Right of Children to Free and Compulsory Education Act, 2009

S.1 Short title, extent, application and commencement.

¹[Short title, extent, application 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 ²***.

(3) It shall come into force on such date³ as the Central Government may, by notification in the Official Gazette, appoint.

⁴[(4) Subject to the provisions of articles 29 and 30 of the Constitution, the provisions of this Act shall apply to conferment of rights on children to free and compulsory education.

(5) Nothing contained in this Act shall apply to Madrasas, Vedic Pathsalas and educational institutions primarily imparting religious instruction.]

S.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 territory of--

(A) a Stat

S.3 Right of child to free and compulsory education.

¹ [(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.]

(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 the elementary education.

² * * * * * ³ (3) A child with disability referred to in sub-clause (A) of clause (ee) of section 2 shall, without prejudice to the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), and a child referred to in sub-clauses (B)

S.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 receive special training, in such manner, and within such time-limits, as may be prescribed:

Provided further that a child so admitted to elementary education shall be entitled to free education till completion of elementary education even after fourteen years.

S.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 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.

(3) For seeking admission in such other school, the Head-teacher or in-charge of the school where such child was last admitted, shall immediately issue the transfer certificate:

S.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.

S.7 Sharing of financial and other responsibilities.

(1) 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 of revenues, such percentage of expenditure referred to in sub-section (2) as it may determine, from time to time, in consultation with the State Governments.

(4) The Central Government may make a request to the President to make a reference to the Finance Commission under sub-clause (d) of clause (3) of article 280 to examine the need for additional resources to be provide

S.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 parents or guardian, as the case may be, shall not be entitled to make a claim for reimbursement of expenditure incurred on elementary education of the child in such other school.

Explanation. --The term compulsory educat

S.9 Duties of local authority.

Every local authority shall--

(a) provide free and compulsory elementary education to every child:

(b) ensure availability of a neighbourhood school a

S.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.

S.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.

S.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 recurring aid or grants so received bears to its annual recurring expenses, subject to a minimum of twenty-five per cent.;

(c) specified in sub-clauses (iii) and (iv) of clause (n) of section 2 shall admit in class I, to the extent of at least

S.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;

(b) subjects a child to screening procedure, shall be punishable with fine which may extend to twenty-five thousand rupees for the first contravention and fifty thousand rupees for each subsequent contraventions.

S.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.

S.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.

S.16 Examination and holding back in certain cases.

¹[16. Examination and holding back in certain cases.-- (1) There shall be a regular examination in the fifth class and in the eighth class at the end of every academic year.

(2) If a child fails in the examination referred to in sub-section (1), he shall be given additional instruction and granted opportunity for re-examination within a period of two months from the date of declaration of the result.

(3) The appropriate Government may allow schools to hold back a child in the fifth class or in the eighth class or in both classes, in such manner and subject to such conditions as may be prescribed, if he fails in the re-examination referred to in sub-section (2):

Provided that the appropriate Government may decide not to hold back a child

S.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.

S.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 recognition in such form, within such period, in such manner, and subject to such conditions, as may be prescribed:
Provided that no such recognition shall be granted to a school unless it fulfils norms and standards specified under section 19.
(3) On the contravention of the conditions of recognition, the prescribed authority shall, by an order in writing, withdraw recognition: Provided that such order shall contain a direction as to which of the neighbourhood school, the children studying in the derecognised school, shall be admitted:
Provided further that no r

S.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.
(3) Where a school fails to fulfil the norms and standards within the period specified under subsection (2), the authority prescribed under sub-section (1) of section 18 shall withdraw recognition granted to such school in the manner specified under sub-section (3) thereof.
(4) With effect from the date of withdrawal of recognition under sub-section (3), no school shall continue to function.
(5) Any person who continues to run a school after the recognition is withdrawn, shall be liable to fine which may extend to one lakh rupees and in case of continuing contrav

S.20 Power to amend Schedule.

The Central Government may, by notification, amend the Schedule by adding to, or omitting therefrom, any norms and standards.

S.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 representation shall be given to the parents or guardians of children belonging to disadvantaged group and weaker section:

Provided also that fifty per cent. of Members of such Committee shall be women.

(2) The School Management Committee shall perfo

S.22 School Development Plan.

(1) Every ¹[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] under sub-section (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) shall be the basis for the plans and grants to be made by the appropriate Government or local authority, as the case may be.

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 sufficient numbers, the Central Government may, if it deems necessary, by notification, relax the minimum qualifications required for appointment as a teacher, for such period, not exceeding five years, as may be specified in that notification:

Provided that a teacher who, at the commencement of this Act, does not possess minimum qualifications as laid down under sub-section (1), shall acquire such minimum qualificati

S.24 Duties of teachers and redressal 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;

(d) assess the learning ability of each child and accordingly supplement additional instructions, if any, as required;

(e) hold regul

S.25 Pupil-Teacher Ratio.

(1) ¹[Within three years] from the date of commencement of this Act, the appropriate Government and the local authority shall ensure that the 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 section 27.

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.

S.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.

S.28 Prohibition of private tuition by teacher.

No teacher shall engage himself or herself in private tuition or private teaching activity.

S.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 Constitution;

(b) all round development of the child;

(d) development of physical and mental abilities to the fullest extent;

(e) learning throu

Legal Comments

"Scope of RTE Section 29" - Section 29 mandates that curriculum and evaluation for elementary education be laid down by an academic authority designated by the government, emphasizing alignment with constitutional values, all-round development, mother-tongue instruction where practicable, and a child-centered approach - [School Development Management Committee, Shri Hari Singh Senior Secondary School VS State of Rajasthan, Through The Secretary Department of Education, Government of Rajasthan]
"Essential ingredients of Section 29" - Subsection (1) requires an academic authority to prescribe curriculum and evaluation; Subsection (2) requires considerations including medium of instruction in the mother tongue and comprehensive evaluation to reflect both scholastic and holistic development - [Chander Mohan Negi VS State of Himachal Pradesh]
"Medium of instruction under Section 29(2)(f)" - The statute directs that, as far as practicable, instruction should be in the child’s mother tongue, linking language policy to fundamental right to education and to inclusive pedagogy - [Chander Mohan Negi VS State of Himachal Pradesh]
"Mother tongue priority vs. enforceability" - Courts have grappled with whether Article 21A and related judgments confer a right to instruction in a specific medium; Section 29(2)(f) supports mother-tongue preference, but does not categorically enshrine a private right to a particular medium for all contexts - see debates in various high court decisions cited in School Development Management Committee, Shri Hari Singh Senior Secondary School VS State of Rajasthan, Through The Secretary Department of Education, Government of Rajasthan and Deepak Rana S/o Late Jagat Singh Rana VS State of Uttarakhand - [School Development Management Committee, Shri Hari Singh Senior Secondary School VS State of Rajasthan, Through The Secretary Department of Education, Government of Rajasthan], [Deepak Rana S/o Late Jagat Singh Rana VS State of Uttarakhand]
"Relation to Article 21A and 14/19" - The RTE Act is framed as a vehicle to give effect to Article 21A, with the constitutionality of the Act recognized; however, subtle tensions arise when Section 12(1)(c) or 18(3) interact with minority/unaided institutions, requiring careful severability analyses in different contexts - [00100054180], [State of Tamil Nadu vs K.Bashiri]
"Section 29 as enabling, not exhaustive" - Section 29 empowers the government to set curriculum/evaluation through an academic authority and to ensure child-friendly, non-traumatic evaluation; it does not wholly displace state policy on pedagogy but anchors standards and processes - [Chander Mohan Negi VS State of Himachal Pradesh], [G. S. Convent School VS State of U. P. Thru Its Secry Secondary Edu]
"Impact on curriculum development plans" - The provision ties into broader state duties to prepare School Development Plans and to align pedagogy with constitutional values and child-centered learning; failure to adhere triggers court-directed reforms (e.g., infrastructure and curricular enhancements under other sections) - [School Development Management Committee, Shri Hari Singh Senior Secondary School VS State of Rajasthan, Through The Secretary Department of Education, Government of Rajasthan], [G. S. Convent School VS State of U. P. Thru Its Secry Secondary Edu]
"Role of School Management Committees (SMCs)" - Sections 21-22 establish SMCs with designated composition and functions; under minority or aided status, certain functions may be advisory; the structure supports local governance of school-level curriculum/evaluation as per Section 29 framework - [G. S. Convent School VS State of U. P. Thru Its Secry Secondary Edu], [Huzaifa Khan through their Father Quayum Khan vs State of U.P.]
"Interplay with private & minority institutions" - The Act’s application to unaided/private or minority institutions is context-dependent, with judgments recognizing that Article 21A and 29/30 considerations may limit extension of certain provisions; central academic standards via NCTE/NCTE Regulations govern qualifications while independence of minority institutions is protected within constitutional bounds - [Pramati Educational & Cultural Trust VS Union of India], [State of Tamil Nadu vs K.Bashiri], [Satish Kumar Son Of Sh. Desh Raj VS State Of Himachal Pradesh Through Its Principal Secretary]
"NCTE framework and Section 29 alignment" - NCTE determinations for teacher qualifications and the 2011 relaxation framework (5% for reserved categories) are treated as binding under Rule 266 of Rajasthan/NCTE norms, ensuring that recruitment qualifications comply with central standards while allowing state-level adaptations consistent with the Act - [Vahidulla S/o Shri Ibrahim VS State of Rajasthan Through the Secretary, Department of Rural & Panchayati Raj, Government of Rajasthan, Jaipur, Rajasthan], [Jitendra Kumar Meena VS State of Rajasthan], [01700062819? to be consistent with sources]
"Detention, evaluation, and Section 16/17 interplay (Kerala Tamil Nadu examples)" - Several judgments discuss detention (Section 16) and the prohibition against holding back students; while these relate to fundamental rights, they illustrate how curriculum/evaluation decisions under Section 29 must avoid traumatizing practices and must align with the “all-round development” ethos - [COMMITTEE OF MANAGEMENT, ADARSH JUNIOR HIGH SCHOOL, PAIRARSHAHPUR, MAINPURI VS STATE OF U. P. ], [AISWARIYA. S. SHANKAR VS DEPUTY COMMISSIONER, KENDRIYA VIDYALAYA SADANAM]
"Transit from admissions to outcomes under Section 29" - Section 29’s emphasis on comprehensive evaluation complements Sections 8, 19, 23 (teacher qualifications), and 35/38 (rules) by shaping how educational outcomes are measured beyond rote scholastic metrics; courts have linked deficiencies in evaluation procedures to remedial orders directing state action - [G. S. Convent School VS State of U. P. Thru Its Secry Secondary Edu], [Deepak Rana S/o Late Jagat Singh Rana VS State of Uttarakhand]
"Constitutional framing and directive principles" - The introductory interpretation in landmark judgments reiterates that while Article 21A guarantees education as a fundamental right and Section 29 codifies its curricular/evaluative architecture, the broader constitutional framework (Articles 14, 19, 21, 29, 30) governs limits and exceptions, especially for minority/private institutions - [00100054180], [Kamal Gupta VS State of Uttarakhand]
"Enforceability and remedies" - The Act authorizes judiciary to require compliance with curricular/evaluation norms and related infrastructure; courts often issue mandamus-style directions to state authorities to implement curricular reforms and to provide necessary resources to schools (infrastructure, libraries, etc.) consistent with Section 29’s aims - [N. G. Ningshok VS State of Manipur, represented by the Chief Secretary], [Deepak Rana S/o Late Jagat Singh Rana VS State of Uttarakhand]
"Role of academic authority in practice" - The “academic authority” designated to articulate curriculum/evaluation must reflect constitutional values and promote child-friendly assessment; this has been interpreted to involve SCERT/GCERT-type bodies at state level, sometimes with divergence depending on jurisdiction - [Chander Mohan Negi VS State of Himachal Pradesh], [B. Siva Sankari VS State of Tamil Nadu, represented by its Secretary, Department of School Education, Chennai]
"Interplay with Section 8(d) and infrastructure" - In several cases, courts tie Section 8(d) obligations (infrastructure) to the broader mandate of ensuring a conducive environment for learning, thereby reinforcing that curriculum/evaluation must be complemented by adequate school facilities and resources - [N. G. Ningshok VS State of Manipur, represented by the Chief Secretary], [Kamal Gupta VS State of Uttarakhand]
"Family and child-centric rights vs. medium policy" - There is ongoing jurisprudential tension about whether the mother-tongue instruction policy under Section 29(2)(f) constitutes a right to education in a preferred medium; courts generally uphold mother-tongue emphasis while recognizing limitations on absolute private rights to a specific medium - [Deepak Rana S/o Late Jagat Singh Rana VS State of Uttarakhand], [School Development Management Committee, Shri Hari Singh Senior Secondary School VS State of Rajasthan, Through The Secretary Department of Education, Government of Rajasthan]
"Key takeaway for practitioners" - When drafting or challenging pedagogy/evaluation policies under RTE, focus on Section 29’s criteria (constitution alignment, all-round development, mother tongue where feasible, trauma-free evaluation) and ensure consistency with related sections (teacher qualifications under Section 23, school recognition, and SMC governance) to sustain a legally sound challenge or defense - [Chander Mohan Negi VS State of Himachal Pradesh], [School Development Management Committee, Shri Hari Singh Senior Secondary School VS State of Rajasthan, Through The Secretary Department of Education, Government of Rajasthan], [G. S. Convent School VS State of U. P. Thru Its Secry Secondary Edu]

S.30 Examination and completion certificate.

(1) 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.

S.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 under this Act and recommend measures for their effective implementation;

(b) inquire into complaints relating to child's right to free and compulsory education; and

S.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.

(3) Any person aggrieved by the decision of the local authority may prefer an appeal to the State Commission for Protection of Child Rights or the authority prescribed under sub-section (3) of section 31, as the case may be.

(4) The appeal preferred under sub-section (3) shall be decided by State Commission for Protection of Child Rights or the authority pr

S.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 of the provisions of the Act in an effective manner.

(3) The allowances and other terms and conditions of the appointment of Members of the National Advisory Council shall be such as may be prescribed.

S.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 provisions of the Act in an effective manner.

(3) The allowances and other terms and conditions of appointment of Members of the State Advisory Council shall be such as may be prescribed.

S.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 purposes 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.

(3) The local authority may issue guidelines and give such directions, as it deems fit, to the School Management Committee regarding implementation of the provisions of this Act.

S.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.

S.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 thereunder.

S.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;

S.39 Power of Central Government to remove difficulties.

¹[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 and Compulsory Education (Amendment) Act, 2012 (30 of 2012).

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.]