THE ANDHRA PRADESH EDUCATION ACT
Chapter IV Chapter IV
Chapter IV Chapter IV
9. Schemes for compulsory primary education
Primary Education and its implementation
- (1) Any local authority, if called upon by the Government so to do, shall within such time as may be specified by the Government submit to them a scheme for compulsory primary education in such area within its jurisdiction for children ordinarily resident therein, of such ages and upto such standard as the Government may specify.
- (2) In the case of the municipal corporations and the municipalities, the Government may call on them to submit a scheme for compulsory primary education in those areas for children ordinarily resident therein of such ages and upto such standard as the Government may specify.
- (3) The scheme submitted under sub-section
- (1) or sub-section
- (2) shall be in such form as the Government may specify and shall contain the following particulars, namely:—
- (a) the area in which primary education will be compulsory;
- (b) the approximate number of children to whom the scheme will apply classified according to age and mother-tongue;
- (c) a list of existing approved schools and the schools, if any, proposed to be opened for the purpose, classified by languages in which instruction is given or is proposed to be given;
- (d) the number of teachers already employed and the additional staff proposed to be recruited;
- (e) the recurring and non-recurring cost of the scheme; and
- (f) such other particulars as may be prescribed.
- (4) The Government may, after such inquiry as they may consider necessary, sanction with or without modifications the scheme submitted by the local authority under sub-sections
- (1) and (2). The implementation of the scheme so sanctioned, shall be subject to the general control of and the directions issued from time to time, by the Government.
- (5) No sanction shall be accorded under sub-section
- (4) in respect of any scheme unless the Government are satisfied that such steps, as may be prescribed, have been taken to provide the necessary facilities for imparting compulsory primary education to all children to whom the scheme will apply.
- (6) On receipt of sanction under sub-section (4), the local authority shall give effect to the scheme so sanctioned, by means of a declaration that, with effect from the first day of the next academic year, primary education for children of both sexes upto such class or standard and within such age-group as may be specified therein shall be compulsory in any area which may be so specified.
- (7) Every declaration under sub-section
- (6) shall be published before the first day of April of each year immediately preceding the academic year, in the Andhra Pradesh Gazette and in such other manner as the local authority or the Director, as the case may be, may decide; Provided that the Government may, for any good and sufficient cause, condone any delay in the publication of such declaration in any year.
- (8) Where any local authority fails to submit a scheme when called upon to do so under sub-section
- (1) or to give effect to any sanctioned scheme under sub-section
- (6) to the satisfaction of the Government the Government may cause the scheme to be submitted or the sanctioned scheme to be implemented, as the case may be, by such person or authority as they think fit.
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10. The Government may at any time entrust the administration of the sanctioned scheme to the local authority concerned.
Attendance authorities and their powers and functions
- (1) The local authority in the cases mentioned in sub-section
- (1) of section 9, may appoint as many persons as it thinks fit to be attendance authorities for the purpose of this Act, and may also appoint as many persons as it considers necessary to assist the attendance authorities in the discharge of their duties.
- (2) It shall be the duty of the local authority to cause to be prepared as early as possible after the publication of a declaration under sub-section
- (6) of section 9 and in such manner as may be prescribed, a list of children in any specified area. Such list shall also be prepared annually in every specified area at such time and in such manner as may be prescribed.
- (3) The attendance authority or any person appointed to assist the attendance authority may put such questions to any guardian or require any guardian to furnish such information about his child, as it or he considers necessary and every such guardian shall be bound to answer such questions or to furnish such information, as the case may be to the best of his knowledge or belief.
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11. Responsibility of guardian to cause his child to attend school
It shall be the duty of the guardian of every child to cause the child to attend an approved school unless there is a reasonable cause for his non-atten dance within the meaning of section 12.
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12. Reasonable cause for non-attendance
- (1) For the purposes of this Act, any of the following circumstances shall be deemed t6 be a tea-* sonable cause for the non-attendance of a child at an approved school : —
- (a) that there is no approved school withii^ the prescribed distance from his residency
- (b) that the only approved school within the prescribed distance from the residence of the child to whnch the child can secure admission is one in which religious instruction of a nature not approved by his guaardian is compulsory;
- (c) that the child is receiving instruction in sonne other manner which is declared to be satisfactory
by the Government or by an officer authorised by
tfoeem m this behalf;
- (d) that the child has already completed pri- maary education upto the class or standard specified in thee declaration under sub-section
- (6) of section 9;
- (e) that the child suffers from a physical or titeental defect which prevents him from attendance;
- (f) that the child has been granted temporary
prescribed reason;
- (g) that there is any other compelling circum- stamce which prevents the child from attending school,
prcovided the same is certified as such by the atten
dance authority.
- (2) Notwithstanding anything in clause
- (e) of sutb-section (1), the attendance authority may, if it is
thie residence of the child to which it could be sent* intd that nothing in clause
- (b) or clause
- (c) applies in
rellation to such child, it may, by order require the
child to attend the special school, and sub-section (1) shall have effect in relation to such child as if
- (f) and
- (g) were the only provisions applicable.
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13. Attendance orders
- (1) Whenever the attendance authority has reason to believe that the guardian of a child has failed to cause the child to attend an approved school and that there is no reasonable cause for the non-attendance of the child within the meaning of section 12, 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 required to attend an approved school under this Act and that there is no reasonable cause for his non-attendance within the meaning of section 12 it shall pass an attendance order in the prescribed form directing the guardian to cause the child to attend the approved school with effect from the date specified in the order.
- (3) An attendance order passed against a guardian 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 guardian against whom an attendance order has been passed in respect of his child under sub-section
- (2) transfers the custody of the child to another person during the period in which the attendance order is in force, such guardian shall be bound to immediately inform the attendance authority in writing of such transfer.
- (5) Where an attendance order has been passed against a guardian in respect of his child under this section, such order shall have effect in relation to every other person to whom the custody of the child may be transferred during the period in which the attendance order is in force as it has effect in relation to the person against whom it was originally passed.
- (6) A guardian may, at any time, apply to the attendance authority for cancellation of an attendance order on the ground,—
- (i) that he is no longer the guardian in respect of the child, or
- (ii) that circumstances have arisen which provide a reasonable cause for non-attendance; and thereupon the attendance authority may, after holding an inquiry in the prescribed manner, cancel or modify the attendance order.
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14. Person not to employ a child so as to prevent them from attending school
No person shall employ a child in a manner which shall prevent the child from attending an approved school.
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15. Primary education to be free
- (1) When a declaration under sub-section
- (6) of section 9 has been made in respect of any area, no fee shall be levied in respect of any child for attending an approved school which is under the management of the Government or a local authority in that area.
- (2) Fees may be levied from any such child at any other school situated within that area: Provided that where within one kilometer of such school or such other distance therefrom as may be prescribed, there is no other approved school, such number of free places as may be fixed by the local authority shall be reserved in such school or in any educational institution receiving aid out of State funds.
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16. Age of child how computed
- (1) The age of a child, for the purpose of this Act shall be computed in terms of years completed by the child on or before the first day of the academic year.
- (2) Where the birthday of a child falls on a day not later than the first day of September each year, the birthday shall deemed to fall on the first day of the academic year for the purposes of computing the age of the child under sub-section (1).
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