Kerala act 006 of 1959 : The Kerala Education Act, 1958 (No.6 of 1959)

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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

(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 \

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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5o 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

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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c 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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(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.

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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 /

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 ~emselves5

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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 c

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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 ; l

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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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