38. Power of appropriate Government to make rules: (1) The appropriate Government may, by
notification, make rules, for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may
provide for all or any of the following matters, namely:--
(a) the manner of giving special training and the time-limit thereof, under first proviso to
section 4;
(b) the area or limits for establishment of a neighbourhood school, under section 6;
(c) the manner of maintenance of records of children up to the age of fourteen years, under
clause (d) of section 9;
(d) the manner and extent of reimbursement of expenditure, under sub-section (2) of section
12;
(e) any other document for determining the age of child under sub-section (1) of section 14;
(f) the extended period for admission and the manner of completing study if admitted after the
extended period, under section 15;
(g) the authority, the form and manner of making application for certificate of recognition,
under sub-section (1) of section 18;
(h) the form, the period, the manner and the conditions for issuing certificate of recognition,
under sub-section (2) of section 18;
(i) the manner of giving opportunity of hearing under second proviso to sub-section (3) of
section 18;
(j) the Other functions to be performed by School Management Committee under clause of subsection
(2) of section 21;
(k) the manner of preparing School Development Plan under sub-section (1) of section 22;
(l) the salary and allowances payable to, and the terms and conditions of service of, teacher,
under sub-section (3) of section 23;
(m) the duties to be performed by the teacher under clause (f) of sub-section (1) of section 24;
(n) the manner of redressing grievances of teachers under sub-section (3) of section 24;
(o) the form and manner of awarding certificate for completion of elementary education under
sub-section (2) of section 30;
(p) the authority, the manner of its constitution and the terms and conditions therefor, under
sub-section (3) of section 31;
(q) the allowances and other terms and conditions of appointment of Members of the National
Advisory Council under sub-section (3) of section 33;
(r) the allowances and other terms and conditions of appointment of Members of the State
Advisory Council under sub-section (3) of section 34.
(3) Every rule made under this Act and every notification issued under sections 20 and 23 by the
Central Government shall be laid, as soon as may be after it is made, before each House of Parliament,
while it is in session, for a total period of thirty days which may be comprised in one session or in two
or more successive sessions, and if, before the expiry of the session immediately following the session
or the successive sessions aforesaid, both Houses agree in making any modification in the rule or
notification or both Houses agree that the rule or notification should not be made, the rule or
notification shall thereafter have effect only in such modified form or be of no effect, as the case may
be; so, however, that any such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule or notification.
(4) Every rule or notification made by the State Government under this Act shall be laid, as soon as
may be after it is made; before the State Legislatures.