RIGHT TO UNIVERSAL, FREE, COMPULSORY & QUALITY EDUCATION BILL 2007
Chapter IV
SCHOOLS AND TEACHERS
13. Responsibility of Schools to provide
Free and Compulsory Education
(1) Schools shall provide free and
compulsory elementary education to children entitled
under Section 3 to the extent and in the manner
specified below:
i) State schools, except schools of
specified categories, and schools - to all admitted
children.
ii) State schools of specified
categories, and unaided schools, to at least 25%
children admitted to class 1 after the commencement of
this Act, from among children belonging to weaker
sections randomly selected by the school, and for the
continued education of such children in the School
thereafter till completion of elementary education or
till they seek transfer from the school, whichever is
earlier.
Provided that if a school has a
pre-primary section, provisions of sub clauses (ii) and
(iii) shall apply to the pre-primary section instead.
Provided further that free seats in any school, shall be
offered by the school first to eligible children for
whom it is a neighbourhood school, and shall be offered
to other eligible children only to the extent of
vacancies remaining thereafter.
(2) For every child admitted and educated
in pursuance of (iii) of sub-clause (1), the appropriate
government shall reimburse to the school at a rate equal
to the per child expenditure in state schools/fully
aided schools and state funded preschools, or the actual
amount charged per student by such school, whichever is
less, in such manner as may be prescribed.
a) (3) It shall be the duty of every
school to supply to the appropriate government or to an
authority designated by such government, such
information as the appropriate government may direct to
be furnished for the purposes of Section 5 (3).
14. Prohibition of Screening Procedures
and Capitation Fees
No child or her family shall be subjected
to any screening procedure by a school while deciding
about admission to the school at the elementary stage,
nor shall the family be required to make any payment in
the nature of capitation fee.
15. Admission to Schools to be Generally
done at the Commencement of the Academic Year but not to
be Denied at Other Times
Children shall be admitted to schools as
far as possible at the commencement of the academic
year, or within such period thereof as may be
prescribed:
Provided that a child entitled to be
admitted to a neighbourhood school under Section 3(1),
read with Section 14 of this Act, shall not be denied
admission to such a school at any time of the academic
year; Provided further that a child admitted under the
preceding proviso within four months of the commencement
of the academic year shall be enabled to complete the
class to which she has been admitted along with the
batch of students admitted at the beginning of the
session. A child admitted later in the academic year,
who has not come on transfer from another school, shall
complete the class with the next batch of students,
unless the school is of the opinion that the child has
made sufficient progress in the remaining part of the
academic year to merit promotion to the next class along
with the regular batch of students.
16. Recognition of Schools
(1) All schools, other than State
schools, recognized at the commencement of this Act, and
all State schools, whether established before or after
the commencement of this Act, shall be deemed to be
recognized schools for the purposes of this Act.
(2) No institution, other than State
schools, which is intended to be run as a School, shall
be established or run after the commencement of this
Act, except after obtaining a certificate from a
Competent Authority indicating that the latter has no
objection to the establishment and operation of such an
institution, or after obtaining recognition as a School
from such Authority.
(3) Every appropriate government shall,
within three months from the commencement of this Act,
notify rules governing grant of recognition to Schools
other than State schools. Where rules in this behalf
already exist, they shall be deemed to have been framed
under this Act, but shall be reviewed and revised to the
extent necessary, with in six months from the
commencement of this Act, so as to bring them in
conformity with it.
(4) Every application for recognition
shall be made in such form, in such manner and to such
competent authority as may be prescribed, and the
competent authority shall finally dispose of the
application by an Order within a period not exceeding
three months from the date of its receipt;
Provided that in the event of rejection
of an application, the Order shall state reasons for its
rejection.
(5) Recognition of a school other than a
State school, may be withdrawn for breach of conditions
referred to in sub-section (4), after giving an
opportunity to the management of the school of being
heard in such manner as may be prescribed, and from a
date to be specified in the Order withdrawing
recognition, which date shall not be later than 30 days
from the date of passing of the Order;
Provided that while passing an Order
withdrawing recognition, the competent authority shall
also give directions regarding other neighbourhood
schools to which children studying in the derecognised
school shall be admitted for purposes of their further
education.
(6) No person shall run a school whose
recognition has been withdrawn by an Order passed under
sub-section (5), after the date specified in the Order.
|
