THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 27th August, 2009/Bhadra 5, 1931 (Saka)
The following Act of Parliament received the assent of the President on the
26th August, 2009 and is hereby published for general information:-
THE RIGHT OF CHILDREN TO FREE AND COMPULSORY
EDUCATION ACT, 2009
No. 35 OF 2009
[26th August, 2009]
An Act to provide for free and compulsory education to all children of the
age of six to fourteen years.
BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Right of Children to Free and Compulsory
Education Act, 2009.
(2) It shall extend to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,-
(a) “appropriate Government” means-
(i) in relation to a school established, owned or controlled by the Central
Government, or the administrator of the Union territory, having no legislature, the
Central Government;
(ii) in relation to a school, other than the school referred to in sub-clause (i),
established within the territory of-
(A) a State, the State Government;
(B) a Union territory having legislature, the Government of that Union
territory;
(b) “capitation fee” means any kind of donation or contribution or payment
other than the fee notified by the school;
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(c) “child” means a male or female child of the age of six to fourteen years;
(d) “child belonging to disadvantaged group” means a child belonging to the
Scheduled Caste, the Scheduled Tribe, 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;
(e) “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;
(f) “elementary education” means the education from first class to eighth
(g) “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;
(h) “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;
(i) “National Commission for Protection of Child Rights” means the National
Commission for Protection of Child Rights constituted under section 3 of the
Commissions for Protection of Child Rights Act, 2005;
(j) “notification” means a notification published in the Official Gazette;
(k) “parent” means either the natural or step or adoptive father or mother of a
(l) “prescribed” means prescribed by rules made under this Act;
(m) “Schedule” means the Schedule annexed to this Act;
(n) “school” means any recognized school imparting elementary education
and includes-
(i) a school established, owned or controlled by the appropriate
Government or a local authority;
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(ii) an aided school receiving aid or grants to meet whole or part of its
expenses from the appropriate Government or the local authority;
(iii) a school belonging to specified category; and
(iv) an unaided school not receiving any kind of aid or grants to meet its
expenses from the appropriate Government or the local authority;
(o) “screening procedure” means the method of selection for admission of a
child, in preference over another, other than a random method;
(p) “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;
(q) “State Commission for Protection of Child Rights” means the State
Commission for Protection of Child Rights constituted under section 3 of the
Commissions for Protection of Child Rights Act, 2005.
CHAPTER II
RIGHT TO FREE AND COMPULSORY EDUCATION
3. (1) Every child of the age of six to fourteen years shall have a right to free and
compulsory education in a neighbourhood school till completion of elementary
(2) For the purpose of sub-section (1), no child shall be liable to pay any kind of
fee or charges or expenses which may prevent him or her from pursuing and
completing the elementary education:
Provided that a child suffering from disability, as defined in clause (i) of
section 2 of the Persons with Disabilities (Equal Opportunities, Protection and Full
Participation) Act 1996, shall have the right to pursue free and compulsory
elementary education in accordance with the provisions of Chapter V of the said
4. Where a child above six years of age has not been admitted in any school or
though admitted, could not complete his or her elementary education, then, he or she
shall be admitted in a class appropriate to his or her age:
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Provided that where a child is directly admitted in a class appropriate to his
or her age, then, he or she shall, in order to be at par with others, have a right to
receive special training, in such manner, and within such time-limits, as may be
Provided further that a child so admitted to elementary education shall be
entitled to free education till completion of elementary education even after fourteen
5. (1) Where in a school, there is no provision for completion of elementary
education, a child shall have a right to seek transfer to any other school, excluding
the school specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for
completing his or her elementary education.
(2) Where a child is required to move from one school to another, either within a
State or outside, for any reason whatsoever, such child shall have a right to seek
transfer to any other school, excluding the school specified in sub-clauses (iii)
and (iv) of clause (n) of section 2, for completing his or her elementary education.
(3) For seeking admission in such other school, the Head-teacher or in-charge of
the school where such child was last admitted, shall immediately issue the transfer
Provided that delay in producing transfer certificate shall not be a ground for
either delaying or denying admission in such other school:
Provided further that the Head-teacher or in-charge of the school delaying
issuance of transfer certificate shall be liable for disciplinary action under the
service rules applicable to him or her.
CHAPTER III
DUTIES OF APPROPRIATE GOVERNMENT, LOCAL AUTHORITY AND
PARENTS
6. For carrying out the provisions of this Act, the appropriate Government and the
local authority shall establish, within such area or limits of neighbourhood, as may
be prescribed, a school, where it is not so established, within a period of three years
from the commencement of this Act.
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7. (1) The Central Government and the State Governments shall have concurrent
responsibility for providing funds for carrying out the provisions of this Act.
(2) The Central Government shall prepare the estimates of capital and recurring
expenditure for the implementation of the provisions of the Act.
(3) The Central Government shall provide to the State Governments, as grants-
in-aid of revenues, such percentage of expenditure referred to in sub-section (2) as it
may determine, from time to time, in consultation with the State Governments.
(4) The Central Government may make a request to the President to make a
reference to the Finance Commission under sub-clause (d) of clause (3) of article
280 to examine the need for additional resources to be 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.
(5) Notwithstanding anything contained in sub-section (4), the State Government
shall, taking into consideration the sums provided by the Central Government to a
State Government under sub-section (3), and its other resources, be responsible to
provide funds for implementation of the provisions of the Act.
(6) The Central Government shall-
(a) develop a framework of national curriculum with the help of academic
authority specified under section 29;
(b) develop and enforce standards for training of teachers;
(c) provide technical support and resources to the State Government for
promoting innovations, researches, planning and capacity building.
8. The appropriate Government shall-
(a) provide free and compulsory elementary education to every child:
Provided that where a child is admitted by his or her parents or guardian, as
the case may be, in a school other than a school established, owned, controlled or
substantially financed by funds provided directly or indirectly by the appropriate
Government or a local authority, such child or his or her parents or guardian, as the
case may be, shall not be entitled to make a claim for reimbursement of expenditure
incurred on elementary education of the child in such other school.
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Explanation:- The term “compulsory education” means obligation of the
appropriate Government to-
(i) provide free elementary education to every child of the age of six to
fourteen years; and
(ii) ensure compulsory admission, attendance and completion of elementary
education by every child of the age of six to fourteen years;
(b) ensure availability of a neighbourhood school as specified in section 6;
(c) 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.
(d) provide infrastructure including school building, teaching staff and
learning equipment;
(e) provide special training facility specified in section 4;
(f) ensure and monitor admission, attendance and completion of elementary
education by every child;
(g) ensure good quality elementary education conforming to the standards
and norms specified in the Schedule;
(h) ensure timely prescribing of curriculum and courses of study for
elementary education; and
(i) provide training facility for teachers.
9. Every local authority shall-
(a) provide free and compulsory elementary education to every child;
Provide that where a child is admitted by his or her parents or guardian, as
the case may be, in a school other than a school established, owned, controlled or
substantially financed by funds provided directly or indirectly by the appropriate
Government or a local authority, such child or his or her parents or guardian, as the
case may be, shall not be entitled to make a claim for reimbursement of expenditure
incurred on elementary education of the child in such other school;
(b) ensure availability of a neighbourhood school as specified in section 6;
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(c) 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;
(d) maintain records of children up to the age of fourteen years residing
within its jurisdiction, in such manner as may be prescribed;
(e) ensure and monitor admission, attendance and completion of elementary
education by every child residing within its jurisdiction;
(f) provide infrastructure including school building, teaching staff and
learning material;
(g) provide special training facility specified in section 4;
(h) ensure good quality elementary education conforming to the standards
and norms specified in the Schedule;
(i) ensure timely prescribing of curriculum and courses of study for
elementary education;
(j) provide training facility for teachers;
(k) ensure admission of children of migrant families;
(l) monitor functioning of schools within its jurisdiction; and
(m) decide the academic calendar.
10. It shall be the duty of every parent or guardian to admit or cause to be admitted
his or her child or ward, as the case may be, to an elementary education in the
neighbourhood school.
11. With a view to prepare children above the age of three years for elementary
education and to provide early childhood care and education for all children until
they complete the age of six years, the appropriate Government may make necessary
arrangement for providing free pre-school education for such children.
CHAPTER IV
RESPONSIBILITIES OF SCHOOLS AND TEACHERS
12. (1) For the purposes of this Act, a school,-
(a) specified in sub-clause (i) of clause (n) of section 2 shall provide free and
compulsory elementary education to all children admitted therein;
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(b) specified in sub-clause (ii) of clause (n) of section 2 shall provide free and
compulsory elementary education to such proportion of children admitted therein as
its annual recurring aid or grants so received bears to its annual recurring expenses,
subject to a minimum of twenty-five per cent;
(c) specified in sub-clauses (iii) and (iv) of clause (n) of section 2 shall admit
in class I, to the extent of at least twenty-five per cent 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.
Provided further that where a school specified in clause (n) of section 2
imparts pre-school education, the provisions of clauses (a) to (c) shall apply for
admission to such pre-school education.
(2) The school specified in sub-clause (iv) of clause (n) of section 2 providing free
and compulsory elementary education as specified in clause (c) of sub-section (1)
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, in such manner as may be prescribed.
Provided that such reimbursement shall not exceed per-child-expenditure
incurred by a school specified in sub-clause (i) of clause (n) of section 2;
Provided further that where such school is already under obligation to
provide free education to a specified number of children on account of it having
received any land, building equipment or other facilities, either free of cost or at a
concessional rate, such school shall not be entitled for reimbursement to the extent
of such obligation.
(3) Every school shall provide such information as may be required by the
appropriate Government or the local authority, as the case may be.
13. (1) No school or person shall, while admitting a child, collect any capitation fee
and subject the child or his or her parents or guardian to any screening procedure.
(2) Any school or person, if in contravention of the provisions of sub-section (1)-
(a) receives capitation fee, shall be punishable with fine which may extend
to ten times the capitation fee charged;
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(b) subjects a child to screening procedure, shall be punishable with fine
which may extend to twenty-five thousand rupees for the first contravention and
fifty thousand rupees for each subsequent contraventions.
14. (1) For the purposes of admission to elementary education, the age of a child
shall be determined on the basis of the birth certificate issued in accordance with the
provisions of the Births, Deaths and Marriages Registration Act, 1886 or on the
basis of such other document, as may be prescribed.
(2) No child shall be denied admission in a school for lack of age proof.
15. A child shall be admitted in a school at the commencement of the academic year
or within such extended period as may be prescribed:
Provided that no child shall be denied admission if such admission is sought
subsequent to the extended period:
Provided further that any child admitted after the extended period shall
complete his studies in such manner as may be prescribed by the appropriate
16. No child admitted in a school shall be held back in any class or expelled from
school till the completion of elementary education.
17. (1) No child shall be subjected to physical punishment or mental harassment.
(2) Whoever contravenes the provisions of sub-section (1) shall be liable to
disciplinary action under the service rules applicable to such person.
18. (1) No school, other than a school established, owned or controlled by the
appropriate Government or the local authority, shall, after the commencement of
this Act, be established or function, without obtaining a certificate of recognition
from such authority, by making an application in such form and manner, as may be
(2) The authority prescribed under sub-section (1) shall issue the certificate of
recognition in such form, within such period, in such manner, and subject to such
conditions, as may be prescribed.
Provided that no such recognition shall be granted to a school unless it fulfils
norms and standards specified under section 19.
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(3) On the contravention of the conditions of recognition, the prescribed
authority shall, by an order in writing, withdraw recognition:
Provided that such order shall contain a direction as to which of the
neighbourhood school, the children studying in the derecognized school, shall be
Provided further that no recognition shall be so withdrawn without giving an
opportunity of being heard to such school, in such manner, as may be prescribed.
(4) With effect from the date of withdrawal of the recognition under sub-
section (3), no such school shall continue to function.
(5) 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 one lakh rupees and in case of continuing
contraventions, to a fine of ten thousand rupees for each day during which such
contravention continues.
19. (1) No school shall be established, or recognized, under section 18, unless it
fulfils the norms and standards specified in the Schedule.
(2) Where a school established before the commencement of this Act does not
fulfill the norms and standards specified in the Schedule, it shall take steps to fulfill
such norms and standards at its own expenses, within a period of three years from
the date of such commencement.
(3) Where a school fails to fulfill the norms and standards within the period
specified under sub-section (2), the authority prescribed under sub-section (1) of
section 18 shall withdraw recognition granted to such school in the manner specified
under sub-section (3) thereof.
(4) With effect from the date of withdrawal of recognition under sub-section (3),
no school shall continue to function.
(5) Any person who continues to run a school after the recognition is withdrawn,
shall be liable to fine which may extend to one lakh rupees and in case of continuing
contraventions, to a fine of ten thousand rupees for each day during which such
contravention continues.
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20. The Central Government may, by notification, amend the Schedule by adding to,
or omitting there from, any norms and standards.
21. (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
Provided also that fifty per cent of Members of such Committee shall be
(2) The School Management Committee shall perform the following functions,
(a) monitor the working of the school;
(b) prepare and recommended 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.
22. (1) Every School Management Committee, constituted under sub-section (1) of
section 21, shall prepare a School Development Plan, in such manner as 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.
23. (1) Any person possessing such minimum qualifications, as laid down by an
academic authority, authorized 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
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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.
(3) The salary and allowances payable to, and the terms and conditions of service
of teachers shall be such as may be prescribed.
24. (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
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.
25. (1) Within six months 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.
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(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
26. 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 local sanctioned strength.
27. No teacher shall be deployed for any non-educational purposes other than the
decennial population census, disaster relief duties or duties relating to elections to
the local authority or the State Legislatures or Parliament, as the case may be.
28. No teacher shall engage himself or herself in private tuition or private teaching
CHAPTER V
CURRICULUM AND COMPLETION OF ELEMENTARY EDUCATION
29. (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
(g) making the child free of fear, trauma and anxiety and helping the child to
express views freely;
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(h) comprehensive and continuous evaluation of child’s understanding of
knowledge and his or her ability to apply the same.
30. (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.
CHAPTER VI
PROTECTION OF RIGHT OF CHILDREN
31. (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, 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
(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
32. (1) Not withstanding 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.
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(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.
33. (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.
34. (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
(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.
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CHAPTER VII
MISCELLANEOUS
35. (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.
36. 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 authorized in this behalf, by the appropriate
Government, by notification.
37. 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
38. (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
(c) the manner of maintenance of records of children up to the age of fourteen
years, under clause (d) of section 9;
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(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)
(f) the extended period for admission and the manner of completing study if
admitted after the extended period, under section 15;
(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)
(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
(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
therefore, 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.
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(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.
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THE SCHEDULE
(See sections 19 and 25)
NORMS AND STANDARDS FOR A SCHOOL
No Item Norms and Standards
1. Number of teachers:
(a) For first class to fifth
(b) For sixth class to
eighth class
Admitted children Number of teachers
Up to Sixty Two
Between sixty-one to
ninety
Between Ninety-one to
one hundred and
twenty
Between One hundred
and twenty-one to two
hundred
Above One hundred
and fifty children
Above Two hundred
children
(1) At least one teacher per class so that there shall be at
least one teacher each for
(i) Science and Mathematics
(ii) Social Studies
(iii) Languages
(2) At least one teacher for every thirty-five children.
(3) Where admission of children is above one hundred
(i) a full time head teacher;
(ii) Part time instructors for-
Three
Four
Five
Five plus one Head teacher
Pupil-Teacher Ratio (excluding
Head teacher) shall not exceed
forty
i. Art Education;
ii. Health and Physical
Education;
iii. Work Education
2. Building All weather building consisting of-
(i) at least one class-room for every teacher and an
office-cum-store-cum-Head teacher’s room;
(ii) barrier-free access;
(iii) separate toilets for boys and girls;
(iv) safe and adequate drinking water facility to all
children;
(v) a kitchen where mid-day meal is cooked in the
school;
(vi) Playground;
(vii) arrangements for securing the school building by
boundary wall or fencing
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3. Minimum number of
days/instructional hours
in an academic year
(i) two hundred working days for first class to fifth class
(ii) two hundred and twenty working days for sixth class
to eighth class;
(iii) eight hundred instructional hours per academic year
for first class to fifth class;
(iv) one thousand instructional hours per academic year
for sixth class to eighth class.
Forty-five teaching including preparation hours.
4. Minimum number of
working hours per week
for the teacher
5. Teaching learning
6. Library There shall be a library in each school providing
Shall be provided to each class as required.
newspaper, magazines and books on all subjects,
including story-books.
Shall be provided to each class as required.
7. Play material, games and
sports equipment
T.K. VISWANATHAN,
Secretary to the Govt. of India
(Legislative Department)
New Delhi, the 27th August, 2009/Bhadra 5, 1931 (Saka)
The following Act of Parliament received the assent of the President on the
26th August, 2009 and is hereby published for general information:-
THE RIGHT OF CHILDREN TO FREE AND COMPULSORY
EDUCATION ACT, 2009
No. 35 OF 2009
[26th August, 2009]
An Act to provide for free and compulsory education to all children of the
age of six to fourteen years.
BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Right of Children to Free and Compulsory
Education Act, 2009.
(2) It shall extend to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,-
(a) “appropriate Government” means-
(i) in relation to a school established, owned or controlled by the Central
Government, or the administrator of the Union territory, having no legislature, the
Central Government;
(ii) in relation to a school, other than the school referred to in sub-clause (i),
established within the territory of-
(A) a State, the State Government;
(B) a Union territory having legislature, the Government of that Union
territory;
(b) “capitation fee” means any kind of donation or contribution or payment
other than the fee notified by the school;
1
(c) “child” means a male or female child of the age of six to fourteen years;
(d) “child belonging to disadvantaged group” means a child belonging to the
Scheduled Caste, the Scheduled Tribe, 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;
(e) “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;
(f) “elementary education” means the education from first class to eighth
(g) “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;
(h) “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;
(i) “National Commission for Protection of Child Rights” means the National
Commission for Protection of Child Rights constituted under section 3 of the
Commissions for Protection of Child Rights Act, 2005;
(j) “notification” means a notification published in the Official Gazette;
(k) “parent” means either the natural or step or adoptive father or mother of a
(l) “prescribed” means prescribed by rules made under this Act;
(m) “Schedule” means the Schedule annexed to this Act;
(n) “school” means any recognized school imparting elementary education
and includes-
(i) a school established, owned or controlled by the appropriate
Government or a local authority;
2
(ii) an aided school receiving aid or grants to meet whole or part of its
expenses from the appropriate Government or the local authority;
(iii) a school belonging to specified category; and
(iv) an unaided school not receiving any kind of aid or grants to meet its
expenses from the appropriate Government or the local authority;
(o) “screening procedure” means the method of selection for admission of a
child, in preference over another, other than a random method;
(p) “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;
(q) “State Commission for Protection of Child Rights” means the State
Commission for Protection of Child Rights constituted under section 3 of the
Commissions for Protection of Child Rights Act, 2005.
CHAPTER II
RIGHT TO FREE AND COMPULSORY EDUCATION
3. (1) Every child of the age of six to fourteen years shall have a right to free and
compulsory education in a neighbourhood school till completion of elementary
(2) For the purpose of sub-section (1), no child shall be liable to pay any kind of
fee or charges or expenses which may prevent him or her from pursuing and
completing the elementary education:
Provided that a child suffering from disability, as defined in clause (i) of
section 2 of the Persons with Disabilities (Equal Opportunities, Protection and Full
Participation) Act 1996, shall have the right to pursue free and compulsory
elementary education in accordance with the provisions of Chapter V of the said
4. Where a child above six years of age has not been admitted in any school or
though admitted, could not complete his or her elementary education, then, he or she
shall be admitted in a class appropriate to his or her age:
3
Provided that where a child is directly admitted in a class appropriate to his
or her age, then, he or she shall, in order to be at par with others, have a right to
receive special training, in such manner, and within such time-limits, as may be
Provided further that a child so admitted to elementary education shall be
entitled to free education till completion of elementary education even after fourteen
5. (1) Where in a school, there is no provision for completion of elementary
education, a child shall have a right to seek transfer to any other school, excluding
the school specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for
completing his or her elementary education.
(2) Where a child is required to move from one school to another, either within a
State or outside, for any reason whatsoever, such child shall have a right to seek
transfer to any other school, excluding the school specified in sub-clauses (iii)
and (iv) of clause (n) of section 2, for completing his or her elementary education.
(3) For seeking admission in such other school, the Head-teacher or in-charge of
the school where such child was last admitted, shall immediately issue the transfer
Provided that delay in producing transfer certificate shall not be a ground for
either delaying or denying admission in such other school:
Provided further that the Head-teacher or in-charge of the school delaying
issuance of transfer certificate shall be liable for disciplinary action under the
service rules applicable to him or her.
CHAPTER III
DUTIES OF APPROPRIATE GOVERNMENT, LOCAL AUTHORITY AND
PARENTS
6. For carrying out the provisions of this Act, the appropriate Government and the
local authority shall establish, within such area or limits of neighbourhood, as may
be prescribed, a school, where it is not so established, within a period of three years
from the commencement of this Act.
4
7. (1) The Central Government and the State Governments shall have concurrent
responsibility for providing funds for carrying out the provisions of this Act.
(2) The Central Government shall prepare the estimates of capital and recurring
expenditure for the implementation of the provisions of the Act.
(3) The Central Government shall provide to the State Governments, as grants-
in-aid of revenues, such percentage of expenditure referred to in sub-section (2) as it
may determine, from time to time, in consultation with the State Governments.
(4) The Central Government may make a request to the President to make a
reference to the Finance Commission under sub-clause (d) of clause (3) of article
280 to examine the need for additional resources to be 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.
(5) Notwithstanding anything contained in sub-section (4), the State Government
shall, taking into consideration the sums provided by the Central Government to a
State Government under sub-section (3), and its other resources, be responsible to
provide funds for implementation of the provisions of the Act.
(6) The Central Government shall-
(a) develop a framework of national curriculum with the help of academic
authority specified under section 29;
(b) develop and enforce standards for training of teachers;
(c) provide technical support and resources to the State Government for
promoting innovations, researches, planning and capacity building.
8. The appropriate Government shall-
(a) provide free and compulsory elementary education to every child:
Provided that where a child is admitted by his or her parents or guardian, as
the case may be, in a school other than a school established, owned, controlled or
substantially financed by funds provided directly or indirectly by the appropriate
Government or a local authority, such child or his or her parents or guardian, as the
case may be, shall not be entitled to make a claim for reimbursement of expenditure
incurred on elementary education of the child in such other school.
5
Explanation:- The term “compulsory education” means obligation of the
appropriate Government to-
(i) provide free elementary education to every child of the age of six to
fourteen years; and
(ii) ensure compulsory admission, attendance and completion of elementary
education by every child of the age of six to fourteen years;
(b) ensure availability of a neighbourhood school as specified in section 6;
(c) 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.
(d) provide infrastructure including school building, teaching staff and
learning equipment;
(e) provide special training facility specified in section 4;
(f) ensure and monitor admission, attendance and completion of elementary
education by every child;
(g) ensure good quality elementary education conforming to the standards
and norms specified in the Schedule;
(h) ensure timely prescribing of curriculum and courses of study for
elementary education; and
(i) provide training facility for teachers.
9. Every local authority shall-
(a) provide free and compulsory elementary education to every child;
Provide that where a child is admitted by his or her parents or guardian, as
the case may be, in a school other than a school established, owned, controlled or
substantially financed by funds provided directly or indirectly by the appropriate
Government or a local authority, such child or his or her parents or guardian, as the
case may be, shall not be entitled to make a claim for reimbursement of expenditure
incurred on elementary education of the child in such other school;
(b) ensure availability of a neighbourhood school as specified in section 6;
6
(c) 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;
(d) maintain records of children up to the age of fourteen years residing
within its jurisdiction, in such manner as may be prescribed;
(e) ensure and monitor admission, attendance and completion of elementary
education by every child residing within its jurisdiction;
(f) provide infrastructure including school building, teaching staff and
learning material;
(g) provide special training facility specified in section 4;
(h) ensure good quality elementary education conforming to the standards
and norms specified in the Schedule;
(i) ensure timely prescribing of curriculum and courses of study for
elementary education;
(j) provide training facility for teachers;
(k) ensure admission of children of migrant families;
(l) monitor functioning of schools within its jurisdiction; and
(m) decide the academic calendar.
10. It shall be the duty of every parent or guardian to admit or cause to be admitted
his or her child or ward, as the case may be, to an elementary education in the
neighbourhood school.
11. With a view to prepare children above the age of three years for elementary
education and to provide early childhood care and education for all children until
they complete the age of six years, the appropriate Government may make necessary
arrangement for providing free pre-school education for such children.
CHAPTER IV
RESPONSIBILITIES OF SCHOOLS AND TEACHERS
12. (1) For the purposes of this Act, a school,-
(a) specified in sub-clause (i) of clause (n) of section 2 shall provide free and
compulsory elementary education to all children admitted therein;
7
(b) specified in sub-clause (ii) of clause (n) of section 2 shall provide free and
compulsory elementary education to such proportion of children admitted therein as
its annual recurring aid or grants so received bears to its annual recurring expenses,
subject to a minimum of twenty-five per cent;
(c) specified in sub-clauses (iii) and (iv) of clause (n) of section 2 shall admit
in class I, to the extent of at least twenty-five per cent 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.
Provided further that where a school specified in clause (n) of section 2
imparts pre-school education, the provisions of clauses (a) to (c) shall apply for
admission to such pre-school education.
(2) The school specified in sub-clause (iv) of clause (n) of section 2 providing free
and compulsory elementary education as specified in clause (c) of sub-section (1)
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, in such manner as may be prescribed.
Provided that such reimbursement shall not exceed per-child-expenditure
incurred by a school specified in sub-clause (i) of clause (n) of section 2;
Provided further that where such school is already under obligation to
provide free education to a specified number of children on account of it having
received any land, building equipment or other facilities, either free of cost or at a
concessional rate, such school shall not be entitled for reimbursement to the extent
of such obligation.
(3) Every school shall provide such information as may be required by the
appropriate Government or the local authority, as the case may be.
13. (1) No school or person shall, while admitting a child, collect any capitation fee
and subject the child or his or her parents or guardian to any screening procedure.
(2) Any school or person, if in contravention of the provisions of sub-section (1)-
(a) receives capitation fee, shall be punishable with fine which may extend
to ten times the capitation fee charged;
8
(b) subjects a child to screening procedure, shall be punishable with fine
which may extend to twenty-five thousand rupees for the first contravention and
fifty thousand rupees for each subsequent contraventions.
14. (1) For the purposes of admission to elementary education, the age of a child
shall be determined on the basis of the birth certificate issued in accordance with the
provisions of the Births, Deaths and Marriages Registration Act, 1886 or on the
basis of such other document, as may be prescribed.
(2) No child shall be denied admission in a school for lack of age proof.
15. A child shall be admitted in a school at the commencement of the academic year
or within such extended period as may be prescribed:
Provided that no child shall be denied admission if such admission is sought
subsequent to the extended period:
Provided further that any child admitted after the extended period shall
complete his studies in such manner as may be prescribed by the appropriate
16. No child admitted in a school shall be held back in any class or expelled from
school till the completion of elementary education.
17. (1) No child shall be subjected to physical punishment or mental harassment.
(2) Whoever contravenes the provisions of sub-section (1) shall be liable to
disciplinary action under the service rules applicable to such person.
18. (1) No school, other than a school established, owned or controlled by the
appropriate Government or the local authority, shall, after the commencement of
this Act, be established or function, without obtaining a certificate of recognition
from such authority, by making an application in such form and manner, as may be
(2) The authority prescribed under sub-section (1) shall issue the certificate of
recognition in such form, within such period, in such manner, and subject to such
conditions, as may be prescribed.
Provided that no such recognition shall be granted to a school unless it fulfils
norms and standards specified under section 19.
9
(3) On the contravention of the conditions of recognition, the prescribed
authority shall, by an order in writing, withdraw recognition:
Provided that such order shall contain a direction as to which of the
neighbourhood school, the children studying in the derecognized school, shall be
Provided further that no recognition shall be so withdrawn without giving an
opportunity of being heard to such school, in such manner, as may be prescribed.
(4) With effect from the date of withdrawal of the recognition under sub-
section (3), no such school shall continue to function.
(5) 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 one lakh rupees and in case of continuing
contraventions, to a fine of ten thousand rupees for each day during which such
contravention continues.
19. (1) No school shall be established, or recognized, under section 18, unless it
fulfils the norms and standards specified in the Schedule.
(2) Where a school established before the commencement of this Act does not
fulfill the norms and standards specified in the Schedule, it shall take steps to fulfill
such norms and standards at its own expenses, within a period of three years from
the date of such commencement.
(3) Where a school fails to fulfill the norms and standards within the period
specified under sub-section (2), the authority prescribed under sub-section (1) of
section 18 shall withdraw recognition granted to such school in the manner specified
under sub-section (3) thereof.
(4) With effect from the date of withdrawal of recognition under sub-section (3),
no school shall continue to function.
(5) Any person who continues to run a school after the recognition is withdrawn,
shall be liable to fine which may extend to one lakh rupees and in case of continuing
contraventions, to a fine of ten thousand rupees for each day during which such
contravention continues.
10
20. The Central Government may, by notification, amend the Schedule by adding to,
or omitting there from, any norms and standards.
21. (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
Provided also that fifty per cent of Members of such Committee shall be
(2) The School Management Committee shall perform the following functions,
(a) monitor the working of the school;
(b) prepare and recommended 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.
22. (1) Every School Management Committee, constituted under sub-section (1) of
section 21, shall prepare a School Development Plan, in such manner as 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.
23. (1) Any person possessing such minimum qualifications, as laid down by an
academic authority, authorized 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
11
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.
(3) The salary and allowances payable to, and the terms and conditions of service
of teachers shall be such as may be prescribed.
24. (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
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.
25. (1) Within six months 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.
12
(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
26. 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 local sanctioned strength.
27. No teacher shall be deployed for any non-educational purposes other than the
decennial population census, disaster relief duties or duties relating to elections to
the local authority or the State Legislatures or Parliament, as the case may be.
28. No teacher shall engage himself or herself in private tuition or private teaching
CHAPTER V
CURRICULUM AND COMPLETION OF ELEMENTARY EDUCATION
29. (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
(g) making the child free of fear, trauma and anxiety and helping the child to
express views freely;
13
(h) comprehensive and continuous evaluation of child’s understanding of
knowledge and his or her ability to apply the same.
30. (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.
CHAPTER VI
PROTECTION OF RIGHT OF CHILDREN
31. (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, 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
(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
32. (1) Not withstanding 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.
14
(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.
33. (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.
34. (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
(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.
15
CHAPTER VII
MISCELLANEOUS
35. (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.
36. 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 authorized in this behalf, by the appropriate
Government, by notification.
37. 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
38. (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
(c) the manner of maintenance of records of children up to the age of fourteen
years, under clause (d) of section 9;
16
(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)
(f) the extended period for admission and the manner of completing study if
admitted after the extended period, under section 15;
(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)
(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
(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
therefore, 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.
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(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.
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THE SCHEDULE
(See sections 19 and 25)
NORMS AND STANDARDS FOR A SCHOOL
No Item Norms and Standards
1. Number of teachers:
(a) For first class to fifth
(b) For sixth class to
eighth class
Admitted children Number of teachers
Up to Sixty Two
Between sixty-one to
ninety
Between Ninety-one to
one hundred and
twenty
Between One hundred
and twenty-one to two
hundred
Above One hundred
and fifty children
Above Two hundred
children
(1) At least one teacher per class so that there shall be at
least one teacher each for
(i) Science and Mathematics
(ii) Social Studies
(iii) Languages
(2) At least one teacher for every thirty-five children.
(3) Where admission of children is above one hundred
(i) a full time head teacher;
(ii) Part time instructors for-
Three
Four
Five
Five plus one Head teacher
Pupil-Teacher Ratio (excluding
Head teacher) shall not exceed
forty
i. Art Education;
ii. Health and Physical
Education;
iii. Work Education
2. Building All weather building consisting of-
(i) at least one class-room for every teacher and an
office-cum-store-cum-Head teacher’s room;
(ii) barrier-free access;
(iii) separate toilets for boys and girls;
(iv) safe and adequate drinking water facility to all
children;
(v) a kitchen where mid-day meal is cooked in the
school;
(vi) Playground;
(vii) arrangements for securing the school building by
boundary wall or fencing
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3. Minimum number of
days/instructional hours
in an academic year
(i) two hundred working days for first class to fifth class
(ii) two hundred and twenty working days for sixth class
to eighth class;
(iii) eight hundred instructional hours per academic year
for first class to fifth class;
(iv) one thousand instructional hours per academic year
for sixth class to eighth class.
Forty-five teaching including preparation hours.
4. Minimum number of
working hours per week
for the teacher
5. Teaching learning
6. Library There shall be a library in each school providing
Shall be provided to each class as required.
newspaper, magazines and books on all subjects,
including story-books.
Shall be provided to each class as required.
7. Play material, games and
sports equipment
T.K. VISWANATHAN,
Secretary to the Govt. of India
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