The Right of Children to Free and Compulsory Education Act, 2009
Administered Ministry: Ministry of Education / Department of School Education and Literacy
Section
Section 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 perform the following functions, namely:--
(a) monitor the working of the school;
(b) prepare and recommend school development plan;
(c) monitor the utilisation of the grants received from the appropriate Government or local authority or any other source; and
(d) perform such other functions as may be prescribed.
1[Provided that the School Management Committee constituted under sub-section (1) in respect of,--
(a) a school established and administered by minority whether based on religion or language; and
(b) all other aided schools as defined in sub-section (ii) of clause (n) of section 2,
shall perform advisory function only.]
STATE AMENDMENT
Rajasthan
Amendment of section 21, Central Act No. 35 of 2009.—In sub-section (2) of section 21 of the principal Act,-
(i) in clause (c), the existing word “and”, appearing at the end, shall be deleted; and
(ii) after the existing clause (c), so amended, and before the existing clause (d), the following new clause shall be inserted, namely:-
“(ca) ensure that teachers perform their duties specified by or under section 24; and”.
[Vide Rajasthan Act 32 of 2017, s. 4.]
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 perform the following functions, namely:--
(a) monitor the working of the school;
(b) prepare and recommend school development plan;
(c) monitor the utilisation of the grants received from the appropriate Government or local authority or any other source; and
(d) perform such other functions as may be prescribed.
1[Provided that the School Management Committee constituted under sub-section (1) in respect of,--
(a) a school established and administered by minority whether based on religion or language; and
(b) all other aided schools as defined in sub-section (ii) of clause (n) of section 2,
shall perform advisory function only.]
STATE AMENDMENT
Rajasthan
Amendment of section 21, Central Act No. 35 of 2009.—In sub-section (2) of section 21 of the principal Act,-
(i) in clause (c), the existing word “and”, appearing at the end, shall be deleted; and
(ii) after the existing clause (c), so amended, and before the existing clause (d), the following new clause shall be inserted, namely:-
“(ca) ensure that teachers perform their duties specified by or under section 24; and”.
[Vide Rajasthan Act 32 of 2017, s. 4.]
1. Ins. by Act 30 of 2012, s. 5 (w.e.f. 1-8-2012)
Section 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.
(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.
1 . Subs. by s. 6, ibid., for "School Management Committee, constituted" (w.e.f. 1-8-2012).
Section 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 qualifications within a period of five years.
1[Provided further that every teacher appointed or in position as on the 31st March, 2015, who does not possess minimum qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a period of four years from the date of commencement of the Right of Children to Free and Compulsory Education (Amendment) Act, 2017 (24 of 2017).]
(3) The salary and allowances payable to, and the terms and conditions of service of, teachers shall be such as may be prescribed.
(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 qualifications within a period of five years.
1[Provided further that every teacher appointed or in position as on the 31st March, 2015, who does not possess minimum qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a period of four years from the date of commencement of the Right of Children to Free and Compulsory Education (Amendment) Act, 2017 (24 of 2017).]
(3) The salary and allowances payable to, and the terms and conditions of service of, teachers shall be such as may be prescribed.
1 Ins. by Act 24 of 2017, s. 2 (w.e.f. 1-4-2015).
Section 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;
(c) complete entire curriculum within the specified time;
(d) assess the learning ability of each child and accordingly supplement additional instructions, if any, as required;
(e) 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
(f) perform such other duties as may be prescribed.
(2) A teacher committing default in performance of duties specified in sub-section (1), shall be liable to disciplinary action under the service rules applicable to him or her:
Provided that before taking such disciplinary action, reasonable opportunity of being heard shall be afforded to such teacher.
(3) The grievances, if any, of the teacher shall be redressed in such manner as may be prescribed.
STATE AMENDMENT
Rajasthan
Amendment of section 24, Central Act No. 35 of 2009.-In clause (d) of sub-section (1) of section 24 of the principal Act, for the existing expression “as required”, the expression “required for achieving class appropriate learning level” shall be substituted.
[Vide Rajasthan Act 32 of 2017, s. 5.]
(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;
(d) assess the learning ability of each child and accordingly supplement additional instructions, if any, as required;
(e) 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
(f) perform such other duties as may be prescribed.
(2) A teacher committing default in performance of duties specified in sub-section (1), shall be liable to disciplinary action under the service rules applicable to him or her:
Provided that before taking such disciplinary action, reasonable opportunity of being heard shall be afforded to such teacher.
(3) The grievances, if any, of the teacher shall be redressed in such manner as may be prescribed.
STATE AMENDMENT
Rajasthan
Amendment of section 24, Central Act No. 35 of 2009.-In clause (d) of sub-section (1) of section 24 of the principal Act, for the existing expression “as required”, the expression “required for achieving class appropriate learning level” shall be substituted.
[Vide Rajasthan Act 32 of 2017, s. 5.]
Section 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.
(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.
1 Subs. by Act 30 of 2012, s. 7, for "Within six months" (w.e.f. 1-8-2012).
Section 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.
Section 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.
Section 28 Prohibition of private tuition by teacher.
No teacher shall engage himself or herself in private tuition or private teaching activity.
Section 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;
(c) building up child's knowledge, potentiality and talent;
(d) development of physical and mental abilities to the fullest extent;
(e) learning through activities, discovery and exploration in a child friendly and child-centered manner;
(f) medium of instructions shall, as far as practicable, be in child's mother tongue;
(g) making the child free of fear, trauma and anxiety and helping the child to express views freely;
(h) comprehensive and continuous evaluation of child's understanding of knowledge and his or her ability to apply the same.
STATE AMENDMENT
Rajasthan
Amendment of section 29, Central Act No. 35 of 2009.—In sub-section (1) of section 29 of the principal Act, after the existing expression “curriculum” and before the existing expression “and the evaluation procedure”, the expression”, class appropriate learning level” shall be inserted.
[Vide Rajasthan Act 32 of 2017, s. 6.]
(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;
(c) building up child's knowledge, potentiality and talent;
(d) development of physical and mental abilities to the fullest extent;
(e) learning through activities, discovery and exploration in a child friendly and child-centered manner;
(f) medium of instructions shall, as far as practicable, be in child's mother tongue;
(g) making the child free of fear, trauma and anxiety and helping the child to express views freely;
(h) comprehensive and continuous evaluation of child's understanding of knowledge and his or her ability to apply the same.
STATE AMENDMENT
Rajasthan
Amendment of section 29, Central Act No. 35 of 2009.—In sub-section (1) of section 29 of the principal Act, after the existing expression “curriculum” and before the existing expression “and the evaluation procedure”, the expression”, class appropriate learning level” shall be inserted.
[Vide Rajasthan Act 32 of 2017, s. 6.]
Section 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.
(2) Every child completing his elementary education shall be awarded a certificate, in such form and in such manner, as may be prescribed.
Section 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
(c) take necessary steps as provided under sections 15 and 24 of the said Commissions for Protection of Child Rights Act.
(2) The said Commissions shall, while inquiring into any matters relating to child's right to free and compulsory education under clause (c) of sub-section (1), have the same powers as assigned to them respectively under sections 14 and 24 of the said Commissions for Protection of Child Rights Act.
(3) Where the State Commission for Protection of Child Rights 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.
(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
(c) take necessary steps as provided under sections 15 and 24 of the said Commissions for Protection of Child Rights Act.
(2) The said Commissions shall, while inquiring into any matters relating to child's right to free and compulsory education under clause (c) of sub-section (1), have the same powers as assigned to them respectively under sections 14 and 24 of the said Commissions for Protection of Child Rights Act.
(3) Where the State Commission for Protection of Child Rights 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.
Section 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 prescribed under sub-section (3) of section 31, as the case may be, as provided under clause (c) of sub-section (1) of section 31.
(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 prescribed under sub-section (3) of section 31, as the case may be, as provided under clause (c) of sub-section (1) of section 31.
Section 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.
(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.
Section 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.
(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.
Section 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.
(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.
Section 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.
Section 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.
Section 38 Power of appropriate Government to make rules. 1 docs
(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;
1[(fa) the manner and the conditions subject to which a child may be held back under sub-section (3) of section 16;]
(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 (d) of sub-section (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.
(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;
1[(fa) the manner and the conditions subject to which a child may be held back under sub-section (3) of section 16;]
(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 (d) of sub-section (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.
1. Ins. by Act 1 of 2019, s. 2 (w.e.f. 1-3-2019).
Section 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.]
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.]
1 Ins. by Act 30 of 2012, s. 8 (w.e.f. 1-8-2012).