Goa RTE Rules
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Reg. No. GR/RNP/GOA/32 RNI No. GOAENG/2002/6410 Panaji, 2nd August, 2012 (Sravana 11, 1934) SERIES I No. 18 PUBLISHED BY AUTHORITY NOTE There is one Extraordinary issue to the Official Gazette, Series I No. 17 dated 26-7-2012, namely, Extraordinary dated 31-7-2012 from pages 889 to 896 regarding The Goa Appropriation (Vote on Account) (No. 2) Bill, 2012—Bills LA/ /LEGN/2012/1189 from Goa Legislature Secretariat and The Goa Appropriation (Vote of Account) (No. 2) Act, 2012—Not No. 7/3/2012-LA from Department of Law & Judiciary (Legal Affairs Division). INDEX Department Not./Order/Bill/Add. Subject Pages 1. Education, Art & Culture Not.- DE/PLG/RTE 2009/ The Goa Right of Children to Free and Compulsory 897 Directorate of Education /RULES/2010-11/735 Education Rules, 2012. Director 2. Goa Legislature Secretariat Bill.- LA/LEGN/2012/1206 The Goa Panchayat Raj (Amendment) Bill, 2012. 918 b. —do— Bill.- LA/LEGN/2012/1220 The Goa Barge Tax (Amendment) Bill, 2012. 919 c. —do— Bill.- LA/LEGN/2012/1221 The Goa Barge (Taxation on Goods) (Amendment) 920 Bill, 2012. d. —do— Bill.- LA/LEGN/2012/1222 The Goa Motor Vehicles Tax (Amendment) Bill, 2012. 922 e. —do— Bill.- LA/LEGN/2012/1223 The Goa Motor Vehicles (Taxation on Passengers and 925 Goods) (Amendment) Bill, 2012. f. —do— Bill.- LA/LEGN/2012/1224 The Goa Shops and Establishments (Amendment) Bill, 927 2012. 3. Home Add.- 17/8/2011-HD(G) Application Form for claiming incentive under the Goa 930 Home—General Division grant of monetary incentives to the Goan Youth who have Under Secretary joined Armed Forces of the Indian Union Scheme, 2012. 4. Housing Board Ord.- GRB/1/STAFF/12-13 Final Sanctioned Staff Strength. 930 Goa Rehabilitation Board Member Secretary GOVERNMENT OF GOA Right of Children to Free and Compulsory Education Act, 2009 (Central Act No. 35 of Department of Education, Art & Culture 2009), the Government of Goa hereby makes the following rules, namely:— Directorate of Education ___ PART I Notification Preliminary 1. Short title and commencement.— (1) DE/PLG/RTE 2009/Rules/2010-11/735 These rules may be called the Goa Right of In exercise of the powers conferred by Children to Free and Compulsory Education sub-sections (1) and (2) of section 38 of the Rules, 2012. 897 Suggestions are welcome on e-mail: dir–[email protected] OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2012 (2) They shall come into force from the date (k) “pre-primary education” means early of their publication in the Official Gazette. childhood care and education for all children upto the age of six years; 2. Definitions.— (1) In these rules, unless the context otherwise requires,— (l) “primary stage” means a stage of elementary education from class I to class (a) “Act” means the Right of Children to IV (both inclusive); Free and Compulsory Education Act, 2009 (Central Act No. 35 of 2009); (m) “pupil cumulative record” means record of the progress of the child based on (b) “anganwadi” means an anganwadi comprehensive and continuous evaluation; centre established under the Integrated Child Development Services Scheme of the (n) “school mapping” means planning Ministry of Women and Child Development school location for the purpose of section 6 of the Government of India; of the Act to overcome social barriers and geographical distance; (c) “appointed date” means the date on which the Act has come into force; (o) “Upper primary stage” means a stage of elementary education from class V to class (d) “Chapter”, “section” and “Schedule” VIII (both inclusive); means the Chapter of, section of, and Schedule to, the Act; (p) “Zone” means the educational region or an educational district comprising the (e) “Child” means any child of the age of areas in the State of Goa, specified by the 6 to 14 years; Director of Education in this behalf, for the purposes of organization, supervision, (f)“Deputy Director” means the Deputy inspection and control of schools located Director of Education or any other officer therein; with whatever designation, in charge of a Zone; (q) “SCERT” means State Council for Education Research & Training; (g) “Director” means the Director of (r) “SPD” means State Project Director; Education of the Directorate of Education of the Government of Goa; (s) “RTE-SSA” means Right to Education – Sarva Shiksha Abhiyan. (h) “form” means a form appended to these Rules; (2) All other words and expressions used herein and not defined but defined in the Act (i) “Government” means the Government shall have the same meanings respectively of the State of Goa; assigned to them in the Act. (j) “local authority” means a Municipal PART II Corporation or Municipal Council or Zilla Duties of Government, Local Authority Parishad or Nagar Panchayat or Panchayat by whatever name called and includes 3. Areas or limits for the purposes of section such other authority or body having 6 of the Act.— (1) Where school is not administrative control over the school or established, within the area or limits of empowered by or under any law for the time neighbourhood as stated hereunder, the same being in force to function as a local authority shall be established by the Government or the in any city, town or village; local authority as under:— 898 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2012 (a) in respect of children in classes from I (7) In respect of children with disability to IV, a school shall be established within a which prevent them from accessing the school, walking distance of one kilometer of the the Government or the local authority shall neighbourhood. endeavour to make appropriate and safe transportation arrangements to enable them (b) in respect of children in classes from to attend school and complete elementary V to VIII, a school shall be established within education. a walking distance of three kilometers of the neighbourhood. (8) The Government or the local authority shall ensure that access of children to the (2) Wherever required, the Government or school is not hindered on account of social and the local authority shall upgrade existing cultural factors. schools with classes from I to IV to include classes from V to VIII and in respect of schools 4. Duties of Government and Local Authority which start from class V onwards, the for the purposes of sections 8 and 9 of the Government or the local authority shall Act.— (1) A child attending a school of the endeavour to add classes from I to IV, wherever Government or local authority referred to in required. sub-clause (i) of clause (n) of section 2, of the Act a child attending a school referred to in (3) In places with difficult terrain, risk of sub-clause (ii) of clause (n) of said section 2 in landslides, floods, lack of roads and in general, pursuance of clause (b) of sub-section (1) of danger for young children in the approach section 12 of the Act and a child attending a from their homes to the school, the school referred to in sub-clauses (iii) and (iv) Government or the local authority shall locate of clause (n) of said section 2 in pursuance of the school in such a manner as to avoid such clause (c) of sub-section (1) of said section 12, dangers, by reducing the area or limits shall be entitled to free text books, writing specified under sub-rule (1). materials and uniforms: (4) For children from small hamlets, as Provided that a child with disabilities shall identified by the Government or the local also be provided free special learning and authority, where no school exists within the support material. area or limits of neighbourhood specified under sub-rule (1), the Government or the Explanation: In respect of the child admitted local authority shall make adequate in pursuance of clause (b) of sub-section (1) of arrangements, such as, free transportation said section 12 and a child admitted in and residential facilities for providing pursuance of clause (c) of sub-section (1) of elementary education in a school, in relaxation said section 12, the responsibility of providing of the area or limits specified in the said the free entitlement shall be of the school sub-rule (1). referred to in sub-clause (ii) of clause (n) of section 2 and of sub-clauses (iii) and (iv) of (5) In places with high population density, clause (n) of section 2, respectively. the Government or the local authority may consider establishment of more than one (2) For the purpose of determining and for neighbourhood school, having regard to the establishing neighbourhood schools, the number of children in the age group of six to Government/local authority shall undertake fourteen years in such places. school mapping, and identify all children, including children in remote areas, children (6) The Government shall identify the with disabilities, children belonging to neighbourhood school(s) where children can disadvantaged groups, children belonging to be admitted and make such information public weaker sections and children referred to in for each habitation. section 4, every year. 899 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2012 (3) The Government/local authority shall (f) class in which the child is studying ensure that no child is subjected to caste, class, (for children between the age of six to religious or gender abuse in the school. fourteen years) and if education is discontinued in the territorial jurisdiction of (4) For the purposes of clause (c) of section the local authority, the cause of such 8 and clause (c) of section 9, the Government discontinuance; and the local authority shall ensure that a child belonging to a weaker section and a child (g) whether the child belongs to a belonging to disadvantaged group is not disadvantaged group within the meaning of segregated or discriminated against in the clause (d) of section 2; classroom, during mid day meals, in the play grounds, in the use of common drinking water (h) whether the child belongs to a weaker and toilet facilities, and in the cleaning of toilets section within the meaning of clause (e) of or classrooms.