Tamil Nadu Compulsory Elementary Education Act, 1994
[Tamil Nadu Act 33 of 1995] [13th December, 1995]
CONTENTS
1. Short title, extent and commencement
2. Definitions
3. Elementary education to be compulsory
4. Duty of every parent or guardian of a child of school age 5. Exemptions
6. Competent authority
7. Penalty
8. Cognizance of offences
9. Competent authority, etc. to be public servants
10. Power of Government to give directions
11. Protection of action taken in good faith
12. Power to make rules
13. Power to remove difficulties
14. Repeal
An Act to amend and consolidate the law relating to, and to make better provision for, compulsory elementary education in the State of Tamil Nadu
Whereas under Article 45 of the Constitution of India, the State shall endeavour to provide, within a period of ten years from the commencement of the Constitution, for
free and compulsory education for all children until they complete the age of fourteen years;
And Whereas a policy decision has been taken by the Government of T amil Nadu to provide compulsory elementary education for all children of school age in this State;
And Whereas to give effect to that policy decision, it is necessary to make elementary education compulsory for all such children;
And Whereas it is also necessary to make it obligatory on the pant of every parent or guardian of a child to cause the child to attend to an elementary school;
Be it enacted by the Legislative Assembly of the State of T amil Nadu in the Forty-fifth Year of the Republic of India as follows:—
## Section 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 T amil Nadu.
(3) It shall come into force on such date as the Government may, by notification, anoint and ??? dates may be appointed for different provisions of this Act.
## Section 2. Definitions.—In this Act, unless the to text otherwise requires,—
(1) “attendance at an ??? school” meats presence for instruction at an elementary school for such number of day, and on sue a days in a year, and at such time or tines of ??? day of attendance, as may be prescribed;
(2) “competent authority” means the competent authority appointed by the Government under section 6:
(3) “elementary education” means education in such subjects and upto such standard as may be prescribed;
(4) “elementary school” means a school recognised as an elementary school by the competent authority and includes any elementary school in existence on the date of commencement of this Act in debt has been recognized as such by the Director of Elementary Education or by inv authority of the Education Department:
(5) “Government” means the State Government;
(6) “guardian” means any person to whom for care, nurture of custody of any child falls bylaw or by natural right or by recognised usage, or who has accepted or assumed the care, nurture or custody of any child or to whom the care, nurture or custody of any child has been entrusted by any lawful authority;
(7) “parent” means the fat her or mother of a child and includes an adopted father or mother;
(8) “school age” in relation to a child means such age as may be prescribed;
(9) “year” means the academic year commencing on the 1st day of June.
## Section 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.
## Section 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.
## Section 5. Exemptions.—Attendance at an elementary school for a child of school age si all 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 amending 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
(6) if such child is exempt from attendance on any ether ground as may be prescribed.
## Section 6. Competent authority.—(1) The Government may, by notification, appoint any officer of the Education department not below the rank of District Educational Officer, to be competent authority for the purpose of carrying into effect the previsions of this Act and the rules made thereunder and different competent authorities may be appointed for different areas.
(2) The competent authority shall exercise such powers and perform such other functions as may be prescribed.
## Section 7. Penalty.—Every patent or guardian of a child of school age who fails to discharge his duty under section 4 shall be punishable with fine which may extend to one hundred rupees.
## Section 8. Cognizance of offences.—No court shall take cognizance of an offence punishable under this Act except on a complaint in waiting made by an officer authorise by the Government in this behalf by general or special order.
## Section 9. Competent authority, etc. to be public servants.—The competent authority appended under section and the officer authorized under section 8 shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (??? Act ??? of 1860).
## Section 10. Power of Government to give directions.—The Government may, in the public inter est, by order, direct the competent authority to make an enquiry or to take ??? this Act in any case specified in the order, and 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.
## Section 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 frith done of intended to be done in put stance of this Act or any rule or older made thereunder.
## Section 12. Power to make rules.—(1) The Government may make rules to carryout allot any of the purposes of this Act.
(2) Every rule or order made under this Act shall, as soon as possible, after it is made, be placed on the T able of the Legislative Assembly and if, before the expiry of the session in which it is so placet or the next session, the Assembly makes any modification in any such rule or order, or the Assembly decides that the rule or order should not be made the rule or order shall thereafter have collect only in such such died form or be of no effect, as the case may be so however, that any such modification, or annulment shall be without predict to the validity of anything previously done under that rule or order.
## Section 13. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this Act the Government may, as occasion requires by order published in the T amil Nadu Government Gazette, make such provisions no inconsistent with the provisions of this Act, as appear to them to be necessary or expedient for removing the difficulty;
Provided that no order shall be made after the expiry of a period of two years from the date of commencement of this Act.
## Section 14. [Repeal].—2[* * *]
———
1 Received the assent of the Governor on the 21st November, 1995 and published in the T amil Nadu Government Gazette, Extraordinary, No. 596, dated December 13, 1995.
2 The T amil Nadu Elementary Education Act, 1920 (T amil Nadu Act ??? of 1920) is hereby repealed