 bill no  ix of  2010 the free and quality school education to economically weak children bill, 2010 a billto provide for free and quality education to the children of economically weaker section of the country and reserve seats for these children in  public schools and for matters connected therewith and incidental thereto be it enacted by parliament in the sixty-first year of the republic of india as follows:— 1 (1) this act may be called the free and quality education to economically weak children act, 2010short title, extent and commencment(2) it extends to the whole of india (3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in case of a state, the government of that state and in other cases, the central government;(b) "economically weaker sections" means persons living below the poverty line as per the norms established by the central government(c) "quality education" means the education norms established by the public schools;(d) "school education" means education to children upto the age of eighteen years or higher secondary level, whichever is earlier;(e) "prescribed" means prescribed by the rules made under this act;(f) words and expressions used but not defined in this act and defined in the right of children to free and compulsory education act, 2009 shall have the meanings respectivelly assigned to them in that act 3  (1) the central government shall, as soon as possible formulate a national policy for providing reasonable and sufficient reservation in the public schools, and free and quality school education to the children belonging to economically weaker sections in the country(2) without prejudice to the generality of the foregoing provisions, the national policy may provide for,—national policy for reservation in public schools for the economically weaker children in the country(a) arrangement of free and quality school education to every child belonging to economically weaker sections in the country;(b) thirty per cent reservation to the children of economically weaker sections in the public schools in order to impart free and quality education to them;(c) awareness of the guardians of the children belonging to economically weaker sections regarding the facility of reservation available in the public schools;(d) establishment of a regulatory agency to monitor this system so that only the children of economically weaker sections are enrolled against the reserved seats in the public schools and get free education;(e) such other measures as the central government may deem necessary of carrying out the purposes of this act4 it shall be the duty of the appropriate government to implement the national policy framed under section 3 of this actappropriate government to implement the policy5 the appropriate government shall, from time to time make surveys to identify economically weaker children in the stateappropriate to make surveys to identify poor children6 the appropriate government shall also set up schools in its territorial jurisdiction for  providing quality education to poor children to economically weaker childrenappropriate to set up schoolsestablishment of auxiliary fund7 (1) the central government shall by notification in the official gazette, establish auxiliary fund with and initial amount of rupees one thousand crore for the purposes of this act and thereafter, after due appropriation by law in the parliament in this regard, shall from time to time contribute to this fund along with the state governments in such ratio as may be prescribed for providing free and quality education to the children of poor or economically weaker sections(2) money obtained by way of donations, as charity, aid or in other form from individuals, corporate bodies, financial instituions etc shall also form the corpus moeny of the fund8 it shall be the bounden duty of the head of each family or karta  of the family of the children of poor or economically weaker sections, to send every child of the family to school for receiving the education, as the case may be, in the prescribed normal age of schooling of such childrenhead of the family to send compulsorily their children to school for education penalty9 whoever contravenes the provisions of section 8 shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to ten thousand rupees or with bothpower to make rules10 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsit has been observed that in the name of imparting education to the children of the poor or economically weaker sections in the country, the public schools obtain land from the government at throwaway prices, but almost close their doors for these children the situation is that most of the seats available for these children remain vacant whereas the fact is that the provisions related to providing seats in the public schools for the children of the poor or economically weaker sections, at present are insufficient therefore, in order to impart quality and free education to the children of the poor or economically weaker sections in the country, provision should be made more stringent to provide for more such seats available in the public schoolsequality of opportunity is laid down in the preamble of our constitution article 15 of the constitution prohibits discrimination on the ground of religion, caste, sex, place of birth or class article 21 provides for "right to education" under the directive principles of state, article 41 of the constitution provides for right to education article 45 provides for free and compulsory education to the children in the context of said constitutional provisions, with a view to ensuring quality and free education to the children of the poor or economically weaker sections in the country, this bill proposes to provide for thirty per cent reservation for such children in the public schools functioning in the private sector and setting up of a regulatory tribunal that may ensure its proper monitoringhence this billprabhat jha financial memorandumclause 4 of this bill provides that appropriate government shall implement the national policy for providing free and quality education to the children of economically weaker sections clause 6 provides for setting up of schools for providing quality school education clause 7 provides for establishment of a fund for carrying out the purposes of the act if enacted, the bill will involve expenditure for the consolidated fund of india currently, it is difficult to estimate the actual expenditure to be involved therein but it is estimated that a sum of rupees five hundred crore may involve from consolidated fund of india per annum memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for the purposes of this bill the rules relate to matters of details onlythe delegation of legislative power is of a normal character———— a billto provide for free and quality education to the children of economically weaker section ofthe country and reserve seats for these children in public schools and for mattersconnected therewith and incidental thereto————(shri prabhat jha, mp)gmgipmrnd—2342rs(s5)—03052010