THE ODISHA BASIC EDUCATION ACT, 1951

Orissa Act No. XVIII of 1951

*THE ORISSA BASIC EDUCATION

ACT, 1951
[Received the assent of the Governor on the 10th May 1951, first published in an

extraordinary issue of the Orissa Gazette, dated the 19th May 1951]

AN ACT TO PROVIDE FOR MAKING BETTER PROVISION FOR BASIC

EDUCATION IN THE STATE OF ORISSA

WHEREAS it is expedient to make better provision for basic education in

the State of Orissa in the manner hereinafter appearing ;

It is hereby enacted as follows :—

1. Short title, extent and commencement:- (1) This Act may be celled

the Orissa Basic Education Act, 1951.

(2) It extends to the whole of the State of Orissa.
1[(3) This section and section 16-A shall come into force at once and the

remaining provisions of this Act shall come into force in such area or areas on

such date or dates as the State Government may, by notification, direct.]

2. Definations:- In this Act unless there is anything repugnant in the

subject or context-

(i) to “attend” a recognised basic school means to be present for instruction

at such school for so many and such days in the year at such time or times on

each day of attendance as may be prescribed by the educational authority or the

Orissa Board of Basic Education, as the case may be ;

(ii) “basic education” means such a system of all-sided education to be

imparted through a, productive craft in the local environment in which pupils live

with a view to making it self-supporting  and inculcating a true sense of dignity of

labour, as shall be recognised by the State Government from time to time ;

(iii) "child" means a boy or girl who is not less than six and not more than

ten years of age to whom the primary education or the basic education, as the

case may be, shall be imparted and includes in a local area specially notified by

* Published in Orissa Gazette Extraordinary No.  dated 19.05.1951

1. Substituted vide Orissa Act 8 of 1955

The Odisha   Gazette
EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. Date : 19th May 1951



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the State Government for the purpose of basic education, a boy who is not less

then six and not more than fourteen years of age ;

(iv) “parent" includes a guardian and any person who is liable to maintain

or has the actual custody of a child ;

(v) "prescribed” means prescribed by rules made by the State Government

under this Act ;

(vi) "primary education” means such instruction as is for the time being

given in the State of Orissa ;

(vii) “recognised primary school" means a school in which primary education

is given end which is for the time being recognised by the prescribed educational

authority ;

(viii) "recognised basic school” means a school in which basic education

is given and which is recognised as such by the Orissa Board of Basic Education

constituted under section 3 or by an officer of the Education Department of the

Government of Orissa not being below the rank of a District Inspector of Schools

duly authorised by the said Board in this behalf ;

(ix) “school committee" means a committee constituted under section 5

of this Act.

3. Constitution of the Orissa Board of Basic Educaation:- (1) The

State Government may, by a notification constitute a Board to be known as the

Orissa Board of Basic Education to exercise the powers conferred by this Act

and the rules made there under and may in the like manner vary the constitution

of the said Board.

(2) The Orissa Board of Basic Education when constituted shall be deemed

to be e Local authority for the purpose of the Orissa Local Fund Audit Act, 1948.

(Orisa Act V of 1948)

4. Issue of notification declaring basic or primary education of

children compulsory:- (1) The State Government may, by notification, declare

that from the date specified in the said notification the basic or primary education

of children ordinarily residing in any local area within the jurisdiction of District

Board, Municipality or a Grams Panchayat (hereinafter referred to as the Local

authority) constituted under the laws for the time being in force, or in any portion

of such local area or at any other place in the State outside the jurisdiction of the

Local authority, shall be compulsory. Such local area or portion of a local area or

place shall he notified by the State Government from time to time.

(2) No such notification shall be issued by the State Government-

(a) unless the State Government are satisfied that the Local authority

concerned has so determined by resolution passed at a general

meeting specially convened in this behalf and such resolution

has been supported by at least two-thirds of the members present

at the said meeting ;

(b) unless the Local authority concerned has satisfied the State



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Government that it is in a position to make adequate provision

for funds in respect of schools maintiained or aided by it for

compulsnry basic or primary education;

(c) unless in a local area, portion of an area or place there are

recognised primary schools with adequate staff.

(3) Every notification under sub-section (1) shall be published in the Gazette

and a copy thereof shall be posted at the office of the Local authority and at such

other places and in such manner as the State Government may direct.

(4) On and from the date the State Government have declared bya notification

under sub-section (1) that the basic or primary education shall be compulsory in

any local area within the jurisdiction of my Local authority such Local authority

shall be deemed to constitute a basic or primary educational authority for out the

purpose of the Act;

Provided that the State Government may in any case if they think fit direct

that the Orissa Board of Basic Education shall exercise the functions of a. basic

educational authority for any arm in respect of which a declaration has been

mode under sub-section (1).

5. Appoinment of school committee:- Where notification under section

4 has been issued in respect of any area the Local authority shall appoint a

school committee for the said area for a portion of the said area in accordance

with the rules made under this Act.

6. The duty of parent to cause children to attend school:- Where a

notification under section 4 is in force in any area the parent of every child shall,

in absence of reasonable excuse as hereinafter provided, and if such child ordinarily

resides in such area, cause such child to attend a recognised basic or primary

school as the case may be, in such area.

7. Meaning of reasonable excuse:-  A parent shall be deemed to have

a reasonable excuse within the meaning of section 6 for failure to cause a child

to attend a recognised basic or primary sohool in any of the following cases:-

(a) where the child is prevented from attending school on account of

sickness, infirmity, domestic necessity, the seasonal needs of

agriculture or other sufficient case ;

(b) where the child is receiving, otherwise than in a recognised basic

or primary school, instruction which in the opinion of the school

committee is sufficient or has already completed his basic or

primary education ;

(c) where there is no recognised basic or primary school within a

distance of one mile by the shorter route from the residence of

the child :

Provided that in the case of any specified area the State Government may,

by notification, vary the distance herein before specified for  such period as they



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may think fit :

Provided further that a parent shall not be compelled to cause a child to

attend a recognised basin or primary school at which attendance at religious

instructions in a faith other than that to which the child belongs, is compulsory.

8. Issue a attendance order by Magistrate:- (a) Where the school

committee is satisfied that a parent being bound under the provisions of section

6 ot cause a child to attend, a recognised basic or primary school has, after due

warning by or at the instance of the school committee failed to do so, the school

committee may apply to the nearest Magistrate for an order directing such parent

to cause such child to attend a recognised basic or primary school and the

Magistrate shall fix a day for hearing the application and cause notice thereof to

be given to the parent.

(b) On the day fixed for the hearing of the application or on any subsequent

day to which in may be adjourned, and after hearing the parent or at the discretion

of the Magistrate any other person on his behalf, the Magistrate may pass an

order directing the parent to cause such child to attend a recognised basic or

primary school on and from a data to be specified in the order.

 9.Penalty for failure to obey attendance order:- (1) Any parent who

fails without reasonable excuse to comply with an order under section 8 shall, on

conviction before a Magistrate, be punisheble with a fine which may on the first

convion extend to two rupees and one subsequent conviction to ten rupees.

(2) No court shall take cognizance of an offence under sub-section (1)

except on the complaint of the school committee or on a complaint by a person

authorised by the school committee.

10. Penalty for employing a child in contravention of the Act:- Whoever

knowingly employs, either on his own behalf or on behalf of any other person,

any child to whom the provisions of section 6 apply, so as to interfere with the

attendance of such child at a recognised basic or primary school, shall, on

conviction before a Magistrate, he liable to a fine which may extend to twenty-five

rupees.

11. Expenditure how to be met:- The expenditure in connection with

the maintenance of recognised basic or primary schools may be met from the

Primary Education Fund constituted in a District Board or Municipality, as the

case may be, under Section 264 of the Orissa Local Government Act, 1950

(Orissa Act XXII of 1950) and section 362 of the Orissa Municipal Act, 1950

(Orissa Act XXIII of 1950) respectively. In a local area where a Grama Panchayat

has been constituted, the expenditure shall be met from the Grama Fund so

constituted under section 40 of the Orissa Grama Pamchayat Act, 1948 (Orissa

Act XV of 1948).

12. Basic or Primary education  to be free:- The education imparted at

a recognised basic and primary school, shall be free.

13. Inspection by persons employed by the State Government :- All

recognised basic and primary schools maintained by Local authority shall be



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open to inspection by any person employed by the State Government in this

behalf.

14. Local authority to perform functions or a school committee :- If
the Local authority does not appoint a school committee under the provisions of

this Act, the Local authority shall itself exercise all the powers conferred end

perform all the duties imposed by or under this Act upon a school committee so

appointed.

15. Power of the State Government to cancel the order :- If the State

Government are of opinion that a Local authority has made default in any of the

requirements of this Act, they may, by notification stating the grounds of such

order, cancel any notification which has been issued under section 4 or may

make such other orders as they may deem fit.

16. Application of the provision of the Act to existing Primary School:-
The State Government may by notification, apply all or any of the provisions of

this Act to all or any of the primary schools in the State and thereupon such

primary school or schools shall be deemed to be a basic school or schools for

the purposes of this Act.
1[16-A. Constitution of Orissa Primary and Basic School Teacher

Provident Fund and power to make rules:- The State Government shall have

the constitution power to constitute a Fund to be called the Orissa Primary and

Basic School Teachers Provident Fund or the benefit of all or any class or classes

of teachers of all or any of the primary and basic schools in the State of Orissa

and may by rules provide for-

(a) the maintainance and administration of the Funds;

(b) the amount of contribution to be made to the Fund by such

teachers and the mode of making such contributions;

(c) the custody and control of moneys in respect of such contributions

; and

(d) the extent of contributions to be made to this Fund from out of

the Consolidated Fund of the State.]

17. Power to make rules:-  (1) The State Government may by notification,

make rules to carry out the purpose of this Act.

(2) In particular and without prejudice to the generality of the foregoing

provision, such rules may-

(a) prescribe the educational authority, reffered to in section 2;

(b) prescribe the powers of the Orissa Board of Basic Education

constituted under seetion 3;

(c) determine generally what shall be considered to be adeqate

provision for basic and primary education under section 4;

1. Inserted vide Orissa Act 8 of 1955



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(d) prescribe the manner in which the Local authority shall satisfy

the State Government under section 4 and the particular to be

furnished in the application ;

(e) prescribe the manner in which the school committee shall he

constituted, the number of members and period of office members

of the school committee, its duties and powers in respect of the

direction of education in and the regulation of basic and primary

schools, the manner in which it shell transact its business, its

relation with the Local authority and the prescribed educational

authority or the Orissa Board of Basic Education, as the case

may be and the circumstances in which separate school

committees may be appointed for separate portion of an area in

respeet of which a notification under section 4 has issued.

18. Removal of difficulties in the working of the Act:-  If any difficulty

arises in giving effect to the provisions of the Act, the State Government may as

occasion requires, by order, do anything which appears to them to be neoespary

to remove the difficulty.



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