Delhi Primary Education Act, 1960
No: 39 Dated: Sep, 20 1960
THE DELHI PRIMARY EDUCATION ACT, 1960
ACT NO. 39 OF 1960
An Act to provide for free and compulsory Primary education for children in the Union territory of Delhi.
BE it enacted by Parliament in the Eleventh Year of the Republic of India as follows:—
1. Short title, extent and commencement.—(1) This Act may be called the Delhi Primary Education Act, 1960.
(2) It extends to the Union territory of Delhi.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “academic year” means the year beginning on such date as a local authority may specify with respect to any specified area or with respect to approved schools generally or any approved school or class of approved schools in particular within its jurisdiction;
(b) “approved school” means any school in any specified area within the jurisdiction of a local authority 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 recognised by the local authority as an approved school for the purposes of this Act;
(c) “attendance authority” means any person appointed to be an attendance authority under section 7;
(d) “to attend an approved school” means to be present for instruction at an approved school on so many days in a year and at such time or times on each one of those days as may be fixed by the local authority concerned;
(e) “child” means a boy or girl within such age group, not being less than six or more than fourteen, as may be specified in a declaration made under section 4;
(f) “local authority” means the Municipal Corporation of Delhi, the New Delhi Municipal Committee and the Delhi Cantonment Board;
(g) “parent”, in relation to any child, includes a guardian and every person who has the actual custody of the child;
(h) “prescribed” means prescribed by rules made under this Act;
(i) “primary education” means education up to such class or standard, not beyond the eighth class or standard, as may be prescribed;
(j) “rural areas” shall have the meaning assigned to it in section 2 of the Delhi Municipal Corporation Act, 1957 (66 of 1957);
(k) “special school” means any institution which imparts such primary education as is in the opinion of the State Government suitable for children suffering from any physical or mental defect;
(l) “specified area” means any area within the jurisdiction of a local authority in which primary education is declared by that authority to be compulsory under section 4.
3. Schemes for primary education.—(1) It shall be the duty of every local authority to provide for compulsory primary education for children ordinarily resident within its jurisdiction, and for this purpose it shall, from time to time, submit to the State Government such proposals in the form of a scheme as it may think fit providing for such compulsory primary education in the whole or any part of the area within its jurisdiction for children of such ages and up to such class or standard as it may decide.
(2) Notwithstanding anything contained in sub-section (1), the State Government may, at any time, call upon a local authority to submit to it within such time as may be specified a scheme for compulsory primary education in such area within the jurisdiction of the local authority for children ordinarily resident therein, and of such ages and up to such class or standard, as the State Government may specify.
(3) The scheme submitted under sub-section (1) or sub-section (2) shall be in such form as the State Government may specify and shall contain the following particulars,—
(a) the area in which primary education shall be compulsory;
(b) the approximate number of children to whom the scheme will apply, classified according to age and mother-tongue;
(c) a list of existing approved schools and the schools, if any, proposed to be opened for the purpose, classified by languages in which instruction is given or is proposed to be given;
(d) the number of teachers already employed and the additional staff proposed to be recruited;
(e) the recurring and non-recurring cost of the scheme; and
(f) such other particulars as may be prescribed.
(4) The State Government may, after making such inquiry as it may consider necessary, sanction with or without modifications the scheme submitted by the local authority under sub-section (1) or sub-section (2).