← Back to Directory
The Right of Children to Free and Compulsory Education Act, 2009
The Right of Children to Free and Compulsory Education Act, 2009
Sections
1. Short title, extent and commencement.
Section 12. Definitions.
Section 23. Right of child to free and compulsory education.
Section 34. Special provisions for children not admitted to, or who have not completed, elementary education.
Section 45. Right of transfer to other school.
Section 56. Duty of appropriate Government and local authority to establish school.
Section 67. Sharing of financial and other responsibilities.
Section 78. Duties of appropriate Government.
Section 89. Duties of local authority.
Section 910. Duty of parents and guardian.
Section 1011. Appropriate Government to provide for pre-school education.
Section 1112. Extent of school's responsibility for free and compulsory education.
Section 1213. No capitation fee and screening procedure for admission.
Section 1314. Proof of age for admission.
Section 1415. No denial of admission.
Section 1517. Prohibition of physical punishment and mental harassment to child.
Section 1718. No school to be established without obtaining certificate of recognition.
Section 1819. Norms and standards for school.
Section 1920. Power to amend Schedule.
Section 2021. School Management Committee.
Section 2122. School Development Plan
Section 2223. Qualifications for appointment and terms and conditions of service of teachers.
Section 2324. Duties of teachers and redressal of grievances.
Section 2425. Pupil-Teacher Ratio.
Section 2526. Filling up vacancies of teachers.
Section 2627. Prohibition of deployment of teachers for non-educational purposes.
Section 2728. Prohibition of private tuition by teacher.
Section 2829. Curriculum and evaluation procedure.
Section 2930. Examination and completion certificate.
Section 3031. Monitoring of child's right to education.
Section 3132. Redressal of grievances.
Section 3233. Constitution of National Advisory Council.
Section 3334. Constitution of State Advisory Council.
Section 3435. Power to issue directions.
Section 3536. Previous sanction for prosecution.
Section 3637. Protection of action taken in good faith.
Section 3738. Power of appropriate Government to make rules.
Section 38
right-of-children-to-free-and-compulsory-education-act-2009.json
•
37 Sections
•
India (Central)
{
"id": 13029,
"slug": "right-of-children-to-free-and-compulsory-education-act-2009",
"title": "The Right of Children to Free and Compulsory Education Act, 2009",
"short_title": "The Right of Children to Free and Compulsory Education Act, 2009",
"act_number": "(35 of 2009)",
"act_year": 2009,
"act_type": "CENTRAL",
"location": "India (Central)",
"law_status": "unknown",
"enactment_date": null,
"description": "The Right of Children to Free and Compulsory Education Act, 2009",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title, extent and commencement.",
"chapter": null,
"content": "Object & Reasons▼\nStatement of Objects and Reasons.\n(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;\n(b) \"compulsory education\" casts an obligation on the appropriate Government to provide and ensure admission, attendance and completion of elementary education;\n(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;\n(d) the duties and responsibilities of the appropriate Governments, local authorities, parents, schools and teachers in providing free and compulsory education; and\n(e) a system for protection of the right of children and a decentralised grievance redressal mechanism.",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(a) \"appropriate Government\" means-\n(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;\n(ii) in relation to a school, other than the school referred to in sub-clause (i), established within the territory of-\n(A) a State, the State Government;\n(B) a Union territory having Legislature, the Government of that Union territory;\n(b) \"capitation fee\" means any kind of donation or contribution or payment other than the fee notified by the school;\n(c) \"child\" means a male or female child of the age of six to fourteen years;\n(d) \"child belonging to disadvantaged group\" means [a child with disability or]\n(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;\n[(ee) \"child with disability\" includes,\n(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;\n(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, 1999;\n(C) a child with \"severe disability\" as defined in clause (0) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999.]\n(f) \"elementary education\" means the education from first class to eighth class;\n(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;\n(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;\n(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);\n(j) \"notification\" means a notification published in the Official Gazette;\n(k) \"parent\" means either the natural or step or adoptive father or mother of a child;\n(l) \"prescribed\" means prescribed by rules made under this Act;\n(m) \"Schedule\" means the Schedule annexed to this Act;\n(n) \"school\" means any recognised school imparting elementary education and includes-\n(i) a school established, owned or controlled by the appropriate Government or a local authority;\n(ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority;\n(iii) a school belonging to specified category; and\n(iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority;\n(o) \"screening procedure\" means the method of selection for admission of a child, in preference over another, other than a random method;\n(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;\n(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 2006).\nChapter II\nRight To Free And Compulsory Education",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "3",
"title": "3. Right of child to free and compulsory education.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Special provisions for children not admitted to, or who have not completed, elementary education.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Right of transfer to other school.",
"chapter": null,
"content": "Chapter III\nDuties Of Appropriate Government, Local Authority And Parents",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Duty of appropriate Government and local authority to establish school.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Sharing of financial and other responsibilities.",
"chapter": null,
"content": "(a) develop a framework of national curriculum with the help of academic authority specified under section 29;\n(b) develop and enforce standards for training of teachers;\n(c) provide technical support and resources to the State Government for promoting innovations, researches, planning and capacity building.",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Duties of appropriate Government.",
"chapter": null,
"content": "(a) provide free and compulsory elementary education to every child:\n(i) provide free elementary education to every child of the age of six to fourteen years; and\n(ii) ensure compulsory admission, attendance and completion of elementary education by every child of the age of six to fourteen years;\n(b) ensure availability of a neighbourhood school as specified in section 6;\n(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;\n(d) provide infrastructure including school building, teaching staff and learning equipment;\n(e) provide special training facility specified in section 4;\n(f) ensure and monitor admission, attendance and completion of elementary education by every child;\n(g) ensure good quality elementary education conforming to the standards and norms specified in the Schedule;\n(h) ensure timely prescribing of curriculum and courses of study for elementary education; and\n(i) provide training facility for teachers.",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Duties of local authority.",
"chapter": null,
"content": "(a) provide free and compulsory elementary education to every child:\n(b) ensure availability of a neighbourhood school as specified in section 6;\n(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;\n(d) maintain records of children up to the age of fourteen years residing within its jurisdiction, in such manner as may be prescribed;\n(e) ensure and monitor admission, attendance and completion of elementary education by every child residing within its jurisdiction;\n(f) provide infrastructure including school building, teaching staff and learning material;\n(g) provide special training facility specified in section 4;\n(h) ensure good quality elementary education conforming to the standards and norms specified in the Schedule;\n(i) ensure timely prescribing of curriculum and courses of study for elementary education;\n(j) provide training facility for teachers;\n(k) ensure admission of children of migrant families;\n(l) monitor functioning of schools within its jurisdiction; and\n(m) decide the academic calendar.",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Duty of parents and guardian.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Appropriate Government to provide for pre-school education.",
"chapter": null,
"content": "Chapter IV\nResponsibilities of Schools and Teachers",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Extent of school's responsibility for free and compulsory education.",
"chapter": null,
"content": "(a) specified in sub-clause (i) of clause (n) of section 2 shall provide free and compulsory elementary education to all children admitted therein;\n(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.;\n(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:",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. No capitation fee and screening procedure for admission.",
"chapter": null,
"content": "(a) receives capitation fee, shall be punishable with fine which may extend to ten times the capitation fee charged;\n(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.",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Proof of age for admission.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. No denial of admission.",
"chapter": null,
"content": "[16. Examination and holding back in certain cases.",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "17",
"title": "17. Prohibition of physical punishment and mental harassment to child.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "18",
"title": "18. No school to be established without obtaining certificate of recognition.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "19",
"title": "19. Norms and standards for school.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "20",
"title": "20. Power to amend Schedule.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "21",
"title": "21. School Management Committee.",
"chapter": null,
"content": "(a) monitor the working of the school;\n(b) prepare and recommend school development plan;\n(c) monitor the utilisation of the grants received from the appropriate Government or local authority or any other source; and\n(d) perform such other functions as may be prescribed.\n(a) a school established and administered by minority whether based on religion or language; and\n(b) all other aided schools as defined in sub-section (ii) of clause (n) of section 2, shall perform advisory function only.]",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "22",
"title": "22. School Development Plan",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "23",
"title": "23. Qualifications for appointment and terms and conditions of service of teachers.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "24",
"title": "24. Duties of teachers and redressal of grievances.",
"chapter": null,
"content": "(a) maintain regularity and punctuality in attending school;\n(b) conduct and complete the curriculum in accordance with the provisions of sub-section (2) of section 29;\n(c) complete entire curriculum within the specified time;\n(d) assess the learning ability of each child and accordingly supplement additional instructions, if any, as required;\n(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\n(f) perform such other duties as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "25",
"title": "25. Pupil-Teacher Ratio.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "26",
"title": "26. Filling up vacancies of teachers.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "27",
"title": "27. Prohibition of deployment of teachers for non-educational purposes.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "28",
"title": "28. Prohibition of private tuition by teacher.",
"chapter": null,
"content": "Chapter V\nCurriculum And Completion Of Elementary Education",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "29",
"title": "29. Curriculum and evaluation procedure.",
"chapter": null,
"content": "(a) conformity with the values enshrined in the Constitution;\n(b) all round development of the child;\n(c) building up child's knowledge, potentiality and talent;\n(d) development of physical and mental abilities to the fullest extent;\n(e) learning through activities, discovery and exploration in a child friendly and child-centred manner;\n(f) medium of instructions shall, as far as practicable, be in child's mother tongue;\n(g) making the child free of fear, trauma and anxiety and helping the child to express views freely;\n(h) comprehensive and continuous evaluation of child's understanding of knowledge and his or her ability to apply the same.",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "30",
"title": "30. Examination and completion certificate.",
"chapter": null,
"content": "Chapter VI\nProtection Of Right Of Children",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "31",
"title": "31. Monitoring of child's right to education.",
"chapter": null,
"content": "(a) examine and review the safeguards for rights provided by or under this Act and recommend measures for their effective implementation;\n(b) inquire into complaints relating to child's right to free and compulsory education; and\n(c) take necessary steps as provided under sections 15 and 24 of the said Commissions for Protection of Child Rights Act.",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "32",
"title": "32. Redressal of grievances.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "33",
"title": "33. Constitution of National Advisory Council.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "34",
"title": "34. Constitution of State Advisory Council.",
"chapter": null,
"content": "Chapter VII\nMiscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 32
},
{
"number": "35",
"title": "35. Power to issue directions.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "36",
"title": "36. Previous sanction for prosecution.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "37",
"title": "37. Protection of action taken in good faith.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "38",
"title": "38. Power of appropriate Government to make rules.",
"chapter": null,
"content": "(a) the manner of giving special training and the time-limit thereof, under first proviso to section 4;\n(b) the area or limits for establishment of a neighbourhood school, under section 6;\n(c) the manner of maintenance of records of children up to the age of fourteen years, under clause (d) of section 9;\n(d) the manner and extent of reimbursement of expenditure, under sub-section (2) of section 12;\n(e) any other document for determining the age of child under sub-section (1) of section 14;\n(f) the extended period for admission and the manner of completing study if admitted after the extended period, under section 15;\n[(fa) the manner and the conditions subject to which a child may be held back under sub-section (3) of section 16;]\n(g) the authority, the form and manner of making application for certificate of recognition, under sub-section (1) of section 18;\n(h) the form, the period, the manner and the conditions for issuing certificate of recognition, under sub-section (2) of section 18;\n(i) the manner of giving opportunity of hearing under second proviso to sub-section (3) of section 18;\n(j) the other functions to be performed by School Management Committee under clause (d) of sub-section (2) of section 21;\n(k) the manner of preparing School Development Plan under sub-section (1) of section 22;\n(l) the salary and allowances payable to, and the terms and conditions of service of, teacher, under sub-section (3) of section 23;\n(m) the duties to be performed by the teacher under clause (f) of sub-section (1) of section 24;\n(n) the manner of redressing grievances of teachers under sub-section (3) of section 24;\n(o) the form and manner of awarding certificate for completion of elementary education under sub-section (2) of section 30;\n(p) the authority, the manner of its constitution and the terms and conditions therefor, under sub-section (3) of section 31;\n(q) the allowances and other terms and conditions of appointment of Members of the National Advisory Council under sub-section (3) of section 33;\n(r) the allowances and other terms and conditions of appointment of Members of the State Advisory Council under sub-section (3) of section 34.\n[39. Power of Central Government to remove difficulties.\nThe Schedule\n(See sections 19 and 25)\nNorms and Standards for a School\nSl . 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 ninety Three Between Ninety-one to one hundred and twenty Four Between One hundred and twenty-one to two hundred Five Above One hundred and fifty children Five plus one Head teacher Above Two hundred children Pupil-Teacher Ratio (excluding Head-teacher) shall not exceed forty. (b) For sixth class to eighth 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; (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/\ninstructional 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 hours per week for the teacher Forty-five teaching including preparation hours. 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 sports equipment Shall be provided to each class as required\nSl . No.\nNorms and Standards\n1.\n2.\n3.\n4.\n5.\n6.\n7.",
"footnote": "",
"is_definition": false,
"sort_order": 36
}
],
"metadata": {
"Act ID": "Last Updated 31th December, 2019 [21/959]",
"Act Number": "(35 of 2009)",
"Enactment Date": "",
"Act Year": "2009",
"Short Title": "The Right of Children to Free and Compulsory Education Act, 2009",
"Type": "CENTRAL",
"Location": "India (Central)"
},
"updated_at": "2026-09-29 21:51:57"
}