Assam Elementary Education Act, 1962

{
    "id": 15061,
    "slug": "assam-elementary-education-act-1962-1962",
    "title": "Assam Elementary Education Act, 1962",
    "short_title": "Assam Elementary Education Act, 1962",
    "act_number": "(Assam Act No. 30 of 1962)",
    "act_year": 1962,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Assam Elementary Education Act, 1962",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Area of compulsion\" means an area specified or the purpose of making elementary education compulsory under section 41 ;\n(b) \"Attendance Authority\" means any person appointed to be an attendance authority under section 47 ;\n(c) \"Autonomous District\" means the autonomous districts under the Sixth Schedule to the Constitution of India ;\n(d) \"Basic Training Centre\" means an Institution in which teachers are trained in Basic Education ;\n(e) \"Block Development Officer\" means the Executive Officer appointed by the Government to be in-charge of a Community Development Block ;\n(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 ;\n(g) \"District Council\" means a District Council constituted under sub-paragraph (I) of paragraph 2 of the Sixth Schedule to the Constitution of India ;\n(h) \"Elementary Education\" means education up to such class or standard, not beyond the eighth class or standard, as may be prescribed ;\n(i) \"Elementary School\" means a school where elementary education is imparted ;\n(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 ;\n(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):\n(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;\n(m) \"Notification\" means a notification published in the Official Gazette ;\n(n) \"Prescribed\" means prescribed by rules made under this Act ;\n(o) \"Recognised School\" means a school recognised under this Act ;\n(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) ;\n(q) \"State Board\" means the State Board for elementary Education constituted under section 3.\nChapter H\nState Board, its constitution and Powers and functions",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. State Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Constitution of the State Heard.",
            "chapter": null,
            "content": "(i) The Minister of Education, by virtue of his office, who shall be the Chairman of the Board.\n(ii) The Deputy Minister of Education, by virtue of his office who shall be the Vice-Chairman of the Board.\n(iii) The Director of Public Instruction by virtue of his office.\n(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.\n(v) The Assistant Director of Public Instruction in-charge of Women's Education.\n(vi) One Inspector of Schools, to be nominated by the State Government.\n(vii) One Principal of a Basic Training Centre to be nominated by the State Government.\n(viii) Five representatives to be elected by the Assam Legislative Assembly from amongst its members.\n(ix) One representative from each of the District Councils of the Autonomous Districts.\n(x) One Chairman of a Municipal Board or a Town Committee to be nominated by the State Government.\n(xi) Two Presidents of Mohkuma Parishads to be nominated by the State Government.\n(xii) Three members to be nominated by the State Government who will be educationists and of whom one will be a woman.\n(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.\n(xiv) Chairman of the State Social Welfare Board.\n(xv) Two representatives of teachers of Lower",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Publication of the names of members of the State Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Term of office of the member of the State Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Resignation of membership.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Cessation of membership.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Removal of members.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Duties and functions of the State Board.",
            "chapter": null,
            "content": "(a) to lay down principles for allocation of grants for carrying out the purposes of this Act, to the local authorities ;\n(b) to lay down procedure and conditions and to hold such tests as may be necessary for recruitment of teachers of elementary schools on such terms and conditions of service as may be prescribed ;\n(c) to lay down conditions for recognition, expansion and amalgamation of elementary schools, and opening of elementary schools ; and\n(d) to do any other act which the State Board considers necessary for carrying out the purposes of this Act fully and effectively.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Responsibility of the State Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Chairman to preside over meetings.",
            "chapter": null,
            "content": "13. powers and duties of the secretary.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "14",
            "title": "14. The Assistant Secretaries their powers and duties.",
            "chapter": null,
            "content": "(i) to operate the fund placed at his disposal by he State Board ;\n(ii) to appoint his office staff and manage his office properly ;\n(iii) to appoint teachers in recognised schools on the advice of a Committee constituted by the State Board under section 16 and transfer them as necessary and also grant such leave, other than casual leave, to them as may be admissible ;\n(iv) to make payment of contingent expenditure to schools and salaries to the teachers and other employees of the State Board, if any, in the area concerned by himself or through the Block Development Officer or through such other officer as may I e specified by the Government for this purpose;\n(v) to make payments to the local authorities for proper maintenance of schools in the manner prescribed ;\n(vi) to make such other payments including scholarships as may be prescribed ;\n(vii) to maintain proper accounts of the fund placed at his disposal ;\n(viii) to carry out such other duties as may be entrusted to him by the Secretary, State Board for the purpose of carrying out the provisions of the Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "15",
            "title": "15. Rules of business.",
            "chapter": null,
            "content": "Chapter III\nAdvisory Committee for State Board",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "16",
            "title": "16. Advisory Committee for state Board.",
            "chapter": null,
            "content": "Chapter IV\nElementary Education Fund",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "17",
            "title": "17.  Elementary Education Fund.",
            "chapter": null,
            "content": "(i) All sums of money that may be in the State Basic Education Fund, constituted under section 11 of the Assam Basic Education Act, 1954 (Assam Act XXV of 1954), on the date on which this Act comes into force ;\n(ii) such grants as may be made by the State Government to the State Board for the purpose of elementary education ;\n(iii) all income derived from any endowment or property owned or managed by the State Board for the purposes of this Act; and\n(iv) all other sums of money that may be received by. the State Board under or for the purposes of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "18",
            "title": "18. Application of the Fund.",
            "chapter": null,
            "content": "(i) payment of grants to the local authorities and to the District Councils, as the case may be, for the purpose of elementary education ;\n(ii) payment of grants to a school authority or other authorities, if any, on specific projects and schemes on elementary education ;\n(iii) payment of salaries of the officers of the State Board, and its office expenses ;\n(iv) payment of such retirement benefits, gratuities and contributions to the Provident Funds in respect of the officers of the State Board as may be prescribed ;\n(v) payment of such travelling and other allowances to members and officers of the State Board as may he prescribed; and\n(vi) payment of any other sums which the State Board is legally liable to pay, or of any other liability as may be prescribed.\nNote. - The Assistant Secretaries of the State Board shall be deemed to be local authorities under, and for the purpose of this section.\nNote.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "19",
            "title": "19. Administration of the fund.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "20",
            "title": "20. Receipt and expenditure.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "21",
            "title": "21. Budget.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "22",
            "title": "22. Accounts and audits.",
            "chapter": null,
            "content": "Chapter V\nLocal Authorities Power of Management of Elementary Schools",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "23",
            "title": "23. Management through local authorities and District Councils.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "24",
            "title": "24. Co-ordinating agency.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "25",
            "title": "25. Powers and functions of local authority.",
            "chapter": null,
            "content": "(i) construction, expansion, improvements and maintenance of school buildings ;\n(ii) supply of necessary equipments to elementary schools ;\n(iii) arranging of play grounds, mid-day meal-drinking water and medical inspection of students;\n(iv) preparation and maintenance of a register of children of the area in the form prescribed ;\n(v) decision, when necessary, as to who is the guardian of a child or the head of a family ;\n(vi) arrangement for stocking and marketing and disposal of the products of school crafts ;\n(vii) arrangement for periodic exhibition of such products in the region ;\n(viii) supervision of attendance ; and\n(ix) such other duties and functions, as may be entrusted to them by the State Board for carrying out the purposes of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "26",
            "title": "26. Powers of District Council.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "27",
            "title": "27. Control of State Government on local authorities.",
            "chapter": null,
            "content": "Chapter VI\nFund of Local Authority and its Operation",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "28",
            "title": "28. The fund of the local authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "29",
            "title": "29. Constitution of the fund.",
            "chapter": null,
            "content": "(i) grants or allotments, as the case may be, made by the State Board for the purpose of elementary education ;\n(ii) fees and fines realised under the provisions of this Act ;\n(iii) all other sums of money that may be realised by the authority concerned under, and for the purposes of this Act ;\n(iv) any other sum of money that may be received from the State Government for any specific purpose, concerning elementary education or for the general purpose of carrying out the provisions of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "30",
            "title": "30. Application of the furl.",
            "chapter": null,
            "content": "(i) payment of salaries of-\n(a) the establishment maintained by the local authority concerned on account of elementary education as may be prescribed ;\n(b) teachers and other employees of the elementary schools ;\n(c) such salary or honoraries as may be prescribed to the Attendance Authority ;\n(ii) payment of such retirement benefits, gratuities and contributions to the Provident Funds in respect of the employees mentioned in clause (i) as may be prescribed ;\n(iii) payment of any stipend or scholarship to students in accordance with Rules and Orders of the Education Department ;\n(iv) payment of such sums of money as may be found necessary for construction, expansion, improvement and maintenance of school buildings and for provision of mid-day meal, play ground, furniture and equipment ;\n(v) payment of travelling and other allowances to the officers and establishment of the local authorities concerned, as may be prescribed ; and\n(vi) payment of any other sum which the local authority concerned is legally liable to pay or of any other liability as may be prescribed.\nNote. - The Assistant Secretaries of the State Board, the Block Development Officers, the District Councils shall be treated as local authorities for the purpose of this section.\nNote.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "31",
            "title": "31. Accounts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "32",
            "title": "32. Audit.",
            "chapter": null,
            "content": "Chapter VII\nProperties of the School Board",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "33",
            "title": "33. Cessation of jurisdiction of School Boards.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "34",
            "title": "34. Absorption of properties, etc.",
            "chapter": null,
            "content": "(1) all money deposited in the hands of and held by the State Advisory Board for Basic Education constituted under section 3 of the Assam Basic Education Act, 1954 (Assam Act XXVI of  1954) on the date on which the State Board established under this Act takes charge of office, shall be transferred to and be held by the State Board ;\n(2) all teachers and other employees of Schools maintained by School Board shall be taken over by the State Board :\n(3) all other employees of the School Boards including the employees in the office of the School Boards shall be taken over and employed in the manner laid down by the State Government in this behalf ;\n(4) the office buildings of School Boards together with furniture and equipments shall vest in the State Government and be utilised for such  purposes as may be in consonance with the provisions of this Act ;\n(5) all buildings and other properties including the land owned by any school under the management of a School Board, shall vest in and be held by the local authority concerned created under this Act;\n(6) all residuary properties held before the commencement of this Act by any authority constituted under the Assam Basic Education Act, 1954(Assam Act XXVI of 1954), and not transferred to a local authority or to the State Government under the provision of this Act shall vest in and be held by the State Board.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "35",
            "title": "35. State Government's power to settle disputes.",
            "chapter": null,
            "content": "Chapter VIII\nRecognition of Elementary Schools and their Affairs",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "36",
            "title": "36. Classes of schools to be recognised as Elementary Schools.",
            "chapter": null,
            "content": "(a) all Government Middle Vernacular Schools and Government Senior Basic Schools including those that receive grant-in-aid from Government ;\n(b) all Middle Vernacular Schools including Middle Madrass as under the management of any other Authority or Authorities, that have been recognised by the Stare Government, to be responsible for maintenance of such schools;\n(c) all schools under the management of the School Boards ;\n(d) all Primary Schools and Senior Basic Schools maintained or aided directly by Government or by any other duly constituted authority which .is recognised by the State Government to be responsible for imparting elementary education.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "37",
            "title": "37. Recognition and grant-in-aid to new Elementary Schools.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "38",
            "title": "38. Appointment of teachers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "39",
            "title": "39. Appeal.",
            "chapter": null,
            "content": "Part II\nChapter IX\nCompulsory Education",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "40",
            "title": "40. Exemption from fees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "41",
            "title": "41. Compulsory.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "42",
            "title": "42. Duty of guardian.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "43",
            "title": "43. Exemption.",
            "chapter": null,
            "content": "(i) the child is receiving education otherwise than in a recognised Elementary School to the satisfaction of the Attendance Authority ;\n(ii) the child has already completed the standard of elementary education prescribed ;\n(iii) there is no recognised Elementary School within the distance of one mile from the residence of the child, or, even if there is such a school when such a school is not reasonably or conveniently accessible from such residence ;\n(iv) the child is prevented from attending school by sickness, infirmity or any other mental or physical defect accepted as sufficient ground by the Attendance Authority ; or\n(v) there is any other compelling circumstance which, in the opinion of the Attendance Authority prevents child from attending a recognised Elementary School.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "44",
            "title": "44. Part time instruction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "45",
            "title": "45. Preparation of details enforcing compulsion.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "46",
            "title": "46. Duty of the local authorities to arrange for attendance.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "47",
            "title": "47. Attendance Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "48",
            "title": "48. Restriction on employment of child.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "49",
            "title": "49. Penalty.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "50",
            "title": "50. Courts competent to try offence.",
            "chapter": null,
            "content": "(a) in areas where the Panchayati Adalat has been constituted under section 81 of the Assam Panchayat Act, 1959(Assam Act XXIV of 1959) the Adalat within whose jurisdiction the offence is committed ;\n(b) in other areas-the Court of a Magistrate having jurisdiction.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "51",
            "title": "51. Cognizance of offences.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "52",
            "title": "52. Certain persons to be servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "53",
            "title": "53. Restriction on legal proceedings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "54",
            "title": "54. Rules.",
            "chapter": null,
            "content": "(i) laying down terms and conditions of service of teachers of Elementary Schools including conduct and discipline of teachers ;\n(ii) laying down powers and duties of the Secretary of the State Board required to be prescribed under section 13 ;\n(iii) manner of placing Funds by the State Board at the disposal of kcal authorities and other authorities constituted under this Act ;\n(iv) manner of making payments including scholarships by the State Board\n(v) laying down the Rules of Business of the State  Board\n(vi) fixation of rates of retirement benefits, gratuity and contribution to Provident Fund of the employees of the State Board ,\n(vii) laying down conditions of drawal and fixation of rates of travelling and other allowances to members and officers of the State Board ;\n(viii) payment of other liability that the State Board is legally liable to pay ;\n(ix) manner of preparing the annual budget estimates by the State hoard ;\n(x) laying down conditions under which management of elementary schools shall vest in the local authority ;\n(xi) laying down the form of register of children to be maintained by a local authority ;\n(xii) laying down conditions under which administration of elementary education has to be carried out in the Autonomous Districts ;\n(xiii) laying down condition, for placing of hinds with different authorities constituted under this Act;\n(xiv) manner of disbursing of funds by a local authority or by any other authority constituted under this Act ;\n(xv) terms and conditions of service of the establishment of the local authorities ;\n(xvi) payment of retirement benefits, gratuity and contribution to the Provident Fund in respect of the employees of the local authorities constituted under this Act.\n(xvii) fixation of rates of travelling and other allowances to the officers and establishment of the local authorities :\n(xviii) conditions of payment of other liabilities that a local authority has to make ;\n(xix) manner of keeping accounts by a local authority, a District Council, the Assistant Secretaries and by the Block Development Officers ;\n(xx) laying down conditions of taking over of assets of the School Boards by a local authority ;\n(xxi) fixation of standard up to which no fees are t a be charged ;\n(xxii) fixing the limits of the age for a child ;\n(xxiii) manner of preparation of details as required under section 45 ;\n(xxiv) fixation of powers, duties and responsibilities of the Attendance Authorities ;\n(xxv) fixing time and manner of serving attendance order on guardians ; and\n(xxvi) manner of advising the Assistant Secretary under sub-section (4) of section 16.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "55",
            "title": "55. Repeal and savings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 12th June, 2020 [ass400]",
        "Act Number": "(Assam Act No. 30 of 1962)",
        "Enactment Date": "",
        "Act Year": "1962",
        "Short Title": "Assam Elementary Education Act, 1962",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:55:19"
}