West Bengal Act XXVIII of 1963
THE WEST BENGAL URBAN PRIMARY EDUCATION
ACT, 1963.
[Passed by the IF est Bengal Legislature.] [Assent of the Governor was first published in the Calcutta Gazette, Extra- ordinary, of the 8th October, 1963.]
{8th October, 1963.]
4-1.n 'Act to provide for free and compulsory primary educa- tion in Municipalities in West Bengal.
WHE1cEA it is expedient to provide for free and com-
pulsory primary education in Municipalities in West
Bengal;
It is hereby enacted in the Fourteenth Year of the
Republic of India, by the Legislature of West Bengal, as
CHAPTER I.
Preliminary. t (1) This Act may be called the West Bengal Urban Short title Primary Education Act, 1963. and
extent.
(2) It extends to all Municipalities in West Bengal.
2. In this Act, unless there is anything repugnant in Derni.
tions.
.th e subject or context,—
(a) '"to attend recognised primary school" means to be _present for instruction at Such school for4o many and on such clays in the year and at such time or times on each day as may be determined by the School Committee for such school, sublect to sunk rules as may be made under section 16 and to tbe orders of the Education Department of the Stot,?
Government:
(b) "child" means a boy-or girl who is not less than six years and not more than eleven years of age or of other prescribed age
(c) "Commissioners" mean the persons for the time, haiiim appointed or elected to conduct the affairs of a Municipality constituted under the Bengal Ben. Aot "third inai Act. 1932, or the Coocb. Behar XV of Municipal Act, 1944, and include the
1932.
Cooch Councillors and Aldermen of the Corporation. in Behar Act '011audernag.ore established under the Chander- III of nagore Municipal Act,
1944.
West Ben. - Act XVIII of 1955.
1
2 The West Bengal Urban Primary Education. Act, 1963.
tWeSt Ben. Act
(Chapter 11.—Free and compulsory primary education in urban, areas.—Section 3.)
(d) "guardian" means any person on whom the case, nurture or custody of any child falls by law or by -natural right or recognised usage, or who has accepted or assumed the care, nurture or custody of any child or to whom the care or custody of any child has been entrusted by any lawful authority;
(e) "Municipality" means any place in which the Bengal Municipal Act, 1932, or the Coo J1 Behar Municipal Act, 1944, is in force,. an'd includes Chandernagore as defined in the Chanderna.gore - Municipal Act, 1955;
(f) "prescribed" means prescribed- by rules made under section 16;
(y) -"primary education" means such elementary education as may, from time to time, be laid down by the Education Department of the State Government by notification in the Official Gadette . for primary ,schools, . junior basic schools or fo,• any other type of schools for children; (h.) "recognised primary school" means a school or a department of a school appropriated to primary
• education and -for the time being , recognised by the Education Department of . the °State Government .for the purposes of such education;
(i) "School Committee" means a Committee constituted under -section 6.
CHAPTER II.
Free and compulsory primary education in urban areas. Statement 3. Within one year from the commencement of this Act to be or within such other period as may be .specified by the State submitted Government in this behalf, by notification in the Official by
Commis- Gazette, the Commissioners of every Municipality shall sioners. submit to the State Government a detailed statement, in such form as may be prescribed, containing -the following particulars -in respect of the Municipality; namely -: —
(a) the number of children within the Municipality;
•(b) the school accommodation and the staff of, and the -attendance at,. existing primary schools;
(a) the school accommodation, 'staff and equipment required if suitable and adequate provision were to be made for the free and compulsory primary education of all children referred to in clause (a);
2
7'he West. Bengal Urban Primary 'Education Act, 1963. 3 :XXVIII of 1963.]
(chapter. I1.—Free and compulsory primary education in urban areas.Section 4.)
(d) the manner in which and the periods within which it will be possible to provide the necessary school accommodation, staff and equipment referred to in clause (c) under the direct management and control of the Commissioners of the Municipality;
(e) the expenditure incurred by the Commissioners of the Municipality on primary education and the expenditure to be incurred annually in order to provide such school accommodation, staff and equipment;
(I) the receipts already available, and the income including the estimated -receipts from any education cess that may be imposed under section 15, to meet -such expenditure ; and
(g) the amount of grant or assistance from the Government which the • Commissioners of the Municipality consider would be necessary to enable them to provide for free and compulsory primary education within the Municipality, or any part thereof. -
4. (1) The State Government may, after considering the Primary statement submitted under section 3 and the conditions, and education
. the resources of the Commissioners, of the Municipality, and when to after :determining the amount of financial assistance from the he declared State Government which may be necessary in order to provide free and compul- for free and compulsory. primary education within the sory. Municipality or any part thereof, •direct the Commissioners of the Municipality to provide the necessary school
accommodation, star and equipment for all children
likely to attend _primary schools within the Municipality or . any part thereof, as the case may be, and to assume direct management and control of schools established for the purpose.
(2) Notwithstanding anything contained ir. subsection (1), the State Government may, at any time, by order, direct the Commissioners of a Municipality to subin'..t to it, within such time as may he specified in the order, a .scheme prepared in such manner as may be pregeribed for fr,..e and compulsory primary education within the Municipality or any port thereof for all children resident thereir,
(3) The State Government, after considering the scheme referred to in sub-section (2) and after determining the financial assistance from the State Government which may be necessary to provide for free and compulsory • primary education within the Municipality, may sanction such scheme with or without modification.
3
4 The West Bengal Urban Primary Education Act, 1963.
- [West Ben. Act
(Chapter 11.—lice and compulsory primary education in urban areas.—Section 5.)
(4) When a direction has been given under sub-section(1) or a scheme has been sanctioned under sub-section (3), the Commissioners of the Municipality concerned shall cause a notification to be issued declaring that primary education shall be free and compulsory for all children within the Municipality or any part thereof, as the case may be.
(5) Every notification issued under sub-section (4) shall be published in the Official Gazette and shall be posted up at the Municipal office and at such other places, as the Commissioners of the Municipality shall deem necessary, specifying the date on and from which primary. education shall be free and compulsory within. the Municipality, er arty part thereof,
(6) When primary education has been declared free and compulsory in any Municipality, or any part thereof, the Commissioners of the Municipality shall—
(a) maintain such administrative machinery as may be prescribed; and
(b) spend every year for the purposes of free and compulsory primary education within such Municipality or part—
(I) the proceeds of the education cess imposed therein during that year under section 15, and also all moneys received by them during
that year, including the income accruing
from, any fund held by them, for the said
purposes; and
(ii) such amount as they spent for primary education therein during the year preceding the commencement of this Act.
Explanation.—In this clause "year" has the same meaning as in the Bengal Municipal Act, 1932. Ben Act XV of
1932.
Adminis- 5. (1) The State Government may appoint a person who trative is in the service of the State Government as Administrative Of13eer. Officer for the implementation of the provisions of this Act in a Municipality or any part thereof, where primary education has been declared free and compulsory.
(2) The Administrative Officer shall exercise such powers, perform such functions and discharge such duties as may be prescribed.
4
The West Bengal Urban Primary Education Act, 1963. XXViii o 1963.]
(Chapter 1.—Free and compulsory primary education in urban, areas.—Sections 6-8.)
6. When a notification has been issued in any Munici- Constitu- pality under sub-section (4) of section 4, the CommisSioners tion of of the Municipality concerned shall appoint a School School Committee, to be constituted in such manner as may be Commit. prescribed, for the control and management of primary tee. schools within the Municipality and thereupon any
Ben. Act — XV of Education Committee constituted under the Bengal Munici-
I 1932. pal Act, 1932, or the Chandernagore Municipal Act, 1955,
West Ben. as the case may be, shall cease to have any jurisdiction
Ask XVIII of 1965. whatsover in respect of primary schools within such Municipality.
•
7. (1) In the area referred to in the notification issued Duty of
under sub-section (4) of section 4, it shall be the duty of the guardian guardian of every child, residing within that area, to cause to send such child to attend a recognised primary school unless, in child to the opinion of the School Committee, there is a reasonable school. excuse ,for the non-attendance of the child.
(2) Any of the following circumstances shall be deemed to be a reasonable excuse within the meaning of this section, namely :—
(a) that there is no recognised primary school within a distance of one mile from the residence of the child, measured by the shortest route; which the child can attend;
(b) that the child is prevented from attending the school by reason of sickness or infirmity;
(c) that the child is receiving education in some other satisfactory manner;.
(d) that the child has already completed primary education as defined in clause (g) of section 2;
(e) such other circumstances as may be prescribed.
. 8. (1) If the School Committee is satisfied that a Order of guardian, who is required under section 7 to cause a child Magistrate to attend a recognised primary school, has failed to do so, to compel it shall, after giving a warning in writing to such guardian, attend- apply to a Magistrate having jurisdiction for an order to ance. compel the guardian to cause the attendance of such child, and the Magistrate shall fix a day for the hearing of the application and cause notice thereof to be given to such guardian.
(2) On the day fixed for the hearing of the application or on any subsequent day to which it may be adjourned, and after hearing the guardian or his authorised agent, if present, the Magistrate, if satisfied that the facts alleged in the application are true, may pass an order directing the guardian to cause such child to attend a recognised primary school from a date to be specified in such order.
5
6 The West Bengal Urban Primary Education Act, 190.
[West Ben,AVX 1 (Chapter 11.—Free and compulsory primary education in urban areas.—Sections 9-14,)
Penally 9., (1). Any guardian who fails to comply with an order for passed under section 8 shall, on conviction., before a Magis- failure to trate, be liable to a fine not exceeding five rupees, and, if obey so ordered, also to a -recurring fine not exceeding one rupee order. for each day after the first during which he continues so to offend.
(2) No Magistrate shall take cognisance of an offence under this section except on the complaint of the School Committee.
Prohibi- 10. No person shall, without the permission of the tion of School Committee, employ any child who is required to employ- attend a recognised primary school under this Chapter :
ment of
children. Provided that such permission shall not be necessary if employment does not interfere with the attendance of the
"child at such school. Employ- 11. (1) The School Committee may prosecute any er's person who, after due warning, contravenes the provisions liability. of section 10.
(2) Unless such person satisfies the Magistrate that there is a reasonable excuse, within the meaning of sub-section(2) of section 7, for the non-attendance of the child, or that the time and nature of employment of the child are such that the child is not prevented from attending a recognised primary school, or that the child was taken into employment under false representations as to age? residence and other conditions, such person shall, on conviction before a Magis- trate, be liable to a fine not exceeding twenty rupees. Delegation 12. An application to a Magistrate under section 8 or
of some a complaint to a Magistrate under, section 9 or section
6
The TVedt Bengal Urban Primary Edu'cation Act, 1963. V xxviti of 1963.1
impter 1 II.—Education cess.—Section 15—Chapter 1V. —Supplemental.—Sections 16-19.)
CHAPTER I I 1 .
Education cess. •
15. (1) Ii' the existing resources of the Commissioners of any Municipality are not sufficient to cover the cost of (less. free and compulsory primary education within the Munici- pality, the Commissioners of the Municipality • shall, with the previous sanction of the State Government, impose an education cess, in such manner as may be prescribed, and all amounts derived therefrom shall be devoted solely to the purposes of free and compulsory primary education within the Municipality.
(2) The education cess shall. exceeding two be levied at such rate, not per cent. of the annual value of holdings within the Municipality, as may
rates may be prescribed for duff be prescribed and different erent Municipalities.
CHAPTER IV.
Supplemental.
• 16. (1) The State Government may make out the purposes of this Act. e rules to carry Power of
State
(2) Govern- In particular, and without - prejudice to the ment generality of the foregoing power, the State Government to make o_ im may make rules prescribing the manner in which— ruins.
-, (a) schemes under sub-section (2) prepared ; of section 4 shall be
(b) the education cess shall be 'levied.
(3)
* in the All rules made under this section shall be published Official
. Gazette.
17. All primary schools maintained by the Commis- sioners within a Municipality, or any part thereof, under Schools to be opened the provisions of this Act shall be open to inspection by the to inspec• inspecting officers of the Education Department of the State tion. Government and such other persons as the State Govern
may appoint in this behalf. -men] •
18. Every person authorised by the School Committee under section 12 and every officer and servant of the School C u ertCommittee, shall be deemed to be a public servant within pubar ain
illn
e.
Act XLV the meaning of section 21 of the Indian Penal Code. of 1860. servants.
Ben. 19. • 11,epe o
Act IV
of'1,119, repealed
The Bengal Primary Education Act, 1919, is hereby •ryen. Acic, f
1919.
11130 P.64,5 570A 3M
7