Panchayat:Repo18/vol2-page0542

542 THE RIGHT OF CHILDREN TO FREE & COMPULSORY EDUCATION ACT, 2O09 Sec. 2 I(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 Madrasas, Vedic Pathsalas and educational institutions primarily imparting religious instruction.) 2. Definitions.- In this Act, unless the context otherwise requires,- (a) "appropriate Government" means (i) 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; (ii) in relation to a school, other than the school referred to in sub-clause (), established within the territory of (A) a State, the State Government; (B) a Union Territory having Legislature, the Government of that Union Territory; (b) "capitation fee” means any kind of donation or contribution or payment other than the fee notified by the school; (c) "child" means a male or female child of the age of six to fourteen years; Statement of objects and reasons (contd.....) 5. It is, therefore, expedient and necessary to enact a suitable legislation as envisaged in Article 21A of the Constitution. 6. The Bill seeks to achieve this objective. (30 of 2012) 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, overtime, 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 W 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 SchoolManagement Committee and preparation of school development plan by the SchoolManagement 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. 2. Inserted by Act 30 of 2012 (w.e.f. 01/08/2012).

ഈ താൾ 2018 -ലെ പഞ്ചായത്ത് റെപ്പോ നിർമ്മാണം യജ്ഞത്തിന്റെ ഭാഗമായി സൃഷ്ടിച്ചതാണ്.