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Section 15: Powd to a~querc auy calef!OIIJ of scltools

The Kerala Education Act, 1958 (No.6 of 1959)State Act of Kerala · Act 6 of 1959

(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.

Where this provision sits

ActThe Kerala Education Act, 1958 (No.6 of 1959)
Section15
Marginal notePowd to a~querc auy calef!OIIJ of scltools
JurisdictionState of Kerala
StatusIn force as published by the source

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