THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009
(ACT No. 35 OF 2009)
(Received the assent of the President on August 26, 2009 (Published in the Gazette India Extraordinary, Part, - II S.I., dated 26th August. 2009) Petitioners.1-13 (No. 39).)
[Dated 26th August, 2009]
An Act to provide for free and compulsory education to all children of t
1. Short title, extent and commencement:- (1) This Act may be called the Right of Children to Free and Compulsory Education Act, 2009.
(2) It shall extend to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.1
[(4) Subject to the provisions of Articles
2. Definitions :- In this Act, unless the context otherwise requires,-
(a) "appropriate Government" means-
(i) in relation to a school established, owned or controlled by the Central Government, or the administrator of the Union territory,' having no legislature, the Central Government;
(ii) in relation to a school, other than the school referred to in sub-clause (i), established within the
3. Right of child to free and compulsory education:- [(1) Every child of the age of six to fourteen years, including a child referred to in clause (d) or clause (e) of Section 2, shall have the right to free and compulsory education in a neighbourhood school till the completion of his or her elementary education.]1
(2) For the purpose of sub-section (1), no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing
4. Special provisions for children not admitted to, or who have not completed, elementary education:- Where a child above six years of age has not been admitted in any school or though admitted, could not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to his or her age:
Provided that where a child is directly admitted in a class appropriate to his or her age, then, he or she shall, in order to be at par with others, have a right to r
5. Right of transfer to other school:- (1) Where in a school, there is no provision for completion of elementary education, a child shall have a right to seek transfer to any other school, excluding the school specified in sub-clauses (iii) and (iv) of clause (n) of Section 2, for completing his or her elementary education.
(2) Where a child is required to move from one school to another, either within a State or outside, for any reason whatsoever, such child shall have a right to seek transf
6. Duty of appropriate Government and local authority to establish school:- For carrying out the provisions of this Act, the appropriate Government and the local authority shall establish, within such area or limits of neighbourhood, as may be prescribed, a school, where it is not so established, within a period of three years from the commencement of this Act.
7. Sharing of financial and other responsibilities:- (I) The Central Government and the State Governments shall have concurrent responsibility for providing funds for carrying out the provisions of this Act.
(2) The Central Government shall prepare the estimates of capital and recurring expenditure for the implementation of the provisions of the Act.
(3) The Central Government shall provide to the State Governments, as grants-in-aid o
8. Duties of appropriate Government:- The appropriate Government shall
(a) provide free and compulsory elementary education to every child :
Provided that where a child is admitted by his or her parents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government or a local authority, such child or his or her pa
9. Duties of local authority:- Every local authority shall-
(a) provide free and compulsory elementary education to every child :
Provided that where a child is admitted by his or her parents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government or a local authority, such child or his or her parents or gu
10. Duty of parents and guardian :- It shall be the duty of every parent or guardian to admit or cause to be admitted his or her child or ward, as the case may be, to an elementary education in the neighbourhood school.
11. Appropriate Government to provide for pre-school education:- With a view to prepare children above the age of three years for elementary education and to provide early childhood care and education for all children until they complete the age of six years, the appropriate Government may make necessary arrangement for providing free pre-school education for such children.
12. Extent of school's responsibility for free and compulsory education- (1) For the purposes of this Act, a school,
(a) specified in sub-clause (i) of clause (n) of Section 2 shall provide free, and compulsory elementary education to all children admitted therein;
(b) specified in sub-clause (ii) of clause (n) of Section 2 shall provide free and compulsory elementary education to such proportion of children admitted therein as its annual r
13. No capitation fee and screening procedure for admission:- (1) No school or person shall, while admitting a child, collect any capitation fee and subject the child or his or her parents or guardian to any screening procedure.
(2) Any school or person, if in contravention of the provisions of sub-section (1),-
(a) receives capitation fee, shall be punishable with fine which may extend to ten times the capitation fee charged;
14. Proof of age for admission:- (1) For the purposes of admission to elementary education, the age of a child shall be determined on the basis of the birth certificate issued in accordance with the provisions of the Births, Deaths and Marriages Registration Act, 1886 (6 of 1886) or on the basis of such other document, as may be prescribed.
(2) No child shall be denied admission in a school for lack of age proof.
15. No denial of admission:- A child shall be admitted in a school at the commencement of the academic year or within such extended period as may be prescribed :
Provided that no child shall be denied admission if such admission is sought subsequent to the extended period:
Provided further that any child admitted after the extended period shall complete his studies in such manner as may be prescribed by the appropriate Government.
16. Prohibition of holding back and expulsion:- No child admitted in a school shall be held back in any class or expelled from school till the completion of elementary education.
17. Prohibition of physical punishment and mental harassment to child- (1) No child shall be subjected to physical punishment or mental harassment.
(2) Whoever contravenes the provisions of sub-section (1) shall be liable to disciplinary action under the service rules applicable to such person.
18. No school to be established without obtaining certificate of recognition:- (1) No school, other than a school established, owned or controlled by the appropriate Government or the local authority, shall, after the commencement of this Act, be established or function, without obtaining a certificate of recognition from such authority, by making an application in such form and manner, as may be prescribed.
(2) The authority prescribed under sub-section (1) shall issue the certificate of re
19. Norms and standards for school :- (1) No school shall be established, or recognised, under Section 18, unless it fulfils the norms and standards specified in the Schedule.
(2) Where a school established before the commencement of this Act does not fulfil the norms and standards specified in the Schedule, it shall take steps to fulfil such norms and standards at its own expenses, within a period of three years from the date of such commencement.
20. Power to amend Schedule:- The Central Government may, by notification, amend the Schedule by adding to, or omitting there from, any norms and standards.
21. School Management Committee:- (1) A school, other than a school specified in sub-clause (iv) of clause (n) of Section 2, shall constitute a School Management Committee consisting of the elected representatives of the local authority, parents or guardians of children admitted in such school and teachers :
Provided that at least three-fourth of members of such Committee shall be parents or guardians:
Provided further that proportionate re
22. School Development Plan:- (1) Every [School Management Committee, except the School Management Committee in respect of a school established and administered by minority, whether based on religion or language and an aided school as defined in sub-clause (ii) of clause (n) of Section 2, constituted]1 under subsection (1) of Section 21, shall prepare a School Development Plan, in such manner as may be prescribed.
(2) The School Development Plan so prepared under sub-section (1) s
23. Qualifications for appointment and terms and conditions of service of teachers- (1) Any person possessing such minimum qualifications, as laid down by an academic authority, authorised by the Central Government, by notification, shall be eligible for appointment as a teacher.
(2) Where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications as laid down under sub-section (1) are not available in sufficie
24. Duties of teachers and redressel of grievances:- (1) A teacher appointed under sub-section (1) of Section 23 shall perform the following duties, namely--
(a) maintain regularity and punctuality in attending school;
(b) conduct and complete the curriculum in accordance with the provisions of sub-section (2) of Section 29;
(c) complete entire curriculum within the specified time;
25. Pupil-Teacher Ratio:-(1) [Within three years]1 from the date of commencement of this Act, the appropriate Government and the local authority shall ensure that Pupil-Teacher Ratio, as specified in the Schedule, is maintained in each school.
(2) For the purpose of maintaining the Pupil-Teacher Ratio under sub-section (1), no teacher posted in a school shall be made to serve in any other school or office or deployed for any non-educational purpose, other than those specified in S
26. Filling up vacancies of teachers:- The appointing authority, in relation to a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government or by a local authority, shall ensure that vacancy of teacher in a school under its control shall not exceed ten per cent of the total sanctioned strength.
27. Prohibition of deployment of teachers for non-educational purposes:- No teacher shall be deployed for any non-educational purposes other than the decennial population census, disaster relief duties or duties relating to elections to the local authority or the State Legislatures or Parliament, as the case may be.
28. Prohibition of private tuition by teacher:- No teacher shall engage himself or herself in private tuition or private teaching activity.
29. Curriculum and evaluation procedure:- (1) The curriculum and the evaluation procedure for elementary education shall be laid down by an academic authority to be specified by the appropriate Government, by notification.
(2) The academic authority, while laying down the curriculum and the evaluation procedure under sub-section (1), shall take into consideration the following, namely-
(a) conformity with the values enshrined in the Constit
30. Examination and completion certificate:- No child shall be required to pass any Board examination till completion of elementary education.
(2) Every child completing his elementary education shall be awarded a certificate, in such form and in such manner, as may be prescribed.
31. Monitoring of child's right to education - (1) The National Commission for Protection of Child Rights constituted under Section 3, or, as the case may be, the State Commission for Protection of Child Rights constituted under Section 17, of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006), shall, in addition to the functions assigned to them under that Act, also perform the following functions, namely-
(a) examine and review the safeguards for rights provided by or und
32. Redressal of grievances:- (1) Notwithstanding anything contained in Section 31, any person having any grievance relating to the right of a child under this Act may make a written complaint to the local authority having jurisdiction.
(2) After receiving the complaint under sub-section (1), the local authority shall decide the matter within a period of three months after affording a reasonable opportunity of being heard to the parties concerned.
33. Constitution of National Advisory Council:- (1) The Central Government shall constitute, by notification, a National Advisory Council, consisting of such number of Members, not exceeding fifteen, as the Central Government may deem necessary, to be appointed from amongst persons having knowledge and practical experience in the field of elementary education and child development.
(2) The functions of the National Advisory Council shall be to advise the Central Government on implementation
34. Constitution of State Advisory Council:- (1) The State Government shall constitute, by notification, a State Advisory Council consisting of such number of Members, not exceeding fifteen, as the State Government may deem necessary, to be appointed from amongst persons having knowledge and practical experience in the field of elementary education and child development.
(2) The functions of the State Advisory Council shall be to advise the State Government on implementation of the provision
35. Power to issue directions:- (1) The Central Government may issue such guidelines to the appropriate Government or, as the case may be, the local authority, as it deems fit for the purpose of implementation of the provisions of this Act.
(2) The appropriate Government may issue guidelines and give such directions, as it deems fit, to the local authority or the School Management Committee regarding implementation of the provisions of this Act.
36. Previous sanction for prosecution:- No prosecution for offences punishable under sub-section (2) of Section 13, sub-section (5) of Section 18 and sub-section (5) of Section 19 shall be instituted except with the previous sanction of an officer authorised in this behalf, by the appropriate Government, by notification.
37. Protection of action taken in good faith:- No suit or other legal proceeding shall lie against the Central Government, the State Government, the National Commission for Protection of Child Rights, the State Commission for Protection of Child Rights, the local authority, the School Management Committee or any person, in respect of anything which is in good faith done or intended to be done, in pursuance of this Act, or any rules or order made there under.
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;
[39. Power of Central Government to remove difficulties:- (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty :
Provided that no order shall be made under this section after the expiry of three years from the commencement of the Right of Children to Free
THE SCHEDULE
(See Sections 19 and 25)
Norms and Standards for a School
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