Section 33 in The Gujarat Secondary and Higher Secondary Education Act, 1972
33. Taking over management of registered schools.
(1)Notwithstanding anything contained in anything contained in any law for the time being in force, whenever it appears to the State Government that the manager of any registered private secondary school [or registered private higher secondary school] [These words inserted by Gujarat 14 of 2002, dated 6th April, 2002.] has neglected to perform any of the duties imposed on him by or under this Act or the regulations, and that it is necessary in the public interest to take over the management of the school, it may, after giving to the manager of such school a reasonable opportunity of showing cause against the proposed action and after considering the cause, if any, shown by him, take over the management of the school for such period as the State Government may, from time to time fix, so however, that such period shall not exceed five years in the aggregate.(2)Where the management of any school is taken over under sub-section (1) the State Government shall manage the school in such manner as not to curtail any educational facilities which the school afforded immediately before such taking over.(3)Where before the expiry of the period fixed under sub-section (1), the State Government is of the opinion that it is not necessary to continue the management of the school by the State Government, the management of the school shall be restored to the manager of the school, and in any case on the expiry of the period so fixed or at the end of the period of five years referred to in sub-section (1) such management shall stand restored to the manager of the school.(4)Where under sub-section (3) the management of a school is to be restored or stands restored to the manager of the school, the State Government may after making such inquiry, if any, as it deems fit, by order in writing, specify the person (hereinafter in this section referred to as "the specified person") to whom the management and possession of the school shall be handed over, and shall hand over the management and possession of the school to such specified person. Such handing over shall be a full discharge of all liability of the State Government in respect of such handing over but shall not prejudice any right in respect of the school which any other person may be entitled by due process of law to enforce against the person to whom the management and possession of the school is so handed over.(5)Where the specified person cannot be found or has no legal agent or other person empowered to accept the management and possession of the school on his behalf, or the specified person or his legal agent does not accept such management or possession, the State Government shall cause to be published in the Official Gazette a notice declaring that the management and the possession of such school shall be deemed to have been handed over to the specified person and shall also cause such notice to be affixed on some conspicuous part of the building of the school.(6)When the notice referred to in sub-section (5) is published in the Official Gazette,-(a)the property specified in such notice shall, on and from the date of such publication, cease to be subject to the control and management of the State Government,(b)possession of such school and its properties shall be deemed to have been delivered on such date to the person entitled to the possession thereof, and(c)the State Government shall not be liable for any rent, compensation or any other claim in respect of such school and its properties for any period after the said date.(7)Nothing contained in this section shall apply to any educational institution established and administered by a minority, whether based on religion or language.
