 bill no  75 of  2017 the right of children to free and compulsory education (amendment) bill, 2017 a billfurther to amend the right of children to free and compulsory education act, 2009be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the right of children to free and compulsory education(amendment) act, 2017short title and commencement(2) it shall be deemed to have come into force on the 1st day of april, 20155amendment of section 2335 of 20092  in the right of children to free and compulsory education act, 2009, in section 23, in sub-section (2), after the proviso, the following proviso shall be inserted, namely:—10"provided further that every teacher appointed or in position as on the31st march, 2015, who does not possess minimum qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a period of four years from the date of commencement of the right of children to free and compulsory education (amendment) act, 2017" statement  of  objects  and  reasonsthe crucial role of universal elementary education for strengthening the social fabric of democracy through provision of equal opportunities to all has been accepted since inception of our republic the directive principles of state policy enumerated in our constitution lays down that the state shall provide free and compulsory education to all children up to the age of fourteen years2 pursuant to insertion of article 21a in the constitution by the constitution (eightysixth amendment) act, 2002, the right of children to free and compulsory education act, 2009 was enacted to provide for free and compulsory education to all children of the age of six to fourteen years the said act came into force on the 1st april, 20103 proviso to sub-section (2) of section 23 of the said act has stipulated a period of five years from the date of commencement of the said act, till the 31st march, 2015, as the deadline for a teacher who does not possess minimum qualifications as laid down in sub-section (1) of the said section, to acquire such minimum qualifications4 in view of the above provisions, after completion of the said period, the state governments have not been able to continue the training process for in-service untrained teachers hence, the state governments have requested for extension of the period for training untrained teachers so as to enable them to initiate and complete the said training process5 therefore, it is proposed to bring the right of children to free and compulsory education (amendment) bill, 2017 to insert a new proviso to sub-section (2) of section 23 of the said act, so as to provide that every teacher appointed or in position as on 31st march, 2015, who does not possess minimum qualifications as laid down under sub-section (1) of the said section, shall acquire such minimum qualifications within a period of four years on and from the date of commencement of the proposed legislation6the bill seeks to achieve the above objectivenew delhi;prakash   javadekarthe 3rd april, 2017 financial memorandumclause 2 of the bill provides for insertion of a new proviso to sub-section (2) of section 23 of the right of children to free and compulsory education act, 2009 so as to provide that every teacher appointed or in position as on the 31st march, 2015, who does not possess minimum qualifications as laid down under sub-section (1) of the said section, shall acquire such minimum qualifications within a period of four years on and from the date of commencement of the proposed legislation the expenditure relating to training of untrained teachers will be borne out of the approved allocation under  sarva shiksha  abhiyan programme the amount will be shared between the central government and the state governments in the ratio of 60:40 for normal states, 90:10 for north eastern states, himachal pradesh and uttarakhand, and 100 per cent for union territories, as per the sharing pattern under sarva  shiksha  abhiyan programme it is estimated that a non-recurring expenditure of rupees 45362 crore involved would be carried over to subsequent years to complete the training of untrained teachers by 31st march, 2019 this amount will be met out of the approved budget allocation for sarva  shiksha  abhiyan2 the bill does not involve any other recurring or non-recurring expenditure annexure extract from the right of children to free and compulsory education act, 2009 (35 of 2009)    23 (1)     qualifications for appointment and terms and conditions of service of teachers(2) where a state does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications as laid down under sub-section (1) are not available in sufficient numbers, the central government may, if it deems necessary, by notification, relax the minimum qualifications required for appointment as a teacher, for such period, not exceeding five years, as may be specified in that notification:provided that a teacher who, at the commencement of this act, does not possess minimum qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a period of five years    ———— a billfurther to amend the right of children to free and compulsory education act, 2009————(shri prakash javadekar, minister of  human resource development)gmgipmrnd—40ls(s3)—05-04-2017