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State of Gujarat - Section

Section 13 in Right of Children to Free and Compulsory Education Rules, 2012

13. Recognition of schools.

(1)Every existing school, other than a school established, owned or controlled by the State Government or Local Authority, established before the commencement of this Act shall make a self declaration within a period of three months from the commencement of these Rules and every new school shall make an application before the 1st January of the year in which next academic session commences, in Form No.1 to the Competent Authority regarding its compliance or otherwise with the norms and standards prescribed in the Schedule, and other conditions as follows:
(a)the school is run by a society registered under the Societies Registration Act, 1860 (21 of 1860), or as a- public trust established, or under any law for the time being in force or any Company registered under Section 25 of the Companies Act, 1956 (I of 1956).
(b)the school conforms to the values enshrined in the Constitution of India.
(c)Every room used or proposed to be used as classroom shall have minimum carpet area equivalent to 8 sq. feet for every student of the class plus 60 sq. feet additional area for teaching.
(d)Subjected to condition prescribed in clause (c ), the carpet area of classrooms should not be less than 300 sq. feet provided that if one or more classrooms have carpet area less than three hundred sq. feet, the student-teacher ratio of the school shall not exceed the ratio formulated on the following formulae:-
Student-teacher ratio = (Area of smallest classroom in sq. feet - sixty) / eight
(e)the school buildings or other structures or the grounds are used only for the purposes of education and skill development.
(f)the school is open to inspection by any officer authorized by the State Government/Local Authority.
(g)the school furnishes such reports and information as may be required, by a general or specific order, within such time and in such format as may be specified in the order by the Director or the Competent Authority from time to time and complies with such instructions of the State Government or Local Authority as may be issued to secure the continued fulfillment of the conditions of recognition or the removal of deficiencies in working of the school.
(h)Without .prejudice to generalities of clause (g), the school shall create and maintain a-website of the school if required to do so by the Director and keep it updated. The website shall be in such format and provide such information as may be specified by the Director. The school shall also fill up DISE (District Information System for Education) data on DISE website correctly and truthfully every year within specified time-limit.
(2)Every declaration made under sub-rule (1) by existing schools and application for new school received in Form 1 shall be placed by the Competent Authority in public domain within fifteen days of its receipt.
(3)Every declaration made under sub-rule (1) by existing schools and application for new school shall be filed in physical form along with such document and such fees as may be specified by the State Government, and also be filed online in electronic form if required by the Director.
(4)A Committee consisting of officers or an independent body appointed by the Competent Authority consisting of three members shall conduct on-site inspection of such schools within three months of receipt of the self declaration form and submit its report to the Competent Authority indicating whether the school fulfils the norms for recognition. For every 30-40 schools, one such committee shall be constituted!
(5)After the inspection referred to in sub-Rule (4) is carried out, the inspection report shall be placed by the Competent Authority in public domain (website of the education department) and schools found to be conforming to the norms, standards shall be granted recognition by the Competent Authority in Form No.2 within a period of 30 days from the date of inspection.
(6)The schools that does not conform to the norms and standards specified in sub rule (1) shall be listed by an order of the Competent Authority. In such cases such school may within a period of 15 days, make an application to the Competent Authority by paying a fee Rs. Five Thousands for second on-site inspection for the purposes of granting recognition.;
(7)The existing schools which does not conform to the norms and standards specified in sub rule (1), may make an application to the Competent Authority to issue a Provisional Certificate of Recognition along with an affidavit listing out the inadequate norms and standards and the time limit, not later than three years of commencement of the Act, within which each such norm and standard shall be complied with by it.
(8)The new school which has not been granted the recognition may either file an appeal to the Director or may take such steps as to comply with the norms and standards specified in sub-rule (1), and apply afresh for subsequent academic years.
(9)The existing school which fail to conform to the norms and standards specified in sub-rule (1), after three years from the commencement of the Act or violates any conditions of the Provisional Certificate of Recognition, shall cease to function. Every school, other than a school established, owned or controlled by the State Government or local authority established after the commencement of this Act shall conform to the norms and standards specified in sub rule (1).Explanation. - For the purpose of this Rule, "Existing Schools" means the school which has been issued recognition under The Gujarat Primary Education Act, 1947 (Bom. LXX of 1947) and such recognition is continuing.