THE RIGHT OF CHILDREN TO FREE AND COMPULSORY
EDUCATION BILL, 2008
————
ARRANGEMENT OF CLAUSES
————
CHAPTER I
PRELIMINARY
CLAUSES
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
RIGHT TO FREE AND COMPULSORY EDUCATION
3. Right of child to free and compulsory education.
4. Special provisions for children not admitted to, or who have not completed,
elementary education.
5. Right of transfer to other school.
CHAPTER III
DUTIES OF APPROPRIATE GOVERNMENT, LOCAL AUTHORITY AND PARENTS
6. Duty of appropriate Government and local authority to establish school.
7. Sharing of financial and other responsibilities.
8. Duties of appropriate Government.
9. Duties of local authority.
10. Duty of parents and guardian.
11. Appropriate Government to provide for pre-school education.
CHAPTER IV
RESPONSIBILITIES OF SCHOOLS AND TEACHERS
12. Extent of school's responsibility for free and compulsory education.
13. No capitation fee and screening procedure for admission.
14. Proof of age for admission.
15. No denial of admission.
16. Prohibition of holding back and expulsion.
17. Prohibition of physical punishment and mental harassment to child.
18. No school to be established without obtaining certificate of recognition.
19. Norms and standards for schools.
20. Power to amend Schedule.
21. School Management Committee.
TO BE INTRODUCED IN THE RAJYA SABHA
Bill No. LXV of 2008
CLAUSES
22. School Development Plan.
23. Qualifications for appointment and terms and conditions of service of teachers.
24. Duties of teachers and redressal of grievances.
25. Pupil-Teacher Ratio.
26. Filling up vacancies of teachers.
27. Prohibition of deployment of teachers for non-educational purposes.
28. Prohibition of private tuition by teacher.
CHAPTER V
CURRICULUM AND COMPLETION OF ELEMENTARY EDUCATION
29. Curriculum and evaluation procedure.
30. Examination and completion certificate.
CHAPTER VI
PROTECTION OF RIGHT OF CHILDREN
31. Monitoring of child's right to education.
32. Redressal of grievances.
33. Constitution of National Advisory Council.
CHAPTER VII
MISCELLANEOUS
34. Power to issue directions.
35. Previous sanction for prosecution.
36. Protection of action taken in good faith.
37. Power of appropriate Government to make rules.
THE SCHEDULE.
(ii)
THE RIGHT OF CHILDREN TO FREE AND COMPULSORY
EDUCATION BILL, 2008
A
BILL
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 Fifty-ninth 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, 2008.
(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;
Short title,
extent and
commencement.
Definitions.
TO BE INTRODUCED IN THE RAJYA SABHA
Bill No. LXV of 2008
2
(ii) in relation to a school, other than the school referred to in subclause
(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;
(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
class;
(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 child;
(l) "prescribed" means prescribed by rules made under this Act;
(m) "Schedule" means the Schedule annexed to this Act;
(n) "School" means any recognised school imparting elementary education
and includes—
(i) a school established, owned or controlled by the appropriate
Government or a local authority;
(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;
4 of 2006.
3
(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 education.
(2) For the purpose of sub-section (1), no child shall be liable to pay any kind of fee
or charges or expenses which may prevent him or her from pursuing and completing the
elementary education:
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 Act.
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:
Provided that where a child is directly admitted in a class appropriate to his or her
age, then, he or she shall, in order to be at par with others, have a right to receive special
training, in such manner, and within such time-limits, as may be prescribed:
Provided further that a child so admitted to elementary education shall be entitlted
to free education till completion of elementary education even after fourteen years.
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 certificate:
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 of 2006.
Right of child
to free and
compulsory
education.
1 of 1996.
Special
provisions for
children not
admitted to,
or who have
not
completed,
elementary
education.
Right of
transfer to
other school.
Duty of
appropriate
Government
and local
authority to
establish
school.
4
7. (1) The Central Government and the State Government 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-inaid
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.
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;
Duties of
appropriate
Government.
Sharing of
financial and
other
responsibilities.
5
(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:
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;
(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) 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;
(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
Duty of
parents and
guardian.
Appropirate
Government
to provide for
pre-school
education.
Extent of
school's
responsibility
for free and
compulsory
education.
Duties of local
authority.
6
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;
(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 Government.
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 prescribed.
(2) The authority prescribed under sub-section (1) shall issue the certificate of
recognition in such form, within such period, in such manner, and subject to such
conditions, as may be prescribed:
No capitation
fee and
screening
procedure for
admission.
Proof of age
for admission.
No denial of
admission.
Prohibition of
holding back
and expulsion.
Prohibition of
physical
punishment
and mental
harassment to
child.
No School to
be established
without
obtaining
certificate of
recognition.
6 of 1886.
7
Provided that no such recognition shall be granted to a school unless it fulfils
norms and standards specified under section 19.
(3) On the contravention of the conditions of recognition, the prescribed authority
shall, by an order in writing, withdraw recognition:
Provided that such order shall contain a direction as to which of the neighbourhood
school, the children studying in the derecognised school, shall be admitted:
Provided further that no 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 recognised under section 18, unless it
fulfils the norms and standards specified in the Schedule.
(2) Where a school established before the commencement of this Act does not fulfil
the norms and standards specified in the Schedule, it shall take steps to fulfil such norms
and standards at its own expenses, within a period of three years from the date of such
commencement.
(3) Where a school fails to fulfil the norms and standards within the period specified
under 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.
20. The Central Government may, by notification, amend the Schedule by adding
to, or omitting therefrom, 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 atleast three-fourth of members of such Committee shall be parents
or guardians:
Provided further that proportionate representation shall be given to the parents or
guardians of children belonging to disadvantaged group and weaker section.
(2) The School Management Committee shall perform the following functions,
namely:—
(a) monitor the working of the school;
(b) prepare and recommend school development plan;
(c) monitor the utilisation of the grants received from the appropriate
Government or local authority or any other source; and
(d) perform such other functions as may be prescribed.
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 prescribed.
(2) The School Development Plan so prepared under sub-section (1) shall be the
basis for the plans and grants to be made by the appropriate Government or local authority,
as the case may be.
Norms and
standards for
school.
Power to
amend
Schedule.
School
Management
Committee.
School
Development
Plan.
8
23. (1) Any person possessing such minimum qualifications, as laid down by an
academic authority, authorised by the Central Government, by notification, shall be eligible
for appointment as a teacher.
(2) Where a State does not have adequate institutions offering courses or training
in teacher education, or teachers possessing minimum qualifications as laid down under
sub-section (1) are not available in sufficient numbers, the Central Government may, if it
deems necessary, by notification, relax the minimum qualifications required for appointment
as a teacher, for such period, not exceeding five years, as may be specified in that
notification:
Provided that a teacher who, at the commencement of this Act, does not possess
minimum qualifications as laid down under sub-section (1), shall acquire such minimum
qualifications within a period of five years.
(3) The salary and allowances payable to, and the terms and conditions of service
of, teacher shall be such as may 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 him or her:
Provided that before taking such disciplinary action, reasonable opportunity of
being heard shall be afforded to such teacher.
(3) The grievances, if any, of the teacher shall be redressed in such manner as may
be prescribed.
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.
(2) For the purpose of maintaining the Pupil-Teacher Ratio under sub-section (1),
no teacher posted in a school shall be made to serve in any other school or office or
deployed for any non-educational purpose, other than those specified in section 27.
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 total 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
activity.
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.
Duties of
teachers and
redressal of
grievances.
Pupil-Teacher
Ratio.
Filling up
vacancies of
teachers.
Prohibition of
deployment of
teachers for
non-educational
purposes.
Prohibition of
private tuition
by teacher.
Curriculum
and evaluation
procedure.
Qualifications
for appointment
and
terms and
conditions of
service of
teachers.
9
(2) The academic authority, while laying down the curriculum and the evaluation
procedure under sub-section (1), shall take into consideration the following, namely:—
(a) conformity with the values enshrined in the Constitution;
(b) all round development of the child;
(c) building up child's knowledge, potentiality and talent;
(d) development of physical and mental abilities to the fullest extent;
(e) learning through activities, discovery and exploration in a child friendly
and child-centered manner;
(f) medium of instructions shall, as far as practicable, be in child's mother
tongue;
(g) making the child free of fear, trauma and anxiety and helping the child to
express views freely;
(h) comprehensive and continuous evaluation of child's understanding of
knowledge and his or her ability to apply the same.
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
education; and
(c) take necessary steps as provided under sections 15 and 24 of the said
Commissions for Protection of Child Rights Act.
(2) The said Commissions shall, while inquiring into any matters relating to child's
right to free and compulsory education under clause (c) of sub-section (1), have the
same powers as assigned to them respectively under sections 14 and 24 of the said
Commissions for Protection of Child Rights Act.
(3) Where the State Commission for Protection of Child Rights has not been
constituted in a State, the appropriate Government may, for the purpose of performing the
functions specified in clauses (a) to (c) of sub-section (1), constitute such authority, in
such manner and subject to such terms and conditions, as may be prescribed.
32. (1) Notwithstanding anything contained in section 31, any person having any
grievance relating to the right of a child under this Act may make a written complaint to
the local authority having jurisdiction.
(2) After receiving the complaint under sub-section (1), the local authority shall
decide the matter as early as possible 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.
Examination
and
completion
certificate.
Monitoring of
child's right to
education.
Redressal of
grievances.
4 of 2006.
10
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
knowldge 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.
CHAPTER VII
MISCELLANEOUS
34. (1) The Central Government may issue guidelines and give such directions 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.
35. No prosecution for offences punishable under sub-section (2) of section 13,
sub-section (5) of section 18 and sub-section (5) of section 19 shall be instituted except
with the previous sanction of an officer authorised in this behalf, by the appropriate
Government, by notification.
36. No suit or other legal proceeding shall lie against the Central Government, the
State Government, the National Commission for Protection of Child Rights, the State
Commission for Protection of Child Rights, the local authority, the School Management
Committee or any person, in respect of anything which is in good faith done or intended
to be done, in pursuance of this Act, or any rules or order made thereunder.
37. (1) The appropriate Government may, by notification, make rules, for carrying
out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers,
such rules may provide for all or any of the following matters, namely:—
(a) the manner of giving special training and the time-limit thereof, under first
proviso to section 4;
(b) the area or limits for establishment of a neighbourhood school, under
section 6;
(c) the manner of maintenance of records of children up to the age of fourteen
years, under clause (d) of section 9;
(d) the manner and extent of reimbursement of expenditure, under sub-section
(2) of section 12;
(e) any other document for determining the age of child under sub-section
(1) of section 14;
(f) the extended period for admission and the manner of completing study if
admitted after the extended period, under section 15;
(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;
Power to issue
directions.
Previous
sanction for
prosecution.
Protection of
action taken in
good faith.
Power of
appropriate
Government
to make rules.
Constitution
of National
Advisory
Council.
11
(j) the other functions to be performed by School Management Committee
under clause (d) of sub-section (2) of section 21;
(k) the manner of preparing School Development Plan under sub-section (1)
of section 22;
(l) the salary and allowances payable to, and the terms and conditions of
service of, teacher, under sub-section (3) of section 23;
(m) the duties to be performed by the teacher under clause (f) of sub-section
(1) of section 24;
(n) the manner of redressing grievances of teachers under sub-section (3)
of section 24;
(o) the form and manner of awarding certificate for completion of elementary
education under sub-section (2) of section 30;
(p) the authroity, the manner of its constitution and the terms and conditions
thereto, 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.
(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 modifed 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.
THE SCHEDULE
(See sections 19 and 25)
NORMS AND STANDARDS FOR A SCHOOL
Sl. No. Item Norms and Standards
1. Number of teachers:
(a) For first class to fifth class Admitted children Number of teachers
Up to Sixty Two
Between sixty-one to Three
ninety
Between Ninety-one to Four
one hundred and
twenty
Between One hundred Five
and twenty-one to two
hundred
Above One hundred Five plus one Headand
fifty children teacher
Above Two hundred Pupil-Teacher Ratio
children (excluding Headteacher)
shall not
exceed forty.
(b) For sixth class to eighth (1) At least one teacher per class so that
class 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—
(A) Art Education;
(B) Health and Physical Education;
(C) 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;
12
13
(vii) arrangements for securing the school
building by boundary wall or fencing.
3. Minimum number of working (i) two hundred working days for first class to
days/instructional hours in an fifth class;
academic year (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.
4. Minimum number of working forty-five teaching plus preparation hours.
hours per week for the teacher
5. Teaching learning equipment Shall be provided to each class as required.
6. Library There shall be a library in each school
providing newspaper, magazines and books
on all subjects, including story-books.
7. Play material, games and Shall be provided to each class as required.
sports equipment
STATEMENT OF OBJECTS AND REASONS
The crucial role of universal elementary education for strengthening the social
fabric of democracy through provision of equal opportunities to all has been accepted
since inception of our Republic. The Directive Principles of State Policy enumerated in
our Constitution lays down that the State shall provide free and compulsory education to
all children up to the age of fourteen years. Over the years there has been significant
spatial and numerical expansion of elementary schools in the country, yet the goal of
universal elementary education continues to elude us. The number of children, particularly
children from disadvantaged groups and weaker sections, who drop out of school before
completing elementary education, remains very large. Moreover, the quality of learning
achievement is not always entirely satisfactory even in the case of children who complete
elementary education.
2. Article 21A, as inserted by the Constitution (Eighty-sixth Amendment) Act,
2002, provides for free and compulsory education of all children in the age group of six
to fourteen years as a Fundamental Right in such manner as the State may, by law,
determine.
3. Consequently, the Right of Children to Free and Compulsory Education Bill,
2008, is proposed to be enacted which seeks to provide,—
(a) that every child has a right to be provided full time elementary education
of satisfactory and equitable quality in a formal school which satisfies certain
essential norms and standards;
(b) ‘compulsory education’ casts an obligation on the appropriate Government
to provide and ensure admission, attendance and completion of elementary
education;
(c) ‘free education’ means that no child, other than a child who has been
admitted by his or her parents to a school which is not supported by the appropriate
Government, shall be liable to pay any kind of fee or charges or expenses which
may prevent him or her from pursuing and completing elementary education;
(d) the duties and responsibilities of the appropriate Governments, local
authorities, parents, schools and teachers in providing free and compulsory
education; and
(e) a system for protection of the right of children and a decentralized
grievance redressal mechanism.
4. The proposed legislation is anchored in the belief that the values of equality,
social justice and democracy and the creation of a just and humane society can be
achieved only through provision of inclusive elementary education to all. Provision of
free and compulsory education of satisfactory quality to children from disadvantaged
and weaker sections is, therefore, not merely the responsibility of schools run or supported
by the appropriate Governments, but also of schools which are not dependent on
Government funds.
5. It is, therefore, expedient and necessary to enact a suitable legislation as envisaged
in article 21-A of the Constitution.
6. The Bill seeks to achieve this objective.
NEW DELHI; ARJUN SINGH.
The 2nd December, 2008.
14
Notes on clauses
Clause 2 seeks to define various words and expressions used in the Bill.
Clause 3 provides for every child of the age of six to fourteen years, the right to free
and compulsory education in a neighbourhood school till the completion of elementary
education.
Clause 4 seeks to provide for children above six years, who have either not been
admitted to any school or, admitted but could not complete elementary education, the
right to be admitted to a class appropriate to his or her age for completing elementary
education and also special training to enable such children to be at par with other children
and also making said children entitled for free education till completion of their elementary
education, even after fourteen years.
Clause 5 seeks to provide a child, the right to seek transfer from one school to
another, either within a State or outside and for immediate issue of transfer certificate to
such child and also for liability for disciplinary action against the in-charge of the school
delaying issuance of transfer certificate.
Clause 6 provides for the establishment of a school in every neighbourhood.
Clause 7 seeks to provide for financial and other responsibilities of the Central
Government and the State Governments and for developing by the Central Government
of a national curriculum and the standards for training of teachers.
Clause 8 provides for the duties of the appropriate Governments.
Clause 9 seeks to provide for the duties of the local authorities.
Clause 10 provides for the duty of parents and guardian.
Clause 11 seeks to provide for making necessary arrangements for pre-school
education by appropriate Governments.
Clause 12 provides for the responsibility of schools for providing free and
compulsory education.
Clause 13 provides for prohibition of capitation fee and screening procedure and
for punishment for contravention of these provisions.
Clause 14 seeks to provide for proof of age of a child and for non-denial of
admission in absence thereof.
Clause 15 provides for prohibiting schools from denying admission to a child,
irrespective of the time in the academic year.
Clause 16 seeks to provide for prohibiting the holding back in any class or expelling
a child from school till the competition of elementary education.
Clause 17 provides for prohibition of physical punishment or mental harassment
of any child.
Clause 18 seeks to provide for issuance of a Certificate of Recognition for
establishing a school and for withdrawal of said recognition and also for imposition of
fine for contravention.
Clause 19 provides for fulfilment of norms and standards by schools for recognition,
withdrawal of recognition and imposition of fine in case of contravention.
Clause 20 seeks to provide for amendment of Schedule.
Clause 21 seeks to provide for constitution and functions of a School Management
Committee.
Clause 22 seeks to provide for preparation of a School Development Plan by the
School Management Committee.
15
16
Clause 23 seeks to provide for qualifications and terms and conditions of service of
teachers.
Clause 24 seeks to provide for duties of teachers, disciplinary action against them
and redressal of their grievances.
Clause 25 seeks to provide for maintenance of pupil-teacher ratio by appropriate
Governments and local authority.
Clause 26 seeks to provide for filling up of vacancies of teachers in schools.
Clause 27 provides for prohibition of deployment of teachers for non-educational
purposes, except for decennial population census, disaster relief, elections to local
authority, State Legislature and Parliament.
Clause 28 seeks to provide for prohibition of private tuition by teachers.
Clause 29 provide for curriculum and evaluation procedure for elementary education
to be laid down by an academic authority.
Clause 30 seeks to provide for prohibition of requiring any child to pass
examinations till completion of elementary education and for issuance of a certificate of
completion of elementary education.
Clause 31 provides for certain additional functions and powers of the National and
State Commissions for Protection of Child Rights to be performed in pursuance of the
provisions of this Bill.
Clause 32 seeks to provide for a mechanism for redressal of grievances relating to
rights of the child under the proposed legislation.
Clause 33 seeks to provide for constitution of a National Advisory Council to give
expert advice to the Central Government on implementation of provisions of the proposed
legislation.
Clause 34 seeks to provide for the issuance of guidelines and directions by the
Central Government, appropriate Government and local authority for implementation of
the provisions of the proposed legislation.
Clause 35 provides for previous sanction of an authorised officer for prosecution
of offences.
Clause 36 seeks to provide for protection, against any legal suit or proceedings, to
appropriate Government, local authority, school management committee or any person
for any action taken in good faith.
Clause 37 provide for the powers of appropriate Government to make rules and for
laying of rules and notifications.
FINANCIAL MEMORANDUM
Clause 7 of the Bill provides that the Central Government and the State Government
shall make available the funds for carrying out its provisions.
The Central Government shall prepare the estimates of capital and recurring
expenditure and provide to the State Governments, as grants-in-aid of revenues, such
percentage of expenditure as it may determine from time to time, in consultation with State
Governments. In addition, it stipulates that 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 enactment.
It is not possible to quantify the financial requirement on this account at this stage.
However, the expenditure on provision of funds by the Central Government would be met
from the Consolidated Fund of India through annual budgetary provision under the
Department of School Education and Literacy, Ministry of Human Resource Development.
17
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 4 of the Bill empowers the appropriate Government to make rules to provide
for the manner of giving special training to a child who is directly admitted in a class
appropriate to his age in order to be at par with others and the time-limit of such training.
Clause 6 empowers the appropriate Government to provide for the area or limits
within which a school in every neighbourhood shall be established.
Item (d) of clause 9 empowers the appropriate Government to make rules to provide
for the manner of maintenance of records of children up to the age of 14 years residing
within the jurisdiction of a local authority.
Sub-clause (2) of clause 12 empowers the appropriate Government to make rules to
provide for the manner of reimbursement of expenditure to the school.
Sub-clause (1) of clause 14 empowers the appropriate Government to make rules to
provide for other documents for determining the age of the child.
Clause 15 empowers the appropriate Government to make rules to provide for the
extended period for admission of a child in a school and the manner of completing his
studies if admitted after the extended period.
Sub-clause (1) of clause 18 empowers the appropriate Government to make rules to
provide for the authority, the period, the form and manner of making application for
obtaining a certificate of recognition of a school other than school established, owned or
controlled by the appropriate Government or the local authority.
Sub-clause (2) of said clause empowers the appropriate Government to provide for
the form, period and the manner and the conditions for issuing certificate of recognition.
Further sub-clause (3) of said clause empowers the appropriate Government to
provide for the manner of giving opportunity of hearing before withdrawing the recognition.
Item (d) of sub-clause (2) of clause 21 empowers the appropriate Government to
make rules to specify the functions to be performed by School Management Committee.
Sub-clause (1) of clause 22 empowers the appropriate Government to make rules to
provide for the manner of preparing school development plan.
Sub-clause (2) of clause 23 empowers the appropriate Government to make rules to
provide for the salary and allowances payable to, and the terms and conditions of, the
service of teachers.
Sub-clause (1) of clause 24 empowers the appropriate Government to make rules to
provide for the duties to be performed by the teachers.
Further sub-clause (3) of the said clause empowers the appropriate Government to
provide for the manner of redressing the grievances of teachers.
Sub-clause (2) of clause 30 empowers the appropriate Government to make rules to
provide for the form and manner of awarding certificate for completion of elementary
education.
Sub-clause (3) of clause 31 empowers the appropriate Government to make rules to
provide for the authority, the manner of its constitution and the terms and conditions
subject to which such authority shall be constituted.
Sub-clause (3) of clause 33 empowers the appropriate Government to make rules to
provide for the allowances and other terms and conditions of appointment of members of
the National Advisory Council.
The matters for which the rules may be made are matters of procedure and
administrative details and it is not possible to provide for them all in the Bill. The delegation
of legislative power is, therefore, of a normal character.
18
21
RAJYA SABHA
————
A
BILL
to provide for free and compulsory education to all children of the age of six to
fourteen years..
————
(Shri Arjun Singh, Minister of Human Resource Development)
GMGIPMRND—4264RS(S-5)—10-12-2008.
