Arunachal Pradesh Education Act, 2010
No: 8 Dated: May, 20 2010
THE ARUNACHAL PRADESH EDUCATION ACT 2010
(ACT NO. 08 OF 2010)
An Act to provide for better organization, development, discipline, academic pursuit and control of the elementary .secondary and teacher education institutions in the State for excellence and quality drive.
Whereas it is considered necessary to visualize tri-polar processteacher, taught and curriculum as well as to provide for the planned development of educational institutions, inculcation of healthy educational practices, maintenance and improvement in the standard of education and better organization, discipline and control over educational institutions in the State with a view to fostering the harmonious development of the mental and physical faculties of students and cultivating a scientific and secular outlook through education.
BE it enacted by the Arunachal Pradesh State Legislature in the Sixtyfirst Year of the Republic oflndia as follows:-
CHAPTER-I
General
1. Short title, extent, application and commencement- (1) This Act may be called the Arunachal Pradesh Education Act, 2010.
(2) It extends to the whole of the State of Arunachal Pradesh.
(3) It applies to all educational institutions and tutorial institutions in the State except-
(i) Institutions for scientific or technical education financed by the Central Government, and declared by Parliament by law to be institutions of national importance; (ii) Institutions of higher education which shall be deemed to be University as declared by the Central Government by a notification, under section 3 of the University Grants Commission Act, 1956 (Central Act 3 ofl956);
(iii) In so far as the matters pertaining to colleges and institutions are dealt within:-
(a) The Medical Council Act, 1956 (Central Act No. 2 of 1956):
(b) The Dentists Act, 1948 (Central Act No.16 of l 948);
(c) The Pharmacy Act, 1948 (Central Act No.8 of 1948);
(d) The Universities Act, 1904 (Central Act No.8 of 1904);
(e) The All India Council for Technical Education Act, 1987 (Central Act No. 52 of l987);
(f) The Indira Gandhi National Open University Act, 1985 (Centra1Act50ofI985);
(g) The Arunachal Pradesh Homoeopathic Council Act, 1998 (Act No. I of 1999);
(h) The Arunachal Pradesh Health Establishment Act, 2002 (Act No.3 of2002).
(iv) Such other class or classes of institutions, subject to such conditions and to such extent as the State Government may, by notification, specify:
(4) It shall come into force on such date as the State Government may, by notification, appoint and different dates may be appointed for different provisions of the Act.
2. Definitions: - In this Act, unless the context otherwise requires:-
(1) "academic year" means the year beginning on such date as the State Government or the prescribed authority may, by notification, specify with respect to any specified location or with respect to any educational institution or class of educational institutions ;
(2) "adult education" means the education or further education of a person of not less than fifteen years of age who has not attended any educational institution at any time before, or as the case may be, who is a dropout from an educational institution at any level of his studies therein;
(3) "approved school" means any school in any specified location imparting elementary and secondary education which,-
(a) is under the management of the State Government or a local authority; or
(b) being under any other management, is recognized by the State Government or by an officer authorized by the State Government in this behalf or by a school board as approved school for the purposes of this Act;
(4) "attendance authority" means any person having the prescribed qualification appointed to be an attendance authority under section 14;
(5) "child" means a male or female child of the age of six to fourteen years or as the State Government may specify for the purposes of this Act either generally or with respect to any specified localities:
(6) "competent authority" means any person, officer or authority authorized by the State Government, by notification, to perform the functions and discharge the duties of the competent authority under all or any of the provisions of this Act for such area or for such purposes or for such classes of institutions as may be specified in the notification;
(7) "commerce education" means education in typewriting, shorthand, Book-keeping and accountancy, business studies, office practice and procedure, salesmanship and marketing, banking practice, insurance practice and such other subjects as may be notified by the State Government;
(8) "commerce institution" means any institution imparting commerce education and presenting students for examinations conducted by the Central Board of Secondary Education Examination or the Council oflndian School Certificate Examination or any such Board if any.
(9) "district" means any of the districts as declared by the Government of Arunachal Pradesh under the Arunachal Pradesh (Re-organization of Districts)Act, 1980 (Act No. 3 ofl980);
(10) "District Education Officer" means an Officer appointed as Deputy Director of School Education and includes such other subordinate officer as may be prescribed to be in-charge of the administration of the elementary and secondary education as well as non-formal education in a district;
(11) "Director" means an officer appointed as the Director of School Education to discharge the function and exercise powers of the administration of secondary and elementary education or any such Director by whatever name called to discharge the function and exercise powers exclusively for elementary education in the State;
(12) "educational agency" in relation to a private educational institution, means any person or body of persons which has been established and is administering or proposes to establish and administer or is entrusted with the establishment, management, administration and maintenance of such private educational institution;
(13) "educational institution" means any institution imparting education referred to in section 3 and includes a private educational institution managed by an individual, body or local authority and is recognized by the State Government; but does not include an institution under the direct management of the university or of the Central Government or a tutorial institution;
(14) "employee" means a person employed in an educational institution or educational administration ;
(15) "general education" means every branch of education other than religious, professional, medical, technical or special education.
(16) "governing council" means any person or body of persons permitted or deemed to be permitted under this Act to establish or maintain a private educational institution; or commerce institution or tutorial institution and includes the governing body, by whatever name called, to which the affairs of the said educational institution are entrusted;
(17) "grant" or·"grant-in-aid" means any sum of money paid as aid out of the State funds to any educational institution ;
(18) (a) "managing committee" in respect of educational institution established, maintained and administered by the State Government means a committee at the school level with the composition-as may be prescribed by the Government by notification from time to time; and
(b) "managing committee" in respect of a private educational institution means the individual or the body of individuals entrusted or charged with the management and administration of and where a society, trust, or an association manages one or more than one such institution, includes the managing committee of each such institution;
(19) "medical education" includes education in modern scientific medicine, in all its branches, Ayurvedic system of medicine, Unani system of medicine, integrated system of medicine, indigenous medicine, Naturopathy, Siddha or Homoeopathy and Yoga etc. ;
(20) "non-formal education" means the education, of a person upto fifteen years of age who has not auended any educational institution at any time before or as the case may be, who is a drop-out from an educational institution at any level of his studies therein to enable him to enter the formal educational system at an appropriate level ;
(21) "parent" means either natural or step or adoptive father or mother of a child;
(22) "guardian" in relation to a child, means a person having the care and custody of that child and includes a natural guardian or guardian appointed or declared by a court or statute;
(23) "notification" means a notification published in the Official Gazette;
(24) "prescribed" means prescribed by rules made under this Act ;
(25) "school" means any recognized school imparting education up to XIIth standard ;
(26) (a) "inter village school" means a Residential Primary School in which education is imparted by clubbing contiguous villages with stipend and other facilities ;
(b) "primary school" means a school or part of such school in which primary education up to V" standard is imparted ;
(27) "elementary education" means the education from class one to eighth as are prescribed under this Act ;
(28) "secondary education" means education in and up to such class or standard as may be prescribed under this Act ;
(a) "Secondary School" means a school or part of such school in which education up to Xth standard is imparted.
(b) "Higher Secondary School" means a school or part of such school in which education up to XIIth standard is imparted.
(29) "private educational institution" means any educational institution imparting education referred to in section 3, established and administered or maintained by any person or body of persons registered in the manner prescribed and does not include an educational institution;
(i) established and administered or maintained by the Central Government or the State Government or any local authority or any other authority designated or sponsored by the Central Government or the State Government;
(ii) established and administered by any University established bylaw;
(iii) giving, providing or imparting only religious instruction, but not any other instruction ; or
(iv) imparting instruction for which there is no approved syllabi or course of studies or Government or University Examina tion
(30) "private tuition" means instruction or teaching given by an employee of a recognized educational institution outside its premises to students;
(31) "public interest" includes public order, public health, public morality and other similar purposes;
(32) "ragging" means causing, inducing, compelling or forcing a student, whether by way of a practical joke or otherwise, to do any act which detracts from human dignity or violates his person or exposes him to ridicule by intimidating, wrongfully restraining, wrongfully confining, or injuring him or by using criminal force to him or by holding out to him any threat of such intimidation, wrongful restraint, wrongful confinement, injury or the use of criminal force ;
(33) "recognized educational institution" means an educational institution recognized under this Act and includes one deemed to be recognized thereunder ;
(34) "registering authority" means any person, officer or authority authorized by the State Government by notification, to perform the functions and discharge the duties of the registering authority under all or any of the provisions of this Act for such area or for such purposes or for such classes of institutions as may be specified in the notification
(35) "secretary" in relation to a private educational institution means the person, by whatever name called, who under the rules or regulations of the private educational institution is a chief executive entrusted with management of the affairs of the institution;
(36) "society" includes a society registered under the Societies Registration (Extension to Arunachal Pradesh) Act, 1978 (Act No.6 of 1978) or Arunachal Pradesh Cooperative Societies Act, 1978 (Act No.3 of 1979 ) or any association of individuals registered under any other law for the time being in force;
(37) "special education" means education for the physically challenged, education in music, dance, drama, fine arts, and physical education including sports and games and such other types of education as the State Government may by notification in that behalf specify;
(38) "compulsory education" means enforcement of free and compulsory elementary education in the State;
(39) "technical education" means any course of study in Engineering, Technology, Architecture, Ceramics, Industrial Training, Mining or any other subject, as the State Government may, by notification, specify;
(40) "tribunal" means the Educational Appellate Tribunal constituted under section 93;
(41) "tutorial institution" means a registered institution established or run by not less than two persons for systematically imparting education or instruction to not more than twenty five pupils at a batch in any subject with a view to prepare them to appear for any competitive examination or an examination in any branch of education conducted or recognized by the State Government or the Universities in the State or anybody or authority under this Act or any other law for the time being in force.
(42) "examination" means an examination prescribed by the State Government and such other examinations as may be notified by the State Government in the Official Gazette and includes evaluation, tabulation, publication of results and all other matters connected therewith;
(43) "refusal to work" in relation to any person to whom any work in connection with any examination has been assigned means, his failure to attend at, or absence from, the place of work on a working day and during working hours, without obtaining permission of the authority .competent to grant such permission or his refusal to do the work or any other conduct on his part, which results in or is likely to result in cessation or substantial retardation of the work, and the words " to refuse to do the work", with all their grammatical variations and cognate expressions shall be construed accordingly;
(44) "malpractice" in relation to any examination means taking or giving or attempting to take or give any help from or to any person or from any material, written, recorded, typed or printed or from any person, in any form whatsoever.
(45) "state institutions", that is to say, educational institutions established or maintained and administered by State Government;
(46) "local authority" means a municipal corporation or municipal council or Zilla Parishad or Panchayat by whatever name called and includes such other authority or body having administr~ve control over the school or empowered by or under any law for the time being in force to function as a local authority in a city, town or village ;
(47) "local authority institutions", that is to say, educational institutions established or maintained and administered by a local authority ;
(48) "surplus fund" means all the monies that remains unused with the institution at the beginning of each academic year, after providing for all the objects, needs requirements or improvements of the institution during the previous three academic years.
(49) "transfer of property" includes sale, exchange, mortgage, charge, lease or gift ;
(50) "persons interested" includes all persons claiming or entitled to claim interest in the amount payable on account of the taking over of the management of the educational institution or requisitioning or acquisition of the property used for the purposes of an educational institution or of any other institution connected therewith under this Act.
(51) Words importing the singular number also include plural number and vice-versa.
(52) Words importing the masculine gender also include the feminine gender.