This Act provides for free and compulsory Primary education for children in the Union Territory of Delhi.
Delhi Primary Education Act, 1960
[Act 39 of 1960] [20th September, 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. 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 date1 as the State Government may, by notification in the Official Gazette, appoint.
| Other Contents of Delhi Primary Education Act, 1960 |
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| Sections 1 to 11 |
| Sections 12 to 26 |
2. Definitions.
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.
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).
4. Primary education to be compulsory in areas covered by schemes.
4. Primary education to be compulsory in areas covered by schemes.—(1) On receipt of sanction under sub-section (4) of Section 3, the local authority shall give effect to the scheme so sanctioned by means of a declaration that with effect from the first day of the next academic year primary education shall be compulsory in any area specified in the declaration for children ordinarily resident in that area and within such age group and up to such class or standard as may be specified in the declaration.
(2) Every declaration under sub-section (1) shall—
(a) be published in the Official Gazette and in such other manner as the local authority may decide;
(b) be so made as to ensure that there is an interval of not less than one hundred and twenty days between the date of the publication of the declaration and the first day of the next academic year.
5. Grants-in-aid.
5. Grants-in-aid.—The State Government shall, in respect of every scheme sanctioned under sub-section (4) of Section 3 or prepared under sub-section (1) of Section 17, bear such part of the recurring and non recurring cost of the scheme as it may from time to time determine.
6. Duty of local authority to prepare lists of children.
6. Duty of local authority to prepare lists of children.—It shall be the duty of the local authority to cause to be prepared as early as possible after the publication of a declaration under Section 4, and in such manner as may be prescribed, a list of children in any specified area; and the local authority shall cause the list to be revised at such intervals as may be prescribed.
7. Attendance authorities.
7. Attendance authorities.—(1) The local authority may appoint as many persons as it thinks fit to be attendance authorities for the purposes of this Act, and may also appoint as many persons as it considers necessary to assist the attendance authorities in the discharge of their duties.
(2) In the exercise of any of the powers conferred by or under this Act, the attendance authority or any person appointed to assist the attendance authority may put such questions to any parent or require any parent to furnish such information, about his child as it or he considers necessary, and every such parent shall be bound to answer such questions or to furnish such information, as the case may be, to the best of his knowledge or belief.
8. Attendance authority to notify parent of his obligation towards his child.
8. Attendance authority to notify parent of his obligation towards his child.—It shall be the duty of the attendance authority to notify the parent of every child to whom the declaration under Section 4 applies that he is under an obligation to cause the child to attend an approved school with effect from the beginning of the next academic year.
9. Responsibility of parent to cause his child to attend school.
9. Responsibility of parent to cause his child to attend school.—It shall be the duty of the parent of every child to cause the child to attend an approved school unless there be a reasonable excuse for his non-attendance within the meaning of Section 10.
10. Reasonable excuse for non-attendance.
10. Reasonable excuse for non-attendance.—For the purposes of this Act, any of the following circumstances shall be deemed to be a reasonable excuse for the non-attendance of a child at an approved school,—
(a) that there is no approved school within the prescribed distance from his residence;
(b) that the child is receiving instruction in some other manner which is declared to be satisfactory by the State Government or by an officer authorised by it in this behalf;
(c) that the child has already completed primary education up to the class or standard specified in the declaration under Section 4;
(d) that the child suffers from a physical or mental defect which prevents him from attendance;
(e) that there is any other compelling circumstance which prevents the child from attending school, provided the same is certified as such by the attendance authority;
(f) such other circumstance as may be prescribed.
11. Special schools for physically or mentally deficient children.
11. Special schools for physically or mentally deficient children.—If there is in existence a special school within the prescribed distance from the residence of a child who is suffering from a physical or mental defect, the attendance authority may, if it is satisfied that the child is not receiving any instruction in some other manner considered by it to be satisfactory, by order require the child to attend the special school; and it shall be the duty of the parent of such child to cause the child to attend the special school unless there be a reasonable excuse for the non-attendance of the child within the meaning of clause (e) of Section 10.
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