Section 5 in Right of Children to Free and Compulsory Education Rules, 2012
5. Opening of new Elementary Schools or take over a private school.
(1)A district primary education committee constituted under sub-section (1) of section 3 of the Bombay Primary Education Act, 1947 and the Gujarat Panchayats Act, 1993 and Municipal School Board Constituted under sub-section (2) of section 3 of the Bombay Primary Education Act, 1947, with the previous sanction of the Director or an officer authorized by him in this behalf, shall, wherever necessary, open a new elementary school or take over a private school or incur additional expenditure on Elementary School maintained by it.(2)The areas or limits of neighbourhood within which a school has to be established by the State Government shall be as under -(a)In respect of children in classes I - V, a school shall be established within a walking distance of one km of the neighbourhood.(b)In respect of children in classes VI - VIII, a school shall be established within a walking distance of 3 km of the neighbourhood.(3)The Elementary Education Schools in the State of Gujarat shall be either from class-I-V or VI to VUI or I-VIII and State Government shall modify the existing schools to conform to this structure.(4)In areas 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 State Government/Local Authority shall locate the school in such a manner as to avoid such dangers, by reducing the limits specified under sub-rule (2).(5)The limit specified in sub rule (2) can be relaxed in those case where the transport facility or residential facility for students is available.(6)In areas with high population density, the State Government/local authority may consider establishment of more than one neighbourhood school, having regard to the number of children in admissible age groups in such areas.(7)The Local Authority shall identify the neighbourhood school(s) where children can be admitted and make such information public for each habitation within its jurisdiction.(8)The State Government/Local Authority shall ensure that access of children to the school is not hindered on account of social and cultural factors.Chapter -III Duties of State Government and Local Authority
