Section 12 in Right of children to Free and compulsory Education Rules, 2011
12. School Management Committee.
(1)A School Management Committee shall be constituted in every school, other than an unaided school, within its jurisdiction, within six month of the publication of the rules and reconstituted every two years.(2)(a)The committee shall be 18 members committee for the middle school. Of them minimum three fourth member shall be the elected representatives. The head teacher or the senior most teacher and senior most female teacher of the school shall be members of the committee. The head teacher or the senior most teacher shall be ex- officio member secretary of the committee.(b)In the primary school member shall be selected as follows-(i)mother and father of guardian of each of such child who has secured highest percentage of marks in the annual examination of the preceding academic in class I,II,III and IV;(ii)mother and father or guardian of child one each belonging to scheduled castes, scheduled tribes and other backward in their respective category in the annual examination of the preceding academic session in classes I to IV;(iii)Councillor of the ward in urban areas and panch of the ward in rural areas, where the school is situated;(iv)one woman councillor nominated by Mayor/ Chairperson of the urban local body in urban areas and one woman panch nominated by Sarpanch of the Gram Panchayat in rural areas where the school is situated;(v)head teacher or the senior most teacher and senior most female teacher of the school;(c)In middle school members will be selected as follows-(i)Mother and father or guardian of each of such child who has secured highest marks in the annual examination of the preceding academic session in class V,VI and VII;(ii)Mother and father or guardian of child one each belonging to scheduled castes, scheduled tribes and other backward classes categories who has secured highest percentage of marks in their(iii)Councillor of the ward in urban areas and panch of the ward in rural areas, where the school is situated;(iv)One woman councillor nominated by Mayor/ Chairperson of the urban local body in urban areas and one woman panch nominated by sarpanch of the Gram Panchayat in rural area where the school is situated;(v)Head teacher or the senior most teacher and senior female teacher of the school.(3)There shall be a Chairperson of the committee.(4)The Chairperson shall be elected from amongst the members of the committee:Provided that elected representatives, Councillor / Panch and the teacher including head teacher or the senior most teacher shall not be eligible for participating in election nor they shall have any voting right.(5)The school Management Committee shall meet at least once once month and the minutes and decisions of the meeting shall be properly recorded. In absence of the Chairperson, member of the committee shall elect one of them to chair the meeting of the committee.(6)The committee may invite person/ person, from the neighborhood, if services of such person/ persons are useful for school development.(7)The School Management Committee shall, in addition to the function specified in clauses (a) to (d) of sub-section (2) of section 21 perform the following functions, for which it may constitute smaller working groups from amongst its members;(a)communicate in simple and creative ways to the population in the limit of the school, the rights of child as enunciated in the Act; as also the duties of the State Government, local authority, school, parent and guardian;(b)ensure the implementation of clauses (a) and (e) of section 24 and section 28,(c)monitor that teacher are not burdened with non academic duties other than those specified in section 27;(d)ensure the enrolment and continued attendance of all the children from the limit of neighborhood in the school;(e)monitor the maintenance of the norm and standards prescribed in the schedule of the Act;(f)bring to the notice of the 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 section 3(2);(g)identify the needs, prepare a plan, and monitor the implementation of the provisions of section 4;(h)monitor the identification and enrolment , and facilities for learning of disabled children and ensure completion of their elementary education;(i)monitor the implementation of the mid-day meal in the school;(j)prepare an annual account of receipts and expenditure or the school;(k)monitor regularity and punctuality of the teacher of the school.(8)[ (i) An elected member/vice-chairperson/chairperson from parents or guardians of the committee shall be removed from the office on complaints of his/her unbecoming behaviour, moral turpitude, non performance of duty, involvement in any criminal activity by the sub divisional officer of the revenue sub-division of the district:Provided that the member shall not be removed from office without giving him/her reasonable opportunity of being heard.(ii)Chairperson of the committee shall be removed from the office on complaint of his/her absence in two consecutive meeting of the committee by the Sub Divisional Officer of the revenue sub division of the district:Provided that the chairperson shall not be removed from office without giving him/her reasonable opportunity of hearing.(iii)The person aggrieved by the order of the Sub-Divisional Officer may file appeal to the Collector within 45 days from the date of such order. The Collector may condone delay in submitting the application of appeal if he/she is satisfied with the reasons of delay. The order of the Collector shall be final.]
