State Act
Section 4. Primary education when to be declared free and compulsory.
The West Bengal Urban Primary Education Act, 1963
This Act was repealed on a date we do not have by the West Bengal Primary Education Act, 1973 (West Bengal Act XLIII of 1973), s.105(1); it may still apply to matters that began before then.
4. (1) The State Government may, after considering the statement submitted under section 3 and the conditions, and the resources of the Commissioners, of the Municipality, and after determining the amount of financial assistance from the State Government which may be necessary in order to provide for free and compulsory primary education within the Municipality or any part thereof, direct the Commissioners of the Municipality to provide the necessary school accommodation, staff and equipment for all children likely to attend primary schools within the Municipality or any part thereof, as the case may be, and to assume direct management and control of schools established for the purpose. (2) Notwithstanding anything contained in sub-section (1), the State Government may, at any time, by order, direct the Commissioners of a Municipality to submit to it, within such time as may be specified in the order, a scheme prepared in such manner as may be prescribed for free and compulsory primary education within the Municipality or any part thereof for all children resident therein. (3) The State Government, after considering the scheme referred to in sub-section (2) and after determining the financial assistance from the State Government which may be necessary to provide for free and compulsory primary education within the Municipality, may sanction such scheme with or without modification. (4) When a direction has been given under sub-section (1) or a scheme has been sanctioned under sub-section (3), the Commissioners of the Municipality concerned shall cause a notification to be issued declaring that primary education shall be free and compulsory for all children within the Municipality or any part thereof, as the case may be. (5) Every notification issued under sub-section (4) shall be published in the Official Gazette and shall be posted up at the Municipal office and at such other places, as the Commissioners of the Municipality shall deem necessary, specifying the date on and from which primary education shall be free and compulsory within the Municipality, or any part thereof. (6) When primary education has been declared free and compulsory in any Municipality, or any part thereof, the Commissioners of the Municipality shall— (a) maintain such administrative machinery as may be prescribed; and (b) spend every year for the purposes of free and compulsory primary education within such Municipality or part— (i) the proceeds of the education cess imposed therein during that year under section 15, and also all moneys received by them during that year, including the income accruing from any fund held by them, for the said purposes; and (ii) such amount as they spent for primary education therein during the year preceding the commencement of this Act. Explanation.—In this clause “year” has the same meaning as in the Bengal Municipal Act, 1932.