Punjab Local Councils High Schools (Taking Over) Ordinance, 1970
LOCAL COUNCILS HIGH SCHOOLS (TAKING OVER) ORDINANCE, 1970
(W.P. Ord. XV of 1970)
C O N T E N T S
1. Short title, extent
3. Taking over of High
4. Power to except any
high school in a local area.
5. Transfer of staff
6. Transfer of funds.
7. Contribution by
9. Donations and
10. Power to make rules.
LOCAL COUNCILS HIGH SCHOOLS (TAKING OVER) ORDINANCE, 1970
(W.P. Ordinance XV of
[30 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 [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;
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
Local Councils High Schools (Taking Over) Ordinance, 1970.
(2) It shall extend to the whole
of the Province of [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
(a) “District” means a revenue
(b) “District Council” means a
District Council constituted under the Basic Democracies Order, 1959;
(c) “Government” means the
Government of the Punjab];
(d) “High School” means a school
having classes from 1st to 10th, 6th to 10th or ;
(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
(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
(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,
(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 ;
(ii) vest in and be exercisable by
Government in accordance with the provisions of this Ordinance.
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
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
(c) all rights of a Local Council
relating to properties and assets of high schools shall become the rights of
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.
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.
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
(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.
Power to make rules.—
Government may, by notification in the official Gazette, make rules to carry
out the purposes of this Ordinance.
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).
for “West Pakistan”, by the Punjab Laws (Adaptation) Order, 1974
(Pb A.O. 1 of 1974).
by the Punjab Laws (Adaptation) Order, 1974 (Pb A.O. 1 of 1974), for
“Government of West Pakistan”.
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