PART IV PRESCRIPTION OF SCHOOLS, APPOINTMENT AND QUALIFICATIONS OF TEACHERS AND CLOSING OF SCHOOLS
Prescription of schools and appointment of teachers.

26.-(1) The Governor on or before the 15th day of August in each year shall prescrible for each religious community the towns, villages and groups in which schools shall be in operation during the school year next ensuing, the nature and grade of each school and the names of the teachers to be appointed to each school:

Provided that with regard to schools other Greek-Orthodox or Moslem the prescription by the Governor of schools which shall be in operation during the school year next ensuing shall be a sufficient compliance with this section without any further particulars.

(2) No school attended by children between the ages of four and fourteen ή ετέρας ηλικίας καθοριζομένης διά Κανονισμών δυνάμει του ορισμού της λέξεως “παιδίον” εν τω άρθρω 2 ή δυνάμει του άρθρου 5 shall be opened, maintained, conducted or be in operation in any town or village unless-

(a) such school has been prescribed by the Governor under the provisions of this section or of section 27 of this Law; or

(b) the written authority of the Governor therefor has been previously obtained.

(3) Any person acting in contravention of subsection (2) hereof, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding .250, and in case of a continuing offence to a further fine not exceeding .250 for each day during which the offence continues:

Provided that no prosecution for an offence under this section shall be instituted except by or with the consent of the Attorney-General.

Late prescription of schools or appointment of teachers

27. If for any reason it is not possible to prescribe a school or appoint definitely a teacher for any school for the school year next ensuing by the 15th day of August, the prescription or appointment shall be made as soon thereafter as possible in the manner provided in section 26 of this Law.

Vacancies

28. The Director may fill any vacancy whenever it occurs or make such arrangements in connection therewith as the exigencies of the service may require.

Transfers

29. Teachers may be transferred by the Director from one school to another at any time during the school year according to the exigencies of the service.

Interdictions

30.-(1) The Director may interedict from his duties any teacher whose conduct may appear to him prejudicial to the interests of the school in which he is teaching or of the religious community interested in such school, and may provide a substitute for the performance of his duties:

Provided that such interdiction shall immediately be laid before the Governor.

(2) A teacher who has been interdicted shall, pending consideration of his case by the Governor, receive one-half of his salary. If the Governor decides not to take any action against such teacher as in section 31 of this Law provided, such teacher shall be entitled to the full amount of salary which he would have received if he had not been interdicted:

Provided that a teacher who is interdicted on account of his conviction on a criminal charge or who, while under interdiction is convicted of a criminal charge shall receive no salary from the date of his conviction pending consideration of his case by the Governor.

Dismissal, etc

31. The

Governor may in the case of misconduct, neglect of duty, inefficiency or of conduct which appear to the Governor to be prejudicial to the interests of education, religion, good government or social order in the Δημοκρατία, order the dismissal, withholding of salary or suspension of any teacher from employment as a teacher for such period as may seem just and may revoke any such order:

Provided that in every such case where the teacher has not been convicted on a criminal charge the grounds of intended dismissal, withholding of salary or suspension are stated in writing and communicated to the teacher in order that he may have full opportunity of exculpating himself, and that the matter is investigated by the Governor with the aid of the Director.

Permanent Staff Register

32.-(1) The Director shall keep a register of teachers, (in this Law referred to as “the Permanent Staff Register”) wherein he shall enter or cause to be entered in separate sections the names of-

(a) Greek-Orthodox teachers,

(b) Moslem teachers, and

(c) teachers other than Greek-Orthodox or Moslem.

(2) The Director shall remove or cause to be removed from the Permanent Staff Register the name of any teacher who-

(a) has died,

(b) has retired,

(c) has ceased to possess the qualifications required by this Law or by Regulations in that behalf, or

(d) for any reason has ceased to be employed under this Law.

Continuance of salary

33.-(1) Subject to the provisions of subsection (2) hereof any teacher on the Permanent Staff Register unemployed in any year, except owing to suspension or dismissal or to refusal to accept a proposed post, or to absence on study leave or to the abolition of his post, shall continue to receive his salary as if he were employed.

(2) Any teacher may be permitted by the Director, subject to such conditions as the latter may think fit to impose, to act as a teacher in a secondary school or other recognized school for a definite period or to perform temporarily any duty in connection with education or in the service of the Government or of Her Majesty’s Forces; such teacher, whilst so acting or performing such duty, shall continue to receive salary under this Law, such salary to be reimbursed to Government by the institution employing him, together with such additions as may, from time to time, be fixed by the Governor.

Duty allowances

34. The Governor may grant to teacher who act in such senior posts as may be prescribed such duty allowance as may be prescribed.

Special allowances

35. The Governor may prescribe additional qualifications of teachers in respect of which there may be paid such special allowance as may be prescribed, subject to such conditions as he may think fit to impose.

No business or other work, etc., by teachers except with permission

36. 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 of the Director.

Leave

37.-(1) A teacher may be granted sick leave by the Director of such duration and on such terms as may be prescribed.

(2) The Director may grant casual leave to any teacher for special reasons:

Provided that no salary shall be payable for any period by which such casual leave exceeds an aggregate of fourteen days in any one school year.

(3) The Governor may on the recommendation of the Director grant to a teacher study leave for such period and for such educational purposes and subject to such terms and conditions (including the salary, if any, payable during such leave) as the Governor may in each case determine:

Provided that such leave shall not count as service under this Law and shall not be taken into account in the computation of any pension, gratuity, benevolent grant or additional grant unless such teacher-

(a) satisfies the Director that such leave has been utilized for the educational purpose and in accordance with the terms and conditions under which it was granted; and

(b) for a period of not less than one year after the expiration of such leave either serves in any school to which he may be appointed under section 26(1) or section 27 of this Law or with the permission of the Director acts or performs a duty under section 33(2) of this Law:

Provided also that the name of such teacher may be removed from the Permanent Staff Register if the Director is satisfied that such leave has not been utilized for the educational purpose and in accordance with the terms and conditions under which it was granted.

(4) For the purposes of this section-

“salary” shall include any special allowance payable to a teacher.

Temporary teachers

38.-(1) The Director shall keep a register of candidates who are willing to serve as temporary teachers.

(2) The register so kept as aforesaid shall be called the Temporary Staff Register and there shall be separate sections therein for-

(a) Greek-Orthodox;

(b) Moslem; and

(c) other candidates.

(3) In the event of no teacher on the Permanent Staff Register being available, the Director shall, except in so far as may be otherwise provided in any Regulations, select a candidate whose name is on the Temporary Staff Register to fill temporarily any vacancy.

(4) The Director may at any time require any candidate whose name is on the Temporary Staff Register to undergo before him an examination in such subjects of elementary education as he may prescribe, and if such candidate fails in such an examination his name may be removed from the Temporary Staff Register.

Teachers may be required to qualify in certain subjects

39. The Governor may at any time by notice in the Gazette require that teachers whose names appear on the Permanent Staff Register shall qualify and pass within such time as may be specified in such notice an examination in any subject of elementary education, and the name of any such teacher who fails to pass such examination may be removed from the Permanent Staff Register.

Married women

40. No married woman shall be registered on the Permanent Staff Register except by leave of the Governor on the special recommendation of the Director, and the name of any such married woman may in like manner be removed at any time from the Permanent Staff Register.

Qualifications of teachers. Religion

41.-(1) No person shall be registered on the Permanent Staff Register-

(a) as a Greek-Orthodox teacher who is not a member of the Greek-Orthodox Church, or

(b) as a Moslem teacher who does not profess the Moslem faith.

(2) No person shall hereafter be registered as a teacher on the Permanent Staff Register unless-

(a) he has completed twenty years of age, and

(b) he is a πολίτης της Δημοκρατίας, and

(c) he fulfils the requirements prescribed by Regulations in that behalf.

(3) No person shall be registered as a teacher on the Permanent Staff Register in the section thereof relating to teachers of religious communities other than Greek-Orthodox and Moslem, unless, in addition to the requirements prescribed in subsection (2) hereof, his appointment as a teacher has been approved by the Governor.

Teachers on old Permanent Staff Register

42. Teachers whose names are already on the Permanent Staff Register under the Elementary Education Laws, 1929 to 1932, and who in the case of males have not attained the age of sixty years and in the case of females have not attained the age of fifty-five years, shall be entitled to be registered on the Permanent Staff Register under this Law in the sections therein relating to

(a) Greek-Orthodox;

(b) Moslem; and

(c) other teachers,

as the case may be.

Power to Governor to order the closing of schools in certain cases

43.-(1) The Governor shall have power at any time by Order to direct the closing of any school whenever it is shown to his satisfaction-

(a) that teaching of a seditious, disloyal, immoral or otherwise harmful character is being or has recently been imparted in the school; or

(b) that the school premises have been used for purposes subversive to good government or social order in the Δημοκρατία~ or

(c) that the behaviour of the religious community for which the school has been prescribed or any section thereof has been such as to render it impossible for the teacher to carry out his duties; or

(d) that the school is being conducted in a place the sanitary condition of which is detrimental or injurious to the health of the children attending such school or is being kept in contravention of any directions of the Director in that respect.

(2) Upon such an Order being made the school to which such Order refers shall be closed and shall remain closed until such Order has been revoked or cancelled by the Governor.

(3) Any person acting in contravention of any Order made under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding .250 and in case of a continuing offence to a further fine not exceeding .25 for each day during which the offence continues.

Power to close school on outbreak of disease

44.-(1) The Director of Medical Services may at any time by notification in writing direct the closing of any school when in his opinion the outbreak of an infectious or contagious disease renders such closing advisable, and thereupon such school shall be closed and shall remain closed until the Director of Medical Services revokes the notification.

(2) The Director may close any school conducted in a place which has become structurally or otherwise dangerous.

(3) Any person acting in contravention of this section shall be guilty of an offence and shall be liable to a fine of .250, and in case of a continuing offence to a further fine of .25 for each day during which the offence continues.