Section 2 — Definitions.

2. Definitions.—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 
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[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; 

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[(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); 

                                                           
1. 1st April, 2010, vide notification No. S.O. 428(E), dated 16th February, 2010, see Gazette of India, Extraordinary, Part II,    

sec. 3(ii). 

2. Ins. by Act 30 of 2012, s. 2 (w.e.f. 1-8- 2012). 

3. Ins. by s. 3, ibid. (w.e.f. 1-8-2012). 



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(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). 

CHAPTER II 

RIGHT TO FREE AND COMPULSORY EDUCATION