PUNJAB RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION RULES, 2011 [AMENDED UPTO 2023]

PREAMBLE

In exercise of the powers conferred by section 38 of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act No. 35 of 2009), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules, for carrying out the provisions of the said Act, namely:

PART I PRELIMINARY

Rule - 1. Short title and commencement.

(1)     These rules may be called the Punjab Right of Children to Free and Compulsory Education Rules, 2011.

(2)     They shall come into force on and with effect 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 Centre" means a centre, established by the Punjab Government under the Integrated Child Development Scheme of Government of India in the Ministry of Women and Child Development;

(c)      "Director" means the Director, Public Instruction (Elementary Education), Punjab;

(d)      "District Education Officer" means District Education Officer (Elementary Education) of the district concerned;

(e)      "Form" means a Form, appended to these rules;

(f)       "Pupil Cumulative Record" means the progress record of the child, based on his or her comprehensive and continuous evaluation in the school;

(g)      "school mapping" means the planning of school location to overcome social barriers and geographical distance on the basis of mapping of 614 age group children;

(h)     "uniform" means uniform as prescribed for the students of the school;

(i)       "weeker section" means as notified by the Punjab Government from time to time;

(j)       "section" means the section of the Act; and

(k)      "State Government" means the Government of the State of Punjab in the Department of School Education;

(2)     The words and expressions used in these rules, but not defined, shall have the same meaning, as assigned to them in the Act.

PART II RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION

Sections 4 and 38

Rule - 3. Special training for providing education.

(1)     The School Management Committee or the Local Authority, as the case may be, 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, age specific learning material, which shall be approved by the academic authority, as specified in sub-section (1) of section 29;

(b)      it shall be provided in the classes held on the premises of the school or through the classes organized in a safe residential area;

(c)      it shall be provided by teachers working in the schools, or by the teachers specially appointed by the School Management Committee or the Local Authority, as the case may be; and

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

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

PART III DUTIES OF STATE GOVERNMENT AND LOCAL AUTHORITY

Sections 6 and 38

Rule - 4. Areas or limits of the neighborhood from schools.

(1)     The area or limits of neighborhood within which a school has to be established on the recommendation of a local authority by the State Government shall be as under:

(a)      in respect of children of classes I to V, a school shall be established within a distance of one kilometer from the place of their habitation; and

(b)      in respect of children of classes VI to VIII, a school shall be established within a distance of three kilometer from the place of their habitation

(2)     Whenever required, the State Government may upgrade the existing schools having classes from 1st to 5th Standard to the classes having 6th to 8th Standard.

(3)     With a view to ensuring the attendance of children of border area, bet area, kandi area, sub-mountainous area or flood affected area, the State Government or the Local Authority, as the case may be, shall locate or establish schools keeping in view the distance from their homes by relaxing the limits, as specified in sub-rule (1) within a period of six months from the commencement of these rules, and shall prepare the record of such school.

(4)     For the children from small villages, dhanies or abadies, as identified by the State Government or the Local Authority, as the case may be, where no schools exists within the area or limits of neighborhood, specified under sub-rule (1), the State Government or the Local Authority, as the case may be, shall make adequate arrangements, such as free transportation, residential facilities and other facilities, for providing elementary education to such children in a school, in relaxation of the limits specified under sub-rule (1).

(5)     In areas with high population density, the State Government or the Local Authority, as the case may be, may consider the desirability of establishing more than one neighborhood schools, having regard to the number of children in the age group of 6 to 14 years in such areas.

(6)     The State Government or the Local Authority, as the case may be, shall identify the neighborhood school or schools, where children can be admitted, and inform public in this regard.

(7)     In respect of children with disabilities which prevent them from accessing the school, the State Government or the Local Authority, as the case may be, will endeavour to make appropriate and safe transportation arrangements for them to attend the school for completing their elementary education.

(8)     The State Government or the Local Authority, as the case may be, shall ensure that access of children to the schools is not hindered on account of social and cultural factors.

(9)     The State Government shall work out an action plan to ensure that a neighborhood school is provided for each child within a period of three years from the commencement of these rules.

Sections 8 and 9

Rule - 5. Duties of the State Government and the Local Authority.

(1)     A child attending a school referred to in sub-clauses (i), (ii), (iii) and (iv) of clause (n) of section 2 in pursuance of the provisions clauses (a), (b) and (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 clauses (b) and (c) of sub-section (1) of section 12, the responsibility of providing free entitlement shall be of the schools referred to in sub-clauses (ii), (iii) and (iv) of clause (n) of section 2, respectively.

(2)     Within a period of one year from the commencement of these rules, and every year thereafter, for the purpose of determining and establishing neighborhood schools, the State Government or the Local Authority, as the case may be, 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 the children referred to in section 4.

(3)     The State Government or the Local Authority, as the case may be, shall ensure that no child is subjected to caste, class, religion 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 and Local Authority shall ensure that a child belonging to a weaker section or 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.

Sections 8 and 38

Rule - 6. Maintenance of records.

(1)     The Local Authority, through a household survey in the area of its jurisdiction, shall maintain a record of all children, from their birth till they attain the age of 14 years,

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

(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 Number), place of birth;

(b)      parents'/guardians' names, address, occupation;

(c)      per-primary school/Anganwadi Centre that the child attends (upto age 6);

(d)      elementary school where the child is admitted;

(e)      present address 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 a disadvantaged group within the meaning of clause (d) of section 2;

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

(i)       details of children requiring special facilities or residential facilities on account of migration and sparse population, age specific admission or disability.

(5)     The Local Authority shall ensure that names of ail the children enrolled in the school under its jurisdiction are publicly displayed in each school,

(6)     The Local Authority shall ensure that the children of migratory people and locally mobile people, if available, are enrolled in the schools under its jurisdiction.

PART IV RESPONSIBILITIES OF SCHOOL AND TEACHERS

Sections 12 and 38

Rule - 7. Admission of children belonging to weaker section and disadvantaged group.

(1)     The schools referred to in sub-clauses (iii) and (iv) of clause (a) of section 2, shall ensure that children admitted in pursuance of clause (c) to subsection (1) of section 12, shall not be segregated from other children in the classrooms nor shall their classes be held at places and timings different from the classes held for the other children. It shall also be ensured by such schools that the said children are not discriminated from the rest of the children in any manner pertaining to entitlements and facilities such as text books, uniforms, library and Information Computer Technology facilities, extra-curricular activities and sports.

(2)     The areas or limits of neighborhood 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, if the requisite number of such children are not available, the school may, for the purpose of filling up the requisite percentage of seats by children referred to in clause (c) of sub-section (i) of section 12, extend these limits with the prior approval of the State Government:

Provided further that while admitting children in pre-primary classes, any school referred to in sub-clauses (iii) and (iv) of clause (n) of section 2, shall also be required to admit to the extent of at least twenty-five per cent of the strength of that class, the children belonging to the weaker section and the disadvantaged group, if such a school is admitting students in such classes.

(3)     A school referred to in sub-clause (iv) of clause (n) of section 2, run by a minority institution under appropriate law, shall also be required to admit students belonging to the weaker section and the disadvantaged group as provided in clause (c) of sub-section (1) of section 12, However, the minority institution shall be at liberty to admit the same percentage of students of the weaker section and the disadvantaged ground belonging to that particular minority only to which such an institution pertains.

(4)     All admissions of the children belonging to the weaker section and the disadvantaged group shall be made by the school itself If such children are unable to get admission in the schools referred to in sub-clauses (i) and (ii) of clause (n) of section 2 due to non-availability of seats or for any other reason, then their parents or guardians may apply to get admission in the schools referred to in sub-clauses (iii) and (iv) of clause (n) of section 2 against the twenty-five per cent seats reserved for them. Admission to these seats shall be made by a draw of lots.

(5)     Admission of the remaining seventy-live per cent seats meant for the children other than the children belonging to weaker section and disadvantaged group will be made by draw of lots or randomization without conducting and screening test or interview of children or their parents.

(6)     If any person feels aggrieved from the procedure of admission referred to above, he will be at liberty to make representation in this regard to the committee to be constituted by the State Government in every district.

(7)     If any person feels aggrieved from the decision of the committee referred to in sub-rule (6), he may file an appeal to the State Government within a period of one month from the date of decision of the committee.

Sections 12 and 38

Rule - 8. Reimbursement of per-child expenditure by the State Government.

(1)     The total annual recurring expenditure incurred by the State Government, whether from its own funds or from the funds provided by the Central Government or by any other authority, on the teaching or learning in the schools of elementary education, 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 State Government. The total per-child expenditure shall be calculated and notified by the State Government every year by the 30th June.

(2)     Every school referred to in sub-clauses (iii) and (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.

(3)     Every school referred to in sub-clause (iv) of clause (n) of section 2, shall submit its claims in Form-ill with respect to the twenty-five per cent children belonging to the weaker sections and the disadvantaged groups from the 1st April and the 30th September of a respective year to the District Education Officer. The District Education Officer, after verifying the claims, shall transfer the payment due to such a school in the manner to be determined by the State Government from time to time.

Sections 14 and 38

Rule - 9. Documents for age proof.

Wherever a birth certificate under the Births, Deaths and Marriages Registration Act, 1886 (Act No. 6 of 1886) is not available, any of the following documents shall be deemed to be the proof of age of the child for the purpose of admission in schools.

(a)      the Hospital/Nursing Home/Auxiliary Nurse and Midwife (ANM)/Village Chowkidar Register record;

(b)      the Anganwadi record; and

(c)      the declaration by the parents or guardian of the child about the date, month and year of birth of the child.

Sections 15 and 38

Rule - 10. Extended period for admission.

(1)     Extended period of admission shall generally be four months from the dale of commencement of the academic year of a school. However, no child shall be denied admission to a school at any point of time during an academic year:

Provided that the procedure specified in these rules, for admission of a child shall be followed.

(2)     Where a child is admitted to a school during the extended period, his or her studies shall be got completed by providing him or her special training, as may be deemed appropriate by the School Management committee in consultation with the Local Authority.

Sections 18 and 38

Rule - 11. Recognition of schools.

(1)     Every school other than a school established, owned or controlled by the State Government or the Local Authority, as the case may be, established before the commencement of the Act, shall make a self declaration in Form-I, within a period of three months after the commencement of these rules, to got recognition under these rules, to the District Education Officer regarding its compliance or otherwise with the norms and standards as specified in the Schedule and the following conditions:

(a)      that the school is run by a society registered under the Societies Registration Act, 1860 (Act No. 21 of 1860), or a public trust, constituted under any law for the time being in force;

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

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

(d)      that the school buildings, other structures and 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, as the case may be; and

(f)       that the school complies with the instructions issued by the State Government or the Local Authority from time to tune, with regard to the fulfilment of the conditions of recognition of the school, or the removal of deficiencies in the working of the school, and furnishes such information, as may be required by the Director or the District Education Officer

(2)     Every self declaration received in Form-I, shall be placed by the District Education Officer in public domain within fifteen days of its receipt.

(3)     The District Education Officer shall conduct inspection of such schools which claim to have fulfilled the norms and standards in Form-I and the conditions given in sub-rule (1) within a period of three months of the receipt of such self declaration.

(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, and the schools found to be conforming to the norms, standards and conditions, shall be granted recognition by the District Education Officer in Form-II within a period of 15 days from the date of inspection.

(5)     The schools, which do not conform to the norms, standards and conditions mentioned in sub-rule (1), shall be listed by the District Education Officer by an order, made to this effect, which shall be notified in the Official Gazette. Such schools may remove forty per cent of the deficiencies with in a period of one year from the date of publication of the said order, and shall send intimation to this effect to the District Education Officer. However, such schools shall have to remove the deficiencies with in a period of three years positively from the date of commencement of these rules.

(6)     The schools, which do not conform to the norms, standards and conditions mentioned in sub-rule (1), even after the expiry of the said period of three years, as specified in sub-rule (5), their recognition shall be deemed to have been withdrawn, and they shall cease to function.

(7)     Every school, other than the school established, owned or controlled by the State Government or the local authority, established after the commencement of these rules, shall conform to the norms, standards and conditions, mentioned in sub-rule (1), in order to qualify for recognition.

(8)     Before establishing any school under sub-rule (7), an application shall have to be made by the owner or management committee of such school or any authorised person in Form-I to the District Education Officer.

(9)     After the receipt of an application under sub-rule (8), the District Education Officer shall scrutinize it, and if it is found by him that the school fulfils the prescribed norms and conditions, he shall grant recognition to the school. If the District Education Officer is of the opinion that the school does not conform to the prescribed standards, norms and conditions, he shall refuse to grant recognition:

Provided that before passing an order of refusal for the grant of recognition, he shall give an opportunity of being heard to the owner or the management committee of the school or the authorised person, as the case may be.

(10)   Any person, aggrieved by an order of refusal of the grant of recognition, may prefer an appeal to the Director with in a period of thirty days from the date of receipt of the order of refusal.

(11)   The second appeal shall lie to the State Government against the order of the Director passed under sub-rule (10).

Sections 12, 18 and 38

Rule - 12. Withdrawal of recognition to schools.

(1)     Where the District Education Officer either on his own motion or on any representation received from any person, has reason to believe, to be recorded in writing that a school recognised under section 12, has violated any of the conditions for grant of recognition or has failed to fulfil the norms and standards prescribed in the Schedule, he shall act in the following manner, namely:

(a)      issue a notice to the school specifying the violations of the condition for grant of recognition and seek its explanation within a period of one month from the date of issue of the notice;

(b)      in case, the explanation is not found to be satisfactory or no explanation is received within the stipulated period, the District Education officer may cause an inspection of the school, to be conducted by the Committee referred to in sub-rule (6) of rule 7, which shall make due inquiry and submit its report along with its recommendation for continuation of recognition or its withdrawal to the District Education Officer;

(c)      the District Education Officer shall examine the report and after giving an opportunity of being heard to the management of the school concerned, make recommendation in this regard and send the same to the Director for taking final decision in the matter. The Director, after taking into consideration the said recommendation and other relevant facts and circumstances of the case, may pass an appropriate order in the matter and send a copy thereof to the State Government. The order of de-recognition, if passed, shall be operative with effect from the succeeding academic year and it shall also specify the neighborhood school, to which the children of derecognized school shall be admitted.

(d)      aggrieved with any order, passed by the Director under clause (c), the school management may file an appeal before the Punjab State Commission for Protection of Child Rights within a period of one month of passing such order, which shall decide the case after giving reasonable opportunity of being heard to the parties within a period of three months from the date of filing of such an appeal.

PART V SCHOOL MANAGEMENT COMMITTEE

Sections 21 and 38

Rule - 13. 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 a period of six months from the date of commencement of these rules for a period of two years after which, it shall be reconstituted.

(2)     On and with effect from the commencement of these rules, there shall be only one School Management Committee for a school irrespective of the fact whether such a school is a Primary School or a Middle School or a Secondary School or a Senior Secondary School.

(3)     Seventy-five per cent of the strength of the School Management Committee shall be from amongst the parents or the guardians of the students of the school concerned, out of whom at least fifty per cent shall be women.

(4)     ["The remaining twenty-five per cent of the strength of the School Management Committee shall be from amongst the following persons, namely:-

(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 the teachers from the school, to be decided by the teachers of the school;

(c)      remaining one third from amongst the students in the school, to be decided by the students themselves, and

(d)      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, but he shall not have any right to vote:

Provided that two additional members shall be included in the School Management Committee as special invitees out of which one member shall be a social worker residing in vicinity of the respective school and the other member shall be an educationist meaning thereby that such a person has worked in the education sector in a University, college, school or any other educational institution on a teaching post, or any other retired Government employee from Group-A service:

Provided further that such additional members shall not have any right to vote and their role in the School Management Committee shall only be advisory in nature:

Provided further that such additional members shall not be eligible to be elected as a Chairperson or Vice- Chairperson of the School Management Committee.".][1]

(5)     The School management Committee shall elect a Chairperson and a Vice-Chairperson from amongst the non-official members to manage its affairs. 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 ex-officio Member-Secretary and Convener of the School Management Committee.

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

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

(a)      communicate in a simple and creative way to the people in the neighborhood of the school, the rights of the child as enunciated in the Act and the duties of the State Government, Local Authority, school, parent and guardian, to impart education to the children;

(b)      ensure the implementation of clauses (a) to (e) of sub-section (1) of section 24, and section 28;

(c)      ensure that as far as possible, the teachers are not burdened with non- academic duties other than those specified under section 27;

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

(e)      ensure the maintenance of the norms and standards specified 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 the children, denial of admission, and timely provision of free entitlement as per provisions of sub-section (2) of section 3;

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

(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)       plan and monitor the service of mid-day meal in the school;

(j)       prepare an annual account of receipts and expenditure of the school; and

(k)      monitor that the teachers take all measures to improve the quality of education of the students in the school.

(8)     Any money received by the School Management Committee for the discharge of its functions under the Act, shall be kept in a separate account, to be made available for audit every year.

(9)     The accounts referred to in clause (j) of sub-rule (7) and sub-rule (8), shall be signed by the Chairperson or Vice-Chairperson, and Convener of the School. Management Committee and made available to the Government or the Local authority, as the case may be, within a period of one month from the date of their preparation.

Sections 22 and 38

Rule - 14. Preparation of School Development Plan.

(1)     The School Management Committee, shall prepare a School Development Plan at least three months before the end of the financial year.

(2)     The School Development Plan shall be a 'Two Year Plan' comprising two annual sub-plans.

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

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

(b)      requirement for the next two years' period of the number of additional teachers, including Head Teachers, subject teachers and part time teachers, separately for classes I to V and classes VI to VIII, calculated with reference to the norms specified in the Schedule;

(c)      physical requirement for the next two years' period of additional infrastructure and equipments, calculated with reference to the norms and standards specified in the Schedule; and

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

(4)     The School Development Plan shall be signed by the Chairperson or the Vice-Chairperson and Convener of the School Management Committee and it shall be submitted to the State Government or the Local Authority, before the end of the financial year in which it is to be prepared.

PART VI TEACHERS

Sections 23(1) and 38

Rule - 15. Minimum qualifications.

The minimum qualifications laid down by the academic authority authorised by the Central Government by notification in terms of the provisions of sub-section (1) of section 23, shall be applicable to every school referred to in clause (n) of section 2.

Sections 23(2) and 38

Rule - 16. Requirement of Teachers.

The State Government shall estimate the requirement of the number of teachers as per the norms laid down in the Schedule for all schools, referred to in clause (n) of section 2 within the State, within six months form the commencement of these rules.

Sections 23(2) and 38

Rule - 17. Acquiring minimum qualification.

For a teacher of any school referred to in sub-clauses (ii) and (iv) of clause (n) of section 2, who does not possess the minimum qualifications, laid down under rule 15 at the time of commencement of these rules, the management of such school shall enable such a teacher to acquire such minimum qualifications within a period of five years from the commencement of the Act, and the Government shall provide training institute for the same. However, after issuance of the notification under subsection (1) of section 23 by the Central Government, no person shall be eligible for appointment as teacher, if he does not possess the qualifications/laid down in the notification.

Sections 23(3) and 38

Rule - 18. Salary and allowances and conditions of service of teachers.

(1)     The State Government or the Local Authority, as the case may be, shall prescribe the terms and conditions of service, salary and allowances of the teachers in order to create a professional cadre of teachers.

(2)     In particular and without prejudice to the generality of sub-rule (1), the terms and conditions of service shall take into account the following factors, 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)     Any non-compliance of the provisions of clause (a) of sub-rule (2), shall invite necessary disciplinary action as per provisions of the relevant rules.

Sections 24(1)(f) and 38

Rule - 19. Duties to be performed by teachers.

(1)     In performance of the duties, specified in sub-section (1) of section 24 and in order to fulfil the requirement of clause (h) of sub-section (2) of section 29, the teacher shall maintain a file containing the Pupil Cumulative Record (PCR) for every child, which will be basis for awarding the completion certificate, specified in subsection (2) of section 30.

(2)     In addition to the functions specified in clauses (a) to (e) of subsection (1) of section 24, a teacher shall perform the following duties assigned to him or her, namely:

(a)      participation in all teacher training programmes; and

(b)      participation in curriculum formulation and development of syllabi, training modules and text book development or any other work related to the improvement of quality of education initiated by the Department of School Education.

Sections 24(3) and 38

Rule - 20. Grievance redressal mechanism for teachers.

(1)     The School Management Committee, constituted under section 21, shall be the first level of grievance redressal mechanism for the teachers of the schools.

(2)     The District Education Officer shah be the appellate authority for redressal of grievances of the teachers.

(3)     The State Government may constitute a School Tribunal at the State level, which shall be the second appellate authority for redressal of the grievances of the teachers.

PART VII CURRICULUM AND COMPLETION OF ELEMENTARY EDUCATION

Sections 30 and 38

Rule - 21. Award of certificate.

(1)     The certificate of completion of elementary education to a child shall be issued at the school level within a period of one month from the date 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 mentioned in section 29; and

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

FORM I

SELF DECLARATION-CUM-APPLICATION FOR GRANT OF RECOGNITION OF SCHOOL

(See sub-rule (1) of rule 11)

To

The District Education Officer,

(Name of District)

Sir,

I forward herewith a self declaration regarding compliance with the norms and standards specified in the Schedule, appended to the Right of Children to Free and Compulsory Education Act, 2009 and an application in the prescribed perform a for the grant of recognition to...........................(Name of the School)..........................with effect from the commencement of the school............................

Yours faithfully,

Enclosure:

Place:

Dated:

Chairman of Managing Committee/Manager of the School

PERFORMA

(A)     Details of the School :

(1)     Name of School

(2)     Academic Session

(3)     District

(4)     Postal Address

(5)     Village/City

(6)     Tehsil

(7)     Pin Code

(8)     Phone No. with STD Code

(9)     Fax No.

(10)   E-Mail address, if any

(11)   Nearest Police Station

(B)     General Information:

(1)     Year of Foundation

(2)     Date of first Opening of School

(3)     Name of Trust/Society/Managing Committee of the school.

(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 by way of an affidavit.

(7)     Name and official address of the Manager/President/Chairman of the School.

Name

Designation Address

(O)...............................

Phone

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

(8)     Total income and expenditure during the last 3 years surplus/deficit

(C)     Nature and area of school:

(1)     Medium of instruction

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

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

(4)     Whether the school recognized?

(5)     If yes, by which authority?

Recognition number

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

(7)     Whether the school building 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:

(D)     Enrolment Status;

(E)     Infrastructure Details and Sanitary Conditions Room Numbers Average Size:

(1)     Classroom

(2)     Office room-cum-Store Room-cum-Headmaster Room

(3)     Kitchen-cum-Store

(F)      Other Facilities :

(1)     Whether all facilities have barrier free access

(2)     Teaching Learning Material (attach list)

(3)     Sport and play equipments (attach list)

(4)     Books in Library

Books (No. of Books)

Periodical/Newspapers

(5)     Type and number of drinking water facility

(6)     Sanitary conditions

(i)       Type of W.C. and Urinals

(ii)      Number or Urinals/Lavatories, separately for boys

(iii)     Number or Urinals/Lavatories, separately for girls

(G)     Particulars of Teaching Staff :

(1)     Teaching in Primary/Upper Primary exclusively (details of each teacher separately):

(2)     Teaching in both Elementary and Secondary (details of each teacher separately):

(3)     Head Teacher;

(H)     Curriculum and Syllabus:

(1)     Details of curriculum and 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 ?

(I)      Certified that the school with its application, has also submitted information in the 'Date Capture Format' of the District Information System of Education.

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

(K)     Certified that the school undertakes to furnish such reports and information, as may be required by the District Education Officer from time to time and complies with such instructions of the appropriate authority or the District Education Officer, as may be issued to secure the continued fulfilment of the conditions of recognition or the removal of deficiencies in the working of the school.

(L)      Certified that records of the school relevant to the implementation of the Act, shall be open to inspection by any officer, authorized by the District Education Officer, or appropriate authority at any time, and the school shall furnish all such information, as may be necessary to enable the Central and/or State Government/Local Body or the Administration to discharge its obligations to parliament/Legislative Assembly of the State/Panchayat/Municipal Corporation, as the case may be.

Sd./

Chairman/Manager,

of the School

Place :

Date:

FORM II

[(See sub-rule (4) of rule 11)

OFFICE OF DISTRICT EDUCATION OFFICER

(Name of District/State)

No.

Dated:

The Manager,

Sub : Recognition Certificate for the school under sub-rule (4) of rule 11 of Right of Children to free and Compulsory Education Rules, 2011 for the purpose of section 18 of Right of Children to free and Compulsory Education Act, 2009.

Dear Sir/Madam,

With reference to your application datedand subsequent correspondence with the school/inspection in this regard, I convey the grant of provisional recognition to the-(name of the school with address) for Classto Classfor a period of three years w.e.f.to.

The above sanction is subject to the fulfilment of the following conditions, namely:

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

(2)     The school shall abide by the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (Annexure I) and the Right of Children to Free and Compulsory Education Rules, 2011 (Annexure II)

(3)     The school shall admit in class I, to the extent of-% of the strength of that class, children belonging to the weaker section and the disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion :

Provided, that in case of pre primary classes also, this norm shall be followed.

(4)     For the children referred to in paragraph 3, the school shall be reimbursed as per sub-section 2 of section 12 of the Act. To receive such reimbursement, the school shall provide a separate bank account.

(5)     The school shall not collect any capitation fee and subject the child or his or her parents or guardians to any Screening Procedure.

(6)     The school shall not deny admission

(a)      to any child for lack of age proof; or

(b)      if such admission is sought subsequent to the extended period prescribed period prescribed for admission; or

(c)      on the ground of religion, caste or race, place of birth or any of these reasons.

(7)     The school shall ensure that:

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

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

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

(d)      every child completing elementary education shall be awarded a certificate as laid down under rule 21;

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

(f)       the teachers are recruited with minimum qualifications, as laid under sub-section (1) of section 23;

provided that the existing teachers who, at the time of commencement of the Act, do not posses the minimum qualifications, shall acquire such qualifications with in a period of 5 years from the date of commencement of the Act.

(g)      the teachers perform their duties, specified under subsection (1) of section 24 of the Act; and

(h)     the teachers shall not engage himself or herself in any private teaching activities.

(8)     The school shall follow the syllabus on the basis of curriculum laid down by appropriate authority.

(9)     The school shall enroll students proportionate to the norms and standards available in the school as specified in section 19 of the Act.

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

Area of School campus

Total built up area

Area of play ground

No. of classrooms

Room for Headmaster-cum-Officer-cum- Storeroom

Separate toilet for boys and girls

Drinking Water Facility

Kitchen for cooking Mid Day Meal

Barrier free Access

Availability of Teaching Learning Material/Play Sports

Equipments/Library.

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

(12)   The school buildings or other structures or the grounds shall be used only for the purpose of education and skill development.

(13)   The school is run by a society registered under the Societies Registration Act, 1860 (Act No. 21 of 1860), or a public trust constituted under any law for the time being in force.

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

(15)   The accounts should be audited and certified by a Chartered Accountant and proper accounts statements should be prepared as per rules. A copy each of the Statements of Accounts should be sent to the District Education Officer every year.

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

(17)   The school furnishes such reports and information, as may be required by the Director or District Education Officer from time to time and complies with such instructions of the State Government/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.

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

(19)   Other conditions as per Annexure ‘III’ enclosed.

District Education Officer

District:

FORM III

(See sub-rule (3) of rule 8)

Format for claiming reimbursement of grant for the children belonging to the weaker section and the disadvantaged Group studying in schools under clause (iv) of clause (n) of section 2 of the Right of Children to Free and Compulsory Education Act, 2009.

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).

Origination/Minority/any other, specify).

Grants received by the school :

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

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

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

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

Class-wise number of student and students belonging to weaker section of the society:

Class-wise information of the students admitted in the school:

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

Fees structure of the school:

(1)     Fee charged from the children, other than the weaker section and disadvantaged group of the society of the school.

Name of the Class

(Please supply class-wise the similar information for all the classes being run in the school)

(2)     Month-wise and class-wise claim for the students belonging to weaker section of the society studying in the school:

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

(3)     Total claim for admission under the Right of Children to Free and Compulsory Education Act, 2009 for the private school:

(4)     Name of the Bank with address along with type of account, Account No, where the claim is to be Electronically Transferred;

Verification :

It is certified that the abovesaid particulars provided by the school for obtaining the reimbursement of claim for 25% of students belonging to the weaker section and disadvantaged group of the society are correct with further undertaking that all provisions as contained in the Right of Children to Free and Compulsory Education Act, 2009, and the rules framed thereunder, are being complied with.

Signature of the Authorised Person

(Managing Director/Principal/Trustee etc.)

Date:

Place: