The Meghalaya (Taking over of the District Council Lower Primary Schools) Act No.6, 1994

MEGHALAYA ACT 6 OF 1994 
THE MEGHALAYA (TAKING OVER OF DISTRICT COUNCIL LOWER 
PRIMARY SCHOOLS) ACT, 1993 
(As passed by the Meghalaya Legislative Assembly) 
(Received the Assent of the Government on the 2nd May, 1994) 
(Published in the Gazette of Meghalaya, Extraordinary, issue dated 2nd June, 1994) 
An 
Act 
to provide for the taking over of Primary Schools of the District Councils in Meghalaya by 
the State Government and for matters connected therewith 
Be it enacted by the Legislature of the State of Meghalaya in the Forty-fourth Year of the 
Republic of India as follows:- 
Short title and 
commencement 
1. (a) This Act may be called the Meghalaya (Taking over of 
District Council Lower Primary Schools) Act, 1993 
 
(b) 1“It shall come into force with effect from 2nd June,1994
 
” 
Definitions 2. In this Act, unless there is anything repugnant to the context:- 
 
(a) “Act” means the Meghalaya (Taking over of District  Council 
Lower Primary Schools) Act 1993. 
 
(b) “appointed day” means the date appointed by the State  
Government under sub-section (2) of section 1; 
 
(c) “autonomous district” means the autonomous district, as  the 
case may be of Khasi Hills, Garo Hills or Jaintia Hills; 
 
(d) “cut-off-date” means the cut-off date referred to in section 4; 
 
(e) 
2“DCLP” school means any Primary School including a 
Junior Basic School managed by the District Council  but 
excluding the Pre-Primary Section
 
 
”; 
 
 
                                                           
1Substituted by Act No.15 of 2018, Section 2, Earlier the words read as “ It shall come into force on such dates as the State 
Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different autonomous 
district.” 
2Substituted by Act No.14 of 2018, Section 2 , Earlier the words read as “DCLP School” means any Lower Primary School 
including a Junior Basic School managed by the District Council: 
  (f) “District Council” means a District Council in the State  of 
Meghalaya constituted under the Sixth Schedule to the 
Constitution; 
 
(g) “section” means a section of the Act; 
 
(h) “State Government” means the Government of the State 
of Meghalaya; and 
 
(i) “taking over” means the taking over of DCLP Schools 
by the State Government as referred to in section 3; 
Taking over of 
DCLP School 
3. (1) On and from the appointed  day all DCLP Schools in the  
autonomous districts shall stand taken over by and vest  in the 
State Government. 
 
(2) On the taking -over of the schools under sub- section (1)  the 
liability on account of- 
 
(a) Salary and allowances, including any arrear thereof,  of a 
teacher who immediately before the twentieth  day of 
December, 1993 is a teacher of such school  shall pass on 
the State Government; and 
 
(b) Gratuity and pensionery benefits of a DCLP school  
teacher, including any arrear thereof, for any period  
commencing from the cut-date shall be borne by the State 
Government. 
 
(3) The provisions of clauses (a) and (b) of sub- section (2) shall 
also apply to DCLP school teacher who is deputed or 
transferred by the State Government to serve in a school not 
being a DCLP school. 
 
Cut-off-date 4. For calculating the length of service of a DLCP school teacher for 
the purpose of gratuity, pension, retirement benefits and for the 
purposes of this Act the State Government may by order fix a cut-
off date which shall not be date later tha n the twentieth day of 
December, 1993 and different cut -off dates may be fixed for 
different autonomous districts. 
 
 
 
 
 
 
Conditions of 
service of the 
teachers. 
5. Notwithstanding anything contained in any act or rules for  the 
time being in force the State  Government may, by notification in 
the Official Gazette, make rules to provide for the conditions of 
service of the teachers referred to in sub -sections (2) and (3) of 
section 3 and of such teachers who had at any time between the 
cut-off date and the app ointed day retired or otherwise ceased to 
be in service otherwise than by resignation, dismissal or removal 
and such rules may provide for- 
 
(a) Leave and the grant of leave; 
(b) Pay structure and the formula for fixation of pay,  gratuity 
and pension. 
(c) Criteria for fixing the seniority interest; 
(d) Age of retirement; and 
(e) Any other matter relating and the conditions of  service of 
the teachers. 
 
Managing 
Committee 
6. (1) A managing committee consisting of not more than ten 
members may be constituted by a village authority or durbar 
and such a managing committee shall require approval of the 
State Government and, unless so approved, shall not be 
deemed to have been validity constituted. 
 
(2) The State Government may nominate two of its officer  to be 
ex-officio members of a managing committee  referred to in 
sub-section (1). 
 
(3) In case a managing committee is not constituted as  referred to 
in sub-section (1) the State Government shall  constituted such 
a committee with members as it may deem fit to nominate. 
 
(4) Notwithstanding anything contained in this section the  State 
Government may, in the interest of the school at  any time 
dissolve and reconstitute or direct that a  managing committee 
be reconstituted. 
 
(5) The State Government may from time to time give  directions 
to a managing  committee for managing the  affairs of the 
school and the committee shall comply with such directions. 
 
(6) Subject to the provisions of sub- section (5) the  properties, 
moveable and immovable, and other assets  of a school so 
taken-over shall be managed and administered by the 
managing committee of the school. 
 
 
  (7) The State Government may delegate all or any of the  powers 
under sub-sections (2), (3), (4) and (5) to an officer not below 
the rank of a Deputy Inspector of schools. 
 
Act not to apply to 
minority and 
private schools 
7. For the removal of doubt, nothing in this Act shall apply to a 
minority school or a private school. 
 
Provided that nothing in this section shall be  construed as barring 
the enforcement in such schools of the rules, regulations or orders 
relating to the payment of  salaries of the teachers and their 
educational qualifications,  the maintenance of discipline and 
standard of education and observance of the conditions relating to 
grants as may be made by the State Government. 
 
       Explanation- In this section ) 
 
(i) ‘minority school’ means a lower primary school  established 
and managed by minorities whether  religious or linguistic; 
and 
 
(ii) ‘private school’ means a lower primary school  which is 
established and managed by a private individual or individuals 
or a body of them or by a  village authority by whatever name 
called. 
 
Power to make 
rules 
8. Notwithstanding anything contained in section 5 the State  
Government may, by notification in Official Gazette, make  rules 
for generally carrying out the purposes of this Act. 
 
 
 
 
 
 
 
 
 
THE UNDERLINED TEXT INDICATES THE INSERTION /SUBSTITUTION OF THE SUBSEQUENT 
AMENDMENTS TO THE MEGHALAYA (TAKING OVER OF DISTRICT COUNCIL LOWER  
PRIMARY SCHOOLS) ACT, 1993  (ACT NO. 6 OF 1994 ), AMENDED AND UPDATED UPTO THE 
YEAR - ACT 14 & 15 OF 2018. 

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