The ARUNACHAL PRADESH EDUCATION ACT 2010
Arunachal Pradesh · state statute
Open in Lexace · Ask the AI about this act484 THE ARUNACHAL PRADESH EDUCATION ACT 2010 (ACT NO. 08 OF 2010) (Received the assent of the Governor on 20th April, 2010 and published in the Arunachal pradesh E.O. Gazette No. 44, Vol. XVII dated 20th May, 2010.) AN ACT to provide f or better organization, development, discipline, academic pursuit and control of the elementary .secondary and teacher education institutions in the State f or excellence and quality drive. Whereas it is considered necessary to visualize tri-polar process teacher, taught and curriculum as well as to provide for the planned development of educational institutions, inculcation of healthy educational practices, maintenance and improvement in the standard of education and better organization, discipline and control over educational institutions in the State with a view to fostering the harmonious development of the mental and physical faculties of students and cultivating a scientific and secular outlook through education. BE it enacted by the Arunachal Pradesh State Legislature in the Sixty first Year of the Republic ofl ndia as follows:- CHAPTER- I General 1. Short title, extent, application and commencement- ( 1) This Act may be called the Arunachal Pradesh Education Act, 2010. (2) It extends to the whole of the State of Arunachal Pradesh. (3) It applies to all educational institutions and tutorial institutions in the State except- (i) Institutions for scientific or technical education financed by the Central Government, and declared by Parliament by law to be institutions of national importance; (ii) Institutions of higher education which shall be deemed to be University as declared by the Central Government by a notification, under section 3 of the University Grants Commission Act, 1956 (Central Act 3 ofl 956); (iii) In so far as the matters pertaining to colleges and institutions are dealt within:- (a) The Medical Council Act, 1956 (Central Act No. 2 of 1956): (b) The Dentists Act, 1948 (Central Act No.16 of l 948); 483 ( 6) Prescribe prudential norms including capital to risk weighted asset ratio for all the Large Sized Multipur pose Co-operative Societies in consultation with National Bank. 148. ( 1) TI1e capital of25% State equity would be applicable State equity in to State Co-operative Banks (SCBs) in the normal Co-operative course but the State Government would be permitted Credit to contribute equity in excess of this limit only if Structure. equity infusion is required in the SCB to enable it to comply with section 11(1) of the Banking Regulation Act, 1949 (Act 10 ofl949). There will be only one Government representative on the Board of SCB. The CEO of the SCB shall not be regarded as the representative of the State Government. However, there will be no Government nominee on the Board of PACS/ LAMPS/FSS irrespective of the State equity in such an entity. Provided that the State Government may contribute equity in excess of the aforesaid limit only if equity infusion is required in the State. Co operative Bank, to enable it to comply with section 11 (1) of the Banking Regulation Act, 1949 (Central Act 10 ofl 949). 149. (1) No society in Co-operative Credit Structure shall Role of the be exempted by the State Government in any manner State from the application of the provisions of this chapter Government. without prior approval of the Reserve Bank or the National Bank. The State Government shall not do anything or take any action or issue any order or directive which may have effect of curtailing any of the freedoms or powers given under this chapter to the societies in Co-operative Credit Structure or adversely affect the operation of the provisions of this chapter. C.P. Mansai, Secretary to the Government of Arunachal Pradesh, Itanagar. 485 (c) The Pharmacy Act, 1948 (Central Act No.8 of 1948); (d) The Universities Act, 1904 (Central Act No.8 of 1904); (e) The All India Council for Technical Education Act, 1987 (Central Act No. 52 ofl987); (f) The Indira Gandhi National Open University Act, 1985 (Centra1Act50ofI985); (g) The Arunachal Pradesh Homoeopathic Council Act, 1998 (Act No. I of 1999); (h) TI1e Arunachal Pradesh Health Establishment Act, 2002 (Act No.3 of2002). (iv) Such other class or classes of institutions, subject to such conditions and to such extent as the State Government may, by notification, specify: (4) It shall come into force on such date as the State Government may, by notification, appoint and different dates may be appointed for different provisions of the Act. 2. Definitions: - In this Act, unless the context otherwise requires:- ( 1) "academic year" means the year beginning on such date as the State Government or the prescribed authority may, by notification, specify with respect to any specified location or with respect to any educational institution or class of educational institutions ; (2) "adult education" means the education or further education of a person of not less than fifteen years of age who has not attended any educational institution at any time before, or as the case may be, who is a dropout from an educational institution at any level of his studies therein; (3) "approved school" means any school in any specified location imparting elementary and secondary education which,- (a) is under the management of the State Government or a local authority; or (b) being under any other management, is recognized by the State Government or by an officer authorized by the State Government in this behalf or by a school board as approved school for the purposes of this Act; ( 4) "attendance authority" means any person having the prescribed qualification appointed to be an attendance authority under section 14; ; 486 (5) "child" means a male or female child of the age of six to fourteen years or as the State Government may specify for the purposes of this Act either generally or with respect to any specified localities: (6) "competent authority" means any person, officer or authority authorized by the State Government, by notification, to perform the functions and discharge the duties of the competent authority under all or any of the provisions of this Act for such area or for such purposes or for such classes of institutions as may be specified in the notification; (7) "commerce education" means education in typewriting, shorthand, Book-keeping and accountancy, business studies, office practice and procedure, salesmanship and marketing, banking practice, insurance practice and such other subjects as may be notified by the State Government; (8) "commerce institution" means any institution imparting commerce education and presenting students for examinations conducted by the Central Board of Secondary Education Examination or the Council ofl ndian School Certificate Examination or any such Board if any. (9) "district" means any of the districts as declared by the Government of Arunachal Pradesh under the Arunachal Pradesh (Re-organization ofDistricts)Act, 1980 (Act No. 3 ofl 980); ( 10) "District Education Officer" means an Officer appointed as Deputy Director of School Education and includes such other subordinate officer as may be prescribed to be in-charge of the administration of the elementary and secondary education as well as non-formal education in a district; (11) "Director" means an officer appointed as the Director of School Education to discharge the function and exercise powers of the administration of secondary and elementary education or any such Director by whatever name called to discharge the function and exercise powers exclusively for elementary education in the State; (12) "educational agency" in relation to a private educational institution, means any person or body of persons which has been established and is administering or proposes to establish and administer or is entrusted with the establishment, management, administration and maintenance of such private educational institution; (13) "educational institution" means any institution imparting education referred to in section 3 and includes a private educational institution managed by an individual, body or local authority and is recognized 487 by the State Government; but does not include an institution under the direct management of the university or of the Central Government or a tutorial institution; (14) "employee" means a person employed in an educational institution or educational administration ; (15) "general education" means every branch of education other than religious, professional, medical, technical or special education. ( 16) "governing council" means any person or body of persons permitted or deemed to be permitted under this Act to establish or maintain a private educational institution; or commerce institution or tutorial institution and includes the governing body, by whatever name called, to which the affairs of the said educational institution are entrusted; ( 17) "grant" or·"grant-in-aid" means any sum of money paid as aid out of the State funds to any educational institution ; (18) (a) "managing committee" in respect of educational institution established, maintained and administered by the State Government means a committee at the school level with the composition-as may be prescribed by the Government by notification from time to time; and (b) "managing committee" in respect of a private educational institution means the individual or the body of individuals entrusted or charged with the management and administration of and where a society, trust, or an association manages one or more than one such institution, includes the managing committee of each such institution; ( 19) "medical education" includes education in modern scientific medicine, in all its branches, Ayurvedic system of medicine, Unani system of medicine, integrated system of medicine, indigenous medicine, Naturopathy, Siddha or Homoeopathy and Yoga etc. ; (20) "non-formal education" means the education, of a person upto fifteen years of age who has not auended any educational institution at any time before or as the case may be, who is a drop-out from an educational institution at any level of his studies therein to enable him to enter the formal educational system at an appropriate level ; (21) "parent" means either natural or step or adoptive father or mother of a child; (22) "guardian" in relation to a child, means a person having the care and custody of that child and includes a natural guardian or guardian appointed or declared by a court or statute; 488 (23) "notification" means a notification published in the Official Gazette; (24) "prescribed" means prescribed by rules made under this Act ; (25) "school" means any recognized school imparting education up to XIIth standard ; (26) (a) "inter village school" means a Residential Primary School in which education is imparted by clubbing contiguous villages with stipend and other facilities ; (b) "primary school" means a school or part of such school in which primary education up to V" standard is imparted ; (27) "elementary education" means the education from class one to eighth as are prescribed under this Act ; (28) "secondary education" means education in and up to such class or standard as may be prescribed under this Act ; (a) "Secondary School" means a school or part of such school in which education up to Xth standard is imparted. (b) "Higher Secondary School" means a school or part of such school in which education up to XIIth standard is imparted. (29) "private educational institution" means any educational institution imparting education referred to in section 3, established and administered or maintained by any person or body of persons registered in the manner prescribed and does not include an educational institution; (i) established and administered or maintained by the Central Government or the State Government or any local authority or any other authority designated or sponsored by the Central Government or the State Government; (ii) established and administered by any University established bylaw; (iii) giving, providing or imparting only religious instruction, but not any other instruction ; or (iv) imparting instruction for which there is no approved syllabi or course of studies or Government or University Examination (30) "private tuition" means instruction or teaching given by an employee of a recognized educational institution outside its premises to students; 489 (31) "public interest" includes public order, public health, public morality and other similar purposes; (3 2) "ragging" means causing, inducing, compelling or forcing a student, whether by way of a practical joke or otherwise, to do any act which detracts from human dignity or violates his person or exposes him to ridicule by intimidating, wrongfully restraining, wrongfully confining, or injuring him or by using criminal force to him or by holding out to him any threat of such intimidation, wrongful restraint, wrongful confinement, injury or the use of criminal force ; (33) "recognized educational institution" means an educational institution recognized under this Act and includes one deemed to be recognized thereunder ; (34) "registering authority" means any person, officer or authority authorized by the State Government by notification, to perform the functions and discharge the duties of the registering authority under all or any of the provisions of this Act for such area or for such purposes or for such classes of institutions as may be specified in the notification (35) "secretary" in relation to a private educational institution means the person, by whatever name called, who under the rules or regulations of the private educational institution is a chief executive entrusted with management of the affairs of the institution; (36) "society" includes a society registered under the Arunachal Pradesh Societies Registration (Extension to Arunachal Pradesh) Act, 1978 (Act No.6 of 1978) or Arunachal Pradesh Co-operative Societies Act, 1978 ( Act No.3 of 1979 ) or any association of individuals registered under any other law for the time being in force; (37) "special education" means education for the physically challenged, education in music, dance, drama, fine arts, and physical education including sports and games and such other types of education as the State Government may by notification in that behalf specify; (38) "compulsory education" means enforcement of free and compulsory elementary education in the State; (39) "technical education" means any course of study in Engineering, Technology, Architecture, Ceramics, Industrial Training, Mining or any other subject, as the State Government may, by notification, specify; ( 40) "tribunal" means the Educational Appellate Tribunal constituted under section 93; 490 ( 41) "tutorial institution" means a registered institution established or run by not less than two persons for systematically imparting education or instruction to not more than twenty five pupils at a batch in any subject with a view to prepare them to appear for any competitive examination or an examination in any branch of education conducted or recognized by the State Government or the Universities in the State or anybody or authority under this Act or any other law for the time being in force. ( 42) "examination" means an examination prescribed by the State Government and such other examinations as may be notified by the State Government in the Official Gazette and includes evaluation, tabulation, publication of results and all other matters connected therewith; (43) "refusal to work" in relation to any person to whom any work in connection with any examination has been assigned means, his failure to attend at, or absence from, the place of work on a working day and during working hours, without obtaining permission of the authority .competent to grant such permission or his refusal to do the work or any other conduct on his part, which results in or is likely to result in cessation or substantial retardation of the work, and the words " to refuse to do the work", with all their grammatical variations and cognate expressions shall be construed accordingly; ( 44) "malpractice" in relation to any examination means taking or giving or attempting to take or give any help from or to any person or from any material, written, recorded, typed or printed or from any person, in any form whatsoever. ( 45) "state institutions", that is to say, educational institutions established or maintained and administered by State Government; ( 46) "local authority" means a municipal corporation or municipal council or Zilla Parishad or Panchayat by whatever name called and includes such other authority or body having administr~ ve control over the school or empowered by or under any law for the time being in force to function as a local authority in a city, town or village ; ( 4 7) "local authority institutions", that is to say, educational institutions established or maintained and administered by a local authority ; ( 48) "surplus fund" means all the monies that remains unused with the institution at the beginning of each academic year, after providing for all the objects, needs requirements or improvements of the institution during the previous three academic years. 491 ( 49) "transfer of property" includes sale, exchange, mortgage, charge, lease or gift ; (50) "persons interested" includes all persons claiming or entitled to claim interest in the amount payable on account of the taking over of the management of the educational institution or requisitioning or acquisition of the property used for the purposes of an educational institution or of any other institution connected therewith under this Act. ( 51) Words importing the singular number also include plural number and vice-versa. (52) Words importing the masculine gender also include the feminine gender. 3. Regulation of Education:- (1) The State Government may regulate general education, science education, commerce education, agriculture/horticulture education, computer education, professional skill, vocational education, physical education, art education, and special education in and at elementary/ secondary/higher secondary levels as are prescribed in accordance with the provisions of this Act. (2) The State Government may towards that end, (a) establish and maintain educational institutions on the line and basis of all or any of the principle, guidelines, instructions, norms, rules and regulations as may be deemed appropriate given by the Council ofl ndian School Certificate Examination or Central Board of Secondary Education or National Institute of Open Schooling. (b) establish and maintain Teacher Education Institutions on the line and basis of all or any of the principle, guidelines, instructions, norms, rules and regulations as may be deemed appropriate given by the National Council for Teacher Education. (c) permit any local authority or a private body of persons to establish educational institutions and maintain them according to such specifications as may be prescribed: ( d) require registration of educational institution including tutorial institutions : (e) recognize educational institutions; (f) grant aid to any recognized educational institutions in furtherance of the objects of this Act ; 492 (g) regulate the admission including the minimum or maximum number of pupils to be admitted to any course in any educational institution or class of such institutions, and the minimum age for such admission. (h) prescribe the conditions for eligibility for admissions to any educational institution or class of such institutions. (i) establish hostels or recognize private hostels and frame rules to be followed for providing grant-in-aid to recognized private hostels, (j) permit or establish institutions imparting education in arts, crafts, music, dance, drama or such other fine arts, physical education including sports: (k) permit and establish institutions for inter-village/primary, elementary, secondary and higher secondary education, District Institute of Education & Training (DIET), District Resource Centre(DRC). State Institute ofEducation (SIE), State Council of Educational Research and Training (SCERT) or centers for adult education, non-formal education, National Institute of Open Schooling (NIOS) and other similar institutions or centres; (1) take from time to time such other steps as the State Government may consider necessary or expedient. 4. Prohibition of private tuition: On and after the date of commencement of this Act, no institution recognized or deemed to be recognized under this Act, shall permit any of its employees to give private tuition nor shall such employee impart such tuition to any person. 5. Promotion of education of the weaker sections and the physica_lly challenged: The State Government shall endeavor to promote the education of the physically challenged and the weaker sections of the society including the economically weaker sections thereof and in particular of the Arunachal Pradesh Scheduled Tribes with special care by adopting towards that end such measure as may be appropriate. 6. Educational institutions to be in accordance with this Act: No educational institution shall be established or maintained otherwise than in accordance with the provisions of this Act or the rules made thereunder. 7. Government to prescribe curricula, etc: (1) Subject to such rules as may be prescribed, the State Government may, in respect of educational institutions, by order specify : (a) the curricula, syllabi and text books for any course of instruction ; 493 (b) the duration of such course ; ( c) the medium of instruction ; ( d) the scheme of examinations and evaluation; (e) the number of working days and working hours in an academic year; (f) the rates at which tuition and other fees, building fund or other amount, by whatever name called, may be charged from students or on behalf of students ; (g) the staff pattern (teaching and non-teaching) and the educational and other qualifications for different posts ; (h) the facilities to be provided such as buildings, sanitary arrangements, playgrounds, furniture, equipment, library, teaching aid, laboratory, research and extension, workshops, training, seminar, conference, symposia etc. (i) such other matters as are considered necessary. (2) The curricula under sub-section ( 1) may also include schemes in respect of ; (a) moral and ethical education; (b) population education, physical education, health education and sports ;, ( c) socially useful productive work, work experience and social service; (d) innovative, creative and research activities; ( e) promotion of national integration; (f) promotion of civic sense; and (g) promotion of rich socio-cultural heritage and friendly people character; (h) promotion of socio-religious affinities; (i) preservation and protection of tribal tradition, custom and their skillful craftsmanship; G) protection of fauna! bio-diversity; (k) inculcation of the sense of the following duties of citizens, enshrined in the Constitution namely; duty (i) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; 494 (ii) to cherish and follow the noble ideals which inspired our national struggle for Freedom; (iii) to uphold and protect the sovereignty, unity and integrity ofl ndia; (iv) to defend the country and render national service when called upon to do so ; (v) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities to renounce practices derogatory to the dignity of women; (vi) to value and preserve the rich heritage of our composite culture; (vii) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures ; (viii) to develop the scientific temper, human-ism and the spirit of inquiry and reform ; (ix) to safeguard public property and to abjure violence ; (x) to strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavor and achievement. (3) The prescription under sub-section ( 1) may be different for the different categories of educational institutions. (4) (a) The objectives of education at the elementary level shall be universalization of education at the elementary level by comprehensive access by both formal and non formal means and by improving retention and completion rates with curriculum development and teacher education to help children to attain the required level of achievement in the following basic purposes. (i) development of 'basic skills' in literacy in English language, numeracy and communication; (ii) development of 'Life Skills' for understanding of and meaningful interaction with the physical and social environment, including study of Indian culture and history, science, health and nutrition ; (iii) introduction of 'work experience' or 'socially useful productive work' to provide children with the, ability to help themselves, to orient them to the work processes of society and to develop right attitudes to work ; 495 (iv) promotion of values including moral, ethical, civic and peace values; and (v) development of good attitudes towards further learning; (b) The main objective of education at the secondary level shall be to impart such general education as may be prescribed so as to make the pupil fit either for higher academic studies or for job oriented vocational courses. The general education so imparted shall, among others, include- (i) the development oflinguistic skills and literary appreciation in the regional language or local language. (ii) the attainment of prescribed standards of proficiency in any two other selected languages among classical or modem Indian languages including Hindi and English; (iii) the acquisition of requisite knowledge in mathematics, physical and biological science with a special reference to the physical environment of the pupil; (iv) the study of social sciences with special reference to history, geography, civics, economics, disaster management and global warming so as to acquire the minimum necessary knowledge in regard to the State, Country and the World; (v) the introduction of 'work experience' or 'socially useful productive work' as an integral part of the curriculum; and (vi) training in sports, games, physical exercises, yoga and other arts. ( 5) In every recognized educational institution. ( a) the course of instruction shall conform to the curricula and other conditions under sub-section ( 1 ), and (b) no part of the working hours prescribed shall be utilized for any purpose other than instruction in accordance with the curricula, ( c) endeavour to regulate education of the pupils by the teachers wherein (i) the pupils are handled not by coercion but by persuasion so that their tender age is not abused; (ii) the pupils are taught in a friendly, conducive, cordial, hygienic and congenial atmo :· '" ' ·' 1' ;' adhering strictly to the medium of instruction ir: prcci,« ., lucid, understandable and simple language; 496 (iii) the pupils are not scolded. punished, slapped or beaten up; (iv) the pupils are not segregated on the ground of caste, sex, region, religion, community or grounds in like manners. Cll .\PTER- II Educational Authorities 8. Appointment of Officers:- (I) The State Government shall constitute as many departments as it deems necessary to deal with the various aspects of education and appoint Director or Commissioner for each department or group of departments. (2) The State Government may also appoint such number of officers as may be necessary, designated as Additional Director, Joint Director, Deputy Director or otherwise, for each department or group of departments to assist each such Director in the exercise of the powers conferred on and the performance of the functions entrusted to him by or under this Act. (3) Subject to the provisions of this Act and the general or special orders of the State Government made in this behalf, the Director or Commissioner appointed under sub-section (1) shall be the Chief Controlling authority in all matters connected with the administration of such part of education in the State as may be allotted by the State Government by an order in this behalf to the department or group of departments, of which he is the Director or Commissioner. ( 4) ( a) The Director or the Commissioner as specified in sub-section (3) shall regulate the matters with regards to transfer and posting of teachers in and from 'hard belt- or rural', 'middle belt or semi-rural or semi-urban' or 'soft belt or urban' or by whatever name called within or outside the districts/unit in an accountable and transparent manner depending upon the requirement of teachers or availability of vacancy in respect of educational institutions established, managed, administered and maintained by the State Government as may be prescribed. Explanation : For the purpose of this sub-section :- (i) hard or rural belt means school locations requiring foot march of not less than one day or one stage ; (ii) middle or semi-rural or semi-urban means school locations with minimum available motorable road connectivity ; (iii) soft or urban means school locations with all weather road connectivity and other amenities such as education and health facilities etc. 497 (a) They may by notification specify the Uniform Education Code with regards to the institutional planning. school discipline, admission and examination procedures, maintenance of school records and accounts, hostel administration, classification and conduct of co-curricular activities, educational code of ethics, pupil's fee, school uniform, common working hours etc. in respect of educational institutions established, managed, administered and maintained by the State Government as may be prescribed. (b) They may frame appropriate service/recruitment rules for direct recruitment, absorption, transfer on deputation, promotion thereby streamlining the hierarchy of various teaching and non teaching posts of the education department by taking into account the fulfillment of required educational qualification or such other consideration as may be prescribed. ( c) They shall initiate steps to create a separate cadre of Teacher Educators under School Education and frame appropriate service/recruitment rules for direct recruitment, absorption, transfer on deputation and promotion, thereby streamlining the hierarchy of various teaching and non-teaching posts under Teacher Education within the Department of Education by taking into account the fulfillment of required educational qualification or such other consideration as prescribed by the National Council for Teacher Education. ( d) The post of teachers at elementary, secondary and higher secondary stage of education shall be classified by considering their professional qualification and teaching responsibility. ( e) Depending upon the fulfillment of requisite qualification and length of service with other norms, primary teachers who possess such professional qualification as Diploma in Elementary Education (D .El.Ed.) shall be considered for promotion and career mobility to the next higher level teaching post. (±) If the State Government is of the opinion that any employment and officiating contract appointment be made on administrative exigencies in relation to the educational institution managed and administered by the State Government may, by giving to the employee one month's notice in wrir. ·.:.. " ·-,1,w)' or wages for one month in lieu thereof, terminar: such c ontract employment and officiating services. 498 (5) The State Government may constitute such number ofVigilance Cells at the State, Division and District levels as it thinks fit with such number of officers as it deems necessary in each cell for each department to perform such duties and functions as may be prescribed for the proper observance of the provisions of this Act and rules made thereunder. (6) All persons employed in the administration of this Act shall be subject to the superintendence, direction and control of the State Government and the officer or officers to whom each officer shall be subordinate shall be determined by the State Government. 9. District Education Officers and other subordinate officers and staff at the district level. (1) The State Government may appoint for each District one or more District Education Officers, and every such District Education Officer shall exercise such powers and perform such functions as may be entrusted to him by or under this Act. (2) The State Government may sanction the appointment of such number ofofficers and staff as may be necessary to assist the District Education Officer. (3) The appointment to the posts sanctioned under sub-section (2) shall be made by such authority and in such manner as may be prescribed. ( 4) The powers and functions of the officers and staff appointed under this section shall be such as may be prescribed. 10. Constitution of Board/Commission/State Council of Educational Research & Training:- (1) Consistent with clause ( a) of sub-section (2) of section 3, the State Government shall continue to follow all rules and regula~ions of Central Board of Secondary Education and its Examination pattern till such time an appropriate independent State Board is constituted. (2) As and when the State Government feels it necessary and expedient, may by notification, establish a Board of Secondary Education to be called 'T he Arunachal Pradesh Board of Secondary Education", the composition, powers and functions of which shall be such as may be prescribed. The functions of the Board shall include.- Ca) advising the State Government on the co-ordinated development of Secondary Education in the State, and (b) the conduct of examinations, conforming to the minimum standards as may be prescribed and the award of certificates. (3) The State Government may further, by notification establish a Board of Teacher Education to be called 'T he Arunachal Pradesh Board of 499 Teacher Education," the composition and powers of which shall be such as may be prescribed. The functions of the Board shall be to advise the State Government on the courses of study, pre-service and in-service training to teachers and to conduct examination of pre service teacher education and all other matters relating to teacher education. (4)(a) Also further the State Government may by notification constitute a Board or a Commission to be called the "Arunachal Pradesh Education Service Board" or the "Arunachal Pradesh Education Service Commission". The Board or the Commission shall conduct examinations for recruitment to the various teaching and non-teaching posts up to the post of Group-B (Gazetted) as may be prescribed. (b) The composition, powers and functions of the Board or the Commission may be such, as prescribed. (5) The State Government shall by notification establish the State Council of Educational Research & Training (SCERT) in order to strengthen and promote quality teacher education to meet the general need of universal quality education in the State. For this purpose, the existing teaching and non-teaching posts, infrastructure etc. of State Institute of Education (SIE) may be absorbed as deemed appropriate in the SCERT. (6) The State Government furthermore may, by notification, constitute such Board other than those specified in sub-sections (1) to (5), to discharge such functions and to exercise such powers as may be prescribed. CHAPTER-ill Enforcement of Free and Compulsory Elementary Education 11. State Government to direct by notification Elementary Education to be free and compulsory in the entire State- (1) The State Government may, by order, direct that with effect from the commencement of such academic year and for children with such age group ( 6-14) as may be specified in the order, elementary education shall be free and compulsory in the entire State: Provided that a child who has completed the age of five years shall not be denied admission into the school. (2) Every order under sub-section (1) shall be.- ( a) Published in the Official Gazette and in such other manner as the State Government may decide ; 500 (b) So made as to ensure that there is an interval of not less than thirty days between the date of the publication of the order and the first day of the specified academic year. (3) No order shall be made under sub-section ( l) in respect of school unless the State Government is satisfied that necessary facilities have been provided in that school for imparting elementary education to all children. 12. Enforcement of provisions of sections 13 to 143 :- Subject to grammatical variations and cognate expressions and references made in section 2 all the provisions of sections 13 to 143 shall mutatis mutandis apply to all the educational institutions established. managed. administered, controlled and maintained by the State Government as may be prescribed. I 3. Schemes for Free and Compulsory Elementary Education:-( 1 )Any local authority, if called upon by the State Government so to do, shall within such time as may be specified by the State Government submit to them a sc liern e for free and com pu lsory elem entary educ ar ion in such lo c al iry within its jurisdiction for children ordinarily resident therein, of such ages and up to such standard as the State Government may specify. (2) The Scheme submitted under sub-section ( 1 ), shall be in such form as the State Government may specify and shall contain the following particulars. namely.- (a) The locality in which elementary education will be free and compulsory; (b) The approximate number of children to whom the scheme will apply classified according to age. (c) A list of existing approved schools and the schools if any, proposed to be opened for the purpose, classified by languages in which instruction is given or is proposed to be given: (d) The number of teachers already employed and the additional staff proposed to be recruited; (e) The recurring and non-recurring cost of the scheme: and (f) Such other particulars as may be prescribed. (3) The State Government may, after such inquiry as it may consider necessary, sanction with or without modification the scheme-submitted by the local authority under sub-section (1 ). The implementation of the scheme so sanctioned shall be subject to the general control of and the directions issued from time to time. by the State Government. 501 ( 4) No sanction shall be accorded under sub-section (3) in respect of any scheme unless the State Government are satisfied that such steps, as may be prescribed, have been taken to provide the necessary facilities for imparting free and compulsory elementary education to all children to whom the scheme will apply. (5) On receipt of sanction under sub-section (3) the local authority shall give effect to the scheme so sanctioned by means of a declaration that with effect from the first day of the next academic year, elementary education for children of both sexes up to such class or standard and within such age - group as may be specified therein shall be free and compulsory in any locality which may be so specified. (6) Every declaration under sub-section (5) shall be published before the first day of April of each year immediately preceding the academic year, in the Official Gazette and in such other manner as the local authority or the Director of School Education, as the case may be, may decide: Provided that the State Government may, for any good and sufficient cause, condone any delay in the publication of such declaration in any year. (7) Where any local authority fails to submit a scheme when called upon to do so under sub-section (1) or to give effect to any sanctioned scheme, under sub-section (5) to the satisfaction of the State Government, the State Government may cause the scheme to be submitted or the sanctioned scheme to be implemented as the case may be, by such person or authority as they think fit. The State Government may, at any time, entrust the administration of the sanctioned scheme to the local authority concerned. 14. Attendance authorities and their powers and duties: - (1) A local authority in the case specified under section 13 and in other cases, the Director of School Education may appoint as many persons as it or he think fit to be attendance authorities for the purpose of this Act, and may also appoint as many persons as are considered necessary, to assist the attendance authorities in the discharge of their duties. (2) It shall be the duty of the local authority and in any other case, the attendance authority, to cause to be prepared as early as possible in such manner as may be prescribed list of children within the age group ( 6-14) specified in the order under section 11 or in the scheme under section 13 in any locality. Such lists shall also be prepared in every year in every specified locality at such time and in such manner as may be prescribed. 502 (3) The attendance authority or any person appointed to assist the attendance authority may put such question to any parent or enquire any person to furnish such information about his child, as it or be considered necessary. and every such parent shall be bound to answer such questions or to furnish such information, as the case may be, to the best of knowledge or belief. (4) It shall be the duty of the attendance authority to notify the parent of every child to whom the order under section 11 applies. but against whom no attendance order has been passed under section I 8, that he is under an obligation to cause the child to attend an approved school with effect from the commencement of the specified academic year. 15. Responsibility of parent to cause his child to attend school- It shall be the duty of the parent of every child to cause the child to attend an approved school, unless there is a reasonable excuse for his non-attendance within the meaning of section 16. 16. Reasonable excuse for non-attendance- For the purpose of this Act any of the following circumstances shall be deemed to be a reasonable excuse for the non-attendance of the child at an approved school, namely :- (a) that there is no approved school within the prescribed distance from his residence; (b) that the only approved school within the prescribed distance from the residence of the child to which the child can secure admission is one in which religious instruction of a nature not approved by his parent is compulsory : ( c) that the child is receiving instruction in some other manner which is declared to be satisfactory by the State Govenunent or by an officer authorized by the State Government in this behalf ; (d) that the child has already completed elementary education up to the standard specified in the order under section 11; ( e) that the child suffers from a physical or mental defect which prevents him from attendance : (f) that the child has been granted temporary leave of absence not exceeding the prescribed period by the prescribed authority or by any other person authorized by the prescribed authority in this behalf : (g) that there is any other compelling circumstance which prevents the child from attending school, provided the same is certified as such by the attendance authority ; and (h) such other circumstance as may be prescribed. 503 17. Special schools for physically or mentally challenged children.- If there is in existence a special school within the prescribed distance from the residence of a child who is suffering from physical or mental defect, the attendance authority may, if it is satisfied that the child is not receiving any instruction in some other manner considered by it to be satisfactory, by order require the child to attend the special school; and it shall be the duty of the parent of such child to cause the child to attend the special school unless there be a reasonable excuse for the non-atte
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