School Education Department

Government of Andhra Pradesh

RIGHT OF CHILDREN TO
FREE AND COMPULSORY
EDUCATION ACT, 2009

i 1
 Right of Children to
Free and Compulsory Education Act, 2009 & State Rules

Chief Advisor

Smt. V. Usha Rani, I.A.S

State Project Director,
Rajiv Vidya Mission (SSA), A.P Hyderabad

Advisor : Dr. Y. Ali Akbar Basha, ASPD, RVM (SSA), A.P.

Editing and compilation : Dr. Sayanna Bandi, State CMO, RVM (SSA), A.P
Dr. G. Shankar, Asst. CMO & Dr. G. Triveni

Assistance : Sri M. Narayana, Supdt. & Sri G. Parshuram

Published by : Community Mobilization Wing

Office of the State Project Director
Rajiv Vidya Mission (SSA), A.P

Address : Opp: Lal Bahadur Stadium,

SCERT Premises, Hyderabad - 500 001, A.P

Phone : +91- 40 - 2324 3525

Fax : 91- 40 - 2329 9089

Website : [Link]

E-mail : apssahyd@[Link]

Year of publication : November, 2013

Toll Free : 1800 425 3525

DTP & Tittle Design : Srinivas Moni

No. of Copies : 24,000

Printed at : A.P Govt. Text Book Press, Hyderabad

2
 THE GAZETTE OF INDIA
Extraordinary
Part - II – Section I

PUBLISHED BY AUTHORITY
No. 391 New Delhi Thursday, August 27, 2009/ Bhadra 5,1931

Separate paging is given to this Part in order that it may be filed as a

separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 27th August, 2009/Bhadra 5, 1931 (Saka)

The following Act of Parliament received the assent of the
President on the 26th August, 2009, and is hereby published for general
information:—

THE RIGHT OF CHILDREN TO FREE AND COMPULSORY

EDUCATION ACT, 2009
No. 35 of 2009
[26th August, 2009]
An Act to provide for free and compulsory education to all children
of the age of six to fourteen years.

Be it enacted by Parliament in the Sixtieth Year of the Republic of

India as follows:

1 3
 CHAPTER - I

PRELIMINARY
Short little extent and commencement :
1. (1) This Act may be called the Right of Children to Free and
Compulsory Education Act, 2009.

(2) It shall extend to the whole of India except the State of Jammu and
Kashmir.

(3) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint.
Definitions:
2. In this Act, unless the context otherwise requires:-

(a) “appropriate Government” means—

(i) in relation to a school established, owned or controlled by the

Central Government, or the administrator of the Union territory,
having no legislature, the Central Government;

(ii) in relation to a school, other than the school referred to in sub

clause(i), established within the territory of—

(A) a State, the State Government;

(B) a Union territory having legislature, the Government of

that Union territory;

(b) “capitation fee” means any kind of donation or contribution or

payment other than the fee notified by the school;

(c) “child” means a male or female child of the age of six to fourteen
years;

(d) “child belong to disadvantaged group” means a child belonging

to the Schedule Caste, the Scheduled Tribe, the Socially and

4
 educationally backward class or such other group having
disadvantage owing to social, culture, economical, geographical,
linguistic, gender or such other factor, as may be specified by the
appropriate Government, by notification;

(e) “child belonging to weaker section” means a child belonging to

such parent or guardian whose annual income is lower than the
minimum limit specified by the appropriate Government, by
notification;

(f) “elementary education” means the education from first class to

eighth class;

(g) “guardian” in relation to a child, means a person having the care

and custody of that child and includes a natural guardian or
guardian appointed or declared by a court or a statute;

(h) “Local authority” means a Municipal Corporation or Municipal

Council or Zilla Parishad or Nagar Panchayat or Panchyat, by
whatever name called, and includes such other authority or body
having administrative control over the school or empowered by or
under any law for the time being in force to function as a local
authority in any city, town or village;

(i) “National Commission for Protection of Child Rights” means the

National Commission for Protection of Child Rights constituted
under section 3 of the Commissions for Protections of Child Rights
Act, 2005; (4 of 2006)

(j) “notification” means a notification published in the Official Gazette;

(k) “parent” means either the natural or step or adoptive father or

mother of a child;

(l) “prescribed” means prescribed by rules made under this Act;

(m) ”Schedule” means the Schedule annexed to this Act;

5
 (n) “School” means any recognised school imparting elementary
education and includes—

(i) A school established, owned or controlled by the appropriate

Government or a local authority;

part of its expense from the appropriate Government or the

local authority;

(iii) A school belonging to specified category; and

(iv) An unaided school not receiving any kind of aid or grants to

meet its expenses from the appropriate Government or the
local authority;

(o) “screening procedure” means the method of selection for

admission of a child, in preference over another, other than a
random method;

(p) “specified category”, in relation to a school, means a school

known as Kendriya Vidyalaya, Navodaya Vidyalaya, Sainik
School or any other school having a district character which
may be specified, by notification, by the appropriate
Government;

(q) “State Commission for Protection of Child Rights” means the

State Commission for Protection of Child Rights constituted
under Section 3 of the Commissions for Protection of Child
Rights Act, 2005.

6
 CHAPTER - II

RIGHT TO FREE AND COMPULSORY EDUCATION

Right of Child to free and compulsory education:

3. (1) Every child of the age of six to fourteen years shall have a right to
free and compulsory education in a neighbourhood school till
completion of elementary education.

(2) For the purpose of sub-section (1), no child shall be liable to pay
any kind of fee or charges or expenses which may prevent him or
her from pursuing and completing the elementary education:

Provided that a child suffering from disability, as defined in

clause (i) of section 2 of the Persons with Disabilities (Equal
Opportunities, Protection and Full Participation) Act, 1996, shall
have the right to pursue free and compulsory elementary education
in accordance with the provisions of Chapter V of the said Act.

Special provisions for children not admitted to, or who have not completed,
elementary education :

4. Where a child above six years of age has not been admitted in any
school or though admitted, could not complete his or her elementary
education, then he or she shall be admitted in a class appropriate to his
or her age;

Provided that where a child is directly admitted in a class

appropriate to his or her age, then he or she shall in order to be at par
with others, have a right to receive special training, in such manner, and
within such time-limits, as may be prescribed;

Provided further that a child so admitted to elementary education

shall be entitled to free education till completion of elementary education
even after fourteen years.

7
Right of transfer to other school :

5. (1) Where in a school, there is no provision for completion of elementary

education, a child shall have a right to seek transfer to any other
school, excluding the school specified in sub-clauses (iii) and (iv) of
clause (n) of section 2, for completing his or her elementary education.

(2) Where a child is required to move from one school to another, either
within a State or outside, for any reason whatsoever, such child shall
have a right to seek transfer to any other school, excluding the school
specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for
completing his or her elementary education.

(3) For seeking admission in such other school, the Head-teacher or in-
charge of the school where such child was last admitted, shall
immediately issue the transfer certificate;

Provided that delay in producing transfer certificate shall not

be a ground for either delaying or denying admission in such other
school:

Provided further that the Head–teacher or in-charge of the

school delaying issuance of transfer certificate shall be liable of
disciplinary action under the service rules applicable to him or her.

8
 CHAPTER - III

DUTIES OF APPROPRIATE GOVERNMENT, LOCAL

AUTHORITY AND PARENTS
Duty of appropriate Government and local authority to establish school :
6. For carrying out the provisions of this Act, the appropriate Government
and the local authority shall establish, within such areas or limits of
neighbourhood, as may be prescribed, a school, where it is not so
established, within a period of three years from the commencement of
this Act.
Sharing of financial and other responsibilities:
7. (1) The Central Government and the State Government shall have
concurrent responsibility for providing funds for carrying out the
provisions of this Act.
(2) The Central Government shall prepare the estimates of capital and
recurring expenditure for the implementation of the provisions of
the Act.
(3) The Central Government shall provide to the State Governments,
as grants-in-aid of revenues, such percentage of expenditure
referred to in sub-section (2) as it may determine, from time to time,
in consultation with the State Government;
(4) The Central Government may make a request to the President to
make a reference to the Finance Commission under sub-clause (d)
of clause (3) of article 280 to examine the need for additional resource
to be provided to any State Government so that the said State
Government may provide its share of funds for carrying out the
provisions of the Act.
(5) Notwithstanding anything contained in sub-section(4), the State
Government shall, taking into consideration the sums provided
by the Central Government to a State Government under sub-section

9
 (3), and its other resources, be responsible to provide funds for
implementation of the provisions of the Act.
(6) The Central Government shall—
(a) develop a framework of national curriculum with the help of
academic authority specified under section 29;
(b) develop and enforce standards for training of teachers;
(c) provide technical support and resources to the State
Government for promoting innovations, researches, planning
and capacity building.
Duties of appropriate Government :
8. The appropriate Government shall—
(a) provide free and compulsory elementary education to every child;
Provided that where a child is admitted by his or her parents
or guardian, as the case may be in a school other than a school
established, owned, controlled or substantially financed by funds
provided directly or indirectly by the appropriate Government
or a local authority, such child or his or her parents or guardian,
as the case may be, shall not be entitled to make a claim for
reimbursement of expenditure incurred on elementary education
of the child in such other school.
Explanation :- The term “compulsory education” means obligation of
the appropriate Government to—
(i) provide free elementary education to every child of the age of
six to fourteen years; and
(ii) ensure compulsory admission, attendance and completion of
elementary education by every child of the age of six to fourteen
years.
(b) ensure availability of a neighbourhood school as specified in section
6;
10
 (c) ensure that the child belonging to weaker section and the child
belonging to disadvantaged group are not discriminated against
and prevented from pursuing and completing elementary
education on any grounds;
(d) provide infrastructure including school building, teaching staff and
learning equipment;
(e) provide special training facility specified in section 4;
(f) ensure and monitor admission, attendance and completion of
elementary education by every child;
(g) ensure good quality elementary education conforming to the
standards and norms specified in the Schedule;
(h) ensure timely prescribing of curriculum and courses of study for
elementary education; and
(i) provide training facility for teachers.
9. Every local authority shall—
Duties of local authority:
(a) provide free and compulsory elementary education to every child;
Provided that where a child is admitted by his or her parents
or guardian, as the case may be, in a school other than a school
established, owned, controlled or substantially financed by funds
provided directly or indirectly by the appropriate Government or
a local authority, such child or his or her parents or guardian, as
the case may be, shall not be entitled to make a claim for
reimbursement of expenditure incurred on elementary education
of the child in such other school;
(b) ensure availability of a neighbourhood school as specified in section
6;
(c) ensure that the child belonging to weaker section and the child
belonging to disadvantaged group are not discriminated against
11
 and prevented from pursuing and completing elementary
education on any grounds;
(d) maintain records of children up to the age of fourteen years residing
within its jurisdiction, in such manner as may be prescribed;
(e) ensure and monitor admission, attendance and completion of
elementary education by every child residing within its jurisdiction;
(f) provide infrastructure including school building, teaching staff and
learning material;
(g) provide special training facility specified in section 4;
(h) ensure good quality elementary education conforming to the
standards and norms specified in the Schedule;
(i) ensure timely prescribing of curriculum and courses of study for
elementary education;
(j) provide training facility for teachers;
(k) ensure admission of children of migrant families;
(l) monitor functioning of schools within its jurisdiction; and
(m) decide the academic calendar.
Duty of parents and guardian :
10. It shall be the duty of every parent or guardian to admit or cause to be
admitted his or her child or ward, as the case may be, to an elementary
education in the neighbourhood school.
Appropriate Govt. to provide for pre-school education :
11. With a view to prepare children above the age of three years for
elementary education and to provide early childhood care and
education for all children until they complete the age of six years, the
appropriate Government may make necessary arrangement for
providing free pre-school education for such children.

12
 CHAPTER - IV

RESPONSIBILITIES OF SCHOOLS AND TEACHERS

Extent of school’s responsibility for free and compulsory education :

12. (1) For the purposes of this Act, a school,—

(a) specified in sub-clause (i) of clause (n) of section 2 shall provide

free and compulsory elementary education to all children
admitted therein;

(b) specified in sub-clause(ii) of clause (n) of section 2 shall provide

free and compulsory elementary education to such proportion
of children admitted therein as its annual recurring aid or grants
so received bears to its annual recurring expenses, subject to a
minimum of twenty-five percent;

(c) specified in sub-clauses (iii) and (iv) of clause (n) of section 2

shall admit in class I, to extent of at least twenty-five percent of
the strength of that class, children belonging to weaker section
and disadvantaged group in the neighbourhood and provide
free and compulsory elementary education till its completion;

Provided further that where a school specified in clause (n) of

section 2 imparts pre-school education, the provisions of clauses
(a) to (c) shall apply for admission to such pre-school education.

(2) The school specified in sub-clause (iv) of clause (n) of section 2

providing free and compulsory elementary education as specified
in clause (c) of sub-clause (i) shall be reimbursed expenditure so
incurred by it to the extent of per-child-expenditure incurred by
the State, or the actual amount charged from the child, whichever
is less, in such manner as may be prescribed.

Provided that such reimbursement shall not exceed per-child-

13
 expenditure incurred by a school specified in sub-clause (i) of
clause (n) of section2

Provided further that where such school is already under

obligation to provide free education to a specified number of
children on account of it having received any land, building,
equipment or other facilities, either free of cost or at a concessional
rate, such school shall not be entitled for reimbursement to the
extent of such obligation.

(3) Every school shall provide such information as may be required

by the appropriate Government or the local authority, as the case
may be.

No capitation fee and screening procedure for admission.

13. (1) No school or person shall, while admitting a child, collect any
capitation fee and subject the child or his or her parents or guardian
to any screening procedure.

(2) Any school or person, if in contravention of the provisions of sub

section(1)—

(a) receives capitation fee, shall be punishable with fine which

may extend to ten times the capitation fee charged;

(b) subjects a child to screening procedure, shall be punishable

with fine which may extend to twenty-five thousand rupees
for the first contravention and fifty thousand rupees for each
subsequent contraventions.

Proof of age for admission.

14. (1) For the purposes of admission to elementary education, the age of
a child shall be determined on the basis of the birth certificate issued
in accordance with the provisions of the Births, Deaths and
Marriages Registration Act, 1886 or on the basis of such other

14
 document, as may be prescribed.

(2) No child shall be denied admission in a school for lack of age proof
(6 of 1886)

No denial of admission:

15. A child shall be admitted in a school at the commencement of the

academic year or within such extended period as may be prescribed;

Provided that no child shall be denied admission if such admission

is sought subsequent to the extended period;

Provided further that any child admitted after the extended period
shall complete his studies in such manner as may be prescribed by the
appropriate Government.

Prohibition of holding back and expulsion:

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

Prohibition of physical punishment and mental harassment to child:

17. (1) No child shall be subjected to physical punishment or mental

harassment.

(2) Whoever contravenes the provisions of sub-section (1) shall be liable

to disciplinary action under the service rules applicable to such
person.

No school to be established without obtaining certificate of recognition:

18. (1) No school, other than a school established, owned or controlled by

the appropriate Government or the local authority, shall, after the
commencement of this Act, be established or function, without
obtaining a certificate of recognition from such authority by making
an application in such form and manner, as may be prescribed.

15
 (2) The authority prescribed under sub-section (1) shall issue the
certificate of recognition in such form, within such period, in such
manner, and subject to such conditions as may be prescribed.

Provided that no such recognition shall be granted to a school

unless it fulfils norms and standards specified under section 19.

(3) On the contravention of the conditions of recognition, the prescribed

authority shall, by an order in writing, withdraw recognition:

Provided that such order shall contain a direction as to which

of the neighbourhood school, the children studying in the
derecognised school, shall be admitted:

Provided further that no recognition shall be so withdrawn

without giving an opportunity of being heard to such school, in
such manner, as may be prescribed.

(4) With effect from the date of withdrawal of the recognition under
sub-section (3), no such school shall continue to function.

(5) Any person who establishes or runs a school without obtaining

certificate of recognition, or continues to run a school after
withdrawal of recognition, shall be liable to fine which may extend
to one lakh rupees and in case of continuing contraventions, to a
fine of ten thousand rupees for each day during which such
contravention continues.

Norms and standards for school :

19. (1) No school shall be established, or recognised, under section 18,

unless it fulfills the norms and standards specified in the Schedule.

(2) Where a school established before the commencement of this Act

does not fulfill the norms and standards specified in the Schedule,
it shall take steps to fulfill such norms and standards at its own
expenses, within a period of three years from the date of such

16
 commencement.

(3) Where a school fails to fulfill the norms and standards within the
period specified under sub-section (2), the authority prescribed
under sub-section (1) of section 18 shall withdraw recognition
granted to such school in the manner specified under sub-section
(3) thereof.

(4) With effect from the date of withdrawal of recognition under sub-
section (3), no school shall continue to function.

(5) Any person who continues to run a school after the recognition is
withdrawn, shall be liable to fine which may extend to one lakh
rupees and in case of continuing contraventions, to a fine of ten
thousand rupees for each day during which such contravention
continues.

Power to amend Schedule.

20. The Central Government may, by notification, amend the Schedule by

adding to, or omitting there from, any norms and standards.

School Management Committee

21 (1) A school, other than a school specified in sub-clause (iv) of clause
(n) of section 2, shall constitute a School Management Committee
consisting of the elected representatives of the local authority,
parents or guardians of children admitted in such school and
teachers:

Provided that atleast three-fourth of members of such

Committee shall be parents or guardians:

Provided further that proportionate representation shall be

given to the parents or guardians of children belonging to
disadvantaged group and weaker section:

Provided also that fifty percent of Members of such Committee

17
 shall be women.

(2) The School Management Committee shall perform the following

functions, namely:—

(a) monitor the working of the school;

(b) prepare and recommend school development plan;

(c) monitor the utilization of the grants received from the

appropriate Government or local authority or any other source;
and

(d) perform such other functions as may be prescribed.

School Development Plan:

22. (1) Every School Management Committee, constituted under sub-
section (1) of section 21, shall prepare a School Development Plan,
in such manner as may be prescribed.

(2) The School Development Plan so prepared under sub-section (1)

shall be the basis for the plans and grants to be made by the
appropriate Government or local authority, as the case may be.

Qualifications for appointment and terms and conditions of service of

teachers :

23. (1) Any person possessing such minimum qualifications, as laid down
by an academic authority, authorised by the Central Government,
by notification, shall be eligible for appointment as a teacher.

(2) Where a State does not have adequate institutions offering course
or training in teacher education, or teachers possessing minimum
qualifications as laid down under sub-section (1) are not available
in sufficient numbers, the Central Government may, if it deems
necessary, by notification, relax the minimum qualifications
required for appointment as a teacher, for such period, not
exceeding five years, as may be specified in that notification:

18
 Provided that a teacher who, at the commencement of this Act,
does not possess minimum qualifications as laid down under sub-
section (1), shall acquire such minimum qualifications within a
period of five years.

(3) The salary and allowances payable to, and the terms and conditions
of service of, teachers shall be such as may be prescribed.

Duties of teachers and redressal of grievances:

24. (1) A teacher appointed under sub-section (1) of section 23 shall
perform the following duties, namely:—

(a) maintain regularity and punctuality in attending school;

(b) conduct and complete the curriculum in accordance with the
provisions of sub-section (2) of section 29;
(c) complete entire curriculum within the specified time;
(d) assess the learning ability of each child and accordingly
supplement additional instructions, if any, as required;
(e) hold regular meetings with parents and guardians and apprise
them about the regularity in attendance, ability to learn, progress
made in learning and any other relevant information about the
child; and
(f) perform such other duties as may be prescribed.

(2) A teacher committing default in performance of duties specified in

sub-section (1), shall be liable to disciplinary action under the service
rule applicable to him or her:

Provided that before taking such disciplinary action,

reasonable opportunity of being heard shall be afforded to such
teacher.

(3) The grievances, if any, of the teacher shall be redressed in such

manner as may be prescribed.

19
Pupil-Teacher Ratio

25. (1) within six months from the date of commencement of this Act, the
appropriate Government and the local authority shall ensure that
the Pupil- Teacher Ratio, as specified in the Schedule, is maintained
in each school.

(2) For the purpose of maintaining the Pupil-Teacher Ratio under sub-
section (1), no teacher posted in a school shall be made to serve in
any other school or office or deployed for any non-educational
purpose, other than those specified in section 27.

Filling up vacancies of teachers.

26. The appointing authority, in relation to a school established, owned,

controlled or substantially financed by funds provided directly or
indirectly by the appropriate Government of by a local authority, shall
ensure that vacancy of teacher in school under its control shall not exceed
ten percent, of the total sanctioned strength.

Prohibition of deployment of teachers for non - educational purposes.

27. No teacher shall be deployed for any non-educational purposes other

than the decennial population census, disaster relief duties or duties
relating to elections to the local authority or the State Legislatures or
Parliament, as the case may be.

Prohibition of Private tuition by teacher:

28. No teacher shall engage himself in private tuition of private teaching

activity.

20
 CHAPTER - V

CURRICULUM AND COMPLETION OF

ELEMENTARY EDUCATION
Curriculum and evaluation procedure:
29. (1) The curriculum and the evaluation procedure for elementary
education shall be laid down by an academic authority to be
specified by the appropriate Government, by notification.
(2) The academic authority, while laying down the curriculum and
the evaluation procedure under sub-section (1), shall take into
consideration the following, namely: ——
(a) conformity with the values enshrined in the Constitution;
(b) all round development of the child;
(c) building up child’s knowledge, potentiality and talent;
(d) development of physical and mental abilities to the fullest extent;
(e) learning through activities, discovery and exploration in a child
friendly and child-centered manner;
(f) medium of instructions shall, a far as practicable, be in child’s
mother tongue;
(g) making the child free of fear, trauma and anxiety and helping
the child to express view freely;
(h) comprehensive and continuous evaluation of child’s
understanding of knowledge and his or her ability to apply the
same.
Examination and completion certificate:
30. (1) No child shall be required to pass any Board examination till
completion of elementary education.
(2) Every child completing his elementary education shall be awarded
a certificate, in such form and in such manner, as may be prescribed.

21
 CHAPTER - VI

PROTECTION OF RIGHT OF CHILDREN

Monitoring of child’s right to education:

31. (1) The National Commission for Protection of Child Rights constituted
under section 3, or as the case may be the State Commission for
Protection of Child Rights constituted under section 17, of the
Commissions for Protection of Child Rights Act, 2005, shall, in
addition to the functions assigned to them under that Act, also
perform the following functions, namely : —

(a) examine and review the safeguards for rights provided by this
Act and recommend measures for their effective
implementation;

(b) inquire into complaints relating to child’s right to free and

compulsory education; and

(c) take necessary steps as provided under sections 15 and 24 of

the said commissions for Protection of Child Rights Act.

(2) The said Commissions shall, while inquiring into any matters
relating to child’s right to free and compulsory education under
clause (c) of sub-section (1), have the same powers as assigned to
them respectively under sections 14 and 24 of the said Commissions
for Protection of Child Rights Act.

(3) Where the State Commission for Protection of Child Rights has not
been constituted in a State, the appropriate Government may, for
the purpose of performing the functions specified in clauses (a) to
(c) of sub-section (1), constitute such authority, in such manner and
subject to such terms and conditions, as may be prescribed.

22
Redressal of grievances :
32. (1) Notwithstanding anything contained in section 31, any persons
having any grievance relating to the right of a child under this Act
may make a written complaint to the local authority having
jurisdiction.

(2) After receiving the complaint under sub-section (1), the local
authority shall decide the matter within a period of three months
after affording a reasonable opportunity of being heard to the
parties concerned.

(3) Any person aggrieved by the decision of the local authority may
prefer an appeal to the State Commission for Protection of Child
Rights or the authority prescribed under sub-section (3) of section
31, as the case may be.

(4) The appeal preferred under sub-section (3) shall be decided by

State Commission for Protection of Child Rights or the authority
prescribed under sub-section (3) of section 31, as the case may be,
as provided under clause (c) of sub-section (1) of section 31.

Constitution of National Advisory Council:

33. (1) The Central Government shall constitute, by notification, a National

Advisory Council, consisting of such number of Members, not
exceeding fifteen, as the Central Government may deem necessary,
to be appointed from amongst persons having knowledge and
practical experience in the field of elementary education & child
development.

(2) The functions of the National Advisory Council shall be to advise

the Central Government on implementation of the provisions of
the Act in an effective manner.

(3) The allowances and other terms and conditions of the appointment

23
 of Members of the National Advisory Council shall be such as may
be prescribed.

Constitution of State Advisory Council:

34. (1) The State Government shall constitute, by notification, a State

Advisory Council consisting of such number of Members, not
exceeding fifteen, as the State Government may deem necessary,
to be appointed from amongst persons having knowledge and
practical experience in the field of elementary education and child
development.

(2) The functions of the State Advisory Council shall be to advise the
State Government on implementation of the provisions of the Act
in an effective manner.

(3) The allowances and other terms and conditions of appointment of

Members of the State Advisory Council shall be such as may be
prescribed.

24
 CHAPTER - VII

MISCELLANEOUS
Power to issue directions:
35. (1) The Central Government may issue such guidelines to the
appropriate Government or, as the case may be, the local authority,
as it deems fit for the purposes of implementation of the provisions
of this Act.
(2) The appropriate Government may issue guidelines and give such
directions, as it deems fit, to the local authority or the School
Management Committee regarding implementation of the
provisions of this Act.
(3) The local authority may issue guidelines and give such directions,
as it deems fit, to the School Management Committee regarding
implementation of the provisions of this Act.
Previous sanction for prosecution:
36. No prosecution for offences punishable under sub-section (2) of section
13, sub-section (5) of section 18 and sub-section (5) of section 19 shall be
instituted except with the previous sanction of an officer authorised in
this behalf, by the appropriate Government, by notification.
Protection of action taken in good faith:
37. No suit or other legal proceeding shall lie against the Central Government,
the State Government, the National Commission for Protection of Child
Rights, the state Commission for Protection of Child Rights, the local
authority, the School Management Committee or any person, in respect
of anything which is in good faith done or intended to be done, in
pursuance of this Act, or any rules or order made there under.

Power of appropriate Government to make rules :

38. (1) The appropriate Government may, by notification, make rules, for

25
 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;

26
 (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 therefore, 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 maybe 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.

27
 THE SCHEDULE

(See sections 19 and 25)

NORMS AND STANDARDS FOR A SCHOOL

S. Item Norms and Standards Item

No.
1. Number of teachers:
(a) For first class to Admitted children Number of teachers
fifth class Up to Sixty Two

Between sixty-one to
ninety Three

Between Ninety-one to
hundred and twenty Four
Between One hundred
and twenty-one to two
hundred Five

Above One hundred Five plus one Head

and fifty children teacher
Pupil-Teacher Ratio
Above Two hundred (excluding Head-
children teacher) shall not
exceed forty.

(b) For sixth class to

(1) At least one
eigth class
teacher per class
so that there shall
be at least one
teacher each for

28
S. Item Norms and Standards Item
No.
(i) Science and
Mathematics
(ii) Social and
Mathematics
(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 &
Physical
Education 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;

29
S. Item Norms and Standards Item
No.
(iii) separate toilets for
boys and girls;
(iv) safe and adequate
drinking water
facility to all
children.
(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 (i) two hundred
of working days/ working days first
instructional
class to fifth class;
hours in an
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

30
S. Item Norms and Standards Item
No.
instructional hours
per academic year
for sixth class to
eight class.

4 Minimum number Forty-five teaching

of working hours including preparation
per week for the hours.
teacher

5 Teaching learning Shall be provided to

equipment 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, Shall be provided to

games and sports each class as required.
equipment

T.K. VISWANATHAN
Secretary to the Govt. of India

31
32
 Andhra Pradesh
Right of Children to
Free and Compulsory
Education Rules, 2010

33
34
 Andhra Pradesh
Right of Children to Free and Compulsory
Education Rules, 2010
In exercise of the powers conferred by sub-section (i) of Section 38 of
the Right of Children to Free and Compulsory Education Act’, 2009 (Act
No.35 of 2009), the Governor of Andhra Pradesh hereby makes the following
Rules.

1. Short title

These Rules may be called “The Andhra Pradesh Right of Children to

Free and Compulsory Education Rules, 2010”.

2. They shall be deemed to have come into force with effect from 1st
April’2010.

3. Definitions

(I) In these rules, unless the context otherwise requires,

1) ‘Act’ means The Right of Children to Free and Compulsory

Education Act 2009.

2) ‘Anganwadi’ means an Anganwadi Centre established under the

Integrated Child Development Scheme of the Ministry of Women
and Child Development of the Government of India.

3) ‘Child’ means any child male or female in the age group of 6 to 14

years and includes a child who has completed five years of age as
on 1st September of the year of admission.

4) ‘Child belonging to socially disadvantaged group’ means and

includes a child belonging to the schedule caste, schedule tribe,
orphans, Migrant and Street children, Children With Special Needs
and HIV affected/infected children.

35
 5) A ‘child belonging to Weaker Sections’ means a child belonging to
BC, Minorities and includes OCs whose parents’ income does not
exceed Rs.60,000/- Per annum.

6) ‘Collector’ means the head of civil and revenue administration in

the district

7) ‘Corporator’ means elected member of a ward of a Municipal

Corporation within the limits of Andhra Pradesh or of the Greater
Hyderabad Municipal Corporation.

8) ‘Councilor’ means elected member of a ward of an urban local body

9) ‘District’ means a revenue district of the State.

10) ‘District Educational Officer (DEO)’ means the officer responsible

for implementing the programmes for elementary education at
district level.

11) “ECE” means Early Childhood Care Centres established by Sarva

Siksha Abhiyan in the premises of primary schools or elsewhere to
provide pre-school education to the children in the age group of 3-
5 years.

12) ‘Elementary School’ means a school that imparts education between

class I and class VIII. It includes all existing schools in Andhra
Pradesh, namely, Primary, Upper Primary & High Schools having
these classes.

13) ‘Free Education’ means and includes providing elementary

education to all children with no direct costs like fees/capitation
fees, or indirect costs like kind/services / fees for stationery, etc. to
be borne by the parents of child. The Government shall provide
free textbooks, notebooks @ 1 notebook per subject and other writing
material, midday meals with Nutritional values, uniforms in
neighbourhood schools run by the Government.

36
14) ‘Gram Panchayat ‘means Gram Panchayat constituted under the
Andhra Pradesh Panchayati Raj Act 1994.

15) ‘Local authority’ means, the mandal parishad / zilla parishad /

municipalities as the case may be, in their respective jurisdictions
for the purposes of the Act.

16) “Mandal Educational Officer (MEO)’ means the officer responsible

for implementing the programmes for elementary education at the
mandal level.

17) ‘Mandal Resource Person (MRP)’ means a resource teacher who

coordinates academic activities in a cluster of schools

18) ‘Neighbourhood area of a school’ means the habitations in a safe

walking distance of 1 km for a Primary School, 3 kms for an Upper
Primary / High School having classes VI to VIII.

19) ‘Out of School Child’ means a child in the age group of 6-14 who
has not completed elementary education (who is either never
enrolled in the school or dropped out without completing
elementary education). A pupil of an elementary school absent for
more than one month shall also be considered to be an out of school
child.

20) ‘Primary school’ means a school that imparts education between

class I and class V.

21) ‘Sarpanch’ means elected head of the Gram Panchayat.

22) “School mapping” means planning school location to overcome

social barriers and geographical distance and includes assessing
availability of schooling facilities for elementary education based
on certain fixed norms and standards in terms of location,
infrastructure, teachers, by using the method of distance matrix
between one habitation and other habitations. It includes The
Geographical Information System (GIS) mapping of all the schools

37
 in Andhra Pradesh prepared by the Rajiv Vidya Mission (SSA),
Andhra Pradesh.

23) ‘State’ means the state of Andhra Pradesh

24) ‘State Government’ means the Government of Andhra Pradesh.

25) ‘Specified Category’ in relation to a school means the residential

schools including Kasturba Gandhi Baalika Vidyalayas (KGBVs)
and Minority residential schools run by Andhra Pradesh
Residential Educational Institutions Society (APREIS), Andhra
Pradesh Social Welfare Residential Educational Institutions Society
(APSWREIS), Andhra Pradesh Tribal Welfare Residential
Educational Institutions Society (APTWREIS), Ashram Schools run
by Integrated Tribal Development Agencies (ITDAs), Sports schools
run by Sports Authority of Andhra Pradesh (SAAP) in addition to
Kendriya Vidyalayas, Navodaya Vidyalayas, Sainik Schools for
the purposes of sub- clause (III) of clause (n) of section (2) of
the Act.

26) “The Academic Authority under the Act” means The State Council
for Educational Research and Training, Hyderabad, Andhra Pradesh.

27) “The Implementing Authority of the Act” means the State Project
Director, Sarva Shiksha Abhiyan, and it includes the Commissioner
and Director of School Education, Andhra Pradesh.

28) ‘Walking Distance’ means the distance covered by a child from

habitation to the school.

29) ‘Ward Member’ means elected member of a ward of Gram

Panchayat.

All other words and expressions used herein and not defined
but defined in the Act shall have the same meaning respectively
assigned to them in the Act.

38
4. Special Training For Out of School Children

1) The School Management Committee/ Local Authority shall identify

children requiring special training and organize such training in the
following manner, namely:

a) The special training shall be based on specially designed, age

appropriate learning material, approved by the academic authority
specified in section 29(1) of the Act.

b) It shall be provided in classes held on the premises of the school, or

in classes organized in safe residential facilities.

c) It shall be provided by teachers working in the school, or by teachers

specially engaged for the purpose.

d) The duration shall be for a minimum period of three months which

may be extended, based on periodical assessment of learning
progress, for a maximum period not exceeding two years.

2) The child shall, upon induction into the age appropriate class after
special training, continue to receive special attention by the teacher to
enable him/her to successfully integrate with the rest of the class,
academically and emotionally.

3) The School Management Committees may involve Civil Society

Organizations (CSOs) and Self Help Groups (SHGs) in mobilization and
identification of Out-of-School children.

5. Access to Educational Facilities under the Act

(1) The areas or limits of neighbourhood within which a school has

to be established by the State Government shall be as under:-

(a) In respect of children in classes I - V, a school shall be established

within a walking distance of one km of the neighbourhood.

(b) In respect of children in classes VI - VIII, a school shall be established

39
 within a walking distance of 3 km of the neighbourhood.

(2) Wherever required, the State Government shall upgrade existing primary
schools with classes I - V by adding classes VI-VIII and incase of existing
Upper Primary schools having classes I –VII by adding class VIII.

(3) In areas with difficult terrain, risk of landslides, floods, lack of roads
and in general, danger for young children in the approach from their
homes to the school, the Government/Local Authority shall locate the
school in such a manner as to avoid such dangers, by reducing the limits
specified under sub-rule (1).

(4) For children from small hamlets or any other place as identified by the
State Government/Local Authority, where no school exists within the
area or limits of neighbourhood specified under sub-rule (1) above, the
Govt./Local Authority shall make adequate arrangements, such as free
transportation, residential facilities and other facilities, for providing
elementary education in a school, in relaxation of the limits specified
under sub-rule (1).

(5) In areas with high population density, the Government/Local Authority

may consider opening of more sections in the neighbourhood school or
to establish more than one neighbourhood school, having regard to the
number of children in the age group of 6-14 years in such areas.

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

(7) In respect of children with disabilities which prevent them from

accessing the school, the Government/Local Authority shall endeavour
to make appropriate and safe transportation arrangements for them to
attend school and complete elementary education. In case of severe
disability the Government shall make arrangements for Home Based
Education of such children who cannot be safely transported to
neighbourhood schools.

40
(8) The Government/Local Authority shall ensure that access of children
to the school is not hindered on account of social and cultural factors
and the state shall endeavour to discourage setting up of schools
exclusively for socially disadvantaged groups in their respective
habitations in future so that mainstreaming of all children in the
neighbourhood school is achieved.

(9) In areas affected by civil unrest and in respect of children in difficult

circumstances, the Government shall notify schools as safe zones for
children to enable them to continue their education uninterrupted. In
case of disruption of schooling, all the children shall be accommodated
in residential schools where their education can resume safely.

6. Duties of State Government and Local Authority

(1) The Government /Local Authority shall ensure that a child attending a
school of the State Government or Local authority referred to in sub
clause (i) of clause (n) of section 2 of the Act, a child attending a school
referred to in sub-clause (ii) of clause (n) of section 2 of the Act in
pursuance of clause (b) of sub section (1) of section 12 of the Act, and a
child attending a school referred to in sub-clause (iii) (to the extent of
the residential schools run by A.P Residential Educational Institutions
Society, A.P Social Welfare Residential Educational Institutions Society,
Gurukulam and other schools run by Government Educational Societies)
and run by other Government Departments and the children admitted
in the schools as defined in by Sub-clause (iv) of clause (n) of section 2
of the Act in pursuance of clause (c) of sub section (1) of section 12 of the
Act shall be entitled to free text books, uniforms, writing materials and
other facilities as prescribed by the Government of India/Govt. of A.P.

Provided that a child with disabilities shall also be entitled to free

education with barrier free environment and special material, uniforms
and books supplied by the State.

Provided further that all the teachers in regular schools shall be trained

41
 in appropriate teaching methods for Child with Special Need for the
purpose of inclusive education.

Explanation : In respect of the child admitted in pursuance of clause (b) of

sub-section (1) of section 12 of the Act and a child admitted in pursuance
of clause (c) of sub-section (1) of section 12, of the Act the responsibility
of providing the free entitlements shall be of the school referred to in
sub-clause (ii) of clause (n) of section 2 of the Act and of sub-clauses (iii)
and (iv) of clause (n) of section 2, of the Act respectively.

(2) For the purpose of determining and for establishing neighbourhood

schools, the Government/Local authority shall undertake school
mapping, and identify all children, including children in remote areas,
children with disabilities, children belonging to disadvantaged groups,
children belonging to weaker sections and children referred to in section
4 of the Act within a period of one year from the appointed date, and
every year thereafter updated as on 30th September of each year.

(3) The Government/Local Authority shall ensure that no child is subjected

to caste, class, religious or gender abuse in the school and that no child
is denied admission into any school public or private on the basis of
caste / class / religion and gender.

(4) For the purposes of clause (c) of section 8 and clause (c) of section 9 of
the Act the Government and the Local Authority shall ensure that a child
belonging to a weaker section and a child belonging to disadvantaged
group is not segregated or discriminated against in the classroom, during
mid day meals, in the play ground, in the use of common drinking water
and toilet facilities, and in the cleaning of toilets or classrooms.

7. Maintenance of records of children by 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. A unique number may be given to every child to
monitor his/her enrolment attendance learning achievement and

42
 transition to next higher classes. The household survey should also be
conducted to identify the children in migrant locations, work places,
unregistered habitations etc.

(2) The record, referred to in sub-rule (1) above, shall be updated each year.

(3) The record, referred to in sub-rule (1) above shall be maintained

transparently, in the public domain, and used for the purposes of clause
(e) of section 9.

(4) The record, referred to in sub-rule (1) shall, in respect of every child,
include:-

(a) Name, sex, date of birth, (Birth Certificate Number), place of birth;

(b) Parents’ / guardians’ names, address, occupation;

(c) Pre-primary School/Anganwadi centre that the child has attended

(up to age six) or attending.

(d) School where the child is admitted;

(e) Present address of the child;

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

(g) Whether the child belongs to the weaker sections;

(h) Whether the child belongs to a disadvantaged group;

(i) Details of children requiring special facilities / residential facilities

on account of migration and sparse population; age appropriate
admission; disability.

(5) The Local Authority shall ensure that the names of all children enrolled
in the schools under its jurisdiction are publicly displayed in each
school.

43
(6) The Government may in consultation with the Commissioner and
Director of School Education and State Project Director, Rajiv Vidya
Mission (Sarva Shiksha Abhiyan) evolve a child tracking system so as
to monitor not only the academic progress of children in the schools,
but also their retention, transition and migration.

(7) The Government shall make appropriate arrangements for tracking the
children migrating from one district to another within the state or
children of the families migrating from Andhra Pradesh to other states
or children of the families migrating from other states into Andhra
Pradesh along with their parents, so as to ensure continuity of elementary
education.

(8) The Government shall provide seasonal hostels in the villages known
for migration of labour, either on a seasonal basis or for a longer time
cycle so that the children will stay back when their parents migrate to
other places and so that these children are provided education and
suitable residential facility in spite of their parents migration.

(9) The Government shall make arrangements for the education of the
migrant children coming from other states, by setting up on-site schools
at the work places where the migrant labour from other states are engaged
in any economic activity in groups, in consultation with the state
concerned where from the labour have migrated with families and
children and as far as may be practicable, the teaching material and the
textbooks shall be in their respective mother tongue.

8. Admission of children belonging to weaker sections and

disadvantaged groups

(1) The school referred to in sub-clauses (iii) and (iv) of clause (n) of section
2 of the Act shall ensure that children admitted in pursuance of clause
(c) of sub- section (1) of section 12 of the Act shall not be segregated
from the other children in the classrooms nor shall their classes be held
at places and timings different from the classes held for the other
children.
44
(2) The school referred to in sub-clauses (iii) and (iv) of clause (n) of section
2 of the Act shall ensure that children admitted in pursuance of clause
(c) of section 12 (1) of the Act shall not be discriminated from the rest of
the children in any manner pertaining to entitlements and facilities such
as text books, uniforms, library and Information and Communication
Technology (ICT) facilities, extra- curricular activity and sports.

9. Proof of Residence:

(1) Any of the following documents may be taken for proof of Residence to
decide whether the child belongs to the neighbourhood or not:

(a) Ration Card,

(b) Pattadar Pass Book,

(c) Electricity Bill,

(d) House-Tax Receipt or extract of the House-Tax register maintained

by the Gram Panchayat / Municipality / Corporation.

(e) Telephone Bill if any or any other document as specified by the

Government from time to time

(2) The areas or limits of neighbourhood specified in sub-rule (1) of rule

shall apply to admissions made in pursuance of clause (c) of sub-section
(1) of section 12 of the Act;

Provided that if the requisite percentage of seats for c h i l d r e n

referred to in clause (c) of sub-section (1) of section 12 of the Act is not
filled up, the area or limits shall extend to 3 kms for the purpose.
Provided further that the school may, for the purposes of filling up the
requisite percentage of seats for children referred to in clause (c) of sub-
section (1) of section 12, extend the limit with prior permission of the
District Educational Officer.

Provided further that before extending the limits of the local area, the
Mandal Educational Officer shall ensure that all the seats in the

45
 Government School have been filled up.

(3) The Chairperson of the School Management Committee shall maintain

a list of the children belonging to disadvantaged groups and weaker
sections in the neighbourhood area of every private school and specified
category schools within his/her jurisdiction.

(4) The following order of preference shall be followed by the schools

covered by sub. Clauses II, III, IV of Clause (n) of Section 2 of the Act in
admitting the children referred to in clauses (b) and (c) of sub section (1)
of section 12 of the said Act.

(a) Disadvantaged groups:

Orphans, HIV affected and disabled = 5%

SC = 10%

ST = 4%

(b) Weaker sections which includes others

viz., BC, Minorities, OCs (whose annual
income does not exceed Rs. 60,000/-
per annum) = 6%

Total = 25%

Note : 1) The above arrangement of reservation in sequential order is

applicable to private schools in plain areas. Where orphans, HIV
affected and disabled are not available or available only to a
certain extent such vacancies will be filled by STs and SCs. After
exhausting all applications for admission of Orphans, HIV
affected and disabled, SC and ST if any seats remain unfilled
such seats will be added to the percentage of weaker sections.

2) In Tribal areas, all ST children should be admitted first. After

exhausting applications of ST children, SC children may be

46
 admitted. After exhausting the SC, the remaining seats will be
filled by others.

3) In Minority institutions, all candidates belonging to minority

concerned should be considered for filling first. After exhausting
applications of Minorities the left over seats may be filled in the
order of ST, SC and BC.

10. Reimbursement of per-child expenditure by the State Government

(1) The total annual recurring expenditure incurred by the State

Government, whether from its own funds, or funds provided by the
Central Government, on elementary education in respect of all schools
established, owned or controlled by it or by the local authority, divided
by the total number of children enrolled in all such schools, shall be the
per-child expenditure incurred by the State Government.

Explanation – For the purpose of determining the per-child expenditure,

the expenditure incurred by the State Government or local authority on
schools referred to in sub-clause (ii) of clause (n) of section 2 of the Act
and the children enrolled in such schools shall not be included.

(2) Every school referred to in sub clause (iv) of clause (n) of section 2 shall
maintain a separate bank account in respect of the amount received by
it as reimbursement under sub-section (2) of section 12.

(3) There shall be a committee at the state level comprising Secretary

Finance, Principal Secretary Primary Education, Principal Secretary/
Secretary School Education, Commissioner and Director of School
Education, State Project Director Rajiv Vidya Mission (Sarva Shiksha
Abhiyan) and a representative of private school managements as
nominated by their association, and representatives of two prominent
NGOs, nominated by the Government for the purpose of assessing per
child expenditure incurred by the state and the local authority for
reimbursement of expenditure to the schools under sub-section (2) of
section 12 of the Act.

47
(4) The committee shall meet within three months from its constitution and
thereafter every year in December to assess per child expenditure for
the next academic session.

(5) The State Project Director Rajiv Vidya Mission (Sarva Shiksha Abhiyan),
on the basis of the decision of the committee, shall communicate to the
District Educational Officer the per child expenditure for the
reimbursement of the fee against the reservation of children in the schools
under section 12 of the Act, read with section 8 and 9 of the Act; Provided
that where such school is already under obligation to provide free
education to a specified number of children on account of it having
received any land, building, equipment or other facilities, either free of
cost or at a concessional rate, such school shall not be entitled for
reimbursement to the extent of such obligation.

(6) The reimbursement will be made directly, by way of Real time Gross
Settlement (RTGS) / National Electronic Fund Transfer (NEFT) in the
separate bank account maintained by the school in two installments
during the academic year. First installment of 50% will be reimbursed
in the month of September and the balance will be reimbursed in the
month of January.

(7) The school, shall in the month of July, submit the list of the students
admitted in the school under section 12 of the Act, to the District
Educational Officer for reimbursement. The District Educational Officer
shall verify or cause to be verified the enrolment of the children before
making the reimbursement of the first installment. He/she shall
reimburse the final installment in the coming January again after
verification of the enrolment of children, attendance of every child
subject to a minimum of 80% attendance every month and student
learning outcomes.

(8) The school wise names of the students admitted in the private schools
and the specified schools under section 12 of the Act shall also be
maintained in the electronic form and will be displayed in a manner as

48
 determined by the Committee constituted under sub-rule (3) of rule 9
above.

11. Birth Certificate for Admission

Wherever a birth certificate under the Registration of Births and Deaths

Act 1969 is not available, anyone of the following documents shall be deemed
to be proof of age of the child for the purposes of admission in schools:–

(a) Hospital/ Auxiliary Nurse and Midwife (ANM) register record

(b) Anganwadi record

(c) Self declaration by the parent or guardian

12. Normal period of Admission.

The normal period of admission into any school, for the purposes of
this Act, shall be from 12th June to 31st August of the academic year, it includes
any admissions made prior to this period for the academic year commencing
from the 12th of June or any other date notified by the Government for that
year.

13. Extended Period of Admission

(1) Extended period of admission shall be three months from the date of
closure of the normal period of admission.

(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 of the school.

14. School Recognition

(1) Every school, other than a school established ,owned or controlled by

the Central Government, the State Government or the local authority,
established before or after the commencement of the Act for imparting
elementary education shall make an application cum self-declaration
in Form-l as shown in the appendix, within a period of three months

49
 from the commencement of the Act, to the District Educational Officer,
who shall be the designated authority to issue certificate of recognition
to the school under section 18 of the Act. The application shall also
mention the neighbourhood area of the school that shall be covered
under the provisions of clause (c) of sub-section-2 of Section 12 of the
Act. The application addressed to the District Educational Officer shall be
submitted to him/her through the Mandal Educational Officer. The
school, at first, shall furnish information in the electronic form on the
website maintained for the purpose so that the school information is
immediately put on the public domain. The school shall get a receipt
and registration number after filing the data in the website. Thereafter,
the school shall submit the application form along with the copy of the
receipt to the Mandal Education Officer who shall acknowledge receipt
of the application.

(2) The District Educational Officer may inspect or may cause to be

inspected the school to verify if the school seeking recognition fulfills
the norms and standards prescribed under section 19 of the Act. The
District Educational Officer and the inspecting authority, if it is other
than the District Educational Officer, shall have power to seek
information relevant for the grant of the recognition and to make
inspection of the records to verify the information submitted in the
application form seeking recognition.

(3) The Mandal Educational Officer or a team of such officers as may be

prescribed by the District Educational Officer shall verify the information
submitted by the school in the application form and send the application
form in original along with his / their report to the District Educational
Officer for consideration within a week of receipt of the application.

(4) The District Educational Officer, on being satisfied that the school fulfills
the norms and standards prescribed under section 19 and section 25 of
the Act, shall issue the recognition certificate in Form-2 as shown in the
appendix. The certificate shall be for a period of three years and shall
be issued within 30 days from the date of making application for
50
recognition. The certificate of recognition shall be issued subject to
following conditions:

(a) 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;

(b) The school is not run for profit to any individual, group or
association of individuals or any other persons;

(c) The school conforms to the values enshrined in the Constitution;

(d) The school is open to inspection by any officer authorized by the

State Government/ Local Authority;

(e) The school buildings or other structures or the grounds are used
only for the purposes of education and skill development;

(f) The school shall furnish such reports and information as may be
required by the State Government, Commissioner and Director
School Education and District Educational Officer from time to time
and comply with such instructions of the State Government/ Local
Authority as may be issued to secure the continued fulfillment of
the conditions of recognition or the removal of deficiencies in working
of the school;

(g) The school shall maintain norms and standards specified under
section 19 of the Act.

(h) The school shall give reservation of minimum of 25% in class I for
the children of disadvantaged groups and children of weaker
sections from the neighbourhood area .In case the private school is
an aided school it shall provide free and compulsory elementary
education to such proportion of children admitted therein as its
annual recurring aid or grants so received bears to its annual
recurring expenses, subject to a minimum of 25%.

51
 (i) The school having pre-school education shall also give reservation
of at least 25 % of its enrolment at the initial stage of admission to
the children of disadvantaged groups and the children of weaker
sections of the neighbourhood area under section 12 of the Act;

(j) The school shall submit, every year, before commencement of the
academic session, fee to be charged from the children to the District
Educational Officer.

(k) The school shall comply with the provisions of the Act;

(l) The recognition shall be withdrawn in case of violation of the

conditions of recognition.

15. Provisional Certification

Should a school fail to fulfill the following norms:

(1) Pupil - teacher ratio as specified in section 25 of the Act, the District
Educational Officer shall issue a provisional certificate granting
permission to run the school for a period up to six months from the
date of commencement of the Act. The provisional certificate -shall be
issued in the Form-3 as shown in the appendix. On expiry of the period
of six months the school shall maintain the Pupil- Teacher Ratio as
specified by the Act.

(2) if a school fulfills norms mentioned in section 25 of the Act, but does
not fulfill other norms and standards specified in the schedule of the
Act the District Educational Officer shall issue a provisional certificate
granting permission to run the school for a period up to three years
from the date of commencement of the Act .The provisional certificate
shall be issued in the Form-4 as shown in the appendix. Provided that if
the school fulfills the required norms and standards within the time
frame specified in the provisional certificate, the certificate issuing
authority, on receipt of application for recognition, satisfy himself/
herself and shall issue the certificate of recognition as laid down under
sub -rule 4.
52
 Provided further that if the school does not claim recognition within
the period specified in the provisional certificate it shall be deemed to
be an unrecognised school and running of such a school shall be
punishable under section 19 of the Act.

(3) No new school shall be opened after the commencement of the Act
without obtaining recognition certificate issued under section 18 of the
Act.

(4) The recognition certificate issuing authority shall inspect or cause the
school to be inspected every year to verify fulfillment of conditions of
recognition.

16. Withdrawal of Recognition

Where a school contravenes the conditions of recognition or any

provisions of the Act the authority issuing the certificate of recognition shall
issue show cause notice of withdrawal of recognition. The school shall be
given at least one month time to file the reply. If the authority is not satisfied
with the reply, the school shall be given opportunity of hearing before taking
a decision on withdrawal of recognition. The order of withdrawal shall be
in writing. The order of de-recognition shall be operative from the
immediately succeeding academic year. The order will be a speaking order
and it shall contain the name/names of the neighbourhood school /schools
where the children of the de-recognised school will be admitted.

17. Appeal

Appeal against the order issued under sub rule (5) or sub rule (8)
may be filed before the Collector of the district within 15 days from the date
of receipt of the order. The Collector shall, at first, decide admissibility of
the appeal and once the appeal has been admitted for hearing, the order
under appeal shall remain suspended till the final decision of the appeal.
The Collector, after giving opportunity of hearing to both the parties, will
pass the order within two months from the date of filing of appeal. The
order of the Collector shall be final.

53
18. Revision

(a) A revision shall lie to the Commissioner and Director of School

Education, against the orders passed by the Collector withdrawing
recognition of any school.

(b) It shall be filed within (30) days of the date of receipt of the orders passed
by the appellate authority.

(c) Information of recognition of any school will be sent to the local authority
i.e. to the urban local body in case the school is situated in the urban
area and to the Gram Panchayat in case the school is situated in the
rural area, so that local public representatives have knowledge of
establishment of recognised private school.

19. School Management Committee

A School Management Committee (SCHOOL MANAGEMENT

COMMITTEE) shall be constituted in every school, other than an unaided
school, within its jurisdiction, within six months of the commencement of
the Act and reconstituted every two years.

(2) The composition of the committee will be as follows-

(a) The committee in case of a primary school shall be a 27 member

committee. Of them 24 members shall be from the mother / father
or guardian of the children enrolled in the school. One member
shall be the elected representative one member may be the nominee
of the mahila samakhyas of the village concerned. The head teacher
or the in charge head teacher of the school shall be ex-officio member/
convenor of the committee.

(b) In the primary school, members will be selected as follows-

(i) mother / father or guardian of each of such child who has secured
highest percentage of marks in the annual examination of the
preceding academic session in class I, II, III, and IV;

54
 (ii) mother / father or guardian of each of such child who has secured
lowest percentage of marks in the annual examination of the
preceding academic session in class I, II, III, and IV;

(iii) mother / father or guardian of children one each belonging to

scheduled castes, scheduled tribes and other backward classes
and muslim minority categories who have secured highest
percentage of marks in their respective category in the annual
examination of the preceding academic session in classes I to IV
thus taking four parents of the categories noted above from each
class.

(iv) Corporator / Councillor of the ward in urban areas and one

member of the ward of the Gram Panchayat in rural areas incharge
of education, where the school is situated;

(v) Head teacher or the in charge head teacher of the school shall be
the member convenor.

(vi) An eminent educationist or a philanthropist or a person who

supports the school in the neighbourhood or an eminent NGO
representative as co-opted by the School Management Committee.

(vii) There shall be at least two children in the committee one of

them may be a girl child in case of a school running in co-
educational mode, who shall be special invitees. Provided that
50% of the members of the School Management Committee shall
be women.

(c) In an upper primary school, having primary section also, in addition

to the categories noted above, additional members will be selected
as follows-

(i) Mother / father or guardian of each of such child who has secured
highest marks in the annual examination of the preceding
academic session in classes V and VI.

55
 (ii)Mother / father or guardian of each of such child who hassecured
lowest marks in the annual examination of the preceding
academic session in classes V and VI.

(iii) Mother / father or guardian of children one each belonging to

scheduled castes, scheduled tribes, other backward classes and
muslim minority categories who have secured highest
percentage of marks in their respective category in the annual
examination of the preceding academic session in classes V and
VI.

(iv) Corporator/Councilor of the ward in urban areas and one

member of the ward of the Gram Panchayat in rural areas, where
the school is situated;

(v) Head teacher or the in charge head teacher of the school shall be
the member convenor.

(vi) There shall be at least two children in the committee one of

them may be a girl child in case of a school running in co-
educational mode, who shall be invitees.

(3) The Sarpanch shall be the chairperson of the School Management

Committee in rural areas and in Municipal areas the concerned
Councilor / Corporator shall be the Chairperson of the School
Management Committee, of the schools falling in their respective
jurisdictions.

(i) There shall be a vice- chairperson of the committee elected from

amongst the members.

Provided further that if the chairperson is not from the

scheduled castes, or scheduled tribes or other back ward classes,
the vice chair person shall be from any of these classes.

(4) The Vice Chairperson shall be elected from amongst the members of
the committee representing the parent community.

56
 Provided that the members representing the local bodies and the head
teacher or the incharge head teacher shall not be eligible for participating
in election or they will have any voting right.

(5) The School Management Committee shall meet at least once a month
and the minutes and decisions of the meetings shall be properly
recorded and made available to the public.

(6) The School Management Committee shall, in addition to the functions

specified in clauses (a) to (d) of sub-section (2) of section 21, perform
the following functions:

(a) Arrange to demonstrate learning outcomes of the children in the

areas of reading, writing, simple arithmetic and comprehension,
picking the children at random from each class and shall also pay
attention to student absenteeism and teacher absenteeism and take
steps to reduce the absenteeism of children in particular.

(b) Arrange to maintain a list of all children in the neighbourhood who

are in the age group of 6-14 years and shall take effective steps to
enroll the out of school children.

(c) Ensure the implementation of clauses (a) and (e) of section 24 and
section 28.

(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 prescribed

in the Schedule;

(f) Bring to the notice of the local authority any deviation from the
norms and standards relating to rights of the child, in particular,
mental and physical harassment of children, denial of admission,
and timely provision of free entitlements as per sub-section (2) of
section 3.

57
 (g) Identify the needs, prepare a Plan, and monitor the implementation
of the provisions of Section 4.

(h) Monitor the identification, enrolment and facilities for learning by

disabled children, and ensure their participation and completion
of elementary education.

(i) Monitor the implementation of the Mid-Day Meal in the school.

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

(7) Any money received shall be credited to the bank account of the School
Management committee. The account shall be the joint account of the
chairman and the convenor of the committee. The account will be made
available for audit when ever required. At the end of each year utilization
certificate shall be submitted to the authority releasing the grants.

(8) The committee shall also get the accounts audited by either a chartered
accountant or a local fund auditor or an auditor from the cooperative
department.

20. Preparation of School Development Plan

(1) The School Management Committee shall prepare a school development

plan in the month of November each year by calling a Gram Sabha
involving all the parents of the children enrolled in the school, the local
peoples’ representative of the Panchyat Raj institutions, the Mahila
Samakhyas and also inviting a representative of a prominent NGO
working in the field of education in the neighbourhood area of the
school, if any.

(2) The school development plan, shall contain the following components:

(a) Estimates of class-wise enrolment for each year;

(b) Requirement of the number of additional teachers, including head

teachers, subject teachers and part time teachers, separately for

58
 Classes I to V and classes VI to VIII, calculated with reference to the
norms specified in the Schedule;

(c) Physical requirement of additional infrastructure and equipments

calculated with reference to the norms and standards specified in
the Schedule;

(d) Special focus on school sanitation, School safety, Health & Hygiene,
Early detection of disability and intervention plan;

(e) Additional financial requirement, year-wise, in respect of (b) and

(c) above, including additional requirement for providing special
training facility specified in section 4, entitlements of children such
as free text books and uniforms, and any other additional financial
requirement for fulfilling the responsibilities of the school under
the Act.

(3) The school development plan should be signed by the Chairperson/

Vice- Chairperson and Convener of the School Management Committee
and submitted to the State Government or the Local Authority, as the
case may be, before the end of the financial year in which it is to be
prepared.

21. Salary and allowances and terms and conditions of service of teachers
of private unaided schools :

In case of teachers of private schools salary and allowances and their

terms and conditions of service shall be decided by the school management
subject to legislations and regulations, if any, in force.

22. Duties of Teachers

(1) In pursuance of the functions specified in sub-section (1) of section 24

of the Act and in order to fulfill the requirements of clause (h) of sub
section (2) of section 29.

(2) The teacher shall maintain a file containing the pupil cumulative record

59
 for every child including the record maintained while implementing
the Learning Enhancement Programme or any other programmes that
may be in force, which will be the basis for awarding the completion
certificate specified in sub-section (2) of section 30 of the Act.

(3) In addition to the functions specified in clauses (a) to (e) of sub-section

(1) of section 24, a teacher shall perform the following duties assigned
to him orher, without interfering with regular teaching:

(a) Participation in training programmes;

(b) Participation in curriculum formulation, and development of syllabi,

training modules and text book development;

23. Grievance redressal of teachers

(1) The School Management Committee constituted under section 21 shall

be the first level of grievance redressal of teachers of schools specified
therein. If the School Management Committee fails to redress the
grievance of theteacher/s a committee constituted at Mandal Parishad
level with Mandal Parishad Development Officer (MPDO) as the
chairman and the Mandal Executive Officer as convener shall sit in appeal
to redress the grievance of the teacher/s as the case may be.

(2) There shall be a District Level Grievance Redressal Committee to redress

the grievances of the teachers.

(3) The committee shall consist of the District Collector as Chairman,

Superintendent of Police, Chief Executive Officer, Zilla Parishad, District
Medical and Health Officer, Commissioner or Chief Municipal Officers
of local urban body at the district headquarters, Assistant Commissioner
Tribal Welfare and District Educational Officer. The District Educational
Officer shall be the convener of the committee.

(4) The committee shall meet once in three months.

(5) Any teacher of the school established, owned or controlled by the State

60
 Government or the local authority may submit his grievance in writing
to the convener of the committee. The grievance may also be submitted
through education portal as maintained by the Rajiv Vidya mission .The
committee may after such enquiry, as it deems fit, will redress the
grievance. The convener of the committee will communicate its decision
to the teacher.

(6) The committee, besides attending to the grievances received from the
teachers, may, on its own, review the status of the various claims and
service related matters of the teachers.

(7) Every private school shall develop its own mechanism for redressal of
grievances of its Teachers.

24. Maintaining Pupil-Teacher Ratio in each school

(1) Sanctioned strength of teachers in every school established, owned or

controlled by the State Government or the local authority shall be
specified by order in written by the Commissioner & Director of
School Education in consultation with the Rajiv Vidya Mission, within
a period of three months from the date of commencement of the Act
Provided that the Rajiv Vidya Mission and the Commissioner & Director
of School Education, shall, within six months of such order redeploy
teachers of schools having a strength in excess of the sanctioned strength
prior to the order referred to in sub-rule (1).

(2) The Rajiv Vidya Mission and the Commissioner& Director of School
Education shall review the teacher position every year before
commencement of the academic session.

(3) The State Government shall take effective steps to fill up vacancies of
teachers on a regular basis. If there is a delay in the recruitment, the School
Management Committee concerned shall be permitted to engage qualified
and trained personnel, temporarily, on consolidated remuneration as
decided by the School Management Committee to fill the time gap
between arisal of vacancy and actual placement of the teachers.

61
(4) The State Government shall cancel all such deputations of teachers where
salaries are paid by the schools but services are taken by some other
offices orinstitutions.

(5) If any person of the State Government or the local authority violates the
provisions of sub-section (2) of section 25, he or she shall be personally
liable for disciplinary action.

25. Academic Authority laying down the Curriculum and Evaluation

Procedure

(1) The State Council of Educational Research and Training (SCERT) shall
be the Academic Authority for the purposes of Section 29 of the Act.

(2) The Academic Authority notified under sub-rule (1) shall hold
consultations with the Rajiv Vidya Mission, in designing the State
curriculum framework, the school evaluation mechanism and the
Continuous Comprehensive Evaluation for all children in the schools
and it shall -

(a) Formulate the relevant and age appropriate syllabus and text books
and other learning material

(b) Develop in-service teacher training design, and

(c) Prepare guidelines for putting into practice Continuous and

Comprehensive Evaluation

(d) Develop performance indicators for the individuals and institutions

along with accountability criteria towards children’s learning levels.

(e) Undertake periodic performance appraisal of individuals and

institutions.

(f) Commission and undertake researches / studies on policies,

programmes, curriculum, learning outcomes of children etc.

(3) The Academic Authority referred to in sub-rule (1) shall design and

62
 implement a process of holistic quality assessment of all schools
including the schools referred to in clause (iv) of Sub-section (n) of section-
2 of the Act, on a regular basis.

26. Award of Certificate on completion of Elementary Education

(1) The head teacher or the in charge head teacher of the school shall issue
the certificate of completion of elementary education within one month
of the completion of elementary education in the Form-5 as shown in
the appendix. Provided that the private school shall stamp prominently
on the certificate the number of recognition certificate issued by the
competent authority.

(2) The document referred to in sub-rule (1) shall-

(a) Certify that the child has completed all courses of study prescribed
under section 29 of the Act.

(b) Contain the Pupil Cumulative Record of the child and also specify
achievements of the child in areas of activities beyond the
prescribed course of study and may include music, dance,
literature, sports, etc.

27. Constitution and Functions of Right to Education Protection Authority

(1) The State Government shall constitute an Authority viz., the Right to
Education Protection Authority (REPA) within 6 months of the
commencement of the Act.

(2) The Right to Education Protection Authority shall consist of –

(i) A chairperson who is –

(a) A person of high academic repute or

(b) Has been a judge of the High court or

(c) Has done outstanding work for promotion of rights of the children,
and

63
 (i) A chairperson who is –

(ii) Four members of whom two shall be women from the following
Areas.

(a) Education

(b) Child healthcare and Child development

(c) Juvenile justice or care of neglected or marginalized children or

children with disabilities

(d) Elimination of child labour or working with children in distress.

(e) Child psychology or sociology

(f) Legal profession

(iii) The National Commission for Protection of Child Rights (NCPCR)

Rules, 2006 shall, in so far as it pertains to the terms and conditions
of office of the Chairman and the members of National
Commission for Protection of Child Rights, mutatis mutandis,
apply to Chairperson and other members of the Right to Education
Protection Authority.

(iv) All records and assets of the Right to Education Protection

Authority shall be transferred to the State Commission for
Protection of Child Rights immediately after its constitution.

(v) In performance of its functions, the State Commission for

Protection of Child Rights or the Right to Education Protection
Authority, as the case may be, may also act upon matters referred
to it by the State Advisory Council.

(vi) The State Government shall enable constituting a Cell in the State
Commission for Protection of Child Rights or the Right to
Education Protection Authority, as the case may be, which may
assist the Commission or the Right to Education Protection

64
 Authority in performance of its functions under the Act.

28. Constitution and Functions of the State Advisory Council.

(1) The State Advisory Council shall consist of Chairperson and Co-Chair
person and thirteen members.

(2) The Minister in-charge of the Department of Primary Education shall

be the ex-officio Chairperson of the Council. The Minister in-charge of
the Department of School Education in the State Government shall be
the exofficio Co-chairperson.

(3) Members of the Council, shall be appointed by the State Government

from amongst the persons having knowledge and practical experience
in the field of elementary education and child development, as under:

(a) At least four members shall be from amongst persons belonging to

SCs, STs, OBCs and minorities taking one from each of these
categories;

(b) At least one member shall be from amongst persons having

specialized knowledge and practical experience of education of
children with special needs;

(c) At least one member should be from amongst persons having

specialized knowledge in the field of pre-primary education.

(d) At least one member shall be from amongst persons having

specialized knowledge and practical experience in the field of
teacher education.

(4) Fifty percent of the members i.e. six members shall be women.

(5) Principal Secretary to Government Primary Education and SSA shall be

the convener of the council. The Secretary, School Education shall be
the co-convener and the Secretary, Tribal Welfare, the Secretary, Social
Welfare, the Secretary, BC Welfare, the Secretary, Minority Welfare, the
Secretary, Women & Child Welfare, the Secretary, HM&FW, the

65
 Secretary, Panchayat Raj shall be special invitees to the meetings of the
Council. One member each of the recognized teachers unions who are
members of Joint Staff Council shall be the special invitees.

(6) The procedure for transaction of Business of the Council shall be as

under:

(i) The Council shall meet once in three months

(ii) Quorum of the meeting of the Council shall be considered complete

if at least 50% of its members are present.

(7) The terms and conditions for appointment of members of the Council
shall be as under:

(a) Every member shall hold office as such for a term of two years from
the date on which he/she assumes office.

Provided that no member shall hold office for more than two terms.

(b) The member may be removed from his office by an order of the
State Government on the ground of proved misbehavior or
incapacity, or on the happening of anyone or more of the following
events: if the member:-

(i) Is adjudged insolvent; or

(ii) Refuses to act or becomes incapable of acting; or

(iii)Is of unsound mind and stands so declared by a competent Court;

or

(iv) Has so abused his office as to render his continuance in office

detrimental to the public interest or

(v) Is convicted for an offence by a competent Court; or

(vi) Is without obtaining leave of absence from the Council, absent

in two consecutive meetings of the Council.

66
 (c) If a vacancy occurs in the office of Members, whether by reason of his
death, resignation or otherwise, such vacancy shall be filled within
a period of (120) days by making a fresh appointment in accordance
with the provisions of sub-rule (3).

29. Repeal and Savings

(1) The existing Acts, Rules, Regulations, Executive instructions etc., issued
by the Government of Andhra Pradesh, the Commissioner and Director
of School Education, inconsistent with these Rules shall be deemed to
be void to the extent of the inconsistency.

(2) Any act of any authority, Officer or body under any Act, Rule, Executive
instruction after promulgation of the Act but before notification of these
Rules shall be saved and he/she shall be deemed to have acted under
these Rules.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
CHANDANA KHAN
PRINCIPAL SECRETARY TO GOVERNMENT
To,
The Commissioner, Printing & Stationery, Chanchalguda, Hyderabad (with a request to
publish the above notifications in the [Link] (Extraordinary) dated 05.03.2010 and to
supply 1000 copies to the Government in School Education Department
The Commissioner & Director of School Education, AP, Hyderabad
The State Project Director, Rajiv Vidya Mission (SSA), AP, Hyderabad
The Director, State Council of Educational Resource and Training (SCERT), AP, Hyderabad
Copy to :
The Secretary, Ministry of Human Resource Development, Department of School Education
Literacy, New Delhi.
The PS to [Link] to Chief Minister
PS to Hon’ble Minister (PE/SE)
PS to [Link] (PE/SE)
PS to [Link], Women Development Child Welfare and Disabled Welfare Department,
Law ( A) Department
Finance Department
All remaining HODs under the control of School Education Department SC/SF
//FORWARDED BY ORDER//
SECTION OFFICER

67
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
School Education - The Andhra Pradesh Right of Children to Free and
Compulsory Education Rules, 2010 - Amendment - Orders - Issued.

SCHOOL EDUCATION (PE-PROGS.I) DEPARTMENT

[Link].130 Dated: 09.09.2011
Read the following:-

1. [Link].20, School Education (PE-Progs.I) Dept, dated

03.03.2011.
2. From the State Project Director, Rajiv Vidya Mission, (SSA),
Hyderabad [Link].165 - 1/RVM(SSA)/B12/2009, dated.17.05.2011.
—oOo—
ORDER:-
1. In the reference 1st read above orders have been issued relating to the
Andhra Pradesh Right of Children to Free and Compulsory Education
Rules, 2010.

2. In the reference 2nd read above, the State Project Director, Rajiv Vidya
Mission, (SSA), A.P. Hyderabad has submitted proposals for
substitution/addition of certain provisions to A.P. Right of Children to
Free and Compulsory Education Rules, 2010.

3. Government after careful examination of the proposal of the State Project

Director, Rajiv Vidya Mission, (SSA), A.P. Hyderabad have decided to
amend the Andhra Pradesh Right of Children to Free and Compulsory
Education Rules, 2010 issued in [Link].20 School Education (PE-
Progs.l) Department dated 03.03.2011 suitably.

4. The following notification will be published in an Extra Ordinary issue

of the Andhra Pradesh Gazette dated 09.09.2011.

68
 NOTIFICATION

In exercise of the powers conferred by sub-section (1) of section 38

of the Right of Children to Free and Compulsory Education Act, 2009 (Act
No.35 of 2009), the Government of Andhra Pradesh hereby makes the
following amendments to the Andhra Pradesh Right of Children to Free
and Compulsory Education Rules, 2010 issued in G.O. Ms. No. 20, School
Education ([Link].I) Department dated.03.03.2011.

AMENDMENTS
In the said Rules:-

1. For sub rule (2) of rule 19, the following shall be substituted, namely:-

“(a) All Parents/Guardians of all the children studying in the school shall
elect the School Management Committee (SMC). They will elect six
parent members by majority from each class by show of hand/voice
vote/secret ballot method as shown below:-

i) Two parents from general category.

ii) One parent from each of SC, ST, BC, and Minority categories.

(b) The Number of parent members is 30 in case of Primary, 42 in case

of Upper Primary, 48 in case of Upper Primary with VIII Class and
30 in case of High School with classes VI to X in case the strength is
less than 30, then parents of all children shall be in the School
Management

Committee. The Head Teacher or the Incharge Head Teacher of the

school shall be the Member Convener. The Ward Member/Gram
Panchayat where the school is situated shall also be a member. In
case of urban areas, Corporater/Counselor of the ward concerned
shall be a member. 50% of the members shall be women. The Head
Master of the school will organize a meeting of parents/ guardians
to facilitate the election process by giving written communication to

69
 all the parents. At least 50% of the parents/ guardians should be
present for conducting the elections.

(c) An eminent educationist or a philanthropist or a person who supports

the school in the neighbourhood or an eminent NGO representative
as co-opted by the parents will be a special invitee. The Anganwadi worker
ANM of the Health sub centre of the area of the school, Head of the
local federation of the Mahila Samatha Society and 2 children who
actively involve in school activities shall also be the special invitees,
out of whom at least one shall be a girl child in case of co educational
school”.

2. In rule 22,

(i) After clause (b) of sub rule (3) the following shall be added namely:-

“(c) Every teacher is accountable for the performance of all the children
in his/her subjects/class as per the standards prescribed by the State
Academic Authority from time to time.

(d) At the end of the academic year, wherever the performance of

children in a subject/class falls below 60% of the standards prescribed
by the State Academic Authority from time to time, the class teacher/
subject teacher who has worked for the full academic year or for a
major part of the academic year shall be recommended by the local
authority concerned for imposing penalty by the appointing authority
concerned, treating this as a serious misconduct attracting anyone of
the major penalties under Rule (9) of CCA Rules.

(e) At the end of the academic year, wherever the performance of

children in a subject/class, is above 90% of the standards prescribed
by the State Academic Authority from time to time, the class teacher/
subject teacher who has worked for the full academic year or for a
major part of the academic year, and in case where there are no
complaints of’ misconduct as defined under rule 22 (4) shall be

70
 recommended by the local authority concerned for the best teacher
award at the district/state level to the concerned authority.”

(ii) After sub rule (3) the following shall be added namely:-

(4) Any violation of Section 17 (1) of the Act shall be treated as a serious
misconduct attracting anyone of the major penalties under Rule 9 of the
Andhra Pradesh Civil Services (CCA) Rules 1991 as well as action as per
section 323 of the Indian Penal Code 1860.

3. In rule 25 in sub rule (2),

“(a) In clause (d) after the words “Individuals” the word “Teachers”
shall be inserted.

(b) In clause (e) after the word “Individuals” the word “Teachers” shall
be inserted”.

4. After rule 28, the following shall be added namely:

“28 A Grievance and redressal of children

(1) The Gram Panchayat shall be the first level of grievance redressal of
children, parents and the public.

(2) A committee shall be constituted at Mandal Parishad Level with

MPP as a Chairman, MPDO as member and Mandal Education Officer
as convener and shall act as appellate authority on the orders of the
Gram Panchayat.

(3) There shall be a District Level Grievance Redressal Committee to

redress the grievance of the children, parents and public as second
appellate forum.

(4) The District Level Grievance Redressal Committee shall consist of

the Zilla Parishad Chairperson as Chairman, District Collector, Chief
Executive Officer of Zilla Parishad, Project Officer of Rajiv Vidya

71
 Mission, Project Director of Integrated Child Development Scheme;
Commissioner of Local Urban Body, Deputy Commissioner of
Labour, Project Director of District Rural Development Authority,
Deputy Director of Social Welfare, District Medical and Health
Officer, Deputy Director of Tribal Welfare, B.C. Welfare Officer as
members and District Educational Officer as the member convener.
The District Level Grievance Redressal Committee shall meet at
least once in a month. It may meet as and when required based on
the Grievances received.

(5) There shall be a State Level Committee comprising of Principal

Secretary (Primary Education) and Principal Secretary (Secondary
Education), State Project Director, Rajiv Vidya Mission, (SSA) and
Commissioner and Director of School Education.

(6) The list of entitlements along with the details of grievance redressal
authority and appellate authority is at Annexure-I. The procedure
of grievance redressal mechanism is at Annexure-II”.

5. The Commissioner & Director of School Education, AP, Hyderabad

and the State Project Director, Rajiv Vidya Mission (SSA), AP,
Hyderabad shall take necessary action accordingly.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

CHANDANA KHAN
PRINCIPAL SECRETARY TO GOVT. (PE)
To
The Commissioner, Printing & Stationery, Chanchalguda, Hyderabad
(with a request to publish the G.O. in the [Link] (Extraordinary)
Dt: 09.09.2011 and supply 1000 copies to the Government in School
Educational Department.)
The Commissioner& Director of School Education, A.P, Hyderabad.
The State Project Director, Rajiv Vidya Mission (SSA), AP, Hyderabad.

72
The Director, State Council of Education Resource and Training (SCERT),
AP, Hyd.

Copy to:
The Secretary, Ministry of Human Resource Development, Department of
School Education and Literacy, Govt. of India, New Delhi.
The PS to Spl. Secretary to Chief Minister
PS to Hon’ble Minister (Primary Education/Secondary Education)
PS to Prl. Secretary (Primary Education/Secondary Education), A.P. Secretariat.
PS to Prl. Secretary, Women Development Child Welfare and Disabled
Welfare Department
Law (A) Department
Finance Department
All remaining HODs under the control of School Education Department
SC/SF.

// FORWARDED:: BY ORDER //

SECTION OFFICER

73
 Annexure — I

ENTITLEMENTS, IMPLEMENTING AUTHORITY,

APPELLATE AUTHORITY FOR RTE IMPLEMENTATION
S. Implementing Grievance Appellate
Entitlements Sec. redressal
No authority authority
authority
1 Text Books Rule 6(1) Headmaster MEO DEO
2 Uniforms Rule 6(1) Headmaster MEO DEO
3 Writing material Rule 6(1) Headmaster MEO DEO
4 Library Rule Rule 6(1) Headmaster MEO DEO
5 Sports Equipments Rule 6(1) Headmaster MEO DEO
6 Play Material Rule Rule 6(1) Headmaster MEO DEO
7 Mid day meals Rule Rule 6(1) Headmaster MEO DEO
8 Separate toilets for girls Rule 6(1) PO, RVM & SPD/Principal SCPCR
and boys SE, RWS Secretary, RWS
9 Drinking water Rule 6(1) PO, RVM and SPD/Principal SCPCR
SE, RWS Secretary, RWS
10 Free Education till Rule 3(1) Headmaster MEO DEO
completion of
elementary stage
11 Transfer Certificate Rule 5(1) Headmaster MEO DEO
12 Admission to age Rule 4 Headmaster MEO DEO
appropriate Class
13 Transportation Rule 5(4) MEO DEO/PO SPD
14 Residential facilities Rule 5(4) PO SPD SPD
15 Seasonal hostels Rule 7(8) MEO DEO/PO SPD
16 On site schools Rule 7(9) MEO DEO/PO SPD
17 Opening of more Rule 5(5) MEO DEO RJDSE
sections in areas with
more population
18 Home based education Rule 5(7) MEO DPO SPD
for CWSN

74
S. Implementing Grievance Appellate
Entitlements Sec. redressal
No authority authority
authority
19 Special intervention Headmaster MEO PO, RVM
for CWSN
20 i) Provide infrastructure Rule 8 (d) PO, RVM SPD SCPCR
including school building
& learning equipment.
ii) Teaching staff Rule 8 (d) DEO C & DSE SCPCR
22 No Discrimination Rule 9 (c) Headmaster MEO Dist. Collector
23 Maintaining records Rule 9 (d) SMC MEO DEO
upto 14yrs
24 Monitor attendance & Rule 9 (e) Headmaster Sarpanch with MEO
Completion of Grampancha-
elementary education yath Body
25 Special Training for OSC Rule 9(g)&4 MEO DEO / PO SPD
26 Good quality elementary Rule 9 (h) Concerned SMC MEO
education teacher
27 Curriculum reforms & Rule 9 (i) SCERT C&DSE SCPCR
revision of text books
(Preparation of
Curriculum & Courses
of Study)
28 Training of Teachers Rule 9 (j) MEO DEO/ DPO SPD
29 Ensuring admission Rule 9 (k) MEO DEO / DPO RJDSE
of children of migrant
families
30 Monitor functioning Rule 9 (l) MEO Gram- MPDO
of schools panchayath
31 Decide Academic Rule 9 (m) MEO DEO C&DSE/ SPD
Calendar
32 Admission of a child Rule 10 Headmaster MEO Mandal
in School1. Parishad/
MPDO in the
absence of the
elected body

75
S. Implementing Grievance Appellate
Entitlements Sec. redressal
No authority authority
authority
33 Admission in Aided Headmaster MEO/[Link] DEO
School
34 Admission in Private Rule 12 (c) MEO DEO RJDSE
Schools–25% Seats
35 Admission in specified MEO DEO RJDSE
category schools
36 Extended period of Rule 13 Headmaster MEO DEO
admission
37 Screening Procedure Rule 13 (1) Headmaster Gram- Mandal
panchayath Parishad
38 No fees Rule 13 (1) Headmaster Gram- Mandal
panchayath Parishad
39 No capitation fee Rule 13 (1) Headmaster Gram- Mandal
panchayath Parishad
40 Proof of age for Rule 14 (1) Headmaster MEO DEO
admission
41 No denial of admission Rule 14(2) Headmaster MEO DEO
because of lack of age & 15
proof
42 No detention Rule 16 Headmaster MEO DEO
43 No expulsion Rule 16 Headmaster Gram- DEO
panchayat
44 No-Corporal Punishment Rule 17 (1) Headmaster Gram- DEO
panchayat
45 No Mental Harassment Rule 17 (1) Headmaster MEO DEO
46 No unrecognized school Rule 18 (1) MEO DEO RJDSE
47 Minimum norms & Rule 19 Headmaster MEO DEO
standards of school
48 School Management Rule 21 Headmaster Gram- Mandal
Committee functioning panchayath Parishad
49 Preparation of School Rule 21(2) Headmaster MEO DEO
Development Plan (SDP) (b)

76
S. Implementing Grievance Appellate
Entitlements Sec. redressal
No authority authority
authority
50 Monitor utilization of Rule21 Headmaster Gram- DEO/DPO
grants2 (2) (c) panchayath
51 Teacher regularity & Rule 24 Concerned Gram- MEO
Punctuality to schools (1) (a) Teacher panchayath
52 Conduct & Complete Rule 24(1) Concerned Headmaster MEO
curriculum (b)&(c) Teacher
53 Assess learning ability Rule 24 Concerned Headmaster MEO
& supplement (1) (d) Teacher
additional instructions
if required
54 Teacher Pupil Ratio Rule 25(1) DEO C&DSE SCPCR
& (2)
55 Appointment of Rule 26 DEO C&DSE SCPCR
teachers and others
56 Prohibition of Rule 27 MEO DEO C&DSE
deployment of teachers
for non- educational
purpose
57 Prohibition of private Rule 28 Headmaster MEO DEO
tuitions
58 Prescribed System of Rule 29(1) Director, C&DSE SCPCR
Evaluation (CCE) SCERT
59 Completion Certificate Rule 30 (2) Headmaster MEO DEO
60 No Board Examination Rule 31 DEO C&DSE SCPCR
61 Appropriate teaching Teacher MEO Director,
methods SCERT
62 Conducting of regular Headmaster Gram- Mandal
Meeting of SMC panchayat Parishad
63 Developing desired Teacher Headmaster MEO
competencies among
children

77
 Annexure — II
Procedure for Grievance Redressal

1. Receipt of grievance:

The designated officers at all levels will received the grievance from
stakeholders. The grievances may be sent / submitted by post, e-mail, fax,
telephone, toll free, in person in the prescribed format, which is available
with all the designated officers. However, it is not mandatory to furnish the
grievance in prescribed format. After receipt of grievance, the designated
officers shall issue an acknowledgement to the applicant.

2. Recording the grievance:

As soon as the application for grievance is received, the details shall

be recorded in a prescribed Register. The register shall be made available to
the inspecting officers / observers / State Commission for Protection of Child
Rights etc., for their observation and further guidance.

3. Disposal of grievance:

The designated officer shall take necessary steps for disposal of the
grievance within the time frame as specified in the acknowledgement. If
necessary, investigation / enquiry may be made publicly to ensure
transparency. An officer, not below the rank of the person against whom the
grievance is arises shall be appointed as investigation officer. The maximum
time limit for the disposal of any grievance should not exceed 2 months
from the date of the receipt if the grievance. Though the time limit is 2 months,
the grievance shall disposed off as early as possible depending on the nature
of grievance. Immediately after the process of
redressal is over, the decision shall be communicated to the applicant in the
shape of a letter in the prescribed format.

78
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
School Education – The Andhra Pradesh Right of Children to Free and
Compulsory Education Rules, 2010 – Amendment – Orders – Issued.
__________________________________________________________________
SCHOOL EDUCATION (PE-SSA) DEPARTMENT

G.O. [Link]. 41 Dated: 19.06.2013

Read the following:-
1. The Andhra Pradesh Right of Children to Free and Compulsory
Education Rules, 2010 issued vide G.O. Ms. No. 20 School
Education (PE-Progs.I) Department, dated 03.03.2011 and notified
in Gazette No. 10 dated 05.03.2011.
2. G.O. Ms. No. 130 School Education (PE-Progs.I) Department, dated
09.09.2011 notified in Gazette No. 42 dated 09.09.2011.
3. From the State Project Director, RVM(SSA), A.P., Hyderabad, Lr.
Rc. No. 103/RTE CELL/10/12, dated: 30.11.2012 & 01.03.2013

—oOo—
O R D E R:-

1. The Andhra Pradesh Right of Children to Free and Compulsory Education

Rules, 2010 under the provisions of the Right of Children to Free and
Compulsory Education Act, 2009 (Act No. 35 of 2009) were notified in
the supplement to part-I Extraordinary of A.P. Gazette No. 10 dated:
05.03.2011.
2. The amendment to the said Right of children for Free and Compulsory
Rules 2010 was notified in Extraordinary of Andhra Pradesh Gazette No.
42 dated: 14.09.2011.
3. In the letter 3rd read above, the State Project Director, RVM(SSA), A.P.,
Hyderabad, has submitted proposals for substitution / addition of certain
provisions to Andhra Pradesh Right of Children to Free and Compulsory
Education Rules, 2010.
79
4. Government after careful examination of the proposal of the State Project
Director, RVM(SSA), A.P., Hyderabad, have decided to amend the Andhra
Pradesh Right of Children to Free and Compulsory Education Rules,
2010 issued vide G.O. Ms. No. 20 School Education (PE-Progs.I)
Department, dated 03.03.2011 and G.O. Ms. No. 130 School Education
(PE-Progs.I) Department, dated 09.09.2011 suitably.
5. The Commissioner & Director of School Education, A.P., Hyderabad and
the State Project Director, RVM (SSA), A.P., Hyderabad shall take
necessary action in the matter.
6. The following notification will be published in an Extra Ordinary issue
of the Andhra Pradesh Gazette dated 24.06.2013.

NOTIFICATION

In exercise of the powers conferred by sub-section (1) of section 38 of

the Right of Children to Free and Compulsory Education Act, 2009 (Act No.
35 of 2009), the Government of Andhra Pradesh hereby makes the following
amendments to the Andhra Pradesh Right of Children to Free and
Compulsory Education Rules, 2010 issued in G.O. Ms. No. 20 School
Education (PE-Progs.I) Department, dated 03.03.2011, as subsequently
amended from time to time.

AMENDMENTS

In the said Rules:-

1. for rule 1, the following shall be substituted, namely:-
Short title: These Rules may be called “The Andhra Pradesh Right of
Children to Free and Compulsory Education Rules, 2010’ or ‘APRTE
Rules, 2010’.
2. In sub rule (1) of rule 3 : -
(i) for clause (12), the following shall be substituted, namely :-
“(12) ‘Elementary School’ means a school that imparts education between
first and eighth class either exclusively or in addition to education in
other classes, and includes a High School or any other school by

80
 whatever name, in so far as the elementary education imparted by
it.”
(ii) for clause (13), the following shall be substituted, namely :-
“(13) ‘Free Education’ means and includes providing elementary
education to all children with no direct or indirect costs like fees/
capitation fees, etc.”
(iii) for clause (15), the following shall be substituted, namely :-
“(15) ‘Local Authority’ means as defined in the Act, and includes Mandal
Praja Parishads and Gram Panchayats, as the case may be in their
respective jurisdictions.”
(iv) for clause (20), the following shall be substituted, namely :-
“(20) ‘Primary school’ means a school or part of a school that imparts
education between class I and V and ‘Upper primary school’ means
a school or part of a school that imparts education between class VI
and VIII.
3. In sub rule (1) of rule 5 :-
(i) for clause (a), the following shall be substituted, namely :-
“(a) In respect of children in classes I-V, a school shall be established
within a walking distance of one kilometer of the neighbourhood
taking into consideration the population of at least 20 school-going
children in the locality, to make the school viable and ensure
quality.”
(ii) for clause (b), the following shall be substituted, namely:-
“(b) In respect of children in classes VI-VIII, a school shall be established
within a walking distance of three kilometer of the neighbourhood
taking into consideration the population of the school-going children
in the locality, to make the school viable and ensure quality.”
4. In rule 19 -:
(i) For sub rule (1), the following shall be substituted, namely:
“(1) (a) The School Management Committee (SMC) shall be constituted

81
 in every school, other than an unaided school, within its
jurisdiction, within six months of the commencement of the Act;
(b) The school having both primary and upper primary classes shall
have one SMC for the entire school;
(c) In case of schools having classes for both elementary and
secondary education, separate School Management Committee
shall be constituted for the elementary section which may be
styled as ‘upper primary School Management Committee’ of the
corresponding school;
(d) The School Management Committee once constituted shall exist
perpetually until its abolition or merger, to be authorized by the
Mandal Education Officer in case of Primary Schools and the
DEO in case of other schools. However members will retire as
per their terms. The resultant cyclical and casual vacancies shall
be filled within reasonable time as prescribed by the
Implementation Authority.”
(ii) in sub rule (2):-
(a), for clause (a), the following shall be substituted, namely:-
“(a). The composition of the Committee will be as follows :
Elected members:
(1) Three parents/guardians elected by parents/guardians of
children in each class, of whom at least one person is parent/
guardian of a child from the disadvantaged group and another
person is a parent/guardian of a child belonging to weaker
sections, and two are women. Provided that, in case, the number
of children in a class is less than 6, the same shall be combined
with the next lower or higher class, such that the number of
electors in the combined class is 6 or more.
(2) The term of an elected member will be for two years, or the date
of leaving-from-the-school of the member’s child/ward, which
ever is earlier.
(3) New parent/guardian members from entry class will be inducted
82
 into the SMC to replace those parent members who will move
out of the SMC when their children leave school.”
(b) for clause (b), the following shall be substituted, namely:-
“(b). Ex-officio members:
(1) The Head Teacher or the in charge Head Teacher of the school
shall be the Member Convenor;
(2) Additional Teacher Member nominated by the MEO preferably
from the gender opposite to that of the Head Teacher;
(3) The concerned Corporator / Councillor / Ward Member, as the
case may be;
(4) The Anganwadi Worker(s) serving the neighbourhood area of
the school;
(5) The Multipurpose Health Worker - Female (ANM) serving the
neighbourhood area of the school;
(6) The President of Mahila Samakhya of the concerned village/
ward.”
(c). for clause (c), the following shall be substituted, namely:
“(c). Coopted members:
(e) Two school supporters from among persons who is an eminent
educationist, a philanthropist, office bearer of a voluntary
organization, an alumni or such other supporter of the school;
coopted by the elected members of the SMC.
(2) The term of coopeted members shall be two years from the date
of first meeting following the date of cooption.”
(d) After clause (c), the following shall be added, namely:-
“(d).Local-Authority-Chairperson: The concerned Sarpanch /
Municipal Chairperson / Mayor may attend any meeting of
School Management Committee in their respective areas, at his/
her discretion.”
83
 (iii)for sub rule (3), the following shall be substituted, namely:
“3. The School Management Committee shall elect the Chairperson
and the Vice Chairperson from among its elected members.
Provided that at least one of them should be a parent/guardian
of a child from the disadvantaged group or the weaker sections.
Provided further that at least one of them should be a woman.”
(iv)for sub rule (4), the following shall be substituted, namely:-
“4. (a) The Head Master of the school shall organize an annual
general body meeting of parents/guardians within one
month after the normal period of admission.
(b) All teachers working in the school and members of the School
Management Committee should be present at the annual
general body meeting of parents/guardians.
(c) The Head Teacher shall present a report on the learning
activities ofthe school in the previous academic year and the
plan for the current academic year.
(d) The Chairman SMC shall summarize school development
activities and management issues.
(e) Electors of respective classes shall elect new parent/
guardian members of SMC from entry class and also to fill
in any casual vacancy.
(f) Both parents of a child may participate in the deliberations
of the annual general body. However, only one of the parents
shall be eligible to vote for election of parent/guardian
representative to the SMC.
(g) Parents/guardians having children in different classes shall
be eligible to participate in the election process of each class.
(h) The Head Teacher shall conduct the election.
(i) At least 50% of the parents/guardians should be present
for conducting the elections.

84
 (j) Elections shall ordinarily be by show of hands or voice vote.
In extraordinary situations of unresolved contention, secret
ballot procedure may be adopted.”
(v) for sub rule (5), the following shall be substituted, namely:-
“(5). (a) The School Management Committee shall meet at least once
in two months during the academic year. The first meeting
will be around the beginning of the academic year. The last
meeting, towards end of the academic year, shall review the
academic progress and activities of the year.
(b) As and when any elected member of the SMC requests to
convene a meeting with a specific agenda, the Head Teacher
shall, with the approval of the Chairperson, either convene
a special meeting or schedule the agenda for discussion in
the next scheduled meeting.
(c) School Management Committee may constitute sub
committees, like MDM, academic review, grants and
expenditure and conduct social audit foreffective monitor-
ing and implementation of RTE.
(d) Minutes and decisions of the SMC and its Subcommittee
meetings shall be recorded and made available or read over
to all members.”
(vi) for sub rule (6), the following shall be substituted, namely:
“(6) The School Management Committee shall, in addition to the
functions specified in section 21(2) of the Act, perform the
following functions:
(a) Periodically review the outcomes of curriculum delivery in
the school and arrange to demonstrate learning outcomes of
the children in the areas of reading, writing, simple arithmetic
and comprehension, by picking the children at random from
each class and shall also pay attention to student absenteeism
and teacher absenteeism and take steps to remedy;

85
 (b) Ensure the enrolment and continued attendance of all the
children from the neighborhood in the school;
(c) Arrange to maintain a detailed list of all children including
disabled, children of migrant families living in the
neighborhood who are in the age group of 6-14 years and
shall take effective steps to enroll the out of school children
and recommend for the implementation of age appropriate
class enrolment;
(d) Review & monitor attendance & availability of teaching &
other staff of the school.
(e) Monitor the implementation of the Mid-Day Meal (MDM)
in the school;
(f) Prepare an annual account of receipts and expenditure of the
school.”
(vii) for sub rule (7), the following shall be substituted, namely:
“(7) Any money received shall be credited to the bank account of the
School Management committee. The account shall be the joint
account of the chairperson and the convener of the committee.
The account will be made available for audit whenever required.
At the end of each year, utilization certificate shall be submitted
to the authority releasing the grants.”
(viii) for sub rule (8), the following shall be substituted, namely:
“(8) The Accounts of the School Management Committee shall be
audited by the agency or team appointed for the purpose by the
Implementation Authority or its delegatee for purposes of
accounts and audit.”

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

RAJESHWAR TIWARI
PRINCIPAL SECRETARY TO GOVERNMENT (PE) (FAC)

86
To
The Commissioner, Printing & Stationary, Chanchalguda, Hyderabad
(with a request to publish the G.O. in the A.P. Gazette (Extraordinary) dated 24.06.2013
and supply 1000 copies to the Government in School Education Department.)
The Commissioner & Director of School Education, A.P., Hyderabad
The State Project Director, RVM(SSA), A.P., Hyderabad
The Director, State Council of Education Research & Training (SCERT), A.P., Hyderabad.
Copy to:
The Secretary, Ministry of Human Resource Development, Department of
School Education & Literacy, Government of India, New Delhi.
P.S. to Special Secretary to Chief Minister
P.S. to Minister (PE&SSA)
P.S. to Minister (Secondary Education)
P.S. to Chief Secretary to Government.
P.S. to Prl. Secretary to Government, Primary Education, A.P. Secretariat.
P.S. to Prl. Secretary to Government, Secondary Education, A.P., Secretariat.
General Administration (Cabinet) Department
Law (A) Department
Finance Department
All remaining HODs under the control of School Education Department
The Publicity Cell, Information & Public Relations Department, A.P.
Secretariat.
SC/SC
// FORWARDED:: BY ORDER //

SECTION OFFICER

87