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Bihar and Orissa Primary Education Act, 1919
Bihar and Orissa Primary Education Act, 1919
Sections
1. Short title.
Section 12. Definitions.
Section 22A. Creation of Basic Education Board.
Section 2A3. Issue of notification declaring primary education of children compulsory.
Section 34. Appointment, constitution and functions of school committee.
Section 45. Duty of parent to cause children to attend school.
Section 56. Meaning of reasonable excuse.
Section 67. Issue of attendance order by Magistrate.
Section 78. Penalty for failure to obey attendance order.
Section 89. Penalty for employing child in contravention of the Act.
Section 910. School committee may authorize member to appear.
Section 1011. Exemption from compulsory education.
Section 1115. Schools to be opened to inspection.
Section 1516. Withdrawal of notification under Section 3, on default.
Section 317. Local authority to take the place of a school committee if no school committee appointed.
Section 1718. Rules.
Section 18
bihar-and-orissa-primary-education-act-1919.json
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16 Sections
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Bihar
{
"id": 15206,
"slug": "bihar-and-orissa-primary-education-act-1919",
"title": "Bihar and Orissa Primary Education Act, 1919",
"short_title": "Bihar and Orissa Primary Education Act, 1919",
"act_number": "[Bihar & Orissa Act No. 1 of 1919]",
"act_year": 1919,
"act_type": "STATE",
"location": "Bihar",
"law_status": "unknown",
"enactment_date": null,
"description": "Bihar and Orissa Primary Education Act, 1919",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title.",
"chapter": null,
"content": "Extent.",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(1) to \"attend\" a recognized primary school means to be present for instruction at such school on such days and at such time or times on each day as may be required by the school committee with the approval of the prescribed educational authority;\n[(1a) \"basic education\" means such a system of instruction as is for the time being recognised as basic education-by the [State] Government;]\n[(2) \"Child\" means a boy or a girl who is not less than six and not more than eleven years of age or, in an area especially notified by the State Government in this behalf, boy or a girl not less than six and not more than fourteen years of age;]\n[(3) \"local authority\" means -\n(a) in an area constituted, or deemed to be constituted, a municipality under the Bihar and Orissa Municipal Act, 1922, the Municipal Commissioners;\n(b) in an area constituted a Union under Section 38 of the Bihar and Orissa Local Self Government Act of 1885, the Union Committee of such Union, subject to the control of the District Board;\n(c) in area constituted a Union under the Bihar and Orissa Village Administration Act, 1922, the Union Board of such Union subject to the control of the District Board;\n[(d) in Patna, as defined in clause (gg) of Section 4 of the Patna Municipal Corporation Act, 1951 (Bihar Act 13 of 1952), the Patna Municipal Corporation; and]\n(e) in an area specified in a notification issued under sub-section (1) of Section 388 of the Bihar and Orissa Municipal Act, 1922, the Committee constituted under clause (c) of Section 389 of that Act, for such area;]\n(4) \"parent\" includes a guardian and any person who isHiable to maintain or has actual custody of a child;\n(5) \"prescribed\" means prescribed by Rule made by the [State] Government under this Act;\n(6) \"Primary education\" means such instruction in reading, writing and arithmetic and other subjects (if any) as is for the time being recognized as such by the [State] Government [and includes] basic education;\n[(6a) \"recognized basic school\" means a school in which basic education is given and which is recognized as such by the Bihar Basic Education Board constituted under Section 2A or by an officer of the Education Department of the [State] Government not below the rank of a District Inspector of Schools authorized by the Bihar Basic Education Board;]\n(7) \"recognized primary school\" means a school in which primary education is given, and which is for the time being recognized by the prescribed educational authority [and in area in respect of which a declaration under sub-section (4) of Section 3 has been made by the [State] Government, includes a recognised basic school] ;\n(8) \"school committee\" means a committee constituted under Section 4 of this Act.",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "2A",
"title": "2A. Creation of Basic Education Board.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "3",
"title": "3. Issue of notification declaring primary education of children compulsory.",
"chapter": null,
"content": "(a) unless the local authority has so determined by resolution passed at a general meeting specially called in this behalf and such resolution has been supported by at least two-thirds of the members present at the meeting;\n(b) unless the local authority has satisfied the [State] Government that it is in a position to make and intends to make adequate provision in schools maintained or aided or to be provided and maintained or aided by it for primary education of all children for whom such education will become compulsory upon the issue of such notification;\n(c) except with the previous sanction of the [State] Government.\n(a) the powers of the local authority under this Act shall be in abeyance;\n(b) sub-sections (3) of Section 3, Section 4,11,15,16 and 17 and clause (d) of sub-section (2) of Section 18 of this Act shall have effect as if for the expression 'the local authority', wherever it occurs in those sections, the expression 'the basic education authority' were substituted.",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "4",
"title": "4. Appointment, constitution and functions of school committee.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "5",
"title": "5. Duty of parent to cause children to attend school.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "6",
"title": "6. Meaning of reasonable excuse.",
"chapter": null,
"content": "(a) where the child is prevented from attending school on account of sickness, infirmity, domestic necessity, the seasonal needs of agriculture or other sufficient cause;\n(b) where the child is receiving, otherwise than in a recognized primary school, instruction which in the opinion of the school committee is efficient or has already completed his primary education;\n(c) where there is no recognized primary school within a distance of one mile by the nearest route from the residence of the child.",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "7",
"title": "7. Issue of attendance order by Magistrate.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "8",
"title": "8. Penalty for failure to obey attendance order.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "9",
"title": "9. Penalty for employing child in contravention of the Act.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "10",
"title": "10. School committee may authorize member to appear.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "11",
"title": "11. Exemption from compulsory education.",
"chapter": null,
"content": "[12. Free Primary Education Cess.\n(a) declare that from a date specified therein the primary education of child ordinarily residing in any area shall be free; and\n(b) impose in such area with effect from the same date a cess to be called free primary education cess] .\n[13. Rate of free primary education cess.\n(a) in any municipality constituted under the Bihar and Orissa Municipal Act, 1922, and in any area specified in a notification issued under subsection (1) of Section 388 of that Act, be [fifty per cent] of the tax on holding under clause (b) of sub-section (1) of Section 82 or under clause (b) of Section 389, as the case may be, of that Act and shall be recoverable in the same manner as if it were such tax;\n(b) in the area to which the Patna Municipal Corporation Act, 1951, applies, be [fifty per cent] of the tax on a holding under clause (a) of Section 123 of that Act and shall be recoverable in the same manner as if it were such tax; and\n(c) in any other area, other than a Cantonment, be [fifty per cent] of the total rent which is payable by raiyat, or if no rent is actually payable, would, on a reasonable assessment, be payable, during the year, for land by raiyat or by any other person in actual use or occupation thereof and shall be recoverable in the manner as if it were such rent.]\n[14. Liability to pay school fees.",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "15",
"title": "15. Schools to be opened to inspection.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "3",
"title": "16. Withdrawal of notification under Section 3, on default.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "17",
"title": "17. Local authority to take the place of a school committee if no school committee appointed.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "18",
"title": "18. Rules.",
"chapter": null,
"content": "(a) Prescribe the educational authority referred to in Section 2, subsection (1) and (7);\n[(aa) prescribe the powers of the Bihar Basic Education Board;]\n(b) determine generally what shall be considered to be adequate provision for primary education under Section 3, sub-section (2)(b);\n(c) prescribe the manner in which application shall be made for the sanction referred to in Section 3, sub-section (2) (c), and the particulars to be furnished with such application;\n(d) prescribe the manner in which the school committee shall be constituted, the number of members and the period of office of members of the school committee, its duties and powers in respect of the direction of education in, and the regulation of, primary schools, the manner in which it shall transact its business, its relations with the local authority and with the prescribed educational authority [or the Bihar Basic Education Board, as the case may be] and the circumstances in which separate school committees may be appointed for separate portions of an area in respect of which a notification under Section 3 has been issued; [and]\n[(e) prescribe the authority by whom the free primary education cess shall be assessed and collected, the terms subject to which such authority shall function and the manner in which accounts, registers and records shall be maintained by such authority.",
"footnote": "",
"is_definition": false,
"sort_order": 15
}
],
"metadata": {
"Act ID": "Last Updated 31st January, 2020 [bh621]",
"Act Number": "[Bihar & Orissa Act No. 1 of 1919]",
"Enactment Date": "",
"Act Year": "1919",
"Short Title": "Bihar and Orissa Primary Education Act, 1919",
"Type": "STATE",
"Location": "Bihar"
},
"updated_at": "2026-09-29 21:55:19"
}