PRIVATELY MANAGED SCHOOLS AND COLLEGES (TAKING OVER) REGULATION 1972

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THE PRIVATELY MANAGED SCHOOLS AND COLLEGES 
(TAKING OVER) REGULATION 1972
(118 of 1972)
CONTENTS
1. Regulation No. 118
TEXT
1THE PRIVATELY MANAGED SCHOOLS AND COLLEGES (TAKING 
OVER) REGULATION 1972
(118 of 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 person or 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 (1)  
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
1This regulation was issued by the Chief Martial Law Administrator on 1 st April, 1972, and was published in the Gazette of  
Pakistan (Extraordinary), dated 1.4.1972, pages 437-39.
2Substituted for  the  words  “maintained  and”  by  the  Privately  Managed  Schools  and  Colleges  (Taking  Over)  (Punjab  
Amendment) Act 1976 (VII of 1976) ; and published in the Punjab Gazette (Extraordinary), dated 19.40.1976, pages 835-838,  
s.2.
3Ibid.
4Substituted by the Privately Managed Schools and Colleges (Taking Over) (Punjab Amendment) Act 1976 (VII of 1976) ; and 
published in the Punjab Gazette (Extraordinary), dated 19.40.1976, pages 835-838, s.3.
(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 5[:]
6[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  7[except, with the prior  
permission of the Provincial Government and subject to such conditions as it may, in  
the public interest, impose.]
(2) 8[Subject to the provisions of sub-paragraph (1), any change] made in  
any contract referred to in sub-paragraph (1) 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), 9[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) 10[The]  teachers  of  all  privately-managed  colleges  and  privately-
managed schools shall be entitled to  11[such scales or pay, allowances and other  
benefits as are not less favourable than those] to which the teachers of equivalent  
5Substituted for the full-stop by the Privately Managed Schools and Colleges (Taking Over) (Punjab Amendment) Act 1976 (VII  
of 1976); and published in the Punjab Gazette (Extraordinary), dated 19.40.1976, pages 835-838, s.4.
6Added by the Privately Managed Schools and Colleges (Taking Over) (Punjab Amendment) Act 1976 (VII of 1976) ; and 
published in the Punjab Gazette (Extraordinary), dated 19.40.1976, pages 835-838, s.4.
7Inserted ibid., s.5(a)
8Substituted ibid.,s.5(b), for the words “All changes”.
9Inserted by the Privately Managed Schools and Colleges (Taking Over) (Punjab Amendment) Act 1976 (VII of 1976) ; and 
published in the Punjab Gazette (Extraordinary), dated 19.40.1976, pages 835-838, s.6.
10Substituted 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.);  and  published  in  the  Gazette  of  Pakistan 
(Extraordinary), Part I, dated 18.5.1983, s.2.
11Substituted ibid., for the words “The same scales of pay”.
qualifications, seniority and experience in the colleges and schools maintained by  
Government are entitled 12[:]
13[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  services  in  accordance  with  the  terms  and  
conditions of 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.
9. 14[* * * * * * * * * * * *   ]
10. 15[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.]
11. 16[* * * * * * * * * * * *   ]
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 17[or] non-commercial basis.
18[12-A. 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.
12Substituted for the full-stop by the Privately Managed Schools and Colleges (Taking Over) (Punjab Amendment) Act 1976 (VII 
of 1976); and published in the Punjab Gazette (Extraordinary), dated 19.40.1976, pages 835-838, s.6
13Added ibid.
14Deleted by the Martial Law Regulation No.118 (Punjab Amendment) Act, 1973 (X of 1973) ; and published in the Punjab  
Gazette (Extraordinary), dated 21.5.1973, pages 757-A to757-C, s.2.
15Substituted by the Martial Law Regulation No.118 (Punjab Amendment) Act, 1973 (X of 1973) ; and published in the Punjab  
Gazette (Extraordinary), dated 21.5.1973, pages 757-A to757-C, s.3.
16Deleted ibid., s.4.
17Substituted for the word “and” by the Privately Managed Schools and Colleges (Taking Over) (Punjab Amendment) Act 1976  
(VII of 1976) ; and published in the Punjab Gazette (Extraordinary), dated 19.40.1976, pages 835-838, s.7.
18Inserted by the Privately Managed Schools and Colleges (Taking Over) (Amendment) Order 1983 (Presidents Order No.6 of  
1983) ; and published in the Gazette of Pakistan (Extraordinary), Part I, dated 18.5.1983, s.3.
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.
12-B. 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.