(1) In the area referred to in the notification issued under sub-section (4) of section 4, it shall be the duty of the guardian of every child, residing within that area, to cause such child to attend a recognised primary school unless, in the opinion of the School Committee, there is a reasonable excuse ,for the non-attendance of the child.
(2) Any of the following circumstances shall be deemed to be a reasonable excuse within the meaning of this section, namely : —
(a) that there is no recognised primary school within a distance of one mile from the residence of the child, measured by the shortest route; which the child can attend;
(b) that the child is prevented from attending the school by reason of sickness or infirmity;
(c) that the child is receiving education in some other satisfactory manner;.
(d) that the child has already completed primary education as defined in clause (g) of section 2;
(e) such other circumstances as may be prescribed.
. 8. (1) If the School Committee is satisfied that a guardian, who is required under section 7 to cause a child to attend a recognised primary school, has failed to do so, it shall, after giving a warning in writing to such guardian, apply to a Magistrate having jurisdiction for an order to compel the guardian to cause the attendance of such child, and the Magistrate shall fix a day for the hearing of the application and cause notice thereof to be given to such guardian.
(2) On the day fixed for the hearing of the application or on any subsequent day to which it may be adjourned, and after hearing the guardian or his authorised agent, if present, the Magistrate, if satisfied that the facts alleged in the application are true, may pass an order directing the guardian to cause such child to attend a recognised primary school from a date to be specified in such order.
Constitution of School Commit.
tee.
Duty of guardian to send child to school.
Order of Magistrate to compel attendance.
Penally for failure to obey order.
Prohibition of employment of children.
Employer's liability.
6 The West Bengal Urban Primary Education Act, 190.
[West Ben,AVX 1 (Chapter 11.—Free and compulsory primary education in urban areas.—Sections 9-14,)
9., (1). Any guardian who fails to comply with an order passed under section 8 shall, on conviction., before a Magistrate, be liable to a fine not exceeding five rupees, and, if so ordered, also to a -recurring fine not exceeding one rupee for each day after the first during which he continues so to offend.
(2) No Magistrate shall take cognisance of an offence under this section except on the complaint of the School Committee.
10. No person shall, without the permission of the School Committee, employ any child who is required to attend a recognised primary school under this Chapter :
Provided that such permission shall not be necessary if employment does not interfere with the attendance of the "child at such school.