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State of West Bengal - Section

Section 2 in The West Bengal Primary Education Act, 1973

2. Definitions.

- In this Act, unless there is anything repugnant in the subject or context, -
(i)"attendance" at a school means presence for instruction at a primary school for so many days in a school year and at such time or times on each day of attendance as may be required by the prescribed educational authority;
(ii)"Board" means the West Bengal Board of Primary Education established under this Act;
(iii)["Calcutta" means Calcutta defined in the Calcutta Municipal Corporation Act, 1980;] [[Clause (iii) substituted by W.B. Act 19 of 1994, which was earlier as under :-
'(iii) 'Calcutta' means Calcutta as defined in the Calcutta Municipal Act, 1951;'.]]
(iv)"Chairman" means the Chairman of a Primary School Council;
(v)[ "child" means a boy or girl who has completed five but not eleven years of age on the date of commencement of a school year, and includes any boy or girl who completes five years of age within ninety days from the date of commencement of a school year;] [[Clause (v) substituted by W.B. Act 14 of 1987 which was earlier as under:
'(v) 'child' means a boy or girl who has completed six but not eleven years of age at the beginning of a school year:Provided that a boy or girl who completes six years of age within ninety days from the beginning of a school year shall be deemed to be a child;'.]]
(vi)[ "Director" means the Director of School Education, West Bengal and includes the Commissioner of School Education, where the Commissioner of School Education is posted in place of the Director;] [Substituted by Act No. 16 of 2014, dated 14.11.2014.]
(via)[ "District" shall ordinarily mean a revenue District [* * * * * * * * * * *] [[Clauses (vi) and (via) first substituted for original clause (vi) by W. B. Act 47 of 1980, then clause (vi) again substituted by W.B. Act 28 of 1985. Previous clause (vi) was as under:
'(vi) 'Director' means the officer designated by the State Government as the Director of Primary Education, Government of West Bengal;'.]]]
(vii)"District Inspector of Schools (Primary Education)", "District Officer for Physical Education and Youth Welfare", "District School Education Officer" and "District Special Officer for Scheduled Castes and Tribes Welfare" mean the respective officers designated as such by the State Government;
(viii)"District School Board" means a District School Board established under the Bengal (Rural) Primary Education Act, 1930;
(viiia)[ "Division" means the following geographical divisions of the State - [Clause (viiia) inserted by W.B. Act 47 of 1980.]
(a)the Presidency Division comprising of the Districts of Howrah, [North 24-Parganas, South 24-Parganas], Nadia and Murshidabad,
(b)the Burdwan Division comprising of the Districts of Hooghly, Midnapur, Birbhum, Bankura, Burdwan and Purulia,
(c)the Jalpaiguri Division comprising of the Districts of Malda, [Uttar Dinajpur, Dakshin Dinajpur] [Words substituted for words 'West Dinajpur,' by W.B. Act 19 of 1994.], Cooch Behar, Jalpaiguri and Darjeeling;]
(ix)"guardian" means any person to whom the care, [nurturing] [Word substituted for the word 'nurture' by W.B. Act 10 of 1999.] or custody of any child falls by law or by natural right or recognized usage, or who has accepted or assumed the care, [nurturing] [Word substituted for the word 'nurture' by W.B. Act 10 of 1999.] or custody of any child or to whom the care or custody of any child has been entrusted by any lawful authority;
(x)[ "hill areas" has the same meaning as in the Darjeeling Gorkha Autonomous Hill Council Act, 1988;] [[Clause (x) first substituted by W.B. Act 18 of 1988, then again substituted by W.B. Act 19 of 2004. Previous clause (x) was as under :-
'(x) 'hill areas' has the same meaning as in the Darjeeling Gorkha Hill Council Act, 1988;'.]]
(xi)["Primary Teachers' Training Institute"] [Words substituted for the words 'Junior Basic Training Institute' by W.B. Act 19 of 1994.] includes a Primary Training School and a Senior Teachers' Training School for women recognized by the Director;
(xii)"linguistic minority community" means a community whose mother tongue is any language other than Bengali;
(xiia)[ "minority community" means a community notified as such by the State Government or the Central Government as the case may be;] [Inserted by Act No. 16 of 2014, dated 14.11.2014.]
(xiii)[ "Municipal area" means any area - [[Clause (xiii) substituted by W.B. Act 13 of 1997, which was earlier as under :-
'(xiii) 'municipality' means any place in which the Bengal Municipal Act, 1932 or the Chandernagore Municipal Act, 1955 or the Howrah Municipal Corporation Act, 1980 is in force and includes an area constituted by the State Government as a notified area under section 93A of the Bengal Municipal Act, 1932.'.]]
(a)constituted as -
(A)a municipal area under section 6, or
(B)a notified area under section 378, of the West Bengal Municipal Act, 1993, or
(b)within the jurisdiction of -
(A)the Howrah Municipal Corporation Act, 1980, or
(B)the Calcutta Municipal Corporation Act, 1980, or
(C)the Siliguri Municipal Corporation Act, 1990, or
(D)the Asansol Municipal Corporation Act, 1990, or
(E)the Chandernagore Municipal Corporation Act, 1990, or
(F)the Durgapur Municipal Corporation Act, 1994;]
[* * * * * * * * * * *] [[Clause (xiv) omitted by W.B. Act 47 of 1980, which was as under :-'(xiv) 'non-specified municipality' means a municipality other than a specified municipality.'.]]
(xv)"notification" means a notification published in the Official Gazette;
(xva)[ "prescribed" means prescribed by rules made under this Act;] [Clause (xva) inserted by W.B. Act 20 of 1989.]
(xvi)"President" means the President of the West Bengal Board of Primary Education;
(xvii)[ "primary education" means such elementary education as is imparted through a primary school;] [[Clause (xvii) first substituted by W.B. Act 19 of 1994, then again substituted by W.B. Act 4 of 1996. Previous clause (xvii) was as under :-
'(xvii) 'primary education' means such elementary education provided by a primary school or any other institution, by whatever name called, recognized or deemed to be recognized as a primary school under this Act, in such subjects, and upto such standard, as the State Government may, from time to time, by notification specify;'.]]
(xviii)[ "primary school" means a school, or a department of a school, set up under this Act for imparting such primary education as the State Government may prescribe, and includes a primary school, or a junior basic school, recognized under this Act and in existence on the date of coming into force of the West Bengal Primary Education (Amendment) Act, 1996;] [[Clause (xviii) substituted by W.B. Act 4 of 1996, which was earlier as under :-
'(xviii) 'primary school' means a school or a department of a school giving instruction in primary education recognized or deemed to be recognized as a primary school under this Act and includes a junior basic school;'.]]
(xix)[ "Primary School Council" means a District Primary School Council established under section 37, and includes the Siliguri Primary School Council referred to in sub-section (2A) of that section and the Calcutta Primary School Council referred to in section 38;] [[Clause (xix) substituted by W.B. Act 10 of 1999, which was earlier as under :-
(xix)'Primary School Council' means a Primary School Council established under this Act, and includes the Primary School Council for the sub-division of Siliguri;'.]]
(xx)"prescribed" means prescribed by rules made [or notification or orders issued, as the case may be,] [Words inserted by W.B. Act 4 of 1996.] by the State Government under this Act;
(xxi)"school year" means the year beginning with such date as the Board may, with the previous approval of the State Government, fix;
(xxia)[ "teacher" means a person who holds a teaching post in a primary school or in a [Primary Teachers Training Institute] [Clause (xxia) inserted by W.B. Act 47 of 1983.] on a regular and whole-time basis and is paid [wholly] [Word substituted for the words 'either wholly or in part' by W.B. Act 10 of 1999.] from the funds under the control of the State Government in the Education Department;]
[* * * * * * * * * * *] [[Clause (xxii) omitted by W.B. Act 47 of 1980, which was as under :-'(xxii) 'specified municipality' means a municipality or a group of two or more municipalities specified by the State Government by notification for the purposes of this Act;'.]]
(xxiia)[ 'staff means, - [Clause (xxiia) inserted by W.B. Act 13 of 1997.]
(i)in relation to the West Bengal Board of Primary Education, the employees appointed by the Board against posts sanctioned by the State Government, and
(ii)in relation to a Primary School Council, the employees appointed by the Council against posts sanctioned by the State Government.]
[* * * * * * * * * *] [[Clauses (xxiii) and (xxiv) omitted by W.B. Act 19 of 1994, which were as under :-'(xxiii) 'Vice-Chairman' means the Vice-Chairman of the Primary School Council;
(xxiv)'Vice-President' means the Vice-President of the West Bengal Board of Primary Education;'.]]
[* * * * * * * * * *] [[Clauses (xxiii) and (xxiv) omitted by W.B. Act 19 of 1994, which were as under :-'(xxiii) 'Vice-Chairman' means the Vice-Chairman of the Primary School Council;
(xxiv)'Vice-President' means the Vice-President of the West Bengal Board of Primary Education;'.]]
(xxv)"year" means a year beginning on the first day of April.