Section 45 in The Prevention and Control of Infectious and Contagious Diseases in Animals Act, 2009

Title: Repeal and savings.

Description: On the commencement of this Act— (i) The Glanders and Farcy Act, 1899 (13 of 1899); (ii) The Dourine Act, 1910 (5 of 1910); and (iii) any other corresponding law of any State, so far as it is inconsistent with the provisions of this Act, shall stand repealed: Provided that nothing contained in this section shall— (a) affect the previous operation of any such provision of law or anything duly done or suffered thereunder; (b) affect any right, privilege, obligation or liability acquired, accrued or incurred under any such provision of law; (c) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any such provision of law; or (d) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and every such investigation, legal proceeding or remedy may be continued, instituted or enforced, and any such penalty, forfeiture and punishment may be imposed, as if the aforesaid provisions of law had continued: Provided further that, anything done or any action taken under any such provision of law, including any notification, order, notice or receipt issued or declaration made, shall in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done, taken, issued or made under the corresponding provisions of this Act, and shall continue in force accordingly, unless and until superseded by anything done or any action taken under this Act.

Title: Short title, extent and commencement.

Description: (1) This Act may be called the Right of Children to Free and Compulsory Education Act, 2009. (2) It extends to the whole of India 1***. (3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint. 1. The words "except the State of Jammu & Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019). 2 1st April, 2010, vide notification No. S.O. 428(E), dated 16th February, 2010, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

Title: Definitions

Description: 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 (i), 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; (d) "child belonging to disadvantaged group" means 1[a child with disability or] 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, economical, geographical, linguistic, gender or such other factor, as may be specified by the appropriate Government, by notification; (e) "child belonging to weaker section" means a child belonging to such parent or guardian whose annual income is lower than the minimum limit specified by the appropriate Government, by notification; 1[(ee) "child with disability" includes,-- (A) a child with "disability" as defined in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996); (B) a child, being a person with disability as defined in clause (j) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999); (C) a child with "severe disability" as defined in clause (o) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999).] (f) "elementary education" means the education from first class to eighth class; (g) "guardian", in relation to a child, means a person having the care and custody of that child and includes a natural guardian or guardian appointed or declared by a court or a statute; (h) "local authority" means a Municipal Corporation or Municipal Council or Zila Parishad or Nagar Panchayat or Panchayat, by whatever name called, and includes such other authority or body having administrative control over the school or empowered by or under any law for the time being in force to function as a local authority in any city, town or village; (i) "National Commission for Protection of Child Rights" means the National Commission for Protection of Child Rights constituted under section 3 of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006); (j) "notification" means a notification published in the Official Gazette; (k) "parent" means either the natural or step or adoptive father or mother of a child; (l) "prescribed" means prescribed by rules made under this Act; (m) "Schedule" means the Schedule annexed to this Act; (n) "school" means any recognised school imparting elementary education and includes— (i) a school established, owned or controlled by the appropriate Government or a local authority; (ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority; (iii) a school belonging to specified category; and (iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority; (o) "screening procedure" means the method of selection for admission of a child, in preference over another, other than a random method; (p) "specified category", in relation to a school, means a school known as Kendriya Vidyalaya, Navodaya Vidyalaya, Sainik School or any other school having a distinct character which may be specified, by notification, by the appropriate Government; (q) 'State Commission for Protection of Child Rights" means the State Commission for Protection of Child Rights constituted under section 3 of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006). 1 Ins. by s. 3, ibid. (w.e.f. 1-8-2012).

Title: Right of child to free and compulsory education

Description: 1[(1) Every child of the age of six to fourteen years, including a child referred to in clause (d) or clause (e) of section 2, shall have the right to free and compulsory education in a neighbourhood school till the completion of his or her elementary education.] (2) For the purpose of sub-section (1), no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing the elementary education. 2 * * * * * 3(3) A child with disability referred to in sub-clause (A) of clause (ee) of section 2 shall, without prejudice to the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), and a child referred to in sub-clauses (B) and (C) of clause (ee) of section 2, have the same rights to pursue free and compulsory elementary education which children with disabilities have under the provisions of Chapter V of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995: Provided that a child with "multiple disabilities" referred to in clause (h) and a child with "severe disability" referred to in clause (o) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999) may also have the right to opt for home-based education.] 1. Subs. by Act 30 of 2012, s. 4, for sub-section (1) (w.e.f. 1-8-2012) 2. Proviso omitted by Act 30 of 2012, s. 4 (w.e.f. 1-8-2012). 3. Ins. by s. 4, ibid. (w.e.f. 1-8-2012).

Title: Special provisions for children not admitted to, or who have not completed, elementary education.

Description: Where a child above six years of age has not been admitted in any school or though admitted, could not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to his or her age: Provided that where a child is directly admitted in a class appropriate to his or her age, then, he or she shall, in order to be at par with others, have a right to receive special training, in such manner, and within such time-limits, as may be prescribed: Provided further that a child so admitted to elementary education shall be entitled to free education till completion of elementary education even after fourteen years.