The Tamil Nadu Compulsory Elementary Education Act, 1994 Complete Act - Bare Act

(Omitted by clause (1) of section 5 by Tamil Nadu Act 49 of 1997)
[Tamil Nadu Act 33 of 1995]

An Act to amend and consolidate the law relating to, and to make better provisions for, compulsory elementary education in the State of Tamil Nadu.

WHEREAS under Article 45 of the Constitution of India, the State shall endeavour to provide, within a period of ten years from the commencement of the Constitution, for free and compulsory education for all children until they complete the age of fourteen years;

AND WHEREAS a policy decision has been taken by the Government of Tamil Nadu to provide compulsory elementary education for all children of school age in this State:

AND WHEREAS to give effect to that policy decision, it is necessary to make elementary education compulsory for all such children;

AND WHEREAS it is also necessary to make it obligatory on the part of every parent or guardian of a child to cause the child to attend to an elementary school:

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-fifth Year of the Republic of India as follows:-

In terms of Article 45 of the Constitution of India, the State shall endeavour to provide for free and compulsory education for all children until they complete the age of fourteen years. A policy decision has now been taken by the Government of Tamil Nadu to provide compulsory elementary education for all children of school age in this State. To give effect to that policy decision, it is necessary to make elementary education compulsory for all children of school age. It is also necessary to make it obligatory on the part of every parent or guardian of a child of school age to cause the child to attend to an elementary school.

2. The Bill seeks to achieve the above objects (Published in the Tamil Nadu Government Gazette, Page Nos. 295-297 (L.A. Bill No. 16 of 1994).

Short title, extent and commencement. - (1) This Act may be called the Tamil Nadu Compulsory Elementary Education Act, 1994.

(2) It extends to the whole of the State of Tamil Nadu.

(Omitted by clause (1) of section 5 by Tamil Nadu Act 49 of 1997) [(3) It shall come into force on such date as the Government may, by notification, appoint and different dates may be appointed for different provisions of the Act.]

(Omitted by clause (1) of section 5 by Tamil Nadu Act 49 of 1997) The Act came into force on and from the 29^th June 1998 (G.O.Ms.No.242, dated 29.6.1998)

- In this Act, unless the context otherwise requires, -

(1)
"attendance at an elementary school" means presence for instruction at an elementary school for such number of days, and on such days in a year, and at such time or times on each day of attendance, as may be prescribed;

(2)
"competent authority" means the competent authority appointed by the Government under Section 6;

(3)
"elementary education" means education in such subjects and upto such standard as may be prescribed;

(4)
"elementary school" means a school recognised as an elementary school by the competent authority and includes any elementary school in existence on the date of commencement of this Act which has been recognised as such by the Director of Elementary Education or by any authority of the Education Department;

(5)
"Government" means the State Government;

(6)
"guardian" means by person to whom the care, nurture or custody of any child falls by law or by natural right or by recognised usage, or who has accepted or assumed the care, nurture or custody of any child or to whom the care, nurture or custody of any child has been entrusted by any lawful authority;

(7)
"parent" means the father or mother of a child and includes an adopted father or mother;

(8)
"school age" in relation to a child means such age as may be prescribed;

(9)
"year" means the academic year commencing on the 1^st day of June.

Elementary education to be compulsory. - (1) Subject to the provisions of this Act, elementary education shall be compulsory for every child of school age.

(2) For giving effect to the provisions of sub-section (1), the Government shall provide such number of elementary schools in the State with trained teachers, as may be considered necessary.

" It shall be the duty of every parent or guardian of a child of school age to cause such child to attend an elementary school.

- Attendance at an elementary school for a child of school age shall not be compulsory -

[Omitted by clause (1) of section 5 by Tamil Nadu Act 49 of 1997]

(2) if such child is prevented from attending an elementary school by reason of sickness, infirmity or such other cause as may be prescribed;

(3) if such child is attending any unrecognised school provided that the education imparted therein is declared to be satisfactory by the competent authority;

(4) if such child is imparted education in such other manner as may be declared to be satisfactory by the competent authority;

(5) if such child has already been imparted education in an elementary school or otherwise, upto the standard prescribed for elementary education; or

(6) if such child is exempt from attendance on any other ground as may be prescribed

(1) The Government may, by notification, appoint any officer of the Education department, not below the rank of District Educational Officer, to be the (District Elementary Education Officer of the Education District concerned to be the competent authority (G.O.Ms.No.243. dt. 29.6.1998)) [competent authority] for the purpose of carrying into effect the provisions of this Act and the rules made thereunder and different competent authorities may be appointed for different areas.

(2) The competent authority shall exercise such powers and perform such other functions as may be prescribed.

- Every parent or guardian of a child of school age who fails to discharge his duty under section 4 shall be punishable with fine which may extend to one hundred rupees.

- No court shall take cognizance of an offence punishable under this Act except on a complaint in writing made by an (District Elementary Officer of the Education District concerned to be the officer (G.O.Ms.No.244. dt. 29.6.1998)) [Officer] authorised by the Government in this behalf by general or special order.

- The competent authority appointed under section 6 and the officer authorised under section 8 shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).

" The Government may, in the public interest, by order, direct the competent authority to make an enquiry or to take appropriate proceedings under this Act in any case specified in the order, and the competent authority shall report to the Government the result of the enquiry made or the proceedings taken by him within such period as may be prescribed.

- No suit, prosecution or other legal proceedings shall lie against the Government or an officer of the Government, for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.

" The Government may make rules to carry out all or any of the purposes of this Act.

(2) Every rule or order made under this Act shall, as soon as possible, after it is made, be placed on the Table of the Legislative Assembly and if, before the expiry of the session in which it is so placed or the next session, the Assembly makes any modification in any such rule or order, or the Assembly decides that the rule or order should not be made, the rule or order shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification, or annulment shall be without prejudice to the validity of anything previously done under that rule or order.

- If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion requires by order published in the Tamil Nadu Government Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to them to be necessary or expedient for removing the difficulty:

Provided that no order shall be made after the expiry of a period of two years from the date of commencement of this Act.

(S.16 Substitution by Act 40 of 1997) [16.
Repeal and Saving. - (1) The Tamil Nadu Elementary Education Act, 1920 (Tamil Nadu Act VIII of 1920) (hereinafter in this section referred to as the said Act) except sections 32, 33, 34, 35, 37, 38, 39 and 40 and the rules made thereunder is hereby repealed.

(2) The levy, rates, assesment and realisation of education tax and Government contribution to the elementary education fund in respect of municipalities shall be determined in accordance with the provisions of sections 32, 33, 34, 35, 36, 37, 38, 39 and 40 of the said Act, as if the said sections shall be deemed to always have been incorporated in this Act.]