Section 39 of The Right of Children to Free and Compulsory Education Act, 2009
1[39. Power of Central Government to remove difficulties.-- (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of three years from the commencement of the Right of Children to Free and Compulsory Education (Amendment) Act, 2012 (30 of 2012).
- (2)Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.]
Summary
- Section 39 gives the Central Government the power to make orders to resolve unexpected practical difficulties in implementing this law.
- Any order issued to remove a difficulty must be published in the Official Gazette and must not contradict the existing provisions of the Act.
- This power is subject to a strict time limit, meaning no difficulty-removal order could be made after three years from the start of the 2012 Amendment Act.
- Every order made under this section must be presented before each House of Parliament as soon as possible after it is made.
Practical examples
FAQ
1. What is the purpose of Section 39 of The Right of Children to Free and Compulsory Education Act, 2009?
The purpose of Section 39 of The Right of Children to Free and Compulsory Education Act, 2009 is to give the Central Government the power to issue orders to remove any practical difficulties that arise when trying to put the Act into effect.
2. Can the Central Government make difficulty-removal orders that go against the main law under Section 39 of The Right of Children to Free and Compulsory Education Act, 2009?
No, they cannot. Under Section 39 of The Right of Children to Free and Compulsory Education Act, 2009, any order made to remove a difficulty must be consistent with the existing provisions of the Act and cannot contradict them.
3. Is there a time limit for the Central Government to issue orders under Section 39 of The Right of Children to Free and Compulsory Education Act, 2009?
Yes. Under Section 39 of The Right of Children to Free and Compulsory Education Act, 2009, no difficulty-removal order can be made after the expiry of three years from the commencement of the 2012 Amendment Act.
Test yourself
Q1.Under Section 39 of The Right of Children to Free and Compulsory Education Act, 2009, what is the absolute deadline for the Central Government to issue an order to remove difficulties?
Q2.According to Section 39 of The Right of Children to Free and Compulsory Education Act, 2009, what must the Central Government do with any order it makes to remove a difficulty?
Q3.What limitation is placed on the content of difficulty-removal orders issued under Section 39 of The Right of Children to Free and Compulsory Education Act, 2009?
Q4.Where must a difficulty-removal order made under Section 39 of The Right of Children to Free and Compulsory Education Act, 2009 be published to become legally valid?