1. 2 [Short title, extent, application and commencement] . (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 3 [* * *].

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

4 [(4) Subject to the provisions of Articles 29 and 30 of the Constitution, the provisions of this Act shall apply to conferment of rights on children to free and compulsory education.

(5) Nothing contained in this Act shall apply to Madrasas, Vedic Pathsalas and educational institutions primarily imparting religious instruction.]

Date of Enforcement . The Act was brought into force, w.e.f. April 1, 2010 [ Vide S.O. 428(E), dated February 16, 2010].

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 belonging to disadvantaged group means 5 [a child with disability or] a child belonging to the Scheduled Caste, the Scheduled Tribe, the socially and educationally backward class or such other group having disadvantage owing to social, cultural, 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;

6 [( ee ) child with disability includes,

(A) a child with disability as defined in clause ( i ) of Section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996);

(B) a child, being a person with disability as defined in clause ( j ) of Section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999);

(C) a child with severe disability as defined in clause ( o ) of Section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999).]

( 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 Zila Parishad or Nagar Panchayat or Panchayat, 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 Commission for Protection 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;

( 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;

( ii ) an aided school receiving aid or grants to meet whole or part of its expenses 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, Novodaya Vidyalaya, Sainik School or any other school having a distinct 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 (4 of 2006).

RIGHT TO FREE AND COMPULSORY EDUCATION

7 [(1) Every child of the age of six to fourteen years, including a child referred to in clause ( d ) or clause ( e ) of Section 2, shall have the right to free and compulsory education in a neighbourhood school till the completion of his or her 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:

8 [* * *]

9 [(3) A child with disability referred to in sub-clause (A) of clause ( ee ) of Section 2 shall, without prejudice to the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), and a child referred to in sub-clauses (B) and (C) of clause ( ee ) of Section 2, have the same rights to pursue free and compulsory elementary education which children with disabilities have under the provisions of Chapter V of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995:

Provided that a child with multiple disabilities referred to in clause ( h ) and a child with severe disability referred to in clause ( o ) of Section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999) may also have the right to opt for home-based education.]

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.

(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 for disciplinary action the service rules applicable to him or her.

DUTIES OF APPROPRIATE GOVERNMENT, LOCAL AUTHORITY AND PARENTS

For carrying out the provisions of this Act, the appropriate Government and the local authority shall establish, within such area 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.

(1) The Central Government and the State Governments 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 Governments.

(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 resources 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 (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.

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;

( 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.

Every local authority 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;

( 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 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.

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.

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.

RESPONSIBILITIES OF SCHOOLS AND TEACHERS

(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 per cent;

( c ) specified in sub-clauses ( iii ) and ( iv ) of clause ( n ) of Section 2 shall admit in Class I, to the extent of at least twenty-five per cent 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-section (1) 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-expenditure incurred by a school specified in sub-clause ( i ) of clause ( n ) of Section 2:

Provided further that where such school is already under obligation to provide free education to a specified number of children on account of if 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.

(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 contravention.

(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 (6 of 1886) or on the basis of such other document, as may be prescribed.

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

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.

10 [(1) There shall be a regular examination in the fifth class and in the eighth class at the end of every academic year.

(2) If a child fails in the examination referred to in sub-section (1), he shall be given additional instruction and granted opportunity for re-examination within a period of two months from the date of declaration of the result.

(3) The appropriate Government may allow schools to hold back a child in the fifth class or in the eighth class or in both classes, in such manner and subject to such conditions as may be prescribed, if he fails in the re-examination referred to in sub-section (2):

Provided that the appropriate Government may decide not to hold back a child in any class till the completion of elementary education.

(4) No child shall be expelled from a school till the completion of elementary education.]

(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.

(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.

(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 then thousand rupees for each day during which such contravention continues.

(1) No school shall be established, or recognised, under Section 18, unless it fulfils the norms and standards specified in the Schedule.

(2) Where a school established before the commencement of this Act does not fulfil the norms and standards specified in the Schedule, it shall take steps to fulfil such norms and standards at its own expenses, within a period of three years from the date of such commencement.

(3) Where a school fails to fulfil 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.

The Central Government may, by notification, amend the Schedule by adding to, or omitting therefrom, any norms and standards.

(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 at least 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 per cent of Members of such Committee 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 utilisation 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.

11 [Provided that the School Management Committee constituted under sub-section (1) in respect of,

( a ) a school established and administered by minority whether based on religion or language; and

( b ) all other aided schools as defined in sub-section ( ii ) of clause ( n ) of Section 2,

shall perform advisory function only.]

(1) Every 12 [School Management Committee, except the School Management Committee in respect of a school established and administered by minority, whether based on religion or language and an aided school as defined in sub-clause ( ii ) of clause ( n ) of Section 2, 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.

(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 courses 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 its 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:

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:

13 [Provided further that every teacher appointed or in position as on the 31st March, 2015, who does not possess minimum qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a period of four years from the date of commencement of the Right of Children to Free and Compulsory Education (Amendment) Act, 2017.]

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

(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 rules 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.

(1) 14 [Within three years] from the date of commencement of this Act, the appropriate Government and the local authority shall ensure that 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.

The appointing authority, in relation to a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government or by a local authority, shall ensure that vacancy of teacher in a school under its control shall not exceed ten per cent of the total sanctioned strength.

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.

No teacher shall engage himself or herself in private tuition or private teaching activity.

CURRICULUM AND COMPLETION OF ELEMENTARY EDUCATION

(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, as 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 views freely;

( h ) comprehensive and continuous evaluation of child's understanding of knowledge and his or her ability to apply the same.

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.

PROTECTION OF RIGHT OF CHILDREN

(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 (4 of 2006), 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 or under 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 Section 14 and 24 of the said Commissions of 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.

(1) Notwithstanding anything contained in Section 31, any person 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.

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

(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 the 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.

MISCELLANEOUS

(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 purpose 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.

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.

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 thereunder.

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

15 [( fa ) the manner and the conditions subject to which a child may be held back under sub-section (3) of Section 16;]

( 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;

( 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 therefor, 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 may be 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.

16 [(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty:

Provided that no order shall be made under this section after the expiry of three years from the commencement of the Right of Children to Free and Compulsory Education (Amendment) Act, 2012.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.]

( See Sections 19 and 25)

Sl. No.	Item		Norms and Standards
1.	Number of teachers:
	( a )	For first class to fifth class	Admitted children		Number of teachers
			Up to sixty		Two
			Between sixty-one to ninety		Three
			Between ninety-one to one hundred and twenty		Four
			Between one hundred and twenty-one to two hundred		Five
			Above one hundred and fifty children		Five plus one Head-teacher
			Above two hundred children		Pupil-Teacher Ratio (excluding Head-teacher) shall not exceed forty.
	( b )	For sixth class to eighth class	(1)	At least one teacher per class so that there shall be at least one teacher each for
				( i )	Science and Mathematics;
				( ii )	Social Studies;
				( iii )	Languages.
			(2)	At least one teacher for every thirty-five children
			(3)	Where admission of children is above one hundred
				( i )	a full time head-teacher;
				( ii )	part time instructors for
					(A)	Art Education;
					(B)	Health and Physical Education;
					(C)	Work Education.
2.	Building		All-weather building consisting of
			( i )	at least one class-room for every teacher and an officer-cum-store-cum Head teacher's room;
			( ii )	barrier-free access;
			( iii )	separate toilets for boys and girls;
			( iv )	safe and adequate drinking water facility to all children;
			( v )	a kitchen where mid-day meal is cooked in the school;
			( vi )	playground;
			( vii )	arrangements for securing the school building by boundary wall or fencing.
3.	Minimum number of working days/instructional hours in an academic year		( i )	two hundred working days for first class to fifth class;
			( ii )	two hundred and twenty working days for sixth class to eighth class;
			( iii )	eight hundred instructional hours per academic year for first class to fifth class;
			( iv )	one thousand instructional hours per academic year for sixth class to eighth class.
4.	Minimum number of working hours per week for the teacher		Forty-five teaching including preparation hours.
5.	Teaching learning equipment		Shall be provided to each class as required.
6.	Library		There shall be a library in each school providing newspaper, magazines and books on all subjects, including story-books..
7.	Play material, games and sports equipment		Shall be provided to each class as required.

In exercise of the powers conferred by sub-section (1) of Section 29 of the Right of Children to Free and Compulsory Education Act, 2009, the Central Government hereby authorises the National Council of Educational Research and Training as the academic authority to lay down the curriculum and evaluation procedure for elementary education, and to develop a framework of national curriculum under clause ( a ) of sub-section (6) of Section 7 of the Act.

In exercise of the powers conferred by sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009, the Central Government hereby authorises the National Council for Teacher Education as the academic authority to lay down the minimum qualifications for a person to be eligible for appointment as a teacher.

Whereas sub-clause ( d ) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009) (hereinafter referred to as the RTE Act), defines child belonging to disadvantaged group as a child belonging to the Scheduled Caste, the Scheduled Tribe, the socially and educationally backward class, or such other group having disadvantage owing to social, cultural, economical, geographical, linguistic, gender or such other factor, as may be specified by the appropriate Government, by notification;

And whereas, the Central Government, being the appropriate Government in relation to a school established, owned or controlled by the administrator of the Union Territory, having no legislature has received a proposal from Andaman and Nicobar Administration for notifying under clause ( d ) of Section 2 of the RTE Act, the following categories of children as children belonging to disadvantaged group ;

( i ) children belonging to the Scheduled Tribe, as notified for Andaman and Nicobar Islands by the Andaman and Nicobar Administration;

( ii ) children belonging to the Other Backward Classes, as notified for the Andaman and Nicobar Islands by the Andaman and Nicobar Administration; and

( iii ) the orphans, children of families of scavengers, children with special needs and HIV affected or infected children;

And whereas, the Central Government has examined and considered the proposal of the Andman and Nicobar Administration;

Now, therefore, in pursuance of sub-clause ( d ) of Section 2 of the Right of Children to Free and Compulsory Education Act, the Central Government hereby notifies the following categories of children as children belonging to disadvantaged group for the Andaman and Nicobar Islands:

( i ) children belonging to the Scheduled Tribe, as notified for Andaman and Nicobar Islands by the Andaman and Nicobar Administration;

( ii ) children belonging to the Other Backward Classes, as notified for the Andaman and Nicobar Islands by the Andaman and Nicobar Administration; and

( iii ) the orphans, children of scavenger families, children with special needs and HIV affected or infected children.

Whereas sub-clause ( e ) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009) (hereinafter referred to as the RTE Act), defines a child belonging to weaker section as a child belonging to such parent or guardian whose annual income is lower than the minimum limit specified by the appropriate Government, by notification;

Whereas the Central Government, being the appropriate Government in relation to a school established, owned or controlled by the administrator of the Union Territory having no legislature has received a proposal from Andaman and Nicobar Administration for notifying under clause ( e ) of Section 2 of the RTE Act, a child belonging to a Below Poverty Line (BPL) family in Andaman and Nicobar Islands as notified by the Andaman and Nicobar Administration, as a child belonging to weaker section ;

Whereas the Central Government has examined and considered the proposal of the Andaman and Nicobar Administration;

Now, therefore, in pursuance of sub-clause ( e ) of Section 2 of the Right of Children to Free and Compulsory Education Act, the Central Government hereby notifies a child belonging to a Below Poverty Line (BPL) family in Andaman and Nicobar Islands as notified by the Andaman and Nicobar Administration as a child belonging to weaker section.

In exercise of the powers conferred by clause ( p ) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), the Central Government hereby specifies the schools established, managed and administered by the Central Tibetan Schools Administration, Government of India as specified category schools for the purposes of the said Act.

Whereas clause ( e ) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009) (hereinafter referred to as the RTE Act), defines child belonging to weaker section as a child belonging to such parent or guardian whose annual income is lower than the minimum limit specified by the appropriate Government, by notification;

Whereas the Central Government being the appropriate Government in relation to a school established, owned or controlled by the administrator of the Union territory having no legislature has received a proposal from Daman and Diu Administration for notifying under clause ( e ) of Section 2 of the RTE Act, a child belonging to all parents whose annual income is equal to or less than one lakh rupees annually as notified by the Daman and Diu Administration, as a child belonging to weaker section;

Whereas the Central Government has examined and considered the proposal of the Daman and Diu Administration;

Now, therefore, in pursuance of clause ( e ) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009 the Central Government hereby notifies a child belonging to parent or guardian whose annual income is equal to or less than one lakh rupees annually as notified by the Daman and Diu Administration, as a child belonging to weaker section.

Whereas clause ( d ) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009) (hereinafter referred to as the RTE Act), defines child belonging to disadvantaged group as a child belonging to the Scheduled Caste, the Scheduled Tribe, the socially and educationally backward class, or such other group having disadvantage owing to social, cultural, economical, geographical, linguistic, gender or such other factor, as may be specified by the appropriate Government, by notification;

And whereas, the Central Government, being the appropriate Government in relation to a school established, owned or controlled by the administrator of the Union territory, having no legislature has received a proposal from Daman and Diu Administration for notifying under clause ( d ) of Section 2 of the RTE Act, the Children of slum dwellers and landless agriculture labourers, Mangela, Mitna castes of Daman and Diu as children belonging to disadvantaged group . The ratio of the above children will be based on their population ratio of the total population of Union territory of Daman and Diu;

And whereas, the Central Government has examined and considered the proposal of the Union territory Administration of Daman and Diu;

Now, therefore, in pursuance of clause ( d ) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009, the Central Government hereby notifies the children of slum dwellers and landless agriculture labourers, Mangela, Mitna castes of Daman and Diu as children belonging to disadvantaged group .

In exercise of the powers conferred by sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), and in pursuance of Notification No. S.O. 750(E), dated 31st March, 2010, issued by the Department of School Education and Literacy, Ministry of Human Resource Development, Government of India, the National Council for Teacher Education (NCTE) hereby lays down the following minimum qualifications for a person to be eligible for appointment as a teacher in Class I to VIII in a school referred to in clause ( n ) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009, with effect from the date of this notification

1. Minimum Qualifications .

17 [( i ) Classes I-V

( a ) Senior Secondary (or its equivalent) with at least 50% marks and 2 year Diploma in Elementary Education (by whatever name known)

Or

Senior Secondary (or its equivalent) with at least 45% marks and 2 year Diploma in Elementary Education (by whatever name known), in accordance with the NCTE (Recognition Norms and Procedure), Regulations, 2002.

Or

Senior Secondary (or its equivalent) with at least 50% marks and 4 year Bachelor of Elementary Education (B.El.Ed.)

Or

Senior Secondary (or its equivalent) with at least 50% marks and 2 year Diploma in Education (Special Education)

Or

Graduation and two year Diploma in Elementary Education (by whatever name known)

18 [Or

Graduation with at least 50% marks and Bachelor of Education (B.Ed.)]

And

( b ) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.]

19 [( ii ) Classes VI-VIII

( a ) Graduation and 2 year Diploma in Elementary Education (by whatever name known)

Or

Graduation with at least 50% marks and 1 year Bachelor in Education (B.Ed.)

Or

Graduation with at least 45% marks and 1 year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard.

Or

Senior Secondary (or its equivalent) with at least 50% marks and 4 year Bachelor in Elementary Education (B.El.Ed.)

Or

Senior Secondary (or its equivalent) with at least 50% marks and 4 year B.A./B.Sc.Ed. or B.A. Ed./B.Sc.Ed.

Or

Graduation with at least 50% marks and 1 year B.Ed. (Special Education)

And

( b ) Pass in Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.]

2. Diploma/Degree Course in Teacher Education . For the purposes of this notification, a diploma/degree course in teacher education recognized by the National Council for Teacher Education (NCTE) only shall be considered. However, in case of Diploma in Education (Special Education) and B.Ed. (Special Education), a course recognized by the Rehabilitation Council of India (RCI) only shall be considered.

3. 20 [( i ) Training to be undergone . A person

21 [( a ) who has acquired the qualification of Bachelor of Education from any NCTE recognised institution shall be considered for appointment as a teacher in Classes I to V provided the person so appointed as a teacher shall mandatorily undergo a six month Bridge Course in Elementary Education recognised by the NCTE, within two years of such appointment as primary teacher.]

( b ) with D.Ed. (Special Education) or B.Ed. (Special Education) qualification shall undergo, after appointment an NCTE recognized 6 month Special Programme in Elementary Education;

( ii ) Reservation Policy . Relaxation up to 5% in the qualifying marks shall be allowed to the candidates belonging to reserved categories, such as SC/ST/OBC/PH.]

4. Teacher appointed before the date of this notification . The following categories of teachers appointed for Classes I to VIII prior to date of this notification need not acquire the minimum qualifications specified in para (1) above:

( a ) A teacher appointed on or after the 3rd September, 2001 i.e. the date on which the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time) came into force, in accordance with that regulation:

Provided that a teacher of Class I to V possessing B.Ed. qualification, or a teacher possessing B.Ed. (Special Education) or D.Ed. (Special Education) qualification shall undergo an NCTE recognized 6 months special programme on elementary education.

( b ) A teacher of Class I to V with B.Ed. qualification who has completed a 6 months Special Basic Teacher Course (Special BTC) approved by the NCTE;

( c ) A teacher appointed before the 3rd September, 2001, in accordance with the prevalent Recruitment Rules.

22 [5. ( a ) Teacher appointed after the date of this notification in certain cases . Where an appropriate Government or local authority or a school has issued an advertisement to initiate the process of appointment of teachers prior to the date of this notification, such appointments may be made in accordance with the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time).

( b ) The minimum qualification norms referred to in this notification apply to teachers of Languages, Social Studies, Mathematics, Science, etc. In respect of teachers for Physical Education, the minimum qualification norms for Physical Education teachers referred to in NCTE Regulation dated 3rd November, 2001 (as amended from time to time) shall be applicable. For teachers of Art Education, Craft Education, Home Science, Work Education, etc. the existing eligibility norms prescribed by the State Governments and other school managements shall be applicable till such time the NCTE lays down the minimum qualifications in respect of such teachers. ]

In exercise of the powers conferred by sub-section (2) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), and Rule 18 of the Right of Children to Free and Compulsory Education Rules, 2010, the Central Government hereby grants relaxation to the State of Orissa in respect of the minimum teacher qualification norms notified by the Notional Council for Teacher Education (NCTE) on 25th August, 2010 in the Gazette of India, Extraordinary, Part III, Section 4, insofar as they relate to Classes I-V and VI-VIII, as under

( a ) 2 Year Diploma in Elementary Education (by whatever name known) for appointment of a teacher in Classes I-V; and

( b ) 1 Year Bachelor in Education (B.Ed.) for appointment of a teacher in Classes VI to VIII.

2. The aforementioned relaxation would be valid for a period of one year from the date of the notification and shall be subject to the following conditions, namely

( i ) As specified in the aforementioned notification of the National Council for Teacher Education, the Government of Orissa should conduct the Teacher Eligibility Test (TET) in accordance with the Guidelines, dated 11th February, 2011 issued by the National Council for Teacher Education. Only those persons who pass the TET can be considered for appointment as a teacher in elementary classes. This would apply not only to Government and local body schools, but also to all aided and unaided schools;

( ii ) The State Government and other school managements should amend the Recruitment Rules to correspond with the minimum qualification norms laid down by the aforementioned notification of the National Council for Teacher Education;

( iii ) In the matter of appointment, the State Government shall give priority to those eligible candidates who possess the minimum qualifications specified in the National Council for Teacher Education Notification, dated 25th August, 2010, and only thereafter consider the eligible candidates with the relaxed qualifications specified in this notification;

( iv ) Advertisement for appointment of teachers should be given wide publicity (including outside the State);

( v ) The State Government and other school managements shall ensure that teachers not possessing the minimum academic and professional qualifications laid down in the aforementioned notification of the National Council for Teacher Education shall acquire the same within the time limit specified under sub-section (2) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009;

( vi ) The relaxation specified in this notification will be one-time and no further relaxation under sub-section (2) of Section 23 shall be given to the State Government.

3. In accordance with sub-para ( iii ) of Para 5 of the Teacher Eligibility Test (TET) Guidelines issued by the National Council for Teacher Education vide its letter dated 11th February, 2011, the following persons shall also be eligible for appearing in the Teacher Eligibility Test conducted by the Government of Orissa within one year of the issue of this notification:

( a ) For Classes I to V Senior Secondary (or equivalent) with at least 50 % marks;

( b ) For Classes VI to VIII B.A./B.Sc. with at least 50 % marks.

4. This notification is issued upon request by the State Government, since the State Government does not have adequate institutions offering courses or training in teacher education, or persons possessing minimum qualifications laid down in the notification dated 25th August, 2010 of the National Council for Teacher Education are not available in sufficient numbers.

Whereas the National Council for Teacher Education (hereinafter referred to as NCTE), in pursuance of sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), (hereinafter referred to as the RTE Act), laid down the minimum qualifications for a person to be eligible for appointment as a teacher in Classes I to VIII, vide Notification No. 215, published in the Gazette of India, Extraordinary, Part III, Section 4 on the 25th August, 2010;

2. And whereas, sub-section (2) of Section 23 of the RTE Act provides that where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications laid down under sub-section (1) of Section 23 of the RTE Act 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;

3. And whereas, in exercise of the powers under sub-section (1) of Section 35 of the RTE Act, the Central Government laid down the guidelines on the 8th November, 2010 for the State Governments for submitting proposal to the Central Government for grant of relaxation under sub-section (2) of Section 23 of the RTE Act;

4. And whereas, the State Government of West Bengal vide its letter dated the 1st February, 2011 submitted a proposal to the Central Government for grant of relaxation of the minimum qualification norms laid down by the NCTE in its notification published in the Gazette of India on the 25th August, 2010;

5. And whereas, the Central Government examined and considered the proposal of the State Government of West Bengal for grant of relaxation under sub-section (2) of Section 23 of the RTE Act;

6. Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 23 of the RTE Act, the Central Government hereby grants relaxation to the State Government of West Bengal in respect of the minimum teacher qualification norms notified by the NCTE as published in the Gazette of India, vide No. 215, dated the 25th August, 2010, insofar as they relate to Classes I-VIII, as under

( a ) 2 Years Diploma in Elementary Education (by whatever name known) for appointment of a teacher in Classes I-V; and

( b ) 1 Year Bachelor in Education (B. Ed.) for appointment of a teacher in Classes VI to VIII.

Note . The aforementioned relaxation shall be valid up to 31st March, 2014 and shall be subject to the following conditions, namely

( i ) as specified in the aforementioned notification of the NCTE, the State Government of West Bengal shall conduct the Teacher Eligibility Test (hereinafter referred to as TET) in accordance with the Guidelines, dated the 11th February, 2011 issued by the NCTE and only those persons who pass the TET can be considered for appointment as a teacher in elementary classes;

( ii ) the State Government and other school managements shall amend the Recruitment Rules to correspond with the minimum qualification norms laid down by the aforementioned notification of the NCTE.

( iii ) in the matter of appointment, the State Government shall give priority to those eligible candidates who possess the minimum qualifications specified in the NCTE's notification, dated the 25th August, 2010, and only thereafter, consider the eligible candidates with the relaxed qualifications specified in this notification.

( iv ) advertisement for appointment of teachers should be given wide publicity, including outside the State;

( v ) the State Government and other school managements shall ensure that teachers not possessing the minimum academic and professional qualifications laid down in the aforementioned notification of the NCTE shall acquire the same within the time limit specified under sub-section (2) of Section 23 of the RTE Act;

( vi ) the State Government and other school managements shall ensure that teachers who are appointed under the relaxed qualification norms acquire the minimum qualification specified in the NCTE notification within a period of two years from the year of appointment;

( vii ) the relaxation specified in this notification shall be one time and no further relaxation under sub-section (2) of Section 23 shall be granted to the State Government.

2. In accordance with sub-para ( iii ) of Para 5 of the TET Guidelines issued by the NCTE vide its letter, dated the 11th February, 2011, the following persons shall also be eligible for appearing in the TET conducted by the State Government of West Bengal in respect of teacher appointments made in the State up to the 31st March, 2014:

( i ) for Classes I to V Senior Secondary (or equivalent) with at least 50 % marks;

( ii ) for Classes VI to VIII Graduation with at least 50 % marks.

Whereas the National Council for Teacher Education (hereinafter referred to as NCTE), in pursuance of sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009) (hereinafter referred to as the RTE Act), laid down the minimum qualifications for a person to be eligible for appointment as a teacher in Classes I to VIII, vide Notification No. 215, published in the Gazette of India, Extraordinary, Part III, Section 4 on the 25th August, 2010;

2. And whereas, sub-section (2) of Section 23 of the RTE Act provides that where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications laid down under sub-section (1) of Section 23 of the RTE Act 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;

3. And whereas, in exercise of the powers under sub-section (1) of Section 35 of the RTE Act, the Central Government laid down the Guidelines on the 8th November, 2010 for the State Governments for submitting proposal to the Central Government for grant of relaxation under sub-section (2) of Section 23 of the RTE Act;

4. And whereas, the State Government of Manipur vide its letter dated the 16th June, 2011 submitted a proposal to the Central Government for grant of relaxation of the minimum qualifications norms laid down by the NCTE in its notification published in the Gazette of India on the 25th August, 2010;

5. And whereas, the Central Government examined and considered the proposal of the Government of Manipur for grant of relaxation under sub-section (2) of Section 23 of the RTE Act;

6. Now therefore, in exercise of the powers conferred by sub-section (2) of Section 23 of the RTE Act, the Central Government hereby grants relaxation to the State Government of Manipur in respect of the minimum teacher qualification norms notified by the NCTE, published on the 25th August, 2010, insofar as they relate to Classes I-VIII, as under

( a ) 2 Years Diploma in Elementary Education (by whatever name known) for appointment of a teacher in Classes I-VIII; and

( b ) 1 Year Bachelor in Education (B. Ed.) for appointment of a teacher in Classes VI to VIII.

Note 1. The aforementioned relaxation shall be valid up to the 31st March, 2013 and shall be subject to the following conditions, namely

( i ) as specified in the aforementioned notification of the NCTE, the State Government of Manipur shall conduct the Teacher Eligibility Test (hereinafter referred to as TET), in accordance with the Guidelines, dated the 11th February, 2011 issued by the NCTE and only those persons who pass the TET can be considered for appointment as a teacher in elementary classes;

( ii ) the State Government and other school managements shall amend the recruitment rules to correspond with the minimum qualification norms laid down by the aforementioned notification of the NCTE;

( iii ) in the matter of appointment, the State Government shall give priority to those eligible candidates who possess the minimum qualifications specified in the NCTE notification dated the 25th August, 2010, and only thereafter consider the eligible candidates with the relaxed qualifications specified in this notification;

( iv ) advertisement for appointment of teachers should be given wide publicity, including outside the State;

( v ) the State Government and other school managements shall ensure that teachers not possessing the minimum academic and professional qualifications laid down in the aforementioned notification of the NCTE shall acquire the same within the time limit specified under sub-section (2) of Section 23 of the RTE Act, 2009;

( vi ) the State Government and other school managements shall ensure that teachers who are appointed under the relaxed qualification norms acquire the minimum qualification specified in the NCTE notification within a period of two years from the year of appointment;

( vii ) the relaxation specified in this notification shall be one-time and no further relaxation under sub-section (2) of Section 23 shall be granted to the State Government;

( viii ) the State Government shall ensure that the annual intake capacity for the two year Diploma in Elementary Education course in the District Institutes of Education and Training in Manipur is utilised only for preparing prospective elementary school teachers and not for imparting face-to-face Diploma in Elementary Education course to existing untrained teachers.

Note 2. In accordance with sub-para ( iii ) of Para 5 of the TET Guidelines issued by the NCTE vide its letter dated the 11th February, 2011, the following persons shall also be eligible for appearing in the TET conducted by the State Government of Manipur in respect of teacher appointments made in the State up to the 31st March, 2013

( a ) For Classes I to V Senior Secondary (or equivalent) with at least 50 per cent marks;

( b ) For Classes VI to VIII Graduation with at least 50 per cent marks.

Whereas the National Council for Teacher Education (hereinafter referred to as NCTE), in pursuance of sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009) (hereinafter referred to as the RTE Act), laid down the minimum qualifications for a person to be eligible for appointment as a teacher in Classes I to VIII, vide Notification No. 215 published in the Gazette of India, Extraordinary, Part III, Section 4 on the 25th August, 2010;

2. And whereas, sub-section (2) of Section 23 of the RTE Act provides that where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications laid down under sub-section (1) of Section 23 of the RTE Act 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;

3. And whereas, in exercise of the powers under sub-section (1) of Section 35 of the RTE Act, the Central Government laid down the guidelines on the 8th November, 2010 for the State Governments for submitting proposal to the Central Government for grant of relaxation under sub-section (2) of Section 23 of the RTE Act;

4. And whereas, the State Government of Bihar vide its letter, dated the 1st March, 2011 submitted a proposal to the Central Government for grant of relaxation of the minimum qualification norms laid down by the NCTE in its notification published in the Gazette of India on the 25th August, 2010;

5. And whereas, the Central Government examined and considered the proposal of the State Government of Bihar for grant of relaxation under sub-section (2) of Section 23 of the RTE Act;

6. Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 23 of the RTE Act, the Central Government hereby grants relaxation to the State Government of Bihar in respect of the minimum teacher qualification norms notified by the NCTE as published in the Gazette of India, vide No. 215, dated the 25th August, 2010, insofar as they relate to Classes I-VIII, as under

( a ) 2 Years Diploma in Elementary Education (by whatever name known) for appointment of a teacher in Classes I-V; and

( b ) 1 Year Bachelor in Education (B. Ed.) for appointment of a teacher in Classes VI to VIII.

Note . The aforementioned relaxation shall be valid up to 31st March, 2015 and shall be subject to the following conditions, namely

( i ) as specified in the aforementioned notification of the NCTE, the State Government of Bihar shall conduct the Teacher Eligibility Test (hereinafter referred to as TET) in accordance with the Guidelines, dated the 11th February, 2011 issued by the NCTE and only those persons who pass the TET can be considered for appointment as a teacher in elementary classes;

( ii ) the State Government and other school managements shall amend the Recruitment Rules to correspond with the minimum qualification norms laid down by the aforementioned notification of the NCTE;

( iii ) in the matter of appointment, the State Government shall give priority to those eligible candidates who possess the minimum qualifications specified in the NCTE's notification, dated the 25th August, 2010, and only thereafter, consider the eligible candidates with the relaxed qualifications specified in this notification.

( iv ) advertisement for appointment of teachers should be given wide publicity, including outside the State;

( v ) the State Government and other school managements shall ensure that teachers not possessing the minimum academic and professional qualifications laid down in the aforementioned notification of the NCTE shall acquire the same within the time limit specified under sub-section (2) of Section 23 of the RTE Act;

( vi ) the State Government and other school managements shall ensure that teachers who are appointed under the relaxed qualification norms acquire the minimum qualification specified in the NCTE notification within a period of two years from the year of appointment;

( vii ) the relaxation specified in this notification shall be one time and no further relaxation under sub-section (2) of Section 23 shall be granted to the State Government.

2. In accordance with sub-para ( iii ) of Para 5 of the TET Guidelines issued by the NCTE vide its letter, dated the 11th February, 2011, the following persons shall also be eligible for appearing in the TET conducted by the State Government of Bihar in respect of teacher appointments made in the State up to the 31st March, 2015:

( i ) for Classes I to V Senior Secondary (or equivalent) with at least 50% marks;

( ii ) for Classes VI to VIII Graduation with at least 50% marks.

Whereas the National Council for Teacher Education (hereinafter referred to as the Council), in pursuance of sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (No. 35 of 2009), (hereinafter referred to as the said Act), has, vide notification number F. No. 61-03/20/2010/NCTE/(N&S), published in the Gazette of India, Extraordinary, Part III, Section 4, dated the 25th August, 2010, laid down the minimum qualifications for a person to be eligible for appointment as a teacher in Classes I to VIII in a school referred to in clause ( n ) of Section 2 of the said Act;

And whereas, sub-section (2) of Section 23 of the said Act provides that where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications laid down under sub-section (1) of Section 23 of the said Act 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;

And whereas, the State Government of Assam vide its letter dated the 16th June, 2011 submitted a proposal to the Central Government for relaxation of the requirement of minimum qualifications for appointment of teachers laid down by the Council under sub-section (1) of Section 23 of the said Act;

And whereas, the Central Government perused the proposal of the State Government of Assam for relaxation of the requirement of minimum qualifications for appointment as teachers under sub-section (2) of Section 23 of the said Act;

Now therefore, in exercise of the powers conferred by sub-section (2) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), the Central Government hereby relaxes, in respect of the State of Assam, the minimum qualifications notified by the National Council for Teacher Education under sub-section (1) of Section 23 of the said Act vide notification F. No. 61-03/20/2010/NCTE/(N&S), dated the 25th August, 2010 (the said notification), in so far as they relate to Classes I to VIII, namely

( a ) 2 year Diploma in Elementary Education (by whatever name known) for appointment of a teacher in Classes I to VIII; and

( b ) 1-year Bachelors in Education for appointment of a teacher in Classes VI to VIII.

2. The relaxation granted under this notification shall be valid for a period up to the 31st March, 2015 subject to fulfilment of following conditions, namely

( i ) the State Government of Assam shall conduct the Teacher Eligibility Test as specified in the said notification of the Council in accordance with the Guidelines for conducting Teacher Eligibility Test, dated the 11th February, 2011 issued by the Council and those persons who pass the Teacher Eligibility Test be considered for appointment as a teacher in Classes I to VIII;

( ii ) the State Government and other school managements shall amend the recruitment rules to provide for the minimum qualifications required for appointment of teachers laid down by the said notification of the Council;

( iii ) the State Government shall in the matter of appointment give priority to those eligible candidates who possess the minimum qualifications specified in the said notification, and thereafter consider other candidates eligible with the relaxed qualifications under this notification;

( iv ) advertisement for appointment of teachers shall be given wide publicity, including outside the State.

( v ) the State Government and other school managements shall ensure that teachers employed or engaged by them who do not possess the minimum qualifications required for appointment of teachers laid down in the said notification of the Council shall acquire the minimum qualifications within the time limit specified under sub-section (2) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009;

( vi ) the State Government and other school managements shall ensure that teachers who are appointed with the relaxed qualification, acquire the minimum qualification specified in the said notification within a period of two years from the year of their appointment;

( vii ) the relaxation specified in this notification shall be one-time and no further relaxation under sub-section (2) of Section 23 shall be granted to the State of Assam;

( viii ) the State Government shall ensure that the annual intake capacity for the two-year Diploma in Elementary Education course in the District Institutes of Education and Training in the State of Assam is utilised for preparing prospective elementary school teachers and not for imparting face-to-face Diploma in Elementary Education course to existing untrained teachers;

( ix ) the State Government shall take steps to increase the institutional capacity for preparing persons with specified qualifications so as to ensure that only qualified persons are appointed as teachers in Classes I to VIII after the 31st March, 2015; and

( x ) the persons possessing the following qualifications shall also be eligible for appearing in the Teacher Eligibility Test conducted by the State Government of Assam in respect of teacher appointments made in the State up to the 31st March, 2015, in accordance with sub-paragraph ( iii ) of Paragraph 5 of the Teacher Eligibility Test Guidelines issued by the Council vide its letter dated the 11th February, 2011, namely

( a ) Senior Secondary (or equivalent) with at least fifty per cent marks, for Classes I to V;

( b ) Graduation with at least fifty per cent marks, for Classes VI to VIII.

Whereas the National Council for Teacher Education (hereinafter referred to as the Council), in pursuance of sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (No. 35 of 2009), (hereinafter referred to as the said Act), has, vide Notification Number F. No. 61-03/20/2010/NCTE/(N&S), published in the Gazette of India, Extraordinary, Part III, Section 4, dated the 25th August, 2010, laid down the minimum qualifications for a person to be eligible for appointment as a teacher in Classes I to VIII in a school referred to in clause ( n ) of Section 2 of the said Act;

And whereas, sub-section (2) of Section 23 of the said Act provides that where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications laid down under sub-section (1) of Section 23 of the said Act 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;

And whereas, the State Government of Chhattisgarh vide its letter dated the 5th May, 2011 submitted a proposal to the Central Government for relaxation of the requirement of minimum qualifications for appointment of teachers laid down by the Council under sub-section (1) of Section 23 of the said Act;

And whereas, the Central Government perused the proposal of the State Government of Chhattisgarh for relaxation of the requirement of minimum qualifications for appointment as teachers under sub-section (2) of Section 23 of the said Act;

Now therefore, in exercise of the powers conferred by sub-section (2) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), the Central Government hereby relaxes in respect of the State of Chhattisgarh the minimum qualifications notified by the National Council for Teacher Education under sub-section (1) of Section 23 of the said Act vide Notification F. No. 61-03/20/2010/NCTE/(N&S), dated the 25th August, 2010 (the said notification), in so far as they relate to Classes I to VIII, namely

( a ) 2 year Diploma in Elementary Education (by whatever name known) for appointment of a teacher in Classes I to VIII; and

( b ) 1-year Bachelor in Education for appointment of a teacher in Classes VI to VIII.

2. The relaxation granted under this notification shall be valid for a period up to the 31st March, 2014 subject to fulfilment of following conditions, namely

( i ) the State Government of Chhattisgarh shall conduct the Teacher Eligibility Test as specified in the said notification of the Council in accordance with the Guidelines for conducting Teacher Eligibility Test, dated the 11th February, 2011 issued by the Council and those persons who pass the Teacher Eligibility Test be considered for appointment as a teacher in Classes I to VIII;

( ii ) the State Government and other school managements shall amend the recruitment rules to provide for the minimum qualifications required for appointment of teachers laid down by the said notification of the Council;

( iii ) the State Government shall in the matter of appointment give priority to those eligible candidates who possess the minimum qualifications specified in the said notification dated the 25th August, 2010, and thereafter consider other candidates eligible with the relaxed qualifications under this notification;

( iv ) advertisement for appointment of teachers shall be given wide publicity, including outside the State;

( v ) the State Government and other school managements shall ensure that teachers, employed or engaged by them who do not possess the minimum qualifications required for appointment of teachers laid down in the said notification of the Council shall acquire the minimum qualifications within the time limit specified under sub-section (2) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009;

( vi ) the State Government and other school managements shall ensure that teachers, who are appointed with the relaxed qualification, acquire the minimum qualification specified in the said notification within a period of two years from the year of appointment;

( vii ) the relaxation specified in this notification shall be one-time and no further relaxation under sub-section (2) of Section 23 shall be granted to the State of Chhattisgarh;

( viii ) the State Government shall ensure that the annual intake capacity for the two-year Diploma in Elementary Education course in the District Institutes of Education and Training in the State of Chhattisgarh is utilised for preparing prospective elementary school teachers and not for imparting face-to-face Diploma in Elementary Education course to existing untrained teachers;

( ix ) the State Government shall take steps to increase the institutional capacity for preparing persons with specified qualifications so as to ensure that only qualified persons are appointed as teachers in Classes I to VIII after the 31st March, 2014; and

( x ) the persons possessing the following qualifications shall also be eligible for appearing in the Teacher Eligibility Test conducted by the State Government of Chhattisgarh in respect of teacher appointments made in the State up to the 31st March, 2014, in accordance with sub-paragraph ( iii ) of Paragraph 5 of the Teacher Eligibility Test Guidelines issued by the Council vide its letter dated the 11th February, 2011, namely

( a ) Senior Secondary (or equivalent) with at least fifty per cent marks, for Classes I to V;

( b ) Graduation with at least fifty per cent marks, for Classes VI to VIII.

Whereas the National Council for Teacher Education (hereinafter referred to as the Council), in pursuance of sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009) (hereinafter referred to as the said Act), has vide Notification Number F. No. 61-03/20/2010/NCTE/(N & S), dated the 23rd August, 2010, published in the Gazette of India, Extraordinary, Part III, Section 4, dated the 25th August, 2010, laid down the minimum qualifications for a person to be eligible for appointment as a teacher in Classes I to VIII in a school referred to in clause ( n ) of Section 2 of the said Act. This notification was amended vide notification No. 158, published in the Gazette of India, Extraordinary, Part III, Section 4, dated 2nd August, 2011;

And whereas sub-section (2) of Section 23 of the said Act provides that where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications laid down under sub-section (1) of Section 23 of the said Act 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;

And whereas the State Government of Madhya Pradesh vide its letter dated the 3rd May, 2011 submitted a proposal to the Central Government for relaxation of the requirement of minimum qualifications for appointment of teachers laid down by the Council under sub-section (1) of Section 23 of the said Act;

And whereas the Central Government perused the proposal of the State Government of Madhya Pradesh for relaxation of the requirement of minimum qualifications for appointment as teachers under sub-section (2) of Section 23 of the said Act;

Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), the Central Government hereby relaxes in respect of the State of Madhya Pradesh, the minimum qualifications notified by the National Council for Teacher Education under sub-section (1) of Section 23 of the said Act vide Notification Number 215, dated the 25th August, 2010 (the said notification), as amended by Notification Number 158, dated the 2nd August, 2011 (the amended notification) insofar as they relate to Classes I to VIII, namely

( a ) Two year Diploma in Elementary Education (by whatever name known) for appointment of a teacher in Classes I to VIII; and

( b ) one-year Bachelors in Education for appointment of a teacher in Classes VI to VIII.

2. The relaxation granted under this notification shall be valid for a period up to the 31st March, 2013, subject to fulfilment of following conditions, namely

( i ) the State Government of Madhya Pradesh shall conduct the Teacher Eligibility Test as specified in the said Notification as amended from time to time, of the Council in accordance with the Guidelines for conducting Teacher Eligibility Test, dated the 11th February, 2011 issued by the Council and those persons who pass the Teacher Eligibility Test be considered for appointment as a teacher in Classes I to VIII;

( ii ) the State Government and other school managements shall amend the recruitment rules to provide for the minimum qualifications required for appointment of teachers laid down by the said notification and the amended notification of the Council;

( iii ) the State Government shall in the matter of appointment give priority to those eligible candidates who passes the minimum qualifications specified in the said notification dated the 25th August, 2010, as amended from time to time and thereafter, consider other candidates eligible with the relaxed qualifications under this notification;

( iv ) advertisement for appointment of teachers shall be given wide publicity, including outside the State;

( v ) the State Government and other school managements shall ensure that teachers employed or engaged by them who do not possess the minimum qualifications required for appointment of teachers laid down in the said notification as amended from time to time of the Council shall acquire the minimum qualifications with the time limit specified under sub-section (2) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009;

( vi ) the State Government and other school managements shall ensure that teachers who are appointed under the relaxed qualification norms acquire the minimum qualification specified in the said notification within a period of two years from the year of appointment;

( vii ) the relaxations specified in this notification will be one time and no further relaxation under sub-section (2) of Section 23 shall be granted to the State of Madhya Pradesh; and

( viii ) the State Government shall take steps to increase the institutional capacity for preparing persons with specified qualifications so as to ensure that only qualified persons are appointed as teachers in Classes I to VIII after the 31st March, 2013.

3. The persons possessing the following qualifications shall also be eligible for appearing in the Teacher Eligibility Test conducted by the State Government of Madhya Pradesh in respect of teacher appointments made in the State up to the 31st March, 2013, in accordance with sub-paragraph ( iii ) of Paragraph 5 of the Teacher Eligibility Test Guidelines, issued by the Council vide its letter dated the 11th February, 2011, namely

( a ) Senior Secondary (or equivalent) with at least fifty per cent marks, for Classes I to V;

( b ) Graduation, for Classes I to VIII.

Whereas the National Council for Teacher Education (hereinafter referred to as the Council), in pursuance of sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), (hereinafter referred to as the said Act), has, vide its Notification Number F.No. 61/03/20/2010/NCTE/(N&S), dated the 23rd August, 2010, published in the Gazette of India, Extraordinary, Part III, Section 4, dated the 25th August, 2010 (hereinafter referred to as the said notification), as amended vide Notification Number 61-1/2011-NCTE(N&S), published in the Gazette of India, Extraordinary, Part III, Section 4, dated the 2nd August, 2011, laid down the minimum qualifications for a person to be eligible for appointment as a teacher for Classes I to VIII in a school referred to in clause ( n ) of Section 2 of the said Act;

And whereas sub-clause ( a ) of clause ( i ) of Paragraph 3 of the said notification as amended from time of time, provides that a person with graduation with at least fifty per cent marks and Bachelor of Education (B.Ed.) qualification or with at least forty-five per cent marks and one year Bachelor in Education in accordance with the National Council for Teacher Education (NCTE)(Recognition Norms and Procedure) Regulations, referred to in the said Notification as amended from time to time, shall also be eligible for appointment to Class I to V up to 1st January, 2012 provided he/she undergoes, after appointment, a National Council for Teacher Education (NCTE) recognised six month Special Programme in Elementary Education;

And whereas sub-section (2) of Section 23 of the said Act provides that where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications laid down under sub-section (1) of Section 23 of the said Act 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;

And whereas the State Government of Uttar Pradesh vide its letter dated the 26th of July, 2012 submitted a proposal to the Central Government for relaxation of the requirement of minimum qualifications for appointment of teachers laid down by the Council under sub-section (1) of Section 23 of the said Act, by allowing persons referred to in sub-clause ( a ) of clause ( i ) of Paragraph 3 of the said notification, as amended from time to time, eligible for appointment as a teacher for Classes I to V beyond the date of 1st January, 2012, subject to the fulfilment of conditions laid down in the said sub-clause.

And whereas the Central Government on being satisfied with the proposal of the State Government of Uttar Pradesh that the teachers possessing minimum qualification as laid down under sub-section ( i ) of Section 23 of the said Act are not available in that State in sufficient numbers, and it deems necessary that the requirement of minimum qualifications for appointment as teachers in respect of State of Uttar Pradesh be relaxed under sub-section (2) of Section 23 of the said Act;

Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), the Central Government hereby relaxes in respect of the State of Uttar Pradesh, the minimum qualifications laid down by the National Council for Teacher Education under sub-section (1) of Section 23 of the said Act in so far as they relate to Classes I to V, and allows persons referred to in sub-clause ( a ) of clause ( i ) of Paragraph 3 of the said notification as amended from time to time, eligible for appointment as a teacher for Classes I to V beyond the 1st January, 2012, subject fulfilment of the conditions specified under the said sub-clause.

2. The relaxation granted under this notification shall be valid for a period up to the 31st March, 2014, subject to fulfilment of following conditions, namely

( i ) the State Government shall conduct the Teacher Eligibility Test as specified in the said notification as amended from time to time, in accordance with the Guidelines for conducting Teacher Eligibility Test, under the Right of Children to Free and Compulsory Education Act, 2009, issued by the Council vide its letter dated the 11th February, 2011 and those persons who pass the Teacher Eligibility Test be considered for appointment as a teacher in Classes I to VIII.

( ii ) the State Government and other school managements shall amend the recruitment rules relating to appointment of teachers so as to provide for the minimum qualifications required for appointment of teachers laid down under the said notification as amended from time to time;

( iii ) the State Government shall in the matter of appointment of teacher give priority to those eligible candidates who possess the minimum qualifications specified in the said notification as amended from time to time and thereafter consider other candidates eligible with the qualifications referred to in sub-clause ( a ) of clause ( i ) of Paragraph 3 thereof;

( iv ) advertisement for appointment of teachers shall be given wide publicity, including outside the State;

( v ) the State Government and other school managements shall ensure that teachers employed or engaged by them who possess the minimum qualifications referred to in sub-clause ( a ) of clause ( i ) of Paragraph 3 of the said notification as amended from time to time, under go, after appointment, a National Council for Teacher Education (NCTE) recognised six month Special Programme in Elementary Education;

( vi ) the relaxation specified in this notification shall be one-time and no further relaxation under sub-section (2) of Section 23 shall be granted to the State of Uttar Pradesh; and

( vii ) the State Government shall take steps to increase the institutional capacity for preparing persons with specified qualifications so as to ensure that only persons possessing qualifications laid down under the said notification are appointed as teachers for Classes I to V after the 31st March, 2014.

3. The persons referred to in sub-clause ( a ) of clause ( i ) of Paragraph 3 of the said notification as amended from time to time, shall also be eligible for appearing in the Teacher Eligibility Test conducted by the State Government in respect of teacher appointments made in the State up to 31st March, 2014, in accordance with sub-paragraph ( iii ) of Paragraph 5 of the Guidelines for conducting Teacher Eligibility Test under the Right of Children to Free and Compulsory Education Act, 2009 issued by the Council vide its letter dated the 11th February, 2011.

Whereas the National Council for Teacher Education (hereinafter referred to as the Council), in pursuance of sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), (hereinafter referred to as the said Act), has, vide Notification Number F.No. 61-03/20/2010/NCTE/(N&S), dated the 23rd August, 2010, published in the Gazette of India, Extraordinary, Part III, Section 4, dated the 25th August, 2010, laid down the minimum qualifications for a person to be eligible for appointment as a teacher in Classes I to VIII in a school referred to in clause ( n ) of Section 2 of the said Act.

And whereas sub-section (2) of Section 23 of the said Act provides that where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications as laid down under sub-section (1) of Section 23 of the said Act 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;

And whereas the State Government of Nagaland vide its letter dated the 9th July, 2012 submitted a proposal to the Central Government for relaxation of the requirement of minimum qualifications for appointment of teachers laid down by the Council under sub-section (1) Section 23 of the said Act;

And whereas the Central Government has examined and considered the proposal of the State Government of Nagaland for relaxation of the requirement of minimum qualifications for appointment as teachers under sub-section (2) of Section 23 of the said Act;

Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), the Central Government hereby relaxes in respect of the State of Nagaland, the minimum qualifications notified by the National Council for Teacher Education under sub-section (1) of Section 23 of the said Act vide Notification Number F. No. 61-03/2010/NCTE/(N&S), dated the 23rd August, 2010 (hereinafter referred to as the said notification insofar as they relate to Classes I to VIII, namely

( a ) two year Diploma in Elementary Education (by whatever name known) for appointment of a teacher in Classes I to VIII; and

( b ) one year Bachelor in Education for appointment of a teacher in Classes VI to VIII.

2. The relaxation granted under this notification shall be valid for a period up to the 31st March, 2014, subject to fulfilment of following conditions, namely

( i ) the State Government of Nagaland shall conduct the Teacher Eligibility Test as specified in the said notification in accordance with the Guidelines for conducting Teacher Eligibility Test, dated the 11th February, 2011 issued by the Council and those person who pass the Teacher Eligibility Test be considered for appointment as a teacher in Classes I to VIII.

( ii ) the State Government and other school managements shall amend the recruitment rules to provide for the minimum qualifications required for appointment of teachers as laid down by the said notification;

( iii ) the State Government shall in the matter of appointment give priority to those eligible candidates who possess the minimum qualifications specified in the said notification and only thereafter, consider other candidates eligible with the relaxed qualifications under this notification;

( iv ) advertisement for appointment of teachers shall be given wide publicity, including outside the State;

( v ) the State Government and other school managements shall ensure that the teachers employed or engaged by them who do not possess the minimum qualifications required for appointment of teachers as laid down in the said notification shall acquire the minimum qualifications within the time limit specified under sub-section (2) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009;

( vi ) the State Government and other school managements shall ensure that the teachers who are appointed under the relaxed qualification norms acquire the minimum qualification specified in the said notification within a period of two years from the year of appointment;

( vii ) the State Government shall take steps to increase the institutional capacity for preparing persons with specified qualifications so as to ensure that only qualified persons are appointed as teachers in Classes I to VIII after the 31st March, 2014; for this, purpose the State Government shall prepare a strategy for increasing the institutional capacity for teacher preparation in the State and submit the same to the Central Government within a period of one month, and thereafter, submit a report to the Central Government every six months with regard to the steps taken, including increasing capacity in existing teacher education institutions, establishment of new teacher education institutions, and other steps, to implement the strategy for increasing teacher preparation capacity in the State;

( viii ) the State Government shall ensure that the District Institutes of Education and Training are utilised only for teacher preparation and not for providing Diploma in Education (D.Ed.) qualification on a face-to-face mode to existing in-service teachers; and

( ix ) the relaxation specified in this notification will be one-time and no further relaxation under sub-section (2) of Section 23 of the said Act shall be granted to the State of Nagaland.

3. The persons possessing the following qualifications shall also be eligible for appearing in the Teacher Eligibility Test conducted by the State Government of Nagaland in respect of teacher appointments made in the State up to 31st March, 2014, in accordance with sub-paragraph ( iii ) of Paragraph 5 of the Teacher Eligibility Test Guidelines, issued by the Council vide its letter dated the 11th February, 2011, namely

( a ) Senior Secondary (or equivalent) with at least fifty per cent marks, for Classes I to V;

( b ) Graduation, for Classes I to VIII.

Whereas the National Council for Teacher Education (hereinafter referred to as the Council), in pursuance of sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), (hereinafter referred to as the said Act), has, vide its Notification Number F. No. 61/03/20/2010/NCTE/(N&S), dated the 23rd August, 2010, published in the Gazette of India, Extraordinary, Part III, Section 4, dated the 25th August, 2010 (hereinafter referred to as the said notification), laid down the minimum qualifications for a person to be eligible for appointment as a teacher for Classes I to VIII in a school referred to in clause ( n ) of Section 2 of the said Act.

And whereas sub-clause ( a ) of clause ( i ) of Paragraph 3 of the said notification as amended from time to time, provides that a person with graduation with at least fifty per cent marks and Bachelor of Education (B.Ed.) qualification or with at least forty-five per cent marks and one year Bachelor in Education in accordance with the National Council for Teacher Education (NCTE) (Recognition Norms and Procedure) Regulations, referred to in the said notification as amended from time to time, shall also be eligible for appointment to Classes I to V up to 1st January, 2012, provided he/she undergoes, after appointment, a National Council for Teacher Education (NCTE) recognised six month special Programme in Elementary Education.

And whereas sub-section (2) of Section 23 of the said Act provides that where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications as laid down under sub-section (1) of Section 23 of the said Act 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;

And whereas the State Government of Uttarakhand vide its letter dated the 3rd August, 2012 submitted a proposal to the Central Government for relaxation of the requirement of minimum qualifications for appointment of teachers laid down by the Council under sub-section (1) of Section 23 of the said Act, by allowing persons referred to in sub-clause ( a ) of clause ( i ) of Paragraph 3 of the said notification, as amended from time to time, eligible for appointment as a teacher for Classes I to V beyond 1st January, 2012, subject to the fulfilment of conditions laid down in the said sub-clause.

And whereas the Central Government on being satisfied with the proposal of the State Government of Uttarakhand that the teachers possessing minimum qualification as laid down under sub-section (1) of Section 23 of the said Act are not available in that State in sufficient numbers, and it deems necessary that the requirement of minimum qualifications for appointment as teachers in respect of State of Uttarakhand be relaxed under sub-section (2) of Section 23 of the said Act;

Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 23 of the said Act, the Central Government hereby relaxes in respect of the State of Uttarakhand, the minimum qualifications laid down by the Council under sub-section (1) of Section 23 of the said Act insofar as they relate to Classes I to V, and allows persons referred to in sub-clause ( a ) of clause ( i ) of Paragraph 3 of the said notification as amended from time to time, eligible for appointment as teacher for Classes I to V beyond the 1st January, 2012, subject to fulfilment of the conditions specified under the said sub-clause.

2. The relaxation granted under this notification shall be valid for a period up to the 31st March, 2014, subject to fulfilment of following conditions, namely

( i ) the State Government shall conduct the Teacher Eligibility Test as specified in the said notification as amended from time to time, in accordance with the Guidelines for conducting Teacher Eligibility Test, under the said Act, issued by the Council vide its letter dated the 11th February, 2011 and those persons who pass the Teacher Eligibility Test be considered for appointment as teacher in Classes I to VIII;

( ii ) the State Government and other school managements shall amend the recruitment rules relating to appointment of teachers so as to provide for the minimum qualifications required for appointment of teachers, laid down under the said notification as amended from time to time;

( iii ) the State Government shall in the matter of appointment of teachers give priority to those eligible candidates who possess the minimum qualifications specified in the said notification as amended from time to time and thereafter consider other candidates eligible with the qualifications referred to in sub-clause ( a ) of clause ( i ) of Paragraph 3 thereof;

( iv ) advertisement for appointment of teachers shall be given wide publicity, including outside the State;

( v ) the State Government and other school managements shall ensure that teachers employed or engaged by them who possess the minimum qualifications referred to in sub-clause ( a ) of clause ( i ) of Paragraph 3 of the said notification as amended from time to time, undergo, after appointment, a National Council for Teacher Education (NCTE) recognised six month special Programme in Elementary Education;

( vi ) the relaxation specified in this notification shall be one-time and no further relaxation under sub-section (2) of Section 23 of the said Act shall be granted to the State of Uttarakhand; and

( vii ) the State Government shall take steps to increase the institutional capacity for preparing persons with specified qualifications so as to ensure that only persons possessing qualifications laid down under the said notification are appointed as teachers for Classes I to V after the 31st March, 2014.

3. The persons referred to in sub-clause ( a ) of clause ( i ) of Paragraph 3 of the said notification as amended from time to time, shall also be eligible for appearing in the Teacher Eligibility Test conducted by the State Government in respect of teacher appointments made in the State up to 31st March, 2014, in accordance with sub-paragraph ( iii ) of Paragraph 5 of the guidelines for conducting Teacher Eligibility Test under the said Act issued by the Council vide its letter dated the 11th February, 2011.

Whereas the National Council for Teacher Education (hereinafter referred to as the Council), in pursuance of sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), (hereinafter referred to as the said Act), has, vide Notification Number F. No. 61-03/20/2010/NCTE/(N&S), dated the 23rd August, 2010, published in the Gazette of India, Extraordinary, Part III, Section 4, dated the 25th August, 2010, as amended vide Notification No. 61-1/2011-NCTE(N&S) published in the Gazette of India, Extraordinary, Part III, Section 4, dated 2nd August, 2011 laid down the minimum qualifications for a person to be eligible for appointment as a teacher for Classes I to VIII in a school referred to in clause ( n ) of Section 2 of the said Act.

And whereas sub-section (2) of Section 23 of the said Act provides that where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications as laid down under sub-section (1) of Section 23 of the said Act 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;

And whereas the State Government of Himachal Pradesh vide its letter dated the 21st July, 2012 submitted a proposal to the Central Government for relaxation of the requirement of minimum qualification of Bachelor in Education (B.Ed.) in respect of Language Teachers (Hindi) and Shastri (Sanskrit) for appointment as teachers for Class VI to Class VIII as laid down by the Council under sub-section (1) of Section 23 of the said Act;

And whereas the Central Government on being satisfied with the proposal of the State Government of Himachal Pradesh that possessing minimum qualifications as laid down under sub-section (1) of Section 23 of the said Act in respect of Language Teachers (Hindi) and Shastri (Sanskrit) are not available in that State and it deems necessary that relaxation of the requirement of minimum qualifications for appointment of Language Teachers (Hindi) and Shastri (Sanskrit) as teachers in respect of State of Himachal Pradesh may be relaxed under sub-section (2) of Section 23 of the said Act;

Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), the Central Government hereby relaxes in respect of the State of Himachal Pradesh, the requirement of the minimum qualifications laid down by the National Council for Teacher Education under sub-section (1) of Section 23 of the said Act vide notification number F. No. 61-03/2010/NCTE/(N&S), dated the 23rd August, 2010 (hereinafter referred to as the said notification), as amended by Notification Number 158, dated the 2nd August, 2011, insofar as they relates to Classes VI to VIII, namely one year Bachelor in Education for appointment of a Language teacher (Hindi) and Shastri for Classes VI to VIII.

2. The relaxation granted under this notification shall be valid for a period up to the 31st March, 2014, subject to fulfilment of following conditions, namely

( i ) the State Government shall conduct the Teacher Eligibility Test as specified in the said notification, as amended from time to time, of the Council in accordance with the Guidelines for conducting Teacher Eligibility Test under the said Act issued by the Council vide its letter dated the 11th February, 2011 and those persons who pass the Teacher Eligibility Test be considered for appointment as a Language teacher (Hindi) and Shastri (Sanskrit) for Classes VI to VIII;

( ii ) the State Government and other school managements shall amend the recruitment rules relating to appointment of teachers so as to provide for the minimum qualifications required for appointment of teachers as laid down under the said notification as amended from time to time;

( iii ) the State Government shall in the matter of appointment of teachers give priority to those eligible candidates who possess the minimum qualifications specified in the said notification, as amended from time to time, and thereafter, consider other candidates eligible with the relaxed qualifications under this notification;

( iv ) the State Government and other school managements shall ensure that the teachers who are appointed under the relaxed qualification norms acquire the minimum qualification specified in the said notification within a period of two years from the year of appointment;

( v ) the relaxation specified in this notification will be one-time in respect of the Language Teachers (Hindi) and Shastri (Sanskrit) and no further relaxation under sub-section (2) of Section 23 of the said Act shall be granted to the State of Himachal Pradesh.

3. The persons possessing Graduation with fifty per cent marks in the relevant subject shall also be eligible for appearing in the Teacher Eligibility Test conducted by the State Government in respect of teacher appointments for Language Teachers (Hindi) and Shastri (Sanskrit) made in the State up to 31st March, 2014, in accordance with sub-paragraph ( iii ) of Paragraph 5 of the Guidelines for conducting Teacher Eligibility Test under the said Act, issued by the Council vide its letter dated the 11th February, 2011.

Whereas clause ( d ) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009) (hereinafter referred to as the said Act), defines child belonging to disadvantaged group as a child belonging to the Scheduled Caste, the Scheduled Tribe, the socially and educationally backward class, or such other group having disadvantage owing to social, cultural, economical, geographical, linguistic, gender or such other factor, as may be specified by the appropriate Government, by notification;

And whereas, the Central Government, being the appropriate Government in relation to a school established, owned or controlled by the administrator of the Union territory having no legislature, has received a proposal from Chandigarh Administration for notifying under clause ( d ) of Section 2 of the said Act Children of war widows; children of disabled persons with a minimum sixty per cent disability for either of the parents as per the certificate issued by the Medical Board of General Hospital, Chandigarh or Government Medical College and Hospital, Sector 32, Chandigarh or PGIMER, Chandigarh and orphan children, residing in Union territory of Chandigarh; as children belonging to disadvantaged group.

And whereas, the Central Government has considered the proposal of the Union territory of Chandigarh Administration;

Now, therefore, in exercise of powers conferred by clause ( d ) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), the Central Government being the appropriate Government in relation to a school established, owned or controlled by the Union territory of Chandigarh, hereby notifies the children of war widows; children of disabled persons having minimum sixty per cent disability for either of the parents as per the certificate issued by the Medical Board of General Hospital, Chandigarh or Government Medical College and Hospital, Sector 32, Chandigarh or PGIMER, Chandigarh; and orphan children residing in Union territory of Chandigarh as children belonging to disadvantaged group for the purpose of the said Act.

Whereas clause ( e ) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009) (hereinafter referred to as the said Act), defines child belonging to weaker section as a child belonging to such parent or guardian whose annual income is lower than the minimum limit specified by the appropriate Government, by notification;

And whereas, the Central Government, being the appropriate Government in relation to a school established, owned or controlled by the administrator of the Union territory having no legislature, has received a proposal from Chandigarh Administration for notifying under clause ( e ) of Section 2 of the RTE Act, a child belonging to such parent or guardian whose annual income from all sources is less than one lakh fifty thousand rupees annually, as a child belonging to weaker section;

And whereas the Central Government has considered the proposal of the Chandigarh Administration;

Now, therefore, in exercise of the powers conferred by clause ( e ) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009) the Central Government being the appropriate Government in relation to a school established, owned or controlled by the Union territory of Chandigarh, hereby notifies a child belonging to the parent or guardian whose annual income from all sources is less than one lakh fifty thousand rupees annually, as a child belonging to weaker section for the purpose of the said Act.

Whereas clause ( e ) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009)(hereinafter referred to as the RTE Act), defines child belonging to weaker section as a child belonging to such parent or guardian whose annual income is lower than the minimum limit specified by the appropriate Government, by notification;

Whereas the Central Government, being the appropriate Government in relation to a school established, owned or controlled by the administrator of the Union territory, having no legislature has received a proposal from Union Territory of Dadra and Nagar Haveli for notifying under clause ( e ) of Section 2 of the RTE Act, as child belonging to all parents whose annual income is equal to or less than One lakh rupees annually as notified by the Dadra and Nagar Haveli Administration, as a child belonging to weaker section;

Whereas the Central Government has examined and considered the proposal of the Dadra and Nagar Haveli;

Now, therefore, in pursuance of clause ( e ) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009, the Central Government hereby notifies a child belonging to parent or guardian, as the case may be, whose annual income is equal to or less than One lakh rupees annually as notified by the Dadra and Nagar Haveli, as a child belonging to weaker section .

Whereas clause ( d ) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009)(hereinafter referred to as the RTE Act), defines child belonging to disadvantaged group as a child belonging to the Scheduled Caste, the Scheduled Tribe, the socially and educationally backward class, or such other group having disadvantage owing to social, cultural, economical, geographical, linguistic, gender or such other factor, as may be specified by the appropriate Government, by notification;

And whereas the Central Government, being the appropriate Government in relation to a school established, owned or controlled by the administrator of the Union Territory, having no legislature has received a proposal from Dadra and Nagar Haveli Administration for notifying certain other backward classes under clause ( d ) of Section 2 of the RTE Act.

And whereas the Central Government has examined and considered the proposal of the Union Territory Administration of Dadra and Nagar Haveli;

Now, therefore, in pursuance of clause ( d ) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009, the Central Government hereby notifies the Other Backward Classes comprising of Agri, Ahir, Bharvad, Yadav, Bhrami, Dhobi, Kahar, Kumbhar, Kapdi, Kolagha (Misal) Koli, Makarana (Muslim) and Nai (Valand) of Dadra and Nagar Haveli as child belonging to disadvantaged group .

Whereas the Central Government in exercise of the powers under sub-section (2) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009) (hereinafter in this notification referred to as the RTE Act) granted relaxation to the State Government of Uttarakhand for a period up to 31st March, 2014 vide notification number S.O. 2512(E), dated the 17th October, 2012 published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section ( ii ), dated the 17th October, 2012.

And whereas the State Government of Uttarakhand vide its letter dated the 25th March, 2014 submitted a proposal to the Central Government for extension of relaxation under sub-section (2) of Section 23 of the RTE Act for a period of two years beyond 31st March, 2014;

And whereas the Central Government examined and considered the proposal of the State Government of Uttarakhand for extension of relaxation granted.

Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 23 of the RTE Act, the Central Government hereby extends the relaxation to the State Government of Uttarakhand, in respect of the minimum qualifications notified by the National Council for Teacher Education (hereinafter in this notification referred to as the NCTE) under sub-section (1) of Section 23 of the RTE Act insofar as they relate to Classes I to V, and allows persons referred to in sub-clause ( a ) of clause ( i ) of Paragraph 3 of the Notification Number F. No. 61-03/20/2010/NCTE/(N&S), dated the 23rd August, 2010, published in the Gazette of India, Extraordinary, Part III, Section 4, dated the 25th August, 2010 (hereinafter referred to as the said notification) as amended from time to time, eligible for appointment as teacher for Classes I to V beyond the 31st March, 2014, subject to fulfilment of the conditions specified under the said sub-clause.

2. The relaxation granted under this notification shall be valid for a period up to 31st March, 2016, subject to fulfilment of the following conditions, namely

( i ) the State Government of Uttarakhand shall conduct the Teacher Eligibility Test as specified in the said notification of the NCTE as amended from time to time, in accordance with the guidelines for conducting Teacher Eligibility Test, dated the 11th February, 2011 issued by the NCTE and those persons who pass the Teacher Eligibility Test be considered for appointment as a teacher in Classes I to VIII;

( ii ) the State Government and other school managements shall amend the recruitment rules relating to appointment of teachers so as to provide for the minimum qualifications required for appointment of teacher laid down under the said notification;

( iii ) the State Government shall in the matter of appointment of teachers give priority to those eligible candidates who posses the minimum qualifications specified in the said notification as amended from time to time and thereafter consider other candidates eligible with the qualifications referred to in sub-clause ( a ) of clause ( i ) of Paragraph 3 of the said notification;

( iv ) advertisement for appointment of teachers shall be given wide publicity, including outside the State;

( v ) the State Government and other school managements shall ensure that teachers employed or engaged by them who possess the minimum qualifications referred to in sub-clause ( a ) of clause ( i ) of Paragraph 3 of the said notification undergo after appointment, a National Council for Teacher Education (NCTE) recognised six months Special Programme in Elementary Education;

( vi ) the State Government shall take steps to increase the institutional capacity for preparing persons with specified qualifications so as to ensure that only persons possessing qualifications laid down under the said notification are appointed as teachers for Classes I to V after the 31st March, 2016.

3. The persons referred to in sub-clause ( a ) of clause ( i ) of Paragraph 3 of the said notification, shall also be eligible for appearing in the Teacher Eligibility Test conducted by the State Government in respect of teacher appointments to be made in the State up to 31st March, 2016, in accordance with sub-paragraph ( iii ) of Paragraph 5 of the guidelines for conducting Teacher Eligibility Test under the RTE Act issued by the NCTE vide its letter dated 11th February, 2011.

Whereas clause ( d ) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009) (hereinafter referred to as the RTE Act), defines child belonging to disadvantaged group as a child belonging to the Scheduled Caste, the Scheduled Tribe, the socially and educationally backward class, or such other group having disadvantage owing to social, cultural, economical, geographical, linguistic, gender or such other factor, as may be specified by the appropriate Government, by notification;

And whereas, the Central Government is the appropriate Government in relation to a school established, owned or controlled by the administrator of the Union Territory, having no legislature;

And whereas, the Hon'ble Supreme Court has ordered in W.P. (C) No. 147 of 2014 that State Governments need to consider the issuance, so as to include children living with or affected by HIV, to be notified as belonging to a disadvantaged group under clause ( d ) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009;

And whereas, the Central Government has considered the aforementioned order of the Supreme Court;

Now, therefore, in exercise of powers conferred by clause ( d ) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), the Central Government hereby notifies the children living with or affected by HIV as child belonging to disadvantaged group in respect of Chandigarh, Dadra and Nagar Haveli and Daman and Diu.

Whereas the National Council for Teacher Education (hereinafter referred to as NCTE), in pursuance of sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), (hereinafter referred to as the RTE Act), laid down the minimum qualifications for a person to be eligible for appointment as a teacher in Classes I to VIII vide Notification number F. No. 61-03/20/2010/NCTE(N&S), dated 23rd August, 2010, published in the Gazette of India, Extraordinary, Part III, Section 4, dated the 25th August, 2010;

And whereas, sub-section (2) of Section 23 of the RTE Act provides that where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications laid down under sub-section (1) of Section 23 of the RTE Act 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;

And whereas, in exercise of the powers under sub-section (1) of Section 35 of the RTE Act, the Central Government laid down the guidelines on 8th November, 2010 for the State Governments for submitting proposal to the Central Government for grant of relaxation under sub-section (2) of Section 23 of the RTE Act;

And whereas, the Central Government in exercise of the powers under sub-section (2) of Section 23 of the RTE Act granted relaxation to the State Government of Assam for a period up to 31st March, 2015 vide notification number S.O. 2067(E), dated the 26th August, 2011 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), dated the 12th September, 2011;

And whereas, the State Government of Assam vide its letter dated 28th June, 2016 submitted the following, namely

( a ) Extension accorded on 26th August, 2011 was valid till 31st March, 2015, but recruitment process could be conducted during 2012 and 2013 only, fulfilling all guidelines of NCTE. In fact, only two years out of five years of extension accorded by Government of India could be effectively utilized;

( b ) Since the year 2014-15, PAB has imposed a condition restricting further recruitment sanction under SSA, Assam, till regular vacancies under Government of Assam are filled up. The process for the said recruitment of about 7229 regular Primary Teachers were initiated immediately by Government of Assam in 2014, but the entire process got delayed due to pending High Court direction till 27th June, 2016;

( c ) Moreover, the remaining vacancies under Government of Assam could not be filled up due to issues relating tofund etc. at the level of Govt. of Assam;

And whereas, Government of Assam submitted a proposal to the Central Government for grant of relaxation of the minimum qualification norms laid down by the NCTE in its notification published in the Gazette of India on 25th August, 2010;

And whereas, the Central Government examined and considered the proposal of the State Government of Assam for extension of relaxation under sub-section (2) of Section 23 of the RTE Act;

Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 23 of the RTE Act, the Central Government hereby grants relaxation to the State of Assam in respect of the minimum teacher qualification norms notified by the NCTE as published in the Gazette of India vide F No.61-03/20/2010/NCTE(N&S) dated 23rd August, 2010, in so far as they relate to Classes I-VIII, as under

( a ) 2-year Diploma in Elementary Education (by whatever name known) for appointment of a teacher in Classes I-V; and

( b ) 1-year Bachelors in Education (B.Ed) for appointment of a teacher in Classes VI to VIII.

1. The aforementioned relaxation shall be valid for a period of one year, four months and twenty five days which is left over period out of five years specified under sub-section (2) of Section 23 of the RTE Act calculated from the date of this notification and shall be subject to the following conditions, namely

( i ) as specified in the aforementioned notification of the NCTE, the Government of Assam shall conduct the Teacher Eligibility Test (hereinafter referred to as TET) in accordance with the guidelines dated 11th February, 2011 issued by the NCTE and only those persons who pass the TET can be considered for appointment as a teacher in elementary classes;

( ii ) the State Government and other school managements shall amend the recruitment rules to correspond with the minimum qualification norms laid down by the aforementioned notification of the NCTE;

( iii ) in the matter of appointment, the State Government shall give priority to those eligible candidates who possess the minimum qualifications specified in the NCTE's notification dated 25th August, 2010, and only thereafter, consider the eligible candidates with the relaxed qualifications specified in this notification;

( iv ) advertisement for appointment of teachers should be given wide publicity, including outside the State;

( v ) the State Government and other school managements shall ensure that teachers not possessing the minimum academic and professional qualifications laid down in the aforementioned notification of the NCTE shall acquire the same within the time limit specified under sub-section (2) of Section 23 of the RTE Act;

( vi ) the State Government and other school managements shall ensure that teachers who are appointed under the relaxed qualification norms acquire the minimum qualification specified in the NCTE Notification within 31st March, 2019.

2. In accordance with sub-paragraph ( iii ) of Paragraph 5 of the TET guidelines issued by the NCTE vide its letter dated 11th February, 2011, the following persons shall also be eligible for appearing in the TET conducted by the State Government of Assam in respect of teacher appointments made in the State for a period of one year, four months and twenty five days, namely

( i ) for Classes I to V - Senior Secondary (or equivalent) with at least 50% marks;

( ii ) for Classes VI to VIII - Graduation with at least 50% marks.

Whereas the National Council for Teacher Education (hereinafter referred to as NCTE), in pursuance of sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), (hereinafter referred to as the RTE Act), laid down the minimum qualifications for a person to be eligible for appointment as a teacher in Classes I to VIII vide Notification number F. No. 61-03/20/2010/NCTE(N&S), dated 23rd August, 2010, published in the Gazette of India, Extraordinary, Part III, Section 4, dated the 25th August, 2010, as amended from time to time;

And whereas, sub-section (2) of Section 23 of the RTE Act provides that where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications laid down under sub-section (1) of Section 23 of the RTE Act 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;

And whereas, in exercise of the powers under sub-section (1) of Section 35 of the RTE Act, the Central Government laid down the guidelines on 8th November, 2010 for the State Governments for submitting proposal to the Central Government for grant of relaxation under sub-section (2) of Section 23 of the RTE Act;

And whereas, the Central Government in exercise of the powers under sub-section (2) of Section 23 of the RTE Act granted relaxation to the State Government of Tripura for a period up to 31st March, 2015 vide notification number S.O. 1391(E), dated the 18th June, 2012 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), dated the 20th June, 2012;

And whereas, the State Government of Tripura vide its letter dated 29th March, 2018 submitted the following, namely

( a ) Extension accorded on 18th June, 2012 was valid till 31st March, 2015, but as per the Judgement of the Hon'ble Supreme Court of India on 29th March, 2017, services of 10,323 teachers (4612 Under Graduate Teachers, 4666 Graduate Teachers and 1045 Post Graduate Teachers) had come to an end on 31st December, 2017. During the intervening period, the State Government had conducted requisite teachers' examination but it could recruit only 1920 teachers under various categories.

( b ) The State Government of Tripura has undertaken process of review of existing recruitment policy and adoption of modified recruitment policy.

( c ) State has only 4 DIETs with intake capacity of 480 and 2 College of Teacher Education with intake capacity of 650 only.

( d ) As per information provided by the State Government, there are 12,222 vacancies including 6276 Under Graduate Teachers (Elementary) as on 01.01.2018, for which State Government has been constantly requesting Teacher Recruitment Board, Tripura for selection of candidates. However, State does not have such large number of qualified candidates for the said vacancies.

And whereas, the Central Government examined and considered the proposal of the State Government of Tripura for relaxation of the requirement of minimum qualifications for appointment as teachers under sub-section (2) of Section 23 of the RTE Act;

2. Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 23 of the RTE Act, the Central Government hereby grants relaxation to the State of Tripura in respect of the minimum teacher qualification norms notified by the NCTE as published in the Gazette of India vide F. No.61-03/20/2010/NCTE(N&S) dated 23rd August, 2010 as amended from time to time, in so far as they relate to Classes I to VIII, namely

( a ) two-year Diploma in Elementary Education (by whatever name known) for appointment of a teacher in Classes I-V; and

( b ) one-year Bachelors in Education (B. Ed) for appointment of a teacher in Classes VI to VIII.

3. The aforementioned relaxation shall be valid for a period up to 2 year, 2 months and 17 days which is left over period out of 5 years specified under sub-section (2) of Section 23 of the RTE Act calculated from the date of this notification and shall be subject to the following conditions, namely

( i ) the State Government will work out the exact requirements of teachers after redeployment/ rationalisation based on the location/topography/enrolment in the schools and norms of RTE Act and carry out recruitments accordingly.

( ii ) as specified in the aforementioned notification of the NCTE, the State Government of Tripura shall conduct the Teacher Eligibility Test (hereinafter referred to as TET) in accordance with the guidelines dated 11th February, 2011 issued by the NCTE and only those persons who pass the TET can be considered for appointment as a teacher in elementary classes;

( iii ) the State Government and other school managements shall amend the recruitment rules to correspond with the minimum qualification norms laid down by the aforementioned notification of the NCTE;

( iv ) in the matter of appointment, the State Government shall give priority to those eligible candidates who possess the minimum qualifications specified in the NCTE's notification dated 23th August, 2010 as amended from time to time, and only thereafter, consider the eligible candidates with the relaxed qualifications specified in this notification;

( v ) advertisement for appointment of teachers should be given wide publicity, including outside the State;

( vi ) the State Government and other school managements shall ensure that teachers not possessing the minimum academic and professional qualifications laid down in the aforementioned notification of the NCTE shall acquire the same within a period of two years and till they acquire the minimum qualifications as per the NCTE notification, the teachers so appointed under relaxed norms shall be treated as trainee teachers .

( vii ) the relaxation specified in this notification will be one-time and no further relaxation under sub-section (2) of Section 23 of the said Act shall be granted to the State of Tripura.

4. In accordance with sub-paragraph ( iii ) of paragraph 5 of the TET guidelines issued by the NCTE vide its letter dated 11th February, 2011, the following persons shall also be eligible for appearing in the TET conducted by the State Government of Tripura in respect of teacher appointments made in the State for a period of two year, two months and seventeen days, namely

( i ) Senior Secondary (or equivalent) with at least fifty per cent marks, for Classes I to V; or

( ii ) Graduation, for Classes I to VIII.

1. Received the assent of the President on August 26, 2009 and published in the Gazette of India, Extra., Part II, Section 1, dated 27th August, 2009, pp. 1-13, No. 39.

2. Subs. for Short title, extent and commencement by Act 2 of 2018, S. 3 and Schedule II, dated 8-1-2018.

3. The words except the State of Jammu and Kashmir omitted by Act 34 of 2019, Ss. 95, 96 & Sch. V (w.e.f. 31-10-2019).

4. Ins. by Act 30 of 2012, S. 2 (w.e.f. 1-8-2012).

5. Ins. by Act 30 of 2012, S. 3(a) (w.e.f. 1-8-2012).

6. Ins. by Act 30 of 2012, S. 3(b) (w.e.f. 1-8-2012).

7. Subs. by Act 30 of 2012, S. 4(a) (w.e.f. 1-8-2012). Prior to substitution it read as: (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.

8. The proviso omitted by Act 30 of 2012, S. 4(b) (w.e.f. 1-8-2012). Prior to omission it read as: 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 (1 of 1996), shall have the right to pursue free and compulsory elementary education in accordance with the provisions of Chapter V of the said Act.

9. Ins. by Act 30 of 2012, S. 4(c) (w.e.f. 1-8-2012).

10. Subs. by Act 1 of 2019, S. 2, dt. 11-1-2019 (w.e.f. 1-3-2019). Prior to substitution it read as: 16. Prohibition of holding back and expulsion. No child admitted in a school shall be held back in any class or expelled from school till the completion of elementary education.

11. Ins. by Act 30 of 2012, S. 5 (w.e.f. 1-8-2012).

12. Subs. for School Management Committee, constituted by Act 30 of 2012, S. 6 (w.e.f. 1-8-2012).

13. Ins. by Act 24 of 2017, S. 2 (w.r.e.f. 1-4-2015).

14. Subs. for Within six months by Act 30 of 2012, S. 7 (w.e.f. 1-8-2012).

15. Ins. by Act 1 of 2019, S. 3, dt. 11-1-2019 (w.e.f. 1-3-2019).

16. Ins. by Act 30 of 2012, S. 8 (w.e.f. 1-8-2012).

17. Subs. by F. No. 61-1/2011/NCTE(N&S), dated 29-7-2011.

18. Ins. by Noti. No. F. No. NCTE-Regl 012/16/2018, dt. 28-6-2018.

19. Subs. by F. No. 61-1/2011/NCTE(N&S), dated 29-7-2011.

20. Subs. by F. No. 61-1/2011/NCTE(N&S), dated 29-7-2011.

21. Subs. by Noti. No. F. No. NCTE-Regl 012/16/2018, dt. 28-6-2018.

22. Subs. by F. No. 61-1/2011/NCTE(N&S), dated 29-7-2011.