DRAFT BILL 29/8/19 ASSAM SCHOOL EDUCATION BILL, 2019 A BILL
DRAFT BILLASSAM SCHOOL EDUCATION BILL, 2019ABILLPreamble29/8/19To provide for a law for promoting, planning and development of allschools and for securing a greater measure of participation by parents,guardians, educationists, social workers and administrators in the affairsof such institutions and with a view to fostering harmonious developmentof the mental and physical capabilities and cultivating a scientific andsecular outlook of the students;whereas it is expedient to provide quality education to students;it is hereby enacted in the Seventieth year of the Republic ofIndia, as follows:Section 1:This Act may be called the Assam School Education Act, 2019.Short title,extent andcommencement:(a) It extends to all the Government, Provincialised, Government aided EducationalInstitutions including private schools imparting education from pre-primary toclass-XII or its equivalent, irrespective of the medium of instruction situated inthe state of Assam except in the autonomous districts, provided that the StateGovernment may, in consultation with the district Councils of the autonomousdistricts extend this Act to those autonomous districts by a notification in theAssam Gazette.(b) It shall come into force on such date, as the State Government may, bynotification in the official Gazette, appoint.CHAPTER-1PRELIMINARYDefinitions: Inthis Act,unless thecontextotherwiserequires,Section 2:(1)“Academic Year” means a period of one year (including vacations),notified as an academic year by the State or Central Government, or byAcademic Authority, for the transaction of the course of studyprescribed;(2)“Academic Authority” means Boards, which prescribe the coursecurriculum and conduct Examinations, as prescribed;(3)“AES” means the Assam Education Service;(4)“AHSEC” means the Assam Higher Secondary Education Council Assam ActNo XVII ofestablished under Assam Higher Secondary Education Act 1984;1984(5)“Appointed day” means the date on which this Act comes into force;(6)“Appropriate Authority” means the authority who is authorised toappoint teaching and non teaching staff as per concerning Service Rule;(7)“Area of operation” means as defined in section 1 (2)(8)“ASTPPC” means the Assam State Textbook Production & PublicationCorporation Ltd;(9)“BBE” means Block Board of Education;1
(10)“B. Ed College” means the College imparting training courses forGraduate and post Graduate teachers recognised by the NCTE;(11)“Capitation Fee” means any fee, donation or contribution other thanfee or any payment that an aided or unaided school publicly notifies atthe time of announcement for admission as being payable by allchildren or parents in the event of admission to the school;(12)“CBSE” means the Central Board of Secondary Education;(13)“Central Government” means the Government of India;(14)“Child in need of Care and Protection” shall have the meaning assigned Central Actto it in clause (d) of section 2 of the Juvenile Justice (Care and no 56 of2000Protection of Children) Act, 2000;(15)“Competent Authority” means an authority designated by theGovernment of Assam as a competent authority for the purposes ofthis Act;(16)“Complaint” means any allegation in writing made by a complainant;(17)“Constitution” means the Constitution of India;(18)“Compulsory Education” means an obligation on the StateGovernment to take all necessary steps in terms of this Act to educatechildren upto to a certain age;(19)“Composite Schools” means the educational institutions impartingeducation both in Elementary and Secondary sector;(20)“C.T.E” means College of Teacher Education;(21)“DAE” means the Director of Adult Education, Assam;(22)“Date of recognition” means the date from which the recognition isgranted by the appropriate authority;(23)“DBE” means District Board of Education;(24)“DHE” means the Director of Higher Education, Assam;(25)’DLD” means the Director of Language Development.(26)“DSE” means the Director of School Education, Assam.(27)“DSCERT” means the Director of State Council of Educational Research andTraining;(28)“DT” means the Director of Training;(29) “Disability” shall have the meaning assigned to it in clause (i) of section2 of the Persons with Disabilities (Equal Opportunities, Protection ofRights and Full Participation) Act, 1995; and shall include such otherconditions as may be notified by the competent authority as a disabilityfor the purposes of this Act;(30)“District Council” means the District Council constituted under the sixthschedule to the Constitution of India;(31)“Disadvantaged Group” means Scheduled Castes, Scheduled Tribes,other groups disadvantaged due to economic, social, cultural, linguistic,gender, administrative, locational, disability or other factors andnotified as a disadvantaged group in relation to an area, in suchmanner, as may be prescribed;(32)“DIET” means District Institute of Education and Training;(33)“DME” means the Director of Madrassa Education, Assam;(34)“Education Department” means the Department of Education,Government of Assam;(35)“Educational Institution” means all Schools, Colleges, Madrassas etcimparting Education from Pre-Primary level to Class XII, includingMadrassa Education;2
(36)“Elementary Education” means the education that starts from Class-Iand goes up to Class-VIII;(37)“Equitable Quality” in relation to School Education means providing allchildren, opportunities of access to, participation in, and completion ofSchool education in accordance with the provisions of this Act.(38)“Existing school” means all Government, Provincialised and otherschools, which are in existence on the day of commencement of thisAct;(39)“Existing employee” means an employee of the Government orProvincialised or other Schools in service on the day of thecommencement of this Act;(40)“Examination” means the examination and evaluation conductedperiodically, half-yearly, annually by the authority, as may beprescribed;(41)“Fees” means the fees, which may be levied on and collected from astudent or a parent, as may be prescribed by the competent authority;(42)“First Generation Learner” means neither a child, nor his or her parentshave completed elementary education;(43)“Free Education” means freedom for the child and her or his parent orguardian from liability to:i. pay any tuition fee or charges to the school where the childor ward is studying,ii. Incur such other expenses, as may be prescribed, which arelikely to prevent the child from participating in andcompleting elementary education,(44)“Fully-aided School” means a school, which receives grants from theGovernment or local authority to meet its expenses, or such part;(45)”Girls’ School or Institution” means an educational institutionexclusively meant for girls;(46)“Governor” means the Governor of Assam;(47)“Grade”, in relation to the elementary stage means any of its eightannual sub-stages;(48)“Guardian” in relation to a Child means his or her natural guardian orany person having the actual charge or control over the child andrecognized by the competent authority as a guardian in course ofproceedings before that authority;(49)“Head of Institution” means Principal, Headmaster or Head Mistress,Head Teacher and Superintendent of Educational Institution;(50)“High Madrassa” means a school, which imparts education in specialsubjects like Arabic literature, Fiqh and Aquaid in addition to normalsubjects of High School and affiliated to Board of Secondary Education,Assam;(51)“Higher Secondary Schools” means the educational institutions thatimpart education for the children up to class-XII;(52)“Institution” means a recognised educational institution that impartseducation in a formal school or its alternative;(53)“ICC” means Internal Complaint Committee constituted in each Schoolto deal with the complaints of students regarding sexual harassmentand Drug abuse etc.;(54)“I.S” means the Inspector of Schools (to be re-designated as DEO);3
(55)“JTTI” means the Junior Teacher Training Institute (a Normal School ora Basic Training Centre shall be renamed);(56)“Juvenile in Conflict with Law” means a person who has not completedeighteenth year of age and is alleged to have committed an offence;(57)“Local area”, in relation to a Local Authority means the area comprisedwithin the territorial jurisdiction of the authority, such as:(i)A Panchayat in respect of rural areas,(ii)District Councils in respect of 2 Hill districts, BTAD in respectof Bodoland Territorial Autonomous Districts and villageCouncils thereof,(iii)Guwahati Municipal Corporation, a Municipal Board or aTown Committee, and(iv)Such other authorities as the Government may, bynotification, specify for the areas mentioned therein;(58)“Madrassa Educational institution” means the Schools or Collegesimparting education in special theological subjects of Muslim religion,in addition to English, General Science and Mathematics and affiliatedto State Madrassa Education Board or any other competent authority,as prescribed;(59)“Malpractice” means adopting unfair means by any examinee and anyperson entrusted with examination duties;(60)“Migrant Family” means a family that does not reside at any singlelocation for at least such minimum number of days in a calendar yearas may be prescribed;(61)“Minor Punishment”, in relation to a teacher means any punishmentother than dismissal or removal from service or reduction in rank;(62)“NCTE” means the National Council of Teacher Education;(63)“Neighbourhood” means such area around the residence of a child asmay be prescribed;(64)“Neighbourhood School”, in relation to a Child means any schoollocated within the neighbourhood of the residence of the child;(65)“Notification” means a notification published in the Assam Gazette;(66)“Non-Government Educational Institution” means the institutions that Assam Actimpart school education with due permission and recognition from the No IV ofcompetent authority as mentioned in the “Assam Non-Government 2007Educational Institutions (Regulation & Management) Act 2006 and theschools which are neither Government nor Provincialised institutions;(67)“Non-educational purpose” means any purpose not connected withschool education or participation in such activities which aredetrimental to schoolincluding participation in Dharna,Demonstration etc, which are not related to school education;(68)“Out-of-School Child” means a child, who is either not currentlyenrolled in a school or, though enrolled, is not able to participatetherein;(69)“Parent Teacher Association” means a Committee of parents andteachers of a school;(70)“Partially-aided School” means a school, which receives grants from theGovernment or local authority to meet its expenses, in part, as may beprescribed;(71)“Parent” means the father or the mother of a child and includes an4
adoptive father or mother;(72)“Participation” in School Education, in relation to a Child, meansregular attendance in school, and effective participation in curricularand co-educational activities;(73)“PPTC” means Pre-Primary Teacher Training Centre;(74) “Pre-Primary Education” means the education that impart educationto children before Class-I;(75)“Primary Education” means the education that starts at Class-I andgoes up to Class-V;(76)“Prescribed” means prescribed by rules and regulations made underthe Act or by a notification;(77) “Pre-primary Section”, in relation to a School means an establishment,which meets the educational needs, with or without other services, ofchildren before the elementary stage of education, either as a part of aschool or as an independent entity collaborating with it;(78)“Private School” means School other than Government andProvincialised School;(79)“Public Examination” means the examinations conducted by SEBA orAHSEC or State Madrassa Education Board or other bodies as may beprescribed;(80)“Ragging” means causing, inducing, compelling or forcing a student,whether by way of a practical joke or otherwise, to do any act whichdetracts from human dignity or violates his or her person or exposeshim or her to ridicule or to forbear from doing any lawful act, byintimidating, wrongfully restraining, wrongfully confining or injuringhim or her or by using criminal force to him or her or by holding out tohim or her any threat of such intimidation, wrongful restraint, wrongfulconfinement, injury or the use of criminal force ;(81)“Recognised”, in relation to a School means recognised by a statutorilyempowered authority, or by the Government, or by an authorityempowered by the Government, in accordance with the law, rules, orexecutive instructions governing recognition of schools;(82)“Recognised school” means a school recognised by the appropriateauthority of the state as may be prescribed;(83)“RSA” means Rajyik Siksha Ayog;(84)“RTE” means the Right of Children to Free and Compulsory Education Act,2009 (Act No. 35 of 2009);(85) “Rules” means the rules as may be framed by the Government underthis Act;(86)“SABE” means State Advisory Board of Education;(87)“SCTE” means the State Council of Teacher Education;(88)“SCERT” means the State Council of Educational Research and Training;(89)“School” means educational Institution i.e. Schools, Colleges,Madrassas etc imparting education from Pre-Primary level to Class XII,including Madrassa Education and recognised by the competentauthority;(90)“Screening Procedure” for Admission to a School means any procedurethat is used to select one child in preference to another, except in arandom manner, for admission to a school;(91)“SEBA” means the Board of Secondary Education, Assam established5Central ActNo 35 of2009Assam ActNo XXIV of
under Assam Secondary Education Act 1961. (Assam Act XXIV of 1961); 1961(92)“Secondary Education” means education that starts at the completionof elementary Education and goes up to Class- XII;(93)“Secondary Schools” means the educational institutions impartingeducation for the children up to class-X;(94) “Senior Secondary School” means the institutions imparting educationat class XI and XII only;(95) “SMDC” means the School Management & Development Committee;(96)“Specified Category”, means the school known as Kendriya Vidyalayas,Navodaya Vidyalayas, and Sainik Schools, and such other categories ofSchools as may be specified by notification by the Government, for thepurposes of this Act;(97)“State School” means a school run by the State Government or a localauthority;(98)“Teacher Training Institute” means an institution of State Governmentor Central Government or Private that has been duly recognised by theNCTE for imparting training to the teachers, as prescribed;(99)“Teacher” means a person who teaches full time in a school andincludes the head teacher of such school;(100)“Unaided School” means private school which is neither Governmentschool nor provincialised school;(101)“Upper Primary Education” means the education that starts at Class-VIand up to Class-VIII;(102)“Ward”, in relation to Child, means a child who is under theguardianship of someone, other than a parent;(103)“Weaker Section”, in relation to a Child means a child in need of careand protection, or a child, the annual income of whose parents orguardians is less than such minimum limit ,as may be notified by thegovernment in this behalf from time to time ;(104)“Working Child” means a child who:(i) works for wages, whether in cash or in kind, or(ii) works for her or his own family in a manner which preventsher or him from participation in elementary education;NOTE(1) The female gender, wherever used in pronouns in relation to a child oryoung person includes the male and vice versa;(2) Words and expressions used but not defined but defined in theConstitution, shall have the meanings positively assigned to them inthe Constitution.CHAPTER – IISection 3:State Government may regulate Primary, Upper Primary, Secondary, HigherSecondary and Senior Secondary education including 2 stage of DegreeRegulation of Colleges , Teachers Training Institutes and also Madrassa Institutions inSchoolaccordance with the provisions of this Act, in accordance with the Assam NonEducationGovernment Educational Institutions (Regulation and Management Act), 2006as amended up to date, RTE Act 2009 and also under The Assam NonGovernment Educational Institutions (Regulation of Fees) Act ,2018, on the6Central ActNo 35 of2009 andAssam ActNo IV of2017 andAct No Xvof 2018
following aspects:(i)Registration of existing private schools imparting educationfrom pre-primary to Class XII and Madrassa Schools inaccordance with the provisions of this Act and in accordancewith the Assam Non-Government Educational Institutions(Regulation and Management ) Act 2006 as amended up to date, RTE Act 2009 and also under The Assam Non-GovernmentEducational Institutions (Regulation of Fees ) Act ,2018.However the Schools established exclusively for education ofPre-Primary Education has to register with appropriateauthority, notified by the Government from time to time;(ii)Permission and recognition to Schools and those collegesimparting education in Class XI and XII by concerning AcademicAuthorities to Government Educational Institution and toprivate educational institution registered in accordance withthe provision mentioned in clause (i) above;(iii)Permit establishment or establish formal educationalinstitutions or its alternatives, for imparting education both informal, Autonomous Schools, Distance Education or OpenSchool, Education Guarantee Centre and Alternative InnovativeEducation (AIE) etc.;(iv)Permit establishment of Teachers Training Institutes includingthe Institutions imparting courses of B.Ed, M.Ed , providednecessary recognition obtained from NCTE or other appropriateauthority of Government of India.(v)Such other steps or any other matter concerning education thatthe Government, may consider necessary from time to time;and(vi)Take such steps as necessary to bring about “Education for All”so that no child is left behind including dropouts from obtainingeducation.Section 4:(1)Functions ofStateGovernment(2)(3)Ensure quality education through academic assessments,accountability, teacher management and development, bettercurriculum, and instructional materials etc. as may beprescribed;To narrow down the achievement gap between high and lowperforming children, especially the achievement gaps betweenadvantageous region and disadvantageous regions by creatingSpecial Education Zones;Ensure Education for all including Children with special needsand Girls;7Central ActNo 35 of2009 andAssam ActNo IV of2017 andAct No Xvof 2018
(4)The State Government shall ensure that all teachers appointedin Educational Institutions must be qualified in accordance withthe RTE Act, NCTE or UGC Regulations . The teachers appointedin Government and Provincialised Schools shall be in Central Actaccordance with the Service Rules in force at the time of No 35 ofappointment or at the time of regularisation against a 2009permanent vacancy.(5)The State Government may hold schools, educational agencies,and officers concerned accountable for low achievement in theresults of final examinations, concerning to the School;(6)The State Government may ensure that, in case of CBSE or anyother Board affiliated Schools, the norms laid down by theappropriate authority shall be applicable;(7)Provide children an enriched and accelerated educationalprogramme, including the use of school wise programmes oradditional services that increases the amount and quality ofinstructional time;(8)Promoting school wise reform and ensuring the access ofchildren to effective, scientifically based instructional strategiesand challenging academic content;(9)Significantly elevating the quality of instruction by providingstaff in participating schools with substantial opportunities forprofessional development;(10)Coordinating services of all educational authorities with eachother, with other educational services, and to the extentfeasible, with other agencies providing services to youth,ch
ASSAM SCHOOL EDUCATION BILL, 2019 A BILL Preamble Short title, extent and commencement: To provide for a law for promoting, planning and development of all schools and for securing a greater measure of participation by parents, guardians, educationists, social workers and administrators in the affairs . (21)“DAE” means the Director of .
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