Right of children to Free and compulsory Education Rules, 2011

[26th March, 2011]

Published vide Notification No. F-44/9/2011/ 20-2, dated 26.3.2011

No. F-44/9/2011/ 20-2 - In exercise of the powers conferred by sub-section (1) and (2) of section 38 of the Right of children to free and Compulsory Education Act, 2009 (No. 35 of 2009), the State Government hereby makes the following rules, namely:

Rule 1. Short title, extent and commencement.

(1)     These rules may be called the Right of children to Free and compulsory Education Rules, 2011.

(2)     They shall extend to the whole of Madhya Pradesh.

(3)     They shall come into force form the date of their publication in the Madhya Pradesh 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 (No. 35 of 2009);

(b)      "Anganwadi" means an anganwadi center established under the Integrated Child Development Scheme of Ministry of Woman and Child Development of the Government of India;

(c)      "Block Elementary Education Office" means office responsible for implementing the programmes for elementary education at the block level;

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

(e)      "Councillor" means elected member of a ward of a urban local body;

(f)       "district" means revenue district of the State;

(g)      "District Education Office" means responsible for management of elementary education at district level;

(h)     "Extended limit of neighbourhood" means the neighborhood area of the limit of neighborhood defined under clause (K);

(i)       "Gram Sabha" shall have same meaning as assigned to it in clause (viii) of section 2 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (No. 1 of 1994);

(j)       "Jan Shikshak " means resource teacher that coordinates academic activities in a cluster of schools;

(k)      "Limit of neighborhood" means, in case of classes I to V, in rural area, the village and adjoining villages and adjoining wards of urban area, if any, and in urban area, the ward and adjoining wards and adjoining villages, if any in case of classes VI to VIII, area of 3 K.M from this limit;

(l)       "Middle school" means school that imparts education from classes VI to VIII;

(m)    "Panch" means elected member of a ward of Gram Panchayat;

(n)     "Primary school" means school that imparts education from classes I to V;

(o)      "Rajya Shiksha Kendra" means the office of the head of the department responsible for management of elementary education;

(p)      "School mapping" means planning school location to overcome social barriers and geographical distance;

(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.

Rule 3. Special Training For Out of School Children.

(1)     The School Management Committee under the guidance of the local authority shall, as provided under section 4, 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 appropriate learning material, approved by the academic authority specified in section 29;

(b)      It shall be provided in classes held in the premises of the school, or through classes organized in safe residential accommodation;

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

(d)      The duration 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.

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

Rule 4. Areas or limits for the purposes of section 6.

(1)     The areas or limits of neighborhood within which a school has to be established by the State Government shall be the area or limit as defined in clause (K) of sub-rule (1) of rule 1.

(2)     Wherever required, the State Government shall upgrade existing schools from classes I to V to include classes VI to VIII. In respect of school which start from class VI onwards, the State Government shall endeavour to add classes I to V, wherever required.

(3)     In areas 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 State Government/local authority shall locate the school in such a manner as to avoid such dangers, by relaxing the limits specified under sub-rule(1).

(4)     For children from small hamlets or any other place as identified by the State Government/local authority, where no school exists within the area or limit of neighborhood specified under sub-rule (1) above, the State Government /local authority shall make adequate arrangement, such as free transportation, h residential facilities and other facilities, for providing elementary education in a school, in relaxation of the limits specified under sub-rule (1).

(5)     In areas high population density, the State Government /local authority may consider establishment of more than one neighborhood school, having regard to the number of children in the age group of 6-14 years in such areas.

(6)     The local authority shall identify the neighborhood school(s) where children can be admitted and make such information public for each habitation within its jurisdiction.

(7)     In respect of children with disabilities which prevent them from accessing the school, the State Government/local authority will endeavour to make appropriate and safe transportation arrangements for them to attend school and complete elementary education.

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

Rule 5. Duties of State Government and local authority.

(1)     For the purpose of determining and for establishing neighborhood school, the State Government/local authority shall undertake school mapping, and identify all children, including children in remote areas, children with disabilities, children belonging to disadvantaged group, children belonging to weaker section and children referred to in section 4, within a period of one year from the date of publication of the rules and every year thereafter.

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

(3)     For the purpose of clause (c) of section 8 and clause (c) of section 9, the State 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 ground, in the use of common drinking water and toilet facilities and in the cleaning of toilets or class rooms

(4)     The State Government shall ensure that free uniform is provided to all girls and the children belonging to the Scheduled Castes, Scheduled Tribes and below poverty line families studying in school established, owned or controlled by the State Government or the local authority.

Rule 6. Maintenance of records of children by local authority.

(1)     The local authority shall maintain a record of all children in it jurisdiction, through a household survey, from birth till they attain 14 years. A unique number may be given to every child to monitor his/her enrolment, attendance and learning achievement.

(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 purpose 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, place of birth;

(b)      Parents/guardians names, address, occupation;

(c)      Pre-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 weaker section within the meaning of clause (e) of section 2;

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

(i)       Details of children requiring special facilities / residential facilities in account of migration and sparse population; age appropriate admission and disability.

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

(1)     The school referred to 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 classroom nor shall their classes be held at places and timing different from the classes held for the other children.

(2)     The school referred to 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 entitlement and facilities such as text books , uniform , library and information Communication Technology facilities, extra-curricular and sports.

(3)     The areas or limit of neighborhood specified in rule 4 (1) shall apply to admission 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 for children referred to in clause (c) of sub-section (1) of section 12 admit the children from the extended limit of neighborhood as defined under clause (h) of sub-rule (1) of rule 2.

(4)     The Jan Shikshak shall maintain a list of children belonging to the disadvantaged group and the weaker section in the limits of neighborhood of every unaided school, aided and specified category schools within his/her jurisdiction.

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

Reimbursement under sub-section (2) of section 12 read with sub-section (2) of section 7 shall be made at the end academic session of every year, in March, as decided by the State Government from time to time. For this purpose the first academic session shall be 2011- 12.

Rule 9. Birth certificate for admission.

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

(a)      Hospital / Auxiliary Nurse and midwife (ANM) register record,

(b)      Anganwadi record,

(c)      Self declaration of the age of the child by the parent or guardian provided that the parent or guardian of the child shall have to submit a certificate of verification of the date of birth of the child within 6 month of admission from any elected representative of the local authority, urban local body or panchayat, of the area where he / she resides.

Rule 10. Extended period of admission.

(1)     Extended period of admission shall be three month from the last date of admission 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 help of special training as determined by the head of the school.

Rule 11. School recognition.

(1)     Every school, other than a school established ,owned or controlled by the central Government, the State Government or the local authority, established before or after the commencement of the Act for imparting elementary education shall make an application in From-1 appended to these rules within a period of four months after the publication of the rules to the rules to the District Education Officer, who shall be designated authority to issue certificate of recognition to the school under section 18. The application shall also have details of the limit of neighborhood of the school that shall be covered under the provision of clause (c) of sub- section (1) of section 12. The application addressed to the District Education Officer in a manner as determined by Commissioner, Raj Shiksha Kendra. The school shall furnish information in the electronic form on the website maintained for the purpose so that the school information is available for the public.

(2)     The Block Elementary Education Officer shall verify the information submitted by the school in the application form and send the application form in original along with his report to the District Education Officer for consideration within fifteen days of the receipt of the application.

(3)     The District Education Officer may inspect of may cause to inspect the school to verify if the school seeking recognition fulfills the norms and standards prescribed under section 19. The District Education Officer and the inspecting authority, if it is other than the District Education Officer, shall have power to seek information relevant the grant of the recognition and to make inspection of the records to verify the information submitted in the application form for seeking recognition.

(4)     (a) The District Education Officer on being satisfied that the school fulfills the norms and standards prescribed under section 19 shall issue the recognition certificate in From-2 appended to these rules. The certificate shall be for a period of three years and shall be issued within 45 days from the date of making application for recognition. The certificate of recognition shall be section to following condition:-

(i)       the school shall have to maintain norms and standards specified under section 19;

(ii)      the school shall give admission to a minimum of 25% in class I for the children of disadvantage group and children of weaker section from the limit of neighborhood. In case the school is aided school it shall provide free the compulsory elementary education to such proportion of children admitted there in as it annual recurring aid or grants so received bears to its annual recurring expenses, subject to a minimum of twenty-five per cent:

Provided that where a school imparts preschool education, the provision of clause (a) to (c) of sub section (1) of section 12 shall apply for admission to preschool;

(iii)     the school shall set up fire extinguisher and other fire security arrangements as pre norms specified under the National Building Code of India-Part 4;

(iv)    the school is open to inspection by any officer authority by the State Government/local authority;

(v)      the school shall furnish such reports and information as may be required by the State Government Commissioner, Rajya Shiksha Kendra and District Education Officer from time to time and comply with such instructions of the State Government/local authority as may be issued to secure the continued fulfillment of the condition of recognition or the removal of deficiencies in working of school to meet the provisions of the Act;

(vi)    the school shall notify fee to be charged from the children every year in such manner as directed by Commissioner, Rajya Shiksha Kendra before the commencement of academic session. It will also intimate the fee to the District Education Officer before the beginning of academic session;

(vii)   the recognition shall be withdrawn in case of violation of the terms and conditions of recognition.

(b) The school shall have to make an application for renewal of certification of recognition at least 45 days before the expiry of period of recognition in manner prescribed in sub-rule (1). On receipt of such application, the District Education Officer may renew the school recognition for another 3 years after following the process laid down in sub-rule (2) and (3).

(5)     If a school established before the commencement of the Act does not fulfill the norms and standards specified in the Schedule of the Act, the District Education Officer shall issue a provisional certificate granting permission to run the school for a period up to three years from the date of commencement of the Act. The provisional certificate shall be issued in Form-3 appended to these rules;

Provided that if the school fulfills the required norm and standards within the time frame specified in the provisional certificate, the certificate issuing authority, on receipt of application for recognition as laid down under sub-rule (4):

Provided further that if the school does not claim further recognition within the period specified in the provisional certificate, it shall cease to be a recognized school and running of such a school shall be punishable under section 18.

(6)     No new school shall be opened after the commencement of the Act without obtaining recognition certificate issued under section 18.

(7)     Where a school contravenes the conditions of the recognition of any provisions of the Act, the authority issuing the certificate of recognition shall issue show case notice to the school specifying the violations of conditions of grant of recognition. The school shall be given at least one month time to file the reply. 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 case an inspection of the school, to be conducted by a committee of three to five members comprising of educationalists civil society representatives, media and Government representatives, which shall make due enquiry and submit report, along with its recommendations for continuation of recognition or its withdrawal to the District Education Officer. On receipt of the report and recommendation of the committee the District Education Officer may pass order for withdrawal of recognition:

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

Provided further that no such order shall be passed by the District Education Officer without prior approval of the School Education Department of State Government.

(8)     The order of withdrawal of recognition passed by the District Education Officer shall be operative from immediate succeeding academic year and shall specify the neighborhood school to which the children of the that school shall be admitted.

(9)     Information of recognition of any school shall be sent to the local authority i.e. to the urban local body in case school is situated in the urban area and to the Gram Panchayat and Janpad Panchayat in case the school is situated in the rural area.

Rule 12. School Management Committee.

(1)     A School Management Committee shall be constituted in every school, other than an unaided school, within its jurisdiction, within six month of the publication of the rules and reconstituted every two years.

(2)     (a) The committee shall be 18 members committee for the middle school. Of them minimum three fourth member shall be the elected representatives. The head teacher or the senior most teacher and senior most female teacher of the school shall be members of the committee. The head teacher or the senior most teacher shall be ex- officio member secretary of the committee.

(b) In the primary school member shall be selected as follows-

(i)       mother and father of guardian of each of such child who has secured highest percentage of marks in the annual examination of the preceding academic in class I,II,III and IV;

(ii)      mother and father or guardian of child one each belonging to scheduled castes, scheduled tribes and other backward in their respective category in the annual examination of the preceding academic session in classes I to IV;

(iii)     Councillor of the ward in urban areas and panch of the ward in rural areas, where the school is situated;

(iv)    one woman councillor nominated by Mayor/ Chairperson of the urban local body in urban areas and one woman panch nominated by Sarpanch of the Gram Panchayat in rural areas where the school is situated;

(v)      head teacher or the senior most teacher and senior most female teacher of the school;

(c) In middle school members will be selected as follows-

(i)       Mother and father or guardian of each of such child who has secured highest marks in the annual examination of the preceding academic session in class V,VI and VII;

(ii)      Mother and father or guardian of child one each belonging to scheduled castes, scheduled tribes and other backward classes categories who has secured highest percentage of marks in their

(iii)     Councillor of the ward in urban areas and panch of the ward in rural areas, where the school is situated;

(iv)    One woman councillor nominated by Mayor/ Chairperson of the urban local body in urban areas and one woman panch nominated by sarpanch of the Gram Panchayat in rural area where the school is situated;

(v)      Head teacher or the senior most teacher and senior female teacher of the school.

(3)     There shall be a Chairperson of the committee.

(4)     The Chairperson shall be elected from amongst the members of the committee:

Provided that elected representatives, Councillor / Panch and the teacher including head teacher or the senior most teacher shall not be eligible for participating in election nor they shall have any voting right.

(5)     The school Management Committee shall meet at least once once month and the minutes and decisions of the meeting shall be properly recorded. In absence of the Chairperson, member of the committee shall elect one of them to chair the meeting of the committee.

(6)     The committee may invite person/ person, from the neighborhood, if services of such person/ persons are useful for school development.

(7)     The School Management Committee shall, in addition to the function specified in clauses (a) to (d) of sub-section (2) of section 21 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 limit of the school, the rights of 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 section 24 and section 28,

(c)      monitor that teacher 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 limit of neighborhood in the school;

(e)      monitor the maintenance of the norm and standards prescribed in the schedule of the Act;

(f)       bring to the notice of the 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 section 3(2);

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

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

(i)       monitor the implementation of the mid-day meal in the school;

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

(k)      monitor regularity and punctuality of the teacher of the school.

(8)     [1][(i) An elected member/vice-chairperson/chairperson from parents or guardians of the committee shall be removed from the office on complaints of his/her unbecoming behaviour, moral turpitude, non performance of duty, involvement in any criminal activity by the sub divisional officer of the revenue sub-division of the district:

Provided that the member shall not be removed from office without giving him/her reasonable opportunity of being heard.

(ii) Chairperson of the committee shall be removed from the office on complaint of his/her absence in two consecutive meeting of the committee by the Sub Divisional Officer of the revenue sub division of the district:

Provided that the chairperson shall not be removed from office without giving him/her reasonable opportunity of hearing.

(iii) The person aggrieved by the order of the Sub-Divisional Officer may file appeal to the Collector within 45 days from the date of such order. The Collector may condone delay in submitting the application of appeal if he/she is satisfied with the reasons of delay. The order of the Collector shall be final.]

Rule 13. 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 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, the number of additional teachers, including head teacher, subject teacher and part time instructors, separately for Classes I to V and classes VI to VIII, calculated with reference to the norms specified in the Schedule;

(c)      physical requirement of additional infrastructure and equipment over the three year period, calculated with

(d)      additional financial requirement over 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 uniform 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 and member secretary of the School Management Committee and submitted to the State Government or the local authority, as the case may be, before the end of the financial year in which it is to be prepared.

Rule 14. Salary and allowances and terms and conditions of service of teacher.

Salary and allowances payable to teacher and their terms and conditions of service shall be as follows-

(i)       In case of government teachers their salary, allowance and terms and conditions of service shall be such as decided by the State Government from time to time.

(ii)      In case of teacher of the local authority, their salary and allowances and terms and conditions shall be as decided by the State Government from time to time under the provisions of the Madhya Pradesh Municipalities Act, 1956.

(iii)     In case of teachers of school not falling under sub-clause (i) and (iii) of clause (n) of section 2, salary and allowances and their terms and conditions of service shall be decided by the respective school management subject to legislations and regulations, if any in force. The State Government, from time to time, may issue directions, in its discretion, in this regard that shall be binding on the management.

Rule 15. Duties of Teachers.

(1)     In performance of the functions specified in sub-section (1) of section 24 and in order to fulfill the requirements of clause (h) of sub-section (2) of section 29, the teacher shall maintain a file containing the pupil cumulative record for every child which shall be 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:

(a)      Participation in training programmes;

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

(3)     Minimum number of working hours per week for the teacher shall be 45 hours including preparation hours.

Rule 16. Grievance redressal of teacher.

(1)     The School Management Committee constituted under section 21 shall be the first level of grievance redressal of teacher of school specified therein.

(2)     The teacher of the school established, owned or controlled by the State Government or the local authority may send the grievance to the controlling officer, who will dispose of the complaint within 30 days of receipt of the complaint and inform the teacher accordingly.

(3)     There shall be a district level grievance redressal committee to redress the grievances of the teacher.

(4)     The committee shall comprise of Collector, Superintendent of Police Chief Executive Officer, Zila Panchayat, Chief Medical and Health Officer, Commissioner or Chief Municipal Officer of local urban body at the district headquarters, Assistant Commissioner, Tribal Welfare/ District Organiser Tribal welfare and District Education Officer. The collector shall be the Chairperson of committee. The District Education Officer shall be the convener of the committee. The collector may invite such other officer as he deems appropriate for the purpose of redressal of grievance to the committee meetings.

(5)     The committee should meet every quarter.

(6)     In case any teacher is not satisfied with the decision of the controlling officer as specified in sub-rule(2), he/she may submit his/her grievance in writing to the convener of the committee. The grievance may also be submitted through Government education portal. The committee after the enquiry, as it deems fit, shall redress the grievance. The convener of the committee shall communicate the decision of the committee to the teacher within one month of the decision.

(7)     The committee, besides attending to the grievances received from the teacher, shall, on its own, review the status of the various claims and service related matters of the teacher.

(8)     The school falling under sub-clause (iv) of clause (n) of section 2 shall develop its own mechanism for redressal of grievances of teachers.

Rule 17. Maintaining Pupil-Teacher Ratio in each school.

(1)     The State Government or the local authority within 6 months from the date of commencement of the Act local authority, as the case may be, to redress the problems of urban, rural and other spatial imbalances in teacher placements and initiate the process of recruitment of new teachers to fill vacant posts as per pupil teacher ratio stipulated in the Schedule of the Act.

(2)     District Education Officer shall provide updated school wise information of teachers and class wise enrollment of students on the Government education portal. The Rajya Shiksha Kendra shall review the teacher positioning every year before the academic session.

(3)     If any person of the State Government or the local authority violates the provisions of sub-section (2) of section 25, he shall be personally liable for disciplinary action.

Rule 18. Academic authority for laying down the curriculum and evaluation procedure.

(1)     The State Government shall notify the State Council of Educational Research and Training, a wing of the Rajay Shiksha Kendra, as the academic authority for the purposes of section 29.

(2)     While laying down the curriculum and evaluation procedure the academic authority notified sub-rule (1) shall take into consideration the provisions of section 29 (2).

(3)     [2][The academic authority referred to in sub-rule (1) shall:-

(a)      design and implement a process of holistic quality assessment of child on a regular basis.

(b)      prepare class-wise, subject-wise learning outcomes for all elementary classes, and

(c)      prepare guidelines for putting into practice continuous and comprehensive evaluation, to achieve the defined learning outcomes.]

Rule 19. Award of certificate for completion of elementary education.

The head teacher or the senior most teacher or the school shall issue the certificate of completion of elementary education of the child within one month of the completion of elementary education in From - 4 appended to these rules:

Provided that the recognized school shall stamp prominently on the certificate the number of recognition certificate issued by the recognition certificate issuing authority.

Rule 20. Constitution of the State Advisory Council.

(1)     The State Advisory Council shall consist of Chairperson and Co- Chairperson and twelve members.

(2)     The Minster in charge of the Department of School Education in the State Government shall be the ex-officer Chairperson of the Council. The Minster in charge of the Department of Tribal Welfare in the State Government shall be the ex-officer Co- Chairperson.

(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-

(a)      at least one member should be from amongst persons having specialized knowledge and practical of education of children with special needs;

(b)      at least one member should be from amongst persons having specialized knowledge in the field of pre-primary education;

(c)      at least one member should be from amongst persons having specialized knowledge and practical experience in the field of teacher education .

(4)     Commissioner, Rajay Shiksha Kendra, shall be the Member Secretary of the council. The Secretary, School Education and the Secretary, Tribal Welfare shall be special invitees, if they are not members.

(5)     The procedure for transaction of Business of the Council shall be as under-

(1)     The council shall meet once in three month;

(2)     Quorum of the meeting of the Council shall be considered complete if eight of its members are present.

(6)     The allowances and other terms and conditions for appointment of members of the Council shall be as decided by the State Government from time to time.

Rule 21. Power to issue directions.

The State Government shall have powers to issue directions to redress any issue or difficulty that comes up in the process of implementation of the rules.

From 1

[see rule 11 (1)]

Self Declaration Cum-Application for Grant of Recognition of School

------ (name of place) Date---------

To,

The District Education Officer

District---------------------

Madhya Pradesh

Sir,

I forward herewith a self declaration regarding compliance with the norms and standards prescribed in the Schedule to the Right of Children to Free and Compulsory Education Act, 2009 and application in the prescribed profroma for the grant of recognition to --------------------------------------- [Name of the school].

Yours faithfully,

Enclosure:

Chairman of Managing

Committee/Manager/principal

Name of the school -------------------

J. Certified that the school has also entered the information detailed above in the web site maintained by the Rajya Shiksha Kendra for the purpose. K. Certified that the school is open to inspection by any officer authorized by the appropriate authority.

L. 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 fulfillment of the condition of recognition or the removal of deficiencies in working of the school.

M. Certified that records of the school pertinent to the implementation of this 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 Legislative Assembly of the State as the case may be.

N. The school shall abide by the condition of recognition as laid down by the competent authority.

From 2

[see rule 11 (4)]

Phone:

E-Mail:

Fax:

Office of District Education Officer

----------------------- [ name of district ] Madhya Pradesh

The Manager,

-------------------- [name of the school]

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

Dear Sir/ Madam,

With reference to your application dated ______________ and subsequent correspondence with the school/ inspection in this regard, I convey the grant for recognition to the ___________[name of the school with address] for Class_____ to Class _________for a period of three years w .e .f. ___________to____________.

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 the Right of Children to Free and Compulsory Education Act, 2009 and the Right of Children to Free and Compulsory Education Rules, 2011.

3.        The school shall give admission to a minimum of 25% in class I for the children of disadvantage group and children of weaker section from the limit of neighborhood. In case the school is aided school it shall provide free and compulsory elementary education to such proportion of children admitted therein as its annual recurring aid or grants so received bears to its annual recurring expenses, subject to a minimum of twenty-five per cent. Provided that where a school imparts pre-school education, the provisions of clauses (a) to (c) of sub-section (1) of section 12 of the Act shall apply for admission to pre-school.

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

5.        The society/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 to any child

(a)      for lack of age proof,

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

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

7.        The school shall ensure:

(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 laid down under rule 19;

(v)      Inclusion of student with disabilities/special needs as per provision of the Act;

(vi)    The teachers are recruited with minimum qualifications as laid under section 23(1) of the Act. Provided that the current teachers who, at the commencement of this Act do not possess minimum qualifications shall acquire such minimum qualifications within a period of 5 years from the commencement of the Act;

(vii)   The teacher performs its duties specified under section 24(1) of the Act, and

(viii)  The teacher shall not engage himself or herself for private teaching activities.

(ix)    Fire security arrangements as per norms specified under the National Building Code of India -Part 4 are set up.

(x)      Fee to be charged from the children is notified every year in such manner as directed by Commissioner, Rajya shiksha kendra before the commencement of academic session and District Education Officer is intimated before the beginning of academic session.

8.        The school shall follow the curriculum laid down by appropriate authority.

9.        The school shall enroll student proportionate to the facilities available in the school as prescribed in section 19 of the Act.

10.     The school shall maintain the standards and norms of the reported at the time of last inspection are as given under:-

Area of school campus --------------------------

Total built up area--------------------------

Area of play ground-----------------------

No. of class room-----------------------

Room for Headmaster-cum-office-cum-Storeroom--------------

Separate toilet for boys and girls--------------------------

Safe Drinking Water Facility----------------------

Kitchen for cooking Mid Day Meal---------------------

Barrier free Access----------------

Availability of Teaching Learning Material/play Sports Equipments/Library---------------------------------

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

12.     The recognition Code Number allotted to your school is----------- and DISE code is------------------------. This may please be noted and quoted for any correspondence with this office.

13.     The school shall furnish such reports and information as may be required by the Rajya Shiksha Kendra/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 fulfillment of the condition of recognition or the removal of deficiencies in working of the school;

14.     Renewal of registration of society/trust, if any, be ensured.

15.     The recognition shall be withdrawn if the contravention of the provisions of the Act, the rules and conditions of recognition is found and proved.

Yours faithfully,

District Education Officer

From 3

[see rule 11 (5)]

Provisional recognition

Phone:

E-Mail:

Fax:

Office Of District Education Officer

----------------------- [ name of district ] Madhya Pradesh

The Manager,

------------------ [name of the school]

Sub: Provisional Recognition Certificate for the school under sub-rule (6) of rule 11 of the Right of Children to Free and Compulsory Education Rules, 2011 for the purpose of section 18 of the Right of Children to Free and Compulsory Education Act, 2009.

Dear Sir/ Madam,

With reference to your application dated ______________ and subsequent correspondence with the school/ inspection in this regard, I convey the grant for provisional recognition to the ___________[name of the school with address] for Class_____ to Class _________for a period of ...................years w .e .f. ___________to____________.

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

1.        The grant for recognition is not extend able and does not in any way 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 and the Right of Children to Free and Compulsory Education Rules, 2011.

3.        The school shall give admission to a minimum of 25% in class I for the children of disadvantage group and children of weaker section from the limit of neighborhood. In case the school is aided school it shall provide free and compulsory elementary education to such proportion of children admitted therein as its annual recurring aid or grants so received bears to its annual recurring expenses, subject to a minimum twenty-five per cent. Provided that where a school imparts pre school education, the provisions of clauses (a) to (c) of sub-section (1) of section 12 of the Act shall apply for admission to pre school.

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

5.        The society/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 to any child

(a)      for lack of age proof,

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

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

7.        The school shall ensure:

(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 laid down under rule 19;

(v)      Inclusion of student with disabilities/special needs as per provision of the Act;

(vi)    The teachers are recruited with minimum qualifications as laid under section 23(1) of the Act. Provided that the current teachers who, at the commencement of this Act do not possess minimum qualifications shall acquire such minimum qualifications within a period of 5 years from the commencement of the Act;

(vii)   The teacher performs its duties specified under section 24(1) of the Act, and

(viii)  The teacher shall not engage himself or herself for private teacher activities.

(ix)    Fire security arrangements as per norms specified under the National Building Code of India -Part 4 are set up.

(x)      Fee to be charged from the children is notified every year in such manner as directed by Commissioner, Rajya shiksha kendra before the commencement of academic session and District Education Officer is intimated before the beginning of academic session.

8.        The school shall follow the curriculum laid down by appropriate authority.

9.        The school shall enroll student proportionate to the facilities available in the school as prescribed in section 19 of the Act.

10.     The school shall maintain the standards and norms of the reported at the time of last inspection are as given under:-

Area of school campus--------------------------

Total built up area--------------------------

Area of play ground-----------------------

No. of class room-----------------------

Room for Headmaster-cum-office-cum-Storeroom--------------

Separate toilet for boys and girls--------------------------

Safe Drinking Water Facility----------------------

Kitchen for cooking Mid Day Meal---------------------

Barrier free Access----------------

Availability of Teaching Learning Material/play Sports Equipments/Library---------------------------------

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

12.     The recognition Code Number allotted to your school is----------- and DISE code is------------------------. This may please be noted and quoted for correspondence with this office.

13.     The school shall furnish such reports and information as may be required by the Rajya Shiksha Kendra/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 fulfillment of the condition of recognition or the removal of deficiencies in working of the school;

14.     Renewal of registration of society/trust, if any, be ensured.

15.     The recognition shall be subject/trust, to renewal under section 18 of the Act.

Yours faithfully,

District Education Officer

From 4

(see rule 19)

-------------------------------------------------------- [ name of the school]

District --------------------------------Madhya Pradesh

Certificate of Completing Elementary Education.............

This is to certified that Miss/Mr.----------------------------------------------daughter/ son of ---------------[name of the mother] and daughter/son of-------------------------------------[name of the father] resident of -------------------------[address] date of birth -------------------------was the student of this school------------from academic session -----------------------to academic session---------------------. She / he has completed elementary education in the year--------------.

This certificate is issued to the child under section 30 (2) of the Right the Children to Free and Compulsory Education Act, 2009.

_____________(date)

Signature

--------------------- ( Designation )

---------------------(name of the school)

Seal of the school

Recognition number in case of aided and unaided school-----------------------

DISE code of the school-------------------------------