The Punjab Primary Education Act, 1960

1960 : pb. Act XXXIX] PriMARY EpucAtion 655 THE PUNJAB PRIMARY EDUCATION ACT, 1960 Arrangement of Sections Sections Short title, extent and commencement. Definitions. Primary education to be compulsory in specified area. Attendance authorities and their powers and duties. Responsibility of parent to cause his child to attend school. Reasonable excuse for non-attendance. Special schools for physically or mentally defficient children. Special provision for part-time education in certain cases. Attendance orders. 10. Children not to be employed so as to prevent from attending 11 12, 13. 14. 15. 16. 17. 18. 19. 20, 21. 22, 23, school. Primary education to be free. Age of child how to be computed. Penalty for contravention of section 9. Penalty for contravention of section 10. Courts competent to try offences. Procedure of courts. Cognizance of offence. Certain persons to be public servants. Protection of action taken in good faith. Power to exempt. Delegation of powers. Power to make rules. Repeal. 1960 : Pb Act XXXIX] PRIMARY EpucATiON 657 1ITHE PUNJAB PRIMARY EDUCATION ACT, 1960, (PUNJAB ACT NO. 39 OF 1960) Received the assent of the Governor of Punjab on the 7th [ December, 1960, and first publishefi forll ge:eZal ?gormatlé)_n m) theL Punjab Government Gazette xtraordinary), Legislative Supplement, of th 9th December, 1960]. B o of T Year No. Short title Whether repealed or otherwise affected by legislation 1960 XXXIX | The Punjab Primary Educa- | Amended by the Punjab Reorga- tion Act, 1960 nisation (Chandigarh) (Adap- tation of Laws on State and IC906|18cun‘cm Subjects) Order, AN ACT 1o provide for free and compulsory Primary Edycation for children in the State of Punjab. BE it enacted by the Legislature of the State of Punjab in the Eleventh Year of the Republic of India as follows:— 1. (I) This Act may becalled the Punjab Primary Education Act, 1960. (2) It extends to the whole of the *[Union Territory of Chandigarh). (3) It shall come into force on such date as the State Gover?lment may, by notification in the Official Gazette appoint. 1For Statement of Objects and Reasons, see Punjab Government Gazette (Ex- trarodinary), 19€0 ,page 1999. ) f isati 'Subsl'i‘l)uud (grg the words “Statc of Punjab" by the Puniab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968. Short title, extent and commence- ment. \ T 960 : Ph. Act XXXI1x 8 THE PUNJAR PRIMARTY [1 i EDUCATION Act, 1960 Definiiions. 2. In this Act, unless the context otherwise, r. quires,— s ic year” means the year beginnin i s?li:;ldggltlecays the '[Central Government] may, by notification in the official Gazette, specify in respect of any specified area or for approveq schools generally or for any approved school or class of approved schools in particular; g on (b) “approved school” means any school in an specified area imparting primary education which— (?) is under the management of the [Central Government] ; or (#) being under any other management, is recog- nised by ‘the I[Central Government) as approved school for the purpose of this Act ; (¢) “attendance authority” means any person ap- pointed to be an atfendance authority under section 4 ; (@) “to attend an approved school” means to be +.. . ~Dresent for instruction at an approved school o7 I on so many days in g year and at such time or times on each one of thos e days as may be fixed by the prescribed authorityy; d *Substituted for the words “State Government” p j isati (Chandigarh) (Adaptation of Laws on State and (llgncugem:s::}?cias (%—:gf%lfg‘ o ‘Act No. XXXIX] THE PUNIAD PRy ) Ac, 1960 FPUCATION - 659 (¢) ““child” means a b ans a boy or gi ithi 1group. not being l)éss lhfilr:I s‘i‘:tg?] ot e ifilg-:gf“’- as the '[Central G;)vcrnm?r?tac th'an ach case, specify for the purposes of mtm Act, either generally W . rall i 3 ' ‘g; ally or with respect to any (f) “parent”, in relation to any child, i By hild, includ guardian and ever ¥, child, es a custody of the chi¥c1p;e rson who has the actual . «prescribed” i g)) 151 glerl:h?gAgtle?ns prescribed by rules made «primary education” means education up t such class or standard not beyond the e?ghtg class or standard, as may be prescribed ; @) “_specxal school” ~means any institution which imparts such primary education as is in the opinion of the 1 Central Government] suitable for children suffering from any physical or men- tal defect ; (j) “specified area” means any _ares in which primary education is declared by the [Cen- tral Government] to be compulsory under section 3 ; 2[(k) * * * * 3. (I) The Y{Central Government] may, by order, direct that with effect from the first day of the next academic year primary education for children of either sex or both sexes within such age-group as may be speci- fied in the order shall be compulsory in any area which may be so specified. (2) Every order under sub-section (1) shall — ished in the Official Gazette and in such @ b(e)tglel? ll:r{l:nn::l: as the 1[Central Government] may decide ; R may ceold® > 1" by the Punjab Rco_rgani- msirz:lc ax{d Concurrent Subjects) * * ¢ Govern! 3 i ds “Stat Substituted by the WOrCs B o on sation sChandigarh) (Adaptation © Order, 1968. 1Clause (k) shall be deemed to h ave been omitted by the ibid. Primary education to be compulsory in specified area. "y PUNJAB PRIMARY EDUCATION [Act No. XXXTx 660 Tue PUN Act, 1960 ade as to ensure that thereis an interva) o8 f,? .mflessqllmn one hundrc1d and twenty days or such other interval as the '[Central Govern- ment] may by no_tlfiqallon direct bctwec;n the date of the publication of the order in the Official Gazette and the first day of the next academic year. order shall be made under sub-section (1) in rgggecy:f any area unless the I[Central Government] is satisfied that such steps as may be prescribed have been taken in that area to provide the necessary facilities for imparting compulsory primary education to all children to whom the order is intended to apply. Attend ance 4. (1) The '[Central Government] may appoint as fhei powersand Tany persons as it thinks fit to be attendance authorities dutics for the purposes of this Act, and may also appoint as many persons as it considers necessary to assist the attendance authorities in the discharge of their duties. (2) 1t shall be the duty of the attendance authority to cause to be prepared as early as possible after the publica- tion of an order under section 3 and in such manner as may be prescribed, a list of children in any specified area. Such lists shall also be prepared annually in every specified area gt such time and in such manner as may be pres- cribed. (3) In the exercise of any of the powers conferred by or under this Act, the attendance authority or any person appointed to assist the attendance authority may put such question to any parent, or require any parent to furnish such information, about his child, as it or he _considers necessary, and every such parent shall be bound to answer such questions or to furnish such information, asthe case may be, to the best of his knowledge or belief. (4) It shall be the dut ' _ y of the attendance authority to nottlfy the parent of every child to whom the order under section 3 applies that he is under an obligation to cause —— . 'Substituted by the w ; ds :St e G " sation (Ch Ords “State Government o:aer,(wé{d'“‘“h)(“"al’“‘""“ of Laws on State — by the Punjab Reorgnni-) ard Cepcurrert Subjects) Act No. XXXIX] THE PuNiAR P St oy l%(l)mmnv Epucation 661 the child to attend an approved school wi the beginning of the next academic year. ith effect from 5. Tt shall be the duty of the ps i g i parent of to causc the child to attend an approved qc%c(:ly ucnhllcl;ls there be a l'casqnablc excuse for his non-attendance within the meaning of scction 6. ! 6. For the purposes of this Act, any of the f i circumstances shall be deemed to be a reyasonagleo”c(;(z:lr;g for the non-attendance of a child atan approved school— (@) 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 be satis- factory by the [Central Government] or by an officer authorised by it in this behalf ; (c) that the child has already completed primary education ; (d) that the child suffers from a physical or mental defect which prevents him from attendance ; () that there is any other compelling circumstance which prevents the child from attending school, provided the same is certified as such by the attendance authority (7) such other circumstance as may be prescribed. 7. If there is in existence a special school within th.c‘ prescribed distance from the residence of a child who Is suffering from a physical or mental defect, the attendance i s catisfied that the child is not receive Ll O gy manner considered by ing any instruction in some other. ¢ red it gto bg satisfactory, by order requir the Ch}l?ht? ‘l,u.c"::l the special school ; and it shall be the duty 0 '}l St‘lizol of such child to cause the chi Id to attend the bpe?ltdte 5'111ce unless there be a reasonable excuse for the non-attenda of the child within the meaning of clause (d) of section 6. _— g he Punjab Reorganisation *Substi words “State Government”” by (R¢ i Reorganis (Chandiig‘r’lsf)“&fi &'firfi;fieor Laws on State and Concurrent Subjects), Order, Rasponsibifity of parent to canse his ehild 1o attend school, Reasonableencyse for non-attend- ance Special schools for physically or mentally defi- cient children. s Special provision for pan-time nmw_;(i\‘n in CeTtain cases Attendance Otders. 662 T PUNIAB PRIMARY EDUCATUION [Act No, XXX1y B Acr, 1960 8. (D) If the attendance authority is satisfied that , child, due to cconomic_: or othcx: circumstances CONnecteq with the family to which the child belongs, is unable attend an approved school in the manner required orunder this Act, it may, by order and subject to such conditions, if any, as it may think fit to impose , permi the child to attend any approved school eslabhsheq as a part-time institution or in which primary education jg mmparted on a part-time basis, 2) Any parent who caus an 01(-d)cr under sub-section (1) has bee ) excuse for the non-attendance of the child within the meaning of section 6, it shall hold an Inquiry in the prescribed manner. (3) An attendance order passed apa; i Tespect of his chilq under 1talu' on- shafl, Barent in ‘i c 8 section shall, subject to © provisions of sub-section (6), remain in force Jfor s0 Ong as this Act continyes toapply to the child, (4 Ifan Y parent againgt an attendance order {‘é“)s ?e:n rpassed In respect of hig child under sub-section durinr n:hers the custody of the ghilq o another person & the period jp ich the attendance order s in h parent shal) be b i A nd to Immediately inform 1Ce authority iy woie: \%uch transfer, _ ISubstituted “ (Chantigat Adapirio g1 “Snte Governimgny by the Punj \jab Re-organisation S on State ang Concurrent Subjects) Order, 1968. Act No. XXXIX] Tue PuNsap py . AcT, l‘)GonMA'w Epucation 663 5) Where an attendance = ord against a parent in respect of hi rder has been passe such order shall have effect ]};15 Crlclllall‘t‘i()??cr this sgctior:l, Pored. to whom _the custody of the child may be iy ‘erfed during the period in which the altendmay be trans- in force as it has effect ‘i rslation. tothe pots order is whom it was passed. ¢ person against A parent may atany ti ) at any time appl authority for cancellation of an atlzgnfi;fictfe o?g:r“gzn&ee ground— 't /) that he i i ® lé;illée 1;50130 longer the parent in respect of the (if) that circumstances have arisen which provide a reasonable excuse for non-attendance ; and thereupon the attendance authority may, after holding dif; an inquiry in the prescribed manner, cancel or modify the attendance order. _10. No person shall employ a child ina manner which shall prevent the child from attending an approved school. 11. (1) No fee shall be levie d school which 15 under for attending an_ approve management of the 1[Central Government]. (2) Where, in respect of any chi has been passed under section 9 and the only school which he can attend is an approved school falling clause (if) of clause (b) of section iitm ; ment] shall take such steps as, y i o purpose_of ensuring that the primar ive is free. the child is to receive ! i is Act shall 12. £ a child for the purpose of this £ be coxipu't?(lie iangfeorm s of years com’pleted by the child on or before the first day of the academic year : . nt" by the Punjab L overnme! b word:.c?l!mlfav?s on Stato and concurren P Reorganisa- t Subjects) 1Substituted fo! f tion (Chandigarh) (Adaptatio Order, 1968. Childrea not to be cmployed so as to preven! them from atten- ding school- rimary education d in respect of any child Primed Age of child how to be compufed. N 664 THE PUNJAB PRiMARY Ebucation [Act No, Xx;“x Acr, 1960 Provided that where the big, day of 5 ¢t : chilq onaday not later thap SIXty days from the first faljg the academic year, (he birth day shall pe deemed ¢, :ffflé’ J the first day of the academic year, wlon Penalty for contrz. 13. (01t any parent fajlg to comply with :'v:n:io,,“ofseaion attendance order passed under section 9 he shaj| ?,2 and, in the case of g continuing copty additional fine pot during whicp such ~ontinues after” o viction for the first of such contraventiops : (2) If any berson fajls to furnish tp Tequired by sub-section ( ) of section 9, h able with fine which e information as e shall be pupisp. may extend to twenty-five Tupees, Penalty for oo 14. If ap tion of section 10, section 10, he shall be Court compeeny 15. The 10 11y ofpeprete courts competent h to try offences under this Act shall be the fol] owing:— (a) the Gram Panchy ituted o deemed to be constituted under the Panchayat Act, 1952, if th ¢ offence resiges in € person committing jurisdiction of the G the area Within the h . (b) the magistrate ate, if the person Committing the offence resides in any other areg, ' xxxl,\'] Tur PUNJAB Pr 8 a8 pct N Acr, 1960 UMARY EDUCATION 665 16. The court of a magistrate i i ce under this Act shall l'olkgw Ifl:;c plrr:)ctcm?f any Tredme o section 263 of the Code of Criminal Proccd%rr%- vided 1 WS of 1899) ) Gram Panchayat trying an fl .« Act shall follow the procedure prgvige%ncfo: mtifii ;a1 of criminal offences under the Punjab Gram Pan- nizance of an offence Cognizance of offences. . No court shall take cog goder this Act except on the complaint of an attendance authority 0t ised in this behalf any other person authoris! by the 1[Centra1 Government] by general or special order. 18‘. The attendanc e authority’ any person aPPOinted Certain persons to b-section (1) % public to assist the attendance of section 4 and any person ;mthorised to make complaints sepvants. shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code. procee.d' Proteclion_ol'a clion y authority }:fie: in good .19. No suit, pr ing shall lie against the Government of or person il respect of anything which is 10 good fa done under this Act. done or intended to be satisfied that power to exempt- o0 If the '[Central Government] 18 S35 % itis necessary of expedient to do in the public interest or that .circumsta nces exis which render it necessary s0 noti to do, it maiy, £ e y communi s of persons of an % 3 { all or any of the pro- CXCII}Qt any C ] specified area from the operationt 0 visions of this Act. 21, The 1[Centr31 G ment] may> o gglttllf‘l)%z; Dpe;wesen(lsi.on of tion in t LT Gazette and SU t to SuC ns, s ool aec'fi d in the notificati on authorise i xercise & A o aaptat n tation © Order, |9a6ns. garh) (ACEP e 666 TuE PUNIAR PRIMARY EbUCATION Act Act, 1960 ActNo, XXxiy Power 1o make 22. (D) The '[Central Govcrnmcnt] may, py b cation in the official Gazette, make rules to Carry olh?hri, purposes of this Act. t (2{ In particular, and without prejudice to generality of the foregoing ower, such rujes may the vide for all or any of the fo lowing matters, “fimelyp.m‘ (@) the class or standard, education y Whi shall be considered as primary educatjo,, h (b) the steps to be taken for providing necessa; facilities for imparting primar educatjqp before notifying any area to be a Specifieq area ; : (¢) the functions to be performed, and the manng; in which such functions may be performeq, by attendance: authority ; (d) the manner in which and the time at whicy lists of children may be prepared in any specified area under sub-section (2) of section 4; (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 a child within the meaning of section 6 ; () the manner in which any inquiry under this Act may be held H (k) the form in which an attendance order under sub-section (2) of section 9 shall be passed ; ) the registers, Statements and other informa- tion to be maintained or furnished by approved schools for the purposes of this Act ; *Substituted for the words “State Govers meng tion (Chandigarh) (Adapta i f s Stut Orde$, 1968.‘ (Adaptation ¢f L;ws cn i le by 11« Punjib Reorginise- i1d Caari Suboy g : S " Act No- XXXIX] THE PUNIAB PRIMARY EDUCA! Act, 1960 UCATION 667 " any other matter which h 0 prescribed. Lhas to be, or may be * * * * . ] 3(3) 23, The Punjab Primary Education Act, 1919, Repedl. Education Act, 1940, the Patiala bie Punjab Primary Primary Education Act, 1983 B.K. and the Pepsu Com- Primary Education Act, 1954, shall be repealed, Isory : ggt notwithstanding such repeal any orders made, any issued , anything done, any action taken or tification . ; no nced in exercise of the powers ceedings comme under the said Acts shall be deemed to rred by Of ggsgebeen rsrllade, issued, done, taken or commenced ‘e of the powers conferred by or under this Act. . g gt " Adap- oti tted by the Punjab Reorganisation (Chandigarh) (: {ati lsz,sf{x? néi} osr::;tc and Concurrent Subjects) Order, 1968. ation