Difference between revisions of "Himachal Pradesh Compulsory Primary Education Act, 1997"

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{{Infobox acts
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|Total Sections=12
 +
|Enactment Date=3rd February, 1998
 +
|Act Year=1997
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|Enforcement Date=4th February,1998
 +
|State Act or Central=state
 +
|Contributor=Medha Shukla
 +
}}
 +
==Intro==
 
(Received the assent of the Governor on 3-2-1998 and was published
 
(Received the assent of the Governor on 3-2-1998 and was published
 
both in Hindi and English in R.H.P. (Extra-ordinary), dated 4.2.1998, p. 445-
 
both in Hindi and English in R.H.P. (Extra-ordinary), dated 4.2.1998, p. 445-
Line 13: Line 22:
 
(a) "appointed day" means the 1st day of April, 1998;
 
(a) "appointed day" means the 1st day of April, 1998;
  
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
 
Objects and Reasons see R.H.P. (Extra-ordinary), dated 12.12.1997, pages 4711
 
and 4716.
 
2 H. P.COMPULSORY PRIMARY EDUCATION ACT, 1997
 
 
(b) "child" means child whose age is not less than six, and not more
 
(b) "child" means child whose age is not less than six, and not more
 
than eleven years ;
 
than eleven years ;
 +
 
(c) "Government school" means a school established and
 
(c) "Government school" means a school established and
 
maintained by the State Government;
 
maintained by the State Government;
 +
 
(d) "local authority" means a Gram Panchayat, Panchayat Samiti,
 
(d) "local authority" means a Gram Panchayat, Panchayat Samiti,
 
Zila Parishad, Nagar Panchayat, Municipal Council or
 
Zila Parishad, Nagar Panchayat, Municipal Council or
 
Municipal Corporation ;
 
Municipal Corporation ;
 +
 
(e) "parent" includes guardian or any person who has the actual
 
(e) "parent" includes guardian or any person who has the actual
 
custody or is in charge of a child ;
 
custody or is in charge of a child ;
 +
 
(f) "primary education" means such instruction in reading, writing
 
(f) "primary education" means such instruction in reading, writing
 
and arithmetic, as may be prescribed for the time being at the
 
and arithmetic, as may be prescribed for the time being at the
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the State Government or the local authority with the approval of
 
the State Government or the local authority with the approval of
 
the prescribed authority ;
 
the prescribed authority ;
 +
 
(g) "primary school" means a school in which instruction in
 
(g) "primary school" means a school in which instruction in
 
primary education is given ;
 
primary education is given ;
 +
 
(h) "prescribed" means prescribed by rules made under this Act
 
(h) "prescribed" means prescribed by rules made under this Act
 +
 
(i) "prescribed authority" means an authority notified as such by
 
(i) "prescribed authority" means an authority notified as such by
 
the State Government whether generally or for a particular
 
the State Government whether generally or for a particular
 
purpose;
 
purpose;
 +
 
(j) "school committee" means a committee appointed under the
 
(j) "school committee" means a committee appointed under the
 
provisions of section 4 of this Act ;
 
provisions of section 4 of this Act ;
 +
 
(k) "State Government" means the Government of Himachal
 
(k) "State Government" means the Government of Himachal
 
Pradesh; and
 
Pradesh; and
 +
 
(l) "to attend a primary school" means to be present for instruction
 
(l) "to attend a primary school" means to be present for instruction
 
at such school, on such days in the year, at such times or time
 
at such school, on such days in the year, at such times or time
 
and for so many hours on each day of attendance, as may be,
 
and for so many hours on each day of attendance, as may be,
 
fixed by the prescribed authorities.
 
fixed by the prescribed authorities.
 +
 +
 
3. Compulsory primary education.- From the appointed day the
 
3. Compulsory primary education.- From the appointed day the
 
primary education of children shall be compulsory in the State.
 
primary education of children shall be compulsory in the State.
 +
 
4. Appointment of a school committee.- (1) The prescribed authority
 
4. Appointment of a school committee.- (1) The prescribed authority
 
shall appoint one or more committees for the purpose of exercising the powers
 
shall appoint one or more committees for the purpose of exercising the powers
 
and performing the duties of the school committee under this Act.
 
and performing the duties of the school committee under this Act.
 +
 
(2) The composition of the school committee, the procedure of
 
(2) The composition of the school committee, the procedure of
 
nomination and removal of its members, their term of office, their
 
nomination and removal of its members, their term of office, their
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vacancies, the dissolution of the school committee and the procedure for the
 
vacancies, the dissolution of the school committee and the procedure for the
 
conduct of its business, shall be such as may be prescribed.
 
conduct of its business, shall be such as may be prescribed.
 +
 
(3) Subject to the provisions of this Act and the rules made
 
(3) Subject to the provisions of this Act and the rules made
 
thereunder, the school committee shall exercise and discharge the following
 
thereunder, the school committee shall exercise and discharge the following
 
powers and functions, namely:-  
 
powers and functions, namely:-  
  H. P.COMPULSORY PRIMARY EDUCATION ACT, 1997 3
+
   
 
(a) to propagate the spread of primary education among the
 
(a) to propagate the spread of primary education among the
 
children and parents in its area ;
 
children and parents in its area ;
 +
 
(b) to recommend any changes which may seem to the school
 
(b) to recommend any changes which may seem to the school
 
committee to be necessary in the hours of work, holidays and
 
committee to be necessary in the hours of work, holidays and
 
vacations in the schools in its area ;
 
vacations in the schools in its area ;
 +
 
(c) to make arrangements to provide such facilities and to supervise
 
(c) to make arrangements to provide such facilities and to supervise
 
the implementation of such schemes including mid-day meal
 
the implementation of such schemes including mid-day meal
 
scheme, as may be prescribed to the children attending schools
 
scheme, as may be prescribed to the children attending schools
 
in its area;
 
in its area;
 +
 
(d) to recommend exemptions from compulsory attendance at
 
(d) to recommend exemptions from compulsory attendance at
 
school under this Act;
 
school under this Act;
 +
 
(e) to maintain an up-to-date list of children liable to attend school
 
(e) to maintain an up-to-date list of children liable to attend school
 
in its area and to obtain and keep record of such other
 
in its area and to obtain and keep record of such other
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the attendance of children at school and of preventing
 
the attendance of children at school and of preventing
 
interference with such attendance.
 
interference with such attendance.
 +
 
(f) to report the cases of absence or late attendance of primary
 
(f) to report the cases of absence or late attendance of primary
 
school teachers and non-teaching staff posted in schools in its
 
school teachers and non-teaching staff posted in schools in its
 
area ; and
 
area ; and
 +
 
(g) to render all necessary help to Government officials engaged in
 
(g) to render all necessary help to Government officials engaged in
 
the work of compulsory primary education in its area.
 
the work of compulsory primary education in its area.
 +
 +
 
5. Duty of parents to cause children to attend school.- The parents
 
5. Duty of parents to cause children to attend school.- The parents
 
of every child shall, if such child ordinarily resides in the State, in the absence
 
of every child shall, if such child ordinarily resides in the State, in the absence
 
of a reasonable excuse, cause such child to attend primary school.
 
of a reasonable excuse, cause such child to attend primary school.
 +
 +
 
6. Issue of attendance order by the school committee.- Where the
 
6. Issue of attendance order by the school committee.- Where the
 
school committee is satisfied that a parent who is bound under the provisions
 
school committee is satisfied that a parent who is bound under the provisions
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the parent to cause child to attend a primary school from a date which shall be
 
the parent to cause child to attend a primary school from a date which shall be
 
specified in the order.
 
specified in the order.
 +
 +
 
7. Penalty for failure to obey attendance order.- (1) Any parent
 
7. Penalty for failure to obey attendance order.- (1) Any parent
 
against whom an order has been passed under section 6 and who, without
 
against whom an order has been passed under section 6 and who, without
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Magistrate or a Gram Panchayat, be liable to a fine not exceeding two
 
Magistrate or a Gram Panchayat, be liable to a fine not exceeding two
 
hundred rupees.
 
hundred rupees.
 +
 
(2) Any parent who having been convicted for an offence under subsection (1) continues to disobey the order passed under section 6 shall be
 
(2) Any parent who having been convicted for an offence under subsection (1) continues to disobey the order passed under section 6 shall be
 
liable to further fine which may extend to five rupees, for every day after the
 
liable to further fine which may extend to five rupees, for every day after the
 
date of the first conviction during which he has been proved to have persisted
 
date of the first conviction during which he has been proved to have persisted
 
in disobeying the order.
 
in disobeying the order.
 +
 
8. Penalty for employing child liable to attend primary school.
 
8. Penalty for employing child liable to attend primary school.
 
Any person who shall, during the prescribed hours of attendance at school,  
 
Any person who shall, during the prescribed hours of attendance at school,  
4 H. P.COMPULSORY PRIMARY EDUCATION ACT, 1997
 
 
utilize on his own behalf or on behalf of any other person, in connection with
 
utilize on his own behalf or on behalf of any other person, in connection with
 
any employment, whether for remuneration or not, the services of any child
 
any employment, whether for remuneration or not, the services of any child
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school, shall, on conviction before a Magistrate or a Gram Panchayat be liable
 
school, shall, on conviction before a Magistrate or a Gram Panchayat be liable
 
to a fine not exceeding rupees five hundred.
 
to a fine not exceeding rupees five hundred.
 +
 +
 
9. Cognizance of offences.- No court shall take cognizance of an
 
9. Cognizance of offences.- No court shall take cognizance of an
 
offence under section 7 or section 8 except on the complaint of or on
 
offence under section 7 or section 8 except on the complaint of or on
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be authorised by the school committee or by the State Government by general
 
be authorised by the school committee or by the State Government by general
 
or special order in this behalf.
 
or special order in this behalf.
 +
 +
 
10. Provision of primary education by the State Government.- The
 
10. Provision of primary education by the State Government.- The
 
State Government shall make facilities for primary education available in the
 
State Government shall make facilities for primary education available in the
 
State.
 
State.
 +
 +
 
11. Power of State Government to make rules.- (1) The State
 
11. Power of State Government to make rules.- (1) The State
 
Government may, after previous publication, make rules for the purpose of
 
Government may, after previous publication, make rules for the purpose of
 
this Act.
 
this Act.
 +
 +
 
(2) In particular and without prejudice to the generality of the powers
 
(2) In particular and without prejudice to the generality of the powers
 
conferred by sub-section (1), the State Government may make rules,-
 
conferred by sub-section (1), the State Government may make rules,-
 
(a) prescribing under clause (f) of section 2 the range of instruction
 
(a) prescribing under clause (f) of section 2 the range of instruction
 
in primary schools ;
 
in primary schools ;
 +
 +
 
(b) determining generally what shall be considered to be adequate
 
(b) determining generally what shall be considered to be adequate
 
provision for compulsory primary education ;
 
provision for compulsory primary education ;
 +
 +
 
(c) requiring the local authority to prepare and publish a register of
 
(c) requiring the local authority to prepare and publish a register of
 
children in its area ;
 
children in its area ;
 +
 
(d) the manner in which the committees shall be constituted, the
 
(d) the manner in which the committees shall be constituted, the
 
procedure of nomination and removal of its members and their
 
procedure of nomination and removal of its members and their
 
qualification and disqualification, duties, power and
 
qualification and disqualification, duties, power and
 
responsibility;
 
responsibility;
 +
 
(e) the steps which the school committee may take to secure
 
(e) the steps which the school committee may take to secure
 
attendance of children at school and the conditions under which
 
attendance of children at school and the conditions under which
 
leave of absence from school may be allowed ;
 
leave of absence from school may be allowed ;
 +
 
(f) the jurisdiction of each school committee where more than one
 
(f) the jurisdiction of each school committee where more than one
 
school committees are appointed ;
 
school committees are appointed ;
 +
 
(g) the relations to be observed between the school committees and
 
(g) the relations to be observed between the school committees and
 
any education committee of any local authority that may have
 
any education committee of any local authority that may have
 
been appointed under any other Act; and
 
been appointed under any other Act; and
 +
 
(h) the matters which are to be and may be prescribed.
 
(h) the matters which are to be and may be prescribed.
 +
 
(3) Every rule made under this Act, shall as soon as possible, after
 
(3) Every rule made under this Act, shall as soon as possible, after
 
it is made or issued, be laid on the Table of the Legislative
 
it is made or issued, be laid on the Table of the Legislative
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so laid or the next session, the Assembly makes any
 
so laid or the next session, the Assembly makes any
 
modification in any such rule or notification or the Assembly  
 
modification in any such rule or notification or the Assembly  
  H. P.COMPULSORY PRIMARY EDUCATION ACT, 1997 5
+
   
 
decides that rule should not be made, the rule shall thereafter
 
decides that rule should not be made, the rule shall thereafter
 
have effect only in such modified form or be of no effect, as the
 
have effect only in such modified form or be of no effect, as the
Line 151: Line 202:
 
annulment shall be without prejudice to the validity of anything
 
annulment shall be without prejudice to the validity of anything
 
previously done or omitted to be done under that rule.
 
previously done or omitted to be done under that rule.
 +
 
12. Repeal and savings.- (1) The Himachal Pradesh Compulsory
 
12. Repeal and savings.- (1) The Himachal Pradesh Compulsory
 
Primary Education Act, 1953 (7 of 1954) is hereby repealed.
 
Primary Education Act, 1953 (7 of 1954) is hereby repealed.
 +
 
(2) Notwithstanding such repeal, anything done or any action taken
 
(2) Notwithstanding such repeal, anything done or any action taken
 
under the Act so repealed shall be deemed to have been done or taken under
 
under the Act so repealed shall be deemed to have been done or taken under
 
the corresponding provisions of this Act, as if, this Act was in force on such
 
the corresponding provisions of this Act, as if, this Act was in force on such
 
date on which such thing was done or action was taken.
 
date on which such thing was done or action was taken.
 +
 +
====Citation====

Latest revision as of 13:48, 14 August 2019

Himachal Pradesh Compulsory Primary Education Act, 1997
Total Sections12
Enactment Date3rd February, 1998
Act Year1997
Enforcement Date4th February,1998
State Act or Centralstate
Contributor NameMedha Shukla
ASSN 42305

Intro

(Received the assent of the Governor on 3-2-1998 and was published both in Hindi and English in R.H.P. (Extra-ordinary), dated 4.2.1998, p. 445- 448 -452 ). An Act to re-enact the law relating to the compulsory attendance of children in primary schools in Himachal Pradesh. BE it enacted by the Legislative Assembly of Himachal Pradesh in the Forty-eighth Year of the Republic of India as follows :- 1. Short title and extent.- (1) This Act may be called the Himachal Pradesh Compulsory Primary Education Act, 1997. (2) It extends to the whole of the State of Himachal Pradesh. 2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,- (a) "appointed day" means the 1st day of April, 1998;

(b) "child" means child whose age is not less than six, and not more than eleven years ;

(c) "Government school" means a school established and maintained by the State Government;

(d) "local authority" means a Gram Panchayat, Panchayat Samiti, Zila Parishad, Nagar Panchayat, Municipal Council or Municipal Corporation ;

(e) "parent" includes guardian or any person who has the actual custody or is in charge of a child ;

(f) "primary education" means such instruction in reading, writing and arithmetic, as may be prescribed for the time being at the primary school level by the State Government and such instruction in other subjects, if any, as may be determined by the State Government or the local authority with the approval of the prescribed authority ;

(g) "primary school" means a school in which instruction in primary education is given ;

(h) "prescribed" means prescribed by rules made under this Act

(i) "prescribed authority" means an authority notified as such by the State Government whether generally or for a particular purpose;

(j) "school committee" means a committee appointed under the provisions of section 4 of this Act ;

(k) "State Government" means the Government of Himachal Pradesh; and

(l) "to attend a primary school" means to be present for instruction at such school, on such days in the year, at such times or time and for so many hours on each day of attendance, as may be, fixed by the prescribed authorities.


3. Compulsory primary education.- From the appointed day the primary education of children shall be compulsory in the State.

4. Appointment of a school committee.- (1) The prescribed authority shall appoint one or more committees for the purpose of exercising the powers and performing the duties of the school committee under this Act.

(2) The composition of the school committee, the procedure of nomination and removal of its members, their term of office, their qualifications and disqualifications for continuing as members, the filling of vacancies, the dissolution of the school committee and the procedure for the conduct of its business, shall be such as may be prescribed.

(3) Subject to the provisions of this Act and the rules made thereunder, the school committee shall exercise and discharge the following powers and functions, namely:-

(a) to propagate the spread of primary education among the children and parents in its area ;

(b) to recommend any changes which may seem to the school committee to be necessary in the hours of work, holidays and vacations in the schools in its area ;

(c) to make arrangements to provide such facilities and to supervise the implementation of such schemes including mid-day meal scheme, as may be prescribed to the children attending schools in its area;

(d) to recommend exemptions from compulsory attendance at school under this Act;

(e) to maintain an up-to-date list of children liable to attend school in its area and to obtain and keep record of such other information as may be necessary for the purpose of enforcing the attendance of children at school and of preventing interference with such attendance.

(f) to report the cases of absence or late attendance of primary school teachers and non-teaching staff posted in schools in its area ; and

(g) to render all necessary help to Government officials engaged in the work of compulsory primary education in its area.


5. Duty of parents to cause children to attend school.- The parents of every child shall, if such child ordinarily resides in the State, in the absence of a reasonable excuse, cause such child to attend primary school.


6. Issue of attendance order by the school committee.- Where the school committee is satisfied that a parent who is bound under the provisions of section 5 to cause the child to attend a primary school has failed to do so, the school committee may, after giving the parent an opportunity of being heard, and after such inquiry as it considers necessary, pass an order directing the parent to cause child to attend a primary school from a date which shall be specified in the order.


7. Penalty for failure to obey attendance order.- (1) Any parent against whom an order has been passed under section 6 and who, without reasonable excuse has failed to obey such order, shall on conviction before a Magistrate or a Gram Panchayat, be liable to a fine not exceeding two hundred rupees.

(2) Any parent who having been convicted for an offence under subsection (1) continues to disobey the order passed under section 6 shall be liable to further fine which may extend to five rupees, for every day after the date of the first conviction during which he has been proved to have persisted in disobeying the order.

8. Penalty for employing child liable to attend primary school. Any person who shall, during the prescribed hours of attendance at school, utilize on his own behalf or on behalf of any other person, in connection with any employment, whether for remuneration or not, the services of any child whose parent is required under the Act to cause him to attend a primary school, shall, on conviction before a Magistrate or a Gram Panchayat be liable to a fine not exceeding rupees five hundred.


9. Cognizance of offences.- No court shall take cognizance of an offence under section 7 or section 8 except on the complaint of or on information received from the school committee, or from such person as may be authorised by the school committee or by the State Government by general or special order in this behalf.


10. Provision of primary education by the State Government.- The State Government shall make facilities for primary education available in the State.


11. Power of State Government to make rules.- (1) The State Government may, after previous publication, make rules for the purpose of this Act.


(2) In particular and without prejudice to the generality of the powers conferred by sub-section (1), the State Government may make rules,- (a) prescribing under clause (f) of section 2 the range of instruction in primary schools ;


(b) determining generally what shall be considered to be adequate provision for compulsory primary education ;


(c) requiring the local authority to prepare and publish a register of children in its area ;

(d) the manner in which the committees shall be constituted, the procedure of nomination and removal of its members and their qualification and disqualification, duties, power and responsibility;

(e) the steps which the school committee may take to secure attendance of children at school and the conditions under which leave of absence from school may be allowed ;

(f) the jurisdiction of each school committee where more than one school committees are appointed ;

(g) the relations to be observed between the school committees and any education committee of any local authority that may have been appointed under any other Act; and

(h) the matters which are to be and may be prescribed.

(3) Every rule made under this Act, shall as soon as possible, after it is made or issued, be laid on the Table of the Legislative Assembly and if, before the expiry of the session in which it is so laid or the next session, the Assembly makes any modification in any such rule or notification or the Assembly

decides that rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

12. Repeal and savings.- (1) The Himachal Pradesh Compulsory Primary Education Act, 1953 (7 of 1954) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Act so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act, as if, this Act was in force on such date on which such thing was done or action was taken.

Citation