The Assam Elementary Education Act, 1962
**UC 11CULS.**

**ASSAM ACT No.XXX OF 1962**

THE ASSAM ELEM ENTARY ED UC AT ION ACT, 1962

(As passed by the Assembly)

**Rec eived the ass ent o f th e Gov erno r on th e 3rd Octob er 1962**

[Published in the _Assam Gazette, Extraordinary , dated_ **the**

5th October 1962J

_An_

_Act_

_io w oke_ _provision for the management and control oj elementary education_

_to provide for free and compulsory elemenlaiy education in Assam_

reamblc Whereas it is expedient to make better provision for

the development, expansion, management and control
of elementary education ;

Ard whereas it is further expedient that free and

compulsory elem entary education should be introduced
i» the S tate in gradual stages ;

It is hereby enacted in the T hirteenth Year of the

Republic of India as follows

PART I

**CH APTER**

**Pre lim in ar y**

Short title, 1. (1) T his Act may be called the Assam Elemen-

exten t an d t g r [y E ducation A,ct, 1962.]

fnen” [e n C e] ([2] ) extends to the whole of Assam except the

Autonomous Districts:


-----

of the District Council concerned, extend all or any
of the provisions of this Act to all or any of the Auto­
nomous Districts on such date or dates as may be noti­
fied in this behalf.

(3) It shall come into force at once.

Definitions. 2. In this Act, unless there is anything repugnant in

the subject or context;—

(a) “Area of compulsion” means an are a specified

or the purpose of making elem entary education com­
pulsory under section 41 ;

(A) “Attendance Au tho rity” means any person

appointed to be an attendance authority under

section 47 ;

(c) “Autonomous District” means the autonomous

districts under the Sixth Schedule to the Constitution
of India ;

(</) “Basic Training Cen tre” means an Institu ­

tion in which teachers are trained in Basic Education ;

_(e) “Block Development Officer” means the Execu­_

tive Officer appointed by the Government to be

in-charge of a Comm unity Development Block ;

(_/) “ Ch ild” means a person of either sex, of such

age, between six and fourteen years, or as the State
Government may, from time to time, prescribe ;

(g) “District Council” means a District Council

constituted under sub-paragraph (I) of paragraph 2 of
the Sixth Schedule to the Constitution of India ;

(A) “E lem entary Education” means education upto

such class or standard , not beyond the eighth class or
standard, as may be prescribed ;

(i) “Elementary School” means a school where

elementary education is imparted ;

_(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 ;


-----

Qf/ “Local Authority ” means a Municipal Board

as defined in the Assam Municipal Act, 1956, a Town Assam Act

Committee as established under section 335 of 'the XV of

said Act, and a Gaon Panchayat established under 19 57‘

the Assam Panchayat Act, 1959: Assam Ac t
XX IV of

Provided that the State Board shall be deemed 1959.

as Local Authority for the areas not covered by
Municipality, Town Committee, Gaon Panchayat and '

District Council ;

(7) “Management” means and includes such powers

and functions in respect of the Local Authorities arid
of District Councils as have been laid down in this
Ac t;

(m) “Notification” means a notification published

in the Official Gazette ;

(») “Prescribed” means prescribed by rules made,

tinder this Act ;

(0) ’"Recognised School” means a school recog­

nised under this Act ;

(/) “School Board” means a Regional Board

for basic education constituted under section 76 of Assam Ac'
the Assam Basic Education Act, 1954 • XXVI of
1954.

_(q) “State Board”_ means the State Board for

km entary Education constituted under section 3,

CHAPTER n

Sta te B oard , its co n sti tu ti o n and Pow ers

and fu nctions

State Board 3 (J) 'J’jjg State Governm ent shall constitute a

State Board for Elementary Education to advise

Government for the development, expansion, manage­
ment and control of elementary edu cation in the
State.

(2) The Sta te Board shall be a body corporate with

perpetual succession and a common seal, and shall
sue and be sued by the name of the State Board for
Elementary Education. It shall be com petent to

acquire and to hold movable and immovable pro per­

ty, . to transfer any such property so held by it, and

io do all othei acts necessary for carrying out its

duties and functions under this Act and the riiles
made thereunder.


-----

Cooiititution 4. (l) The State Board shall be constituted with

Heard [Sta tC] the following members :—

.(i) The Minister of Education, by virtue of his

office, who shall be the Chairma n of the Board.

_(ii) The Deputy Minister of Education, by virtue_

of his office who shall be the Vice-Chairman of the
Board.

(in) The Director of Public Instruction by virtue

of his office.

(in ) The Joint Director of Public Instruction or the

Officer in-charge of Elementary Education by what­
ever nam e he may be designated, by virtue of his
office, who shall be the Secretary of the Board.

(r) The Assistant Director of Public Instruction

in-charge of Women’s Education.

_(vi) One Inspector of Schools,_ to be nom inated

by the State Government.

(zm) One Principal of a Basic Train ing Centre

to be nom inated by the State Government.

_(viii) Five representatives to be elected_ by the

Assam Legislative Assembly from amongst its

members.

(fx) One representative lrom each of the District

Councils of the Autonomous Districts.

_(x) One Chairman of a Municipal Board or a Town_

Committee to be nom inated by the State Government.

_(xi) Two Presidents of Mohkuma Parishads to be_

nominated by the State Governm ent.

(xii) Three members to be nominated by the State

Government who will be educationists and of whom
one will be a woman.

. (xiii) Members not exceeding three in num ber to

he nom inated by the State Government to serve such
oth er interests as, in the opinion of the Government,
should specially be represented.

(xD) Chairma n of the State Social Welfare Board.

. (xn) Two representatives of teachers of Lower

Primary and Middle Vernacular Schools to be nomi-

### aatsd by the State Governm ent.


-----

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

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

(3) No person nominated or app ointed by virtue of

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

(4) Seven members shall form the quorum.

**Publication**
**of the names** 5. As soon as the State Board has been constituted,
**of members** the names of the members thereof shall be notified

r

**of the State** by the State Government.

**Buard.**

**Term** **of** **.** **.** **.**

**oS ce** of **the** **6.** (1) Subject to the oth er provisions of this Act,

member of every member of the State Board shall hold office for »

**the** **State** a term of three years from the date on which the

**Board.**

notification under section 5 has been published. On

the expiry of such term , a member shall be eligible
for re-appointment or re-election.

(2) A casual vacancy occurring in the State Board

at any time d uring the term of three years shall be
filled for the remaining portion of such term in the
oame m anner in which the mem bership, that falls
vacant, was originally filled up.

(3) The State Board shall be competent to exercise

all its powers at any tim e notwithstanding the fact
that any vacancy or vacancies in its membership may
rem ain unfilled for the time being.

(4) Notwithstanding the expiry of three years

specified in sub-section (!), every member of the State
Board shall continue to hold office until the first
meeting o f the next State Board at which a quorum
is present.

Resignation 7. Any member of the State Board may resign his

of member- membership at any time by giving notice thereof in
ship. writing, to the Chairm an who shall forward the same
to the Government. Th e member shall be deemed

to have vacated his mem bership as soon as the

Government has accepted his resignation,

**Cessation** of 8. Any member of the State Board who is not

**membership,** a mem ber by virtue of office may be removed

from office by the State Government if he

is absent from 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 tnay, of its own motion

membersi o r o n t [j]l e recommendation of the State Board,

remove any member of the State Board if the State
Government 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 o f any physical or mental infirmity:

Provided that no such member shall be so removed

unless th e recommendation, when there beany, 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 number of members were presen t:

Provided further 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 why he

should not be so removed or why such recommen­
dation should not be made.

**Dudes and** 10. The State Board shall have the following func-

**Board.**

_(a) to lay down principles for allocation of_

grants for carrying out the purposes of this Act, to the
local authorities ;

(&) to lay down procedure and conditions and

to bold such tests as may be necessary for recruit­
ment of teachers of elem entary schools on such terms
and conditions of service as may be prescribed ;

(c) to lay down conditions for recognition, ex­

pansion and amalgamation of elem entary schools,
and opening of elem entary schools ; and

_(d) to do any other act which the_ State

Board considers necessary for carrying out the

purposes of this Act fully and effectively.

**Responsjbi-** n . Notwithstanding anything contained in section

**Sta te°** **[f]** **Go-** a n c          - notwithstanding anyth ing contained in this

**vernment.** Act, the responsibility of proper administration, super­
vision and inspection of elem entary education and of
arrangement of proper training of teachers shall lie with
the Government. The G overnment shall also determine
the curriculum and duration, standard and syllabus of
the course of instruction to be imparted in an elemen­
tary school.


-----

112

Chairm an to 12. The Chairma n ,und in his absence the V ic e- , ;

preside over Chairman shall preside over the meetings of the State
meetings. Board, and in the absence of both the members pre­
sent shall elect one of them to preside over the

meeting.

Powers an d 13. Th e Secretary of the State Board shall be the

du ties of the Principal Administrative Officer of the Board and,

ecic aiy . s [Ball 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.

The Assis- 14. (1) Subject to the provisions of section 26,

ta nt Secre- the Deputy Inspectors of Schools, by virtue of office,

powers andtaries, their sBall be the Assistant Secretaries of the State Board,

(2) Th e Headquarters and jurisdiction of the Assis­

tant Secretaries shall be the same as those of the
Deputy Inspectors.

(3) The Assistant Secretary shall exercise powers

and perform duties as follows in hie own jurisdictio n:—; . , \

(t) to operate the fun d placed aC his disposal bv

he State Board ;

(i/1 to appoint his office staff and manage his office

properly ;

(m) to appoint teachers in recognised schools cn the

advice of a Committee constituted by the State Board
under section 16 and transfer them as necessary and
also grant such leave, other than casual leave, to them
a» may be admissible ;

(w) to make payment of contingent expenditure

to schools and salaries to the teachers and other

employees of the State Board, if any, in the area
concerned by himself or through the Block Develop­
ment Officer or through such other officer as may

he specified by the Government for this purpose;

(z>) to make payments to the local authorities for

proper maintenance of schools in the manner

prescribed ;

.til; ’.I

(w) to make such othe r payments including scholar­

ships as may be prescribed ;

(w'z) to maintain proper accounts of the fund, placed

at his disposal ;

_(viii) to carry out such other duties as may be_

entrusted to him by the Secretary, State Board for
the purpose o f carrying out the provisions of the Act.


-----

Rules of 15. The State Board shall perform its duties and

uiness. carry out its functions in accordance with such rules
ot business as may be prescribed.

### CHAPTER III

AD VISORY CO MMITTE E FO R STATE BOARD

Advisory 16 (1) The State Board shall constitute an

Committee Advisory Committee for the purpose of appointing

Board ^ teachers under section 14(3) _(iii) and salaried atten­_
dance authorities under section 47 consisting of three
members **in** each Deputy Inspector’s Circle o f the

State.

(2) Assistant Secretaries of the State Board shall

be the members of the Advisory Committees in

addition to three members of the Committee under
sub-section (1) above.

(3) The tenure of the Committee shall be three

years.

(4) The Com mittee shall advise the Assistant

Secretaries of the State Board in the manner prescribed.

### CHAPTER IV

ELEM ENTARY ED UC AT ION FU ND

Elementary I7. (1) A fund hereinafter called the Elementary

Education Education Fund, shall be created and maintain ed by

I’u n d l the State Board.

(2) The following shall form pa rt of and be paid

into the Elementary Education Fund:—

(t) All sums of money that may be in the State

Basic Education Fund, constituted under section II Act^XXVI
of the Assam Basic Education Act, 1954, on the o [f 1954. ]

date on which this Act comes into force ;

(it) such grants as may be made by the State

Government to the State Board for the purpose of
elem entary education ;

( tit) all income derived from any endowment or

property owned or managed by the State Board for
the purposes of this Act; and

(fo) all other sums of money that may b e received

by, th e State Board under. or for the purposes of this
Act.


-----

Application 18. Except as otherwise provided in this Act, the

oi the Fun . Elementary Education Fund shall be applied for: —

(i) payment of grants to the local authorities and

to the District Councils, as the case may be, for the
purpose of elementary education ;

(n) pay ment of grants to a school authority or other

authorities, if any, on specific projects and schemes
on elementary edu cation ;

_Explanation.—‘‘School_ Authority’ means the

Manag ing Committee or the Head of the Institution
**or the proprietor, as the case m ay be ;**

_(iii) payment of salaries of the officers of the State_

Board, and its office expenses ;

_(ivt payment of such retirement benefits, gratuities_

and contributions to the Provident Funds in respect of
the officers of the State Board as may be

prescribed ;

_(v) payment_ of such travelling and other

allowances to members and officers of the State

Board as may be prescribed; and

(»i) payment of any other sums which the State

Board is legally liable to pay, or of any other

liability as may be prescribed.

_Note,—_ The Assistant Secretaries of the State Board

shall be deemed to be local authorities

under, and for the purpose of this section.

Administra- 19 Th e fund shall be administered by the

t/on of th e Secretary of the State Board and the accounts shall
fund. b e Ope r a t e d by him.

Receipt an d 20. (1) All moneys received for this purpose of the

expenditure. Elementary Education Fund shall forthwith be paid

into an account opened in the Government Treasury
or in a Bank approved by the State Governm ent.

(2) No expenditure shall be incuired from the

Elementary Education Fund except for the purposes
of this Act and unless such expenditure has been
provided for in the budget of the Srate Board ap ­
proved by the State Government.

Budget. 21 . (1) On receipt of the estimates from the

Assistant Secretaries and the District Councils, or

otherwise, the State Board shall prepare the annual

budget estimates before the commencement of the next

financial year at such time and in such manner as
may be prescribed#


-----

probable receipts and expenditure of the year concern­
ed 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 re-appropriation from one head to another

within the approved budget

Ac c ounts 22. The State Board shall keep accounts of all

and audits. its r e c e jpts and expenditure and such accounts shall be

audited by an auditor appointed by the State

Governm ent.

**CHAPTER V**

L O C A L A U T H O R IT IE S P O W E R O F M A N A ­

GEME NT OF ELEMENTARY SCHOOLS

Manage- 23. As soon as this Act comes into force, the

through management of elementary schools shall, subject to

local such conditions as may be prescribed, vest in the

authorities local autho rity of the area concerned.

and District
Councils.

Co-ordina- 24. areas where the Assam Panchayat Assam A it

ting agency. Act, 1959, is in operation the Block Development XXIV

Officer or, where there is no Block Development of l95g
Officer, such oth er officers as may be specified by the
Government in this behalf, with the help of such
officers of the Education Departm ent, as may be
attach ed to him, shall act as a Co-ordinating agency
between the Gaon Panchayats and the State Board.

Powers and 25. (1) Without prejudice to any of the provi­

functions of

local autho­ sions of this Act in general and of section 11 in pa r­

rity. ticula r, a local autho rity in which the management

of Elementary Education has vested, shall have the
following duties and functions to perform and carry
out, na mely:—

(t) construction, expansion, improvemem and

maintenance of school buildings ;

(it) supply of necessary equipments to elementary

schools ;

(tit) arranging of play grounds, mid-day meal

drinking water and medical inspection of students ;


-----

_tiv) preparation and maintenance of a register_

of children of the area in the form prescribed ;

(») decision, when necessary, as to who is the

guard ian of a child or the head of a family ;

_(vi) arrangement for stocking_ and marketing

and disposal of the products of school crafts ;

_(vii) arrangement for periodic exhibition of such_

products in the region ;

_(viii) supervision of a ttendance ; and_

(?'x) such other duties and functions, as may be

entrusted to them by the State Board for carrying
out the purposes of this Act.

Powers of 26. Th e District Council for an autonomous

District district shall have the power to establish, construct,

Council or manage elem entary schools in the autonomous

district and, in particular, to prescribe the language
and the m anner in which elementary education shall
be imparted in the elem entary schools in the district
subject to such conditions as m ay be prescribed with
the consent of the District Council or Councils con­
cerned.

Control of 27. The State Government may on the advice

State Go- of the State Board or otherwise, rescind, in pa rt or

localautho[1]1 ’n w ^°^e a n y resolution, order or decision of a local

rides. ” authority and may also prohib it the doing of any act in

pursuance of such resolution, order or decision when­
ever in the opinion of the State Government, such
resolution,order, decision or ac t is in excess or abuse

of the powers conferred upon the local autho rity hy
this Act,or by any rules framed thereunder.

CH APTER VI

**Fund o f Loc al Auth or ity and its Ope ra tion**

                                                                               -

The fund of 28 . (1) As soon as the management o f Elementary

the local Education is vested in a District Council or a local

authority, authority , the State Government shall constitute a fund
for the purposes of elem entary education and shall
place such amounts out of the said fund as may be
necessary a t the disposal of the District Council, local
authority , the Assistant Secretary of the State Board
and the Block Development Officer concerned, subject
to such conditions as m ay be prescribed.

(2) In .an Autonomous District the said fund shall

be deposited in the fund of the District Council but
the fund shall be applied for the purposes enumerated
jn section 30.


-----

(3) The Assistant Secretary, the Block Develop­

ment Officer and the Local Authority shall deposit the
amount receixed under sub-section (1) in a Govern­
ment Treasury, Post Office Savings Bank or any other
Bank approved by the Government and shall disburse
the same in the manner prescribed.

Constitution
of the fun d. 29. The following shall form pa rt of and be paid

into the fund created under section 28 of this Act,

namely :—

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

made by the State Board for the purpose
elementary education ;

_s:_ _(ii) fees and fines realised under the provisions_

of this Act ;

 - (iff) all other sums of money that may be

realised by the authority concerned under,
and for the purposes of this Act ;

(z’y) any other sum of money that may be

received from the State Government for
anv specific purpose, concerning elem en­

tary education or for the general purpose of
carrying out the provisions of this Act.

of[P],he'fur'd? ^0- Subject to other provisions of this Act, the fund

shall be applied for th e following purposes, namely :—

(i) payment ol salaries of—■

_[a) the establishment maintained by the local_

authority concerned on account of elem en­
tary education as may be prescribed ;

(7) teachers and other employees of the

elem entary schools ;

(c) such salary or honoraria as may be pres­

cribed to the Attendance Authority ;

_»_ _(ii) payment of such retirement benefits, gratu i­_

ties and contributions to the Provident Funds in

respect of the employees mentioned in clause (f) as
may be prescribed ;

(in) payment of any stipend or scholarship to

students in accordance with Rules and Orders of the
Education Departm ent ;

(iy) payment of such sums of money as may be

found necessary for construction, expansion, improve­
ment and maintenance of school buildings and for
provision of mid-day meal, play ground, furniture
and equipm ent ;


-----

(») payment of travelling and other allowances to

the officers and establishment of the local authorities
concerned, as may be prescribed ; and

_(vi) payment of any other sum which the local_

authority concerned is legally liable to pay or of any

oth er liability as may be prescribed.

_Mote.—The Assistant Secretaries of the State Board,_

the Block Development Officers, the District Councils
shall be treated as local authorities for the purpose of

this section.

Accounts 31. (1) Each local autho rity, District Council, the

Assistant Secretaries and the Block Development

Officers to whom funds are allotted, shall maintain
separate accounts of income and expenditure relating

to elementary education within its respective juris­
diction, in the manner prescribed.

(2) Th e accounts so maintained shall be open to

inspection by such officer as may be dep uted by the
State Government for the purpose.

Audit 32. Th e accounts of the local authorities, the Dis­

trict Councils, the Assistant Secretaries, the Block
Development Officers, relating to elem entary educa­
tion shall be exam ined and audited at least once in
each year by an auditor appointed by the State
Government.

**CHAPTER VII**

PR OPE RT IES OF TH E SCHO OL BOARD

Cessation of 83. As soon as this Act comes into force the School

jurisdiction Board shall cease to have any jurisdiction w ith regard

School t 0 the area concerned and the Local Authority shall

Boar s. take over the assets and liabilities of the School Board

subject to the provision of section 34, and subject to

such condition as m ay fce prescribed.

Absorption 34. As soon as this Act comes into force,

of proper­

ties, etc,

(1) all money deposited in the hands of and held by

the State Advisory Board for Basic Education consti­
tuted under section 3 of the Assam Basic Education Assam Act

Act, 1954. on the date on which the State Board XX VI of

established under this Act takes charge of office, shall I9 S 4-

be transferred to and be held by the State Board ;

(2) all teachers and other employees of Schools

maintained by School Board shall be taken over
l>y the State Board ;


-----

119

Provided that the total emoluments of these

employees at the time they are taken over, shall be
protected and their existing seniority shall be main­
tained ;

(3) all other employees of the School Boards in­

cluding the employees in the office of the School Boards
shall be taken over and employed in the manner
laid down by the State Government in this behalf ;

(4) the office buildings of School Boards together

with furniture and equipments shall vest in the

State Government and be utilised for such

purposes as may be in consonance with the provisions
of this Act ;

  - ? (5) all buildings and other properties including the

land owned by any school under the management

**A.** of a School Board, shall vest in and be held by the

_i_ local authority concerned created under this Act;

(6) all residual y properties held before the commen­

cement of this Act by any authority constituted

under the Assam Basic Education Act, 1954 and not Assam Act
transferred to a local authority or to the State Govern­ XX Vf of
ment under the provision of this Act shall vest in 1954-
and be held by the State Board.

State Go- 35. Any dispute arising out of provision of section

vernment’s 34 in respect of transfer and ownership of any pro ­
power to perty or in respect of any term s and conditions of

settle dis - a n y appointment of any employee or any matter

pertaining to the aforesaid provision, shall be referred
by the aggrieved party to the State Government

whose decision in this behalf shall be final and
binding on ail concerned.

**CHAPTER VIII**

RE CO GNITIO N OF ELEMENTARY SCHOOLS

AND THEIR AFFAIRS

V-

Classes of 36. The following classes of schools shall be

schools to deemed to be recognised as Elementary Schools under

be recognised nsE lem enta- t ’ n a m e [ly ]1 :[ —]

_(a) all Government Middle_ Vernacular Schools

and Government Senior Basic Schools including those
that receive grant-in-aid from Government ;

(5) all Middle Vernacular Schools including Mid­

dle Madrassas under the management of any other
Authority or Authorities, that have been recognised by
the State Government, to be responsible for main­
tenance of such schools;

(c) a'l schools under the management of the

School Boards ;


-----

maintained or aided directly by Government or by
any other duly constituted autho rity which is recog­
nised by the State Government to be responsible for
imparting elementary education.

Recognition ^7- (1) The terms and conditions of recognition,

and grant-in-and of grant-in-aid to new Elementary Schools, shall
Schools,aid to new b e a s ]a jd down bv the State Board from time to tim e:

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 an au ­
thority duly constituted to look after the management
of Elementary Schools; and such direction from the
said Government shall be binding on the State Board.

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

the Inspector of Schools of the area concerned shall,
on the recommendation of the Deputy Inspector of

Schools concerned, accord necessary recognition to
such of the senior Basic Middle Madtassa and Middle
Vernacular Schools as fulfil the required conditions.
In all other cases the Deputy Inspector of Schools

shall accord such recognition.

A merit'0 of 38. tea chersexisting or to be app ointed in

teachers° a n 7 Elementary School recognised under this Act,
except in the case of the Autonomous Districts, shall
be deemed to have been employed by the State

Board.

Appeal 39. An appeal against the decision of a local

authority or of the Assistant Secretary, State Board,

by a teacher or any other employee of an Elementary
School or by other employees of these authorities shall
lie to the Secretary, State Board. A second appeal

against the decision of the Secretary, State Board,
shall lie to the State Government whose decision in
this behalf shall be final.

An appeal in each case shall be preferred within

ninety days from the date of order appealed against.

PART II

chapter IX

### COMPULSORY EDUCATION

Exemption 40(1) No fee shall be levied in respect of any child

from fees, for attending a recognised school which is under the

management of the State Board or a Local Authority.

(2) Where in respect of any child an attendan ce

order has been passed under sub-section (3) of section
4y and the only school which he can attend is a re-
c< gnised school under private management, the Local


-----

121

Authority or the State Board shall take such steps as it
may think fit for the purpose of ensuring that the
education which the child is to receive is free.

Compulsory 41 . The State Government may, by notification,

education, de c la r e that elementary education shall be com pul­

sory upto a certain age to be prescribed, in any area of
the State as specified under the notification.

Duty of 42. In an area of compulsion the guard ian of

guardian. e v e r y child, resident in such area, shall, subject to the

provisions of section 43, be bound to cause the chil d
to attend a recognised Elementary School in such

area.

Exemption 43. A guardian may be exem pted from causing

„ a child to attend a recognised Elementary School

# I
if —(1) the child is receiving education otherwise

than in a recognised Elementary School to the satis­
faction of the Attendance Authority ;

(it) the child has already completed the stan«

dard of elementary education prescribed ;

_(Hi) there is ro_ recognised Elementary School

within the distance of one mile from the residence of
the child, or, even if there is such a school when

such a school is not reasonably or conveniently

accessible from such residence ;

_(iv) the child is prevented from attendin g school_

by sickness, infirmity or any other 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 child frcm attending a recognised Elemen­
tary School.

l. , . . .

Part tim e 44 . (]) If the Attendance Authority is satisfied

instruction. t jj a t & c j,;y due to economic or oth er circumstances

connected with the family to which the child be-

A longs, is unable to attend an approved school in
the manner required by or under this Act, it may
permit the child to attend any institution im parting
pa rt time elementary education,

(2) A child receiving education as provided un ­

der sub-section (I), shall be deemed to have fulfilled
the requirements of section 42 of this Act.

45. The manner in which a list of children in an

Preparation area of compulsion shall be caused to be prepared,

of details t jje manner of notifying the guardians, the period

com" [a n] d duration of compulsory attendan ce of children in

1Dpulsion. schools, shall be as prescribed.


-----

122

Duty of the 46. In an area of compulsion, it shall be the

local au- duty of every local authority to enlist the co-operation.
ar r a e g e t ^i e guardians in ensuring the attendance oi

for aiten- children in schools.

dance.

Attendance 47. (i) The Assistant Secretaries of the State

Authority. g o a r c j m ay appoint on the advice of the Committee

appointed by the State Board under section 16,

Attendance Authorities for the purpose of enforcing

attendance in Schools.

(2) The Attendance Auth. cities shall have such

powers, responsibilities and duties as may be

prescribed. »

(3) An attendance order on the guardian of a

child shall be passed at such time and in such man­

ner as may be prescribed. d

»■

Restriction 48. h o guardian or person shall utilise the time

on employ-
111 snt of a or the “’ervices of a child in connection with employ­

child ment of such a child, whether on remuneration or

otherwise, in such a manner or at such time of the

day as to interfere with regular attendance of the

child in a school as required under this Act.

Penalty. 49. Any guardian who contravenes the provi­

sions of section 42 or any guardian or person who

contravenes the provisions of section 48 shall be

punishable with fine not exceeding two rupees, and

in case of a continued contravention with an addi­

tional fine not exceeding fifty naye 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 aear shall

not exceed fifty rupees.

Courts com- 50. '] he courts competent to try offences under this

pd en t to t s [p,]a [ji f,] e [ th e ] [following :—]
try offence:.

(e) in areas where the P nchayat’ Adalat has A s s a m A ct

been constituted under section 86 of the Assam Pan- xXIV of

chayat Act, 1959—the Adalai within whose jurisdic- lS5o.

tion the offence is committed ;

(6) in other areas—the Court of a Magistrate

having jurisdiction.

Cognizance 51 No Court shall take cognizance of an offence

of offences. u n c [,]e r [this Act except on complaint cf an ] [Attendance]
Authority.

Certain per- 52. Th e Attendance Authority shall be deemed to (

s0 ?Sj. [t0 h e] be a public servant within the meaning of section 21 )[C]lh60.

### servants of the Indian Penal Code.


-----

Restriction 53. j\jo prosecution or other legal proceedings

proceedings- ^[o r] ^ Y ^ ^ g done in good faith under this Act shall

’ lie without the, previous sanction of the State Govern­

ment in this behalf.

Ru les 54. (1) The State Government may, after previous

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 powers such rules may
provide for all or any of the following matters,
nam ely: —

(i) laying down terms and conditions of service

of teachers of Elementary Schools including conduct
and discipline of teachers ;

_(ii)_ laying down powers and duties of the

Secretary of the State Board required to be prescribed
under section 13 ;

_(Hi)_ manner of placing f unds by the State Board

at the disposal ol’ lccal authorities and other autho ri­

ties constituted under this Act;

_(iv) manner_ of making payments including

scholarships by the State Board :

(&) laying down the R„ies of Business of the State

Board 5

(«) fixation of rates of -etirement benefits, gratuity

and contribution to P.u nden t Fund of the employees
of the State Board ,

(w'i) laying down conditions of drawal and

fixation of rates of travelling an d other allowances
to members and officers of the State Board ;

_(viii)_ payment of other liability that the Stttc

Board is legally liable to pay ;

(£*) manner of preparing the annual budget

estimates by the State Foard ;

(x) laying down conditions under which manage­

ment 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 ;

(x»t) laying down conditions under winch adm ini-

stiation of elementary education has to be carried
out in the Autonomous Districts 5


-----

_(xiii) laying_ down conditions for placing oi

funds with different authorities constituted under this
A ct;

_(xiv) manner of disbursing of funds by a local_

authority or by any other authority constituted under
this A ct;

_(xv) terms and_ conditions of service of the

establishment of the local authorities ;

_(xvi) payment of retirement benefits, gratuity and_

contribution to the Provident Fund in respect oi the
employees of the local authorities constituted under

this A ct;

_(xvii) fixation of rates of travelling and other allow­_

ances to the officers and establishment of the local
authoiities :

_(xviii) conditions of payment of other liabilities that_

a local authority has to make ;

_(xix) manner of keeping_ accounts by a local

authority, a District Council, the Assistant Secretaries
and by the Block Development Officers ;

_(xx) laying down conditions of taking over of assets_

of the School Boards by a local authority ;

_(xxi) fixation of standard upto which no fees are la_

be charged ;

_(xxii) fixing the limits of the age for a child ;_
_(xxiii) manner of preparation of details as required_

under section 45 ;

_(xxiv) fixation of powers, duties and responsibilities_

of the Attendance Authorities ;

_(xxv) fixing time and manner of serving attendan ce_

order on guardians ; and

_(xxvi) manner of advising the Assistant Secretary_

under sub-section (4) of section 16.

(3) All rub s made under this section shall be laid

for not less than fourteen days before the Assam

Legislative Assembly as soon as possible, after they
are made and shall be subject to such modifications as
the Legislative Assembly may make during the session
in which they are so laid or the session immediately

following.

Repeal an d 55. (l) On and from the date on which this Act

savings comes into force the Assam Basic Education Act, Assam Act

1954 shall be repealed. XXVI
I954*

_(2) Notwithstanding_ the repeal all authorities

constituted, appointments, rules, orders or notifica­
tions made under the said Act shall be deemed to be
constituted 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

Act, 1956, which is repugnant to any of the provisions x v ono-7
## of this Act shall stand repealed. J


-----

