Short Ttitle, Extent And Commencement
The short title of this Act is the Right of Children to Free and Compulsory Education Act, 2009. It shall extend to the whole of India except the State of Jammu and Kashmir. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Subject to the provisions of Articles 29 and 30 of the Constitution, the provisions of this Act shall apply in relation to providing the right of children to free and compulsory education. Nothing in this Act shall apply to Madrasas, Vedic Pathshalas and educational institutions imparting mainly religious education.
Definitions In this Act, unless the context otherwise requires, ‘appropriate Government’, in relation to a school established, owned or controlled by the Central Government or the Administrator of a Union territory having no Legislature in relation to a school established within the territory of a State, other than a school specified in sub-section (1), the Central Government, the State Government; in relation to a school established within a Union territory having a Legislature, means the Government of that Union territory; “capita fee” means any kind of donation or contribution or payment other than the fees notified by the school.
“child” means a boy or girl of the age of six to fourteen years; A child belonging to a disadvantaged group (a child with or without a disability) belonging to the Scheduled Castes, Scheduled Tribes, socially and educationally backward classes or by reason of social, cultural, economic, geographical, linguistic, gender or such other factor as may be prescribed by the appropriate Government, any child belonging to such other disadvantaged group as may be specified by notification.
‘child belonging to weaker section’ means a child of a parent or guardian whose annual income is less than the minimum limit specified by the appropriate Government, by notification; ‘child with disability’ includes the following: ‘disabled’ a child as defined in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996) a person with disability as defined in clause (a) of section 2 of the Trust for Welfare of Persons with Cerebral Palsy.
Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999); ‘a child with severe multiple disability’ as defined in clause (o) of section 2 of the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999); “elementary education” means education from the first grade to the eighth grade; “guardian”, in relation to a child, means any person having the care and custody of that child and includes a natural guardian or a guardian appointed or declared by any court or by any law.
“local authority” means a Municipal Corporation or Municipal Council or District Council or Nagar Panchayat or Panchayat, by whatever name called, and includes any local authority in any town, city or village having administrative control over the school; such other local authority or body as is empowered by or under any law for the time being in force to act in National Commission for Protection of Child Rights means the National Commission for Protection of Child Rights constituted under section 3 of the Commission for Protection of Child Rights Act, 2005 (4 of 2006).
“notification” means a notification published in the Official Gazette; ‘parent’ means the natural or step or adoptive father or mother of a child; (l) “prescribed” means prescribed by rules made under this Act; “Schedule” means a Schedule annexed to this Act; “school” means a recognized school imparting elementary education and includes any school established, owned or controlled by the appropriate Government or a local authority, meeting the whole or part of its expenditure from the appropriate Government or local authority.
any aided school receiving aid or grant for; any school of the specified category; and an unaided school not in receipt of any aid or grant from the appropriate Government or local authority to meet the whole or part of its expenditure shall, by means of a ‘screening process’, in any form of preference over others other than in an unspecified manner, means the method of selection for the admission of a child; ‘specified category’, in relation to a school, means a school known as Kendriya Vidyalaya, Navodaya Vidyalaya, Sainik Vidyalaya or such other school with any distinctive feature as may be specified by the appropriate.
Government, by notification, State Child Rights Protection Commission means the State Commission for Protection of Child Rights constituted under section 3 of the Commission for Protection of Child Rights Act, 2005 (4 of 2006).
Right To Free And Compulsory Education
RTE 2009 or Right of Children to Free and Compulsory Education Act is one of the most important topic in the field of education today. Shibir Hindi Internet presents its original article for its readers. All the important things are being informed to you in this article. Efforts will continue to give you the latest information in the near future.
Right To Free And Compulsory Child Education
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 attend free and compulsory education in a neighborhood school until the completion of his elementary education. Will have the right to education. For the purposes of sub-section (1), no child shall be liable to pay any fee or such charges or expenses as may prevent him from pursuing and completing elementary education. without prejudice to the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation).
Act, 1995 (1 of 1996), to a child with a disability referred to in sub-clause (a) of clause (mm) of section 2, and section 2 A child referred to in sub-clause (B) and sub-clause (C) of clause (mm) of the Act shall have the same rights to free and compulsory elementary education as are provided under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. children with disabilities under the provisions of Chapter V but with ‘multiple disabilities’ referred to in clause (h) of section 2 of the National Trust for the Welfare of Persons with Autism.
Cerebral Palsy and Multiple Disabilities Act, 1999 (44 of 1999) A child suffering from mental retardation and a child suffering from ‘severe multiple disability’ referred to in clause (o) shall also have the right to opt for home-based education. Special provision for children who have not been admitted or have not completed elementary education- Where a child above the age of six years has not been admitted to a school or has been admitted but has not completed his elementary education.
he shall be admitted in a class appropriate to his age Provided that where a child is admitted directly to a class appropriate to his age, he shall, in order to be at par with other children, shall have the right to receive special training in such manner and within such time limit as may be prescribed: Provided further that a child so admitted to elementary education shall not be allowed to complete elementary education even after the age of fourteen years. Will be entitled to free education.
Right to transfer to another school Where there is no provision for completion of elementary education in a school, a child may, except in a school specified in sub-clause (iii) and sub-clause (iv) of clause (n) of section 2, Will have the right to transfer to another school for completion. Where a child is required to move from one school to another school within or outside any State for any reason, such child shall be provided the facilities specified in sub-clauses (iii) and sub-clauses (iv) of clause (n) of section 2.
shall have the right to transfer to any other school, except the school, to complete his elementary education. For taking admission in such other school, the head teacher or in-charge of the school where such child was last admitted shall forthwith issue a transfer certificate but delay in production of transfer certificate shall not amount to delay in admission to such other school or shall not be a ground for refusal of admission provided further that the head teacher or in-charge of the school delaying the issue of transfer certificate shall be liable to disciplinary action under the service rules applicable to him/her.
Duties Of Appropriate Government, Local Authority And Parents
Duty of appropriate Government and local authority to establish a school In order to carry out the provisions of this Act, the appropriate Government and the local authority shall, within a period of three years from the commencement of this Act, within such area or such limits of the locality as may be prescribed, where the school is not so established, Will set up a school. Sharing of financial and other responsibilities It shall be the concurrent responsibility of the Central Government and the State Government to provide funds for carrying out the provisions of this Act.
The Central Government shall prepare estimates of capital and recurring expenditure for the implementation of the provisions of this Act (RTE 2009). The Central Government shall make available to the State Governments such percentage of the expenditure referred to in sub-section (2) by way of grants-in-aid of the revenues, as it may, from time to time, determine in consultation with the State Governments.
The Central Government may request 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 made available to the State Government, so that the said State Government may, under this Act, provide its share of funds to implement the provisions of the Notwithstanding anything contained in sub-section (4), the State Government shall, having regard to the sums provided to the State Government by the Central Government under sub-section (3) and its other resources, provide funds for the implementation of the provisions of this Act.
Will be responsible for The Central Government shall, with the assistance of the academic authority specified under section 29, develop a framework for the national programme. Develop and implement standards for teachers’ training; Provide technical assistance and resources to the State Government for promotion of innovation, research, planning and capacity building.
Duties of appropriate Government – The appropriate Government shall,- provide free and compulsory elementary education to every child Provided that where a child is provided by his parent or guardian, as the case may be, established, owned, controlled or directly by the appropriate Government or a local authority or indirectly to a school other than a school substantially financed by the funds provided, such child or his parent or guardian, as the case may be, to reimburse the expenditure incurred on the primary education of the child in such other school shall not be entitled to make any claim.
Explanation – ‘Compulsory education’, the appropriate government to provide free primary education to every child of the age of six to fourteen years; and to ensure compulsory admission, attendance and completion of elementary education by every child of the age of six to fourteen years, shall ensure the availability of schools in the vicinity as specified in section 6, shall ensure that the weaker sections children belonging to the OBC and children belonging to disadvantaged groups are not discriminated against and are not prevented from pursuing and completing elementary education on any grounds.
shall provide infrastructure, including school buildings, teaching staff and educational equipment, in section 4. Provide specified special training facilities Ensure entry, attendance and completion of elementary education by every child and ensure quality elementary education conforming to the norms and standards specified in the monitoring schedule Timely prescribe curriculum and courses for elementary education Will ensure to go; And will provide training facility for teachers.
Duties of local authority- Every local authority shall provide free and compulsory elementary education to every child Provided that where a child is provided by his parent or guardian, as the case may be, established, owned, controlled or directly by the appropriate Government or any local authority, or is admitted to a school other than a school substantially financed by funds provided indirectly, such child or his parent or guardian, as the case may be, shall make a provision for reimbursement of the expenditure incurred on the primary education of the child in such other school.
shall not be entitled to claim shall ensure availability of schools in the neighborhood as specified in section 6 shall ensure that children belonging to weaker sections and children belonging to disadvantaged groups are not discriminated against and prevented from pursuing and completing elementary education on any ground do not be maintain records of children up to the age of fourteen years residing within his jurisdiction, in such manner as may be prescribed, ensure and monitor admission, attendance and completion of elementary education by every child residing within his jurisdiction.
provide infrastructure, including school buildings, teaching staff and learning materials; provide special training facilities specified in section 4; ensure good quality elementary education conforming to the standards and standards specified in the Schedule; prepare curricula and courses for elementary education; ensure timely enrollment of children; provide training facilities for teachers; ensure admission of children from migrant families; monitor the functioning of schools within its jurisdiction; and will decide the academic calendar.
Duties of parents and guardians It shall be the duty of every parent or guardian to admit or cause to be admitted his child or ward, as the case may be, to any elementary education school in the neighborhood. Provision for pre-school education by the appropriate Government with a view to prepare children above the age of three for primary education and to provide for early childhood care and education for all children until they complete the age of six years From the appropriate government, for such children.
Responsibilities Of Schools And Teachers
Extent of responsibility of school for free and compulsory education For the purposes of this Act (RTE 2009),- A school specified in sub-clause (i) of clause (n) of section 2 shall provide free and compulsory elementary education to all children admitted therein Provided that a school specified in sub-clause (ii) of clause (n) of section 2 shall provide, to such proportion of the children admitted therein, as is, from its annual recurring expenditure, not less than twenty-five per cent. of its annual recurring aid or grant so received.
Provided that any school specified in sub-clause (iii) and sub-clause (iv) of clause (n) of section 2 shall provide free and compulsory elementary education in the first grade to the children belonging to the weaker sections and disadvantaged groups in the neighbourhood, shall admit to the extent of not less than twenty-five per cent of the total number of children and shall provide free and compulsory elementary education until its completion: Provided further that where a school specified in clause (n) of section 2 imparts pre-school education, where the provisions of clauses (a) to (c) apply to such pre-school education will apply to admission.
Per child expenditure incurred by the State of a school specified in sub-clause (iv) of clause (n) of section 2 providing free and compulsory primary education as specified in clause (c) of sub-section (1), of the expenditure so incurred by it or the actual amount charged from the child, whichever is less, in such manner as may be prescribed, provided that such reimbursement shall be made by a school specified in sub-clause (i) of clause (n) of section 2.
Provided further that where such school provides free education to a number of children already specified by virtue of its obtaining any land, building, equipment or other facilities, either free of cost or at concessional rates, is under an obligation to provide, such school shall not be entitled to reimbursement to the extent of such obligation. Every school shall provide such information as may be required by the appropriate Government or the local authority, as the case may be.
No capitation fee for admission and no screening process No school or person, while admitting a child, shall collect any capitation fee and shall not subject the child or his parent or guardian to any screening process. 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 ten times the capitation fee charged; shall be punishable with fine which may extend to twenty-five thousand rupees for the first contravention and to fifty thousand rupees for every subsequent contravention.
Proof of age for admission On the basis of the certificate of birth issued in accordance with the provisions of the Age of a Child, Births, Deaths and Marriages Registration Act, 1886 (6 of 1886) or such other document for the purposes of admission to primary education shall be determined on such basis as may be prescribed. No child shall be denied admission in any school for want of proof of age.
Admission not to be refused A child shall be admitted to a school at the commencement of the academic year or within such extended period as may be prescribed, but no child shall be refused admission if such admission is made after such extended period Provided further that a child admitted after the extended period shall complete his studies in such manner as may be prescribed by the appropriate Government. Prohibition of retention and expulsion No child admitted to a school shall be held back in any class or expelled from the school until he completes his elementary education.
Prohibition of physical punishment and mental harassment of the child No child shall be subjected to physical punishment or mental harassment. Whoever contravenes the provisions of sub-section (1) shall be liable to disciplinary action under the service rules applicable to such person. 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 a local authority, may, after the commencement of this Act.
from such authority, in such form and in such manner, shall be established or function without obtaining a certificate of recognition by making such application as may be prescribed. The prescribed authority under sub-section (1) shall issue a 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 unless it meets the standards and standards specified under section 19.
On violation of the conditions of recognition, the prescribed authority shall, by order in writing, withdraw the recognition, provided that such order shall contain a direction as to the school in the neighborhood to which the children studying in the unrecognized school shall be admitted, provided further that such Recognition shall not be withdrawn without giving an opportunity of being heard to such school, in such manner as may be prescribed. Such school shall cease to function from the date of withdrawal of recognition under sub-section (3).
Any person who establishes or runs a school without obtaining a certificate of recognition or continues to run a school after recognition has been withdrawn, shall be punished with fine which may extend to one lakh rupees and in the case of continuing contravention, with fine which may extend to Rs. shall be liable to fine which may extend to ten thousand rupees for every day during which such contravention continues. Values and standards of school – No school shall be established, or recognized under section 18, unless it fulfills the values and standards specified in the Schedule.
Where a school established before the commencement of this Act does not meet the standards and standards specified in the Schedule, it shall, at its own cost, take steps to meet such standards and standards within a period of three years from the date of such commencement. Where a school fails to meet the norms and standards within the period specified under sub-section (2), the authority prescribed under sub-section (1) of section 18 shall cancel the recognition granted to such school in accordance with sub-section (3) thereof.
withdraw it in the manner specified under. A school shall not continue to function from the date of withdrawal of recognition under sub-section (3). Any person who continues to run a school after the recognition has been withdrawn, shall be punished with fine which may extend to one lakh rupees and, in the case of a continuing contravention, with ten thousand rupees for every day during which the contravention continues. shall be liable to fine of Rs. power to amend the schedule The Central Government may, by notification, amend the Schedule by adding therein to or omitting from it any value or standard.
school management committee A school other than a school specified in sub-clause (iv) of clause (n) of section 2, a school management committee consisting of the local authority, parents or guardians of children admitted to such school and elected representatives of teachers provided that at least three-fourth of the members of such committee shall be parents or guardians. Provided further that proportionate representation shall be given to parents or guardians of children belonging to disadvantaged groups and weaker sections, provided also that such committee Fifty percent of the members shall be women.
The School Management Committee shall perform the following functions, namely – Monitoring the functioning of the school; prepare and recommend the School Development Plan; monitoring the utilization of grants received from the appropriate Government or local authority or any other source; and to perform such other functions as may be prescribed, Provided that,- a school established and administered by a minority, whether religion based or language based; and in relation to all other aided schools as defined in sub-clause (ii) of clause (n) of section 2, the School Management Committee constituted under sub-section (1) shall perform advisory functions only.
Curriculum And Completion Of Elementary Education
Curriculum and evaluation procedure The curriculum for elementary education and its evaluation procedure shall be laid down by the education authority to be specified, by notification, by the appropriate Government. The education authority shall, while laying down the curriculum and evaluation procedure under sub-section (1), have regard to the following factors, namely:- Conformity with the values enshrined in the Constitution; all round development of the child; To build up the child’s knowledge, potential, ability; development of physical and mental abilities to the fullest extent.
teaching through activities, exposure and discovery in a child-friendly and child-centred manner; the medium of instruction shall, as far as practicable, be in the mother tongue of the child; To make the child free from fear, trauma and anxiety and to help the child to express himself freely; Comprehensive and continuous assessment of the child’s understanding and ability to use it. Examination and Completion Certificate No child shall be required to pass any Board examination until the completion of elementary education. Every child who has completed his elementary education shall be given a certificate in such form and manner as may be prescribed.
Protection Of Children’s Rights
monitoring the child’s right to education by the National Commission for Protection of Child Rights constituted under section 3 or the State Commission for Protection of Child Rights constituted under section 17, as the case may be, of the Commission for Protection of Child Rights Act, 2005 (4 of 2006) In addition to the functions assigned to him, he shall also perform the following functions, namely, to examine and review the safeguards of rights provided by or under this Act and to recommend measures for their effective implementation; to inquire into complaints relating to the right of the child to free and compulsory education.
And to take necessary measures as provided under section 15 and section 24 of the said Commission for Protection of Child Rights Act. The said Commissions shall have the same powers under clause (c) of sub-section (1) while inquiring into any matter relating to the right of the child to free and compulsory education, as under section 14 and section 24 respectively of the said Commission for Protection of Child Rights Act. assigned to them under.
Where a State Commission for Protection of Child Rights has not been constituted in any State, the appropriate Government may, for the purpose of performing the functions specified in clauses (a) to (c) of sub-section (1), in such manner and on such terms and conditions, subject to such conditions as may be prescribed, may constitute such authority. Redressal of complaints Notwithstanding anything contained in section 31, any person who has a complaint in relation to the rights of a child under this Act, may make a complaint in writing to the local authority having jurisdiction.
After receipt of a complaint under sub-section (1), the local authority shall, after giving a reasonable opportunity of being heard to the parties concerned, dispose of the matter within a period of three months. Any person aggrieved by the decision of the local authority may prefer an appeal to the State Commission for Protection of Child Rights or to the authority prescribed under sub-section (3) of section 31, as the case may be.
The appeal made under sub-section (3) shall be decided by the State Commission for Protection of Child Rights as provided under clause (c) of sub-section (1) of section 31 or the authority prescribed under sub-section (3) of section 31, as the case may be . Constitution of National Advisory Council The Central Government shall, by notification, constitute a National Advisory Council consisting of such number of members, not exceeding fifteen, as the Central Government may consider necessary, to be appointed by persons having knowledge and practical experience in the field of elementary education and child development.
Will be done out of The functions of the National Advisory Council shall be to advise the Central Government regarding the effective implementation of the provisions of the Act. The allowances and other terms and conditions of appointment of the members of the National Advisory Council shall be such as may be prescribed. Constitution of State Advisory Council The State Government shall, by notification, constitute a State Advisory
Council consisting of such number of members, not exceeding fifteen, as the State Government may consider necessary, to be appointed from among persons having knowledge and practical experience in the field of elementary education and child development. Will be done from The functions of the State Advisory Council shall be to advise the State Government regarding the effective implementation of the provisions of the Act. The allowances and other terms and conditions of appointment of the members of the State Advisory Council shall be such as may be prescribed.
Scattered
Power to issue directions The Central Government may issue such guidelines to the appropriate Government or the local authority, as the case may be, as it thinks fit for the purposes of carrying out the provisions of this Act. The appropriate Government may, in connection with the implementation of the provisions of this Act, issue such guidelines and give such directions to the local authority or the School Management Committee as it may deem fit.
The local authority may issue such guidelines and give such directions to the School Management Committee in connection with the implementation of the provisions of this Act as it thinks fit. Prior sanction for prosecution No prosecution for offenses punishable under sub-section (2) of section 13, sub-section (5) of section 18 and sub-section (5) of section 19 may be made by the appropriate Government, by notification, with the prior sanction of an officer authorized in this behalf. Will not be installed without approval.
Protection of action taken in good faith Any suit, or other legal proceeding in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder, Child Rights Protection Commission, State Commission for Protection of Child Rights, Local Authority, School Management Committee or against any person. Power of appropriate Government to make rules The appropriate Government may, by notification, make rules for carrying out the provisions of the Act.
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:— the area or limits for the establishment of a neighborhood school under section 6, the manner of maintaining records of children up to the age of fourteen years under clause (d) of section 9; Manner and extent of reimbursement of expenses under sub-section (2) of section 12 Any other document for determining the age of the child under sub-section (1) of section 14.
Extended period for taking admission under section 15 and if extended period the manner of completion of studies if admission is taken after the authority, the form and the manner in which an application for a certificate of recognition shall be made under sub-section (1) of section 18; the form, duration, manner and conditions of issue of certificate of recognition under sub-section (2) of section 18, the manner of providing an opportunity of being heard under the second proviso to sub-section (3) of section 18.
the other functions to be performed by the School Management Committee under clause (d) of sub-section (2) of section 21, the manner of preparation of school development plan under sub-section (1) of section 22; the salary and allowances payable to, and the terms and conditions of service of, a teacher under sub-section (3) of section 23; the duties to be performed by a teacher under clause (f) of sub-section (1) of section 24; the manner of redressal of grievances of teachers under sub-section (3) of section 24
the form and manner of grant of certificate of completion of elementary education under sub-section (2) of section 30; Authority, manner of constitution and terms and conditions thereof under sub-section (3) of section 31, allowances and other terms and conditions of appointment of members of the National Advisory Council under sub-section (3) of section 33, sub-section (3) of section 34 (3) The allowances and other terms and conditions of appointment of the members of the State Advisory Council under.
Every rule made by the Central Government under this Act and every notification issued by the Central Government under sections 20 and 23 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. Will be kept for This period may be completed in one session or in two or more consecutive sessions. If before the expiration of that session or the session immediately following the successive sessions aforesaid, both the Houses agree to any change in the rule or notification, it shall thereafter have effect only in such modified form.
If before the said expiry both the Houses agree that the rule or notification should not be made, it shall thereafter cease to have effect. so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. 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 Legislature. Power of Central Government to remove difficulties If any difficulty arises in giving effect to the provisions of this Act (RTE 2009).
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 necessary to remove the difficulty: Provided that no order under this section shall be made after three years from the commencement of the Right of Children to Free and Compulsory Education (Amendment) Act, 2012. Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.