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THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009

| Posted On 27 Aug 2022

THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009

Chapter – 7; Section – 39 & One Schedule

 

CHAPTER I - PRELIMINARY

SECTIONS

  1. Short title, extent and commencement.
  2. Definitions.

CHAPTER II - RIGHT TO FREE AND COMPULSORY EDUCATION

  1. Right of child to free and compulsory education.
  2. Special provisions for children not admitted to, or who have not completed, elementary education.
  3. Right of transfer to other school.

CHAPTER III - DUTIES OF APPROPRIATE GOVERNMENT, LOCAL AUTHORITY AND PARENTS

  1. Duty of appropriate Government and local authority to establish school.
  2. Sharing of financial and other responsibilities.
  3. Duties of appropriate Government.
  4. Duties of local authority.
  5. Duty of parents and guardian.
  6. Appropriate Government to provide for pre-school education.

CHAPTER IV - RESPONSIBILITIES OF SCHOOLS AND TEACHERS

  1. Extent of school’s responsibility for free and compulsory education.
  2. No capitation fee and screening procedure for admission.
  3. Proof of age for admission.
  4. No denial of admission.
  5. Prohibition of holding back and expulsion.
  6. Prohibition of physical punishment and mental harassment to child.
  7. No school to be established without obtaining certificate of recognition.
  8. Norms and standards for school.
  9. Power to amend Schedule.
  10. School Management Committee.
  11. School Development Plan.
  12. Qualifications for appointment and terms and conditions of service of teachers.
  13. Duties of teachers and redressal of grievances.
  14. Pupil-Teacher Ratio.
  15. Filling up vacancies of teachers.
  16. Prohibition of deployment of teachers for non-educational purposes.
  17. Prohibition of private tuition by teacher.

CHAPTER V - CURRICULUM AND COMPLETION OF ELEMENTARY EDUCATION

  1. Curriculum and evaluation procedure.
  2. Examination and completion certificate.

CHAPTER VI -PROTECTION OF RIGHT OF CHILDREN

  1. Monitoring of child’s right to education.
  2. Redressal of grievances.
  3. Constitution of National Advisory Council.
  4. Constitution of State Advisory Council.

CHAPTER VII - MISCELLANEOUS

  1. Power to issue directions.
  2. Previous sanction for prosecution.
  3. Protection of action taken in good faith.
  4. Power of appropriate Government to make rules.
  5. Power of Central Government to remove difficulties.
  6.  

 

THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009

[26th August, 2009.]

An Act to provide for free and compulsory education to all children of the age of 06 to 14 years.

 

CHAPTER I - PRELIMINARY

  1. Short title, extent and commencement
  • It shall extend to the whole of India except the State of Jammu and Kashmir.
  • Nothing contained in this Act shall apply to Madrasas, Vedic Pathsalas and educational institutions primarily imparting religious instruction.]
  1. Definitions —
    1. “appropriate Government” means—
      • 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;
      • in relation to a school, other than the school referred to in sub-clause (i), established within the territory of—
        • a State, the State Government;
        • a Union territory having legislature, the Government of that Union territory;
    2. “capitation fee” means any kind of donation or contribution or payment other than the fee notified by the school;
    3. “child” means a male or female child of the age of 06 to 14 years;
    4. “child belonging to disadvantaged group” means a child with disability or a child belonging to the SC, ST, the socially and educationally backward class or such other group having disadvantage owing to social, cultural, economical, geographical, linguistic, gender or such other factor, as may be specified by the appropriate Government, by notification;
  • a child with “disability” as defined in Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995  or in National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999;
  • a child with “severe disability” as defined in the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act 1999
    1. “child belonging to weaker section” means a child belonging to such parent or guardian whose annual income is lower than the minimum limit specified by the appropriate Government, by notification;
    2.  “elementary education” means the education from 1st to 8th class;
    3. “guardian”, in relation to a child, means a person having the care and custody of that child and includes a natural guardian or guardian appointed or declared by a court or a statute;
    4. “local authority” means a Municipal Corporation or Municipal Council or Zila Parishad or Nagar Panchayat or Panchayat, by whatever name called, and includes such other authority or body having administrative control over the school or empowered by or under any law for the time being in force to function as a local authority in any city, town or village;
    5. “National Commission for Protection of Child Rights” (NCPCR) means the NCPCR constituted under section 3 of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006);
    6. “parent” means either the natural or step or adoptive father or mother of a child;
    7. “school” means any recognized school imparting elementary education and includes—
      • a school established, owned or controlled by the appropriate Government or a local authority;
      • an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority;
      • a school belonging to specified category; and
      • an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority;
    8. “screening procedure” means the method of selection for admission of a child, in preference over another, other than a random method;
    9. “specified category”, in relation to a school, means a school known as Kendriya Vidyalaya, Navodaya Vidyalaya, Sainik School or any other school having a distinct character which may be specified, by notification, by the appropriate Government;
    10. “State Commission for Protection of Child Rights” (SCPCR) means the SCPCR constituted under section 3 of the Commissions for Protection of Child Rights Act, 2005.

CHAPTER II - RIGHT TO FREE AND COMPULSORY EDUCATION

  1. Right of child to free and compulsory education
  • Every child (normal or with disability) of the age of 06 to 14 years shall have the right to free and compulsory education in a neighbourhood school till the completion of his or her elementary education.
  • Provided that a child with “multiple disabilities” may also have the right to opt for home-based education.
    1. Special provisions for children not admitted to, or who have not completed, elementary education
  • Where a child above 06 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 sheshall, in order to be at par with others, have a right to receive special training, in such manner, and withinsuchtime-limits, as maybeprescribed:

    1. Right of transfer to other school
  • 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 of specific category” and “unaided schools”.
  • 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 for completing his or her elementary education.
  • 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:

Provided that :

  •  

CHAPTER III - DUTIES OF APPROPRIATE GOVERNMENT, LOCAL AUTHORITY AND PARENTS

  1. Duty of appropriate Government and local authority to establish school
  • The appropriate Government and the local authority shall establish, within such area or limits of neighbourhood, a school, where it is not so established, within a period of 03 years from the commencement of this Act.
    1. Sharing of financial and other responsibilities
  • The Central Government & the State Governments shall have concurrent responsibility for providing funds for carrying out the provisions of this Act.
  • The Central Government shall prepare the estimates of capital and recurring expenditure for the implementation of the provisions of the Act.
  • The Central Government shall provide to the State Governments, as grants-in-aid of revenues, in consultation with the State Governments.
  • The Central Government may make a request to the President to make a reference to the Finance Commission to examine the need for additional resources to be provided to any State Government so that the said State Government may provide its share of funds for carrying out the provisions of the Act.
  • The Central Government shall—
    • develop a framework of national curriculum with the help of academic authority specified under section 29;
    • develop and enforce standards for training of teachers;
    • provide technical support and resources to the State Government for promoting innovations, researches, planning and capacity building.
    • Duties of appropriate Government
      • provide free and compulsory elementary education to every child:

Provided that where a child is admitted by his or her parents or guardian, in aschool other than a school established for this act, then the expenditureincurred onelementaryeducationofthechildin such other school will not be reimbursement.

  • —The term “compulsory education” means obligation of the appropriate Government to—
    • provide free elementary education to every child of the age of 06 to 14 years; and
    • ensure compulsory admission, attendance and completion of elementary education by every child of the age of 06 to 14 years;
    • ensure availability of a neighbourhood school as specified in section 6;
    • ensure that the child belonging to weaker section and the child belonging to disadvantaged group are not discriminated against and prevented from pursuing and completing elementary education on any grounds;
  • Duties of local authority —Every local authority shall—
    • provide free and compulsory elementary education to every child:

Provided that where a child is admitted by his or her parents or guardian, in aschool other than a school established for this act, then the expenditureincurred onelementaryeducationofthechildin such other school will not be reimbursement.

  • ensure availability of a neighbourhood school as specified in section 6;
  • ensure that the child belonging to weaker section and the child belonging to disadvantaged group are not discriminated against and prevented from pursuing and completing elementary education on any grounds;
  • ensure admission of children of migrant families;
  • monitor functioning of schools within its jurisdiction; and
  • decide the academic calendar.
  • Duty of parents and guardian — It shall be the duty of every parent or guardian to admit his or her child or ward to an elementary education in the neighbourhood school.
  • Appropriate Government to provide for pre-school education—With a view to prepare children above the age of 03 years for elementary education and to provide early childhood care and education for all children until they complete the age of 06 years, the appropriate Government may make necessary arrangement for providing free pre-school education for such children.

CHAPTER IV - RESPONSIBILITIES OF SCHOOLS AND TEACHERS

  1. Extent of school's responsibility for free and compulsory education
  • For the purposes of this Act, a school,—
    • shall provide free and compulsory elementary education to all children admitted therein;
    • 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 25%.;
    • shall admit in class I, to the extent of at 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:
    • Unaided Schools providing free and compulsory elementary education shall be reimbursed expenditure so incurred by it to the extent of per-child-expenditure incurred by the State, or the actual amount charged from the child, whichever is less, Provided that such reimbursement shall not exceed per-child-expenditure incurred by a school.
  • No capitation fee and screening procedure for admission
  • 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.
  • Any school or person, if in contravention of the provisions of sub-section (1),—
    • receives capitation fee, shall be punishable with fine which may extend to 10 times the capitation fee charged;
    • Subjects a child to screening procedure, shall be punishable with fine which may extend to Rs. 25,000 for the first contravention and Rs. 50,000 for each subsequent contraventions.
    • Proof of age for admission
  • For the purposes of admission to elementary education, the age of a child shall be determined on the basis of the birth certificate or on the basis of such other document, as may be prescribed.
  • No child shall be denied admission in a school for lack of age proof.
    1. No denial of admission

A child shall be admitted in a school at the commencement of theacademicyearorwithin suchextended period as maybe prescribed:

Provided that no child shall be denied admission if such admission is sought subsequent to theextendedperiod:

  1. 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.
  2. Prohibition of physical punishment and mental harassment to child
  • No child shall be subjected to physical punishment or mental harassment.
  • Whoever contravenes the provisions shall be liable to disciplinary action under the service rules applicable to such person.
    1. No School to be established without obtaining certificate of recognition
  • 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.
  • No such recognition shall be granted to a school unless it fulfils norms and standards specified.
  • On the contravention of the conditions of recognition, the prescribed authority shall, by an order in writing, withdraw recognition.
  • Any person who establishes or runs a school without obtaining certificate of recognition, or continues to run a school after withdrawal of recognition, shall be liable to fine which may extend to Rs. 1,00,000 and in case of continuing contraventions, to a fine of Rs. 10,000 for each day during which such contravention continues.
    1. Norms and standards for school
  • Where a school established before the commencement of this Act does not fulfil the norms and standards, it shall take steps to fulfil such norms and standards at its own expenses, within a period of 03 years from the date of such commencement.
  • Where a school fails to fulfil the norms and standards within the specified period, the authority shall withdraw recognition granted to such school.
  • With effect from the date of withdrawal of recognition, no school shall continue to function.
  • Any person who establishes or runs a school without obtaining certificate of recognition, or continues to run a school after withdrawal of recognition, shall be liable to fine which may extend to Rs. 1,00,000 and in case of continuing contraventions, to a fine of Rs. 10,000 for each day during which such contravention continues.
    1. Power to amend Schedule —The Central Government may amend the Schedule by adding to, or omitting therefrom, any norms and standards.
    2. School Management Committee (SMC)
  • A school, other than unaided school, 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:
    •  
    •  
    •  
  • The School Management Committee shall perform the following functions, namely:—
    • monitor the working of the school;
    • prepare and recommend school development plan;
    • monitor the utilization of the grants received from the appropriate Government or local authority or any other source; and
    • perform such other functions as may be prescribed. [Provided that the School Management Committee constituted under sub-section (1) in respect of,—
  • a school established and administered by minority whether based on religion or language; and
  • all other aided schools as defined in sub-section (ii) of clause (n) of section 2, shall perform advisory function only.]
    1. School Development Plan
  • Every SMC (except the SMC in respect of a school established and administered by minority, whether based on religion or language) shall prepare a School Development Plan.
  • The School Development Plan shall be the basis for the plans and grants to be made by the appropriate Government or local authority.
    1. Qualifications for appointment and terms and conditions of service of teachers
  • 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.
  • Where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications, 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 05 years, as may be specified in that notification:
    •  
  • Duties of teachers and redressal of grievances
  • A teacher appointed shall perform the following duties, namely:—
    • maintain regularity and punctuality in attending school;
    • complete entire curriculum within the specified time;
    • assess the learning ability of each child and accordingly supplement additional instructions, if any, as required;
    • hold regular meetings with parents and guardians and apprise them about the regularity in attendance, ability to learn, progress made in learning and any other relevant information about the child; and
    • perform such other duties as may be prescribed.
  • A teacher committing default in performance of duties shall be liable to disciplinary action under the service rules applicable to him or her.
  1. Pupil-Teacher Ratio
  • Within 03 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.
  • For the purpose of maintaining the Pupil-Teacher Ratio, 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.
  1. 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 appropriateGovernment or by a local authority, shall ensure that vacancy of teacher in a school under its control

  1. Prohibition of deployment of teachers for non-educational purposes

No teacher shall bedeployed for any non-educational purposes to the local authority or the State Legislatures or Parliament, as thecase maybe.

  1. Prohibition of private tuition by teacher

No teacher shall engage himself or herself in private tutionorprivate teachingactivity.

CHAPTER V - CURRICULUM AND COMPLETION OF ELEMENTARY EDUCATION

  1. Curriculum and Evaluation Procedure
  • 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.
  • The academic authority, while laying down the curriculum and the evaluation procedure shall take into consideration the following, namely:—
    1. conformity with the values enshrined in the Constitution;
    2. all round development of the child;
    3. building up child's knowledge, potentiality and talent;
    4. development of physical and mental abilities to the fullest extent;
    5. learning through activities, discovery and exploration in a child friendly and child-centered manner;
    6. medium of instructions shall, as far as practicable, be in child's mother tongue;
    7. making the child free of fear, trauma and anxiety and helping the child to express views freely;
    8. comprehensive and continuous evaluation of child's understanding of knowledge and his or her ability to apply the same.
  1. Examination and completion certificate
  • No child shall be required to pass any Board examination till completion of elementary education.
  • Every child completing his elementary education shall be awarded a certificate, in such form and in such manner, as may be prescribed.

CHAPTER VI - PROTECTION OF RIGHT OF CHILDREN

  1. Monitoring of child's right to education
  • The NCPCR /SCPCR shall, in addition to the functions assigned to them under that Act, also perform the following  functions, namely:
    1. examine and review the safeguards for rights provided by or under this Act and recommend measures for their effective implementation;
    2. inquire into complaints relating to child's right to free and compulsory education; and
  • The said Commissions shall, while inquiring into any matters relating to child's right to free and compulsory education have the same powers as assigned to them respectively under sections 14 and 24 of the said Commissions for Protection of Child Rights Act.
  • Where the SCPCR has not been constituted in a State, the appropriate Government may, for the purpose of performing the functions specified in clauses (a) to (c) of sub-section (1), constitute such authority, in such manner and subject to such terms and conditions, as may be prescribed.
  1. Redressal of grievances
  • 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.
  • After receiving the complaint, the local authority shall decide the matter within a period of 03 months after affording a reasonable opportunity of being heard to the parties concerned.
  • Any person aggrieved by the decision of the local authority may prefer an appeal to the SCPCR or the authority prescribed.
  • The appeal preferred shall be decided by SCPCR or the authority.
  1. Constitution of National Advisory Council
  • The Central Government shall constitute a National Advisory Council, consisting of such number of Members, not exceeding 15, 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.
  • 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.
  • The allowances and other terms and conditions of the appointment of Members of the National Advisory Council shall be such as may be prescribed.
  1. Constitution of State Advisory Council
  • The State Government shall constitute, a State Advisory Council consisting of such number of Members, not exceeding 15, 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.
  • 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.
  • The allowances and other terms and conditions of appointment of Members of the State Advisory Council shall be such as may be prescribed.

CHAPTER VII – MISCELLANEOUS

  1. Power to issue directions
  • The Central Government may issue such guidelines to the appropriate Government or, the local authority, as it deems fit for the purposes of implementation of the provisions of this Act.
  • 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.
  • 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.
  1. 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.
  2. Protection of action taken in good faith —No suit or other legal proceeding shall lie against the Central Government, the State Government, the NCPCR, the SCPCR, 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.
  3. Power of appropriate Government to make rules
  • The appropriate Government may make rules for carrying out the provisions of this Act.
  • In particular such rules may provide for all or any of the following matters, namely:
    1. the manner of giving special training and the time-limit thereof;
    2. the area or limits for establishment of a neighbourhood school;
    3. the manner of maintenance of records of children up to the age of fourteen years;
    4. the manner and extent of reimbursement of expenditure;
    5. any other document for determining the age of child;
    6. the extended period for admission and the manner of completing study if admitted after the  extended period;
    7. the authority, the form and manner of making application for certificate of recognition;
    8. the form, the period, the manner and the conditions for issuing certificate of recognition;
    9. the manner of giving opportunity of hearing;
    10. the Other functions to be performed by School Management Committee;
    11. the manner of preparing School Development Plan;
    12. the salary and allowances payable to, and the terms and conditions of service of, teacher;
    13. the duties to be performed by the teacher;
    14. the manner of redressing grievances of teachers;
    15. the form and manner of awarding certificate for completion of elementary education;
    16. the authority, the manner of its constitution and the terms and conditions therefor;
    17. the allowances and other terms and conditions of appointment of Members of the National Advisory Council;
    18. the allowances and other terms and conditions of appointment of Members of the State Advisory Council.
  • Every rule made under this Act and every notification issued 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 30 days which may be comprised in one session or in two or more successive sessions.
  • 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.
  1. Power of Central Government to remove difficulties
  • 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 03 years from the commencement of the Right of Children to Free and Compulsory Education (Amendment) Act, 2012 .

THE SCHEDULE

(See sections 19 and 25)

NORMS AND STANDARDS FOR A SCHOOL

S. No.

Item

Norms & Standards

1.

Numbers of teachers:

Admitted Children

No. of Teachers

 

(a) For Class 1st to 5th

Upto 60

02

 

 

Between 60 to 90

03

 

 

Between 90 to 120

04

 

 

Between 120 to 200

05

 

 

Above 150 

05 + 01 (Head Master)

 

 

Above 200

Pupil-Teacher Ratio (excluding Head Master)  shall not exceed 40

 

(b) For Class 6th to 8th
  1. At least 01 teacher per class so that there shall be  at least one teacher each for:
    1. Science and Mathematics;
    2. Social Studies;
    3. Languages.

 

 

At least one teacher for every 35 children

 

 
  1. Where admission of children is above 100:
    1. a full time head-teacher;
    2. part time instructors for:
      1. Art Education;
      2. Health and Physical Education;
      3. Work Education.

2.

Building

All-weather building consisting of—

  1. at least one class-room for every teacher and an office-cum-store-cum-Head teacher’s room;
  2. barrier-free access;
  3. Separate toilets for boys and girls; safe and adequate drinking water facility to all children.
  4. a kitchen where mid-day meal is cooked in the school;
  5. Playground;
  6. Arrangements for securing the school building by boundary wall or fencing.

3.

Minimum number of working days/instructional hours in an academic year
  1. 200  working days for class 1st to 5th;
  2. 220  working days for class 6th to class 8th;
  3. 800  instructional hours per academic year for class 1st to 5th;
  4. 1000 instructional hours per academic year  for class 6th to class 8th

4.

Minimum number of working hours per week for the teacher

45 teaching hours including preparation hours

5.

Teaching learning equipment

Shall be provided to each class as required

6.

Library

There shall be a library in each school providing newspaper, magazines and books on all subjects, including story-books

7.

Play material, games and sports equipment

Shall be provided to each class as required

 

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