LexThe Kerala Education Act, 1958 (No.6 of 1959)
Kerala · state statute
Open in Lexace · Ask the AI about this act44
THE KERALA EDUCA TlON ACT, 1958
(Act 6 of 1959)
CONTENTS
Sections.
J. Short title, extent and commencement.
2. Definitions.
3. Establishment and recognition of schools.
4. State Education Advisory Board.
5. Manager to send list of properties.
6. Restriction on alienation of property of aided school.
i. Managers of Schools.
8. Recovery of amounts due from the manager.
9. Salary of teachers, etc , and grants to aided schools.
10. Qualifications for appointment as teachers.
ll. Appointment of teachers in Government and aided schools.
12. Conditions of service of aided school teachers.
13. Absorption of teachers on retrenchment.
14. Taking over management of schools.
15. Power to acquire any category of schools.
16. Power of Government to exempt immovable property
from being taken over or acquired.
17. Establishment of Local Educational Authorities.
18. Functions of the Local Educa1ional Authority.
19. Recognised schools
20. No fee to be charged from pupils of primary classes.
21. Application of the Part.
22. Definitions.
23. State to provide free compulsory education of children.
24. Local Education Committee.
25. Functions of Local Education Committee.
26. Obligation on guardian to send children to school.
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27. Exemption from attendance.
28. Warnin~ for failure to discharge obligation and for
interference.
29. Penalty for employment of children or interference with
their attendance at school.
30. Noon-day meals;, clothing, etc., to poor pupils.
31. Inspection uf officers, books and accounts of Local Edu-
cation Committees.
32. Indemnity.
33. Courts not to grant injunction.
34. Delegation of powers.
35. Removal of difficulties.
38. Power to make rules.
37. Rules to be laid before the Legislative Assembly.
38. Saving.
39. Repeal.
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ACT 6 OF 1959 o
THE KERALA EDUCATION ACT, 1~58.
Atl A,l to p!CVtde for ih~ better ovgatusatzou aud developn,elll of
educalio11alwslzlultt m 111 tlz~ State.
Preambl~ -WHEREAS it is deemed necessary to provide for
the better organisation and development of educ~tio.nal insti
tutions in the State providing a varied and comprehensive edu
cational service throughout the State;
BE it enacted in the Ninth Year of Republic of India as
follows:- b
PART I
GENERAL.
l. Slwrt itlle, extmt aud commwccmc11t -(1) This Act may be
called the Kerala Education Act, 1958.
(2) lt 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 difterent dates
may be appointed for difterent provisions of this Act.
2. Dcjmilzous.-ln this Act, unless the context otherwise
requires.-
(1) "aided school•' means a private school which is reco
gnised 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 ac; they are receiving aid in
excess of the grants to which they are so entitled ;
(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 commence
ment of this Act and continuing as such at such com
mencement;
(4) ''Local Educational Authority" means the authority
consti luted by the Government under section 17 ;
• Received the assent of the Pres1dent on 19th February, 1959 and published
in the Gazette Extraordinary dated 24th February, 19li9.
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(5) "minority schools" means schools of their choice esta
blished 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 ;
f8) "recognised school" :means a private school recognised
by the Government under this Act ;
(9) "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;
(10) "State" means the State of Kerala.
3. Establtshmeul and 'ecJgnzlzoll oj sr:hool~.-(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 expendient, for the
purpose of providing facilities for general education, special
education and for the training of teachers
(3) The Government may, f<Jr the purpose of providing such
facllihes.-
(a) establish and maintain schools; or
(b) permit any person or body of persons to estauli::.h
and maintain aided schools ; or
(c) recognise any school established and maintained by
any person or body of persons.
(4) All existing schools shalt 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
w1thin one month of such commencement, after giving notice
to the Government of its intention so to do, opt to run the
school as a recognised school, subJect to the condition that the
services of the teachers and other members of the staft of the
school shall not be dispensed with or their conditions of service
under the management varied to their disadvantage on account
of the exerc1se of this option.
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(5) After the commencement of this Act, tlhe establishment
of a new school C)r the opening of a higher class in any private
school shall be sUbJeCt to tile provh.ions of this Act and the
rules made thereunder and any school or higher class ec;tablished
or opened otherwise than in accordance with such provisions shall
not be entitled to be recognised by the Government.
4. Stale Educa!totz Adv1sory BoJard.-(1) For the purpose of
advising the Government on matte.-s pertaining to educatlonal
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, Ute Director of Technical Education and the
Director of Health Services shall be cr-o/jlCiv members of the
Board. The other members of the Board shall be appoinhtd by
the Government Appointment of non-offic1al members shall be
from persons who are distinguished educationists or who have
rendered eminent service to education, or who have had experi ..
ence 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 cx-ojficto 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 5hall present annually to the G.Jvernment
a report as to the advice tendered to. tile Government on matters
coming before them and the Government shall, on receipt of
such report, cause a copy thereof, together w1th a memorandum
explaining as respects the rna tters, if any, where the advice of
the Board was not accepted, the reasons for such non-acceptance,
tC!.l be laid before the Legislative Assembly.
5. Ma11agcr to send il~l of propcrltcs.-(1) On the fir::.t day of
Apnl each year, the manager of every aided school shall futnish
to such officer as may be authorised by the Government in this
behalf a statement containing a list of all movable and immov ·
able properties of the school with such particulars as may be
prescribed.
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(2) lf the manager commits default in furnishing the state
ment under sub-section (1) or furnishes a statement which is false
or incorrect in any material particular, the Government may
withhold maintenance grant.
6. Rcl/1/cllo/z 011 alzennlzon of p1 opeli!J of mded school. -(1) Not
withstanding anything to the contrary contained in any law for
the ti'lle 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 tht: previous permis
sion in writing of such officer not below the rank of a District
EducatioAal Officer, as tnay 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, adversty
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) Aoy transaction made in contravention of sub-section
(1) or sub-section (2) shall be 11tttl and votd.
( 4) If any educational agency or the manager of any school
acts in contravention of sub-section (1) or oi an order passed
under sub-section (2), the Government may withhold any grant
to the school.
7. Ma11agers of scltools.-(1) Any educational agency may ap
point any person to be the manager of an aided school under
this Act, subJect to the approval of such officer as may be autho
rised by the Government in this behalf.
Explannlzotz.-Ail the existing managers of aided schools 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 propertie~ of the school shall be in the possession
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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 aftord all assistance and
facilities as may be necessary or reasonably required for the
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inspection of the school and its records and accounts by such
officer as may be authorised by the Government in this behalf.
(6) No manager shall elose 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 authonsed by the
Government in this behalf.
(7) In the event of the school being closed down or dis
continued or its recognihon being withdrawn the manager shall
make over to the officer authorised by the Government in this
behalf all the record<> and accounts of the schocl maintained
under sub-section (4).
(B) If any manager contravenes the provisions of sub
section (6) or wilfully contravenes the provisions of sub-section
('/),he shall, on conviction, be liable to fine which may extend
to two hundred rupees.
(9) No court shall take cognizan<!:e of an offence punishable
under sub-section (B) except with the previous sanction of the
Government.
8. Recovery of amou11ts due from lite manager -(l) 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 S'ection, pursuant
to any agreement, scheme or other arrangment 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 acccor
ding 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.
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Before passing such order the District Educational Officer shall C
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 manager under the orders of the District Educational Officer
or, where there has been an appeal from the orders of the Dist-
rict Educational Officer, under the orders of the officer passing
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the order in appeal, shall be recoverable as an arrear of land re_
venue under the provisions or the Revenue Recovery Act for the
time being in fore~. The officer m:ty also recover such amount
by setting it off against any sum due to the mwager by the Go
vernment Any amount deposited or recove(ed under this sub
section shall be paid to the concerned t&acher.
(3) All fees and other dues, other than special fees, colle
cted from the students in an aided school after the commence
ment of this section shall, notwithstanding anything contained
in any agreement, scheme or arrangeme::1t, be made over to the
Government in such manner as may be prescribed.
9. Safar y of tenchers, etc., a11d grmzls lo atded sclzools-(1) The Go
vernment 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-teach~
ing staft 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 the 31st
May 1957. It shall be competent for the Government to prescribe
the number of persons to be appointed in the non~teaching es-
,._ tablh.hment of aided schools, their salaries, Qualifications and
other conditions of service. The salary of the persons appoint-
~ ed in the non-teaching establishment in accordance with the
rules so prescribed shall be paid by the Government
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(3) The Government may pay to the manal{er a mainten~
ance graot at such rates as may be f)rescribed.
(4) Tho Government may make grants-in-aid !or the pur
chase, improvement and repairs of any land, building or eQuip
ment of an aided school
10. Qua!t/zmlzons for appoiutmcnt as lerzcftcrs :-The Government
shall prescribe the qualifications to be possesc;ed by persons
for appointment as teachers in Government and private schools.
11. Ap~o111f,r,wl uf teachers w Govcmrnc11l c.ul (llded school~:-(!)
The Public Servke Commission shall, as empowered by this Act,
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 arhe in
the course of the year The candidates shall be selected fOf_
each district sepearately and the list of candidates so selected
shall be published in the Gazette. Teachers of aided school3
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shall be appointed by the manager only from the candidates so
selected for the district in which the school 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
pubhsherL
(2) In selecting candidates under sub-section (1 ), the Publie
Service Commission shall have regard to the provisions made by
the Government under clause (4) of article 16 of the Constitution.
12. Colldzlio11s of serz·zce of atded school !eadzer~:-(1) The con
ditions of service relating to scales of pay applicable to teachers
of Government sch~ols 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 !.chools shall apply to teachers of aided schools-
(i~ who are appointed under section 11 after the com
mencement of this section ; and
(i1) who have been appointed before the commencement
of this "e~tion, but who have expressed in writing
their willingness to be governed by such condi
tions, within one year from such commencement.
(3) The Government shall extend to the teachers of aided
schools who have been appointed before the commenc~mcnt of
this section and who have not expressed their willingness under
clause (ii) of sub-section \2) within the time specified therefor
the conditions of service relating to pension, provident fund, in
surance and age of retirement applicable to teachers of Govern
ment schools with such modifications as the Government may
deem fit.
(4) No teacher of an aided school !.hall be dismissed, remo·
ved, reduced in rank or suspended by the manager without the
previous sanction of the officer authorised by the Government in
this behalf.
(5) Sub1ect 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.
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13. Absorplto11 oflcnclws 011 retrettclzmwt.-Where any retrenchw
ment of teachers in any aided school is renderdd nece;sary conse
quent on orders of the Government relating to the course of studies
or scheme of teaching or of such other matters, it shaH be com
petent 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 Jist of candidates selected by the Public Service
Commission under section 11.
14 Ta1mzg ovc1' mallaf!eowzt sdzools.-(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 thereunder, 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
opportunit,· for showing cause against the proposed action and
after considering the cause, if any, shown, do so, if satisfied
that such taking ovM fur the period is necessary in the public
interest.
(2) In case of emergency, where the Government are satis
fied that such a course is necessary in the interests of the pupils
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of the school, thev may, without any notice under sub-section (1)
to the manager or the educational agency, take over the manage
ment of any school after the publication of a notification to that
eftect 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 !his 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 propertiee,
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Provided that where any property has been acquired, con
structed, 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 aftording any special educational
facilities which~the school was aftording 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 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 sec1ion, 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 compensatio?.
(9) Nothing in this section shall apply to minority schooh;.
15. Powd to a~querc auy calef!OIIJ of scltools.-(1) If the Govern
ment are satisfied that for standardising general education in
the State or for improving the level of literacy in any area or for
more eftecti vely managing the aided educational institutions in
any area or for bringing education of aoy category under their
direct control, in the public interest it is necessary to do so, they
may, by notification in th ~ Gazette, take over with eftect from
any day specified therein any category of aided schools in any
specified area or areas; and such schools shall vest in the Govern·
ment absolutely with eftect from the day spicified in such
notification:
Prodided 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 p1·operty, movable or immovable,
has heen acquired, constructed or improved for the purposes of
the school with the aid or grant given by the Co't'erm;nent for
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such acquisition, construction or improvement, compensation
payable shall be fixed after deducting from the rRarket value the
amounts of such aids or grants:
Provided further that in the ca!e of movable properties the
compensation pavable 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
appoftionment among the persons entitled thereto the Collector
shalt follow such procedure as may be prescribed.
(4) •ny person aggrived 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.
(5) Nothing in this section shall apply to minority schools.
16. Power of Govemmcut to exempt tmmovable p1 opcrty /1om bcwg
takm {)Vcr or acquzred- 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 it being used for any religious purpose or, if the
Government are satisfied that such property, on account of 1ts
proximity to any place of religious worship, should be exempted,
and thereupon no rent or compensatiun, as the case may be,
shall be payable tn respect of such property.
17. Eslabltsftme~~t of Local Educalioual Aulltonltes.-(l) For the
purpo:;,e of associating people with the administration of educa
tion and to preserve and stimulate local interest in educational
aftairs, 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 schoc.ls in the local area from among
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(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 pre~ident 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 pres
cribed,
('l) Any person elected or nominated to fill a vacancy occur
ring 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. .k..
(8) It shall be lawful for the Local Educational Authority
to exercise its powers under this Act notwithstanding any
vacancy in the Authority,
18. Funclwns of the Local Edt~calw11al At~lhonty.- The Local Edu
cational Authority shall-
(i) assess the educational needs of the local area and
prepare each year schemes for the development of
education and submit the 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.
1 ~. Recogmsed schools.- The provisions of sub-sections (2), (4),
(6), (6), ('?), (8) and (9) of section 7 shall apply to recogt:~ised
schools to the same extent and in the same manner as they apply
to aided schools.
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20. .'Vo fee to be clu11 !{eel/1om p/lptls of pt 11nat 11 classes -No fee shaH
be payable by any pupil for any tuition in the primary classes
in any Government or aided school.
PART 11
COMPULSORY EDUCATION
21. Appltcalioll o' tlu Part.- This part shall apply to-
(i) the areas to which the provision-; of the Travancore
Primary Education Act, ll21, the Cochin Free Compulsory Pri
mary Education Act, Xl 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 Uefzmltotzs -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 pare~ and any person who
bas 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 pre·
scnbed by the Local Education Committee tor that area with the
approval of the Education Department;
(v) "Local Education Committee" means the Committee
constituted under section 24.
23. State to provzd' j1 cc compu{sory edttcat10a of cluldretz.- 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 Edzzwt.oJz Commzttec.-(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 prf'scribed.
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25. Fuuclio:ts oj Local Edttcalroll Commtllee -(I) It shall be the
duty of the Local Education Committee to implement the provi
sions of this Act in regard to attendance at schools and to ensoure
that the employment, if any, of children does not wterfere 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-Com
mittee 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.
26. Obttgalzo/1 o11guardta11 to send chtldwt to schvol.-In any area of
compulsion, the guardian of every child shall, if such guardian
ordinarily resides in such area, cause such child to atter.d 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 sehool till it reaches the age of fourteen,
Expla11alzo11:-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. Exemptrouj1om atlwda!la -A child may be exempted for a
specified period or periods form compulsory attendance at school
under this Act-
(1) by the Government on religious grounds or on account
of social cust9ms; and
(2) by the Local Education Committee-
(a) when it is re-::eiving otherwise than in a Government or
private school, instruction in an educational institution
approved by the Local Education Committee; or
(b) when it is otherwise receiviRg 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
(c) wh~re it is impracticable or inexpedient that it should
attend school on account of illness, disease, inJury,
aftliction, 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
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(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 fhild
can attend.
28. WarmtzJ! for fmlttrc to disclrrii'J!.e oblzf!rzlio11 mzd for wl~rf~rma.
(l) 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 Govern
ment or private school has failed to do so or that any person
other than the guardian is utilising the time or services of a child
in connection with any employment, whether for remuReration or
not, in such a manner as to interfere with the attendance of the
child at a Government or private school, it shall warn him in
writing that within on week of the receipt of the warning he shall
cause the child to attend school or shall refrain from utilising the
services of the child as aforssaid.
(2) When a Local Education Committee is satisfied that a
guardian has failed to cause his child to attend school or that
any person is interfering with such attendance of a child eveA
after the warning mentioned in subsection (1 ), the Local Educa
tion Committee or any member authorised by the Committee
shall lodge a complaint against such guardian or other persQn
with the' Magistrate having local jurisdiction.
(3) If the Magistrate is satisfied that the complaint is
well-founded, he shall pass an order directing the guardian or
other person to cause the chilci concerned to attend school regu
larly or to refrain from interfering with the attendance of the
child, as the case may be, after a specified date. If the guardian
or other person fails to comply with such order, he shall, on con
viction, be liable to- fine not exceeding five rupees for the first
offence and twenty rupees for every swbsequent oftence.
29. Pmallt! for emplo11mml of cluldrm or 111lerjerwc~ witlz t!zeir
atlmdmzce al ~chool.-Any person other than the guardian who
shall utilise the time or services of a child in connection with
any employment whether for remuneration or not, in such a
manner as to interfere with the attendance of the child at a
Government or private school in spite of a warning given under
section 28, shall be liable to fine not exceeding fifteen rupees for
bhe first oftence and not exceeding thirty rupees for each subse.
quent oftence.
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30. No01t·dm1 meals, clotlzitzg, c/c., to poor pHj!tls.-It shall be the
duty of the Government to see that noon-day meals; clothing,
books and writing materials are provid~d for poor pupils free
of costs.
31. ltzspcciioll of offices, booTls a11d accounts of Loc1l Educafzo11 Com
mzllw:-(1) Tne Local Education Committee shall maintain
such books, accounts and registers as may bt> prescribed.
(2) The office, books and accounts of every Local Educa
tion Committee shall be open to inspection by the Government.
PART III
'MISCELLANEOUS
32. lndcmlllly:-No suit, prosecution or other legal proceedings
shall lie again!lt the Government or any authority or any officer
for anyt~ ing done underthis Act in good faith or for any damage
caused by any action taken in good faith in carrying out the
provisions of this Act or the rules thereunder.
33. Courts trot to {!taut itz7u1zctio11.-Notwithstanding anything
contained in the Code of Civil Procedure, 1908, or in any other
law for the time being in force, no court~shall grant any tempor
ary inJunction or make any interim OJ"der restraining any proceed
ings whi~th is being or about to be taken under this Act.
34. Delegalton of powers.-lt shall be lawful for the Government,
by notification in the Gazette, to delegate to any officer of the
Education Department all or any of the powers vested in them
by this Act, except the powers under sections J 4, 15 and 36 and
to withdraw any power so delegated.
35. Remov-1l of drjfiwltzrs.-lf any difficulty arises in giving
effect to the provisions of this Act, the Government may, by
order, do anything not inconsistent with such provisions which
appear to them to be necessary or expedient for the purpose of
removing the difficulty.
36. tower to make rules.-(1) The Government may make rules
for the purpose of carrying into etlect the provisions of this Act.
(2) In particular, and without pre1udice to the generality of
the foregoing power, such rules may provide for-
(a) the establishment and maintenance of S(>hools;
(b) the giving of grants and aid to private schools;
(c) the grant of recognition to flrivate schools ;
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(d) the levy and collection of fees in aided schools;
(e) regulating the rates of fees in recognised schools;
(f) the manner in which accounts, registers and records
shall be maintained in schools, and the authority responsi
ble for such maiatenance;
(g) the submission of returns, statements, reports and
accounts by managers of schools ;
(h) the inspection of schools and this officers by whom
inspection shall be made;
(i) the mode of keeping and the auditing of accounts of
schools;
(j) the mode of ascertaining the nlue of the schools
for payment of compensation in cases of taking over or
acquisition;
(k) the standardlii of edupation and courses of study;
(I) the working of Local Educational Authorities; and
(m) all matters expressly required or allowed by this Act
to be prescribed.
37. Rules to b~ laid before the Legtslative Assembly:-All rules made
under this Act shall be laid for not less than fourteen days before
the Legislative Assembly as soon as possible after they are made
and shall be subject to such modifications as the Legislative
Assembly may make during the session in which they are so laid.
38. Savmg.- Nothing in this Act shall apply to any school
which is not a Government school or a private school.
39. Repeal.-The Travancore Primary Education Act, 1121,
the Cochin Free Compulsory Primary Education Act, XI of 1123
and the Madras Elementary Education Act, 1920 as in force in
the Malabar district referred to in sub-section (2) of section 5 of
the States Reorllanisation Act, 1956 (Central Act 37 of 1956), are
hereby repealed.
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