RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT 2009

Sun Feb 27 2022 | Constitutional | Comments (0)

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Year : 2009

[Act 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:-

Section -1 Short title, extent and commencement

(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 1date as the Central Government may, by notification in the Official Gazette, appoint.

2*[(4) Subject to the provisions of articles 29 and 30 of the Constitution, the provisions of this Act shall apply to conferment of rights on children to free and compulsory education

(5) Nothing contained in this Act shall apply to Madras as, Vedic Pathsalas and educational institutions primarily imparting religious instruction.]

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1. Effective from 01.04.2010 vide Notification No. S.O. 428(E) dated 16.02.2010.

2. Inserted by the Right of Children to free and Compulsory Education (Amendment) Act, 2012 w.e.f. 01.04.2012.

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Section -2 Definitions

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;

(c) "Child" means a male or female child of the age of six to fourteen years;

(d) "Child belonging to disadvantaged group" means 1*[a child with disability or] 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;

1*[(ee) "child with disability" includes,-

(A) A child with "disability" as defined in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995(1 of 1996),

(B) A child, being a person with disability as defined in clause (j) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999P(44 of 1999);

(C) A child with "severe disability" as defined in clause (o) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999(44 of 1999).]

(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 (4 of 2006);

(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;

(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 (4 of READ MORE

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