The Assam Elementary Education Act, 1968

ASSAM AC T XVII OF 1969 [R eceiv ed th e as se nt o f the Governor o n the 5th Au gu st, 1969j TH E ASSAM ELE MENTARY ED UC AT ION ACT , 1968 - (Pub lished in th e Assam Gazette E xtr aor din ary , dated the 9th £ August, 1969) An Act to p rovid e for the m an ag em en t and co nt ro l o f el em en ta ry educa tion a nd f or fre e co m pu lsor y elem en tary ed uc at ion in Assam Preamble. Whereas it is expe dien t to make provision for expansion , manag ement , imp rovement an d con trol of elem enta ry educat ion ; And Whereas it is fur the r expedient th at free an d compu lsory elem enta ry education shall be int ro­ duc ed in the State of Assam in gra dual stages ; It is hereby enacted in the Nin eteenth Yea r c / She Republic o f Ind ia as follows PA RT I CHAPTER I Pr el im in ar y Short title Th is Act may be called the Assam Elemen- extent and tar y Educa tion Act, 1968. comtnence- (2) It extends to the whole of Assam except the autonom ous dist rict s: Prov ided t ha t the Governor may , with the consent of the D istr ict Council concerned, extend all or any o f the provisions of this Act to all or any of the autonomous distric ts on such da te or dates as may be notified in this behalf. (3 ) It shall come into force on such date as the State Gov ernment may, by not ifica tion in the Official Gazette , app oint. Definitions/ Act, unless ther e is any thin g repugn ant in the subject or con text — (a) “area of compulsion” m eans an area specified forth e purpose of makin g elem entary educ a­ tion compu lsory under sect ion 42 ; 2 9 <9 (b) “a ttendance au tho rity” means any person app oin ted to be an att endan ce authority under section 48; ’ » 0 “ Autonomous dis tric t” means the auton o­ mous distr icts under the Sixth Schedu le to the Con stitutio n of India ; (J) “ Basic T raini ng Ce ntr e” means an Insti tu­ tion in which teachers are tra ine d in Basic Educa tion ; («) “Block Developmen t Office r” means the Executive Officer app oin ted by the Governm ent to be in-charge of a Communi­ ty Develop men t Block ; ( / ) “ Ch ild ” means a person of either sex who has com pleted five years of age and has not exceeded fourteen years or of such age as the Sta te Governmen t may , from time to time, prescribe ; X • ■ v Yv (g) “Dist rict Council” means a District Council constitu ted under sub -pa rag rap h (I) of pa rag rap h 2 o f the Sixth Schedule to the Constitu tion of India ; fA) “elem enta ry educat ion” means education up to such class or sta ndard , as may be prescribed ; (») “ elem enta ry school” means a school where elem entary edu cat ion is impar ted ; ( j) “g ua rd ian” means the person to whom the duty of taking care of, b ring ing u p or the custody of the child has been ent rus ted by law or custom, or by any lawful author ity, or who has in fact accepted or assumed such duty , or has actu al custody of such child or where such guard ian cannot be readily as cer tain ed such person as the local \ authority shall decid e ; $£) “ local au thor ity ” means a Municipal Board * . A . t as defined in the Assam Municipal Act, xV of 1956, a Tow n Com mitt ee as estab lished 1957. under sec tion 335 o f the sa id Act, a n Ancha- lik Pancha yat and a Gaon Panch aya t es tab­ lished under the Assam Panchayat Act 1959: __ c <3» 3 Provided that the R egional Board shall be deem ed as local autho rity in respect * of schools which are not maintained and managed by the Municipal Board, Town Com mitt ee, Anchalik Panch aya t and Gaon <■> ~ Panchayat; (/) “ manag ement ” means and includes such powers and functions in respect of the local auth ori ties and of Di stric t Councils as have been laid down in this Act ; (di) “ noti ficat ion” means a notif icat ion publ ish­ ed in the official Gazet te ; (n) “prescrib ed” means prescribed by rules mad e under this A c t; (o) “ recognised school” means a school recog­ nised under thi s Act ; (p) “ State Board ” means the Sta te Board for Elem enta ry Educ ation constitu ted undet section 3 ; (5) “ Existing teachers” mean the teachers Assam Act appoint ed or deemed to have been appoint- XXX el ed under the Assam Elem entary Educa tion l 9 G2. Act , 1962 and the teachers ap poin ted by the Governm ent and take n over by the Sta te Board unde r section 35 (2). CHAPTER II State Board— its constitution, powers and functions State Board. 3.( 1) The Sta te Governme nt shall con stitu te a Sta te Board for Elementary Educa tion for manage­ ment, improve men t and expansion of Elem enta ry Edu cati on in the State and to advise the Government on matter s rel ating to Elem enta ry Edu cation. (2) The Sta te Board shall be a body corporate with perpe tua l succession and a common seal, an d shall sue and be sued by the name of the State Board for Elementary Education. It shall be competent to acquire and to hold movable and immovable propert y, to trans fer any such proper ty so held by it, and to do all oth er acts neces­ sary for carry ing ou t its duties and funct ions under this Act an d the rules mad e thereu nder. 4 Constitu tion 4. (1) Th e State Board shall b^ cons tituted with °f t a t the following members— ' > Bsard. (z) Th e Minister of Educ atio n, by virtue of his office, shall be the Cha irm an of the State » Board. (zz) Th e Min iste r of Sta te for Educ ation or the Deputy Min ister of Education, as the case may be, by v irtu e of his office shall be the V ice-Chairman of the Board . (mi) The Secretary of Education. (in) The Directo r of Pub lic Instructions, by virtue o f his office. (r) Th e Add itional Di rec tor of Public Ins­ truc tions, by virtue of his office. (D) The Addit ional Directo r of Public Inst ruc tions, Hills by vir tue o f his office. (ri i) Th e Jo in t Directo r of Public Ins truc­ tion or t he Of ficer-in-charge of Elem entary Educa tion by wha teve r nam e he may be designated, by virtu e o f his office, shall be the Secretary of the S tate Board. (rzzz) Th e Deputy Director of Publ ic Ins­ truction, in-charge of Wom en’s Education. ■n-x. (zx) All the Inspecto rs of Schools of the Plains Dist ricts , by virtu e of the ir offices who shal l be the Jo in t Secretar ies of the Sta te Board. (x) The Principa l o f Sta te Ins titu te o f Education. (xz) Seven repre sentative s to be elected by the Assam Legislative Assembly from amongst its members. (xzz) Members not exceeding seven in num ber including one woman educationist to be nom inated by the Sta te Governm ent to serve such inte rest a nd area s as, in t he opinion of the State Gover nment , should specia lly be represen ted. o 5 > #> (xm) Two repre sentatives of teachers one from Lcwer Primary Schools a nd one from Middle Vernacular Schools to be nom ina­ ted by the State Government. (xiv} One represe ntat ive from each Auto­ nomous Dis tric t to which the provision of this Act may be extended under section 1(2 (2) No person shall be ent itled to con tinu e as a member unde r clause (xi) of sub-section (1) if he ceases to be a memb er of the Legislative Assembly. *•S (3) No person nominate d or app oinled by virtu e of his office u nder this section shall con tinu e to be a member of th e Sta te Board, if he ceases to hold th at office. (4) Eleven members shal l form the quorum. o ft h e n a n ie s s o o n a s Sta te Board has been con- of members sti tut ed , the names of the mem bers thereof shall be of the State notified by the Sta te Government. Bo ard. Terms of 6. (1) Subject to oth er provisions of this Act, office o f the every member of the S tate Board shall hold office for the”1 'sta te a t e r m b°u r ye a r s from the date on which the B oard ." noti ficat ion under section 5 has been pub lish ed. On the expiry of such term , a mem ber shall be eligible for re-app oin tme nt or re-election. (2) A casual vacancy occurring in the Sta te Board at any time during the term o f four years shal l be filled for the rem ain ing period of the term in the same ma nner in which the membersh ip was orig inally filled up. (3) Th e Sta te Board shall be competen t to exer­ cise all its powers at any time notwithstand ing any vacancy or vacancies in its mem bership rem ain ing unfilled for th e time being. (4) Notwithstand ing the expiry of four years Spe­ cified in sub-section (1), every member of the State Board shall con tinue to hold office until the first meet ing of the next State Board a t which a quo rum is presen t. Rei igna tio n 7. Any mem ber of the Sta te Board may resign °hi™e m b e r" bis mem bership at any time by giving notice thereof in wri ting to the Secretary who shall forw ard the same to the State Government. The member shall be ■ deem ed to have vaca ted his mem bership as soon as the S tate Government has acc epted his res ignation. I K 9 6 Cessatio n o f 8. Any mem ber of the Sta te Board who is not membership, a m c m [3 e r b y virt ue of office may be removed from office by the Sta te Governm ent if he is absent for three consecut ive meetings the reo f and fail to offer reasons for such absence which are considered sufficient by the S tate Gov ernmen t. Rem oval of 9. The Sta te Governm ent may of its own motion members, or on the reco mm end atio n of the Sta te Board remove any mem ber o f the Sta te Board if the Sta te Govern­ ment is satisfied that he has been guilty of misco nduc t in the discharge of his duties as such member or of any c onduct involving moral turpitude or has become incapable of performing such duties by reason o f any physical o r m ent al infirmity t Provided that no such mem ber shall be so removed unless the recommenda tion , when the re be any, for such removal has been mad e by a resolution passed in a m eeting of the Sta te Board in which at least two- thirds of the total num ber of members w ere present : Prov ided fur the r that no member shall be so removed by the Sta te Governmen t of its own motion nor shall any resolu tion recommending his removal be of any effect, unless he has previously been given a reasonable opp ortunity of showing cause wliy he should not be so rem oved or why such reco mmenda­ tion should not be made. Meeting of 10. (1) Ordin ary meeting—The S tate Board shall the Sta te meet not less than twice a yea r, bu t six months shall B o a rd - not ord inarily inte rvene betw een two successive meerings. o V (2) Special meet ings—T he Secre tary of the State Boa rd may, at any time, and shall upon requis i­ tion m ade by not less than one-t hird of the non-offic ial mem bers o f the Board, and on a da te not more than twen ty-one days of the receip t of such requ isit ion, call a special mee ting o f the Board. (3) Th e Cha irman and in his absence the Vice-Chairm an shall pres ide over the meetin g o f the State Board, an d in the absence o f both the members presen t sha ll elect one of them to pres ide over the meeting. (4) Th e procedure to be followed in the meeting and the perio d of notice of the meeting shall be as prescribed. Q* t 7 Powers and duties of the Chairman and Vice- Chairman. Rules of business. 11. (1) It shall be the duty of the Chairma n and Vice-Chairman to see th at the provis ions of this Act and the rules and regu lations made there under are duly observed and the decisions of the Sta te Board are duly imp lem ented by the Secre tary of the State Board and they shall have all the powers necessary for this purpose. (2) The Chairma n snail have power to direct the Secreta ry to convene a meeting of the Sta te Board. (3 ) Whe n any emergency arises in course o f the adm inis trat ive business of the Sta te Board which , in the opin ion of the Qhairm an, requires an immedia te action, h e sha ll take such action as he deems necessary and r epo rt his ac tion to the Board at its nex t meeting for appro val. (4) The Chairm an and the Vice-C hai rman shall exercise such oth er powers as may be prescribed. 12. Th e Sta te Board shall perform its duties and carry out its functions in acco rdan ce wi th such rules o f business as may be prescr ibed. Powers and 13. Th e Sta te Board shall have the following functions powers a nd funct ions, namely :— State B oatd. (a) to l ay down principles or norms for sanct ion of non-rec urr ing grants to elem entary schools for ma intena nce of school buildings, provision of fu rni ture, educat ional aids and equ ipments as may be found necessary from time to time ; (b) to supervise and regula te the activ ities o f the Regional Boards ; (c) to lay down procedure and condi tions of granting financial assistance to schools o f pre-ele men tary stage ; (d) to form ulate rules for constitu tion , dissolu­ tion , functions and dutie s of the Managing Committees of elem entary schools under the Sta te Board ; (e) to lay down principles, condi tions and manner of recognit ion, ama lgam ation, expansion, opening and closing of elem enta ­ ry schools as may be necessary fro m time to time and to make financial allotm ent to the Regional Boards for ca rry ­ ing out the ir funct ions under this A c t; 8 (f) to lay down the pa tte rn and strength of s office staff in the offices o f the Secretary o f the S tate Board and of the Secretaries of ' » the Regional Boards as recommended by the Executive Committee constitu ted under section 14 and to create such posts as may < s be necessary from time to t ime ; (g) to appoint , transfer , disch arge, dismiss or otherwise punish the employees of the offices of the State Board and Reg ional Boards ; (h) to create such posts of' officers of the Sta te Board as may be found necessary from time to time with prior app roval of State Government ; (i) to hold such tests or examinations at such stages of elementary educat ion as may be deemed necessary by the Sta te Board ; (j) to cons titute comm ittee or committ ees for the purpose o f conduc ting exam inations or -? for any other purposes ; (kl to lay down the p att ern and strength of the teaching s taf f of elem enta ry schools, quali ­ fications required of teachers and to lay down the m anner, method a nd procedure of the ir recruitmen t an d to arr ange for such tests o r exam inations as may be necessary for se lection of c andidates for teac hersbip ; (l) to make such regulations as may be neces­ sary with the app rov al of Sta te Govern­ me nt ; (m) to formulate rules govern ing the provide nt fund o f the employees of the State Board ; (n) to form ulate rules of conditions of service of teachers of elementa ry schools includ ing the ir conduc t rules ; ' (o) to levy such exam inat ion fees as may be V*“ necessary and to lay down rates of rem u­ neratio n to pap er setters, invig ilators, tabula tors , examiners and o thers in connec ­ tion wi th different examinations ; J (p) to write off unrecoverab le loans and advances and value of pro per ty irrecove r­ ably lost : Provided that such wri ting off shall requ ire State Go ver nm ent ’s p rior app roval where the value of the loan or proper ty exceeds Rs.5 000 in each case ; (q) to delegate any of its powers as may be found necessary to the Executive Comm it­ tee constitu ted unde r section 14 or to any officer inclu ding ex-officio officers by a resolut ion of the Board ; t 9 x fr) to do any oth er act which the S tat e Board - ■ considers necessary for carry ing out the purposes of this Act fully and effectively. Executive 14. (1) Th ere shall be an Executive Comm it- * •f° theSt*te t e e t î e Sta te Board consisting of the following :— heard. (i) The Minister of Educa tion o r the Min iste r of Sta te for Educa tion or the Deputy Minis ter for Edu cati on, as may be notified by the State Governm ent, shal l be the Pres iden t of the Execu tive Com mit tee. (ii) Direc tor of Pu bli c I nstr uct ion , Assam—Vice- Preside nt—Ex-Officio. (iii) Add itional Directo r of Publ ic Ins tructio n, Assam—Mem ber—Ex-Officio. (iv) One mem ber from each Plains Distri ct, one “ member from each Hills Dis trict to which the provis ion of this Act is exte nded and one wom an mem ber to be elec ted by the Sta te Board from amongst i ts mem bers . (v) The Secreta ry of the State Board, Assam—Secre tary'—Ex- Officio. -- -v J (2) Th e Execu tive Comm itte e shall exercise such powers and perfo rm such duties as m ay be dele gate d to it by the S tat e Board. The Com mit tee shall mee t as and when occas ion arises bu t n ot less than four times a y ear. Responiibi* 1 5. Notwi thst and ing a nything con tained in this li ty of th e Act, the responsibility of pro per adminis trat ion, an d Stat e Go* supervisio n o f elementary education and of arrange* vernment. m e n t s o f inspection and o f pro per tra ining o f teachers shal l lie with the State Governm ent. Th e Sta t Governm ent shall also dete rmine the cur riculu m and durat ion , standard and syllabus of the course of in ­ stru ctio n to be imparted in an elem entary school.. Powers and 16. Th e] Secretary of the Sta te Board shall be duties of the the Princ ipa l A dminis trat ive Officer of the Board and Secretary . shal l exercise such powers and perfo rm such duties as may be req uir ed for carrying out the purposes of this Act. He shall also perform such oth er duties and exercise such other powers as may be prescribed, provided the S ecretary shall be subject to control of the Exec utive Com mit tee i n respec t of such matters as m ay be dele gate d to the Executive Com mitt ee by the State Board under section 14\2) of this Act. X 9 10 The Jo in t I7 t The Jo in t Secretary of the Sta te Board ' their^ower have the following powers an d fun ctions, » w an d func* na mely: *loas< . (a) to inspect and superv ise the offices of the Secreta ries of the Regio nal Board constitu- 01 ted under section 18(1) under his jur isd ict ion ; (b) to ensure pro per observance by the Regiona l Boards of the rules and regulations and directions of th e State Gov ernment ; (c ) to ensure p roper observance by the Regional Boards of the rules and regulations and direct ion s of the State Board ; (d) to hear appeals aga inst the decisions of the Secreta ry of the Reg ional Board within his jur isd iction in the ma nner prescr ibed ; (e) to take disc iplinary actions aga inst such employees of the Sta te Board and in such matter s as m ay be prescribed ; (f) to transfer employees of the Sta te Board within his jur isd ict ion as prescribed. CHA PTER IH R egional Reg iona l Board for El em en tary Ed ucati on Board. 18. (1) A R egional Boa rd shall be constitu ted by the Sta te Governme nt fo r e lementary e duc atio n for each Deputy Inspecto r of Schools’ circle for performing the functions as provided in section 19 of this Act. (2) Th e Reg ional Board shall consist of the following members— (a) one Ch airma n to be nominated by Govern­ men t ; (b) the Depu ty Inspector of Schools shall be ex- officio Secretary ; » K- 11T t, » (c) the Add itional Deputy Inspec tor of Schools ->* or wh ere the re is no such officer, the senior- most Sub-Insp ector of Schools will be the ex-officio Jo int Secre tary ; (d) all members of the Assam Legis lative c * Assembly repre sent ing the area s within the jurisdict ion of the Regional Board concerned or the ir nominees to be notif ied in the ma nner pres cribed : Prov ided that such a nom ina tion once ma de by a mem ber of the Assam Legislative Assembly or notified shall be i rrevocable d uring the tenure of his member­ ship o f the Board ; Provide d fur the r tha t if a mem ber of the Assam a Legis lative Assembly ceases to be a member of the Assembly, his nom inee shal l also cease to be a member of the Reg ional Board ; ♦ (e) two represen tativ es, o f, the Ma hku- ma Par ishad oth er than the mem bers of the Assam Legisla tive Assembly repr esenting the areas within the jur isd ict ion of the Reg ional Board to be elected by the Ma hku ma Par isha d concerned; (f) persons not exceeding four to be nomi- , nated by the State Government to ' represent such interests as deemed necesary by th e Sta te Go ve rnmen t; (gl one person is to be nom inated by the Sta te Governm ent from amongst the members of the Mu nic ipa l Board and the Town Committe es within the jur isd ict ion of the Reg ional Boards. (3) The tenure of the Regional Board shall be four years: Provided that the Sta te Governm ent may a t any time remove any mem ber and dissolve and reconsti­ tu te the Regiona l Board, if circumstances so de man d: Provided fur the r th at the Sta te Governme nt may extend the terms of a Reg ional Board no t exceeding one year under special circumstances : Provided f urther th at no such m ember shall be so removed unless he has previously been given a reason ­ able opportunity of showing cause why he shou ld not be so rem oved. 12 9 (4) (a) Th e Reg ional Board for elem enta ry edu- „ cation may by reso lutio n delegate any of its powers K to the Sec reta ry or any m ember or mem bers of the Board. ' » (b) Th e Secre tary shall be the principa l adm i­ nis tra tive officer of the Reg ional Board and subject ' w to th e control of the Chairma n shall exercise all powers and functions relatin g to day-to-day adminis tration. (c) Th e Secretary of the Reg ional Board shall pass the Tra vel ling Allowances bills of the members of the Reg iona l Board. (5) No person shall be ent itled to con tinu e as a member of a Regiona l Board under clauses (d) , (e) and ( g) of sub-section (21 of this section i f he ceases to be a mem ber of the Assam Legislative Assembly, Ma hku ma Par ishad and Municipali ty, Town Com­ mittee as the case may be. (6) If a Ma hkum a Par ishad fails to elect the mem bers within the prescribed time fixed by the State Governm ent, the Sta te Gov ernment shall appoint any such representatives. (7) No person elected, nom inated or app oin ted by virt ue of his office under this section sha ll cont inue as a mem ber in the Regiona l Board, if he ceases to hold office, \ 19. Th e Reg ional Board shall act accord ing to the regula tion made by the Sta te Board and shall have the following fun ctions:— (a) to es tablish and to take over Elementary Schools subje ct to financ ial allotm ent made by the Sta te Board ; (b) to expan d, re-d istribute and ama lgam ate existing Elem enta ry Schools as and when necessary an d also to gran t permiss ion for open ing new Elem enta ry Schools ; (e) to app oint, trans fer, discharge, dismiss or punish teachers and Gra de IV employees according to rules and procedure prov ided by the Sta te Boa rd , (d) to sanct ion non-recurring grants for bu ild ­ ings and o the r purposes f rom the provisions allo tted by the Sta te Board ; (e) to prepar e and submit th e ann ual budget for different purposes to the Sta te Board by the mo nth o f Ju ne every year; * 13 t o w (f ) to submit an annual report to the State Board by the month o f Ju ly every yea r ; • t- (g) to raise funds for the ‘Elem entary E ducation Fu nd ’ thro ugh donations and subsc rip tions; (h) to select teachers for deputat ion to tra ining for Basic Train ing Cen tres according to sanctio n ; (i) to gran t such advances to the Board Em ­ ployees as may be presc ribed ; (j) to constitute Comm ittee or Com mittees for carrying o ut the funct ions assigned to it. CHAPTER IV Elementary Education Fund Elementary 20. (1) A fund here inaf ter called th e Elemen* Education t^ry Education Fund shall be created a nd ma intain ed UB '* by the State Board. The following shall form pa rt of and be paid into the Elemen tary Edu cat ion Fu nd :— (il All sums of money that may be in the Assam Act Elementar y Educa tion Fund, con stituted x x x o f under section I7 of the Assam Elementary Education Act, 1962, on th e da te on which this Act comes into force; (ii) Such grants as may be made by the Sta te ' Governmen t to the State Board for the purpose of Elementary Education ; (iii) incom e derived from any endo wment or pro per ty owned or m ana ged by Sta te Board for the purposes of this A ct; and (iv) money th at may be received by the Sta te Board by way of subscription, don atio n, etc., eith er directly or thro ugh Regional Board. o 14 Application of the fund. 21. Excep t as otherwise provide d in this Act, the Elemen tary Educa tion Fund shal l be app lied for :— (i) in pay ment of grants to the Regional Boards and to the Distri ct Councils as the case may be, for the purpose of E lementa ry Ed ucation ; (ii) pay ment o f gran ts to’ a school au tho rity on specific p rojects a nd schemes on Elem entary Edu cat ion ; Explanation— “School au thor ity ” means the Man ag­ ing Com mit tee the He ad of the Ins titu tion or the proprie tor, as the . case may be ; (iii) pay me nt of salaries of the employees of the Sta te Boa rd, and Regional Boards and thei r office expenses > 9 As (iv) pay me nt of such provident funds in respec t of the Sta te Board and as may be prescribed ; con trib utions to the of the employees Regional Boards r (v) pay me nt of such travellin g and other allo­ wances to members and employees of the State Board as may be prescribed ; (vi) pay ment of any other sums which the State Board is legally liab le to pay , or of any othe r liab ility as may be prescr ibed ; and Ad mi nis tra ­ tion o f the fund. (vii) pay ment [of legal expenses. 22. (1) The fund sha ll be adm iniste red by the Secretary of the S tate Board an d the accoun ts shall be opera ted by h im. (2) Th e Sta te Board may cons titute a Finance Com mit tee wi th thre e m embers including the Secre­ tar y of th e Sta te Board who shall be the Secreta ry of the Committee to advise the Executive Comm ittee in such manner as may be laid down by the Sta te Board. ReceipFa nd expenditure 23. (1) All moneys received for the purp ose of the E lem entary Educa tion Fund shall f orth­ with be paid into the acc ount ope ned in the Govern­ ment trea sury or in a Bank appro ved by the State Governm ent. (2) 3\o expenditure shal l be incurred from the Elementary Educa tion f und except for the purposes of this Act a nd unless such expend iture has been provided for in the budget for the Sta te [Board approved by the State Governm ent. , 15 Budgetj 24. (1) On receip t of the estim ates from the Regional Boards an d the Distr ict Counc ils, or other­ wise, the S tate Board shall pre pare t he ann ual budget estim ates before the com mencement of the next finan- | „ cial yea r at such tim e and in such ma nner as may be <5 prescribed. (2) Such budget estimates shal l inc lude the probab le r eceipts and exp end itur e of the yea r con­ cerned on acc ount of elementary education. (3) The Budget estima tes as a pprove d by the State Governmen t shall be treated as the fina l budget of the St ate Board . (4) Th e Sta te Board shall be competen t to make f re-appro pri ation from one hea d to ano the r within the approved budget. Accounts 25. The Sta te Board shall keep accounts of all and audit. r e ceipts and exp end itur e an d such accounts shall be audit ed by an audit or app oin ted by the Sta te Gov ernmen t. CHAPTER V Local authoriti es’ power of mana­ gement of Elementary Schools Management 26. As soon as this Act comes into force, the through localmanagement of elem enta ry schools shall, subjec t to authorities s u c h condi tions as m ay be prescribed, vest in the local ^u nc ih tr lC t autho rities of the area concerned : Provided th at nothing in this section sha ll pre­ clude the rig ht of min orit ies whe ther based on relig ion or language or any pr iva te body from manag ing the ir own schools. _ 27. In the areas where the Assam Panch aya t Act, . . i tw îrencya t"1959 is in ope ration the Bieck Development Officer XXXV of ™ 5 ’ or, where the re is no Block Development Officer, such 1959, oth er officer as m ay b e specified by Sta te Governmen t in this behal f, with the help of such officers of Educa ­ tion Departm ent , as m ay be attach ed to him , shall ac t as a co-ordinat ing agency between the Gaon Pan cha yat s and the Regiona l Boards. I t shall be the duty of the co-ordinating agency to see that th e provisions of this Act are observed in the schools ma int ain ed by th e Gaon Panchayats. — 16 « 9 o Powers of 28. The Dis trict Counc il for an autonom ous v Councils ^st ri c t shall have the pow er to establish , constru ct o r manage e lem entary schools in the au tonomou s dist rict ® p and, in partic ula r, to prescribe the language and the ma nner in w hich e lem entary education shall be im- S parted in the e lementa ry schools in the dist rict subject & " to such conditions as may be prescribed with the consent of the Dis trict Council o r Councils conce rned. Control of 29. Th e Sta te Governme nt may on th e advice of Sta te Govern-the Sta te Board or otherwise rescind in pa rt or in local1 auth o. whole any reso lutio n, ord er or decision of a local rit ies. autho rity and m ay also p roh ibi t the doing of any act in pursuan ce of such reso lutio n, order or decision whenever in the opinion of the Sta te Gov ernment, such reso lution, ord er, decision o r ac t is in excess or abuse of the powers conferred upon the loca l autho rity by th is Act, o r by any rules fram ed thereu nder. CHAPTER VI Fund for State Board and District Council and Regional Board Application 30 . (1) Th e Sta te Governme nt shal l place such of Fund, amounts as may be necessary at the disposal of the State Board and Dis tric t Councils for the m anagem ent and mainte nance of elem enta ry schools vested in them . (2) In autonomous dist ricts the am ou nt so received shall be deposited in the Fund of the Dis trict Council un de r a separate head ‘Ele menta ry Edu cat ion’ anri the am ou nt shal l be app lied for the purposes enum era ted in sect ion 32. (3) The Secreta ry of the State Board shall depos it the amount received under sub-section (1) in a Govern­ ment treasury or Post Off ice Savings Bank an d apply the same in th e ma nner prescribed. 31. (1) A fund hereinafte r called the Region al Board Fu nd shal l be created and mainta ined by each Regional Board and the following shall form pa rt o f the said fund name ly:— (i) grants or allotmen ts, as the case may be, made by the St ate Board for the purpose of elementary education ; * 17 * « we (ii) fees an d fines rea lised under the provision of this Act ; (iii) all other sums o f money th at ma y be reali sed by the au tho rity concerned by or under this Act. (2) The Secre tary of the Reg ional Board shall deposit the am ount received unde r sub-section (1) in a Governm ent trea sury or Sta te Bank of Ind ia or Post Office Savings Bank and app ly the same in the ma nner prescribed. Application 32. Subject to other provisions of this Act, of the Re- the Regiona l Board fund shall be app lied for the BoardFund. f o l l o w i n S purposes, na me ly:— » (i) (a) pay ment of salaries of the establishment ma intain ed by the Regiona l Board con­ cern ed on account of elemenary education ** ■ as may be prescr ibed ; (b) pay ment of salaries of teachers and other employees of the elem entary schools ; (c) pay ment of such salary or honorar ia as may be prescribed to the att endance au ­ thor ity ; (ii) paymen t of such con tributions to the prov ident funds in respect of the em­ ployees men tioned in clause (i) as may be prescribed j (iii) pay ment of any stipend or scholarship to students in accorda nce wi th Rules and * Orders of the Educa tion Depar tment ; (iv) pay ment of such sums of money as may be found necessary for cons truct ion, r extens ion, improve men t and main­ tenance o f school build ings and for provision of midday meal, pla y ground , furniture and eq ui pm en t; V (v) pay ment of travel ling and oth er allowances to the officers and establish ment of the local authoriti es conc erned, as may be prescribed j (vi) paymen t of any oth er sum which the Regional Board conc erned is legally liable to pay or of any oth er liab ility as may be prescribed; « 18 a (vii) paymen t of any legal expense s; (viii) paymen t or maintena nce gran t of financial assistance to elem entary schools managed by authoiitie s oth er tha n those set up und er the Act including any linguistic mino rity group or a priv ate body ; <1 (xi) paym ent of mainte nance gr an t or financial assistance to elem entary schools managed by oth er local authorit ies within the .ju ris ­ diction of t he Regional Board con cerned . Account!* 33. (1) Each Regional Board, Dis tric t Counc il and other local author ity shall ma int ain sepa rate acco unts o f income and e xpendi ture r ela ting to e lemen­ tary educatio n wi thin its respect ive jur isdiction in the ma nner prescribed. (2) The accounts so ma intain ed by the Reg ional Boards, Dis trict Councils and other local auth orit ies shall be ope n to inspection by such officer as may be dep ute d by the State Government and the State Board for the purpose. Audit . 34. Th e accounts of the Regiona l Boards, the Dis tric t Councils an d oth er local au th or i­ ties relating to elem entary education shall be exam ined and aud ited a t least once in eac h year by an audit or appoint ed by the Sta te Governm ent. CHAPTER VII Properties of the Elementary Education Board 35. As soon as this Act comes into force Absorption (1) all money deposited in the hand s of and held A ct XXX of proper# by the State Board for Elemen tary Education constitu - 19 62‘ res, etc. under section 3 of the Assam Elementary Ed uca­ tion Act, 1962 on the date on which the Sta te Board established under this Act takes cha rge of office, shall be tran sfer red to and be held by the State Board ; S’ 19 (2 ) all teachers an d other employees of Elem en- tar y Schools ma intain ed by the Government or by the ■* „ Sta te Board for Elementary Educa tion con stituted * under the Assam Elem entary Education Act, 1962 Assam Ac t sha ll be taken over bv the State Board. X X X of 1962. *■ (3) all teach ers and other employees of schools , taken over by the S tate Board un de r sub-sect ion (21 shal l be deemed to be employees of the Regional Board conc erned w ithin whose jur isd ict ion they a re in servic e: Provided that the to ta l emolument of these em­ ployees at th e time they are t aken over shall be pro­ tect ed and their existing senio rity shall be ma int ain ed ; (4) all other employees of the State Board for Ele mentary Educa tion con stituted unde r section 3 of the Assam Eleme ntary Education Act, 1962 includ ing A c t the employees of the said office o f the Sta te Board for XXX of Elementary Edu cat ion shall be take n over by the S tate 1962. Board : Provided that the total e molument of these employ­ ees a t the t ime they are take n over shall be protected and the ir exis ting senio rity sha ll be ma inta ined; (5) all propertie s of the State Board for E lementa ry Edu cat ion constituted under section 3 of the Assam Ele­ menta ry Education Act, 1962 sha ll vest in the Sta te Boa rd an d be utilised for such purposes as m ay be in consonance with the provisions of this A c t; (6) all building s and land appu rte nant the reto of any school under the manageme nt of the S tate Board within the juri sdic tion of the Reg ional Board shall vest in and be held by the Regiona l Board concerned ; (7) all residuary propertie s held before the comm encement o f this Ac t by any autho rity co nst itut ed unde r the Assam Elementary Ed ucation Act , 1962 xxX of* and not transfer red to a local au tho rity or to the 1962. State Governm ent under the p rovision of this Act, shall vest in and be held by the S tate Board. Sta te Go - 36. Any dispute arising out o f provision of section ve rn m en t’s 35 in respect of transfer and ownersh ip of any pro­ power to perty or any m atter per tainin g to the aforesaid provi- sett le dis - s jo n spa ]i p e r e fe r r e d by the aggrieved par ty to the p u es ' Sta te Governm ent whose decision in this behalf shall be final and binding on all conce rned. 20 <3> CHAPTER VHI a Recognition of Elementary Schools and their affairs Classes of scho ols to be recognis ed as ele men ta l ry schools . 37. The following classes of schools shall be deem ed to be recognised as elem enta ry schools under this Act, nam ely :— (a) all Government Middle Vernacular Schools and Governmen t Senior Basic Schools incl udin g those th at receive grant- in-aid from Governm ent ; y f (b) all Middle Vernacula r Schools Senior Basic School and Middle Madrassas under th e manag ement of any oth er au tho rity or authoriti es, tha t have been recognised by the St ate Govern­ me nt, t o be responsible for ma intenance of such schools; (c) all schools und er the ma nageme nt of the Regional Boards ; (d) all Prim ary Schools an d Ju nior Basic Shcools m aintained o r aid ed direct ly by Governme nt or by a ny o ther duly c ons titu ­ ted au tho rity which is recognised by the Sta te Governm ent to be responsib le for impartin g Ele mentary Educa tion. - Recog nit ion 38 . (1) The term s and cond itions of recognition an d gr an t- and o f gra nt- in-aid to new Elemen tary Schools shall in- aid to new jje a g j a j j down by the S tate Board from time to tim e: scho ols. ' Prov ided that the State Government may direct the S tate Board to recognise any existing rule o r set o f rules adop ted in any parti cu lar are a by a local author ity an d such direction from the Governmen t shall be binding on the Sta te Board . (2) Sub jec t to the provis ion of sub-section (1), the Reg ional Board concerned shall on the reco mmendation of the Deputy Inspec tor of Schools concerned, acco rd necessary recognit ion to such Elementary Schools as may fulfil the required conditions. Ap po int- 39. All existing teache rs and other employees of men t of the schools or those to be app oin ted in any Elemen tary tea ch ers . School recognised under th is A ct, excep t in the case of the autonomous dis tric ts, shall be deemed to have been employed by the Regional Board concerned. 21 Appeal. 40. (1) An appeal again st the orig ina l decision of the Jo in t Sec reta ry of the Sta te Board for Elem en- ■ . tary Edu cati on shal l lie to the Secretary of the State Board : Provided tha t the employees concerned shall have a right to prefe r a second appea l to the State Governmen t against the decis ion of the Secretary of the Sta te Board passed under th is sub-section and the decision of the State Governmen t in this behalf shall be final. (2) An appeal against the decision of the Sec­ retary of the Sta te Board for Elementary Education f by an employee of the State Board shall lie to the Sta te Government whose decision on this behalf shall be final. (3) An appea l against the decision of- the Regional Board by a person aggrieved includ ing a teache r or any oth er employee of the Elem enta ry Schools shall lie to the Execut ive Com mitt ee cons­ titute d under section 14 of the Act in the manner- prescr ibed. A second appeal shall lie to the State Governmen t whose decision in this behal f shall be final. (4) An appeal against the original decision of the State Board or of the Execu tive Comm ittee of the Sta te Board shal l lie to the Sta te Governm ent whose decision in this behalf shall be final. r (5) Notwith stan ding any thing con tain ed in sub ­ sections (1) to (4) the Sta te Government m ay at any tim e call for the records of any authority and pass necessary order s after examin atio n thereof. Th e order s passed by the State Governm ent shal l be final in this behalf. (6) An appea l in each case shall be preferred with in 45 days from the date of ord er appealed against . 22 O PA RT XI CHAPTER IX * Co mpu lso ry Educa tion Ex em pt ion 4 1 . (i) No fee shall be levied in respec t of any rom ees . c j,j]^ fo r att endin g a recognised school which is under the manag ement of the Regional Board . (2) Where in respec t of any child an attendance ord er has been passed unde r sub-section (3) of section 48 and the only school which he can at tend is a recogn ised school under priv ate management , the Re ­ gional Board shall take such steps as it may thin k fit for the pu rpose of ensuring that the edu cat ion which the chi ld is to receive is free. Education1? 42. Th e State Governm ent may, by noti fica tion , declare th at elem enta ry educat ion shall be com pul­ sory u pto cei tain age to be presc ribed , in any area of the S tate as specified unde r the notif icatio n. Du ty of 43. In an area of compulsion the guard ian of G uar dia n , every child, residen t in such are a, shall subject to the provisions of section 44 b e bound to cause the child to att end a recognised Elemen tary School in such area . Ex em pt ion. 44 . A guard ian may be exempted from cau s­ ing a chil d to attend a recogn ised Elementary Scho ol if,— (i) the child is receiving edu cat ion otherwise than in a recognised Ele mentary School to the satisfaction of the att endance au tho rity; (ii) the child has alre ady completed the stand ard of elem entary education prescr ibed; (iii) the re is no recognised Elementary School within the dist ance of one mile from the residence of the c hild, or even if there is one when it is no t reas ona bly or conv eniently accessible from such residence; fiv) the child is prevented from attendin g school by sickness, infirmity o r any oth er men tal or phys ical defect accep ted as sufficient ground by the a ttendance authority ; or (v) ther e is any other compelling circumstance which , in the opin ion of the attend ance au tho rity prevents th e child from attend ing a recognised Ele mentary Scho ol. ;— 23 i f Part li me 45 . (1) If the att endance authority is satisfied inst ruct ion. t pa t a cju e t 0 economic or othe r circum stances connected with the family to which the child belongs, is una ble to a ttend a n appro ved school in the m ann er req uir ed by o r under this Act, it may permit t he child to attend any inst itut ion impartin g par t-time elem en­ tary edu cat ion . (2) A child receiv ing educ ation under sub-section (1), shall be deem ed to have fulfilled the requ irem ents of section 43 o f this Act. of d euhs' in ^ l e m a n n e r which a list of chi ldren in an enforcing area compulsion shall be caused to be prepared, compulsion, the manner of notifying the guard ians, the period and du rat ion of compulsory attend anc e of chi ldren in schools, shall be as prescribed. Duty of the 47. In a n area of compulsion, it shall be the duty d ti e s a U t "to e v e r y l °c al author ity to enlist the co-operation ol arrang e for die gu ardians in ensu ring the atte nda nce of children attendance, in schools. Attendance 48. (1) The Secreta ry of the Regional Board aut hority , niay app oin t the attend anc e authorit ies for the purpose of enforcing a tten dan ce in schools. (2) Th e attend ance auth orit ies shall have such powers, functions and duties as may be prescribed. A (3) An attend ance order on the gua rdian of a child shall be passed at such time and in such ma nner as may be prescr ibed. Restr iction ©n employ­ ment of a chi ld. 49. No guard ian or person shall utilis e the time or the services o f a child in conn ection with employ­ me nt of such a child, whether on rem une ration or otherwise , in such a manner or a t such time o f the day as to inter fere with regula r a ttendanc e of the child in a school as r equ ired unde r this Act. Penalty. 50. Any guar dia n who contravenes the provision ol section 43 or any gua rdian or person who con tra­ venes th e provisions of section 49 shall be punisha­ ble with fine n ot exceeding two rupees and in case of a con tinu ed con trav ent ion with an add itional fine not exceeding fifty paise for every day [during which such contravention co nti nu es : Prov ided tha t the amount of fine payable by any one person in respect of any child in any one year shall not exceed fifty rupees . 1 a 24 Courts conn 51. The Courts com pete nt to try offences under Fry'offences. t h i s A c t s h a 1 1 b e t h e fo llow in g » O fa) in areas w here the Panchay ati Ada lat has Assam Act been cons tituted under section 86 of the XX IV of Assam Panch aya t Act, 1959 such Adala t 1959. with in whose juri sdic tion the offence is committed ; (b) in other area s the Court of a Magist rate having ju risdic tion . CHAPTER X Mis ce lla ne ou s Cognizance of offences. 52. N o Court shall take cognizance of an offence under th is chap ter except on a com plaint of an att en ­ dance authority . Certain per- 53. The attend anc e auth ori ty shall be deem ed Act XLV of mIbi;ptO t o b e a public servant within the mea ning of section i860, vants . 21 of the In dian Pena l Code . £ Restr iction 54. No suit, prosecut ion or othe r legal proceed- on ,\c g a l ings for any thin g don e in good faith under this Act procce mgs. s j, a ll w j t }j0 U t t ji e pr e v iOus sanction of the Sta te Governm ent in this behalf. Power to 55 . (1) The State Governme nt may afte r pre­ make rules, vious pub lica tion in the official Gaz ette , mak e rules for carry ing out the purposes of this Act. (2) In partic ula r and without prejudice to the general ity of the foregoing provisions such rules may provide for a ll or any of the following matters, namely— (in laying down terms and conditio ns of service of teachers of elem entary schools inclu ding conduc t an d discip line of teachers ; ( ii )' laying down powers and duties o f the Sec­ ret ary and Jo in t Secretary , St ate Board and Secretary, Reg ional Board; ¥ 73 '■ (Hi) ma nner of placing Funds by the Sta te Board at the disposal of Regional Board an d oth er au thor ities consti tuted under this Act ; (iv) manner of making payment including scholarships by th e Regional Board ; Wj! — r c - o $ . (v) laying down tne rules of business of the State Board and of the Regional Boards; (m) fixation of rates of contr ibu tion of provident fund of the employees of the State Board and of the Regional Boards ; (ph ) laying down conditions of drawa l ^ind fixation of th e rates of trave lling and othe r allowances to members of the Sta te Board and of the Reg ional Boards ; (viii) pay ment of other liab ility that the Sta te and the Regional Boards are legally liab le to pay ; (wc) manner of pre paring the ann ual budg et estim ates by the Sta te Board and by the Regiona l Board ; (x) laying down condi tions under which ma n­ agem ent of elemen tary schools shall vest in the local authority ; (xi) laying down the form of regis ter of children to be mainta ined by a local autho rity ; ( « ) laying down conditions under which ad­ min istra tion of elem enta ry education has to be carr ied out in the autono mous dist ricts ; (« ii ) laying down condit ions for plac ing of funds with different auth orit ies cons tituted under this Act ; (xiv) man ner of disbursing funds by a local autho­ rity or by any other authority constituted under this Act ; (x») terms and condi tions of service of the esta­ blishment o f the Regiona l Board and the State Board ; (xvi) pay ment of contrib ution to the prov ident fund in respect of the employees of the Sta te and of the Regional Boards ; (xw’i) laying down the conditions of tak ing over oi the Government Schools by the Sta te Board ; (xviii) condi tions of pay ment of oth er liabil ities that a Regional Boa rd, or the State Board has to make ; a 26 [xix) man ner of keeping accounts b\ a Regional Board and Distri ct Council or local au th o­ rity ; (x.v) laying down conditions of takin g over <>l assets of the Sta te Board by a Regional Bor rd; (xaz) layin g down the ma nner pro cedure and f auth orit ies lor taking disc iplinary act ion : (xxit) fixing the limits of the age for a chi ld ; [xxiii') manner of preparatio n of deta ils as requ ired und er section 46 ; (xxiv) fixation of powers, duti es and responsibi­ lities of the various offices includ ing atte nda nce autho ritie s ; (xxv) fixation of time and ma nner of serving attend anc e ord er on guardians. (3) Every rule mad e under this section shall be laid, as soon as mav be after i t is made, before the Assam Legis lative Assembly while it is itt session for a tota l period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is to laid or the session immediately following, the Assam Legis­ lativ e Assembly agree in making any modification in the rule o r the Assam Legis lative ' ssembly agree that the rule should not be made, the rule shall ihe-reafter have effect only in such modified form or be of no effect, as the case may be ; so however, that any such modification or ann ulm ent shall be without prejudice to the valid ity of any thin g pi eviously done under tha t rule . Repeal 56 .(1 ) The Assam Elemen taiy Educa tion Act, Assam Act an d savings. 1962 is hereby repealed. ol (2) Notwi ths tanding the repe al all authoriti es constitu ted, appointmen ts, rules, orders or notifications mad e under the said Act shall be deemed to be consti­ tuted or mad e un der th is Act, and continue to function or to be in force un til actions under the prov isions of this Act are taken. (3) Any of the provisions of the Assam Municipa l A ssam Act Act, 1956 and th e Assam Pa nch aya t Act, 1959 which is repugn ant to any of the provisions of this Act shall A ct X XIV stand repealed . of 195g. At .P 28/69 (Leg) 14 50 +1 55 0-27 -9-69