Prohibition against imparting primary education by private primary schools without recognition

(1) On and after the commencement of the Bombay Primary Education (Gujarat Amendment) Act, 1986, no person other than the State Government, a School Board or an authorised municipality shall impart primary education through a school unless such school is recognised under this section. (2) Every personto 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 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 and, subject to the provisions of sub-section (4), be entitled to have the school recognised on the fulfilment 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, stands recognised 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 recognised under this section from the date of such commencement and shall continue to be so recognised until such recognition is withdrawn under sub-section (7).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 authorised 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 recognised or the application for recognition be rejected. (5) The Director or the authorised officer may while recognising a school, impose such of the prescribed conditions on the management of the school as he thinks fit. (6) Every recognised school shall be given a certificate of recognition in the prescribed form. (7) Where any person in charge of the management of a recognised school has been after the 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 made under this Act or any instructions issued to him by the State Government the Director or, as the case may be, the authorised officer shall after giving such person an opportunity of being heard, 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 authorised 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, 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. (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