Ο περί Τουρκικής Κυπριακής Εκπαιδεύσεως (Μεταβατικαί Διατάξεις) Νόμος του 1959 (20/1959)

1. This Law may be cited as the Turkish Cypriot Education (Transitional Arrangements) Law, 1959.

2. In this Law, unless the context otherwise requires- "Board" means the Turkish Cypriot Education Board established under section 4;

"Chairman" means the Chairman of the Turkish Cypriot Education Board established under section 4;

"officer" means a person appointed by the Governor under section 7 to be an officer.

3. Notwithstanding anything contained in the Elementary Education Law, the Secondary Education Law, or any other Law or public instrument for the time being in force the provisions of this Law shall have effect for the purpose of enabling the Governor to make necessary transitional arrangements for the elementary and secondary education of Turkish Cypriots pending the transfer of power to the Republic of Cyprus.

4.-(1) There is hereby established a Board of Education for the Turkish Cypriot community of Cyprus, to be known as the Turkish Cypriot Education Board, which shall consist of the following members:- Dr. Husnu Feridum, who shall be Chairman;

Dr. Ali Niyazi Fikret;

Mr. Ramadan Jemil;

Mr. Nebil Nabi;

Mrs. Munife Yusuf;

Mr. Aziz Altay;

Dr. Selchuk Somek.

(2) The Governor may, after considering the recommendations of the Chairman, appoint additional members of the Board, and every such appointment shall be notified in the Gazette.

(3) The Governor may, after receiving the advice of the Chairman, at any time terminate the appointment of any member of the Board, and every such termination shall be notified in the Gazette. Any member of the Board may at any time by notice in writing to the Chairman resign from the Board. In case the number of the Board shall fall below seven, owing to the death, resignation, permanent absence or incapacity, or termination of appointment of any member, the Governor may, in the manner provided for in the preceding sub-section, appoint another member to fill the vacancy.

(4) Any person who for any cause has ceased to be a member of the Board shall be eligible for re-appointment.

5.-(1) The Board shall be the central authority for all matters relating to elementary and secondary education (including teacher training) for Turkish Cypriots.

(2) Subject to the provisions of this Law, the Board shall be charged with the general control and supervision of all duties and powers to be performed or exercised by any person or body of persons under the Elementary Education Law and the Secondary Education Law in respect of Turkish Cypriots.

(3) Without prejudice to the operation of section 8 the Board shall have power to do any act or thing necessary or incidental to the purposes mentioned in sub-sections (1) and (2) of this section which a Board of Education for Turkish Cypriot Schools is expressly or by implication authorised to do under the Elementary Education Law as modified by this Law, and to this end references in the Elementary Education Law to the Board of Education for Turkish Cypriot Schools shall, except as otherwise provided in the following sub-section and in section 10, be construed as if they were references to the Board.

(4) From the commencement of this Law section 3 of the Elementary Education Law, in so far as it provides that the Governor shall be the central authority for all matters relating to elementary education in Cyprus and be charged with the control and supervision thereof, shall cease to have effect in relation to the elementary education of Turkish Cypriots, and the reference to Boards of Education in paragraph (b) of sub-section (1) of section 4 of the said Law (which empowers delegation by the Governor) shall be construed as having no application in the case of the Board.

(5) The Chairman may, if thereunto authorised by resolution of the Board, do or perform such acts or things as may under the provisions of this Law or any regulations made thereunder be done or performed by the Board.

(6) Nothing in the foregoing provisions of this section shall derogate from the powers and duties expressly conferred or imposed upon the Governor or any person or persons by the Elementary Education Law and the Secondary Education Law in relation to the education of Turkish Cypriots, which powers and duties shall, to the extent that they are not dealt with under section 8 of this Law, continue to be exercised and performed by the Governor or such person or persons.

6.-(1) The Board shall elect a Vice-Chairman from its own number, and the Chairman, or, in his absence, the Vice-Chairman, or, in the absence of both Chairman and Vice-Chairman, such member as may be thereunto chosen by vote of the members present, shall preside at meetings of the Board.

(2) The Board shall have power-

(a) to appoint and employ a Secretary and other officials, whether members of the Board or not, for the better discharge of the business of the Board, and to pay them such remuneration as shall be deemed fit;

(b) to invite persons not being members of the Board to attend the meetings or assist the work of the Board in any capacity;

(c) to appoint committees consisting of members of the Board with or without other persons, to conduct, subject to approval by the Board, any business which, in the opinion of the Board, would be better regulated by means of a committee;

(d) to make rules regulating its own procedure, including the convening and conduct of meetings, the business thereat, quorum, right to vote and manner of voting, minutes, and the transactions of committees.

(3) The proceedings of the Board shall not be invalidated by any vacancy in the membership thereof or by any defect in the appointment of a member.

7.-(1) The Board may nominate persons, whether members of the Board or not, as officers to discharge functions under this Law, the Elementary Education Law and the Secondary Education Law. The name of any such person, and the title and terms of his proposed appointment, shall be communicated to the Governor, and the Governor may, after consultation with the Chairman, appoint him an officer, by such designation as he may think fit, for the purpose of the above-mentioned Laws.

(2) Every officer so appointed shall discharge such functions as may be assigned to him by the Board with the approval of the Governor and he shall be liable to perform such duties and entitled to exercise such powers as may be imposed or conferred upon him in accordance with section 8 or any other provision of this Law.

8. The Governor may, after receiving the advice of the Board, make regulations providing for the taking over by the Chairman, the Board, any member of the Board, any officer or any other person or persons of the performance of any of the duties or the exercise of any of the powers imposed upon, or vested in, the Governor-in- Council, the Governor, the Director of Education, any public officer, or any other person or persons under the Elementary Education Law or the Secondary Education Law in relation to the education of Turkish Cypriots, and thereafter in accordance with the tenor of such regulations anything which before the making thereof was required to be done by, to, before, or in respect of, the Governor-in-Council, the Governor, the Director of Education, any public officer, or any other person or persons, under either of the said Laws, shall be done by, to, before, or in respect of, the Chairman, the Board, any member of the Board, any officer, or any other person or persons, as the case may be. Any such regulations may make such modification of the said Laws as may appear to the Governor to be necessary or expedient for the purpose of securing the proper application of this section and the better carrying out of the purposes and provisions of section 3.

9. The power of the Governor to make regulations under section 5 of the Elementary Education Law and the power of the Governor-in-Council to make regulations under section 33 of the Secondary Education Law shall, in so far as appertains to the education of Turkish Cypriots, from the commencement of this Law be exercised by the Governor after receiving the advice of the Board.

10. The Elementary Education Law and the Secondary Education Law shall in their application to the education of Turkish Cypriots have effect subject to the modifications specified in the Schedule to this Law.