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). 8

(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):

(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:- “

(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:

(3) On the contravention of the conditions of recognition, the prescribed authority shall, by an order in writing, withdraw recognition:

(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. 9

(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

(2) The School Management Committee shall perform the following functions, namely:—

(1) in respect of,—

(2) of section 21 of the principal Act,-

(1) Every 2[School Management Committee, except the School Management Committee in respect of a school established and administered by minority, whether based on religion or language and an aided school as defined in sub-clause (ii) of clause

(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:

(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.].

(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:—

(2) of section 29;

(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:

(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). 11 STATE AMENDMENT Rajasthan Amendment of section 24, Central Act No. 35 of 2009.-In clause

(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. CHAPTER V CURRICULUM AND COMPLETION OF ELEMENTARY EDUCATION 29. Curriculum and evaluation procedure.—

(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.

(2) The academic authority, while laying down the curriculum and the evaluation procedure under sub-section

(1), shall take into consideration the following, namely:—

(1) of section 29 of the principal Act, after the existing expression “curriculum” and before the existing expression “and the evaluation procedure”, the expression”, class appropriate learning level” shall be inserted. [Vide Rajasthan Act 32 of 2017, s. 6]. 30. Examination and completion certificate.—

(1) No child shall be required to pass any Board examination till completion of elementary education.

(2) Every child completing his elementary education shall be awarded a certificate, in such form and in such manner, as may be prescribed. CHAPTER VI PROTECTION OF RIGHT OF CHILDREN 31. Monitoring of child's right to education.—

(1) The National Commission for Protection of Child Rights constituted under section 3, or, as the case may be, the State Commission for Protection of Child Rights constituted under section 17, of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006), shall, in addition to the functions assigned to them under that Act, also perform the following functions, namely:—

(2) The said Commissions shall, while inquiring into any matters relating to child's right to free and compulsory education under clause

(1), have the same powers as assigned to them respectively under sections 14 and 24 of the said Commissions for Protection of Child Rights Act.

(3) Where the State Commission for Protection of Child Rights has not been constituted in a State, the appropriate Government may, for the purpose of performing the functions specified in clauses

(1), constitute such authority, in such manner and subject to such terms and conditions, as may be prescribed. 32. Redressal of grievances.—

(1) Notwithstanding anything contained in section 31, any person having any grievance relating to the right of a child under this Act may make a written complaint to the local authority having jurisdiction.

(2) After receiving the complaint under sub-section

(1), the local authority shall decide the matter within a period of three months after affording a reasonable opportunity of being heard to the parties concerned.

(3) Any person aggrieved by the decision of the local authority may prefer an appeal to the State Commission for Protection of Child Rights or the authority prescribed under sub-section

(3) of section 31, as the case may be.

(4) The appeal preferred under sub-section

(3) shall be decided by State Commission for Protection of Child Rights or the authority prescribed under sub-section

(3) of section 31, as the case may be, as provided under clause

(1) of section 31. 33. Constitution of National Advisory Council.—

(1) The Central Government shall constitute, by notification, a National Advisory Council, consisting of such number of Members, not exceeding fifteen, as the Central Government may deem necessary, to be appointed from amongst persons having knowledge and practical experience in the field of elementary education and child development. 13

(2) The functions of the National Advisory Council shall be to advise the Central Government on implementation of the provisions of the Act in an effective manner.

(3) The allowances and other terms and conditions of the appointment of Members of the National Advisory Council shall be such as may be prescribed. 34. Constitution of State Advisory Council.—

(1) The State Government shall constitute, by notification, a State Advisory Council consisting of such number of Members, not exceeding fifteen, as the State Government may deem necessary, to be appointed from amongst persons having knowledge and practical experience in the field of elementary education and child development.

(2) The functions of the State Advisory council shall be to advise the State Government on implementation of the provisions of the Act in an effective manner.

(3) The allowances and other terms and conditions of appointment of Members of the State Advisory Council shall be such as may be prescribed. CHAPTER VII MISCELLANEOUS 35. Power to issue directions.—

(1) The Central Government may issue such guidelines to the appropriate Government or, as the case may be, the local authority, as it deems fit for the purposes of implementation of the provisions of this Act.

(2) The appropriate Government may issue guidelines and give such directions, as it deems fit, to the local authority or the School Management Committee regarding implementation of the provisions of this Act.

(3) The local authority may issue guidelines and give such directions, as it deems fit, to the School Management Committee regarding implementation of the provisions of this Act. 36. Previous sanction for prosecution.—No prosecution for offences punishable under sub-section

(2) of section 13, sub-section

(5) of section 18 and sub-section

(5) of section 19 shall be instituted except with the previous sanction of an officer authorised in this behalf, by the appropriate Government, by notification. 37. Protection of action taken in good faith.—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. 38. Power of appropriate Government to make rules.—

(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:—

(2) of section 12;

(1) of section 14;

(3) of section 16;] 1. Ins. by Act 1 of 2019, s. 2 (w.e.f. 1-3-2019). 14

(1) of section 18;

(2) of section 18;

(3) of section 18;

(2) of section 21;

(1) of section 22;

(3) of section 23;

(1) of section 24;

(3) of section 24;

(2) of section 30;

(3) of section 31;

(3) of section 33;

(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. 1 [39. Power of Central Government to remove difficulties.—

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty:

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.] 1. Ins. by Act 30 of 2012, s. 8 (w.e.f. 1-8-2012). 15 THE SCHEDULE (See sections 19 and 25) NORMS AND STANDARDS FOR A SCHOOL Sl. No. Item Norms and Standards 1. Numbers of teachers:

(1) At least one teacher per class so that there shall be at least one teacher each for—