The Right of Children to Free and Compulsory Education Act, 2009

1[Short title, extent, application and commencement].--(1) This Act may be called the Right ofChildren to Free and Compulsory Education Act, 2009. (2) It shall extend to the whole of India 2***. (3) It shall come into force on such date3as the Central Government may, by notification in theOfficial Gazette, appoint. 4[(4) Subject to the provisions of articles 29 and 30 of the Constitution, the provisions of this Act shallapply to conferment of rights on children to free and compulsory education. (5) Nothing contained in this Act shall apply to Madrasas, Vedic Pathsalas and educationalinstitutions primarily imparting religious instruction.]

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 theadministrator 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), establishedwithin 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 feenotified 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 3[a child with disability or] a child belongingto the Scheduled Caste, the Scheduled Tribe, the socially and educationally backward class or suchother 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 whoseannual income is lower than the minimum limit specified by the appropriate Government, bynotification; 1[(ee) "child with disability" includes,-- (A) a child with "disability" as defined in clause (i) of section 2 of the Persons withDisabilities (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 NationalTrust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and MultipleDisabilities Act, 1999 (44 of 1999); (C) a child with "severe disability" as defined in clause (o) of section 2 of the National Trustfor Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple DisabilitiesAct, 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 andincludes 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 orNagar Panchayat or Panchayat, by whatever name called, and includes such other authority or bodyhaving administrative control over the school or empowered by or under any law for the time being inforce to function as a local authority in any city, town or village; (i) "National Commission for Protection of Child Rights" means the National Commission forProtection of Child Rights constituted under section 3 of the Commissions for Protection of ChildRights 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 localauthority; (ii) an aided school receiving aid or grants to meet whole or part of its expenses from theappropriate 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 theappropriate Government or the local authority; (o) "screening procedure" means the method of selection for admission of a child, in preferenceover 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 bespecified, by notification, by the appropriate Government; (q) 'State Commission for Protection of Child Rights" means the State Commission forProtection of Child Rights constituted under section 3 of the Commissions for Protection of ChildRights Act, 2005 (4 of 2006).

1[(1) Every child of the age of six to fourteenyears, including a child referred to in clause (d) or clause (e) of section 2, shall have the right to free andcompulsory education in a neighbourhood school till the completion of his or her elementary education.] (2) For the purpose of sub-section (1), no child shall be liable to pay any kind of fee or charges orexpenses which may prevent him or her from pursuing and completing the elementary education. 2* * * * *3(3) A child with disability referred to in sub-clause (A) of clause (ee) of section 2 shall, withoutprejudice to the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights andFull Participation) Act, 1995 (1 of 1996), and a child referred to in sub-clauses (B) and (C) of clause (ee)of section 2, have the same rights to pursue free and compulsory elementary education which childrenwith disabilities have under the provisions of Chapter V of the Persons with Disabilities (EqualOpportunities, Protection of Rights and Full Participation) Act, 1995: Provided that a child with "multiple disabilities" referred to in clause (h) and a child with "severedisability" referred to 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) may also have theright to opt for home-based education.]

Where a child above six years of age has not been admitted in any school or thoughadmitted, could not complete his or her elementary education, then, he or she shall be admitted in a classappropriate 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 sheshall, in order to be at par with others, have a right to receive special training, in such manner, and withinsuch time-limits, as may be prescribed: Provided further that a child so admitted to elementary education shall be entitled to free educationtill completion of elementary education even after fourteen years.

(1) Where in a school, there is no provision for completion ofelementary education, a child shall have a right to seek transfer to any other school, excluding the schoolspecified in sub-clauses (iii) and (iv) of clause (n) of section 2, for completing his or her elementaryeducation. (2) Where a child is required to move from one school to another, either within a State or outside, forany reason whatsoever, such child shall have a right to seek transfer to any other school, excluding theschool specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for completing his or herelementary education. (3) For seeking admission in such other school, the Head-teacher or in-charge of the school wheresuch 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 ordenying admission in such other school: Provided further that the Head-teacher or in-charge of the school delaying issuance of transfercertificate shall be liable for disciplinary action under the service rules applicable to him or her.