18. Amendments to Act 6 of 1959.—

In the Kerala Education Act, 1958 (6 of 1959),— (1) In section 2,— (a) after clause (1), the following clause shall be inserted, namely:— "(1A) "District Educational Authority" means district educational authority constituted under section 17;";

(b) after clause (3), the following clause shall be inserted, namely:— "(3A) "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 Municipality Act, 1994 (20 of 1994)."; (c) clause (4) shall be omitted. (2) after section 5, the following sections shall be inserted, namely:— "5A. Management of Government Schools and Aided Schools taken over or 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 maybe, 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 in which the school is situate. (c) Pre-primary schools, 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

5B. Restriction on alienation of property of Government Schools.—Notwithstanding anything contained in any law for the time being in force or in any decree, judgement 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 5A shall be made and such land shall not be used for any purpose other than educational purposes: Provided that nothing contained in this section shall prohibit surrender of any such land with the permission of the Government for the purpose of widening of any road."; (3) after section 10, the following section shall be inserted, namely: "10A. 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 upto the date of closing of the school for the annual vacation or till a regular candidate is appointed against such vacancy, whichever is earlier."; (4) for sections 17 and 18, the following sections shall be substituted, namely:— "17. Establishment of District Educational Authority.—(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 Chairperson 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 woman; (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.

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 school 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. I8A. 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 thereof. (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."; (5) In section 30, for the word "Government", the words ''local authority" shall be substituted; (6) In section 34 for the words "Education Department" the words "Education Department or the local authority" shall be substituted;

(8) For section 34A, the following section shall be substituted namely:— "34A. Drinking water and toilet facilities in schools.—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. (2) On receipt of a report under sub-section (1), 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 7A.".