restrict or abrogate the right guaranteed under that
clause.]
(2) The State shall not, in granting aid to educational
institutions, discriminate against any educational
institution on the ground that it is under the
management of a minority, whether based on religion
or language.
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Article 39. Certain principles of policy to be followed
by the State.—The State shall, in particular, direct its
policy towards securing—
(a) that the citizens, men and women equally, have
the right to an adequate means of livelihood;
(b) that the ownership and control of the material
resources of the community are so distributed asbest
to subserve the common good;
(c) that the operation of the economic system does
not result in the concentration of wealth and means of
production to the common detriment;
(d) that there is equal pay for equal work for both men
and women;
(e) that the health and strength of workers, men and
women, and the tender age of children are not abused
and that citizens are not forced by economic necessity
to enter avocations unsuited to their age or strength;
3[(f) that children are given opportunities and facilities
to develop in a healthy manner and in conditions of
freedom and dignity and that childhood and youth are
protected against exploitation and against moral and
material abandonment.]
Article 42. Provision for just and humane conditions
of work and maternity relief: The State shall make
provision for securing just and humane conditions of
work and for maternity relief.
11
school till the completion of his or her elementary
education.]
(2) For the purpose of sub-section (1), no child shall be
liable to pay any kind of fee or charges or expenses
which may prevent him or her from pursuing and
completing the elementary education.
[(3) A child with disability referred to in sub-clause
(A) of clause (ee) of section 2 shall, without prejudice
to the provisions of the Persons with Disabilities
(Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995 (1 of 1996), and a child referred
to in sub-clauses (B) and (C) of clause (ee) of section
2, have the same rights to pursue free and compulsory
elementary education which children with disabilities
have under the provisions of Chapter V of the Persons
with Disabilities (Equal
Opportunities, Protection of Rights and Full
Participation) Act, 1995:
Provided that a child with “multiple disabilities”
referred to in clause (h) and a child with “severe
disability” referred to in clause (o) of section 2 of the
National Trust for Welfare of Persons with Autism,
Cerebral Palsy, Mental Retardation and Multiple
Disabilities Act, 1999 (44 of 1999) may also have the
right to opt for home-based education.]
Section 17. Prohibition of physical punishment
and mental harassment to child.—(1) No child shall
be subjected to physical punishment or mental
harassment.
(2) Whoever contravenes the provisions of subsection (1) shall be liable to disciplinary action under
the service rules applicable to such person.
13
Section 10. Functions of the Commission.—(1) The
Commission shall perform all or any of the following
functions, namely:—undertake promotional and
educational research so as to suggest ways of
ensuring due representation of women in all spheres
and identify factors responsible for impeding their
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Section 3. Right of child to free and compulsory
education.—[(1) Every child of the age of six to
fourteen years, including a child referred to in clause
(d) or clause (e) of section 2, shall have the right to
free and compulsory education in a neighbourhood
12
56
advancement, such as, lack of access to housing
and basic services, inadequate support services and
technologies for reducing drudgery and occupational
health hazards and for increasing their productivity.
Section 13. Wage rates and other conditions of
service of inter-State migrant workmen.- (1) The
wage rates, holidays, hours of work and other
conditions of service of an inter-State migrant
workman shall,(a) in a case where such workman performs in any
establishment, the same or similar kind of work as
is being performed by any other workman in that
establishment, be the same as those applicable to
such other workman; and
(b) in any other case, be such as may be prescribed by
the appropriate Government:
Provided that an inter-State migrant workman shall in
no case be paid less than the wages fixed under the
Minimum Wages Act, 1948 (41 of 1948).
(2) Notwithstanding anything contained in any other
law for the time being in force, wages payable to an
inter-State migrant workmen under this section shall
be paid in cash.
16
Section 16. Other facilities.- It shall be the duty of
every contractor employing inter-State migrant
workmen in connection with the work of an
establishment to which this Act applies,(a) to ensure regular payment of wages to such
workmen;
(b) to ensure equal pay for equal work irrespective
of sex;
(c) to ensure suitable conditions of work to such
workmen having regard to the fact that they are
required to work in a State different from their own
State;
(d) to provide and maintain suitable residential
accommodation to such workmen during the period of
their employment;
(e) to provide the prescribed medical facilities to the
15