CITY OF BOMBAY PRIMARY EDUCATION ACT, 1920

BOMBAY ACT NO.XV OF 1920

13th December 1920

Adapted and modified by the Adaptation of Indian Laws Order in Council

Amended by Bom. 8 of 1950.

Adapted and modified by the Adaptation of Laws Order, 1950.

Amended by Bom 48 of 1950.

An Act to provide for the extension of primary education in Greater Bombay

WHEREAS it is expedient to provide for the extension of primary education in 2 Bombay]; It is hereby enacted as follows:

SECTION 01: SHORT TITLE EXTENT AND CONSTRUCTION

(1) This Act may be called the City of Bombay Primary Education Act, 1920.

(2) IL extends only to Bombay].

(3) It shall be construed as part of and supplementary to the City of Bombay Municipal Act, 1888, hereinafter called “the principal Act”.

SECTION 02: DEFINITION

In this Act, unless there is anything repugnant in the subject or context—

(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 3 Committee with the approval of the prescribed educational authority;

(2) child” means a chi]d whose age is not less than s and not more than eleven years;

(3)”parent” includes a guardian and any person who has the actual custody of a child;

2. Thu words were substituted for the original by Bom. 17 of 1945,  s.9, read with Bom. 8 of 1950.

3. These words were substituted for the words “School‘s Committee” by Bom. 48 of 1950.

(4) -prescribed" means prescribed by rules made by the 1[2[ [State] Government under this Act;

(5) "primary education" means such education as is for the time being recognized as such by the '['[State] Government;

(6)"recognized primary school" means a school (or a department of a school) in Much instruction in primary education is given and which is for the time being recognized by the prescribed educational authority;

3[(7) "Education Committee" means a committee appointed under section 50H of the principal Act.]

SECTION 03: ISSUE OF NOTIFICATION MAKING PRIMARY EDUCATION COMPULSORY

(1) The Corporation may with the previous sanction of the 1[2[State Government declare by notification that the primary education of boys or of girls or of children of both sexes shall be compulsory in 4[Greater Bombay] or in any ward or part of a ward thereof from a date to be mentioned in the notification: provided that, where a notification has been issued nuclei this section with reference to children of one sex only, the Corporation may with the like sanction issue a subsequent notification with reference to children of the other sex.

(2) A notification under this section shall be published in the '[Official Gazette] and shall be posted at the municipal office and at such other places, if any, as the Corporation shall deem necessary.

SECTION 04: CORPORATION TO MAKE PROVISION FOR PRIMARY EDUCATION

A notification shall not be issued under section 3 unless the Corporation satisfy the 6[7[State] Government] that they are in a position to make and will make adequate provision in municipal or other recognized schools for free and compulsory primary education.

1. The words "Provincial Government- were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council.

2. The word "State" was substituted for the word 'Provincial" by the Adaptation of Laws Order, 1950.

3. Clause (7) was substituted for the original by Bom 48 of 1950,s. 8 1.

4. These words were inserted for the original by Bonn. 17 of 1945, s. 9, read with Bom. 8 of 1950

5. The words "Official Gazelle- were substituted for the words "Bombay Government Gazette" by the Adaptation of Indian Laws Order in Council.

6. The words "provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council.

7. The word "State" was substituted for the word "Provincial" by the Adaptation of Laws Order 1950.

SECTION 05: RESOLUTION TO BE PASSED BEFORE ISSUE OF NOTIFICATION

A notification shall not be issued under section 3 unless the Corporation have so determined by resolution passed at a general meeting specially ea in this behalf, and unless such resolution has been supported by at least two thirds of the councilors present at the meeting and by at least one-half of the whole number of councilors.

SECTION 06: DUTY OF [EDUCATION COMMITTEE]

Where a notification has been issued under section 3 for any ward or part of a ward, it shall be the duty of the 1[Education Committee], subject to the provisions of this Act and the principal Act, to enforce the provisions of this Act respecting the attendance of children at school and the employment of children.

SECTION 07: DUTY OF PARENT TO CAUSE CHILDREN TO ATTEND SCHOOL

Where a notification under section 3 is in force in any ward or part of a ward, the parent of every child to which such notification applies shall, in the absence of a reasonable excuse as herein after provided, and if such parent and child ordinarily reside in such ward or part of a ward, cause such child to attend a recognized primary school therein.

SECTION 08: MEANING OF REASONABLE EXCUSE

A parent shall be deemed to have a reasonable excuse for failure to cause a child to attend a recognized primary school in any of the following cases:

(a) where the child is prevented from attending school by sickness, infirmity or other unavoidable cause;

(b) where the child is receiving, otherwise than in a recognized primary school, instruction which in the opinion of the 3[Educational Committee] is efficient, or has already completed his primary education

(c) where there is no recognized primary school within one mile, measured according to the nearest road, from the residence of the child.

SECTION 09: ISSUE OF ATTENDANCE ORDER

Where the 1[Education Committee] is satisfied that the parent of any child who is bound under the provisions of section 7 to cause such child to attend a recognized primary school, has failed to do so, the 1[Educational Committee] after giving the parent an opportunity of being heard and after such enquiry as it considers necessary, may pass an order directing the parent to cause such child to attend a recognized primary school on and from a date which shall be specified in the order.

1. These words were substituted for the words “Schools Committee” by Bom. 48 of 1950

SECTION 10: PENALTY FOR FAILURE TO CAUSE CHILD TO ATTEND SCHOOL

(1) Any parent against whom an order with reference to a child has been passed under section 9 and who fails to comply with the provisions of section 7 with respect to such child on and after the date specified in such order, shall, on conviction before a magistrate, be liable to a fine not exceeding five rupees.

(2) No court shall take cognizance of an offence under this section except on the complaint of the 1[Education Committee].

SECTION 11: PENALTY FOR EMPLOYING CHILD LIABLE FOR COMPULSORY EDUCATION

(1) Whoever knowingly takes into his employment, either on his own behalf or on behalf of any other person, any child in respect of whom the provisions of section 7 apply, so as to interfere with the efficient instruction of such child, shall, on conviction before a magistrate, be liable to a fine not exceeding twenty-five rupees.

(2) No court shall take congnizance of an offence under this section except on the complaint of the '[Education Committee], and before making any complaint under this section against any person, the 2[Education Committee] shall, unless such person has previously been convicted under this section in respect of the same child, cause a warning to be given to such person.

SECTION 12: '[EDUCATION COMMITTEE] MAY AUTHORIZE PERSON TO APPEAR

A complaint to a magistrate under section 10 or section 11 may be made on behalf of the '[Education Committee] by such person as may be authorized by the committee in this behalf.

SECTION 13: [TAXATION FOR THE PURPOSES OF THIS ACT.] Repealed by Bom 48 of 1950,s.83.

SECTION 14: REMISSION OF FEES

Where a notification under section 3 is in force in any ward or part of a ward, no fee shall be charged in any municipal school in respect of the primary education of any child of the sex specified in such notification whose age does not exceed eleven years.

SECTION 15: POWER TO EXEMPT PARTICULAR CLASSES OR COMMUNITIES

The 2[3[State] Government] may by notification in the 4[Official Gazette] exempt any particular class or community from the operation of this Act.

1. These words were substituted for the words ‘Schools Committee” by Bom. 48 of 1950,s.82.

2. The words “Provincial Government” were substituted for the words ‘Governor in Council” by the Adaptation of Indian Laws Order in Council.

3. This word was substituted for the word Provincial by the Adaptation 1950.

4. The words Official Gazette were substituted for the words “ Bombay Government Gazette” by the Adaptation of Indian Laws Order in Council.

SECTION 16: WITHDRAWAL OF NOTIFICATION ON DEFAULT

If in the opinion of the 1[2[State] Government], the Corporation have made default in any of the requirements of this Act, after giving the Corporation an opportunity of furnishing an explanation the1 [2[State] Government] may by notification in the 3[0flicial Gazette] cancel any notification which has been issued under section 3.

SECTION 17: [FINES TO BE CREDITED TO CORPORATION.]

Omitted by the Adaptation of Indian Laws Order in Council.

SECTION 19: RULES

(1) The 1[2[State] Government] may by notification in the 3[Official Gazette] make rules for the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing provision, such rules may be made

(a) prescribing the educational authority by whom the duties imposed by section 2, sub-sections (1) and (6), shall be performed;

(b) prescribing the manner in which application maybe made for sanction to issue a notification under section 3;

(c) determining generally what shall be considered to be adequate provision for free and compulsory primary education under section 4; (d) requiring the Corporation to prepare and publish a register of children liable for compulsory primary education in the municipal district; and

(c) When the 4[2 [State] Government] determine to share the cost of providing free and compulsory primary education, specifying the extent to which the cost thereof shall be borne by the 4[2[State] Government].

19-20. [Amendments made by sections 19 and 20 have been incorporated in Bom III of 1888.]