Section 38 of The Right of Children to Free and Compulsory Education Act, 2009
- (1)The appropriate Government may, by notification, make rules, for carrying out the provisions of this Act.
- (2)In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:
- (a)the manner of giving special training and the time-limit thereof, under first proviso to section 4;
- (b)the area or limits for establishment of a neighbourhood school, under section 6;
- (c)the manner of maintenance of records of children up to the age of fourteen years, under clause (d) of section 9;
- (d)the manner and extent of reimbursement of expenditure, under sub-section (2) of section 12;
- (e)any other document for determining the age of child under sub-section (1) of section 14;
- (f)the extended period for admission and the manner of completing study if admitted after the extended period, under section 15; 1[(fa) the manner and the conditions subject to which a child may be held back under sub-section (3) of section 16;]
- (g)the authority, the form and manner of making application for certificate of recognition, under sub-section (1) of section 18;
- (h)the form, the period, the manner and the conditions for issuing certificate of recognition, under sub-section (2) of section 18;
- (i)the manner of giving opportunity of hearing under second proviso to sub-section (3) of section 18;
- (j)the Other functions to be performed by School Management Committee under clause (d) of sub-section (2) of section 21;
- (k)the manner of preparing School Development Plan under sub-section (1) of section 22;
- (l)the salary and allowances payable to, and the terms and conditions of service of, teacher, under sub-section (3) of section 23;
- (m)the duties to be performed by the teacher under clause (f) of sub-section (1) of section 24;
- (n)the manner of redressing grievances of teachers under sub-section (3) of section 24;
- (o)the form and manner of awarding certificate for completion of elementary education under sub-section (2) of section 30;
- (p)the authority, the manner of its constitution and the terms and conditions therefor, under sub-section (3) of section 31;
- (q)the allowances and other terms and conditions of appointment of Members of the National Advisory Council under sub-section (3) of section 33;
- (r)the allowances and other terms and conditions of appointment of Members of the State Advisory Council under sub-section (3) of section 34.
- (3)Every rule made under this Act and every notification issued under sections 20 and 23 by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.
- (4)Every rule or notification made by the State Government under this Act shall be laid, as soon as may be after it is made; before the State Legislatures.
Summary
- Section 38 gives the appropriate government the authority to create specific rules to implement all parts of the free education law.
- It lists key areas where rules can be made, including teacher salaries, school recognition, child records, and special training.
- The Central Government must present any rules it makes or notifications it issues under Sections 20 or 23 before both Houses of Parliament.
- The rules presented to Parliament must sit for a total of thirty days, during which Parliament can modify or completely cancel them.
- State Governments must also lay any rules or notifications they make under this Act before their respective State Legislatures.
Practical examples
FAQ
1. Who has the power to make rules under Section 38 of The Right of Children to Free and Compulsory Education Act, 2009?
Under Section 38 of The Right of Children to Free and Compulsory Education Act, 2009, the appropriate government, which can be the Central Government, a State Government, or a Union Territory administration, has the power to make rules by public notification.
2. What happens to the rules made by the Central Government under Section 38 of The Right of Children to Free and Compulsory Education Act, 2009?
Under Section 38 of The Right of Children to Free and Compulsory Education Act, 2009, rules made by the Central Government must be laid before each House of Parliament while it is in session for a total of thirty days for review and potential modification.
3. Can a State Government make rules under Section 38 of The Right of Children to Free and Compulsory Education Act, 2009?
Yes, under Section 38 of The Right of Children to Free and Compulsory Education Act, 2009, State Governments have the power to make rules for their states. These rules must be laid before the State Legislatures as soon as they are made.
Test yourself
Q1.Under Section 38 of The Right of Children to Free and Compulsory Education Act, 2009, for what total period must central rules be laid before Parliament?
Q2.Which of the following matters is NOT listed under Section 38 of The Right of Children to Free and Compulsory Education Act, 2009 as an area for state rule-making?
Q3.According to Section 38 of The Right of Children to Free and Compulsory Education Act, 2009, what must a State Government do with the rules it makes under the Act?
Q4.Under Section 38 of The Right of Children to Free and Compulsory Education Act, 2009, what is the legal effect if both Houses of Parliament agree to modify a rule made by the Central Government?