 bill no 234  of 2018 the right of children to free and compulsory education (amendment) bill, 2018 by dr prabhas kumar singh, mp a billfurther to amend the right of children to free and compulsory education act, 2009be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—35 of 2009insertion of new section 24a2 in the right of children to free and compulsory education act, 2009 (hereinafter referred to as the principal act), after section 24, the following section shall be inserted, namely:—5"24a the appropriate government shall introduce a system or framework for payment of performance-linked incentives to teachers over and above their gross salary, based on fair and acceptable metrics which may include the following parameters, namely:—(a) biometric attendance and punctuality of the teacher;framework for performancelinked incentives, teacher accountability and ensuring quality(b) fulfilment of duties specified under sub-section (1) of section 24;(c) improvement in students' learning outcomes;10(d) satisfaction of the students based on certain criteria including interactive pedagogy and engaging activities deployed by the teacher in the classroom and attendance of students;(e) feedback from the school management committee; and15(f) such other parameter (s) as may be prescribed"amendment of section 283 in section 28 of the principal act, the following proviso shall be inserted at the end, namely:—20"provided that any teacher who engages in private tution or private teaching activity with the purpose of making pecuniary gains shall be liable to a fine as determined and notified by the appropriate government"amendment of section 294 in section 29 of the principla act, in sub-section (1), the following proviso shall be inserted, namely:—25"provided that the curriculum for classes seventh and eighth shall include short modules on soft skills, digitial literacy, sex education and menstrual hygiene for girls" statement of objects and reasonsthe right of children to free and compulsory education act, 2009 (rte act) was a landmark legislation to implement the fundamental child right enshrined in the article 21a of the constitution however, after almost a decade, there is a need to review and amend this act, to align it according to the changing needs of the time and to plug some loopholeswhile gross enrolment ratio at elementary level is commendable, learning outcomes are poor as highlighted by national achievement survey (nas) conduct by national council of educational research and training learning outcomes, to a great extent, are dependent upon the quality of education imparted by the teachers the supreme court has also said that "right to education is right to quality education" furthermore, lack of interest among students towards school education, which is largely due to unsatisfactory quality of teaching by teachers, is cited as one of the major reasons for dropoutshowever, at present rte act does not provide any system to incentivize teachers to put extra efforts in improving their teaching quality thus, a new framework for payment of performance-linked incentives to teachers over and above their gross salary, based on fair and acceptable metrics, is desirable, such a framework would address, to an extent, the issue of teachers' accountability, education quality and high dropouts it would also be inline with the seventh central pay commission's recommendation of linking remuneration with performance of government employees and the introduction of performance related pay based on annual appraisal of the employee in addition, this would effectively increase salary/remuneration of a good teacher, thus would make teaching profession more attractive for the talented youth of our countrypresently, section 28 of the act only mentions that no teacher shall engage himself or herself in private tuition or private teaching activity however, the act does not spell out any punishment or fine in case of violation of this provision, thus rendering the section 28 ineffective in checking the rise of private tuitions by school teachers culture of private tuitions by teachers has led to a situation where teachers are not motivated to give their best in the classroom itself therefore, a fine should be imposed on teachers engaging in private tuitions with profit motivesfinally, apart from the regular academic subjects, the curriculum shall also contain such areas (like digital literacy and soft skills) that have great practical utility today moreover, since classes seventh and eighth roughly correspond to the onset of puberty in both boys and girls, inclusion of teaching modules on sex education and menstrual hygiene in the curriculum may help in ensuring their proper health and developmenthence this bill new delhi;prabhas kumar singhnovember 24, 2018 financial memorandumclause 2 of the bill provides for introduction of payment of performance-linked incentives to the teachers over and above their gross salary the bill therefore, if enacted would involve expenditure from the consolidated fund of india a recurring expenditure of about rupees one hundred crore is likely to be incurred per annum from the consolidated fund of indiaa non-recurring expenditure of about rupees fifty crore is likely to be involved annexure extract from the right of children to free and compulsory education act, 2009 (35 of 2009)      28 no teacher shall engage himself or herself  in private tuition or private teaching activityprohibition of private tuition by teacher      29 (1) the curriculum and the evaluation procedure for elementary education shall be laid down by an academic authority to be specified by the appropriate government, by notificationcurriculum and evaluation procedure      ———— a billfurther to amend the right of children to free and compulsory education act, 2009————(dr prabhas kumar singh, mp)mgipmrnd—2123ls(s3)—24-12-2018