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 
1
THE PRIVATELY MANAGED SCHOOLS AND COLLEGES (TAKING 
OVER) REGULATION 1972 
(118 of 1972) 
1. This Regulation shal l 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 o r] 
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 colleg e 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 c ontravention 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 b y 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) (P unjab 
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 Gove rnment 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, togethe r 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 wit h 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 Pa kistan (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 service s 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 A mendment) 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 Am endment) 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 Colleg es (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 i nstruction 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 c ourt, 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 c ourt 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 purpo rting 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 ma de 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 necessar y 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.