(1) No person shall impart secondary education 2[ or higher secondary education] through a school unles such school is registered under the provisions of this Act;
(2) As soon as may be after the appointed day, the Board shall prepare and maintain thereafter, a register of Secondary Schools in accordance with the provisions of this Act.
3[(2A) As soon as may be after the commencement of the Gujarat Secondary Education (Amendment) Act, 2002, the Board shall prepare and maintain thereafter, a register of Higher Secondary Schools in accordance with the provisions of this Act.]
(3) The register shall include such particulars as may be prescribed.
(4) Every person who desires to impart secondary education 4[or higher secondary education] by establishing a school, shall, on an application in such form and on payment of such fee as may be prescribed, be entitled to have the name of the school entered in the register, subject to the fulfilment of the conditions prescribed by the Board for registration of secondary schools. 5[or, as the case may be, higher secondary schools].
(5) Notwithstanding anything contained in sub-section (4) the name of every secondary school which immediately before the appointed day is a recognised school shall be entered in the register and shall be deemed to have been entered in the register from the appointed day and shall continue thereon until removed under the provisions of this Act.
6[(5A) Notwithstading anything contained in sub-section (4), the name of every higher secondary school which immediately before the commencement of the Gujarat Secondary Education (Amendment) Act, 2002, is a recognised school shall be entered in the register and shall be deemed to have been entered in the register from the date of such commencement and shall continue thereon until removed under the provisions of this Act.]
(6) The Board shall consider and make an inquiry in respect of every such application for registration in such manner as may be prescribed and then decide it within a period of three months from the date of receipt of the application by the Board.
(7) When the register is prepared in accordance with the foregoing provisions, the Board shall publish in the Official Gazette and in such newspapers as the Board may select, a notice stating that the register containing the names of secondary schools 7[and higher secondary schools] entered thereunder upto the date specified in the notice has been prepared.
(8) Every registered schoold shall be given a certificate of registration in the prescribed form.
(9) Where any person in charge of the management of a registered school has been, after due enquiry by the Board in the prescribed manner, found to have committed default in carrying out any of the obligations imposed on such person under this Act or the regulations, or any instructions issued to him by the Board, the Board shall, after giving to such person an opportunity of being heard, direct the name of the school to be removed from the register for such period as may be specified in the direction or to be removed from the register permanently.
(10) Any person aggriewed by the decision of the Board under sub-section (6) or sub-section (9) may, within a period of one month from the date on which such 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.
1. These words were inserted by Guj. 14 of 2002, s. 9 (6).
2. There words were inserted, ibid., s. 9 (1).
3. Sub-Clause (2A) was insertd, ibid., s.9(2).
4. These words were inserted, ibid., s.9(3)(a).
5. These words were inserted, ibid., s.9(3)(b).
6. Sub-Section (5A) was inserted by Guj. 14 of 2002, s. 9(4).
7. These words were inserted, ibid., s. 9 (5).
Prohibition against imparting of secondary education 1[ and higher secondary education] without registration.
1973 : Guj. 18] Gujarat Secondary and Higher Secondary Education Act, 1972 15
(11) The Board may, on sufficient cause being shown, direct at any time that the name of the school so removed shall be re-entered in the register on such condition and on payment of such fee as may be prescribed and on such further conditions as the Board may deem fit to impose.
(12) Where the name of any registered school is removed from the register under sub-section (9) the certificate of registration issued to the penson in charge of the management thereof, shall be deemed to have been cancelled and such person shall forthwith surrender the certificate to the Board or to an officer authorised by the Board in this behalf.
The cancellation of certificate of registration shall be notified by the Board in the Official Gazette and in such newspapers as the Board may select.
(13) The register shall be open to inspection by any person at all reasonable hours in the office of the Board.
32. It shall be the duty of an officer authorised by the Board in this behalf to make additional entries in the register after the date referred to in sub section (7) of section 31 and from time to time to revise all entries and to issue or cancel the certificate of registration in respect of schools in accordance with the provisions of this Act, the regulations and the directions of the Board.
CHAPTER V Taking over Management