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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[(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.