Συνοπτικός τίτλος

1. O παρών Νόμος θα αναφέρηται ως ο περί Μέσης Εκπαιδεύσεως Νόμος.

Interpretation

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.

(2) Οι αναφερόμενοι εις την στοιχειώδη εκπαίδευσιν, τα οικεία σχολεία και συναφή θέματα και μη ειδικώς καθοριζόμενοι εν τω παρόντι Νόμω όροι κέκτηνται την υπό του περί Στοιχειώδους Εκπαιδεύσεως Νόμου αντιστοίχως αποδοθείσαν αυτοίς έννοιαν.

PART I SCHOOLS
Register of Secondary Schools

3. There shall be kept at the office of the Director a register to be called “the Register of Secondary Schools” in the prescribed form, wherein shall be entered the names and prescribed particulars of all secondary schools registered under the provisions of this Law.

Registration of existing schools

4. The governing body of every secondary school in existence at the date of the coming into operation of this Law shall within one month from that date, unless in the meantime they notify the Director that such school has ceased to exist, make application for the school to be registered in the Register of Secondary Schools.

Registration of new schools

5. No secondary school which is not in existence at the date of the coming into operation of this Law shall be opened, maintained or conducted unless and until it is registered under the provisions of this Law.

Application for registration, how made

6. Every application for registration shall be made in writing by the governing body to the Director in such form as may be prescribed and shall contain full particulars as to-

(a) the constitution and mode of appointment or election of the members of the governing body of the school in respect of which the application is made;

(b) the curriculum which it is proposed to adopt and the books to be used in such school;

(c) the names, nationality, qualifications, salaries, terms of appointment and duties of the teachers to be employed at such school;

(d) the financial resources of the governing body;

(e) any other particulars which may from time to time be prescribed.

Requisites for registration of a school

7. No secondary school shall be registered unless the Director is satisfied-

(a) that the governing body, if not constituted under the provisions of any Law in that behalf in force for the time being, is composed of persons who have a knowledge of, and an interest in, secondary education and who are in all respects fit and proper persons to have the control of a secondary school;

(b) that the school premises are suitable and adequate with regard to accommodation, ventilation, lighting and sanitation;

(c) that the number of teachers is sufficient;

(d) that the financial resources of the governing body are reasonably adequate for the establishment and efficient management and maintenance of the school;

(e) that there is a reasonable need for a school with such a curriculum in the town or village in which it is proposed to open, maintain or conduct the same.

Manner of registration of school

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.

(2) Where the Director refuses to grant the application he shall give to the governing body notice in writing of his refusal setting out the grounds therefor and the governing body may within fourteen days from the date of such notice appeal to the Συνέλευσις whose decision thereon shall be final and conclusive.

Annual return of changes

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.

(2) Where the changes which have been made or which it is proposed to make materially alter the grounds on which the Director originally granted the application for registration, the Director may cancel the certificate of registration issued in respect of the school:

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

Inspection by education officers

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.

(2) The governing body and the person for the time being in charge of the school shall provide all reasonable facilities for such entry and inspection, and shall, during the inspection and at other times, furnish the Director, or other inspecting officer with any information which he may require with regard to the care, tuition and attendance of pupils, the sanitary and hygienic condition of the school premises, the general management of the school, and the names, qualifications and duties of all persons employed in or in connection with the school.

Inspection by medical officers

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.

(2) The governing body and the person for the time being in charge of the school shall provide all reasonable facilities for such entry and inspection and shall, during the inspection and at other times, furnish such inspecting officer with any information which he may require with regard to the number of teachers and pupils, the accommodation provided for teachers and pupils, and the ventilation, lighting and sanitation of the school premises.

Obstruction of inspecting officers

12. Any person in charge of a secondary school who-

(a) refuses to admit or resists or obstructs the entry into the school of any officer duly authorized under this Law to inspect the school; or

(b) refuses to give such officer any information which he may properly require; or

(c) knowingly gives false information to any such officer,

shall be guilty of an offence and shall be liable to imprisonment not exceeding six months or to a fine not exceeding .450 or to both.

Director may require alterations to be made in school premises

13. The Director may by notice in writing require the governing body of any secondary school to make within such time as may be specified in the notice any alterations in the school premises which he considers necessary for the health of the teachers or pupils of the school and may, if he thinks fit, order that the school premises be closed to pupils during the period specified in the notice unless in the meantime the alterations have been carried out to his satisfaction.

Director may prohibit use of certain books in schools

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.

(2) Any teacher in a secondary school who uses and every member of a governing body of a secondary school who knowingly permits the use therein of a book which has been prohibited by the Director under the provisions of subsection (1) hereof shall be guilty of an offence and shall be liable to imprisonment not exceeding six months or to a fine not exceeding .450 or to both.

Striking school off the register

15. If it is shown to the satisfaction of the Συνέλευσις that-

(a) the governing body of a secondary school has failed or neglected to comply with the requirements of the Director under the provisions of section 13 of this Law, and that the school is being conducted in conditions detrimental to the health of the teachers or pupils;

(b) a secondary school is being or has recently been conducted in an inefficient manner or in a manner subversive to good government or social order in Δημοκρατία;

(c) seditious or disloyal teaching or teaching otherwise of a harmful character morally or socially is being or has recently been imparted in a secondary school;

(d) the school premises of a secondary school are being or have recently been used for any seditious purpose or any purpose subversive to good government or social order in Δημοκρατία;

(e) the information supplied by the governing body to the Director under the provisions of sections 6, 7 or 9 of this Law was false or misleading in any material particular,

the Συνέλευσις may order the Director to strike such secondary school off the Register of Secondary Schools and such school shall thereupon cease to be registered and the certificate of registration issued in respect of such school shall be deemed to be cancelled:

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.

PART II TEACHERS
Καταργήθηκε από το άρθρο 77 του Ν.10/69

16. Καταργήθηκε από το άρθρο 77 του περί Δημοσίας Εκπαιδευτικής Υπηρεσίας Νόμο του 1969, (Ν. 10/69).

Καταργήθηκε από το άρθρο 77 του Ν.10/69

17. Καταργήθηκε από το άρθρο 77 του περί Δημοσίας Εκπαιδευτικής Υπηρεσίας Νόμο του 1969, (Ν. 10/69).

Καταργήθηκε από το άρθρο 77 του Ν.10/69

18. Καταργήθηκε από το άρθρο 77 του περί Δημοσίας Εκπαιδευτικής Υπηρεσίας Νόμο του 1969, (Ν. 10/69).

Καταργήθηκε από το άρθρο 77 του Ν.10/69

19. Καταργήθηκε από το άρθρο 77 του περί Δημοσίας Εκπαιδευτικής Υπηρεσίας Νόμο του 1969, (Ν. 10/69).

Καταργήθηκε από το άρθρο 77 του Ν.10/69

20. Καταργήθηκε από το άρθρο 77 του περί Δημοσίας Εκπαιδευτικής Υπηρεσίας Νόμο του 1969, (Ν. 10/69).

Καταργήθηκε από το άρθρο 77 του Ν.10/69

21. Καταργήθηκε από το άρθρο 77 του περί Δημοσίας Εκπαιδευτικής Υπηρεσίας Νόμο του 1969, (Ν. 10/69).

Καταργήθηκε από το άρθρο 77 του Ν.10/69

22. Καταργήθηκε από το άρθρο 77 του περί Δημοσίας Εκπαιδευτικής Υπηρεσίας Νόμο του 1969, (Ν. 10/69).

PART III MISCELLANEOUS
Σχολική εφορεία

23. Eις εκάστην πόλιν ή χωρίον ένθα υφίστανται δημόσια σχολεία μέσης εκπαιδεύσεως θα υφίσταται σχολική εφορεία μέσης εκπαιδεύσεως, ήτις θα είναι η δυνάμει του άρθρου 16 του περί Στοιχειώδους Εκπαιδεύσεως Νόμου διορισθείσα σχολική εφορεία διά τα εν τη πόλει ταύτη ή τω χωρίω τούτω σχολεία στοιχειώδους εκπαιδεύσεως.

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

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.

(2)(a) There shall be a governing body for Moslem secondary schools registered under the provisions of subsection (1) in every town or village which is a municipal corporation, to be composed of five members of the Moslem community having knowledge of, and interest in, Moslem secondary education appointed by the Συνέλευσις, except that, in respect of such secondary schools in the town of Nicosia, there shall be nine members so appointed.

(b) The governing body in respect of any such Moslem secondary school in any village, not being a municipal corporation, shall be the governing body of the principal town of the district in which such village is situated:

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.

Αρμοδιότητες σχολικής εφορείας

25. Eκάστη σχολική εφορεία μέσης εκπαιδεύσεως κέκτηται, εν σχέσει προς τα υπ’ αυτήν δημόσια σχολεία μέσης εκπαιδεύσεως, πάσας τας αρμοδιότητας σχολικής εφορείας εν σχέσει προς τα υπ’ αυτήν σχολεία στοιχειώδους εκπαιδεύσεως δυνάμει του άρθρου 18 του περί Στοιχειώδους Εκπαιδεύσεως Νόμου και επιπροσθέτως κέκτηται αρμοδιότητα όπως-

(α) καταρτίζη και υποβάλλη κατά τον καθωρισμένον τρόπον και χρόνον προς έγκρισιν τον προϋπολογισμόν των υπ’ αυτήν δημοσίων σχολείων μέσης εκπαιδεύσεως διά το επόμενον σχολικόν έτος~

(β) εισπράττη και καταθέτη κατά τον καθωρισμένον τρόπον και χρόνον τα υπό του Υπουργικού Συμβουλίου καθοριζόμενα δίδακτρα και άλλα τέλη διά τους μαθητάς των δημοσίων σχολείων μέσης εκπαιδεύσεως~

(γ) διαχειρίζηται τον προϋπολογισμόν της~

(δ) επιβάλλη εις τους μαθητάς των δημοσίων σχολείων μέσης εκπαιδεύσεως κατά τον καθωρισμένον τρόπον και χρόνον πρόσθετα δίδακτρα, τέλη και δικαιώματα, καταθέτη ταύτα εις τα εν τω περί Κοινοτικών Σχολείων Μέσης Εκπαιδεύσεως Νόμω του 1961 της Ελληνικής Κοινοτικής Συνελεύσεως αναφερόμενα οικεία ειδικά (άλλως εσωτερικά) ταμεία και διαχειρίζηται γενικώς τα ειρημένα ταμεία~

(ε) ασκή πάσαν άλλην εξουσίαν και εκτελή παν άλλο καθήκον ανατιθέμενον εις αυτήν υπό του παρόντος ή οιουδήποτε ετέρου Νόμου και οιωνδήποτε επί τη βάσει τούτων εκδοθέντων Κανονισμών ή υπό του Υπουργού.

Βorrowing powers of certain governing bodies and saving

26.-(1) Τhe 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.

(2) Nothing in this section shall be deemed to affect any loan contracted by any governing body under the provisions of the Secondary Education (Moslem) Schools Laws, 1920 to 1929, or by any Town Committee under the provisions of the Secondary Education (Greek-Christian) Laws, 1923 and 1929, as the case may be, and any such loan shall be valid and effective and shall be discharged as if this Law had not been passed.

Meetings of governing bodies

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.

(2) No business shall be transacted at any meeting unless more than one-half of the members are present:

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.

(3) All questions coming before a governing body at any meeting shall be decided by a majority of the members present and, in case of an equality of votes, the Chairman of the meeting shall have a second or casting vote.

(4) No act or proceeding of a governing body shall be invalid by reason only of any vacancy in such body.

Vesting of property in certain secondary schools

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.

(2) All such immovable property of every category shall be registered in the books of the District Lands Office in accordance with the preceding subsection unless the same has been acquired by gift or dedication in which case the property shall be held and registered in accordance with the terms of the deed of gift or dedication, if any.

(3) No disposition of such immovable property shall hereafter be made without the authority of the Συνέλευσις.

Λογαριασμοί και έλεγχος αυτών

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.

(2) Έλεγχος των λογαριασμών σχολικής εφορείας μέσης εκπαιδεύσεως δύναται ωσαύτως να διεξαχθή κατά πάντα χρόνον κατά τον καθωρισμένον τρόπον, η δε ρηθείσα σχολική εφορεία υποχρεούται όπως παρέχη πάσαν σχετικήν ευκολίαν.

(3) Σχολική εφορεία μέσης εκπαιδεύσεως παραλείπουσα να υποβάλη τους λογαριασμούς αυτής προς έλεγχον ως προνοείται εν τω εδαφίω (1) ή να παράσχη τας υπό του εδαφίου (2) προνοουμένας ευκολίας και έκαστον μέλος αυτής είναι ένοχοι αδικήματος και υπόκεινται, εν περιπτώσει καταδίκης, εις χρηματικήν ποινήν μη υπερβαίνουσαν τις .25 δι’ εκάστην ημέραν καθ’ ην διαρκεί η εν λόγω παράλειψις.

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

30. Τhe Συνέλευσις may by notice to be published in the Gazette order that no tax, rate or due shall be leviable in respect of the immovable property belonging to or held in trust for any secondary school specified in such notice.

Power to exempt secondary schools from provisions of this Law

31. The Συνέλευσις may, subject to such terms and conditions as to him may seem fit, by order to be published in the Gazette, exempt any secondary school from any of the provisions of this Law.

Penalties

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.

(2) Every member of a governing body which acts in contravention of, or fails or neglects to comply with any of the provisions of sections 4, 5, 9(1) or 17 of this Law shall, unless he proves to the satisfaction of the Court that he was not a party to such contravention, failure or neglect, be guilty of an offence and shall be liable to a fine not exceeding .250.

(3) Notwithstanding anything in subsection (1) of this section contained, it shall be lawful for a teacher employed in any secondary school in existence at the date of the coming into operation of this Law to teach in such school for a period not exceeding one month from such date, and provided that the governing body of the school applies within that period to have the school registered, it shall be lawful for such teacher to continue teaching in such school until a final decision upon the application has been made.

Power to Συνέλευσις to make Regulations

33. The Συνέλευσις may from time to time make Regulations to be published in the Gazette for all or any of the following matters, that is to say-

(a) the form of the Register of Secondary Schools;

(b) the form of application for the registration of secondary schools and any particulars required therein in addition to the particulars specified in section 6 of this Law;

(c) the form of the certificate of registration of secondary schools;

(d) the form of the return required to be made under section 9 of this Law;

(e) the form of the register of secondary school teachers and the particulars to be entered therein;

(f) the form of application for registration as a secondary school teacher and the particulars to be contained therein;

(g) the educational qualifications required for registration as a secondary school teacher;

(h) the form of the licence to teach in secondary schools to be issued under section 20 of this Law;

(i) the matters upon which a governing body may frame regulations under section 25 (e) of this Law;

(j) the manner in and time within which accounts shall be submitted for audit under section 29 of this Law;

(k) the terms and conditions upon which a grant-in-aid may be made to the governing body of a secondary school including the form of application for and the method of computing and paying the same;

(l) generally for the better carrying out of the purposes of this Law.

PART IV - PUBLIC-AIDED SECONDARY SCHOOLS

PART IV PUBLIC-AIDED SECONDARY SCHOOLS
Declaration of Public-aided secondary schools

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.

(2) In the application of sections 46 to 62 of the Elementary Education Law (both inclusive) to paragraph (c) of subsection (1):-

“salary” with respect to any teacher shall include a portion of the cost-of-living allowance paid to such teacher for the time being amounting to twelve and one-half per centum of the salary of such teacher but shall otherwise be exclusive of allowances:

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.

(3) For the purposes of this section, “native of the Δημοκρατία” means a person who was born, or whose father was born, in the Δημοκρατία and who is not recognized by any foreign State as having acquired by his own voluntary act the nationality of such State on or after the 5th day of November, 1914.

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

35. The Συνέλευσις, upon application by the governing body of any secondary school (other than a secondary school to which section 23 or 24 applies) registered under the provisions of this Law and operating as a public school and not for profit may, if satisfied that, having regard to all circumstances, it is desirable so to do, extend to such school the provisions of section 34 with such modifications and further conditions, to be agreed upon by the governing body making the application, as may be set out in the order and, thereupon, section 34 shall apply to such school accordingly.

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.

2. Every teacher on the Register of Public-aided Secondary School Teachers, who is not a native of the Δημοκρατία, οr who, though a native of the Δημοκρατία, is not a πολίτης της Δημοκρατίας, and who has continuous service for a period of not less than three years and is not a member of any non contributory pension or gratuity scheme, may be granted, on his retirement in any of the circumstances set forth in Regulation 3 of these Regulations, or on successful completion of contract, a gratuity of one month’s salary at the rate of the salary such teacher is then receiving, for every year of service.

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.

(2) Where a teacher is removed from his post on the ground of his inability to discharge efficiently the duties thereof, and a gratuity cannot otherwise be granted to him under the provisions of these Regulations, the Συνέλευσις may, if he considers it justifiable having regard to all the circumstances of the case, grant such a gratuity as he thinks just and proper, but in no case exceeding in amount that for which the teacher would be eligible if he were suffering from some infirmity of mind or body likely to be permanent.

4. When a teacher dies while in the service, the Συνέλευσις may, on the recommendation of the Director, award to his dependants a gratuity of an amount not exceeding one year’s salary according to the merits of each case, to be distributed to them in such proportion as the Director, having regard to all circumstances, may deem fit.

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.

5. No teacher shall have an absolute right to a gratuity and where it is established to the satisfaction of the Συνέλευσις that he has been guilty of negligence, irregularity or misconduct the gratuity may be reduced or altogether withheld.

6. No gratuity granted under these Regulations shall be assignable or transferable or liable to be attached, sequestrated or levied upon, for or in respect of any debt or claim whatsoever, other than a debt due to the Government of Δημοκρατία.

7. Any gratuity payable under these Regulations shall be in substitution of, and not in addition to, any gratuity payable under any gratuity scheme operating in the school before it became a Public-aided Secondary School.

8. The Director may at any time require any teacher on the Register of Secondary School Teachers to produce to him proof of age, qualifications and past services in such form as the Director may deem fit.

9. For the purposes of this Schedule the expressions “salary” and “service” shall have the same meaning as in section 34(2) of the Law.

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.

2. Any governing body which wishes the school over which it exercises authority or control to be declared a Public-aided Secondary School shall apply on the form set out in Appendix A to these Regulations.

3. The Register of Public-aided Secondary School Teachers shall contain the following particulars:-

(a) name in full;

(b) nationality;

(c) date of birth (day, month, year);

(d) place of birth;

(e) degree and/or diploma and date it was obtained (giving institution at which obtained, subjects studied, length of course, any other relevant details);

(f) Teacher Training qualifications and details;

(g) annual salary and allowances from date of declaration of school as Public-aided Secondary School;

(h) record of all service of the teacher.

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.

(2) Teachers who are not natives of the Δημοκρατία, or who, though natives of the Δημοκρατία, are not πολίτες της Δημοκρατίας, shall be appointed on contract, and on successful completion of contract, or on retirement, may be paid a gratuity in accordance with the Regulations set out in the First Schedule to the Law.

(3) Temporary teachers shall be paid a salary at the discretion of the Director.

5. Whenever it is necessary to appoint any new teacher after the declaration of the school as a Public-aided Secondary School, the following procedure shall be followed:-

(a) the governing body, in consultation with the Director, shall prepare a statement of particulars of the new post or the vacancy to be filled and the Director shall cause such statement to be published in the Gazette;

(b) the governing body, in consultation with the Director, shall consider all applications received in connection with the publication as aforementioned and submit their recommendations to the Συνέλευσις for his consideration.

6. Every teacher on first appointment to a secondary school which has been declared a Public-aided Secondary School shall be on probation for a period of two years after the completion of which, to the satisfaction of the Director, shall be confirmed in his appointment:

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

7. No teacher shall be required to teach more than thirty hours a week.

8. The governing body shall select from among the teachers of a Public-aided Secondary School one teacher to be the headmaster of the school and also an adequate number of masters (hereinafter referred to as “senior masters”) who shall be responsible, under the headmaster, for the organization of some branch of the school or of the teaching of some subject throughout the school:

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.

9. The headmaster shall be responsible for the supervision of the work of the teachers and pupils and of the internal organization and discipline of the school, and shall not be required to teach more hours than is compatible with the conscientious performance of such duties and, whenever any question arises affecting the appointment, punishment or dismissal of teachers or affecting the internal organization or discipline of the school, he shall be afforded an opportunity of expressing his opinion thereon.

10. The maximum number of pupils to be admitted to each Public-aided Secondary School shall be fixed by the Director due regard being had to the number of qualified pupils seeking admission and the capacity of the school and the teaching staff:

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.

11. Pupils seeking first admission to a Public-aided Secondary School shall to the satisfaction of the Director be examined by the staff of that school on the basis of the elementary school programme of instruction in such subjects studied in the elementary schools as the Director may require and only those will be admitted who appear most likely to benefit from a secondary education.

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.

(2) The selection for free places shall be made by the governing body on the results of the examinations on first admission:

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.

(3) A pupil selected for a free place shall not, thereafter, pay fees unless his record of work becomes so unsatisfactory that he no longer deserves a free place, in which case he shall be required to pay a fee and his free place shall be given to another pupil either in that class or in another class.

13. The governing body may, at any time cause the removal from a Public-aided Secondary School of any pupil whose record is such as to indicate that he is not likely to derive further benefit in the school and that his presence in the school impedes progress of the other pupils.

14. The number of pupils taught together at one time shall not exceed fifty.

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.

(2) Standing orders made under this Regulation shall be subject to the approval of the Director and a copy shall be exhibited in a conspicuous place on the school premises for the information of all teachers and pupils at the school.

16. A copy of these Regulations and a list of the names and addresses of all members of the governing body shall be kept on the premises of every Public-aided Secondary School.

17. Any governing body aggrieved by the decision of the Director upon any matter arising out of these Regulations may, within fourteen days from the date of the notification of such decision, appeal to the Συνέλευσις whose decision thereon shall be final and conclusive.

____________

 

APPENDIX A.

(Reg. 2.)

FORM OF APPLICATION.

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.

2. The school is/is not in receipt of a grant-in-aid.

3. Full particulars concerning the teachers now serving in the school are set out on the attached sheets. [One sheet to be completed in respect of each teacher.]

4. The curriculum of the school, showing the number of hours per week devoted to each subject in each class, the outline of what is taught in each year and the textbooks used, is as set out in the attached sheet.

5. The number of pupils now enrolled in the school is as follows:-

 

Boys Girls Total

Class I .. .. ..

,, II .. .. ..

,, III .. .. ..

,, IV .. .. ..

,, V .. .. ..

,, VI .. .. ..

Dated .

(Signatures) .

 

___________

 

APPENDIX B.

(Reg. 4.)

GRADES AND SALARY SCALES.

1. Salaries and allowances of teachers in Public-aided Secondary Schools shall be as follows:-

SCALE
Men Women
(a) Grade “A” (teachers with University Degree and Teacher Training) .. .. .. .. .570X18-660 .510X18-600;
(b) Grade “b” (teachers with University Degree only) .. .. .. .480X18-570 .420X18-510
(c) Grade “c” (teachers with Training only) .. .. .. .. .350X15-500 .305X15-425

2. A cost-of-living allowance at the prevailing rate for public officers shall be payable to all teachers in Public-aided Secondary Schools.

3. Special allowances shall be payable to headmasters and senior masters at the following rates:

(a) headmasters: .30 for every hundred pupils or part thereof in excess of fifty;

(b) senior master: .10 for every hundred pupils or part thereof in excess of fifty;

4. For the purposes of this Appendix-

(a) teachers with University Degree shall be teachers:-

(i) with a university degree or its equivalent gained after satisfactory completion of a continuous and integrated course of not less than three years’ duration;

(ii) with a diploma or certificate gained after completion of a continuous and integrated course of not less than three years’ duration in commercial subjects, to the satisfaction of the Director; or

(iii) with a diploma or certificate gained after completion of a continuous and integrated course of not less than three years’ duration in Art, Music, Physical Training or any subject of a secondary school’s curriculum not covered by the courses in (i) and (ii) above, to the satisfaction of the Director;

(b) teachers with Teacher Training shall be teachers:-

(i) with a Teacher’s Training Certificate gained after completion of a full-time course of training of not less than two years’ duration in a Teachers’ Training College, to the satisfaction of the Director;

(ii) with a diploma in Teaching or its equivalent gained after completion of a post-graduate course of training of not less than one year’s duration, to the satisfaction of the Director; or

(iii) who have completed, to the satisfaction of the Director, such course or series of courses of training as the Director may prescribe.

 

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.

(2) Οιαδήποτε διάταξις των περί Στοιχειώδους ή Μέσης Εκπαιδεύσεως Νόμων, Κεφ. 166 και 169, αντιβαίνουσα προς οιανδήποτε διάταξιν του παρόντος Νόμου, καταργείται.”

2. Τα άρθρα 9 και 10 του περί Στοιχειώδους Εκπαιδεύσεως (Τροποποιητικού) Νόμου του 1970, Ν. 69/70, προνοούν τα ακόλουθα:

“9. Ο περί Στοιχειώδους και Μέσης Εκπαιδεύσεως (Τροποποιητικός) Νόμος του 1962 της Ελληνικής Κοινοτικής Συνελεύσεως καταργείται.

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.

(2) Πάσα εν τω περί Μέσης Εκπαιδεύσεως Νόμω, ως ούτος ετροποποιήθη υπό του περί Μέσης Εκπαιδεύσεως (Τροποποιητικού) Νόμου του 1970, αναφορά εις διάταξιν του περί Στοιχειώδους Εκπαιδεύσεως Νόμου εντιθεμένην ή τροποποιουμένην διά του παρόντος Νόμου ερμηνεύεται τηρουμένων των διατάξεων του εδαφίου (1), άνευ επηρεασμού παντός γενομένου ή μη γενομένου προ της δημοσιεύσεως του παρόντος Νόμου εν τη επισήμω εφημερίδι της Δημοκρατίας.”