The Himachal Pradesh Compulsory Primary Education Act, 1997

THE HIMACHAL PRADESH COMPULSORY PRIMARY 
EDUCATION ACT, 1997 
ARRANGEMENT OF SECTIONS 
Sections: 
1. Short title and extant. 
2. Definitions. 
3. Compulsory primary education. 
4. Appointment of a school committee. 
5. Duty of parents to cause children to attend school 
6. Issue of attendance order by the school committee. 
7. Penalty for failure to obey attendance order. 
8. Penalty for employing child liable to attend primary school. 
9. Cognizance of offences. 
10. Provision of primary education by the State Government. 
11. Power of State Government to make rules. 
12. Repeal and savings. 
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THE HIMACHAL PRADESH COMPULSORY PRIMARY 
EDUCATION ACT, 1997 
(ACT NO. 2 OF 1998) 1 
(Received the assent of the Governor on 3-2-1998 an d was published 
both in Hindi and English in R.H.P. (Extra-ordinary ), dated 4.2.1998, p. 445-
448 -452 ).   
An Act to re-enact the law relating to the compulso ry attendance of 
children in primary schools in Himachal Pradesh. 
BE  it enacted by the Legislative Assembly of Himachal Pradesh in the 
Forty-eighth Year of the Republic of India as follows :- 
1. Short title and extent.-  (1) This Act may be called the Himachal 
Pradesh Compulsory Primary Education Act, 1997. 
(2) It extends to the whole of the State of Himachal Pradesh. 
2. Definitions.- In this Act, unless there is anything repugnant in the 
subject or context,- 
(a) "appointed day" means the 1 st  day of April, 1998; 
                                                 
1. Passed in Hindi by the Himachal Pradesh Vidhan S abha. For Statement of 
Objects and Reasons see R.H.P. (Extra-ordinary), da ted 12.12.1997, pages 4711 
and 4716. 
H. P.COMPULSORY PRIMARY EDUCATION ACT, 1997  2 
(b) "child" means child whose age is not less than six, and not more 
than eleven years ; 
(c) "Government school" means a school established and 
maintained by the State Government; 
(d) "local authority" means a Gram Panchayat, Panch ayat Samiti, 
Zila Parishad, Nagar Panchayat, Municipal Council o r 
Municipal Corporation ; 
(e) "parent" includes guardian or any person who ha s the actual 
custody or is in charge of a child ; 
(f) "primary education" means such instruction in r eading, writing 
and arithmetic, as may be prescribed for the time b eing at the 
primary school level by the State Government and su ch 
instruction in other subjects, if any, as may be de termined by 
the State Government or the local authority with the approval of 
the prescribed authority ; 
(g) "primary school" means a school in which instru ction in 
primary education is given ; 
(h) "prescribed" means prescribed by rules made und er this Act  
(i) "prescribed authority" means an authority notif ied as such by 
the State Government whether generally or for a par ticular 
purpose; 
(j) "school committee" means a committee appointed under the 
provisions of section 4 of this Act ; 
(k) "State Government" means the Government of Hima chal 
Pradesh; and 
(l) "to attend a primary school" means to be presen t for instruction 
at such school, on such days in the year, at such t imes or time 
and for so many hours on each day of attendance, as  may be, 
fixed by the prescribed authorities. 
3. Compulsory primary education.- From the appointed day the 
primary education of children shall be compulsory in the State. 
4. Appointment of a school committee.- (1) The prescribed authority 
shall appoint one or more committees for the purpose of exercising the powers 
and performing the duties of the school committee under this Act. 
(2) The composition of the school committee, the pr ocedure of 
nomination and removal of its members, their term o f office, their 
qualifications and disqualifications for continuing  as members, the filling of 
vacancies, the dissolution of the school committee and the procedure for the 
conduct of its business, shall be such as may be prescribed. 
(3) Subject to the provisions of this Act and the r ules made 
thereunder, the school committee shall exercise and  discharge the following 
powers and functions, namely:- 
                         H. P.COMPULSORY PRIMARY EDUCATION ACT, 1997 3 
 
 
(a) to propagate the spread of primary education am ong the 
children and parents in its area ; 
(b) to recommend any changes which may seem to the school 
committee to be necessary in the hours of work, hol idays and 
vacations in the schools in its area ; 
(c) to make arrangements to provide such facilities  and to supervise 
the implementation of such schemes including mid-da y meal 
scheme, as  may be prescribed to the children atten ding schools 
in its area; 
(d) to recommend exemptions from compulsory attenda nce at 
school under this Act; 
(e)  to maintain an up-to-date list of children lia ble to attend school 
in its area and to obtain and keep record of such o ther 
information as may be necessary for the purpose of enforcing 
the attendance  of children at school and of preven ting 
interference with such attendance. 
(f) to report the cases of absence or late attendan ce of primary 
school teachers and non-teaching staff posted in sc hools in its 
area ; and 
(g) to render all necessary help to Government offi cials engaged in 
the work of compulsory primary education in its area. 
5. Duty of parents to cause children to attend scho ol.-  The parents 
of every child shall, if such child ordinarily resides in the State, in the absence 
of a reasonable excuse, cause such child to attend primary school. 
6. Issue of attendance order by the school committe e.- Where the 
school committee is satisfied that a parent who is bound under the provisions 
of section 5 to cause the child to attend a primary  school has failed to do so, 
the school committee may, after giving the parent a n opportunity of being 
heard, and after such inquiry as it considers neces sary, pass an order directing 
the parent to cause child to attend a primary school from a date which shall be 
specified in the order. 
7. Penalty for failure to obey attendance order.- (1)  Any parent 
against whom an order has been passed under section  6 and who, without 
reasonable excuse has failed to obey such order, sh all on conviction before a 
Magistrate or a Gram Panchayat, be liable to a fine  not exceeding two 
hundred rupees. 
(2) Any parent who having been convicted for an off ence under sub-
section (1) continues to disobey the order passed u nder section 6 shall be 
liable to further fine which may extend to five rup ees, for every day after the 
date of the first conviction during which he has be en proved to have persisted 
in disobeying the order. 
8. Penalty for employing child liable to attend pri mary school. 
Any person who shall, during the prescribed hours o f attendance at school, 
H. P.COMPULSORY PRIMARY EDUCATION ACT, 1997  4 
utilize on his own behalf or on behalf of any other  person, in connection with 
any employment, whether for remuneration or not, th e services of any child 
whose parent is required under the Act to cause him  to attend a primary 
school, shall, on conviction before a Magistrate or a Gram Panchayat be liable 
to a fine not exceeding rupees five hundred. 
9. Cognizance of offences.- No court shall take cognizance of an 
offence under section 7 or section 8 except on the complaint of or on 
information received from the school committee, or from such person as may 
be authorised by the school committee or by the Sta te Government by general 
or special order in this behalf. 
10. Provision of primary education by the State Government.- The 
State Government shall make facilities for primary education available in the 
State. 
11. Power of State Government to make rules.-  (1) The State 
Government may, after previous publication, make ru les for the purpose of 
this Act. 
(2) In particular and without prejudice to the gene rality of the powers 
conferred by sub-section (1), the State Government may make rules,- 
(a) prescribing under clause (f) of section 2 the r ange of instruction 
in primary schools ; 
(b) determining generally what shall be considered to be adequate 
provision for compulsory primary education ; 
(c) requiring the local authority to prepare and pu blish a register of 
children in its area ; 
(d) the manner in which the committees shall be con stituted, the 
procedure of nomination and removal of its members and their 
qualification and disqualification, duties, power a nd 
responsibility; 
(e) the steps which the school committee may take t o secure 
attendance of children at school and the conditions under which 
leave of absence from school may be allowed ; 
(f) the jurisdiction of each  school committee wher e more than one 
school committees are appointed ; 
(g) the relations to be observed between the school  committees and 
any education committee of any local authority that  may have 
been appointed under any other Act; and 
(h) the matters which are to be and may be prescrib ed. 
(3)  Every rule made under this Act, shall as soon as possible, after 
it is made or issued, be laid on the Table of the L egislative 
Assembly and if, before the expiry of the session i n which it is 
so laid or the next session, the Assembly makes any  
modification in any such rule or notification or th e Assembly 
                         H. P.COMPULSORY PRIMARY EDUCATION ACT, 1997 5 
 
 
decides that rule should not be made, the rule shal l thereafter 
have effect only in such modified form or be of no effect, as the 
case may be, so, however, that any such modificatio n or 
annulment shall be without prejudice to the validity of anything 
previously done or omitted to be done under that rule. 
12. Repeal and savings.- (1) The Himachal Pradesh Compulsory 
Primary Education Act, 1953 (7 of 1954) is hereby repealed. 
(2) Notwithstanding such repeal, anything done or a ny action taken 
under the Act so repealed shall be deemed to have b een done or taken under 
the corresponding provisions of this Act, as if, th is Act was in force on such 
date on which such thing was done or action was taken.    
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