Power of appropriate Government to make rules

Section 38 of Rte Act 2009 deals with power of appropriate Government to make rules. The appropriate Government may, by notification, make rules, for carrying out the provisions of this Act.

(1) The appropriate Government may, by notification, make rules, for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely :- (a) the manner of giving special training and the time-limit thereof, under first proviso to section 4;

(b) the area or limits for establishment of a neighbourhood school, under section 6;

(c) the manner of maintenance of records of children up to the age of fourteen years, under clause (d) of section 9;

(d) the manner and extent of reimbursement of expenditure, under sub-section (2) of section 12;

(e) any other document for determining the age of child under sub-section (1) of section 14;

(f) the extended period for admission and the manner of completing study if admitted after the extended period, under section 15;

(g) the authority, the form and manner of making application for certificate of recognition, under sub-section (1) of section 18;

(h) the form, the period, the manner and the conditions for issuing certificate of recognition, under sub-section (2) of section 18;

(i) the manner of giving opportunity of hearing under second proviso to sub-section (3) of section 18;

(j) the Other functions to be performed by School Management Committee under clause (d) of sub-section (2) of section 21;

(k) the manner of preparing School Development Plan under sub-section (1) of section 22;

(l) the salary and allowances payable to, and the terms and conditions of service of, teacher, under sub-section (3) of section 23;

(m) the duties to be performed by the teacher under clause (f) of sub-section (1) of section 24;

(n) the manner of redressing grievances of teachers under sub-section (3) of section 24;

(o) the form and manner of awarding certificate for completion of elementary education under sub-section (2) of section 30;

(p) the authority, the manner of its constitution and the terms and conditions therefor, under sub-section (3) of section 31;

(q) the allowances and other terms and conditions of appointment of Members of the National Advisory Council under sub-section (3) of section 33;

(r) the allowances and other terms and conditions of appointment of Members of the State Advisory Council under sub-section (3) of section 34.

(3) Every rule made under this Act and every notification issued under sections 20 and 23 by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.

(4) Every rule or notification made by the State Government under this Act shall be laid, as soon as may be after it is made; before the State Legislatures. 1[39. Power of Central Government to remove difficulties .- (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty:

Provided that no order shall be made under this section after the expiry of three years from the commencement of the Right of Children to Free and Compulsory Education (Amendment) Act, 2012 (30 of 2012).

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.] 1. Ins. by Act 30 of 2012, s. 8 (w.e.f. 1-8-2012). THE SCHEDULE (See sections 19 and 25) NORMS AND STANDARDS FOR A SCHOOL Sl. No. Item Norms and Standards 1. Numbers of teachers:

(a) For first class to fifth class Admitted children Number of teachers Up to Sixty Two Between sixty-one to Three ninety Between Ninety-one to Four one hundred and twenty Between One hundred Five and twenty-one to two hundred de Above One hundred and fifty children O Five plus one Head- teacher Above Two hundred children Pupil-Teacher Ratio (excluding Head-teacher) shall not exceed forty.

(b) For sixth class to eighth class (1) At least one teacher per class so that there shall be at least one teacher each for- (i) Science and Mathematics;

(ii) Social Studies;

(iii) Languages.

(2) At least one teacher for every thirty-five children.

(3) Where admission of children is above one hundred- (i) a full time head-teacher;

(ii) part time instructors for- (A) Art Education; (B) Health and Physical Education; (C) Work Education. All-weather building consisting of- (i) at least one class-room for every teacher and an office-cum-store-cum-Head teacher's room;

(ii) barrier-free access;

(iii) separate toilets for boys and girls;

(iv) safe and adequate drinking water facility to all children; 2. Building Sl. No. Item Norms and Standards 3. Minimum number of working days/instructional hours in an academic year (v) a kitchen where mid-day meal is cooked in the school;

(vi) Playground;

(vii) arrangements for securing the school building by boundary wall or fencing.

(i) two hundred working days for first class to fifth class;

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

(iii) eight hundred instructional hours per academic year for first class to fifth class;

(iv) one thousand instructional hours per academic year for sixth class to eighth class. 4. Minimum number of working hours per week for the teacher forty-five teaching including preparation hours. 5. Teaching learning equipment 6. Library There shall be a library in each school providing newspaper, magazines and books on all subjects, including story-books. 7. Play material, games and sports equipment af Includ- Shall be provided to each class as required. Shall be provided to each class as required.

Section 38, Rte Act 2009 (Act 35 of 2009).