[1]THE PRIVATELY MANAGED SCHOOLS AND COLLEGES
(TAKING OVER) REGULATION 1972
(118
of 1972)
[1st
April, 1972]
1.
This Regulation shall come into force at once and
shall have effect notwithstanding anything to the contrary contained in any
other law for the time being in force or in any deed of trust, contract,
agreement or other instrument whatsoever.
2.
In this Regulation, unless there is anything
repugnant in the subject or context,–
(a)
“college” means an institution having intermediate,
degree or post-graduate classes or any combination of two or more such classes;
(b)
“privately-managed college” means a college [2][owned,
maintained or managed] by any personor body other than the Central Government,
a Provincial Government, a municipal committee, a cantonment board and any
other local authority;
(c)
“privately-managed school” means a school [3][owned,
maintained or managed] by any person or body other than the Central Government,
a Provincial Government, a municipal committee, a cantonment board and any
other local authority;
(d)
“school” means an institution imparting education
pertaining to classes lower than the intermediate classes.
3.
4[(1) Except with the
prior permission of the Provincial Government and subject to such conditions as
it may, in the public interest impose, no person who owns or manages any
privately managed college or privately managed school shall close such college
or school or suspend its working or in any manner transfer any property of, or
attached to, such college or school or any interest therein.
(2) Any contract
or agreement made or entered into at any time on or after the fifteenth day of
March 1972, in contravention of the provisions of paragraph (I) shall be void.]
4.
As from the first day of September 1972, all
privately-managed colleges, together with all property attached to them, shall
vest–
(a)
in the Central Government, if they are situated in the
Islamabad Capital Territory; and
(b)
in the Provincial Government, if they are situated in a
Province.
5.
Such privately-managed school as the Central
Government, in the case of a school situated in the Islamabad Capital
Territory, and the Provincial Government in any other case, may, by
notification in the official Gazette issued at any time on or after the first
day of October 1972, specify in this behalf, shall vest in the Central
Government or, as the case may be, in the Provincial Government, together with
all property attached to it.
[4][Provided that
no such notification shall be issued in respect of a privately managed school
unless the Provincial Government is satisfied that such school cannot be run on
a genuinely benevolent, philanthropic or non-commercial basis or is not
maintaining proper standards.]
6.
(1) No person who owns or manages a
privately-managed college or a privately-managed school shall make any change
in the terms of any contract made by him or any of his predecessors with any
person with regard to the premises of such college or school or to any property
attached to it [5][6][except with the prior permission of the
Provincial Government and subject to such conditions as it may, in the public
interest, impose.]
(2) [6][Subject to
the provisions of sub-paragraph (1), any change] made in any contract referred
to in sub-paragraph (I) on or after the fifteenth day of March 1972, shall be
void.
7.
(1) No person who owns or manages a
privately-managed college or a privately-managed school shall–
(a)
employ or engage any person for the purposes of the
college or school, other than a person who was so employed or engaged
immediately before the fifteenth day of March 1972; or
(b)
save as otherwise provided in sub-paragraph (2) [7][or except
with the prior permission of the Provincial Government], change the terms and
conditions of service of any person in his employment immediately before the
fifteenth day of March 1972.
(2) [8][The] teachers
of all privately-managed colleges and privately-managed schools shall be
entitled to [9][such scales
or pay, allowances and other benefits as are not less favourable than those] to
which the teachers of equivalent qualifications, seniority and experience in
the colleges and schools maintained by Government are entitled [10][:]
[11][Provided
that, with the general or special permission of the Provincial Government, any
person may be promoted, employed or engaged on such terms and conditions as may
be approved by the Provincial Government against a newly created post or a
vacancy caused by the retirement, or expiry of the stipulated period of
employment, or termination of service in accordance with the terms and
conditions of his employment, of a person who was employed or engaged before
the fifteenth day of March, 1972.]
8.
No compensation shall be payable to any person
because of his being divested, under or by virtue of this Regulation, of any
privately-managed college or privately-managed school or of any property
attached thereto.
10.
[13][All
rights, properties and assets of any privately managed college or privately
managed school which is vested in the Provincial Government under or by virtue
of this Regulation, shall be the rights, properties and assets of the Provincial
Government.]
12.
The Central Government may, by notification in the
official Gazette, exempt from the operation of all or any of the provisions of
this Regulation any privately-managed college or privately-managed school in
relation to which it is satisfied that it is run on a genuinely benevolent,
philanthropic [15][ or]
non-commercial bases.
[16][12A.The
Provincial Government may prepare a scheme to provide for the re-transfer to
the previous Management thereof of any class of privately-managed colleges and
schools vesting in the Provincial Government by virtue of or under this
Regulation which in its opinion it would be in the public interest to so
re-transfer and may, in accordance with the scheme, by notification in the
official Gazette, direct that a college or school belonging to such class and
specified in the notification shall, on and from such date as may be so
specified, stand re-transferred to the previous Management thereof, subject to
such terms and conditions as the Provincial Government may determine.
Explanation.– In this paragraph,
“previous management” includes the successor or legal representative of the
previous management and, where there is no successor or legal representative,
such person as the Provincial Government may determine.
12B. All
privately-managed colleges and privately-managed schools shall, in their
respective classes, use the same medium of instruction, and follow the same
curriculum in the subject of Islamiyat, as is for the time being laid down for the
comparable classes in the colleges and schools maintained by Government:
Provided that
the provisions of this paragraph in so far as they relate to the medium of
instruction shall not apply to any such college or school in relation to
students who receive instruction therein for the purpose of preparing
themselves for an examination conducted by an institution outside Pakistan.”]
13.
The appropriate Government may, by notification in
the official Gazette, make such rules as appear to it necessary or expedient
for carrying out the purposes of this Regulation.
Explanation.– In this paragraph, “appropriate Government” means,–
(a) in
relation to the Islamabad Capital Territory, the Central Government; and (b) in relation to a Province, the
Provincial Government.
14.
(1) No. Court, including the Supreme Court and a
High Court, shall call in question, or permit to be called in question, any
provision of this Regulation or of any rule or order made or notification
issued or anything done or any action taken or purporting to be made, issued,
done or taken thereunder.
(2) No Court
including the Supreme Court and a High Court, shall grant any injunction or
make any order, nor shall any such Court entertain any proceedings, in relation
to anything done or intended or purporting to be done under this Regulation.
15.
No suit, prosecution or other legal proceeding
shall lie against the Central Government or a Provincial Government or any
other person for anything in good faith done under this Regulation or any rule
or order made or notification issued thereunder.
16.
If any difficulty arises in giving effect to any
provision of this Regulation, the Central Government may make such order, not
inconsistent with the provisions of this Regulation, as may appear to it to be
necessary for the purpose of removing the difficulty.
17.
Contravention of any of the provisions of this
Regulation shall be punishable with rigorous imprisonment for a term which may
extend to three years, or with fine, or with both.
[1]
This regulation was issued by the Chief Martial Law Administrator on 1st
April, 1972, and was published in the Gazette of Pakistan (Extraordinary),
pages 437-39.
[2]
Substituted by the Privately Managed Schools and Colleges (Taking Over) (Punjab
Amendment) Act 1976 (VII of 1976).
[4]
Added by the Privately Managed Schools and Colleges (Taking Over) (Punjab
Amendment) Act 1976 (VII of 1976).
[5]
Ibid..
[6]
Substituted ibid., for the words “All
changes”.
[7]
Inserted by the Privately Managed Schools and Colleges (Taking Over) (Punjab
Amendment) Act 1976 (VII of 1976).
[8]
Substituted for the words “As from the first day of October, 1972, the” by the
Privately Managed Schools and Colleges (Taking over) (Amendment) Order 1983
(Presidents Order No.6 of 1983.)
[9]
Substituted ibid., for the words “The
same scales of pay”.
[10]
Substituted by the Privately Managed Schools and Colleges (Taking Over) (Punjab
Amendment) Act 1976 (VII of 1976).
[11]
Added ibid.
[12]
Deleted by the Martial Law Regulation No.118 (Punjab Amendment) Act, 1973 (X of
1973).
[13]
Substituted by the Martial Law Regulation No.118 (Punjab Amendment) Act, 1973
(X of 1973).
[14]
Deleted ibid.
[15]
Substituted the Privately Managed Schools and Colleges (Taking Over) (Punjab
Amendment) Act 1976 (VII of 1976).
[16]
Inserted by the Privately Managed Schools and Colleges (Taking Over)
(Amendment) Order 1983 (Presidents Order No.6 of 1983).
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