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Section 2 of the Act · 21 Defined Terms

RTE Act — Legal Definitions Explained

Section 2 of the Act defines 21 key terms. These definitions determine who is protected, what is banned, and who is responsible. Every word matters.

Why it matters

Why these definitions matter

Legal definitions are the architecture of a law. The word “capitation fee” (Section 2(b)) is defined so broadly that schools cannot disguise illegal donations as “development fees.” The definition of “disadvantaged group” determines who gets the 25% quota. The definition of “neighbourhood” determines which school your child has the right to attend. Understanding these terms is understanding your rights.

All Definitions

Section 2 — Complete Glossary

All 17 terms from Section 2, sorted alphabetically.

§2(n)(ii)

Aided School

A school that receives government aid or grants — either fully or partially. It's private in management but receives public funding.

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§2(a)

Appropriate Government

"Appropriate Government" means: the Central Government for centrally funded schools (like Kendriya Vidyalayas) and Union Territory schools; the State Government for all other schools within the state.

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§2(b)

Capitation Fee

Any payment that a school demands or accepts beyond its officially notified fees is a "capitation fee" — regardless of what it's called: donation, development fee, building fund, activity fee, deposit, etc.

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§2(c)

Child

For the purposes of this Act, "child" means any boy or girl aged 6 to 14 years. Children below 6 or above 14 are outside the Act's primary coverage.

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§2(d)

Child Belonging to Disadvantaged Group

A child from a "disadvantaged group" includes children from SC, ST, OBC/socially backward classes, and any other group notified by the State Government as facing social, cultural, economic, geographic, linguistic, or gender-based disadvantage.

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§2(e)

Child Belonging to Weaker Section

A child from a "weaker section" family is one whose parent's annual income is below the limit set by the State Government. The income limit varies by state.

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§2(d)

Child with Disability

A child with disability is defined as per the Persons with Disabilities Act, 1995 — covering blindness, low vision, hearing impairment, loco-motor disability, leprosy-cured, mental retardation, mental illness, and autism (plus cerebral palsy and multiple disabilities under the 1999 Act).

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§2(f)

Elementary Education

Elementary education = Class 1 to Class 8. This is the complete scope of the RTE Act's coverage.

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§2(g)

Guardian

A "guardian" is any person who is taking care of and has custody of the child — not just the legal guardian appointed by a court, but anyone who is actually responsible for the child.

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§2(h)

Local Authority

"Local authority" includes: village panchayats (gram panchayats), Zila Parishads, Municipal Councils, Municipal Corporations, and similar bodies. These are the ground-level government bodies directly responsible for schools in their area.

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§2(n)

Neighbourhood School

The "neighbourhood school" is the school within a prescribed distance from a child's home. The exact distance is set by each State Government in its RTE Rules — typically 1 km for Classes I–V and 3 km for Classes VI–VIII.

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§2(p)

Parent

"Parent" means either the father or the mother of the child. Simple and direct.

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§2(n)

School

The Act covers 4 types of schools: (1) Government schools, (2) Government-aided schools, (3) Specified category schools (Kendriya Vidyalaya, Navodaya Vidyalaya, Sainik Schools), and (4) Private unaided schools. Each has different obligations under Section 12.

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§2(n)(iii)

School Belonging to Specified Category

"Specified category" schools are schools specifically notified by the government — primarily Kendriya Vidyalayas (KVs), Jawahar Navodaya Vidyalayas (JNVs), Sainik Schools, and similar centrally-run institutions.

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§2(o)

Screening Procedure

Any method of selecting children for admission — other than random lottery — is a "screening procedure. " Tests, interviews, assessments, parent interviews, sibling preference, alumni preference — all are screening procedures and are banned for elementary school admission.

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§5

Transfer Certificate (TC)

A Transfer Certificate is the official document from a child's current school that allows them to be admitted to a new school. Schools must issue it immediately on request.

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§2(n)(iv)

Unaided School

A private school that does not receive any government funding or grants. It is fully self-financed through student fees and private sources.

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