Exira No. 10 REGISTERED NO. G/GNR/Z LGB LEELE] The Gujarat Government Basette EXTRAORDINARY PUBLISHED BY AUTHORITY T —— R b R P i oy, नम दया Vol. XXV) WEDNESDAY, MARCH 7, 1984/PIIALGUNA 17, 1903 Separate paging is given fo this Part in order that it may be filed as a separate Compilation PART 1Y Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor, The following Act of the Cujaret Tecilata पलट फल asceniod 10 Dy the Governor on the 3rd Mavel, 1984 is पल published fip goneral infor- mation, I, 3L SATWANT, Soeretary to the Goverament of Gujerat, Logal Deparinent, GUJARAT ACT NO. 7 of 1984. (First published afier having received the assoni of the Crivernor in she “Gujarat Government Gazette” on the Tth Mech, 1984), An Act to provide for recognition of educationsi fnsinnions extabliched snd maintained for conducting courses of instruction lrrding to want of esriin certificates in the State of Gujarat and for masters connceted therewith It is hereby enacted in the Thirty-fifth Year of the Republic of India as follows पल L (1) This Act may be called the Gujarat Edueational Institutions [पहन gulation) Act, 1984 Short tithe, extent and पाए एन एप (2) It extends to the whole of the State of Gujarat, want: (3) Tt shall be deemed to have come into force on the 18th January, 1984, =1 V-EX,,-10-1
Diefinitione, Rostrictinn on eatu- hlishment or maintenaneo af cduca- tional ip-ti- tution. 12 GUIARAT GOVERNMENT GAZLETTE, EX., 7-3-8¢ {PART 1V 2. In this Act, unless the context otherwise requires,— (@) ““Board” means the Gujarat State Examination Board cstablished by the State Government; ‘ (6) “cducational institution” means an educational institution conduct- ing courses of instruction leading to grant of a Scheduled certificate; (r) “existing educational institution” means— {{} an edueational institution established before the commencement of this Act and mamtained at such commencemoent; {#2) an eduecational institution established before a certificate leading to the grant of which such educational institution provides courses of in- struction is specified in the Schedule by issue of a notification under sec- tion 4 and maintained at the issue of such noiification ; {(d) “prescribed” means prescribed by rules made under this Act; (¢} “rules” mecans the rules made under this Act ; (fy “Scheduled certificate” means any ecertificate specified in the Schedule, 3. () Nopersonother than the State Government shall efter the commence- ment of thiz Act establish and maintain any educational institution or mwaintain an existing educational nstitution unless such edueational institution is recognised under this scction. {2) {#) Any person desiring {0 estoblish and maintain an educational in- stitution or, as the case may be, to maintain an existing educational insti- tution may make an application to the Director of Primary and Adult Edu- cation, Gujarat State or an officer authorised by the State Government m this behalf (hereinafter referred to as “the authorised officer”) in such form and on payment of such fees as may he preseribed : 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 appli- cation under this sub-section : Provided further that where a person referred to in the fivst proviso makes an application within the period specified in that proviso, such person shull be deemed to have been authorised to maintain the existing educational in- stitution in respect of which such application has been made, till the day on which the rccognition is granted or, as the case may be, refused, as if such existing educational institution was recognised for such period under this Act.
PARF 1IV] GUJARAT GOVERNMEXNT GAZETTE, EX., 7.3.84 10-3 (6) The person making an application for recognition under clause () shall satisfy the officer to whom such application is made that,— (s) the educational institution in respect of which such application is inade 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 : (#) such other requirements connected with the recognition of the edu- cational institution, as may be prescribed. (3) On receipt of an application made under sub-seetion (2), the Direetor or, as the case may be, the authorised officer shall consider and make an inquiry in respect of the need of the educational institition and such other matters as may be deemed necessary and relevant, in such manner as may be prescribed and thercafter decide within a period of thrce months from the date of receipt of such application as to whether the cducational institution may be recognised or the application for recognition be rejected. (4) The Dircetor or the authorised officer may while recognising an cduea- tional institution hnpose such of the preseribed conditionsin relation to such educational institution as he thinks पिएं, (5) Every recogmised educational institution shall be given a certificate of recognition in the prescribed form. (%) (¢) Where the Dirvector or, as the case may he, the authorised officer js satistied cither on & reference made to him in this behalf or otherwise that the recognition of any educational institution has been obtained by mis-epresen- tation as to an cssential fact and therefore requires to he withdrawn, the Director or, as the ease may be, the anthorised officer, may, after giving an ypportunity, to the person in charge of the management of the educational institution, of being heard, withdraw the recognition, () Where any per=on in charge of the management of a recognised educa- tional institution has been after duc inquiry in the preseribed mannor by the Divector or the anthorised officer found to have committed default in carry- ing out any of the obligations imposed on such person under this Act or the raules or any instructions issued to him by the State Government, the Director or, as the case may be, the avthorised officer, the Dircctor or, us the ecase may he, the authorised officer shall after giving to sueh person an opportunity of being heard, withdraw the vecognition of the educational institution for such period as he deems fit or permanently. (7) Any person aggrieved by the decision of the Dircctor or the authorised officer under sub-scetion (8) or sub-section (6} may within a periad of one month from the date on which the decision is communicated to him appeal to the State Government and the State fovernment shall decide the a ppeal within tw, months from the date of the presentation of the petition of appeal and the decision in such appeal shall be final,
I'ower 0 add to Behe- dule. Right tn zendl eandidates for rxamingl o by DBoard. Admission of atydents (शा, recognised elueational fusbit i, Appointment of Inspeciors and their 1 PWers. 104 GUJARAT GOVERNMENT GAZETTE, EX., 1-3-84 [PART [V (§) The State Government may, on sufficient cause being shown direot at ताप time that the recognition of the educational nstitution which has heen 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 cducational institution 1s withdrawn under sub-section (6) the certificate of recognition issued in relation to such oducational 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 eancellation of certificate of recognition shall be published by the Dircctor or, as the case may be, the authoris-1 officer in the Officiel Cazelte and in such news papers as the Director or the authorised officer may select. & () Where the State Government is of the opmion that the establi- shiment and maintenauce of educational institutions for conducting courses of instruction leading to the grant of a certifieate should he regulated by this Aet it may by notifieation in the Official Uuzelte add to the Schedule such cortificate and thercupon the Schedule shail be deemed to have been amended accordingly. (2) Lvery notification issued under sub-section (I) shall be laid for not less than thivty days before the State Lepislature as soon as possible after it is issned and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make, during the session in which it is 80 laid or the session immadiaicly following. Any teseission or wodification s0 made by the State Legislature shall be published in the Official Guzeffe and shall thercupon take effect. 5. No cduecational institution shall be entitled to send candidates to an examination held by the Board for grant of a Scheduled eertificate unless such cducational iustitution 1s recognised under this Act. 6. No rec_ogn_iscd_ educntiona'l institution shall admit any student in the cducational iustitution except in accordance with the rules made in this एस, 7. (1) The State Government may by notification in the Official Gazette appoint such persons as possess the preseribed qualification to he Inspectors for the purpose of this Act and may assign to them such local hmits as it may think fit. (2) No person shall be appointed under sub-section (I} or having heen so appointed, shall continue to hold office, who is or hecomes direetly or पान diveeily interested in an cducational instituion o in the courses of instruotion condueted by it.
PART 1V} GUJARAT GOVERNMENT GAZETTE, EX., 7-.3.84 10.5 (3) Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is appointed ,— {(6) enter, with such assistants Deing persons in the service of the Government, as he thinks fit, any place which is used, or which he has reason to believe is used as an edueational institution, (b) require the produciion of any document rclating to vhe educational institubion and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this Act, {¢) exoercisc such other powers as may be preseribed for carrying out the purposes of this Act. 8. A person in charge of management of every recognised educational insti- tution shall furnish such information as the Director of Primary and Aduls Edueation, Gujarat State or any officer authorised by the State Government in this behalf, may require for the purposes of this Act. 9. (I) Whoever contravenes provisions of sub-section () of section 3, shall be punishable with imprisonment for & term whick may extend to two years and if the offence is a continuing one with a daily fine not exceeding two hundred rupecs during the period of continuance of the offence. (2) Whoever contravenes any of the provisions of this Aet (other than sub-section (I) of section 3) or of any rule, or any of the conditions inposed under this Act or fails to comply with any order or requisition issued under this Aet or any rule or condition, shall be punishable with mprisonment for a term which niay extend to one year, and with fine which may extend to five thousand rupees and if the offence is a continuing one with a daily fine not exceeding one hmndred rupees during the period of continuance of the offence, 10. (I) Where an offence under this Act has heen committed by a company, every person who ai the time the offence was committed was responsible to the company for the conduct of its business as well as the company, shall be deemed to be guilty of the offence and shall be liable to be procceded against and punished accordingly : ' Provided that, nothing contained in this sub-section shall re person liable to any punishment, if he proves that the offence was conunitted withous his knowledge or that he exercised all due deligence to prevent the commission of such offence. nder any such (2) Notwithstanding anything contained in sub-section ( 5y where any offence under this Act has been committed by a company and it js proved that the offence has been committed with the consent or connivance of, or ia attributable to any neglecs on the part of any dircctor, manager, secretary or other officer of the eompany, such director, manager, secretary or other officer of the company shall also be deemcd to be guilty of that~ offence and shall be ltable to be proceeded against and punished accordingly. Ezplanation.—For the purposces of this scetion— {¢) ‘company’ means any body corporate and include association of individuals, and {b) ‘director’ in relation to a firm means a partner in the कील, s a firm or other Roports, Penalty. Offonco by companies,
Certain offonces to be cognizable. Protection of action talon in this Act, Power to maks rules. 19:6 GWJARAT GOVERNMENT GAZETTE; EX., T-3-84 [PART IV 1f. Notwithstanding anything contained in the Gode of Crimina} Procedure, 1973, all offences under this Act shall be cognizable: 12, No suit, prosccution or other legal proceeding shell lie against the State Government, the Direetor of Primary and Adult Education, Gujarat State orany Officeror servant of the State Government for anything which is in geed faith done or purported or intended to he done in pursuance of this Act, rules or conditions imposed under this Act. 13. (f) The State Government may, by retification in the Official Gazetre, and subject to the condition of previcus publication, make rules for CAITYing out the purposes of this Aect. (2) In particular and without prejudice to the generality of the foregoing power, such rules may be made for all or any of the following purpos s, namely:— (¢} the form in which and the fees on the payment of which an appii- cation may be made uader एड (को of sub-section (2) of section 3; () other requirements connected with the recognition of the educatienal inabitution under sub-clanse (¢2) of clause (b) of sub-section () of sectien 3; (¢) the manner in which an inquiry shall be made by the Director (गए the authorised officer under sub-section (3) of scetion 3; (@) the conditions including conditions as to the fype of the building and number, qualifications and conditions of service of teaching and nen teaching staff, which may be inposed in relation to an educational nstitw tion while recognising such institution under sub-section (4) of section 3; (¢) the form in which a certificate of recognition shall be given under sub gsection {(4) of section 3; (f) the manner in which the inquiry may be made by the Direetor or the suthorised officer under clause (b)) of sub-section (6) of scction 3; {g) the conditions on which and the fecs on the payment of which recog- nition may be restored under sub-section {5) of section 3; () rules for admission of students in recognised edncationl institutions under section 6 ; (i) the qualifications to be possessed by persons to be appoirted as Inspe- ctors under sub-section () of section व; {f) the rules subject to which an Inspector may exercise powers specifind in sub-section (3) of scction T and other powers which may be exereiscd by an Inspector under clause {c) of the said sub-seetion (3); {k) any other matcer which is to he or may be preserilied under this Act. 2 of 1974,
PART 1vi GUJARAT GOVERXMENT GAZRTTI, EX., 7-3-84 10-7 (3) Al rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to rescission by the State Legislature or o such modifications as the State Legislature may make during the session in which they are so laid or the session immediately folkrwing, (4) Any rescission or medification so made by the State Legislature shall be published in che Official Gazette and shall thereupon take effect. 14. Notwithetanding anything contained in the second provise to clause(g) of sub-section {£) of seciion 3, no existing cducational institution maintained by a person d2emed o have heen authoriscd vnder the said second proviso shall be entitled to send candidates to an examination to be held by the Board in the accdemie year of 1983--84 and thercaiter, unless such existing cdueativnal institution is reeciving aid out of State funds. Gni. 15, (I} The Gujarat Educational Institutions (Regulation} Ordinance, 1984 0४.1 s hereby repesled. 1984, Notwi . . . (2) Notwithstanding such repeal anything done or any action taken under the said Ordinance, shall be deemed to have been done or tsken under this Act. SCHEDULE (See scction 2 (f) ) Curtificates leading to which the edueational inctitutions conduct courses of Instructions. 1) Pre-primary Teachers Certificate. 1 ] (2) DPrimary Teachers Cuottificate. PRINTED) AT THE GOVERNMENT CENTRAL PRESS. GANDHINAGAR. Transitory provision. Repeal and snvings,