LexThe Assam Elementary Education (Provincialisation) Act, 1974 (Single Document)
Assam · state statute
Open in Lexace · Ask the AI about this actASSAM ACT VI OF 1975
[Received the assent of the Governor on the 9th June, 1975]
THE ASSAM ELEMENTARY EDUCATION (PROVINCIALISATION)
ACT, 1974
An
Act
Preamble.
to provide for provincialisation of the Element ary Education in the State of
Assam.
Whereas it is expedient to provincialise the services of the teachers of
Elementary Schools including Pre-primary Schools and the employees of the
respective Boards;
And whereas it is expedient that the management and control of
Elementary Education hitherto vested in the authorities under the provisions
of the Assam Elementary Education Act, 1968, be taken over by the State
Government ;
It is hereby enacted in the Twenty -Fifth year of t he Republic of India as
follows: -
CHAPTER I
Short title,
extent and
commencement.
1.
(1) This Act may be called t he Assam Elementary Education
(Provincialisation) Act 1974.
(2) It extends to the whole of Assam except the autonomous districts:
Provided that the Go vernor may, with the consent of the District
Council concerned, extend all or any of the provisions of this Act to all
or any of the autonomous districts on such date or dates as may be
notified in this behalf.
(3) It shall come into force on such date as the State Government may , by
notification in the official gazette, appoint.
Definition. 2.
In this Act, unless there is anything repugnant in the subject or context,-
(a) "area of compulsion" means an area specified for the purpose of making
Elementary Education compulsory under section 14;
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(b) "Autonomous district" means the district under the Sixth Schedule to the
Constitution of India ;
(c) "Child" means a person of either sex who has completed five years of
age and has not exceeded fourteen years or of s uch age as the State
Government, may from time to time, prescribed ;
(d) "District Council" means a District Council constituted under sub -
paragraph (1) of paragraph 2 of the Sixth Schedule to the Constitution of
India ;
(e) "Elementary Education" means education of such class or st andard, as
may be prescribed ;
(f) “Elementary School ” means a School where elementary education is
imparted ;
(g) "Guardian" means the person to whom the duty of taking care of
,bringing up or the custody of the child has been entrusted by law or
custom or by a ny lawful authority or who has in fact accepted or
assumed such duty or has actual custody of such child or where such
guardian cannot be readily ascertained or such person as the local
authority shall decide;
(h) "Local Authority" means the G auhati Municipal Corporation, a
Municipal Board as defined in the Assam Municipal Act, 1956, a Town
Committee established under the said Act and a Mahkuma Parishad and
a Gaon Panchayat established under the Assam Panchayati Raj Act,
1972;
(i) “Management" means and includes such powers and functions in respect
of the local authorities and of "District Councils" as have been laid down
in this Act;
(j) “Notification" means a notification published in the official gazette;
(k) “Prescribed" means prescribed by rules made under this Act;
(l) "State Government" means the Government of Assam;
(m) "Recognised School" means a School recognised or deemed to be
recognised under this Act;
(n) "State Board" for Elementary Education and "Regional Board" for
Elementary Education mean the boards constitu ted under the Assam
Elementary Education Act,1968;
(o) "existing teachers" means the teachers appointed or deemed to have
been appointed by the Government and by the State Board for
Elementary Education under the Assam Elementary Education Act,1968
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(p) "attendance authority" means any person appointed to be an attendance
authority under section 20.
CHAPTER-II
Immediately as this Act comes into force.
3.
(1) All sums of money that may be in the Elementary Education Fund,
created and maintained under section 20 of the Assam Elementary
Education Act, 1968, shall vest in the State Government.
(2) All sums of money that may be in a Regional Board Fund, created and
maintained under section 31 of the Assam Elementary Education Act,
1968, shall vest in the State Government.
(3) All teachers of Elementary Schools and Pre -primary Schools,
maintained by the Regional Boards of Elementary Education,
constituted under section 18 of the Assam Elementary Education Act,
1968, shall be deemed to be the employees of the State Government.
(4) All employees of the State Board of Elementary Education, constituted
under section 4 of the Assam Elementary Education Act, 1968, shall he
deemed to be the employees of the State Government; and shall be
entitled to such emoluments as were admissibl e to them before the date
of commencement of this Act till such time as their emoluments are
prescribed by rules under this Act.
1[(4A) Services of all teachers and employees who rendered services under the
following repealed Acts and whose services are t aken o ver by the
Government on provin cialisation on 5th September, 1975 under the
principal Act shall be deemed to be services under the Government and
shall qualify and count for pension and other retirement benefits.
(1) The Assam Basic Education Act, 1954 (Act XXVI of 1954).
(2) The Assam Elementary Education Act, 1962 (Act XXX of 1962).
(3) The Assam Elementary Education Act, 1968 (Act XVII of 1969).
(4B) For the purpose of sub-section (4A) above, services of such teachers and
employees taken over on 5th Septe mber, 1975 shall be deemed to be
substantive and permanent under the Government and paid for by the
Government for the purpose of pension”.]
(5) (i ) All teachers appointed by the Regional Boards of Elementary
Education taken over by the Government under sub section (3)
shall be entitled to such scales of pay and allowances as admissible
to teachers of corresponding rank in a Government institutions.
1. Ins. by Assam Act No. VI of 1987.
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(ii) All ministerial and Grade IV staff appointed by the State Board of
Elementary Education for Regional Boards offices shall be entitled
to such scales of pay and allowances as admissible to employees of
corresponding rank in a District office under the State Government.
(iii) All ministerial staff appointed by the State Boar d of Elementary
Education for the office of the Secretary, State Board, taken over by
the Government under sub- section (4) shall be entitled to such scales
of pay and allowances as admissible to staff of corresponding ran k in
the offices of the Head of Departments under the State Government:
Provided that the teachers and the staff so taken over shall be
governed by the same set of Service Rules and Rules of Conduct and
Discipline as are applicable to Government employees of the
corresponding ranks.
(6) All properties of the State Board and the Regional Boards including the
properties held by the various authorities constituted under the
provisions of the Assam Elementary Education Act 1968, shall vest in
the State Government.
(7) Notwithstanding anything contained in this Act t he responsibility of
proper ad ministration, and supervision of elementary education and of
arrangements of inspection and of proper training of teachers shall lie
with the State Government. The State Government shall also determine
the curriculum and duration, standard and syllabus of the course of
instruction to be imparted in an elementary school.
4.
The Director of Public Instruction, shall be the Administrative Officer on
elementary education and shall exercise such powers and perform such duties
as may be required for carrying out the purposes of this Act. He shall also
perform other duties and exercise such other powers as may be prescribed by
the Government.
CHAPTER III
Local authorities’ power of management of Elementary Schools
5.
As soon as this Act comes into force, Government may, if and when
necessary, vest the management of elementary school/schools, subject to such
conditions as may be prescribed, in the local authorities of the area
concerned:
Provided that nothing in this section shall preclude the right of minorities
whether based on religion or language or any private body from managing
their own schools.
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6.
In the areas where the Assam Panchayati Raj Act, 1972 is in operation the
Block Development Officer or, where there is no Block Development Officer,
such other officer as may be specified by State Government in this behalf,
with the help of such officers of Education Department, as may be attached to
him, shall act as a co -ordinating agency, It shall be the duty of the c o-
ordinating agency to see that the provisions of this Act are observed in the
schools.
7.
The State Government may on the advice of the Director of Public Instruction
or otherwise rescind in part or in whole any resolution, order or decision of a
local authority and may also prohibit the doing of any act in pursuance of
such resolution, order or decision whenever in the opinion of the S tate
government, such resolution, order, decision or act is in excess or abuse of the
powers, conferred upon the local authority by this Act, or by any rules framed
thereunder.
CHAPTER IV
Fund for District Councils
8. (1) The S tate Government shall prescribe by rules the principles for
assisting the District Council in the management and maintenance of
Elementary Schools and place amounts at the disposal of the District
Council in accordance with those rules from time to time.
(2) In autonomous districts the amount so received shall be deposited in the
Fund of the District Council under a separate head 'Elementary
Education' and the amount so received shall be applied for the purposes
enumerated in section 9.
9.
Subject to other provisions of this Act, the District Council fund shall also be
applied for the following purposes, namely:-
(i) payment of any stipend or scholarship to students in accordance with
Rules and Orders of the Education Department;
(ii) payment of such sums of money as may be f ound necessary for
construction, extension, improvement and maintenance of school
buildings and for provision of mid -day meal, play ground, furniture
and equipment;
(iii) payment of legal expenses and other expenses which may be found
necessary.
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CHAPTER V
Powers of the State Government to settle disputes
. 10.
Any dispute arising out in respect of transfer and ownership of any property
or any matter pertaining to any provision shall be referred to by the aggrieved
party to the State Government whose decision in this behalf shall be final and
binding on all concerned.
CHAPTER VI
Recognition of Elementary Schools and their affairs
11.
Subject to Section 12, all Elementary Schools recognised under Section 37 of
the Assam Elementary Education Act, 1968 shall be deemed to be recognised
Elementary Schools by the State Government.
12.
The terms and conditions of recognition and of grant -in-aid to new
Elementary Schools shall be as laid down by the State Government from time
to time:
Provided that on the recommendation of the Deputy Inspector of Schools
concerned, the State Government may accord necessary recognition to such
Elementary Schools as may fulfil the required conditions.
All existing teachers and other employees of the Schools or those to be
appointed in any Elementary schools recognised under this Act, except in the
case of the autonomous districts, shall be deemed to have been appointed by
the State Government in their corresponding ranks.
CHAPTER VII
COMPULSORY EDUCATION
13.
No fee shall be levied in respect of any child for attending a recognised
Elementary School.
14.
The S tate Government may, by notification, declare that elementary
education shall be compulsory upto certain age to be prescribed in any area or
areas of the State as specified in the notification.
15.
In an area of compulsion the guardi an of every child, resident in s uch area,
shall subject to the provisions of Section 16 be bound to cause the child to
attend a recognised Elementary School in such area.
16. A guardian may be exempted from causing a child to attend a recognised
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Elementary School if,-
(i) the child is receiving education otherwise than in a recognised
Elementary School to the satisfaction of the attendance authority;
(ii) the child has already completed the standard of elementary education
prescribed;
(iii) there is no recognised Elementary School within the distance of one
mile from the residence of the child or even if there is one when it is not
reasonably or conveniently accessible from such residence ;
(iv) the child is prevented from attending school by sickness, infirmity or
any other mental or physical defect accepted as sufficient ground by the
attendance authority ; or
(v) there is any other compelling c ircumstance which, in the opinion of the
attendance authority prevents the child from attending a recognized
Elementary School.
17.
(1) If the attendance authority is satisfied that a child due to economic or
other circumstances connected with the family to which the child
belongs, is unable to attend an approved school in the manner required
by or under this Act, it may permit the child to attend any institution
imparting part-time elementary education.
(2) A child receiving education under sub -section (1) shall be deemed to
have fulfilled the requirements of section 16 of this Act.
18.
The manner in which a list of children in an area of compulsion shall be
caused to be pre pared, the manner of notifying the guardians, the period and
duration of compulsory attendance of children in schools; shall be as
prescribed.
19.
In an area of compulsion, it shall be the duty of every local authority to enlist
the co -operation of the guardians in ensuring the attendance of children in
schools.
20.
(1) The State Government may appoint the attendance authorities for the
purpose of enforcing attendance in schools.
(2) The attendance authorities shall have such powers, function s and duties
as may be prescribed.
(3) An attendance order on the guardian of a child shall be passed at such
time and in such manner as may be prescribed.
21.
No guardian or person shall utilise the time or the services of a child in
connection with employment of such a child, whether on remuneration or
otherwise, in such a manner or at such time of the day as to interfere with
regular attendance of the child in a school as required under this Act.
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22.
Any guardian who contravenes the provision of Section 15 or any guardian or
person who contravenes the provision of Secti on 21 shall be punishable with
fine not exceeding two rupees and in case of a continued contravention with
an additional fine not exceeding fifty paise for every day during which such
contravention continues.
23.
The Courts competent to try offences under this Act shall be the following:-
(a) in areas where the Panchayati Adalat, has been established under
Section 83 of the Assam Panchayati Raj Act,1972 such Adalat within
whose jurisdiction the offence is committed ;
(b) in other areas the Court of a Magistrate having jurisdiction.
CHAPTER VIII
Miscellaneous
24.
No Court shall take cognizance of an offence under this Act except on a
complaint of an attendance authority.
25.
The attendance authority shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code.
26.
No suit, prosecution or other legal proceedings for anything done in good
faith under this Act shall lie without the previous sanction of the State
Government in this behalf.
27.
(1) The State Government may, after previous publication in the official
Gazette, make rules for carrying out the purpose of this Act.
(2) In particular and without prejudice to the generality of the foregoing
provisions such r ules may provide for all or any of the followi ng
matters, namely:-
(i) terms and conditions of services of teachers of elementary
schools including conduct and discipline of teachers ;
(ii) manner of making payment of scholarships ;
(iii) conditions under which management of elementary school shall
vest in the local authority;
(iv) form of register of children to be maintained by a local authority;
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(v) conditions under which administration of elementary education
has to be carried out in the autonomous districts ;
(vi) conditions for placing of funds with different authori ties
constituted under this Act ;
(vii) manner of disbursing funds by a local authority or by any other
authority constituted under this Act;
(viii) terms and conditions of services of the employees under the State
Board and the Regional Boards ;
(ix) conditions of taking over of elementary schools managed by the
State Board for Elementary Education by the Government ;
(x) conditions of payment of other liabilities of a Regional Board or
the State Board ;
(xi) manner of keeping accounts by a District Council or local
authority;
(xii) conditions of taking over of assets of the State Board or a
Regional Board.
(xiii) manner, procedure and authorities for taking disciplinary action;
(xiv) fixing the limit of the age of a child;
(xv) manner of preparation of details as required under section 18;
(xvi) fixation of powers, duties and respons ibilities of the various
offices including attendance authorities;
(xvii) fixation of time and manner of serving attendance order on
guardians.
(3) Every rule made under this section shall be laid, as soon as may be after
it is made, before the Assam Legislative Assembly while it is in session
for a total period of fourteen days which may be comprised in one
session or in two successive sessions, and if, before the expiry of the
session in which it is so laid or th e session immediately following, the
Assam Legislative Assembly agree that the rule should not be made, the
rule shall thereafter have effect only in such modified for m or be of no
effect, as the case may be; so however, that any such modification or
annulment shall be without prejudice to the validity of anything
previously done under that rule.
28. (1) The Assam Elementary Education Act, 1968 is hereby repealed.
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(2) Any of the provisions of the Gauhati Municipal Corporation Act, 1969
the Assam Municipal Act, 1956 and the Assam Panchayati Raj Act,
1972 which are repugnant to any of the provision s of this Act shall
stand repealed.