THE KERALA EDUCATION ACT, and THE KERALA EDUCATION RULES, 1959

Transcription

1 THE KERALA EDUCATION ACT, 1958 and THE KERALA EDUCATION RULES, 1959 FOURTH EDITION (Embodying corrections upto 31 st December 2010 Issued by the Authority of the Government of Kerala GENERAL EDUCATION DEPARTMENT

2 FOREWORD The Kerala Education Act of 1958 was a unique legislation, the impact of which reverberated throughout the social life of the then nascent State. The aided schools were brought within the statutory ambit of the Department. Rules regarding opening of new schools, appointment of new teachers and their qualification at large monitoring of various activities of schools, facilities to be made available to the students, responsibilities of various functionaries of schools etc. were framed. The Act and the Rules are thus deeply entwined with the contemporary history of State of Kerala. It is acclaimed as a model law even now by other States of the Country. The third edition of the Act and Rules were published way back in Hence, Government has been toying with the idea of publishing an updated version of the same for a long time. Between 1987 and 2010 hundreds of amendments have been made compelling their codification. The General Education Department rose to the occasion and took pains to publish this 4 th edition incorporating all the amendments issued up to 31 st December I am happy to acknowledge the services of Sri. T.J. Sathish Chandran (Retired Administrative Assistant), Directorate of Public Instruction), Sri. P.T. Thomas, Deputy Secretary and Sri. D. John, Section Officer who have done a commendable job for codifying and updating the Act and Rules in a record time. I hope that this new authentic edition will be received with enthusiasm by the educational administrators, legal functionaries and the teaching community. Thiruvananthapuram 27/02/2011 M.A. BABY MINISTER (Education & Culture)

3 PREFACE The necessity for publishing an updated edition of the compendium of Kerala Education Act and Rules has been receiving the attention of Government since long. The previous edition was published before 23 years. So many amendments have been made during the pretty long interregnum. The present edition is authoritative and updated containing amendments upto 31/12/2010. It will be uploaded in the Government web portal and department website, school. Amendments as and when made will also be updated in that website so that the latest position could be gathered in the finger tips. I hope this edition will be widely received by the officers of the General Education Department and others. Thiruvananthapuram 15/03/2011 JAMES VARGHESE Principal Secretary General Education Department

4 CONTENTS CHAPTERS THE KERALA EDUCATION ACT THE KERALA EDUCATION RULES I Preliminary 1 II Classification of schools 3 III Management of Private Schools 6 IV Establishment and Maintenance of Schools 12 V Opening and Recognition of Schools 25 VI Admission, Transfer and Removal of pupils 43 VII Attendance, Holidays and Vacation 58 VIII Organisation of Instruction and Progress of Pupils 63 IX Discipline 73 X Properties of Aided Schools 79 XI Conduct of Enquiries Regarding Arrears of Salary 80 XII Levy and Collection of fees in Schools 82 XIII General Rules Relating to the conduct of teachers 88 XIV- A Conditions of Service of Aided School Teachers 89 XIV (AA) Conditions of service of Teaching and Non teaching staff of Recognized unaided Schools XIV B Conduct Rules 142 XIV C Conduct Rules 144 XV Inspection of Schools 162 XVI Education Advisory Board 167 XVII Election of members to the Local Educational Authorities 169 XVIII Rules for the working of the Local Educational Authorities 176 XIX Constitution and Functioning of the Local Education Committees XX Taking over of management of schools or acquisition of schools 182 XXI Recruitment of Teacher to Aided Schools 188 XXII Transitional Provision 189 XXIII Fixation of strength of Teachers in Departmental and Aided Schools XXIV A Non- teaching staff of Aided Schools 212 XXIV B Do. 218 Page I-XIX

5 XXV Admission to Teachers Training Schools 221 XXVI Scales of pay of Aided School Teachers 230 XXVII A Pension, Provident Fund and Insurance for Aided School Teachers XXVII B Do 241 XXVIII Payment of maintenance grant to Aided schools 243 XXIX Provident Fund for Aided School Teachers 250 XXX Kerala Aided School Employees' Provident Fund 270 XXXI Qualifications of Private School Teachers 333 XXXII Method of appointment and qualification of Teachers and Non Teaching staff in aided Higher Secondary Schools FORMS 369 INDEX

6 1 INDEX K.E. Act K.E. Rules Section Chapter Rule Absence Ch XIVA R 56A Absorption of Sec 13 Academic year Ch VII R 2A A.C.C. Ch II R5 Ch VIII R10 Accommodation Ch IV R5 Ch XXIII R 12 Accounts Officer Ch XXX R 2 (a) Acquisition of School Sec 15 Ch XX R 6 Act Ch 1 R 2 Action against Manager Ch III R 7 Admission Ch VI R 1 R 4 Admission Fee Ch XII R 2 Admission Register Ch VI R 2 Admission to duty Ch XIV (A) R 15 Advance grant (M.G.) Ch XXVIII R 6 Advance P.F. Ch XXX R 15 R 40 A.E.O. Ch XV R 2 Age limit Ch VI R 5 R 9 Ch XXIV (A) R 2 (2) Ch XXXII R 8 Aggrieved person Aided School Sec 2 Alienation of property, restriction Sec 5B Alienation of property Sec 5 Aided, Higher Secondary School Ch XXXII Alteration of building Ch IV R 5 Note 2 Date of birth Ch VI R 3 name Ch VI R 3 promotion list Ch VIII R 13 (8) religion Ch VI R 3 Amendment Annual Inspection Ch XV R 17 Annual sports Annual verification S.B. Ch XIV (A) R 30 Appeals Ch V R 12 Ch V R 3 A

7 2 Ch V R 23 B Ch XI R 7 Ch XIV (A) R 79 Ch XIV (A) R 8 (5) Ch XIV A R 64 Ch XX R 17 Ch XXIII R 12 D Ch XXVIII R 5B Ch XXVI R 1A (3) Appliances Ch IV R 13 Application fee Ch V R 5 Application for opening new schools Ch V R 2A recognition Ch V R 16 (a) Appointment Sec II Ch XIV (A) R 1 Ch XIV (A) R 44 (1) Approval of appointment of Manager Ch III R 4 of teacher Ch XIV (A) R 7 Area of compulsion Sec 22 (i) Area of new school Ch V R 2 Arrear salary Ch XI R 1 Assent Attachment Attendance Sec 27 Ch VII R 7 Condonation Ch VII R 9 (1) Exemption Sec 27 Minimum Ch. VII R 7 Attendance Register Ch VII R 6 Audio Visual Ch XII R 1 R11 Authorised Officer Ban on creation of Specialist post Ch XXIII R 2 R 6B Bifurcation of Schools Ch V R 23 C Bigamous Marriage Ch XIV C R 63 Bogus admission Ch XXIII R 15 Borrowing money Ch XIV C R 14 Boys school Ch VI R 12 Boys service Ch XXVI R 1 (2) Branch school Broadcast XIV C R 55 Building Ch IV R 4 Burial place Ch IV R 4 Bye-laws of Management Ch IV R 3(b) (iii)

8 3 Calendar Ch VII R 5 Casual leave Ch XIV A R 57 Censure Ch XIV A R 57 Change of Management Ch III R 5 Change of name Ch VI R 3 Change of religion Ch VI R 3 Change of site Ch V R 3a (vi) Charge of report Ch XIV A R 15 Child Sec 22 (ii) employment of Sec 29 Class division maximum strength Ch VI R 23 Class room Ch IV R 7 (i) Classification of schools Ch II R 1 Collection of fee Ch XII R 3 Closing of division Ch V R 24 Schools Ch V R 24 Standards Ch V R 3b (v) Closure (P.F) Ch XXX R 43 Commencement of the Act Sec-1 Commencement of the Rules Communication with press Ch XIV C R 36 Company Management Ch XIV C R 25 Compulsory Education Compulsory retirement Part II Part II Ch XIV (A) Ch XIV (A) R 74 Compassionate gratuity Ch XXVII (A) R 12 A Communication with press Ch XIV (C) R 36 Communication with MLA Ch XIV (C) R 37 Conditions of Association Ch XIV C R 50 Conditions of Recognition Ch V R 17 Ch XIV C R 51 Conditions of service Conduct of Election Conduct Rules Sec-12 R 65 (5) (v) Chpt XVII Chpt XIII Chpt XIV (B) Conduct of teachers Chpt XIII Confirmation Chpt XIV (A) R 41 Ch XIV (A) R 47 Constitution of school of article to publication Ch XIV C R 35 of P.F. Ch XXIX R 2(1) (iii) Co-operative Societies opening Ch IV R 19 membership Ch XIV C R 24 Corporate Educational Agency Ch III R 2

9 4 Correspondent Ch III R 6 Courses of Instruction Ch VIII R 1 Court Sec 33 Crafts Ch IV R 7 (iv) Cremation ground Ch IV R 4 Cumulative Record Ch VIII R 13 (6) Note Custody of S.B. Ch XIV (A) R 26 Date of birth Ch VI R 3 Ch XIV A R 28 Declaration of holidays Ch VII R 4 D.E.O Ch XV R 1 Definitions Sec 2 Ch 1 R 2 Ch XXIV C R 3 Ch XXX R 2 Delegation of Powers Sec 34 Ch XIV C R 67 Department Ch 1 R 2(3) Department, Higher Secondary Ch XXXII R1 (a) Deputation Ch XIV (A) R 14 (A) Deputy Director Designation of teachers Ch XXIII R3 Detention Ch VIII R 13 Devolution of powers Ch V R 3 Dies non Ch XIV (A) R 56 A Dimension of class room Ch IV R 6 Director Ch 1 R 2 Director, Higher Secondary Ch XXXII R 1 (b) Ch XXX R 2(k) Disciplinary powers Sec. 12 A Discipline Ch IX R1 Ch XIV (A) R 65 Dispute Ch XIV (A) R 64 Dismissal of pupil Ch IX R 6 Dismissal of teacher Ch XIV (A) R 65 (vii) Ch XIV (A) R 74 District Ch 1 R 2 (6) Documents Ch V R 6 Doors Ch IV R 5(4) (iii) Drinking, drinks Ch XIV C R 64 Drinking Water, supply Ch IV R 10 Sec. 34 A Duties of Headmaster Ch IX R 11 Manager Ch III R 9 Teacher Ch IX R 12 Dynamic method of teaching Ch VIII R 6

10 5 Editing News papers Ch XIV C R 36 Education Educational Agency Sec 2 Ch III R 1 Education Advisory Board Sec. 4 Educational officer Ch 1 R 2 (5) Ch XV R 9 Effect of amendment Effective strength of students Ch XXIII R 12 Election Ch XVII complaint Ch XVII R 28 Emoluments Ch XXVII (A) R 12 Note (i) Ch XXX R 2 (b) Employees of aided school Ch XXX R 2 (c) English Medium Ch VIII R 7 (4) Enquiry Ch XIV (A) R 75 (1)(b) Ch XIV (A) R 75 (2) Equipments Ch IV R 7 Establishment of School Sec 3 Ch IV Examination Ch VIII R 11 Ch XXV R1 Exemption from Attendance Sec 27 Ch VII R 8 age Ch VI R 10 A fees Ch XII R 6 rule Ch 1 R 3 Strength Ch V R 22 A (3) Study of language Ch VIII R 7 tests Ch XIV (A) R 45 B SET Ch XXXII R 10 Excess staff Ch XIV (A) R 55 strength Ch VI R 23 Existing School Sec 2 (3) External work Ch IX R 13 Extra curricular Ch VIII R 10 Extra - Space Ch IV R 5 Evidence Ch XIV C R 42 Factual Diary Ch IX R 15 Family Ch XXVII (A) R 7 to Note Ch XX VII (A) R 12 to Expl. Ch XXIX R 2 (1) (ii) Ch XXX R 2(d) Fees Ch XII R 1 Ch XII R 11 Ch XII R 29

11 6 Financial guarantee Ch V R 7 Fine Ch XII R 4 Fixation of staff Ch XXIII R1 First aid Ch VIII T 10 (iii) Floors Ch IV R 5 (4) (i) Foreign service Ch XIV (A) R 14 (A) Forms Full Time Post (Periods) Ch. XXIII R 6(2) (i) Ch XXIII R 6 F Fund Ch XXIX R 2 (iii) Ch XXX R 2 (e) Furniture Ch IV R 11 Future appointment Ch XIV (A) R 51 A Garden Ch IV R 3 Gift Ch XIV C R5 Girls School Ch II R6 Government Contribution Ch XXIX R 8 Government Orders Grade of Pay Ch XXVI R1 Grade of School Ch II R 2 Graduate service Ch XIV A R 44 A Grants Sec 9 Gratuity Ch XXVIII R1 Guardian Sec 26 Guides Ch VIII R 10 (i) Habitual indebtedness Ch XIV C R 30 Headmaster Ch 1 R 2 (7) (a) Ch IX R 10 Ch XIV (A) R 44 teaching work Ch VIII R 4 (3) Higher scale Ch XXVI R 2 High School Ch II R 2(4) High School Assistant Ch XXIII R 3 Ch XXIII R 6 D Higher Secondary School Ch XXXIII R1 (e) History of service Ch XIV (A) R 21 Holidays Ch VII R 4 Hostel Ch IV R 7 (ii) Improper Competition Ch V R 28 Improper use P.F. Ch. XXX R 29 Increment Ch XIV (A) R 61 Indebtedness Ch XIV C R 30 Indemnity Sec 32 Index Initial appointment Ch XIV (A) R 75 (9) Injunction Sec 33 Inquiry Ch XIV (A) R 75 (9)

12 7 Inquiring authority Ch XIV (A) R 75 (1) (b) Insolvency Ch XIV C R 30 Inspection Sec 31 Ch XV Inspection of Schools Ch XV R 1 Institution Ch II R 5 Insurance Ch XXVII A R 3 Ch XXX R 17 Interest Ch XXX R 14 Interpretation Ch XIV (C) R 66 Ch XXX R 36 Inter school competition Investment Ch XIV C R 23 Joining duty Ch XIV (A) R 15 Joining report Ch XIV (A) R 15 Joining P.F. Ch XXX R 6 Junior Red Cross Ch VIII R 10 (iii) K.S.R. applies Ch XIV (A) R 43 A Language Teacher Ch XXIII R 3 Ch XXIII R 6 D Latrines and Urinals Ch IV R 9 Leave Rules Ch XIV (A) R 56 Ch XXIV (A) R 8 Lecturer, Junior Ch XXXII R 1 (g) Legislative Assembly Sec 37 Ch XIV (A) R 56 (2) Library and laboratory Ch IV R 7 (iii) License for Burial ground Ch IV R 4 Liquor Shop Ch IV R 4 (2) List of properties Sec 4 List of schools Ch II R 8 Litigation Ch XIV C R 20 Loan-school building Ch IV R 16 Local Educational Authority Sec 18 Sec 2 Ch XVII R1 Ch XVIII Local Education Committee Sec 22 Ch XIX R1 Local Self Government Institutions Ch XIV (A) R1 (3) Log Book Ch IX R 15 Lower Primary Ch II R 2(2) (a) Lower Primary School Ch IV R 11 schedule Lower staff Fixation Ch XXIII R 12 Maintenance Ch IV R 8 Maintenance grant Ch XXVIII R1 Major Penalties Ch XIV (A) R 75

13 8 Maladministration Ch III R 7 Manager lower authority Sec 7 Ch III R 8 (i) Ch III R 9 Ch XIV (A) R 81 A Management Ch III Mark Register Ch VIII R 12 Maximum Strength Ch VI R 23 Medical Certificate Ch XIV (A) R 47 Medical Inspection Ch IX R 3 Medium of Instruction Ch VIII R 7 Membership of association Ch XIV C R 50 Co-operative Societies Ch XIV C R 6 Ch XIV (C) R 24 Member of Educational Authority Sec 17 Ch XVII Method of appointment in Higher Ch XXXII R 4 Secondary Migration from other states Ch VI R 10 Minimum attendance Ch VII R 7 Minimum working days Ch VII R 3 Minimum Pension Ch XXVII (A) R 12 Note (b) Minimum site Ch IV R 1 Minimum strength Ch V R 22 A Minor Penalties Ch XIV (A) R 76 Minority Schools Sec 2 (5) Mismanagement Ch III R 7 Ch V R 23 Moral Instruction Ch VIII R 9 Moral Turpitude Ch III R 7 Ch XIII (ii) New Schools Ch V R 2 A N.C.C Ch II R 5 (ii) Ch VIII R 10 Nomination Ch XXX R 7 Non teaching staff Ch XXIV A R 1 Ch XXIV B R 3 Noon daymeal Sec 30 Notification Obligation of guardian Sec 26 Occurrence of the Vacancy Ch XIV (A) R43 (B) (i) Opening divisions Ch V R 3(b) (vii) Opening New Schools Ch V R 2 A Option Ch XIV C R 1 Ch XXI (B) R 1 Option for Recog. School Sec 3 (4)

14 9 Part time teachers Ch XIV (A) R 9 (2) Pay Ch XXIX R 2 (1) (b) (iv) Payment of salary Sec. 9 Pay scales Ch XXVI R1 Penalty Sec 29 Ch XIV (A) R 65 Pension Ch XXVII A Ch XXVII A R 8 Period Diversion Permission for Dismissal Ch XIV (A) R 74 Permission to open std. Ch V R 3b) (iv) to open schools Ch V R 11 lapse new school Ch V R 13 for removal Ch XIV A R 74 for termination Ch XIV A R 74 Petty Construction Ch XXVIII R 3 (i) Physical Edn. Play ground Ch IV R 3 Power to acquire Sec 15 Power to make rules Sec 36 Prayer House Ch IV R 17 Preamble Preference of appointment Ch XIV A R 5 Ch XIV A R 51 A Prescribed Sec 2 (6) Presentation Ch XIV C R 11 Primary schools Ch II R 2(1) (i) Principal Ch XXXII R1 (f) Private school Sec 2 (7) Private study Ch VI R 7 Private tuition Ch IX R 13 to Note Private trade Ch XIV C R 28 Probation Ch XIVA R 6 (a) Ch XXXIV R 7 Progress Card Form 8 Progress Register Form 7 Promotion list Ch VIII R 13 (5) Promotion of pupils Ch VIII R 13 (3) Promotion of teachers Ch XIV A R 43 Properties of Ch X R 1 Provident Fund Ch XXVII A R 2 Ch XXIX R1 Ch XXX R 1 Provisional recognition Ch V R 1(3) Protection Publication Ch XIV C R 40 Public address system

15 10 Public demonstration Ch XIV C R 9 Punishments Ch XIV A R 65 Punishment Register Ch IX R 9 Purchase of Property Ch XIV C R 21 '' of resignation Ch XIV C R 13 Qualification Sec 10 Ch XXXI Radio Broadcast Ch XIV C R 55 Rate of grant Ch XXVIII R 4 Rate of subscription Ch XXIX R 7 Readmission Ch VI R 16 Recognition of School Ch V R 1 Ch V R 16 Recognised School Sec. 19 Sec 2 (8) Ch XIV (A A) R1 Recovery Sec 8 Recruitment of teachers Refund Ch XXVI R 1 A Refusal to do work Ch XIV A R 56 a (4) Note (i) Register of P.F. Reinstatement Ch XIV (A) R 67 (8A) Relaxation of Rules Ch 1 R 3 Religious instruction Ch IV R18 Relieving of teachers Ch XIV A R 48 Ch XIV (A) R 44 (1) Note Removal of difficulties Sec 35 Removal of pupils Ch VI R 15 Removal from service Ch XIV (A) R 65 (vi) Reopening of Schools Ch VII R 2 Repairs and Annual Maintenance Ch IV R 8 Repeal Sec 39 Report of Edl. Advisory Board Sec 4 (6) Representation Ch XIV C R 51 (c) Resignation Ch XIV (A) R 48 Ch XIV C R 13 Ch XIV C R 62 Retention of excess Strength Ch XXIII R 6 Retirement Ch XIV (A) R 62 Ch XXVII B R 4 Retrenchment Sec 13 Returning officer Ch XXVII R 14 Review Ch V R 23 A Ch V R 2B Ch XIV (A) R 93

16 11 Ch XXIII R 12 A Ch XIV (A) R 90 Ch XIV A R 8 A Ch XIV A R 92 Right of appointment Ch XIV (A) R 51 A Roofs Ch IV R 5(v) Rules of procedure (P.F) Ch XXX R 37 Salary Sec. 9 Ch XXIII R 13 Ch XXVI R 1 Saving Sec. 38 Scale of pay Ch XXVI R1 Schedules Ch XXX Sch. Scheme of work Ch VIII R5 School Sec 2 (9) School of Building Ch IV R 4 Ch IV R 15 Ch IV R 16 School Day Ch VIII R 3 School for General Education Ch II R 2 School of special education Ch II R 3 School year Ch VII R 2 Scope of the fund (PF) Ch XXIX R 4 Scouts and Guides Ch VIII R 10 (i) Secondary School Ch II R 2 Note (ii) Ch IV R 11 Schedule Selection site Ch IV R 2 Seniority Ch XIV (A) R 37 Seniority list Ch XIV (A) R 34 Service Association Ch XIV C R 51 (b) Service Book Ch XIV (A) R 21 Service Conditions Ch XIV (A) Service Qualification Ch XIV (A) R 44 A Service record Ch XIV (A) R 20 Shift system Ch XXIII R 1 (a) Ch XXIII R 4 Note Site area Ch IV R 1 Special Education Ch II R 3 Special fees Ch XII R 11 Special fee fund Special Rules for HSE Specialist teachers Ch XXIII R 2 Ch XXIII R 6 B Staff Fixation Ch XXIII R 1 R 2 R3 Staff list Ch XIV A R 34

17 12 State Sec 2 (10) State Edn. Advisory Board Sec 4 Statutory authority Stipend Ch XXV R 17 Strength of class Ch VI R 23 Strength of teaching staff Ch XXIII R1 Ch XXIII R 12 Strike Ch XIV C R 58 Students effective strength Ch XXIII R 12 readmitted Ch VI R 16 A Sub District Ch XXX R 2 (k) Subject requirement Ch XIV A R 1 Ch XIV (A) R 43 Subordinate authority subscriber Ch XXIX R 2 (b) (v) Ch XXX R 2 (h) Subscription Ch XIV C R 12 Ch XXX R 9 Subsistence allowance Ch XIV (A) R 67 (7) Supercheck cell Ch XXIII R 16 Supernumerary hands Ch XIV (A) R 55 Supervision Diary Ch IX R 14 Surprise Visit Ch XV R 20 Suspension of pupil Ch IX R 6 Suspension of Teacher Ch XIV (A) R 67 Taking over Management Sec 14 Sec 5 A Teacher Ch 1 R 2 (7) (a)- Ch XXX R 2 Note Ch XXX R 2(k) Ch XXXII R 1 (d) Teaching Notes Ch IX R 12 Teaching staff Ch XXIII R 3 Teachers Training Ch XXV R 1 Temporary Recognition Ch V R 21 (1) Temporary appointment of teachers S 10 A Termination of appointment by himself Ch XIV (A) R 53 if less than 8 month Ch XIVA R 49 on closing day Ch XIV A R 49 Tests Ch XIV A R 45 B Ch XXXII R 9 Text Books Ch VIII R 2 Time table Ch VIII R 4 Toilet Facility Sec 34 A

18 13 Training schools Ch IV R 7 Ch XXV R 1 Transfer Ch XIV (A) R 12 Transfer Certificate Ch VI R 18 Transfer of Account (PF) Ch XXIX R 9 (5) Transfer of Schools Sec 6 Ch III R 5 A Transfer of teachers Ch XIV A R 10 Transitional provision Ch XXII Tuition fees Ch XII R1 Type design of building Ch IV R 14 Type of school Ch IV R 5 Upgrading of school Ch V R 2 (A) Upper Primary Ch II R 2 (2) Ch IV R 11 Use of school building Ch IV R 15 Vacancy Ch XIV (A) R 7 (A) Vacancies of less than 2 months Ch XIV (A) R 7A (3) Vacation Ch VII R1 Vacation Salary Ch XIV (A) R 49 Warning to guardian Sec 28 Windows Ch IV R 5 Withdrawal of M. Grant Ch XXVIII R 2 of permission to school Ch V R 15 of P.F. amount Ch XXIX R 12 Ch XXX R 28 of pupil Ch VII R 10 of Recognition Ch V R (13 A) Ch V R 22 A Withholding increment Ch XIV (A) R 65 (ii) Withholding of promotion Ch XIV A R 65 (ii) Working days Ch VII R 3 Year Ch XXX R 2 (i)

19 I THE KERALA EDUCATION ACT 1958 THE KERALA EDUCATION ACT 1958 (ACT 6 OF 1959) (As amended by Acts 35 of of 1961 and 9 of 1985) An Act to provide for the better organisation 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 Ninth Year of the Republic of India as follows:- PART 1 GENERAL 1. Short title, extent and commencement.- (1) This Act may be called the Kerala Education Act, 1958.* (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 recognised by and is receiving aid from the Government, but shall not include educational institutions entitled to receive grants under Article 337 of the Constitution of India, except in so far as they are receiving aid in excess of the grants to which they are so entitled; 1(1) A. Dist. Educational Authority means District Educational authority constituted under section 17. * Received the assent of the President on 19 th February 1959 and published in the Gazette Extraordinary dated 24 th February ** All the provisions of the Act except section 12(1), (2) and (3) and sections 21 to 31 came into force on 1 st June 1959 as per Notification No. ED(C.SPL) 21564/59/EHD dated 27 th May 1959, published in Gazette Extraordinary dated 27 th May 1959, Act 35 of 1960 substituted new sections for sections 11 and 12 with effect from 27 th December 1960.

20 II THE KERALA EDUCATION ACT 1958 (2) educational agency means any person or body of persons permitted to establish and maintain any private school under this Act; (3) existing school means any aided, recognised or Government school established before the commencement of this Act and continuing as such at such commencement; 3(A) Local Authority means a Panchayat at any level constituted under section 4 of the Kerala Panchayat Raj Act 1994 (13 of 1994 or a Municipality constituted under section 4 of the Kerala Municipalities Act 1994 (20 0f 1994). (4) 2 [****] (5) minority schools means schools of their choice established and administered, or administered, by such minorities as have the right to do so under clause (1) of Article 30 of the Constitution' (6) prescribed means prescribed by rules made under this Act; (7) private school means an aided or recognised school; (8) recognised school means a private school recognised by the Government under this Act; (9) school includes the land, buildings, play grounds and hostels of the school and the movable properties such as furniture, books, apparatus, maps and equipments pertaining to the school; (10) 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 course of institutions 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

21 III THE KERALA EDUCATION ACT 1958 (c) recognise 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 recognised 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 to the provisions of this Act and the rules made there under and any school of higher class established or opened otherwise than in accordance with such provisions shall not be entitled to be recognised 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, the Director of Technical Education and the Director of Health Services shall be exofficio 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 exofficio members, shall be three years. (5) The Government may prescribe the procedure to be followed at the

22 IV THE KERALA EDUCATION ACT 1958 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 a to the advice 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 authorised 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 with-hold maintenance grant. 3[5 A. Management of Government schools and Aided Schools taken over or a acquired by Government:- The Management of every Government school and that of aided school taken over or acquired by the Government under section 14 or section 15 as the case may be shall vest as specified below in the local authority noted against each namely:- a) Pre-primary schools and primary schools in rural areas Village panchayat having jurisdiction over the area in which the school is situate. b) High schools (including Lower Primary or Upper Primary section attached to High schools) and Higher Secondary schools in rural areas c) Pre-Primary school, Primary schools, Upper Primary schools, High schools and Higher Secondary schools in urban areas. District Panchayat having jurisdiction over the area on which the school is situate Municipality having jurisdiction over the area in which the school is situate. 5 B. Restriction on alienation of property of Government schools:- Notwithstanding anything contained in any law for the being in force or in any decree, judgment or order of any court, no sale, mortage,

23 V THE KERALA EDUCATION ACT 1958 lease, pledge, charge or transfer of possession of any land appurtenant to a Government school vested with a local authority under section 5A shall be made and such land shall not be used for any purpose other than educational purposes: Provided that nothing contained in this section shall prohibit surrender of any such land with the permission of the Government for the purpose of widening of any road.] 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 or 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 authorised 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 subsection (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 subsection (2), the Government may withhold any grant 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 authorised by the Government in this behalf. Explanation.- All the existing Managers of aided school shall be deemed to have been appointed under this Act. (2) The Manager shall be responsible for the conduct of the school in accordance with the provisions of this Act and the rules thereunder. (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

24 VI THE KERALA EDUCATION ACT 1958 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 record and accounts by such officer as may be authorised 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 authorised by the Government in this behalf. (7) In the even to the school being closed down or discontinued or its recognition being withdrawn the Manager shall make over to the officer authorised by the Government in this behalf all the records and accounts of the school maintained under sub-section (4). (8) If any Manager contravenes the provisions of sub-section (6) or wilfully contravenes the provisions of subsection (7), he shall, on conviction, be liable to fine which may extend to two hundred rupees. (9) No court shall take congnizance 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 amount 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 prescribed. 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

25 VII THE KERALA EDUCATION ACT 1958 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. The officer may also recover such amount by setting it off against any sum due to the Manager by the Government. 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 31 st May 1957 and continuing in office at the commencement of this section on the scale applicable to them immediately before the 31 st 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 by the Government. (3) The Government may pay to the Manager a maintenance grant at such rates as may 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 teacher.- The Government shall prescribe the qualifications to be possessed by persons for appointment as teachers in Government and private schools. 4[10 A. Temporary appointment of teachers - Subject to such terms and conditions as may be prescribed by the Government, the local authority may make temporary appointment to any temporary vacancy of a teacher in any school under its management through the Employment exchange from among persons who possess qualifications prescribed under section 10

26 VIII THE KERALA EDUCATION ACT 1958 and such appointment shall be made only upto the date of closing of the school for the annual vacation or till a regular candidate is appointed against such vacancy whichever is earlier] 11. Appointment of teachers in aided schools.- Subject to the rules and conditions laid down by the Government, teachers of aided schools shall be appointed by the managers of such schools from among persons who possess the qualifications prescribed under section Conditions of service of aided school teachers.- (1) The conditions of service of teachers in aided schools, including conditions relating to pay, pension, provident fund, insurance and age of retirement, shall be such as may be prescribed by the Government. (2) No teacher of an aided school shall be dismissed, removed or reduced in rank by the Manager without the previous sanction of the officer authorised by the Government in this behalf, or placed under suspension by the Manager for a continuous period exceeding fifteen days without such previous sanction. 5[12 A. Disciplinary powers of Government over teachers of aided schools.- (1) Notwithstanding anything contained in section 11 or section 12 and subject to such rules as may be prescribed, the Government or such officer not below the rank of an Educational Officer, as may be authorised by the Government in this behalf, shall have power to take disciplinary proceeding against a teacher of an aided school and to impose upon him all or any of the penalties specified in the rules made under this Act. (2) The Government or [the officer authorised] under sub-section (1) as the case may be, may suspend a teacher of an aided school when any disciplinary proceedings is proposed to be taken against him under that sub-section or when such disciplinary proceedings are pending: Provided that:- (a) before exercising the powers under sub-section (1) the Government or [the authorised officer] as the case may be, may intimate the Manager regarding the circumstances requiring disciplinary action against the teacher concerned and give the Manager a reasonable opportunity of taking disciplinary action; and

27 IX THE KERALA EDUCATION ACT 1958 (b) if the Manager fails to take appropriate action it shall be open to the Government or [the authorised officer] to take appropriate disciplinary action against the teacher concerned. 13. 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, 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. 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 made 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 may, 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 case 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 the over 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 therefor, and where the Government are satisfied 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:

28 X THE KERALA EDUCATION ACT 1958 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 before 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 situated within sixty days from 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 of compensation. (9) Nothing in this section shall apply to minority schools. 15. 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. Provided that no notification under this sub-section shall be issued unless the proposal for the taking over is supported by the 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 there to 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

29 XI THE KERALA EDUCATION ACT 1958 acquired, constructed or improved for the purpose 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 amounts of such aids or 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) 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 situated within sixty days of the date of such award and the decision of the Judge shall be final. (5) Nothing in this section shall apply to minority schools. 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 from being so taken over or acquired, if such property is intended and it is being 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. 6[17. Establishment of District educational authorities.- (1) For the purpose of associating people with the administration of education and to preserve and stimulate local interest in education affairs, each District Planning Committee constituted under section 53 of the Kerala Municipality Act, 1994 (20 of 1994) shall establish a District Educational Authority having jurisdiction in the district. (2) The District Educational Authority shall consist of the following persons namely:- (a) the District Panchayat President, ex-officio who shall be its chairperson; (b) the Chair person of the standing committee for Health

30 XII THE KERALA EDUCATION ACT 1958 and Education in the District Panchayat, ex-officio; (c) one woman elected from among the members of the standing committee for Health and Education in the District Panchayat; (d) two persons elected from among the Presidents of the Village Panchayats, in the district of whom one shall be a women; (e) the Chairpersons of the Standing Committees for Health (f) and Education of all the Municipalities in the District; the Deputy Director of Education, who shall be the exofficio Member Secretary of the Committee; (g) one person elected from among the Headmasters of the Government High Schools in the district; (h) one person elected from among the Headmasters of Aided High Schools in the district; (i) one person elected from among the Headmasters of Government Upper Primary and Lower Primary Schools in the district; (j) (k) (l) one person elected from among the Headmasters of Aided Upper Primary and Lower Primary Schools in the district; two persons nominated by the Government from among educational experts; two representatives of the educational agencies in the District nominated by the Government. (3) The term of office of the members other than the functionaries of the local authorities and ex-officio members shall be five years from the date of the first meeting of the District Educational Authority. (4) An out-going member shall continue in office until the election or nomination, as the case may be, of his successor. (5) The election of the members of the District Educational Authority shall be conducted in such manner as may be prescribed. (6) The term of office of a member elected or nominated to fill a casual vacancy shall be for so long only as the member whose place has been filled would have been entitled to hold office if the vacancy had not occurred. (7) It shall be lawful for the District Educational Authority to exercise its powers under this Act notwithstanding any vacancy in the Authority.

31 XIII THE KERALA EDUCATION ACT Functions of the District Educational Authority:- The District Educational Authority shall, - (i) assess the educational needs of the district by conducting surveys or otherwise and prepare each year, schemes for the development of education and submit the same to the District Planning Committee including the necessity, if any, for opening new schools or upgrading of existing schools; (ii) supervise the implementation of the schemes related to the health and nutrition of school children; (iii) promote conferences, exhibitions or other measures calculated to create interest in education among the public; and (iv) carry out such other functions as may be prescribed or entrusted by the District Planning Committee, as the case may be. 18 A. Educational Development Committee:- (1) The local authority concerned shall constitute an Educational Development Committee consisting of such members as may be prescribed for each school under its management for attending to the welfare needs there of. (2) The Educational Development Committee shall create an educational development fund, in such manner as may be prescribed, for the purpose of meeting the expenses that may arise in connection with the development of the school] 19. Recognised Schools.- The provisions of sub-sections (2), (4), (5), (6), (7), (8) and (9) of section 7 shall apply to recognised schools to the same extent and in the same manner as they apply to aided schools. 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 aided school. PART II COMPULSORY EDUCATION 21. Application of the Part. - This Part shall apply to - (i) the areas to which the provisions of the Travancore Primary Education Act, 1121, the Cochin Free Compulsory Primary Education Act, XI of 1123 or the Madras Elementary

32 XIV THE KERALA EDUCATION ACT 1958 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 this Part applies; (ii) child means a boy or girl between the ages of six and fourteen at the beginning of the academic year; (iii) guardian includes a parent and any person who has the actual custody of the child; (iv) to attend a school means to be regularly present for instruction at such school, on such days, at such time or times and for such period or periods on each day as may be prescribed by the Local Education Committee for that area with the approval of the Education Department; (v) Local Education Committee means the Committee constituted under section State to provide free compulsory education of children.- The Government shall provide for free and compulsory education of children throughout the State within a period of ten years from the commencement of this Act. 24. Local Education Committee.- (1) The Government shall appoint for each area of compulsion or for any portion of the area of compulsion a Local Education Committee. (2) The Committee shall be constituted in such manner and for such period as may be prescribed. 25. Functions of Local Education Committee.- It shall be the duty of the Local Education Committee to implement the provisions of this Act in regard to attendance at schools and to ensure that the employment, if any, of children does not interfere with their attendance in Government or private schools. (2) The Local Education Committee may, from time to time, delegate any of its powers and duties to any sub-committee or member. Such Committee or member shall conform to any instruction that may, from time to time, be given by the Local Education Committee. The Committee may at any time discontinue or alter the constitution of any sub-committee so formed or withdraw any of the powers or duties so delegated.

33 XV THE KERALA EDUCATION ACT Obligation on guardian to send children to school.- In any area of compulsion, the guardian of every child shall, if such guardian ordinarily resides in such area, cause such child to attend a Government or private school and once a child has been so caused to attend school under this Act the child shall be compelled to complete the full course of primary education or the child shall be compelled to attend school till it teachers the age of fourteen. Explanation. - A guardian of a child, sending the child to a minority school, shall be deemed to have complied with the requirements of this section. 27. Exemption from attendance.- A child may be exempted for a specified period or periods from compulsory attendance at school under this Act- (1) by the Government on religious grounds or on account of social customs; and (2) by the Local Education Committee (a) (b) (c) when it is receiving otherwise than in a Government or private school, instruction in an educational institution approved by the Local Education Committee; or when it is otherwise receiving education which in the opinion of the Local Education Committee is efficient or has received from the local education committee a certificate of having already completed its primary education; or where it is impracticable or inexpedient that it should attend school on account of illness, disease, injury affliction, infirmity or of any other cause regarded as sufficient by the Local Education Committee, subject to such rules as may be prescribed in this behalf; or (d) where there is no Government or private school within a distance of one mile measured along the nearest road from the residence of the child which the child can attend. 28. Warning for failure to discharge obligation and for interference. - (1) When the Local Education Committee has reason to believe that a guardian of any child to whom this Act applies and who is bound under section 26 to cause such child to attend a Government or private school has failed to do so or that any person other than the guardian is utilising the time