GSHEB Act

 

Chapter 7 Offences And Penalties

41. (1) No manager of a registered private secondary school shall appoint a head-master and no manager or head-master of such school shall appoint a teacher of the school except in the manner provided in section 35.

(2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to one thousand rupees.

42. Any person who contravenes the provisions of sub-section (1) of section 31 or fails to comply with any direction issued by the Tribunal under sub-section (9) of section 39, shall, on conviction, be punished with fine which shall not be less than rupees one hundred and which may extend to rupees one thousand.

43. (1) All particulars contained in a question paper, answer-book, mark-sheet or any other prescribed document relating to the examinations conducted by the Board shall be treated as confidential for such period as may be prescribed in relation to any particulars contained in any such document.

(2) If during the period prescribed in relation to any particulars under sub-section (1), any person having in his possession any document containing such particulars or information about any such particulars -

(a) willfully communicates any such particulars to any person other than a person to whom be is authorised to communicate ; or

(b) uses such particulars in a manner prejudicial to the secrecy thereof; or

(c) retains such document in his possession or control when he has no right to retain it or where it is contrary to his duty to retain it or willfully fails to comply with any direction issued by a lawful authority with regard to the return or disposal of such document ; or

(d) fails or neglects to take reasonable care of, or so conducts himself as to endanger the secrecy of such document, shall be guilty of an offence under this section.

(3) If during the period prescribed in relation to any particulars under sub-section(1) any person voluntarily receives any information about any such particulars, knowing or having reasonable ground to believe, at the time when he receives it that such information is communicated in contravention of this Act he shall be guilty of an offence under this section.

1. Section 40A was inserted by Guj. 25 of 1973, s. 2.

(4) A person guilty of an offence under this section shall, on conviction be punishable with imprisonment for a term which may extend to two years or with fine which may extend to two hundred rupees or with both.

41. (1) No manager of a registered private secondary school shall close down the school at any time during an academic year and without giving notice in writing of his intention so to do to the Board at least six months before the date with effect from which the school is proposed to be closed down.

(2) Any person who contravenes the provisions of sub-section (1), shall, on conviction be punished with fine which may extend to one thousand rupees.