Ο περί Μέσης Εκπαιδεύσεως Νόμος - ΚΕΦ.169

Ο περί Μέσης Εκπαιδεύσεως Νόμος - ΚΕΦ.169 ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ CyLaw | Αναφορικά μ'εμάς | Επικοινωνία Κατάλογος Ενοποιημένης Νομοθεσίας Ο περί Μέσης Εκπαιδεύσεως Νόμος (ΚΕΦ.169) Περιεχόμενα Πλήρες Κείμενο Εκτύπωση Ιστορικό Τροποποιήσεων ΚΕΦ.169 44/1959 5/1960ΕΚΣ 10/1961ΕΚΣ 7/1962ΕΚΣ 60/1970 Συνοπτικός τίτλος

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ΚΕΦ.169 Interpretation

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2.-(1) In this Law- “δημόσιον σχολείον μέσης εκπαιδεύσεως” σημαίνει σχολείον μέσης εκπαιδεύσεως την ευθύνην της διοικήσεως και συντηρήσεως του οποίου φέρει η Δημοκρατία~ “Director” means the Director of Education and includes any offices of the Education Department authorized by him in writing for all οr any of the purposes of this Law; “governing body” means the person or body of persons exercising authority or control over a secondary school; “prescribed” means prescribed by Regulations made by the Συνέλευσις under the provisions of this Law; “school” means any educational institution wherein more than ten pupils are taught; “school year“ means a period of twelve months beginning on the 1st day of September in any year; “σχολείον μέσης εκπαιδεύσεως” σημαίνει σχολείον εν τω οποίω φοιτώσι μαθηταί αποφοιτήσαντες εκ σχολείου στοιχειώδους εκπαιδεύσεως~ “Υπουργός” σημαίνει τον Υπουργόν Παιδείας και περιλαμβάνει λειτουργόν του Υπουργείου Παιδείας εγγράφως εξουσιοδοτηθέντα υπ’ αυτού δι’ οιονδήποτε των σκοπών του παρόντος Νόμου.

ΚΕΦ.169 5/1960ΕΚΣ 60/1970

PART I SCHOOLS

Register of Secondary Schools

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ΚΕΦ.169 Registration of existing schools

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ΚΕΦ.169 Registration of new schools

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ΚΕΦ.169 Application for registration, how made

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ΚΕΦ.169 Requisites for registration of a school

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ΚΕΦ.169 Manner of registration of school

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8.-(1) Where the Director decides to grant the application, he shall cause the secondary school to be registered in the Register of Secondary Schools and shall issue to the governing body of the school a certificate of registration in the prescribed form. Such certificate shall be exhibited in a conspicuous place in the school premises.

ΚΕΦ.169 5/1960ΕΚΣ Annual return of changes

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9.(1) The governing body of every secondary school shall, during the month preceding the beginning of each school year, and also within one month after demand made in writing by the Director at any time, furnish the Director with a return in such form as may be prescribed specifying the changes, if any, which have been made or which it is proposed to make with regard to- (a) the governing body; (b) the financial resources of the governing body; (c) the teaching staff; (d) the curriculum; (e) the books in use; (f) the school premises.

Provided that the provisions of section 8(2) of this Law shall mutatis mutandis apply to any cancellation under the provisions of this section.

ΚΕΦ.169 Inspection by education officers

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10.-(1) The Director, or any officer in the public service of the Δημοκρατία authorized by the Director in writing in that behalf may at all reasonable times enter and inspect any secondary school.

ΚΕΦ.169 5/1960ΕΚΣ 60/1970 Inspection by medical officers

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11.-(1) The Director of Medical Services or any Medical Officer or Sanitary Inspector authorized by him in writing may at all reasonable times enter any secondary school and inspect the sanitary and hygienic condition of the school premises and report thereon to the Director.

ΚΕΦ.169 Obstruction of inspecting officers

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ΚΕΦ.169 Director may require alterations to be made in school premises

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ΚΕΦ.169 Director may prohibit use of certain books in schools

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14.-(1) The Director may by notice under his hand prohibit the use in any secondary school of any book which in his opinion is seditious, immoral, educationally unsound or otherwise harmful.

ΚΕΦ.169 Striking school off the register

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Provided that the Συνέλευσις may, instead of ordering the Director to strike such secondary school off the Register of Secondary Schools, impose such terms and conditions as to its control, management and conduct as the circumstances of the case may require and any person who acts in contravention of, or fails to comply with, any such terms and conditions shall be guilty of an offence and shall be liable to a fine not exceeding .250.

ΚΕΦ.169 5/1960ΕΚΣ 60/1970

PART II TEACHERS

Καταργήθηκε από το άρθρο 77 του Ν.10/69

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ΚΕΦ.169 Καταργήθηκε από το άρθρο 77 του Ν.10/69

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ΚΕΦ.169 Καταργήθηκε από το άρθρο 77 του Ν.10/69

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ΚΕΦ.169 Καταργήθηκε από το άρθρο 77 του Ν.10/69

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ΚΕΦ.169 Καταργήθηκε από το άρθρο 77 του Ν.10/69

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ΚΕΦ.169 Καταργήθηκε από το άρθρο 77 του Ν.10/69

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ΚΕΦ.169 Καταργήθηκε από το άρθρο 77 του Ν.10/69

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ΚΕΦ.169

PART III MISCELLANEOUS

Σχολική εφορεία

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ΚΕΦ.169 5/1960ΕΚΣ 10/1961ΕΚΣ 60/1970 Moslem secondary schools and governing bodies

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24.-(1) From and after the 1st September 1952, there shall be in the place of the registrations existing in respect of Moslem secondary schools before the aforementioned date, separate registrations in respect of every Moslem secondary school operating in any town or village and, for this purpose, the Director shall, notwithstanding anything in this Law contained, forthwith and without any other formality, enter in the Register of Secondary Schools the name of each such school with all necessary particulars and make such other entries or re-adjustments in such Register, as may be necessary to give effect to the provisions of this subsection.

Provided that the Συνέλευσις shall be at liberty to appoint a governing body of five members for any Moslem secondary school or schools in any village not being a municipal corporation and thereupon the provisions of this subsection shall apply to such governing body and the same shall be deemed to be a governing body for the purposes of this Law. (c) The Συνέλευσις shall appoint a Chairman and a Vice-Chairman from among the members of the governing body and, if the Chairman or Vice-Chairman are not present at any meeting, the members present shall choose one of their number to be Chairman for that meeting. (d) Every member of the governing body appointed as in paragraph (a) hereof shall hold office for a period of two years from the date of his appointment:

Provided that the Governor may, if he deems it expedient, terminate at any time the appointment of any such member.

ΚΕΦ.169 5/1960ΕΚΣ Αρμοδιότητες σχολικής εφορείας

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ΚΕΦ.169 5/1960ΕΚΣ 60/1970 Borrowing powers of certain governing bodies and saving

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26.-(1) The governing body of any secondary school to which section 23 or 24 applies may, subject to the approval of the Συνέλευσις, borrow money from the Loan Commissioners or from any bank, corporation or private person for any school purpose or educational purpose, and for securing the payment of the principal and interest of any such loan may, subject to the approval of the Συνέλευσις, mortgage any premises belonging to or held in trust for such school together with any premises to be erected with any such loan and may charge therewith any moneys then or thereafter payable to the governing body under any Law.

ΚΕΦ.169 5/1960ΕΚΣ Meetings of governing bodies

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27.-(1) The Chairman or Vice-Chairman of every governing body shall summon meetings of the members thereof as often as may be necessary and he shall summon a meeting, if requested so to do by a notice in writing signed by two of the members, within three days of the receipt of the notice, such meeting to be held within fourteen days of the receipt of the notice; and if the Chairman or Vice-Chairman shall fail to summon such meeting within such period, any two members may summon the Chairman, Vice-Chairman and members to a meeting by a notice in writing signed by the members summoning such meeting.

Provided that, if on the second successive summons a sufficient number of members is not present to constitute a quorum, at the time and place appointed for the meeting, the governing body may proceed with business if two members only are present.

ΚΕΦ.169 Vesting of property in certain secondary schools

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28.-(1) All property vested in any secondary school to which section 23 or 24 applies and any property which may herafter be acquired by or on behalf of any such school shall if movable vest, and if immovable vest and be registered- (a) in the case of a Greek-Christian secondary school, in the Chairman of the Town Committee as constituting the governing body for such school under section 23; (b) in the case of Moslem secondary schools, in the Chairman of the governing body constituted under section 24, to be held in trust for the school or schools concerned.

ΚΕΦ.169 5/1960ΕΚΣ 7/1962ΕΚΣ Λογαριασμοί και έλεγχος αυτών

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29.-(1) Οι μέχρι της 31ης Αυγούστου εκάστου έτους λογαριασμοί εκάστης σχολικής εφορείας μέσης εκπαιδεύσεως ισολογίζονται υπό του Ταμίου αυτής, εγκρίνονται υπό της ρηθείσης σχολικής εφορείας, υπογράφονται υπό τριών τουλάχιστον μελών αυτής και υποβάλλονται προς έλεγχον κατά τον καθωρισμένον τρόπον και χρόνον.

ΚΕΦ.169 5/1960ΕΚΣ 7/1962ΕΚΣ 60/1970 Tax in respect of immovable property of any secondary school

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ΚΕΦ.169 5/1960ΕΚΣ Power to exempt secondary schools from provisions of this Law

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ΚΕΦ.169 5/1960ΕΚΣ Penalties

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32.-(1) Any person who- (a) acts in contravention of section 17 or 21 of this Law; (b) knowingly teaches in an unregistered secondary school or in a secondary school which has been struck off the Register of Secondary Schools, shall be guilty of an offence and shall be liable to a fine not exceeding .250.

ΚΕΦ.169 Power to Συνέλευσις to make Regulations

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PART IV - PUBLIC-AIDED SECONDARY SCHOOLS

ΚΕΦ.169 5/1960ΕΚΣ

PART IV PUBLIC-AIDED SECONDARY SCHOOLS

Declaration of Public-aided secondary schools

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34.-(1) Notwithstanding anything in this Law or in any other Law contained, the Συνέλευσις, upon application by the governing body of any secondary school to which section 23 or 24 applies, may declare such school to be a Public-aided Secondary School and, thereupon, the provisions of this Law shall apply to such school and to every teacher in any such school, subject to the following modifications, that is to say:- (a) the teachers in every such school shall be appointed by the Συνέλευσις, after consultation with the governing body concerned, subject to the following conditions:- (i) no teacher who is not a πολίτης της Δημοκρατίας and a native of the Δημοκρατία shall be appointed to the permanent and pensionable staff:

Provided that a teacher, who is not a native of the Δημοκρατία and who has, by operation of this Law, already become member of the permanent and pensionable staff, shall continue to be such and shall enjoy all the privileges derived therefrom; (ii) any first appointment under sub-paragraph (i) of this paragraph shall be made on probation for a period of two years; (iii) any teacher who is not a native of the Δημοκρατία, or who, though a native of the Δημοκρατία, is not a πολίτης της Δημοκρατίας, may be appointed on contract, under such terms and conditions as the Director may, subject to the approval of the Συνέλευσις, determine; (iv) any teacher may be appointed by the Director to act as a temporary teacher according to the exigencies of the service; (v) every teacher appointed under this paragraph shall, except with the consent of the governing body concerned, belong to the religious community served by the school to which he is appointed; (vi) every teacher appointed under this paragraph shall be liable to be transferred from any such school to any other Public-aided Secondary School, after consultation with the governing bodies concerned, according to the exigencies of the service:

Provided that every teacher serving in such school and whose name was contained in an application made on or before such date, as may be fixed by the Συνέλευσις by a notice in the Gazette, shall not be transferred from any such school without his consent and that of the Governing Body; (b) there shall be kept at the office of the Director a special register to be called “the Register of Public-aided Secondary School Teachers” wherein shall be entered in such part thereof as may be prescribed by Regulations made under this paragraph, the name of every teacher appointed in any Public-aided Secondary School and the prescribed particulars in respect thereof:

Provided that the entry in the Register of Public-aided Secondary School Teachers shall not obviate the need for registration in the Register of Secondary School Teachers as in section 16 provided; (c) every teacher appointed to the permanent and pensionable staff who has served for ten years or upwards, may be granted, on his retirement, a pension and every such teacher, otherwise qualified for a pension, who has not completed the minimum period of service qualifying for a pension, may be granted, on his retirement, a gratuity and, for the purposes of this paragraph, sections 46 to 62 of the Elementary Education Law (both inclusive) shall apply mutatis mutandis to this Part of this Law, subject, however, to the following modifications, that is to say:- (i) in section 46, for the words “one six-hundredth” there shall be substituted the words “one seven-hundred and twentieth”; (ii) in sections 51(1)(a), 53(1) and paragraph (a) of the proviso thereto and the last provisos to sections 54 and 55 for the word “fifty-five,” wherever it occurs, there shall be substituted the word “sixty”; (iii) in paragraph (b) of the proviso to section 53(1), for the word “fifty” there shall be substituted the word “fifty-five”; (iv) paragraph (c) of the proviso to section 53(1) shall not apply:

Provided that any teacher whose name is contained in the application may, within six months from the date of his appointment, elect that the aforementioned sections of the Elementary Education Law shall apply to him without any such modifications and, thereupon, such sections shall accordingly apply to such teacher mutatis mutandis without any such modifications; (d) every teacher who is not a native of the Δημοκρατία, or who, though a native of the Δημοκρατία, is not a πολίτης της Δημοκρατίας, and who is appointed on contract to teach in any such school, may, on his retirement, be granted a gratuity in accordance with the provisions set out in the First Schedule to this Law; (e) salaries, pensions and gratuities under this Part of this Law shall be a charge on public revenue; (f) upon the appointment of any teacher to any such school any right of such teacher to any gratuity under any scheme operating in the school before its declaration as a Public-aided Secondary School shall lapse and any money in any fund kept for the purpose by the governing body may be utilized for such purposes of the school as the governing body may approve:

Provided that where any such scheme was on a contributory basis all contributions of such teacher up to the date of his appointment shall forthwith be paid back to him; (g) the annual tuition fee payable by each pupil in any such school shall be fixed by the governing body and shall be collected by such body and utilized for those purposes of the school, the expenditure in respect of which is not a charge on public revenue under the provisions of this section:

Provided that- (i) no such fee shall exceed fifteen pounds unless the Συνέλευσις, upon application by the governing body of any such school, by Order published in the Gazette, increases such fee in respect of such school by an amount not exceeding fifty per centum; (ii) no such fees shall be utilized by the governing body of any such school for the establishment or maintenance of a school boarding house; (h) there shall be allowed out of the total number of pupils, twenty per centum free places in such manner as may be prescribed; (i) the curriculum as set out in the application shall not be changed save with the prior permission in writing of the Director:

Provided that the Director’ s permission shall not be withheld for any change which may be rendered necessary by reason of any corresponding change in the entrance requirements of the universities or other educational institutions of analogous status in the United Kingdom, Greece or Turkey or in any other country as may be prescribed; (j) no teacher shall engage either directly or indirectly in any business, or shall receive any remuneration, other than his salary, in connection with any service rendered, or work done, by him save with the prior permission in writing by the Director; (k) it shall be the duty of the governing body of any such school, in so far as its resources permit, to provide and maintain to the satisfaction of the Director proper and sufficient school buildings, premises, playgrounds, yards or gardens in good order and to provide and maintain the necessary class-rooms, subject-rooms, work-shops, laboratories, libraries and their furniture and equipment; (l) the accounts of the governing body of every such school shall be made up to the 15th day of July in every year and shall be submitted together with all vouchers, records and documents relating thereto for audit by such person as may be appointed by the Director, the remuneration of every such person being a charge on public revenue; (m) the Συνέλευσις may, from time to time, make Regulations to be published in the Gazette for all or any of the following matters, in connection with such schools, that is to say:- (i) the form of application to be made by the governing body of a secondary school under the provisions of this section; (ii) the educational qualifications required for registration as a teacher in any Public-aided Secondary School and the period during which a teacher may be required to serve on probation; (iii) the scale of salaries to be paid to every such teacher; (iv) the maximum number of pupils to be admitted in such school, and the qualifications for admission of such pupils; (v) the procedure to be followed for the recruitment of new teachers and for filling vacancies in the teaching staff after the declaration of a secondary school as a Public-aided Secondary School; (vi) enabling governing bodies to make standing orders in respect of such matters as may be prescribed; (vii) enabling governing bodies to appeal to the Συνέλευσις from any decision of the Director; (viii) prescribing anything which under the provisions of this section is required or permitted to be prescribed; (ix) generally, for the better carrying out of the purposes of this Part of this Law:

Provided that, until varied or revoked by any such regulations, the Regulations contained in the Second Schedule to this Law shall have effect; (n) sections 30, 31, 33 and 34 of the Elementary Education Law shall apply mutatis mutandis to every teacher appointed under this section; (o) upon the declaration of a school as a Public-aided School, any grant-in-aid payable to such school shall forthwith cease; (p) no teacher appointed under this section shall be deemed to be a public officer in the service of the Δημοκρατία.

Provided that where a teacher has, during the course of his service, held for an aggregate period of not less than five years posts in respect of which a duty allowance is payable, the Συνέλευσις may direct that, for the purpose of computing pension or gratuity, the salary shall be enhanced by a sum equal to the average of the allowances payable in respect of the posts held during the last five years of the aggregate period; “service” means full time service in a secondary school in the Δημοκρατία or a school to which the Elementary Education Law applies.

ΚΕΦ.169 44/1959 5/1960ΕΚΣ 60/1970 Extension of provisions of section 34 to other secondary schools

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ΚΕΦ.169 5/1960ΕΚΣ 60/1970 ΠΑΡΑΡΤΗΜΑΤΑ FIRST SCHEDULE FIRST SCHEDULE (Section 34(1)(d).) 1. Every teacher on the Register of the Public-aided Secondary School Teachers who is not a native of the Δημοκρατία, or who, though a native of the Δημοκρατία is not a πολίτης της Δημοκρατίας and who attains the age of sixty years shall retire and cease to be a teacher on the said Register and the name of such teacher shall be removed from the said Register:

Provided that- (a) if any such teacher attains the age of sixty years after the commencement but before the end of the school year in which the teacher is employed, such teacher may, with the permission of the Director, continue to be employed as, and receive the salary of, a teacher and the name of such teacher shall remain on the Register of the Public-aided Secondary School Teachers until the end of such school year as if such teacher had not attained such age, and the service of such teacher during any period of such continued employment shall be treated as service under this Law and shall be taken into account in the computation of any gratuity; (b) it shall be lawful for the Συνέλευσις to require or permit any such teacher to retire at any time after attaining the age of fifty-five years; (c) the Συνέλευσις may, at any time, require or permit any female teacher on the Register of Public-aided Secondary School Teachers who becomes married to retire and cease to be a teacher on such Register, and, thereupon, the name of such teacher shall be removed from such Register.

3.-(1) No gratuity shall be granted to any such teacher except on his retirement in any one of the following cases:- (a) on or after attaining the age of sixty years or, in any case in which the Συνέλευσις requires a teacher to retire before attaining that age, on being required so to retire; (b) on medical evidence to the satisfaction of the Συνέλευσις that he is incapable by reason of some infirmity of mind or body of discharging his duties as a teacher and that such infirmity is likely to be permanent; (c) on compulsory retirement for the purpose of facilitating improvement in the organisation of Public-aided Secondary Schools by which greater efficiency or economy may be effected; (d) on the abolition of his post; (e) in the case of removal on the ground of inefficiency as in paragraph (2) hereof provided; (f) on voluntary retirement with the permission of the Συνέλευσις.

For the purposes of this regulation- the term “dependants” means such of the members of the family of a teacher as were wholly or in part dependent upon the earnings of the teacher at the time of his death.

SECOND SCHEDULE SECOND SCHEDULE (Section 34(1)(m).) 1. These Regulations may be cited as the Secondary Education (Public-aided Secondary Schools) Regulations, and shall apply only to Public-aided Secondary Schools and to teachers of such schools.

4.-(1) The grades and salary scales payable to teachers appointed to the permanent and pensionable staff shall be those set out in Appendix B to these Regulations, and every such teacher shall be placed by the Director on the grade appropriate to the teacher’s qualifications, and at such point on the scale as the Director may decide, having regard to the teacher’s previous experience to teaching:

Provided that, with regard to any teacher who is appointed to a Public-aided Secondary School, the Director may accept- (a) the ability and attainment of the teacher as equivalent to a University Degree; (b) the efficiency in, and experience of, teaching as equivalent to Teacher Training, as set out in the said Appendix.

Provided that no teacher whose name is included in the form of application shall be required to serve on probation.

Provided that there shall not be more than one senior master for the first hundred pupils and not more than one such master for every hundred pupils or part thereof in excess of fifty above the first hundred.

Provided that, except with the consent of the governing body, such number shall not be less than the number pupils shown in the application as enrolled in the school.

12.-(1) The pupils selected for free places shall be those who are of more than average ability and whose parents would find it difficult to pay any fees and such pupils shall be distributed in approximately the same proportion throughout the different classes of the school.

Provided that, in the first year after the school is declared a Public-aided Secondary School, the selection of those in the second to the sixth classes shall be based on the previous year’s work.

15.-(1) The governing body of a Public-aided Secondary School may make standing orders relating to all or any of the following matters:- (a) the admission, attendance, classification and examination of pupils; (b) the discipline to be enforced upon pupils both inside and outside the school; (c) the punishment and expulsion of pupils; (d) the health, cleanliness and medical inspection of pupils; (e) regulating the manner in which the fees for pupils shall be paid; (f) the organization and management of the boarding house or hostel, if any, attached to the school and the fees to be charged in connection therewith; (g) the duties and powers of the headmaster and of other teachers; (h) the school holidays and the vacations to be enjoyed by teachers, subject to a minimum number of working days during each year, as may be fixed by the Director; (i) the internal organization and management of the school.

To His Excellency the Συνέλευσις, (through the Director of Education).

We, , being the governing body of the secondary school of , do hereby apply under section 34 of the Secondary Education Law that His Excellency the Συνέλευσις might be pleased to declare the said school as a Public-aided Secondary School.

Dated . (Signatures) . ___________ APPENDIX B. (Reg. 4.) GRADES AND SALARY SCALES.

Παρατηρήσεις Εκδοτών 1. To άρθρο 17 του περί Στοιχειώδους και Μέσης Εκπαιδεύσεως (Τροποποιητικού) Νόμου 1962, Ν. 7/62, προνοεί τα ακόλουθα: “17.-(1) Άπαντα τα άρθρα του περί Μέσης Εκπαιδεύσεως (Τροποποιητικού) Νόμου 1960, Αριθμ. 5/1960, εξαιρουμένου του άρθρου 8, και ο περί Μέσης Εκπαιδεύσεως (Τροποποιητικός Νόμος, Αριθμ. 10/1961) καταργούνται.

10.-(1) Η ισχύς των διά του άρθρου 6 του παρόντος Νόμου εντιθεμένων εν τω βασικώ Νόμω νέων άρθρων 16 και 17 θεωρείται ως αρξαμένη την 31ην Μαρτίου 1965, κατά δε τα λοιπά η ισχύς του παρόντος Νόμου θεωρείται ως αρξαμένη την 12ην Ιουνίου 1970.

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