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gÀ°è ¥ÀæPÀlªÁzÀ F PÉ¼ÀPÀAqÀ The Ancient Monuments and Archaeological Sites and Remains (Amendment

and Validation) Act, 2010 (No. 10 of 2010) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå ¥ÀvÀæzÀ°è ªÀÄgÀÄ

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MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 30^th March, 2010/Chaitra 9, 1932 (Saka)

The following Act of Parliament received the assent of the President on the 29^th March, 2010, and

is hereby published for general information:-

THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS (AMENDMENT AND

VALIDATION) ACT, 2010

(No. 10 OF 2010)

[29^th March, 2010]

An Act further to amend the Ancient Monuments and Archaeological Sites and Remains Act,

1958 and to make provision for validation of certain actions taken by the Central Government under the

said Act.

BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows :-

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1. Short title and commencement : (1) This Act may be called the Ancient Monuments and

Archaeological Sites and Remains (Amendment and Validation) Act, 2010.

(2) Save as otherwise provided, it shall be deemed to have come into force (except sections 3, 5,

7 and 8 to 11) on the 23^rd day of January, 2010.

2. Amendment of section 2 : On and from the 16^th day of June, 1992, in the Ancient Monuments

and Archaeological Sites and Remains Act, 1958 (24 of 1958) (hereinafter referred to as the principal

Act), in Section 2,-

(i) after clause (d), the following clauses shall be inserted and shall be deemed to have been

inserted, namely :-

‘(da) “Authority” means the National Monuments Authority constituted under section 20F;

(db) “competent authority” means an officer not below the rank of Director of archaeology

or Commissioner of archaeology of the Central or State Government or equivalent rank, specified,

by notification in the Official Gazette, as the competent authority by the Central Government to

perform functions under this Act:

Provided that the Central Government may, by notification in the Official Gazette, specify

different competent authorities for the purpose of sections 20C, 20D and 20E;

(dc) “construction” means any erection of a structure or a building, including any addition

or extension thereto either vertically or horizontally, but does not include any re-construction,

repair and renovation of an existing structure or building, or construction, maintenance and

cleansing of drains and drainage works and of public latrines, urinals and similar conveniences, or

the construction and maintenance of works meant for providing supply of water for public, or, the

construction or maintenance, extension, management for supply and distribution of electricity to

the public or provision for similar facilities for public;’

(ii) after clause (h), the following clause shall be inserted and shall be deemed to have been

inserted, namely :-

`(ha) “prohibited area” means any area specified or declared to be a prohibited area

under section 20A;’

(iii) after clause (i), the following clauses shall be inserted and shall be deemed to have been

inserted, namely:-

`(k) “re-construction” means any erection of a structure or building to its pre-existing

structure, having the same horizontal and vertical limits;

(l) “regulated area “means any area specified or declared under section 20B;

(m) “repair and renovation” means alterations to a pre-existing structure or building, but

shall not include construction or re-construction;’.

3. Insertion of new section 4A. : After section 4 of the principal Act, the following section shall

be inserted, namely :-

“4A. Categorisation and classification in respect of ancient monuments or archaeological

sites and remains declared as of national importance under sections 3 and 4 : (1) The Central

Government shall, on the recommendation of the Authority, prescribe categories in respect of ancient

monuments or archaeological sites and remains declared as of national importance under sections 3 and

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4, and while prescribing such categories it shall have regard to the historical, archaeological and

architectural value and such other factors as may be relevant for the purpose of such categorisation.

(2) The Central Government shall, on the recommendation of the Authority, classify all the ancient

monuments or archaeological sites and remains declared as of national importance under sections 3 and

4, in accordance with the categories prescribed under sub-section (1) and thereafter make the same

available to the public and exhibit the same on its website and also in such other manner as it may deem

fit.”

4. Insertion of new section 20A : On and from the 16^th day of June, 1992, after section 20 of the

principal Act, the following section shall be inserted and shall be deemed to have been inserted, namely:-

“PROHIBITED AND REGULATED AREAS

20A. Declaration of prohibited area and carrying out public work or other works in

prohibited area : Every area, beginning at the limit of the protected area or the protected monument, as

the case may be, and extending to a distance of one hundred metres in all directions shall be the

prohibited area in respect of such protected area or protected monument:

Provided that the Central Government may, on the recommendation of the Authority, by

notification in the Official Gazette, specify an area more than one hundred metres to be the prohibited

area having regard to the classification of any protected monument or protected area, as the case may

be, under section 4A.

(2) Save as otherwise provided in section 20C, no person, other than an archaeological officer,

shall carry out any construction in any prohibited area.

(3) In a case where the Central Government or the Director-General, as the case may be, is

satisfied that-

(a) it is necessary or expedient for carrying out such public work or any project essential

to the public; or

(b) such other work or project, in its opinion, shall not have any substantial adverse

impact on the preservation, safety, security of, or, access to, the monument or its immediate

surrounding,

it or he may, notwithstanding anything contained in sub-section (2), in exceptional cases and having

regard to the public interest, by order and for reasons to be recorded in writing, permit, such public work

or project essential to the public or other constructions, to be carried out in a prohibited area:

Provided that any near any protected monument or its adjoining area declared, during the period

beginning on or after the 16^th day of June, 1992 but ending before the date on which the Ancient

Monuments and Archaeological Sites and Remains (Amendment and Validation) Bill, 2010, receives the

assent of the President, as a prohibited area in respect of such protected monument, shall be deemed to

be the prohibited area declared in respect of that protected monument in accordance with the provisions

of this Act and any permission or licence granted by the Central Government or the Director-General, as

the case may be, for the construction within the prohibited area on the basis of the recommendation of the

Expert Advisory Committee, shall be deemed to have been validly granted in accordance with the

provisions of this Act, as if this section had been in force at all material times:

Provided further that nothing contained in the first proviso shall apply to any permission granted,

subsequent to the completion of construction or re-construction of any building or structure in any

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prohibited area in pursuance of the notification of the Government of India in the Department of Culture

(Archaeological Survey of India) number S.O. 1764, dated the 16^th June, 1992 issued under rule 34 of the

Ancient Monuments and Archaeological Sites and Remains Rules, 1959, or, without having obtained the

recommendations of the Committee constituted in pursuance of the order of the Government of India

number 24/22/2006-M, dated the 20^th July, 2006 (subsequently referred to as the Expert Advisory

Committee in orders dated the 27^th August; 2008 and the 5^th May, 2009).”

5. Amendment of section 20A : In section 20A of the principal Act (as so inserted by section 4

of this Act), after sub-section (3), the following sub-section shall be inserted, namely:-

“(4) No permission, referred to in sub-section (3), including carrying out any public work or project

essential to the public or other constructions, shall be granted in any prohibited area on and after the date

on which the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation)

Bill, 2010 receives the assent of the President”.

6. Insertion of new section 20B : On and from the 16^th day of June, 1992, after section 20A of

the principal Act, the following section shall be inserted and shall be deemed to have been inserted,

namely :-

“20-B. Declaration of regulated area in respect of every protected monument : Every area,

beginning at the limit of prohibited area in respect of every ancient monument and archaeological site and

remains, declared as of national importance under sections 3 and 4 and extending to a distance of two

hundred metres in all directions shall be the regulated area in respect of every ancient monument and

archaeological site and remains:

Provided that the Central Government may, by notification in the Official Gazette, specify an area

more than two hundred metres to be the regulated area having regard to the classification of any

protected monument or protected area, as the case may be, under section 4A:

Provided further that any area near any protected monument or its adjoining area declared,

during the period beginning on or after the 16^th day of June, 1992 but ending before the date on which the

Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Bill, 2010,

receives the assent of the President, as a regulated area in respect of such protected monument, shall

be deemed to be the regulated area declared in respect of that protected monument in accordance with

the provisions of this Act and any permission or licence granted for construction in such regulated area

shall, be deemed to have been validly granted in accordance with the provisions of this Act, as if this

section had been in force at all material times”.

7. Insertion of new sections 20C, 20D, 20E, 20F, 20G, 20H, 20-I,20J, 20K, 20L, 20M, 20N, 20-

O, 20Pand 20Q : After Section 20B of the principal Act (as so inserted by section 6 of this Act) the

following sections shall be inserted, namely :-

‘20-C. Application for repair or renovation in prohibited area, or construction or re-

construction or repair or renovation in regulated area : (1) Any person, who owns any building or

structure, which existed in a prohibited area before the 16^th day of June, 1992, or, which had been

subsequently constructed with the approval of the Director-General and desires to carry out any repair or

renovation of such building or structure, may make an application to the competent authority for carrying

out such repair or renovation, as the case may be.

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(2) Any person, who owns or possesses any building or structure or land in any regulated area,

and desires to carry out any construction or re-construction or repair or renovation of such building or

structure on such land, as the case may be, may make an application to the competent authority for

carrying out construction or re-construction or repair or renovation, as the case may be.

GRANT OF PERMISSION BY COMPETENT AUTHORITY

20-D. Grant of permission by competent authority within regulated area : (1) Every

application for grant of permission under section 20C of this Act shall be made to the competent authority

in such manner as may be prescribed.

(2) The competent authority shall, within fifteen days of the receipt of the application, forward the

same to the Authority to consider and intimate impact of such construction (including the impact of large-

scale development project, public project and project essential to the public) having regard to the heritage

bye-laws relating to the concerned protected monument or protected area, as the case may be:

Provided that the Central Government may prescribe the category of applications in respect of

which the permission may be granted under this sub-section and the application which shall be referred to

the Authority for its recommendations.

(3) The Authority shall, within two months from the date of receipt of application under sub-section

(2), intimate to the competent authority impact of such construction (including the impact of large-scale

development project, public project and project essential to the public).

(4) The competent authority shall, within one month of the receipt of intimation from the Authority

under sub-section (3), either grant permission or refuse the same as so recommended by the Authority.

(5) The recommendations of the Authority shall be final.

(6) In case the competent authority refuses to grant permission under this section, it shall, by

order in writing, after giving an opportunity to the concerned person, intimate such refusal within three

months from the date of receipt of the application to the applicant, the Central Government and the

Authority.

(7) If the competent authority, after grant of the permission under sub-section (4) and during the

carrying out of the repair or renovation work or re-construction of building or construction referred to in

that sub-section, is of the opinion (on the basis of material in his possession or otherwise) that such repair

or renovation work or re-construction of building or construction is likely to have an adverse impact on the

preservation, safety, security or access to the monument considerably, it may refer the same to the

Authority for its recommendations and if so recommended, withdraw the permission granted under sub-

section (4) if so required.

Provided that the competent authority may, in exceptional cases, with the approval of the

Authority grant permission to the applicant referred to in sub-section (2) of section 20C until the heritage

bye-laws have been prepared under sub-section (1) of section 20E and published under sub-section (7) of

that section.

(8) The Central Government, or the Director-General, as the case may be, shall exhibit, on their

website, all the permissions granted or refused under this Act.

20-E. Heritage bye-laws : (1) The competent authority, in consultation with Indian National Trust

for Arts and Cultural Heritage, being a trust registered under the Indian Trusts Act, 1882 (2 of 1882.), or

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such other expert heritage bodies as may be notified by the Central Government, shall prepare heritage

bye-laws in respect of each protected monument and protected area.

(2) The heritage bye-laws referred to in sub-section (1) shall, in addition to such matters as may

be prescribed, include matters relating to heritage controls such as elevations, facades, drainage

systems, roads and service infrastructure (including electric poles, water and sewer pipelines).

(3) The Central Government shall, by rules, specify the manner of preparation of detailed site

plans in respect of each protected area or protected monument or prohibited area or regulated area, the

time within which such heritage bye-laws shall be prepared and particulars to be included in each such

heritage bye-laws.

(4) The competent authority for the purpose of preparation of detailed site plans and heritage bye-

laws may appoint such number of experts or consultants as it may deem fit.

(5) A copy of each of the heritage bye-laws prepared under sub-section (1) shall be forwarded to

the Authority for its approval.

(6) A copy of the heritage bye-laws as approved by the Authority under sub-section (5) shall be

laid before each House of Parliament.

(7) Each heritage bye-laws shall, be made available by the competent authority to the public, by

exhibiting the same on its website and also in such other manner as it may deem fit, immediately after

laying the same before each House of Parliament.

NATIONAL MONUMENTS AUTHORITY

20-F. Constitution of National Monuments Authority : (1) The Central Govrenment shall, by

notification in the Official Gazette, constitute an Authority to be called as the National Monuments

Authority.

(2) The Authority shall consists of, -

(a) a Chairperson, on whole-time basis, to be appointed by the President, having proven

experience and expertise in the fields of archaeology, country and town planning, architecture,

heritage, conservation-architecture or law;

(b) such number of members not exceeding five whole-time members and five part-time

members to be appointed, on the recommendation of the Selection Committee referred to in

section 20G, by the Central Government, having proven experience and expertise in the fields of

archaeology, country and town planning, architecture, heritage, conservation-architecture or law;

(3) The tenure of the whole-time Chairperson or every whole-time member and every part-time

member, of the Authority shall be three years from the date on which he assumes office as such and shall

not be eligible for re-appointment:

Provided that, save as otherwise provided in clause (c) of sub-sectoin (2), any person who has

held any post in the Archaeological Survey of India or in the Ministry of Culture of the Government of India

or a State Government or has not been found fit to be considered for being appointed to any such post

shall, not be eligible to be appointed as the Chairperson or a member of the Authority:

Provided further that any person, who had either been granted a permission or licence or refused

any such permission or refused grant of a licence or any person or any of his relative having any interest

in a prohibited area or a regulated area shall not be eligible to be appointed as a Chairperson or member.

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Explanation.- For the purposes of this section, “relative” means-

(i) spouse of the Chairperson or member of the Authority;

(ii) brother or sister of the Chairperson or member of the Authority;

(iii) brother or sister of the spouse of the Chairperson or member of the Authority;

(iv) brother or sister of either of the parents of the Chairperson or member of the

Authority;

(v) any lineal ascendant or descendant of the Chairperson or member of the Authority;

(vi) any lineal ascendant or descendant of the spouse of the Chairperson or member of

the Authority;

(vii) spouse of the person referred to in clauses (ii) to (vi);

(4) An officer, not below the rank of Joint Secretary to the Government of India, shall be the

Member Secretary of the Authority.

(5) The Central Government shall provide such number of officers and other employees as may

be necessary for discharge of functions by the Authority under this Act.

20-G. Selection Committee for selection of members of Authority : (1) Every whole-time

member and every part-time member of the Authority shall be selected by a Selection Committee

consisting of the following persons, namely :-

(a) Cabinet Secretary – Chairperson, ex officio;

(b) Secretary in the Ministry of Culture - member, ex officio;

(d) three experts, having proven experience and expertise in the fields of archaeology,

architecture, heritage or conservation-architecture to be nominated by the Central Government.

(2) The Selection Committee referred to in sub-section (1) shall regulate its own procedure for the

purposes of selecting whole-time members and part-time members of the Authority.

20-H. Salary, allowances and meetings of Authority : (1) The salaries and allowances payable

to the whole-time Chairperson and whole-time members, and the other terms and conditions of their

service or fees or allowances payable to the part-time members, of the Authority shall be such as may be

prescribed:

Provided that neither the salary and allowances not the other terms and conditions of service of

the whole-time Chairperson and whole-time members shall be varied to their disadvantage after their

appointment.

(2) The Authority shall regulate its own procedure for the purposes of holding its meetings

(including quorum of such meetings) and granting permissions under this Act.

(3) All the decisions of the Authority shall be published in such manner as it may decide and also

on its own website and on the website of the Central Government.

20-I. Functions and powers of Authority : (1) The Authority shall exercise or discharge the

following powers or functions, namely:-

(a) make recommendations to the Central Government for grading and classifying

protected monuments and protected areas declared as of national importance under sections 3

and 4, before the commencement of the Ancient Monuments and Archaeological Sites and

Remains (Amendment and Validation) Act, 2010;

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(b) make recommendations to the Central Government for grading and classifying

protected monuments and protected areas which may be declared after the commencement of

the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act,

2010, as of national importance under section 4;

(d) to suggest measures for implementation of the provisions of this Act;

(e) to consider the impact of large-scale development projects, including public projects

and projects essential to the public which may be proposed in the regulated areas and make

recommendations in respect thereof to the competent authority;

(f) to make recommendations to the competent authority for grant of permission.

(2) The Authority shall, for the purpose of discharging functions under this Act, have the same

powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a

suit in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

20-J. Removal of Chairperson and members : (1) Notwithstanding anything contained in sub-

section (3) of section 20F, the President in the case of the Chairperson and the Central Government in

the case of whole-time member and part-time member may, by order, remove from office, the

Chairperson or any such member of the Authority, if he-

(a) has been adjudged an insolvent; or

(b) has been convicted of an offence which, in the opinion of the Central Government,

involves moral turpitude; or

(d) has acquired such financial or other interests as is likely to affect prejudicially his

functions; or

(e) has so abused his position as to render his continuance in office prejudicial to the

public interest.

(2) The Chairperson or any member of the Authority shall not be removed under clauses (d) and

(e) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter.

20-K. Restriction on future employment by Chairperson and members : On ceasing to hold

office, the Chairperson or whole-time member of the Authority, as the case may be, shall, subject to the

provisions of this Act, be ineligible, for a period of five years from the date on which they cease to hold

office, for further employment (including as consultant or expert or otherwise) in any institution, agency or

organisation of any nature mainly dealing with archaeology, country and town planning, architecture,

heritage and conservation-architecture or whose matters had been before the Chairperson or such

member.

20-L. Power of Central Government to issue directions to Authority : (1) Without prejudice to

the foregoing provisions of this Act, the Authority shall, in exercise of its powers or the discharge of its

functions under this Act, be bound by such directions on question of policey, other than those relating to

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technical and administrative matters, as the Central Government may give in writing to it from time to

time:

Provided that the Authority shall, as far as practicable, be given an opportunity to express its

views before any direction is given under this sub-section.

(2) The decision of the Central Government, whether a question is one of policy or not, shall be

final.

20-M. Power of Central Government to issue directions to competent authority : Without

prejudice to the foregoing provisions of this Act, the competent authority shall, in exercise of its powers or

the discharge of its functions under this Act, be bound by such directions, as the Central Government may

give in writing to it from time to time.

20-N. Power of Central Government to supersede Authority : (1) If, at any time the Central

Government is of the opinion,-

(a) that, on account of circumstances beyond the control of the Authority, it is unable to

discharge the functions or perform the duties imposed on it by or under the provisions of this Act;

(b) that the Authority has persistently defaulted in complying with any direction given by

the Central Government under this Act or in the discharge of the functions or performance of the

duties imposed on it by or under the provisions of this Act and as a result of such default the

financial position of the Authority or the administration of the Authority has suffered; or

the Central Government may, by notification in the Official Gazette, supersede the Authority for such

period, not exceeding six months, as may be specified in the notification and appoint a person or persons

as the President may direct to exercise powers and discharge functions under this Act.

Provided that before issuing any such notification, the Central Government shall give a

reasonable opportunity to the Authority to make representations against the proposed supersession and

shall consider the representations, if any, of the Authority.

(2) Upon the publication of a notification under sub-section (1) superseding the Authority,-

(a) the Chairperson and all other whole-time members and part-time members shall, as

from the date of supersession, vacate their offices as such;

(b) all the powers, functions and duties which may, by or under the provisions of this Act,

be exercised or discharged by or on behalf of the Authority shall, until the Authority is

reconstituted under sub-section (3), be exercised and discharged by the person or persons

referred to in sub-section (1); and

reconstituted under sub-section (3), vest in the Central Government.

(3) On or before the expiration of the period of supersession specified in the notification issued

under sub-section (1), the Central Government shall reconstitute the Authority by a fresh appointment of

its Chairperson and other whole-time members and part-time members and in such case any person who

had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified, subject

to the provisions of sub-section (3) of section 20F for reappointment for the remaining period.

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(4) The Central Government shall cause a copy of the notification issued under sub-section (1)

and a full report of any action taken under this section and the circumstances leading to such action to be

laid before each House of Parliament at the earliest.

20-O. Bar of Jurisdiction of civil court : No civil court shall have jurisdiction in respect of any

matter which the Authority is empowered by or under this Act to determine and no injunction shall be

granted by any court or other authority in respect of any action taken or to be taken in pursuance of any

power conferred by or under this Act.

20-P. Annual report : (1) The Authority shall prepare once in every year, in such form and at

such time as may be prescribed by the Central Government, an annual report giving full description of all

the activities of the Authority for the previous year.

(2) A copy of the report received under sub-section (1) shall be laid, as soon as may be after it is

received, before each House of Parliament.

20-Q. Power to call for information : Where the Central Government considers it expedient so

to do, it may, by order in writing call upon the Authority or the competent authority, as the case may be, to

furnish in writing such information, in such form and manner as may be prescribed, relating to its affairs as

the Central Government may require”.

8. Amendment of Section 30 : In section 30 of the principal Act,-

(a) in sub-section (1),-

(i) for the words “imprisonment which may extend to three months”, the words

“imprisonment which may extend to two years” shall be substituted;

(ii) for the words “fine which may extend to five thousand rupees”, the words “fine which

may extend to one lakh rupees” shall be substituted;

(b) in sub-section (2), for the words “fine which may extend to five thousand rupees”, the words

“imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with

both” shall be substituted.

9. Insertion of new sections 30A, 30B and 30C : After section 30 of the principal Act, the

following sections shall be inserted, namely:-

“30A. Punishment for construction, etc., in prohibited area : Whoever raises, on and after the

date on which the Ancient Monuments and Archaeological Sites and Remains (Amendment and

Validation) Bill 2010, receives the assent of the President, any construction in the prohibited area, shall be

punishable with imprisonment not exceeding two years or with fine which may extend to one lakh rupees

or with both.

30B. Punishment for construction, etc., in regulated area : Whoever raises, on and after the

date on which the Ancient Monuments and Archaeological Sites and Remains (Amendment and

Validation) Bill, 2010, receives the assent of the President, any construction in the regulated area without

the previous permission of the competent authority or in contravention of the permission granted by the

competent authority, shall be punishable with imprisonment not exceeding two years or with fine which

may extend to one lakh rupees or with both.

30C. Offences by officers of Government : If any officer of the Central Government enters into

or acquiesces in any agreement to do, abstains from doing, permits, conceals or connives at any act or

thing whereby any construction or re-construction takes place in a prohibited area or regulated area, he

shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with

both”.

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10. Insertion of new sections 35A and 35B : After section 35 of the principal Act, the following

sections shall be inserted, namely:-

“35A. Obligation to survey the protected prohibited area and regulated areas : (1) The

Director-General shall, within such time as may be specified by the Central Government, conduct a

survey or cause survey to be conducted in respect of all prohibited areas and regulated areas for the

purpose of detailed site plans.

(2) A report in respect of such survey referred to in sub-section (1) shall be forwarded to the

Central Government and to the Authority.

35B. Identification of un-authorised constructions on or after 16^th june, 1992 : (1) The

Director-General shall, within such time as may be specified by the Central Government. identify or cause

to be identified, all constructions (of whatever nature) made on and after the 16^th day of june, 1992 in all

prohibited areas and regulated areas and, thereafter, submit from time to time a report in respect thereof

to the Central Government.

(2) The Director-General shall, for the purposes of sub-section (1), have the power to call for

information from the local bodies and other authorities”.

11. Amendment of section 38 : In section 38 of the principal Act, in sub-section (2), after clause

(c), the following clauses shall be inserted, namely:-

“(ca) the categories of ancient monuments or archaeological sites and remains, declared

as of national importance, under sub-section (1) of section 4A;

(cb) the manner of making application for grant of permission under sub-section (1) of

section 20D;

(cc) the category of applications in respect of which the permission may be granted and

applications which shall be referred to the Authority for its recommendation, under sub-section (2)

of section 20D;

(cd) the other matters including heritage controls such as elevations, facades, drainage

systems, roads and service infrastructure (including electric poles, water and sewer pipelines)

under sub-section (2) of section 20E;

(ce) the manner of preparation of detailed site plans in respect of each prohibited area

and regulated area and the time within which such heritage bye-laws shall be prepared and

particulars to be included in each such heritage bye-laws under sub-section (3) of section 20E;

(cf) salaries and allowances payable to, and the other terms and conditions of service of,

the whole-time Chairperson and whole-time members, or fees or allowances payable to the part-

time members, of the Authority under sub-section (1) of section 20H;

(cg) the form in which and time at which the Authority shall prepare an annual report

giving full description of its activities for the previous year under section 20P;

(ch) the form and manner in which the Authority and competent authority shall furnish

information to the Central Government under section 20Q;”.

12. Validation of action taken, etc., under notification No. S.O. 1764, dated 16^th June, 1992 :

Notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other

authority-

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(a) any thing done or purported to be done or any action taken or purported to be taken by the

Central Government, except as provided in the second proviso to sub-section (3) of section 20A,

immediately before the commencement of this Act, in pursuance of the notification of the Government of

India in the Department of Culture (Archaeological Survey of India) number S.O. 1764, dated the 16^th

June, 1992 issued under rule 34 of the Ancient Monuments and Archaeological Sites and Remains Rules,

1959, shall be deemed to be and deemed to have always been done or taken validly and in accordance

with law at all material times [except as provided in the second proviso to sub-section (3) of section 20A]

and no action taken or thing done (including any order made, agreement entered into, or notification

issued for constituting any Expert Advisory Committee) in connection with any permission granted or

licence issued for any construction in a prohibited area or a regulated area in respect of a protected

monument, shall be deemed to be invalid or ever to have become invalid except as provided in the

second proviso to sub-section (3) of section 20A merely on the ground that the Ancient Monuments and

Archaeological Sites and Remains Act, 1958 (24 of 1958) or any rules, orders or notification issued

thereunder did not contain any provision for constitution of an Expert Advisory Committee or Advisory

Committee, as the case may be;

(b) no suit, claim or other proceedings shall be instituted, maintained or continued in any court,

tribunal or other authority for any permission or licence granted by the Central Government or the

Director-General under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of

1958) or any rule, order or notification made thereunder for carrying out any repair, renovation or

construction work or for undertaking any public work or public project before the commencement of this

Act;

solely on the ground that the Central Government or the Director-General did not take into consideration

any of the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of

1958), as amended by the Ancient Monuments and Archaeological Sites and Remains (Amendment and

Validation) Act, 2010, in granting any permission or licence for the purpose of carrying out any mining or

repair, renovation or construction work in a prohibited area or a regulated area at any time between the

16^th day of June, 1992 and the date of commencement of this Act.

13. Repeal and savings : (1) The Ancient Monuments and Archaeological Sites and Remains

(Amendment and Validation) Ordinance, 2010 (Order 1 of 2010) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as

amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding

provisions of the principal Act as amended by this Act.

V.K. BHASIN,

Secy. to the Govt. of India.

¦.Dgï. 29

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MINISTRY OF HUMAN RESOURCE DEVELOPMENT

(Department of School Education and Literacy)

NOTIFICATION

New Delhi, the 8^th April, 2010

G.S.R. 301(E).- In exercise of the powers conferred by section 38 of the Right of Children to Free

and Compulsory Education Act, 2009 (35 of 2009), the Central Government hereby makes the following

rules, namely:-

1. Short title and commencement.- (1) These Rules may be called the Right of Children to Free

and Compulsory, Education Rules, 2010.

(2) They shall come into force on the date of their publication in the Official Gazette.

PART I – PRELIMINARY

2. Definitions.- (1) In these rules, unless the context otherwise requires.-

(a) “Act” means the Right of Children to Free and Compulsory Education Act, 2009 (35 of

2009);

(b) “anganwadi” means an Anganwadi Centre established under the Integrated Child

Development Services Scheme of the Ministry of Women and Child Development of the

Government of India:

Gazette;

(d) “appropriate Government”, unless otherwise specified, means Government of a Union

territory (without State Legislature);

(e) “District Education Officer” means an Officer of the appropriate Government in charge for

elementary education in a district:

(f) “pupil cumulative record” means record of the progress of the child based on comprehensive

and continuous evaluation;

(g) “school mapping” means planning school location for the purpose of section 6 of the Act to

overcome social barriers and geographical distance.

(2) All references to “forms” in these rules shall be construed as references to forms set out in

Appendix I hereto.

(3) All other words and expressions used herein and not defined but defined in the Act shall have

the same meanings respectively assigned to them in the Act.

PART II – SCHOOL MANAGEMENT COMMITTEE

3. Composition and functions of the School Management Committee.- (1) A School

Management Committee (hereinafter in this rule referred to as the said Committee) shall be constituted in

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every school, other than an unaided school, within six months of the appointed date, and reconstituted

every two years.

(2) Seventy five percent, of the strength of the said Committee shall be from amongst parents or

guardians of children.

(3) The remaining twenty five percent, of the strength of the said Committee shall be from

amongst the following persons, namely:-

(a) one third members from amongst the elected members of the local authority, to be

decided by the local authority;

(b) one third members from amongst teachers from the school, to be decided by the

teachers of the school;

decided by the parents in the said Committee.

(4) To manage its affairs, the said Committee shall elect a chairperson and vice-chairperson from

among the parent members; the head teacher of the school, or where the school does not have a head

teacher, the senior most teacher of the school, shall be the ex-officio member-convener of the said

Committee.

(5) The said Committee shall meet at least once a month, and the minutes and decisions of the

meetings shall be properly recorded and made available to the public.

(6) The said Committee shall, in addition to the functions specified in clauses (a) to (d) of sub-

section (2) of section 21, perform the following functions, namely:

(a) communicate in simple and creative ways to the population in the neighbourhood of the

school, the rights of the child as enunciated in the Act; as also the duties of the

appropriate Government, local authority, school, parent and guardian;

(b) ensure the implementation of clauses (a) and (e) of section 24. and of section 28,

specified in section 27;

(d) ensure the enrolment and continued attendance of all the children from the

neighbourhood in the school;

(e) monitor the maintenance of the norms and standards specified in the Schedule;

(f) bring to the notice of the local authority any deviation from the rights of the child, in

particular mental and physical harassment of children, denial of admission, and timely

provision of free entitlements as per sub-section (2) of section 3;

(g) identify the needs, prepare a plan, and monitor the implementation of the provisions of

Section 4;

(h) monitor the identification and enrolment of, and facilities for education of children with

disability and ensure their participation in, and completion of elementary education;

(i) monitor the implementation of the mid-day meal in the school;

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

(7) Any money received by the said Committee for the discharge of its functions under this Act,

shall be kept in a separate account, to be audited annually.

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(8) The accounts referred to in clause (j) to sub-rule (6) and in sub-rule (7) should be signed by

the chairperson or vice-chairperson and convenor of the said Committee and made available to the local

authority within one month of their preparation.

4. Preparation of School Development Plan.- (1) The School Management Committee shall

prepare a School Development Plan at least three months before the end of the financial year in which it

is first constituted under the Act.

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

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

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

(b) requirement of the number of additional teachers, including Head Teachers, subject

teachers and part time instructors, separately for Classes I to V and for classes VI to

VIII, calculated with reference to the norms specified in the Schedule;

reference to the norms and standards specified in the Schedule:

(d) financial requirement in respect of (b) and (c) above, including for providing special

training facility in section 4, entitlements of children such as free text books and

uniforms, and any other additional requirement for fulfilling the responsibilities of the

school under the Act.

(4) The School Development Plan shall be signed by the Chairperson or vice-chairperson and

convenor of the School Management Committee and submitted to the local authority before the end of the

financial year in which it is prepared.

PART III – RIGHT TO FREE AND COMPULSORY EDUCATION

5. Special Training.- (1) The School Management Committee of a school owned and managed

by the appropriate Government or local authority shall identify children requiring special training and

organise such training in the following manner, namely:-

(a) the special training shall be based on specially designed, age appropriate learning

material, approved by the academic authority specified in sub-section (1) of section 29;

(b) the said training shall be provided in classes held on the premises of the school, or in

classes organised in safe residential facilities;

specially appointed for the purpose;

(d) the duration of the said training shall be for a minimum period of three months which may

be extended, based on periodical assessment of learning progress, for a maximum

period not exceeding two years.

(2) The child shall, upon induction into the age appropriate class, after special training, continue

to receive special attention by the teacher to enable him to successfully integrate with the rest of the

class, academically and emotionally.

PART IV – DUTIES AND RESPONSIBILITIES OF CENTRAL GOVERNMENT, APPROPRIATE

GOVERNMENT AND LOCAL AUTHORITY

6. Area or limits of neighbourhood.- (1) The area or limits of neighbourhood within which a

school has to be established by the appropriate Government or the local authority shall be.

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(a) in respect of children in classes from I to V. a school shall be established within a walking

distance of one km of the neighbourhood:

(b) in respect of children in classes from VI to VIII, a school shall be established within a

walking distance of three km of the neighbourhood:

(2) Wherever required, the appropriate Government or the local authority shall upgrade existing

schools with classes from I to V to include classes from VI to VIII and in respect of schools which start

from class VI onwards, the appropriate Government or the local authority shall endeavour to add classes

from I to V, wherever required.

(3) In places with difficult terrain, risk of landslides, floods, lack of roads and in general, danger for

young children in the approach from their homes to the school, the appropriate Government or the local

authority shall locate the school in such a manner as to avoid such dangers, by reducing the area or limits

specified under sub-rule (1).

(4) For children from small hamlets, as identified by the appropriate Government or the local

authority, where no school exists within the area or limits of neighbourhood specified under sub-rule (1),

the appropriate Government or the local authority shall make adequate arrangements, such as free

transportation and residential facilities, for providing elementary education in a school, in relaxation of the

area or limits specified in the said rule.

(5) In places with high population density, the appropriate Government or the local authority may

consider establishment of more than one neighbourhood school having regard to the number of children

in the age group of 6-14 years in such places.

(6) The local authority shall identify the neighbourhood school(s) where children can be admitted

and make such information public for each habitation.

(7) In respect of children with disability, which prevent them from accessing the school, the

appropriate Government or the local authority shall endeavour to make appropriate and safe

transportation arrangements to enable them to attend school and complete elementary education.

(8) The appropriate Government or the local authority shall ensure that access of children to the

school is not hindered on account of social and cultural factors.

7. Financial Responsibility of the Central Government.- (1) The Central Government shall

prepare annual estimates of capital and recurring expenditure for carrying out the provisions of the Act, for

a period of five years, within one month of the appointed date, which may be reviewed for every three

years.

(2) In order to implement the provisions of the Act, the Central Government shall, within a period

of six months of the appointed date, ensure that its programmes for elementary education are in

conformity with the provisions of the Act.

(3) The Central Government shall, within a period of six months from the appointed date, hold

consultation with the State Governments and determine the percentage of expenditure which it shall

provide to the State Governments as grants-in-aid of revenues for implementation of the Act.

(4) Within one month of the appointed date, the Central Government shall cause a reference to

be made to the Finance Commission, and cause similar references to be made every time the estimates

are revised:

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Provided that in case there is no Finance Commission in existence at the time of a particular

reference, the Central Government may set up an alternative mechanism for the purpose of providing

resources to the State Governments.

8. Academic responsibility of the Central Government.- (1) The Central Government shall

notify an academic authority within one month of the appointed date of development of the framework of

national curriculum.

(2) The Central Government shall, in consultation with the State Governments, and such other

academic authorities it may consider necessary, prepare a Scheme(s) for enabling the State

Governments and Union Territories to provide pre-service and in-service training of teachers in respect of

schools specified in sub-clauses (i) to (iii) of clause (n) of section 2 of the Act, including a monitoring

mechanism in accordance with the standards of training.

9. Responsibilities of the appropriate Government and local authority.- (1) A child attending

a school of the appropriate Government or local authority referred to in sub-clause (i) of clause (n) of

section 2, a child attending a school referred to in sub-clause (ii) of clause (n) of section 2 in accordance

with clause (b) of sub section (1) of section 12, and a child attending a school referred to in sub-clause (iii)

and (iv) of clause (n) of section 2 in accordance with clause (c) of sub-section (1) of section 12 shall be

entitled to free education as provided for in sub-section (2) of section 3 of the Act, and in particular to free

text books, writing materials and uniforms;

Provided that a child with disability shall be entitled also for free special learning and support

material.

Explanation : For the purposes of sub-rule (1), it may be stated that in respect of the child

admitted in accordance with clause (b) of sub-section (1) of section 12 and a child admitted in accordance

with clause (c) of sub-section (1) of section 12, the responsibility of providing the free entitlement shall be

of the school referred to in sub-clause (ii) of clause (n) of section 2 and of sub-clauses (iii) and (iv) of

clause (n) of section 2, respectively.

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

government or the local authority shall undertake school mapping and identity all children, including

children in remote areas, children with disability, children belonging to disadvantaged group, children

belonging to weaker section and children referred to in section 4, within a period of one year from the

appointed date, and every year thereafter.

(3) The appropriate Government or the local authority shall ensure that no child is subjected to

caste, class, religious or gender abuse in the school.

(4) For the purposes of clause (c) of section 8 and clause (c) of section 9, the appropriate

Government and the local authority shall ensure that a child belonging to a weaker section and a child

belonging to disadvantaged group is not segregated or discriminated against in the classroom, during mid

day meals, in the play grounds, in the use of common drinking water and toilet facilities, and in the

cleaning of toilets or classrooms.

10. Maintenance of records of children by the local authority.- (1) The local authority shall

maintain a record of all children in its jurisdiction, through a household survey, from their birth till they

attain the age of 14 years.

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

(3) The record, referred to in the said sub-rule, shall be maintained transparently, in the public

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

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(4) The record, referred to in the said sub-rule shall, in respect of every child, include.

(a) name, sex, date of birth, place of birth;

(b) name, address, occupation of parent or guardian;

(d) elementary school where the child is admitted;

(e) present address of the child;

(f) class in which the child is studying (for children between the age of 6 to 14), and if

education is discontinued in the territorial jurisdiction of the local authority, the cause of

such discontinuance;

(g) whether the child belongs to the weaker section;

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

(i) whether the child requires special facilities or residential facilities on account of (i)

migration and sparse population; (ii) age appropriate admission; and (iii) disability.

(5) The local authority shall ensure that the names of children enrolled in the schools are publicly

displayed in each school.

PART V – RESPONSIBILITIES OF SCHOOLS AND TEACHERS

11. Admission of children belonging to weaker section and disadvantaged group.- (1) The

school referred to in clauses (iii) and (iv) of clause (n) of section 2 shall ensure that children admitted in

accordance with clause (c) of sub-section (1) of section 12 shall not be segregated from the other children

in the classrooms nor shall their classes be held at places and timings different from the classes held for

the other children.

(2) The school referred to in clauses (iii) and (iv) of clause (n) of section 2 shall ensure that

children admitted in accordance with clause (c) of sub-section (1) of section 12 shall not be discriminated

from the rest of the children in any manner pertaining to entitlements and facilities such as text books,

uniforms, library and Information, Communication and Technology (ICT) facilities, extra-curricular and

sports.

(3) The area or limits of neighbourhood specified in sub-rule (1) of rule 6 shall apply to admissions

made in accordance with clause (c) of sub-section (1) of section 12:

Provided that the school may, for the purposes of filling up the requisite percentage of seats for

children referred to in clause (c) of sub-section (1) of section 12, extend these area or limits with the prior

approval of the appropriate Government.

12. Reimbursement of per-child-expenditure by the appropriate Government.- (1) The total

annual recurring expenditure incurred by the appropriate Government, from its own funds, and funds

provided by the Central Government and by any other authority, on elementary education in respect of all

schools referred to in sub-clause (i) of clause (n) of section 2, divided by the total number of children

enrolled in all such schools, shall be the per-child-expenditure incurred by the appropriate Government.

Explanation.- For the purpose of determining the per-child-expenditure, the expenditure incurred

by the appropriate Government or local authority on schools referred to in sub-clause (ii) of clause (n) of

section 2 and the children enrolled in such schools shall not be included.

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(2) Every school referred to in clauses (iii) and (iv) of clause (n) of section 2 shall maintain a

separate bank account in respect of the amount received by it as reimbursement under sub-section (2) of

section 12.

13. Documents as age proof.- Wherever a birth certificate under the Births, Deaths and

Marriages Certification Act, 1886 (6 of 1886) is not available, any one of the following documents shall be

deemed to be proof of age of the child for the purposes of admission in schools-

(a) hospital or Auxiliary Nurse and Midwife (ANM) register record;

(b) anganwadi record;

14. Extended period for admission.- (1) Extended period of admission shall be six months from

the date of commencement of the academic year of a school.

(2) Where a child is admitted in a school after the extended period, he shall be eligible to

complete studies with the help of special training, as determined by the head teacher of the school.

15. Recognition to school.- (1) Every school, other than a school established, owned or

controlled by the Central Government, appropriate Government or the local authority, established before

the commencement of this Act shall make a self declaration within a period of three months of the

commencement of the Act, in Form No. 1 to the concerned District Education Officer regarding its

compliance or otherwise with the norms and standards specified in the Schedule and fulfillment of the

following conditions, namely:-

(a) the school is run by a society registerd under the Societies Registration Act, 1860 (21 of

1860), or public trust constituted under any law for the time being in force;

(b) the school is not run for profit to any individual, group or association of individuals or any

other persons;

(d) the school buildings or other structures or the grounds are used only for the purposes of

education and skill development;

(e) the school is open to inspection by any officer authorised by the appropriate Government

or the local authority;

(f) the school furnishes such reports and such information as may be required from time to

time and complies with such instructions of the appropriate Government or the local

authority as may be issued to secure the continued fulfillment of the condition of

recognition or the removal of deficiencies in working of the school;

(2) Every self declaration received in Form 1 shall be placed by the District Education Officer in

public domain within fifteen days of its receipt.

(3) The District Education Officer shall, within three months of the receipt of the self declaration.

cause on-site inspection of such schools which claim in Form No. 1 to fulfill the norms and standards and

the conditions mentioned in sub-rule (1).

(4) After the inspection referred to in sub-rule (3) is carried out, the inspection report shall be

placed by the District Education Officer in public domain and schools found to be conforming to the

norms, standards and the conditions shall be granted recognition by the District Education Officer in Form

No. 2 within a period of fifteen days from the date of inspection.

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(5) Schools that do not conform to the norms, standards and conditions mentioned in sub-rule (1)

shall be listed by the District Education Officer through a public order to this effect; such schools may

request the District Education Officer for an on-site inspection for grant of recognition at any time within

the next two and a half years, so that such period does not exceed three years from the commencement

of the Act;

(6) Schools which do not conform to the norms, standards and conditions mentioned in sub-rule

(1) within three years from the commencement of the Act, shall cease to function.

(7) Every school, other than a school established, owned or controlled by the Central

Government, appropriate Government or local authority, established after the commencement of this Act

shall conform to the norms and standards and conditions mentioned in sub-rule (1) in order to qualify for

recognition under this rule.

16. Withdrawal of recognition to school.- (1) Where the District Education Officer (hereinafter

in this rule referred to as the said Officer) on his own motion, or on any representation received from any

person, has reason to believe, to be recorded in writing, that a school recognised under rule 15, has

violated one or more of the conditions for grant of recognition or has failed to fulfill the norms and

standards specified in the Schedule, the District Education Officer shall act in the following manner,-

(a) issue a notice to the school specifying the violations of the condition of grant of

recognition and seek its explanation within one month.

(b) in case the explanation is not found to be satisfactory or no explanation is received within

the stipulated time period, the said Officer may cause an inspection of the school, to be

conducted by a Committee of three to five members comprising of educationists, civil

society representatives, media, and government representatives, which shall make due

inquiry and submit its report, along with its recommendations for continuation of

recognition or its withdrawal, to the said Officer.

pass order for withdrawal of recognition:

Provided that no order for withdrawal of recognition shall be passed by the said Officer without

giving the school adequate opportunity of being heard.

Provided further that no such order shall be passed by the said Officer without prior approval of

the appropriate Government.

(2) The order of withdrawal of recognition passed by the said Officer shall be operative from the

immediately succeeding academic year and shall specify the neighbourhood schools to which the children

of that school shall be admitted.

PART VI – TEACHERS

17. Minimum qualifications.- (1) The Central Government shall, within one month of the

appointed date, notify an academic authority for laying down the minimum qualifications for a person to be

eligible for appointment as a teacher.

(2) The Academic authority notified under sub-rule (1), shall, within three months of such

notification, lay down the minimum qualifications for persons to be eligible for appointment as a teacher in

an elementary school.

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(3) The minimum qualifications laid down by the academic authority referred to in sub-rule (1)

shall be applicable for every school referred to in clause (n) of section 2.

18. Relaxation of minimum qualifications.- (1) The State Government and the Union territory

shall, within six months from the commencement of the Act, estimate the teacher requirement as per the

norms in the Schedule for all schools referred to in clause (n) of section 2.

(2) Where a State Government or a Union territory does not have adequate institutions offering

courses or training in teacher education, or persons possessing minimum qualifications as notified in sub-

rule (2) of rule 17 are not available in sufficient numbers in relation to the requirement of teachers

estimated under sub-rule (1), the State Government or the Union territory shall request, within one year of

the commencement of the Act, the Central Government for relaxation of the prescribed minimum

qualification.

(3) On receipt of the request referred to in sub-rule (2), the Central Government shall examine the

request of the State Government or the Union territory and may, by notification, relax the minimum

qualifications.

(4) The notification referred to in sub-rule (3) shall specify the nature of relaxation and the time

period, not exceeding three years, but not beyond five years from the commencement of the Act, within

which the teachers appointed under the relaxed conditions acquire the minimum qualifications specified

by the academic authority notified under sub-section (1) of section 23.

(5) After six months from the commencement of the Act, no appointment of teacher for any school

can be made in respect of any person not possessing the minimum qualifications notified in sub-rule (2) of

rule 17, without the notification of relaxation referred to in sub-rule (3).

(6) A person appointed as teacher within six months of the commencement of the Act, must

possess at least the academic qualifications not lower than higher secondary school certificate or

equivalent.

19. Acquiring minimum qualifications.- (1) The State Government and the Union territory shall

provide adequate teacher education facilities to ensure that all teachers in schools referred to in sub-

clause (i), and schools owned and managed by the Central Government or the State Government or

Union territory or local authority under sub-clause (iii), of clause (n) of section 2, who do not possess the

minimum qualifications laid down under sub-rule (2) of rule 17 at the time of commencement of the Act, to

acquire such minimum qualifications within a period of five years from the commencement of the Act.

(2) For a teacher of a school referred to in sub-clause (ii) and (iv) of clause (n) of section 2, and of

a school referred to in sub-clause (iii) of clause (n) of section 2 not owned and managed by the Central

Government. State Government or Union Territory or local, who does not possess the minimum

qualifications laid down under sub-rule (2) of Rule 17 at the time of commencement of the Act, the

management of such school shall enable such teacher to acquire such minimum qualifications within a

period of five years from the commencement of the Act.

20. Salary and allowances and conditions of service of teachers.- (1) The Central

Government or the appropriate Government or the local authority, as the case may be, shall notify terms

and conditions of service and salary and allowances of teachers of schools owned and managed by them

in order to create a professional and permanent cadre of teachers.

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(2) In particular and without prejudice to sub-rule (1). The terms and conditions of service shall

take into account the following namely:-

(a) accountability of teachers to the School Management Committee;

(b) provisions enabling long term stake of teachers in the teaching profession.

(3) The scales of pay and allowances, medical facilities, pension, gratuity, provident fund, and

other prescribed benefits of teachers shall be at par for similar qualification, work and experience.

21. Duties performed by teachers.- (1) The teacher shall maintain a file containing the pupil

cumulative record for every child shall be the basis for awarding the certificate for completion of

elementary education.

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

section 24, may perform the following duties;

(a) participation in training programmes;

(b) participation in curriculum formulation, and development of syllabi, training modules and

text book development;

22. Maintaining pupil-teacher ratio.- (1) The sanctioned strength of teachers in a school shall

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

be, within a period of three months of the appointed date;

Provided that the Central Government, appropriate Government or the local authority, as the case

may be, shall, within three months of such notification, redeploy teachers of schools having strength in

excess of the sanctioned strength prior to the notification referred to in sub-rule (1).

(2) If any person of the Central Government, appropriate Government or the local authority

violates the provisions of sub-section (2) of section 25, he or she shall be personally liable for disciplinary

action.

PART VII – CURRICULUM AND COMPLETION OF ELEMENTARY EDUCATION

23. Academic authority.- (1) The Central Government shall notify an academic authority for the

purposes of section 29 within one month of the appointed date.

(2) While laying down the curriculum and evaluation procedure, the academic authority notified

under sub-rule (1) shall,-

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

material;

(b) develop in-service teacher training design; and

(3) The academic authority referred to in sub-rule (1) shall design and implement a process of

holistic school quality assessment on a regular basis.

24. Award of certificate.- (1) The certificate of completion of elementary education shall be

issued at the school level within one month of the completion of elementary education.

(2) The certificate referred to in sub-rule (1) shall contain the pupil cumulative record of the child.

PART VIII – PROTECTION OF RIGHT OF CHILDREN

25. Performance of functions by the National Commission for Protection of Child Rights.-

The Central Government shall provide resource support to the National Commission for Protection of

Child Rights in performance of its functions under the Act.

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26. Manner of furnishing complaints before the National Commission for Protection of

Child Rights.- The National Commission for Protection of Child Rights may set up a child helpline to

through a transparent on-line mechanism.

27. Performance of functions by the State Commission for Protection of Child Rights.- (1)

An appropriate Government which does not have a State Commission for Protection of Child Rights, may

take immediate steps to set up such Commission.

(2) Till such time as the appropriate Government sets up the State Commission for Protection of

Child Rights, it shall constitute an interim authority known as the Right to Education Protection Authority

(hereinafter in this rule referred to as the REPA) for the purposes of performing the functions specified in

sub-section (1) of section 31, within six months of the commencement of Act or the constitution of the

State Commission for Protection of Child Rights, whichever is earlier.

(3) The Right to Education Protection Authority (REPA) shall consist of the following, namely-

(a) a chairperson who is a person of high academic repute or has been a High Court Judge

or has done outstanding work for promoting the rights of children; and

(b) two members, of whom at least one shall be a woman, from the following areas, from

amongst persons of eminence, ability, integrity, standing and experience in-

(i) education;

(ii) child health care and child development;

(iii) juvenile justice or care of neglected or marginalized children or children with

disabilities;

(iv) elimination of child labour or working with children in distress;

(v) child psychology or sociology; or

(vi) legal profession.

(4) The National Commission for Protection of Child Rights Rules, 2006 shall, so far as pertains to

the terms and conditions, mutatis mutandis apply to chairperson and other members of the REPA.

(5) Immediately after the constitution of the State Commission for Protection of Child Rights, all

records and assets of the REPA shall be transferred to it.

(6) In performance of its functions, the State Commission for Protection of Child Rights or the

REPA, as the case may be, may also act upon matters referred to it by the State Advisory Council.

(7) The appropriate Government shall provide resource support to the State Commission for

Protection of Child Rights or the REPA, as the case may be, in performance of its functions under the Act.

28. Manner of furnishing complaints before the State Commission for Protection of Child

Rights.- (1) The State Commission for protection of Child Rights, or the Right to Education Protection

Authority (hereinafter in this rule referred to as REPA), as the case may be, may set up a child help line

which would register complaints regarding violation of rights of the child under the Act, which may be

monitored by it through a transparent on-line mechanism.

29. Constitution of the National Advisory Council.- (1) The National Advisory Council

(hereinafter in this rule referred to as the Council) shall consist of a Chairperson and fourteen Members.

(2) The Minister of Human Resource Development shall be the ex-officio chairperson of the

Council.

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(3) Members of the Council shall be appointed by the Central Government from amongst persons

having knowledge and practical experience in the field of elementary education and child development,

as under.

(a) at least three members should be from amongst persons belonging to the Scheduled

Caste, the Scheduled Tribe and minorities;

(b) at least one member should be from amongst persons having specialized knowledge and

practial experience of education of children with special needs;

of pre-primary education;

(d) at least one member should be from amongst persons having specialized knowledge and

practical experience in the field of teacher education;

(e) The following shall be ex-officio members of the Council

i. Secretary, School Education and Literacy.

ii. Director, National Council of Education Research and Training.

iii. Vice Chancellor, National University of Educational Planning and Administration.

iv. Chairperson, National Council of Teacher Education.

v. Chairperson, National Commission of Protection of Child Rights.

(f) One third of all members shall be women.

(g) Joint Secretary in charge of implementation of the Act will be ex-officio Member Secretary,

and secretarial support will be provided by the Department of School Education and

Literacy.

(4) The Council may especially invite representatives of other related Ministries/Departments as

required.

30. Functions of the National Advisory Council.- (1) The National Advisory Council shall

function in an advisory capacity.

(2) The National Advisory Council shall perform one or more of the following functions, namely:-

(a) review

(i) norms and standards specified in the Schedule;

(ii) compliance with teacher qualifications and trainings; and

(iii) implementation of section 29;

(b) commission studies and research for the effective implementation of the Act;

(d) act as an interface between the public and the media and the Central Government in

creating awareness, mobilisation, and a positive environment for the implementation

of the Act.

(3) The National Advisory Council shall prepare reports relating to the reviews, studies and

research undertaken by it and furnish the same to the Central Government.

31. Constitution of the State Advisory Council.- (1) The State Advisory Council (hereinafter

referred to in this rule as the Council) shall consist of a chairperson and fourteen members.

(2) The Minister in-charge of School Education in the appropriate Government shall be the ex-

officio chairperson of the Council.

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(3) Members of the Council shall be appointed by the appropriate Government from amongst

persons having knowledge and practical experience in the field of elementary education and child

development, as under

(a) at least three members should be from amongst persons belonging to the Scheduled

Caste, the Scheduled Tribe and minorities;

(b) at least one member should be from amongst persons having specialized knowledge and

practical experience of education of children with special needs;

of pre-primary education;

(d) at least one member should be from amongst persons having specialized knowledge and

practical experience in the field of teacher education;

(e) The following shall be ex-officio members of the Council

Secretary in charge of Elementary Education

ii.

Director State Council of Educational Research and Training/ State Institute of

Education.

iii. Commissioner/Director of Elementary Education.

iv. Chairperson, State Commission for Protection of Child Rights/ Right to Education

Protection Authority.

(f) One third of all members shall be women.

(g) SPD, SSA shall be ex-officio Member Secretary of the Council.

(4) The Council may especially invite representatives of other related Ministries/Departments as

required.

[F. No. 1-8/2009-EE 4]

ANITA KAUL, Jt, Secy.

APPENDIX

FORM 1

SELF DECLARATION CUM APPLICATION FOR GRANT OF RECOGNITION OF SCHOOL

(See sub-rule (1) of rule 15)

The District Education Officer

(Name of District and Union territory)

Sir,

I forward herewith with a self declaration regarding compliance with the norms and standards

specified in the Schedule of the Right of Children to Free and Compulsory Education Act, 2009 and an

application in the prescribed proforma for the grant of recognition to …………………………… (Name of

the school)……………………..

With effect from the commencement of the school year 20………..

Yours faithfully.

Enclosure :

Place :

Date :

Chairman of Managing

Committee/Manager.

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A. School Details

Name of School

Academic Session

District

Postal Address

Village/City

Tahsil

Pin Code:

Phone No. with STD Code

Fax No.

10.

E-mail address if any

11.

Nearest Police Station

B. General Information

Year of Foundation

Date of First Opening of School

Name of Trust/Society/Managing Committee

Whether Trust/Society/Managing committee/is

registered

Period upto which Registration of

Trust/Society/Managing Committee is valid

Whether there is a proof of non-proprietary character

of the Trust/Society/Managing Committee supported

by the list of members with their address on an

affidavit in copy

Name official address of the Manager/President/Chairman of the School

Name

Designation

Address

Phone

(O) ………………

(R) ………………

Total Income and Expenditure during last 3 years surplus/deficit

Year

Income

Expenditure

Surplus/deficit

C. Nature and area of School

Medium of Instruction

Type of School (Specify entry and exit classes)

If aided, the name of agency and percentage of aid

If School Recognized

If so, by which authority Recognition number

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Does the school has its own building or is it running

in a rented building.

Whether the School buildings or other structures of

the grounds are used only for the purpose of

education and skill development?

Total area of the school

Built in area of the school

D. Enrollment Status

Class

No. of Section

No. of Students

Pre-primary

I-V

VI-VIII

E. Infrastructure Details and Sanitary Conditions

Room

Numbers

Average Size

Classroom

Office room – cum –

Store Room – cum –

Headmaster Room

Kitchen – Cum – Store

F. Other Facilities

Whether all facilities have barrier free access

Teaching Learning Material (attach list)

Sports and Play equipments (attach list)

Facility books in Library

•

Books (No. of books)

•

Periodical/Newspapers

Type and number of drinking water facility

Sanitary Conditions

(i) Type of W.C. and Urinals

(ii) Number of Urinals/Lavatories Separately for

Boys

(iii) Number of Urinals/ Lavatories Separately for

Girls

G. Particulars of Teaching Staff

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

Teacher Name

(1)

Father/Spouse Name

(2)

Date of Birth

(3)

Academic Qualification

(4)

Professional Qualifications

(5)

Teaching Experience

(6)

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Class Assigned

(7)

Appointment Date

(8)

Trained or Untrained

(9)

2. Teaching in Both Elementary and Secondary (details of each teacher separately)

Teacher Name

(1)

Father/Spouse Name

(2)

Date of Birth

(3)

Academic Qualification

(4)

Professional Qualifications

(5)

Teaching Experience

(6)

Class Assigned

(7)

Appointment Date

(8)

Trained or Untrained

(9)

3. Head Teacher

Teacher Name

(1)

Father/Spouse Name

(2)

Date of Birth

(3)

Academic Qualification

(4)

Professional Qualifications

(5)

Teaching Experience

(6)

Class Assigned

(7)

Appointment Date

(8)

Trained or Untrained

(9)

H. Curriculum and Syllabus

Details of curriculum and syllabus followed in each

class (upto VIII)

System of Pupil Assessment.

Whether pupils of the school are required to take

any Board exam upto class 8?

(I) Certified that the school has also submitted information in this data capture format of District

Information System of Education with this application.

(J) Certified that the school is open to inspection by any officer authorized by the appropriate

authority;

(k) Certified that the school undertakes to furnish such reports and information as may be

required by the District Education Officer from time to time and complies with such

instructions of the appropriate authority or the District Education Officer as may be issued to

secure the continued fulfillment of the condition of recognition or the removal of deficiencies in

working of the school;

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(L) Certified that records of the school pertinent to the implementation of this Act shall be open to

inspection. by ony officer authorized by the District Education Officer or appropriate authority

at any time and the school shall furnish all such information as may be necessary to enable

the Central Government or the Local Body or the Administration to discharge its or his

obligations to Parliament / Panchayat / Municipal Corporation as the case may be.

Sd./-

Chairman/Manager

Managing Committee

………….……… School

Place

Form II

Gram :

Phone :

E-Mail :

Fax :

OFFICE OF DISTRICT EDUCATION OFFICER

(Name of District/ Union Territory)

No.

Dated :

The Manager,

Sub : Recognition Certificate for the School under sub-rule (4) of rule 15 of Right of Children to

Free and compulsory Education Rules, 2010 for the purpose of section 18 of Right of

Children to Free and Compulsory Education Act, 2009.

Dear Sir/Madam,

With reference to your application dated ………………. and subsequent correspondence with the

school/inspection in this regard, I convey the grant for provisional recognition to the …………………….

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

…………. to ………. .

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

1. The grant for recognition is not extendable and does not in any way imply any obligation to

recognize/ affiliate beyond Class VIII.

2. The School shall abide by the provisions of Right of Children to Free and Compulsory

Education Act, 2009 (Annexure I) and the Right of Children to Free and Compulsory

Education Rules, 2010 (Annexure II).

3. The School shall admit in class I (or in pre-school class, as the case may be), to the extent of

% 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.

4. For the children referred to in paragraph 3, the School shall be reimbursed in accordance with

the provisions of sub-section (2) of section 12 of the Act. To receive such reimbursements

school shall maintain a separate bank account.

5. The Society/School shall not collect any capitation fee and subject the child or his or her

parent or guardian to any screening procedure.

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6. The School shall not deny admission to any child for lack of age of proof shall adhere to the

provisions of section 15 of the Act. The School shall ensure:

(i)

No child admitted shall be held back in any class or expelled from school till the

completion of elementary education in a school;

(ii)

No child shall be subjected to physical punishment or mental harassment;

(iii)

No child is required to pass any board examination till the completion of elementary

education;

(iv) Every child completing elementary education shall be awarded a certificate as laid

down under rule 25.

(v)

Inclusion of Students with disabilities/special needs as per provision of the Act.

(vi) The teachers are recruited with minimum qualifications as laid under section 23(1) of

the Act. Provided further that the current teachers who, at the commencement of this

Act do not possess minimum qualifications shall acquire such minimum qualifications

with in a period of 5 years;

(vii) The teacher performs its duties specified under section 24(1) of the Act and

(viii) The teachers shall not engage himself or herself for private teaching activities.

The School shall follow the syllabus on the basis of curriculum laid down by appropriate

authority.

The School shall maintain the standards and norms of the school as specified in section 19

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

Area of school campus

Total built up area

Area of play ground

No. of class rooms

Room for Headmaster-cum-Office-cum-Storeroom

Separate toilet for boys and girls

Drinking Water Facility

Kitchen for cooking Mid Day Meal

Barrier free Access

Availability of Teaching Learning Material/Play Sports

Equipments/Library

No unrecognized classes shall run within the premises of the school or outside in the same

name of school.

10. The school buildings or other structures or the grounds are used only for the purposes

education and skill development.

11. The School is run by a society registered under the Societies Registration Act, 1860 (21 of

1860), or a public trust constituted under any law for the time being in force;

12. The School is not run for profit to any individual, group or association of individuals or any

other persons;

13. The accounts should be audited and certified by a Chartered Accountant and proper

accounts statements should be prepared as per rules. A copy each of the Statements of

Accounts should be sent to the District Education Officer every year.

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14. The recognition Code Number allotted to your school is ……….. This may please be noted

and quoted for any correspondence with this office.

15. The school furnishes such reports and information as may be required by the Director of

Education/District Education Officer from time to time and complies with such instructions of

the Appropriate Government /Local Authority as may be issued to secure the continued

fulfillment of the condition of recognition or the removal of deficiencies in working of the

school;

16. Renewal of Registration of Society if any, be ensured.

17. Other conditions as per Annexure enclosed.

Yours faithfully,

District Education Officer.

¦.Dgï. 30

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MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 18^th May, 2010/Valsakha 28, 1932(Saka)

The following Act of Parliament received the assent of the President on the 18^th May, 2010, and is

hereby published for general information:-

THE TAMIL NADU LEGISLATIVE COUNCIL ACT, 2010

(No. 16 OF 2010)

[18^th May, 2010]

An Act to provide for the creation of Legislative Council for the State of Tamil Nadu and for

matters supplemental, incidental and consequential thereto.

BE it enacted by Parliament in the Sixty-first year of the Republic of India as follows:-

1. Short title : This Act may be called the Tamil Nadu Legislative Council Act, 2010.

2. Definition : In this Act, unless the context otherwise requires, each of the words and

expressions used herein and not defined but defined in the Representation of the People Act, 1950 (43 of

1950), shall have the same meaning as in that Act.

3. Creation of Legislative Council for Tamil Nadu : (1) As from such date as the President

may, be order appoint, there shall be a Legislative Council for the State of Tamil Nadu; and as from that

date, in sub-clause (a) of clause (1) of article 168, after the word “Karnataka”, the words “Tamil Nadu”,

shall be inserted.

(2) In the said Council, there shall be 78 seats of which-

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140

(a) the numbers to be filled by persons elected by the electorates referred to in sub-

clauses (a), (b) and (c) of clause (3) of article 171 shall be 26, 7 and 7 respectively;

(b) the number to be filled by persons elected by the members of the Legislative

Assembly of Tamil Nadu in accordance with the provisions of sub-clause (d) of the said clause

shall be 26; and

accordance with the provisions of sub-clause (e) of that clause shall be 12.

(3) As soon as may be after the commencement of this Act, the President, after consultation with

the Election Commission, shall, by order, determine,-

(a) the constituencies into which the State of Tamil Nadu shall be divided for the purpose

of elections to the said Council under each of the sub-clauses (a), (b) and (c) of clause (3) of

article 171;

(b) the extent of each constituency; and

(4) As soon as may be after such determination, steps shall be taken to constitute the said

Council in accordance with the provisions of this Act, the Representation of the People Act, 1950 (43 of

1950) and the Representation of the People Act, 1951(43 of 1951).

4. Amendment of Third Schedule and Fourth Schedule to Act 43 of 1950 : In the

Representation of the People Act, 1950,-

(a) in the Third Schedule, after entry No. 6 relating to Karnataka, the following entry shall

be inserted, namely:-

“7. Tamil Nadu

12”;

(b) in the Fourth Schedule, after the heading “KARNATAKA” and the entries there-under,

the following heading and entries shall be inserted, namely:-

“TAMIL NADU”

1. Municipalities, as referred to in article 243Q of the Constitution.

2. Panchayat Union Councils.

3. Cantonment Boards.

4. District Panchayats referred to in the Tamil Nadu Panchayat Act, 1994 (Tamil Nadu Act

21 of 1994).”

5. Amendment of section 15A of Act 43 of 1951 : In section 15A of the Representation of the

People Act, 1951, after the words and figures “under the Andhra Pradesh Legislative Council Act, 2005 (1

of 2006)”, the words and figures “and constituting the Legisaltive Council of the State of Tamil Nadu under

the Tamil Nadu Legislative Council Act, 2010” shall be inserted.

V.K. BHASIN,

Secy. to the Govt. of India.

¦.Dgï. 32

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