eCourtsIndia
IndiaCode Laws
Act35
Enacted 2009

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

In force 39 sections Education

An Act to provide for free and compulsory education to all children of the age of six to fourteen years.

Act 35 of 2009 Enacted 26 Aug 2009 In force 01 Apr 2010 Department Department of School Education and Literacy

Administered by. Ministry of Education, Department of School Education and Literacy · Other Acts of 2009

Preamble

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:--

What this Act covers

Summary of the Right of Children to Free and Compulsory Education Act, 2009

The Right of Children to Free and Compulsory Education Act, 2009, ensures free and compulsory elementary education for children aged 6-14, emphasizing accessibility, quality, and protection against discrimination, with specific provisions for disadvantaged groups and children with disabilities.

Key Provisions

1. Infrastructure Norms

• Barrier-Free Access: Mandatory for all schools to ensure inclusivity.

• Separate Toilets for Boys and Girls: Essential for hygiene and dignity.

• Safe and Adequate Drinking Water Facility: Accessible to all children.

• Kitchen for Mid-Day Meals: Ensuring nutritional support within the school premises.

• Playground and Secured Fencing: For safety and recreational purposes.

• Operational Norms: Minimum Working Days/ Instructional Hours: 200 working days for 1st to 5th class, with 800 instructional hours. 220 working days for 6th to 8th class, with 1,000 instructional hours.

• Teacher Working Hours: 45 hours per week, including preparation time.

• Teaching-Learning Equipment, Library, and Play Material: To be provided as required for each class.

2. Transfer Rights and Support: Inter/Intra-State Transfers: Facilitated with immediate transfer certificates and no admission delays.

• Special Training for Age-Appropriate Admissions: To integrate children into their age-appropriate classes seamlessly.

3. Governance and Amendments:

• Parliamentary and Legislative Oversight: For transparency and accountability.

• Power to Remove Difficulties: Granted to the Central Government for smooth implementation. Key Points (Updated for Clarity):

4. Core Objective: Free and Compulsory Education for 6-14 year olds.

5. Responsibilities: Governments: Funding, Infrastructure, Teacher Training. *

• Local Authorities: Oversight, Attendance Monitoring, Special Provisions.

6. Prohibitions: Against Capitation Fees, Admission Screening, and Corporal Punishment.

Sections

Type to filter. 39 sections.

  1. 1Short title, extent, application and commencement
  2. 2Definitions
  3. 3Right of child to free and compulsory education
  4. 4Special provisions for children not admitted to, or who have not completed, elementary education
  5. 5Right of transfer to other school
  6. 6Duty of appropriate Government and local authority to establish school
  7. 7Sharing of financial and other responsibilities
  8. 8Duties of appropriate Government
  9. 9Duties of local authority
  10. 10Duty of parents and guardian
  11. 11Appropriate Government to provide for pre-school education
  12. 12Extent of school’s responsibility for free and compulsory education
  13. 13No capitation fee and screening procedure for admission
  14. 14Proof of age for admission
  15. 15No denial of admission
  16. 16Examination and holding back in certain cases
  17. 17Prohibition of physical punishment and mental harassment to child
  18. 18No school to be established without obtaining certificate of recognition
  19. 19Norms and standards for school
  20. 20Power to amend Schedule
  21. 21School Management Committee
  22. 22School Development Plan
  23. 23Qualifications for appointment and terms and conditions of service of teachers
  24. 24Duties of teachers and redressal of grievances
  25. 25Pupil-Teacher Ratio
  26. 26Filling up vacancies of teachers
  27. 27Prohibition of deployment of teachers for non-educational purposes
  28. 28Prohibition of private tuition by teacher
  29. 29Curriculum and evaluation procedure
  30. 30Examination and completion certificate
  31. 31Monitoring of child’s right to education
  32. 32Redressal of grievances
  33. 33Constitution of National Advisory Council
  34. 34Constitution of State Advisory Council
  35. 35Power to issue directions
  36. 36Previous sanction for prosecution
  37. 37Protection of action taken in good faith
  38. 38Power of appropriate Government to make rules
  39. 39Power of Central Government to remove difficulties

Schedules

This Act has 1 schedule. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

Amending Acts

2 Acts amending this enactment, passed by Parliament of India. The text above is the consolidated text as published.

  • The Right of Children to Free and Compulsory Education (Amendment) Act, 2019.35 of 2019
  • The Right of Children to Free And Compulsory Education (Amendment) Act, 201235 of 2012

Rules made under this Act

37 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • The Delhi Right of Children to Free and Compulsory Education(Amendment) Rules,20202022
  • Mid-Day Meal (Amendment) Rules, 20192019
  • Notification dated 28.02.2019 regarding enforcement of RTE(Amendment) Act, 20192019
  • Relaxation to Tripura under section 23(2) of RTE Act, 2009.2019
  • The Right of Children to Free and Compulsory Educaiton (Amendment) Act, 20192019
  • The Right of children to Free and Compulsory Education (Amendment) Act, 20192019
  • Notification dated 28.6.2018 of NCTE reg. amendment in notification dated 23rd August, 2010 reg minimum qualification.2018
  • Re-constitution of State Advisory Council2018
  • Central RTE (Amendment) Rules , 20172017
  • Constitution of State Advisory Council (Amendments)2017
  • Inclusion of children suffering from HIV-AIDS as Child belonging to Disadvantage Group2017
  • Mechanism for redressal of Grievances of Staff (Teaching & Non-Teaching) Amendments2017
  • Mid-Day Meal (Amendment) Rules, 20172017
  • Notification regarding Relaxation under Section 23(2) of the RTE Act, 2009 to the State of Assam -2017
  • Notification regarding the 'children living with or affected by HIV as Child belonging to disadvantaged Group in respect of Chandigarh, Dadra and Nagar Haveli and Daman and Diu under Section 2(d) of the RTE Act, 20092017
  • RTE (Second Amendment) Rules, 20172017
  • Reconstitution of the National Advisory Council (NAC) under Section 33 of the Right of Children to Free and Compulsory Education Act, 20092017
  • The Delhi Right of Children to Free and Compulsory Education Rules(Amendment), 20172017
  • The Right of children to Free and Compulsory Education (Amendment) Act, 20172017
  • Amendment in Chhattisgarh Free and Compulsory Right to Education Act, 20102016
  • Amendment in the Chhattisgarh Right to Children to Free and Compulsory Education Rules, 20102015
  • Central RTE (Amendment) Rules , 20152015
  • Mid Day Meal Rules 20152015
  • the Puducherry Right to Education Protection Authority Rules, 20122012
  • Guidelines dated 11.2.2010 for conducting Teacher Eligibility Test (TET) under RTE Act.2011
  • Notification dated 19th January,2011 for including CTSA as speicified category school.2011
  • Notification dated 29.7.2011 of NCTE reg. amendment in notification of 23rd August, 2010 on minimum teacher qualification2011
  • Notification of Chhattisgrh State Child belonging to disadvantaged group2011
  • Notification regarding the intention of the child belonging to the disadvantaged group in Chhattisgarh State under the Right to Free and Compulsory Child Education Act2011
  • Tamil Nadu Right of Children to Free and Compulsory Education Rules, 20112011
  • The Delhi Right of Children to Free and Compulsory Education Rules, 20112011
  • The Puducherry Right of Children to Free and Compulsory Education Rules, 20112011
  • The Right of Children to Free and Compulsory Education, Himachal Pradesh Rules, 20112011
  • the Right of Children to Free and Compulsory Education rules 20112011
  • Central RTE Rules, 20102010
  • Notification dated 23.8.2010 of NCTE laying down the minimum qualification for a person to be eligible for appointment as a School teacher us 23 (1) of the RTE Act.2010
  • Notification dated 31st March,2010 for appointment of NCTE as academic authority us 23 of the RTE Act and of NCERT as the academic authority us 29 of the RTE Act2010

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 39 sections of this Act has its own page. This page is not a substitute for legal advice.