Restriction on establishment or maintenance of educational institution.

(1) No person other than the State Government shall after the commencement of this Act establish and maintain any educational institution or maintain an existing educational institution unless such educational institution is recognised under this section. (2) (a) Any person desiring to establish and maintain an educational institution or, as the case may be, to maintain an existing educational institution may make an application to the Director of Primary and Adult Education, Gujarat State or an officer authorised by the State Government in this behalf (hereinafter referred to as "the authorised officer") in such form and on payment of such fees as may be prescribed : Provided that a person maintaining an educational institution at the commencement of this Act or, as the case may be, at the issue of the notification under section 4 shall be allowed a period of three months from such commencement or, as the case may be, such issue to make an application under this sub-section : Provided further that where a person referred to in the first proviso makes an application within the period specified in that proviso, such person shall be deemed to have been authorised to maintain the existing educational institution in respect of which such application has been made, till the day on which the recognition is granted or, as the case may be, refused, as if such existing educational institution was recognised for such period under this Act. (b) The person making an application for recognition under clause (a) shall satisfy the officer to whom such application is made, that,-- (i) the educational institution in respect of which such application is made shall supply a need in the State having regard to the type of courses of instruction which the educational institution shall conduct and the existing provision for the same type of courses of instruction by other educational institutions in the State ; (ii) such other requirements connected with the recognition of the educational institution, as may be prescribed. (3) On receipt of an application made under sub-section (2), the Director or, as the case may be, the authorised officer shall consider and make an inquiry in respect of the need of the educational institution and such other matters as may be deemed necessary and relevant, in such manner as may be prescribed and thereafter decide within a period of three months from the date of receipt of such application as to whether the educational institution may be recognised or the application for recognition be rejected. (4) The Director or the authorised officer may while recognising an educational institution impose such of the prescribed conditions in relation to such educational institution as he thinks fit. (5) Every recognised educational institution shall be given a certificate of recognition in the prescribed form. (6) (a) Where the Director or, as the case may be, the authorised officer is satisfied either on a reference made to him in this behalf or otherwise that the recognition of any educational institution has been obtained by misrepresentation as to an essential fact and therefore requires to be withdrawn, the Director or, as the case may be, the authorised officer, may, after giving an opportunity, to the person in charge of the management of the educational institution, of being heard, withdraw the recognition. (b) Where any person in charge of the management of a recognised educational institution has been after due inquiry in the prescribed manner by the Director or the authorised officer found to have committed default in carrying out any of the obligations imposed on such person under this Act or the rules or any instructions issued to him by the State Government, the Director or, as the case may be, the authorised officer, the Director or, as the case may be, the authorised officer shall after giving to such person an opportunity of being heard, withdraw the recognition of the educational institution for such period as he deems fit or permanently. (7) Any person aggrieved by the decision of the Director or the authorised officer under sub-section (3) or sub-section (6) may within a period of one month from the date on which the decision is communicated to him appeal to the State Government and 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. (8) The State Government may, on sufficient cause being shown direct at any time that the recognition of the educational institution which has been withdrawn may again 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. (9) Where the recognition of an educational institution is withdrawn under sub-section (6) the certificate of recognition issued in relation to such educational institution shall be deemed to have been cancelled and such person shall forthwith surrender the certificate of recognition to the Director or the authorised officer. The cancellation of certificate of recognition shall be published by the Director or, as the case may be, the authorised officer in the Official Gazette and in such news papers as the Director or the authorised officer may select.