RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION RULES, 2012
Published vide Notification No. GH/SH/4/PRE/122010/GOI-10/K, dated 18.2.2012
No. GH/SH/4/PRE/122010/GOI-10/K. - In exercise of the powers conferred by section 38 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), the Government of Gujarat hereby makes the following rules, namely:-
(1) These Rules may be called the Right of Children to Free and Compulsory Education Rules, 2012.
(2) They shall come into force from the date of their publication in the Official Gazette.
(3) They shall extend to whole of the State of Gujarat.
[(4) Subject to the provision of Arts. 29 and 30 of the Constitution of India, the provision of these rules shall apply to conferment of right on children to free and compulsory education.
(5) Nothing contained in these rules shall apply to Madrasas, Vedic Pathsalas and educational institution imparting primarily religious instruction.]
In these rules, unless the context otherwise requires, -
(a) "Act" means the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009).
(b) "Appendix" means appendix appended to these rules;
(c) "Anganwadi" means an Anganwadi Centre established under the Integrated Child Development Scheme, and shall also include Balwadi, Balmandir and similar establishments imparting pre primary education.
(d) "appointed date" means the date on which the Act comes into force, as notified in the Official Gazette -
(e) "Chapter", means the Chapter of the Act;
(f) "Competent Authority" shall mean-
(i) the District Primary Education Officer in case of schools situated within the area of concerned District Panchayat and the area comprised of the Municipal Corporation & Municipality where die District Panchayat is entrust
No Elementary School Shall Normally Admit A Child Who Has Not Completed 6th Year Of Age On The Date Of Admission. However If A Child Is Desirous To Be Admitted On Completion Of 5 Years Of Age He Shall Be Admitted, Provided He Has Completed 5 Years Of Age As On 1 St June Of That Year.
(2) Documents as age proof. - Wherever a birth certificate under die 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) Hospital / Auxiliary Nurse and Midwife (ANM) register record
(b) Anganwadi record
(c) Declaration through an affidavit of the age of the child by the parent or guardian.
(3) Extended period for admission. - (i) Extended period of admission shall be six months from the date of commencement of the academic year of a
(1) The School Management Committee/ local authority 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 on the premises of the school, or through classes organised in safe 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.
(2) The child shall, upon induction into the age appropriate class, after special training, continue to receive special attention by the teacher to enable him/her
(1) A district primary education committee constituted under sub-section (1) of section 3 of the Bombay Primary Education Act, 1947 and the Gujarat Panchayats Act, 1993 and Municipal School Board Constituted under sub-section (2) of section 3 of the Bombay Primary Education Act, 1947, with the previous sanction of the Director or an officer authorized by him in this behalf, shall, wherever necessary, open a new elementary school or take over a private school or incur additional expenditure on Elementary School maintained by it.
(2) The areas or limits of neighbourhood within which a school has to be established by the State Government 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
(1) The following categories of Children studying in schools as mentioned below shall be entitled for free education, free text books in pursuance of clause (a),(b) or (c) of sub section (1) of section 12 as the case may be, namely:-
(i) All students in a school established, owned or controlled by the State Government or local authority.
(ii) Such proportion of children admitted therein as it's annual recurring aid or grant so received bears to it's annual recurring expenses, subject to minimum 25%, in an aided school receiving aid or grants to meet whole or part of its expenses from the State Government or the local authority.
(iii) All students admitted by a totally unaided school in compliance of clause (c) of sub-section (1) of section 12, by a school specified in sub-clause (iii) and (iv) of clause (n) of section 2 of the Act.
Explanation. - In respect of the child admitted i
(1) The Local Authority shall maintain a record of all children, in its jurisdiction, in such form as prescribed by the Director through a household survey, from their birth till they attain 14 years of age.
(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, and preferably in electronic form and put 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, namely:-
(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 child attends (upto age 6 years);
(d) elementary school where the child is adm
(1) No pre-school shall admit a child who has not completed 3 years of age as on 1st June of the-year. The extended period of admission shall be six months from the date of commencement of the academic year of the school.
(2) No school shall take donations for admission, or shall take interview of parents and I or take test of the children.
(1) The state government shall identify an appropriate authority with experience in pre-school education and research for preparing the curriculum, evaluation procedure, and qualification for pre-school teachers.
(2) The appropriate authority shall be responsible to prescribe the curriculum and assessment procedure for preschool children in consultation with experts in the field of early childhood development.
(3) The appropriate authority shall also prepare or get prepared prototype of learning materials for preschool education in consultation with experts.
(4) While laying down the Curriculum and Assessment guidelines for Preschool children, the appropriate authority may take into consideration the following:
(a) Assessment of all areas of Development i.e. Physical-Motor, Social-Emotional, Language, Cognitive, Moral as well as Creative and specific school readiness skills.
(1) The appropriate authority shall set up mechanism for periodic training and regular assessment of performance of pre-school centers.
(2) The appropriate authority should prescribe a curriculum for pre-service as well as in-service training of preschool training institutions.
[(1) The Children from weaker sections and disadvantages groups shall be children with disability or children of those families who belong to Schedule caste, Schedule tribes and the other backward classes for which the recognition of such special status by the State Government by means of a certificate of any appropriate authority shall be sufficient. The Children belonging to economically weaker sections shall be those whose families are listed in the Below Poverty Line (BPL) lists at that particular time.]
[(1A) The admission of the children belonging to weaker sections and disadvantages groups referred to in sub-rule (1) shall be given in the following preference, namely:-
(1) Orphan Child.
(2) Child in Need or Care and Protection.
(3) Children of Child care Institution.
(4) Child Labour/Children of migrating Labourers.
(5) Mentally C
Any complaint received in contravention of sub-section (1) of section 13 of the Act, the Director or such officers as authorized by him shall make necessary inquiry and if there is substance in the complaint, he shall issue a notice to the concerned school management. After giving an opportunity to the school management to make written and oral representation, he shall pass an appropriate order within 60 days, in accordance with the provisions of sub section (2) of section 13 of the Act.
(1) Every existing school, other than a school established, owned or controlled by the State Government or Local Authority, established before the commencement of this Act shall make a self declaration within a period of three months from the commencement of these Rules and every new school shall make an application before the 1st January of the year in which next academic session commences, in Form No.1 to the Competent Authority regarding its compliance or otherwise with the norms and standards prescribed in the Schedule, and other conditions as follows:
(a) the school is run by a society registered under the Societies Registration Act, 1860 (21 of 1860), or as a- public trust established, or under any law for the time being in force or any Company registered under Section 25 of the Companies Act, 1956 (I of 1956).
(b) the school conforms to the values enshrined in the Constitution of India.
(c) Ever
(1) Where the Competent Authority on his own motion or on any representation received from any person, has reason to believe, to be recorded in writing. That a school recognized under rule 13, has violated any of the conditions for grant of recognition or has failed to fulfill the norms and standards prescribed in the Schedule of the Act, he shall,-
(a) issue a notice to the school specifying the conditions of grant of recognition which have been violated and seeks its explanation within one month;
(b) considers the explanation submitted by the school and if it is not found to be satisfactory or no explanation is received within the stipulated time period, he may cause an inspection of the school, to be conducted by a Committee consisting of note exceeding five members comprising educationists, representatives of civil society, media, and government representatives, which shall make inquiry and submit its Report, along with
(1) In case, where existing recognized schools are not able to fulfill norms regarding infrastructure due to physical limitations, relaxation may have to be given to such schools to protect the education rights of children. Such relaxation may be given only to those schools who achieve a certain level of learning out-comes, as specified m Appendix-I. The Director shall have the powers to allow relaxation of the norms and standards of Primary Education. In a situation where a school is not able to meet the minimum norms specified in the Act and the rules in the time limit given for the purpose, the Government may take over the school or handover the running of the school to another management.
(2) The Self Declaration-cum-application for grant of recognition of schools shall be as specified in Appendix-II
[(3) Schools applying for fresh recognition which do not conform to the norms and standard as specified in these rules sh
(1) Every School other than an unaided school shall constitute a School Management Committee (hereinafter called "the Committee"), within a period of six months from the appointed date, and the Committee shall be required to be reconstituted every two years. The Committee shall consist of twelve members, of which 50% shall be women.
(2) Seventy five per cent of the member of the Committee shall be from amongst parents or guardians of children. The School shall give proportionate representation in the said Committee to the parents or guardians of children belonging to disadvantaged group and weaker section.
(3) The remaining twenty five per cent member of the Committee shall be from amongst the following persons, namely:-
(a) one third members shall be from amongst the elected members of the local authority, as may be nominated by the local authority or in case of grant in aid schools, from the manageme
(1) The [School Management Committee except the School Management Committee in respect of a School established and administered by minority, whether based on religion or language and an aided school as defined by sub-clause (ii) of clause (n) of Section 2 of the Act] shall prepare a School Development Plan at least three months before the end of the financial year in which it is first constituted under the Act.
(2) The School Development Plan shall be for 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 VII, calculated, with reference to the norms specified in th
(1) The State 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 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 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.
(1) The State Government shall notify terms and conditions of service and salary and allowances of teachers and Vidyasahayaks of schools established owned or controlled by the State Government or local authority in order to create a professional and permanent cadre of teachers.
(2) In particular and without prejudice to sub rule (1), the following terms and conditions of service shall be taken into account, namely:-
(a) Accountability of teachers to the School Management Committee constituted under section 21.
(b) Provisions enabling long term stake of teachers and Vidyasahayaks in the teaching profession.
(1) In performance of the functions specified in sub-section (1) of section 24 and in order to fulfill the requirements of clause (h) of sub-section (2) of section 29, the teacher shall maintain a file containing the pupil cumulative record for every child which shall be the basis for the 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.
(1) Attendance. - Every school shall maintain an attendance register for every class, in which daily attendance of student shall be marked. If a student remains absent for more than 10 days in a month, without prior permission, the school shall send a latter to the parents and the school management committee, who shall make all efforts to ascertain the reasons for such absence, and make all efforts for such student to attend the school regularly. School shall also be encouraged to introduce a system of student marking their own attendance. The Director shall encourage use of information technology for marking the attendance of the students.
2. Time Table. - Every school will maintain a Time Table indicating periods to be taken for each subject It shall provide adequate periods for excursion, sports and aesthetic art and other co curricular activities.
3. Register, records and correspondence. - (a) The following registers an
(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 State Government shall constitute Tribunals,-
(i) at the State Level to settle and decide the disputes between the school management of the schools referred to in sub clause (iv) of clause (n) of section 2 and the Government, and
(ii) At District or regional level to settle and decide the disputes between school managements and the staff of the schools referred to in sub clause (iv) of clause (n) of Section 2.
(1) The Gujarat Council of Educational Research and Training (hereinafter referred to as ''GCERT") shall be the academic authority to prescribe the curriculum and evaluation procedures. The Government may also set up and authorize other specialist agencies to undertake children assessment and school ranking.
(2) The GCERT shall define the learning outcomes to be achieved by the children at the end of each grade and for every subject and approve State textbooks or learning materials and teacher training materials based on these outcomes.
(3) The GCERT shall also arrange to approve the text book or learning material prepared by private publishers or PPP partners, if those are found to conform to the curriculum and learning outcome norms finalized by GCERT.
(4) The guidelines for the continuous and comprehensive assessment shall be issued by GCERT, from time to time. Every school shall carryout comprehens
The GCERT, while laying down the curriculum and the evaluation procedure under sub-section (1) of section 29, shall take into consideration the following: -
(a) Assessment of the values mentioned in the Constitution.
(b) Assessment of
(i) Language skill, Numeral skill, Self confidence.
(ii) Social and moral values.
(iii) Good Habits.
(c) To assess the knowledge, competences and mental abilities of the student.
(d) To assess the development of physical and mental abilities to the fullest extent.
(e) Evaluation shall be free from fear, trauma and anxiety
(f) Comprehensive and continuous evaluation understanding of knowledge and ability to apply the same, curricular and extra-curricular activities.
(g) The result of various evaluations, shall be used to
The GCERT shall set up mechanisms for periodic training and regular assessment of the performance of CRCs and BRCs.
The GCERT shall arrange for periodic-external evaluation of the in-service teacher training programmes, and shall use input from such evaluation studies to update these programmes.
(1) The Government shall also set up an independent organization or wing, to undertake periodic assessments of the quality of education and produce a report about the "School Education Quality Status" in School of Gujarat State.
(2) The Government shall make arrangement to periodically grade every elementary school in the state on a point scale on a set of quality parameters, including co- and extra-curricular activities, and improvements shown over years.
The Government shall set up a mechanism to regularly monitor the quality of pre-service teacher training, and ensure closing down of such teacher training institutions which do not conform to norms and standards prescribed by NCTE.
The Government shall evolve mechanism to ensure minimum standards of pre-service teacher education, and may introduce a common eligibility test for teacher recruitment.
(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 certify that the child has completed all courses of study prescribed under section 29 and 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, dance, literature, sports, etc.
(1) There shall be Right to Education Protection Authority (hereinafter referred to as "REPA") in the State, which shall perform the same functions as the State Commission for Protection of Child Rights (hereinafter referred to as "SCPCR"), till such commission is formed.
(2) The REPA shall consist of the following persons, namely :-
(a) A chairperson who is a person of high academic repute or has been a High Court Judge or has done outstanding work for promoting the rights of children; and
(b) Two Members, of whom at least one shall be a woman, from amongst persons of eminence, ability, integrity, standing, and experience in the following field of, -
(i) education;
(ii) child health care and child development;
(iii) juvenile justice or care of neglected or marginalized children or children with disabilities;
(iv) e
(1) The SCPCR, or the REPA, as the case may be, shall set up a child help line, accessible by SMS, telephone and letter, which shall 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 shall be monitored through a transparent alert and action online mechanism by the SCPCR, or the REPA, as the case may be.
(1) The State Advisory Council (hereinafter referred to as "the Council") shall consist of a Chairperson and not more than fourteen Members.
(2) The Minister in-charge of the Department of Primary Education in the State Government shall be the ex-officio Chairperson of the Council.
(3) The Secretary in charge of Primary Education, Secretary Finance, Secretary Tribal Development, Secretary Social Justice and Empowerment, State Project Director and Director of GCERT shall be ex-officio members.
(4) The Members of the Council, shall be appointed by the Government from amongst the 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
(See rule 15)
Norms for Learning Outcomes. - The vision of the RTE is ensure quality to education to all children. If schools have the minimum infrastructural and teacher resources but students are not learning well (a problem observed today in many parts of the system as reflected by Gunotsav, NCERT, ASER, El and other studies), the vision of the RTE shall not be achieved.
It is therefore important that Learning Outcome norms also be met by schools. For existing schools attainment of learning outcomes shall be seen as the key goal, with infrastructure as a necessary7 but not sufficient condition.-In situations where infrastructure norms cannot be met for any reason (eg. in a very crowded city area or due to where trained teachers are not available), focus on learning outcomes shall help ensure that student learn
(See sub rule - (1) of rule- 13)
Form 1
Self Declaration Cum Application from for Grant Recognition of School
To
The District Education Officer/The District Primary Education Officer (Name of District & State)
Sir,
I forward herewith with a self declaration for existing school regarding compliance with the norms and standards prescribed in the Schedule of the Right of Children to Free and Compulsory Education Act, 2009 / an application in the prescribed proforma for the grant of recognition to.............................( Name of the school)............................................................. with effect from the commencement of the school year 201.............
Yours faithfully
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