RIGHT TO UNIVERSAL, FREE, COMPULSORY & QUALITY EDUCATION BILL 2007

Chapter I
PRELIMINARY

1. Short Title, Extent and Commencement

1. This Act may be called the Universal, Free & Compulsory Quality
   Education Bill 2007.
2. It shall extend to the whole of India except the state of J&K.
3. Provisions of this Act shall be subject to the provisions of Articles 29 and 30 of the Constitution.
4. It shall come into effect from the date of its notification in the Gazette of
   India.

2. Definitions

(1) In this Act, unless the context otherwise requires: -

1. “Academic Year”
   means a period of one year (including vacations), notified as an academic year by an appropriate government, or by a local authority or a school management committee empowered by such government in this behalf, for the transaction of the course of study prescribed for any grade of the elementary stage.
2. “age-appropriate grade”, in relation to a child,
   Means the grade in which the child should currently be studying if she was enrolled in Grade I around the time she completed six years of age, and had thereafter participated in elementary education continuously. Explanation: Age-appropriate grade for children suffering from mental retardation or mental illness shall be determined keeping in view their mental development also, and not on the basis of their biological age alone.
3. School
   Means an institution or part of an institution, which imparts education at the elementary stage or any part of such stage, and is recognised as a School by a competent authority.
   (1) “Aided school”
   Means a school, which receives aid in terms of cash, kind or concession from a government or from a local authority, or both, to meet the whole or part of its recurring expenses or assets.
4. “Appropriate government”
   means:

   i) the state government in the case of territory comprised in a State;
   ii) the Government of a Union Territory, in the case of a Union Territory having its own legislature; and
   iii) the Central Government, in the case of other Union
   Territories.Provided that, in relation to schools and institutions run or funded by the Central Government, the appropriate government shall be the Central
   Government regardless of their location.

5.  “Capitation fee”

   means any fee, donation or contribution other than a fee or any payment that an aided/unaided school publicly notifies at the time of announcement for admission as being payable by all children in the event of admission to the school.

   (f) “Child”

   means a person who is not less than six years and not more than fourteen years of age.

   (g) “Commission”

   means the National Commission for Elementary Education established under Section 33 of this Act.

   (h) “Competent Authority”

   means an authority designated by the Appropriate Government as a competent authority for the purposes of this Act.

   (i) “Competent Academic Authority

   means an authority designated by the Appropriate Government as a competent academic authority for the purposes of this Act.

   (j) “Child in need of Care and Protection”

   shall have the meaning assigned to it in clause (d) of section 2 of the Juvenile Justice [Care and Protection of Children] Act, 2000 [56 of 2000].

 

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