Uttarakhand Right of Children to Free and Compulsory Education Rules, 2011
No: -- Dated: Oct, 31 2011
In exercise of the powers conferred by section 38 of the Right of Children to Free and Compulsory Education Act, 2009(Central Act No. 35 of 2009), the Governor of Uttarakhand hereby makes the following rules, namely:‐
UTTARAKHAND RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION RULES‐2011
1. Short Title, Extent and Commencement: (1) These Rules may be called the Uttarakhand Right of Children to Free and Compulsory Education Rules, 2011.
(2) They shall come into force on the date of their publication in the Official Gazette. (3) They shall extend to the whole of the State of Uttarakhand.
Part - I
Preliminary
2. Definitions. - (1) In these rules, unless the context otherwise requires-
(a) "Act" means The Right of Children to Free and Compulsory Education Act, 2009 (Central Act No. 35 of 2009);
(b) "Academic Authority" means the authority notified by the State Government under sub-section (1) of section 29 of the Act i.e. The State Council of Educational Research and Training, Uttarakhand;
(c) "Academic Session" means an Academic Session from the month of April to March;
(d) "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;
(e) "Appointed date" means 1st April 2010;
(f) "Child" means a male or female child of the age of 6 to 14 years, provided that for the purpose of Children With Special Needs the "Child" means a male or female child of the age of 6 to 18 years;
(g) "Child belonging to disadvantaged group" means a child belonging to the Schedule Caste, the Schedule Tribe, Other Backward Classes as notified by the State Government(except creamy layer), an Orphan child, Child suffering from disability as defined in Persons with Disabilities (Equal Opportunities, Protection and Full Participation Act, 1995) (Act 1 of 1996), a child depending on widow or divorce mother, whose annual income is less than Rs 80000/-, HIV+ child or child of HIV+ parents and a child belonging to parents with disabilities (including leprosy effected persons) defined in Persons with Disabilities (Equal Opportunities, Protection and Full Participation Act, 1995) (Act. 1 of 1996) whose annual income is less than R 4.5 Lakh and includes such disadvantaged children as defined by the State Government from time to time;
Provided that 50% of the children belonging to disadvantaged group to be admitted under provisions of Section 12 of the Act shall be girls.
(h) "Child belonging to weaker section" means a child belonging to such parent or guardian whose annual income is equal to or less than Rs 55000/-, and includes such children as defined by the State Government from time to time;
(i) "Free Entitlement" means the free facilities to be provided to the child, as notified by the State Government from time to time;
(j) "Government" means the Government of Uttarakhand;
(k) "Governor" means the Governor of Uttarakhand;
(l) "Local Authority" means Municipal Corporation or Municipal Council or Zila Panchayat or Nagar Panchayat or Gram panchayat, the School Management Committee and also Deputy Block Education Officer, Block Education Officer, Additional District Education Officer (basic), District Education Officer; and includes such authorities as notified by the State Government from time to time;
(m) "Neighbourhood School" for the purpose of Government schools under these rules means a school which is within a walking distance of 01 KM in case of primary classes (I to V) and 03 Km in the case of Upper Primary classes (VI to VIII). The neighbourhood for the schools defined under sub-clauses (ii) (iii) and (iv) of clause (n) of section 2 for the purposes of clause (c) of sub-section (1) of section 12 of the RTE Act shall be determined from time to time by the State Government or the local authority notified by the State Government for this purpose;
(n) "Pupil Cumulative Record" means record of the progress of the child based on Continuous and Comprehensive Evaluation;
(o) "Schedule" means the schedule annexed in the Act;
(p) "School Mapping" means planning school location for the purpose of section 6 of the RTE Act 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;
(q) "Specified Category" in relation to a school, means a school such as Kendriya Vidyalaya, Jawahar Novodaya Vidyalaya, Rajiv Gandhi Navodaya Vidalaya, Shyama Prasad Mukherji Vidyalaya or any other school having a distinct character which may be specified by the State Government by notification;
(r) "State" means the State of Uttarakhand;
(2) All references to "Forms" in these rules shall be construed as references to forms set out in Appendix I-VI hereto.
(3) 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