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R. No. PMA 627/2010/Pt/94:

Dated Dispur the 11th July, 2011

No. PMA 627/2010/Pt/94: In exercise of the powers conferred by section 38 of the Right of Children to Free and Compulsory Education Act, 2009 (Act No. 35 of 2009), the Governor of Assam is hereby pleased to make the following rules, namely :-

R.1 Short title, extent and commencement :-

1. Short title, extent and commencement :- (1) These rules may be called the Assam Right of Children to Free and Compulsory Education Rules, 2011.

(2) They shall come into force on the date of their publication in the Official Gazette.

(3) It shall have application to the schools established within the State of Assam.

R.2 Definitions:

2. Definitions: In these rules, unless the context otherwise requires, -

(1) “Constitution” means the Constitution of India;

(2) “Central Government” means the Government of India;

(3) “Government” means the Government of Assam;

(4) “Governor” means the Governor of Assam;

(5) “Autonomous Council” means the Autonomous Councils of the two Hill Districts or the Bodoland Territorial Council, as the case may be;

(6) “local authority” means the Municipal Corporation, the Municipal Boards, the Town Committees, the Zila Parishad, the Anchalik Panchayats and the Gaon Panchayats constituted under the relevant Acts within the State of Assam;

(7) “Act” means the Right of Children to Free and Compulsory Education Act, 2009;

(8) "Anganwadi" means an Anganwadi Centre established under the Integ

R.3 Special Training for the purposes of first proviso to section 4 :

3. Special Training for the purposes of first proviso to section 4 :- (1) The School Management Committee or the local authority, as the case may be, shall identify children requiring special training and organise 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(1);

(b) It shall be provided in classes held in the premises of the school, or through classes organised in safe residential/non-residential facilities;

(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.

R.4 Areas or limits for the purposes of section 6 :

4. Areas or limits for the purposes of section 6 :- (1) The areas or limits of neighbourhood within which a school has to be established by the Government, the Autonomous Council or the local authority, as the case may be, shall be as under :–

(a) In respect of children in classes I-V, a school shall be established within a walking distance of one km. of the neighbourhood;

(b) In respect of children in classes VI-VIII, a school shall be established within a walking distance of 3 km. of the neighbourhood.

(2) Wherever required, the Government, the Autonomous Council or the local authority, as the case may be, shall upgrade existing schools with classes I-V to include classes VI-VIII. In respect of schools which start from class VI onwards, the Government, the Autonomous Council or the local authority, as the case may be, shall also endeavour to add classes I-V, wherever required.

R.5 Duties of Government, Autonomous Council and Local Authority for the purposes of Sections 8 and 9 :

5. Duties of Government, Autonomous Council and Local Authority for the purposes of Sections 8 and 9 :- (1) A child attending a school of the Government, Autonomous Council or the local authority, referred to in sub-clause (i) of clause (n) of section 2, a child attending a school referred to in sub-clause (ii) of clause (n) of section 2 in pursuance of clause (b) of sub section (1) of section 12, and a child attending a school referred to in sub-clause (iii) and (iv) of clause (n) of section 2 in pursuance of clause (c) of sub section (1) of section 12 shall be entitled to free text books, learning materials and uniforms:

Provided that a child with disabilities shall also be provided free special learning and support material.

Explanation: In respect of the child admitted in pursuance of clause (b) of sub-section (1) of section 12 and a child admitted in pursuance of clause (c) of sub-section (1) of section 12,

R.6 Maintenance of records of children by local authority or such other Authority for the purposes of clause (d) of section 9 :

6. Maintenance of records of children by local authority or such other Authority for the purposes of clause (d) of section 9 :- (1) The local authority or such other Authority as notified by the Government shall maintain a record of all children, in its jurisdiction, through a household survey, from their birth till they attain 14 years.

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

(3) The record, referred to in sub-rule (1), shall be maintained transparently, in the public domain, and used for the purposes of clause (e) of section 9

(4) The record, referred to in sub-rule (1) shall, in respect of every child, include -

(a) name, sex, date of birth, (Birth Certificate Number), place of birth;

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

(c) pre-primary school/Anganwadi centre that the chi

R.7 Admission of children belonging to weaker section and disadvantaged group for the purposes of clause (c) to section 12 (1) :

7. Admission of children belonging to weaker section and disadvantaged group for the purposes of clause (c) to section 12 (1) :- (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) to section 12(1) shall not be segregated from the other children in the classrooms nor shall their classes be held at places and timings different from the classes held for the other children, nor shall an exclusive section be opened for them.

(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) to section 12 (1) shall not be discriminated from the rest of the children in any manner pertaining to entitlements and facilities such as text books, uniforms, library and ICT facilities, extra-curricular and sports.

(3) The areas or limits of neighbourhood s

R.8 Reimbursement of per-child expenditure by the Government, Autonomous Council or the local authority for the purposes of section 12(2) :

8. Reimbursement of per-child expenditure by the Government, Autonomous Council or the local authority for the purposes of section 12(2) :- (1) The total annual recurring expenditure incurred by the Government, the Autonomous Council or the local authority, whether from its own funds, or funds provided by the Central Government or by any other authority, on elementary education in respect of all schools established, owned or controlled by it or by the local authority, divided by the total number of children enrolled in all such schools, shall be the per-child expenditure incurred by the Government, Autonomous Council or the local authority.

Explanation - For the purpose of determining the per-child expenditure, the expenditure incurred by the Government, Autonomous Council or local authority on schools referred to in sub-clause (ii) of clause (n) of section 2 and the children enrolled in such schools shall not be included.

R.9 Documents as age proof for the purpose of section 14 :

9. Documents as age proof for the purpose of section 14 :- Wherever a birth certificate under the Births, Deaths and Marriages Certification Act, 1886 is not available, any one of the following documents shall be deemed to be proof of age of the child for the purposes of admission in schools :-

(a) Birth Certificate issued by competent authority of the Government;

(b) Anganwadi record register;

(c) Horoscope;

(d) Certificate issued by official village Headman (Gaon–Burha) of the village record register;

(e) Affidavit by the Parent/Guardian declaring the age of the child.

R.10 Extended period for admission for the purposes of section 15 :

10. Extended period for admission for the purposes of section 15 :- (1) Extended period of admission shall be six months from the date of commencement 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 the help of special training, as determined by the head of the school.

R.11 Recognition of schools for the purposes of section 18 :

11. Recognition of schools for the purposes of section 18 :- (1) Every school, other than a school established, owned or controlled by the Government, Autonomous Council or the local authority, as the case may be, established before the commencement of this Act shall make a self declaration within a period of three months of the commencement of the Act, in Form No. 1 to the concerned District Education Officer regarding its compliance or otherwise with the norms and standards prescribed in the Schedule and the following conditions:-

(a) the school is run by a society registered under the Societies Registration Act, 1860 (21 of 1860), or a public trust constituted under any law for the time being in force;

(b) the school conforms to the values enshrined in the Constitution;

(c) the school buildings or other structures or the grounds are used only for the purposes of education and skill develop

R.12 Withdrawal of recognition to schools for the purposes of section 18(2):-

12. Withdrawal of recognition to schools for the purposes of section 18(2):- (1) Where the District Elementary Education Officer on his own motion, or on any representation received from any person, has reason to believe, to be recorded in writing, that a school recognised under rule 11, has violated one or more of the conditions for grant of recognition or has failed to fulfill the norms and standards prescribed in the Schedule, he shall act in the following manner:-

(a) Issue a notice to the school specifying the violations of the condition of grant of recognition and seek its explanation within one month.

(b) In case the explanation is not found to be satisfactory or no explanation is received within the stipulated time period, the District Elementary Education Officer may cause an inspection of the school, to be conducted by a Committee of three to five members comprising of educationists, civil society represe

R.13 Composition and functions of the School Management Committee for the purposes of section 21 :

13. (1) Composition and functions of the School Management Committee for the purposes of section 21 :-

(i) A School Management Committee shall be formed for each school. This would be a permanent Body of which, the President and Members shall have a term of three years. However, they shall continue to function beyond three years till the new President and Members take over. Efforts should be made to form the new Committee one month before the expiry of the term of the out going Committee.

(ii) Nine members shall be from parents/or Guardians of the students of the School in the following manner : -

(a) Among parent/guardian members, three shall be from disadvantaged groups or weaker section and one of them shall be from parents/guardians of disabled child (if any) in the school ;

(b) President and Vice President shall be selected/elected from the parents/guardians memb

R.14 Preparation of School Development Plan for the purpose of section 22

14. Preparation of School Development Plan for the purpose of section 22 :- (1) The School Management Committee shall prepare a School Development Plan atleast 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, of the number of additional teachers, including Head Teachers, Subject Teachers and Part time Teachers, separately for Classes I to V and classes VI to VIII, calculated, with reference to the norms specified in the Schedule;

(c) Physical requirement of additional infrastructure and equipments over the three year period, calculated, wi

R.15 Minimum Qualification for the purposes of section 23 (1)

15. Minimum Qualification for the purposes of section 23 (1) :- The minimum qualifications for a person to be eligible for appointment as a teacher in elementary schools shall be as notified by the National Council for Teacher Education vide no. F. No. 61-03/20/2010/NCTE (N&S) dated 23/8/2010. The provisions of all Rules/Notifications/Orders of the Government, prescribing qualifications for teachers, which are repugnant to the stipulations laid down by the National Council for Teacher Education stand superseded.

R.16 Relaxation of minimum qualification for the purposes of section 23 (2)

16. Relaxation of minimum qualification for the purposes of section 23 (2) :- (1) The Government shall estimate the teacher requirement as per the norms in the Schedule for all schools referred to in clause (n) of section 2 within the State, within three months from the date of notification of these rules.

(2) Till the State does not have adequate institutions offering courses or training in teacher education, or persons possessing minimum qualifications as laid down under sub-rule (2) of rule 15 are not available in sufficient numbers in relation to the requirement of teachers estimated under sub-rule (1), the Government shall request, within one year of the commencement of the Act, the Central Government for relaxation of the prescribed minimum qualification.

(3) On receipt of the request referred to in sub-rule (2), the Central Government shall examine the request of the Government and may relax the minimum qual

R.17 Acquiring minimum qualifications under proviso to section 23(2)

17. Acquiring minimum qualifications under proviso to section 23(2) :- (1) The Government shall provide adequate teacher education facilities to ensure that all teachers in schools referred to in sub-clauses (i) and (iii) of clause (n) of section 2, who do not possess the minimum qualifications laid down under rule 15 at the time of commencement of the Act, to acquire such minimum qualifications within a period of five years from the commencement of the Act.

(2) For a teacher, of any school referred to in sub-clause (ii) and (iv) of clause (n) of section 2, who does not possess the minimum qualifications laid down under rule 15 at the time of commencement of the Act, the management of such school shall enable such teacher to acquire such minimum qualifications within a period of five years from the commencement of the Act.

R.18 Salary and allowances and conditions of service of teachers for the purpose of section 23(3):

18. Salary and allowances and conditions of service of teachers for the purpose of section 23(3):- (1) The Government, Autonomous Council or the local authority, as the case may be, shall notify terms and conditions of service and salary and allowances of teachers in order to create a professional and permanent cadre of teachers.

(2) In particular and without prejudice to sub rule (I), the terms and conditions of service shall take into account the following, namely :-

(a) accountability of teachers to the School Management Committee constituted under ection 21;

(b) provisions enabling long term stake of teachers in the teaching profession.

(3) The scales of pay and allowances, medical facilities, pension, gratuity, provident fund, and other prescribed benefits of teachers, including those employed for the purpose of imparting special training as specified in section 4,

R.19 Duties to be performed by teachers for the purpose of clause (f) to section 24(1)

19. Duties to be performed by teachers for the purpose of clause (f) to section 24(1) :- (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 will 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.

R.20 Grievance Redressal mechanism for teachers for the purposes of section 24(3) :

20. Grievance Redressal mechanism for teachers for the purposes of section 24(3) :- (1) The School Management Committee constituted under section 21 shall be the first level of grievance redressal of teachers of schools specified therein.

(2) The District Level Board shall be the next level for redressal of such grievances.

R.21 Maintaining Pupil-Teacher Ratio in each school for the purposes of section 25 :

21. Maintaining Pupil-Teacher Ratio in each school for the purposes of section 25 :- (1) Sanctioned strength of teachers in a school shall be notified by the Government, Autonomous Council or the local authority, as the case may be, within a period of three months of the appointed date:

Provided that the Government, Autonomous Council or the local authority, as the case may be, shall, within three months of such Notification, redeploy teachers of schools having a strength in excess of the sanctioned strength prior to the Notification referred to in sub-rule (1).

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

R.22 Academic authority for the purposes of section 29

22. Academic authority for the purposes of section 29 :- (1) The State Council of Educational Research and Training shall be the academic authority for the purposes of section 29.

(2) While laying down the curriculum and evaluation procedure, the academic authority shall :-

(a) formulate the relevant and age appropriate syllabus and text books and other learning material ;

(b) develop in-service teacher training design ; and

(c) prepare guidelines for putting into practice continuous and comprehensive evaluation.

(3) The academic authority referred to in sub-rule (1) shall design and implement a process of holistic school quality assessment on a regular basis.

R.23 Award of certificate for the purposes of section 30 :

23. Award of certificate for the purposes of section 30 :- (1) The Certificate of completion of elementary education shall be issued at the school/block/district level within one month of the completion of elementary education.

(2) The Certificate referred to in sub-rule (1) shall -

(a) certify that the child has completed all courses of study prescribed under section 29 ;

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

R.24 Performance of functions by the State Commission for Protection of Child Rights, for the purposes of section 31

24. Performance of functions by the State Commission for Protection of Child Rights, for the purposes of section 31 :- (1) In performance of its functions, the State Commission for Protection of Child Rights, may also act upon matters referred to it by the State Advisory Council.

R.25 Manner of furnishing complaints before the State Commission for Protection of Child Rights

25. Manner of furnishing complaints before the State Commission for Protection of Child Rights :- (1) The State Commission for Protection of Child Rights, shall set up a child help line, accessible by SMS, telephone and letter, which would act as the forum for aggrieved child/guardian to register complaint regarding violation of rights under the Act, in a manner that records her identity but does not disclose it.

(2) All complaints to the helpline should be monitored through a transparent ‘alert and action’ online mechanism by the State Commission for Protection of Child Rights.

R.26 Constitution and Functions of the State Advisory Council for the purpose of section 34 :

26. Constitution and Functions of the State Advisory Council for the purpose of section 34 :- (1) The State Advisory Council shall consist of a Chairperson and fourteen Members.

(2) The Minister in-charge of the Department of Secondary and Elementary Education in the Government shall be the ex-officio Chairperson of the Council.

(3) Members of the Council, shall be appointed by the State Government from amongst persons having knowledge and practical experience in the field of elementary education and child development, as under :-

(a) at least four members shall be from amongst persons belonging to SCs, STs and Minorities;

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

(c) one member shall be from amongst persons having specialised knowledge i

R.27 Educational Administration :

27. Educational Administration :- (1). In order to foster a better coordination, linkage and control in the matter of academic, planning and administrative aspects in relation to achieve the goal of Right of Children to Free and Compulsory Education, the State Government shall make a thorough review on the existing management, planning and administrative mechanism right from grass root level to State level and initiate steps for its re-organisation and strengthening.

(2) The Director, Secondary Education or the Director Elementary Education, as the case may be, shall be controlling authority in respect of education of children of six to fourteen years of age within their respective jurisdiction for achieving the goal of Right of Children to Free and Compulsory Education.

R.28 Supervision and Inspection :

28. Supervision and Inspection :- (1) The Government shall make a thorough review of existing supervision and inspection mechanism and initiate steps for its strengthening so that a vibrant mechanism can be instituted for visiting the schools quarterly in a regular manner as per Government circular. The Government shall determine the ratio for the purpose.

(2) The Director shall be the apex authority for coordinating the supervision and inspection of all schools under his control.

(3) To ensure efficient functioning of schools, the Government, by a general order, shall authorize all the officers of education department to supervise and inspect schools, when they are on way to any duty. The Officer shall submit their reports to the district authority concerned for action with suggestion with a copy to the head of the institutions for follow up action.

(4) Advance information shall be given to

R.29 Power of Governor to dispense with or relax the rules :

29. Power of Governor to dispense with or relax the rules :- (1) Where the Governor is satisfied that the operation of any of the provisions of these rules causes undue hardship, it may, in any particular case, dispense with or relax the requirement of the rules to such extent and subject to such condition as it may consider necessary for dealing with the case in a just and equitable manner :

Provided that the case of any person shall not be dealt with in any manner less favorable to him / her than that is provided under these rules.

(2) If any question arises relating to the interpretation of these rules the decision of the Government in Education Department shall be final.

(3) All rules, order or notifications corresponding to any of the provisions of these rules in force immediately before commencement of these rules are hereby repealed, provided that all orders made or action taken under

R.30 Repeal and Savings :

30. Repeal and Savings :-(1) The existing Acts, Rules, Regulations, Executive Instructions etc. issued by the State Government of Assam inconsistent with these Rules shall be deemed to be void to the extent of the inconsistency.

(2) Any act of any authority, officer or body under any Act, Rule, Executive instruction after promulgation of the Act but before notification of these Rules shall be saved and he/she shall be deemed to have acted under these Rules.

Form.1 .

SELF DECLARATION CUM APPLICATION FOR GRANT OF RECOGNITION OF SCHOOL

(See sub-Rule (1) of Rule 11 of the) Right of Children to Free and Compulsory Education Rule, 2011

To

The District Elementary Education Officer

(See Rule (4))

Gram :

Phone:

E-Mail:

Fax:

OFFICE OF DISTRICT ELEMENTARY EDUCATION OFFICER

(Name of District / State)

No.

Dated:

The Manager,

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

Dear Sir/Madam,

With reference to your application 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 ___

Form.3 .

CERTIFICATE OF COMPLETION OF ELEMENTARY EDUCATION

See sub-rule (I)&(2) of Rule 23 of Assam Right of Children to Free and Compulsory Education Rules, 2011

This is to certify that Sri …………………………………………………… Village ………………………………. Post Office ……………………………………. Sub-division ……………. …………………… District ………………………. is a student of ………………………………………………………………. School and has completed elementary education in the year………………….

Head Master/Head Mistress

of ……………………………………….. School

Office Seal

Place :

Date :

Form.4 .

APPROVAL ORDER FOR CONSTITUTION OF SCHOOL MANAGEMENT COMMITTEE

(See Rule 13 (3) (v) of Assam Right of Children to

Free and Compulsory Education Rule, 2011)

No. ……………………………………….. Date : ………………………………….

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