Right to education act kerala

Commission for Protection of Child Rights

The Right of Children to Free and Compulsory Education
Act – 2009 (RTE Act – 2009)

The Parliament of India has been enacted the Right of Children to Free and Compulsory Education Act – 2009 for the beneficial of the children aged from 6 years to 14 years. This was enacted by the Article 21 (a) of the Constitute of India under the declared provisions of the Articles 29 and 30 of the constitution.

The Functions of the Right to Education Act – 2009

Right to child to free and compulsory Education
Special provisions for children not admitted to, or who have not completed, elementary education.
Right of transfer to other school
Duty or appropriate Government and Local authority to establish school
Sharing and financial and other responsibilities of Governments
Duties of appropriate government and Local Self authorities
Duty of parents and Guardian
Appropriate Government to provide pre-school education
Extent of school’s responsibility for Free and Compulsory Education.
No Capitation Fee and Screening procedure for admission
Proof of age for admission
No deprival of Admission
Prohibition of physical punishment and mental harassment to child
No school to be established without obtaining certificates of recognition
Norms and standards for school
Power to amend schedule
School Management Committee
School Development plan
Qualification for appointment and terms and conditions of service of teachers.
Duties of teachers and redressed of grievances
Pupil – Teacher Ratio
Filling up the vacancies of teacher
Prohibition of Deployment of teacher for non-educational purposes
Prohibition of private tuition by teacher
Curriculum and evaluation procedure
Examination and completion certificates
Constitution of National/State Advisory Council
Power to issue Directions
Previous Sanction for prosecution
Protection of Action taken in good faith
Power of appropriate Government to make rules
Power of Government to remove difficulties

The Government of Kerala has been enacted the Kerala Rights of Children to free and Compulsory Education Rules – 2011 by the power informed by the section 38 of the Right of Children to Free Compulsory Education Act – 2009. The Kerala State Commission for the Protection of Child Rights empowered to protect to provisions envisaged in both RTE Act – 2009 and Kerala RTE Rules 2011 for favour of the Rights children. The Public or any aggrieved person an approach the Commission for the restatement for the breach of Rights of children.

Right to Education Act (RTE Act) – 2009

The Right of Children to free and Compulsory Education Act or Right to Education Act (RTE) is an Act of the Parliament of India enacted on 4 th August 2009, which describes the modalities of the importance of free and compulsory education for Children between the age of 6 to 14 years in India under Article 21 A of the constitution of India as well as the provisions in the Articles 29 and 30 of the constitution.

Features of Right to Education Act – 2009

Right of child to free and compulsory education
Special provisions for children not admitted to, or who have not completed, elementary education.
Right of Transfer to other school
Duty of appropriate Government and local authority to establish school
Sharing of financial and other responsibilities
Duties of appropriate Government
Duties of Local Authority
Duty of Parents and Guardian
Appropriate Government to Provide for Pre-School education
Extent of School responsibility for free and compulsory Education
No capitation fee and screening procedure for admission
Proof of age for Admission
No denial of admission
Prohibition of holding back and explosion
Prohibition of physical punishment and mental harassment to child
No school to be established without obtaining certificates of recognition
Norms and standards for school
Power to amend schedule
School Management Committee
School Development plan
Qualification for appointment and terms and conditions of service of teachers.
Duties of teachers and redressed of grievances
Pupil – Teacher Ratio
Filling up the vacancies of teacher
Prohibition of Deployment of teacher for non-educational purposes
Prohibition of private tuition by teacher
Curriculum and evaluation procedure
Examination and completion certificates
Redressed of grievances
Constitution of National/State Advisory Council

The Relevant Provisions in RTE Act – 2009

Every child of the age of 6-14 years shall have the right to free and compulsory education in a neighborhood school till he completion of his or her elementary education – (Section – 3(1).
If a child above 6 years of age has not been admitted in any school or through admitted, could not complete his or his elementary education, then he or she shall be admitted in a class appropriate to his or her age. A child so admission to elementary education shall be entitled to free education till completion of elementary education even after 14 year – (Section – (4).
If a child is directly admitted in a class appropriate to his or her age, then he or she in order to be at part other have a right to receive special training in such minor and within such time limits – (Section – (4).
Child has the right to move from one school to another either within a state or outside such child have a right to seek transfer to any other school –
(Section – 5(2).
Delay in producing transfer certificates shall not be a ground for either delaying or denying admission of a child in such other school – (Section – 5(3).
The Head-teacher or in charge of the school who delaying issuance of transfer certificate shall be unable disciplinary action under service rules applicable – (Section – 5(3).
It shall be the duty of every parent or guardian to admit or cause to be admitted his or her child to an elementary education in the neighborhood school – (Section – 10).
Prepare children above the age of 3 years for elementary education and to provide early childhood care and education for all children until they complete the age of 6 years, the appropriate Government may take necessary arrangement for providing free pre-school education for such children – (Section – 11).
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. Any school or person receives capitation fee, shall be punishable with the which may extent to ten times the capitation fee charged, and subjects a child to screening procedure shall be punishable with fine which may extend to Rs.25,000/- for the first contravention and Rs.50,000/- for each subsequent contraventions – (Section – 13).
A child shall be admitted in a school at the commencement the academic year or within such or tended as may be prescribed and no child shall be denied admission if such admission is sought subsequent to the entered period – (Section – 15).
No child admitted in a school shall be field back in any class or expelled from school till the completion of elementary education.
No child shall be subject to physical punishment or mental harassment – (Section – 17(1).
Whoever contravenes the provisions shall be unable to disciplinary action under the service rules applicable to sub person – (Section – 17(2).
No school other than the school established owner or controlled by the appropriate government or the local authority shall established or function without obtaining a certificate of recognition from such authority as may be prescribed such school which rooms without obtaining the certificate of recognition or continues to run school after withdrawl of recognition, shall be unable to fine which may be expand 1 lakh rupees and in case continuing contravention to fine of Rs.10,000/- for each day doing which such contravention continues – (Section – 18)
No school shall be established, or recognized until it full fills the norms and standards specified in the schedule – (Section – 19).
At school shall constitutes a school Management Committee consisting of the elected representatives of the local authority parents or guardians of children admitted in such school and teacher – (Section – 21(1).
The school Management Committee constituted in a school established and administrated by minority whether based on religion or language and all other aided schools shall perform advisory function only – (Section – 21(2).
Every school Management Committee shall prepare a school Development Plan in such manner or may be prescribed – (Section – 22(1).
All teacher shall perform the following duties

Maintain regularly and punctuality in attending school
Complete enter curriculum within the specified
hold regular meeting with parents and guardian and apprise them about the regularity in attendance, ability to learn, progress made in tearing and any the retirement information that the child – (Section – 24(1).

A teacher committing default in performance of duties specified shall be liable to disciplinary action under the service rules applicable.
Every child of the age of 6-14 years shall have the right to free and compulsory education in a neighborhood school till the completion of his or her elementary education – (Section – 3(1).
If a child above 6 years of age has not been admitted in any school or though admitted, could not complete his or her elementary education, then he or she shall be admitted in a class appropriate to his or her age. A child an admitted to elementary education shall be entitled to free education till completion of elementary education even after 14 years – (Section – 14).
If a child is directly admitted in a class appropriate to his or her age, then he or she in order to be at par with other have a right to receive special training in such Mainer and with such time limit – (Section – 14).
Child has the right to move from one school to another either within a state or outside such child have a right to seek transfer to any other school –
(Section – 5 (2).
Delay in producing transfer certificate shall not be a ground for either delaying or denying admission of a child in such other school – (Section – 5 (3).
The Head-teacher or in charge of the school who delaying issuance of transfer certificate shall be liable disciplinary action under service rules applicable – (Section – 5 (3).
It shall be the duty of every parent or guardian to admit or cause to be admitted his or her child to an elementary education in the neighborhood school – (Section – 10).
Prepare children above the age of 3 years for elementary education and to provide early childhood case and education for all children until they complete the age of 6 years, the appropriate government may take necessary arrangement for providing free pre-school education for such children – (Section – 11).
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. Any school or person receives capitation fee, shall be punishable with fine which may extend to ten times the capitation fee charged; and subjects a child to screening procedure shall be punishable with fine which may extent to Rs.25,000/- for the first contravention and Rs.50,000/- for each subsequent contraventions – (Section – 13).
A child shall be admitted in a school at the commencement of the academic year or within such extended period as may be prescribed and no child shall be denied admission if such admission is sought subsequent to the extended period- (Section – 15).
No child admitted in a school shall be field back in any class or expected from school till the completion of elementary education
No child shall be subjected to physical punishment or mental harassment – (Section – 17(1).
Whoever contravenes these provisions shall be liable to disciplinary action under the service rules applicable to such person – (Section 17(2).
No school other then the school established, owner or controlled by the appropriate government or the local authority shall established or function without obtaining a certificate of recognition from such authority as may be prescribed. Such school which runs without obtaining the certificate of recognition or continues to run school after withdrawal of recognition, shall be liable to fine which may be extend to 1 lakh rupees and in case of continuing contraventions to fine of Rs.10,000/- for each day during which such contravention continues – (Section – 18)
No school shall be established or recognized until it fulfitts the norms and standards, specified in the schedule – (Section – 19)
A School shall constitute a school management committee consisting of the elected representations of the local authority parents or guardians of children admitted in such school and teacher – (Section – 21 (1).
The school Management Committee constituted in a school established and administrated by minority whether based on religion or language , and all other aided schools shall perform advisory function only – (Section – 21 (2).
Every school Management Committee shall prepare a school Development plan in such manner as may be prescribed – (Section – 22 (1).
All teachers shall perform the following duties

Maintain regularly and punctuality in attending school
complete enter curriculum with in the specified time
Hold regular meeting with parents and guardian and apprise them about the regularity in attendance ability to learn, Progress made in hearing and any other relevant information about the child – (Section – 24(1).
A teacher committing default in performance of duties specified shall be liable to disciplinary action under the service rules applicable.

No teacher shall be deployed for any non –educational purposes after then the decennial population census dissection relief duties or duties relating to election. to the local authority or the State Legislates or Parliament as the case may be – (Section – 27).
No teacher shall engage himself or herself in private tuition or private teaching activity – (Section – 29).
The grievances if any of the teachers shall be redressed in such manner as may be prescribed – (Section – 24).
No child shall be required to pass any Board Examination till completion of elementary education. Every child completing his elementary education shall be awarded a certificate. Such form and in such manner as may be prescribed.
The State Commission for Protection of Child Rights constituted under section 17 of the Commission for Protection of child Rights Act, 2005 shall perform the following functions

examine and review the safeguard for right provided by or under this Act and recommendations for their effective implementation.
Inquire into complaints relating to child’s right to free and compulsory education, and
take necessary steps as provided under sections 15 and 24 of the said Commission for Protection of Child Rights Act – (Section – 31)

Any person having any grievance relating to the right of child under this Act may make a written complaint to the local authority having jurisdiction
(Section – 32) .
The appeal against the decision of the Local authority shall be decided by the State Commission for Protection of Child Rights – (Section – 32 (3).