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PART 1.
GENERAL.


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 Act.
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 17;
(5) “Prescribed” means prescribed by rules mad under this Act;
(6) “Private school” means an aided or recognized school;
(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 private schools.
(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 facilities:-
(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 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 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 under sub-section.
(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 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 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 school.
(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 private schools.
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 schools-
(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 interest.
(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 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 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 such notification.
(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 themselves;
(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; and
(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.