The Assam Elementary Education Act, 1968
ASSAM ACT XVII OF 1969

**[Receiv ed the as se nt of the Governor on the 5th Au gust, 1969j**

TH E ASSAM ELEMENTARY ED UC AT ION ACT, 1968

         - (Published in the _Assam Gazette Extraordinary, dated the 9th_

£ August, 1969)

**An**

**Act**

**to provid e for the man ag em en t and control of elem en tary educa**

**tion and for fre e co mpu lsor y elem en tary education in Assam**

Preamble. Whereas it is expedient to make provision for

expansion, management, improvement and control of
elem entary education ;

And Whereas it is furthe r expedient that free

and compulsory elementary education shall be intro­
duced in the State of Assam in gradual stages ;

It is hereby enacted in the Nineteenth Year c/ She

Republic of Ind ia as follows

PART I

**CHAPTER I**

**Pr elim inar y**

Short title This Act may be called the Assam Elemen-

extent and tary Education Act, 1968.
comtnence-

(2) It extends to the whole of Assam except the

autonomous districts:

Provided tha t the Governor may, with the

consent of the D istrict Council concerned, extend all
or any o f the provisions of this Act to all or any of
the autonomous districts on such date or dates as may

be notified in this behalf.

(3) It shall come into force on such date as the

State Government may, by notification in the Official
Gazette, appoint.

Definitions/ Act, unless there is anything repugnant

in the subject or context—

(a) “area of compulsion” means an area specified

forthe purpose of making elementary educa­
tion compulsory under section 42 ;


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_(b) “attendance autho rity” means any person_

appointed to be an attendan ce authority
under section 48; ’ »

0 “Autonomous district” means the autono­

mous districts under the Sixth Schedule to

the Constitution of India ;

(J) “ Basic Training Centre” means an Institu­

tion in which teachers are trained in Basic
Education ;

(«) “Block Development Officer” means the

Executive Officer appointed by the

Government to be in-charge of a Communi­
ty Development Block ;

( / ) “ Child” means a person of either sex

who has completed five years of age and
has not exceeded fourteen years or of such
age as the State Government may, from
time to time, prescribe ;

X •

_(g) “District Council” means a District Council_

constituted under sub-paragraph (I) of

parag rap h 2 o f the Sixth Schedule to the

Constitution of India ;

fA) “elem entary education” means education

upto such class or standard , as may be
prescribed ;

(») “elementary school” means a school where

     - elem entary education is imparted ;

v Yv

_(j) “guardian” means the person to whom the_

duty of taking care of, bringing up or the
custody of the child has been entrusted by
law or custom, or by any lawful authority,
or who has in fact accepted or assumed

such duty, or has actual custody of such

child or where such guardian cannot be
readily ascertained such person as the local \

authority shall decide ;

$£) “ local authority ” means a Municipal Board                 - . A [.]t

as defined in the Assam Municipal Act, xV of

1956, a Tow n Committee as established 1957.

under section 335 of the said Act, an Ancha-
lik Panchayat and a Gaon Panchayat estab­
lished under the Assam Panchayat Act

1959:

____


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Provided that the Regional Board shall

be deemed as local authority in respect

     - of schools which are not maintained and
managed by the Municipal Board, Town
Committee, Anchalik Panchayat and Gaon

<■> ~ Panchayat;

(/) “management” means and includes such

powers and functions in respect of the
local authorities and of District Councils
as have been laid down in this Act ;

_(di) “notification” means a notification publish­_

ed in the official Gazette ;

(n) “prescribed” means prescribed by rules

made under this A ct;

(o) “recognised school” means a school recog­

nised under this Act ;

##### (p) “State Board” means the State Board

for Elementary Education constituted undet

section 3 ;

(5) “ Existing teachers” mean the teachers Assam Act

appointed or deemed to have been appoint- XXX el

ed under the Assam Elementary Education [l 9] G2.
Act, 1962 and the teachers appointed by the
Government and taken over by the State

Board under section 35 (2).

**CHAPTER II**

**State Board— its constitution, powers and**

**functions**

State Board. 3.(1) The State Government shall constitute a

State Board for Elementary Education for manage­
ment, improvement and expansion of Elementary

Education in the State and to advise the Government
on matters relating to Elementary Education.

(2) The State Board shall be a body corporate

with perpetual 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 acquire and to hold movable and

immovable property, to transfer any such property

so held by it, and to do all other acts neces­

sary for carrying out its duties and functions under
this Act and the rules made thereunder.


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Constitution 4. (1) The State Board shall b^ constituted with

°[f]t a t the following members— '                        -

Bsard.

(z) The Minister of Education, by virtue of his

office, shall be the Chairman of the State »

Board.

(zz) Th e Minister of State for Education or

the Deputy Minister of Education,

as the case may be, by virtue of his office
shall be the Vice-Chairman of the Board.

(mi) The Secretary of Education.

(in) The Director of Public Instructions, by

virtue of his office.

(r) Th e Additional Director of Public Ins­

tructions, by virtue of his office.

(D) The Additional Director of Public

Instructions, Hills by virtue of his office.

(rii) The Joint Director of Public Instruc­

tion or the Officer-in-charge of Elementary
Education by whatever nam e he may be
designated, by virtue of his office, shall be
the Secretary of the State Board.

(rzzz) Th e Deputy Director of Public Ins­

truction, in-charge of Wom en’s Education.

(zx) All the Inspectors of Schools of the

           - -x.

Plains Districts, by virtue of their offices
who shall be the Joint Secretaries of the
State Board.

(x) The Principal o f State Institute of Education.

(xz) Seven representatives to be elected by

the Assam Legislative Assembly from

amongst its members.

(xzz) Members not exceeding seven in num ber

including one woman educationist to be
nom inated by the State Government

to serve such interest and areas as, in the
opinion of the State Government, should

specially be represented.


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    - (xm) Two representatives of teachers one

from Lcwer Primary Schools and one from

#> Middle Vernacular Schools to be nom ina­

ted by the State Government.

_(xiv} One_ representative from each Auto­

nomous District to which the provision of

this Act may be extended under section 1(2

(2) No person shall be entitled to continue as

a member under clause (xi) of sub-section (1) if he
ceases to be a member of the Legislative Assembly.

(3) No person nominated or appoinled by virtue

of his office under this section shall continue to be
a member of th e State Board, if he ceases to hold
that office.

 -

 -

(4) Eleven members shall form the quorum.

oft henanie s s o o n a s State Board has been con-

of members stituted, the names of the members thereof shall be

of the State notified by the State Government.
Bo ard.

Terms of 6. (1) Subject to oth er provisions of this Act,

office of the every member of the State Board shall hold office for
the”[1] 'state [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 published. On

the expiry of such term , a mem ber shall be eligible

for re-appointment or re-election.

(2) A casual vacancy occurring in the State Board

at any time during the term of four years shall be filled
for the remaining period of the term in the

same manner in which the membership was

originally filled up.

(3) The State Board shall be competent to exer­

cise all its powers at any time notwithstanding any

vacancy or vacancies in its membership remaining
unfilled for the time being.

(4) Notwithstanding the expiry of four years Spe­

cified in sub-section (1), every member of

the State Board shall continue to hold office until the
first meeting of the next State Board a t which a quorum I
is present.

Reiignation 7. Any mem ber of the State Board may resign

°hi™e m b er" bis membership at any time by giving notice thereof

in writing to the Secretary who shall forward the K
same to the State Government. The member shall be

           - deemed to have vacated his membership as soon as

the State Government has accepted his resignation.


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o

Cessation of 8. Any mem ber of the State Board who is not V

membership, a m c m [3 e r b y virtue of office may be removed from

office by the State Government if he is absent for
three consecutive meetings thereof and fail to offer

reasons for such absence which are considered sufficient
by the State Government.

Removal of 9. The State Government may of its own motion

members, or on the recommendation of the State Board remove
any mem ber of the State Board if the State Govern­
ment is satisfied that he has been guilty of misconduct
in the discharge of his duties as such member or of
any conduct involving moral turpitude or has become
incapable of performing such duties by reason of any

physical or m ental infirmity t

Provided that no such mem ber shall be so removed

unless the recommendation, when there be any, for
such removal has been made by a resolution passed in
a meeting of the State Board in which at least two-
thirds of the total num ber of members were present :

Provided furthe r that no member shall be so

removed by the State Government of its own motion
nor shall any resolution recommending his removal be
of any effect, unless he has previously been given
a reasonable opportunity of showing cause wliy he
should not be so removed or why such recommenda­
tion should not be made.

Meeting of 10. (1) Ordinary meeting—The State Board shall

the State meet not less than twice a year, but six months shall

B oard- not ordinarily intervene between two successive

meerings.

(2) Special meetings—The Secretary of the

State Board may, at any time, and shall upon requisi­
tion made by not less than one-third of the non-official
members of the Board, and on a date not more than
twenty-one days of the receipt of such requisition,

call a special meeting o f the Board.

(3) The Chairman and in his absence the

Vice-Chairm an shall preside over the meeting of the
State Board, and in the absence o f both the members

present shall elect one of them to preside over the
meeting.

(4) The procedure to be followed in the meeting

and the period of notice of the meeting shall be as
prescribed.


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Powers and 11. (1) It shall be the duty of the Chairman and
duties of the Vice-Chairman to see that the provisions of this Act
Chairman
and Vice- and the rules and regulations made there under are
Chairman. duly observed and the decisions of the State Board

are duly implemented by the Secretary of the State
Board and they shall have all the powers necessary for
this purpose.

(2) The Chairman snail have power to direct

the Secretary to convene a meeting of the State Board.

(3) When any emergency arises in course o f the

administrative business of the State Board which, in
the opinion of the Qhairm an, requires an immediate
action, he shall take such action as he deems necessary
and report his action to the Board at its next meeting
for approval.

(4) The Chairm an and the Vice-Chairman shall

exercise such oth er powers as may be prescribed.

Rules of

12. The State Board shall perform its duties

business.

and carry out its functions in accordance with such
rules of business as may be prescribed.

Powers and 13. The State Board shall have the following

functions powers and functions, namely :—

State B oatd.

(a) to lay down principles or norms for sanction

of non-recurring grants to elementary

schools for maintenance of school buildings,
provision of furniture, educational aids and
equipments as may be found necessary from
time to time ;

(b) to supervise and regulate the activities of

the Regional Boards ;

(c) to lay down procedure and conditions of

granting financial assistance to schools of
pre-ele mentary stage ;

(d) to formulate rules for constitution, dissolu­

tion, functions and duties of the Managing
Committees of elem entary schools under
the State Board ;

(e) to lay down principles, conditions and

manner of recognition, amalgamation,

expansion, opening and closing of elementa­
ry schools as may be necessary from time
to time and to make financial allotment
to the Regional Boards for carry­

ing out the ir functions under this A ct;


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(f) to lay down the pattern and strength of s
office staff in the offices of the Secretary of
the State Board and of the Secretaries of ' »

the Regional Boards as recommended by
the Executive Committee constituted under
section 14 and to create such posts as may < s
be necessary from time to time ;

(g) to appoint, transfer, discharge, dismiss or

otherwise punish the employees of the

offices of the State Board and Regional
Boards ;

(h) to create such posts of' officers of the State

Board as may be found necessary from time
to time with prior approval of State

Government ;

(i) to hold such tests or examinations at such

stages of elementary education as may be
deemed necessary by the State Board ;

(j) to constitute committee or committees for

the purpose of conducting examinations or -?

for any other purposes ;

(kl to lay down the p attern and strength of the

teaching staff of elementary schools, quali­
fications required of teachers and to lay
down the m anner, method a nd procedure of
their recruitment and to arrange for such
tests or examinations as may be necessary
for selection of candidates for teachersbip ;

(l) to make such regulations as may be neces­

sary with the approval of State Govern­
ment ;

(m) to formulate rules governing the provident

fund of the employees of the State Board ;

(n) to formulate rules of conditions of service of

teachers of elementary schools including

their conduct rules ; '

(o) to levy such examination fees as may be V*“

necessary and to lay down rates of rem u­
neration to paper setters, invigilators,

tabulators, examiners and others in connec­
tion with different examinations ; J

(p) to write off unrecoverable loans and

advances and value of property irrecover­
ably lost :

Provided that such writing off shall require

State Government’s prior approval 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 Comm it­

tee constituted under section 14 or to any

officer including _ex-officio_ officers by a

resolution of the Board ;


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x fr) to do any other act which the State Board

          -           - considers necessary for carrying out the
purposes of this Act fully and effectively.

Executive 14. (1) There shall be an Executive Comm it-

***** **•f°theSt*te** **[t e e ]** t ^i e State Board consisting of the following:—

heard.
(i) The Minister of Education or the Minister

of State for Education or the Deputy

Minister for Education, as may be notified
by the State Government, shall be **the**

President of the Executive Com mittee.

(ii) Director of Public Instruction, Assam—Vice-

President—Ex-Officio.

(iii) Additional Director of Public Instruction,

Assam—Mem ber—Ex-Officio.

(iv) One mem ber from each Plains District, one

“ member from each Hills District to which
the provision of this Act is extended and
one wom an mem ber to be elected by the
State Board from amongst its members.

(v) The Secretary of the State Board,

Assam—Secre tary'—Ex- Officio.

-- -v J

(2) Th e Executive Comm ittee shall exercise such

powers and perform such duties as may be delegated to
it by the S tate Board. The Committee shall meet as

and when occasion arises but not less than four times
a year.

**Responiibi*** 1 5. Notwithstanding anything contained in this

**lity of th e** Act, the responsibility of proper administration, and
**State Go* supervision of elementary education and of arrange***

vernment. m e n t s o [f inspection and of proper training of teachers]
shall lie with the State Government. The Stat

Government shall also determine the curriculum and
duration, standard and syllabus of the course of in­

struction to be imparted in an elem entary school..

Powers and 16. Th e] Secretary of the State Board shall be

**duties of the the Principal A dministrative Officer of the Board and**
Secretary . shall exercise such powers and perform such duties as

may be required for carrying out the purposes of this
Act. He shall also perform such oth er duties and

exercise such other powers as may be prescribed,

provided the Secretary shall be subject to control of
the Executive Com mittee in respect of such matters as
m ay be delegated to the Executive Committee by **the**
State Board under section 14\2) of this Act.

###### X


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The Jo int I7 t The Joint Secretary of the State Board '

their^ower have the following powers and functions, » w

and func* namely:

***loas<** **.**

(a) to inspect and supervise the offices of the

Secretaries of the Regional Board constitu- 01

ted under section 18(1) under his

jurisdiction ;

(b) to ensure proper observance by the Regional

Boards of the rules and regulations and
directions of th e State Government ;

(c) to ensure proper observance by the Regional

Boards of the rules and regulations and

directions of the State Board ;

(d) to hear appeals against the decisions of

the Secretary of the Regional Board

within his jurisdiction in the manner

prescribed;

(e) to take disciplinary actions against such

employees of the State Board and in such
matters as may be prescribed ;

(f) to transfer employees of the State Board

within his jurisdiction as prescribed.

**CHAPTER IH**

R egional **Regional Board for Elem entary Ed ucation**

Board.

18. (1) A Regional Board shall be constituted

by the State Government for elementary education for
each Deputy Inspector of Schools’ circle for performing
the functions as provided in section 19 of this Act.

(2) The Regional Board shall consist of the

following members—

(a) one Chairman to be nominated by Govern­

ment ;

(b) the Deputy Inspector of Schools shall be _ex-_

_officio Secretary ;_

# »

K-


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» (c) the Additional Deputy Inspector of Schools

->* or where there is no such officer, the senior-
most Sub-Inspector of Schools will be the

_ex-officio Joint Secretary ;_

(d) all members of the Assam Legislative

c * Assembly representing the areas within the

jurisdiction of the Regional Board concerned

or their nominees to be notified in the
manner prescribed :

Provided that such a nom ination once made by a

member of the Assam Legislative Assembly or notified
shall be irrevocable during the tenure of his member­
ship of the Board ;

Provided furthe r that if a mem ber of the Assam

a Legislative Assembly ceases to be a member of the
Assembly, his nominee shall also cease to be a member
**of** the Regional Board ;

♦ (e) two representatives, of, the Mahku-

ma Parishad other than the members of the
Assam Legislative Assembly representing

the areas within the jurisdiction of the
Regional Board to be elected by the

Mahkuma Parishad concerned;

(f) persons not exceeding four to be nomi-

, nated by the State Government to

' represent such interests as deemed necesary
by the State Go vernment;

(gl one person is to be nominated by the State

Government from amongst the members

of the Municipal Board and the Town

Committees within the jurisdiction of the
Regional Boards.

(3) The tenure of the Regional Board shall be

four years:

Provided that the State Government may at any

time remove any mem ber and dissolve and reconsti­
tute the Regional Board, if circumstances so demand:

Provided further that the State Government may

extend the terms of a Regional Board not exceeding
one year under special circumstances:

Provided further th at no such member shall be so

removed unless he has previously been given a reason­

able opportunity of showing cause why he should not
be so rem oved.


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(4) (a) The Regional Board for elementary edu- „

cation may by resolution delegate any of its powers K
**to** the Secretary or any member or members of

the Board. ' »

(b) Th e Secretary shall be the principal admi­

nistrative officer of the Regional Board and subject ' w
to the control of the Chairman shall exercise

all powers and functions relating to day-to-day

administration.

(c) Th e Secretary of the Regional Board shall

pass the Travelling Allowances bills of the members

of the Regional Board.

(5) No person shall be entitled to continue as a

member of a Regional Board under clauses (d), (e)
and ( g) of sub-section (21 of this section if he ceases
to be a mem ber of the Assam Legislative Assembly,
Mahkuma Parishad and Municipality, Town Com­
mittee as the case may be.

(6) If a Mahkuma Parishad fails to elect the

members within the prescribed time fixed by the State

Government, the State Government shall appoint any
such representatives.

(7) No person elected, nominated or appointed

by virtue of his office under this section shall continue
as a mem ber in the Regional Board, if he ceases to
hold office, \

19. The Regional Board shall act according

to the regulation made by the State Board and shall
have the following functions:—

(a) to establish and to take over Elementary

Schools subject to financial allotm ent made
by the State Board ;

(b) to expand, re-distribute and amalgamate

existing Elementary Schools as and when
necessary and also to grant permission for
opening new Elementary Schools ;

(e) to appoint, transfer, discharge, dismiss or

punish teachers and Grade IV employees
according to rules and procedure provided
by the State Boa rd,

(d) to sanction non-recurring grants for build­

ings and other purposes from the provisions
allotted by the State Board ;

(e) to prepare and submit the annual budget for

different purposes to the State Board by
the month of June every year;


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w (f ) to submit an annual report to the State

Board by the month of July every year ;

     - t- (g) to raise funds for the ‘Elem entary Education

Fund’ thro ugh donations and subscriptions;

(h) to select teachers for deputation to training

for Basic Train ing Centres according to
sanction ;

###### (i) to grant such advances to the Board Em­

ployees as may be prescribed ;

(j) to constitute Comm ittee or Committees for

carrying out the functions assigned to it.

###### CHAPTER IV

 Elementary Education Fund

Elementary 20. (1) A fund hereinafter called the Elemen*

**Education** t^ry Education Fund shall be created and maintained

UB '* by the State Board.

The following shall form pa rt of and be paid

###### into the Elementary Education Fu nd :—

(il All sums of money that may be in the Assam Act

Elementary Education Fund, constituted x x x o f

under section I7 of the Assam Elementary
Education Act, 1962, on the date on which
this Act comes into force;

(ii) Such grants as may be made by the State

' Government to the State Board for the
###### purpose of Elementary Education ;

(iii) income derived from any endowment

or property owned or m anaged by State

Board for the purposes of this A ct; and

(iv) money that may be received by the

State Board by way of subscription,

donation, etc., either directly or through
Regional Board.


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Application 21. Except as otherwise provided in this Act,

of the the Elementary Education Fund shall be applied for:—

fund.

(i) in payment of grants to the Regional

Boards and to the District Councils as

the case may be, for the purpose

of Elementary Education ;

(ii) payment o f grants to’a school autho rity on

specific projects and schemes on Elementary
Education ;

_Explanation— “School authority ” means the Manag­_

ing Committee the He ad of the Institution or the

proprietor, as the . case may be ;

(iii) pay ment of salaries of the employees

A

of the State Board, and Regional s

Boards and their office expenses >

(iv) pay ment of such contributions to the

provident funds in respect of the employees r

of the State Board and Regional Boards

as may be prescribed ;

(v) pay ment of such travelling and other allo­

wances to members and employees of the State

Board as may be prescribed ;

(vi) payment of any other sums which the

State Board is legally liable to pay, or of any other

liability as may be prescribed ; and

(vii) payment [of legal expenses.

Administra­ 22. (1) The fund shall be adm inistered by the

tion o f the Secretary of the S tate Board and the accounts shall be
fund. operated by him.

(2) The State Board may constitute a Finance

Committee with three members including the Secre­
tary of the State Board who shall be the Secretary of
the Committee to advise the Executive Committee in
such manner as may be laid down by the State Board.

23. (1) All moneys received for the

ReceipFand
expenditure purpose of the E lementary Education Fund shall forth­

with be paid into the account opened in the Govern­
ment treasury or in a Bank approved by the State
Government.

(2) 3\o expenditure shall be incurred

from the Elementary Education f und except for the
purposes of this Act and unless such expenditure has
been provided for in the budget for the State [Board
approved by the State Government.,


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**Budgetj** 24. (1) On receipt of the estimates from the

Regional Boards and the District Councils, or other­

wise, the State Board shall prepare the annual budget

estimates before the commencement of the next finan-

| „ cial year at such time and in such manner as may be

<5 prescribed.

(2) Such budget estimates shall include the

probable receipts and expenditure of the year con­

cerned on account of elementary education.

(3) The Budget estimates as approved by the State

Government shall be treated as the final budget of the
State Board.

(4) The State Board shall be competent to make

##### f re-appropriation from one head to another within the
approved budget.

**Accounts** 25. The State Board shall keep accounts of all

**and audit.** r e [ceipts ][and expenditure and such ] accounts shall

be audited by an auditor appointed by the State

Government.

###### CHAPTER V

 Local authorities’ power of mana­
 gement of Elementary Schools

Management 26. As soon as this Act comes into force, the

**through localmanagement** of elementary schools shall, subject to
**authorities** s u c [h conditions ][as may be prescribed, vest in the ] [local ]

^u nc ih [trlC t] authorities of the area concerned :

Provided that nothing in this section shall pre­

clude the right of minorities whether based on

religion or language or any private body from

managing their own schools.

_ 27. In the areas where the Assam Panchayat Act, . .

**i tw^irency[a t]"1959 is in** operation the Bieck Development Officer XXXV of

™ [5] ’ or, where there is no Block Development Officer, such 1959,

other officer as may be specified by State Government
in this behalf, with the help of such officers of Educa­
tion Departm ent, as may be attach ed to him , shall
act as a co-ordinating agency between the Gaon

Panchayats and the Regional Boards.

It shall be the duty of the co-ordinating agency to see
that the provisions of this Act are observed in the
schools maintain ed by the Gaon Panchayats.

—


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_o_

Powers of 28. The District Council for an autonomous v

Councils ^strict shall have the power to establish, construct or
manage elem entary schools in the autonomous district ® p

and, in particular, to prescribe the language and the
manner in which elementary education shall be im- S

parted in the elementary schools in the district subject & [ "]

to such conditions as may be prescribed with the

consent of the District Council or Councils concerned.

Control of 29. The State Government may on the advice of

State Govern-the State Board or otherwise rescind in part or in

local[1] autho. whole any resolution, ord er or decision of a local

rities. authority and may also prohibit the doing of any act

in pursuance of such resolution, order or decision

whenever in the opinion of the State Government,

such resolution, order, decision or act is in excess or
abuse of the powers conferred upon the local authority
by this Act, or by any rules framed thereunder.

###### CHAPTER VI

 Fund for State Board and District Council
 and Regional Board

Application 30 . (1) The State Government shall place such

of Fund, amounts as may be necessary at the disposal of the

State Board and District Councils for the management
and maintenance of elem entary schools vested in

them .

(2) In autonomous districts the am ount

so received shall be deposited in the Fund of the
District Council under a separate head ‘Elementary
Education’ anri the am ount shall be applied for

the purposes enumerated in section 32.

(3) The Secretary of the State Board shall deposit

the amount received under sub-section (1) in a Govern­
ment treasury or Post Office Savings Bank and apply
the same in the manner prescribed.

31. (1) A fund hereinafter called the Regional

Board Fund shall be created and maintained by each
Regional Board and the following shall form pa rt of
the said fund namely:—

(i) grants or allotments, as the case may be,

made by the State Board for the purpose
of elementary education ;


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    -

(ii) fees and fines realised under the provision

of this Act ;

(iii) all other sums of money that may be

realised by the authority concerned by

or under this Act.

« we

(2) The Secretary of the Regional Board shall

deposit the amount received under sub-section (1) in
**a** Government treasury or State Bank of India or Post
Office Savings Bank and apply the same in the manner
prescribed.

**Application** 32. Subject to other provisions of this Act,

**of the Re-** the Regional Board fund shall be applied for the

BoardFund. [f o llo w in] S purposes, name ly:—

»

(i) (a) payment of salaries of the establishment

maintained by the Regional Board con­
cerned on account of elemenary education

**  - as may be prescribed ;

(b) payment of salaries of teachers and other

employees of the elem entary schools ;

(c) payment of such salary or honoraria as

may be prescribed to the attendance au­
thority ;

(ii) payment of such contributions to the

provident funds in respect of the em­

ployees mentioned in clause (i) as may
be prescribed j

(iii) payment of any stipend or scholarship to

students in accordance with Rules and

  - Orders of the Education Department ;

(iv) payment of such sums of money as may

be found necessary for construction,

r extension, improvement and main­

tenance of school buildings and for provision
of midday meal, play ground, furniture

and eq uipm en t;
V

(v) payment of travelling and other allowances

to the officers and establishment of the

local authorities concerned, as may be

prescribed j

(vi) payment of any other sum which the

Regional Board concerned is legally liable
to pay or of any other liability as may be
prescribed;


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(vii) payment of any legal expenses;

(viii) payment or maintenance grant of

financial assistance to elem entary schools

managed by authoiities oth er than those set
up under the Act including any linguistic

minority group or a private body ;

(xi) payment of maintenance grant or financial

assistance to elem entary schools managed

by oth er local authorities within the .juris­

diction of the Regional Board concerned.

Account!* 33. (1) Each Regional Board, District Council

and other local authority shall maintain separate

accounts of income and expenditure relating to elemen­
tary education within its respective jurisdiction in the
manner prescribed.

(2) The accounts so maintained by the Regional

Boards, District Councils and other local authorities
shall be open to inspection by such officer as

may be dep uted by the State Government and

the State Board for the purpose.

**Audit.** 34. Th e accounts of the Regional Boards,

the District Councils and oth er local au thor i­

ties relating to elementary education shall be

examined and audited at least once in each year by
an auditor appointed by the State Government.

###### CHAPTER VII

 Properties of the Elementary Education Board

35. As soon as this Act comes into force

**Absorption** (1) all money deposited in the hands of and held A ct XXX

**of proper#** by the State Board for Elementary Education constitu- 19 62‘

**res, etc.** under section 3 of the Assam Elementary Educa­

tion Act, 1962 on the date on which the State Board
established under this Act takes charge of office, shall

be transferred to and be held by the State Board ;


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(2 ) all teachers and other employees of Elemen-

tary Schools maintained by the Government or by the

     - „ State Board for Elementary Education constituted

    - under the Assam Elementary Education Act, 1962 Assam Act

shall be taken over bv the State Board. XXX of

1962.

*■ (3) all teachers and other employees of schools

, taken over by the State Board un der sub-section (21
shall be deemed to be employees of the Regional Board
concerned within whose jurisdiction they are in service:

Provided that the total emolument of these em­

ployees at the time they are taken over shall be pro­
tected and their existing seniority shall be maintain ed;

(4) all other employees of the State Board for

Elementary Education constituted under section 3 of
the Assam Elementary Education Act, 1962 including A ct
the employees of the said office of the State Board for XXX of
Elementary Education shall be taken over by the State 1962.

Board :

Provided that the total emolument of these employ­

ees a t the time they are taken over shall be protected
and their existing seniority shall be maintained;

(5) all properties of the State Board for Elementary

Education constituted under section 3 of the Assam Ele­
mentary Education Act, 1962 shall vest in the State
Board and be utilised for such purposes as m ay be in
consonance with the provisions of this A ct;

(6) all buildings and land appurtenant thereto of

any school under the management of the State Board
within the jurisdiction of the Regional Board shall
vest in and be held by the Regional Board concerned ;

(7) all residuary properties held before the

commencement of this Act by any authority constituted
under the Assam Elementary Education Act, 1962 xxX of*

and not transferred to a local autho rity or to the 1962.

State Government under the provision of this Act,
shall vest in and be held by the State Board.

Sta te Go- 36. Any dispute arising out of provision of section

ve rnmen t’s 35 in respect of transfer and ownership of any pro­
power to perty or any matter pertaining to the aforesaid provi-

settle dis- s j o n s p a ]i p e r e fe r r e d by the aggrieved party to the

p u es' State Government whose decision in this behalf shall
be final and binding on all concerned.


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a
###### CHAPTER VHI

 Recognition of Elementary Schools and their
 affairs

Classes of 37. The following classes of schools shall be

schools to be deemed to be recognised as elementary schools under
recognised

as ele mental this Act, namely :—
ry schools.

(a) all Government Middle Vernacular Schools

and Government Senior Basic Schools

including those that receive grant-in-aid
from Government ;

(b) all Middle Vernacular Schools Senior

Basic School and Middle Madrassas

under the management of any other

authority or authorities, that have

been recognised by the State Govern­

ment, to be responsible for maintenance of
such schools;                     -

(c) all schools under the ma nageme nt of the

Regional Boards ;

(d) all Prim ary Schools and Junior

Basic Shcools maintained or aided directly by

Government or by a ny other duly constitu­
ted authority which is recognised by the
State Government to be responsible for

yf impartin g Elementary Education.

Recognition 38. (1) The term s and conditions of recognition

an d gran t- and of grant-in-aid to new Elementary Schools shall

in-aid to new jje a g j a jj down by the State Board from time to tim e:

schools. '

Provided that the State Government may direct

the State Board to recognise any existing rule or set of
rules adopted in any particular area by a local

authority and such direction from the Government
shall be binding on the State Board.

(2) Subject to the provision of sub-section (1), the

Regional Board concerned shall on the recommendation

of the Deputy Inspector of Schools concerned, accord

necessary recognition to such Elementary Schools as
may fulfil the required conditions.

Ap point- 39. All existing teachers and other employees of

ment of the schools or those to be appointed in any Elementary

tea chers. School recognised under this Act, except in the case of
the autonomous districts, shall be deemed to have
been employed by the Regional Board concerned.


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Appeal. 40. (1) An appeal against the original decision of

the Joint Secretary of the State Board for Elemen-

    - tary Education shall lie to the Secretary of the State

Board :

Provided that the employees concerned shall

have a right to prefer a second appeal to the State

Government against the decision of the Secretary
of the State Board passed under this sub-section and
the decision of the State Government in this behalf
shall be final.

(2) An appeal against the decision of the Sec­

retary of the State Board for Elementary Education
### f by an employee of the State Board shall lie to the
State Government whose decision on this behalf

shall be final.

(3) An appeal against the decision of- the

Regional Board by a person aggrieved including a

teacher or any oth er employee of the Elementary

Schools shall lie to the Executive Committee cons­
titute d under section 14 of the Act in the manner-
prescribed. A second appeal shall lie to the State

Government whose decision in this behalf shall be
final.

(4) An appeal against the original decision of the

State Board or of the Executive Committee of the
State Board shall lie to the State Government

whose decision in this behalf shall be final.

r (5) Notwithstanding anything contained in sub­

sections (1) to (4) the State Government m ay at any

time call for the records of any authority and

pass necessary orders after examination thereof.

Th e orders passed by the State Government

shall be final in this behalf.

(6) An appeal in each case shall be preferred

within 45 days from the date of order appealed

against.


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##### PART XI

**CHAPTER IX**
                                           -

**Co mpulso ry Education**

Exem ption 4 1 . (i) No fee shall be levied in respect of any

rom ees. c j,j]^ fo r attending a recognised school which is under

the management of the Regional Board.

(2) Where in respect of any child an attendance

ord er has been passed under sub-section (3) of section
48 and the only school which he can attend is a

recognised school under private management, the Re­

gional Board shall take such steps as it may think fit for
the purpose of ensuring that the edu cation which the
child is to receive is free.

Education1? 42. The State Government may, by notification,

declare that elem entary education shall be compul­
sory upto cei tain age to be prescribed, in any area of
the State as specified under the notification.

Du ty of 43. In an area of compulsion the guardian of

G uar dian, every child, resident in such area, shall subject to the

provisions of section 44 be bound to cause the child
to attend a recognised Elementary School in such area.

Ex em ption. 44. **A** guardian may be exempted from caus­

ing a child to attend a recognised Elementary School

if,—

(i) the child is receiving education otherwise

than in a recognised Elementary School to
the satisfaction of the attendance autho rity;

(ii) the child has already completed the standard

of elem entary education prescribed;

(iii) there is no recognised Elementary School

within the distance of one mile from the
residence of the child, or even if there is
one when it is no t reasonably or

conveniently accessible from such

residence;

fiv) the child is prevented from attending school

by sickness, infirmity or any oth er mental
or physical defect accepted as sufficient

ground by the attendance authority ; or

(v) there is any other compelling circumstance

which, in the opinion of the attendance
authority prevents the child from attending
a recognised Elementary School.

;—


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Part lime 45 . (1) If the attendance authority is satisfied

instruction. t [p]a t a c[j]u e t 0 [ economic or other circumstances ]

connected with the family to which the child belongs,
is unable to attend an approved school in the m anner
required by or under this Act, it may permit the child

_if_ to attend any institution impartin g part-time elemen­

tary education.

(2) A child receiving education under sub-section

(1), shall be deemed to have fulfilled the requirements

of section 43 of 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 prepared,

compulsion, the manner of notifying the guardians, the period and

duration of compulsory attendance of children in

schools, shall be as prescribed.

Duty of the 47. In an area of compulsion, it shall be the duty

dti es [a U t] "to e v e r y l° c al authority to enlist the co-operation ol

arrang e for die guardians in ensuring the attendance of children
attendance, in schools.

Attendance 48. (1) The Secretary of the Regional Board

authority, niay appoint the attendance authorities for the

purpose of enforcing attendance in schools.

(2) The attendance authorities shall have such

powers, functions and duties as may be prescribed.
A

(3) An attendance order on the guardian of a child

shall be passed at such time and in such manner as
may be prescribed.

Restriction

©n employ­ 49. No guardian or person shall utilise the time
ment of a or the services of a child in connection with employ­

child. ment of such a child, whether on rem uneration or

otherwise, in such a manner or a t such time of the day

as to interfere with regular attendance of the child in a
school as required under this Act.

Penalty. 50. Any guardian who contravenes the provision

ol section 43 or any guardian or person who contra­
venes the provisions of section 49 shall be punisha­
ble with fine n ot exceeding two rupees and in case of a
continued contravention with an additional fine not

exceeding fifty paise for every day [during which such
contravention continues:

Provided that the amount of fine payable by any

one person in respect of any child in any one year
shall not exceed fifty rupees.


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Courts conn 51. The Courts competent to try offences under

Fry'offences. [t h i s ] A c t s h a 1 1 b e t h e fo llow ing

fa) in areas where the Panchayati Adalat has Assam Act

been constituted under section 86 of the XX IV of

Assam Panchayat Act, 1959 such Adalat 1959.

within whose jurisdiction the offence

is committed ;

(b) in other areas the Court of a Magistrate

having jurisdiction.

**CHAPTER X**

**Mis cellaneous**

Cognizance 52. N o Court shall take cognizance of an offence

of offences.

under this chapter except on a complaint of an atten­

dance authority.

Certain per- 53. The attendance authority shall be deemed Act XLV of

mIbi;ptO t o b e a public servant within the meaning of section i860, £

vants. 21 of the Indian Penal Code.

Restriction 54. No suit, prosecution or other legal proceed-

on ,\cg al ings for anything done in good faith under this Act

procce mgs. s j, a ll w [j]t [}j]0 U t t [j]i e [p]r e v [i]O[us sanction of the State]

Government in this behalf.

Power to 55. (1) The State Government may after pre­

make rules, vious publication in the official Gazette, make rules for

carrying out the purposes of this Act.

(2) In particular and without prejudice to the

generality of the foregoing provisions such rules may
provide for all or any of the following matters, namely—

(in laying down terms and conditions of

service of teachers of elementary schools ¥
including conduct and discipline of

teachers ;

73 '■

_(ii )' laying down powers and duties o f the Sec­_

retary and Joint Secretary, State Board and
Secretary, Regional Board;

_(Hi) manner_ of placing Funds by the State

Board at the disposal of Regional Board

and other authorities constituted under this

Act ;

###### (iv) manner of making payment including

scholarships by the Regional Board ;

Wj!
—


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_(v) laying down_ tne rules of business of the

    - o State Board and of the Regional Boards;

(m) fixation of rates of contribution of

$ . provident fund of the employees of the State

Board and of the Regional Boards ;

(ph ) laying down conditions of drawal ^ind

fixation of the rates of travelling and other
allowances to members of the State Board
and of the Regional Boards ;

_(viii) payment of other liability that the State_

and the Regional Boards are legally

liable to pay ;

(wc) manner of preparing the ann ual budget

estimates by the State Board and by the
Regional Board ;

_(x) laying down conditions under which man­_

agement of elementary schools shall vest in
the local authority ;

(xi) laying down the form of register of children

to be maintained by a local authority ;

( « ) laying down conditions under which ad­

ministration of elementary education has
to be carried out in the autonomous

districts ;

(« ii) laying down conditions for placing of funds

with different authorities constituted under
this Act ;

_(xiv) manner of disbursing funds by a local autho­_

rity or by any other authority constituted

under this Act ;

(x») terms and conditions of service of the esta­

blishment of the Regional Board and the
State Board ;

_(xvi) payment of contribution to the provident_

fund in respect of the employees of the
State and of the Regional Boards ;

(xw’i) laying down the conditions of taking over oi

the Government Schools by the State

Board;

_(xviii)_ conditions of payment of other liabilities

that a Regional Board, or the State

Board has to make ;


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26

_[xix) manner of keeping accounts b\ a Regional_

Board and District Council or local au tho­
rity ;

(x.v) laying down conditions of taking over <>l

assets of the State Board by a Regional
Borrd;

(xaz) laying down the manner procedure and

f authorities lor taking disciplinary action :

_(xxit) fixing the limits of the age for a child ;_

_[xxiii') manner of preparation of details as required_

under section 46 ;

_(xxiv) fixation of powers, duties and responsibi­_

lities of the various offices including

attendance authorities ;

_(xxv) fixation of time_ and manner of serving

attendance order on guardians.

(3) Every rule made under this section shall be

laid, as soon as mav be after it is made, before the
Assam Legislative Assembly while it is itt session for a
total period of fourteen days which may be comprised
in one session or in two successive sessions, and if,
before the expiry of the session in which it is to laid
or the session immediately following, the Assam Legis­
lative Assembly agree in making any modification in
the rule or the Assam Legislative ' ssembly agree that

the rule should not be made, the rule shall ihe-reafter
have effect only in such modified form or be of no
effect, as the case may be ; so however, that any such
modification or annulm ent shall be without prejudice
to the validity of anything pi eviously done under that
rule.

Repeal 56.(1 ) The Assam Elementaiy Education Act, Assam Act

an d savings. 1962 is hereby repealed. ol

(2) Notwithstanding the repeal all authorities

constituted, appointments, rules, orders or notifications
made under the said Act shall be deemed to be consti­
tuted or made under this Act, and continue to function
or to be in force until actions under the provisions of
this Act are taken.

(3) Any of the provisions of the Assam Municipal A ssam Act

Act, 1956 and the Assam Panchayat Act, 1959 which is
repugnant to any of the provisions of this Act shall A ct X XIV
stand repealed. of 195g.

At.P 28/69 (Leg) 1450+1550-27-9-69


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