Section 11 in Right of children to Free and compulsory Education Rules, 2011
11. School recognition.
(1)Every school, other than a school established ,owned or controlled by the central Government, the State Government or the local authority, established before or after the commencement of the Act for imparting elementary education shall make an application in From-1 appended to these rules within a period of four months after the publication of the rules to the rules to the District Education Officer, who shall be designated authority to issue certificate of recognition to the school under section 18. The application shall also have details of the limit of neighborhood of the school that shall be covered under the provision of clause (c) of sub- section (1) of section 12. The application addressed to the District Education Officer in a manner as determined by Commissioner, Raj Shiksha Kendra. The school shall furnish information in the electronic form on the website maintained for the purpose so that the school information is available for the public.(2)The Block Elementary Education Officer shall verify the information submitted by the school in the application form and send the application form in original along with his report to the District Education Officer for consideration within fifteen days of the receipt of the application.(3)The District Education Officer may inspect of may cause to inspect the school to verify if the school seeking recognition fulfills the norms and standards prescribed under section 19. The District Education Officer and the inspecting authority, if it is other than the District Education Officer, shall have power to seek information relevant the grant of the recognition and to make inspection of the records to verify the information submitted in the application form for seeking recognition.(4)(a)The District Education Officer on being satisfied that the school fulfills the norms and standards prescribed under section 19 shall issue the recognition certificate in From-2 appended to these rules. The certificate shall be for a period of three years and shall be issued within 45 days from the date of making application for recognition. The certificate of recognition shall be section to following condition:-(i)the school shall have to maintain norms and standards specified under section 19;(ii)the school shall give admission to a minimum of 25% in class I for the children of disadvantage group and children of weaker section from the limit of neighborhood. In case the school is aided school it shall provide free the compulsory elementary education to such proportion of children admitted there in as it annual recurring aid or grants so received bears to its annual recurring expenses, subject to a minimum of twenty-five per cent:Provided that where a school imparts preschool education, the provision of clause (a) to (c) of sub section (1) of section 12 shall apply for admission to preschool;(iii)the school shall set up fire extinguisher and other fire security arrangements as pre norms specified under the National Building Code of India-Part 4;(iv)the school is open to inspection by any officer authority by the State Government/local authority;(v)the school shall furnish such reports and information as may be required by the State Government Commissioner, Rajya Shiksha Kendra and District Education Officer from time to time and comply with such instructions of the State 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 school to meet the provisions of the Act;(vi)the school shall notify fee to be charged from the children every year in such manner as directed by Commissioner, Rajya Shiksha Kendra before the commencement of academic session. It will also intimate the fee to the District Education Officer before the beginning of academic session;(vii)the recognition shall be withdrawn in case of violation of the terms and conditions of recognition.(b)The school shall have to make an application for renewal of certification of recognition at least 45 days before the expiry of period of recognition in manner prescribed in sub-rule (1). On receipt of such application, the District Education Officer may renew the school recognition for another 3 years after following the process laid down in sub-rule (2) and (3).(5)If a school established before the commencement of the Act does not fulfill the norms and standards specified in the Schedule of the Act, the District Education Officer shall issue a provisional certificate granting permission to run the school for a period up to three years from the date of commencement of the Act. The provisional certificate shall be issued in Form-3 appended to these rules;Provided that if the school fulfills the required norm and standards within the time frame specified in the provisional certificate, the certificate issuing authority, on receipt of application for recognition as laid down under sub-rule (4):Provided further that if the school does not claim further recognition within the period specified in the provisional certificate, it shall cease to be a recognized school and running of such a school shall be punishable under section 18.(6)No new school shall be opened after the commencement of the Act without obtaining recognition certificate issued under section 18.(7)Where a school contravenes the conditions of the recognition of any provisions of the Act, the authority issuing the certificate of recognition shall issue show case notice to the school specifying the violations of conditions of grant of recognition. The school shall be given at least one month time to file the reply. In case the explanation is not found to be satisfactory or no explanation is received within the stipulated time period, the District Education Officer may case an inspection of the school, to be conducted by a committee of three to five members comprising of educationalists civil society representatives, media and Government representatives, which shall make due enquiry and submit report, along with its recommendations for continuation of recognition or its withdrawal to the District Education Officer. On receipt of the report and recommendation of the committee the District Education Officer may pass order for withdrawal of recognition:Provided that no order for withdrawal of recognition shall be passed by the District Education Officer without giving the school adequate opportunity of being heard:Provided further that no such order shall be passed by the District Education Officer without prior approval of the School Education Department of State Government.(8)The order of withdrawal of recognition passed by the District Education Officer shall be operative from immediate succeeding academic year and shall specify the neighborhood school to which the children of the that school shall be admitted.(9)Information of recognition of any school shall be sent to the local authority i.e. to the urban local body in case school is situated in the urban area and to the Gram Panchayat and Janpad Panchayat in case the school is situated in the rural area.
