00 ACTS

THE KERALA EDUCATION ACT – 1958

 (ACT 6 OF 1959)

(As amended by Acts 35 of 1960 31 of 1961 and 9 of 1985) 

An Act to provide for the better organisation and development of educational institutions in the State. 

സംസ്ഥാനത്തെ വിദ്യാഭ്യാസ സ്ഥാപനങ്ങളുടെ മെച്ചപ്പെട്ട സംഘടനയ്ക്കും വികസനത്തിനും വേണ്ടിയുള്ള ഒരു നിയമം.

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; 

ആമുഖം:-സംസ്ഥാനത്തെമ്പാടും വൈവിധ്യമാർന്നതും സമഗ്രവുമായ വിദ്യാഭ്യാസ സേവനം നൽകുന്ന സംസ്ഥാനത്തെ വിദ്യാഭ്യാസ സ്ഥാപനങ്ങളുടെ മെച്ചപ്പെട്ട ഓർഗനൈസേഷനും വികസനത്തിനും നൽകേണ്ടത് അത്യാവശ്യമാണെന്ന് കരുതപ്പെടുന്നു.

BE it enacted in the Ninth Year of the Republic of India as follows:- 

ഇന്ത്യൻ റിപ്പബ്ലിക്കിന്റെ ഒമ്പതാം വർഷത്തിൽ ഇത് പ്രാബല്യത്തിൽ വന്നാൽ: -

PART 1 

GENERAL

1. Short title, extent and commencement

ഹ്രസ്വ ശീർഷകം, വ്യാപ്തി, ആരംഭം

(1) This Act may be called the Kerala Education Act, 1958*.

ഈ നിയമത്തെ കേരള വിദ്യാഭ്യാസ നിയമം, 1958 എന്ന് വിളിക്കാം *

(2) It extends to the whole of the State of Kerala. 

ഇത് കേരള സംസ്ഥാനം മുഴുവൻ വ്യാപിക്കുന്നു.

(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.** 

ഗസറ്റിലെ വിജ്ഞാപനത്തിലൂടെ ഈ നിയമത്തിലെ വിവിധ വ്യവസ്ഥകൾക്കായി സർക്കാർ നിയമിക്കുകയും വിവിധ തീയതികൾ നിയമിക്കുകയും ചെയ്യുന്ന തീയതിയിൽ ഇത് പ്രാബല്യത്തിൽ വരും.

🆀New sections for sections 11 and 12 under Act 35 of 1960 substituted with effect from:1960 

(A) 12th May 2000
(B) 27th December 1960
(C) 12th April 1960

(D) 12th May 2010

🆀All the provisions of the Act except the following section, came into force on 1.6.1959 as per notification No. E.D (C.SP 21564/59/EHD dt. 27.5.59:

(A) Sections 9 to 11
(B) Sections 18 to 20
(C) Sections 12(1), (2) and (3) (or) and sections 21 to 31

(D) Sections 1(1), (2), (3) and Sections 4 to 6

2. Definitions

In this Act, unless the context otherwise requires:- 

ഈ നിയമത്തിൽ, സന്ദർഭം ആവശ്യപ്പെടുന്നില്ലെങ്കിൽ: -

(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; 

എയ്ഡഡ് സ്കൂൾ ”എന്നാൽ ഗവൺമെന്റിന്റെ അംഗീകാരമുള്ളതും സഹായം സ്വീകരിക്കുന്നതുമായ ഒരു സ്വകാര്യ വിദ്യാലയം, എന്നാൽ ഇന്ത്യൻ ഭരണഘടനയുടെ ആർട്ടിക്കിൾ 337 പ്രകാരം ഗ്രാന്റുകൾ സ്വീകരിക്കാൻ അർഹതയുള്ള വിദ്യാഭ്യാസ സ്ഥാപനങ്ങൾ ഉൾപ്പെടില്ല, അല്ലാതെ ഇതുവരെ അധികമായി സഹായം ലഭിക്കുന്നുണ്ടെങ്കിൽ അവർക്ക് അർഹമായ ഗ്രാന്റുകൾ;

🆀A private school which is recognised by and is receiving aid from the government is:

(A) Minority School
(B) Aided School
(C) Special School
(D) Training School

(1)A. Dist. Educational Authority” means District Educational authority constituted under section 17.

ജില്ല വിദ്യാഭ്യാസ അതോറിറ്റി ”എന്നാൽ സെക്ഷൻ 17 പ്രകാരം രൂപീകരിച്ച ജില്ലാ വിദ്യാഭ്യാസ അതോറിറ്റി.

__________ 

*Received the assent of the President on 19th February 1959 and published in the Gazette Extraordinary dated 24th February 1959. 

**All the provisions of the Act except section 12(1), (2) and (3) and sections 21 to 31 came into force on 1st June 1959 as per Notification No. ED(C.SPL) 21564/59/EHD dated 27th May 1959, published in Gazette Extraordinary dated 27th May 1959, Act 35 of 1960 substituted new sections for sections 11 and 12 with effect from 27th December 1960. 

__________

(2) “educational agency” means any person or body of persons permitted to establish and maintain any private school under this Act; 

“വിദ്യാഭ്യാസ ഏജൻസി” എന്നാൽ ഈ നിയമപ്രകാരം ഏതെങ്കിലും സ്വകാര്യ സ്കൂൾ സ്ഥാപിക്കാനും പരിപാലിക്കാനും അനുമതിയുള്ള ഏതെങ്കിലും വ്യക്തി അല്ലെങ്കിൽ വ്യക്തികൾ;

🆀Any person or body of persons permitted to establish and maintain any private school under the Kerala Education Act 1959 is:

(A) Local authority
(B) Government
(C) State Advisory Board

(D) Educational agency

(3) “existing school” means any aided, recognised or Government school established before the commencement of this Act and continuing as such at such commencement; 

“നിലവിലുള്ള സ്കൂൾ” എന്നാൽ ഈ നിയമം ആരംഭിക്കുന്നതിന് മുമ്പ് സ്ഥാപിതമായതും അംഗീകൃതമോ സർക്കാർ സ്കൂളുകളോ ആണ്.

🆀...................means any aided, recognised or Govt. School established before the commencement of the Kerala Education Act of 1958 and continuing as such at such commencement.

(A) Aided School
(B) Government School
(C) Recognised School

(D) Existing School

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).  

“ലോക്കൽ അതോറിറ്റി” എന്നാൽ കേരള പഞ്ചായത്ത് രാജ് ആക്റ്റ് 1994 (1994 ലെ 13) അല്ലെങ്കിൽ കേരള മുനിസിപ്പാലിറ്റി ആക്റ്റ് 1994 (20 0 എഫ് 1994) ലെ നാലാം വകുപ്പ് പ്രകാരം രൂപീകരിച്ച ഒരു മുനിസിപ്പാലിറ്റി ഏത് തലത്തിലും രൂപീകരിച്ചിട്ടുള്ള ഒരു പഞ്ചായത്താണ്.

 

🆀...........means a Panchayat at any level constituted under Section 4 of the Kerala Panchayat Raj Act 1994/section 4 of the Kerala Municipalities Act 1994.

(A) Educational Development Committee
(B) District Educational Authority
(C) State Educational  Advisory Board

(D) Local Authority

(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' 

 “ന്യൂനപക്ഷ സ്കൂളുകൾ” എന്നാൽ ഭരണഘടനയുടെ ആർട്ടിക്കിൾ 30 ലെ (1) വകുപ്പ് (1) പ്രകാരം ചെയ്യാൻ അവകാശമുള്ള ന്യൂനപക്ഷങ്ങൾ അവരുടെ ഇഷ്ടമുള്ള സ്കൂളുകൾ സ്ഥാപിക്കുകയും നിയന്ത്രിക്കുകയും അല്ലെങ്കിൽ ഭരിക്കുകയും ചെയ്യുന്നു.

🆀Schools established and administered under the clause (1) of article 30 of the constitution are:

(A) Govt. Schools
(B) Recognised Schools
(C) Un recognised Schools

(D) Minority Schools

Correct Answer-Option:(D) Minority Schools

🆀Minority schools means schools of their choice establish and administered, or administered by such minorities as having the right to do so under clause(1) of

(A) Article 337 of Constitution
(B) Article 200 of Constitution
(C) Article 30 of Constitution

(D) Article 282 of Constitution

🆀 Minority school means
(A) A school run by the Xian community
(B) A school having the pupil strength of less than 25 in each standard
(C)A school established and administered by the choice of a religious or linguistic minority community
(D) A school run by a religious minority community

Correct Answer- Option: C: A school established and administered by the choice of a religious or linguistic minority community

(6) “prescribed” means prescribed by rules made under this Act; 

“നിർദ്ദിഷ്ട” എന്നാൽ ഈ നിയമപ്രകാരം ഉണ്ടാക്കിയ നിയമങ്ങൾ അനുസരിച്ച് നിർദ്ദേശിക്കപ്പെടുന്നു;

🆀Prescribed means under the KER means

(A) Prescribed by the Government
(B) Prescribed by the Educational officer
(C)Prescribed by the Rules made under the KE Act

(D) Prescribed in the constitution of India

(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; 

“സ്കൂളിൽ” സ്കൂളിന്റെ സ്ഥലം, കെട്ടിടങ്ങൾ, കളിസ്ഥലങ്ങൾ, ഹോസ്റ്റലുകൾ എന്നിവയും ഫർണിച്ചർ, പുസ്‌തകങ്ങൾ, ഉപകരണങ്ങൾ, മാപ്പുകൾ, സ്കൂളുമായി ബന്ധപ്പെട്ട ഉപകരണങ്ങൾ എന്നിവയും ഉൾപ്പെടുന്നു;

(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 

(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. 

🆀The authority for regulating the primary and other stages of education and courses of instructions in Government and Private schools are:
(A) Director
(B) S.C.E.RT.
(C) Deputy Director
(D) Government

🆀................Authority to permit opening of new school is:
(A) Government.
(B) Director of Public Instruction
(C) Deputy Director
(D) Asst. Educational Officer

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 ex-officio members of the Board. 

The other members of the Board shall be appointed by the Government. Appointment of non-official members shall be from persons who are distinguished educationists or who have rendered eminent service to education, or who have had experience in the administration of education. 

(3) The Government shall appoint one of the members to be the Chairman of the Board.

(4) The term of office of the members of the Board, other than the ex-officio members, shall be three years. 

(5) The Government may prescribe the procedure to be followed at the meetings of the Board, and all incidental and ancillary matters for the proper working of the Board. 

(6) The Board shall present annually to the Government a report 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. 

🆀The State Education Advisory Board consists of a chairman and:
(A) Not more than 12 members excluding Chairman
(B) Not more than 15 members including Chairman
(C) Not more than 10 members including Chairman
(D) Not more than 5 members excluding Chairman
Correct Answer-Option:(B) Not more than 15 members including Chairman

🆀The maximum number of members including Chairman in the State Education Advisory Board will be:

(A) 20

(B) 10

(C) 9

(D) 15

Correct Answer-Option: (D) 15

🆀The term of office of the members of State Education Advisory board other than ex-officio members shall be:

(A) 5 years

(B) 3 years

(C) 7 years

(D) 2 years

Correct Answer-Option:(B) 3 years

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. 

🆀The Manager of every aided, school shall furnish list of all movable and immovable properties of the school to such officer as may be authorised by the Govt on :
(A) The re-opening day
(B) The first day of June
(C) The first day of April
(D) The closing day
Correct Answer- Option:(C) The first day of April

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.	District Panchayat having  jurisdiction over the area on  which the school is situate
c)	Pre-Primary school,  Primary  schools, Upper Primary  schools, High schools and Higher Secondary schools in urban areas.	Municipality having  jurisdiction over the area in   which the school is situate.

🆀Management of government primary schools and aided primary schools taken over by the government shall vest with the
(A) district Panchayat
(B) Block Panchayat
(C) Local Self government, Grama Panchayat or Municipality as the case may be
(D) Educational officer
Correct Answer- Option: C: 

🆀Management of High Schools and Higher Secondary Schools in rural areas are vested with:

(A) Village Panchayat
(B) District Panchayat
(C) Municipality
(D) Corporation
Correct Answer-Option:(B) 

🆀The name of local authority under which the management of a Govt. L.P. School shall vest (Situated in Rural area):
(A) Village Panchayath
(B) Block Panchayath
(C) District Panchayath
(D) Municipality
Correct Answer- Option:(A) 

5 B. Restriction on alienation of property of Government schools

സർക്കാർ സ്കൂളുകളുടെ സ്വത്ത് അന്യവൽക്കരിക്കുന്നതിനുള്ള നിയന്ത്രണം

Notwithstanding anything contained in any law for the being in force or in any decree, judgment or order of any court, no sale, mortgage, lease, pledge, charge or transfer of possession of any land appurtenant to a Government school vested with a local authority under section 5 A shall be made and such land shall not be used for any purpose other than educational purposes: 

ഏതെങ്കിലും നിയമത്തിൽ പ്രാബല്യത്തിൽ വരുന്നതിനോ ഏതെങ്കിലും ഉത്തരവിലോ, ഏതെങ്കിലും കോടതിയുടെ വിധിന്യായത്തിലോ, ഉത്തരവിലോ, വിൽപ്പന, പണയം, പാട്ടം, പണയം, ചാർജ് അല്ലെങ്കിൽ ഏതെങ്കിലും ഭൂപ്രഭു കൈവശമുള്ള ഒരു പ്രാദേശിക സ്കൂളിൽ ഒരു പ്രാദേശിക അതോറിറ്റിക്ക് കൈമാറ്റം ചെയ്യൽ വകുപ്പ് 5 എ പ്രകാരം നിർമ്മിക്കുകയും അത്തരം ഭൂമി വിദ്യാഭ്യാസ ആവശ്യങ്ങൾക്കല്ലാതെ മറ്റൊരു ആവശ്യത്തിനും ഉപയോഗിക്കില്ല

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. 

ഏതെങ്കിലും റോഡ് വീതികൂട്ടുന്നതിനായി സർക്കാറിന്റെ അനുമതിയോടെ അത്തരം ഭൂമി കൈമാറുന്നത് ഈ വിഭാഗത്തിൽ അടങ്ങിയിരിക്കുന്ന ഒന്നും നിരോധിക്കില്ലെന്ന് വ്യവസ്ഥ ചെയ്യുന്നു

6. Restriction on alienation of property of aided school

എയ്ഡഡ് സ്കൂളിന്റെ സ്വത്ത് അന്യവൽക്കരിക്കുന്നതിനുള്ള നിയന്ത്രണം

(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 sub-section (2) shall be null and void. 

(4) If any educational agency or the Manager of any school acts in contravention of sub-section (1) or of an order passed under sub-section (2), the Government may withhold any grant to the school. 

🆀No property of an aided school shall be alienated
(A) Without the written permission of the Director
(B) Without the permission of the Government
(C)Without the permission of the Local Body
(D) Without the written permission of the DEO
Correct Answer- Option: D:-Without the written permission of the DEO

🆀The authority to whom appeal lies in respect of a decision refusing permission for transfer of a property of an aided school
(A) Government
(B) Local Education Authority
(C) Director
(D) State Education Advisory Board
Correct Answer-Option: (A) Government

🆀The appellate authority to be approached when the request for permission to sale any property of an aided school is declined :
A:-Deputy Director (Education)
B:-Government
C:-Director of Public instruction
D:-Additional Director of Public Instruction (General)
Correct Answer:- Option-B:-Government

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  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 willfully 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. 

🆀Who is responsible for the conduct of aided school in accordance with the provisions of the Kerala Education the rules there under as per provisions of the in Act:
(A) Managers
(B) Headmasters
(C) Educational officers
(D) Panchayat secretaries

Correct Answer- Option:(A) Managers

🆀No private school shall be closed down without giving the Director one year’s notice expiring with ——of any year of the intention to do so:
(A) 31st December
(B) 30th June
(C) 31st May
(D) 1st January
Correct Answer-Option:(C) 31st May

🆀No private school shall be closed down without giving the director:
(A) One year notice expiring with the 31st of May
(B) Two years notice expiring with the 31st of May
(C) 6 months notice expiring with the 31st of December
(D) 3 months notice expiring with the 31st of December
Correct Answer-Option:(A) One year notice expiring with the 31st of May

🆀If any manager contravenes the provisions in sub section (6) or will fully contravenes the provisions in sub section (7) of section 2 of KE Act
(A) he shall on conviction be liable to fine which may extend to Rs. 200
(B) he is liable to be declared as unfit to hold the chair of any aided school
(C)he is liable to be charged for criminal offence
(D) he is not eligible for maintenance grant
Correct Answer- Option:(A) he shall on conviction be liable to fine which may extend to Rs. 200

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  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 31st May 1957 and continuing in office at the commencement of this section on the scale 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 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. 

🆀Govt. may pay manager maintenance grant at such rates
(A) prescribed in the Rules
(B) for the maintenance work already made
(C)as per the rate claimed by the manager
(D) for the total expenditure of the maintenance work
Correct Answer- Option: A) prescribed in the Rules

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. 

🆀The authority to prescribe qualification for appointment of teachers in schools is:
(A) Public Service Commission
(B) Manager
(C) S.C.E.R.T.
(D) Government
Correct Answer-Option: (D) Government

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 and such appointment shall be made only up to 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 10. 

🆀The appointment of teachers in aided schools are to be done by:
(A) Manager
(B) Headmaster
(C) Educational Officer
(D) Government
Correct Answer-Option: (B) Manager

12. 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. 

🆀The period up to which a Manager can suspend a teacher without approving the same by the Educational Officer is:
(A) 2 months
(B) 3 months
(C) 15 days
(D) 4 months
Correct Answer- Option:(C) 15 days

🆀The maximum period of duration of suspension of a teacher without the sanction of the Educational Officer is:
(A) 30 days
(B) One Year
(C) No limit
(D) 15 days
Correct Answer-Option: (D) 15 days

12A. 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 

  (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. 

🆀The provision enabling the authorised officer to initiate disciplinary action against Aided School staff was incorporated as per section ................ of K.E. Act:
(A) 6
(B) 12A
(C) 5
(D) 12 B
Correct Answer- Option: (B) 12A

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: 

  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. 

🆀If any manager of an aided school neglect to perform any of the duties imposed or under KE Act or the Rules, in public interest, the management of the school may be taken over
(A) for a period as decided by the Edl. Officer
(B) for a period not exceeding five year
(C)till the manager complies with the directions in the matter
(D) for a period not exceeding seven years
Correct Answer- Option: (B) for a period not exceeding five year

🆀The Management of an aided school can be taken over by the Government for a period not exceeding ________

A:-3 years
B:-1 year
C:-2 years
D:-5 years
Correct Answer:- Option-D:-5 years

15. Power to acquire any category of schools

ഏത് വിഭാഗത്തിലുള്ള സ്കൂളുകളും സ്വന്തമാക്കാനുള്ള അധികാരം

 (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 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

സ്ഥാവര വസ്‌തുക്കൾ ഏറ്റെടുക്കുന്നതിൽ നിന്നും  ഒഴിവാക്കാനുള്ള      ഗവൺമെന്റിന്റെ അധികാരം.

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. 

🆀Power of Government to exempt immovable property from being taken over or acquired is dealt within:
(A) Act 15 (5)
(B) Act 17 (1)
(C) Act 16
(D) Act 17 (2)
Correct Answer-Option: (C) Act 16

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  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 and Education of all the Municipalities in the District; 

(f) the Deputy Director of Education, who shall be the ex-officio 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) one person elected from among the Headmasters of Aided Upper Primary and  Lower Primary Schools in the district; 

(k) two persons nominated by the Government from among educational experts;

(l) 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. 

🆀The Chairperson of the District Educational Authority shall be the :
(A) Mayor
(B) Person nominated by Government
(C) Dist. Panchayat President
(D) District Educational Officer
Correct Answer- Option:(C) Dist. Panchayat President

🆀The term of office of the members other than the functionaries of the local authorities and ex officio members of the Dist. Educational Authority shall be ............. year.
(A) three years
(B) five years
(C) as decided by the Jilla Panchayat
(D)as ordered by the Govt.
Correct Answer- Option: (B) five years

18. 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. 

🆀Which among the following is the not a function of the District Educational Authority?
(A) Supervise the implementation of the scheme related to health
(B) Promote conferences and exhibition
(C) Assess the educational needs of the district by conducting surveys or otherwise
(D) Create an Educational Development Fund
Correct Answer- Option:(D) Create an Educational Development Fund

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] 

🆀It shall be the duty to implement the provisions of KE Act to ensure that the employment if any of the children does not interfere with their attendance in Govt. or Private school
(A)Local Education Committee
(B)Dist. Educational Authority
(C)Director of Public Instruction
(D) Government
Correct Answer- Option: (A)Local Education Committee

🆀...............................shall constitute an Educational development committee for each school under its management for a attending to the welfare needs..
(A) The Local Authority.
(B) Educational Development Committee
(C) District Educational Authorities
(D) District Planning Committee
Correct Answer-Option:(A) The Local Authority.

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. 

🆀No fee shall be payable by any pupil for any tuition in the primary classes in any Government or aided school as per section................ Kerala Education Act 1958.
(A) 20
(B) 18 A
(C) 18
(D) 19
Correct Answer- Option: (A) 20

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  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 24. 

🆀Child’ means a boy or girl between the ages of six and fourteen at the beginning of the academic year as per section........of K.E. ACT 1958.
(A) 13
(B) 22
(C) 20
(D) 18
Correct Answer- Option: (B) 22

🆀“Child” means a boy or girl between the ages of six and fourteen at the beginning of the academic year as per
(A) Act 22 (i)
(B) Act 22 (ii)
(C) Act 22 (iii)
(D) Act 22 (iv)
Correct Answer-Option: (B) Act 22 (ii)

23. 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. 

26. 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 reaches 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) when it is receiving 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 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 

  (c) 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 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, it shall warn him in writing that within one 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 aforesaid. 

  (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 even after the warning mentioned in sub-section (1), the Local Education Committee or any member authorised by the Committee shall lodge a complaint against such guardian or other person with the Magistrate having local jurisdiction. 

  (3) If the Magistrate is satisfied that the complaint well founded, he shall pass an order directing the guardian or other person to cause the child concerned to attend school regularly 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 conviction, be liable to fine not exceeding five rupees for the first offence and twenty rupees for every subsequent offence. 

29. Penalty for employment of children or interference with their attendance of school

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 the first offence and not exceeding thirty rupees for each subsequent offence. 

30. Noon-day meals, clothing, etc. to poor pupils

It shall be the duty of the  Local authority to see that noon-day meals, clothing, books, and writing materials are provided for poor pupils free of cost. 

🆀It shall be the duty of the.............. to see that noon-day poor pupils free of cost, meals, clothing, books and writing materials are provided for
(A) AEO
(B) Local Authority
(C) Noon-meal officer
Correct Answer- Option:(B) Local Authority

31.Inspection of offices, books, and accounts of Local Education Committee

 (1) The Local Education Committee shall maintain such books, accounts and registers as may be prescribed. 

 (2) The office, books and accounts of every Local Education Committee shall be open to inspection by the Government. 

PART III 

MISCELLANEOUS

32. Indemnity

 നഷ്ടപരിഹാരം

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 this Act or the rules there under. 

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 force, no court shall grant any temporary injunction or make any interim order restraining any proceedings which is being or about to be taken under this Act. 

34.  Delegation of powers

It 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 14, 15 and 36 and to withdraw any power so delegated. 

34.A. Drinking water and toilet facilities in schools

  (1) The Manager of every aided school or recognised school shall arrange adequate toilet and drinking water facilities in the schools and furnish a report to the Secretary of the local authority on such arrangements before the beginning of each academic year. 

🆀The Manager of every aided or recognised school shall arrange adequate toilet and drinking water facilities in the school and furnish a report to the :
(A) Secretary of the Local Authority
(B) Director of Public Instruction
(C) Dist. Edl. Officer
(D) Government
Correct Answer- Option:(A) Secretary of the Local Authority

  (2) On receipt of a report under Sub section (i) the Secretary of the local authority or the officer authorised by him in this behalf shall inspect and certify the adequacy of the arrangements made by the Manager under that sub section. 

  (3) The local authority shall arrange adequate toilet and drinking water facilities in the schools the management of which are vested in it under section 5A.] 

35. Removal of difficulties

If 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. Power to make rules 

(1) The Government may make rules 9(either prospectively or retrospectively) for the purpose of carrying into effect the provisions of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for - 
(a) the establishment and maintenance of schools; 

(b) the giving of grants and aid to private schools; 

(c) the grant of recognition to private schools; 

(d) the levy and collection of fees in aided schools; 

(e) regulating the rates of fees in recognised schools; 

(ee) regulating admission to schools maintained by Government or receiving aid out of state funds, by making special provisions for the advancement of socially and educationally backward classes of citizens and the Scheduled Castes and Scheduled Tribes.

(f) the manner in which accounts, registers and records shall be maintained in schools, and the authority responsible for such maintenance; 

(g) the submission of returns, statements, reports and accounts by managers of schools; 

(h) the inspection of schools and the 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 value of the schools for payment of compensation in cases of taking over or acquisition; 

(k) the standards of education and course of study; 

(l) the working of Local Educational Authorities; and 

(m) all matters expressly required are allowed by this Act to be prescribed. 

🆀Make rules either prospectively or retrospectively for the purpose of carrying into the effect of the provisions in KE Act
(A) By the Governor
(B) By the President of India
(C) By the Govt.
(D) By the Legislature
Correct Answer- Option: (C) By the Govt.

37. Rules to be laid before the Legislative 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. Saving

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 Re organisation Act, 1956 (Central Act 37 of 1956), are hereby repealed. 

*Inserted by Kerala Education (Amendment) Act 1985 publish in Kerala Gazette
Extraordinary No.307 dated 12th April 1985. It shall be deemed to have come into force on the 13th day of October 1982.

🆀Total number of sections included in the 'Kerala Education Act, 1958'
A:-38
B:-39
C:-29
D:-32
Correct Answer:- Option-B

🆀The Kerala Education Act 1958 received the assent of the President of India on:

(A) 27.05.1959

(B) 24.02.1959

(C) 01.06.1959

(D) 19.02.1959

Correct Answer- Option: (D) 19.02.1959

🆀The Govt. have power to make rules for the purpose of carrying into effect the provisions of K.E. Act. It shall deemed to have come into force on:
(A) 13.10.1980
(B) 7.5.1980
(C) 13.10.1982
(D) 12.4.1985
Correct Answer-Option:(C) 13.10.1982

🆀New sections for sections 11 and 12 under Act 35 of 1960 substituted with effect from
(A) 12th May 2000
(B) 27th December 1960
(C) 12th April 1960
(D) 12th May 2010
Correct Answer-Option:(B) 27th December 1960

🆀All the provisions of the Act except the following section, came into force on 1.6.1959 as per notification No. E.D (C.SP 21564/59/EHD dt. 27.5.59:

(A) Sections 9 to 11

(B) Sections 18 to 20

(C) Sections 12(1), (2) and (3) (or) and sections 21 to 31

(D) Sections 1(1), (2), (3) and Sections 4 to 6

Correct Answer- Option:(C) Sections 12(1), (2) and (3) (or) and sections 21 to 31