|THE TAMIL NADU ELEMENTARY EDUCTION ACT, 1920|
THE TAMIL NADU ELEMENTARY EDUCTION ACT, 1920 (Tamil Nadu Act VII of 1920)
(Received the assent of the Governor on the 12th October 1920 and that of the Governor-General on the 18th November 1920; the assent of the Governor-General was first published in the Fort St. George Gazette, dated the 7th December 1920).
Whereas it is expedient to make better provision for elementary education in the State of Tamil Nadu, it is hereby enacted as follows:-
" This Act may be called the Tamil Nadu Elementary Education Act, 1920.
2. Extent and commencement
" It shall come into force in such areas and on such dates as the State Government may, by notification, direct.
" In this Act, unless there is something repugnant in the subject or context,"
(i) "attendance" at a school means presence for instruction at an elementary school for so many and on such days in the year and at such time or times each day of attendance as may be prescribed.
(ii) Director of Public Instructions and District Educational Officer : - Director of Public Instruction, and District Educational Officer means such Officer or Officers as may be appointed by the State Government to perform the duties of Director of Public Instruction or District Educational Officer as the case may be;
(v) Elementary Education
" "elementary education" means education in such subjects and upto such standards as may be prescribed;
Elementary School " "elementary school" means a school or department of a school recognized as an elementary school by the Director of Public Instruction or by such authority as may be empowered by him in this behalf;
(vii) Elementary School Place
" "elementary school place" means such accommodation and equipment as may be prescribed as necessary for a child of school-age;
Guardian " "guardian" means any person to whom the care, nurture or custody of any child falls by law, or by natural right or recognized usage, or who has accepted or assumed the care, nurture or custody of any child, or to whom the care or custody of any child, has been entrusted by any lawful authority;
Local Authority " "local authority" means a municipal council or a panchayat union council;
Municipal Council and Municipality Tamil Nadu Act IV, 1919 " "municipal council" and "municipality" mean respectively, a municipal council and a municipality governed by the Tamil Nadu District Municipalities Act, 1920, or Madras City Municipal Corporation Act, 1919;
" "notification" means notification in the Official Gazette;
(x-b) Panchayat Union Council
" "panchayat union council'"' means a panchayat union council constituted under the Tamil Nadu Panchayats Act, 1958
Prescribed " "prescribed" means prescribed by this Act or by rules made by the State Government under this Act;
(xii) Public Management, Private Management
" "public management" means, management by the State Government or by a local authority; all other management shall be deemed to be
(xiii) School age
" "school-age" means such age as the State Government may prescribe in respect of children of either sex in any local area or of any particular community.
[The Chapter II omitted by Amendment Act No.II of 1939]
Elementary Education Funds
(1) Their Constitutions and Control
32. Elementary Education Fund
" There shall be constituted for each municipal council in every district in which this Act is brought into force an elementary education fund to which shall be credited "
(i) the proceeds of any tax levied within the jurisdiction of such municipal council under the provisions of this Act;
(i-a) an annual contribution from the general funds of such municipal council not being less than a minimum fixed by the State Government in that behalf;
(i-b) such additional contribution from the general funds of such municipal council as the State Government may decide to be necessary in any year in order to balance the budget of the fund for such year;
(ii) all sums granted to such municipal council by State Government for the benefit of elementary education.
(iii) all fines and penalties levied within the jurisdiction of such municipal council under the provisions of this Act;
(iv) all income derived from any endowments or other property owned or managed by such municipal council for the benefit of elementary education;
(v) all school fees, if any, collected in elementary schools managed by such municipal council; and
(vi) all other sums of money which may be contributed or received by such municipal council for the purposes of this Act.
33. Educational fund where to be lodged and how to be drawn upon -
(1) The education fund constituted under Section 32 shall be lodged in such bank or Government treasury as the State Government may direct.
(2) All expenses incurred on elementary education by the municipal council concerned shall be paid out of the fund.
(3) All orders or cheques upon the fund shall be signed by the chief executive officer of the municipal council or by such person as he may authorise in writing to sign on his behalf.
(4) so far as the funds to credit permit, the treasury or bank shall pay "
(a) all orders or cheques signed in accordance with sub-section (3);
(b) all expenses incurred by the State Government on behalf of the municipal council provided that municipal council has given previous authority in writing to the bank or treasury to debit such expenses to the fund without the issue of any order or cheque.
(2) The Education Tax and Government Contribution
Education Taxes " Any municipal council may, with the previous sanction of the State Government and shall, if so directed by them, levy within its area taxes at such rates as may be considered suitable, as an addition to the taxation levied in the municipality under the law for the time being in force governing the same under all or any of the following heads, namely, property tax, tax on companies and profession tax.
Explanation " In construing the expression "taxation levied" occurring in this sub-section, exemptions granted under clause (a) of the proviso to section 102 of the Madras City Municipal Corporation Act, 1919, or under sub-sections (2) (3) or (4) of section 83 of the Tamil Nadu District Municipalities Act, 1920, as the case may be, shall not be taken into account.
Municipality levied education tax - Government approved sanction - But there was no constitution of Education Fund by the Municipality - It is only procedural Irregularity. No prejudice would be caused.
1956 Mad 857;
Interest on Road cess - Whether legal - (1943) 2 MU 31;
Rates of levy of taxes under Section 34 " The rates of levy of any tax under section 34 shall be determined "
(a) by the municipal council with the previous sanction of the State Government, in case the tax is levied by the Municipal Council of its own motion; and
(b) by the State Government, incase the tax is levied at their direction:
Provided that the rates of any such tax levied as an addition to the taxation under the head of tax on companies or of profession tax shall be subject to the limits specified in any law for the time being in force governing the municipal council or prescribed by rules made under this Act:
Provided further that the rates of any such tax levied by a municipal council as an addition to the taxation under the head of property tax shall not exceed five per centum per annum in the case of properties taxed on their annual value, one-fourth per centum per annum in the case of properties taxed on their capital value, and four rupees per annum for every 320 square yards or part thereof in the case of properties taxed on their extent;
(2) Subject to the provisions aforesaid, the municipal council may, with the previous sanction of the State Government, and shall if so directed by them, alter the rates of levy of any such tax.
Assessment and realization of taxes " Every tax levied in any area under any head of taxation mentioned in section 34 shall be deemed to be an addition to a tax levied under the same head in such area under the law for the time being in force governing municipalities and all the provisions of such law relating to the incidence, assessment or realisation of any such tax or in any manner connected therewith shall be applicable accordingly:
Provided that the State Government may direct that the said provisions shall apply subject to such modifications and restrictions as may be prescribed.
This in addition to the levy under the Local Boards Act - (1939) 2 MLJ 268;
Right of landlord not entitled to recover half of education cess - 57 MLJ 726; (1939) 2 MLJ 579;
37. Government contribution to elementary education fund
" When an elementary education fund is constituted under section 32 for a municipal council, the State Government shall contribute to such fund "
(i) a sum equal to fifty per centum of the proceeds of the taxation levied in the municipality under section 34, under the head of the property tax and also:-
(ii) a sum equal to fifty per centum of the proceeds of the taxation levied in the municipality under section 34, under the heads of tax on companies and profession tax, or a sum equal to ten per centum of the total taxation levied in the municipality under the said heads both under section 34 and under the Madras City Municipal Corporation Act, 1919, or the Tamil Nadu Districts Municipalities Act, 1920, whichever sum is less.
(2) If, in any year, the contribution made to an elementary education fund by the State Government under sub-section (1) is less than the contribution made to such fund in respect of the financial year 1949-50, the State Government shall pay the difference between the two amounts to such fund by way of additional contribution.
(3) The contribution payable to an elementary education fund under sub section (1) and (2) shall be in addition to, and not in lieu of, the amount of recurring expenditure incurred from the State funds during the financial year 1920-21 on education in elementary schools under public management situated within the municipality.
(3) Budget and Audit
38. Budget of elementary education fund "
(1) On or before the 30th November in each year every municipal council for which an elementary education fund has been constituted under section 32 shall submit to the State Government through the Director of Public Instruction, in such forms as may be prescribed, a budget for the ensuing financial year showing the income and expenditure relating to such fund.
(2) The State Government may pass such orders as they think fit in respect of the budget and the Municipal Council concerned shall be bound to carry out all such orders.
39. Audit of Accounts of elementary education fund
" The accounts of each education fund shall be examined and audited by an officer appointed by the State Government in this behalf, and the municipal council concerned shall carry out any instructions which the State Government may issue on the audit report.
(4) Saving Clause
40. Save as otherwise expressly provided by this Act nothing in the Tamil Nadu District Municipalities Act, 1920, or in Tamil Nadu Panchayats Act, 1958 or in the Madras City Municipal Corporation Act, 1919, shall affect any of the provisions of this Act.
Repealed by Act No. II of 1939
Compulsory Elementary Education
(1) Introduction of Compulsion
44. Local Authority may resolve to make Education Compulsory "
Subject to the conditions laid down in this Chapter, any local authority may, by a resolution passed at a meeting specially convened for the purpose and supported by the votes of not less than two-thirds of the members present, resolve that elementary education or education in such standards thereof as may be prescribed in this behalf shall be compulsory within the whole or a specified part of the local area under its jurisdiction-
(a) for all children of school-age, or, (b) for boys of school-age, or, (c) for girls of school-age, or
(d) for all children of school-age who have, for such period as may be prescribed attended an elementary school; or
(e) for all boys of school-age who have, for such period as may be prescribed, attended an elementary school; or
(f) for all girls of school-age who have, for such period as may be prescribed, attended an elementary school.
Local Authority to submit its resolution to Government " (1) Every resolution passed under section 44 shall be submitted through the Director of Public Instruction to the State Government.
(2) The State Government may accept or reject any such resolution:
Provided that the State Government shall reject the resolution unless:-
(a) in the case of a municipality, the municipal council concerned shall have declared by resolution its readiness to levy the tax or taxes leviable under section 34 throughout the area specified at such rates as may be necessary to meet the expenditure involved; and
(b) the state Government are satisfied that adequate arrangements have been made for the provision of trained teachers and that the number of elementary school-places in the area is sufficient or will, within a reasonable period, be made sufficient for all children of school-age residing therein in respect of whom it has been resolved that elementary education shall be compulsory subject always to the exceptions permitted by the provisions of Section 50:
Provided further that if the resolution extends only to the children of one sex, the State Government may reject it unless satisfied that sufficient accommodation is or will be provided as required by sub-clause (b) of the fore-going proviso for all the children of school-age of the other sex resident in the area or for such proportion of them as the State Government may in each case direct.
Explanation " The number of elementary school-places should not be considered to be sufficient unless provision has already been made or will, within a reasonable period, be made for the education of every child not exempted under section 50 in an elementary school situated within one mile from the residence of such child:
Provided that in the case of any specified local area the State Government may, by notification, vary the distance herein laid down for such period of time as they may think fit.
45-A. Power of State Government to require Local Authorities to frame schemes for Compulsory Elementary Education "
(1)The State Government may, of their own motion, require any local authority to frame a scheme for any of the purposes mentioned in section 44within such time as may be specified in the requisition. Such scheme shall be submitted to the State Government through the Director of Public Instruction.
(2) The State Government may accept the scheme or accept it with such modification as they may deem necessary or they may reject it.
(3) If the local authority fails to submit a scheme for the purposes and within the time specified in the requisition, or if any scheme so submitted is rejected under sub-section (2), the State Government may themselves frame a scheme for such purposes.
46. Publication of resolution or Scheme
" If the State Government accept a resolution under sub-section (2) of section 45 or a scheme under sub-section (2) of section 45
-A,or frame a scheme under sub-section (3) of section 45-A,such resolution of scheme shall be notified in the Official Gazette and in the Gazette of the district, if any, and he provision of section 47 to 51 (both inclusive) shall there upon come into force within the area to which the resolution or scheme applies and from such date as may be specified in the notification.
(Section 47 was substituted as per Amendment Act II of 1932 and further amended by Act No. XXXV of 1958)
No fee to be levied at elementary schools under public or panchayat management in areas notified under section 46 " (1)No fees shall be levied at any elementary school under public or panchayat union council management situated in any area affected by a notification under section 46 from any child to whom such notification applies.
(2) Fees may be levied from any such child at any other elementary school situated in the said area:
Provided that where within one mile of such school of such other distance, therefrom as may be notified under Explanation to sub-section (2) of section 45, there is no other elementary school at which fees are not levied, such number of free places as may be fixed by the District Educational Officer in consultation with the local authority concerned shall be reserved in such school.
S.47 : Right of school to levy fee (1973) 2 M.L.J.41;
48. Power to exempt any person or class of persons
" The State Government may, by notification exempt any person or class of persons from the effect of a notification under section 46.
(3) Responsibility of Guardians
Responsibility of guardian to cause child of school-age to attend school " In every area affected by a notification under section 46, it shall be the duty of the guardian of every child of school-age resident in such area and affected by such notification, subject to the exceptions authorized by section 50, to cause such child to attend an elementary school in such area:
Provided that no guardian shall be compelled to cause a child to attend a school at which attendance at religious instruction in a faith other than to which the child belongs is compulsory.
Note: - The second proviso to section 49 was omitted by section 10 of the Tamil Nadu Elementary Education (Amendment) Act, 1935, (Tamil Nadu Act XI of 1935).
50. Attendance of child at school optional in certain circumstances "
Attendance at school shall be compulsory in the following circumstances:-
(i) if there is no elementary school within one mile or such other distance as may have been notified under the Explanation to sub-section (2) of section 45 from the residence of the child:
(ii) if the child is prevented from attending school by reason of sickness, infirmity, or other cause declared by a resolution of the local authority concerned to be a reasonable excuse.
(ii-a) if the child is receiving instruction in an unrecognized school or department of a school, provided the instruction imparted therein is declared to be satisfactory by a prescribed officer. (This clause was inserted by Section 5 of the Tamil Nadu Elementary Education (Amendment) Act, 1950. (Tamil Nadu Act XXVII of 1950), deemed to have come into force on the 1st day of the April 1950.
(iii) if the child is receiving instruction in some other manner declared to be satisfactory by a prescribed officer;
(iv) if the child has already received instruction in an elementary school or otherwise upto the standard prescribed for elementary education;
(v) if the child is exempt from attendance on any other prescribed ground.
(4) Enforcement of Compulsion
(Section 51 is amended as per Amendment Acts II of 1935; Act No. VIII of 1946 and Act No. XXXV of 1958)
51. Enforcement of the liability of guardians under section 49 " (1) In areas where education is made compulsory under this Act the District Educational Officer concerned shall be responsible for the enforcement of the provisions of section 49, and subject to such rules as may be prescribed, shall impose a penalty, not being less than such minimum sum and not exceeding such maximum sum as may be prescribed, on any guardian who has without reasonable excuse failed to discharge the obligation created by section 49.
(2) Against any order of a District Educational Officer imposing a penalty under sub-section (1) an appeal shall lie, within one month of the date of the service of such order, to the Director of Public Instruction who may confirm, reduce or cancel the penalty.
(3) Any penalty imposed under this section shall be recovered from the guardian concerned in the same manner as if it were a tax levied under the law for the time being in force governing the municipality or the Panchayat Union Council concerned.
Omitted by Tamil Nadu Amendment Act II of 1939
Omitted by Section 60 of Tami Nadu Amendment Act II of 1939
56. Power of State Government to make rules "
(1) The State Government may, after previous publication, make rules not inconsistent with this Act to carry out all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing provisions, they may make rules.
(a) with reference to all matters expressly required or allowed by this Act to be prescribed;
(aa) declaring what shall constitute, "elementary education", "elementary school-place", "school-age" and attendance at school;
(b) declaring what schools or departments of schools shall be classed as elementary schools;
(omitted by T.N. Amendment Act No. II of 1939) (c) to (e)
(f) laying down the registers, statements, reports, returns, budgets and other information to be maintained or furnished by local authorities by managers of elementary schools under private management and the time within which any statement, report, return, budget, or other information shall be furnished;
(g) regulating the procedure for the assessment and realisation of the taxes leviable under section 34;
(h) declaring the conditions subject to which schools may be admitted to recognition or aid;
(i) (j) Repealed by Amendment Act No. II of 1939.
S.56: Scope of - (1971) 2 SCWR 570;
S.56(h): Scope of - (1962) 1 And W.R. 261;
S.56 (2) (b) - Rules framed in part iii Neither statutory nor framed under S.56.
|Tamil Nadu State Acts|