KARNATAKA COMPULSORY PRIMARY EDUCATION ACT, 1961
(1) This Act may be called the Karnataka Compulsory Primary Education Act, 1961.
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force on such date and in such area as the State Government may by notification specify and different dates may be specified for different areas.
In this Act, unless the context otherwise requires,
(1) "Academic Year" means the year beginning on such date as the State Government may by notification 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;
(2) "Appointed Day" means, with respect to any area, the date notified under sub-section (3) of Section 1 for such area;
(3) "Approved School" means any school in any specified area imparting primary education, which
11. Sub-clause (i) substituted by Act No. 18 of 1969 and shall be deemed to have come into force w.e.f. 21-5-1969. [(i) is under the management of the State Government or a local authority; or]
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33.The words "other than the Bombay Area and the Municipalities in the Madras Area and Bellay District" omitted by Act No. 18 of 1969 and shall be deemed to have come into force w.e.f. 21-5-1969. (1) The State Government may, by order, direct that with effect from the commencement of such academic year, and for children within such age group as may be specified in the order, primary education shall be compulsory in any area which may be so specified, 44.The words "other than the Bombay Area and the local areas constituted as Municipalities in the Madras Area and Bellary District" omitted by Act No. 18 of 1969 and shall be deemed to have come into force w.e.f. 21-5-1969. [x x x x x]
(2) Every order under sub-section (1) shall
(a) be published in the official Gazette, and in such other manner as the State Government may decide;
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11.Section 4 omitted by Act No. 18 of 1969 and shall be deemed to have come into force w.e.f. 21-5-1969. [x x x x x]
(1) The Director 22. The words "in areas other than the Bombay Area and the Municipalities in the Madras Area and Bellary District of the State and a District School Board or an authorised Municipality in the Bombay Area, or a Municipal Council in the Madras Area and Bellary District as the case may be omitted by Act No. 18 of 1969 and shall be deemed to have come into force w.e.f. 21-5-1969. [x x x x x], may appoint as many persons as he 33. The words "or it" omitted by Act No. 18 of 1969 and shall be deemed to have come into force w.e.f. 21-5-1969. [x x x x x] thinks fit to be Attendance Authorities for the purpose of this Act, and may also appoint as many persons as he 44. The words "or it" omitted by Act No. 18 of 1969 and shall be deemed to have come into force w.e.f. 21-5-1969. [x x x x x] considers necessary, to assist the Attendance Authorities in the discharge of their duties.
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It shall be the duty of the parent of every child to cause the child to attend an approved school, unless there is a reasonable excuse for his non-attendance within the meaning of Section 7.
For the purpose of this Act, any of the following circumstances shall be deemed to be a reasonable excuse for the non-attendance of the child at an approved school, namely.
(a) that there is no approved school within the prescribed distance from his residence;
(b) that the only approved school within the prescribed distance from the residence of the child to which the child can secure admission is one in which religious instruction of a nature not approved by his parent is compulsory;
(c) 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 the State Government in this behalf;
(d) that the child has already completed primary education up to the stand
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 (f) of Section 7.
(1) Whenever the Attendance Authority has reason to believe that the parent of the child has failed to cause the child to attend an approved school and that there is no reasonable excuse for the non-attendance of the child within the meaning of Section 7, it shall hold an inquiry in the prescribed manner.
(2) If, as a result of the inquiry, the Attendance Authority is satisfied that the child is liable to attend an approved school under this Act, and that there is no reasonable excuse for his non-attendance within the meaning of Section
(3) An attendance order passed against a parent in respect of his child under this section shall, subject to the provisions of sub-section (6), remain in force for so long as this Act continues to apply to the child.
(4) If any parent against whom an attendanc
No person shall employ a child in a manner which shall prevent the child from attending an approved school.
(1) No fee shall be levied in respect of any child for attending an approved school, which is under the management f the State Government, 11. Substituted for the words "a local authority or a School Board" by Act No. 18 of 1969 and shall be deemed to have come into force w.e.f. 1-4-1969. [or a Local Authority] as the case may be.
(2) Where in respect of any child an attendance order has been passed under Section 9 and the only school which he can attend is an approved school under private management falling within sub-clause (ii) of clause (3) of Section 2, 22. The words "the School Board or" omitted by Act No. 18 of 1969 and shall be deemed to have come into force w.e.f. 1-4-1969. [x x x x x] the Director may take such steps, as 33. The words "it or" omitted by Act No. 18 of 1969 and shall be deemed to have come into force w.e.f. 1-4-1969. [x x x x x] he may think fit, for the pu
The age of a child for the purposes of this Act shall be computed in terms of years completed by the child on or before the first day of the academic year:
Provided that where the birthday of a child falls on a day not later than sixty days from the first day of the academic year, the birthday shall be deemed to fall on the first day of the academic year for the purpose of computing the age of the child.
(1) If any person fails to furnish any information as required by sub-section (4) of Section 9, he shall, on conviction, be punished with fine which may extend to twenty-five rupees.
(2) If any parent fails to comply with an attendance order passed under Section 9, he shall, on conviction, be punished with fine not exceeding two rupees, and, in the case of a continuing contravention, with an additional fine not exceeding fifty naya paise for every day during which such contravention continues after conviction for the first of such contraventions: Provided that the amount of fine in any one year shall not exceed one hundred rupees.
If any person contravenes the provisions of Section 10, he shall, on conviction, be punished with fine which may extend to twenty-five rupees, and in the case of a continuing contravention, with an additional fine not exceeding one rupee for every day during which such contravention continues after conviction for the first of such contraventions.
11. Section 15 omitted by Act No. 18 of 1969 and shall be deemed to have come into force w.e.f. 1-4-1969. [x x x x x]
22. Chapter III and Sections 16 and 17 substituted by Act No. 18 of 1969 and shall be deemed to have come into force w.e.f. 21-5-1969. Section16 Levy of Education Cess
For the purpose of providing for the cost of promoting primary education in the State, there shall be levied an education cess at the rate of 33. Substituted for the words "five paise" by Act No. 33 of 1976 and shall be deemed to have come into force w.e.f. 1-4-1976. [ten paise] in the rupee on
(i) land revenue;
(ii) State revenue mentioned in Schedule A; and
(iii) items of tax mentioned in Schedule B levied under any law for the time being in force by a local authority.
The education cess payable under Section 16 shall be recovered along with land revenue, State revenue or tax on which such cess is levied, and the provisions of the law and the rules, orders and notifications made or issued thereunder for the time being in force, shall apply to the recovery of education cess as they apply in respect of the recovery of the said land revenue, State revenue or items of tax.
No Court shall take cognizance of an offence under this Act, except on the complaint of an Attendance Authority or any other person authorised in this behalf by the State Government by general or special order.
The Attendance Authority, every person appointed to assist the Attendance Authority under sub-section (1) of Section 5 and every person authorised to make complaints under Section 18, x x x x x] shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.
No suit, prosecution or other legal proceeding shall lie against the State Government or any authority or person in respect of anything which is in good faith done or intended to be done under this Act.
If the State Government is satisfied that it is necessary or expedient so to do in public interest or that circumstances exist which render it necessary so to do, it may, by notification, exempt any class of persons in any specified area from the operation of all or any of the provisions of this Act.
11.Clauses (b) and (c) of the second proviso omitted by Act No. 18 of 1969 and shall be deemed to have come into force w.e.f. 1-4-1969. [x x x x x]
(1)The State Government may, by notification and subject to such conditions, as may be specified in the notification, authorise any officer or authority subordinate to it to exercise all or any of the powers conferred on the State Government by this Act, except the power under sub-section (3) of Section 1, Section 24 and Section 26.
(2) The Director may, by general or special order, and with the previous approval of the State Government, and subject to such conditions as may be specified in the order, authorise any officer or authority subordinate to him to exercise all or any of the powers conferred on the Director by or under this Act.
(3) Nothing in this section shall derogate from the right of the State Government or the Director to exercise any or all of the powers delegated by it or by him, as the case may be, to any subordinate of
(1) The State Government may, by notification and after previous publication, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely.
(a) the classes or standards, education in or up to which shall be considered as primary education;
(b) the manner in which lists of children may be prepared by the Attendance Authority in any specified area;
(c) the distance beyond which a child cannot be compelled to attend an approved school;
(d) the form in which an attendance order under this Act shall be passed;
(e) the manner
On the date on which primary education becomes compulsory in any specified area, the Hyderabad Compulsory Primary Education Act, 1952 (Hyderabad Act XL of 1952), Chapter V of the Madras Elementary Education Act, 1920 (Madras Act VIII of 1920), Chapters VI and VII of the Karnataka Elementary Education Act, 1941 (Karnataka Act VI of 1941), and Chapter VI and Section 52 of the Bombay Primary Education Act, 1947 (Bombay Act LXI of 1947) shall stand repealed in such area: Provided that such repeal shall not affect
(a) the previous operation of the said enactments or anything duly done or suffered thereunder;
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said enactments; or
(c) any liability, or punishment incurred in respect of any offence committed agai
(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification, make such provisions not inconsistent with the purposes of this Act as appear to it to be necessary or expedient for removing the difficulty.
(2) The provisions made by a notification under sub-section (1) shall have effect as if enacted in this Act, and any such notification may be made so as to be retrospective to any date not earlier than the appointed day:
Provided that no person shall be deemed to be guilty of an offence by reason of so much of any notification as makes any provision thereof retrospective to any date before the making thereof.
SCHEDULE A
..Duties of excise leviable under the Karnataka Excise Act, 1965 (Karnataka Act 21 of 1966) on the following goods manufactured or produced in the State and countervailing duties levied on similar goods manufactured or produced elsewhere:
.(a) Alcoholic liquors for human consumption;
.(b) Opium, Indian hemp and other narcotic drugs and narcotics.
SCHEDULE B The following taxes leviable by local authorities under any law for the time being in force, namely
SCHEDULE B
.The following taxes leviable by local authorities under any law for the time being in force, namely:
. (1) Taxes on buildings and lands.
. (2) Taxes on vehicles and animals. 2[(3) x x x x x.]]
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