PART III
COMPULSORY EDUCATION
Compulsory School Age and Offences
SECTION
76. Compulsory education age.
COMPULSORY SCHOOL ATTENDANCE AND INSPECTION
77. Duty of parents to secure the education of their children.
78. When attendance excused.
79. Appointment of school attendance officers.
80. Jurisdiction and responsibility of school attendance officers.
81. Powers of school attendance officer.
Inquiry by officer and notice.
82. Reports and information.
Where no school attendance officer.
83. Liability of parent.
Bond for attendance.
84. Proceedings to be taken by attendance officers.
Proof of age.
Compulsory education age
76. (1) In this Act, the expression "a compulsory school age" means any age between six and twelve years and accordingly a person shall be deemed to be of compulsory school age if he has attained the age of six years and has not attained the age of twelve years, and a person shall be deemed to be over compulsory school age as soon as he has attained the age of twelve years.
(2) Notwithstanding subsection (1), the Minister, if he is satisfied that it has become necessary or expedient to raise or lower the upper limit of the compulsory school age, may by Order, subject to affirmative resolution of Parliament, within sixty days of the making of the Order, direct that the foregoing provisions of this section shall have effect as if for references therein to the age of twelve years there were substituted a reference to any age prescribed in the Order.
(3) Except with the permission of the Principal and under the supervision of a teacher deputed by him for the purpose, no child on the register of any public or private school may be admitted, whether on payment or otherwise, to any cinema show or other similar form of entertainment during the hours of 8 a.m. to 3.30 p.m. on any day on which attendance at school is by this Act and the Regulations required.
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(4) No pupil enrolled on the register of any school, whether public or private, may be admitted ^o or allowed to remain on the licensed premises of any person who carries on pool betting busi- ness under a betting office licence within the meaning of section 26 of the Gambling and Betting Act.
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(5) No pupil enrolled on the register of any school, whether public or private, may be admitted to or allowed to remain on the licensed premises of any person who carries on any business in connection with the sale, storage or conveyance of intoxicating Ch. 84:10. liquor within the meaning of section 2 of the Liquor Licensing Act and if any person contravenes this subsection, he is liable on summary conviction to a fine of one thousand five hundred dollars and to imprisonment for six months.
(6) A person who employs a child of compulsory school age during the hours and on any day referred to in subsection (3), is liable on summary conviction to a fine of three hundred dollars and in the case of a continuing offence to a further fine of thirty dollars for each day on which the offence continues after conviction thereof.
(7) If a corporation contravenes subsection (6), in addition to the corporation, every director and officer of the corporation who authorises, permits or acquiesces in the contravention is liable on summary conviction to the same penalty as the corporation.
(8) A person who contravenes subsections (3) and (4) is liable on summary conviction to a fine of five hundred dollars and to imprisonment for three months.
COMPULSORY SCHOOL ATTENDANCE AND INSPECTION
Duty of parents to secure the education of their children
77. Subject to section 78, it shall be the duty of the parent of every child of compulsory school age to cause him to receive efficient full-time education suitable to his age, ability and aptitude, by regular attendance at a school.
When attendance is excused
78. A child is excused from attendance at school—
(a) if, in the opinion of the Minister, he is receiving excused satisfactory instruction at home or elsewhere;
(b) if he is unable to attend school by reason of sickness or other unavoidable cause;
(c) if he is excluded from attendance at school under any written law;
(d) if he is absent temporarily as authorised under the Regulations.
Appointment of School Attendance Officers
79. School attendance officers shall be appointed for local edu- cation districts established by the Minister under section 10.
Jurisdiction and responsibility of school attendance officers
80. A school attendance officer has jurisdiction and is responsible for the enforcement of compulsory school attendance in respect of all children of compulsory school age in any district.
Powers of school attendance officer
81. (1) A school attendance officer may—
(a) enter without warrant any place where children may be employed or congregated;
(b) at the request of the parent apprehend and deliver to the school from which he is absent or to his parent, without warrant, any child found illegally absent from school.
(2) A school attendance officer shall report monthly to the Supervisor concerned on the prescribed form.
(3) A school attendance officer shall perform his duties under the direction of the Supervisor or Supervisors concerned, and shall, subject to the supervision of the Supervisor carry out all instructions and directions.
Inquiry by officer and notice
(4) A school attendance officer shall inquire into every case of failure to attend school within his knowledge or when requested to do so by the Supervisor or Principal of a school, and shall give written warning of the consequences of the failure to the parent of a child who is not attending school as required, and shall also give written notice to the parent to cause the child to attend school forthwith.
Reports and information
82. (1) Every Principal of a public or private school shall—
(a) report in accordance with the Regulations to the proper school attendance officer, and in the case of a primary school also to the Supervisor concerned, the names, ages and residences of all pupils of compul- sory school age who have not attended school as required;
(b) furnish the school attendance officer with such other information as the officer requires for the enforce- ment of compulsory school attendance;
(c) report to the school attendance officer every case of suspension or expulsion.
Where no school attendance
(2) Where a child of compulsory school age has not attended school as required and there is no school attendance officer appointed for the local education district in which the child resides, the Supervisor concerned shall notify the parent of the child of the requirements of section 77.
Liability of parent
83. (1) A parent of a child of compulsory school age, who neglects or refuses to cause the child to attend school is, unless the child is legally excused from attendance, liable on summary conviction to a fine of seventy-five dollars.
Bond for Attendance
(2) The magistrate may, instead of imposing a fine, require a person convicted of an offence under subsection (1) to give a bond in the sum of three hundred dollars with one or more sureties to be approved by the magistrate, conditioned that the person shall, after the expiration of five days, cause the child to attend school as required.
Proceedings to be taken by attendance officers
84. (1) Prosecutions under section 83 may be instituted by the school attendance officer concerned.
(2) In prosecutions under section 83, a certificate as to the attendance or non-attendance at school of any child signed or purporting to be signed by the Principal of the school, is prima facie evidence of the facts stated therein without any proof of the signature or appointment of the Principal.
Proof of age
(3) Where a person is charged under section 76(7) or under section 83 in respect of a child who is alleged to be of compulsory school age and the child appears to the magistrate to be of compulsory school age, the child shall, for the purposes of such prosecution, be deemed to be of compulsory school age unless the contrary is proved.
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