LexThe Assam Elementary Education Act, 1968
Assam · state statute
Open in Lexace · Ask the AI about this actASSAM AC T XVII OF 1969 [R ec eiv ed th e as se nt o f the Gover nor o n the 5th Au gu st, 1969j TH E ASSAM ELE ME NTARY ED UC AT ION ACT , 1968 - (Published in th e Assam Gazette E xtr aor din ary , dated the 9th £ August, 1969) An Act to p rovid e fo r the m an ag em en t an d co nt ro l o f el em en ta ry educa tion a nd f or fre e co m pu lsor y elem en ta ry ed uc ation in Ass am Preamble. Whereas it is expe dien t to make provision for exp ansion, manag em ent , imp rov ement an d control of elem enta ry edu cation ; And W hereas it is fur the r expe dient th at free an d compu lsory elem entary edu cation shall be intro duc ed in the State of Assam in gra dual stages ; It is hereby enacted in the Nin eteenth Yea r c/ She Republic o f Ind ia as follows PA RT I CHAPTER I Pr elim in ar y Short title Th is Act may b e called the Assam Elemen- extent and tar y Educa tion Act, 1968. comtnence- (2) It extends to the whole of Assam except the auto nom ous dist rict s: Prov ided t ha t the Governor may , wit h the conse nt of the D istrict Council concerned, exte nd all or any o f the provisions of this Act to all or any of the autonomous distric ts on such da te or dates as may be notified in this behalf. (3) It shall come into force on such date as the State Gov ern ment may, by notifica tion in the Official Gazette, app oint. Definitio ns/ Act, unless ther e is any thin g rep ugn ant in the subject or con text — (a) “area of compulsion” m eans an area specified forth e purpose of makin g elem entary educ a tion compu lsory under section 42 ; 2 9 < 9 (b) “a ttend ance au tho rity” means any person app oin ted to be an attendan ce aut hority under section 48; ’ » 0 “ Autonomous dis tric t” means the auton o mous distr icts under the Sixth S chedu le to the Con stitutio n of India ; (J) “ Basic T raini ng Ce ntr e” means an Insti tu tion in which teachers are traine d in Basic Education ; (« ) “Block Develop men t Office r” means the Executive Officer app oin ted by the Governm ent to be in-charge of a Com muni ty Dev elop men t Block ; ( / ) “ Ch ild ” means a person of either sex who has com pleted five years of age and has not exceeded fourteen years or of such age as the Sta te Gov ernmen t may , from time to time, pres cribe ; X • ■ v Y v (g) “District Council” means a District Council constitu ted under sub -pa rag rap h (I) of pa rag rap h 2 o f the Sixth Schedule to the Con stitu tion of India ; fA ) “elem enta ry edu cation” means edu cation upto such class or sta nd ard , as may be prescribed ; (») “ elem entary school” means a school where elem entary edu cat ion is impar ted ; ( j) “g ua rdian” means the person to whom the duty of taking care of, b ring ing u p or the custody of the child has been ent rusted by law or custom , or by any lawful author ity, or who has in fact accepted or assumed such duty , or has actu al custody of such child or where such guard ian can not be readily as certain ed such perso n as the local \ aut hority shall decid e ; $£ ) “ local au th or ity ” means a Municipal Board * . A .t as defined in the Assam Municipal Act, xV of 1956, a Tow n Com mittee as established 1957. under section 335 o f the said Act, a n Ancha- lik Pan cha yat and a Gaon Panch aya t estab lished under the Assam Panchayat Act 1959: __ c < 3 » 3 Provided th at the R egio nal Board shall be deem ed as local autho rity in respect * of schools which are not maintain ed and managed by the Municipal Board, Town Com mittee, Anch alik Panch aya t and Gaon < ■ > ~ Panchayat; (/) “ manag em ent ” means and includes such powers and functions in respect of the local auth orities and of Di strict Councils as have been laid down in this Act ; (di) “ notification” means a notif ication publish ed in the official G azette ; (n) “pres crib ed” means prescribed by rules mad e under this A c t; (o) “recognised school” means a school recog nised under this Act ; (p ) “ State Board ” means the Sta te Board for Elem entary Educ ation constitu ted undet section 3 ; (5) “ Existing teac hers” mean the teachers A ss am Act appoint ed or deem ed to have been appoint- XXX el ed under the Assam Elem entary Educa tion l 9 G 2. Act, 1962 and the teachers ap poin ted by the Governm ent and take n over by the Sta te Board unde r section 35 (2). CHAPTER II State Boa rd— its cons tituti on, pow ers and functio ns State Board. 3.( 1) Th e Sta te Governme nt shall con stitu te a Sta te Board for Elementary Educa tion for manage me nt, imp rove men t and expansion of Elem entary Edu cati on in the State and to advise the Gover nment on matter s rel ating to Elem entary Edu cati on. (2) Th e State Board shall be a bod y corporate with perpe tua l succession and a common seal, an d shall sue and be sued by the name of the State Board for Elementary Education. It shall be competent to acq uire and to hold movable and immo vable propert y, to trans fer any such pro perty so held by it, and to do all oth er acts neces sary for carry ing ou t its duties and functions under this Act an d the rules mad e thereu nder. 4 Constitution 4. (1) Th e State Board shall b^ constituted with °f t a t the following members— ' > Bs ard . (z) Th e Minister of Educ atio n, by virtue of his office, shall be the Cha irm an of the State » Board. (z z) Th e Min iste r of State for Educ ation or the Dep uty Minister of Education, as the case may be, by v irtu e of his office shall be the V ice-Chairma n of the Board. (mi) The Secr etary of Education. (in) Th e Directo r of Pub lic Instr uctions, by virtue o f his office. (r) Th e Add itional Direc tor of Public Ins truction s, by virtue of his office. (D) Th e Additional Directo r of Public Inst ructions, Hills by virtue of his office. (ri i) Th e Jo in t Directo r of Public Instruc tion or t he Officer-in-charge of Elem entary Educa tion by wha teve r nam e he may be designated, by virtu e of his office, shall be the Secretary of the State Board. (rzz z) Th e Deputy Director of Public Ins truction, in-ch arge of Wom en’s Education. ■ n -x . (z x) All the Inspectors of Schools of the Plains Districts, by virtu e of the ir offices who shall be the Jo int Secretaries of the Sta te Board. (x) The Prin cipa l o f Sta te Ins titu te o f Educ ation. (xz) Seven repre sentative s to be elected by the Assam Legislative Assembly from amo ngst its m embe rs. (x zz ) Membe rs not exceeding seven in num ber incl udin g one wom an educationist to be nom inated by the Sta te Governm ent to serve such inte rest a nd area s as, in t he opinion of the State Gover nm ent , should specially be represen ted. o 5 > # > (xm) Two repre sentatives of teachers one from Lcw er Prima ry Schools a nd one from Middle Vernacular Schools to be nom ina ted by the State Governm ent. (xiv} One represe ntative from each Auto nomous Dis tric t to which the provision of this Act ma y be exten ded under section 1(2 (2) No person shall be entitled to con tinu e as a member un de r clause (xi) of sub-section (1) if he ceases to be a memb er of the Legislative Assembly. *•S (3) No person nominate d or app oinled by virtu e of his office u nd er this section shall con tinu e to be a member of th e Sta te Board, if he ceases to hold th at office. (4) Eleven memb ers shall form the quorum. o ft h e n a n ie s s o o n a s Sta te Board has been con- of me mb ers stitut ed, the names of the mem bers thereof shall be of the State notified by the State Governme nt. Bo ard. Terms of 6. (1) Subject to oth er provisions of this Act, office of th e every member of the S tate Board shall hold office for the ”1 'sta te a t e r m b° u r y e a r s from the date on which the B oard ." notification under section 5 has been pub lish ed. On the expiry of such term , a mem ber shall be eligible for re-app ointme nt or re-election. (2) A casual vacancy occurring in the State Board at any time durin g the term o f four years shall be filled for the rem aining period of the ter m in the same ma nner in whi ch the membersh ip was originally filled up. (3) Th e Sta te Board shall be competen t to exer cise all its powers at any time notwithstand ing any vacancy or vacancies in its mem bership rem aining unfilled for th e time being. (4) Notwithstanding the expiry of four years Spe cified in sub-se ction (1), every member of the State Board shall con tinu e to hold office until the first meeting of the next State B oard a t w hich a quo rum is presen t. Reiigna tio n 7. Any mem ber of the Sta te Board ma y resign °hi ™e m b e r" bis mem bership at any time by giving notice thereof in writing to the Secretary who shall forw ard the same to the State Governme nt. The member shall be ■ deem ed to have vaca ted his mem bership as soon as the State Governm ent has acc epted his res ignation. I K 9 6 Cessatio n o f 8. Any mem ber of the State Board who is not membership, a m c m [3 e r b y virt ue of office may be removed from office by the Sta te Governm ent if he is absent for three consecutive meetings the reo f and fail to offer reasons for such absen ce which are considered sufficient by the S tate Gov ernmen t. Rem oval of 9. Th e Sta te Governm ent may of its own motio n members, or on the reco mm end atio n of the State Board remove any mem ber o f the State Board if the Sta te Gov ern ment is satisfied that he has been guilty of misco nduct in the discharge of his duties as such member or of any c ond uct involving moral tur pitude or has become incapable of performing such duties by reason o f any physical or m ent al infirmity t Provided th at no such mem ber shall be so removed unless the recommenda tion , when there be any, for such removal has been mad e by a resolution passed in a m eeting of the State Board in which at least two- thirds of the total num ber of members w ere present : Prov ided fur the r th at no member shall be so removed by the Sta te Governmen t of its own motion nor shall any resolu tion recommending his removal be of any effect, unless he has previously been given a reasonable opp ortunity of showing cause wliy he should not be so rem oved or why such reco mm enda tion should not be made. Mee ting of 10. (1) Ordin ary meeting —The S tate Board shall the Sta te me et not less than twice a yea r, bu t six months shall B o a rd - not ordinarily inte rvene betw een two successive meerings. o V (2) Special meetings—T he Secre tary of the State Boa rd may, at any time, and shall upo n req uisi tion m ade by not less than o ne-t hird of the non-official mem bers o f the Board, and on a date not mor e than twen ty-on e days of the rec eipt of such requisition, call a special mee ting o f the Board. (3) Th e Cha irm an and in his abse nce the Vice-Chairm an shall pres ide over the meetin g o f the State Board, an d in the absence o f both the memb ers pre sen t sha ll elect one of them to preside over the meeting. (4) Th e procedu re to be followed in th e meeting and the perio d of notice of the meeting shall be as prescribed. Q* t 7 Powers and duties of the Chairman and Vice- Chairman. Rules of business. 11. (1) It shall be the duty of the Ch airma n and Vice-Chairman to see th at the provisions of this Act and the rules and regu lations made there un der are duly observed an d the decisions of the State Board are duly imp lem ented by the Secre tary of the State Board and they shall have all the powers necessary for this purpose. (2) The Chairma n snail have power to direct the Secretary to convene a meeting of the State Board. (3 ) Whe n any emergency arises in course o f the adm inistrative business of the Sta te Board which, in the opinion of the Qhairm an, requires an imme dia te action, h e sha ll take such acti on as he deems necessary and r epo rt his action to the Board at its nex t meeting for appro val. (4) Th e Chairm an and the Vice-C hairman shall exercise such oth er powers as may be pres crib ed. 12. Th e Sta te Board shall perform its duties and c arry out its functions in acco rdan ce with such rules o f business as may be prescribed. Powers and 13. Th e Sta te Board shall have the following fun ctions powers a nd functions, namely :— State B oatd. (a) to l ay down principles or norms for sanction of non -rec urring grants to elem entary schools for ma intena nce of school buildings, provision of fu rniture, edu cational aids and equipm ents as may be found necessary from time to time ; (b) to supervise and regulate the activ ities o f the Regional Boards ; (c) to lay down procedure and conditions of gra nting financial assistance to schools o f pre-ele men tary stage ; (d) to form ulate rules for constitu tion, dissolu tion , functions and dutie s of the Managing Committe es of elem entary schools under the State Board ; (e) to lay down principles, conditions and manner of recognition, ama lgam ation, expan sion, opening a nd closing of elem enta ry schools as may be necessary fro m time to time and to make financial allotm ent to the Regional Boards for carry ing out the ir functions under this A c t; 8 (f) to lay down the pa tte rn and strength of s office staff in the offices o f the Secretary o f the S tate Board and of the S ecretaries of ' » the Regional Boards as recommende d by the Executive Com mitte e constitu ted und er section 14 an d to create such posts as may < s be necessary from time to time ; (g) to appoint , transfer, disch arge, dismiss or otherwise punish the employees of the offices of the State Board and Reg ional Boards ; (h) to create such posts of' officers of th e State Board as may be found necessary from time to time with prior app roval of State Governme nt ; (i) to hold such tests or examinations at such stages of elementary edu cation as may be deem ed necessary by the Sta te Board ; (j) to cons titute c omm ittee or committees for the purpose o f con ducting exam inations or - ? for any other purposes ; (kl to lay down the p att ern and stre ngth of the teaching staff of elem entary schools, quali fications required of teach ers and to lay down the m anner, method a nd proce dur e of the ir recruitmen t an d to arr ange for such tests o r exam inations as may be necessary for selection of c andidates for teac hersbip ; (l) to m ake such regulations as ma y be neces sary with the app rov al of Sta te Govern me nt ; (m) to f ormulate rules govern ing the provide nt fund o f the employees of the State Board ; (n) to form ulate rules of conditions of service of teachers of elem entary schools including the ir conduct rules ; ' (o) to levy such exam ination fees as ma y be V * “ necessary and to lay down rates of rem u neratio n to pap er setters, invig ilators, tabulators , examiners and o thers in connec tion with different examinations ; J (p) to write off unrecoverable loans and advan ces and value of pro per ty irrecove r ably lost : Provided th at such writing off shall requ ire State Go ver nm ent ’s p rior app roval where the value of the loan or property exceeds Rs.5 000 in each case ; (q) to delegate any of its powers as may be found necessary to the Executive Co mm it tee constitu ted un de r section 14 or to any officer inclu ding ex -o ffi ci o officers by a resolution of the Board ; t 9 x fr) to do any oth er act which the S tat e Board - ■ considers necessary for carry ing out the purposes of this Act fully and effectively. Ex ecu tiv e 14. (1) Th ere shall be an Executive Comm it- * •f° theS t*te t e e t ^i e Sta te Board consisting of the f ollowing :— heard. (i) Th e Minister of Educa tion o r the Min ister of Sta te for Educa tion or the Dep uty Minister for Edu cati on, as may be notified by the State Governm ent, shall be the Pres iden t of the Executive Com mittee. (ii) Director of Pu bli c I nstr uction, Assam— Vice - Preside nt—Ex-Officio . (iii) Add itional Director of Public Instructio n, Assam—Mem ber— Ex-Officio. (iv) One mem ber from each Plains Distri ct, one “ member from each Hills District to which the provision of this Act is exte nded and one wom an mem ber to be elected by the State Board from amongst its mem bers. (v) The Secretary of the State Board, Assam—Secre tary'—Ex- Off ici o. - - -v J (2) Th e Execu tive Comm itte e shall exercise such powers an d perfo rm such duties as m ay be dele gate d to it by the S tat e Board. The Com mittee shall mee t as and when occasion arises bu t n ot less than four times a y ear. Responiib i* 1 5 . Notwithst anding a nything con tain ed in this lity of th e Act, the respo nsibility of pro per adm inistration, an d Stat e G o* supervisio n o f elem entary education an d of arrange* ver nm ent . m e n t s o f inspection and o f pro per tra ining o f teach ers shall lie with the State Governm ent. Th e Sta t Gov ernm ent shall also dete rmine the cur riculu m and duration , standard and syllabus of the course of in stru ctio n to be imparted in an elem entary school.. Po we rs and 16. Th e] Secretary of the State Board shall be duties of the the Pri ncipa l A dminis trative Officer of the Board and Secretary . shall exercise such powers and perfo rm such duties as may be req uir ed for carrying out the purposes of this Act. He shall also perform such oth er duties and exercise such oth er powers as may be prescribe d, provide d the S ecretary shall be subject to control of the Exec utive Com mit tee i n respect of such matters as m ay be dele gate d to the Executive Com mittee by the State Board under section 14\2) of this Act. X 9 10 The Jo in t I7 t Th e Jo in t Secretary of the Sta te Board ' their^ower have the following powers an d fun ctions, » w an d func* na mely: *loas< . (a) to inspect and supervise the offices of the Secretaries of the Regio nal Board constitu- 0 1 ted under section 18(1) under his jur isd iction ; (b) to ensure pro per observance by the Regiona l Boards of the rules and regulation s and directions of th e State Gov ern ment ; (c) to ensure p roper observance by the Regional Boards of the rules and regulations and direct ion s of the State Board ; (d) to hear appeals aga inst the decisions of the Secretary of the Reg ional Board wit hin his jurisdiction in the ma nner prescribed ; (e) to take disc ipli nary actions against such employees of the State Board and in such matter s as m ay be prescribed ; (f) to transfer employees of the Sta te Board within his jur isd iction as prescribed. CHA PTER IH R egional Reg iona l Board for El em en tary Ed uc ati on Board. 18. (1) A R egio nal Boa rd shall be constitu ted by the Sta te Governme nt fo r eleme ntary e duc atio n for each Dep uty Inspecto r of Schools’ circle for performing the functions as provide d in sectio n 19 of this Act. (2) Th e Reg ional Board shall consist of the following members— (a) one Ch air ma n to be nominat ed by Govern men t ; (b) the Depu ty I nspector of Schools shall be ex- of fic io Secretary ; » K - 11T t, » (c) the Add itional Deputy Inspec tor of Schools -> * or wh ere there is no such officer, the senior- most Sub-Insp ector of Schools will be the ex-o ffici o Jo int Secretary ; (d) all memb ers of the Assam Legislative c * Assembly repre senting the area s within the juris diction of the Regional Board concerned or the ir nominees to be notified in the ma nner pres crib ed : Prov ided th at such a nom ina tion once ma de by a mem ber of the Assam Legislative Assembly or notified shall be irrevocable d uri ng the ten ure of his member ship o f the Board ; Provide d fur the r tha t if a mem ber of the Assam a Legislative Assembly ceases to be a member of the Assembly, his nom inee shall also cease to be a member of the Reg ional Board ; ♦ (e) two repr esen tativ es, o f, the Ma hku- ma Parishad oth er than the mem bers of the Assam Legislative Assembly repr esentin g the areas within the jurisd iction of the Reg ional Board to be electe d by the Ma hku ma Parisha d concern ed; (f) persons not exceeding four to be nomi- , nated by the State Governm ent to ' represent such interests as deemed necesary by th e Sta te Go ve rnmen t; (gl one pers on is to be nom inated by the Sta te Governm ent from amongst the memb ers of the Mu nicipal Board an d the Town Com mitte es within the jurisd iction of the Reg ional Board s. (3) The ten ure of the Regional Board shall be four years: Provide d that the Sta te Governm ent may a t any time remove any mem ber and dissolve and reconsti tute the Regiona l Board, if circumstances so de man d: Pro vided fur the r th at the Sta te Governme nt may extend the terms of a Reg ional Board no t exceeding one year under special circu mstances: Pro vided f urther th at no such m ember shall be so removed unless he has previously been given a reason able opportu nity of showing cause why he shou ld not be so rem oved. 12 9 (4) (a) Th e Reg ional Board for elem entary edu- „ cation may by resolutio n delegate any of its powers K to the Sec reta ry or any m ember or mem bers of the Board. ' » (b) Th e Secre tary shall be the principal adm i nistrative officer of the Reg ional Board an d subject ' w to th e control of the Chairma n shall exercise all powers an d functions relatin g to day-to-day administration. (c) Th e Secretary of the Reg ional Board shall pass the Tra vel ling Allowances bills of the mem bers of the Reg iona l Board. (5) No perso n shall be entitle d to con tinu e as a member of a Regiona l Board under clause s (d) , (e) and ( g) of sub-section (2 1 of this sectio n if he ceases to be a mem ber of the Assam Legislative Assembly, Ma hku ma Parishad and Mu nici pali ty, Town Com mittee as the case m ay be. (6) If a Ma hkum a Parishad fails to elect the mem bers wit hin the prescribe d time fixed by the State Governm ent, the Sta te Gov ern ment shall appoint any such representatives. (7) No person elected, nom inated or app oin ted by virt ue of his office under this section shall continue as a mem ber in the Regiona l Board, if he ceases to hold office, \ 19. Th e Reg ional Board shall act accord ing to the regulation mad e by the State Board and shall have the following fun ctions:— (a) to establish and to take over Elementary Schools subje ct to financial allotm ent made by the Sta te Board ; (b) to expan d, re-distribute and ama lgam ate existing Elem entary Schools as and when necessary an d also to grant permission for open ing new Elem entary Schools ; (e) to app oint, trans fer, discharge, dismiss or punish teachers and Gra de IV employees according to rules and proced ure prov ided by the Sta te Boa rd , (d) to sanction non-rec urring grants for build ings and o the r purposes from the provisions allo tted by the Sta te Board ; (e) to pre par e and subm it th e ann ual budget for different purposes to the Sta te Board by the mo nth o f Ju ne every year; * 13 t o w (f ) to submit an annual report to the State Board by the month o f Ju ly every yea r ; • t- (g) to raise funds for the ‘Elem entary E ducation Fu nd ’ thro ugh donations an d subsc rip tions; (h) to select teachers for deputation to tra ining for Basic Train ing Cen tres according to sanctio n ; (i) to gr an t such advances to the Board Em ployees as may be prescribed ; (j) to constitute Comm ittee or Com mittees for carr ying o ut the functions assigned to it. CHAPTER IV Elementary Education Fund Ele mentary 20. (1) A fund hereinafter called th e Elemen* Education t^r y Edu cation Fund shall be created a nd ma intain ed UB '* by the State Board. Th e following shall form pa rt of and be paid into the Elemen tary Edu cation Fu nd :— (il All sums of money th at may be in the A ss am A ct Elementar y Educa tion Fund, con stituted x x x o f under section I7 of the Assam Elementary Education Act, 1962, on th e da te on which this Act comes int o force; (ii) Such gra nts as may be made by the State ' Governmen t to the State Board for the purpose of Elementary Education ; (iii) incom e derived from any endo wment or pro perty owne d or m ana ged by Sta te Board for the purposes of this A ct; and (iv) money th at may be received by the Sta te Board by way of subscription, don atio n, etc., eith er directly or thro ugh Regional Board. o 14 Application of the fund. 21. Except as otherwise provide d in this Act, the Elemen tary Educa tion Fund shall be app lied f or :— (i) in pay ment of grants to the Regional Board s and to the Distri ct Councils as the case may be, for the purpose of Elementa ry Ed ucation ; (ii) pay ment o f gran ts to’ a school au tho rity on specific projects a nd schemes on Elem entar y Edu cation ; Exp lana tion —“School au thority ” means the M an ag ing Com mittee the He ad of the Institu tion or the proprietor, as the . case may be ; (iii) pay me nt of salaries of the employees of the State Boa rd, and Regional Boards and thei r office expenses > 9 As (iv) pay me nt of such provident funds in respect of the Sta te Board and as may be prescribe d ; con trib utions to the of the employees Regional Boards r (v) pay me nt of such trav ellin g and other allo wances to members and employees of the State Board as may be prescribe d ; (vi) pay ment of any other sums which the State Board is legally liable to pay, or of any othe r liab ility as may be prescribed ; and Ad mi nis tra tion o f the fund. (vii) pay ment [of legal expenses. 22. (1) Th e fund shall be adm inistered by the Secretary of the S tate Board an d the accoun ts shall be opera ted by h im. (2) Th e Sta te Board may constitute a Finan ce Com mittee with thre e m embe rs incl uding the Secre tar y of th e Sta te Board who shall be the Secretary of the Com mittee to advise the Executive Comm ittee in such manner as may be laid down by the Sta te Board. ReceipFa nd expenditure 23. (1) All moneys received for the purp ose of the E lem entary Educa tion Fund shall f orth wit h be pai d into the acc ount ope ned in the Gov ern ment trea sury or in a Bank appro ved by the State Governm ent. (2) 3\o expenditure shall be incurred from the Elementary Educa tion f und except for the purposes of this Act a nd unless such expenditure has been provided for in the budget for the Sta te [Board approved by the State Governm ent., 15 Budgetj 24. (1) On rec eipt of the estim ates from the Regional Boards an d the District Counc ils, or other wise, the S tate Board shall pre pare t he ann ual budget estim ates before the com men cement of the next finan- | „ cial yea r at such tim e and in such ma nn er as may be < 5 pres crib ed. (2) Suc h budget estimates shall include the pro bab le receipts and exp end itur e of the yea r con cerned on acc ount of elem entary education. (3) The Budget estima tes as a pprove d by the State Governmen t shall be treate d as the final budget of the St ate Board. (4) Th e Sta te Board shall be competen t to make f re-appro pri ation from one hea d to ano the r within the approve d budget. Accounts 25. Th e Sta te Board shall keep accounts of all and audit. r e ceipts and exp end itur e an d such accounts shall be audited by an audit or app oin ted by the State Gov ernmen t. CHA PTER V Local authorities’ power of mana gement of Elementary Schools Manag ement 26. As soon as this Act comes into force, the through localmanagement of elem enta ry schools shall, subject to authorities s u c h c onditions as m ay be pres crib ed, vest in the local ^u nc ihtr lC t autho rities of the area concerned : Provide d th at not hing in this section shall pre clude the rig ht of min orities whe ther based on relig ion or language or any priva te bod y from ma nag ing the ir own schools. _ 27. In the areas where the Assam Panch aya t Act, . . i tw^ irencya t"1959 is in ope rati on the Bieck Development Officer X XX V of ™ 5 ’ or, where there is no Block D evelopment Officer, such 1959, oth er officer as m ay b e specified by State Governmen t in this behalf, with the help of such officers of Educa tion De partm ent , as m ay be attach ed to him , shall ac t as a co-ordinating agency between the Gaon Pan cha yat s an d the Regiona l Board s. It shall be the duty of the co-ordinating agency to see th at th e provisions of this Act are observed in the schools ma int ain ed by th e Gaon Panchayats. — 16 « 9 o Po we rs of 28. Th e Dis trict Council for an auto nom ous v Councils ^st ri ct shall have the pow er to establish , constru ct or manage e lem ent ary schools in the au tono mou s dist rict ® p and, in partic ula r, to prescribe the language and the ma nner in w hich e lem entary educ ation shall be im- S parte d in the e lem enta ry schools in the dist rict subject & " to such conditions as may be prescribe d wit h the consent of the District Cou ncil o r Councils conce rned. Control of 29. Th e Sta te Governme nt may on th e advice of State Govern-the Sta te Board or otherwise rescind in pa rt or in local1 auth o. whole any resolutio n, ord er or decision of a local rit ies. autho rity and m ay also p roh ibit the doing of any act in pursuan ce of such reso lutio n, order or decision whenever in the o pinion of the Sta te Gov ern ment, such resolution, ord er, d ecision o r act is in excess or abuse of the powers conferred upon the local autho rity by th is Act, o r by any rules fram ed thereu nder. CHA PTER VI Fund for State Board and District Council and Regional Board Application 30 . (1) Th e Sta te Governme nt shall place such of Fund, amounts as may be necessary at the disposal of the State Board and Dis tric t Councils for the m ana gem ent and mainte nance of elem enta ry schools vested in them . (2) In autonom ous districts the am ou nt so receiv ed shall be deposited in the Fund of the District Cou ncil un de r a separate head ‘Ele me nta ry Edu cation’ anri the am ou nt shall be app lied for the purposes enum era ted in section 32. (3) Th e Secretary of the State Board shall deposit the am ount received under sub-section (1) in a Govern ment treasury or Post Office Savings Bank an d apply the same in th e ma nn er prescribed. 31. (1) A fund her einafte r called the Region al Board Fu nd shall be created and mainta ined by each Regional Board an d the following shall form pa rt o f the said fund name ly:— (i) grants or allotmen ts, as the case may be, mad e by the St ate Board for the purpose of elem entary educ ation ; * 17 * « w e (ii) fees an d fines realised under the provision of this Act ; (iii) all oth er sums o f money th at ma y be realised by th e autho rity concern ed by or under this Act. (2) Th e Secretary of the Reg ional Board shall dep osit the am ou nt received un de r sub-section (1) in a Governm ent trea sury or State Bank of Ind ia or Post Office Savings Bank and app ly the same in the ma nner prescribed. Application 32. Subject to oth er provisions of this Act, of the Re - the Regiona l Board fund shall be app lied for the BoardFund.f o l l o w i nS purposes, na me ly:— » (i) (a) pay ment of salaries of the establishment ma intain ed by the Regiona l Board con cern ed on account of elem enary education * * ■ as may be prescribed ; (b) pay me nt of salaries of teachers and other employees of the elem entary schools ; (c) pay ment of such salary or honoraria as may be prescribe d to the attendance au thority ; (ii) pay men t of such contributio ns to the provident funds in respect of the em ployees men tioned in clause (i) as may be prescribed j (iii) pay ment of any stipe nd or scholarship to students in accorda nce with Rules and * Ord ers of the Educa tion Depar tment ; (iv) pay ment of such sums of money as may be found necessary for cons truction, r extension, improve men t and main tenance o f school build ings and for provision of midday meal, pla y ground , furniture and eq ui pm en t;V (v) pay ment of tra velling and oth er allowances to the officers and establish ment of the local authorities conc erne d, as ma y be prescribe d j (vi) pay men t of any oth er sum which the Regional Board conc erne d is legally liable to pay or of any oth er liability as may be prescribe d; « 18 a (vii) pay men t of any legal expense s; (viii) pay men t or maintena nce grant of financial assistance to elem entary schools man aged by authoiitie s oth er tha n those set up und er the Act includin g any linguistic mino rity group or a priv ate body ; < 1 (xi) paym ent of mainte nance gr an t or financial assistance to elem entary schools man aged by oth er local authorities within the .ju ris diction of t he Regional Board con cerned . Ac co un t!* 33. (1) Each Regional Board, Dis tric t Counc il and other local author ity shall ma int ain sepa rate acco unts o f income and e xpe nditure r ela ting to elemen tary educatio n within its respective jurisdiction in the ma nner prescribed. (2) Th e accounts so ma intain ed by the Reg ional Boards, Dis trict Councils and oth er local auth orities shall be ope n to inspe ction by such officer as may be dep ute d by the State Government and the State Board for the purpose. Audit. 34. Th e accounts of the Regiona l Boards, the Distric t Councils an d oth er local au th or i ties relating to elem entary edu cation shall be exam ined and aud ited a t least once in eac h year by an audit or appoint ed by the Sta te Governm ent. CHAPTER VII Properties of the Elementary Education Board 35. As soon as this Act comes into force Absorption (1) all money deposited in the hand s of and held A ct XXX of proper# by the State Board for Elemen tary Edu cation constitu - 19 62‘ res, etc. under section 3 of the Assam Elementary Ed uca tion Act, 1962 on the date on whic h the Sta te Board established under this Act takes cha rge of office, shall be tran sferred to and b e held by the State Board ; S ’ 19 (2 ) all teachers an d oth er employees of Elem en- tar y Schools ma intain ed by the Gover nment or by the ■ * „ Sta te Board for Elementary Educa tion con stituted * under the Assam Elem entary Edu cation Act, 1962 Assam Ac t sha ll be take n over bv the State Board. X X X of 1962. * ■ (3) all teach ers and oth er employees of schools , taken over by the S tate Board un de r sub-section (21 shall be deemed to be employees of the Regional Board conc erne d w ithin whose jurisd iction they are in ser vic e: Provided th at the to tal emolument of these em ployees at th e time they are taken over shall be pro tect ed and t heir existing seniority shall be ma int ain ed; (4) all oth er employees of the State Board for Ele mentary Education con stituted un de r section 3 of the Assam Eleme ntar y Education Act, 1962 including A c t the employees of the said office o f the State Board for XXX of Elementary Edu cation sh all be take n over by the State 1962. Board : Provided th at the total e molume nt of these employ ees a t the time they are take n o ver shall be protected and the ir existing seniority sha ll be ma inta ined; (5) all pr opertie s of the State Board for E lementa ry Edu cation c onstituted under se ction 3 of the Assam Ele menta ry Edu cation Act, 1962 shall vest in the Sta te Boa rd an d be utilised for such purposes as m ay be in consonanc e with the provisio ns of this A c t; (6) all building s an d lan d ap pu rte nant the reto of any school under the ma nageme nt of the S tate Board wit hin the juri sdic tion of the Reg ional Board shall vest in and be held by the Regional Board concerned ; (7) all residuary properties held before the comm encement o f this Ac t by any autho rity co nstitut ed un de r the Assam Elementary Ed ucation Act, 1962 xx X of * an d not transferred to a local au tho rity or to the 1 9 6 2 . State Governm ent under the p rovision of this Act, shall vest in and be held by the S tate Board. Sta te Go - 36. Any disp ute arising out o f provision of section ve rn m en t’s 35 in respect of tran sfer and ownership of any pro powe r to perty or any m atter per tainin g to the aforesaid provi- settle dis - s j o n spa ]i p e r e fe r r e d by the aggrieved party to the p u es ' Sta te Governm ent whose decision in this beh alf shall be final an d binding on all conce rned. 20 < 3 > CHAPTER VHI a Recognition of Elementary Schools and their affairs Classes of scho ols to be recognis ed as ele m en tal ry schools . 37. The following classes of schools shall be deem ed to be recognised as elem entary schools under this Act, nam ely :— (a) all Governm ent Mi ddle Verna cular Schools and Governmen t Senior Basic Schools incl udin g those th at receive grant- in-aid from Governm ent ; y f (b) all Middle Vernac ular Schools Senior Basic School an d Middle Madrassas under th e manag ement of any oth er autho rity or aut horities, tha t have been recognised by the St ate Govern me nt, to be responsible for ma intenance of such scho ols; (c) all schools und er the ma nageme nt of the Regional Boards ; (d) all Prim ary Schools an d Ju nior Basic Shcools m aintained or aid ed directly b y Governme nt or by a ny o ther duly c ons titu ted autho rity whic h is recognised by the State Gov ernm ent to be responsible for im partin g Ele mentary Ed uca tion. - Recog nition 3 8 . (1) Th e term s and cond itions of recognition an d gr an t- and o f gra nt- in- aid to new Elemen tary Schools shall in- aid to new jje a g j a j j down by the S tate Board from time to tim e: scho ols. ' Prov ided th at the State Go ver nment may direct the S tate Board to recognise any existing rule o r set of rules adop ted in any particular are a by a local author ity an d such direction from the Governmen t shall be bin ding on the Sta te Board. (2) Sub ject to the provision of sub-se ction (1), the Reg ional Board concerned shall on the reco mmendation of the De puty Inspec tor of Schools concerned, acco rd necessary recognition to such Elementary Schools as may fulfil the required conditions. Ap po int- 39. All existing teache rs and other employees of men t of the schools or those to be app oin ted in any Elemen tary tea ch ers . School recognised under this A ct, except in the case of the autonom ous distric ts, shall be deemed to have been employed by the Regional Board concerned. 21 Ap peal. 40 . (1) An app eal again st the orig inal decision of the Jo in t Sec reta ry of the State Board for Elem en- ■ . tary Edu cati on shall lie to the Secretary of the State Board : Provide d tha t the employees concerned shall have a right to prefer a second appeal to the State Governmen t against the decision of th e Secretary of the State Board passed under th is sub-section and the decision of the State Governmen t in this behalf shall be final. (2) An appeal against the decision of the Sec retary of the Sta te Board for Ele mentary Edu cation f by an employee of th e State Board shall lie to the Sta te Governm ent whose decision on this behalf shall be final. (3) An appea l against the decision of- the Regio nal Board by a person aggrieved includ ing a teache r or any oth er employee of the Elem entary Schools shall lie to the Executive Com mittee cons titute d under section 14 of the Act in the manner- prescribed. A second appeal shall lie to the State Governmen t whose decision in this behal f shall be final. (4) An app eal ag ainst the original decision of the State Board or of the Execu tive Comm ittee of the State Board shall lie to the Sta te Governm ent whose decision in this behalf shall be final. r (5) Notwith stan ding any thing con tain ed in sub sections (1) to (4) the State Government m ay at any tim e call for the records of any aut hority and pass necessary order s after examin atio n thereof. Th e order s passed by the State Governm ent shall be final in this behalf. (6) An appea l in each case shall be preferred with in 45 days from the date of ord er appeale d against. 22 O PA RT X I CHAP TER IX * Co mpu lso ry Ed uca tion Ex em ption 4 1 . (i) No fee shall be levied in respec t of any rom ees. c j,j]^ f o r att endin g a recognised school which is und er the manag em ent of the Regional Board . (2) Whe re in respect of any child an attendance ord er has been passed unde r sub-section (3) of section 48 and the only school which he can attend is a recognised school und er priv ate manag ement, the Re gional Board shall take such steps as it may thin k fit for the pu rpose of ensuring th at the edu cat ion which the child is to receive is free. Ed uc ati on1? 42. Th e State Governm ent may, by notification, declare th at elem enta ry education shall be com pul sory u pto cei tain age to be prescribed, in any area of the S tate as specified unde r the notificatio n. Du ty of 43. In an area of compulsion the guard ian of G uar dia n, every child, resi dent in such are a, shall subject to the provisions of section 44 b e bound to cause the child to att en d a recognised Ele men tary School in such area. Ex em pt ion. 4 4 . A guard ian may be exem pted from cau s ing a chil d to attend a recognised Elementary Scho ol if,— (i) the child is receiving edu cat ion otherw ise than in a recognised Ele mentary School to the satisfaction of th e attendance au tho rity; (ii) the child has alre ady completed the stand ard of elem entary education pre scribe d; (iii) the re is no recognised Elementary School within the dist ance of one mile from the residence of the c hild, or even if there is one when it is no t reas ona bly or conv eniently accessible from such residence; fiv) the child is prevented from attendin g school by sickness, infirmity o r any oth er men tal or physical defect accepted as sufficient grou nd by the attendance aut hority ; or (v) ther e is any oth er compelling circumstance which, in the opin ion of the attend anc e autho rity prevents th e child from attend ing a recognised Ele mentary Scho ol. ;— 23 i f Part li me 45 . (1) If the attendance aut hority is satisfied instruction. t pa t a c ju e t 0 economic or othe r circum stances connected wit h the family to which the child belongs, is una ble to a tte nd a n appro ved school in the m ann er req uir ed by o r under this Act, it may per mit t he child to attend any inst itut ion im partin g par t-time elem en tary edu cation. (2) A child receiving educ ation under sub-section (1), shall be deem ed to have fulfilled the requ irem ents of section 43 o f this Act. of d euhs' in ^ l e m a n n e r which a list of children in an enforcing area compulsion shall be caused to be pr epar ed, co mpu lsion , the manner of notifying the guard ians, the period and du rat ion of compulsory attend anc e of children in schools, shall be as prescribed. Du ty of the 47. In a n area of compulsion, it shall be the dut y d ti e sa U t "to e v e r y l °c al author ity to enlist the co-operation ol arrang e for die gu ardians in ensu ring the atte nda nce of children attendance, in schools. Atten dance 48. (1) Th e Secretary of the Regional Board aut hority , niay app oint the attend anc e authorities for the purpo se of enforcing a tten dan ce in schools. (2) Th e attend anc e auth orities shall have such powers, functions and duties as may be pres cribed. A (3) An attend anc e ord er on the gua rdian of a child shall be passed at such time and in such ma nner as may be pre scr ibe d. Restriction © n employ ment of a chi ld. 49. No guard ian or person shall utilis e the time or the services o f a child in conn ection with employ me nt of such a child, wh ether on rem une rati on or otherwise, in such a manner or a t such time o f the day as to interfere with reg ular attendanc e of the child in a school as r equ ired un de r this Act. Penalty. 50. Any g uar dia n who contravenes the provision ol section 43 or any gua rdian or person who con tra venes th e provisions of section 49 shall be punisha ble with fine n o
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