How to file a complaint against Police Officer

The Supreme Court, in 2006, had passed a landmark judgment directing all state governments and the Union government to reform the way police forces function all over the country. One of the directives was that police complaints authorities (PCAs) should be set up in all states. The intention was to make the police accountable for their actions.

The court directed the setting up of both state level and district level police complaints authorities so that they would be easily accessible for all. This was to ensure that complaints against officers of the rank of Superintendent of Police and above could be made to the state PCA and complaints against officers of and below the rank of Deputy Superintendent of Police could be made to the district level PCA. This was also to ensure that people living all over a state would have easier access to a complaints body without having to travel to the state capital.

This is a redressal mechanism that exists; only that few people know about it. Worse, only 18 states have established PCAs through legislation or government orders: Assam, Arunachal Pradesh, Jharkhand, Meghalaya, Bihar, Chhattisgarh, Goa, Gujarat, Haryana, Himachal Pradesh, Kerala, Maharashtra, Rajasthan, Sikkim, Tripura, Orissa, Punjab and Uttarakhand.

According to the Commonwealth Human Rights Initiative (CHRI), none of the state governments that have set up PCAs have complied with the court’s directive in its entirety. So, most PCAs suffer from a number of deficiencies including reduced powers, limited mandates and inadequate funding. Nevertheless, where they do exist, these PCAs provide an additional recourse for persons affected by police misconduct. Their structure and composition to some extent makes them independent, though not totally so. Moreover, unlike other commissions, they exist solely to look at complaints against the police and have no other mandate.

What can you complain about:
You can complain about any serious misconduct by the police to the state PCA. Serious misconduct is any act or omission by a police officer that leads to or amounts to:

• death in police custody;
• grievous hurt sustained whilst in custody; and
• rape in police custody.

If a district PCA exists in your area, you can complain to them for the above cases as well as cases of:

• Extortion by a police officer;
• Land/ house grabbing by a police officer; and
• Any incident involving serious abuse of authority by a police officer.

Who can lodge a complaint:
In most cases, the PCA can enquire into allegations of serious misconduct against the police on its own or when it receives a complaint from:

• A victim or a person complaining on his behalf; this could be a friend or a family member;
• Any person who has witnessed any misconduct being committed by the police; and/or
• Any other source.

How you can file a complaint:
A person wishing to file a complaint with the Authority should first contact the PCA office to obtain the prescribed format if any. Till date, with the exception of Orissa11, none of the authorities that are functioning have specified any particular format. A sample template form is included in Annex III of this booklet. The person can put the complaint in writing and send it by post or fax or submit it in person. The complaint should be made as soon as possible after the incident. The complaint should be in writing and must include:

• Your Name;
• Your Address; and
• Your Contact details/ Phone numbers.

You then need to say:

• What happened;
• When it happened;
• Who you are complaining about, which includes the name and designation of the police officer;
• What was said or done;
• Whether anyone else was there whilst the incident happened (witnesses) and how to contact them (if you know this); and
• If you were hurt or if anything got damaged.

Some important and relevant documents which will add weight to your complaint can be attached along with the complaint. These documents can be:

• Medical report or any certificate issued by a doctor disclosing the nature of injuries;
• Photographs showing injuries;
• Any prior complaints lodged before the police or any other forum and evidence which shows that no steps have been taken on these complaints;
• Proof of daily diary entry (DDE); and
• Any other evidence

If you hand deliver your complaint, keep a copy of the complaint and the papers you have submitted, as well as a date stamped receipt with you as a record. If you send your complaint by registered post, always ensure to send it by registered post AD. The acknowledgment received will give you proof of your application being sent and received by the Authority.

What happens to the complaint:
For the purpose of the examination of the complaint/witnesses, the Authority has all the powers of a civil court which include:
a) Summoning and enforcing the attendance of any person and examining him under oath;
b) Requiring the discovery and production of any public document;
c) Receiving evidence on affidavit;
d) Requisitioning any public record or copy thereof from any court or office;and
e) Any other matter which may be prescribed.

What can the Authority do:
After a careful review of all the evidence obtained during the investigation, the Authority will deliver a written order. It could be dismissal of the complaint on the following grounds:

• The complaint fails to meet the mandate of the Authority;
• Litigation regarding the subject matter of the complaint is already pending in a court of law; and/or
• There is insufficient evidence to support the complaint.

If, on the other hand, the enquiry establishes the misconduct of the police officer involved, the Authority shall make recommendations to the concerned Authority or the state government that:

• Internal disciplinary proceedings be initiated against the police officer if he is found in breach of discipline or when an offence is made out;
• An FIR be registered if the police officer is found to have committed an offence; and
• Any other recommendation according to the facts and circumstances of the case.

In some cases, an FIR and disciplinary enquiry may both be ordered if required.

What of you don’t get a fair hearing:
At any stage during the proceedings before the PCA, if:

• any of the parties (the Respondent or Complainant) feel that they have not got a fair hearing based on principles of natural justice; and/or
• a decision is reached which negates the principles of natural justice,

The party concerned may seek a review of the hearing and/or decision by invoking the writ jurisdiction of the High Courts under Article 226 of the Constitution of India. The principles of natural justice include the notion of procedural fairness and may incorporate the following guidelines:

• A person who makes a decision should be unbiased and act in good faith. He therefore cannot have an interest in the case or the outcome;
• The person who is likely to be affected must be notified of the charge against him/her;
• Proceedings should be conducted so they are fair to all the parties – expressed in the Latin maxim audi alteram partem: “let the other side be heard”; and
• The parties have a right to a “reasoned judgement”- the deciding Authority should give the logic behind arriving at a decision.

If none of these remedies work, you can file a writ petition in the High Court of your state asking it to direct the police to register an FIR.

The other “allied institutions” which can be approached, wherever applicable, are:

• National or State Human Rights Commission;
• National Commission for Women; and
• National Commission for Minorities.

RTE Main Provisions Letter to Commissioner Ele-Education 31-03-2011

http://rajssa.nic.in/RTE/27.pdf
http://rajssa.nic.in/RTE/29.pdfhttp://rajssa.nic.in/RTE/30.pdf
http://rajssa.nic.in/RTE/26.pdf
http://rajssa.nic.in/RTE/24.pdf
http://rajssa.nic.in/RTE/1.pdf
http://rajssa.nic.in/RTE/28.pdf

Rajasthan Cabinet OK's draft of 'Rajasthan Right of Children to Free and Compulsory Education'

Jaipur, Tue Mar 22 2011, 17:04 hrs
Rajasthan Cabinet OK's draft of 'Rajasthan Right of Children to Free and Compulsory Education'

The draft of 'Rajasthan Right of Children to Free and Compulsory Education Rules 2011' (RTE Rules 2011), meant for implementation of the Centre's Right of Children to Free and Compulsory Education Act 2009, was today approved by the State Cabinet.

Chief Minister Ashok Gehlot chaired a meeting in which the Cabinet gave approval to the draft. The rules have been made for the implementation of Government's Right of Children to Free and Compulsory Education Act 2009, an official said.

Under these rules, provisions have been made to open primary schools within every one kilometre and upper primary schools within every two kilometres.

Provision has also been made so that all private schools, both government aided and unaided, will have to give admission to at least 25 per cent of their seats to students belonging to the weaker sections and no fee would be charged from them, he said.

Rajasthan government would constitute a State Advisory Council under the chairmanship of the Education Minister for protecting child rights, the official said.

In the meeting, approval was also given to the directives of Energy Conservation Building Code (ECBC) and the State Litigation Policy which would ensure efficient and effective execution of the litigation and quality improvement, he added.


http://www.indianexpress.com/news/rajasthan-cabinet-oks-draft-of-rajasthan-right-of-children-to-free-and-compulsory-education/765860/

Complaint letter to the police commissioner, complaining against the ‘goondas’ that haunt your area.

To,

The police Commissioner,

Zone Name

Address

Sir,

This is to draw your kind attention to a number of lawless activi­ties going on in our area. Hardly a day goes when an incident of theft or chain-snatching does not take place. Illicit liquor is openly sold and bought. Drunken fights and night brawls are quite com­mon. Groups of hooligans and loafers can be seen loitering about in the streets.

People of Gandhi Nagar are very frightened. There is a growing feeling of insecurity among them. So immediate steps should be taken to improve the situation.

Thanking you,

TRY SEC 80 OF CIVIL PROCEDURE CODE FOR RTI

 TRY SEC 80 OF CIVIL PROCEDURE CODE FOR RTI

Section 80 of Civil Procedure Code 1908 states as under:

“80. Notice— [54][(1)][55][Save as otherwise provided in sub-section (2), no suits shall be instituted against the Government (including the Government of the State of Jammu & Kashmir) or against a public officer in respect of any act purporting to be done by such officer in his official capacity, until the expiration of two months next after notice in writing has been delivered to, or left at the office of—

(a) in the case of a suit against the Central Government, except where it relates to a railway, a Secretary to that Government;

(b) in the case of a suit against the Central Government where it relates to railway, the General Manager of that railway;

(bb) in the case of a suit against the Government of the State of Jammu and Kashmir the Chief Secretary to that Government or any other officer authorised by that Government in this behalf;

(c) in the case of a suit against any other State Government, a Secretary to that Government or the Collector of the district;

and, in the case of a public officer, delivered to him or left at this office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left.”

Thus it is mandatory that such a notice should be issued to Secretary of Ministry or Department overseeing public authority from whom you have failed to get proper information under RTI Act.

This notice can be used as an added avenue, especially because second appeals and complaints to CIC/SICs are taking too long a period. Consumer forums and National/State Human Rights Commissions also take one to two years to decide. Reference to Secretary may sensitize him, head of public authority and PIO/FAA to respond. I am attaching format of notice which can be used with changes to suit your case.

_______________________________________________________________________




From:
Name:
Address:
Cell No.
Email ID
____________________________________________________________________

Date: __________                                              

by  Regd or speed ad post & email

To,
Secretary,
_________________Ministry [ for central govt.] OR

_________________ Department [ for state govt.]

______________________


Dear Sir,

Subject:  NOTICE UNDER SEC 80 OF Civil Procedure Code 1908

I had sought certain information from PIO of public authority falling under your ministry / department; under The Right to Information Act 2005 vide my RTI application dated __________ [copy enclosed with proof of mailing or receipt].

02. I have not received reply from PIO within period mandated in RTI Act.

OR

Since I did not get reply within stipulated time I filed first appeal dated ______. Copy of appeal is enclosed with proof of its mailing or receipt.

OR

I have received reply vide letter No. __________ dated ______ [copy attached] and it has following deficiencies:

A] Reply is delayed beyond stipulated time limit under RTI Act

B]

C]

03. The foregoing amounts to breach of my rights under RTI Act. This also leads to violation of Fundamental Rights, Human Rights as defined by United Nations Declaration and Consumer Rights under Consumer Protection Act. This situation has given rise to cause of action for legal action against head of concerned public authority, its PIO [and First Appellate Authority].

04. For your ready reference, I quote from judgement dated 02-08-2005 of Hon’ble Supreme Court of India in Writ Petition (civil) 496 of 2002 -Salem Advocate Bar Association, Tamil Nadu v/s Union of India, as under:

           
                “Having regard to the existing state of affairs, we direct all Governments, Central or State or other authorities concerned that whenever any notice is received by them, they have to ensure that replies to notices are sent within the period stipulated time. The replies shall be sent after due application of mind. Despite this, if the court finds that either the notice has not been replied to or the reply is evasive and vague and has been sent without proper application of mind, the court shall ordinarily award heavy costs against the Government and direct it to take appropriate action against the officer concerned including recovery of costs from him.”

            “Every public authority shall appoint an officer responsible to take appropriate action on a notice issued under S.80 of the Code of Civil Procedure. Every such officer shall take appropriate action on receipt of such notice. If the Court finds that the concerned officer, on receipt of the notice, failed to take necessary action or was negligent in taking the necessary steps, the Court shall hold such officer responsible and recommend appropriate disciplinary action by the concerned authority.”

05. Before I proceed further, I request you to kindly supply or cause to be supplied complete, correct and relevant information sought by me immediately and also order payment of an amount of Rs.50000/-[Rs. fifty thousand only], towards damages, compensation, cost, inconvenience, mental agony and tension and breach of my fundamental rights under article 19.1.a of Constitution of India and human rights; latest within 60 days from the date of receipt of this notice by you.

06. If I do not receive satisfactory reply to my above mentioned queries within a specified time of two months from the date of receipt of this notice by you, it will be construed by me as contempt of court and may be proceeded against in a Court of Law.

07.In addition to above, I request you to please order departmental action under service rules against erring officers of concerned public authority for defiance of law, dereliction of duties and infringement of aforesaid rights of a common Indian,  under advice to me.

08. As Secretary of Ministry / Department, you should not tolerate such bluntant violation of laws passed by Parliament, which will again amount to abetment of violation of laws of the country and rule of law on your part.

09. Please note that this notice is without prejudice to writ which I may file in Hon’ble High Court under article 226 of the Constitution for violation of my fundamental rights.

10. I also quote for your information:

a. In Lucknow Development Authority V/S M .K. Gupta the Apex Court held that when public servants by malafide, oppressive and capricious acts in performance of official duty causes injustice harassment and agony to common man, renders the State or its instrumentality liable to pay damages to the person aggrieved. And the State or its instrumentality is duty bound to recover the amount of compensation so paid from the public servant concerned. (1994) 1 SCC 24,

b. “If   civilization   is   not   to   perish   in   this   country   as   it   has perished in some others too well known to suffer mention, it is  necessary   to  educate  ourselves   into  accepting  that,  respect   for   the   rights   of   individuals   is   the   true   bastion   of   democracy.   Therefore, the State must repair the damage done by its officers to   the   petitioner's   rights.   It   may   have   recourse   against   those officers."-  Hon’ble Supreme Court in Rudul Sah v. State of Bihar (1983) 4 SCC 141.


Yours faithfully,


[ __________]

Encls: as above

Copies by post and email [if any] to:

1. Head of Public Authority and his address

2. PIO and his address

3. First Appellate Authority [ if first appeal is filed] & his address

FORMAT FIRST APPEAL IF NO REPLY IS RECEIVED IN STIPULATED TIME LIMIT

From:
Address:
Phone/Cell No.:


________________________________________________________________

Date: _________ By post and email


To,
__________ {Designation of FAA under RTI Act},

Name of public authority/office ____________

Address: ______________________________

Dear Sir,

Subject: First Appeal under RTI Act 2005

I had submitted enclosed RTI application dated ______ by registered /speed post / in person. I have not received reply from C/PIO within stipulated time, despite lapse of stipulated time limit under the act. Thus RTI Act 2005 is violated by C/PIO.

I humbly file this appeal for your kind decision any pray as under:

1. Please provide or order supply of information sought by me.

2. Please initiate disciplinary action under service rules against Asstt C/PIO or C/PIO or deemed C/PIO for violation of law passed by Parliament.

I quote following decisions in your own interest:

No. CIC/SG/A/2010/001352/8407 dated 05-07-2010
No.CIC/SG/A/2010/000085/6895Adjunct dated 05-07-2010
No. CIC/AT/A/2008/00290 dated 17-07-2008
No.CIC/AD/A/2010/000952 dated August 18, 2010
No. CIC/AT/A/2010/000451 dated, the 18-11- 2010 [SBI]
No. CIC/DS/A/2011/000220 dated 12-05-2011
and office memorandum No. 10/23/2007-IR dated 09-07-2007 of DoPT, Govt of India, New Delhi.

Yours faithfully,

______________

Encls: Self attested RTI application with its enclosures.

Non-compliance of orders of First Appellate Authority by C/PIO

From:
Address:
Cell No.


Date: ________ By regd ad post and email

To, [mention name if know to you]
____________ [Designation] &
First Appellate Authority under RTI Act
Name of public authority ____________
Address: _____________________
Email ID [if any]

Dear Sir,

Subject: First Appeal dated _______--Non compliance by C/PIO

I thank you for your decision No. ________ dated ______[copy enclosed] on my captioned appeal relating to my RTI application dated _______, ordering release of information by C/PIO.

2. I regret to inform you that concerned C/PIO [mention name if you know it] has not yet complied with your orders and continue to evade supply of information. This act of omission and commission by C/PIO amounts to gross misconduct under service rules of your organization, in addition to transgression of duties enjoined on CPIO under RTI Act 2005. It also violates my rights as consumer under The Consumer Protection Act 1986.

3. I therefore humbly request you to kindly:

a. Use your authority to ensure that your lawful and reasonable orders are sincerely and faithfully obeyed by C/PIO.

b. Initiate or recommend departmental / disciplinary action against C/PIO for flouting your orders as senior officer to C/PIO.

c. Ensure that requested information is supplied by C/PIO immediately.

4. I am sure C/PIO and you will not compel me to invoke The Consumer Protection Act 1986. I may add that I am a consumer under this act as decided by National Consumer Disputes Redressal Commission, New Delhi on 28-05-2009 in Revision Petition Nr. 1975 OF 2005. Dist. Consumer Fora at Nagpur, Vijaynagaram and Coimbatore have ordered release of information and compensation to RTI applicants under said act. Guntur A.P. Dist Consumer Forum ordered release of information and granted compensation and expenses on 07-01-2011 and when PIO and FAA did not comply with its orders Forum issued warrants to arrest two senior officers of State Govt. [one of director rank].

Yours faithfully,
_________________

Encl: 1
Copies to:

1. CPIO,

2. Head of public authority– for necessary administrative action please.

Format for RTI Application for Central Govt Recruitment:

To,
Central Public Information Officer
Name of recruiting dept/organization________________
Address: _____________
_______________________


1. Name of the Applicant: ____________

2. Full Address: _____________

Mobile No: ___________________

3. Particulars of information required:

I had appeared in written test for recruitment for the post of ______ conducted in the month of _______, as per enclosed photocopy of hall ticket dated __________ . My roll No. was ________.

And/Or

I appeared for interview at ________ place on _______ as per enclosed copy of call letter dated _________@

In this connection please provide me following papers and information:

3.1 Paper-wise marks obtained by me in written test.

3.2 Certified copies of evaluated answer sheets.

3.3 Cut of marks in written test up to which candidates were called for interview.

3.4 Details of marks obtained in interview by me.@

3.5 Cut off total marks [written test + interview] obtained by the last candidate who is declared successful.@

3.6 Certified copy of merit list prepared for appointment.

3.7 Serial number in merit list up to which candidates have been actually appointed.

3.8 Number of candidates who have joined as on date of this application.

3.9 Certified extract from service rules which provide for action and punishment to your employees for defying rules and laws enacted by Parliament/State assembly.

[@delete if not called for interview ]

4. Payment of filing fee:

Postal Order No. _____________for Rs.10/- is enclosed. Since I could not locate exact name of payee etc I am enclosing blank postal order with a request to fill in the details u/s 5.3 of RTI Act 2005.

5. Please rush the information to me by speed/registered post. I am an Indian citizen. Please reply in English.

6. Please refer relevant decisions No. CIC/SM/A/2009/001877AT dated 18-11-2010 [against SBI], No. CIC/SM/A/2009/001342 dated 30-06-2010, CIC/SM/A/2010/000903 dated 08-04-2011 and No. CIC/AD/C/2010/001216 dated 27-01-2011 of Central Information Commission New Delhi. Please also refer judgement dated 30-08-2010 of Hon’ble HIGH COURT OF KERALA AT ERNAKULAM in WP(C).No. 6532 of 2006(C).


Signature of Applicant: _____________

Encl: a/a

WHISTLEBLOWERS' PROTECTION LAW

Deputy Secretary (V-Ill),
Department of Personnel and Training,
Room No. 10-8/11, North Block,
New Delhi-110001.

Respected Sir,

Subject: The Public lnterest Disclosure and Protection to Persons Making the Disclosure Bill. 2010.

I refer to OM Nr. P.N0.37112212007-AVD.111 dated 27-08-2010 and humbly append below my views/suggestions:

1. Reliability, credibility and integrity of public servants in the perception of common man [including govt. employees] is so low, that hardly any one will rely on true intention and capability of CVC or SVC [competent authority] to keep names of complainants secret at all times. These officers and their immediate assistants may unofficially leak the name and address of the whistle blower, which may cost life of whistle blowers. General public knows that govt. officers give way through money or political pressure. Even senior govt. officers cannot withstand political pressure. Hence the proposed bill will not generate positive participation from public or other govt. officers, who care for their lives.

2. There is provision to penalize complainant for frivolous complaints. For a common man and small govt. officers/employees, it is not possible to documentarily prove corruption or misdeeds of senior officers or politicians. He can only give rough information about misdeeds in the organization. If he uses RTI to unravel, his name becomes public in the organization before he gets protection. In case if enquiry officer of CVC/SVC does not [or do not intend to] get all the proofs beyond doubts on paper to prove allegations, the complainant will be in soup, for frivolous complaint. Why one should get involved in punishment etc while trying to do public good? This provision needs to be deleted.

3. Penalising CVC/SVC or other officer for breach of this act will be a near impossible task during service or life time of the officer. Mostly no documentary evidence will be available to nail down leaking officer or CVC/SVC.

4. CVC/SVC has to rely on state police for ensuring protection of whistle blower. Public knows state of affairs of state police. The very fact, that police protection is provided to an officer in an organization at the instance of CVC/SVC, will make his identity open directly or through police. Then, any investigation by CVC/SVC will be attributed to such police-protected whistle blower, risking his life.

5. When crores of rupees are leaking from govt. vaults daily and hardly any one is pulled up, I doubt how this act will infuse confidence in whistle blowers that their details will not leak out from govt. records. It appears that this legislation is just an eye-wash to Indian public and international community to show that govt. is serious about corruption and wrong doings in governance. There will be few takers of this act.

6. There is provision in the proposed act that CVC/SVC will counter check name and address etc of the complainant, before acting on it. Thus the govt. wants to be sure that complainant is a genuine gentleman and that he has honestly supplied his name and address. CVC/SVC may also start calling the complainant to CVC/SVC office for checking his veracity through pan card/election card/telephone bill and cross examining him for complaining. This is like torturing the accuser before looking for the accused, as happens in police stations.

7. There is every likelihood that accused officer under this act will blame the whistle blower himself for having knowingly or negligently revealed his own identity, when some harm is done to whistle blower.

8. I humbly suggest that whistle blowers should be encouraged to lodge anonymous complaints by post or emails. [emails can be tracked back, but it is not easy]. The same may be enquired upon by CVC/SVC and if no substance is found, the same may be filed out for future reference. If there is some substance indicative of corruption or wrong doings, a full fledged investigation may be ordered. Normally whistle blower will try to anonymously supply more proofs to substantiate complaint. He would be tracking progress of investigation through his channels in office. Resources which will be used for ensuring safety of whistle blowers, can be better utilized for preliminary enquiries of anonymous complaints. This system will encourage more whistle blowers to ‘shout’ silently, for containing corruption and wrongs in governance. He will himself guarantee his safety through anonymity of his identity, while helping the country in exposing misdeeds of govt. offices.

9. In fact, the rule that anonymous complaints should not be entertained by CVC/SVC/Lokayukta/other govt. offices is one of the biggest facilitator of corruption and misdeeds in govt. offices. This clause guarantees safety to wrong doers, at the cost of life of whistle blowers who state their true name and address in complaints. It would be interesting to find out how name and address of complainant will make any difference to gravity and veracity of contents of complaint. There is no justification on the part of govt. to risk life of whistle blowers by knowing their names and addresses. Govt. should be more concerned about contents of complaint.

10. If anonymous complaints are also being looked into by Govt., it will act as a deterrent to corrupt officers/politicians and other wrong doers, to some extent. Public has wealth of information which can be developed to contain corruption. Common man has first hand experience of corruption in govt. offices. However they do not want to share at the cost of harassment or life from politicians and high ranking officers of govt.

Thanking you for seeking views and suggestions of public on legislation and ensuring public participation in our democracy.

Yours faithfully,

R. S. Gadegawnlia

RTI AND INDIAN PENAL CODE

I am appending below sections 217 & 218 of Indian Penal Code 1860, which an RTI applicant/appellant or complainant can invoke in deserving cases against PIO, FAA OR INFORMATION COMMISSIONER. Even if these sections are just enclosed with application or appeals or complaint for kind information of addressee, it will have desired effect, since most of public servants are not aware of such provisions. In addition he now knows that you know, what even he does not know !

Section: Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.

Section 217: Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.--Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will there by save, any person from legal punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.


Section: Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.

Section 218: Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.--Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will there by cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

No room for 'special kids' at top schools of Capital

Children with special needs are allegedly being turned down by some of the city's more prominent schools. In what is a clear violation of the Right of Children to Free and Compulsory Education (RTE) Act, a number of schools in the city have denied admission to these children, claiming that they lack the special infrastructure required for them.

Sources, however, said that this has become an excuse for schools to turn such children away.

A school in Vasant Vihar, known to have state-of-the-art infrastructure to teach children with special needs, has flatly denied admission.

In addition to this, despite a ban on screening parents and children, by the HRD ministry under section 13(1) of the RTE, schools are still going ahead with the screening process.

"We were called by the school authorities for a screening process with our child. They spent 10 minutes with us in which they made our child solve a puzzle," said Rachna Kumar (name changed), whose four-year-old daughter Ritika suffers from autism spectrum disorder.

"It is extremely unfair to expect her to solve a puzzle. They then told us that she was unfit to be a part of the school and asked us to take her back to her old play school, claiming that they could not cater to her needs," Kumar added.

The Kumars are just one of the many sets of parents who have been subject to this trauma. With top schools denying them admission, parents have little choice but to turn to special schools.

Despite the child having a medical clearance, inclusive education remains a distant dream for parents.

"When the final list came out, her name wasn't in there. It is surprising because the government had banned schools from screening parents under the RTE Act. Despite having submitted a certificate to them from the National Institute of Public Cooperation and Child Development, which states that she is fit for a mainstream school, our daughter was rejected," added Kumar.

Schools, however, say that there are several logistical issues, which need to be kept in mind before admitting these children.

"The child must not be in a situation where a school takes them in and they get neglected because the school can't cope with them. For example, with children who are autistic, schools may not be able to cope because it is an extremely challenging space. So schools may sometimes be apprehensive while admitting such children," said Ameeta Wattal, vice chairman, National Progressive Schools Council (NPSC).

Source Courtesy - http://www.hindustantimes.com/India-news/NewDelhi/No-room-for-speci...

Mr.Kulbhushan Dania vs Directorate Of Education,

Mr.Kulbhushan Dania vs Directorate Of Education, Gnct, ... on 26 November, 2010

CENTRAL INFORMATION COMMISSION

Club Building (Near Post Office)

Old JNU Campus, New Delhi - 110067

Tel: +91-11-26161796

Decision No. CIC/SG/A/2010/002555/10173

Appeal No. CIC/SG/A/2010/002555

Relevant Facts emerging from the Appeal:

Appellant : Mr. Kul Bhushan Dania, 18-LF, Tansen Marg, Near Bengali Market,

New Delhi- 110001

Respondent : Ms. Usha Kumari, PIO & DDE (E),

O/o Deputy Director of Education,

Directorate of Education, GNCTD,

District East, Anand Vihar,

Delhi- 110092

RTI application filed on : 17/07/2010

PIO replied on : 27/07/2010 and 01/09/2010 (After FAA's order) First Appeal filed on : 30/07/2010

First Appellate Authority order of : 27/08/2010

Second Appeal received on : 10/09/2010

Date of Notice of Hearing : 27/09/2010

Hearing Held on : 26/10/2010

The children of the Appellant namely, Vineet Dania and Swaril Dania were studying in Class XI of Mother Teresa Public School, Preet Vihar, New Delhi- 110092 (the "School"). The Principal of the School had taken an arbitrary decision to provide a stream other than Science to the Appellant's children without the consent of the Appellant.

Information sought:

The Principal of the School to provide copy of the set of records duly authenticated by the Principal pertaining to the arbitrary decision of providing streams other than Science without the consent and knowledge of the Appellant with the basis of the relevant rules/ regulations of the School/Directorate of Education, GNCTD.

Reply of the Public Information Officer (PIO):

The required information cannot be obtained from a private recognized school under the RTI Act.

Grounds for the First Appeal:

Dissatisfied with the reply of the PIO.

Order of the First Appellate Authority (FAA):

The FAA observed that complete information was not provided to the Appellant. The PIO & DDE (E) was directed to provide a revised reply to the Appellant within seven days specifying the reasons and provisions for denial of information under the RTI Act. The Appeal was disposed off. Page 1 of 4

Further to the order of the FAA, the PIO & DDE (B), by letter dated 01/09/2010, informed the Appellant that the information sought was non- existent as was evident from the status report of the complaint of the

Appellant on the said matter. As per the said status report signed by the Superintendent, O/o DDE (E), a

complaint was filed by the Appellant against the School wherein it was alleged that the Principal of the

School had provided subject stream other than Science to the children of the Appellant without the consent of the Appellant who was their lawful guardian. A meeting was called at the office of DDE (E) wherein the Principal, the Appellant and both the children were present. On investigation it was revealed that there was a dispute between the Appellant and his wife. The children stated that they had chosen the subjects as per their interests and potential and had not been forced either by the Principal or their mother. The mother of the children stated that she was the custodian of the children as per the order of the High Court and that the children had chosen the subjects with their interest and her consent. Since there was no substance in the complaint filed by the Appellant, the matter was closed under the Delhi School Education Act, 1973 (the"DSEA").

Grounds for the Second Appeal:

Dissatisfied with the information provided by the PIO.

Relevant Facts that emerged during the hearing held on October 26, 2010: The following were present:

Appellant: Mr. Kul Bhushan Dania;

Respondent: Ms. Usha Kumari, PIO & DDE (E);

"The Appellant has sought information about the actions of a private unaided school. The PIO stated that

since the School was a private unaided school, it was not a public authority and hence the RTI application

could not be transferred to it. The Appellant claimed that the department can access the information sought from the School and therefore the department must obtain the information and provide it to him. In this regard, the Appellant quoted Section 2(f) of the RTI Act and claimed that the information came within the category of "information relating to any private body which can be accessed by a public authority under any other law for the time being in force". The Appellant also relied on four decisions given by the Commission namely, CIC/WB/A/2006/00618 dated 22/08/2006, CIC/MA/A/2008/01068 and 01069 dated 26/09/2008, CIC/MA/A/2008/01117 dated 14/07/2010 and CIC/MA/A/2007/00867 dated 22/01/2008. The Appellant alsodrew the attention of the Commission to Para (II) of the Appeal in support of his contention." The decision was reserved during the hearing held on October 26, 2010.

Decision announced on 26 November 2010:

The Commission perused the four decisions submitted by the Appellant. The decisions of the Commission in S. C. Mazumder v. Survey of India, Kolkata CIC/WB/A/2006/00618 dated 22/08/2006 and Mohd. Sultan Khan v. Dept. of Posts CIC/MA/A/2007/00867 dated 22/01/2008 were irrelevant.

In Lalit Mohan Gupta v. Directorate of Education, GNCTD CIC/MA/A/2008/01068 + 01069, the information sought pertained to an unaided senior secondary school and was denied by the PIO on the basis that the said school was not a public authority under the RTI Act. Professor M. M. Ansari, Information Commissioner, by his decision dated 26/09/2008, held that all educational institutions especially those which have obtained land from the government at subsidized rates enjoyed recognition by the government, followed the guidelines for offer of various educational programmes and enjoyed affiliation to bodies such as CBSE, were necessarily performing a public function. Therefore, such institutions should be covered under the RTI Act to ensure transparency and accountability in their functioning. Therefore, the PIO was directed to seek assistance under Section 5(4) of the RTI Act from the Principal/ Deemed PIO of the concerned school and provide the information to the applicant. In other words, whether a body is performing a public function directed at

serving the larger public good, has been Page 2 of 4 used as a factor to determine whether the concerned school was a "public authority" under Section 2(h) of the RTI Act.

Section 2(h) of the RTI Act defines the term "public authority" as follows:

""public authority" means any authority or body or institution of self government established or constituted,--

(a) by or under the Constitution;

(b) by any other law made by Parliament;

(c) by any other law made by State Legislature;

(d) by notification issued or order made by the appropriate Government, and includes any-

(i) body owned, controlled or substantially financed; (ii) non-Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government;"

On a plain reading of the definition of "public authority" given above, it appears that whether a body is

performing a public function or not is not a factor to determine whether such body is a public authority. The Commission cannot read in 'public function' as a criterion to determine whether a body is a public authority or not when 'public function' has not been expressly mentioned in Section 2(h) of the RTI Act. Therefore, with due respect to the observations of Professor M. M. Ansari, Information Commissioner, this Commission differs from his observation inasmuch as whether a body performs a public function is not a criterion to decide whether it is a "public authority" under Section 2(h) of the RTI Act. In fact, there are several institutions which perform public functions such as imparting technical guidance or providing medical facilities, but they do not come within the ambit of the RTI Act as they are not public authorities. Therefore, merely by performing a public function of imparting education, an unaided or private school cannot be considered a "public authority". The term "public authority" has been specifically mentioned and defined under the RTI Act, hence this Commission has to be guided by the definition provided under the RTI Act only. However, if it can be established that a private or unaided school is owned or controlled or has received substantial financefrom the appropriate government, it would be a "public authority" as defined in the RTI Act.

The Appellant has also submitted a copy of the Commission's decision in Bindu Khanna v. Directorate of

Education, GNCTD CIC/MA/A/2008/01117 dated 14/07/2010. The issue for determination in the said case was whether a private school (the third party) can refuse to furnish information under Section 8(1)(j) of the RTI Act. On a combined reading of Sections 2(f), 2(j) and 2(n) of the RTI Act, a bench comprising of three Information Commissioners held that information which a public authority was entitled to access under any law from a private body was "information" as defined in Section 2(f) of the RTI Act and was required to be furnished. It must however be clarified that in the Bindu Khanna decision, there was no ruling whatsoever as to whether a private or unaided school was a public authority under Section 2(h) of the RTI Act.

Further, the Appellant has relied on Section 2(f) of the RTI Act, which stipulates that the term "information" brings within its ambit "information relating to any private body which can be accessed by a public authority under any other law for the time being in force". It is the contention of the Appellant that a public authority, which has control over a private body by virtue of any law for the time being in force, can access any information pertaining to that private body. In other words, the DDE, which exercised control over the School in accordance with the DSEA, could access any information pertaining to the School including various policy decisions and furnish the same to the Appellant.

Theoretically, a public authority may be able to access any information relating to a private body over which it exercises regulatory control, while carrying out an inspection/ investigation. However, Section

2(f) of the RTI Act does not envisage the same. "Information", as defined under Section 2(f) of the RTI Act, brings within its purview only that information which has been furnished by a private body to a public authority, or which can be accessed by a public authority, in accordance with what is specifically prescribed in law. The law which establishes regulatory control of a public authority over a private body usually lays down the various reports, returns, compliance documents, etc which the latter is required to furnish to the former.

This typically includes information relating to the management and regulation of the private body and is

required to be furnished to the public authority for ensuring proper functioning of the private body by the

public authority. Only such information comes within the ambit of "information relating to any private body which can be accessed by a public authority under any other law for the time being in force" under Section 2(f) of the RTI Act. For instance, under the Companies Act, 1956 both public and private companies are required to be registered with the Registrar of Companies (the "ROC"). The ROC exercises various powers over companies and such companies are required to furnish various details, reports, etc to the ROC from time to time as prescribed under the Companies Act, 1956. If the contention of the Appellant was to be accepted, then the ROC can access any information pertaining to all the companies registered with it, including private companies and provide the same to the RTI applicant. This would tantamount to giving an extremely broad interpretation to Section 2(h) of the RTI Act, which does not appear to be the intent of the legislators. Therefore, the contention of the Appellant is not accepted.

Further, it appears that in the instant case, the information as available on record has already been provided to the Appellant by the PIO vide letter dated 01/09/2010 after the order of the FAA.

In view of the aforesaid, the Appeal is disposed.

This decision is announced in open chamber.

Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of the RTI Act.

DEPARTMENT OF EDUCATION NOTIFICATION Dated: 23/11/2011.

[TO BE PUBLISHED IN PART IV OF DELHI GAZETTE EXTRA-ORDINARY]
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI
DEPARTMENT OF EDUCATION
OLD SECRETARIAT, DELHI-110054
    Dated: 23/11/2011.
NOTIFICATION
No.DE.23(462)/Sch.Br./10/ 17 - 33 ─ In exercise of the powers conferred by
section 38 of the Right of Children to Free and Compulsory Education  Act,
2009 (35 of 2009), the Lt. Governor of National Capital Territory of Delhi
hereby makes the following rules, namely :-
1. Short title, extent and commencement. ─ (1) These Rules may be called
the Delhi Right of Children to Free and Compulsory Education Rules,
2011.
(2) They shall come into force on the date of their publication in the Delhi
Gazette.
(3) They extend to the whole of the National Capital Territory of Delhi.
PART I
PRELIMINARY
2. Definitions. ─ (1) In these rules, unless the context otherwise requires, ─
(a) “Act” means the Right of Children to Free and Compulsory Education
Act, 2009 (35 of 2009);
(b) “Appointed date” means the date on which the Act comes into force, as
notified in the Official Gazette;
 (c) “Chapter”, “Section”, and “Schedule” means respectively chapter,
section and schedule to, the Act;
(d) “Director” means the Director of Education, Delhi and includes any other
officer authorised by him to perform all or any of the functions of the
Director under the Act;2
(e) “District Education Officer” means Deputy Director of Education, Delhi
who is the  incharge of any District or any other officer authorised in this
regard;
(f) “Pupil Cumulative Record” means record of the progress of the child
based on comprehensive and continuous evaluation;
(g) “School Mapping” means planning school location to overcome social
barriers and geographical distance;
 (h) “Government” means the Government of National Capital Territory of
Delhi;
(i) “Local authority” means ─ the authority notified as Local Authority.
 (j) “NCT of Delhi” means National Capital Territory of Delhi.
(2) All references to “forms” in these rules shall be construed as references to
forms set out in Appendix hereto.
(3) All other words and expressions used herein and not defined but defined in
the Act shall have the same meanings respectively assigned to them in the Act.
PART II
SCHOOL MANAGEMENT COMMITTEE
3. Composition and functions of the School Management Committee.─
(1) A School Management Committee (hereafter in this rule referred to as the
said committee) having not less than 16 members shall be constituted in every
school, other than an unaided school, within six months of the coming into force
of these rules and reconstituted every two years:
Provided that fifty percent of the members of this committee shall be
women.
Provided further that there shall be a proportionate representation of
parents/guardians of children belonging to disadvantaged group and weaker
sections.
Provided also that the committee’s role would be limited to elementary
education  level.
(2) Seventy five percent of the strength of the School Management Committee
shall be from amongst parents or guardians of children.3
(3) The remaining twenty five percent of the strength of the School
Management Committee shall be from amongst the following persons, namely :-
(a) One member of the committee shall be an elected
representative of the local authority;
(b) Head of the school shall be the member of the committee;
(c) One member of the committee shall be a teacher of the
school to be decided by the teachers of school;
(d) One member shall be a social worker involved in the field
of education.
(4)  The following teachers of school shall be included in the School
Management Committee as special invitee.
(i) One social science teacher.
(ii) One science teacher.
(iii) One mathematics teacher.
(5) To manage its affairs, the School Principal shall be the ex-officio
Chairperson of the School Management Committee. Vice Chairperson shall be
from among the parent members. The member teacher of the committee shall act
as the convenor.
(6) The said Committee shall meet at least once in two months and the minutes
and decisions of the meetings shall be properly recorded and made available to
the public.
(7) The said Committee shall, in addition to the functions specified in clauses (a)
to (d) of sub section (2) of section 21 of the Act, perform the following
functions, namely:-
(a) Communicate in simple and creative ways to the population in the
neighbourhood of the school, the right of the child as enunciated in the Act; as
also the duties of the Government , Local Authority, school, parents and
guardian;
(b) Ensure the implementation of clauses (a) and (e) of section 24 and section
28 of the Act;
(c) Monitor that teachers are not burdened with non academic duties other than
those specified in section 27 of the Act;
 (d) Ensure the enrolment and continued attendance of all the children from the
neighbourhood in the school;4
(e) Monitor the maintenance of the norms and standards specified in the
Schedule;
(f) Bring to the notice of the Government or local authority as the case may be
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) of the Act;
(g) Identify the needs, prepare a plan, and monitor the implementation of the
provisions of section 4 of the Act;
(h) Monitor the identification and enrolment of, and facilities for education of
children with disabilities and ensure their participation in, and completion of
elementary education;
(i) Monitor the implementation of the mid-day meal in the school.
(8) Money if received by the said committee for the discharge of functions under
the Act, shall be kept in a separate account, to be audited annually.
(9) The accounts referred to in sub-rule (8) should be signed by the
Chairperson/Vice Chairperson and Convenor of the School Management
Committee and made available to the authority releasing the fund within one
month of their preparation.
4. Preparation of School Development Plan. ─ (1) The School Management
Committee shall prepare a School Development Plan at least three months
before the end of the financial year in which it is first constituted under the Act.
(2) The School Development Plan shall be a three year plan comprising of three
annual sub plans.
(3) The School Development Plan shall contain the following details, namely:-
(a) estimates of class wise enrolment for each year.
(b) requirement of the number of additional teachers, including subject
teachers and part time teachers etc., separately for classes I to V and
classes VI to VIII, calculated with reference to the norms specified in the
Schedule.
(c) physical requirement of additional infrastructure and equipments,
calculated with reference to the norms and standards specified in the
Schedule.5
(d) financial requirement in respect of (b) and (c) above, including
additional requirement for providing special training facility specified in
section 4 of the Act, entitlements of children such as free text books and
uniforms, and any other additional financial requirement for fulfilling the
responsibilities of the school under the Act.
(4) The School Development Plan shall be signed by the Chairperson and Vice
Chairperson of the School Management Committee and submitted to the
Appropriate Authority before the end of the financial year in which it is
prepared.
PART III
RIGHT OF CHILDERN TO FREE AND COMPULSORY
EDUCATION
5. Special Training. ─ (1) The School Management Committee of a school
owned or managed by the Government or the local authority shall identify
children requiring special training and organise such training in the
following manner, namely:-
(a) the special training shall be based on specially designed, age
appropriate learning material, approved by the academic authority
specified in sub-section (1) of section 29 of the Act;
(b) the said training shall be provided in classes held in the premises of
the school or in classes organised in safe residential facilities;
(c) the said training shall be provided by teachers working in the
school, or by teachers specially appointed for the purpose;
(d) the duration of the said training shall be for a minimum period of
three months which may be extended, based on periodical
assessment of learning progress, for a maximum period not
exceeding two years.
 (2) The child shall, upon induction into the age appropriate class after special
training continue to receive special attention by the teacher to enable him/her to
successfully integrate with the rest of the class, academically and emotionally.
PART IV
DUTIES AND RESPONSIBILITIES OF GOVERNMENT AND LOCAL
AUTHORITY
6. Areas or limits of neighbourhood. ─ (1) The areas or limits of
neighbourhood within which a school has to be established in NCT of Delhi
shall be as under :-6
(a) in respect of children in classes I to V, a school shall be established as
far as possible within a radial distance of one  km. from the residence
of the child;
(b) in respect of children in classes VI to VIII, a school shall be
established, as far as possible, within a radial distance of three km.
from the residence of the child.
(2) Wherever required, the Government may upgrade existing schools with
classes I-V to include classes VI-VIII. In respect of schools which start from
class VI onwards the Government may endeavour to add classes I to V,
wherever required. The Government may issue directions from time to time
to the local authority for up gradation of schools.
(3) In the areas having high population density, the Government or the Local
Authority may consider establishment of more than one neighbourhood
school, having regard to the number of children in the age group of 6-14
years in such places.
(4) The Government/ Local Authority shall identify the neighbourhood
school (s) where children can be admitted and make such information public
for each habitation within its jurisdiction.
(5) In respect of children with disabilities which prevent them from accessing
the school, the Government or the Local Authority as the case may be shall
make appropriate and free transportation arrangements to enable them to
attend school and complete elementary education.
(6) The Government or the Local Authority shall ensure that access of
children to the school is not hindered on account of social and cultural
factors.
7. Academic responsibility of the State Government. ─ The Government
shall notify an academic authority for developing the curriculum and
evaluation procedure for elementary education.
8. Responsibility of Government and Local Authority. ─ (1) A child
attending a school of the Government or local authority referred to in subclause (i) of clause (n) of section 2, a child attending a school referred to in
sub-clause (ii) of clause (n) of section 2 in pursuance of clause (b) of subsection (1) of section 12 and a child attending a school referred to in subclauses (iii) and (iv) of clause (n) of section 2 in pursuance of clause (c) of
sub section (1) of section 12 shall be entitled to free text books, writing
material and uniform:7
Provided that a child with disabilities shall also be provided free special
learning and support material.
Explanation:  In respect of the child admitted in pursuance of clause (b) of
sub section (1) of section 12 and a child admitted in pursuance of clause (c)
of sub-section (1) of section 12, the responsibility of providing the free
entitlement shall be of the school referred to in sub-clause (ii) of clause (n) of
section 2 and of sub-clauses (iii) and (iv) of clause (n) of section 2,
respectively.
(2) For the purpose of determining and for establishing neighbourhood
schools, the Local authority shall undertake school mapping and identify all
children, including children in remote areas, children with disabilities,
children belonging to disadvantaged group, children belonging to
economically weaker sections and children referred to in section 4, within a
period of one year from the date of notification, and every year thereafter.
(3) The Government/Local authority shall ensure that no child is subjected to
caste, class, religious or gender abuse in the school.
(4) For the purpose of clause (c) of section 8 and clause (c) of section 9, the
Government/Local Authority shall ensure that a child belonging to a weaker
section, a child belonging to disadvantaged group and child with special
needs is not segregated or discriminated against in the classroom, during mid
day meals, in the play grounds, in the use of common drinking water and
toilet facilities.
9. Maintenance of records of children by the  Local Authority. ─ (1) The
Local Authority shall maintain a record of all children, in its jurisdiction
through a household survey, from their birth till they attain the age of 14
years.
(2)  The record, referred to in sub-rule (1) shall be updated annually
(3) The record referred to in sub rule (1) shall be maintained transparently in
the public domain and used for the purposes of clause (e) of section 9.
(4) The record, referred to in sub-rule (1) shall in respect of every child,
include -
(a) name, sex, date of birth, place of birth
(b) parents/guardian names, address, occupation
(c) pre-primary school/anganwadi centre that the child attends8
(d) elementary school where the child is admitted
(e) present address of the child
(f) class in which child is studying (for children between 6-14) and
if education is discontinued in the territorial jurisdiction of the Local
Authority, the cause of such discontinuance
(g) whether the child belongs to weaker section.
(h) whether the child requires special facilities or residential
facilities on account of (a) migration and sparse population; (b)
age appropriate admission; and (c) disability.
(5) The Local Authority shall ensure that the records of all children enrolled
in the schools under its jurisdiction are maintained in each school.
PART V
RESPONSIBILITIES OF SCHOOLS AND TEACHERS
10. Admission of children belonging to weaker section and
disadvantaged group. ─ (1) The school referred to in clauses (iii) and
(iv) of clause (n) of section 2 shall ensure that children admitted in
accordance with clause (c) of sub-section (1) of section 12 shall not be
segregated from other children in the classrooms nor shall their classes be
held at places and timings different from the classes held for the other
children.
(2) The school referred to in clauses (iii) and (iv) of clause (n) of section 2
shall ensure that children admitted in accordance with clause (c) of subsection (1) of section 12 shall not be discriminated from the rest of the
children in any manner pertaining to entitlements and facilities such as
text books, uniforms, library and information and communication
technology facilities, extra-curricular activities and sports.
(3) The area or limits of neighbourhood specified in sub-rule (1) of rule 6
shall apply to admissions made in accordance with clause (c) of subsection (1) of section 12.
Provided that the Government may, for the purposes of filling up
the requisite percentage of seats for children referred to in clause (c) of
sub-section (1) of section 12 extend these limits of neighbourhood from
time to time.9
(4) The Government  may prescribe the procedure for admission of
children under clause (c) of sub-section (1) of section 12  by official
notification issued from time to time.
11. Reimbursement of per-child expenditure by the Government. ─ (1)
The total annual recurring expenditure incurred by the Government,
whether from its own funds or funds provided by the Central Government
or by any other authority, on elementary education in respect of all
schools referred to in sub clause (i) of clause (n) of section 2  divided by
the total number of children enrolled in all such schools, shall be the per
child expenditure incurred by the Government.
Explanation:  For the purpose of determining the per child expenditure,
the expenditure incurred by the Government or the Local Authority on
schools referred to in sub-clause (ii) of clause (n) of section 2  and the
children enrolled in such schools shall not be included.
(2) Every school referred to in clauses (iii) and (iv) of clause (n) of
section 2 shall maintain a separate bank account in respect of the amount
received by it as reimbursement under sub-section (2) of section 12 of the
Act.
(3) The schools mentioned in second  proviso of   sub-section (2) of
section 12 shall continue to fulfil their obligation for providing free
education beyond elementary education and till completion of
secondary/senior secondary education, as the case may be, and shall not
be entitled for reimbursement to the extent of their obligation.
12. Documents as age proof. ─ Wherever a birth certificate under the Births,
Deaths and Marriages Certification Act, 1886 is not available, any one of
the following documents shall be deemed to be proof of age of the child
for the purpose of admission in schools-
(a) hospital/Auxiliary Nurse and Midwife (ANM) register record,
(b) anganwadi record,
(c) declaration of the age of the child by the parent or guardian.
13. Extended period for admission. ─ (1) Extended period of admission shall
be five months from the date of commencement of the academic year of a
school.
(2) Where a child is admitted in a school after the extended period, he or she
shall be eligible to complete studies with the help of special training, as
determined by the head of the school.10
14. Recognition of schools. ─ (1) Every recognised school, other than a
school established, owned or controlled by the Government or Local Authority,
established  and functioning before the commencement of the Act shall be
deemed to be recognised under section 18 of the Act. However, each such
school shall make a self declaration within a period of two months of the
Notification of these rules in Form 1 (A) to the concerned District  Education
Officer  regarding its compliance or otherwise with the norms and standards
specified  in the Schedule and fulfilment of the following conditions namely:-
(a) The school is run by a society registered under the Societies
Registration Act 1860 (21 of 1860) or a Public Trust constituted
under any law for the time being in force;
(b) The school is not run for profit to any individual, group or
association of individuals or any other persons;
(c) The school conforms to the values enshrined in the
Constitution;
(d) The school buildings or other structures or the grounds    are
used only for the purpose of education and skill development.
(e) The school is open to inspection by any authorised officer of
Directorate of Education or Local Authority.
(f) The school furnishes such reports and information as may be
required from time to time and complies with such
instructions of Government or local authority as may be issued
to secure the continued fulfilment of the condition of
recognition or the removal of deficiencies in working of the
school;
(2) Every self declaration received in Form 1(A) shall be reviewed by the
concerned District Education officer.
(3) During the course of annual inspection or otherwise if the concerned officer
observes that school does not conform to the norms and standards and conditions
mentioned in sub-rule(1) but has submitted self declaration Form 1(A) stating
conformation with norms, a suitable action shall be initiated by the District
Education Officer.
 (4) Schools which do not conform to the norms, standards and conditions
mentioned in sub rule (1) within three years from the commencement of the Act
shall cease to function.11
(5) Every school, other than a school established, owned or controlled by the
Government or local authority, established after the commencement of the Act
and existing unrecognised schools shall conform to the norms and standards and
conditions mentioned in sub-rule (1) in order to qualify for recognition. Such
school shall apply for recognition in Form 1(B) to the Director of Education or
any person authorised by him. Schools found to be conforming to the norms,
standard and the condition shall be granted recognition by Appropriate Authority
in Form 2. In case the application is rejected the reasons thereof shall be
intimated to the applicant.
15. Withdrawal of recognition to school. ─ (1) Where the concerned District
Education officer on his own motion, or on any representation received from any
person, has reason to believe, to be recorded in writing, that a school recognised
under rule 14, has violated one or more of the conditions for grant of recognition
or has failed to fulfil the norms and standards specified in the Schedule, the said
officer shall act in the following manner:--
(a) Issue a notice to the school specifying the violations of the
condition of grant of recognition and seek its explanation within one
month.
(b) In case the explanation is not in conformity with the norms and
standards as specified in the Schedule or no explanation is received
within the stipulated time period, the concerned District Education Officer
may cause an inspection of the school, to be conducted by a Committee of
three to five members which shall make due inquiry and submit its report,
along with its recommendations for continuation of recognition or its
withdrawal, to the Director of Education who may pass an  order for
continuation of recognition or withdrawal, as the case may be :
Provided that no order for withdrawal of recognition shall be passed
without giving the school adequate opportunity of being heard;
Provided further that no such order shall be passed by the said officer
without prior approval of the Government.
(2) The order of withdrawal of recognition passed shall be operative from the
immediately succeeding academic year and shall specify the neighbourhood
schools to which the children of that school shall be admitted.12
PART VI
TEACHERS
16. Minimum Qualifications ─ The minimum qualifications for persons to be
eligible for appointment as a teacher as laid down by the academic authority
notified by the Central Government in pursuance of sub section (1) of section 23
shall be applicable for every school referred to in clause (n) of section 2 whereas
Government may prescribe higher qualifications for appointment of teachers
under section 23 to ensure better quality of education.
17. Salary and allowances and conditions of service of teachers. ─ The
Government or the local authority, as the case may be, shall notify terms and
conditions of service and salary and allowances of teachers in order to create a
professional and permanent cadre of teachers.
18. Duties performed by teachers. ─ (1) A teacher in addition to the functions
specified in clauses (a) to (e) of sub-section (1) of section 24, may perform the
following duties:-
(a) Participation in training programmes;
(b) Participation in curriculum formulation, and development of syllabi,
training modules and text book development;
(c) Any other duty as may be prescribed by the Government from time to
time.
(2) The teacher shall maintain a file containing the pupil cumulative record for
every child which shall be the basis for awarding the certificate for completion
of elementary education.
19. Maintaining pupil-teacher ratio. ─ The sanctioned strength of teachers in a
school shall be notified by the Government or the local authority, as the case
may be, by the 31
st
 December every year taking in view the enrolment of the
children as on 31
st
 August of that year:
Provided that the Government or the local authority, as the case may be,
shall, within three months of such notification, re-deploy teachers of schools
having a strength in excess of the sanctioned strength prior to such notification.
20. Grievance Redressal for Teachers
The Government may prescribe the grievance redressal mechanism for teachers
by notification issued from time to time.13
PART VII
CURRICULUM AND COMPLETION OF ELEMENTARY
EDUCATION
21. Academic Authority. ─ (1) The Government shall notify an academic
authority for the purpose of sub-section (1) of section 29 of the Act.
(2) While laying down the curriculum and evaluation procedure, the academic
authority notified under sub-rule (1) shall ─
(a) formulate the relevant and age appropriate syllabus and text books
and other learning material;
(b) develop inservice teacher training design, and;
(c) prepare guidelines for putting into practice continuous and
comprehensive evaluation.
(3) The academic authority referred to in sub-rule (1) shall design and
implement a process of holistic school quality assessment on a regular basis.
22. Award of certificate. ─ (1) The certificate of completion of elementary
education shall be issued at the school level within one month of the completion
of elementary education.
(2) The certificate referred to in sub- rule (1) shall contain the pupil cumulative
record of the child.
PART VIII
PROTECTION OF RIGHT OF CHILDREN
23. Performance of functions by Delhi Commission for Protection of Child
RightsThe Government shall provide resource support to the Delhi Commission for
Protection of Child Rights in performance of its functions under the Act.
24. Manner of furnishing complaints before the Delhi Commission for
Protection of Child Rights. ─ The Delhi Commission for Protection of Child
Rights may set up a child helpline to register complaints regarding violation of
rights of the child under the Act, which may be monitored by it through a
transparent on-line mechanism.14
25. Constitution of the State Advisory Council ─ (1) The State Advisory
Council (here in after referred to as the Council) shall consist of a Chairperson
and fourteen Members.
(2) The Minister of Education, Government of National Capital Territory of
Delhi shall be the ex-officio Chairperson of the Council.
(3) Members of the Council shall be appointed by the Government from
amongst persons having knowledge and practical experience in the field of
elementary education and child development, as under: ─
(a) at least three members should be from amongst persons belonging to
SC, ST and Minorities respectively;
(b) at least one member should be from amongst persons having
specialized knowledge and practical experience of education of children
with special needs;
(c) one member should be from amongst persons having specialised
knowledge in the field of pre-primary education;
(d) at least one member should be from amongst persons having
specialized knowledge and practical experience in the field of teacher
education;
(e) the following shall be ex-officio members of the Council
(i) Secretary (Education), Government of NCT of Delhi
(ii) Director (Education), Government of NCT of Delhi
(iii) Director, State Council for Educational Research and Training,
Delhi.
(iv) Chairperson, State Commission of Protection of Child Rights.
(f) State Project Director, Sarv Shiksha Abhiyan shall be a Member of the
Council;
(g) One third of all members shall be women;
(h) Additional Director of Education (Schools), Government of NCT of
Delhi shall be ex-officio member Secretary of the Council.
(4)  The Council may especially invite representatives of other related
Departments as required.16
APPENDIX
FORM-1(A)
SELF-DECLARATION FORM FOR RECOGNIZED SCHOOL
(see sub-rule (1) of rule(14)
To,
    The Director of Education,
    Directorate of Education,
    Government of NCT of Delhi.
Sir,
I forward herewith a self-declaration form regarding compliance with the norms and standards
prescribed under the Right of Children to Free and Compulsory Education Act, 2009 for
recognition to ………………………............................................................
(Name of school)…………………………………………………………………………..
…………………………………………………………………………………....(Address)
With effect from the commencement of the Academic year 20……-20……..
Note: - Before filling-up the self-declaration form, the management may refer to the Right of
Children for Free and Compulsory Education Act, 2009, thoroughly.
A. SCHOOL DETAILS
1. Name of school with school I.D. NO.
2 Aided/ Unaided
3 District & Zone
4 Postal address
5 Pin Code
6 Phone No. with STD Code
7 Fax No.
8 E-mail address, if any
B. GENERAL INFORMATION
1. Date of First Opening of School.
(DD/MM/YYYY)17
2 Name of Trust/Society running the
School.
3 Whether Proof of non-proprietary
character of the Trust/Society is
attached? Yes/No  (Please Tick)
4 Whether list of members of
Managing Committee with their
addresses qualification & occupation
is attached ?
Yes/No  (Please Tick)
5 Whether SOM approved ? Yes/No  (Please Tick)
6 Details of Manager of the school :-
(a) Name :-
(b) Address :-
( c) Academic Qualification (proof to
be attached)
(d) Teaching Experience (in years,
along with experience certificate
countersigned by EO/DEO)
(e) Administrative Experience (in
years)
(f) Phone (s) (OFFICE)
(RES.)
( MOBILE)
7 Statement of Income and Expenditure (last three years) as per Balance Sheet
(Audited & Certified by a Registered Charted Accountant)
Year Income Expenditure Surplus/Deficit
C. NATURE & AREA OF SCHOOL
1 Medium of Institution
2 Type of School (specify entry & exit
classes).
3 If Aided, the name of
Govt./Agency/Deptt., from which Aid
is being received and percentage of
Aid18
4 Whether the school is being run by
society at its own land & building or
on rent/lease basis ?
Owned or Rent/Lease
(Please Tick)
5 Whether the school building  or other
structures or the play ground are used
only for the purpose of education and
skill development?
Yes/No (Please Tick)
D. Land & Building details (Area in Sq. Mtrs).
     1. Total Number of Rooms.
     2. Number of Classrooms.
     3. Head-Teacher/Principal Room
     4. Staff Room.
     5. Office Room.
     6. Store Room.
     7. Laboratory, if any,
     8. Whether School has boundary wall?
           If not, whether the school has proper
           fencing?
            Yes/No (Please Tick)
             Yes/No (Please Tick)
      9.Total Area of School- Land
including  Building & Play Ground
     10. Area of constructed School Building
     11. Total covered area of the School
Building (including all floors).
    12. Area of Play Ground.
E. Other Facilities :-
1 Whether all facilities have barrier free
access ?
Yes/No (Please Tick)
2 Library :
(i) Number of Books in Library
 (ii) Number of newspapers
        (daily subscription)
(iii) Number of magazines
        (monthly subscription).19
3 Whether the list of Sports & Play
equipments attached or not?
Yes/No (Please Tick)
(i) Number of Toilets for Boys.
(ii) Number of Toilets for Girls
4
(iii)Number of Toilets for
CWSN(Person with disabilities)
5 Whether safe and adequate dinking
water facilities is available to all
Children and Staff?
Yes/No (Please Tick)
6 Whether Teaching  Learning Material
is available
Yes/No (Please Tick)
7 Whether Kitchen is available ? Yes/No (Please Tick)
                                                                     Total Number of Subject Teacher
F. Teacher and Student Ratio : -------------------------------------------
                                                                        Total Number of Students
(a) Class I to V Ratio :
(b) Class VI to VIII Ratio :
Note :- The Teacher do not include Lab Assistant, Coaches & Clerical Account Staff
etc.
G. Details of Teachers :- Number
(a) Principal/ Headmaster
(b) TGT (s)
      (i) English
      (ii) Hindi
   (iii) Sanskrit or any other Language
          (as per three Language formula)
      (iv) Natural Science
     (v)  Social Science
     (vi) Mathematics
( c) Asstt. Teachers
 (d) PET
 (e) Work Education Teacher
 (f) Art Education Teacher.20
H. Class wise Enrollment of Students :-
Class Number of Sections Number of Students
Enrolled
Number of Students
under EWS and
Disadvantaged
Group Quota
Pre-Primary
I
II
III
IV
V
VI
VII
VIII
Total
I. Working days/Instructional hours in an academic year
Number of working
days
(a) Class I to V
Number of
Instructional hours.
Number of working
days
1
(b)  Class VI to VIII
Number of
Instructional hours.
2 Number of working hours for the Primary Teachers
teacher per week TGTs/PGTs.
1. It is to undertake that the school is open for inspection by any officer authorized by the
appropriate authority.
2. Certified that the school undertakes to furnish such reports and information as may be
required by the Director of Education from time to time and complies with such
instructions of the appropriate authority or the D.D.E or Education Officer as may be21
issued to secure the continued fulfilment of the condition of recognition or the removal
of deficiencies in working of the school.
3. Certified that records of the school pertinent to the implementation of this Act shall be
open to inspection by any officer authorized by the Directorate of Education or
appropriate authority at any time, and the school shall furnish all such information as
may be necessary to enable the Central and/or State Government/Local Body or the
Administration to discharge its or his obligations to Parliament/ Legislative Assembly
of the State/Panchayat/ Municipal Corporation, as the case may be.
Total No. of Enclosures:
Place :
Dated :
Signature with Stamp of the Manager22
FORM 1(B)
APPLICATION FORM FOR RECOGNITION
TO,
The Director,
Directorate of Education,
Govt. of NCT of Delhi,
Old Sectt., Delhi.
Sir,
I am forwarding herewith an application in the prescribed proforma for the grant of
recognition to (name of school) __________________________________
(address of the school) ________________________________________________
(Pin code) __________________with effect from the commencement of the school
year_______________.
Yours faithfully,
(Chairman of Managing Committee/Manager)
Place:
Date:23
PROFORMA FOR RECOGNITION
1 Name of the society/trust/association
2 Name of the District in which school is
situated
3 Name of the Zone in which school  is
situated
4 School address for correspondence
(All fields mandatory except (*) marked fields.
House No. Street No.* Sector*
Village State Name Pin Code
5 Whether EC issued for the school.
(If yes, attach copy of EC, if minority
institution attach Minority Certificate)
6 Recognition is desired up to Middle /
Secondary / Sr. Secondary (Mention
Streams)
7 Registration No. of  Society/Trust
(a) Name of the Manager of the
school
(b) Contact No. of Manager
(c) Academic Qualification of the
Manager
8
(d) Experience detail of the Manager
(Enclose documentary proof)
Teaching experience
Administrative experience
________ years
________ years
9 Date of issue of letter for approval of
Scheme of Management by Directorate of
Education
Total Area of the school campus with all
the supporting documents of land and
building. (In sq. mt. only)
(i) Whether the land is owned by Society
or taken on lease basis
(ii) Total area of school-campus
including building & play ground
(iii)Area of constructed school building
only
10
(iv) Area of Play Ground only.
Accommodation provided in the school
building. (in numbers/numericals)
(a) Number of class rooms.
(b) School library and Reading room
(c)Biology lab.
(d)Physics lab.
(e) Chemistry lab.
11
(f) Computer lab.24
(g) Science Activity lab for Middle and
Secondary classes
(h) Maths Activity lab
(i) Social Science Activity lab
(j) Auditorium/Hall.
(k) Staff room.
(l) Rooms for Head of school
(m) Office room
(n) Whether all facilities have barrier free
access
(o) Details of Toilets in school
Boys
                     Girls
      P.H.
12 Total enrollment of students
13 Whether qualified and eligible staff is
recruited by school as per recruitment
rules?
14 Whether the school is paying salary to its
staff as per 6
th
 Pay Commission through
ECS/crossed cheque?
Yes/No
15 Whether the school has raised
secured/unsecured loan?
Yes/No
16 Details of income and expenditure Income Expenditure
accounts of the school for the last three
years.
First year
Second year
Third year
17 Whether the school is transferring any
fund to the society or its sister concern?
Yes/No
18 Whether the school is claiming
depreciation?
(a) If yes, details of Depreciation Reserve
Bank Account
Yes/No
Other facilities
Norms Particulars to be submitted by
the school
Desks Fans Tube
Lights
(a) Number of desks, fans and tube lights
provided in each classroom
No.
of
books
No. of
Magazines
No. of
Newspapers
(b) Library
(c) Whether Teaching Learning material
is available?
Yes/No
19
(d) Whether kitchen available? Yes/No25
Student Teacher Ratio : (Total number of
students/Total Number of subject
Teacher)
Ratio
Class I to V
Class VI to VII
20
(Note : The teachers do not include lab assistant, coaches and
clerical/accounts staff etc.)
Number of Teachers in various
categories:
a)Headmaster/Headmistress
      b)PGTs
      c)TGTs
i)   English
ii)  Hindi
iii) Natural Science
iv) Social Science
v)  Maths
     d) Asstt. Teachers
     e) Physical Education Teacher
     f) Work Education Teacher
     g) Art Education Teacher
21
     h) Librarian
Working Days/instructional hours in an academic year:
Number of
working days
A) a) Class I to V
I
Number of
Instructional hours
Number of
working days
b) Class VI to VIII
Number of
Instructional hours
22
B) Number of working hours for the
teacher per week
23 Whether the school is situated in Nonconforming Area. If yes, certificate from
concerned SDM as per clause (q) of
Annexure I.
Yes/No
Place:
Date:
(Signature of Chairman of Managing Committee/Manager)26
ANNEXURE I
ENCLOSURES TO BE ATTACHED ALONG WITH APPLICATION (ALL
MANDATORY)
(a) List of the members of managing committee of the school with their qualifications,
occupations and addresses along with the documentary proof.
(b) Copy of Registration Certificate issued by Registrar of Society.
(c) Copy of duly approved/recorded scheme of management.
(d) Copy of Health Certificate from Local Competent Authority, issued not before six
months from the date of application.
(e) Copy of certificate from Delhi Jal Board/MCD for safe drinking water not issued
before six months from the date of application.
(f) Undertaking by the school for provision of safe and adequate drinking water
facilities to all students.
(g) Copy of Structural Stability Certificate/Building Safety Certificate/Building
Completion Certificate/Occupancy Certificate from Local Competent Authority
(MCD/NDMC/DDA etc.) issued not before one year from the date of application.
(h) Copy of NOC regarding Fire Safety Norms from Fire Department/Local
Competent Authority.
(i) Approved/Sanctioned building plan from Competent Authority or building plan
prepared by registered Architect showing the dimensions of each room.
(j) Class-wise enrollment of the students along with number of students under
freeship seats (EWS/Disadvantaged Group).
(k) Details of the teachers recruited in the prescribed form as per ANNEXURE II.
(l) Copy of Pay Bills and Bank Account Statement showing the clearance of salary
cheques of staff and teachers.
(m) The details of the loan (Secured/Unsecured) taken by the school on separate sheet
(year wise) along with loan documents issued by concerned bank/financial
institution.
(n) Audited Balance Sheets of last three years.
(o) Details of the fund transferred to the society or to any sister concern by the school.
(p) List of sports and play equipments.
(q) Copy of Certificate from SDM concerned to the effect that the land of school does
not belong to original Gram Sabha/DDA/Protected Ridge Land/Forest Land.
(r) Copy of letter from DDA confirming the school has applied for regularization of
land under Zonal Development Plan and it is being considered.
(s) Copy of experience certificate countersigned by concerned education officer in
case teacher seeks age relaxation as per norms and rules.
Note: All the above mentioned copies of enclosures must be attested by the Gazetted Officer
and Manager of the school.27
ANNEXURE-II
LIST OF STAFF MEMBERS (TEACHING AS WELL AS NON TEACHING)
__________________________________________ (NAME OF SCHOOL) BEING RUN
BY _______________________________________________________________ (NAME
OF THE SOCIETY/TRUST) AS ON ________________________ (DATE)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
S. No.
Name
Father’s/Husband’s Name
Designation
Pay scale with grade-pay
post graduation level
Qualification and %age of marks at graduation level and
Mode of Recruitment
Date of Birth
Date of Appointment
Age on Date of Appointment (dd mm - -yy)
Whether Temporary/On probation/Confirmed
If confirmed, mention date of confirmation
Subject Specialization
Residential Address
Remarks : Whether age-relaxation on the basis of teaching
experience
experience required or not? If yes, give details and attach
certificate counter signed by concerned
Education Officer.
Signature of Chairman/Manager28
FORM II
Phone:
E-Mail: Fax:
OFFICE OF DISTRICT EDUCATION OFFICER
(Name of District/Union Territory)
No. Dated:
The Manager,
Subject:Recognition Certificate for the school under sub-rule (5) of rule 14 of Delhi Right of
Children to Free and Compulsory Education Rules, 2011 for the purpose of section 18
of Right of Children to Free and Compulsory Education Act, 2009.
Dear Sir/Madam,
With reference to you application dated …………………….. and subsequent
correspondence with the school/inspection in this regard, I convey the grant for provisional
recognition to the ……………………………………. (name of the school with address) for
Class …………. to Class …………. for a period of three years w.e.f. ……………………….
to ……………………….
The above sanction is subject to fulfillment of following conditions:
1. The grant for recognition is not extendable and does not in any way imply and
obligation to recognize/affiliate beyond class VIII.
2. The School shall abide by the provisions of Right of Children to Free and
Compulsory Education Act, 2009 and the Delhi Right of Children to Free and
Compulsory Education Rules, 2011.
3. The School shall admit in class I (or in entry class, as the case may be), to the
extent of 25% of the strength of that class, children belonging to weaker section
and disadvantaged group in the neighbourhood and provide free and compulsory
elementary education till its completion.
4. For the children referred to in paragraph 3, the School shall be reimbursed in
accordance with the provisions of sub-section (2) of section 12 of the Act.  To
receive such reimbursements school shall maintain a separate bank account.
5. The Society/School shall not collect any capitation fee and subject the child or his
or her parent or guardian to any screening procedure.
6. The School shall not deny admission to any child for lack of age of proof shall
adhere to the provisions of section 15 of the Act.  The school shall ensure:
(i) No child admitted shall be held back in any class or expelled from school
till the completion of elementary education in a school.
(ii) No child shall be subjected to physical punishment or mental harassment.
(iii) No child is required to pass any board examination till the completion of
elementary education.29
(iv) Every child completing elementary education shall be awarded a certificate
as laid down under rule 22.
(v) Inclusion of students with disabilities/special needs as per provision of the
Act.
(vi) The teachers are recruited with minimum qualifications as laid under
section 23(1) of the Act.  Provided further that the current teachers who, at
the commencement of this Act do no possess minimum qualifications shall
acquire such minimum qualifications within a period of 5 years.
(vii) The teacher performs its duties specified under section 24(1) of the Act and
(viii) The teachers shall not engage himself or herself for private teaching
activities.
7. The School shall follow the syllabus on the basis of curriculum laid down by
appropriate authority.
8. That the School shall follow the three language formula for teaching.
9. A certificate from competent authority that the school building has been
constructed as per latest National Building Code has to be submitted within three
months.
10. That the Management of the school shall create a reserve fund in the form of Fixed
Deposit in the joint account in the name of Manager of the school and Dy. Director
of Education (District concerned) equivalent to 3 months salary of staff or Rupees
One Lac+Rs. 80/- per student within 3 months from the date of issue of letter.
11. That the School shall ensure that the Fire Safety equipments and arrangements are
maintained as per the latest guidelines/circulars issued by Directorate of Education.
12. That the School shall comply with the directions of Hon’ble Supreme Court
regarding the arrangement made for transporting school students.
13. Salary to the staff shall be made through crossed Cheque/Electronic clearance
system.
14. The School shall maintain the standards and norms of the school as specified in
section 19 of the Act.  The facilities reported at the time of last inspection are as
given under:-
Area of school campusTotal built up areaArea of play groundNo. of class roomRoom for Headmaster-cum-Office-cum-StoreroomSeparate toilet for boys and girlsDrinking Water FacilityKitchen for cooking Mid Day MealBarrier free AccessAvailability of Teaching Learning Material/Play Sports Equipments/Library-
15. No unrecognized classes shall run within the premises of the school or outside in
the same name of the school.
16. The school buildings or other structures or the grounds are used only for the
purposes education and skill development.
17. The School is run by a society registered under the Societies Registration Act,
1860 (21 of 1860), or a public trust constituted under any law for the time being in
force.
18. The School is not run for profit to any individual, group or association of
individuals or any other persons.
19. The accounts should be audited and certified by a Chartered Accountant and
proper account statements should be prepared as per rules.  A copy each of the30
Statements of Accounts should be sent to the District Education Officer every
year.
20. The recognition Code Number allotted to your school is ……………………  This
may please be noted and quoted for any correspondence with this office.
21. The School furnishes such reports and information as may be required by the
Director of Education/District Education Officer from time to time and complies
with such instructions of the Appropriate 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 the school.
22. Renewal of Registration of Society if any, be ensured.
23. Other conditions as per Annexure enclosed.
Yours faithfully,
District Education Officer