LexaceLexace Ask the AI ›
⚖️ Ask the AI about your situation:🚗 Car Accident💼 Work / Job🏠 Housing / Eviction👪 Family / Divorce📋 Contract Dispute💰 Money Owed

The ARUNACHAL PRADESH EDUCATION ACT 2010

Arunachal Pradesh · state statute
Open in Lexace · Ask the AI about this act
484 
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

Excerpt shown. Open the full act in Lexace.

‹ Prev All Arunachal Pradesh acts Next ›