Assam Elementary Education Act, 1962
No: 30 Dated: Oct, 05 1962
THE ASSAM ELEMENTARY EDUCATION ACT , 1962
ASSAM ACT No.XXX OF 1962
An Act to make provision for the management and control of elementary education and to provide for free and compulsory elementary education in Assam
Preamble. - Where as it is expedient to make better provision for the development, expansion, management and control of elementary education ;
And Whereas it is further expedient that free and compulsory elementary education should be introduced in the State in gradual stages;
It is hereby enacted in the Thirteenth Year of the Republic of India as follows :-
Part I
CHAPTER
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Assam Elementary Education Act, 1962.
(2) It extends to the whop, of Assam except the Autonomous Districts :
Provided that the Governor may, with the consent of the District Council concerned, extend all or any of the provisions of this Act to all or any of the Autonomous Districts on such date or dates as may be notified in this behalf.
(3) It shall come into force at once.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context :-
(a) "Area of compulsion" means an area specified or the purpose of making elementary education compulsory under section 41 ;
(b) "Attendance Authority" means any person appointed to be an attendance authority under section 47 ;
(c) "Autonomous District" means the autonomous districts under the Sixth Schedule to the Constitution of India ;
(d) "Basic Training Centre" means an Institution in which teachers are trained in Basic Education ;
(e) "Block Development Officer" means the Executive Officer appointed by the Government to be in-charge of a Community Development Block ;
(f) "Child" means a person of either sex, of such age, between six and fourteen years, or as the State Government may, from time to time, prescribe ;
(g) "District Council" means a District Council constituted under sub-paragraph (I) of paragraph 2 of the Sixth Schedule to the Constitution of India ;
(h) "Elementary Education" means education up to such class or standard, not beyond the eighth class or standard, as may be prescribed ;
(i) "Elementary School" means a school where elementary education is imparted ;
(j) "Guardian" means the person to whom the duty of taking care of, bringing up or the custody of the child has been entrusted by Jaw or custom, or by any lawful authority, or who has in fact accepted or assumed such duty, or has actual custody of such child or where such guardian cannot be readily ascertained such person as the Local Authority shall decide ;
(k) "Local Authority" means a Municipal Board as defined in the Assam Municipal Act, 1956 (Aasam Act XV of 1957), a Town Committee as established under section 335 of the said Act, and a Gaon Panchayat established under the Assam Panchayat Act, 1959 (Assam Act XXIV of 1959):
Provided that the State Board shall be deemed as Local Authority for the areas not covered by Municipality, Town Committee, Gaon Panchayat and District Council ;
(l) "Management" means and includes such powers and functions in respect of the Local Authorities and of District Councils as have been laid clown in this Act;
(m) "Notification" means a notification published in the Official Gazette ;
(n) "Prescribed" means prescribed by rules made under this Act ;
(o) "Recognised School" means a school recognised under this Act ;
(p) "School Board" means a Regional Board for basic education constituted under section 76 of the Assam Basic Education Act, 1954(Assam Act XXVI of 1954) ;
(q) "State Board" means the State Board for elementary Education constituted under section 3.
CHAPTER II
State Board, its constitution and Powers and functions
3. State Board. - (1) The State Government shall constitute a State Board for Elementary Education to advise Government for the development, expansion, management and control of elementary education in the State.
(2) The State Board shall be a body corporate with perpetual succession and a common seal, and 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 property, to transfer any such property so held by it, and to do all other acts necessary for carrying out its duties and functions under this Act And the rules made thereunder.
4. Constitution of the State Heard. - (1) The State Board shall be constituted with the following members :-
(i) The Minister of Education, by virtue of his office, who shall be the Chairman of the Board.
(ii) The Deputy Minister of Education, by virtue of his office who shall be the Vice-Chairman of the Board.
(iii) The Director of Public Instruction by virtue of his office.
(iv) The Joint Director of Public Instruction or the Officer in-charge of Elementary Education by whatever name he may be designated, by virtue of his office, who shall be the Secretary of the Board.
(v) The Assistant Director of Public Instruction in-charge of Women's Education.
(vi) One Inspector of Schools, to be nominated by the State Government.
(vii) One Principal of a Basic Training Centre to be nominated by the State Government.
(viii) Five representatives to be elected by the Assam Legislative Assembly from amongst its members.
(ix) One representative from each of the District Councils of the Autonomous Districts.
(x) One Chairman of a Municipal Board or a Town Committee to be nominated by the State Government.
(xi) Two Presidents of Mohkuma Parishads to be nominated by the State Government.
(xii) Three members to be nominated by the State Government who will be educationists and of whom one will be a woman.
(xiii) Members not exceeding three in number to be nominated by the State Government to serve such other interests as, in the opinion of the Government, should specially be represented.
(xiv) Chairman of the State Social Welfare Board.
(xv) Two representatives of teachers of Lower Primary and Middle Vernacular Schools to be nominated by the State Government.
(2) No person shall be entitled to continue as a member under clause (viii) of sub-section (1) if he ceases to be a member of the Legislative Assembly,
(3) No person nominated or appointed by virtue of his office under this section shall continue to be a member of the State Board, if he ceases to hold that office.
(4) Seven members shall form the quorum.
5. Publication of the names of members of the State Board. - As soon as the State Board has been constituted, the names of the members thereof shall be notified by the State Government.