REGISTERED O. DL-(N)04J0007!

lOOJ-09

ail CGal,ette of ~ia

almWf{!lJ EX'IRAORDINARY

'U1T n - lfIl\!' 1

PART D - Section J ~tmftIif PUBLISHED BY AUTHORITY

~ 39J No. 391

~.~, 'tdttlfdql(, ~ ~7. 2009/~ 5, 1931

NEW DELHI, THURSDAY1 AUGUST 17, 20091 BHADRA 5, 1931

Sepllrate paging iN given to this P rt iJi order that.i may be filed as aseparate compilation.

M1NISTRY OF LAW .AND JUSTICE (Legislative Department)

New Delhi, the 27th August, 2009/Bhadra 5, 1931 (Saka) The following Act of Parliament received the assent of the President on tIle 26th August 2009, and is hereby published for general infonnation:-----:

r:HERIqHTOF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT 2009

No. 35 Oli' 2009

[261h August, 2009.) An Act to provide for free and compulsory education to all children of the age of six to fourteen years.

Ba it enacted by Parliament in the Sixtieth Year of'the Republic oflndia as follows:~ CHAPTER I

P1UlLTh1TN'1(R'V

1. (1) ThisActmay becalledthe Right ofChildr-en to Free and Compulsory Education Shorl Illlc,

Act, 2009. UteRI IIJId

eemmenee-

(1) It shall extend to the whole of India except the State ofJ ammu and Kashmir. milo L

(3) It hall come into force on such date as ihe Central Government may, by notification inthe Officia 1 Gazette, appoint.

Dc'inillOnS

2

THE GAZETTE OF INDIA EXTRAORDlNARY

LPA.RT. U-

2. In this Ac!., unless the contextoilierwtse requires,(a) '·appropriatl[e' Gevemrneat" means-

(l} in relation to a schoolestabHshed; owned or controlled by the Central Govemment, or the administrarO(ofWe Umon territo!)" having no legislature, the Central Government;

(il) ill relation to a school, other than tb~ sehool referred to in subolause ('), establisbed within the :tetrirory of.:......

. (.4) a State. the State O~veTi'lment;

(IJ) a. Union territory haVing legislature_; the: Government anhat Union territory;

(h) "capitation fee" means allY kind of donati 011 or ccntribution or paym.cnt other th.an the fee notified by the school;

(o) "ehiid" means a male or female child aflhe ageofsixIO fourteen years; (d)"chHd belonging to disadvantaged group" means a child belongingro the Schoon ted Caste, the Scheduled Tribe, the socially and edUCBtionaUy baekwarlj. class or such other group .having disadvantage owing to social. cultliral. eecncmical, geographical, linguistic, gender or such other factor, as may be specified tiy the appropriate Government, by notltic:a:tl.on;

(el "child belonging In weaker ;section'" means a child belonging to lluch parent or gu srdi an whose annual income is' lower than the minimum limilspecifled by the appraprifIXB Gover,Mum!, by n£ltification;

r.j) "elementary education" means th,e edvcatiOn from first class to eighth class;

(g) "guardian", in relation to a child. means a per.son having die care lU.1d. custody of that child and rncJudes a na~I'guardian or guardian a,,~otnted or

declared hy a court ora statute; •

(II) "toea lautherity" means a Municipal Ctllpol'stion or MUIllcipal Ccunci I or Zila Parishad or Nagar Pacchayat '0r Panchayat, by whatever name calledj and inc ludes such other authority or body having administrative ccatrol over rhe sehoel or empowered by or under any law for the time being in force to function as 11, local authority in any city, town or village;

(Ij "National Commissi(ln for .Pfo~tion afGhild Rights" means the National' Conunission for Protection of Child RightsooDstituted under section 3 of the

Commlssions for Protec Ii on ofChlid RightS Act, 2.00:5; 4 of 2006.

0) '!notification" means a aonficatien p.ublished in the Official Gazette;

(k) "parent" means either the natural or step or adoptive father or mother of

a child;

(I) "prescribed" means prescribed by rules made under this: Act; (m) "Schedule" .means (he Schedule annexed to this Act; .

(n) "scbool" means any reco'gnised school imparting etemenlalyeducation

and includes,- ,

(i) a school estabUshed, owned or controlled by the. appropriate Gcvemrnent or a local authority;

ei.f) an aided school receivin..gaid or grwns to meet whole or part of itS expenses from the appropriate Government or the local authority;

(iii) a school beLonging to specified category, and

(iv) an unttided schoolnot receiving any kind of aid or grants to meet itsexpenaes from the appropriate. Governrnentor the l.ocaJ au.thority;

Co) "screening procedure" means the method of selectien fur admission of a child, in p@fel'enceoveranother, other than a random method:

SEC.1J

THE GAZE'ITE OF INDIA ,F,J(TRAORDINARY

·1 of 2006.

(P) "specified category" in relation to a school, Olean a school known as Kendriyo Vldyalaya. Navodaya Vidyalaya., Sainik School or any other school he:" in'g a distinct character which may be specifled, by norification, by the appropriate Government;

(q) "State Commission for Protection of Child Rights" means the State Commis ion for Preteetion of Cbild Rights conatinited under section J of the CommissiohS for Prorenion of Child Rights Act, 200.5.

. CHAP1'ERn

I of 1996.

RIGHT 10 I'RflE t 0 COMI'UL.SORY IiDUCATlO '

3. (1) Every child of the age of six to fourteen years shall have a right 10 free and complllsory education in a neigbb<lurhood school till completion ofelemeutaryeducaticn.

(1) For the purpose of sub-section (1), no child shall be Liable to pay any kind offee or charges or expenses which may prevent him or her from pursuing and compJeting the elementary education:

Provided thaI a child sufferillg ifom disabIlity. as defined in clause (i) of seen on 2·of the Persons with Disabilities (Equal Opportunities. Protectien and Full Participation) Act, 1996. shall have the righllO pursue !Tee and compulsory elementary education in accordance with the pro vi ions of Chapter V of the said Act.

4. Where a. child above six years of age has not been admitted ill any school or though admitted, could not complete his or her elementary education then, he or she shall be admitted in a clas appropriate 'to his or her age:

Provided that where a child is directlY admitted in a ,class appropriate to his or her age, then, he or she shall. in order LO be at par with others, ha e a right to receive special rrainin& in such manner, and within such time-limite, as may be prescribed:

Provided further thai a child so admitted to elementary education shali be entit.lted to free education till completlon of elementary education even after fourteen years;

S. (I)' Where in a school, there is no provision for completion of elementary education, a child shall ha e a nght to seek transfer to any other sebool, excluding the school sp,et;ified in sub-clauses (iiO and (Iv) of cia use en) afsection 2., for completing his or her elerrientary education.

(1) 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 seek transfer to Shy other school" excluding me schcclspecuied in sub-clauses (iii) and Ov) of clause (Il) of section 2, for completing his or her ~Iementmy education.

(?) For seeking admission in such' oilier school, the Head-teacher or in-charge ofthe school where such child was last adm.itted shall immediately issue the transfer certificate:

Provided that delay in producing transfer certificate shan nor be a ground for~ttht:r delaying or denying admission in such other school:

'P rovided further that the Head-teacher or in-charge oflhe school deta}'ing issuance of trahsfel' certificate hall be liable for disciplinary action under tbe service rules applicable Lo him'or her.

CHAPTER III

DlfI'lES OF APPRO'PRlATE GOVER."lM.ENT, L.OCAL AU1l!ORITY A~ PA'RSNTS

6. POr carrying out the provisions ofmis Ac-t. the appropriate Go ernment and the local authority shall establish, within such area or limits of neighbourhood, as may be prescribed, a school, where it isuot so established, wjthin a period of'three years from the commencement of this Act.

3

Riglll of child to frell lind comp u tsory cdIlC.alioll.

Specilll proviS'ioJ1s for cliildrtn nOI admitted 10, or wl'lo hll\'!! nOl complllleu, elementary education.

Rjghlof trllnsfer In othCl' scholl I.

DUly of

a ppropriare Government and local aUlhority 10 eSlabllsh school.

Sharing of rmllm:illi and other

resPOIlSI bII ilres

Dllties oJ appropriate. GaYC!rnm~n1

4

iHE GAZE'ITE OF INDIA BXTRAORDINARY

[PARrCI-

7. (1) The Central Government and the .Stale Governments shall have coneurrent respcnslbl lilY for providing funds IQr canying oat the provisions of this Act.

(1) The Central GovemmeOl shall prepare theestirmat,es ofcapita( and recurring expenditure for the implementation of'the provisions of the Act

(3) The Central Government shall provide to the State Gevern men ts, as g:mnts-inaid of revenues, such p()'rcenillge of expetU:litu.r-e referred to in sub-section (2) as it may determine, from rime 10 time, in consultation witb the State Governments.

(4) The-Central Government may make a request to the Presrdent to mak~ 8. reference r.oLhe Finance Commission under sub-clause (d) of clause (3) ohtrlcle28flta examine the heed fOi addi'i.iollal reseurces to be provided tp .any Sime Gdvcmmen.t so the.L the said, State Oo;,/ernme.nl may p.rovide Its share of funds fur carrying out the provisions of the Act.

(5) Notwithstanding anything contained ill sub-section (4), the State Gcvernment shall, takIng inlt> consideralion the sums provided by the Central Governmem lO a SIa,te Government ufldtr sub-seetlcn {3J. and iiS .oilier resources, be responsible to previde funds for impiemen!arion of the previsions of tl'!e Act,

(6) The Central Government shatl----:-

(a") deY€! lop a framework of national curriculum wirh the help of aeadsmic atllhority specified under section 29;

(b) develop and enforce standards foru:aining of te1!ch~rs;

(e) provide technical support and resource:; to the State Government for promoting innovations, researches, planning and eapaeity building.

S. The appropriate Government sl1alj:.-

(0) provide free andcompuillory elementary education 10 every child:

Provided that where a child is admitted by his or her parents or guardia!\, as the case ma.y be. in a school other thanaschcol established. owned, conU"olied or SU,bsllll\tially financed by funds prQvide:d directly or indirectly by the approp,rinte Gevernment or a lo.cal authority. such child or his or her parents or guardian, as the case may be, sbalJ not be entitled. to make a claim for reimbursement of expenditure incurred on elementary educatinn of the chUd in such other scheck

~plamlli()lI.-The wnn "compulsory education" means obligation of the appropriate Governmem1o-

(O'provide free elementary educatlon toeverychUd of the age of six to fo·urteen years; and

(il) ensure compulsory admission, attendance and completion of elementary education by eve!), child of theage of.six. to fourteen years;

(b.)cnsure aV8ilah1lity~of a n.eighbour,hood school as specified in secden 6; (0) ensure ,that the child belonging to weiker section and thechlld belonging

to disadvantaged group are not discriminated against. and prevented from. pUfllui:ng andcol11pleling elementary education on any grounds;

(d) provide infrastructure including school building, teaching staffandlesrnlng eq ui pmeru;

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

(if) ensure and fl\ollitor admission, attendance and eomplenon of elementary

education by every child; .

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

(Ii) 'ensure timely prescribing of eurrleuhnn and coursesof srudy for elementary education; and

(I) provide trainrng faoility fosteachers,

9, Every local authority shall-«

~a) provide free and compu Isory elementary education to every chi 1£1; Provided that where a child isadxnittecl by his or her PSn:Ilts or gusrdian,as

thecase may be, in 3 sc 1100 1 othe.r than. 11 s_ohoolestablished, owned. c0ntrolled or substantially financed by funds provided directly or indirectly by tlu: appropriate

Govern ment ora local authority. such child or his or her parents or guard ian, as the

case may be, shall nat be entitled to make a claim for reimbursement (l·f npenditure

incurred (In elementary education of the chUd in su~h other school;

(It) enaure availability of a neighbourhood school as specified in section 6; (c) ensure that the child belonging to weaker section and the child belongjhg to disadvanlaged group are not discriminated against and prevent.ed from plIISuing and completing, elementar), ed~cati(Jn on any grounds;

(d) maintain records of children up to the age of fQurleen yearS residing with in its jurisdiction, in such manner as may be prescribed;

(tJ) ensure and monitor admissien, attendance and compJel len of elementary education by every child resid log within its ]urisdia:;tion;

en provide infrastructure including school building, teaching. ~ta.lT and learning material;

(g) provide special [raining facility specified in section 4;

(h) ensure good quality elementary education conforming to, the standards and norms. speeified in the SciheduJe;

(l1 mlsure timelY presaribingofi(:U11icu lutn and course'S of study for elementary

education:

(j) provide tra i:ning facil iry fer teacllcrs;

Ck) ensure- admission of eli i ldren of migrant !ami! les;

(f) monitor function ing of schools within iU j udsd ic;~i()ri; and ,(m) decide the 8::adBmiccalendar.

10 .. It$l1aU be- i:lle duty of every parent or gUardian to adroit or cause to be adm itted Duly of his or her child Or ward, as the case may be, to an elementary education in the parents and

neighboarheod school. guardlfln_

SEC. \]

THE GAZETTE OF lNDlA E)ITRAORDINARY

11. Witb a view ro prepare chlldren above the age of three- years for elementary education and to provide early childhoGd ca~ and educ-ation far all children until they complete the age of six years, Ihe' apprtllpriate Oovemme-pt may make necessary .arrangement for pTOvidiDg free pre-sehooleduQsrion for such children,

OiAPTRRrv

REsPON51Bl1.mES Of SCHOOLS AND TliAClIERS

1'2. (11 Fer the purposes of this Acl,.a 5cI1001.-

(u) specified in sub-clause U) of clause {n)ofsection 2 shall provide free and compulsory elementary education to allehildren admitted therein;

(b) specified in eub-clause (it) of pia use (n) ofseetion 2 shall provide free and compulsory el'ernenlrujfeducation to SUCh proponion of children admnred therein as its annual r~cW"ring aid or grants: so received bears to its annual recurring eX~6nses.5Ubje-Ct to a minimum oftwenty-fiye percent.;

(cl specified in sllk/auses (iit) and (i'\I~ of clause en) ofseetion 2 shalt admh: in class I. to the extent of at least twenty-five per Gent, of the slTength of that class, children belonging to weaker section and disadvantaged group in the

5

Duties of loc·sl

aUTl!ority

Appropriate Gtlvc.mmcnt to provide for pr~"sl)hoClI ~dUMlloll,

rh:hml of school's responsibIlity for r~l! aDd com pulsory ~lIealion

6

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

neighbourhood and provide free and compulsory elementary education till ItS completion-

Pro ided .further that where IJ, school specified in clause (11) of section 2 imparts pre- cbool education, the provisions of clauses Ca) to (c) shall apply For

admission to such pre-school education. .

(2) The schee I specified in sub-clause (iv) of clause (II) of section 2 provid ing free and compulsory elementary education as specified in clause (c) of sub-section (I) shall be reimbursed expendhure so incurred by it to the extenrofper-chtld-expenditure incurred by the State, or the actual amount charged from the child, whichever is less) in such manner as may be prescribed:

Provided that such reimbursement shall not exceed per-child-expenditure incurred by a school specified in sub-clause (I) of clause (n) of section 2:

1> ro .... i ded further that where such school is already under obJigsl ion to provide free education to a spa if led number of children on ,account of it having received any land. building, equipment or other facilities, either free of cast or 81 a concessional rate, such school shall not be entitled for reimbursement to the extent of sueh obligation.

(J) E;very school shall pro iclesuoh information as may berequired by the.appropriate

Govemment or. the local aUthority, as the case may be. .

13. (1) No school or person shall, while admitting II child, collec; any capitaLi.ol1 fee and s~bject the chlid or his or her parents OT guardian 10 any screening procedure.

(2) Any school or parson, if ,in contravention of the provisions of subsection (1),-

(a) receives capitation fee, shall be punishable with fine which ma-y extend to

Len times the capitation fee charged; .

(b) subjects a child to screen,ing procedure, shall IJe punishable with fine which may extend to m"ellQf~five tl:tousand rupees for !he first contravention and fifty thousand rupees for each subsequent contraventions.

Proof uf e-ge 14. (I) For the purposes of admission to elementary education, me age of it child fm atlmw.ion. shaJ I be determined on the basis of the birth certificate issued in accordance with the provision of the Births. Deaths and Marriages Registration Act. 1886 or on the basis of such ether document, as may b prescribed.

(]) No child shall be denied admission in a school for lack of agt'l pOOdt:

No Cllpitlltll'ln tee and

scrteolD!!. pn)cl:dufC for adJni&.~ Ion

No denial of admissien

Pronibtnen of holding beck IIlld expolsi,m.

Prohibition of physical purushmeat and me-aMi! baJ1l$.5mcn~ 10 child.

u boollo be ~"iabhsl1ed

without

obll!inHlg cdtificate of recogmuen.

] 5. Achild shall be admitted 1n aschool at the commencement ofrhe academic year or within such extended period as may be prescribed:

Provided that. no child shall be denied admission if such admission 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 Government.

16. No child admitted in a school shall be held back in any class or expelled from school till the completion of elementary education.

17. (1) No child shall be subjected to physical punishment or mental harassment. <?) Whoever contrave-nes the provisions of sub-secricn (1) shall be liable to disciplinary action under the service- rules applicable to such person.

is. (/) No school, other than a school established, owned or controlled by the appropriate Gevernment or the local auth,orlty, shall, after the commencement of'thls Act, be establishtd or function. without ebtaining a certificate of recognition from such authority, by milking an applicatioD in ueh form and manner, as may be prescribed.

(2) The authority pre eribed under sub-section (1) shall iSSUe' th certificate of reeognaton in such form, wIthin S!JCD period, in such manner, and subject to such condition, asrnaybe prescribed:

II er 1886.

SEC. I]

THE GAZE'ITE OF INDIA BXTR.AORDlNARY

Provided that no such reeognition shall be granted to a ScllOOI unless it fulfils norms and standards speCified under section 19.

(J) On the contravention of me eond ltions of recognition, the prescribed authority shall, by an order hl writing, withdrllw recognition:

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

Provided futther that no recognition sball be so withdra .. vn without giving an opportun ityof being heard to such school. in sueb manner, as may be prescribed.

(4) With effect from the dale of withdrawal 6flh~ recognition under sub-section (3), no such school shall continue to function.

(5) Any person who establishes OT rum; a school without obtaining certificate of recognition, er co ntinues to run a schoe I after w.ithdra.wal of recognition, shalt be liable to tine which may extend to one lakh rupees and in case of continuing contraventions. to a fine often thousand rupees for each day during which such contravention continues.

19. (I) No school shall be establislnxl, or .rocogl1ised, under se tlon 18. unless it fulfils the.norms and standards peclfied in the SGheduJ~.

(2) Where a school established before the commencement of this AeT does not fulfj I the norm and standards pecified in the S'ObedI11e. it shall bike steps to fulfil such norms and standards at us own expenses, within a period of three years from the date of such commencement.

(3) Where a school fails to fulfil the norms and standards within the period specified under sub-section (2 • the authority prescribed under sub-ssction (I) of section ] 8 shall withdraw recegn irian granted to such school in the manner specified under sub-section (3) thereof.

(.f) Witb effect frorn the date of withdrawal efrecognttion under sub-section (3) no school shall continue to function.

(5) ~ny person who continues to run a school ",ftef the: recognition is Withdrawn, shall be liable to fine which may extend to one lakh rupees and in case of continuing contraventions, to a fine of ten thousand rupees for each day during which such contravention continues.

20. The Central Government may, by notification) amend the Schedule by adding to, QI' omitting therefrom, any norms and standards,

21. (1) A school, other than a school specified m: sub-clause (tv) of clau e (n) of section 2. sijall constitute a School Management Committee consisting of the elected represelltativesof the local Wliliority, parents or guardians of children admitted in such school and teachers:

..

Provided that arleast three-fourth of members of such Ccmminee shall be parents or guardians:

PrOvided further that proportionate representation shall b given to the parents or guardians of ohlldren belonging to disadvantaged group and weaker section:

Provided at 0 that fifty per cent. of Membe'l'i!! of such Committee shall be Women. (2) The Scholll Management Committee sh~1I perfonn 1he followmg functionS, namely:-

(a) monitor the working ofthe school;

(b) prepare and recommend sebqol development plan;

(e) monitor the utilisarion of the grants received [rom the appropriate Government or local authority or any other source; and

(d) perform such other functions as may be prescribed.

2.2. (I) Every School Management Cernmittee, constituted under sub-section (1) of section 21, shall prepare 8 Schoo I Deve lopmeot P Jan, in suoh manner as may be prescribed.

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

7

Norms and standards for sehoul,

Power 10 am£l1d Schedule,

School Management Cemmntee

Sbhob! Oczvo!opmtnl Plan.

Qual ilicil I ions tnr appolD I· ntent and tt[W e:nd tOlldiljons or serviee or IC:01c.llI:r$.

Duttes or t".o:heri ::!I)d mlrcssal iJf &CIC:I'attc:t.;,

Pupil-Teacher RlilLo

I'mlng lip vacC1lIl,CII:S of leach.:;:;

Prcbibilloll of deploymenT 01 lell ehe IS fLlI 1l01l.~U!:n-

I ie IIllp 0 rIlO-l!!S.

Prohibuion of prh'al!!: luitloo by rea ch cr.

8

THE OAZE'fTE OF INDIA E.xTRAO'RDfNARY

[PAJUU-

23. (I) Any person possessing such-minimum qualitic.ations. as laid dO\\ITl by an academic apthorilY,'llumoriged by the Central Government, by Mtifica:tion, shall be eligible for ~ppointmen( as if teaehes,

(2) Where a Slate does not have adequate institurions offering courses ortraining inmacher.education, or teachers possessipg, minimum qualifications as i'ald down under s~b-sectien (J) are not available in sufficient numbers, tb.e Central Gbvemmeht may, i r ft deems nooessar)'. bynotilication. relax the minimum qualiti.cations required fur appomtme,nt as a tellcher, f()r such period, not exceeding five years, as may be specified in that notification:

Provided that a teacher who, Ii the cornmencementof this Act, does not posse-ss minimum q uallficarions as laid down under sub-section (I), shallacqutre 511ch min imurn qualifications "iibin a period of fiveoyears.

(3) The salary and allowances payable lQ,and the terms and conditions of service ot~ teachers shall be such as may be prescribed.

1.4 .. (1) A teacher appointted under sub-seclion (1) of seetien 23 shall perform the IbUowin,gduties, namelJi':-

(a) maintain regularily and punctuality in ittrending school:

(b)conduci anc! complete the curriculum in accordance with the provisions of sub-sectien (2) of section 29;

(e) complete entire curriculnm Within the speclfled time;

(d) assess the learning ability of eaeh child and accordingly sll.ppl~menl additional instructions, iIany, as required;

(e) hold regular me:e1ings witi;t parems and guard ians and appn se the.rn about the regularity in attendance. ability to learn, progress made in learning and any other relevant inf{lrma,~ion abour the child; anrl

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

(2) A teacher CtllD:mitting default in perf0rmanc.e ofduties specified in sub-section (I), shoJI be liable 10 disciplinary action under the service rules applicable IU him or her:

Provided that before·taking such dIsciplinary action, reasonable opportunity of being heard shall be afforded to such teacher.

(3)' The grievances, if any, of the l:ea.oher shall be redressed in such manner as may be prescribed.

25. (I) Whhln six months from the date-of commencementoftl1is Act, the appropriate Government and the-local authority shal I ensure thal the Pupil- Teacher Rane, as specified in tb:e Schedule, is maintained in each scaoel.

(2) For the purpose of maintaining the Pupil. Teacher Ratio under sub-sect ion. (1). no teacher posted in 3 school sball be made to serve in any other school or office or dep loyed tar any nnn-edueaticnal purpose" other than those specified in section 27.

26. TbeBppointing_ authority, in relation to Ii scheolestabl ished, owned.contre lled or substantially financed by funds provided dirceCfly or indirectly by the appropriate Government or by a local authorilY. shall ens.ure tnat vacancy of read her in a school under its control shall not exceed teo per cent. 'of the total sanctioned 'Strength.

27. No teacher shall be deployed for any non~educaTional purposes other than utc decennial population census, disaster reHef duties or duties relating tu elections to the local &:otnorlry or the Slate Legislatures. or Pru-lIame:nt,as the case mar b(-.

28. No reacher shall engage himself or herself in private tuition 0;- priv.ate leaching activity.

4- Of 2()06

SEC. 1]

THE GAZEITE OF £NOlA EXTRAORDINARY

CH.APl'f.R V

CURRICULUM A 0 CGM.!'IZfI0N OF 1l!.EMP.N!Ak\· EDUCi\'I10t:l

'L9.,(J) The-curriculum and the e'laJu8tlon procedure for elementary education shall be laid down by an academic authority to be specified by the appropriate Government, by no~ification.

(2) The academic authority, while laying down the curriculum and the evaluation

precedure under sub-seotion (I), shall take into co[]slderaf;jon the foHowing, namely:_:__'

fa) conformity wid! the value-S enshrined in the Coastltutien;

(b) all round development oftbe ehlld;

fc) building IIp child's knowledge, potentiality and talent;

(d) development of physical· and rnentalabi lities to the fullest extent;

(e) Ieaming through activities discovery and exploration in a child friendly and child-centered manner:

(j) medium of instruction shall. as tar as practicable. be io child's mother tongue;

(g) making the child free offear, trauma and anxiety and help ing the chi ld to express view freely;

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

30. (1) No child shaJI be required to pass any Board'examinl1tion tiII completion of elementary educattcn.

(2) Every child completingbis elementarY, education shall be awarded a certificate, in such form and in sucb manner, as may be prescribed.

CHAPTERVl

9

Curriculum and e aluation proedure

E.IIaminallon and comp!elion certificate,

PROTECTION OF RlGHl: OF CMJ!.DR£N

3 . (I) The National Commission for Protection ofChlld Rights constituted under section 3> or. as the case mlI)' be. the State GOmnUssiOD for Protection of Child Rights constituted under section 17, of the Commissions for Protection of Child Rights Act, 2005, shall, in addition to the functions assigned to them under thatAct,also perform

the following functions namely:~

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

(b) inquire inro complaints relatirig 10 child's right to free and compulsory education; and

(c) take netessary steps as provided under sections I and 24 of the said Commissions for Protection ofCbUd Rigbts Act.

(2) The said Commissions shall. While inquiring into any matters relating La child's right to free and compulsory education under clause (a) of suirsection (I), have the same powers. as assigned to them respectively underseerions 14 and 24 of tbe said Commlssicns for Protection of Child RigbtS ~cr.

W Where the State Commission for Protectien of Child Rights has oot been constituted in a State, the appropriate Government may. for tile purposeof performing the functions specified in clauses (a) to (c) of sub-section (J). constitute su h authority, in such manner and subject to suciltenns and conditions, as may btl prescribed.

32. (l) Not\vithsmndiDg any1hins contained in section 31. any person having any RCdressef of grievance relating tQ thi' right of a child under this Act may make a written complaint to grltVI1J\~S. the IQcallUtthorj1)' having jurtsdiction.

(2) After recei ing the complaint under sub-section (I), the lecal authority shall decide the matter within 8 period o(three months after affording a reasonable opperturtity of being heard to the parties concerned.

Monilorlng or tlJjild's righl 10 education ••

CtH!) llIu lIun of Nadotllil AdvislU,)' CllUnl1I1.

COl\llutuhon of SIPle Advisory COUlICU.

PO .... -ef (0 ~~IIC diredions.

Previous s:tp~1i 1)11 for prosecution

Prnreeunn of ~iJon 1,IIlten ill good f.llith..

Pewer of

ap prepriate Go,~tflllneni \0 Hlllke rules.

10

THE GAZETTE OF INDIA EXTRAORDINARY

[PART 11-

(3) Any person aggrieved by the. deeisionef the local allti1ori1.)! may pre·fer nn appeal to the State Commission for Protection ofClilld Rights Of the authority prescrl bcJ under sub-section (1) of section 31, as the C41se rna, be.

(4) The appeal preferred under sub-slMltion (3) shall be decided by Sta.teCOlTlttiIS~It\n fOfProiection of Child Rights or the authority prescribed under sub-seeiion 13/ 11 r section? 1. as the case may be. as provided under clause{c} of sub-section (f)cf secrion 3 1

33. (1) The Centrai aovernmencshaU constitute. by notification. a NlllIonal A1h'l!>ory Council, consisting of such number of Members" not exceeding fifteen, as the Cen 11'31 Govern numt rna)' deem necessary, [0 'be app,,0inted from amongst persons hav mg kncwldge and praclical experience in the field of elementary education and cnild

development..

(2) The functions oflhe National AdvisoryQ)uncii shall be 10 advise the Ceml'Ji Government on implementation of the pr;ovisions of the Act in andfective manner.

(3) The allowances and other temlS and conditions of the appo1nrm~nl of Mcm OCiS of the National Ad visory Council Shall bel suehas may be prescribed.

34. (1) The Stare. Government shall constitute. by notification, a Slate Ad i,~C'l1j Council consisting of such number of Members. nor exceeding fifteen, as the SUllC Govemroent maydeem necessary, 10 be.a.ppointed from amonJr-ilpersons helYing kno\\'!I.'<l!!C

and practical e}.1>erience in the field ·of elementary education and child development, •

(2) The functions of the State Advisory council shall be to advise the Sta:c Government on implementation of the pIoyi,SiollS of the Act in an effectIve manner.

(3) The a1IO .... 'lI.nce:S. end other terms and condition~ ohppoil1lment of Members of the Sls·te AdvlJiQJ)' Council shall besucn as may be prescribed.

CHAPTERVTI MIS:CliLLANEOUS

35. (1) The Central Government may issue such guidelines 10 the apprQpriat~ Government Of, as the case may be, the: local cau'thortly, as it deems fit 'for the purpos;!s of .implementation ef the provisions ef this Act.

(2) The appropriate Governmenl may Issue guidelines-and give such directions, as it deems fit., lome local alithority or the School Management C..omm'jttee regarding implementation ofrhe provisions of this Act.

(3) The local authority may issue guidelinesand give such directions, as it deerns fit, to, the School Management Commttte9 regard Ing lmplement8ticm of the provis ions of

this Act.

36. No prosecution. for offences punishable wtder sub-section (2) of section 1], su b-seetion (5) of section 18 and sub-section' (5) of section 19 shall be instit.l,lted except with the previous sanction of an. offieer authorised in this behalf, by the appropriate

Government, bynotificarion.

31. No suit or other legal proceeding. shall He against the Central Government, the

State Government, the National Commission for Protection of Ch i ld Rights, the Stale Commission tor Protecrron ofCltild Rights. the local authorit)~ the School Managemem Committee or any person. in respect of anything which is in good faith done or intended to be done, in pursuance of thls ACl) or any rules or order made thereunder.

38. (1) The appropriate Government may, by netificaricn, make rules, forcarrying oul the provisions of this Act.

(2) 111 particular, and without prfljlldice to the general ity of the foregoing powers. such rules may provide for all or any of the following rnsrters, namely:-

(a) the manner of giving special tr.aining aIld the rime-lirnlt Chereof, under I1rst proviso [0 section 4;

SEC. 1J

THE GAZElTE OFfNDlA EXTRAORDINARY

II

(b) the area or limits for. estilbJishmemof a neighbourhood school. under section 6:.

M the manner of mal.ntenance, of recesds of children up to the. age of fourteen years, under clause (d) ofseotion 9:

(d) the manner aDd extent of reimbursement of expenditure, under subsection (2) of section 12;

(8) any other document fOf determining tbe age of child under subsection ( 1) of seerlon 14~

(f) theextended period for admi.ssion and the manner of com pie ling study if admitted after the extended period, under section 15;

(g) the aulllOril)', the form and. manner of making application for certificateof recognition, under sub-section (1) of section 18;

(h) the form, rhe period, the manner and the conditions for iss 0 jng certificate of recognition, untie; sub-seetion (2) ,ofsection IS;

(i) the rnaanerof giving opporrunity of hearing under second proviso 10. sob-section (3) of seettan 18; .

(j) the dtJ1eT fun.c~ions to be performed by Sohool Management COmmittee under clause (d) of sub-section ('2) of section 21;

0<:) the manner of preparing Schoo I Development Plan under sub-section (J) of section 22;

(1) the salary endallowances payable to, and Llle terms and conditions of service of, teacher, under sub-section' (3) of section 23;

(m) the duties to be performed by the teacher under clause (j) of subsecrion (J} of seetion 24;

(n) (he manner of redressing grievances of teachers under sub-section OJ of sec lion 24;

(o)the'form ami manner ofawarding ceetificate for completion ofelemenmry education under sub-section (2) of seetion 30.;

(p) the authority, tile manner of itscon~itution ami the terms and conditions therefor, unders.ub-section (3) of section 31 ~

(q) ihe 1l11owaElces.and oth~r terms and conditions ofappO.inllTlent of.Members bft~e National Advisory Ceuncll under sub-seetien (3) of section 33;

(r) the-allowances and other terms and condltions ofappoirtll'n.enr of Members of the State Advisory CouJlci I under sub-seetion fJ) of section 34

(3) E.very ru Ie made WIder thisAet and every notificatIon is.sued under sections 20 and 23 by the Central Goyemment shall be laid, as aeenas may be after it is made, before each House ofPI1l' Ii ament, while it is in session,for.11 totalperiod of thirty days which may, be comprised ill one session or in two or more successive sessions, and if. before the expiry of fhe session imfilediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in tbe rule or notificau.on or both Houses ageee that the rule or notification should notbe made the rule or notific.8tion shall thereafter have effect only in such modified form or bee f noeffecl, as the case may be; so, however, Ihat my such modification or annulment shall be without prejudice to the validitY of anything previously done under that rule or notification.

(4) Every rule or notification made by the Stare Government under this Act shall be laid, as soon as may be afi6r R is made; before the State Legislatmes.

12

THE GAZETTE OF INDIA EXTRAORDINARY

[PM:rfl-

TIJE scaamns

(See sections 19 and 25) NOR.MS AND STANDARD!; FOR A SCHOOl.

SI.'No.

Item

1. Number ofH:achers:

(0) F-or flrst class to fifth class

(b) For sixth class to eighth clast

2 Building

Btm'oleen Ninety-one to Four one hundred and

twe~ty

Between One hundred Five and twenty-one to II:WO hundred

Above One hundred and fifty children

Above Two hundred children

Norms and Standards

Adm~d children Upfo Sixty

Between sixly-one to

ninety •

Numb.;.r of'teachers l\'fo

Three

Five plus one Headteacher

Pupil- reacher Ratio (excluding: Headteacher) shall not exceed furry.

(I) At least one teacher per ctass' so that there shall be ar l'east CIne teJ.cher each 'fut-

0) Science and Mathematic! . (il) Seeial Studies;

(itt) languages .

. (2) At leaSt one reacher for every thirty-five ohildren.

,(3) Where admission of children is above . one hundred->

(l)aroll time bead-teacher; (1"1) part time instructors for-(A) Art Education;

(B) Health and Physical Education; (C) Work Educatien,

All-weather building consisting of-

(1) at least one class-room TOT every reacher and an office-cum-store-cum-Head teacher's room;

(if) barrier-free access;

(iii) separare 'tOUe.t:.s for boys and girls;

(iv) safe and adequate drinking water faciJily to all children;

(v) a kitchen where mid-day meal is cooked i 11 the school;

(vi) Playground;

SI.No.

lfern

Norms and Standards

SEC.IJ

THE GAZEITE OF INDIA EXTRAORDINARY

3. Minimum number of working days/instrlJ[.tional hours in an academic year

4. Minimum number of working hours per week fOr the teacher

5. Teaching I'earning equipment

6. Library

7. Playmatl:lrial, games-and sports equipment

(v.if) arrangements for securing the school building by boundary waH or fencing,

(1') two hundrt}d working days for first class \0 fifth class;

(ii) two hundred and twenty working days for sixth class to eighth class;

(iii) eight hundred instructional hours per academic year fnr [lIS! class to fifth eless:

(ill) one thousand instructional hours per academic year for siXTh class to eighth class.

forty-five teaching including preparation hours.

Shall be provided to each class as required. There shall be a library in each school providing newspaper, magazines and books on all subjeets, including story-books.

Shall be provided to each class as reqaired ..

T.I<.. VrSWANATHAN, Secrelar}' 10 lll~ Govi. of lndto.

PI!. [JI.'1liD IH THE GE.NIiR..~ MANAQJJR.. oovt OF INDIAI'R;E.S!> MINjO ROAD, NE.W DELHl AJ'ID i>UBUsHED SY1'HE CONTROt.LBR OF PUBL.ICATIONS, OELHI. Jl>OO.

GMGIPMFlND-3843GI-29-06·2009.