40A. Prohibition against imparting primary education by private primary schools without recognition. - On and after the commencement of the Bombay Primary Education (Gujarat Amendment) Act, 1986 (Gujarat 24 of 1986), no person other than the State Government, a School Board or an authorsied municipality shall impart primary education through a school unless such school is recognized under this section.
(2)Every person to whom sub-section (1) applies and who desires to impart primary education by establishing a primary school shall, on an application made to the Director of Primary and Adult Education, Gujarat State (hereinafter referred to as "the Director") or any other officer authorized by the State Government in this behalf (hereinafter referred to as "the authorized officer") in such form and on payment of such fees as may be prescribed and, subject to the provisions of sub-section (4), be entitled to have the school recognized on the fulfillment of such conditions as may be prescribed for such recognition.(3)Notwithstanding anything contained in sub-section (2) every private primary school which on the commencement of the Bombay Primary Education (Gujarat Amendment) Act, 1986 (Gujarat 24 of 1986), stands recognized as an approved school by a school board or by the State Government or by an officer authorized by it in this behalf shall be deemed to have been recognized under this section from the date of such commencement shall continue to be so recognized until such recognition is withdrawn under sub-section (7).(4)On receipt of the application made under sub-section (2), the Director or, as the case may be, the authorized officer shall consider and make an inquiry in respect of such application in such manner as may be prescribed and then decide within a period of three months from the date of receipt of the application as to whether the school may be recognized or the application for recognition be rejected.(5)The Director or the authorized officer may while recognizing a school, impose such of the prescribed conditions on the management of the school as he thinks fit.(6)Every recognized school shall be given a certificate of recognition in the prescribed form.(7)Where any person in charge of the management of a recognized school has been after the due inquiry in the prescribed manner by the Director or the authorized officer, found to have committed default in carrying out any of the obligations imposed on such person under this Act or the rules made under this Act or any instructions issued to him by the State Government, the Director or, as the case may be, the authorized officer shall after giving such person an opportunity of being hear, direct that the recognition of the school be withdrawn for such period as may be specified in the direction or be withdrawn permanently.(8)Any person aggrieved by the decision of the Director or the authorized officer under sub-section (4) or sub-section (7) may within a period of one month from the date on which the decision is communicated to him, appeal to the State Government, shall decide the appeal within two months from the date of the presentation of the petition of appeal and the decision in such appeal shall be final.(9)The State Government may, on sufficient cause being shown, direct at any time that the recognition of the school which has been withdrawn, may be restored on such conditions and on payment of such fees as may be prescribed and on such further conditions, as the State Government may deem fit to impose.(10)Where the recognition of a school is withdrawn under sub-section (7) the certificate of recognition issued to the person in charge of the management thereof shall be deemed to have been cancelled and such person shall forthwith surrender the certificate of recognition to the Director or the authorized officer. The cancellation of certificate of recognition shall be published officer. The cancellation of certificate of recognition shall be published by the Director or, as the case may be, the authorized officer in the Official Gazette and in such news papers as the Director or the authorized officer may select.
