RIGHT OF CHILDREN TO FREE AND
COMPULSORY EDUCATION (AMENDMENT) ACT, 2012 [REPEALED] THE
RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION (AMENDMENT) ACT, 2012 [No.
30 of 2012] [19th
June, 2012] An
Act to amend the Right of Children to Free and Compulsory Education Act, 2009 Be it enacted by Parliament in the
Sixty-third Year of the Republic of India as follows:-- (1)
This
Act may be called me Right of Children to Free and Compulsory Education
(Amendment) Act, 2012. (2)
It
shall come into force on such [1]date
as the Central Government may, by notification in the Official Gazette,
appoint. In the Right of Children to Free and
Compulsory Education Act, 2009(35 of 2009) (hereinafter referred to as the
principal Act), in section 1, after sub-section (3), the following
sub-sections shall be inserted, namely:-- "(4) Subject to the provisions
of articles 29 and 30 of the Constitution, the provisions
of this Act shall apply to conferment of rights on children to free and
compulsory education (5) Nothing contained in this Act shall
apply to Madras as, Vedic Pathsalas and educational institutions primarily
imparting religious instruction." In the principal Act, in section
2,-- (a)
in
clause (d), after the word "means", the words "a child with
disability or" shall be inserted; (b)
after
clause (e), the following clause shall be inserted, namely:-- '(ee) "child with disability"
includes,-- (A)
a
child with "disability" as defined in clause (i) of section
2 of the Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995(1 of 1996), (B)
a
child, being a person with disability as defined in clause (j) of section
2 of the National Trust for Welfare of Persons with Autism, Cerebral
Palsy, Mental Retardation and Multiple Disabilities Act, 1999P(44 of 1999); (C)
a
child with "severe disability" as defined in clause (o)
of section 2 of the National Trust for Welfare of Persons with
Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act,
1999(44 of 1999). In section 3 of the principal
Act,-- (a)
for
sub-section (1), the following sub-section shall be substituted, namely:-- (1)
Every
child of the age of six to fourteen years, including a child referred to in
clause (d) or clause (e) of section 2, shall have the right to free and compulsory
education in a neighbourhood school till the completion of his or her
elementary education. (b)
in
sub-section (2), the proviso shall be omitted; (c)
after
sub-section (2) the following sub-section shall be inserted, namely:-- '(3) A child with disability referred
to in sub-clause (A) of clause (ee) of section 2 shall, without
prejudice to the provisions of the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995, and a
child referred to in sub-clauses (B) and (C) of clause (ee) of section 2,
have the same rights to pursue free and compulsory elementary education which
children with disabilities have under the provisions of Chapter V of the
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995(1 of 1996): Provided that a child with
"multiple disabilities" referred to in clause(h) and a child with
"severe disability" referred to in clause (o) of section
2 of the National Trust for Welfare of Persons with Autism, Cerebral
Palsy, Mental Retardation and Multiple Disabilities Act, 1999(44 of 1999) may
also have the right to opt for home-based education.' In section 21 of the
principal Act, in sub-section (2), the following proviso shall be inserted,
namely:-- "Provided that the School
Management Committee constituted under sub-section (1) in respect of,-- (a)
a
school established and administered by minority whether based on religion or
language; and (b)
all
other aided schools as defined in sub-section (ii) of clause (n)
of section 2, shall perform advisory function only.". In section 22 of the principal Act, in sub-section
(1), for the words "School Management Committee, constituted", the
words "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 (n) of section 2, constituted" shall be substituted. In section 25 of the
principal Act, in sub-section (1), for the words "Within six months",
the words "Within three years" shall be substituted. After section 38 of the
principal Act, the following section shall be inserted, namely:-- "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: Provided that no order shall be made
under this section after the expiry of three years from the commencement of the
Right of Children to Free and Compulsory Education (Amendment) Act, 2012. (2) Every order made
under this section shall be laid, as soon as may be after it is made, before
each House of Parliament." Statement of Objects
and Reasons - RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION (AMENDMENT)
ACT, 2012 STATEMENT
OF OBJECTS AND REASONS 1.
Consequent
upon the enactment of the Constitution (Eighty-sixth Amendment) Act, 2002, the
Right of Children to Free and Compulsory Education Act, 2009 which provides for
free and compulsory education to all children of the age of 6 to 14 years was
enacted. 2.
Clause
(d) of section 2 of the aforesaid Act of 2009 defines the expression
"child belonging to disadvantaged group" to mean a child belonging to
the Scheduled Caste, the Scheduled Tribe, the socially and educationally
backward class or such other group having disadvantage owing to social,
cultural, economic, geographical, linguistic, gender or such other factor, as
may be specified by the appropriate Government, by notification. However,
children with disabilities, even though disadvantaged, are not specifically
included in that clause. Children with disabilities constantly experience
barriers to the enjoyment of basic rights, and to their inclusion in society.
It is, therefore, proposed to include children with disabilities in the
definition of "child belonging to disadvantaged group" with a view to
ensuring that their specific needs are given precedence in the elementary
education system in the country, and enable them, over time, to participate as
full and equal members of the community in which they live. Secondly, the
proviso to sub-section (2) of section 3 of the Act states that "a child
suffering from disability, as defined in clause (i) of section 2 of the Persons
with Disabilities (Equal Opportunities, Protection and Full Participation) Act,
1995 (Act 1 of 1996) shall have the right to pursue free and compulsory
elementary education in accordance with the provisions of Chapter V of the said
Act". It has been pointed out that Persons with Disabilities (Equal
Opportunities, Protection and Full Participation) Act, 1995, does not cover
children with cerebral palsy, mental retardation, autism and multiple
disabilities, who are covered under the National Trust for Welfare of Persons
with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act,
1999 (Act 44 of 1999). Accordingly, it is proposed that children with cerebral
palsy, mental retardation, autism and multiple disabilities are also explicitly
covered under the Right of Children to Free and Compulsory Education Act, 2009. 3.
Sections
21 and 22 of the Right of Children to Free and Compulsory Education Act, 2009
provides for the constitution and functions of the School Management Committee
and preparation of school development plan by the School Management Committee.
However, unaided schools, not receiving any kind of aid or grants from the
appropriate Government or local authority to meet their expenses, are exempted
from constituting School Management Committees. Article 30 of the Constitution
provides that all minorities, whether based on religion or language, shall have
the right to establish and administer educational institutions of their choice.
It is, therefore, proposed to amend section 21 of the aforesaid Act so as to
provide that the School Management Committees constituted under sub-section (1)
of section 21 of the aforesaid Act in respect of minority institutions shall
function only in an advisory capacity. It is also proposed to amend section 22
of the Act so as to provide that the functions envisaged under the said section
22 for School Management Committees would not apply to minority institutions. 4.
The
Bill seeks to achieve the above objects. ???????????????????????????????????????????????????????????????????????
Preamble
- THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION (AMENDMENT) ACT, 2012PREAMBLE