Chapter III DUTIES OF APPROPRIATE GOVERNMENT, LOCAL AUTHORITY AND PARENTS

For carrying out the provisions of this Act, the appropriate Government and the local authority shall establish, within such area or limits of neighbourhood, as may be prescribed, a school, where it is not so established, within a period of three years from the commencement of this Act.

1. (1) The Central Government and the State Governments shall have concurrent responsibility for providing funds for carrying out the provisions of this Act.
2. (2) The Central Government shall prepare the estimates of capital and recurring expenditure for the implementation of the provisions of the Act.
3. (3) The Central Government shall provide to the State Governments, as grants-in-aid of revenues, such percentage of expenditure referred to in sub-section (2) as it may determine, from time to time, in consultation with the State Governments.
4. (4) The Central Government may make a request to the President to make a reference to the Finance Commission under sub-clause (d) of clause (3) of article 280 to examine the need for additional resources to be provided to any State Government so that the said State Government may provide its share of funds for carrying out the provisions of the Act.
5. (5) Notwithstanding anything contained in sub-section (4), the State Government shall, taking into consideration the sums provided by the Central Government to a State Government under sub-section (3), and its other resources, be responsible to provide funds for implementation of the provisions of the Act.
6. (6) The Central Government shall--
   • (a) develop a framework of national curriculum with the help of academic authority specified under section 29;
   • (b) develop and enforce standards for training of teachers;
   • (c) provide technical support and resources to the State Government for promoting innovations, researches, planning and capacity building.

The appropriate Government shall

1. (a) provide free and compulsory elementary education to every child: Provided that where a child is admitted by his or her parents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government or a local authority, such child or his or her parents or guardian, as the case may be, shall not be entitled to make a claim for reimbursement of expenditure incurred on elementary education of the child in such other school. Explanation. --The term compulsory education means obligation of the appropriate Government to--
   • (i) provide free elementary education to every child of the age of six to fourteen years; and
   • (ii) ensure compulsory admission, attendance and completion of elementary education by every child of the age of six to fourteen years;
2. (b) ensure availability of a neighbourhood school as specified in section 6;
3. (c) ensure that the child belonging to weaker section and the child belonging to disadvantaged group are not discriminated against and prevented from pursuing and completing elementary education on any grounds;
4. (d) provide infrastructure including school building, teaching staff and learning equipment;
5. (e) provide special training facility specified in section 4;
6. (f) ensure and monitor admission, attendance and completion of elementary education by every child;
7. (g) ensure good quality elementary education conforming to the standards and norms specified in the Schedule;
8. (h) ensure timely prescribing of curriculum and courses of study for elementary education; and
   • (i) provide training facility for teachers. STATE AMENDMENT Rajasthan Amendment of section 8, Central Act No. 35 of 2009.After the existing clause (ii) of the explanation to clause (a) of section 8 of the Right of Children to Free and Compulsory Education Act, 7 2009 (Central Act No. 35 of 2009), hereinafter in this Act referred to as the principal Act, the following new clause shall he added, namely:-
   • (iii) ensure achievement of class appropriate learning level by every child of the age of six to fourteen years;. [Vide Rajasthan Act 32 of 2017, s. 2.]

Every local authority shall--

1. (a) provide free and compulsory elementary education to every child: Provided that where a child is admitted by his or her parents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government or a local authority, such child or his or her parents or guardian, as the case may be, shall not be entitled to make a claim for reimbursement of expenditure incurred on elementary education of the child in such other school;
2. (b) ensure availability of a neighbourhood school as specified in section 6;
3. (c) ensure that the child belonging to weaker section and the child belonging to disadvantaged group are not discriminated against and prevented from pursuing and completing elementary education on any grounds;
4. (d) maintain records of children up to the age of fourteen years residing within its jurisdiction, in such manner as may be prescribed;
5. (e) ensure and monitor admission, attendance and completion of elementary education by every child residing within its jurisdiction;
6. (f) provide infrastructure including school building, teaching staff and learning material;
7. (g) provide special training facility specified in section 4;
8. (h) ensure good quality elementary education conforming to the standards and norms specified in the Schedule;
   • (i) ensure timely prescribing of curriculum and courses of study for elementary education;
9. (j) provide training facility for teachers;
10. (k) ensure admission of children of migrant families;
11. (l) monitor functioning of schools within its jurisdiction; and
12. (m) decide the academic calendar.

It shall be the duty of every parent or guardian to admit or cause to be admitted his or her child or ward, as the case may be, to an elementary education in the neighbourhood school.

With a view to prepare children above the age of three years for elementary education and to provide early childhood care and education for all children until they complete the age of six years, the appropriate Government may make necessary arrangement for providing free pre-school education for such children.