H.P. ELEMENTARY EDUCATION CODE Chapter_12_2012_MDM by VIJAY KUMAR HEER

CHAPTER- XII

NATIONAL PROGRAMME OF NUTRITIONAL SUPPORT TO PRIMARY EDUCATION (NP-NSPE) – MID DAY MEAL SCHEME:-

12.1                 Introduction:

1.   The National Programme of Nutritional Support to Primary Education {NPNSPE}, popularly called Mid-Day-Meal Scheme was launched on 15th August, 1995, with the twin objectives of :-

1)  Boosting Universalisation of Primary /Upper Primary Education by increasing enrolment, retention and attendance.

2)  Simultaneously impacting on Nutritional status of children studying in I-V and VI - VIII classes.

2.   Hot cooked Mid Day Meal programme was introduced in all the Govt. / Govt.Aided Primary schools (classes 1 to V) in the state w.e.f.1.9.2004.

3.   This MDM programme  was extended to Upper primary stage to cover all the students (classes VI to VIII) of all the Middle Units of the Govt./Govt. Aided Sr. Sec. / High / Middle Schools of the state,  w.e.f. 1st July, 2008.

4.   Under this programme, hot cooked meal is cooked and served to all students present on all school days.

5.   Department   of   Elementary   Education   is   the   Designated   Nodal   Department   for implementation of the MDM Scheme.

12.2           NORMS :

Cooking/Conversion cost:

The cooking/ conversion cost is enhanced w.e.f. 1.4.2011. The revised rates are as under :

SN	Stage	Cooking / Conversion cost**
1	Primary	Rs.  2.89 per child per day
2	Upper Primary	Rs.  4.33 per child per day

**Cooking cost will be enhanced / revised by 7.5% every year.

Note:               The above cooking/ conversion cost includes:

1          Cost of Ingredients: pulses , vegetables , cooking oil , condiments etc. and fuel.

2          Local transportation charges

Budget for transportation of rice from fair price shop to respective school premises  is  being  allocated  separately  to  concerned  Block.  BEEOs  may release the funds to the concerned schools on the basis of freight rates fixed by the concerned Deputy Commissioner on PDS basis in respect of their  block.

3          Cost of Fuel: Cost of fuel is included in the cooking cost . Expenditure on this component may not be incurred from funds provided under MME / other

components.

Food Norms:

The revised food norms are as under:

SN	Items	Quantity per student per day (quantity in gms)
		Primary	Upper primary
1	Rice	100	150
2	Pulses	30	40
3	Vegetables (leafy also)*	60	85
4	Oil	5	7.5
5	Salt & ingredients	As per need	As per need

Inclusion of soya chunks:    Keeping in view the average calorific & protein value of meal served to the students, soya chunks may be included in the recipe of vegetable pulao.

The following ingredients are recommended in the preparation of vegetable pulao:

SN	Items	Quantity per student per day (quantity in gms)
		Primary	Upper primary
1	Rice	100	150
2	Vegetables (leafy also)	60	85
3	Potato	15	20
4	Soya chunks/ nutri	5	13
5	Salt & ingredients	As per need	As per need

Purchase of ingredients:            Ingredients   used   for   the   preparation   of   Mid-day-Meals   should preferably be purchased from the local farmers. Purchase of vegetable

/ other ingredients from local farmers would not only cost less but also add fresh produce to the menu.

12.3     Procedure for allocation of funds and rice:

As per MDM guidelines , the schools/ institutions should maintain  one month  buffer stock of foodgrain and funds  i.e. school should  have one month advance  ration and  also  cooking cost for one month .

To ensure the smooth implementation of scheme, the following procedure may   be  adopted for allocating / disbursing rice and funds :

Distribution of Rice:

To ensure the timely supply of rice, the rice to Block offices / Schools should be made on quarterly basis instead of monthly basis, this will considerably curtail the time taken by HPSCSC/ PDS depot holder for lifting of rice from FCI godown and making available at PDS depot.

Since, Government of India allocates the rice to the State on the basis of average enrollment, number of school days and unutilized rice lying with the concerned Institution / Block / HPSCSC. Hence, the demand of rice may be obtained from the concerned School / Block. Before making allocation the following points may be kept into consideration:

1          Enrollment   of Block / Institution.

2          No of school days.

3          Approved norms i.e. 100 gms for primary and 150 gms for Upper

Primary

4    Unutilized rice lying with the School/ Block.

(Enrollment of Block/School * No of school days in the quarter/ month * approved food norms)- unutilized rice lying with the Block/School)

Further, the copy of allocation invariably is sent to the concerned Block. The Block should send the copy of allocation to the concerned Centre Head Teacher, who may ensure that every institution / school should lift the allocated quantity of   rice   . The concerned CHT may also ensure the reconciliation of rice with the allocation made by the Deputy Director and rice is lifted by the schools under his jurisdiction on monthly / quarterly basis, as the case may be.

12.4     Distribution of budget / funds and submission of utilization certificate:

The budget of MDM Scheme is being allocated / distributed to the BEEOs through e-vitran, the web site of the Finance Department. The BEEO may release the first quarter funds without seeking the requirement of expenditure from the Schools/SMCs. Thereafter, the funds are released after taking the utilization certificate from the concerned Schools / SMC and bills submitted by the Schools / implementing agencies be settled within fortnight. Further,  the  BEEOs  may  also  ensure  that  before  sanctioning  the  next  installment,  the advances may be adjusted, if any, given to the SMCs / implementing agencies / Schools. The funds may also be distributed on quarterly basis. Before making allocation the following points may be kept into consideration:

1)         Enrollment   of Block / Institution.

2)        No of School days.

3)        Approved norms i.e.

PRIMARY = Rs. 2.89 per child per day

UPPER PRIMARY= Rs. 4.33 per child per day

4)        Unutilized funds lying with the school/ block

(Enrollment of Block/School * No of school days in the quarter/ month * approved cooking cost)- unutilized funds lying with the block/school)

The funds to the Blocks / Schools may be released through E-banking. The intimation of funds released may be send to the concerned SMC/ institution/ school.

12.5     Hiring the services of cook-cum- Helper:

The guidelines regarding hiring the cook-cum-helper under this progragramme is enclosed at

Annexure “A”.

Health checks up of cook-cum-helpers:

The preparation of meals is a sensitive and continuous process, so it is necessary that the cook-cum-helper engaged under this scheme for this purpose should be physically fit. He should not suffer from any contagious disease. Hence the health check up of cook-cum- helper may be done at initial appointment and thereafter every year.

School health Programme:

The guidelines of Mid Day Meal scheme provides that the scheme be implemented in convergence with the School Health Programme. The guidelines also provide that MID DAY MEAL SCHEME should be complemented with appropriate intervention relating to micronutrient supplementation and de-worming, through administration of:

1)     Six monthly doses for de-worming and Vitamin-A supplementation.

2)      Weekly Iron and Folic-Acid supplement, and

3)      Other appropriate supplementation depending on common deficiencies found in the local area.

12.6     Role of Mothers:

The mothers can play an important role for effective implementation, proper monitoring and supervision of the Scheme. The mothers may be encouraged to supervise the cooking and serving of food to their children. The physical presence of at least one mother could ensure good quality meal being served every day. The supervision of mothers will also lessen the dependence on the role of external supervisor.  The mothers may supervise that neat/ clean and good quality of food is being cooked and served to the students. They can also give suggestions for effective implementation of the scheme. The monthly roster for mothers is maintained in each school to ensure that they come to school turn by turn every day to supervise the Mid Day Meal Scheme. Concerned CHT will facilitate the SMCs / Schools in preparation of mother’s roster in his jurisdiction and will ensure that monthly register is being maintained in every school.

The mothers may be encouraged to see that:

1)         Ingredients used for cooking i.e. pulses, rice, vegetables, spices etc. are of good quality and properly cleaned before cooking.

2)        The utensils used for cooking are being cleaned properly before use.

3)        The food is being tasted by the teacher and mother before serving to the students.

4)        Clean and adequate drinking water is available.

5)        Students may not waste the water.

6)        Clean water is being used for preparation of meal.

Inspections:

The third party inspection of schools can be an important tool for effective implementation, proper monitoring and supervision of the Scheme. The Govt. has desired that following officers may carry out inspections in their jurisdictions:

1)  SDM

2)   Tehsildar

3)  C.D.P.O

4)   T.W.O

5)     Members of Civil society (eminent social workers, NGOs etc.   Who are playing important part in the education field / welfare of children).

The inspection proforma is enclosed at Annexure “B” and also available in the departmental website : www.himchal.nic.in/eleedu”

12.7       Role of SMC:

The SMC will be responsible to perform the following functions:-

1.   To  make  arrangements  for  hiring  the  services  of  cooks  /  helpers  at  rates  ,  as  per guidelines of the scheme.

2.   To  make  arrangements  for  procuring  /  purchasing  utensils  /  Kitchen  devices  after following all the required codal formalities.

3.   To make arrangements for proper / safe storage of all the articles purchased.

4.   The Committee will also see that the quantity of commodities purchased, are exactly as per norms given in the guidelines in view of the enrolment of the school.

5.   To check the quantity and quality of the food grains (rice) and other ingredients before preparing the meals.

6.   To ensure maximum effort to maintain cleanliness at the time of cooking / preparation of the meal, avoid wastage and maintain quality.

7.   To decide the weekly MENU under the programme and ensure that the decided menu is also adhered to and implemented in letter & spirit.

8.   It will also ensure that the weekly menu is also displayed on the school notice board.

9.  To test and taste the meals before serving to the children.

10.  There should not be any discrimination on the basis of caste/ creed and religion while serving the food to the students.

11. To ensure that local products donated by the public are of good quality.

Note: - The Committee will approve the expenditure incurred under this scheme in its meetings .

ANNEXURE I

Guidelines  for    hiring  of  services    of  Cook  cum  Helper  under  MID  DAY  MEAL Scheme by the School Management Committee in Himachal Pradresh  :-

1          Introduction:

The National Programme of Nutritional Support to Primary Education {NPNSPE}, popularly known as   Mid-Day-Meal Scheme was launched on 15th August, 1995, with the twin objectives of :-

1)      Boosting  Universalization  of  Primary  /Upper  Primary  education  by  increasing enrolment, retention and attendance.

2)     Simultaneously impacting the Nutritional status of children studying in I-V and VI

- VIII classes.

Under this scheme, hot cooked meal is served on all school days to the students present in the Govt. / Govt. Aided Primary and Middle units of Govt. Middle / High / Senior Secondary Schools.

2          Objectives:

a)        To hire cook-cum-helper by SMC for Mid Day meal in the schools. b)        To empower the SMCs for effective running of Schools.

c)         To provide an earning opportunity to the local residents especially women and weaker section to work as MDM cook-cum-helper.

3          Job profile of Cook cum Helper

1)  To arrange for procurement, supply and storage of materials for Mid Day Meals as per instructions of SMC.

2)    To obtain the strength of students present on the day and obtain the required quantity of rice and other ingredients in view of the strength of the children for whom the meal is to be cooked and served on the day.

3)    To clean, wash and remove impurities if any, from the raw material to be cooked and ensure cooking as per menu in hygienic manner and conditions.

4)  To serve the meals to the students at the designated hour in the hygenic conditions.

5)  To clean the kitchen and utensils and store the utensils in a hygienic conditions.

6)  The cook-cum-helper has also to ensure that the gas stove/cylinder has been properly switched off and the cylinder has been placed in the store taking all precautions to avoid any untoward incidents.

7)   Help in procurement / transportation of material.

8)  Any other MDMS related miscellaneous job assigned by the SMC / incharge of

Scheme.

4          Student Norms of  Engagement :

The Government of India vide letter F.No.1-1/2008-Desk(MDM) dated   24th   September  ,

2009   prescribed the norms for engaging the cook-cum-helper under this scheme, which has been implemented by the State Government vide letter No. EDN.F (4)4/2007-II dated

11.2.2010 as per following table:-

SN.	Enrolment Slabs	No. of Cook-cum-Helpers  allowed
1	1-25	1
2	26-100	2
3	101-200	3
4	201-300	4
5	301-400	5
6	401-500	6
7	501-600	7
8	601-700	8
9	701-800	9
10	801-900	10

5.         Mode of Appointment:

The appointment shall be made by the School Managing Committees (SMC) at the school level.

6          Elegibility Criteria:

Only such candidates will be eligible to apply for the post of MDM Cook cum Helper, who is:-

1)        Citizen of India.

2)         Permanent resident of the village /Gram Panchayat / Urban local body of the area, in which the school is located.

3)         The  candidates  belonging  to  such  adjacent  Gram  Panchayats  where  there  is  no GSSS/GHS/GMS/GPS shall have the opportunity with him/her to apply for the post of Cook cum helper falling vacant in the equivalent school situated in the adjacent Panchayats.

4)        Should be medically fit and free from any contagious disease.

5)        Not involved in any act of crime.

6)        Has knowledge / experience of cooking for the children.

7          Identification of Vacancies:

The Head of the Institution will identify the vacancies as per prescribed norms and report the same to the SMC.

8          Adervtisement/Notification of Vacancies:

The SMC of the concerned school will notify the vacancies. The President of the School Management Committee (SMC) will call applications for hiring services of cook cum helper against vacancy at the Gram Panchayat/ Nagar Panchayat /Urban local body level.

The vacancy may also be advertised through School Notice boards and copy be sent to the concerned Panchayat/ Urban local body.

9      Applications :

The Candidates will have to apply for the offer of services as   Cook-Cum Helper   on plain paper, to the School Managing Committee (SMC) alongwith photocopies of certificates, which shall be verified with the original at the time of interview. The candidates are also required to paste one attested pass port size photograph on the application form.

The applicant shall have to produce the medically fitness certificate from the concerned Govt. Medical Authorities. The medial fitness certificate should specifically mention that the person is free from any contagious disease.

10        Interview:

a)        The selection committee shall hold interviews by calling all the eligible candidates. b)        The selection committee shall judge the suitability of the candidates purely on merit. c)        The selection will be specific to a particular school only.

d)                   The Member Secretary of the committee will maintain complete record of the selection process.

e)                   In the interview the marks shall be awarded to the candidate out of 15 marks.   The distribution of marks shall be as under :

i.      Candidates belonging to BPL / low income group family                   = 3 marks ii.     Widow, or women deserted by the husband or otherwise destitute     =3 marks iii.     Candidates belonging to SC/ST/OBC / minority category                  = 2 marks iv.      Candidates who are from families without any member in

Government   service                                                                            = 2 marks v.      Permanent resident of village  in respect of Gram Panchyat /

ward in respect of  local bodies                                                             = 2 marks vi.      Cooking  experience                                                                             = 3 marks

Total                                                                                                       =     15 marks

11        Application of Reservation Roster:

Since this is a contractual hiring of services by the SMC for a particular school and that too for a specific period on a fixed remuneration, hence reservation roster shall not be applicable.

12       Slection Committee:

The candidates will be selected by executive committee of School Managing Committee

13.       Declaration of Results :

Based on all relevant certificates enclosed with the application, a merit list will be drawn up and  the  person  at  the  top  will  be  offered  contract      subject  to  the  verification  of  all information and certificates with original and medical fitness.

14.    Appointments :

The appointment to the selected person will be offered by the SMC. The appointment will be made on contractual basis by the SMC after executing a proper agreement between the candidate selected and President of  SMC on the prescribed form of agreement at Annexure -

1

The contractual offer will be initially for one academic year. The contract will be renewed on yearly basis keeping in view the requirement of cook-cum-helper, medical fitness and performance of the person.

15     Waiting List :

For every selected candidate, a waiting list of candidates will be prepared on merit. The waiting  list  will  be  valid  for  one  year  after  the  selection  process  is  over.  Waiting  list candidates may be offered contract, if the selected candidate does not join or he/she leaves the contract with in one year of appointment.

16      Contractual Remuneration :

The Cook cum helpers will be paid a remuneration @ Rs. 1000/- (Rupees one thousand only) per  month  during  school  days,  by  the  (SMC)  out  of  grants  made  available  by  the Government. No remuneration will be payable for vacation period.

17       Age :

The age should not be less than 18 years and not more than 60 years. The services of cook cum helper will be terminated on attaining the age of 60 years.    The age limits is to be reckoned on the first day of the year in which posts are advertised by the SMC.

18        Appointing/Disciplinary Authority :

The cook cum helper so recruited shall be employee of the SMC for all intents and proposes. The appointing/ disciplinary authority in respect of  cook cum helper  will be the Executive Committee of  SMC.

19        Terms and Conditions:

1)       Keeping in view the nature of work, the cook-cum helper should  attend the duties in all school / working days.

2)       Continuous absence beyond three days from the school without approval of member secretary / competent authority shall automatically   lead   to the termination of the services of the Cook cum helper. The Cook cum helper will not be entitled for any wages/ remuneration  for the period of absence.

3)       The cook cum helper should be medically fit and free from any contagious disease. If person found medically  unfit / suffer from any contagious disease  subsequently then his contract will be terminated .

4)       If the performance of the selected person is not found  Satisfactory / good , the SMC

shall have power to remove the person.

5)       In case , the cook-cum-helper become surplus due to revision of norms for   hiring of cook-cum-helper or  decline in the enrollment or merged from  school / institution , principle of LAST COME , FIRST GO will apply and the contract of  person selected on later date will be terminated without giving any prior notice.

20        Right to Claim Regular Appointment:

The Candidates hired as Cook cum helpers under the guidelines, by the respective SMC shall have no right to claim regularization/ absorption/ appointment as regular    employees under the State Government.

The Government of Himachal Pradesh shall have the right to relax/amend any of the terms & conditions/ provisions mentioned in the above scheme in public interest.

ANNEXURE-II

Form of Agreement To be Executed Between SMC And Cook-cum-Helper Selected Under

Mid-Day-Meal Policy

An   agreement   made   this   the                       day   of                

in   the   year

            between         

(herein  after  called  the  Cook-cum-Helper       of  the

FIRST PART’ and the President  SMC of the other part )

Whereas the SMC has engaged the party of the FIRST PART and the party of the FIRST PART has agreed to serve as Cook- cum- helper on the terms and conditions herein after contained.

WHEREBY it is agreed as follows

1.        That the Cook- cum -helper shall remain in the service of the  SMC of the School

/   institution,          Village           

Gram   Panchayat                      

for  a  period

commencing on the day of                      and ending on the day of                          

.           It is specifically mentioned and agreed upon by both the parties that the contract of employment of a part of the FIRST PART shall ipso-facto stand terminated on the last working day on                                    .  No formal notice / order by the party of the second part conveying the same shall be necessary.

2.   That the employee shall submit himself /herself to the orders of SMC and  of the officers and the authorities under whom he /she may from time to time to be placed by the SMC and shall abide by the instructions issued by the SMC from time to time .

3.         That he /she shall employ himself /herself efficiently and diligently and to the best of his/her ability as Cook cum helper and that he/she shall devote his/her time to the duties of the service and that he/she shall not absent himself/herself from his/her said duties without having obtained prior permission from the immediate

officer. The Cook cum helpers will not be entitled  to  any remuneration for the period of absence.

4.         The service of the party of the FIRST PART shall terminate as follows:- (i)        Automatically at the end of term given in the appointment letter.

(ii)       BY the SMC without previous notice, if party of the FIRST PART became surplus as per criteria / norms before the expiry of the contract.

(iii)      By the SMC without previous notice , if the SMC is satisfied on evidence   before it that the party of the FIRST PART is unfit and is likely for a considerable period to continue unfit by reasons of ill health for the discharge of his/her duties. Provided that the decision of the SMC that the party of the FIRST PART is likely to continue unfit shall be conclusively binding on the party of the FIRST PART and there upon his/her services shall be terminated.

(iv)      By the SMC or its officers having proper authority without any previous notice , if the party of the FIRST PART is on to be prima-facie   guilty of any insubordination   , intemperance, moral turpitude or other misconduct or of any breach or non-performance of any of the provisions of these presents or is otherwise found unsuitable for the efficient performance of his/her duties.

(iv)      By one month notice in writing given at any time during services under this agreement  either  by  the  Cook  cum  helper  to  the  SMC  or  by  the  competent authority to Cook cum helpers.

(v)       Provided  that  the  SMC  may  pay  the  Cook  cum  helpers  ,  one  month’s remuneration in lieu of such notice   and there upon this agreement shall stand terminated forthwith.

5.         SMC shall pay the Cook cum helpers as long as the employee shall remain on contract and actually performs the duties assigned to his/her , a consolidated remuneration of Rs. 1000/-per month / as per norms fixed time to time . No other allowances shall be admissible . No remuneration will be paid for the school vacation.

6.         In respect of any matter of which no provision has been made in this agreement or in MID-Day-Meal scheme ,shall be dealt with as per the instructions issued by the SMC  from time to time.

7.         The Cook cum helpers shall have to execute the work assigned to him/her by the competent authority other than his/her own duties in public interest .

8.         It is expressly stated and agreed to by the party of the FIRST PART that any duration of service under this agreement shall not  give him/her any right to claim for absorption in regular vacancies that exist or may arise in future in particular cadre.

9.         NOTWITHSTANDING anything herein before contained in this agreement, the Government shall be free to make departure from the terms and conditions of this agreement in the exigencies of public service or in public interest if the circumstances so warrant.

10.       This offer of appointment is non-governmental on a fixed remuneration and it does not entitle him/her for any governmental scale .

11.                 The party of the FIRST PART engagement is subject to character and antecedents being certified to be good by two gazetted officers /  office bearer of the Gram Panchyat , not being  his / her  relatives.

12.       The party of the FIRST PART will have to furnish attested copies of certificates in support of date of birth, academic qualification , BPL/OBC/SC/ST  etc. at the time of joining .

13       No TA/DA will be paid to FIRST PARTY for joining the contract .

IN WITNESS WHEREOF the party of the FIRST PART and President of SMC on behalf of the party of the OTHER PART have hereinto set their hands the day, month and year first , above written.

SIGNED BY :-

PARTY OF THE FIRST PART                                                             IN THE PRESENCE OF:

1.

2.                                                           

SIGNED BY:-

PARTY OF THE SECOND PART                                                                

IN THE PRESENCE OF:

1.                                                             

2.                                                               

Annexure III

FORMAT FOR MONITORING /INSPECTION OF MID DAY MEAL
1	Date of Inspection
2	Name of District
3	Name of Education Block
4	Name of School
5	Name of Head Teacher/ Incharge-MDM
6	Enrollment
7	Attendance on the day of inspection
8	Number of Students availing Mid day meal
9	Whether menu display	Yes	No
10	Whether meal prepared on the day of inspection as per menu	Yes	No
11	Quality of meal	Good /satisfactory
12	Whether adequate ration stock maintained in the school ( for one month)

13	Number of cook-cum-helper engaged
14	Honorarium paid upto the month of
15-a	Kitchen shed sanctioned or not if yes then
15-b	Constructed
15-c	In-progress
15-d	Not started
16	Whether adequate kitchen devices available	Yes	No
17	Whether food grains are stored properly
18	Whether adequate storage capacity (availability of storage bin) is available for storing of food grains
19	Kind of fuel used (gas/ or any other kind)
20	Drinking water facility available	Yes	No
21	Whether Mother/ parents / SMC members are supervising the preparation and serving of meal	Yes/ no
22	Whether hygiene and cleanliness maintained by the MDM worker / staff in preparation and serving of meals including utensils
23	Whether hands are being washed properly before and after taking MID DAY MEAL BY STUDENTS
24	Remarks/ suggestion , if any

Name & Designation of Inspecting authority

(Authoritative English text of the Government Notification No. EDN-C-F-(10)-8/09 dated 05.03.2011 as required under article 348(3) of the Constitution of India)

Government of Himachal Pradesh

Department of Elementary Education

Notification No. EDN-C-F (10)-8/09                                   Dated Shimal-2 the 5th

March, 2011

In exercise of the powers conferred under section 38 of the Right of Children to Free and Compulsory Education Act, 2009, (35 of 2009) the Governor of Himachal Pradesh is pleased to make the following rules to carry out the provisions of the Act ibid, namely:-

1.   Short title : These rules shall be called the Right of Children to Free and

Compulsory Education, Himachal Pradesh Rules, 2011

PART I – PRELIMINARY

2.         Definitions:

1.            In these rules, unless the context otherwise requires, -

2)            “Act” means the Right of Children to Free and Compulsory

Education Act, 2009 (35     of 2009);

3)             “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;

4)            “Chapter”, “Section” and Schedule” means respectively Chapter, Section of, and   Schedule to, the Act;

5)           “Child” means any child of the age of 6 to 14 years;

6)           “Child belonging to disadvantaged group” means the child

belonging to Scheduled Caste or Scheduled Tribe or Other Backward Classes, who belongs to a family that is below the poverty line or is a disabled child as per the provisions contained in Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation ) Act, 1995;

7)            “ Child belonging to weaker section” means the child belonging to such guardian or parent who belongs to Below Poverty Line family;

8)           “ Form” means a form appended to these rules;

9)            ‘Neighbourhood’   for the purposes of these rules means a minimum contiguous population of 500 or more in one or more than one village; and Municipal area;

10)            “ Primary school” means a school imparting education to students for the classes 1 to 5 and also includes its branch;

11)           “    Pupil cumulative record” means record of the progress of the child based on comprehensive and continuous evaluation;

12)           “ School mapping” means planning school location to overcome social barriers and geographical distance;

13)          The “State Government” means, the Government of Himachal

Pradesh;

14)           The term “SMC”  wherever used in these rules shall be construed to mean ‘School Management Committee;

15)          Upper primary school, means a school i9mparting education to the students for the classes 6th to 8th are

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

PART II - RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION

3.            Special Training for the purposes of first proviso to section 4 (Non- residential / Residential bridge course) :

(1)      The School Management Committee / Local authority / teachers shall identify children requiring special training and organize such training in the following manner, namely:

2)         It shall be based on specially designed, age appropriate learning material, approved by the academic authority constituted under section 29(1);

3)          It may be provided in classes held in the premises of the school, or through classes organised in safe residential facilities;

4)         It may be provided by teacher working in the school, or by teachers specially appointed for the purpose; and

5)         The duration of training shall be for a minimum period of three months which may be extended, based on periodical assessment of learning progress  of the child, for a maximum period not exceeding two years.

	(2)	The child shall, upon induction into the age appropriate class, after special training under sub-rule(1) , continue to receive special attention by the teacher to enable him / her to successfully integrate with the rest of the children in the class, academically and emotionally.
		PART II – DUTIES OF STATE GOVERNMENT AND LOCAL AUTHORITY
4.		Areas or limits of Neighbourhood  Schools:

(1)       Neighbourhood school means and include –

2)     a primary school which is located within a walking distance of

1.5 kms (one and half a kilometres) of a neighbourhood and has a minimum of 25 children in the age group of 6 to 11 years available and wiling for enrolment in that school ; and

3)      An upper –primary school which is located within a walking distance of 3 kms (three kilometres) from   a neighbourhood and which has not less than 25 children in class 5th  of the feeding primary schools, taken together , available and wiling for enrolment in that school.

(2)        In areas with difficult terrain, having risk of landslides, floods, lack of roads and in general , danger for young children in the approach from their homes to the school, the State Government or local authority may locate the school in the manner so as to avoid such dangers, by reducing the limits specified under sub-rule(1).

(3)        For  children  from  small  villages,  as  identified  by  the  State Government or local authority, where no school exists within the area or limits of neighbourhood specified under sub-rule (1), the

State Government or local authority may consider making provision of free bus passes or payment of distance allowance at such rates as it may fix from time to time .

(4)       In areas with dispersed population, the State Government, instead of opening a School, may establish a hostel in some suitable school where, students of such areas may be admitted.

(5)        In areas with high population density, the State Government or local authority      may    consider    establishment    of    more    than    one neighbourhood school, having regard to the number of children in the age group of 6-14 years in such areas.

(6)       In  respect  of children  with  disabilities  which prevent  them from accessing the school, the State Government or local authority shall endeavour to make arrangements to provide them the distance or transportation allowance at such rates as may be fixed by the State Government  from  time  to  time,  for  enabling  them  to  attend  the school and complete elementary education.

(7)       The State Government or local authority shall ensure that access of children  to  the  school  is  not  hindered  on  account  of  social  and cultural factors.

(8)        The State Government may from time to time rationalize the existing primary and upper primary schools and may take appropriate decisions including those relating to their merger or closure as may emerge from the rationalization exercise.

PART IV RESPONSIBILITIES OF SCHOOLS AND TEACHERS

5.         Responsibility of the State Government and local authority :

1.            A Child attending a school of the State Government or the local authority referred to in sub-clause (i) of clause (n of section 2 , a child attending a school in sub clause (ii) of clause (n) of section 2 in accordance with clause (b) of sub-section (1) of section 12, and a child attending a school referred to in sub-clauses (iii) and (iv) of clause  (n)  of  section  2  in  accordance  with  clause  (c)  of  sub- section(1)  of  section  12,  shall  be  entitled  to  free  education  as provided for in sub-section(2) of section 3 :

Provided further that free textbooks, writing material and uniforms shall be provided to such students, as may be decided by the State Government from time to time:

Provided further that, a child with disability shall also be entitled for free special training and support material.

2.            The State Government or the local authority shall ensure that no child is subjected to abuse on account of caste, class, religion or gender in the school.

3.            For the  purposes of clause (c ) of section 8 and clause ( c ) of section

9, the State Government and the local authority shall ensure that a child belonging to disadvantaged group is not segregated or discriminated against in the classroom during mid day meals, in the play grounds or in the use of common drinking water and toilet facilities.

6                The extended period of admission under section 15 – (1) A child can be admitted to a class within a maximum period of ninety days from the date of commencement of academic session. This period can be further extended by the State Government.

(2)  The child admitted under sub-rule(1) shall be imparted training so as to bridge the learning gap due to late admission as specified in rule 3.

7.            Maintenance of records of children by local authority for the purposes of clause (d) of section

1.   The local authority of the areas in which each school is situated or such other agency as may be   specified by the State Government for this purpose, 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 in the Village Education Register. The register shall be maintained in the form prescribed by the Director of Education, Himachal Pradesh.

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

3.   The record, referred to in sub-rule (1) , 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,-

1)           name, sex, date of birth, place of birth;

2)           parent’ / guardian’ names, address, occupation;

3)            Pre-primary school/ Anganwadi centre that the child attended up to six years of age.;

4)            elementary school where the child is admitted;

5)           Present address of the child;

6)            Whether the child belongs to the weaker / disadvantaged section within the meaning of clauses (d) and (e) of section 2; and

7)            Details of children requiring special facilities or residential facilities on account of their migration / disability.

5.   The School Management Committee shall ensure that the  names of all children enrolled in the schools under its jurisdiction are publicly displayed in each school and the lists regularly sent to the local authority.

PART V – RESPONSIBILISTIES OF SCHOOLS AND TEACHERS

8. Documents as age proof for the purpose of section 14: Wherever a birth certificate under the Registration of Births, Deaths and Marriages Act, 2006 is not available, any one of the following documents shall be deemed to be proof of age of the child for the purposes of admission in schools ;-

1)     Hospital or Auxiliary Nurse and Midwife (ANM) register record;

2)     Anganwadi or nursery record which the child has attended; and

3)      In the absence of clause (a) and (b) above, declaration of age of the child by the parent or guardian.

9. Recognition of schools for the purposes of section A8-

(1)        Every Primary school, other than a school established, owned or controlled by the State Government or local authority, established before the commencement of the Act or intended to be established, shall make a self declaration/ file an application for recognition in FORM-I within a period of three months from the date of notification of these rules or as and when the school is intended to be established, to the concerned Block Elementary Education Officer, and

(2)        Every Upper-Primary school and every school having classes 1st to 8th , other than a school established, owned or controlled by the State Government or local authority, established before the commencement of this Act or intended to be established, shall make a self declaration / file an application for recognition in FORM – I within a period of three months from the date of notification of these rules or as and when the school is intended to be established to the Deputy Director Elementary Education regarding its compliance or otherwise with the norms and

standards specified in the Schedule appended to the Act, and the following conditions, namely :-

1)     the school shall conform to the values enshrined in the Constitution;

2)      The school buildings or other structures or the grounds shall not be sued during the day or night for  commercial or residential purposes (except for the purpose of residence of any employee of the school) or for political or non- educational activity of any kind whatsoever;

3)      That the school is open to inspection by any officer authorized by the state Government /Local authority; and

4)      The school furnish such reports and information as may be required by the Director Education or Deputy Director of Elementary Education or Bock Elementary Education Officer, from time to time and comply with such instructions of State Government or local. Authority as may be issued to secure the continued fulfilment of the condition of recognition or the removal of deficiencies in working of the school.

(3)        Every self declaration received in FORM I shall be placed by the Block Elementary Education Officer or Deputy Director of Elementary Education, as the case may be in pubic domain within fifteen days of its receipt.

(4)        The Block Elementary Education Officer or the Deputy Director Elementary Education, as the case may be shall conduct or et conducted the inspection of schools which claim to fulfil the norms and standards specified in the Schedule and the conditions mentioned in sub-rule (2) within three months of the receipt of the self declaration in FORM – I ,

(5)        After the inspection referred to in sub-rule (3) of this rule is carried out, the inspection report shall be placed by the Block Elementary Education Officer or Deputy Director Elementary Education, as the case may be in public domain and schools found to be conforming to the norms, standards specified in the Schedule and the conditions specified in sub-rule(2) shall be granted recognition by the Block Education Officer or Deputy Director Elementary Education, as the case may be in FORM – II  within a period

of 15 days from the date of inspection.

(6)        Schools which were established prior to the enforcement of the Act and which do not conform to the norms, standards and conditions mentioned in sub-rule (2) shall be listed by the concerned Block Elementary Education Officer, in case the school is a primary school or the Deputy Director Elementary education, in the case of upper-primary school or a school

having classes 1st to 8th , through a public order to this effect. Such schools may request the Block Elementary Education Officer or Deputy Director Elementary education, as the case may be, for an non-site inspection for grant of recognition, any time before 31st march 2013.

(7)        Schools which were established prior to the enforcement of the Act and do not conform to the norms, standards and conditions mentioned in sub-rule (2) after three years from the commencement of the Act, shall cease to function.

(8)        Every school, other than a school established, owned or controlled or intended to be established, by the State Government or local authority established after the commencement of the Act shall conform to the norms and standards and conditions mentioned in sub-rule (1) in order to qualify for recognition.

(9)        Every self declaration cum application for recognition shall be accompanied by such recognition and inspection fee as may be notified by the State Government from time to time.

(10)      Withdrawal to recognition to schools for the purposes of section 18(3)- (1) Where the Block Elementary Education Officer in case of a primary

school and the Deputy Director Elementary education, in case of an upper- primary school or a school having classes 1st to 8th on his own motion; or on any representation received from any person, has reason to believe, to be recorded in writing, that a school recognized under rule 9, has violated one or more of the conditions for  grant of recognition or has failed to

fulfil the norms and standards specified in the Schedule, she/he shall act in the following manner : -

1)         issue a notice to the school specifying the violations of the conditions of grant of recognition and seek its explanation within one month; and

2)         in case the explanation is not found to be satisfactory or nor explanation is received within the stipulated time period, the Block Elementary Education Officer or the Deputy Director Elementary Education, as the case may be, may cause an inspection of the school, to be conducted by a Committee, which shall make due inquiry and submit its report, along with its recommendations for continuation of recognition or its withdrawal, to the Block Elementary Education officer or Deputy Director Elementary education.

3)         The Block Elementary Education Officer in case of primary schools and the Deputy Director Elementary education in case of

upper-primary schools or a school having classes 1st to 8th shall consider the report of the Committee under sub-rule (1) and may pass an order for withdrawal of recognition or continuation of the same as is deemed appropriate on the basis of a speaking order:

Provided that, no order for the withdrawal of recognition shall be passed by the said officer  without giving the school an opportunity of being heard:

Provided further that, no such order shall be passed by the aforesaid officers without the prior  approval of the Director of Elementary Education, Himachal Pradesh.

(2)                    The order for withdrawal of recognition shall be operative from the immediately succeeding academic year and shall specify the neighbourhood schools to which the children of that school shall be admitted.

PART VI – SCHOOL MANAGEMENT COMMITTEE

11. Composition and functions of the School Management Committee for the purposes of section 21 -  Composition and functions of the School Management Committee, in the State of Himachal Pradesh shall be the same as notified by the State Government through the Government Notification No. EDN – C- F (10) – 7/2010, dated 6th March 2010 and as amended subsequently from time to time.

12. Preparation of School Development Plan for the purpose of section 22 – (1)

The School Management Committee shall prepare a School Development Plan at least three months before the end of the financial year in which it is first constituted under the Act.

(2) The School Development Plan shall be a three year plan comprising three annual sub- plans.

(3) The School Development Plan, shall contain the following details, namely:-

1)  estimates of class-wise enrolment for each year;

2)  physical requirement of additional infrastructure and equipments over the three year period, calculated, with reference to the norms and standards specified in the Schedule; and

3)  Additional financial requirement over the three year period, year-wise, in respect of (a) and (b) above, including additional requirement for providing special training facility specified in section 4.

(4)  The School Development Plan shall be signed by the Chairperson/Vice-Chairperson and convener of the School Management Committee and submitted to the local authority and to the

Deputy Director Elementary Education before the end of the financial year in which it is to be prepared.

PART VII – TEACHERS

13. Minimum Qualification for the purposes of section 23 (1) -  The minimum qualifications laid down by the academic authority referred to in sub-section (1) of Section-23 shall be applicable for every school referred to in clause (n) of section 2

14. Acquiring minimum qualifications under proviso to section 23 (2) (1) The State Government shall provide adequate teacher education facilities to ensure that all teachers in schools referred to in Sub-clause (i) of clause (n) of section 2, who do not possess the minimum qualifications laid down under section 23, at the time of commencement of the Act, to acquire such minimum qualifications within a period of five years from the commencement of the Act.

(2) For a teacher, of any school referred to in sub-clauses (ii) and (iv) of clause (n) of section 2, who does not possess the minimum qualifications laid down under section 23 at the time of commencement of the Act. The management of such school shall enable such teacher to acquire such minimum qualifications within a period of five years from the commencement of the Act.

15. Salary and allowances conditions of service of teachers for the purpose of section 23 (3) – The salary and allowances payable to and the terms and conditions of service of teachers of schools specified in sub-clause (I) of clause (n) of section 2, shall be as may be specified by the State Government from time to time through its various Recruitment

& Promotion Rules of the respective posts and other orders/instructions issued by the

State Government

Provided that the State Government may through a scheme notified by it, allow the School Management committee to engage teachers on part-time or temporary basis and pay them at such rates as are specified in the instructions issued by the State Government.

16. Duties to be performed by teachers for the purpose of clause (f) to section 24 (1) – (1) In performance of the functions specified in sub-section (1) of section 24 and in order to fulfil the requirements of clause (h) of sub-section (2) of section 29, the teacher shall maintain a file containing the cumulative pupil progress record for every child, in the Form specified by the State Government, which shall form the basis for the awarding the completion certificate specified in sub-section (2) of section 30.

(2) In addition to the functions specified in clauses (a) to (e) of sub-section (1) of section

24, a teacher shall perform the duties assigned to him or her by the State Government or

the Director of Education, Himachal Pradesh including the duties related to teacher training / curriculum development and the duties specified in the Schedule .

17. Manner of redressal of grievances of teachers: - The redressal of grievances of teachers shall be dealt with in accordance with the rules made applicable to the them by the State Government.

PART VII – CURRICULUM AND COMPLETION OF ELEMENTARY EDUCATION

18.  Academic Authority for  the purposes of section 29 – (1) Within six months from the date of publication of the notification of these rules, the State Government shall notify/constitute such academic authority by notification as deemed appropriate, as the academic authority for the purposes of section 29. Separate academic authorities may also be constituted for this purpose.

(2) While laying down the curriculum and evaluation procedure, the academic authority notified under sub-rule (1) shall, keeping in view the duties expected from teachers under section 29 , shall-

1)  formulate the relevant and age appropriate syllabus and text books and other learning material;

2)  develop and implement the in – service teacher training design; and

3)  prepare guidelines for putting into practice continuous and comprehensive evaluation

(3)    The academic authority referred to in sub-rule (1) shall design and implement a process of holistic school quality assessment on a regular basis.

19.  Award of certificate for the purposes of section 30 – (1) The certificate of completion of elementary education shall be issued at the school level within one month of the completion of elementary education in the Form specified by the Director Elementary Education, Himachal Pradesh.

(2)  The certificate referred to in sub-rule (1) shall contain the Cumulative Pupil

Progress Record of the child.

PART IX – PROTECTION OF RIGHT OF CHILDREN

20  Performance of functions for the purposes of section 31(3) –(1)  The State Government shall constitute an authority known as the Right to Education Protection Authority for the purposes of performing the functions specified in sub-section (1) of section 31, within six months of the commencement of these rules.

(2) The constitution, procedure and extent of powers of the authority constituted under sub-rule (1) shall be specified be by the State Government through a notification in the Official Gazette.

21.  Manner of filing complaints before the Right to Education Protection Authority

– B  The manner of filing complaints before the Right to Education Protection

Authority shall be such as may be specified by the State Government.

PART X – State Advisory Council

22. Constitution and Functions of the State Advisory Council for the purpose of section

34-

(1)        The State Advisory Council to be constituted under section 34 shall consist of a         Chairperson and fourteen members.

(2)        The Minister – in charge of the Department of School Education in the State Government shall be the ex-officio Chairperson of the State Advisory Council.

(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, taking into consideration following criteria :-

1)              at least four members shall be from amongst persons belonging to

Schedule Castes, Schedule     Tribes and Minorities;

2)               at least one member shall be from amongst persons having specialized knowledge and    practical experience of education of children with special needs;

3)               One member shall be from amongst persons having specialised knowledge in the filed of   pre-primary education;

4)               At least two members shall be from amongst persons having specialized knowledge and practical experience in the field of t teacher education; and

5)              Fifty percent of such members shall be women.

(4)        The Department of Elementary Education shall provide need based logistic support for meetings of the Council and its other functions.

(5)       The procedure for transaction of Business of the Council shall be as under : -

1)  The Council shall meet at such times and place as the Chairperson thinks fit. It shall be compulsory to hold at least four meetings in a year.

2)  The meeting of the Council shall be presided over by the Chairperson. If for any reason the Chairperson is unable to attend the meeting of the Council, he may nominate a member of the Council to preside over such meeting. Quorum for the meeting shall be 50% of the total members.

(6)        The terms and conditions for appointment of Members of the Council shall be as under : -

1)  Every member shall hold office for a term of two years from the date on which she /he assumes office or till the Council is reconstituted by the State Government, whichever is earlier.

2)    Members of the Council shall be entitled to travelling and daily allowances for official tours and journeys as a admissible to the Grade-I officers of the State Government.

(7)       The state Advisory Council shall function in an advisory capacity.

(8)       The State Advisory Council shall perform the following functions, namely;

1    Review –

1)  compliance with teacher qualifications and trainings; and

2)  implementation of section 29

3)  commission studies and research for the effective implementation of the

Act;

4) Act as an interface between the public and the media and the State Government in creating aware ness, mobilization, and a positive environment for the implementation of the At.

(9)       The State Advisory Council shall prepare reports relating to the reviews, studies and research undertaken by it and furnish the same to the State or Central Government as per requirement.

FORM I

SELF DECLARATION CUM APPLICATION FOR GRANT OF RECOGNITION OF SCHOOL

(See rule -9)

To

The Deputy Director (Elementary Education)/ Block

Elementary Education Officer (Name of District and State) Sir/madam,

I am submitting self declaration / application regarding compliance with the norms and standards specified in the Schedule of the Right of Children to Free and Compulsory Education Act, 2009 and the rules for the grant of recognition to ……………………………….(Name of the school)…………………….With effect from the commencement of the school year 20……..

Yours Faithfully,

Enclosure: Place/Date:

Chairman of Managing

Committee/Manager

A. School Details
1.	Name of School
2.	Academic Session
3.	District
4.	Postal Address
5.	Village/City
6.	Tehsil
7.	Pin Code:
8.	Phone No with STD Code
9.	Fax No.
10.	E-mail address if any
11.	Nearest Police Station

32

B. General Information
1.	Year of Establishment / or to be established
2.	Date of First Opening of School
3.	Name of Trust/Society/Managing Committee
4.	Whether Trust/Society/Managing Committee / is registered
5.	Period up to which Registration of Trust / Society / Managing Committee is valid.
6.	Whether there is a proof of non-proprietary character of the Trust/Society/Managing Committee supported by the list of members with their address on an affidavit in copy.
7.	Name and official address of the Manager/President /Chairman of the School
	Name
	Designation
	Address
	Phone			(O)…………
				(R)………….
8.	Total Income & Expenditure during last 3 years surplus/ deficit
	Year	Income	Expenditure	Surplus/Deficit

33

C. Nature and area of School
1.	Medium of Instruction
2.	Type of School (Specify entry & exit classes)
3.	If aided, the name of agency and percentage of aid
4.	If School Recognized/affiliated earlier
5.	If so, by which authority Recognition number
6.	Does the school have its own building or is it running in a rented building.
7.	Whether the school buildings or other structures or the grounds are used during the day or night for commercial or residential purposes (except for the purpose of residence of any employee of the school) or for political or non-educational activity of any kind whatsoever?
8.	Total area of the school
9.	Built in area of the school

D. Enrolment Status
	Class	No. of Section	No. of Students
1.	Pre-primary
2.	I-V
3.	VI-VII

34

E. Infrastructure Details & Sanitary Conditions

	Room	1.    Class room 2.    Office room-cum- Store Room-cum- Headmasteroom 3.       Kitchen-cum-store
	Number
	Average Size

F. Other Facilities

Whethe r all Facilitie s have barrier free access	Teachin g Learnin g Material s (attach list)	Sports & Play equipment s (attach list)	Facility books in library •   Books (No. of Books) •     Periodical/Newspa pers	Type and number of drinking water facility	Sanitary Conditions •     Type of W.C & Urinals •     Numbe r of Urinals /Lavato ries separat ely for boys
(1)		(2)		(3)
				•     Number of Urinals/Lavatories separately for girls 17
(1)		(2)	(4)	(5)	(6)

G. Part G. Particulars of Teaching Staff

1. Teaching in Primary / upper Primary exclusively (details of each teacher separately)

Teacher Name	Father Spouse Name	Date of Birth	Academic Qualification	Teaching Experienc e	Profession al qulificatio n	Class assigne d	Date of apt.	Trained or untrained
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)

2. Teaching in both Elementary and secondary (details of each teacher separately)

Teache r Name	Father/Spous e Name	Date of Birt h	Academic Qualificatio n	Professional Qualificatio n	Teaching Experienc e	Class Assigne d	Date of apptt .	Trained or untraine d
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)

3. Headmaster

Teacher Name	Father /Spouse Name	Date of Birth	Academic qualification	Professional qualification	Teaching experience	Class assigned	Date of apt.	Trained or untrained
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)

H         Curriculum and Syllabus

Detail of curriculum & syllabus followed in each class (up to VIII)	System of Pupil Assessment	Whether pupils of the school are required to take any board exam up to class VIII ?
(1)	(2)	(3)

I. Certified that the school has also submitted information in this data capture

format of District Information System of Education with this application;

j. Certified that the school is open to inspection by any officer authorized by the appropriate authority.

k. Certified that the school undertakes to furnish such reports and information as may be required by the Deputy Director Education of Block Elementary Education Officer from time to time and complies with such instructions of the appropriate authority or the Deputy director Education Officer as may be issued to secure the continued fulfilment of the condition of recognition or the removal of deficiencies in working of the school;

L. Certified that records of the school pertinent to the implementation of this Act  shall  be  open  to  inspection.  By  any  officer  authorized  by  the  Deputy Director Education or Block Elementary Education Officer or appropriate authority at any time, and the school shall furnish all such information as may be necessary to enable the central and / or State Government / Local Body or the Administration to discharge its or his obligations to Parliament / Legislative Assembly of the state / Panchayat/ Muncipal Corporation, as the case may be.

Sd. /-

Place            Date Gram:          Phone: E-Mail:        Fax:

Chairman/Manager, Managing Committee

……………School

Form II

(See sub-rule (5) of rule 9)

OFFICE OF Deputy Director Education (Elementary)/ OFFICE of the Block Elementary Education Officer

(Name of District/State) No.      Dated:

The Manager,

                    School,

Sub: Recognition Certificate for the school under sub-rule (5) of rule 9 of Right of Children to Free and Compulsory Education Rules, 2011 for the purpose of sub- section-(2) of Section 18 of Right of Children to Free and Compulsory Education Act 2009.

Dear Sir/Madam,

With reference to your application dated                      and subsequent correspondence with the school. I convey the grant for provisional recognition to the

                        (name of the school with address) for Class              to Class                for a period of three years w.e.f.        to                                            

The above sanction is subject to fulfilment of following conditions:-

1.     The grant for recognition is not extendable and does not in any way imply any obligation to recognize or        affiliate the school beyond Class VIII.

2.  The School shall abide by the provisions of Right of Children to Free and Compulsory Education Act,             2009 (Annexure I) and the Right of Children to Free and Compulsory Education Rules, 2011 (Annexure II)

3.  The Society / School shall not collect any capitation fee and subject the child or his or hr parents or  guardians to any screening procedure.

4.   The School shall not deny admission to any child.

1)              For lack of age proof;

2)               If such admission is sought subsequent to the extended period of ninety days for admission; and

3)              On the ground of religion, caste or race, place of birth or any of them.

5.  The School shall ensure that

1)               No Child admitted shall be held back in any class or expelled from school till the completion of elementary education in that school

2)              No child shall be subjected to physical punishment to mental harassment

3)               No child is required to pass any Board examination till the completion of elementary education

4)               Every child completing elementary education is awarded a certificate as laid down under rule 19 of the Right of Children to Free and Compulsory Education, Himachal Pradesh Rules, 2011,

5)               Students  with  disabilities  /special  needs  are  given  admission  as  per provisions of the Act,

6)               The  teachers  are  recruited  with  minimum  qualifications  as  laid  down under section 23(1) of the Act. The current   teachers who at the commencement of this Act did not possess minimum qualifications shall acquire such minimum qualifications by March, 2015;

7)              The teacher performs his/ her duties specified under section 24(1) of the

Act; and

8)               The teachers shall not engage +himself or herself for private teaching activities.

6.               The School shall follow the syllabus on the basis of curriculum laid down by academic authority under sub-section (1) of section 29.

7.               The School shall enrol students proportionate to the facilities available in the school specified in the section 19 of the Act.

8.               The School shall maintain the standards and norms as specified in section

19 of the Act. The facilities reported at the time of last inspection are as given under:-

Area of school campus

Total built up area Area of play ground No. of class rooms

Room for Headmaster / Office / Store Separate toilet for boys and girls Drinking Water Facility

Kitchen for cooking Mid Day Meal

Barrier free Access

Availability of Teaching Learning Material /Play Sports

Equipments/Library

9.               No unrecognized classes shall run within the premises of the school or outside in the name of school.

10.             The school buildings or other structures or the g rounds shall not be used during the day or night for commercial or residential purposes, except for the purpose of residence of any employee of the school or for political or non-educational activity of any kind whatsoever.

11.             The  School  shall  be  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.

12.             The  School  shall  not  be  run  for  profit  to  any  individual,  group  or association of individuals or any other persons.

13.             The accounts of the school shall be audited and certified by a Chartered Accountant and proper accounts statements shall be prepared as per rules. A copy each of the Statements of Accounts shall be sent to the Deputy Director/Block Elementary Education Officer every year.

14.             The recognition Code Number allotted to your school is                              this may please be noted and quoted for any correspondence with this office.

15.             The school shall furnish such reports and information as may be required by   the   Director   of   Education/Deputy   Director/   Block   Elementary Education Officer from time to time and comply with such instructions of the State government / Local authority as may be issued to secure the continued fulfilment of the condition of recognition or the removal of deficiencies in working of the school.

16.             Renewal of Registration of Society if any is ensured.

17.             The State Government may specify additional conditions from time to time, for compliance.

Yours faithfully, Deputy Director Education (Elementary)/ Block Elementary Education Officer

District/Block

By Order

Principal Secretary (Education) to the

Government of Himachal  Pradesh.