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THE SIKKIM PRIMARY EDUCATION ACT, 2000
THE SIKKIM PRIMARY EDUCATION ACT, 2000
(ACT NO. 14 OF 2000)
AN ACT to provide for free and compulsory primary education for children in the State of Sikkim.
Be it enacted by the Legislature of Sikkim in the Fifty-first Year of the Republic of India as follows:-
Short title, Extent and commencement
1. This Act maybe called the Sikkim n Primary Education Act, 2000.
(1) It extends to the whole of Sikkim.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazettee, appoint.
Definitions
2. In this Act, unless the context otherwise requires:-
(a)‘academic year’ means the year beginning on such date as the State Government may, by notification in the Official Gazettee, specify in respect of any specified area or for approved schools generally or for any approved school or class of approved schools in particular:
(b) ‘approved schools ‘ means any school in any specified area imparting primary education which-
(i) is under the management of the State Government, or the local authority, or
(ii) being under any other management, is recognized by the local authority or the State Government or an officer authorized by it in this behalf as an approved school for the purpose of this Act.
(c) ‘area of compulsion’ means any area in which primary education is declared to be compulsory under section 4 or 16;
(d) ‘attendance authority’ means any person appointed to be an attendance authority under section7;
(e) ‘to attend an approved school men as to be present for instruction at an approved school on such days in an academic year and at such time or times on each one of those days as maybe fixed by the local authority concerned.
(f) ‘child’ means a boy or a girl within such age-group not being less than six or more than fourteen years as may be specified in a declaration made under section4 or 16.
(g) ‘Director means an officer appointed by the State Government as the Director of Education and includes any other who maybe authorized by the State Government to perform all or any of the functions of the Director under this Act.
(h) ‘local authority means a Municipal Corporation, an authorized Municipality or an authority constituted by or under any law for the time being in force or any person or body of persons empowered by the State Government to control primary education in any area specified by the State Government.
(i) ‘parent’ in relation to any child includes a guardian and every person who has the actual custody of the child.
(j) ‘prescribed’ means prescribed by rules made under this Act.
(k) ‘prescribed authority ‘ means such authority as maybe appointed by the Government.
(l) ‘primary education’ means education in such subjects and up to such standard not beyond the 8th standard as may, by general or special order, from time to time, be determined by the State Government.
(m) ‘special school’ means any institution which imparts such primary education as in the opinion of the State Government or the local authority is suitable for children suffering from an physical or mental defect.
Scheme for Primary education
3. (1) It shall be the duty of every local authority to provide for compulsory primary education for children ordinarily residing within its jurisdiction, and for this purpose it shall, from time to time, submit to the State Government proposals in the form of a Scheme in respect of the whole or such part of the area within its jurisdiction and for children of such ages and up to such standard as the local authority deems fit.
(2) Notwithstanding anything contained in sub-section(1), the State Government may, at any time, direct a local authority to submit to it within a specified time a Scheme for compulsory primary education in any area within the jurisdiction of the local authority for children of such ages and ordinarily resident therein, and up to such standard as the State Government may specify.
(3) Every Scheme shall be submitted in such form as the Director may specify and shall contain the following particulars, namely:-
a. proposed area compulsion;
b. the census of children of the age to which the scheme shall apply classified according to age and language spoken by the children;
c. a list of existing approved schools and the schools, if any, proposed to be opened or recognized for the purpose , classified by languages in which instruction is or is proposed to be imparted;
d. a scheme of existing and proposed teaching and non-teaching staff including clerks and inferior servants;
e. the recurring and nonrecurring cost of the Scheme;
f. a copy of the resolution of the local authority agreeing to bear its share of the additional recurring and non-recurring cost ; and
g. such other particulars , as may be prescribed.
Primary education to be compulsory in areas conversed By scheme.
4. (1) On receipt of sanction under sub-section (4) of section 3, the local authority shall make a declaration in accordance with the sanctioned Scheme to the effect that on and from a date to be specified by the State Government, primary education shall be compulsory in the area specified in the declaration for children ordinarily resident in that area and within such age- group and up to such standard as may be specified in the declaration.
(2) Every declaration under sub-section (1) shall be published in the Official Gazettee and in such other manner as the local authority may decide
(3) Such date shall be specified by the State Government under subsection (1) and shall be not earlier than sixty days after the date of publication of the declaration.
Grants in Aid
5. The State Government shall in respect of every Scheme sanctioned under sub-section (4) of section 3 or prepared under sub-section (1) of section 16, bear such part of the recurring and non-recurring cost as it may from time to time determine.
Local Authority to prepare list of children
6. It shall be the duty of the local authority to cause as early as possible after the publication of a declaration under section 4 to be prepared with a list of children in the area of compulsion in such manner as maybe determine by the Director, and the local authority shall cause the list to be revised at such intervals as maybe prescribed.
Attendance Authorities
7.(1) The local authority may appoint as many persons as it thinks fit to be attendance authorities for the purpose 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) Any person appointed under sub-section (1) may, in the exercise of any of the powers conferred by or under this Act, put such questions to any parent and require of him of such information about his child as he considers necessary, and every such parent shall be bound to answer such questions and furnish such information to the best of his knowledge or belief.
Attendance Authority to Notify Parents
8. It shall be the duty of the attendance authority to notify the parent of each child to whom the declaration under section 4 or 16 applies that he is under an obligation to ensure the attendance of such child at an approved school on and from the date specified in the notice.
Parent to Cause child to attend school
9. In every area of compulsion, save as provided in section 12, the parent of a child to whom a Scheme applies shall, if such parent and child ordinarily reside in such area , cause the child to attend an approved School unless there be a reasonable excuse for his non-attendance within the meaning of section 10.
Reasonable Excuse for Non attendance
10. For the purpose of this Act, the following circumstances shall be deemed to be a reasonable excuse for the non-attendance of a child at an approved school.
(a) that there is not approved school within the prescribed distance for his residence in which instruct in is given in the language spoken by the child.
(b) that the child is receiving instruction in some other manner which is declared to be satisfactory by the State Government or by the local authority or has received a certificate from the attendance authority of having completed primary education up to the standard included in the Scheme applied for.
(c) that the child suffers from physical or mental sickness or defect which prevents him from attendance.
(d) that after due application , entrance to an approved School has been refused to the child and there is no other approved School to which he can be admitted within the prescribed distance, until such time as the parent is notified by the attendance authority that the child can be admitted.
(e) that there is no approved School in the locality to which the parent can send the child without exposing him to religious instruction to which the parent objects.
(f) 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 ; and
(g) such other circumstances as may be prescribed.
Special schools for physically or mentally Deficient children
11. If there be a special school within the prescribed distance from the residence of a child suffered from a physical or mental defect, the attendance authority may, if it is satisfied that the child is not receiving any instruction in some other manner considered by it to be satisfactory, by order require the child to attend the special school, and it shall be the duty of the parent of such child to cause the child to attend the special School unless there be a reasonable excuse for the non-attendance of the child within the meaning of clause (f) of section 10.
Special provision for part time education in certain Cases.
12. Where the attendance authority is satisfied that a child, due to the economic or other circumstances of its facility is unable to attend an approved school in the manner required by or under this Act, it may, by order, and subject to such conditions, if any, as it may impose, permit the child to attend any approved School established as a part time institution or in which primary education is imparted on a part time basis.
Attendance Orders
13. (1) Wherever the local authority has reason to believe that the parent of a child has failed to cause the child to attend School in accordance with the provisions of this Act and that there is no reasonable excuse for the non-attendance of the child within the meaning of section 10, it shall hold an inquiry in the prescribed manner.
(2) If as a result of the inquiry , the local authority is satisfied that the child is liable to attend School in accordance with the provisions of this Act and that there is no reasonable excuse for his non-attendance within the meaning of section 10, it shall pass and attendance order in the prescribed form directing the parent to cause the child to attend School accordingly with effect from the date specified in the order.
(3) An attendance order passed against a parent in respect of a child under sub-section (2) shall, subject to the provision of sub-section (6), remain in force so long as this Act continues to apply to the child.
(4) If any parent against whom an attendance order has been passed, in respect of his child under sub-section (2), transfers the custody of the child to any other person during the period in which the attendance order is in force, such parent shall be bound immediately to give intimation thereof in writing to the local authority.
(5) An attendance order made under this section against a parent in respect of a child shall have effect in relation to every other person to whom the custody of the child may be transferred during the period in which the order is in force as if he were the parent, and the provisions of sub-section (4) shall apply accordingly to such person.
(6) A parent may at anytime apply to the authority passing an attendance order for cancellation of the attendance order on the ground-
(a) that he is no longer the parent in respect of the child or
i. that circumstances have arisen which provide a reasonable excuse for non attendance of the child in accordance with the order and thereupon, the authority passing an attendance order may, after holding an enquiry in the prescribed manner, cancel or modify the attendance order.
(7) Any parent aggrieved by an order made under sub-section (2) or subsection (6) may, within thirty days from the date of such order, appeal to the prescribed authority who may confirm , modify of rescind the order as it deems fit.
Penalty for Employing Child to whom Scheme applies
14. Whoever knowingly takes into his employment, either on his own behalf or on behalf of any person, any child in respect of whom the provisions of section 9 apply so as to interfere with the education or instruction of such child shall, subject to the provisions of section 20 on conviction, be punished with a fine not exceeding twenty five rupees and in the case of continuing contravention with an additional fine not exceeding rupee one for everyday during which such contravention continues after conviction for the first of such contravention.
Primary Education to be free
15. (1) No fees hall be charged in respect of any child for attending in any school maintained by the Government.
(2) Where, in respect of any child an attendance order has been passed under section13 and the obly school which he can attend is an approved school under private management failing within sub-clause (ii) of clause (b) of section 2, the local authority shall take such steps as it may think fit for the purpose of ensuring that the primary education which the child is to receive, is free.
Failure of local Authority to Prepare or implement scheme
16. (1) If any local authority when called upon to submit a scheme under sub-section (2) of section 3 fails to do so or after a Scheme has been sanctioned under sub-section (4) of section 3, fails to give effect to a Scheme so sanctioned, whether wholly or in part, the State Government may, after making such inquiry as it considers necessary and after giving an opportunity to the local authority to be held in the matter. Appoint any person to prepare the scheme or to give effect to it, as the case maybe, and may direct that such part of the expenses as the State Government may determine, shall be defrayed out of the funds belonging to the local authority. The person so appointed shall perform all the functions of a local authority under this Act in respect of the Scheme.
(2) Where any such direction as is referred to in sub-section (1) is issued, any person who has for the time being in the custody of any moneys on behalf of the local authority either as a banker or in any other capacity, shall not withstanding anything contained in any law for the time being in force, is bound to comply with such direction. Every payment made pursuant to such direction shall be sufficient discharge to such person from all liability to the local authority in respect of any amount so paid by him out of the money of the local authority so held by him.
Penalty for the Contravention of section 13.
17. (1) If any parent fails to comply with an attendance order made under section 13 unless such order is rescinded in an appeal made under subsection (7) of that section, he shall, on conviction, be punished with a fine not exceeding two rupees; and in the case of a continuing contravention, with an additional fine not exceeding one rupee for every day during which such contravention continues after conviction for the first of such contraviction.
Provided that the amount of fine payable by any one person in respect of any child in any one academic year shall not exceed fifty rupees.
(2) If any person fails to furnish any information as required by subsection (4) of section 13, he shall, on conviction, be punished with fine which may extend to twenty five rupees.
Power to with Draw, modify or suspend Schemes of compulsion.
18. A sanctioned Scheme may, with the sanction of the State Government, be withdrawn or from time to time, modified or temporarily suspended by a local authority or may, by an order published, with the reason for making it, in the Official Gazette be modified , cancelled or temporarily suspended by the State Government.
Courts competent to try Offences under section 14 and 17.
19. (1) For the purpose of taking cognizance of an offence under section 14 or section 17, the Courts of Judicial Magistrate shall be competent to take cognizance of such offence within their respective Districts.
(2) A court of a Judicial Magistrate taking cognizance of any offence under sub section (1) shall try the case summarily in the manner provided insection236 of the Code of Criminal Procedure, 1973 (2 of 1974)
Cognizance of offences
20. No Court shall take cognizance of an offence under this Act except on a compliant presented in person or sent by registered post by the attendance authority or any other person authorized in this behalf by the local authority by general or special order. Before making any complaint under section 14 of this Act against any person, the attendance authority or the person authorized by the local authority to make a complaint shall, unless such person has been previously convicted under that section , cause a warning to be given to such person.
Certain person to be public servants
21. Every person appointed under sub-section (1) of section7 and every person authorised under section 20 to make complaints shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860)
Protection of Action taken In good faith.
22. No suit, prosecution or other legal proceedings shall lie against the State Government or any authority or person in respect of anything which is in good faith done or intended to be done under this Act.
Delegation of Powers
23. (1) The State Government may, by notification in the Official Gazette and subject to such conditions, if any as may been specified in the notification, authorize any officer or authority subordinate to it to exercise all or any of the powers conferred on the State Government by or under this Act.
(2) A local authority may, by general or special order, authorize any of its members or any officer or authority subordinate to it to exercise all or any of the powers conferred on the local authority by or under this Act.
Constitution all Powers and Procedure of Primary Schools Panchayat
24. (1) The State Government may, by notification the Official Gazette, constitute a Primary School Panchayat for the trial of offences punishable under this Act.
(2) The Primary School Panchayat constituted under sub-section (1) shall consist of three members appointed by the State Government, one of whom shall be the Chairman. The qualifications of the members shall such as maybe prescribed. The members so appointed shall hold office during the pleasure of the State Government.
(3) Two members shall forma quorum for the disposal of the business of the Primary Schools Panchayat.
(4) Any vacancy of a member of the Primary Schools Panchayat shall be filled as early as practicable.
(5) Every local authority shall, with the approval of the State Government, maintain an adequate staff for enabling a Primary Schools Panchayat to discharge its functions under this Act.
Certificate of Head Master To be Conclusive evidence of parents failure to comply with section 17.
25. Where the parent of a child has failed to comply with an order made under sub-section (2) or as the case may be, such order as modified under subsection (6) of section 13, unless such order has been rescinded by a competent authority under sub-section (7) of that section, the Headmaster of such School shall issue a certificate to the effect that such parent has failed to cause the child to attend school in compliance with such direction and such certificate shall, until the contrary is proved, be presumed to be conclusive evidence of such failure in a prosecution against the parent under sectin17.
Saving of Pending Proceedings
26. Every prosecution under section14 or 17 pending before any Court in any area on the date on which a Primary School is constituted for such area under section 24 and all proceedings arising from or to any such prosecution shall be tried, heared and determined by such Court or any other Court having jurisdiction to try, hear and determine the same , as if no such Primary School Panchayat had been constituted for such area.
Power to make rules
27. (1) The State Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules to carry out the purpose of this Act.
(2) In particular and without prejudice to the generally of the foregoing powers, such rules may be made to provide for all matters expressly required or allowed by this Act to be prescribed by rules.
(3) Every rule made under this Act shall be laid, as soon as maybe after it is made, before the House , while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive Sessions, and if, before the expiry of the Session immediately following the session or successive session aforesaid , the House agree in making any modification in the rule or the House agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case maybe; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Repeal and savings
28. (1) Every Scheme of compulsion sanctioned under any of the provisions so repealed and in force immediately before the commencement of this Act shall be deemed to be a Scheme sanctioned under this Act and shall be executed in accordance with the provisions of this Act.
(2) Any right, privilege, obligation or liability acquired, accrued or incurred under any such scheme or under any other provisions so repealed shall continue as if acquired accrued or incurred under this Act and it may be enforced in accordance with the provisions of this Act.
(3) Any proposal, appointment, notification, order, rule, notice, report or delegation made or issued under any of the provisions so repealed shall, insofar as it is not inconsistent with the provisions of this Act, continue to be lawful until it is altered or superseded by a proposal, appointment, notification, order, rule, notice, report or delegation made or issued under this Act.
