¹[16. Examination and holding back in certain cases.— (1) There shall be a regular examination in the fifth class and in the eighth class at the end of every academic year.

(2) If a child fails in the examination referred to in sub-section (1), he shall be given additional instruction and granted opportunity for re-examination within a period of two months from the date of declaration of the result.

(3) The appropriate Government may allow schools to hold back a child in the fifth class or in the eighth class or in both classes, in such manner and subject to such conditions as may be prescribed, if he fails in the re-examination referred to in sub-section (2):

Provided that the appropriate Government may decide not to hold back a child in any class till the completion of elementary education.

(4) No child shall be expelled from a school till the completion of elementary education.]

STATE AMENDMENT
Rajasthan
Amendment of section 16, Central Act No. 35 of 2009.- In section 16 of the principal Act, for the existing punctuation mark”. “appearing at the end, the punctuation mark”: “shall be substituted and thereafter the following proviso shall be added, namely:-
“Provided that if a child has not achieved class appropriate learning level in a class, he may be held back in that class.”
[Vide Rajasthan Act 32 of 2017, s. 3]

1. Subs. by Act 1 of 2019, s. 2 (w.e.f. 1-3-2019).