Rule, 2017

Text

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 856] NEW DELHI, TUESDAY OCTOBER 17, 2017/ASVINA 25, 1939

MINISTRY OF HUMAN RESOURCE DEVELOPMENT

(Department of School Education and Literacy)

NOTIFICATION

New Delhi, the 17th October, 2017

G.S.R. 1302(E).—In exercise of the power conferred by section 38 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), the Central Government hereby makes the following rules further to amend the Right of Children to Free and Compulsory Education Rules, 2010, namely:—

1. (1) These rules may be called the Right of Children to Free and Compulsory Education (Second Amendment) Rules, 2017.

(2) They shall be deemed to have come into force on the 1st day of April, 2015.

2. In the Right of Children to Free and Compulsory Education Rules, 2010, in Part VI relating to Teachers, in sub- rule (1) and (2) of rule 19, for the words “five years”, at both places wherever they occurred the words “nine years” shall be substituted.

EXPLANATORY MEMORANDUM

1. The Right of Children to Free and Compulsory Education Act, 2009 (Principal Act) was amended by the Right of Children to Free and Compulsory Education (Amendment) Act, 2017 and a new proviso was inserted in sub-section

(2) of section 23 of the Principal Act relating to qualifications for appointment and terms and conditions of service of teachers. The inserted new proviso reads as “Provided further that every teacher appointed or in position as on the 31st March, 2015, who does not possess minimum qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a period of four years from the date of commencement of the Right of Children to Free and Compulsory Education (Amendment) Act, 2017.”

2. The Right of Children to Free and Compulsory Education Rules, 2010 are being amended in order to bring these rules in consonance with the Right of Children to Free and Compulsory Education (Amendment) Act, 2017, giving retrospective effect from the date of commencement of the said Act, i.e. with effect from 1st April, 2015. In providing the retrospective effect, interests of no person shall be adversely affected. ANITA KARWAL, Addl. Secy.

Note : The principal rules were published vide notification number

G.S.R. 301(E), dated the 8th April, 2010 in the Gazette of India, Part II, Section 3, Sub-section (i), dated the 9 th April, 2010 and last amended vide notification number

G.S.R. 155(E), dated the 20 th February, 2017 and published in the Gazette of India, Part II, Section 3, Sub-section (i), dated the 22 nd February, 2017.

and Published by the Controller of Publications, Delhi-110054.

RAKESH SUKUL

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Right of Children to Free and Compulsory Education Act, 2009