1. 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 and different
dates may be appointed for different provisions of this
2. Definitions-In this Act, unless the context otherwise
(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
(5) “Prescribed” means prescribed by rules
mad under this Act;
(6) “Private school” means an aided or recognized
(7) “Recognized school” means a private school
recognized by the Government under this Act.
(8) “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;
(9) “State” means the State of Kerala.
3. Establishment and recognition of schools.- (1) The
Government may regulate the primary and other stages of
education and courses of instructions in Government and
(2) 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.
(3) The Government may, for the purpose of providing such
(a) establish and maintain schools; or
(b) permit any person or body of persons to establish
and maintain aided schools; or
(c) recognize 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 of 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 the 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 tot the provisions of
this Act and the rules made there under 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 Education Advisory Board, consisting of 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 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
matters for the proper working of the Board.
(6) The Board shall present annually to the Government
a report as to the advise 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 matters,
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 authorized 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 any grant or aid to the school.
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,
lease, pledge, charge of 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 authorized 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 by 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 or aid to the school.
7. 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 approval of such officer
as may be authorized by the Government 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.
(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 authorized by the Government
in this behalf.
(6) No Manager shall close down any school unless one
year’s notice, expiring with the 31st May of any
year, of his intention so to do, has been given to the
officer authorized 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 authorized by the Government in this
behalf all the records and accounts of the school maintained
(8) If any Manager contravenes the provisions of sub-section
(6) or willfully 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 cognizance 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
amounts 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
(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 prescribe. 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. 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.
9. Salary of teachers, etc., and grants to aided schools.-
(1) The Government shall pay the salary of all teachers
in aided schools direct or through the Headmaster of the
(2) The Government shall pay the salary of the non-teaching
staff of the aided schools appointed before the 31st May
1957 and continuing in office at the commencement of this
section on the scales applicable to them immediately before
31st 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 buy the Government.
(3) The Government may pay to the Manager a maintenance
grant at such rates as 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.
10. Qualifications for appointment as teachers.- The Government
shall prescribe the qualifications to be possessed by
persons for appointment as teachers in Government and
11. Appointment of teachers in Government and Aided schools.-
(1) The Public Service Commission shall select candidates
for appointment as teachers in Government and aided schools.
Before the 31st May of each year, the Public Service Commission
shall select candidates with due regard to the probable
number of vacancies of teachers that may arise in the
course of the year. The candidates shall be selected for
each district separately and the list of candidates so
selected shall be published in the Gazette. Teachers of
aided schools shall be appointed by the manager only from
the candidates so selected for the district in which the
schools is located, provided that the manager may, for
sufficient reason, with the permission of the Public Service
Commission, appoint teachers selected for any other district.
Appointment of teachers in Government schools shall also
be made from the list of candidates so published.
(2) In selecting candidates under sub-section (1) the
Public Service Commission shall have regard to the provisions
made by the Government under clause (4) of Article 16
of the Constitution.
12. Conditions of service of aided school teachers.- (1)
The conditions of service relating to scales of pay applicable
to teachers of Government schools shall apply to all teachers
of aided schools whether appointed before or after the
commencement of this section.
(2) The conditions of service relating to pension, provident
fund, insurance and age of retirement applicable to teachers
of Government schools shall apply to teachers of aided
(i) who are appointed under Section 11 after the commencement
of this section; and
(ii) who have been appointed before the commencement of
this section, but who have expressed in writing their
willingness to be governed by such conditions, within
one year from such commencement.
(3) The Government shall extend to the teachers of aided
schools who have been appointed before the commencement
of this section and who have not expressed their willingness
under clause (ii) of sub-section (2) within the time specified
therefore the conditions of service relating to pension,
provident fund, insurance and age of retirement applicable
to teachers of Government schools with such modifications
as the Government may deem fit.
(4) No teacher of an aided school shall be dismissed,
removed, reduced in rank or suspended by the manager without
the previous sanction of the officer authorized by the
Government in this behalf.
(5) Subject to the provisions of sub-sections (1), (2),
(3) and (4) the conditions of service of teachers of aided
schools shall be such as may be prescribed.
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 Manager of an aided school to appoint such teachers
in any Government school or aided school, as the case
may be, notwithstanding the fact that they are not included
in the list of candidates selected by the Public Service
Commission under section 11.
14. 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 mad there under, 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 any, 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
(2) In cases 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 therefore,
and where the Government are satisfies of the cause so
shown, they shall restore the school.
(4) 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.
(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
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 be fore 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 compensation.
15. Power to acquire any category of schools.- (1) If
the Government are satisfied that for standardizing 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 amount of such aids or grants:
Provided further that in the case of movable properties
in 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.
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 is
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 Local Educational Authorities.- (1)
For the purpose of associating people with the administration
of education and to preserve and stimulate local interest
in educational affairs, the Government may, by notification
in the Gazette, establish Local Educational Authorities
to exercise jurisdiction in any local area specified in
(2) Each Local Educational Authority shall consist of
the following seven members:-
(a) the District Educational Officer having jurisdiction
in the local area-ex officio member;
(b) one member elected by the managers of aided schools
in the local area from among themselves;
(c) one member elected by the graduate teachers of Government
and aided schools in the local area from among themselves;
(d) one member elected by the non-graduate teachers of
Government and aided schools in the local area from among
(e) one member elected by the Panchayats and Municipal
Councils or Corporation in the local area and
(f) two members, being persons who have experience in
education, nominated by the Government.
(3) The Government shall nominate one of the members to
be the President of the Local Educational Authority.
(4) The term of office of the members other than the ex
officio member shall be three years commencing from the
date on which the first meeting of the Local Educational
Authority is held
(5) An outgoing member shall continue in office until
the election or nomination as the case may be of his successor.
(6) The election of members to the Local Educational Authority
shall be conducted in such manner as may be prescribed.
(1) Any person elected or nominated to fill a vacancy
occurring in the office of a member previous to the expiry
of his term of office shall hold office only so long as
the member in whose vacancy he is elected or nominated
would have held office if the vacancy had not occurred.
(8) It shall be lawful
for the Local Educational Authority to exercise its power
under this Act not withstanding any vacancy in the Authority.”
18. Functions of the Local Educational Authority.- The
Local Educational Authority shall—
(i) assess the educational needs of the local area and
prepare each year schemes for the development of the education
and submit same to the Government;
(ii) Supervise the implementation of the scheme of noon-day
feeding of school children;
(iii) Promote conferences, exhibitions or other measures
calculated to create among the public an interest in education;
(iv) Carry out such other functions as may be prescribed.
19. Recognised schools.- The provisions of sub-sections
(2), (4), (5), (6), (7), (8) and (9) of section 7 shall
apply to recognized schools to the same extent and in
the same manner as they apply to aided school.
20. No fee to be charged from pupils of primary classes
– No fee shall be payable by any pupil for any tuition
in the primary classes in any Government or Private School.