18. No School to be established without obtaining certificate of recognition.—
(1) No school, other
than a school established, owned or controlled by the appropriate Government or the local authority, shall,
after the commencement of this Act, be established or function, without obtaining a certificate of
recognition from such authority, by making an application in such form and manner, as may be
prescribed.
(2) The authority prescribed under sub-section
(1) shall issue the certificate of recognition in such
form, within such period, in such manner, and subject to such conditions, as may be prescribed:
Provided that no such recognition shall be granted to a school unless it fulfils norms and standards
specified under section 19.
(3) On the contravention of the conditions of recognition, the prescribed authority shall, by an order
in writing, withdraw recognition:
Provided that such order shall contain a direction as to which of the neighbourhood school, the
children studying in the derecognised school, shall be admitted:
Provided further that no recognition shall be so withdrawn without giving an opportunity of being
heard to such school, in such manner, as may be prescribed.
(4) With effect from the date of withdrawal of the recognition under sub-section
(3), no such school
shall continue to function.
(5) Any person who establishes or runs a school without obtaining certificate of recognition, or
continues to run a school after withdrawal of recognition, shall be liable to fine which may extend to one
lakh rupees and in case of continuing contraventions, to a fine of ten thousand rupees for each day during
which such contravention continues.
