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Jharkhand Right of Children to Free and Compulsory Education Rules, 2011


Jharkhand Right of Children to Free and Compulsory Education Rules, 2011

Published vide Notification Number code/2010, dated 11.05.2011

jhr273

Number code/2010. - In exercise of the powers conferred by the proviso of article 309 of the constitution of India under Section 38 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), the Governor of Jharkhand hereby makes the following Rules -

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

(2) These Rules extend to the whole State of Jharkhand.

(3) They shall be deemed to have come into force with effect from the date of publication of notification in the gazette.

Part-I

Preliminary

  1. Definitions.- (1) 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) "Rules" means the Jharkhand Right of Children to Free and Compulsory Education Rules, 2011;

(c) "Anganwadi" means an Anganwadi Centre established under the Integrated Child Development Scheme of the Ministry of Women and Child Development by the Government of India and the State Government;

(d) "Appointed date" means the date on which the Act comes into force;

(e) "State Government" means the Jharkhand Government;

(f) "District Education Superintendent" means the officer notified by the State Government as in charge of elementary education in any district of Jharkhand State;

(g) "Children" means all children in the age group of 6 to 14 years;

(h) "Pupil-Teacher Record" means record of the progress of the child based on comprehensive and continuous evaluation;

(i) "School Planning" means planning school location to overcome social barriers and geographical distance for the purpose of section 6 of the Act;

(j) "Department" means Human Resource Development Department of Jharkhand Government;

(2) All references to "Forms" in these rules shall be construed as form(s) set out in Appendix of these rules.

(3) All other words not defined in these rules but defined in the Act shall have the same meanings respectively assigned to them in the Act.

Part-2

School Management Committee

  1. Composition and Functions of the School Management Committee.- (1) A School Management Committee (hereafter in these rules referred to as the said committee) shall be constituted in every school, other than an unaided school, within six months of the coming into force of these rules and its tenure shall be 3 years. After completion of the period of three years the committee shall be reconstituted.

(2) Number of members in the said committee shall be 16 out of which 75 percent or12 members shall be from amongst parents or guardians of the children getting education in the respective schools.

(3) The remaining 25 percent of the members or 4 members of the committee shall be as under -

(a) One member of the committee shall be an elected representative of the local authority;

(b) One member of the committee shall be a teacher of the school to be decided by the teachers of school;

(c) One member of the committee shall be a representative of the Bal Sansad of the school;

(d) The Headmaster/Head teacher/senior most teacher of the school.

(4) The said committee shall elect a chairperson and a vice chairperson from amongst parents members. The Headmaster/Head Teacher/senior most teacher shall be ex-officio member convener of the School Management Committee.

(5) The said Committee shall meet at least once in a month. The minutes of the meetings shall be properly recorded by the member convener of the said committee. The record of the minutes shall be made available to the public.

(6) The said Committee shall, in addition to the functions specified in the Act, perform the following functions -

(a) Communicate in simple ways to the population in the neighbourhood of the school, the rights of the child and the duties of the Central Government, the State Government, Local Authority, school, parents and guardian as enunciated in the Act;

(b) Ensure the implementation of clauses (a) and (e) of section 24 and section 28 of the Act;

(c) Monitor and ensure necessary actions so that teachers are not burdened with non-academic duties;

(d) Ensure the enrolment and continued attendance of all the children from the neighbourhood in the school;

(e) Monitor the maintenance of the norms and standards in the school in conformity with the provisions of the Act;

(f) The committee shall bring to the notice of the local authority any deviation from the rights of the child;

(g) Identify the needs, prepare a plan, and monitor the implementation of the provisions of section 4 of the Act;

(h) Monitor the identification and enrolment of, and facilities for education of children with disabilities and ensure their completion of elementary education;

(i) Ensure the proper implementation of mid-day meal in the school and monitor all aspects of the scheme;

(j) Prepare an annual account of receipts and expenditure of the school.

(7) Every said committee shall have a bank account and any money received by the committee shall be credited to its bank account which shall be audited annually.

(8) The accounts related to the school shall be signed by the Chairperson, Vice Chairperson and Convener of the said Committee and made available to the local authority within one month of their preparation.

  1. Preparation of School Development Plan.- (1) The School Management Committee shall prepare a School Development Plan at least three months before the end of the financial year in which it has been first constituted under the Act.

(2) The School Development Plan shall be a three year plan comprising of 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 of the number of additional teachers, including the Headmaster, subject teachers and part time teachers separately for classes 1 to 5 and classes 6 to 8 according to the Act and the Rules;

(c) Requirement of additional infrastructure according to the Act and the Rules;

(d) Any additional requirement for fulfilling the responsibilities of school under the Act;

(e) Financial requirement of the school in respect of above mentioned.

(4) The School Development Plan shall be signed by the Chairperson, Vice Chairperson and convener of the School Management Committee and submitted to the Local Authority before the end of the financial year in which it is prepared.

Part-3

Free and Compulsory Education to Children

  1. Special Training.- (1) The School Management Committee of every school shall identify children requiring special training and organise such training in the following manner -

(a) Special training shall be according to section 29 of the Act;

(b) The said training shall be provided in classes held in the premises of the school or in classes organised in safe residential facilities;

(c) The said training shall be provided by teachers working in the school, or by teachers specially appointed for the purpose;

(d) The duration of the said training shall be for a minimum period of three months which may be extended, based on special circumstances, for a period of two years.

(2) The child shall continue to receive special attention even after admission to the school to enable him/her to successfully integrate with the rest of the class.

Part-4

Duties and Responsibilities of the State Government and Local Authority

  1. Areas or limits of neighbourhood.- (1) The limits of neighbourhood within which a school has to be established for providing free and compulsory elementary education shall be as under -

(a) Within a walking distance of one kilometer for children in classes 1 to 5;

(b) Within a walking distance of two kilometers for children in classes 6 to 8.

(2) In places with difficult terrain, risk of floods, difficulty of travelling or in case of road to school being unsafe, the school shall be established by relaxing the limit of distance.

(3) Wherever required, the District Elementary Education committee shall upgrade existing Schools with classes 1 to 5 to include classes 6 to 8 and schools with classes 1 to 7 to include class 8 and in respect of Schools which start from class VI onwards, the District Elementary Education committee may add classes from 1 to 5.

(4) Wherever required, more than one school may be established for feeder area having high population density.

(5) The Local Authority shall identify the neighbourhood school (s) where children can be admitted and make such information public for each habitation.

(6) In respect of children with disabilities, the Government or the Local Authority as the case may be shall make appropriate arrangements to enable them to attend school and complete elementary education.

(7) The State Government or the Local Authority shall ensure that access of children to the school is not hindered on account of social and cultural factors.

  1. Responsibility of the State Government and the Local Authority.- (1) A child attending a school referred to in the sections of the Act shall be entitled to free education according to the provision of sub-section (2) of section 3 of the Act; Provided that a child with disabilities shall also be entitled to free special education and support material.

(2) For the purpose of determining requirement and for establishing neighbourhood schools, the State Government or the Local authority shall undertake school mapping and identify all children, including children in remote areas, children with disabilities, children belonging to disadvantaged group, children belonging to economically weaker sections and children referred to in section 4, within a period of one year from the specified date, and every year thereafter.

(3) The State Government or Local authority shall ensure that no child is subjected to caste, class, religious or gender abuse in the school.

  1. Maintenance of records of children by the Local Authority.- (1) The Local Authority shall maintain a record of all children, in its jurisdiction through a household survey, from their birth till they attain the age of 14 years and the record shall be updated annually.

(2) The record referred to in sub rule (1) shall be maintained transparently in the public domain and used for the works specified in the Act.

(3) The record shall in respect of every child, include the following details -

(a) name, sex, date of birth, place of birth;

(b) parents or guardian names, address, occupation;

(c) name of pre-primary school/anganwadi centre that the child attended (till the age of six years);

(d) primary school where the child is admitted or to be admitted;

(e) present address of the child

(f) class in which child is studying (for children between 6-14 years old) and if education is discontinued in the territorial jurisdiction of the Local Authority, the cause of such discontinuance;

(g) whether the child belongs to weaker section;

(h) whether the child belongs to disadvantaged group;

(i) whether the child is entitled to special facilities or residential facilities on account of (a) migration and sparse population; (b) age appropriate admission; and (c) disability.

(4) The Local Authority shall ensure that the names of all children enrolled in the schools are transparently maintained in each school.

Part-5

Responsibilities of Schools and Teachers

  1. Admission of children belonging to weaker section and disadvantaged group.- (1) The school referred to in the Act shall ensure that children admitted in accordance with clause (c) of sub-section (1) of section 12 shall not be segregated from 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 shall ensure that children admitted in accordance with clause (c) of sub-section (1) of section 12 shall not be discriminated from the rest of the children in any manner pertaining to entitlements and facilities such as text books, uniforms, library.

  1. Documents as age proof.- Wherever a birth certificate issued under the Registration of Births, Deaths and marriages Act, 1886 (6 of 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 or Auxiliary Nurse and Midwife (ANM) register record;

(b) anganwadi record;

(c) declaration of the age of the child by the parent or guardian

  1. Extended period for admission.- (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 Master of the School.

(3) The school shall not disallow the admission of the children migrated from other school within an academic year and this shall not be deemed as admission after extended period.

(4) A child shall neither expelled from a school nor shall he be stopped in a class and in case of any violation appropriate action shall be taken against related school/teacher.

(5) The child shall not be given corporal punishment in the school neither shall he be subjected to mental torture. In case of any violation action may be taken against school/teacher by the department according to determined procedure.

  1. Recognition of schools.- (1) Every category of schools established before the commencement of the Act shall make a self declaration within a period of three months from the notified date in Form 1 to the concerned District Education Superintendent regarding its compliance or otherwise with the norms and standards specified in the Schedule of the Act and fulfillment of the following conditions namely -

(a) That the school is run by the State Government or 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) That the school is not run for profit to any individual, group or association of persons;

(c) That the school conforms to the values enshrined in the constitution;

(d) That the school building or other structures or the grounds are used only for the purposes of education and skill development;

(e) That the school is open to inspection by any Officer authorized by the State Government or Local Authority;

(f) That the school shall furnish such reports and information as may be required and comply with such instructions of the State Government or Local Authority as may be issued to secure the continued fulfillment of the condition of recognition.

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

(3) The District Education Superintendent shall conduct on-site inspection of such schools about their compliance of Norms, Standards and Conditions mentioned in sub-rule (1) within a period of three months after receiving their self-declaration in Form - 1.

(4) After the inspection referred to in sub-rule (3) is carried out, the inspection report shall be placed by the District Education Superintendent in public domain and schools found to be conforming to the norms, standards and the conditions shall be granted recognition by the District Education Superintendent in Form - 2, within a period of 15 days from the date of inspection.

(5) The list of schools which do not conform to the norms, standards and conditions mentioned in sub-rule (1) shall be prepared by the District Education Superintendent. Such schools may request the District Education Superintendent for an on-site inspection for grant of recognition anytime within the next two and half years. Provided that this period shall not be more than three years from the commencement of the Act.

(6) Schools, which do not confirm to the norms, standards and conditions mentioned in sub-rule (1) within a period of three years from the commencement of the Act, shall cease to function.

(7) Every school established after the commencement of these Act shall have to conform to the norms, standards and conditions mentioned in the schedule of the Act in order to qualify for recognition under these rules.

(8) The District Education Superintendent shall issue order regarding recognition of any school only after getting approval of the State Government.

  1. Withdrawal of recognition to school.- (1) Where the District Education Superintendent on his own motion or on any representation received from any person, has reason to believe that a school recognized under rule 12, has violated one or more of the conditions for grant of recognition or has failed to fulfill the norms and standards specified in the Schedule, the District Education Superintendent 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 said officer shall conduct an inspection of the school, to be conducted by a committee of three members comprising of academician, representative of civil society and Government representative. The committee shall make due enquiry of the school and submit its report, along with its recommendations for continuation of recognition or its withdrawal, to the District Education Superintendent;

(c) The District Education Superintendent may pass an order for withdrawal of recognition on receipt of report and recommendations of the committee; provided that any order of withdrawal of recognition by the District Education Superintendent shall not be passed without giving the school adequate opportunity of being heard and that any such order by the District Education Superintendent shall not be passed without approval of the State Government.

(2) The order of de-recognition issued by the District Education Superintendent shall be operative from the immediately succeeding academic year and shall specify the neighborhood school to which the children of the de-recognized school shall be admitted.

Part-6

Teachers

  1. Minimum qualifications.- (1) The minimum qualifications laid down by the authority notified by the Central Government shall be applicable for all categories of schools for appointment of teachers.
  2. Achieving minimum qualifications.- (1) The State Government shall ensure to provide teacher training facilities for all the teachers of the government schools, who are not trained on the specified date, provided that no untrained teachers shall be appointed after the specified date.

(2) All aided, unaided and special category schools shall ensure that no teacher working in those schools shall remain untrained within five years of the enforcement of the Act.

  1. Duties to be performed by teachers.- (1) The teachers shall maintain continuous and comprehensive evaluation based record for every child, which shall form the basis for award of the completion certificate of elementary education.

(2) With the duties referred to in clause (a) to (e) of sub-section (1) of section 24 of the Act, the following works shall be performed by teachers -

(a) To participate in training program;

(b) To participate in the development of Curriculum, syllabus, textbooks and training modules.

Part-7

Curriculum and Completion of Elementary Education

  1. Academic authority.- (1) The Jharkhand State Council of Educational Research and Training shall be the academic authority of the State Government under section 29 of the Act.

(2) The State Council of Educational Research and Training shall perform the following responsibilities -

(a) To formulate relevant textbooks and other learning materials;

(b) To develop `in-service training' design

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

(d) To prepare guidelines for evaluation of the overall quality of school.

  1. Award of certificate.- (1) Certificate of completion of elementary education shall be awarded by the Headmaster/Head teacher of the school at school level within one month from completion of elementary education by the children.

(2) The certificate referred to in sub- rule (1) shall contain the entries on the basis of pupil related record of the child.

Part-8

Protection of Rights of Children

  1. Performance of functions by the State Commission for Protection of Child Rights.- (1) If the State Commission for Protection of Child Rights does not exist in the state, the action for the constitution of the State Commission for Protection of Child Rights shall be taken by the State Government.

(2) Till such time as the State Government sets up the State Commission for Protection of Child Rights, it shall constitute an interim authority known as the Right to Education Protection Authority (hereafter in these rules referred to as REPA) for the purpose of performance of functions specified in sub-section (1) of sction 31 of the Act.

(3) The Right to Education Protection Authority (REPA) shall consist of the following 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 one shall be a woman, from the following areas, from amongst persons of eminence, ability, integrity standing and experience in-

(1) Education and education administration;

(2) Child health care and child development;

(3) Child protection and justice or development of neglected children or children of backward classes or children with disability;

(4) Elimination of child labour or working with children in distress;

(5) Child psychology or sociology;

(6) Legal profession.

(4) The National Commission for Protection of child Rights Rules, 2006 shall, mutatis mutandis, apply to the chairperson and other members of the Right to Education Protection Authority (REPA).

(5) All records and assets of the Right to Education Protection Authority (REPA) shall be transferred to the State Commission for Protection of Child Rights immediately after its constitution.

(6) In performance of its functions, the State Commission for Protection of Child Rights or Right to Education protection Authority (REPA), as the case may be, may also act upon matters referred to it by the State Advisory Council.

(7) The State Government shall provide resource and support to the State Commission for Protection of Child Rights or Right to Education protection Authority (REPA), as the case may be, in performance of their functioning under this Act.

  1. Manner of furnishing complaints before the State Commission for Protection of Child Rights.- (1) The State Commission for Protection of Child Rights or REPA, as the case may be, shall set up Child Help Line which would register complaint regarding violation of child rights under the Act, which would be monitored by it through a transparent mechanism.

(2) The State Government shall set up a District Education Appellate by a notification for disposal of case related to violation of the right to education.

(3) Local Authority and School Management Committee shall issue direction to school in consistence with the rule for protection of right to education on Panchayat and school level, respectively.

(4) In case of school not taking admission due to unavailability of proof of age or migration certificate, parents or guardian of concerned child may register complaint in written form to the School Management Committee and the School Management Committee shall ensure admission of Child by immediately dispose of such complaint.

(5) On unavailability of the facilities in school according to the provision of these rules, affected person may submit application to the Local Authority. The Local Authority after investigating the facts shall send its report to the District Education Superintendent. The District Elementary Education Committee shall in these cases take decision according to rules and send its report to the State Government.

(6) Complaints regarding unavailability of free text-books, writing materials or uniforms to be provided by the government may be registered with the School Management Committee. In case of School Management Committee not taking action, parents or guardian of concerned child may appeal to the Local Authority.

(7) Complaints of any discrimination with child by school/teacher may be registered primarily with the School Management Committee. In case of the Management Committee not taking any action, first appeal may be made with the Local Authority and second appeal may be made with the District Education appellate.

(8) Complaints regarding unlawful deputation or tuition/coaching activities of teacher may be made with the Local Authority. Appeal against inaction of local authority or their decision may be filed with the District Education Appellate.

(9) Complaints of not getting certificate of completion of elementary education may be filed with the School Management Committee. If School Management Committee does not take action, appeal may be filed with the Local Authority.

  1. Constitution of the State Advisory Council.- (1) The State Advisory Council (hereafter in these rules referred to as Council) shall consist of a chairperson and 14 members.

(2) The minister in charge of elementary education in the State Government shall be the member 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 primary education and child development as under -

(a) At least three members shall be from amongst persons belonging to the Scheduled Castes, the Scheduled Tribes and the 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) Two members shall be from amongst persons having specialized knowledge in the field of administration of elementary education;

(d) At least one member shall be from amongst persons having specialized knowledge and practical experience in the field of teaching or education;

(e) The following shall be ex-officio members of the council:-

(1) Secretary in charge/chief secretary of elementary education;

(2) Director, primary education;

(3) Chairperson, State Commission for Protection of Child Rights/chairperson, REPA;

(4) Director, Jharkhand State Council of Educational Research and Training;

(5) Director, State Education Project;

(6) Director, Secondary Education.

(f) One third of all members shall be women.

(g) Director, Primary Education shall be ex-officio member secretary of the council.

(4) The Council may especially invite representatives of other related Ministries/Department as required.

Part-9

Miscellaneous

  1. Miscellaneous.- (1) The school that has been provided land by the government on lease/sub-lease or free/subsidized rate, shall be deemed included in the category of government aided schools referred to in section 2(n)(ii) of the Act.

(2) No indictment, law suit or other action may be taken against a work done or to be done in good faith under these rules by the State Government, State Commission for Child Rights, Right to Education Protection Authority, Local Authority or individual.

(3) If any possibility of difficulty arises during enforcing provisions of these rules, the State Government may pass such action or order as to overcome the difficulty.

(4) Any clarification or executive order regarding these rules issued by the notification of the State Government shall be deemed as part of these rules.

(5) The State Government may annul, amend or clarify these rules by the notification.

Appendix

Form-I

Self Declaration-Cum-Application For Grant of Recognition to School

To,

The District Education Superintendent

(Name of district)

Sir,

I forward herewith with a self-declaration regarding compliance with the norms and standards specified in the Schedule of the Right of Children to Free and Compulsory Education Act, 2009 and an application in the prescribed form for the grant of recognition to ....................................................... (Name of the school) with effect from the commencement of the school year 20.......... .

Enclosure:

Yours faithfully,

Place:

Date:

Manager/Chairperson/President

Management committee

.................... School

Self declaration form

A. School Details
1. Name of the School
2. Academic Session in which recognition is proposed
3. District
4. Postal Address
5. Village/City
6. Tehseel
7. Pin Code:
8. Phone No. with STD Code
9. Fax No. with STD Code
10. E-mail address, if any
11. Nearest Police Station

 

B. General Information
1. Year of Foundation
2. Date of First Opening of School
3. Name of Trust/Society/Management Committee
4. Whether Trust/Society/Management Committee is registered
5. Period up to which registration of Trust/Society/Management Committee is valid
6. Whether there is a proof of non-proprietary character of the Trust/Society/Management Committee supported by the list of members with their address on an affidavit
7. Official address of the Chairman/President/Manager of the School
Name
Designation
Address
Phone O: ....................

R: .....................

8. Total Income & Expenditure during last 3 years (surplus/deficit)
Year Income (Rupees) Expenditure (Rupees) surplus (Rupees) deficit (Rupees)

 

C. Nature and area of School
1. Medium of Instruction
2. Type of School (Specify entry & exit classes) as specified in section 2(n) of the Act
3. If the school is aided, the name of agency and percentage of aid
4. Is the school recognised?
5. If so, the Name of Authority and Registration number
6. Does the school has its own building or is it running in a rented building?
7. Whether the school buildings or other structures or the grounds are used only for the purpose of education and skill development?
8. Total area of the school
9. Built in area of the school.

 

D. Enrolment Status
Class No. of Sections No. of Students
1. Pre-primary
2. I-V
3. VI-VIII

 

E. Infrastructure Details & Sanitary Conditions
Room Numbers Average Size (length x breadth)
1. Classroom
2. Office room store Room Headmaster Room etc.
3. Kitchen-Cum-Store Room

 

F. Other Facilities
1. Whether all facilities have barrier free access
2. Teaching Learning Material (attach list )
3. Sports & Play equipment (attach list )
4. Facility of book in Library

- Books (No. of books)

- Periodical/Newspapers

5. Type and number of drinking water facility
6. Sanitary Conditions
(i) Type of W.C & Urinals
(ii) Number of Urinal/Lavatories Separately for Boys
(iii) Number of Urinal/Lavatories Separately for Girl

 

G. Particulars of Teaching Staff
1.
Teacher Name

(1)

Father/Husband or Wife name

(2)

Date of Birth

(3)

Academic Qualification

(4)

Professional Qualifications

(5)

Teaching Experience

(6)

Class Assigned

(7)

Appointment Date

(8)

Trained or Untrained

(9)

2. Teaching in Primary/Secondary both (details of each teacher separately)
Teacher Name

(1)

Father/Husband or Wife name

(2)

Date of Birth

(3)

Academic Qualification

(4)

Professional Qualifications

(5)

Teaching Experience

(6)

Class Assigned

(7)

Appointment Date

(8)

Trained or Untrained

(9)

3. Head Teacher
Teacher Name

(1)

Father/Husband or Wife name

(2)

Date of Birth

(3)

Academic Qualification

(4)

Professional Qualifications

(5)

Teaching Experience

(6)

Class Assigned

(7)

Appointment Date

(8)

Trained or Untrained

(9)

 

H. Curriculum and Syllabus
1. Details of curriculum & Syllabus followed in each class (from class 1 to 8)
2. System of Pupil Assessment.
3. Whether pupils of the school are require to take any board exam till class 8?
  1. It is certified that the school is open to inspection by any officer authorized by the State Authority.
  2. It is certified that the school undertakes to furnish such reports and information as may be required by the District Education Superintendent and shall comply with all such instructions of the State Authority or District Education Superintendent issued to secure the continued fulfillment of the condition of recognition or the removal of deficiencies in working of the school.
  3. It is certified that records of the school pertinent to the implementation of this Act shall be open to inspection by any officer authorised by the District Education Superintendent or the State Authority and the school shall furnish all such information as may be necessary to enable the State Government or Local Authority or the administration to discharge its obligations to Parliament/Legislative Assembly/Panchayat/Municipal Corporation as the case may be.

Signature

President/manager/Chairman

Management Committee,

........................ School

Date:

Place:

Form-2

Office of District Education Superintendent

(Name of district)

No.

Date:

The Manager

Sub: Recognition Certificate for the School under the rule of The Jharkhand Right of Children to Free and Compulsory Education Rules, 2011 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 and inspection report in this regard, I convey the grant of recognition to the ....................................... (name of the school with address) for Class ...................... to Class ....................... from the academic year .................... . The above mentioned recognition is subject to following conditions:

  1. The grant for recognition does not in any way imply any obligation to recognize/affiliate beyond Class VIII.
  2. The School shall completely abide by the provisions of Right of Children to Free and Compulsory Education Act, 2009 and The Jharkhand Right of Children to Free and Compulsory Education Rules, 2011.
  3. The School shall admit in class I, to the extent of 25 percent of the strength of that class, children belonging to weaker section and disadvantaged group in the neighborhood and provide free and compulsory education till their completion of elementary education.
  4. For the children referred to in clause 3, the School shall maintain a separate bank account for reimbursement to the school under the provision of sub-section (2) of section 12 of the Act.
  5. The School shall not collect any capitation fee and subject the child or his or her parents or guardians to any screening test.
  6. The School shall not deny admission to any child for lack of age proof and in this case provision of section 15 of the Act shall be followed.
  7. The School shall ensure the following points:

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

(ii) No child shall be subjected to physical punishment or mental harassment.

(iii) No child is required to pass any board examination till the completion of elementary education.

(iv) Every child completing elementary education shall be awarded a certificate in light of the provision of the Act and rules.

(v) Inclusion of students with disabilities/special needs as per provision of the Act.

(vi) The teachers are recruited with minimum qualifications as laid down by competent authority National Council for Teachers Education under section 23(1) of the Act and the teacher who, at the time of commencement of the Act, 2009 do not possess minimum qualifications shall acquire such minimum qualifications within a period of 5 years.

(vii) The teacher performs its duties specified under section 24(1) of the Act.

(viii) The teacher shall not engage himself or herself for private teaching activities.

  1. The School shall follow the syllabus on the basis of curriculum laid down by the State Authority.
  2. The School shall maintain the standards and norms of the school as specified in section 19 of the Act.
  3. The facilities reported at the time of last inspection are as given under:
  4. Area of school campus;
  5. Total built up area;

iii. Area of play ground;

  1. No. of class rooms;
  2. Room for Headmaster-cum-Office-cum-Storeroom;
  3. Separate toilet for boys and girls;

vii. Drinking Water Facility;

viii. Kitchen for cooking Mid Day Meal (government school);

  1. Barrier free Access;
  2. Availability of Teaching Learning Material/Play Sports Equipments/Library.
  3. No unrecognized classes shall run within the premises of the school or outside in the same name of school.
  4. The school buildings or other structures or the grounds are used only for educational and skill development activities.
  5. The School is not run for profit to any individual, group or association of individuals or any other persons.
  6. The accounts of the school should be audited and certified by a Chartered Accountant and proper accounts statements should be prepared as per rules. A copy each of the Statements of Accounts should be sent to the District Education Superintendent every year.
  7. The school furnishes such reports and information as may be required by the Director, Primary Education/District Education Superintendent from time to time and complies with such instructions of the State Government/Local Authority as may be issued to secure the continued fulfillment of the condition of recognition or the removal of deficiencies in working of the school.
  8. 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. Renewal of Registration of Society if any, be ensured.

The recognition Code Number allotted to your school is ............................. . This may please be noted and quoted for any correspondence with this office.

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Related judgement on Jharkhand Right of Children to Free and Compulsory Education Rules, 2011