The ODISHA BASIC EDUCATION ACT, 1951

Orissa Act No. XVIII of 1951
*THE ORISSA BASIC EDUCATION
ACT, 1951
[Received the assent of the Governor on the 10th May 1951, first published in an
extraordinary issue of the Orissa Gazette, dated the 19th May 1951]
AN ACT TO PROVIDE FOR MAKING BETTER PROVISION FOR BASIC
EDUCATION IN THE STATE OF ORISSA
WHEREAS it is expedient to make better provision for basic education in
the State of Orissa in the manner hereinafter appearing ;
It is hereby enacted as follows :—
1. Short title, extent and commencement:- (1) This Act may be celled
the Orissa Basic Education Act, 1951.
(2) It extends to the whole of the State of Orissa.
1[(3) This section and section 16-A shall come into force at once and the
remaining provisions of this Act shall come into force in such area or areas on
such date or dates as the State Government may, by notification, direct.]
2. Definations:- In this Act unless there is anything repugnant in the
subject or context-
(i) to “attend” a recognised basic school means to be present for instruction
at such school for so many and such days in the year at such time or times on
each day of attendance as may be prescribed by the educational authority or the
Orissa Board of Basic Education, as the case may be ;
(ii) “basic education” means such a system of all-sided education to be
imparted through a, productive craft in the local environment in which pupils live
with a view to making it self-supporting  and inculcating a true sense of dignity of
labour, as shall be recognised by the State Government from time to time ;
(iii) "child" means a boy or girl who is not less than six and not more than
ten years of age to whom the primary education or the basic education, as the
case may be, shall be imparted and includes in a local area specially notified by
* Published in Orissa Gazette Extraordinary No.  dated 19.05.1951
1. Substituted vide Orissa Act 8 of 1955
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. Date : 19th May 1951
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the State Government for the purpose of basic education, a boy who is not less
then six and not more than fourteen years of age ;
(iv) “parent" includes a guardian and any person who is liable to maintain
or has the actual custody of a child ;
(v) "prescribed” means prescribed by rules made by the State Government
under this Act ;
(vi) "primary education” means such instruction as is for the time being
given in the State of Orissa ;
(vii) “recognised primary school" means a school in which primary education
is given end which is for the time being recognised by the prescribed educational
authority ;
(viii) "recognised basic school” means a school in which basic education
is given and which is recognised as such by the Orissa Board of Basic Education
constituted under section 3 or by an officer of the Education Department of the
Government of Orissa not being below the rank of a District Inspector of Schools
duly authorised by the said Board in this behalf ;
(ix) “school committee" means a committee constituted under section 5
of this Act.
3. Constitution of the Orissa Board of Basic Educaation:- (1) The
State Government may, by a notification constitute a Board to be known as the
Orissa Board of Basic Education to exercise the powers conferred by this Act
and the rules made there under and may in the like manner vary the constitution
of the said Board.
(2) The Orissa Board of Basic Education when constituted shall be deemed
to be e Local authority for the purpose of the Orissa Local Fund Audit Act, 1948.
(Orisa Act V of 1948)
4. Issue of notification declaring basic or primary education of
children compulsory:- (1) The State Government may, by notification, declare
that from the date specified in the said notification the basic or primary education
of children ordinarily residing in any local area within the jurisdiction of District
Board, Municipality or a Grams Panchayat (hereinafter referred to as the Local
authority) constituted under the laws for the time being in force, or in any portion
of such local area or at any other place in the State outside the jurisdiction of the
Local authority, shall be compulsory. Such local area or portion of a local area or
place shall he notified by the State Government from time to time.
(2) No such notification shall be issued by the State Government-
(a) unless the State Government are satisfied that the Local authority
concerned has so determined by resolution passed at a general
meeting specially convened in this behalf and such resolution
has been supported by at least two-thirds of the members present
at the said meeting ;
(b) unless the Local authority concerned has satisfied the S tate
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Government that it is in a position to make adequate provision
for funds in respect of schools maintiained or aided by it for
compulsnry basic or primary education;
(c) unless in a local area, portion of an area or place there are
recognised primary schools with adequate staff.
(3) Every notification under sub-section (1) shall be published in the Gazette
and a copy thereof shall be posted at the office of the Local authority and at such
other places and in such manner as the State Government may direct.
(4) On and from the date the State Government have declared bya notification
under sub-section (1) that the basic or primary education shall be compulsory in
any local area within the jurisdiction of my Local authority such Local authority
shall be deemed to constitute a basic or primary educational authority for out the
purpose of the Act;
Provided that the State Government may in any case if they think fit direct
that the Orissa Board of Basic Education shall exercise the functions of a. basic
educational authority for any arm in respect of which a declaration has been
mode under sub-section (1).
5. Appoinment of school committee:- Where notification under section
4 has been issued in respect of any area the Local authority shall appoint a
school committee for the said area for a portion of the said area in accordance
with the rules made under this Act.
6. The duty of parent to cause children to attend school:- Where a
notification under section 4 is in force in any area the parent of every child shall,
in absence of reasonable excuse as hereinafter provided, and if such child ordinarily
resides in such area, cause such child to attend a recognised basic or primary
school as the case may be, in such area.
7. Meaning of reasonable excuse:-  A parent shall be deemed to have
a reasonable excuse within the meaning of section 6 for failure to cause a child
to attend a recognised basic or primary sohool in any of the following cases:-
(a) where the child is prevented from attending school on account of
sickness, infirmity, domestic necessity, the seasonal needs of
agriculture or other sufficient case ;
(b) where the child is receiving, otherwise than in a recognised basic
or primary school, instruction which in the opinion of the school
committee is sufficient or has already completed his basic or
primary education ;
(c) where there is no recognised basic or primary school within a
distance of one mile by the shorter route from the residence of
the child :
Provided that in the case of any specified area the State Government may,
by notification, vary the distance herein before specified for  such period as they
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may think fit :
Provided further that a parent shall not be compelled to cause a child to
attend a recognised basin or primary school at which attendance at religious
instructions in a faith other than that to which the child belongs, is compulsory.
8. Issue a attendance order by Magistrate:-  (a) Where the school
committee is satisfied that a parent being bound under the provisions of section
6 ot cause a child to attend, a recognised basic or primary school has, after due
warning by or at the instance of the school committee failed to do so, the school
committee may apply to the nearest Magistrate for an order directing such parent
to cause such child to attend a recognised basic or primary school and the
Magistrate shall fix a day for hearing the application and cause notice thereof to
be given to the parent.
(b) On the day fixed for the hearing of the application or on any subsequent
day to which in may be adjourned, and after hearing the parent or at the discretion
of the Magistrate any other person on his behalf, the Magistrate may pass an
order directing the parent to cause such child to attend a recognised basic or
primary school on and from a data to be specified in the order.
 9.Penalty for failure to obey attendance order:- (1) Any parent who
fails without reasonable excuse to comply with an order under section 8 shall, on
conviction before a Magistrate, be punisheble with a fine which may on the first
convion extend to two rupees and one subsequent conviction to ten rupees.
(2) No court shall take cognizance of an offence under sub-section (1)
except on the complaint of the school committee or on a complaint by a person
authorised by the school committee.
10. Penalty for employing a child in contravention of the Act:- Whoever
knowingly employs, either on his own behalf or on behalf of any other person,
any child to whom the provisions of section 6 apply, so as to interfere with the
attendance of such child at a recognised basic or primary school, shall, on
conviction before a Magistrate, he liable to a fine which may extend to twenty-five
rupees.
11. Expenditure how to be met:- The expenditure in connection with
the maintenance of recognised basic or primary schools may be met from the
Primary Education Fund constituted in a District Board or Municipality, as the
case may be, under Section 264 of the Orissa Local Government Act, 1950
(Orissa Act XXII of 1950) and section 362 of the Orissa Municip al Act, 1950
(Orissa Act XXIII of 1950) respectively. In a local area where a Grama Panchayat
has been constituted, the expenditure shall be met from the Grama Fund so
constituted under section 40 of the Orissa Grama Pamchayat Act, 1948 (Orissa
Act XV of 1948).
12. Basic or Primary education  to be free:- The education imparted at
a recognised basic and primary school, shall be free.
13. Inspection by persons employed by the State Government :- All
recognised basic and primary schools maintained by Local authority shall be
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open to inspection by any person employed by the S tate Government in this
behalf.
14. Local authority to perform functions or a school committee :- If
the Local authority does not appoint a school committee under the provisions of
this Act, the Local authority shall it self exercise all the powers conferred end
perform all the duties imposed by or under this Act upon a school committee so
appointed.
15. Power of the State Government to cancel the order :- If the State
Government are of opinion that a Local authority has made default in any of the
requirements of this Act, they may, by notification stating the grounds of such
order, cancel any notification which has been issued under section 4 or may
make such other orders as they may deem fit.
16. Application of the provision of the Act to existing Primary School:-
The State Government may by notification, apply all or any of the provisions of
this Act to all or any of the primary schools in the S tate and thereupon such
primary school or schools shall be deemed to be a basic school or schools for
the purposes of this Act.
1[16-A. Constitution of Orissa Primary and Basic School T eacher
Provident Fund and power to make rules:- The State Government shall have
the constitution power to constitute a Fund to be called the Orissa Primary and
Basic School Teachers Provident Fund or the benefit of all or any class or classes
of teachers of all or any of the primary and basic schools in the State of Orissa
and may by rules provide for-
(a) the maintainance and administration of the Funds;
(b) the amount of contribution to be made to the Fund by such
teachers and the mode of making such contributions;
(c) the custody and control of moneys in respect of such contributions
; and
(d) the extent of contributions to be made to this Fund from out of
the Consolidated Fund of the State.]
17. Power to make rules:-  (1) The State Government may by notification,
make rules to carry out the purpose of this Act.
(2) In particular and without prejudice to the generality of the foregoing
provision, such rules may-
(a) prescribe the educational authority, reffered to in section 2;
(b) prescribe the powers of the Orissa Board of Basic Education
constituted under seetion 3;
(c) determine generally what shall be considered to be adeqate
provision for basic and primary education under section 4;
1. Inserted vide Orissa Act 8 of 1955
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(d) prescribe the manner in which the Local authority shall satisfy
the State Government under section 4 and the particular to be
furnished in the application ;
(e) prescribe the manner in which the school committee shall he
constituted, the number of members and period of office members
of the school committee, its duties and powers in respect of the
direction of education in and the regulation of basic and primary
schools, the manner in which it shell transact its business, its
relation with the Local authority and the prescribed educational
authority or the Orissa Board of Basic Education, as the case
may be and the circumstances in which separate school
committees may be appointed for separate portion of an area in
respeet of which a notification under section 4 has issued.
18. Removal of difficulties in the working of the Act:-  If any difficulty
arises in giving effect to the provisions of the Act, the State Government may as
occasion requires, by order, do anything which appears to them to be neoespary
to remove the difficulty.
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