RTE ACT 2009 AND RTE RULES 2012

 મફત અને ફરજીયાત શિક્ષણનો અધિકાર અધિનિયમ - 2009

અને 

મફત અને ફરજીયાત શિક્ષણનો અધિકાર નિયમો - 2012

THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009

__________________ ARRANGEMENT OF SECTIONS __________________ 

CHAPTER I PRELIMINARY 

SECTIONS 1. Short title, extent and commencement. 

2. Definitions. 

CHAPTER II RIGHT TO FREE AND COMPULSORY EDUCATION 

3. Right of child to free and compulsory education. 

4. Special provisions for children not admitted to, or who have not completed, elementary education. 

5. Right of transfer to other school.

CHAPTER III DUTIES OF APPROPRIATE GOVERNMENT, LOCAL AUTHORITY AND PARENTS 

6. Duty of appropriate Government and local authority to establish school. 

7. Sharing of financial and other responsibilities. 

8. Duties of appropriate Government. 

9. Duties of local authority. 

10. Duty of parents and guardian. 

11. Appropriate Government to provide for pre-school education.

CHAPTER IV RESPONSIBILITIES OF SCHOOLS AND TEACHERS 

12. Extent of school’s responsibility for free and compulsory education. 

13. No capitation fee and screening procedure for admission. 

14. Proof of age for admission. 

15. No denial of admission. 

16. Prohibition of holding back and expulsion.

17. Prohibition of physical punishment and mental harassment to child. 

18. No school to be established without obtaining certificate of recognition. 

19. Norms and standards for school.

 20. Power to amend Schedule. 

21. School Management Committee. 

22. School Development Plan. 

23. Qualifications for appointment and terms and conditions of service of teachers.

SECTIONS 

24. Duties of teachers and redressal of grievances. 

25. Pupil-Teacher Ratio. 

26. Filling up vacancies of teachers. 

27. Prohibition of deployment of teachers for non-educational purposes. 

28. Prohibition of private tuition by teacher. 

CHAPTER V CURRICULUM AND COMPLETION OF ELEMENTARY EDUCATION 

29. Curriculum and evaluation procedure. 

30. Examination and completion certificate. 

CHAPTER VI PROTECTION OF RIGHT OF CHILDREN 

31. Monitoring of child’s right to education. 

32. Redressal of grievances. 

33. Constitution of National Advisory Council. 

34. Constitution of State Advisory Council.

CHAPTER VII MISCELLANEOUS 

35. Power to issue directions. 

36. Previous sanction for prosecution. 

37. Protection of action taken in good faith. 

38. Power of appropriate Government to make rules. 

39. Power of Central Government to remove difficulties.

MODEL RULES UNDER THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009 

PART I - PRELIMINARY Short title, extent and commencement 1 

(1) These Rules may be called the Right of Children to Free and Compulsory Education Rules, 2009. 

(2) They shall come into force from (Date) 

(3) They shall extend to the whole of (Name of State) Definitions 2 (1) In these rules, unless the context otherwise requires, - (a) “Act” means the Right of Children to Free and Compulsory Education Act, 2009. (b) “Anganwadi” means an Anganwadi Centre established under the Integrated Child Development Scheme of the Ministry of Women and Child Development of the Government of India (c) “appointed date” means the date on which the Act comes into force, as notified in the Official Gazette (d) “Chapter”, “section” and Schedule” means respectively Chapter, section of, and Schedule to, the Act. (e) “Child” means any child of the age of 6 to 14 years (f) “Pupil Cumulative Record” means record of the progress of the child based on comprehensive and continuous evaluation (g) “school mapping” means planning school location to overcome social barriers and geographical distance 

(2) All references to “forms” in these Rules shall be construed as references to forms set out in Appendix I hereto. 

(3) All other words and expressions used herein and not defined but defined in the Act shall have the same meanings respectively assigned to them in the Act.

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

(3) In areas with difficult terrain, risk of landslides, floods, lack of roads and in general, danger for young children in the approach from their homes to the school, the State Government/Local Authority shall locate the school in such a manner as to avoid such dangers, by reducing the limits specified under sub-rule (1).

(4) For children from small hamlets, as identified by the State Government/Local Authority, where no school exists within the area or limits of neighbourhood specified under sub-Rule (1) above, the State Government/Local Authority shall make adequate arrangements, such as free transportation, residential facilities and other facilities, for providing elementary education in a school, in relaxation of the limits specified under subRule (1). 

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

(1) The school referred to in 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. 

 (2) The school referred to in 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 neighborhood specified in Rule 4 (1) shall apply to admissions made in pursuance of clause (c) to section 12 (1). Provided that the school may, for the purposes of filling up the requisite percentage of seats for children referred to in clause (c) to section 12 (1), extend these limits with the prior approval of the State Government. 

(2) Every self declaration received in Form 1 shall be placed by the District Education Officer in public domain within fifteen days of its receipt.

(3) The District Education Officer shall conduct on-site inspection of such schools which claim in Form No. 1 to fulfill the norms and standards and the conditions mentioned in subRule (1) within three months of the receipt of the self declaration.

(4) After the inspection referred to in sub-Rule (3) is carried out, the inspection report shall be placed by the District Education Officer in public domain and schools found to be conforming to the norms, standards and the conditions shall be granted recognition by the District Education Officer in Form No. 2 within a period of 15 days from the date of inspection.

(5) Schools that do not conform to the norms, standards and conditions mentioned in sub rule (1) shall be listed by the District Education Officer through a public order to this effect, and any time within the next two and a half years, such schools may request the District Education Officer for an on-site inspection for grant of recognition.

(6) Schools which do not conform to the norms, standards and conditions mentioned in sub rule (1) after three years from the commencement of the Act, shall cease to function

(7) Every school, other than a school established, owned or controlled by the State Government or local authority established after the commencement of this Act shall conform to the norms and standards and conditions mentioned in sub-Rule (1) in order to qualify for recognition.

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