For Government Officials โ€” Sections 8 & 9

RTE Act โ€” Duties of Government Officials

Section 8 imposes 10 duties on the appropriate government. Section 9 imposes 13 duties on local authorities. Here they are, with accountability metrics for each.

Appropriate Government (State Government)

8
10 statutory duties
1

Provide free and compulsory elementary education to every child

High
8(a)
How to measureEnrollment rates, out-of-school child data (ASER/UDISE)
2

Ensure availability of a neighbourhood school for every child

High
8(b)
How to measureDistance from every habitation to nearest school (UDISE mapping)
3

Ensure no discrimination against weaker section and disadvantaged group children

High
8(c)
How to measureEnrollment and dropout rates by social category (UDISE)
4

Provide school infrastructure: building, teachers, learning equipment

High
8(d)
How to measureUDISE infrastructure data, teacher vacancy rates
5

Provide special training for out-of-school children (Section 4)

Medium
8(e)
How to measureNumber of special training centres, enrollments
6

Monitor admission, attendance, and completion by every child

High
8(f)
How to measureEnrollment, attendance, and dropout tracking systems
7

Ensure quality education conforming to Schedule norms

High
8(g)
How to measureSchool inspection reports, NAS learning outcomes
8

Prescribe curriculum and courses of study

Medium
8(h)
How to measureSCERT curriculum notifications
9

Provide teacher training facilities

High
8(i)
How to measureDIET capacity, in-service training coverage
10

Ensure non-discriminatory and non-coercive admission procedures

High
8(j)
How to measureMonitoring of capitation fee/screening violations

Local Authority (Panchayat / Municipality)

9
13 statutory duties
1

Provide free and compulsory elementary education to every child in jurisdiction

High
9(a)
How to measureEvery child in the panchayat/ward enrolled in school
2

Ensure availability of a neighbourhood school

High
9(b)
How to measureSchool within prescribed distance from every child's home
3

Ensure no discrimination against weaker section and disadvantaged group children

High
9(c)
How to measureAll categories of children equally enrolled and attending
4

Maintain records of all children aged 0โ€“14 in the jurisdiction

High
9(d)
How to measureChild tracking register โ€” every child from birth to 14 documented
5

Monitor admission, attendance, and completion by every child

High
9(e)
How to measureActive tracking of every child against the register
6

No discrimination on grounds of caste, race, language, religion, gender, disability

High
9(f)
How to measureZero discrimination complaints unaddressed
7

Decide the academic calendar

Medium
9(g)
How to measureAcademic calendar formally decided and communicated
8

Share information with the appropriate government as required

Low
9(h)
How to measureRegular reporting to state education department
9

Ensure provision of unaided education

Medium
9(i)
How to measurePrivate school recognition status in jurisdiction
10

Ensure teachers attend school regularly and punctually

High
9(j)
How to measureTeacher attendance monitoring, action on absenteeism
11

Ensure that the curriculum is implemented

High
9(k)
How to measureSchool inspection and SMC monitoring
12

Provide infrastructure including school building, equipment

High
9(l)
How to measurePhysical audit of all schools in jurisdiction
13

Ensure admission of children of migrant families

High
9(m)
How to measureMigrant child tracking and mid-year admission facilitation

Section 32 โ€” Grievance Redressal

Grievance Resolution Process

The local authority is the first-tier grievance resolver under Section 32. Here is the full escalation path from complaint to enforcement.

1

Written Complaint to Local Authority

Submit anytime
Who:Panchayat / Municipal Council / Nagar PanchayatSection:32(1)

Outcome:Decision within 3 months (Section 32(2))

๐Ÿ’กAlways submit in writing. Get an acknowledgment. Keep a copy. Include: what happened, when, which section was violated, what remedy you seek.
2

Appeal to State Commission for Child Rights

If local authority doesn't respond in 3 months, or gives unsatisfactory decision
Who:SCPCR (State Commission for Protection of Child Rights)Section:32(3)

Outcome:SCPCR can direct local authority action, recommend FIR, take suo motu cognizance

๐Ÿ’กSCPCRs vary in effectiveness by state. Find your state's SCPCR contact on ncpcr.gov.in.
3

Escalate to NCPCR

If SCPCR is unresponsive
Who:National Commission for Protection of Child RightsSection:31

Outcome:NCPCR can review safeguards, make recommendations, and take suo motu action

๐Ÿ’กFile online at ncpcr.gov.in. NCPCR is particularly effective for systemic violations rather than individual cases.
4

High Court Writ Petition

For unresolved cases where fundamental right is at stake
Who:State High CourtSection:Article 226 of Constitution

Outcome:Court can direct specific government action with a timeline

๐Ÿ’กPIL filings by NGOs or concerned citizens have driven systemic RTE enforcement in multiple states. Legal aid is available through State Legal Services Authority (free for eligible complainants).
โš–๏ธ
Key accountability provision
"A local authority that does not maintain child records (Section 9(d)) or does not resolve complaints within 3 months (Section 32(2)) is in direct violation of the Act."

Tracking accountability on the ground

Mahadev Maitri Foundation monitors RTE Act compliance at the local level and supports communities in engaging with government officials on their statutory duties.

โš ๏ธ Content on this page is provided on a best-effort basis for general information only. Laws and rules change โ€” please verify details on official government websites (dsel.education.gov.in and your state's education portal) before taking action. Mahadev Maitri Foundation is not responsible for decisions made based on this content.