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PART I

General.
Short title, extent and commencement.
(1) This Act may be called the Kerala Education Act, 1957.
(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.

2. Definitions.-In this Act, unless the context otherwise requires,-
(1) “Aided School” means a private school which is recognized by and is receiving aid from the Government;
(2) “Educational Agency” means any person or body of persons permitted to establish and maintain any aided 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;
(4) “Local Educational Authority” means the authority constituted by the Government under section 18;
(5) “Prescribed” means prescribed by rules made under this Act;
(6) :Private school” means aided or recognized school;
(7) “Recognised school” means a private school recognized by the Government under this Act and the rules thereunder, which is not an aided school;
(8) “School” includes the land and buildings of the school, the playgrounds, hostels and other residential houses attached or appurtenant to it and the movable properties such as furniture, books, apparatus, maps and equipment pertaining to the school;
(9) “State” means the State of Kerala.

3. Establishment of Schools and registration of Institutions.-
(1) The Government shall take, from time to time, such steps as they may consider necessary or expedient, for the purpose of providing facilities for general education, special education and for the training of teachers.
(2) The Government may, for the purpose of providing such facilities,-
(a) establish and maintain schools ; or
(b) permit any educational agency to establish and maintain aided schools; or
(c) recognize any school established and maintained by any other agency.
(3) All existing schools shall be deemed to have been established in accordance with this Act and the rules made there under.
(4) After the commencement of this Act, the establishment of new school or the opening of a higher class in any private school shall be subject to the provision 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 recognised by the Government.
(5) The Government may regulate the primary and other stages of education and courses of instructions in school.

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 Education Advisory Board, consisting of officials and non official.
(2) The Board shall consist of not more than 19 members.
(3) The Government may prescribe the Qualifications for appointment as members of the Board, the procedure to be followed in the meeting of the Board, and all incidental and ancillary matters for the proper working of the board.

5. Aided Schools established and maintained by Educational Agencies.-Not withstanding anything to the contrary contained in any other law or contract for the time being in force, it shall be lawful for the Government to regulate and control, from time to time, the establishment, management and maintenance of aided schools.

6. Manager to send list of properties
(1) Within three months of the commencement of this Act or within such longer periods as the Government may by general or special order allow, the manager of every aided school shall furniture to such authority as may be prescribed, a statement containing a list of all movable and immovable properties attached or appurtenant to the school with such other particulars as may be prescribed.
(2) Whoever commits default in furnishing the statement under sub-section (1) shall on conviction be liable to a fine not exceeding two hundred rupees and in case the default continues for more than one month after such conviction, with further fine which may extend to one hundred rupees for every week or part thereof during which such default continues.
(3) Whoever furnishes a statement under sub-section (1) which is false or incorrect in any material particular, shall on conviction be punishable with imprisonment for a term which may extend to one year or with fine which ay extend to one thousand rupees or with both.

7. Restriction on alienation of school.- (1) Notwithstanding anything to the contrary contained in any law for the time being in force, no sale, mortgage, lease, pledge, charge or transfer of possession in respect of any properly attached or appurtenant to an aided school shall be created or made, expect with the previous permission in writing of such authority as may be authorized by the Government in this behalf.
(2) Any person aggrieved by an order of the authorized authority refusing or granting permission under sub-section (1) may, in such manner and within such time as may be prescribed, appeal to the Government. The order of the Government on such appeal shall be final.
(3) Any transaction made in contravention of sub-section (1) or sub-section (2) shall be null and void.
(4) Any person who acts in contravention of sub-section (1) or sub-section (2) shall on conviction be liable for imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

8. Managers of schools.-(1) Any Educational agency may appoint any person to be the Manager of an aided school under this act, subject to the prior approval of such authority as may be prescribed in this behalf.
(2).The Manager shall be responsible for the conduct of the school in accordance with the provisions of this Act and the rules there under and subject to such directions and orders issued from time to time by such authority as may be prescribed.
(3)The properties of the school shall be in the custody 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 the records of the school correctly and properly in accordance with such rules, instruction and directions as may be issued from time to time.
5)The Manager shall be bound to obey all lawful orders issued under the provisions of this Act and the rules thereunder by the Government or by such other authority as may be empowered, and shall also 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 any officer.
(6)No Manager shall close down any school expect in the manner prescribed.
(7)In the event of the school being closed down or discontinued or its recognition being with drawn the Manager shall make over to such authority as may be prescribed in this behalf all the records and the accounts of the school.
(8)If any Manager contravenes the provision of sub-section (5) or sub-section (6) or sub-section (7), he shall, on conviction, be liable to fine which may extend to two hundred rupees; and in case the contravention continues for more than one month after such conviction, with further fine which may extend to one hundred rupees for every week or part thereof during which the default continues.

9.Cognisance of offence.-No court shall take cognisance of an offence punishable under sub-section (2) or sub-section (3) of section 6, or sub-section (4) of section 7, or sub-section (8) of section 8 expect with the previous sanction in writing of, or on the complaint of such officer or officers as may be authorized by, Government in this behalf.

10. Recovery of amounts due from the Manager.-(1) Any amounts due at the commencement of this Act 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 also be recovered 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 Act pursuant to any agreement, scheme or other arrangement referred to in sub-section (1), any salary of arrears of salary is payable by the Manager to a teacher of the concerned aided school according to the scale prescribed by such arrangement or scheme or arrangement , it shall be lawful for the Government to recover such salary or arrear of salary as an arrear of land revenue under the provision of the Revenue Recovery Act for the time being in force and pay such salary or arrear of salary to the concerned teacher.
(3) All fees and other dues collected from the students in an aided school after the commencement of this Act, or such portion thereof as may be prescribed, shall, notwithstanding anything contained in any agreement, scheme or arrangement, be made over to the Government in such manner as may be prescribed.

11. Grants to aided schools.-(1) The Government shall pay the salary of all teachers in aided schools direct or in such manner as may be prescribed.
(2) The Government may pay to the Manager a maintenance grant at such rates may be fixed from time to time.
(3) The Government may make grants-in-aid for the purchase, improvement and repairs of any land, building, or equipment of an aided school.

12. State Register of teachers.-(1) The Government shall maintain a State Register in which the names of such persons who are eligible for appointment as teachers shall be registered.
(2) All persons employed as teachers in the existing schools shall be deemed to be registered in the State Register.
(3) The Government may prescribe the qualification of persons for registration as teachers in the State Register and the procedure therefore.
(4) The State Register shall be maintained by such authority and in such manner as may be prescribed.
(5) No person who is not registered or deemed to be registered in State Register shall be eligible for appointment as teacher in any Government of private school in the State.

13. Appointment of teachers in aided schools
.-All teachers in aided schools shall be appointed by the Manager and only from the panel of names given to him in the manner prescribed by the prescribed authority.

14. Pension and other benefits to aided school teachers.-(1) The Government may by notification in the Gazette extend to the teachers employed in aided schools any scheme relating to pension, provident fund and insurance applicable to teachers employed under the Government , subject to such conditions and with such modifications as may be deemed fit.
(2) The management shall not be liable to contribute any amount towards such schemes.

15. Absorption of teachers on retrenchment.-Where any retrenchment of teachers in any aided school is rendered necessary consequent on orders of the Government relating to the course of studies, or scheme of teaching or of such other matters, the prescribed authority may direct the Manager of any other aided school to appoint such teachers in suitable vacancies occurring in the school and the Manager shall be bound to comply with such directions.

16. Taking over management of schools.-(1) Whenever it appears to the Government that the Manager 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 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 cases of emergency, where the Government are satisfied that such a course is necessary, they may without any notice under sub-section (1) to the Manager, take over the management of that effect in the Gazette.
(3) The Government may also make such further orders as may appear to them to be necessary or expedient in connection with the taking over of the management of any aided school under this section.
(4) 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.
(5) Any person aggrieved by an order of the District Collector fixing the rent under sub-section (4) 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.
(6) 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 17 for payment of compensation.

17. 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:
(2) where any school has vested in the Government under section (1), compensation shall be paid to the persons entitled there to on the basis of the market value thereof as on the date of the notification:
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 compensation payable shall be fixed after deducting from the market value amounts of such aids of 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) The amount of compensation and its apportionment among the persons entitled thereto shall be determined by the District Collector in accordance with such rules as may be prescribed.
(4) Any person aggrieved by an order of the District 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.

18. Creation of Local Education Authorities.-(1) For the purpose of associating people with the administration of education to preserve and stimulate local interest in educational affairs, the Government may by notification in the Gazette establish Local Educational Authorities in the State exercising jurisdiction in any local area or areas to be specified in such notification.
(2) The Government may direct that the administration of education may be carried on by Local Educational Authorities, while inspection, control and supervision of schools may be by the Education Department of the State.
(3) The constitution of the Local Educational Authority in any area and entrustment of the administration of education in that area to such authority shall not affect or prejudice the rights, privileges, liabilities and obligations of teachers in schools in that area.

19. Recognised Schools
.-The provisions of sections 5, 6, 7, 8, 9, 16 and 17 shall apply to recognized schools to the same extent and in the same manner as they apply to aided schools.