The Tamil Nadu Compulsory Elementary Education Act, 1994
The Tamil Nadu Compulsory Elementary Education Act, 1994
1. Short title, extent and commencement
- (1) This Act may be called the Tamil Nadu Compulsory Elementary Education Act, 1994.
- (2) It extends to the whole of the State of Tamil Nadu.
- (3) It shall come into force on such date as the Government may, by notification, appoint and different dates may be appointed for different provisions of this Act.
2. Amendment of section 5
In the Tamil Nadu Compulsory Elementary Education Act, 1994 (hereinafter referred to as the principal Act), in section 5, clause
- (1) shall be omitted.
3. Elementary education to be compulsory
- (1) Subject to the provisions of this Act, elementary education shall be compulsory for every child of school age.
- (2) For giving effect to the provisions of sub-section (1), the Government shall provide such number of elementary schools in the State with trained teachers, as may be considered necessary.
4. Duty of every parent or guardian of a child of school age
It shall be the duty of every parent or guardian of a child of school age to cause such child to attend an elementary school.
5. Exemptions
Attendance at an elementary school for a child of school age shall not be compulsory—
- (1) if there is no elementary school within such distance, as may be notified by the Government; from the residence of such child;
- (2) if such child is prevented from attending an elementary school by reason of sickness, infirmity or such other cause as may be prescribed;
- (3) if such child is attending any unrecognised school provided that the education imparted therein is declared to be satisfactory by the competent authority;
- (4) if such child is imparted education in such other manner as may be declared to be satisfactory by the competent authority;
- (5) if such child has already been imparted education in an elementary school or otherwise, upto the standard prescribed for elementary education; or
8. Cognizance of offences
No court shall take cognizance of an offence punishable under this Act except on a complaint in writing made by an officer authorised by the Government in this behalf by general or special order.
9. Competent authority, etc
The competent authority appointed under section 6 and the officer authorised under section 8 shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
10. Power of Government to give directions
The Government may, in the public interest, by order, direct the competent authority to make an enquiry or to take appropriate proceedings under this Act in any case specified in the order, and the competent authority shall report to the Government the result of the enquiry made or the proceedings taken by him within such period as may be prescribed.
11. Protection of action taken, in good faith
No suit, prosecution or other legal proceedings shall lie against the Government or an officer of the Government, for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
16. Repeal
- (1) The Tamil Nadu Elementary Education Act, 1920 (hereinafter in this section referred to as the said Act), except sections 32, 33, 34, 35, 36, 37, 38, 39 and 40 and the rules made thereunder is hereby repealed.
- (2) The levy, rates, assessment and realisation of education tax and Government contribution to the elementary education fund in respect of municipalities shall be determined in accordance with the provisions of sections 32, 33, 34, 35, 36, 37, 38, 39 and 40 of the said Act, as if the said sections shall be deemed to always have been incorporated in this Act.
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