THE KERALA EDUCATION BILL,
Report of the Select
1. The Select Committee
to which the Kerala Education Bill was referred has considered
the Bill clause by clause and now submits this, their
Report with the Bill as reported by the Committee annexed
2. The Bill was published in the Gazette Extraordinary
dated the 7th July 1957.
3. The Bill was introduced in the Legislative Assembly
on the 13th July 1957 and the motion for reference to
Select Committee for report within three weeks was adopted
on 20th July 1957. The Assembly on a motion made extended
the time for the making of the report till the 24th August
4. The Committee held eleven sittings of which three were
at Alwaye and the rest at Trivandrum. The three sittings
at Alwaye and two sittings at Trivandrum were entirely
devoted to the taking of evidence from representatives
of Educational organizations, institutions and individuals
Clause 1. The Committee considers that it may not be possible
to bring all the provisions of the Act into force on the
same date. Hence a provision enabling different provisions
of the Act being brought into force on different dates
has been made.
Clause 3. The Committee considered that from a drafting
point of view the sub-clauses may be re-arranged and some
verbal amendments effected. The clause has been modified
Clause 4. The Committee considers that the constitution
of the State Education Advisory Board should be laid down
in more detail. The Vice-Chancellor of the University
of Kerala, the Director of Public Instruction and Director
of Health Services should ex officio be members of the
Board. The Committee is also of the opinion that the Board
should present an annual report to the Government and
that the Government shall cause such report to be laid
before the Legislative Assembly. The clause has been re-drafted
Original Clause 5 of the Bill empowered Government to
regulate and control the establishment, management, etc.,
of aided schools. Since necessary provisions in this regard
are contained in the other clauses of the Bill the Committee
is of the view that this clause is unnecessary. This clause
has accordingly been omitted and the subsequent clauses
Clause 5 (original clause 6). Under the original clause,
if a manager of an aided school commit default in furnishing
the statement of properties, etc., of schools, he will
be liable to fine and in the case of furnishing false
statements, to imprisonment also. The Committee is of
the view that instead of providing such punishment it
would be sufficient to empower the Government to withhold
any grant or aid to the school in such cases. Suitable
modifications have been effected in the clause.
Clause 6 (original clause 7). This clause prohibits the
alienation of properties of an aided school by the Manager
without the permission of the prescribed authority. Since
the object of this provision is to safeguard the interests
of the working of the school, the Committee are of opinion
that a provision may be added to the effect that such
permission shall ordinarily be granted unless it would
adversely affect the working of the school. The authority
to grant such permission should also be an officer not
below the rank of a District Educational Officer.
The Committee are also of opinion that instead of providing
for the punishment of fine and imprisonment for alienation
of properties in contravention of the provisions of the
clause it would be sufficient to make provision for withholding
of grants or aids in such cases.
Necessary changes have been made in the clause for the
Clause 7 (original clause 8). Under the original sub clause
(4) the Manager was to maintain the records of the schools.
Since some of the records of the schools would have to
maintain by the Headmaster, the Manager should maintain
only such records and accounts as may be prescribed by
Sub-clause (6) prohibits a Manager from closing a school
except in the manner prescribed. The Committee feels that
provision should be made to enable the Manager to close
down the school, provided he gives one year’s notice
of his intention before doing so.
The Committee are also of the view that the punishment
provided under sub-clause (8) should not be applicable
to contravention of the provisions of sub-clause (5) and
that contravention of the provision of sub-clause (7)
(namely, failure to hand over the records of the school
in the event of the school being closed down etc.) should
be punishable only if the contravention is willful. The
penalty for continuing offences should also be omitted.
The clause has been amended for the above purposes.
Original Clause 9. This clause related to cognizance of
offences under clauses 6, 7 and 8. Since the penalties
provided under original clauses 6 and 7 have been omitted
by Committee this provision will have application only
with regard to clause 8 (new clause 7). Hence clause 9
has been omitted and suitable provision included as sub-clause
(9) of the new clause 7.
Clause 8. (Original clause 10). Sub-clause (20 of this
clause provides for the recovery under the provisions
of the Revenue Recovery Act of amounts due to the teacher
from the Managers of aided schools under certain agreements,
schemes or arrangements. The Committee considers that
this mode of recovery should be applicable only if such
amounts are found due after an enquiry by the District
Educational Officer. They also consider that provision
should be made for an appeal from the orders of the District
Educational Officer. The clause has been modified including
a provision for the above purposes.
Clause 9. (original clause 11). The Committee considers
that provision should be made for the payment of the salary
of the non-teaching staff of aided schools by the Government.
A provision for this purpose has been included in the
Clause 10. (original clause 12). The original clause provided
for the maintenance of a State Register of teachers containing
the names of all persons eligible for appointment as teachers.
In view of the change The Committee purpose to the original
clause 13 in respect of appointment of teachers in aided
schools it is considered that the maintenance of such
a register is unnecessary. It will however, be necessary
to prescribe the qualifications to be possessed by persons
for appointment as teachers. The clause has been substituted
by a new clause for this purpose.
Clause 11. (Original clause 13). The original clause provided
that all teachers in aided schools shall be appointed
only from the panel of names given to the Manager by the
prescribed authority. The Committee consider that instead
of asking the Manager to select teachers from a panel
of names given to him it would be better if the Public
Service Commission selects candidates for appointment
as teachers both in Government and aided schools and permitting
the Manager to appoint any person form the list of candidates
so selected. The Committee is of the view that this method
will ensure the best hands available being recruited as
teachers and at the same time give sufficient freedom
to the Managers in the matter of appointment of teachers.
Clause 12. (original clause 14). The original clause provided
for the extension to the teachers of aided schools any
scheme relating to pension, provident fund and insurance
applicable to teachers of Government schools. The Committee
feels that the act should provide that the scales of pay
applicable to teachers of Government and aided schools
should be the same and that the other conditions of service
should also be laid down more clearly. They also think
teachers of aided schools shall not be dismissed, reduced
in rank or suspended without the permission of the officer
authorised by the Government in that behalf. The clause
has been re-drafted accordingly.
Clause 13. (original clause 15). The Committee consider
that in cases of retrenchment of teachers in aided school
in the circumstances contemplated under this clause it
is enough to provide that the Government of the manager
of the aided school may appoint the teachers so retrenched
in the Government school or aided school, as the case
may be, notwithstanding the fact that the names of such
teachers are not included in the list of candidates selected
by the Public Service Commission. The clause has been
Clause 14. (original clause 16). The Committee thinks
that before taking over the management of an aided school
notice to show cause should be given not only to the manager
but also to the Educational agency. The Committee also
thinks the power in cases of emergency under sub-clause
(2) should be resorted to only when such a course is necessary
in the interests of the pupils of the school.
The clause has been modified for these purposes.
Clause 15. (original clause 17). The Committee feel that
the power to take over any categories of aided school
in specified areas should be exercised only when the proposal
is supported by the Legislative Assembly by a resolution.
A provision to this effect has been included in this clause.
Clause 16. The Committee consider that in taking over
or acquiring schools under clause 14 or clause 15 any
immovable property which is intended and is being used
for any religious purpose or which on account of its proximity
to any place of religious worship should be exempted,
should not be taken over or acquired. A new provision
for exempting such property has been included.
Clause 17 and 18. (original clause). The Committee considers
that the constitution and functions of the Local Educational
Authorities should be laid down more precisely in the
Act itself. Clause 17 and 18 provide for these matters.
Clause 19. The Committee are of opinion that certain provisions
of section 7 alone should be applicable to recognised
schools. The reference to other sections ha accordingly
Clause 20. Sub-clause (1) of original clause 20 has provided
that no fee shall be charged from students in the primary
classes. This provision will apply only in areas where
primary education is compulsory. The Committee feel that
the exemption from fees in primary classes should be applicable
throughout the State. Accordingly a new clause for this
purpose has been included and sub-clause (1) of the original
clause 28 omitted.
Clause 22. (original clause 21). The Committee is of the
view that the age of children who are to be compelled
to attend school should be specified in the Act itself.
Accordingly the words “between the ages………of
six and fourteen” have been substituted for “between
such ages as may be prescribed.”
Clause 23. The Committee feels that the Government should
provide for compulsory education of children throughout
the State within a period of ten years from the commencement
of the Act. A new provision to this effect has been included.
Clause 30.(original clause 28). Sub-clause (1) has been
omitted for the reasons explained in the note on clause
20. The Committee has modified the provisions of sub-clause
(2) so that it should be the duty of the Government to
see that noon-day meals, clothing, books, etc., are provided
for poor pupils free of cost.
Clause 34. (original clause 32). The Committee feels that
the powers of the Government should not be delegated to
the Local Educational Authorities. The clause has been
modified for this purpose.
Clause 38. The Committee feel that it may be made clear
that nothing in the Act shall affect the rights of minorities
under article 30 or the rights of Anglo-Indian Community
under Article 337 of the Constitution and that the provisions
of the Act will not apply to schools other than Government
and private schools. A saving provision has accordingly
The other changes made by the Committee are only either
verbal or consequential. Joseph Mundassery,
Chairman of the Select Committee.