**Policy Summary: The Right of Children to Free and Compulsory Education Amendment Act, 2019**
This document details the Right of Children to Free and Compulsory Education Amendment Act, 2019 (No. 1 of 2019), which received the President's assent on January 10, 2019, and was published on January 11, 2019. The Act amends the Right of Children to Free and Compulsory Education Act, 2009.
Key provisions of the amendment include:
* **Introduction of Examinations:** Mandates regular examinations in the fifth and eighth grades at the end of each academic year.
* **Opportunity for Re-examination:** Stipulates that students who fail the initial examination must receive additional instruction and be granted a re-examination opportunity within two months of the result declaration.
* **Holding Back Provision:** Empowers the appropriate Government to allow schools to hold back students in the fifth or eighth grade (or both), subject to prescribed conditions, if they fail the re-examination. A provision allows the appropriate government to decide not to hold back a child in any class till the completion of elementary education.
* **Prohibition of Expulsion:** Reinforces that no child shall be expelled from school until the completion of elementary education.
* **Amendment to Section 38:** Inserts a clause in subsection 2 of section 38 of the principal Act related to the manner and conditions under which a child may be held back under subsection 3 of section 16.
The Act is enacted by Parliament in the Sixtyninth Year of the Republic of India and its commencement date will be determined by the Central Government via notification in the Official Gazette.
Dr. G. Narayana Raju, Secretary to the Govt. of India.
Key Entities Referenced
Ministry of Law and Justice: The Indian government ministry responsible for legislative affairs.
The Right of Children to Free and Compulsory Education Amendment Act, 2019: A law amending the 2009 Act related to education.
Parliament: The legislative body of the Republic of India.
The Right of Children to Free and Compulsory Education Act, 2009: The principal Act which is being amended by the 2019 Amendment Act.
Central Government: The executive branch of the government of India.
Official Gazette: A public journal for publishing official notifications and legal documents.
Dr. G. Narayana Raju: Secretary to the Government of India.
New Delhi: The capital of India, where the Ministry of Law and Justice is located and the notification is issued.
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 11th January, 2019/Pausha 21, 1940 (Saka)
The following Act of Parliament received the assent of the President on the
10th January, 2019, and is hereby published for general information:—
THE RIGHT OF CHILDREN TO FREE AND COMPULSORY
EDUCATION (AMENDMENT) ACT, 2019
NO. 1 OF 2019
[10th January, 2019.]
An Act further to amend the Right of Children to Free and Compulsory
Education Act, 2009.
BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:—
1. (1) This Act may be called the Right of Children to Free and Compulsory Education Short title and
(Amendment) Act, 2019. commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
35 of 2009. 2. In the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter Substitution
referred to as the principal Act), for section 16, the following section shall be substituted, of new
section for
namely:—
section 16.
“16. (1) There shall be a regular examination in the fifth class and in the eighth Examination
class at the end of every academic year. and holding
back in
(2) If a child fails in the examination referred to in sub-section (1), he shall be certain cases.
given additional instruction and granted opportunity for re-examination within a period
of two months from the date of declaration of the result.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]
(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):
Provided that the appropriate Government may decide not to hold back a child in
any class till the completion of elementary education.
(4) No child shall be expelled from a school till the completion of elementary
education.”.
Amendment of 3. In section 38 of the principal Act, in sub-section (2), after clause (f), the following
section 38. clause shall be inserted, namely:—
“(fa) the manner and the conditions subject to which a child may be held back
under sub-section (3) of section 16;”.
————
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—3222GI(S3)—11-01-2019.