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  "title": "PRIVATELY MANAGED SCHOOLS AND COLLEGES (TAKING OVER) REGULATION 1972",
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  "text": "THE PRIVATELY MANAGED SCHOOLS AND COLLEGES \r\n(TAKING OVER) REGULATION 1972 \r\n(118 of 1972) \r\nCONTENTS \r\n1. Regulation No. 118 \r\n \r\nTEXT \r\n1\r\nTHE PRIVATELY MANAGED SCHOOLS AND COLLEGES (TAKING \r\nOVER) REGULATION 1972 \r\n(118 of 1972) \r\n1. This Regulation shal l come into force at once and shall have effect \r\nnotwithstanding anything to the contrary contained in any other law for the time being \r\nin force or in any deed of trust, contract, agreement or other instrument whatsoever. \r\n2. In this Regulation, unless there  is anything repugnant in the subject or \r\ncontext,– \r\n(a) “college” means an institution having intermediate, degree or post -\r\ngraduate classes or any combination of two or more such classes; \r\n(b) “privately-managed college” means a college \r\n2\r\n[owned, maintained o r] \r\nmanaged by any person or body other than the Central Government, a \r\nProvincial Government, a municipal committee, a cantonment board \r\nand any other local authority; \r\n(c) “privately-managed school” means a school \r\n3\r\n[owned, maintained or ] \r\nmanaged by any person or body other than the Central Government, a \r\nProvincial Government, a municipal committee, a cantonment board \r\nand any other local authority; \r\n(d) “school” means an institution imparting education pertaining to classes \r\nlower than the intermediate classes. \r\n3. \r\n4\r\n[(1) Except with the prior permission of the Provincial Government and \r\nsubject to such conditions as it may, in the public interest , impose, no person who \r\nowns or manages any privately managed college or privately managed school shall \r\nclose such colleg e or school or suspend its working or in any manner transfer any \r\nproperty of, or attached to, such college or school or any interest therein. \r\n (2) Any contract or agreement made or entered into at any time on or after \r\nthe fifteenth day of March , 1972, in c ontravention of the provisions of paragraph ( 1) \r\nshall be void.] \r\n4. As from the first day of September , 1972, all privately -managed colleges, \r\ntogether with all property attached to them, shall vest– \r\n(a) in the Central Government, if they are situated in the  Islamabad Capital \r\nTerritory; and \r\n                                                           \r\n1This regulation was issued b y the Chief Martial Law Administrator on 1 st April, 1972, and was published in the Gazette of \r\nPakistan (Extraordinary), dated 1.4.1972, pages 437-39. \r\n2Substituted for the words “maintained and”  by the Privately Managed Schools and Colleges (Taking Over) (P unjab \r\nAmendment) Act 1976 (VII of  1976); and published in the Punjab Gazette (Extraordinary), dated 19.40.1976, pages 835 -838, \r\ns.2. \r\n3Ibid. \r\n4Substituted by the Privately Managed Schools and Colleges (Taking Over) (Punjab Amendment) Act 1976 (VII of 1976) ; and \r\npublished in the Punjab Gazette (Extraordinary), dated 19.40.1976, pages 835-838, s.3. \r\n(b) in the Provincial Government, if they are situated in a Province. \r\n5. Such privately-managed school as the Central Government, in the case of a \r\nschool situated in the Islamabad Capital Territory, and the Provincial Gove rnment in \r\nany other case, may, by notification in the official Gazette issued at any time on or \r\nafter the first day of October , 1972, specify in this behalf, shall vest in the Central \r\nGovernment or, as the case may be, in the Provincial Government, togethe r with all \r\nproperty attached to it \r\n5\r\n[:] \r\n \r\n6\r\n[Provided that no such notification shall be issued in respect of a privately \r\nmanaged school unless the Provincial Government is satisfied that such school \r\ncannot be run on a genuinely benevolent, philanthropic or non-commercial basis or \r\nis not maintaining proper standards.] \r\n6. (1) No person who owns or manages a privately -managed college or a \r\nprivately-managed school shall make any change in the terms of any contract made \r\nby him or any of his predecessors with any person with regard to the premises of \r\nsuch college or school or to any property attached to it \r\n7\r\n[except, with the prior \r\npermission of the Provincial Government and subject to such conditions as it may, in \r\nthe public interest, impose.] \r\n (2) \r\n8\r\n[Subject to the  provisions of sub -paragraph (1), any change] made in \r\nany contract referred to in sub -paragraph (1) on or after the fifteenth day of March \r\n1972, shall be void. \r\n7. (1) No person who owns or manages a privately -managed college or a \r\nprivately-managed school shall– \r\n(a) employ or engage any person for the purposes of the college or school, \r\nother than a person who was so employed or engaged immediately \r\nbefore the fifteenth day of March, 1972; or \r\n(b) save as otherwise provided in sub -paragraph (2), \r\n9\r\n[or except wit h the \r\nprior permission of the Provincial Government ,] change the terms and \r\nconditions of service of any person in his employment immediately \r\nbefore the fifteenth day of March,1972. \r\n (2) \r\n10\r\n[The] teachers of all privately -managed colleges and privately -\r\nmanaged schools shall be entitled to \r\n11\r\n[such scales or pay, allowances and other \r\nbenefits as are not less favourable than those] to which the teachers of equivalent \r\n                                                           \r\n5Substituted for the full-stop by the Privately Managed Schools and Colleges (Taking Over) (Punjab Amendment) Act 1976 (VII \r\nof 1976); and published in the Punjab Gazette (Extraordinary), dated 19.40.1976, pages 835-838, s.4. \r\n6Added by the Privately Managed Schools and Colleges (Taking Over) (Punjab Amendment) Act 1976 (VII of 1976) ; and \r\npublished in the Punjab Gazette (Extraordinary), dated 19.40.1976, pages 835-838, s.4. \r\n7Inserted ibid., s.5(a) \r\n8Substituted ibid.,s.5(b), for the words “All changes”. \r\n9Inserted by the Privately Managed Schools and Colleges (Taking Over) (Punjab Amendment) Act 1976 (VII of 1976) ; and \r\npublished in the Punjab Gazette (Extraordinary), dated 19.40.1976, pages 835-838, s.6. \r\n10Substituted for the words “As from the first day of October, 1972, the” by the Privately Managed Schools and Colleges (Taking \r\nover) (Amendment) Order 1983 (Presidents Order No.6 of 1983.) ; and published in the Gazette of Pa kistan (Extraordinary), \r\nPart I, dated 18.5.1983, s.2. \r\n11Substituted ibid., for the words “The same scales of pay”. \r\nqualifications, seniority and experience in the colleges and schools maintained by \r\nGovernment are entitled \r\n12\r\n[:] \r\n \r\n13\r\n[Provided that, with the general or special permission of the Provincial \r\nGovernment, any person may be promoted, employed or engaged on such terms \r\nand conditions as may be approved by the Provincial Government , against a newly \r\ncreated post or a vacancy caused by the retirement, or expiry of the stipulated period \r\nof employment, or termination of service s in accordance with the terms and \r\nconditions of employment, of a person who was employed or engaged before the \r\nfifteenth day of March, 1972.] \r\n8. No compensation shall be payable to any person because of his being \r\ndivested, under or by virtue of this Regulation, of any privately -managed college or \r\nprivately-managed school or of any property attached thereto. \r\n9. \r\n14\r\n[* * * * * * * * * * * *   ] \r\n10. \r\n15\r\n[All rights, properties and assets of any privately managed college or \r\nprivately managed school which is vested in the Provincial Government under or by \r\nvirtue of this Regulation, shall be the rights, properties and assets of the Provincial \r\nGovernment.] \r\n11. \r\n16\r\n[* * * * * * * * * * * *   ] \r\n12. The Central Government may, by notification in the official Gazette, exempt \r\nfrom the operation of all or any of the provisions of this Regulation any privately -\r\nmanaged college or privately-managed school in relation to which it is satisfied that it \r\nis run on a genuinely benevolent, philanthropic \r\n17\r\n[or] non-commercial basis. \r\n18\r\n[12-A. The Provincial Government may prepare a scheme to provide for the re -\r\ntransfer to the previous Management thereof of any class of privately -managed \r\ncolleges and schools vesting in the Provincial Government by virtue of or under this \r\nRegulation which in its opinion it would be in the public interest to so re -transfer and \r\nmay, in accordance with the scheme, by notification in the official Gazette, direct that \r\na college or school belonging to such class and specified in the notification shall, on \r\nand from such date as may be so specified, stand re -transferred to the previous \r\nManagement thereof, subject to such terms and conditions as the Provincial \r\nGovernment may determine. \r\n                                                           \r\n12Substituted for the full-stop by the Privately Managed Schools and Colleges (Taking Over) (Punjab Amendment) Act 1976 (VII \r\nof 1976); and published in the Punjab Gazette (Extraordinary), dated 19.40.1976, pages 835-838, s.6 \r\n13Added ibid. \r\n14Deleted by the Martial Law Regulation No.118 (Punjab A mendment) Act, 1973 (X of 1973) ; and published in the Punjab \r\nGazette (Extraordinary), dated 21.5.1973, pages 757-A to757-C, s.2. \r\n15Substituted by the Martial Law Regulation No.118 (Punjab Amendment) Act, 1973 (X of 1973) ; and published in the Punjab \r\nGazette (Extraordinary), dated 21.5.1973, pages 757-A to757-C, s.3. \r\n16Deleted ibid., s.4. \r\n17Substituted for the word “and” by the Privately Managed Schools and Colleges (Taking Over) (Punjab Am endment) Act 1976 \r\n(VII of 1976) ; and published in the Punjab Gazette (Extraordinary), dated 19.40.1976, pages 835-838, s.7. \r\n18Inserted by the Privately Managed Schools and Colleg es (Taking Over) (Amendment) Order 1983 (Presidents Order No.6 of \r\n1983) ; and published in the Gazette of Pakistan (Extraordinary), Part I, dated 18.5.1983, s.3. \r\nExplanation.– In this paragraph, “previous management” includes the successor or \r\nlegal representative of the previous management and, where there is no successor \r\nor legal representative, such person as the Provincial Government may determine. \r\n12-B. All privately-managed colleges and privately -managed schools shall, in their \r\nrespective classes, use the same medium of instruction, and follow the same \r\ncurriculum in the subject of Islamiyat, as is for the time being laid down for the \r\ncomparable classes in the colleges and schools maintained by Government: \r\n Provided that the provisions of this paragraph in so far as they relate to the \r\nmedium of instruction shall not apply to any such college or school in relation to \r\nstudents who receive i nstruction therein for the purpose of preparing themselves for \r\nan examination conducted by an institution outside Pakistan.] \r\n13. The appropriate Government may, by notification in the official Gazette, make \r\nsuch rules as appear to it necessary or expedient  for carrying out the purposes of \r\nthis Regulation. \r\nExplanation.– In this paragraph, “appropriate Government” means,– \r\n(a) in relation to the Islamabad Capital Territory, the Central Government; \r\nand \r\n(b) in relation to a Province, the Provincial Government. \r\n14. (1) No c ourt, including the Supreme Court and a High Court, shall call in \r\nquestion, or permit to be called in question, any provision of this Regulation or of any \r\nrule or order made or notification issued or anything done or any action taken or \r\npurporting to be made, issued, done or taken thereunder. \r\n (2) No c ourt including the Supreme Court and a High Court, shall grant \r\nany injunction or make any order, nor shall any such court entertain any \r\nproceedings, in relation to anything done or intended or purpo rting to be done under \r\nthis Regulation. \r\n15. No suit, prosecution or other legal proceeding shall lie against the Central \r\nGovernment or a Provincial Government or any other person for anything in good \r\nfaith done under this Regulation or any rule or order ma de or notification issued \r\nthereunder. \r\n16. If any difficulty arises in giving effect to any provision of this Regulation, the \r\nCentral Government may make such order, not inconsistent with the provisions of \r\nthis Regulation, as may appear to it to be necessar y for the purpose of removing the \r\ndifficulty. \r\n17. Contravention of any of the provisions of this Regulation shall be punishable \r\nwith rigorous imprisonment for a term which may extend to three years, or with fine, \r\nor with both.",
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