Section38
The Right of Children to Free and Compulsory Education Act, 2009

Power of appropriate Government to make rules

In force From 01 Apr 2010 Act 35 of 2009 As on 15 Oct 2026

Act 35 of 2009 Ministry Education Enacted 26 Aug 2009 In force 01 Apr 2010 Instruments 17

Section 38 of the Right of Children to Free and Compulsory Education Act, 2009 deals with power of appropriate Government to make rules. The appropriate Government may, by notification, make rules, for carrying out the provisions of this Act. The Act came into force on 01 Apr 2010.

(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;]

(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.

Section 38, The Right of Children to Free and Compulsory Education Act, 2009 (Act 35 of 2009).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Made under this section, and citing it

15 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.

Another 2 instruments name this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 38

What does Section 38 of the Right of Children to Free and Compulsory Education Act deal with?

Section 38 of the Right of Children to Free and Compulsory Education Act is headed "Power of appropriate Government to make rules". The appropriate Government may, by notification, make rules, for carrying out the provisions of this Act.

How do I find court cases under Section 38 of the Right of Children to Free and Compulsory Education Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: RTE Act 38, section 38 RTE Act, section 38 of the Right of Children to Free and Compulsory Education Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 38 of the Right of Children to Free and Compulsory Education Act, and has it changed?

Its own text turns on section 4 (Special provisions for children not admitted to, or who have not completed, elementary education), section 6 (Duty of appropriate Government and local authority to establish school), section 9 (Duties of local authority), section 12 (Extent of school’s responsibility for free and compulsory education), and on 13 further provisions, so none of them can safely be read on its own. The rules and notifications made under it are where it actually bites, and there are 15: most recently The Delhi Right of Children to Free and Compulsory Education(Amendment) Rules,2020 (2022), then Re-constitution of State Advisory Council (2018), and 13 more.

When did Section 38 of the Right of Children to Free and Compulsory Education Act come into force?

Section 38 of the Right of Children to Free and Compulsory Education Act, cited as RTE Act 38, came into force on 01 Apr 2010, having been enacted on 26 Aug 2009. It is in force as at the date shown on this page.

Other sections of this Act

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. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.