government or by any other authority, for
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. Explanation.--For the
purpose of determining the per child expenditure, the expenditure incurred by
the Government or Local Authority on schools referred to in clause (ii) of
sub-section (n) of section 2 i.e. schools of specified category or non-aided
schools not receiving aid or grant of any kind and the children enrolled in
such schools, shall not be included. (2)
Every school referred to in
clauses (iii) and (iv) of sub-section (n) of section 2 i.e. schools of
specified category or non-aided schools not receiving aid or grant of any kind
shall maintain a separate bank account in respect of the amount received by it
as reimbursement under sub-section (2) of section 12. The amount of
reimbursement shall be equal to the actual amount of expenditure incurred per
child by the school or the amount of expenditure per child provided for under
sub-rule (I), whichever is less. (1)
Wherever a birth certificate
under the Registration of Births and Deaths Act, 1969 (18 of 1969) is not available,
any one of the following documents shall be deemed to be the proof of age of
the child for the purposes of admission in schools, namely:-- (a)
register or record
maintained by the Hospital or Auxiliary Nurse and Midwife (ANM) in respect of
the birth place of the child; (b)
Anganwadi record; (c)
in case the record is not
available a declaration by either father or mother of the child stating the
date of birth in case of a child belonging to disadvantage group or weaker
section, declaration of the age of the child by the parent or guardian,
certified by the Sarpanch of the village or Head Master of the local school, or
in case of urban or semi-urban area, by an officer notified by the Government
in that behalf. Explanation:--In such
cases, an officer of a rank senior to that of the officer admitting the child
to the school shall confirm of the child that the other documents acceptable in
place of the birth certificate are in fact, not available or cannot, in fact,
be obtained. (1)
The extended period of
admission from the date of commencement of the academic year of a school shall
be till the last date, before the end of the first term. (2)
A child may be admitted in a
school even after the expiry of the extended period. However, he or she shall
be entitled to complete the studies with the help of special training under
Special Training Programme as formulated by Maharashtra State Council for
Educational Research and Training under rule 3, for a period to be determined
by the head of the school. (1)
Every school, other than a
school established by the Government or the Local Authority, established before
the commencement of this Act (or any school which has received permission from,
or been recognized by the Government), shall make a self declaration within a
period of three months from the date of commencement of this Act in Form No. 1
to the concerned District Education Officer regarding its compliance or
otherwise with the norms and standards prescribed in the Schedule, and that the
school fulfills the following conditions. In case, a school is being run
without recognition from the Government without permission before or even after
the commencement of this Act, the school shall be punishable under section
18(5) of the Act, by a fine and shall also face legal action,-- (a)
Conditions that the school
is run by a society registered under the Societies Registration Act, 1860 (21
of 1860), or under the Bombay Public Trusts Act, 1950 (Bom. XXIV of 1950); (b)
that the school is not run
for profit of any individual, group or association of individuals or any other
persons; (c)
that the school confirms to
the values enshrined in the Constitution of India; (d)
that the school buildings
and other structures as well as the grounds are used only for the purposes of
education and skill development; (e)
that the school is open to
inspection by any officer authorized by the State Government or the Local
Authority; (f)
that the school furnishes
such reports and information as may be required by the Director of Education or
District Education Officer from time to time and complies with such
instructions of the State Government or the Local Authority, as may be issued
to secure the continued fulfillment of the conditions of recognition or the
removal of deficiencies in working of the school; (2)
Every self declaration
received in Form-1 shall be placed by the District Education Officer in public
domain displaying it on a notice board, website etc, within fifteen days of its
receipt. (3)
The District Education
Officer shall conduct on-site inspection of such schools which claim in Form-1
to fulfill the norms and standards prescribed in the Schedule and the conditions
mentioned in sub-rule (1) within three months of the receipt of the self
declaration. The said Officer shall personally verified either by himself or
through an officer sub-ordinate to him about such fulfillment and prepare a
report in the prescribed form. (4)
After the inspection
referred to in sub-rule (3) is carried out, the inspection report shall be
placed by the District Education Officer in public domain, web-site and schools
found to be conforming to the norms, standards prescribed in the schedule and
the conditions shall be granted recognition by the District Education Officer
in Form-2 within a period of 15 days from the date of inspection. (5)
Schools that do not conform
to the norms, prescribed in the Schedule and conditions mentioned in sub-rule (1)
shall be listed by the District-Education Officer through a public order to
this effect, and any time within the next two and a half years, after the
report under sub-rule (3) is submitted to the authorities such schools may
apply to the District Education Officer for an on-site inspection for grant of
recognition. (6)
The Schools which fail to
confirm to the norms and standards prescribed in the Schedule and conditions
mentioned in sub rule (1) after three years from the commencement of the Act,
shall cease to function. (7)
Every school, other than a
school established by the Government or the Local Authority, established before
the commencement of the Act (or any school which has received permission from,
or been recognized by the Government), shall conform to the norms and standards
prescribed in the Schedule and conditions mentioned in sub-rule (1) in order to
qualify for recognition. It is the responsibility of the state government to
ensure that the schools established, owned or controlled by state government or
local authority shall comply with the norms and standards prescribed in the
Schedule and conditions mentioned in sub-rule (1) within a period of 3 years
from the commencement of the act. (8)
All prevalent rules of the
Government regarding grant or refusal of recognition of schools shall continue
to be in force. Also, the schools shall be recognized or granted permission if
they conform to the required norms standards prescribed in the Schedule and
conditions mentioned in sub-rule 1) only in those places where it is found to
be an actual need, on the basis of school mapping. (9)
Non-Government Organisations
and other institutions shall be encouraged to participate in improving the
quality of infrastructure and quality of education in schools run by Local
Authorities. (10)
Comprehensive system of
evaluation for teachers and schools shall be implemented. The evaluation may be
done by various ways like self evaluation, peer evaluation, etc. External
evaluation shall also be conducted periodically after such time and time
elapsed between two such evaluation shall not exceed more than three years. (1)
Where the District Education
Officer on his own motion, or on any representation received from any person,
has reason to believe, that a school recognised under rule 11, has violated one
or more of the conditions for grant of recognition or has failed to fulfill the
norms and standards prescribed in the Schedule, he shall record the reasons for
his belief and then,-- (a)
issue a notice to the
school, specifying the violations of the conditions of grant of recognition and
seek its explanation within one month. (b)
in case the explanation is
not found to be satisfactory or no explanation is received within the
stipulated time period, the District Education Officer may cause an inspection
of the school, to be conducted by a Committee of three to five members
comprising of educationists, civil society representatives, media, and
government representatives, which shall make due inquiry and submit its Report,
along with its recommendations for continuation of recognition or its
withdrawal, to the District Education Officer. (c)
the District Education
Officer shall forward the Report to the Director of School Education (Primary),
along with his comments, a copy of the report may be forwarded for information
to the State Commission for Protection of Child Rights. (2)
The School Education and
Sports Department, shall, convey its decision to the District Education Officer
through the Directorate of Education. (3)
The District Education
Officer shall, on the basis of the decision of the School Education and Sports
Department, pass an order canceling the recognition granted to the school. The
order of de-recognition shall be operative from the immediately succeeding
academic year and shall specify the neighborhood schools in which the children
of the de-recognised schools shall be admitted. The District Education Officer
shall also give the concerned neighborhood schools, in advance, a list of the
children to be admitted, with detailed information about the children. PART
V School
Management Committee (1)
In every school, other than
permanently unaided school, a School Management Committee shall be constituted
in the area limit of the school within three months from the date of
commencement of the new academic year and reconstituted every two (2)
This school management committee
will perform the functions mentioned in these Rules, for the classes of
standards 1 to 8. (in whichever administrative pattern the school is
functioning). (3)
Two students of which at
least one is girl shall be co-opted as members. Such co-opted members shall
have no voting rights. (4)
50 per cent, of members of
such committee shall be women. (5)
Seventy five per cent, of
the strength of the School Management Committee shall be from amongst parents
or guardians of children. They shall be selected or elected in a meeting of
parents of the school. (6)
Parents of children of the
weaker and deprived sections so also the parents of children with three
different levels (high, medium and low) of achievements shall be represented
adequately. (7)
The remaining twenty-five
per cent, of the strength of the School Management Committee shall be formed
amongst elected members of Local Authorities, members of management, head
teachers or senior teachers, teachers, educationists or child development
experts. (8)
The chairperson of school
management committee shall be elected from among the parents in case of schools
managed by Government or Local Authority. In case of aided schools
representative of the management shall be the chairperson. (9)
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-secretary of the School
Management Committee and will carry out all election-related work. He or She
shall also be responsible for conducting the monthly meetings of the School
Management Committee. (10)
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. (11)
The School Management
Committee shall either itself or through its sub-committees, in addition to the
functions specified in clauses (a) to (d) of sub-section (2) of section 21,
namely:-- (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 State
Government, local authority, school, parent and guardian; (b)
ensure the implementation of
clauses (a) and (e) of sub-section (1) 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 enrollment and
continued attendance of all the children from the neighbourhood school; (e)
monitor the maintenance of
the norms and standards prescribed in the Schedule; (f)
bring to the notice of the
Local Authority 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; (g)
for the provisions of
section 4, identify the needs, prepare a Plan, and monitor the implementation; (h)
monitor the identification
and enrollment of disabled children, and the availability of learning materials
and other facilities and ensure their participation in, and completion of
elementary education; (i)
monitor the implementation
of the Mid-Day Meal and other Government schemes in the school; (j)
cause to prepare an annual
account of receipts and expenditure of the school; (k)
take children's opinion
through the report of Bal Panchayats formed in the school. (12)
Any money received by the
School Management Committee in the discharge of its functions under the Act,
shall be kept in a separate account, to be made available for audit every year. (13)
The accounts referred to in
clause (j) to sub-rule (11) and sub-rule (12) shall be signed by the
Chairperson, Vice-Chairperson and Member-secretary of the School Management
Committee and be made available to the Local Authority within one month of
their preparation. (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 of three annual sub-plans. (3)
The School Development Plan
shall contain the following details,-- (a)
estimates of class-wise
enrollment 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 besides other appointments,
separately for Standards I to V and standards VI to VIII, calculated, with
reference to the norms specified in the Schedule to the said Act; (c)
requirement of additional
infrastructure and equipments over the three-year period, calculated and
updated, with reference to the norms and standards specified in the Schedule; (d)
additional financial
requirement over the three-year period, year-wise, in respect of clauses (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; (e)
requirement of additional
teachers for the reason of special training arrangement for out-of-school
children, periods of teachers' extended long leave, maternity leave, special
leave, concessions, etc; (f)
educational rehabilitation
arrangements for children from the weaker sections, disadvantaged sections and
children with disabilities. (4)
The School Development Plan
shall be signed by the Chairperson or Vice-Chairperson and Member-Secretary of
the School Management Committee and submitted to the Local Authority before the
end of the financial year in which it is to be prepared. PART
VI Teachers (1)
The academic authority
notified in pursuance of sub-section (1) of section 23, shall, within three
months of such notification, lay down the minimum qualifications for persons to
be eligible for appointment as a teacher in an elementary school. (2)
The minimum qualifications
laid down by the academic authority referred to in sub-rule (1) shall be
applicable for every school referred to in clause (n) of section 2. The Government shall
estimate the teacher requirement as per the norms mentioned in the Schedule for
all schools referred to in clause (n) of section 2 within the State, within six
months from the commencement of the Act, and the number of institutions
required for offering courses or training in teacher education. If the number
of such institutions are found to be inadequate to train estimated requirement
of teachers or the number of teachers available is less that the estimated
number of teachers, the Government shall make representation to the Central Government
for relaxation of minimum qualifications required for appointment as a teacher. (1)
The Government, with the
help of government-aided and unaided teacher training institutions, shall
provide adequate teacher education facilities to ensure that all teachers in
all types of schools referred to in sub-clauses (i) and (iii) of-clause (n) of
section 2, who do not possess the minimum qualifications laid down under
sub-rule (2) of rule 15 at the time of commencement of the Act, acquire such
minimum qualifications within a period of five years from the commencement of
the Act or the date of their appointments as per sub-section (2) of section 23,
as the case may be. (1)
The Government or the Local
Authority, as the case may be, shall specify terms and conditions of service
and salary and allowances of teachers employ only if in order to create a
professional and permanent cadre of teachers. (2)
In particular and without
prejudice to sub-rule (1), the terms and conditions of service shall take into
account the following norms, namely:-- (a)
accountability of teachers
to the School Management Committee constituted under section 21; (b)
provisions enabling long
term stake of teachers in the teaching profession. (1)
For proper performance of
the functions specified in sub-section (1) of section 24 and in order to
fulfill the requirements of clause (h) of subsection (2) of section 29, the
teacher shall maintain a file containing the Pupil Cumulative Record for every child
which shall form the basis for awarding the completion certificate specified in
sub-section (2) of section 30. (2)
In addition to the functions
specified in clauses (a) to (e) of sub-section (1) of section 24, a teacher may
perform the following duties assigned to him or her, without interfering with
regular teaching, namely:-- (a)
participation in training
programmes; (b)
participation in curriculum
formulation and development of syllabi, training modules, text book development
and development of evaluations; (c)
identification of out of
school children within the locality and ensuring their enrollment in the
neighbourhood school. (d)
ensuring attendance of
children enrolled in the school. (1)
A teacher or employee of a
school other than a school run by Government or Local Authority, who is
aggrieved by any of the decisions of the management regarding his or her
service conditions or a teacher or an employee,-- (a)
who is dismissed or removed
or whose services are otherwise terminated or who is reduced in rank, by the
order passed by the management; or (b)
who is superseded by the
management while making an appointment to any post by promotion and shall have
a right of appeal and may appeal against such order or supersession to the
tribunal constituted under section 8 of the Maharashtra Employees of Private
Schools (Conditions of Service) Regulation Act, 1977 (Mah. III of 1978). (2)
The appeals so preferred
shall be governed by the provisions of sections 8, 9, 10, 11, 12, 13 and 14 of
the Maharashtra Employees of Private Schools (Conditions of Service) Regulation
Act, 1977 (Mah. III of 1978) and the Rules 39 and 43 of the Maharashtra
Employees of Private School (Conditions of Service) Rules, 1981. (1)
The Government or the Local
Authority, as the case may be, may redeploy teachers of schools having a
strength in excess of the sanctioned strength on 31st of July every year. (2)
If any officer or employee
of the Government or the Local Authority violating the provisions of
sub-section (2) of section 25, he or she shall be personally liable for a
disciplinary action. PART VII Curriculum And Completion Of Elementary
Education (1)
For the purposes of section
29 the Government shall notify the academic authority. (2)
For promoting quality at the
district and block level the Academic District and block Resource Group shall
be formed by inviting or selecting through a defined process, members from
amongst educationists, educators, academicians, experts, researchers,
Non-Government Organisations, experimental schools, secondary and elementary
teachers and others. (3)
The Academic Authority shall
lay down the curriculum and evaluation procedure. It shall lay down the
learning outcomes for each class which will include knowledge, skills, values
and attitudes. The curriculum shall also include the conduction of activities
like Balbhavan, science clubs, arts clubs, music clubs, sports teams, etc
conducive for all round development of the students. (4)
The Academic Authority shall
also prepare the textbooks with the help of the Maharashtra State Bureau of
Text Books Production and Curriculum Research, Balbharti, Pune (M.S.B.T.P.C.R.)
and other Teaching Learning Methodologies, with the help of State Institute of
Educational Technology, Balchitrawani, Pune (S.I.E.T.) (5)
The Academic Authority shall
develop teacher-training design of different natures and shall also develop
such capacity in District Institute of Educational Training (D.I.E.T.) and
Block Resource Centre (B.R.C.); and Urban Resource Center (U.R.C.) Academic
District Resource Group and Academic Block Resource Group, etc. Maharashtra
State Educational Research and Training Council shall periodically evaluate the
teacher training programmes and make necessary improvements. (6)
The Academic Authority shall
prepare guidelines for meaningful and innovative schools for granting
permission to such schools. (7)
The Academic Authority with
the help of the Maharashtra Institute of Educational Planning and
Administration, (M.I.E.P.A.) Aurangabad, shall design process of holistic
school quality assessment on a regular basis. The implementation of these
assessments at the block level will be performed by the block education
officers, extension officers and Block Resource Group and others as may be
defined by the Academic Authority. (8)
All State, district and
block level institutions, including Academic Authority, shall be evaluated
periodically. Such evaluation may be done through internal or external agencies
as may be decided. The reports of such evaluations should be in public domain.
The time elapsed between two such evaluations shall not exceed more than five
years. (1)
The Certificate of
completion of elementary education shall be issued at the school or block or
district level 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 and acquired all courses of study as per section 29 with laid down
learning levels. (b)
contain the Pupil Cumulative
Record of the child and also specify achievements of the child in areas of
activates beyond the specified course of study and may mention attainment in
music, dance, literature, sports, etc. The Maharashtra State Council of
Educational Research and Training, shall design the format of this record. PART-VIII Protection
of Rights of Children (1)
The State Commission for Protection
of Child Rights, shall set up a child help-line, accessible by S.M.S.,
telephone and letter, or any other such facilities, which would act as the
forum for aggrieved child or guardian to register complaint regarding violation
of rights under the Act, in a manner that records his or her identity but shall
not disclose it. (1)
The State Advisory Council
shall consist of a Chairperson and fourteen Members. (2)
The Minister and Minister
for State for School Education, of the Government shall be the ex-officio
Chairperson and Vice-chairperson, respectively, of the Council. (3)
Members of the Council,
shall be appointed by the State Government from amongst persons having
knowledge and practical experience in the field of elementary education and
child development, as under, namely:-- (a)
At least four members should
be from amongst persons belonging to Scheduled Castes, Scheduled Tribes and
Minorities; (b)
At least one member should
be from amongst persons having specialized knowledge and practical experience
of education of children with special needs; (c)
One member should be from
amongst persons having specialised knowledge in the field of primary education (d)
At least two members should
be from amongst persons having specialized knowledge and practical experience
in the field of teacher education. (e)
Fifty percent of such
members shall be from amongst women (4)
The Department of School
Education and Sports shall provide logistic support for meetings of the Council
and its other functions. (5)
The procedure for
transaction of business of the Council shall be as under, namely:- (i)
the Council shall meet
regularly at such times as the Chairperson thinks fit but a period of three
months shall not intervene between its last and the next meeting; (ii)
the meeting of the Council
shall be presided over by the Chairperson. If for any reason the Chairperson is
unable to attend the meeting of the Council, he may nominate the
Vice-chairperson of the Council to preside over such meeting on his behalf.
Quorum of the meeting of the Council shall be considered complete if at least
50% of its members are present. (6)
The terms and conditions for
appointment of Members of the Council shall be as under, namely:- (a)
every non-official member
shall hold office for a term of two years from the date on which he assumes
office: Provided that, no
member shall hold office more than two terms: (b)
the member may be removed
from his office by an order of the Government on the ground of proved
misbehavior or incapacity, or on the happening of any one or more of the
following event, namely :- (i)
is adjudged an insolvent; or (ii)
refuses to act or become
incapable of acting; or (iii)
is or has become of unsound
mind and stands so declared by a competent Court; or (iv)
has so abused his office as
to render his continuance in office detrimental to the public interest; or (v)
is convicted for an offence
involving moral turpitude by a competent Court; or (vi)
is, without obtaining leave
of absence from the Council, absents himself for two consecutive meetings of
the Council, (c)
no Member shall be removed
from his office without being given an adequate opportunity of being heard., (7)
Members of the Council shall
be entitled to reimbursement of traveling and daily allowances for official
tours and journeys in accordance with the orders issued by the Government in
relation to non-official members of the Committees and Commissions and such
like categories of persons.MAHARASHTRA RIGHT
OF CHILDREN TO FREE AND COMPULSORY EDUCATION RULES, 2011
PREAMBLE