(1) This Act may be called the Delhi Primary EducationAct, 1960.
(2) It extends to the Union territory of Delhi.
(3) It shall come into force on such date 1as the State Government may, by notification in the OfficialGazette, appoint.
In this Act, unless the context otherwise requires,u2014
(a) "academic year" means the year beginning on such date as a local authority may specify withrespect to any specified area or with respect to approved schools generally or any approved school orclass of approved schools in particular within its jurisdiction;
(b) "approved school" means any school in any specified area within the jurisdiction of a localauthority imparting primary education whichu2014
(i) is under the management of the State Government or the local authority, or
(ii) being under any other management, is recognised by the local authority as an approvedschool for the purposes of this Act;
(c) "attendance authority" means any person appointed to be an attendance authority undersection 7;
(d) "to attend an approved school" means to be present for instruction at an approved school onso many days in a year and at such time or times on each one of those days as may be fixed by thelocal authority concerned;
(e) "child" means a boy or girl within such age group, not being less than six or more thanfourteen, as may be specified in a declaration made under section 4;
(f) "local authority" means the Municipal Corporation of Delhi, the New Delhi MunicipalCommittee and the Delhi Cantonment Board;
(g) "parent", in relation to any child, includes a guardian and every person who has the actualcustody of the child;
(h) "prescribed" means prescribed by rules made under this Act;
(i) "primary education" means education up to such class or standard, not beyond the eighth classor standard, as may be prescribed;
(j) "rural areas" shall have the meaning assigned to it in section 2 of the Delhi MunicipalCorporation Act, 1957 (66 of 1957);
(k) "special school" means any institution which imparts such primary education as is in theopinion of the State Government suitable for children suffering from any physical or mental defect;
(l) "specified area" means any area within the jurisdiction of a local authority in which primaryeducation is declared by that authority to be compulsory under section 4.
(1) It shall be the duty of every local authority to provide forcompulsory primary education for children ordinarily resident within its jurisdiction, and for this purposeit shall, from time to time, submit to the State Government such proposals in the form of a scheme as itmay think fit providing for such compulsory primary education in the whole or any part of the area withinits jurisdiction for children of such ages and up to such class or standard as it may decide.
(2) Notwithstanding anything contained in sub-section (1), the State Government may, at any time,call upon a local authority to submit to it within such time as may be specified a scheme for compulsoryprimary education in such area within the jurisdiction of the local authority for children ordinarilyresident therein, and of such ages and up to such class or standard, as the State Government may specify.
(3) The scheme submitted under sub-section (1) or sub-section (2) shall be in such form as the StateGovernment may specify and shall contain the following particulars,u2014
(a) the area in which primary education shall be compulsory;
(b) the approximate number of children to whom the scheme will apply, classified according toage and mother-tongue;
(c) a list of existing approved schools and the schools, if any, proposed to be opened for thepurpose, classified by languages in which instruction is given or is proposed to be given;
(d) the number of teachers already employed and the additional staff proposed to be recruited;
(e) the recurring and non-recurring cost of the scheme; and
(f) such other particulars as may be prescribed.
(4) The State Government may, after making such inquiry as it may consider necessary, sanction withor without modifications the scheme submitted by the local authority under sub-section (1) or sub-section(2).
(1) On receipt of sanctionunder sub-section (4) of section 3, the local authority shall give effect to the scheme so sanctioned bymeans of a declaration that with effect from the first day of the next academic year primary educationshall be compulsory in any area specified in the declaration for children ordinarily resident in that areaand within such age group and up to such class or standard as may be specified in the declaration.
(2) Every declaration under sub-section (1) shallu2014
(a) be published in the Official Gazette and in such other manner as the local authority maydecide;
(b) be so made as to ensure that there is an interval of not less than one hundred and twenty daysbetween the date of the publication of the declaration and the first day of the next academic year.
The State Government shall, in respect of every scheme sanctioned undersub-section (4) of section 3 or prepared under sub-section (1) of section 17, bear such part of the recurringand non-recurring cost of the scheme as it may from time to time determine.
It shall be the duty of the local authority tocause to be prepared as early as possible after the publication of a declaration under section 4, and in suchmanner as may be prescribed, a list of children in any specified area; and the local authority shall causethe list to be revised at such intervals as may be prescribed.
(1) The local authority may appoint as many persons as it thinks fit tobe attendance authorities for the purposes of this Act, and may also appoint as many persons as itconsiders necessary to assist the attendance authorities in the discharge of their duties.
(2) In the exercise of any of the powers conferred by or under this Act, the attendance authority orany person appointed to assist the attendance authority may put such questions to any parent or requireany parent to furnish such information, about his child as it or he considers necessary, and every suchparent shall be bound to answer such questions or to furnish such information, as the case may be, to thebest of his knowledge or belief.
It shall be the dutyof the attendance authority to notify the parent of every child to whom the declaration under section 4applies that he is under an obligation to cause the child to attend an approved school with effect from thebeginning of the next academic year.
It shall be the duty of the parentof every child to cause the child to attend an approved school unless there be a reasonable excuse for hisnon-attendance within the meaning of section 10.
For the purposes of this Act, any of the followingcircumstances shall be deemed to be a reasonable excuse for the non-attendance of a child at an approvedschool,u2014
(a) that there is no approved school within the prescribed distance from his residence;
(b) that the child is receiving instruction in some other manner which is declared to besatisfactory by the State Government or by an officer authorised by it in this behalf;
(c) that the child has already completed primary education up to the class or standard specified inthe declaration under section 4;
(d) that the child suffers from a physical or mental defect which prevents him from attendance;
(e) that there is any other compelling circumstance which prevents the child from attendingschool, provided the same is certified as such by the attendance authority;
(f) such other circumstance as may be prescribed.
If there is in existence a specialschool within the prescribed distance from the residence of a child who is suffering from a physical ormental defect, the attendance authority may, if it is satisfied that the child is not receiving any instructionin some other manner considered by it to be satisfactory, by order require the child to attend the specialschool; and it shall be the duty of the parent of such child to cause the child to attend the special schoolunless there be a reasonable excuse for the non-attendance of the child within the meaning of clause (e) ofsection 10.
(1) If the attendance authority issatisfied that a child, due to economic or other circumstances connected with the family to which thechild belongs, is unable to attend an approved school in the manner required by or under this Act, it may,by order and subject to such conditions, if any, as it may think fit to impose, permit the child to attend anyapproved school established as a part-time institution or in which primary education is imparted on apart-time basis.
(2) Any parent who causes a child in respect of whom an order under sub-section (1) has been madeto attend an approved school in the manner specified in the order shall be deemed to have complied withthe provisions of this Act.
(1) Whenever the attendance authority has reason to believe that the parentof a child has failed to cause the child to attend an approved school and that there is no reasonable excusefor the non-attendance of the child within the meaning of section 10, it shall hold an inquiry in theprescribed manner.
(2) If as a result of the inquiry the attendance authority is satisfied that the child is liable to attend anapproved school under this Act and that there is no reasonable excuse for his non-attendance within themeaning of section 10, it shall pass an attendance order in the prescribed form directing the parent tocause the child to attend the-approved school with effect from the date specified in the order.
(3) An attendance order passed against a parent in respect of his child under this section shall, subjectto the provisions of sub-section (6), remain in force for so long as this Act continues to apply to the child.
(4) If any parent against whom an attendance order has been passed in respect of his child undersub-section (2) transfers the custody of the child to another person during the period in which theattendance order is in force, such parent shall be bound to immediately inform the attendance authority inwriting of such transfer.
(5) Where an attendance order has been passed against a parent in respect of his child under thissection, such order shall have effect in relation to every other person to whom the custody of the childmay be transferred during the period in which the attendance order is in force as it has effect in relation tothe person against whom it is passed.
(6) A parent may at any time apply to the attendance authority for cancellation of an attendance orderon the groundu2014
(i) that he is no longer the parent in respect of the child; or
(ii) that circumstances have arisen which provide a reasonable excuse for non-attendance;
and thereupon the attendance authority may, after holding an inquiry in the prescribed manner, cancel ormodify the attendance order.
No person shallemploy a child in a manner which shall prevent the child from attending an approved school.
(1) No fee shall be levied in respect of any child for attending anapproved school which is under the management of the State Government or a local authority.
(2) Where, in respect of any child an attendance order has been passed under section 13 and the onlyschool which he can attend is an approved school under private management falling within sub-clause (ii)of clause (b) of section 2, the local authority shall take such steps as it may think fit for the purpose ofensuring that the primary education which the child is to receive is free.
The age of a child for the purposes of this Act shall becomputed in terms of years completed by the child on or before the first day of the academic year:
Provided that where the birthday of a child falls on a day not later than sixty days from the first day ofthe academic year, the birthday shall be deemed to fall on the first day of the academic year for thepurpose of computing the age of the child.
(1) If any local authority whencalled upon to submit a scheme under sub-section (2) of section 3 fails so to do, or, after a scheme hasbeen sanctioned under sub-section (4) of section 3 fails to give effect to a scheme as so sanctioned,whether wholly or in part, the State Government may, after making such inquiry as it may considernecessary and after giving an opportunity to the local authority to be heard in the matter, appoint anyperson to prepare the scheme or to give effect to it, as the case may be, and may direct that such part ofthe expenses as that Government may determine shall be defrayed out of the funds belonging to the localauthority.
(2) Where any such direction as is referred to in sub-section (1) is issued, any person who has for thetime being the custody of any moneys on behalf of the local authority, either as a banker or in any othercapacity, shall, notwithstanding anything contained in any law for the time being in force, be bound tocomply with such direction.
(1) If any parent fails to comply with an attendanceorder passed under section 13. he shall be punishable with fine not exceeding two rupees, and, in the caseof a continuing contravention, with an additional fine not exceeding fifty naye paise for every day duringwhich such contravention continues after conviction for the first of such contraventions:
Provided that the amount of fine payable by any one person in respect of any child in any one yearshall not exceed fifty rupees.
(2) If any person fails to furnish any information as required by sub-section (4) of section 13, he shallbe punishable with fine which may extend to twenty-five rupees.
If any person contravenes the provisions ofsection 14, he shall be punishable with fine which may extend to twenty-five rupees and, in the case of acontinuing contravention, with an additional fine not exceeding one rupee for every day during whichsuch contravention continues after conviction for the first of such contraventions.
(1) The courts competent to try offences under this Act shallbe the following,u2014
(a) in rural areas to which the Delhi Panchayat Raj Act, 1954 (Delhi Act III of 1955) extends, thePanchayati Adalat, constituted under section 50 of that Act, within whose jurisdiction the personcommitting the offence resides;
(b) in other areas, the court of a magistrate having jurisdiction.
(2) Any offence triable by the Panchayati Adalat shall be tried in the manner provided for the trial ofcriminal cases by the Delhi Panchayat Raj Act, 1954 (Delhi Act III of 1955), and any offence triable by amagistrate shall be tried in a summary way.
No court shall take cognizance of an offence under this Act except onthe complaint of an attendance authority or any other person authorised in this behalf by the localauthority by general or special order.
The attendance authority, every person appointed toassist the attendance authority under sub-section (1) of section 7 and every person authorised to makecomplaints under section 21 shall be deemed to be public servants within the meaning of section 21 of theIndian Penal Code (45 of 1860).
No suit, prosecution or other legal proceeding shalllie against the Government or any authority or person in respect of anything which is in good faith doneor intended to be done under this Act.
(1) The State Government may, by notification in the Official Gazetteand subject to such conditions, if any, as may be specified in the notification, authorise any officer orauthority subordinate to it to exercise all or any of the powers conferred on the State Government by orunder this Act.
(2) A local authority may, by general or special order and with the previous approval of the StateGovernment, authorise any officer or authority subordinate to it to exercise all or any of the powersconferred on a local authority by or under this Act.
(1) The State Government may, by notification in the Official Gazetteand subject to the condition of previous publication, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules mayprovide for all or any of the following matters, namely:u2014
(a) the class or standard education up to which shall be considered as primary education;
(b) the particulars to be contained in any scheme submitted under this Act, including particularsrelating to the provision made or to be made in any area for the establishment of special schools or ofschools imparting primary education on a part-time basis or for the supply of food or refreshments,books, writing materials, uniforms or other necessary amenities, to children while attending school;
(c) the manner in which lists of children may be prepared in any specified area under section 6,the intervals at which the lists shall be kept revised and persons with whose assistance such lists shallbe prepared;
(d) the functions to be performed, and the manner in which such functions may be performed, byattendance authorities;
(e) the distance beyond which a child may not be compelled to attend an approved school;
(f) the circumstances which may be regarded as reasonable excuses for the non-attendance of achild within the meaning of section 10;
(g) the manner in which any inquiry under this Act may be held;
(h) the form in which an attendance order under this Act may be passed;
(i) the registers, statements and other information to be maintained or furnished by approvedschools for the purposes of this Act;
(j) any other matter which has to be, or may be, prescribed under this Act.
(3) Every rule made under this section shall be laid as soon as may be after it is made before eachHouse of Parliament while it is in session for a total period of thirty days which may be comprised in onesession or in two successive sessions, and if, before the expiry of the session in which it is so laid or thesession immediately following, both Houses agree in making any modification in the rule or both Housesagree that the rule should not be made, the rule shall thereafter have effect only in such modified form orbe of no effect, as the case may be; so, however, that any such modification or annulment shall be withoutprejudice to the validity of anything previously done under that rule.
On the date on which primary education becomescompulsory in any specified area, the Punjab Primary Education Act, 1940 (Punjab Act XVIII of 1940) asin force in the Union territory of Delhi shall stand repealed in such area.