The Delhi Primary Education Act, 1960
Administered Ministry: Ministry of Home Affairs / Department of Home
Section
Section 21 Cognizance of offences.
No court shall take cognizance of an offence under this Act except on the complaint of an attendance authority or any other person authorised in this behalf by the local authority by general or special order.
Section 22 Certain persons to be public servants.
The attendance authority, every person appointed to assist the attendance authority under sub-section (1) of section 7 and every person authorised to make complaints under section 21 shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
Section 23 Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against the Government or any authority or person in respect of anything which is in good faith done or intended to be done under this Act.
Section 24 Delegation of powers.
(1) The State Government may, by notification in the Official Gazette and subject to such conditions, if any, as may be specified in the notification, authorise any officer or authority subordinate to it to exercise all or any of the powers conferred on the State Government by or under this Act.
(2) A local authority may, by general or special order and with the previous approval of the State Government, authorise any officer or authority subordinate to it to exercise all or any of the powers conferred on a local authority by or under this Act.
(2) A local authority may, by general or special order and with the previous approval of the State Government, authorise any officer or authority subordinate to it to exercise all or any of the powers conferred on a local authority by or under this Act.
Section 25 Power to make rules.
(1) The State Government may, by notification in the Official Gazette and subject to the condition of 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, such rules may provide for all or any of the following matters, namely:—
(a) the class or standard education up to which shall be considered as primary education;
(b) the particulars to be contained in any scheme submitted under this Act, including particulars relating to the provision made or to be made in any area for the establishment of special schools or of schools imparting primary education on a part-time basis or for the supply of food or refreshments, books, writing materials, uniforms or other necessary amenities, to children while attending school;
(c) the manner in which lists of children may be prepared in any specified area under section 6, the intervals at which the lists shall be kept revised and persons with whose assistance such lists shall be prepared;
(d) the functions to be performed, and the manner in which such functions may be performed, by attendance authorities;
(e) the distance beyond which a child may not be compelled to attend an approved school;
(f) the circumstances which may be regarded as reasonable excuses for the non-attendance of a child within the meaning of section 10;
(g) the manner in which any inquiry under this Act may be held;
(h) the form in which an attendance order under this Act may be passed;
(i) the registers, statements and other information to be maintained or furnished by approved schools for the purposes of this Act;
(j) any other matter which has to be, or may be, prescribed under this Act.
(3) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the class or standard education up to which shall be considered as primary education;
(b) the particulars to be contained in any scheme submitted under this Act, including particulars relating to the provision made or to be made in any area for the establishment of special schools or of schools imparting primary education on a part-time basis or for the supply of food or refreshments, books, writing materials, uniforms or other necessary amenities, to children while attending school;
(c) the manner in which lists of children may be prepared in any specified area under section 6, the intervals at which the lists shall be kept revised and persons with whose assistance such lists shall be prepared;
(d) the functions to be performed, and the manner in which such functions may be performed, by attendance authorities;
(e) the distance beyond which a child may not be compelled to attend an approved school;
(f) the circumstances which may be regarded as reasonable excuses for the non-attendance of a child within the meaning of section 10;
(g) the manner in which any inquiry under this Act may be held;
(h) the form in which an attendance order under this Act may be passed;
(i) the registers, statements and other information to be maintained or furnished by approved schools for the purposes of this Act;
(j) any other matter which has to be, or may be, prescribed under this Act.
(3) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section 26 Repeal of Punjab Primary Education Act.
On the date on which primary education becomes compulsory in any specified area, the Punjab Primary Education Act, 1940 (Punjab Act XVIII of 1940) as in force in the Union territory of Delhi shall stand repealed in such area.