EX11lAORDINARY """"""

'WI O-~ I

PART n- SectiOD I

1lIfImlll 1I'f;1ftm

PUBLISHED BY AUTHORITY

,;. 39j ~ ft:R:fi. "Wtzlllum, ~ 27, 2009/'l'R: 3, 1931

No.39! NEW DELHlt mURSDAY! AUGUST 27. 20091 BHADRA S, 1931

Stopantl: paging iI gn.·l:tl to this Pan. ill ordtr thai it may M filed all • up.ratl: compilation.

MINlSTRYOFLAWAND JUSTICE (Legislative Department)

New Delhi, the 27th August, 20091Bhadra S. 1931 (Stika)

The following Act of Parliament received the assent of the President on lhe 26th August, 2009, and is hereby published for general informaIion:­

THE R1qHT OF CHILDREN TO FREEAND COMPULSORY EDUCATION ACT,2009

No. 35 OF 2009 {26rh Augusr. 2009.J

AnAct to provide for free and compulsory education to all children ofthe age ofsix to fourteen years.

Ba it enacted by Parliament in the Sixtieth Yeal orthe Republic oflndia as follows:­

OiAPTERI

REGlST£R[D NO. Dl--(l'O)04/000m00J-8'

1

PRElU.l1NARY

l. (1) ThisAet may beca11ed the Right ofChildrcn 10 Free and Compulsory Education SbOM IlIle,

Act, 2009. Ultnllll\d

commence:­(1) It shall extend to the wholeoflndiaexcept the SWeofJammu and Kashmir. meGI

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette. appoint

Dtlimuons

2 THE GAZETTE OF INDIA EXTRAORDINARY

2. In .this Acl, unless the conteXt otherwise requires,­(a) "appropriate Government" means­

(I) in relation 00 aschool established, owned or controlled by the Central Government, or the administrator ofthe Union territory, having no legislature. the Central Government;

(ill in relation to a school, other than the school referred to in sub­clause (I), eslablished within the te'!itory of-­

(A) a Slate, the State Government;

(8) a Union territory having legislarure, the Government of that Union territory;

(b) "capiUl.tion fee" means any kind of donation or contribution or payment olher than Ihe fee notified by the school;

(e) "child" means a male or female child of the age of six to founoon years; (d) "child belonging to disadvantaged group" means a child belonging to

the Scheduled Caste, the Scheduled Tribe, the socially and educationally backward class or such other group having disadvantage owing to social, cultural, economical, geographical, linguistic, gender or such Olher faclor, as may be specified by the appropriate Government, by notification;

(e) "child belonging to weaker section" means a child belongmg to such parenl or guardian whose annual income is lower than the minimum limit specified by the appropriate Government, by notification;

(f) "elementary education" means the edvcstion from first etasi to eighth class;

(g) "guardian", in relation to a child, means a person having the care and custody of thal child and includes a natural guardian or guardian appointed or declared by a coun or a statute:

(h) "localauthoriry" means aMunicipal Corporation or Municipal Ccuncil or Zila Parishad or Nagar Panchayat or P811Chayal, by whatever name called, and includes sueh other 8lJthoriry or body having administrative control over the school or empowered by or under any law for the time being in force to function as a local authority in any city, town or village;

(I) "Nalional Commission for Protection ofChild Rights" means the National Commission for Protection of Child Rights constituted under section 3 of the Commissions ror Protection orChiid RightsAcl, 2005; 4 or 2006

(;) "notification" means a notification published in the Official Gaune; (k) "parent q means either the nBtural or step or adoptive father or mother of

a child;

(I) "prescribed" means prescribed by rules made under this ACI~

(m) "Schedule" means the Schedule annexed (0 this Act:

(n) "scbool" means any reco'gnised school imparting elementary education and iocludM- to

(i) a school established, own.ed or controlled by the appropriate Government or a local authority;

(ii) an aided school receiving aid or grants 10 meet whole or part of its expenses from the appropriate. Government or the local aulhorily;

(iii) a school belonging 10 specified category; and

(iv) an unaided school. not receiving any kind ofaid or granlS to meet itS expenses from the appropriate Government or the local authority; (0) "screening procedure" means the method of selection for admission ofa

child, in preference over another, other than a random m~lhod:

SEC.IJ THE GAZETTE OF iNDlA EXTRAORDINARY 3

(P) "specified category", in relation to a school, means a school known as Kendri)'B Vidyalaya, Navodaya Vidyalaya, Sainik School oranyother school having a distinct character which may be spet:ified, by notification., by the appropriate Govemment;

(q) "Stale Commission for Protection of Child RighlS~ means the State Commission for Protection of Child Rights constirutcd under sectIon 3 of the

4 0(2006 Commissions for Protoction ofChild RighISAet, 2005.

. CHAPTERll

RIGHT 10 FREE A.~D COMPUL$ORY EDUCAnON

3. (1) Every child afthe age ofsix to fourteen years shall have a right to free and compulsory education in a neighbourhood school till completion ofelementary education.

(Z) For the purpose of sub-section (I), no child shall be liable 10 pay any kind orree or charges br expenses which may prevent him or her from pursuing and completing the elementary educatIon:

Provided that achild sufft:ring from disability, as defint:d in clause (11 ofsection2 of the Persons with Disabilities (Equal Opportunilies, Protection and full Panicipation)

I or 1996 Act. 1996, shall hne the right to pursue free and compulsory elemental} education in accordance: with the provisions ofChapte V of the said Act.

4. Where a child above six years of age has not been admitted in any school or though admitted, could OOt complt:te his or her elementary education., then, he or slit: shall be adminl."d In a elas appropriate to !tis or hcr age:

Provided thai where a child is directly admitted in a class approprialt: to his or her age, then, he or she shall, in order 10 beat par with others, have a right to receive special training. in such manrKr. and within such ti",!c-limits, as may be prescri~d:

Provided further that a child so admitted to elementary education shall be entitlled to free education till completion ofelemenmry education even after fourteen years.

5. (I) Where in a school, thert: is no provision for completion of element.o.ry education, a child shall have a right to seek transfer to any other school, excluding the school spccilit:d in sub-clauses (iiI) and (ill) ofclause (n) ofsection 2, for completing his or her elemental)' education.

(2) Where a child is required to move from one school to another, either within a State or outside. for any reason whatsoever. such child shall have a right to seck transfer to any olher school. excluding the school specified in sub-clauscs (iii) and (iv) of clause (n) ofsection 2. for completing his or her elementary education.

(3) For seeking admission in such other school. the Head-teacher or in-charge of the school where such child was last admitted. shall immediately issue the lransftr certificate:

Provided thaI delay in producing tranSfer eenificate shall not be a ground for either delaying or denying admission in such other school:

Provided funher that the Head-teacher or in-cbarge ofthe school dela)ing issuance of transfer certificate shall be liable for disciplinary action under tbe service rules applicablcto him'or her.

CHAPTER 111

Dunl'S Of APPROPRIATE Go...ER....).!E.,'T. LOCAl. AUllIOlUTY "SP PAJtE,.'TS

6. For carrying out the provisions ofthis Act. the appropriate Govemmenl and thc local authority shall establish, within such area or limits of neighbourhood. as may be prescribed. a school, where il is nOI so established. within a period of three years from the commencement of this ACI.

RIghi of child 10 free Illd compulsory educalion.

Speclll proviSioni for childn:n not idmllled 10, or who h.,-c

"" completed, elementlry cdUClIlOJI

Righi of lransfer to olhel school

Duty of Ippropflilc Governmenl II1d local luthonly 10 establish school.

THE GAZETIE OF INDIA EXTRAORDINARY fPARTIl­4

Shanos of 7. (I) The Central Governmenl lind Ihe State Governments shall have concurrent fU1lofttil1 Ind responsibility for providing funds for carrying oul the provisions of this Act. olher respollSlb.hllt!i (2) The central Government sball prepare the estImates of capital and recurring

expenditure for the implementation afthe provisions afthe Act.

(3) The Central Government shall provide to the Stale Governments, as grants-in­aid of revenues such percentage of expenditure referred to in sub-scaion 12) as it may delennine, from time to time, in consultation wim the State Governments.

(.f) TheCentral Govemment may make artquest 10 the President LO makes reference 10 the Finance Commission under sub-clause (d) afclause (J) afanicle 280 to examine the need for additional resowus to be provided to any Stale Gdvemment so thet the said State Go\'emment may provide its share of funds for carrying out the provisions of the Act.

(5) Notwithstanding anything comained in sub-section (4). the State Government ..hall. raking into consideration the sums provided by the Central Government 10 a Sbl!e Go..emmc.nt under sub-section (3), and its other resources, be responsibk tl) provide funds for implementation ofme provisions of me Act.

(6) The Central Govemmem shall­

(a) develop a framework of national curriculum with the help of academic authority specified under section 29;

(b) develop and enforce standards for lraining of. teachers;.

(c) provide lechnical support and resourt:es to the State Govemmem for promoling innovations. researches, planning and capacity building.

Dutte:S of 8, The appropriulcGovemmenlshal1--Ipplopnsle Government (u) provide free and compulsory elememary education to every child:

Provided thai where a child is admitted by his or her parenlS or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Govcmment or a local authority, such child or his or her parcnls or guardian, as Ihe case may be, shall nOI be entitled to make a claim for reimbursement ofexpendimre incurred on elementary education of the child in such other school.

Ex/,lurtUliotl,-The term ~compulsory education" means obligation oftlie appropriate Goverranem to­

(I) provide free elementary education to every child ofthe age ofsix to fourtccn years; and

(il) ensure compulsory admission. attendance and complelion of elementary education by every child of the age ofsix to founeen ~ars;

(b) ensure availability ofa neighbourhood school as specified In section 6;

(c) ensure that the child belonging to weaker section and the child belonging to disadvantaged group are not discriminated against and pre\tnted from pursuing and completing elementary education on any grounds;

(d) provide infrast:ructure including school buikling, teaching staffand learning eqUIpment;

(e) provide special training facility spt(:ified in section 4,

(/) i:lIsure and monitor admission, attendance and completion ofelem~nt3ry

education by e\'~~ child: .

(g) ensure good quality elemenlaty education conforming to the standards and norms specified in the Schedule;

SEC. 1J THE GAZETTE OF INDIA EXTRAORDINARY

(h) ensure timely prescribing ofcurriculwn and ~ ofstudy for elementary education; and

(I) provide training facility for te~chers.

9. Every localaulhority shall ­

ta) provide free and compulsory elementary education to every child:

Provided that ~hcre a child is admitted by his or her parentS or guardian, as the cast may be, in a school other than a school established, owned. controlled or substantially fmanced by funds provided directly or indirectly by the: appropriate Government or a local authority, such child or his or her parenlS or guardian, as the case may be, shall not be entitled to make aclaim for reimbursement ofexpenditure incurred on elementary education oflhe child in such other school;

(b) ensure nvailability ofa neighbourhood school as specified in section 6;

(e) ensure that the child belonging to weaker section and the child belonging lO disadvantaged group are not discriminated again5t and prt\'Cflted trom pursuing and completing elementary education on any grounds;

(d) maintain r~ds of children up to the age of founeen years residing within itsjurisdietion, in such manner·as may be prtSCribed;

(e) ensure and monitor admission, attendance and completion ofelementary educati~m by every child residing within its jurisdiction;

(fI provide infmst1UC1ure including school building, teaching staffand leaming material;

(}:) provide special training facility specified in section 4;

(11) ensure good quality elementary education confonning to the standards and norms specified in the Schedule;

(I) ensure timely prescnoing ofcurriculum and courses ofstlld)' fOf elementary education:

<I) provide uaming facility for teachers;

(1) ensure admission ofchildren ofmigrant families;

(I) monitor functioning ofschools within its jurisdiction; and

(m) decide Ihe a~demic cale.ndar.

10. ItshalJ be the duly ofe.very parent or guardian to admit or cause 10 be: admitted his or her child or ward, as the case may be, to an elementary education in the neighbourhood school.

11. With a vi~ to prepare children above the age of three years for elememary education and [0 provide early childhOOd care and education for all children until they complete lhe age of six yean, the appropriate Government may make necessary arrangement for providing fr« pre--school education for such children

CHAPTER IV

RESI'ONSIBIUl1E5 OF SCHOOLS AND TEACIlERS

12. (I) For the purposes of this Act., a school, ­

(u) s~ified in 5ub-elausc (I) ofclause en) ofsection 2 shall provide free and compulsory elementary educalion to all children admitted therein;

(b) specified in sub-elause (ii) of~Iause (n) ofsection 2 shall provide free and compulsory elemmtaJ)' education 10 such proponion ofchildren admitted therein 85 irs annuaJ n:curring aid or grants SO received bears to its annual recurring expenses, subject to a minimum oftwenty-fjve per cent;

(c) specified in sub-ctauses (iif) and {iv} ofclause (n) ofsection 2 shall admit in class t, to the e-xlcnl of 1)[ least twenty-five per cent. ofthe StrengOl ofthat class. children belonging 10 weaker section and disadvantaged group in the

Dulles of local luthorlty

Duty of pllCfllJ .nd luardulll

Appropriate: Government to prOl/lde for pre-school cdutlllOn

EXlent of school's R:sp0n5lbllll)'

for free IlId complllsOl)' (due. lion

THE GAZElTE OF INOlA EXTRAORDINARY (P"", 11­6

~D capltillon ree and JerfX.uRI proudUlt rOf ..dmwlon

Proor or 'It rill admlts.on

No dtnial or admistlon

Prohibition or "oldID, blck and apulsiun.

ProtUbltlOO or pll)"ll"l punlshmtnt and menl,l b,rusmeRI to chIld

Nu School to be C$f.tbll1htd WILbolJt obtlloinl cutifl(alt or r«Ollulloa

neighbourhood and provide free and compulsory clemenwy education till ItS

completion' Provided further that where" school specified in clause (n) of section 2

imparts pre-school education, the provisions of clauses (0) [0 (e) shall apply for admission 10 such pre-school education. (2) The school specified in sub-clause (iv) ofclause (n) ofsection 2 providing free

and compulsory elementary education as specified in clause (e) ofsub-seelion (1) shall be reimbursed expenditure SO incurred by it to thcextenl ofper-child~>.penditureincurred by the State. or the actUal amount charged from the ehild, wtUehe...er is less, in such marmer as may be prescribed:

Provided mat such reimbursement shall not exceed pcr<hild~pendrture incurred by a school specified in sub-<:Iause (.) ofclause (,,) ofsection 2'

"Provtded further thai where such school is already under obligalion 10 provide free education to a specified number ofchildren on.account of it having received any land. building, equipment or other facilities, either free ofcost or at a concessional rate, Such school shall not be entitled for reimbursement to the extem ofsuch obligation.

(3) Every school sba.l1 provide such information as may be rtquircd by the appropriate Government or the local authority, as the case: may be.

13. (J) No school or person shall, while admitting a child, collect any capitation fee and s~bjeet the child or his or her parents or guardian to any screening procedure.

(2) Any school or person, if in contravr:ntion of the provisions of sub­section (1),­

(a) receives capit.a1.ion fee, shall be: punishable with fine which may extend to ten times the capitation fee charged;

(b) subjCClS a child to screening procedure, shall be punishable with fine which may extend to rwemy-five thousand rupees for the firS! contravention and fifty thousand rupees for each subsequent contra\lCfltions.

14. (/) For the purposes of admission to elementary C'ducarion, Ihe age ofa child shall be determined on thC' basis of the birth certificale is.sucd in accordance with the provisions of the Births, Deaths and Marriages Registration Act, 1886 or on the basis of such other document, as may be prescribed.

(1) No child shall be denied admission in a school for lack ofage proof. 6 or 1886

IS. Achild shall be admitted in a school at the commencement ofthe academic year or within such extended period as may be prescribed:

Provided dUll no child shall be denied admission if such admLSsion is sought subsequent to the extended period: .

Provided further that any child admitted after the extended period shall complete his studies in such manner as may be prescribed by the appropriate Govtmmenl.

16. No child admined in a school shall be held back in any class or expelled from school till the completion ofdementar)' education.

J7. (/) No child shall be subjected to physical punishment or menial harassmenl

(2) Whoever contravenes Ihe provisions of sub-seerion (J) shall be liable 10 disciplinary action under the service rules applicable lO such person.

18. (1) No school, other thim a. school established, owned or controlled by the appropriate Governmenl or the local autl\ority, shall, after the commenctment ofthis Act, be established or fimctjon. without obtaining a certifICate of recognilion from such authority. by making an application in such form and manner, as may be prescribed

(1) The authority prescribed under sub-section (J) shall issue the ccnificale of recognition to such form. within such period, in such manner, snd subjeci to such conditions, as may be prescribed:

Sec. IJ mE GAZElTE OF INDIA EXTRAORDINARY 1

Provided thai no such recognition shall be granted to a school unless it fulfils norms and standards specified under s«tiori 19.

(J) On the canuavenrion afme conditions of recognition, the prescribed authority shall, by an order in writing, withdraw recognition:

Provided that such order shall contain a direction u to which of the neighbourhood school, the children studying in the derecognised school. shall be admitted:

Provided funher thai no recognition shall be so withdrawn without giving an opportUnity of being heard to such schoo~ in such manner, as may be prescribed.

(.f) With elTect from the date ofwitltdrawal ofthe recognition undersub-5CCtion (3), no such school shall continue to function.

(5) Any person who establishes or runs a school without obtaining certificale of recognition, or continues to run a school after withdrawal ofrecognition. shall be liable to fine which may c;<tend 10 one lakh rupees and in case ofcontinuing contnlventions, to a fine of ten Ihousand rupees for each day during which such contravention continues.

19. (I) No school shall be cstablishe<l, or .recognised, undcr section 18. unless it fulfils the nonns and standards specified in the Schedule.

(2) Where II school established btfore thecommencemem ofthis Act does nOI fulfil the norms and standards specified in the Schedule, it shaH take steps to fulfil such norms and standards at liS own expenses, within a period ofthrce)'Cll1'S from the date of such commencement.

(3) Where a school fails to fulfil the norms and standards wilhin the period specified un(ler sub-section (1), the authority prescribed under sub-seclion (1) ofsection 18 shall withdraw recognition granlcd to such school in the manner specified under sub~section (3) thereof.

(.f) Wilh effect from the date ofwithdrawal ofrecognition under sub-section (1), no school shall continue to function.

(5) Any person ..-00 continues to run a school after the recognition is withdrawn. shall be liable to fine which null)' extend to one laldt rupees and in case of continuing contraventions. to a fine of tcn thousand rupees for eacb day during which such contravention continues.

20. The Central Go\'emment may, by notification, amend the Schedule b)' adding to, 01' omitting therefrom, any norms and stnndards.

21. (/) A school, other than 8 school specified in· sub-clause (iv) ofclause (n) of section 2, shall constitute a School Management Committee consisting of the elected representatiVC3 of the local authority, parents or guardians of children admitted in such school and teachers:

Providod that adeast three-founh ofmembers ofsuch Committee shall be parenb or guard ians:

Provided further thai proponionate representation shall be given to the parents or guardians of children belonging to disadvantaged group and weaker sec[ion:

Provided also that fifty per cent ofMembers ofsuch Commiuee shall be women. (2) The School Management Comminee shall perfonn the following functions,

namely.­(a) monitor the working ofthe school; (6) prepare and recommend sciK?Ol development plan; (c) monitor the utilisation of the grants received from the appropriate

Government or local authority or any olher source; and (d) perfonn such other functions as may be prescribed.

22. (I) Every School Management Committee, constituted under sub-seelion (I) of section 2J, shall prepare a School Development Plan, in such manner as may be prescribed.

(2) The School Development Plan so prepared under sub-section (J) shall be tho basis for the plans and grants to be made by the appropriate Government or local authority, as the case may be.

Norms and sllllduds for KhooL

Power 10 knCnd ScM:dul~

School Mallalemelll Commillee

Scbool On·clopmtnl PI III.

•

THE GAZEITE OF [NOlA EXTRAORDINARY [P_u­8

Qulhfiulions lflr appoInt­ment and -~,

c.otId'liOlls or Knlce or reacbers

0u11CS oC lucile" and rcdrc.ss&l or Ifle,"aoet:s

PIlprl-Tn'llcr Rallo

Proll_brllon of deplo)'menl of te,u:hcl5 IIlI OO!W:dIlC'­

150111 purposc1

Prohlbluon or prh"ate rUillOJ:! b)'luchtt

23. (I) Any person possessing such minimum qualifications, as laid down by an academic 8U1hority. authorised by the Central Government, by notification, shall be eligible for appoinlmenl as a teacher.

(2) Where a State does nol have adequate inslitutions offering courses or training in teacher educalion. or teacbers possessing minimum qualificalions as laid down under sub-section (I) are not available in sufficient numbers, the Cenoal Govemmentmay, ,fll deems necessary, bynotification, relax the minimwn qualifications required fClr appointment as a teacher, for such period, not exceeding live years, as may be sprdfied in Ihat notification:

Provided that a leather who, at the commencement of this Act, dOd not posscss minimum qualificallons as laid down under sub-section (I), shall acquirc: such minimum qualifications within a period of five year5.

(3) The salary and allowances payable to, and the terms and condilioos of $ervice of, teachers shall be such as may be prescribed.

24. (/) A teacher appointed under sub-section (1) of seclion 23 shall perform the following duties. namel)':­

(0) maintain regularity and punctuality in anending school

(6) conduct and completc the curriculum in accordance \\ilh the provisions of sub-section (1) ofsection 29;

(c) complete entire curriculum widlin the specified time:

(d) assess the learning ability of each child and aecordinM' supplement additional instructions. irany, as required;

(e) hold regular mcetings with parents and guardians and apprl~e them about the rcgularity in attendance, ability to learn, progress made in learning and any olher relcvant information about the child; and

(j) perfonn such other duties as may be prescribed.

(2) A teacher conunining default in pe:rfonnance ofdU1ies specified in ~ub-section (I J, shall be liable to disciplinary action under Ihe service rules applicable to him or her

Provided that before taking such disciplinary action, reasonllbll,! opponunily of being heard shall be afforded to such teacher. .

(3) The grievances. ifany, ofthe teacher shall be redressed in such manner as may be prescribed.

25. (I) Within six months from the date ofcommencement ofthiS Act, the appropriate Governmcnt and the local authority shall ensure that the Pupa-Teacher Rat_o. as specified in the Schedule, is maintamed in each school.

(1) For the purpose ofmainlaining the Pupil-Teacher Ralio undcr sub-section (1). no teacher posted in a school shall be made to serve in any other school or office or deployed for any non-educariona.l purpose. other than those specified III seclion 27.

26. TIle appoinllng authority, in relation to a school established, owned, controlled or substantially financed by funds provided directly or indirectly b) lhc appropriate Government or by a local authority. shall ensure that vacancy ofleacher in a school under its control shall not exceed ten per cent:of the total sanctioned strenglh

27. No teacher shall be deployed for any non-cducalional purpo!>t' other than thr decennial population census, disaster relief dUlies or duties relating ttl r!eclions to the local authority or the Stale Legislatures or Parliament, as the case ma) b<

28. No Icacher shall engage himself or herselfin private tuition 0- private l~aching

activity.

Sa::. IJ TIlE GAZlm"E OF INDIA EXTRAORDINARY 9

O1APTERY

ClrR.R1~ A....-O O)."'IPL£TfON Of' EtEMESTAlty EPUC/JlOS

29. (1) Thecurriculum and the evaluation procedure for elemenwy education shall be laid down by an academic authority to be specified by the appropriate Government, by notification.

(2) The academic authority, while laying down the curriculum and me evaluation procedure under wb-section (I), shall rake info consideration the following, oamely:­

fa) conformity with the values enshrined in the Constinrtion;

(b) all round development of the child;

(e) building up child's knowledge, potentiality and talent;

(d) development of physicaJ and mental abilities to Ihe fullest extent;

(e) lraming through activities, discovery and exploration in tl child friendly and child-cemered manner;

(f) medium of instructions shall, as far as practicable, be in child's mother tongue;

(g) making the child free offear, trauma and anxiety and helping the child to express views freely.

(h' comprehensive and continuous evaluation of child's understanding of knowledge and his or her ability to apply the same.

30. (1) No child shall be required to pass any Board examination till completion of elementary education.

(2) Every child completing his elemenwy education shall be awarded a cenificate, in such fonn and in sucb manner. as may be prescribed.

Q\APTERVI

PROTECTlON OF RKiHT OF CHn.DREN

31. (1) The National Commission for Protection ofChild Rights constituted under section 3, or, as the case may be, the State Commission for Protection of Child Rights conslituted under seclion 17, of the Commissions for PrOlection of Child Rights

4 of 2006 Act, 2005, shall, in addition to tbr functions assigned to them under that Act, also perfonn the following functions. namely:­

(a) examine and review the safeguards for rights provided by or under this Act and recommend measures for thei~ effective implementalion;

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

(e) take nece.ssasy steps as provided under sections 15 and 24 of the said Commissions for Protection ofCbild RightsAct.

(2) The ~id Commissions shall. while inquiring into any mauers relating to child's right to free and compulsory education Wlder clause (e) of sub-section (1). have the same powers a5 assigned to them respectively under sections 14 and 24 of the said Commissions for Proteaion ofChild RightsAcl.

(3) Where the State Commission for Protection of Child Rights has not been constituted in a State, the appropriate Government may, for the purposeofperfoITTling the functions specified in clauses (a) to (c) of sub·seetion (1), constitute wch authority, in such manner and subject 10 such terms and conditions. as may be prescribed.

32. (1) Notwithstanding an}thing contained in section 31, any person having any grievance rrl3ting IQ the right ofa child under this Act may make a written complaint to the local authority havingjurisdietion.

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

Cuniculum and tlo'l.llU1t1011 prottdlU"C!

Exanunalion .". complttion cemficatt

Monil0rlnr; or dilld's right to education

Rtdrtssal or JI1tva1U;:tl,

COIUUlU!lOI1

of ~uionJI

AdviSOf)' Councrl,

C0D5lLIUI'lln of Stalt Ad~~I}'

COullcil

Po\\-cr to InliC dirttliOlu

Pn\'ious san;;llol for proS«"1I110n

ProlC:~"OD of Jii:IIOn tdtn In lood f&llh

Po~c:r of lppropnatc: Oo\CrnmClll 10 IN~C: Nks

10 11IE GAZETTE OF INDIA EXTRAORDINARY {PAlO II·

(3) Any person aggrieved by the decision of Ihe local authority may prefcr un appeal to the Stale Commission for Protection otChild Rights or the authority prc:scribeJ under sub-seclion (J) of section 31, as the case may be.

(4) The appeal preferred under sub-section (3) maU be decided by tlle Commls....!'n for Protection of Child Rights or the authori[}' prescribed under sub-seclion f J) nr section) I, as the case maybe., as provided under clause (c) ofsub-scaion (I) ofsectiCln J

33. (I) The Central Go"emmentshall constitute. by notification. a""aliooal Ad\ i!l.Ory Coun~il, consisting of suth numbtr of Members, not exceeding fifteen, as the Centl.ll Governmcnt may deem necessary, 10 be appointed from amongSI persons h::l\ Ill!;

knowldgc and practical experience in the field of elementary educolion and cndd development..

(2) The functions of the National Advisory Council shall be to advise the Cc:nlr.li Government on implementBtion of the provisions of the Act in an effective manner

(3) The allowances and other ternts and conditions oflbe appoinunem or Memocrs of the National Advisory Council shall be such as may be presc.ribtd

34. (I) The State Government shall constitutr. by notification. a State Ad\iiCH} Council consisting of such nwnber of Members, not exceeding fifteen, as th;: SI,I(l' Government maydecm ncceMary, 10 be appointed li'om amongsl persons having knO\l h:d~

and practical experience in the field ofelementary education and child de\ elopmc:m

(2) The functions of the Slale Advisory council shall be to advise the SI.I:e Government 011 implementation ofthe p[ovisioll5 of the Act in an effective manner

(J) The a1lo~'8nces and other terms and condition:; ofappoimmem of Mcmhcrs of the Stale Advisory Council shall be such as may be prescribed.

CHAPTERVU MISCELLANF.OUS

35. (I) The Central Government may issue such guidelines {o the appropriate Government or. as the casc: may be, the local authority, as it deems IiI for the purpos~ of implementation ofthe provisions of this Act.

(1) The appropriate Govemment may issue guidelines and give ~ch direc!ions, 8!o

it deems fit, to the local authority or Ihe School Management ('..ommittee regarding implementation of the provisions ofthis Act.

(3) The local authority may issue guidelines and gi,·e such directions, as II dccn~

fit. to the School Management Committee regarding implementalion oCthe provision>; of this Act.

36. No prosecution for offences punishable under sub-section (1) of section 1J, sub-section (5) of5CCtion 18 and sub-sectiod(S) ofsection 19 shall be instituted except with the prcvious sanction of an officer authorised in this behalf, by the appropriate Government, by notification.

37. No suit or other legal proceeding shall lie against the Central Go\'emmenl.., the State Go\'emmem. the National Commis$ion for Protection of Child Righls, Ihe Stale Commission for Protection ofChild Rights, the local authority, the School ManagC'mcm Committee or any person, in respect ofanythini which is in good failh done or intended (0 be done, in pursuance of this Act, or any rules·or order made thereunder

J8. (I) The appropriate Govemment may, by notification, make rules, for carl'}ing OUI Ihe proviSIOns of this Act

(2) In particular. and without prejudice to the generality ofm..: foregoing powers. such rules may provide for all or any of me following mailers. namel) ­

(0) the manner ofgiving special training and the time-limil thereof, under first proviso to section 4;

Soc. I) THE GAZElTE OF INDIA EXTRAORDINARY II

(b) the arta or limits for establishment of a neighbourhood school, under section 6;

(e) the manner of maintenance of records of children up to the age of fourteen years, under clause (d) ofsection 9;

(d) the manner and extent of reimbursemenI ofexpenditure, under sub· stction (2) ofsection 12;

(t) 110)' other document for determining the age of child under sub· section (/) of section 14;

(f) the extended period for admi,ssion and the manner ofcompl<:ling study if admined after the extended period, under section 15;

(g) the authority, the form Bnd mannerofmakingapplieation for cenif'ic8tc of recognition. under sub-section (I) of section 18;

(h) the form, the period. the manner and the conditions fOf issuing cenificate of recognition, under sub-section (2) of section 18;

(tJ the manner of giving opportunity of bearing under second proviso 10 suh-section (1) ofsection 18;

0) the olher functions to be perfomled by School Management Committee under clause (d) of sub-section (1) of section 21;

(k) the manner of preparing School Development Plan under sub-section (I) ofsection 22;

(1) the salary and allowances payable 10, and the tenns and conditions of service of, teacher, under sub-section (1) ofsection 23;

(m) the dUlies to be performed by the teacher under clause (f) of sub­sectiOD (I) of section 24;

(n) the maMer of redressing grievances of teachers under sub-section (1) ofsection 24;

(0) the fonn and manner orawarding certificate for completion ofelementary education under sub-section (2) of section 30;

(p) the authority, the manner of its constinnion and the lerms and conditions therefor, under sub-section (1) ofsection 31;

(q) the allowance$ and other terms and conditions ofappointmenl ofMembers of the National Adv;sory Council under sub-section (3) ofsection 33:

(r) the allowances and other terms and conditions ofappointment ofMembers of the: Stale Advisol) Council under sub-section (3) ofsection 34

(1) Every rule made under this Act and every notification issued under sections 20 and 23 by the Central Government shall be laid, as soon as may be after it is made, before each House ofParliarnent, while it is io session, for a total period ofthirty days which may be comprised in one sessioD or in two or more successive sessiom. and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Ilouses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should DOt be made, the rule or notification shall thereal't:erhave effeaonly in such modified fonn or be ofnoeffea, as the case may be; so, however, thai any such modification or annulment shall be without prejudice to the validity ofanythmg previously done under that rule or notification.

(4) Everyrule ornOlification made by the State Goverrunem under fhis Act shalt be laid, as soon as may be after it is made; before the State Legislatures.

12 THE GAZETTB OF INDIA EXTRAORDINARY (PAR'T Il-

TI-IE SCHEDUl£ (See sections 19 and 25)

NORMS A~D STANDARDS FOR A SCHOOl.

ll£mSI.No. Nonns and Standards

I. Number ofleachers:

(a) For fltiit class to fifth class Numbt:r ofteachers Two

Thrte

Admitted children

Up to Sixty Between sixty-<:me to ninety .

Between Ninety-one to Four one hundred and twenty 8eh-veeo One hundred Five and twenty-one to twO

hundred Five plu~ one Head­teachn

Pupll. re,lchN Ratio (excluding H~3d·

leach~r) shall nOI exceed furty

Above One hundred and fifty children

Above Two hundred children

(b) For sixth class to eighth class

(I) At leasl onc teacher pcr class so thai there shall be at leasl one tC.lcher each ro<­(/) Science and MathematIc!.

(il) Social Srudies; (iii) Languages.

(2) AI least onc teacher for C\'cry thiny-fivc children.

(3) Where admission of childr~n IS above: one hundred­

(i) a full time head-teacher;

V,) pan time insuuctors for-­

(A)M Education;

(B) Health and Physical Education;

(q Work Education,

Building2 All-weather building consisling or­(I) at least one class-room fOl every teacher

and an office<Uill·store-cum-Head leacher's room;

(iI) barriet-free access; (iii) separate loilel:s for boys and girls; (iv) safe and adequate drinkinJ waler facility

to all children; (v) a kitchen where mid-day meal is cooked ill

the school; (l'I; Playground;

SEC.IJ THE GAZETIE OP INDIA EXTRAORDINARY 13

SLNo. I~m Norms and Standards

(vit) arrangements for securing the school building by boundary wall or fencing.

3. Minimum nurnberofworking dayslinstructional hours in an academic year

(I) two hund~ working days for first class to fifth class;

(il) two hundred and twenly working days for sixth class to eighth cl

(iii) eight hundred instnlCtionul hours per academic year for first class to fifth class;

(iv) one thousand instructional hours per academic year for sixth class to eighth class.

4. Minimum number ofworking hours pcr week (or the teacher

forty·five teaching including preparation hours.

5. Teaching teaming equipment Shall be provided to each class as required.

~ Library There shall be a library in each school providing newspaper, magazines and books on all subjects, including story-books.

7. Playmalerial, games and spons equipment

Shall be provided LO each class as required.

TK VISWANATHAN. SeJ:rela"y 10 lhc Govt. of India

PRlNTlID a\ TH£GE.~ERAt.MANAGER. GOVT OF INOlA PRESS. MINTO ROAD, NE.W DELHI ...:..0 PUBUSliED BY111E CONTROt.l6R OF PUBLlc...noss, OELHl, 2009

GMGIPMRNO-3843GI-29-08-2009.