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;
8
(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).
9
(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.]
STATE AMENDMENT
Rajasthan
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.
10
(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 atleast 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
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).
11
on religion or language and an aided school as defined in sub-clause (ii) of clause (n) of section 2,
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 (24 of 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).
12
STATE AMENDMENT
Rajasthan
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