SURYA PRAKASH

HISTORICAL PERSPECTIVE OF RTE

1598 - Concept of Compulsory Education Platos The Republic
1870 Compulsory Education Act Passed in Britain
1882 Indian Education Commission
1893 Maharaja Boroda introduced Compulsory Education for Boys in Amreli Taluk.
1906 Maharaja Boroda extended Compulsory Education to Rest of the State
1906 Gopala Krishna Gokhale made a plea to Imperial Legislative
Council for Introduction of 1717 - Prussia Introduced Free and Generally Compulsory
Primary Education Consisting of Eight Year Course of Basic Education
Free and Compulsory Education
1910 Gokhale moved Private Members Bill on 18-03- 1910 and it was Rejected
1917 - First Law on Compulsory Education Passed (Patel Act)
SURYA PRAKASH
1918 Every Province in British India gets Compulsory Education
Act on Its Statute Book
1930 - Hartog Committee Recommends for Better Quality.
1937 Mahatma Gandhi Called for Universal Education.
1946 Constitutient Assembly Begin its Task about UEE
1947 Kher Committee set up to Explore ways and means of
achieving UEE
1947 Rejects free and Compulsory Education as a Fundamental
Right & sends Clause to list of non-Justiciable fundamental
Right(Later Termed as Directive Principles of State Policy
1950 Article 45 of Directive Principles of State Policy accepted
1993 Supreme Court Held Free Education
Until the Child Completes the age of 14 to be a Fundamental Right
(Article 21)
2002 86 th Constitutional Amendment Insertion of New
article 21 A (RIGHT TO EDUCATION)
SURYA PRAKASH
 Article 21-A inserted in Fundamental Rights

Stipulates that:
The State shall provide free and compulsory education to all children of the age of
6 to 14 years in such manner as the State may, by law, determine.
it shall come into force from such date as the Central Government may by
notification in the Official Gazette, appoint.
The Act Contains 7 Chapters,38 Sections and 1 Schedule.
Chapter -I : Introduction, Definitions (Sections 1-2)
Chapter II : Free and Compulsory Education. (Sections 3-5)
Chapter III : Duties of Appropriate Government (Sections 6-11)
Chapter IV : Responsibilities of schools & teachers(Sections 12-28)
Chapter-V: Curriculum &Completion of EE (Sections 29-30)
Chapter VI: Protection of Right of Children (Sections 31-34)
Chapter VII: Miscellaneous (Sections 35-38)
Schedule:
SURYA PRAKASH Norms & Standards for a school
 Chapter I Preliminary

Section 1 Short Title , extent and commencement.

This Act may be called the Right of Children to
free and compulsory Education Act, 2009
It shall extend to the whole of India except the State
of Jammu and Kashmir.
It shall come into force on such date as the Central
Government may by notification in the Official Gazette,
appoint.

SURYA PRAKASH
 Section 2 Definitions

APPROPRIATE GOVERNMENT:
1.In relation to a School established, owned or controlled by the
Central Government, or the administrator of the Union Territory, having
no legislature, the Central Government.
2.In relation to a school, other than the school referred to in sub-
clause (i), established within the territory of a State, the State
Government.
CAPITATION FEE :Any kind of donation or contribution or payment
other than the fee identified by the School.
CHILD : A male or female child of age 6-14 years.
DISADVANTAGE GROUP: Means a child belonging to SC,ST,
Orphans, HIV affected/infected and Specified by the appropriate Govt by notification.

SURYA PRAKASH
Weaker section : A child belonging to Such Parent or Guardian
whose annual income is lower the minimum limit Specified by the
appropriate Govt by notification
Elementary Education: The education from first class to eighth
class
Guardian: A person having the care and custody of that child and
includes a natural guardian or guardian appointed or declared by a
court or a statute
Local authority: Such authority or body having administrative
Control over the school
NCPCR: National Commission for Protection of Child Rights
Parent: Either the natural or step or adoptive father or mother of a
child

SURYA PRAKASH
School: Any recognized school imparting elementary education and
includes
(i) a school established, owned or controlled by the appropriate
Government or a local authority
(ii) an aided school receiving aid or grants to meet whole or part of
its expenses from the appropriate Government or the local authority.
(iii) a school belonging to specified category; and
(iv) an unaided school (not receiving any kind of aid or grants to
meet its expenses from appropriate Government or the local authority
Screening procedure: The method of selection for admission of a
child, in preference over another, other than a random method
Specified category: Kendriya Vidyalaya, Navodaya Vidyalaya, Sainik
School or any other school having a distinct character which may be
specified by the appropriate Government
SPCPR:
SURYA PRAKASH
The State Commission for Protection of Child Rights
 Chapter II Right to Free and Compulsory Education
Sec. 3 - Right of Child to Free and Compulsory Education
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. For the purpose no child shall be liable to pay any kind
of fee or charges or expenses
Sec. 4 - Special Provision for Children not admitted to any school.
An OSC shall be admitted in a class appropriate to his or her age

Special training to enable such children to be at par with others

Child so admitted entitled to completion of EE even after age 14

SURYA PRAKASH
 Sec. 5 - Right of transfer to other school

If there is no provision for completion of elementary education for

completing his or her EE, or if he/she is required to move from one school
to another, either within a State or outside, for any reason whatsoever,
such child shall have a right to seek transfer to any other school.

For seeking admission in such other school, the Head-teacher or in-

charge of the school where such child was last admitted, shall immediately
issue the transfer certificate. Provided that delay in producing transfer
certificate shall not be a ground for either delaying or denying admission in
such other school

Head-teacher or in-charge of the School delaying issuance of transfer

certificate shall be liable for disciplinary action under the service rules
applicable to him, or her.
SURYA PRAKASH
 CHAPTER III- DUTIES OF APPROPRIATE GOVERNMENT, LOCAL
AUTHORITY & PARENTS
Sec. 8- Duties of appropriate Govt
(a) provide free and compulsory elementary education to every child
(i) provide free elementary education to every child of the age of six to fourteen
years
(ii) compulsory admission, attendance and completion of EE by every 6-14 age
child.
(b) ensure availability of a neighbourhood school
(c) ensure that the child belonging to weaker section and disadvantaged group are
not discriminated
(d) provide infrastructure including school building, teaching staff and learning
equipment
(e) provide special training facility for OSC
(f) ensure and monitor admission, attendance and completion of elementary
education by every child
(g) ensure good quality EE
(h)
SURYA PRAKASH
ensure timely prescribing of curriculum and courses of study for EE
(i) provide training facility for teachers.
 Sec.9 - Duties of local authority.
Along with above duties,the local authority shall
-Maintain records of children up to the age of 14 yrs
-Monitor functioning of the School
- Prepare Academic Calendar
-Preparation of School Development Plan
Sec. 10 - Duty of parents and guardians.
It shall be the duty of every parent or guardian to admit his or
her child in the neighborhood school.
Sec. 11 - Pre-School Education.
Government may provide pre-primary education to all children
in the age group of 3-5 years to prepare for primary education

SURYA PRAKASH
 Chapter IV Responsibilities of Schools & Teachers

Sec. 12 - Schools responsibility for mere and compulsory education.

A school (2(n)(i)) should provide free & compulsory EE to all the 6-14 age children admitted

Aided schools to provide free education to at least 25% children based upon the proportion of
annual recurring grant & aid
All unaided &specific category schools to provide free education to at least 25% children
belonging to disadvantaged groups from the neighbourhood in class-I . Govt. have to reimburse
expenditure

Sec.13 - No capitation fee and screening procedure for admission.

Sec.14 - Proof of age for admission.
Sec. 15 - No denial of admission for lack of age proof.
Sec. 16 - Prohibition of holding back and expulsion.
Sec. 17 - Prohibition of physical punishment and mental harassment to child.

SURYA PRAKASH
 Sec.18 - No School to be established without obtaining
certificate of Recognition.
Provided that no such recognition shall be granted to a school unless it fulfils
norms and standards specified under section 19.
On the contravention of the conditions of recognition, the prescribed authority
shall, by an order in writing, withdraw recognition & the children to be admitted in
the neighbourhood school
No School should run after withdrawal of recognition
Sec. 19 - Norms and standards for school
No school shall be established, unless it fulfill the norms and standards specified
in the Schedule (Teachers, Infrastructure, no. of working days etc.)
If already established, within a period of 3 yrs, it should take steps to fulfill norms
& Standards
with effect from the date of withdrawal of recognition, no school shall continue to
function
Sec. 20 - Power to amend schedule
Central government may have the power to amend the schedule
SURYA PRAKASH
Sec. 21 - School management committee
Formation of SMC with elected representatives and parents
( Atleast 3/4 of members of such Committee shall be parents or
guardians)
(2) The School Management Committee shall perform the following
functions :--
(a) monitor the working of the school;
(b) prepare and recommend school development plan;
(c) monitor the utilization of the grants received from the appropriate
Government or local authority or any other source;
(d) perform such other functions as may be prescribed.

SURYA PRAKASH
Sec. 22 - School Development Plan
Every School Management Committee constituted shall prepare a
School Development Plan, in such manner as may be
prescribed,shall be the basis for the plans and grants to be made
by the appropriate Government or local authority .
Sec. 23 - Qualifications for appointment and terms and conditions
of service of teachers.
Any person possessing such minimum qualifications, as laid
down by an academic authority, authorized by the Central
Government by notification, shall be eligible for appointment as a
teacher

SURYA PRAKASH
 Chapter IV Responsibilities of Schools & Teachers

Provided that a teacher who, at the commencement of the

Act, does not possess minimum qualifications as laid down
under sub-section (1) shall acquire such minimum
qualifications within a period of five years.
The salary and allowance payable to teachers shall be
such as may be prescribed.
Sec. 24 - Duties of teachers and redressal of grievances.
Maintain regularity and punctuality in attending the school,
conduct and complete the curriculum, asses the learning
ability of each child, conduct regular meetings with parents,
giving additional instructions if required etc.

SURYA PRAKASH
 Sec. 25 - Pupil - Teacher Ratio.
Within six months from the date of commencement of this Act
the appropriate Government and the local authority shall ensure
that the PTR as specified in the Schedule is maintained in each
school.
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.

Sec. 26 - Filling up vacancies of teachers.
Appropriate Government or a local authority, shall ensure that
vacancy of teacher in a school under its control shall not exceed
ten percent of the total sanctioned strength.

SURYA PRAKASH
 Sec. 27 - Prohibition of deployment of teachers for non-
educational purposes
Prohibits deployment of teachers for non-education
purpose, except:
Decennial census
Disaster relief
Elections to Parliament, State Legislatures, Local
Bodies
Sec. 28 - Prohibition of private tuitions by teachers
No teacher shall engage himself or herself in private tuition
or private teaching activity.

SURYA PRAKASH
 Chapter V Curriculum and Completion of EE
Sec. 29 - Curricular and evaluation procedure.
Curriculum by prescribed academic authority should:
Conform to constitutional values
Make child free from fear, trauma and anxiety
Be child centred, child friendly; provide for learning through
activities
Medium of instruction child mother tongue to the extent
possible
Provide for comprehensive and continuous evaluation
Sec. 30 - Examination and completion certificate.
No Board examinations till completion of EE
Every child completing his EE shall be awarded a certificate, in such
form and in such manner, as may be prescribed ( Cumulative Record)
SURYA PRAKASH
 Chapter VI- Protection of Rights of Children

Sec. 31 - Monitoring of child right to education.

Bill assigns NCPCR/SCPCR additional functions
Examine and review safeguards for rights under this Act, recommend
measures for effective implementation
Inquire into complaints relating to childs right to free and compulsory
education
NCPCR/SCPCR have powers assigned under Section 14 and 24 of the
Commissions for Protection of Child Rights Act
Where SCPCR not constituted, appropriate govt. may constitute an
Authority

SURYA PRAKASH
 CHAPTER VI- PROTECTION OF RIGHTS OF CHILDREN
Sec. 32 - Redressal of grievances.
Any person have any grievance relating to the right of a child under
this Act may make a written complaint to the local authority having
jurisdiction
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
Sec. 33 - Constitution of National Advisory Council.
The Central Government shall constitute, by notification a National
Advisory Council, consisting of members, not exceeding fifteen,to be
appointed from amongst persons having knowledge and practical
experience in the filed of EE and child development
To advise the Central Government on implementation of the
provisions of the Act in an effective manner.
Sec. 34 - Constitution of State Advisory Council.
SURYA PRAKASH
 Chapter VII - Miscellaneous

Sec. 35 - Power to issue directions

Central govt.--State govt.--Local Authority--SMC
Sec. 36 - Previous sanction for prosecution
Sec. 37 - Protection of action taken in good faith
Sec. 38 - Power of appropriate Govt. to make rules
The appropriate Government may, by notification, make
rules, for carrying out the provisions of this Act.,such as

SURYA PRAKASH
the manner of giving special training and the time limit thereof
the area or limits for establishment of a Neighbourhood school,
under section 6;
the manner of maintenance of records of children upto the age of 14
years(9.d)
the manner and extent of reimbursement of expenditure, under 12(2)
any other document for determining the age of child under sub-
section (1) of section 14;
the extended period for admission and the manner of completing
study if admitted after the extended period under section 15;
the form, the period, the manner and the conditions for issuing
certificate or recognition, under sub-section (2) of section 18;

SURYA PRAKASH
the other functions to be performed by SMC under clause (d) of
sub-section (2) of section 21;
the manner of preparing School Development Plan under sub-
section (1) of section 22;
the salary and allowances payable to, and the terms and conditions
of service of, teacher, under sub-section(3) of section 23;
the duties to be performed by the teacher under clause (f) of sub-
section (1) of section 24;
The manner of redressing grievances of teachers under sub-
section (3) of section 24;
The form and manner of awarding certificate for completion of EE
under sub-section (2) of section 30;
The allowances and other terms ad conditions of appointment of
Members of the National Advisory Council/ State Advisory Council
SURYA PRAKASH
 THE SCHEDULE
(See sections 19 and 25)
NORMS AND STANDARDS FOR A SCHOOL
S. Item Norms&Standards
No
1 Number of teachers: Admitted children upto Number of teachers 2
a)For I-V classes 60 Three
Four
61-90 Five
91-120 Five + one head
121-150 teacher
Above 150 PTR shall not exceed
40(Including Head
Above 200 Teacher)

b)For VI-VIII classes 1)At least one teacher per one class so that there
shall be at least one teacher each for (i) Science &
Mathematics, (ii) Social studies, (iii) Languages
SURYA PRAKASH
 THE SCHEDULE
(See sections 19 and 25)
NORMS AND STANDARDS FOR A SCHOOL

(2) At least one teacher for every thirty five children

(3) Where admission of children is above one hundred
-(i) a full time head teacher;
-(ii) part time instructors for
1. Art Education
(B) Health and Physical Education
(C) Work Education

2 Building All weather building consisting of (i) at least one class-room for every
teacher and an office-cum-store cum-head-teachers room; (ii) barrier
free access (iii) separate toilets for boys and girls (iv) safe and
adequate drinking water facility to all children (v) a kitchen where mid-
day meal is cooked in the school; (vi) Playground (vii) arrangements
for securing the school building by boundary wall or fencing.

SURYA PRAKASH
 THE SCHEDULE
(See sections 19 and 25)
NORMS AND STANDARDS FOR A SCHOOL

(2) At least one teacher for every thirty five children

(3) Where admission of children is above one hundred
-(i) a full time head teacher;
-(ii) part time instructors for
1. Art Education
(B) Health and Physical Education
(C) Work Education

2 Building All weather building consisting of (i) at least one class-room for
every teacher and an office-cum-store cum-head-teachers room; (ii)
barrier free access (iii) separate toilets for boys and girls (iv) safe
and adequate drinking water facility to all children (v) a kitchen
where mid-day meal is cooked in the school; (vi) Playground (vii)
arrangements for securing the school building by boundary wall or
fencing.

SURYA PRAKASH
 THE SCHEDULE
(See sections 19 and 25)
NORMS AND STANDARDS FOR A SCHOOL
3 Minimum number of (i) 200 working days for I-V
working days / classes; (ii) 220 working days for VI-VIII
instructional hours in an classes; (iii) 800 instructional hours per
academic year
academic year for I-V classes; (iv) 1000
instructional hours per academic year for VI-VIII
classes.

4 Min. no. of working 45 teaching hrs including preparation

hours/week/Teacher
hours.
5
6
TLE Shall be provided as required/each class
Library Books in all subjects, story books, news
7
paper magazines
Play material, games & Shall be provided as required/each class
sports equipment
SURYA PRAKASH
SURYA PRAKASH