Act Info:
| THE KERALA EDUCATION ACT, 1958 [1] | ||||||||||||
| (ACT 6 OF 1959) An Act to provide for the better organization and development of educational institutions in the State Preamble .- WHEREAS it is deemed necessary to provide for the better organization and development of educational institutions in the State providing a varied and comprehensive educational service throughout the State; BE it enacted in the Ninth Year of Republic of India as follows:- PART I GENERAL (2) It extends to the whole of the State of Kerala. (3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint and different dates may be appointed for different provisions of this Act. (1)"aided school" means a private school which is recognized by and is receiving aid from the Government, but, shall not include educational institutions entitled to receive grants under article 337 of the Constitution of India, except in so far as they are receiving aid in excess of the grants to which they are so entitled; [2][(1A) " District Education Authority" means district educational authority constituted under section 17.] (2)"educational agency" means any person or body of persons permitted to establish and maintain any private school under this Act; (3)"existing school" means any aided, recognized or Government school established before the commencement of this Act and continuing as such at such commencement; [3] [" (3A) "Local Authority" means a panchayat at any level constituted under section 4 of the Kerala Panchayat Raj Act, 1994 (13 of 1994), or a municipality constituted under section 4 of the Kerala Municipality Act, 1994 (20 of 1994."]; [(4) **************************] (5) "minority schools" means schools of their choice established and administered, or administered by such minorities as have the right to do so under clause (1) of article 30 of the Constitution; (6) "prescribed " means prescribed by rules made under this Act; (7) "private school" means an aided or recognized school; (8) "recognised school' means a private school recognized by the Government under this Act; (9) "school" includes the land, buildings, playgrounds and hostels of the school and the movable properties such as furniture, books, apparatus, maps and equipments pertaining to the school; (10) "State" means the State of Kerala. (2) The Government shall take, from time to time, such steps, as they may consider necessary or expendient, for the purpose of providing facilities for general education, special education and for the training of teachers. (3) The Government may, for the purpose of providing such facilities.- (a)establish and maintain schools; or (b)permit any person or body of persons to establish and maintain aided schools; or (c)recognise any school established and maintained by any person or body of persons. (4) All existing schools shall be deemed to have been established in accordance with this Act: Provided that the educational agency or an aided school existing at the commencement of this section may, at any time within one month of such commencement, after giving notice to the Government of its intention so to do, opt to run the school as a recognized school, subject to the condition that the services of the teachers and other members of the staff of the school shall not be dispensed with or their conditions of service under this management varied to their disadvantage on account of the exercise of this option. (5) After the commencement of this Act, the establishment of a new school or the opening of a higher class in any private school shall be subject to the provisions of this Act and the rules made thereunder and any school or higher class established or opened otherwise than in accordance with such provisions shall not be entitled to be recognized by the Government. 4. State Education Advisory Board.-(1) For the purpose of advising the Government on matters pertaining to educational policy and administration of the Department of Education, the Government may, by notification in the Gazette, constitute a State Educational Advisory Board, consisting of officials and non-officials. (2) The Board shall consist of a Chairman and not more than fifteen members including the Chairman. The Vice-Chancellor of the University of Kerala, the Director of Public Instruction, the Director of Technical Education and the Director of Health Services shall be ex-officio members of the Board. The other members of the Board shall be appointed by the Government. Appointment of non-official members shall be from persons who are distinguished educationists or who have rendered eminent service to education, or who have had experience in the administration of education. (3) The Government shall appoint one of the members to be the Chairman of the board. (4) The term of office of the members of the Board, other than the ex-officio members, shall be three years. (5) the Government may prescribe the procedure to be followed at the meetings of the Board, and all incidental and ancillary maters for the proper working of the Board. (6) The Board shall present annually to the Government a report as to the advice tendered to the Government on matters coming before them and the Government shall, on receipt of such report, cause a copy thereof, together with a memorandum explaining as respects the maters, if any, where the advice of the Board was not accepted, the reasons for such non-acceptance, to be laid before the Legislative Assembly. 5. Manager to send list of properties.- (1) On the first day of April each year, the manager of every aided school shall furnish to such officer as may be authorised by the Government in this behalf a statement containing a list of all movable and immovable properties of the school with such particulars as may be prescribed. (2) If the manager commits default in furnishing the statement under sub-section (1) or furnishes a statement which is false or incorrect in any material particular, the Government may withhold maintenance grant. [5]["5A. Management of Government Schools and Aided Schools taken over or acquired by Government.- The management of every Government school and that of aided school taken over or acquired by the Government under section 14 or section 15, as the case may be, shall vest as specified below in the local authority noted against each namely:-
5B. Restriction on alienation of property of Government Schools.- Notwithstanding anything contained in any law for the time being in force or in any decree, judgment or order of any court, no sale, mortgage, lease, pledge, charge or transfer of possession of any land appurtenant to a Government School vested with a local authority under section 5A shall be made and such land shall not be used for any purpose other than educational purposes: Provided that nothing contained in this section shall prohibit surrender of any such land with the permission of the Government for the purpose of widening of any road."]. 6. Restriction on alienation of property of aided school.- (1) Notwithstanding anything to the contrary contained in any law for the time being in force, no sale, mortgage, lese, pledge, charge or transfer of possession in respect of any property of an aided school shall be created or made except with the previous permission in writing of such officer not below the rank of a District Educational Officer, as may be authorised by the Government in this behalf. The officer shall grant such permission applied for unless the grant of such permission will, in his opinion, adversely affect the working of the school. (2) Any person aggrieved any an order of the officer refusing or granting permission under sub-section (1) may, in such manner and within such time as may be prescribed, appeal to the Government. (3) Any transaction made in contravention of sub-section (1) or sub-section (2) shall be null and void. (4) If any educational agency or the manager of any school acts in contravention of sub-section (1) or of an order passed under sub-section (2), the Government may withhold any grant to the school. Explanation.- All the existing managers of aided schools shall be deemed to have been appointed under this Act. (2) The manager shall be responsible for the conduct of the school in accordance with the provisions of this Act and the rules thereunder. (3) The properties of the school shall be in the possession and control of the manager who shall be responsible to maintain them in proper and good condition. (4) It shall be the duty of the manager to maintain such records and accounts of the school and in such manner as may be prescribed. (5) The manager shall be bound to afford all assistance and facilities as may be necessary or reasonably required for the inspection of the school and its records and accounts by such officer as may be authorised by the Government in this behalf. (6) No manager shall close down any school unless one year's notice, expiring with the 31 st May of any year, of his intention so to do, has been given to the officer authorised by the Government in this behalf. (7) In the event of the school being closed down or discontinued or its recognition being withdrawn the manager shall make over to the officer authorised by the Government in this behalf all the records and accounts of the school maintained under sub-section (4). (8) If any manager contravenes the provisions of sub-section (6) or wilfully contravenes the provisions of sub-section (7), he shall, on conviction, be liable to fine which may extend to two hundred rupees. (9) No court shall take congnizance of an offence punishable under sub-section (8) except with the previous sanction of the Government. 8. Recovery of amounts due from the manager.- (1) Any amount due at the commencement of this section to the Government from the manager of an aided school pursuant to any agreement, scheme or other arrangement pertaining to any aid given or grant paid by the Government may be recovered also as an arrear of land revenue under the provisions of the Revenue Recovery Act for the time being in force. (2) Where, at the commencement of this section, pursuant to any agreement, scheme or other arrangement referred to in sub-section (1), any salary or arrears of salary is payable by the manager to a teacher of the concerned aided school according to the scale prescribed by such agreement or scheme or arrangement, the District Educational Officer may, by order, direct the manager to deposit with him the amount so payable. Before passing such order the District Educational Officer shall conduct an enquiry as to the amount payable to the teacher in such manner as may be prescribed. From the order of the District Educational Officer an appeal shall lie to such officer as may be empowered by the Government in this behalf within such time and in such manner as may be prescribed. Any amount due from the manager under the orders of the District Educational Officer or, where there has been an appeal from the orders of the District Educational Officer, under the orders of the officer passing the order in appeal, shall be recoverable as an arrear of land revenue under the provisions of the Revenue Recovery Act for the time being in force. The officer may also recover such amount by setting it off against any sum due to the manager by the Government. Any amount deposited or recovered under this sub-section shall be paid to the concerned teacher. (3) All fees and other dues, other than special fees, collected from the students in an aided school after the commencement of this section shall, notwithstanding anything contained in any agreement, scheme or arrangement, be made over to the Government in such manner as may be prescribed. (2) The Government shall pay the salary of the non-teaching staff of the aided schools appointed before the 31 st May 1957 and continuing in office at the commencement of this section on the scales applicable to them immediately before the 31 st may 1957. It shall be competent for the Government to prescribe the number of persons to be appointed in the non-teaching establishment of aided schools, their salaries, qualifications and other conditions of service. The salary of the persons appointed in the non-teaching establishment in accordance with the rules so prescribed shall be paid by the Government. (3) The Government may pay to the manager a maintenance grant at such rates as may be prescribed. (4) The Government may make grants-in-aid for the purchase, improvement and repairs of any land, building or equipment of an aided school. [6]["10A.Temporary appointment of teachers.- Subject to such terms and conditions as may be prescribed by the Government, the local authority may make temporary appointment to any temporary vacancy of a teacher in any school under its management through the Employment Exchange from among persons who possess qualifications prescribed under section 10, and such appointment shall be made only upto the date of closing of the school for the annual vacation or till a regular candidate is appointed against such vacancy whichever is earlier."]. [7]["11. Appointment of teachers in aided schools.- Subject to the rules and conditions laid down by the Government teachers of aided schools shall be appointed by the managers of such schools from among persons who possess the qualifications prescribed under section 10."] [8] ["12. Conditions of service of aided school teachers.- (1) The conditions of service of teachers in aided schools, including conditions relating to pay, pension, provident fund, insurance and age of retirement, shall be such as may be prescribe by the Government. (2) No teacher of an aided school shall be dismissed, removed or reduced in rank by the manger without the previous sanction of the officer authorised by the Government in this behalf, or placed under suspension by the manager for a continuous period exceeding fifteen days without such previous sanction."]. [9]["12A. Disciplinary powers of Government over teachers of aided schools.- (1) Notwithstanding anything contained in section 11 or section 12 and subject to such rules as may be prescribed, the Government or such officer not below the rank of an Educational Officer, as may be authorised by the Government in this behalf, shall have power to take disciplinary proceedings against a teacher of an aided school and to impose upon him all or any of the penalties specified in the rules made under this Act (2) The Government or the officer authorised under sub-section (1), as the case may be, may suspend a teacher of an aided school when any disciplinary proceedings is proposed to be taken against him under that sub-section or when such disciplinary proceedings are pending: Provided that " (a) before exercising the powers under sub-section (1) the Government or the authorised officer as the case may be, may intimate the manager regarding the circumstances requiring disciplinary action against the teacher concerned and give the manger a reasonable opportunity of taking disciplinary action; and (b)if the manger fails to take appropriate action it shall be open to the Government or the authorised officer to take appropriate disciplinary action against the teacher concerned."]. 13. Absorption of teachers on retrenchment.-Where any retrenchment of teachers in any aided school is rendered necessary consequent on order of the Government relating to the course of studies or scheme of teaching or of such other matters, it shall be competent for the Government or the manger of an aided school to appoint such teachers in any Government school or aided school, as the case may be. [10][********************] 14. Taking over management schools.-(1) Whenever it appears to the Government that the manger of any aided school has neglected to perform any of the duties imposed by or under this Act or the rules made thereunder, and that in the public interest it is necessary to take over the management of the school for a period not exceeding five years, they may, after giving the manager and the Educational agency, if any, a reasonable opportunity for showing cause against the proposed action and after considering the cause, if any, shown, do so, if satisfied that such taking over for the period is necessary in the public interest. (2) In case of emergency, where the Government are satisfied that such a course is necessary in the interests of the pupils of the school, they may, without any notice under sub-section (1) to the manager or the educational agency, take over the management of any school after the publication of a notification to that effect in the Gazette. (3) Where any school has been taken over under sub-section (2), the educational agency or the manager of the school, within three months of the publication of the notification under the said sub-section, may apply to the Government for the restoration of the school showing the cause therefor, and where the Government are satisfied of the cause so shown, they shall restore the school. (5) Where any school is taken over under this section, the Government shall pay to the person or persons interested, such rent as may be fixed by the Collector having regard to the rates of rent prevailing in the locality for similar properties. Provided that where any property has been acquired, constructed, improved or maintained for the purposes of the school with the aid given or by appropriation or diversion of any grant made by the Government the rent shall be fixed by the Collector after taking into account the amount of such aid or grant. (6) Where any school is taken over under this section, the Government may run the school affording any special educational facilities which the school was affording immediately before such taking over. (7) Any person aggrieved by an order of the Collector fixing the rent under sub-section (5) may, in the prescribed manner, appeal to the District Court within whose jurisdiction the school is situate within sixty days from the date of the order and the decision of the Judge shall be final. (8) It shall also be lawful for the Government to acquire the school taken over under this section, if they are satisfied that it is necessary so to do in the public interest, in which case compensation shall be payable in accordance with the principles laid down in section 15 for payment of compensation. (9) Nothing in this section shall apply to minority schools. 15. Power to acquire any category of schools.- (1) If the Government are satisfied that for standardising general education in the State or for improving the level of literacy in any area or for more effectively managing the aided educational institutions in any area or for bringing education of any category under their direct control, in the public interest it is necessary to do so, they may, by notification in the Gazette, take over with effect from any day specified therein any category of aided schools in any specified area or areas; and such schools shall vest in the Government absolutely with effect from the day specified in such notification: Provided that no notification under this sub-section shall be issued unless the proposal for the taking over is supported by a resolution of the Legislative Assembly. (2) Where any school has vested in the Government under sub-section (1), compensation shall be paid to the persons entitled thereto on the basis of the market value thereof as on the date of the notification: Provided that where any property, movable or immovable, has been acquired, constructed or improved for the purposes of the school with the aid or grant given by the Government for such acquisition, construction or improvement, compensation payable shall be fixed after deducting from the market value the amounts of such aids or grants: Provided further that in the case of movable properties the compensation payable shall be the market value thereof on the date of the notification or the actual cost thereof less the depreciation, whichever is lower. (3) In determining the amount of compensation and its apportionment among the persons entitled thereto the Collector shall follow such procedure as may be prescribed. (4) Any person aggrieved by an order of the Collector may, in the prescribed manner, appeal to the District Court within whose jurisdiction the school is situate within sixty days of the date of such award and the decision of the judge shall be final. (5) Nothing in this section shall apply to minority schools. 16. Power of Government to exempt immovable property from being taken over or acquired.- The Government shall, while taking over the management of any school or acquiring the properties of any school under section 14 or section 15, exempt any immovable property from being so taken over or acquired, if such property is intended and it being used for any religious purpose or, if the Government are satisfied that such property, on account of its proximity to any place of religious worship, should be exempted, and thereupon no rent or compensation, as the case may be, shall be payable in respect of such property. ["17. Establishment of District Educational Authority.- (1) For the purpose of associating people with the administration of education and to preserve and stimulate local interest in education affairs, each District Planning Committee constituted under section 53 of the Kerala Municipality Act, 1994 (20 of 1994), shall establish a District Educational Authority having jurisdiction in the district. (2) The District Educational Authority shall consist of the following persons, namely:- (a)the District Panchayat President, ex-officio who shall be its chairperson; (b)the Chairperson of the standing committee for Health and Education in the District Panchayat, ex-officio; (c)one woman elected from among the members of the standing committee for Health and Education in the District Panchayat; (d)two persons elected from among the Presidents of the Village Panchayats; in the district of whom one shall be a woman; (e)the Chairpersons of the Standing Committees for Health and Education of all the Municipalities in the District; (f)the Deputy Director of Education, who shall be the ex-officio Member Secretary of the Committee; (g)one person elected from among the Headmasters of the Government High Schools in the district; (h)one person elected form among the Headmasters of the Aided High Schools in the district; (i)one person elected from among the Headmasters of Government Upper Primary and Lower Primary Schools in the district; (j)one person elected from among the Headmasters of Aided Upper Primary and Lower Primary Schools in the district; (k)two persons nominated by the Government from among educational experts; (l)two representatives of the educational agencies in the district nominated by the Government. (3) The term of office of the members other than the functionaries of the local authorities and ex-officio members shall be five years from the date of the first meeting of the District Educational Authority. (4) An out-going member shall continue in office until the election or nomination, as the case may be, of his successor. (5) The election of the members of the District Educational Authority shall be conducted in such manner as may be prescribed. (6) The term of office of a member elected or nominated to fill a casual vacancy shall be for so long only as the member whose place has been filled would have been entitled to hold office if the vacancy had not occurred. (7) It shall be lawful for the District Educational Authority to exercise its powers under this Act notwithstanding any vacancy in the Authority. (i) assess the educational needs of the district by conducting surveys or otherwise and prepare each year, schemes for the development of education and submit the same to the District Planning Committee including the necessity, if any, for opening new schools or upgrading of existing schools; (ii) supervise the implementation of the schemes related to the health and nutrition of school children; (iii) promote conferences, exhibitions or other measures calculated to create interest in education among the public; and (iv) carry out such other functions as may be prescribed or entrusted by the District Planning Committee, as the case may be. (2) The Educational Development Committee shall create an educational development fund, in such manner as may be prescribed, for the purpose of meeting the expenses that may arise in connection with the development of the school."]. PART II COMPULSORY EDUCATION (i) the areas to which the provisions of the Travancore Primary Education Act, 1121, the Cochin Free Compulsory Primary Education Act, XI of 1123 or the Madras elementary Education Act, 1920, have been brought into force; and (ii) any other area to which it may be extended by the Government by notification in the Gazette. (i) "area of compulsion" means an area to which this Part applies; (ii) "child" means a boy or girl between the ages of six and fourteen at the beginning of the academic year; (iii) "guardian" includes a parent and any person who has the actual custody of the child; (iv) "to attend a school" means to be regularly present for instruction at such school, on such days, at such time or times and for such period or periods on each day as may be prescribed by the Local Education Committee for that area with the approval of the Education Department; (v) "Local Education Committee" means the Committee constituted under section 24. (2) The Committee shall be constituted in such manner and for such period as may be prescribed. 25. Functions of Local Education Committee.- (1) It shall be the duty of the Local Education Committee to implement the provisions of this Act in regard to attendance at schools and to ensure that the employment, if any, of children does not interfere with their attendance in Government or private schools. (2) The Local Education Committee may, from time to time, delegate any of its powers and duties to any Sub-Committee or member. Such Committee or member shall conform to any instruction that may, from time to time, be given by the Local Education Committee. The Committee may at any time discontinue or alter the constitution of any Sub-Committee so formed or withdraw any of the powers or duties so delegated. 26. Obligation on guardian to send children to school.- In any area of compulsion, the guardian of every child shall, if such guardian ordinarily resides in such area, cause such child to attend a Government or private school and once a child has been so caused to attend school under this Act the child shall be compelled to complete the full course of primary education or the child shall be compelled to attend school till it reaches the age of fourteen. Explanation:- A guardian of a child, sending the child to a minority school, shall be deemed to have complied with the requirements of this section. (1) by the Government on religious grounds or on account of social customs; and (2) by the Local Education Committee- (a)when it is receiving otherwise than in a Government or private school, instruction in an educational institution approved by the Local Education Committee; or (b) when it is otherwise receiving education which in the opinion of the Local Education Committee is efficient or has received from the Local Education committee a certificate of having already completed its primary education; or (c)where it is impracticable or inexpedient that it should attend school on account of illness, disease, injury, affliction, infirmity or of any other cause regarded as sufficient by the Local Education Committee, subject to such rules as may be prescribed in this behalf; or (d)where there is no Government or private school within a distance of one mile measured along the nearest road from the residence of the child which the child can attend. 28. Warning for failure to discharge obligation and for interference.- (1) When the Local Education Committee has reason to believe that a guardian of any child to whom this Act applies and who is bound under section 26 to cause such child to attend a Government or private school has failed to do so or that any person other than the guardian is utilizing the time or services of a child in connection with any employment, whether for remuneration or not, in such a manner as to interfere with the attendance of the child at a Government or private school, it shall warn him in writing that within one week of the receipt of the warning he shall cause the child to attend school or shall refrain from utilizing the services of the child as aforesaid. (2) When a Local Education committee is satisfied that a guardian has failed to cause his child to attend school or that any person is interfering with such attendance of a child even after the warning mentioned in sub-section (1), the Local Education committee or any member authorised by the Committee shall lodge a complaint against such guardian or other person with the Magistrate having local jurisdiction (3) If the Magistrate is satisfied that the complaint is well-founded, he shall pass an order directing the guardian or other person to cause the child concerned to attend school regularly or to refrain from interfering with the attendance of the child, as the case may be, after a specified date. If the guardian or other person fails to comply with such order, he shall, on conviction, be liable to fine not exceeding five rupees for the first offence and twenty rupees for every subsequent offence. 29. Penalty for employment of children or interference with their attendance at school.- Any person other than the guardian who shall utilize the time or services of a child in connection with any employment whether for remuneration or not, in such a manner as to interfere with the attendance of the child at a Government or private school in spite of a warning given under section 28, shall be liable to fine not exceeding fifteen rupees for the first offence and not exceeding thirty rupee for each subsequent offence. 30. Noon-day, meals, clothing, etc., to poor pupils.- It shall be the duty of the [12]["local authority"] to see that noon-day means; clothing, books and writing materials are provided for poor pupils free of costs. (2) The office, books and accounts of every Local Education Committee shall be opened to inspection by the Government. PART III MISCELLANEOUS 32. Indemnity.-No suit, prosecution or other legal proceedings shall lie against the Government or any authority or any officer for anything done under this Act in good faith or for any damage caused by any action taken in good faith in carrying out the provisions of this Act or the rules thereunder. 33. Courts not to grant injunction.- Notwithstanding anything contained in the Code of Civil Procedure, 1908, or in any other law for the time being in force, no court shall grant any temporary injection or make any interim order restraining any proceedings which is being or about to be taken under this Act. 34. Delegation of powers.- It shall be lawful for the Government, by notification in the Gazette, to delegate to any officer of the [13] ["Education Department or the local authority"] all or any of the powers vested in them by this Act, except the powers under sections 14, 15 and 36 and to withdraw any power so delegated. ["34A. Drinking water and toilet facilities in schools.- (1) The manager of every aided school or recognised school shall arrange adequate toilet and drinking water facilities in the schools and furnish a report to the Secretary of the local authority on such arrangements before the beginning of each academic year. (2) On receipt of a report under sub-section (1), the Secretary of the local authority or the officer authorised by him in this behalf shall inspect and certify the adequacy of the arrangements made by the manager under that sub-section. (3) The local authority shall arrange adequate toilet and drinking water facilities in the schools the management of which are vested in it under section 7A."] 36. Power to make rules.- (1) The Government may make rules for the purpose of carrying into effect the provisions of this Act [15][either prospectively or retrospectively]. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for- (a)the establishment and maintenance of schools; (b)the giving of grants and aid to private schools; (c)the grant of recognition to private schools; (d)the levy and collection of fees in aided schools; (e)regulating the rates of fees in recognised schools; [16]["(ee) regulating admissions to schools maintained by the Government or receiving aid out of State funds, by making special provisions for the advancement of socially and Educationally backward classes of citizens and the Scheduled Castes and Scheduled Tribes;"] (f) the manner in which accounts, registers and records shall be maintained in schools, and the authority responsible for such maintenance; (g)the submission of returns, statements, reports and accounts by managers of schools; (h)the inspection of schools and this officers by whom inspection shall be made; (i)the mode of keeping and the auditing of accounts of schools; (j)the mode of ascertaining the value of the schools for payment of compensation incases of taking over or acquisition; (k) the standards of education and courses of study; (l) the working of Local Education Authorities; and 37. Rules to be laid before the Legislative Assembly.-All rules made under this Act shall be laid for not less than fourteen days before the Legislative Assembly as soon as possible after they are made and shall be subject to such modifications as the Legislative Assembly may make during the session in which they are so laid. 39. Repeal.- The Travancore Primary Education Act, 1121, the Cochin Free Compulsory Primary Education Act, XI of 1123 and the Madras Elementary Education Act, 1920 as in force in the Malabar district referred to in sub-section (2) of section 5 of the States Reorganization Act, 1956 (Central Act 37 of 1956), are hereby repealed. | ||||||||||||
| Kerala State Acts |