LexThe West Bengal Urban Primary Education Act, 1963
West Bengal · state statute
Open in Lexace · Ask the AI about this actWest Bengal Act XXVIII of 1963
THE WEST BENGAL URBAN PRIMARY EDUCATION
ACT, 1963.
[Passed by the IF est Bengal Legislature.]
[Assent of the Governor was first published in the Calcutta Gazette, Extra-
ordinary, of the 8th October, 1963.]
{8th October, 1963.]
4-1.n 'Act to provide for free and compulsory primary educa-
tion in Municipalities in West Bengal.
WHE1cEA it is expedient to provide for free and com-
pulsory primary education in Municipalities in West
Bengal;
It is hereby enacted in the Fourteenth Year of the
Republic of India, by the Legislature of West Bengal, as
CHAPTER I.
Preliminary.
t (1) This Act may be called the West Bengal Urban
Primary Education Act, 1963.
(2) It extends to all Municipalities in West Bengal.
2. In this Act, unless there is anything repugnant in
the subject or context,—.
Short
title
and
extent.
Derni.
tions.
Ben. Aot
XV of
1932.
Cooch
Behar Act
III of
1944.
West Ben. -
Act XVIII
of 1955.
(a) '"to attend recognised primary school" means to be
_present for instruction at Such school for 4o many
and on such clays in the year and at such time or
times on each day as may be determined by the
School Committee for such school, sublect to sunk
rules as may be made under section 16 and to tbe
orders of the Education Department of the Stot ,?
Government:
(b) "child" means a boy-or girl who is not less than six
years and not more than eleven years of age or of
other prescribed age
"Commissioners" mean the persons for the time,
haiiim appointed or elected to conduct the affairs
of a Municipality constituted under the Bengal
"third inai Act. 1932, or the Coocb. Behar
Municipal Act, 1944, and include the
Councillors and Aldermen of the Corporation. in
'011audernag.ore established under the Chander-
nagore Municipal Act,
(c)
2 The West Bengal Urban Primary Education. Act, 1963.
tWeSt Ben. Act
(Chapter 11.—Free and compulsory primary education in
urban, areas.—Section 3.)
(d) "guardian" means any person on whom the case,
nurture or custody of any child falls by law or
by -natural right or recognised usage, or who has
accepted or assumed the care, nurture or custody
of any child or to whom the care or custody of
any child has been entrusted by any lawful
authority;
(e) "Municipality" means any place in which the
Bengal Municipal Act, 1932, or the Coo J1
Behar Municipal Act, 1944, is in force,. an'd
includes Chandernagore as defined in the
Chanderna.gore - Municipal Act, 1955;
(f) "prescribed" means prescribed- by rules made
under section 16;
(y) -"primary education" means such elementary
education as may, from time to time, be laid down
by the Education Department of the State
Government by notification in the Official Gadette .
for primary ,schools, . junior basic schools or fo ,•
any other type of schools for children;
(h.) "recognised primary school" means a school or a
department of a school appropriated to primary
• education and -for the time being , recognised by the
Education Department of . the °State Government
.for the purposes of such education;
(i) "School Committee" means a Committee constituted
under -section 6.
CHAPTER II.
Statement
to be
submitted
by
Commis-
sioners.
Free and compulsory primary education in urban areas.
3. Within one year from the commencement of this Act
or within such other period as may be .specified by the State
Government in this behalf, by notification in the Official
Gazette, the Commissioners of every Municipality shall
submit to the State Government a detailed statement, in
such form as may be prescribed, containing -the following
particulars -in respect of the Municipality; namely -: —
(a) the number of children within the Municipality;
•(b) the school accommodation and the staff of, and the
-attendance at,. existing primary schools;
(a) the school accommodation, 'staff and equipment
required if suitable and adequate provision were
to be made for the free and compulsory primary
education of all children referred to in clause (a);
7'he West. Bengal Urban Primary 'Education Act, 1963. 3
:XXVIII of 1963.]
(ch apter. I1.—Free and compulsory primary education in
urban areas.Section 4.)
(d) the manner in which and the periods within which
it will be possible to provide the necessary school
accommodation, staff and equipment referred to in clause (c) under the direct management and
control of the Commissioners of the Municipality;
(e) the expenditure incurred by the Commissioners of the
Municipality on primary education and the
expenditure to be incurred annually in order to
provide such school accommodation, staff and
equipment;
(I) the receipts already available, and the income
including the estimated -receipts from any
education cess that may be imposed under section
15, to meet -such expenditure ; and
(g) the amount of grant or assistance from the
Government which the • Commissioners of the
Municipality consider would be necessary to
enable them to provide for free and compulsory
primary education within the Municipality, or
any part thereof. -
4. (1) The State Government may, after considering the
statement submitted under section 3 and the conditions, and
. the resources of the Commissioners, of the Municipality, and
after :determining the amount of financial assistance from the
State Government which may be necessary in order to provide
for free and compulsory. primary education within the
Municipality or any part thereof, •direct the Commissioners
of the Municipality to provide the necessary school
accommodation, star and equipment for all children
likely to attend _primary schools within the Municipality
or . any part thereof, as the case may be, and to assume
direct management and control of schools established for the purpose.
(2) Notwithstanding anything contained ir. subsection(1), the State Government may, at any time, by order, direct
the Commissioners of a Municipality to subin'..t to it, within
such time as may he specified in the order, a .scheme prepared
in such manner as may be pregeribed for fr ,..e and compulsory primary education within the Municipality or any port
thereof for all children resident thereir,
(3) The State Government, after considering the scheme referred to in sub-section (2) and after determining the financial assistance from the State Government which may
be necessary to provide for free and compulsory • primary
education within the Municipality, may sanction such scheme
with or without modification.
Primary
education
when to
he declared
free and
compul-
sory.
4 The West Bengal Urban Primary Education Act, 1963.
- [West Ben. Act
(Chapter 11.—lice and compulsory primary education in
urban areas.—Section 5.)
(4) When a direction has been given under sub-section (1)
or a scheme has been sanctioned under sub-section (3), the
Commissioners of the Municipality concerned shall cause a
notification to be issued declaring that primary education
shall be free and compulsory for all children within the
Municipality or any part thereof, as the case may be.
(5) Every notification issued under sub-section (4) shall
be published in the Official Gazette and shall be posted up at
the Municipal office and at such other places, as the
Commissioners of the Municipality shall deem necessary,
specifying the date on and from which primary . education
shall be free and compulsory within . the Municipality, er
arty part thereof,
(6) When primary education has been declared free and
compulsory in any Municipality, or any part thereof, the
Commissioners of the Municipality shall—
(a) maintain such administrative machinery as may be
prescribed; and
(b) spend every year for the purposes of free and
compulsory primary education within such
Municipality or part—
the proceeds of the education cess imposed
therein during that year under section 15,
and also all moneys received by them during
that year, including the income accruing
from, any fund held by them, for the said
purposes; and
(ii) such amount as they spent for primary
education therein during the year preceding
the commencement of this Act.
Explanation.—In this clause "year" has the same
meaning as in the Bengal Municipal Act, 1932.
(I)
Ben Act
XV of
1932.
Adminis- trative
Of13eer.
5. (1) The State Government may appoint a person who
is in the service of the State Government as Administrative
Officer for the implementation of the provisions of this Act
in a Municipality or any part thereof, where primary
education has been declared free and compulsory.
(2) The Administrative Officer shall exercise such powers,
perform such functions and discharge such duties as may be
prescribed.
Ben. Act
— XV of
I 1932.
West Ben.
Ask XVIII
of 1965.
•
The West Bengal Urban Primary Education Act, 1963.
XXViii o 1963.]
(Chapter 1.—Free and compulsory primary education in
urban, areas.—Sections 6-8.)
6. When a notification has been issued in any Munici-
pality under sub-section (4) of section 4, the CommisSioners
of the Municipality concerned shall appoint a School
Committee, to be constituted in such manner as may be
prescribed, for the control and management of primary
schools within the Municipality and thereupon any
Education Committee constituted under the Bengal Munici-
pal Act, 1932, or the Chandernagore Municipal Act, 1955,
as the case may be, shall cease to have any jurisdiction
whatsover in respect of primary schools within such
Municipality.
7. (1) In the area referred to in the notification issued
under sub-section (4) of section 4, it shall be the duty of the
guardian of every child, residing within that area, to cause
such child to attend a recognised primary school unless, in
the opinion of the School Committee, there is a reasonable
excuse ,for the non-attendance of the child.
(2) Any of the following circumstances shall be deemed
to be a reasonable excuse within the meaning of this section,
namely : —
(a) that there is no recognised primary school within a
distance of one mile from the residence of the
child, measured by the shortest route; which the
child can attend;
(b) that the child is prevented from attending the school
by reason of sickness or infirmity;
(c) that the child is receiving education in some other
satisfactory manner;.
(d) that the child has already completed primary
education as defined in clause (g) of section 2;
(e) such other circumstances as may be prescribed.
. 8. (1) If the School Committee is satisfied that a
guardian, who is required under section 7 to cause a child
to attend a recognised primary school, has failed to do so,
it shall, after giving a warning in writing to such guardian,
apply to a Magistrate having jurisdiction for an order to
compel the guardian to cause the attendance of such child,
and the Magistrate shall fix a day for the hearing of the
application and cause notice thereof to be given to such guardian.
(2) On the day fixed for the hearing of the application
or on any subsequent day to which it may be adjourned,
and after hearing the guardian or his authorised agent, if
present, the Magistrate, if satisfied that the facts alleged
in the application are true, may pass an order directing the
guardian to cause such child to attend a recognised primary
school from a date to be specified in such order.
Constitu-
tion of
School
Commit.
tee.
Duty of
guardian
to send
child to
school.
Order of
Magistrate
to compel
attend-
ance.
Penally
for failure to
obey
order.
Prohibi-
tion of
employ-
ment of
children.
Employ-
er's
liability.
6 The West Bengal Urban Primary Education Act, 190.
[West Ben,AVX 1
(Chapter 11.—Free and compulsory primary education in
urban areas.—Sections 9-14,)
9., (1). Any guardian who fails to comply with an order
passed under section 8 shall, on conviction., before a Magis-
trate, be liable to a fine not exceeding five rupees, and, if
so ordered, also to a -recurring fine not exceeding one rupee
for each day after the first during which he continues so to
offend.
(2) No Magistrate shall take cognisance of an offence
under this section except on the complaint of the School
Committee.
10. No person shall, without the permission of the
School Committee, employ any child who is required to
attend a recognised primary school under this Chapter :
Provided that such permission shall not be necessary if
employment does not interfere with the attendance of the
"child at such school.
11. (1) The School Committee may prosecute any
person who, after due warning, contravenes the provisions
of section 10.
(2) Unless such person satisfies the Magistrate that there
is a reasonable excuse, within the meaning of sub-section (2)
of section 7, for the non-attendance of the child, or that
the time and nature of employment of the child are such
that the child is not prevented from attending a recognised
primary school, or that the child was taken into employment
under false representations as to age ? residence and other
conditions, such person shall, on conviction before a Magis-
trate, be liable to a fine not exceeding twenty rupees.
Delegation 12. An application to a Magistrate under section 8 or
of some a complaint to a Magistrate under , section 9 or section 11,
of the may be made on behalf of the School Committee by such
functions person as may be authorised by the School Committee by of School general or special order in this behalf. committee.
rower of
Commis-
sioners
to make
/tiles.
13. The Commissioners at a meeting may, with the
previous sanction of the State Government ; make rules
specifying the steps which the School Committee may take
to secure the attendance of child at school.
Exemption 14. The State Government may, by notification in the
from Official Gazette, exempt any class of persons or any com-
education. compulsory munity, in any area to which this Act extends, from the
operation of this Chapter.
impter 1 II.—Education cess.—Section 15—Chapter 1V. — Supplemental.—Section s 16-19.)
CHAPTER I I 1 .
Education cess. •
15. (1) Ii' the existing resources of the Commissioners
of any Municipality are not sufficient to cover the cost of
free and compulsory primary education within the Munici-
pality, the Commissioners of the Municipality • shall, with
the previous sanction of the State Government, impose an
education cess, in such manner as may be prescribed, and
all amounts derived therefrom shall be devoted solely to
the purposes of free and compulsory primary education within the Municipality.
(2) The education cess shall. exceeding two per cent. of the within the Municipality, as may
rates may be prescribed for duff
(less.
be levied at such rate, not
annual value of holdings
be prescribed and different
erent Municipalities.
The TVedt Bengal Urban Primary Edu'cation Act, 1963. V
xxviti of 1963.1
CHAPTER IV.
Supplemental.
• 16. (1) The State Government may
out the purposes of this Act.
(2) In particular, and without - prejudice to the
generality of the foregoing power, the State Government
may make rules prescribing the manner in which—
oim_
-, (a) schemes under sub-section (2) of section 4 shall be prepared ;
(b) the education cess shall be 'levied.
(3) All rules made under this section shall be published * i n th e Official . Gazette.
17. All primary schools maintained by the Commis-
sioners within a Municipality, or any part thereof, under
the provisions of this Act shall be open to inspection by the
inspecting officers of the Education Department of the State
Government and such other persons as the State Govern -men] may appoint in this behalf. •
18. Every person authorised by the School Committee Certain under section 12 and every officer and servant of the School urn Committee, shall be deemed to be a public servant within pubaille. the meaning of section 21 of the Indian Penal Code. servants.
Ac
o 111,epe •
en. Aci, f 19. The Bengal Primary Education Act, 1919, is hereb repealed y •ry
1919.
11130 P.64,5 570A 3M
make make rules to carry Power of
State
Govern-
ment
to make
ruins.
Schools to
be opened
to inspec•
tion.
Act XLV
of 1860.
Ben.
Act IV
of'1 ,119,