Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 30] [Entire Act]

State of Kerala - Section

Section 14 in Kerala Education Act, 1958

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.