BENGAL PRIMARY EDUCATION ACT, 1919

Act No. 04 of 1919

14th May, 1919

An Act to provide for the extension of primary education in Municipalities and in certain other areas in Bengal. Whereas it is expedient to provide for the extension of primary education in Municipalities and in certain other areas in Bengal. It is hereby enacted as follows:--

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S.1 Short title and extent

For Statements of Objects and Reasons, see the Calcutta Gazette of 1917, Pt. IV, page 41; and for Proceedings in Council, see the Calcutta Gazette of 1918, Pt. IVA, pages 80-84, and 1157-1165, and see the Calcutta Gazette of 1919, Pt. IVA, page 34, and pages 148-220, and 520-553.

(1) This Act may be called the Bengal Primary Education Act, 1919.

(2) It extends in the first instance to all Municipalities in 1[West Bengal]:

Provided that the 3[State Government] may, by a notification published in the 4[Official Gazette], extend the provisions of this Act, with such modifications, for the purposes of adaptation, as they may deem fit, to any area in a Union constituted under section 38 of the Bengal Local Self-Government Act of 1885 (Ben. Act III of 1885), 5[or under section 5 of the Bengal Village Self-Government Act, 1919 (Ben. Act V 1919),] and may authorize the Union Committee 6[or the Union Board] for such area to exercise and perform all or any of the powers

S.2 Definitions

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

• (1) "to attend a recognised primary school" means to be present for instruction at such school for so many and on such days in the year and at such time or times on each day as may be prescribed by the School Committee for such school, subject to the rules and orders of the Education Department of the 1[State Government];
• (2) "Commissioners" means the persons for the time being appointed or elected to conduct the affairs of a Municipality;
• (3) "guardian" includes a parent or any person who is liable to support, or has the custody of, a boy not being less than six or more than ten years of age;
• (4) "Municipality" means Calcutta as defined in 2[clause (11) of section 3 of the Calcutta Municipal Act, 1923] (Ben. Act III of 1923), or any place in which the Bengal Municipal Act 3[1932] (Ben. Act XV of 1932), is in force;
• (5) "primary education" means such element
  

S.3 Statement to be submitted by Municipalities

Within one year from the commencement of this Act or within such other period as may be prescribed by the 1[State Government] in this behalf, the Commissioners shall submit to the 1[State Government] a detailed statement, in such form, as may be prescribed by the 1[State Government], containing the following particulars in respect of the Municipality:--

• (a) (i) the number of children, not being less than six or more than eleven years of age, within the Municipality; (ii) the number of boys, not being less than six or more than ten years of age, therein;
• (b) the school accommodation for the staff of, and the attendance at, existing primary schools;
• (c) the school accommodation, staff and equipment required if suitable and adequate provision were to be made for the primary education of-- (i) all children referred to in clause (a) (i) likely to attend primary schools voluntarily; and (ii) all boys referred to in clause (a) (ii);
• (d) the manner i
  

S.4 Commissioners to make provision for primary education

The 1[State Government], after considering the statement required by section 3 and the conditions and resources of the Municipality, and after determining the amount of financial assistance from the Government which may be necessary in order to provide for primary education within the Municipality, may, if satisfied that the Municipality is able to meet the expenditure involved, direct the Commissioners to provide the necessary school accommodation, staff and equipment for all children, not being less than six or more than eleven years of age, likely to attend primary schools voluntarily within the Municipality and to assume the direct management and control of all such schools.

1. See foot-note 2 on page 540, ante.

S.5 Operation of Part III

The provisions of this Part shall not come into operation until a notification has been issued under section 6, sub-section (2).

S.6 Primary education when to be declared compulsory

(1) If, after complying with the directions of the 1[State Government] under section 4, the Commissioners are of opinion that the primary education of all boys, not being less than six or more than ten years of age, should be made compulsory within the Municipality, or any part thereof, they may apply to the 1[State Government], in such manner as may be prescribed by rules made by the 1[State Government], for permission to introduce therein compulsory primary education for such boys.

(2) The 1[State Government], after considering the application and after determining the financial assistance from the Government which may be necessary to provide for compulsory primary education within the Municipality, shall, if satisfied that the Municipality is able to meet the expenditure involved, grant the permission asked for, and the Commissioners shall thereupon cause a notification to be issued declaring that primary education shall be compulsory for all such boys within the Municipa

S.7 Constitution of School Committee

When a notification has been issued in any Municipality under section 6, sub-section (2), the Commissioners shall appoint a School Committee, to be constituted in such manner as may be prescribed by rules made under section 15:

Provided that a Deputy Inspector or a Sub-Inspector of Schools, at least one Commissioner and one or more residents of the Municipality, other than a Commissioner, shall be members of the Committee.

S.8 Duty of guardian to send boy to school

(1) In every area to which the provisions of this Part apply, it shall be the duty of the guardian of every boy, not being less than six or more than ten years of age, residing within that area to cause such boy to attend a recognized primary school unless, in the opinion of the School Committee, there is a reasonable excuse for his non-attendance.

(2) Any of the following circumstances shall be deemed to be a reasonable excuse within the meaning of this section:--

• (a) that there is no recognized primary school within a distance of one mile, measured by the shortest route, from the residence of the boy which he can attend, and to which the guardian has no reasonable objection to send the boy;
• (b) that the boy is prevented from attending the school by reason of sickness, infirmity, domestic necessity, the seasonal needs of agriculture or of his being the sole breadwinner of his family;
• (c) that the boy is receiving education in some other satisf
  

S.9 Order of Magistrate to compel attendance

(1) If the School Committee is satisfied that a guardian who is required under section 8 to cause a boy to attend a recognized primary school, has failed to do so, it shall, after giving a warning in writing to such guardian, apply to a Magistrate for an order to compel the guardian to enforce the attendance of such boy; and the Magistrate shall fix a day for the hearing of the application and cause notice thereof to be given to such guardian.

(2) On the day fixed for the hearing of the application or on any subsequent day to which it may be adjourned, and after hearing the guardian or his authorized agent, if present, the Magistrate, if satisfied that the facts alleged in the application are true, may pass an order directing the guardian to cause such boy to attend a recognized primary school from a date to be specified in such order.

S.10 Penalty for failure to obey order

(1) Any guardian who fails to comply with an order passed under section 9 shall, on conviction before a Magistrate, be liable to a fine not exceeding five rupees, and also to a recurring fine not exceeding one rupee for each day after the first during which he continues so to offend.

(2) No Magistrate shall take cognizance of an offence under this section except on the complaint of the School Committee.

S.11 Prohibition of employment of boys

No person shall, without the permission of the School Committee, employ any boy, not being less than six or more than ten years of age, who is required to attend a recognized primary school under this Part:

Provided that such permission shall not be necessary if the employment of the boy does not interfere with his attendance at such school.

S.12 Employer's liability

(1) The School Committee may prosecute any person who, after due warning, contravenes the provisions of section 11.

(2) Unless such person satisfies the Magistrate that there is a reasonable excuse, within the meaning of section 8, sub-section (2), for the non-attendance of the boy, or that the time and nature of employment of the boy are such that he is not prevented from attending a recognized primary school, or that the boy was taken into employment under false representations as to age, residence and other conditions, such person shall, on conviction before a Magistrate, be liable to a fine not exceeding twenty rupees.

S.13 Delegation of some of the functions of the School Committee

An application to a Magistrate under section 9 or a complaint to a Magistrate under section 10 or section 12, may be made on behalf of the School Committee by such person as may be authorized by the School Committee by general or special order in this behalf.

S.14 Remission of fees

When primary education has been made compulsory in any municipality, or any part thereof, if a guardian, who is required under the provisions of this Part to cause a boy to attend a recognized primary school, satisfies the School Committee that he is unable to pay the fees or any part of the fees ordinarily charged in such school, such boy shall be admitted to such school free of charge, or at such reduced fees as the School Committee may determine, for the period during which the guardian is required to cause the boy to attend a recognized primary school.

S.15 Power of Commissioners to make rules

The Commissioner may, with the previous sanction of the 1[State Government], make rules prescribing--

• (a) the manner in which the School Committee shall be constituted, the number of its members, its duties and its mode of transacting business;
• (b) the steps which the School Committee may take to secure the attendance of boys at school.

1. See foot-note 2 on page 540, ante.

S.16 Exemption from compulsory education

The 1[State Government] may, by notification in the 2[Official Gazette], exempt any class of persons or any community, in any area to which this Act extends, from the operation Of this Part.

1. See foot-note 2 on page 540, ante.

2. See foot-note 3 on page 540, ante.

S.17 Education cess

(1) If the existing resources of any Municipality including any grant from the Government are not sufficient to cover the cost of primary education within the Municipality, the Commissioners, may, with the previous sanction of the 1[State Government], impose a tax, to be called the "education cess"; and all amounts derived therefrom shall be devoted solely to the purposes of primary education, whether voluntary or compulsory within the Municipality.

(2) An education cess shall not be imposed unless the Commissioners by a resolution, passed at a special general meeting convened for the purpose and in favour of which two-thirds of the Commissioners have voted, determine to impose such cess.

(3) The education cess shall be levied in such manner as may be prescribed by rules made by the 1[State Government], and the cess so levied shall be a rate amounting to the sum required, after deducting the Government grant, the school receipts and the receipts from endowments and co

S.PART IVA Compulsory Primary Education of Girls

S.17A Compulsory primary education of girls

The provisions of this Act relating to the compulsory primary education of boys shall apply mutatis mutandis to the compulsory primary education of girls not being less than six or more than ten years of age:

Provided that before making the application referred to in sub-section (1) of section 6 the Commissioner shall submit to the 2[State Government] a statement containing in respect of girls within the municipality such of the particulars set forth in section 3 as the 2[State Government] may think fit to require, and shall comply with such directions for the provision of accommodation, staff and equipment and for the management and control of schools as the 2[State Government] may issue thereon:

Provided also that in the case of an application to introduce compulsory primary education for girls the 2[State Government] may if it thinks fit refuse the permission referred to in sub-section (2) of section 6.

1. Part IVA (section 17A) was inserted by sec. 2 of the

S.18 Power of State Government to make rules

(1) The 1[State Government] may, 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, the 1[State Government] may make rules prescribing the manner in which--

• (a) application under section 6, sub-section (1), shall be made; and
• (b) the education cess shall be levied.

(3) All rules made under this section shall be published in the 2[Official Gazette].

1. See foot-note 2 on page 540, ante.

2. See foot-note 3 on page 540, ante.

S.19 Schools to be open to inspection

All primary schools maintained by the Commissioners within a Municipality, or any part thereof, under the provisions of this Act shall be open to inspection free of any charge by the inspecting officers of the Education Department of the 1[State Government] and such other persons as the 1[State Government] may appoint in this behalf.

1. See foot-note 2 on page 540, ante.

S.20 Certain persons to be deemed public servants

Every person authorised by the School Committee under section 13 and every officer and servant of the School Committee, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Act XLV of 1860).

S.21 Withdrawal of notification on default

When in the opinion of the 1[State Government] the Commissioners have made default in any of the requirements of Part III of this Act, the 1[State Government] may, after considering any explanation of the Commissioners, by notification in the 2[Official Gazette], stating the grounds of such order, cancel any notification which has been issued under section 6, 3[sub-section (2)].

1. See foot-note 2 on page 540, ante.

2. See foot-note 3 on page 540, ante.

3. This word, brackets and figure were substituted for the word, brackets and figure "sub-section (1)" by sec. 3 of the Bengal Primary Education (Amendment) Act, 1932 (Ben. Act VII of 1932).