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Section 88

The West Bengal Primary Education Act, 1973State Act of West Bengal · Act 43 of 1973

(1) Whenever the Welfare Committee has reason to believe Attendance that the guardian of a child has failed to cause the child to attend a °Trier.

primary school without any reasonable excuse within the meaning of sub-section (2) of section 87, it shall, after causing such enquiry as it considers necessary, make an order directing the guardian to cause such child to attend a primary school on and from the date specified in the order.

417 The West Bengal Primary Education Act, 1973.

[West Ben. Act (Part V.—Chapter XI.—Free and Compulsory Primary Education.— Sections 89, 90.—Part VT—Chapter X11.—Tribunal.---Section 91.)

(2) A guardian aggrieved by an order under sub-section (1) may, within thirty days from the date of the order, appeal in the prescribed manner to the District Inspector of Schools who may confirm or rescind the order.

Penalty for 89. Any guardian who fails to comply with an order passed under failure to rder sub-section (1) of section 88, unless such order is rescinded in an appeal obey o for causing made under sub-section (2) of that section, shall, on conviction before a attendance Magistrate, be liable to a fine not exceeding twenty rupees, and if so of a child in a primary ordered also a recurring fine not exceeding one rupees for each day after school. the first during which he continues so to offend.

Cognisance 90. No Magistrate shall take cognisance of any offence under this of offence.

Chapter except on the complaint of an officer of the State Government not below the rank of an Assistant Inspector of Schools authorised by the State Government in this behalf.

PART VI

CHAPTER XII Tribunal Tribunal. 91. (1) There shall be a Tribunal which shall consist of a person who is or has been a judicial officer, not below the rank of a Subordinate Judge, appointed by the State Government.

(2) The Tribunal shall decide,—

(i) every appeal filed by a teacher or a member of the non-teaching staff of a primary school against the decision of the appeal committee constituted under section 67, in cases where the punishment awarded is dismissal, removal or reduction in rank or such oMer punishment as may be prescribed, and

(ii) every dispute concerning,—

(a) the eligibility of any person for election as a member of the Board or any Primary School Council or any committee of the Board or the Primary School Council under this Act, or

(b) the manner in which such election was held, or

(c) the qualification of any member of the Board or any Primary School Council or any committee of the Board or the Primary School Council, to continue as such member.

418 The West Bengal Primary Education Act, 1973.

XLIII of 1973.]

(Part VL—Chapter XIL—Tribunal.--Section 92.—Chapter XIII .— Transitional provisions.—Sections, 93-95.)

Where this provision sits

ActThe West Bengal Primary Education Act, 1973
Section88
JurisdictionState of West Bengal
StatusIn force as published by the source

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