THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009 
__________________ 

ARRANGEMENT OF SECTIONS 
_________Last updated: 26-7-2021_________ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

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. 

DUTIES OF APPROPRIATE GOVERNMENT, LOCAL AUTHORITY AND PARENTS 

CHAPTER III 

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 school. 
20.  Power to amend Schedule. 
21.  School Management Committee. 
22.  School Development Plan. 
23.  Qualifications for appointment and terms and conditions of service of teachers. 

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SECTIONS 

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. 
34.  Constitution of State Advisory Council. 

CHAPTER VII 

MISCELLANEOUS 

35.  Power to issue directions. 
36.  Previous sanction for prosecution. 
37.  Protection of action taken in good faith. 
38.  Power of appropriate Government to make rules. 
39.  Power of Central Government to remove difficulties. 

THE SCHEDULE. 

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THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 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:— 

CHAPTER I 

PRELIMINARY 

1. 1[Short title, extent, application 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 2***. 
(3)  It  shall  come  into  force  on  such  date3  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

4[(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  Madrasas,  Vedic  Pathsalas  and  educational 

institutions primarily imparting religious instruction.] 

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 5[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; 

5[(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); 

1. Subs. by Act 2 of 2018, s. 3 and The Second Schedule, for “the marginal heading” (w.e.f. 5-1-2018). 
2.  The  words  “except  the  State  of  Jammu  and  Kashmir”  omitted  by  Act  34  of  2019,  s.  95  and  the  Fifth  Schedule  

(w.e.f. 31-10-2019). 

3.  1st  April,  2010,  vide  notification  No.  S.O.  428(E),  dated  16th  February,  2010,  see  Gazette  of  India,  Extraordinary,  Part  II,    

sec. 3(ii). 

4. Ins. by Act 30 of 2012, s. 2 (w.e.f. 1-8- 2012). 
5. Ins. by s. 3, ibid. (w.e.f. 1-8-2012). 

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(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 (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 2006). 

CHAPTER II 

RIGHT TO FREE AND COMPULSORY EDUCATION 

3. Right of child to free and compulsory education.—1[(1) Every child of the age of six to fourteen 
years, including a child referred to in clause (d) or clause (e) of section 2, shall have the right to free and 
compulsory 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 or 

expenses which may prevent him or her from pursuing and completing the elementary education. 

1. Subs. by Act 30 of 2012, s. 4, for sub-section (1) (w.e.f. 1-8-2012). 

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1* 

* 

* 

* 

*  

2[(3)  A  child  with  disability  referred  to  in  sub-clause  (A)  of  clause  (ee)  of  section  2  shall,  without 
prejudice to the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and 
Full 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  children 
with  disabilities  have  under  the  provisions  of  Chapter  V  of  the  Persons  with  Disabilities  (Equal 
Opportunities, Protection of Rights and Full Participation) Act, 1995: 

Provided  that  a  child  with  “multiple  disabilities”  referred  to  in  clause  (h)  and  a  child  with  “severe 
disability” 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 the 
right to opt for home-based education.] 

4.  Special  provisions  for  children  not  admitted  to,  or  who  have  not  completed,  elementary 
education.—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 entitled to free education 

till completion of elementary education even after fourteen years. 

5. Right of transfer to other school.—(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. Duty of appropriate Government and local authority to establish school.—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. 

7.  Sharing  of  financial  and  other  responsibilities.—(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. 

1. Proviso omitted by Act 30 of 2012, s. 4 (w.e.f. 1-8-2012). 
2. Ins. by s. 4, ibid. (w.e.f. 1-8-2012). 

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(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. Duties of appropriate Government.—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; 

(h) ensure timely prescribing of curriculum and courses of study for elementary education; and 

(i) provide training facility for teachers. 

STATE AMENDMENT 

Rajasthan 

Amendment  of  section  8,  Central  Act  No.  35  of  2009.—After  the  existing  clause  (ii)  of  the 
explanation  to  clause (a)  of  section  8 of  the  Right  of  Children to  Free  and  Compulsory  Education  Act, 

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2009 (Central Act No. 35 of 2009), hereinafter in this Act referred to as the principal Act, the following 
new clause shall he added, namely:- 

“(iii)  ensure  achievement  of  class  appropriate  learning  level  by  every  child  of  the  age  of  six  to 

fourteen years;”. 

[Vide Rajasthan Act 32 of 2017, s. 2]. 

9. Duties of local authority.—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.  Duty  of  parents  and  guardian.—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.  Appropriate  Government  to  provide  for  pre-school  education.—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. Extent of school's responsibility for free and compulsory education.—(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.  No  capitation  fee  and  screening  procedure  for  admission.—(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. Proof of age for admission.—(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  (6  of  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.  No  denial  of  admission.—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. 

1[16. Examination and holding back in certain cases.—(1) There shall be a regular examination in 

the fifth class and in the eighth class at the end of every academic year. 

1. Subs. by Act 1 of 2019, s. 2 (w.e.f. 1-3-2019). 

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(2)  If  a  child  fails  in  the  examination  referred  to  in  sub-section  (1),  he  shall  be  given  additional 
instruction  and  granted  opportunity  for  re-examination  within  a  period  of  two  months  from  the  date  of 
declaration of the result. 

(3) The appropriate Government  may allow schools to hold back a child in the fifth class or in the 
eighth class or in both classes, in such manner and subject to such conditions as may be prescribed, if he 
fails in the re-examination referred to in sub-section (2): 

Provided that the  appropriate  Government  may  decide  not to  hold  back  a  child in  any  class  till the 

completion of elementary education. 

(4) No child shall be expelled from a school till the completion of elementary education.] 

Rajasthan 

STATE AMENDMENT 

Amendment of section 16, Central Act No. 35 of 2009.-In section 16 of the principal Act, for the 
existing  punctuation  mark”.  “appearing  at  the  end,  the  punctuation  mark”:  “shall  be  substituted  and 
thereafter the following proviso shall be added, namely:- 

“Provided that if a child has not achieved class appropriate learning level in a class, he may be held 

back in that class.” 

[Vide Rajasthan Act 32 of 2017, s. 3] 

17. Prohibition of physical punishment and mental harassment to child.—(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. No School to be established without obtaining certificate of recognition.—(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: 

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.  Norms  and  standards  for  school.—(1)  No  school  shall  be  established,  or  recognised,  under 

section 18, unless it fulfils the norms and standards specified in the Schedule. 

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(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. Power to amend Schedule.—The Central Government may, by notification, amend the Schedule 

by adding to, or omitting therefrom, any norms and standards. 

21. School Management Committee.—(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 section: 

Provided also that fifty per cent. of Members of such Committee shall be women. 

(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. 

1[Provided that the School Management Committee constituted under sub-section (1) in respect of,— 
(a) a school established and administered by minority whether based on religion or language; and 

(b) all other aided schools as defined in sub-section (ii) of clause (n) of section 2, 

shall perform advisory function only.] 

STATE AMENDMENT 

Rajasthan 

Amendment  of  section  21,  Central  Act  No.  35  of  2009.—In  sub-section  (2)  of  section  21  of  the 

principal Act,- 

(i) in clause (c), the existing word “and”, appearing at the end, shall be deleted; and 

(ii)  after  the  existing  clause  (c),  so  amended,  and  before  the  existing  clause (d),  the  following  new 

clause shall be inserted, namely:- 

“(ca) ensure that teachers perform their duties specified by or under section 24; and”. 

[Vide Rajasthan Act 32 of 2017, s. 4]. 

22.  School  Development  Plan.—(1)  Every  2[School  Management  Committee,  except  the  School 
Management Committee in respect of a school established and administered by minority, whether based 
on  religion  or  language  and  an  aided  school  as  defined  in  sub-clause  (ii)  of  clause  (n)  of  section  2, 

1. Ins. by Act 30 of 2012, s. 5 (w.e.f. 1-8-2012). 
2. Subs. by s. 6, ibid., for “School Management Committee, constituted” (w.e.f. 1-8-2012). 

10 

 
 
                                                           
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. 

23.  Qualifications  for  appointment  and  terms  and  conditions  of  service  of  teachers.—(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. 

1[Provided further that every teacher appointed or in position as on the 31st March, 2015, who does 
not  possess  minimum  qualifications  as  laid  down  under  sub-section  (1),  shall  acquire  such  minimum 
qualifications within a period of four years from the date of commencement of the Right of Children to 
Free and Compulsory Education (Amendment) Act, 2017.]. 

(3) The salary and allowances payable to, and the terms and conditions of service of, teachers shall be 

such as may be prescribed. 

24. Duties of teachers and redressal of grievances.—(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. 

1. Ins. by Act 24 of 2017, s. 2 (w.e.f. 1-4-2015). 

11 

 
 
 
 
 
 
                                                           
Rajasthan 

STATE AMENDMENT 

Amendment of section 24, Central Act No. 35 of 2009.-In clause (d) of sub-section (1) of section 
24 of the principal Act, for the existing expression “as required”, the expression “required for achieving 
class appropriate learning level” shall be substituted. 

[Vide Rajasthan Act 32 of 2017, s. 5]. 

25. Pupil-Teacher Ratio.—(1) 1[Within three years] 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. Filling up vacancies of teachers.—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.  Prohibition  of  deployment  of  teachers  for  non-educational  purposes.—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. Prohibition of private tuition by teacher.—No teacher shall engage himself or herself in private 

tuition or private teaching activity. 

CHAPTER V 

CURRICULUM AND COMPLETION OF ELEMENTARY EDUCATION 

29. Curriculum and evaluation procedure.—(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 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. 

1. Subs. by Act 30 of 2012, s. 7, for “Within six months” (w.e.f. 1-8-2012). 

12 

 
 
 
                                                           
Rajasthan 

STATE AMENDMENT 

Amendment  of  section  29,  Central  Act  No.  35  of  2009.—In  sub-section  (1)  of  section  29  of  the 
principal  Act,  after  the  existing  expression  “curriculum”  and  before  the  existing  expression  “and  the  evaluation 
procedure”, the expression”, class appropriate learning level” shall be inserted. 

[Vide Rajasthan Act 32 of 2017, s. 6]. 

30.  Examination  and  completion  certificate.—(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. Monitoring of child's right to education.—(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           
(4 of 2006), 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.  Redressal  of  grievances.—(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 
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. Constitution of National Advisory Council.—(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. 

13 

 
(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.  Constitution  of  State  Advisory  Council.—(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 development. 

(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. 

CHAPTER VII 

MISCELLANEOUS 

35.  Power  to  issue  directions.—(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. Previous sanction for prosecution.—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. 

37. Protection of action taken in good faith.—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. 

38. Power of appropriate Government to make rules.—(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; 

1[(fa) the manner and the conditions subject to which a child may be held back under sub-section 

(3) of section 16;] 

1.  Ins. by Act 1 of 2019, s. 2 (w.e.f. 1-3-2019). 

14 

 
                                                           
(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) 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  authority,  the  manner  of  its  constitution  and  the  terms  and  conditions  therefor,  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. 

(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. 

1[39. Power of Central Government to remove difficulties.—(1) If any difficulty arises in giving 
effect  to  the  provisions  of  this  Act,  the  Central  Government  may,  by  order,  published  in  the  Official 
Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be 
necessary for removing the difficulty: 

Provided  that  no  order  shall  be  made  under  this  section  after  the  expiry  of  three  years  from  the 
commencement  of  the  Right  of  Children  to  Free  and  Compulsory  Education  (Amendment)  Act,  2012   
(30 of 2012). 

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each 

House of Parliament.] 

1. Ins. by Act 30 of 2012, s. 8 (w.e.f. 1-8-2012). 

15 

 
 
                                                           
THE SCHEDULE 

(See sections 19 and 25) 

NORMS AND STANDARDS FOR A SCHOOL 

Sl. No. 

Item 

1. 

Numbers of teachers: 

Norms and Standards 

(a) For first class to fifth class 

Admitted children  

Number of teachers 

Up to Sixty  

Between sixty-one to 
ninety 

Between Ninety-one to 
one hundred and twenty 

Between One hundred 
and twenty-one to two 
hundred 

Two 

Three 

Four 

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 class 

(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— 

(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; 

16 

 
 
 
 
 
 
 
Sl. No. 

Item 

Norms and Standards 

(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. 

(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. 

Minimum number of working 
days/instructional hours in an 
academic year 

Minimum number of working hours 
per week for the teacher 

Teaching learning equipment  

Shall be provided to each class as required. 

Library 

Play material, games and sports 
equipment 

There shall be a library in each school providing 
newspaper, magazines and books on all subjects, 
including story-books. 

Shall be provided to each class as required. 

3. 

4. 

5. 

6. 

7. 

17 

 
 
 
 
