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Vital provisions of RTE Act, 2009

EducationWorld May 13 | Cover Story EducationWorld

s.2.(n) “School” means any recognised school imparting elementary education and includes: (iii) 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 local authority.

s.3.(1) Every child of the age of six to fourteen years shall have a right to free and compulsory education in a neighbourhood school till completion of 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 elementary education.

s.7.(1) The Central government and the state governments shall have concurrent responsibility for providing funds for carrying out the provisions of this Act.

s.8.(a) The appropriate government shall provide free and compulsory elementary education to every child…

s.12.(1) (c) For the purposes of this Act, a school 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 percent of the strength of that class, children belonging to weaker sections and disadvantaged groups in the neighbourhood and provide free and compulsory elementary education till its completion… Provided further that where a school specified in clause (n) of s.2 imparts pre-school education, clauses (a) to (c) shall apply for admission to such pre-school admission.

s.13. (i) 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.

s.16. No child admitted in a school shall be held back in any class or expelled from school till the completion of elementary education.

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 the prescribed authority.

s.19 (1) No school shall be established, or recognised, under section 18, unless it fulfils the norms and standards specified in the Schedule.

(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.

(5) Any person who continues to run an unrecognised school, shall be liable to fine of Rs.1 lakh and Rs.10,000 per day of contravention.

s.20. The Central government may, by notification, amend the Schedule by adding to, or omitting therefrom, any norms and standards.

s.21.(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…

s.28. No teacher shall engage himself or herself in private tuition or private teaching activity.

s.29(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.

 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.


s.12 (1) (c) admission eligibility Rules

  RTE Rules Notification Annual income ceiling (Rs.) Govt. fee reimbursement (Rs.)
Karnataka April  2012 350,000 11,848
Maharashtra October 2011 100,000 12,000
Tamil Nadu
November 2011 200,000 NA*
Andhra Pradesh  February 2011 60,000 NA
Delhi November 2011 60,000 14,280
Uttar Pradesh July  2011 BPL* NA
Rajasthan March 2011 250,000 9,847
West Bengal February 2011 BPL NA
Madhya Pradesh
March 2011 BPL 2,607
Gujarat February 2012 BPL 3,049

*BPL: below poverty line, NA: Not Available

Source: EW Compilation

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