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 the 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 forces, no court shall grant any Permanent or tem [...]
21. Application of the part.-This Part shall apply to- (i) the area to which the provisions of the Travancore Primary Education Act, 1121, the Cochin Free Compulsory Primary Education Act, IX 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. 22. Definitions.-In this Part, unless the context otherwise requires,- (i) “area of compulsion” means an area to which thi [...]
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 Governm [...]
THE KERALA EDUCATION BILL, 1957. (As reported by the Select Committee) A Bill to provide for the better organistion and development of educational institutions in the State. Preamble.-Whereas it is deemed necessary to provide for the better organisation and development of educational institutions in the State providing a varied and comprehensive educational service throughout the State; Be it enacted in the Eighth Year of the Republic of India as follows:- PART 1 -PART 2- PART-3
Functions of the Local Educational Authority Clause 18, sub-clause (iv) – No other functions should be prescribed to the authority than three functions mentioned. P.M.Kunhi Raman Nambiar, Member, Select Committee.
Dissenting Note by P.M.Kunhi Raman Nambiar. Appointment of teachers in Government and aided Schools 1. The teachers must be recruited through the agency of the Public Service Commission and on their advice. 2. Appointment from list relating to other districts can be made only if suitable candidates are not available in the same district. 3. Appointment from any subsequent list can be made only after exhausting the earlier list. 4. There should be no disability of age, if the candidate had underg [...]
Dissenting Note By A.Thanu Pillai. As for appointment of teachers it is really as much an economic question as an Educational one. The provision in the Act should be to provide for all the qualified applicants i.e., trained teachers. We object to the District list. It should be a State list. The whole State should be available as a field of employment for all citizens of the State. Clause 17.- I am against the establishment of Local Educational authorities. They will be productive of little good [...]
DISSENTING NOTE. Appointment of teachers in aided schools. Clause 11 of the Bill as amended by the Select Committee provides for the appointment of teachers both in Government and aided schools. The provision that the teachers of aided schools shall only be appointed from candidates selected by the Public Service Commission for the district in which the school is located seems to be unconstitutional. It also restricts the freedom of the management to a great extent. All persons having the prescr [...]
DISSENTING MINUTES OF C.H.MOHAMMED KOYA I set forth the following points whereon I differ from the majority report. 11. Appointment of teachers in Government and aided schools._ Under clause 11, the appointment of teachers is to be made from a list published by the Service Commission. The candidates shall be selected for each district separately and list of candidates so selected shall be published in the Gazette. In my opinion there must be one list for the whole State which contains the names [...]
THE KERALA EDUCATION BILL, 1957 Report of the Select Committee. 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 thereto. 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 thre [...]