(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.]
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 Above One hundred and Five plus one Head- fifty children teacher Above Two hundred children Pupil-Teacher Ratio (excluding Head-teacher) shall not exceed forty.
(b) For sixth class to eighth class In (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. 2. Building 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;
Sl. No. Item Norms and Standards
(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. 3. Minimum number of working (i) two hundred working days for first class to fifth days/instructional hours in an class; academic year
(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 forty-five teaching including preparation hours. per week for the teacher 5. Teaching learning equipment Shall be provided to each class as required. 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 Shall be provided to each class as required. equipment STATEMENT OF OBJECTS AND REASONS The crucial role of universal elementary education for strengthening the social fabric of democracy through provision of equal opportunities to all has been accepted since inception of our Republic. The Directive Principles of State Policy enumerated in our Constitution lays down that the State shall provide free and compulsory education to all children up to the age of fourteen years. Over the years there has been significant spatial and numerical expansion of elementary schools in the country, yet the goal of universal elementary education continues to elude us. The number of children, particularly children from disadvantaged groups and weaker sections, who drop out of school before completing elementary education, remains very large. Moreover, the quality of learning achievement is not always entirely satisfactory even in the case of children who complete elementary education. 2. Article 21A, as inserted by the Constitution (Eighty-sixth Amendment) Act, 2002, provides for free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such manner as the State may, by law, determine. 3. Consequently, the Right of Children to Free and Compulsory Education Bill, 2008, is proposed to be enacted which seeks to provide,—
(a) that every child has a right to be provided full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards;
(b) ‘compulsory education’ casts an obligation on the appropriate Government to provide and ensure admission, attendance and completion of elementary education;
(c) ‘free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education;
(d) the duties and responsibilities of the appropriate Governments, local authorities, parents, schools and teachers in providing free and compulsory education; and
(e) a system for protection of the right of children and a decentralized grievance redressal mechanism. 4. The proposed legislation is anchored in the belief that the values of equality, social justice and democracy and the creation of a just and humane society can be achieved only through provision of inclusive elementary education to all. Provision of free and compulsory education of satisfactory quality to children from disadvantaged and weaker sections is, therefore, not merely the responsibility of schools run or supported by the appropriate Governments, but also of schools which are not dependent on Government funds. 5. It is, therefore, expedient and necessary to enact a suitable legislation as envisaged in article 21-A of the Constitution. 6. The Bill seeks to achieve this objective.
NEW DELHI; ARJUN SINGH. The 2nd December, 2008.