[30th
May, 1970]
An
Ordinance
to provide for the taking
over by Government of High Schools maintained by District Councils and Town
Committees in the Province of 3[the Punjab]
Preamble.— WHEREAS District Councils and Town Committees in the Province
requested that High Schools maintained and run by them be taken over by
Government and it is expedient to do so;
NOW, THEREFORE, in pursuance of the
Martial Law Proclamation of 25th March, 1969, read with the Provisional
Constitution Order and in exercise of all powers enabling him in that behalf,
the Governor of West Pakistan is pleased to make and promulgate the following
Ordinance:-
1.
Short title,
extent and commencement.— (1) This Ordinance may be called the [3][Punjab] Local
Councils High Schools (Taking Over) Ordinance, 1970.
(2)
It shall extend to the whole of the Province of 5[ the Punjab] except the Tribal Areas.
(3)
This section and section 2 shall come into force at
once, and such other provisions of the Ordinance shall come into force in such
areas and on such dates as Government may, by notification in the official
Gazette, specify in this behalf.
2.
Definitions.—
(1) In this Ordinance, unless the context otherwise requires, the following
expressions shall have the meanings hereby respectively assigned to them, that
is to say—
(a)
“District” means a revenue district;
(b)
“District Council” means a District Council constituted
under the Basic Democracies Order, 1959;
(d)
“High School” means a school having classes from 1st to
10th, 6th to 10th or 9th to 10 th;
(e)
“income” means the gross income of a Town Committee minus capital receipts;
(f)
“Local Area” means the area under the jurisdiction of a
Local Council;
(g)
“Local Council” means a District Council or a Town
Committee constituted under the Basic Democracies Order, 1959;
(h)
“local rate” means the share of the District Council in
the local rate levied under section 59 of the Basic Democracies Order, 1959;
(i)
“prescribed” means prescribed by rules;
(j)
“Provident Fund Contribution” means the contribution
which a District Council or a Town Committee makes to the Provident Fund
account of its employees;
(k)
“Students Fund” means fund contributed to by the
students for extra curricular
activities organised for their
benefit;
(l)
“Town Committee” means a Local Council or a Town
Committee Area constituted under the Basic Democracies Order, 1959;
(m)
“tuition fee” means the fee which the students pay to
the school for their studies.
(2)
Any expression used but not defined in this Ordinance
and defined in the Basic Democracies Order, 1959 or the Municipal Administration
Ordinance, 1960, unless the context otherwise requires, shall have the meanings
assigned to them in the said Order or the said Ordinance, as the case may be.
3.
Taking over
of High Schools.— As from the date of enforcement of this Ordinance in any
area, hereinafter referred to as the said date high schools maintained by the
Local Councils shall notwithstanding anything contained in any other law for
the time being in force in that area be under the control of Government and all
rights, authorities and jurisdiction vested in or exercised by a Local Council
in respect of such high schools in that area immediately before the said date,
shall—
(i)
except in so far as may be otherwise provided by or
under the Ordinance or as may be otherwise directed by Government, cease to
vest in and be exercisable by the Local Council ; and
(ii)
vest in and be exercisable by Government in accordance
with the provisions of this Ordinance.
4.
Power to
except any high school in a local area.— Notwithstanding anything contained
in section 3, Government may, by notification in the official Gazette, except
from the operation of the provisions of section 3, such high schools in a local
area as may be specified.
5.
Transfer of
staff and assets.— As from the said date, subject to the provisions of this
Ordinance—
(a)
all properties and assets (including any unspent grants
or unspent part of grants and donations) vesting in a Local Council for the
purposes of high schools shall vest in Government for the purposes of high
schools;
(b)
all teachers including the heads of schools and other
staff employed by a Local Council in connection with the high schools shall
stand transferred for service to, and be employed by, Government on the same
terms and conditions as are applicable from time to time to teachers and staff
of corresponding categories in Government service;
(c)
all rights of a Local Council relating to properties
and assets of high schools shall become the rights of Government:
Provided that
nothing herein contained shall affect the liability of a Local Council in
respect of arrears of pay, leave salary, allowances, contributions to the
General Provident Fund, and other dues of the teachers and other staff
transferred for service to Government under clause (b), rent for the buildings,
and other liabilities relating thereto accrued upto the said date.
6.
Transfer of
funds.— The Students Fund, the Teachers Provident Fund and such other funds
as are raised from the students shall be transferred to Government and be
utilised in the manner in which such funds are utilised in Government schools.
7.
Contribution
by Local Council.— (1) A Local Council shall pay as its share for
maintenance of high schools such percentage of the local rate or income, as the
case may be, as may be prescribed by Government.
(2)
The amount payable by the District Council under
sub-section (1) shall be deducted at source and that payable by the Town
Committee shall be paid in such manner as may be prescribed by Government.
8.
Contribution
towards pension.— A Local Council shall pay to Government such amount as
its contribution towards the pension of teachers and other employees for the
period they served under it as may be prescribed by Government.
9.
Donations
and bequests.— (1) Notwithstanding anything to the contrary contained in
any other law for the time being in force, the property donated or bequeathed
by an individual, a group or an organisation in favour of a Local Council for
the purposes of high schools shall stand transferred to Government on the same
terms and conditions.
(2)
Any liability existing in connection with property
referred to in sub-section (1) before the said date shall be the liability of
the Local Council:
Provided that Government may in its
discretion undertake to meet the liability in respect of the property.
10.
Power to
make rules.— Government may, by notification in the official Gazette, make
rules to carry out the purposes of this Ordinance.
[1] This Ordinance was
promulgated by the Governor of West Pakistan on 30th May, 1970; published in
the West Pakistan Gazette (Extraordinary), dated 30th May, 1970, pages 962-A to
962-D; saved by Article 281 of the Interim Constitution of the Islamic Republic
of Pakistan (1972); and, validated by the Validation of Laws Act, 1975 (LXIII
of 1975).
[2] Substituted, for “West Pakistan”, by the Punjab Laws
(Adaptation) Order, 1974 (Pb A.O. 1 of 1974). 3Ibid.
[4] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb A.O. 1 of 1974), for “Government of West Pakistan”.
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