Section 4 in The Goa, Daman and Diu School Education Act, 1984
4. Power of Government to regulate education in schools.
- [(1) With a view to enable the Government to provide for the planned development of school education in Goa, every individual, association of individuals, Society or Trust, desiring to establish a school or to open additional classes in an existing school, shall, before establishing such school or opening additional classes in an existing school, as the case may be, apply to the Director in writing in such manner and on payment of such fees as may be prescribed.(2)The Director may, after considering the particulars specified in the application made to him and after making such inquiries as he may think fit, permit the individual, association of individuals, Society or Trust by whom the application was made, to establish a school or open additional classes in an existing school, as the case may be, in the zone and the area applied for:Provided that the Director shall, if he is of the opinion that the number of schools existing in the zone or the area where the school is proposed to be established or where additional classes are proposed to be opened, are sufficient to meet the needs of that zone or the area, inform the applicants that the establishing of the school or opening of additional classes in the existing school, as the case may be, in the zone or the area would not be in public interest and may indicate any other zone or area which in his opinion, needs a new school or additional classes, as the case may be, or may reject the application.(3)On and from the date of commencement of the Goa School Education (Amendment) Act, 1998, the establishment of a new school or the opening of a class or section of a class or the closing down of an existing class or any section of an existing class in any existing school in the State of Goa, shall be subject to the provisions of the Act and the rules made thereunder and any school or class or section established or opened otherwise than in accordance with the provisions of the Act or the rules made thereunder shall not be recognised by the appropriate authority.(4)Any person or persons or the Secretary of the Society or the Trust, as the case may be, establishing a school, or opening additional classes in an existing school, without the prior permission of the Director, shall on conviction be punishable with imprisonment for a term which may extend to six months or fine which may extend to fifty thousand rupees or with both, and the school or class so established shall be closed and students readmitted to the nearest school.] [Substituted by the Amendment Act 22 of 1998.](5)[ Notwithstanding anything contained in any law, rules, regulations, decree, order or judgement of any Court, new schools shall be permitted to be established in any part of the State of Goa, if,-(a)in the case of a primary school, no school is functioning within a radius of 1 km. from the proposed school;(b)in the case of High School, no school of that category is functioning within a radius of 3 kms. from the proposed school;(c)in the case of Higher Secondary school, no school of that category is functioning within a radius of 8 kms. from the proposed school:Provided that [* * *] [Inserted by the Amendment Act 26 of 2001.] the restriction as regards distance shall not apply to any category of unaided schools, subject to the condition that such schools fulfil other infrastructural requirements as specified under the Goa, Daman and Diu School Education Rules, 1986, to the satisfaction of the Director and shall not be entitled for any type of Government grant irrespective of their medium of instruction:Provided further that for the establishment of any category of unaided residential school in any part of the State of Goa, the restriction as regards distance shall not apply and such schools shall have to provide all required infrastructural facilities to the satisfaction of the Director. Further such schools shall not be entitled for any type of Government grant irrespective of their medium of instruction. [The permission to establish such school may be granted by the Director after hearing all objections received on the proposal to establish such school.] [Inserted by the Amendment Act 21 of 2006.]](6)[ Notwithstanding anything contained in this section, any permission to establish a new school, which has been provisionally granted before the commencement of the Goa School Education (Amendment) Act, 2006 may be approved subject to the condition that such school fulfills other infrastructural requirements as specified under the Goa, Daman and Diu School Education Rules, 1986, to the satisfaction of the Director. Such school shall not be entitled for any type of Government grant, irrespective of its medium of instruction.] [Inserted by the Amendment Act 21 of 2006.]
