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Start Free TrialThe Assam Elementary Education (Provincialisation) Act, 1974 Complete Act
State: Assam
Year: 1974
.....to provide for free and compulsory education for all children until they complete the age of 14 years, and in implementation thereof the repealed Act was enacted, and the present Act is basically in the same spirit. The Supreme Court, in the case of In re, Kerala Education Bill, 1957 [AIR 1958 SC 956], following the decisions in the case of State of Madras v. Smt. Champakam Darairajan [AIR 1951 SC 226]; Hanif Qureshi v. The State of Bihar [AIR 1958 SC 731], held that the directive principles of State policy have to conform to and run as subsidiary to the Chapter on Fundamental Rights. CHAPTER I 1. Short title, extent and commencement. (1) This Act may be called the Assam Elementary Education (Provincialisation) Act, 974 (2) It extends to the whole 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 as may be notified in this behalf. (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.....
List Judgments citing this sectionThe Tamil Nadu Elementary Eduction Act, 1920 Complete Act
State: Tamil Nadu
Year: 1920
.....if the child is exempt from attendance on any other prescribed ground. (4) Enforcement of Compulsion (Section 51 is amended as per Amendment Acts II of 1935; Act No. VIII of 1946 and Act No. XXXV of 1958) 51. Enforcement of the liability of guardians under section 49 " (1) In areas where education is made compulsory under this Act the District Educational Officer concerned shall be responsible for the enforcement of the provisions of section 49, and subject to such rules as may be prescribed, shall impose a penalty, not being less than such minimum sum and not exceeding such maximum sum as may be prescribed, on any guardian who has without reasonable excuse failed to discharge the obligation created by section 49. (2) Against any order of a District Educational Officer imposing a penalty under sub-section (1) an appeal shall lie, within one month of the date of the service of such order, to the Director of Public Instruction who may confirm, reduce or cancel the penalty. (3) Any penalty imposed under this section shall be recovered from the guardian concerned in the same manner as if it were a tax levied under the law for the time being in force governing the.....
List Judgments citing this sectionThe Tamil Nadu Compulsory Elementary Education Act, 1994 Complete Act
State: Tamil Nadu
Year: 1994
.....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. 7. Penalty. - 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. 8. Cognizance of offences. - 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. 9. Competent authority, etc. to be public servants. - 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). 10. Power of.....
List Judgments citing this sectionThe Assam Elementary Education (Provincialisation) Rules, 1977 Complete Act
State: Assam
Year: 1977
.....Constitution, illegality cannot be regularized. The decision in Director of Technical Education v. K Sitadevi, AIR 1991 SC 308 was distinguished on facts. Percentage of marks whether can be insisted for appointment of a teacher. As held in the case of Debeswar Bora v. State of Assam [(1990) 2 GLJ 489] R. 3 (iii) (a), (b) does not provide that a candidate should have the qualifying examination with certain percentage of marks and this cannot be insisted either for appointment or if a teacher is appointed he should be terminated. Appointment of teachers- Qualification- Minimum of 40 % marks in Pre-University whether a statutory requirement. The question that arose in the case of Debeswar Bora v. State of Assam [1991 (1) GLR 1] as to whether there is any legal or statutory requirement for a candidate for appointment to secure 40% of marks, be it for the post of Primary School or be it for the post of Middle School, R. 3 (iii) (a) and (b) does not indicate so. Hence it cannot be insisted that a candidate should have passed the qualifying examination with certain percentage of marks. Any such insistence would be inconsistent with 1977 Rules. The requirement of such minimum of.....
List Judgments citing this sectionRight of Children to Free and Compulsory Education Act 2009 Section 4
Title: Special Provisions for Children Not Admitted To, or Who Have Not Completed,elementary Education
State: Central
Year: 2009
Where a child above six years of age has not been admitted in any school or though admitted, could not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to his or her age: Provided that where a child is directly admitted in a class appropriate to his or her age, then, he or she shall, in order to be at par with others, have a right to receive special training, in such manner, and within such time-limits, as may be prescribed: Provided further that a child so admitted to elementary education shall be entitlted to free education till completion of elementary education even after fourteen years.
View Complete Act List Judgments citing this sectionRight of Children to Free and Compulsory Education Act 2009 Chapter V
Title: Curriculum and Completion of Elementary Education
State: Central
Year: 2009
.....shall take into consideration the following, namely:-- (a) conformity with the values enshrined in the Constitution; (b) all round development of the child; (c) building up child's knowledge, potentiality and talent; (d) development of physical and mental abilities to the fullest extent; (e) learning through activities, discovery and exploration in a child friendly and child-centered manner; (f) medium of instructions shall, as far as practicable, be in child's mother tongue; (g) making the child free of fear, trauma and anxiety and helping the child to express views freely; (h) comprehensive and continuous evaluation of child's understanding of knowledge and his or her ability to apply the same. Section 30 - Examination and completion certificate (1) No child shall be required to pass any Board examination till completion of elementary education. (2) Every child completing his elementary education shall be awarded a certificate, in such form and in such manner, as may be prescribed.
View Complete Act List Judgments citing this sectionRight of Children to Free and Compulsory Education Act, 2009 Complete Act
State: Central
Year: 2009
..... (k) "parent" means either the natural or step or adoptive father or mother of a child; (l) "prescribed" means prescribed by rules made under this Act; (m) "Schedule" means the Schedule annexed to this Act; (n) "school" means any recognised school imparting elementary education and includes-- (i) a school established, owned or controlled by the appropriate Government or a local authority; (ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority; (iii) a school belonging to specified category; and (iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority; (o) "screening procedure" means the method of selection for admission of a child, in preference over another, other than a random method; (p) "specified category", in relation to a school, means a school known as Kendriya Vidyalaya, Navodaya Vidyalaya, Sainik School or any other school having a distinct character which may be specified, by notification, by the appropriate Government; (q) "State Commission for Protection of Child Rights" means the.....
List Judgments citing this sectionRight of Children to Free and Compulsory Education Act 2009 Chapter III
Title: Duties of Appropriate Government, Local Authority and Parents
State: Central
Year: 2009
.....of neighbourhood, as may be prescribed, a school, where it is not so established, within a period of three years from the commencement of this Act. Section 7 - Sharing of financial and other responsibilities (1) The Central Government and the State Governments shall have concurrent responsibility for providing funds for carrying out the provisions of this Act. (2) The Central Government shall prepare the estimates of capital and recurring expenditure for the implementation of the provisions of the Act. (3) The Central Government shall provide to the State Governments, as grants-in-aid of revenues, such percentage of expenditure referred to in sub-section (2) as it may determine, from time to time, in consultation with the State Governments. (4) The Central Government may make a request to the President to make a reference to the Finance Commission under sub-clause (d) of clause (3) of article 280 to examine the need for additional resources to be provided to any State Government so that the said State Government may provide its share of funds for carrying out the provisions of the Act. (5) Notwithstanding anything contained in sub-section (4), the State.....
View Complete Act List Judgments citing this sectionRight of Children to Free and Compulsory Education Act 2009 Chapter II
Title: Right to Free and Compulsory Education
State: Central
Year: 2009
.....1996 (1 of 1996), shall have the right to pursue free and compulsory elementary education in accordance with the provisions of Chapter V of the said Act. Section 4 - Special provisions for children not admitted to, or who have not completed, elementary education Where a child above six years of age has not been admitted in any school or though admitted, could not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to his or her age: Provided that where a child is directly admitted in a class appropriate to his or her age, then, he or she shall, in order to be at par with others, have a right to receive special training, in such manner, and within such time-limits, as may be prescribed: Provided further that a child so admitted to elementary education shall be entitlted to free education till completion of elementary education even after fourteen years. Section 5 - Right of transfer to other school (1) Where in a school, there is no provision for completion of elementary education, a child shall have a right to seek transfer to any other school, excluding the school specified in sub-clauses (iii) and (iv) of clause (n) of.....
View Complete Act List Judgments citing this sectionRight of Children to Free and Compulsory Education Act 2009 Section 8
Title: Duties of Appropriate Government
State: Central
Year: 2009
.....to every child of the age of six to fourteen years; and (ii) ensure compulsory admission, attendance and completion of elementary education by every child of the age of six to fourteen years; (b) ensure availability of a neighbourhood school as specified in section 6; (c) ensure that the child belonging to weaker section and the child belonging to disadvantaged group are not discriminated against and prevented from pursuing and completing elementary education on any grounds; (d) provide infrastructure including school building, teaching staff and learning equipment; (e) provide special training facility specified in section 4; (f) ensure and monitor admission, attendance and completion of elementary education by every child; (g) ensure good quality elementary education conforming to the standards and norms specified in the Schedule; (h) ensure timely prescribing of curriculum and courses of study for elementary education; and (i) provide training facility for teachers.
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