Section 48, The Education Act, 2004

(1) No proceedings shall be instituted against any personin respect of any offence punishable under this Act except by the Minister or in the name of the Minister by a person specially authorised in writing by the Minister in that behalf or, in the case of an offence in respect of a primary school, where such school has been established or opened without the prior written authority of a local authority or a notice under subsection (1) of section 19 has Institution and conduct of proceedings. Inspection of Fees chargable by private been served by a local authority upon the proprietor or manager of such school or where the offence is committed in respect of a demand by a person authorised in that behalf by a local authority under subsection (2) of section 18, or in respect of an inspection of such school by a person authorised in that behalf by a local authority under subsection (5) of section 47 in the name of such local authority, by a person specially authorised in writing in that behalf by such local authority. (2) When any proceedings are brought in respect of an offence punishable under this Act, it shall be lawful for the Minister or the local authority, as the case may be, in writing to appoint any person to conduct such proceedings in Court. (3) Any document purporting to bear the signature of the Minister or of the President, Chairman or Town Clerk of a local authority shall, for the purposes of this section, be received as prima facie evidence in any proceedings without proof being given that the signature to such document is that of the Minister or the President, Chairman or Town Clerk concerned as the case may be. (4) Any officer of the Ministry, appointed in that behalf by the Minister by Government Notice, may institute and conduct legal proceedings in the name of the Minister for the recovery of any fees due in respect of any pupil at any government school. (5) Nothing in this section shall be held to derogate from the powers of the Attorney-General and Minister of Justice in respect of prosecutions or of claims by the Government against private persons.