Sunday, 13 January 2019

THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION (AMENDMENT) ACT, 2019. (An Act further to amend the Right of Children to Free and Compulsory Education Act, 2009)



THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION (AMENDMENT) ACT, 2019

[10th January, 2019]

(An Act further to amend the Right of Children to Free and Compulsory Education Act, 2009)






1. (1) This Act may be called the Right of Children to Free and Compulsory Education (Amendment) Act, 2019.

 (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.


2. In the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the principal Act), for section 16, the following section shall be substituted, namely:—

“16. (1) There shall be a regular examination in the fifth class and in the eighth class at the end of every academic year.

(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 periodof 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 suchconditions 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 


3. In section 38 of the principal Act, in sub-section (2), after clause (f), the following 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.






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