PUNJAB LOCAL COUNCILS HIGH SCHOOLS (TAKING OVER) ORDINANCE, 1970

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THE PUNJAB LOCAL COUNCILS HIGH SCHOOLS (TAKING 
OVER) ORDINANCE, 1970 
(XV of 1970) 
CONTENTS 
1. Short title, extent and commencement 
2. Definitions 
3. Taking over of High Schools 
4. Power to except any high school in a local area 
5. Transfer of staff and assets 
6. Transfer of funds 
7. Contribution by Local Council 
8. Contribution towards pension 
9. Donations and bequests 
10. Power to make rules 
TEXT 
1
THE 
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[PUNJAB] LOCAL COUNCILS HIGH SCHOOLS (TAKING OVER) 
ORDINANCE, 1970 
(XV of 1970) 
[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
[Punjab]. 
Preamble.– WHEREAS District Councils and Town Committees in the Province 
requested that High Schools maintained a nd 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 beha lf, 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 
4
[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; 
(c) “Government” means the 
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[Provincial Government of the Punjab]; 
                                                           
1This 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). 
2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974), w.e.f. 14.8.1973, 
Article 2 and the Schedule; and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages 1425-A to 1425-PP. 
3Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974), w.e.f. 14.8.1973, 
Article 2 and the Schedule; and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages 1425-A to 1425-PP. 
4Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974), w.e.f. 14.8.1973, 
Article 2 and the Schedule; and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages 1425-A to 1425-PP. 
5Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974), w.e.f. 14.8.1973, 
Article 2 and the Schedule; and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages 1425-A to 1425-PP. 
(d) “High School” means a school having classes from 1s t to 10th, 6th to 
10th or 9th to 10th; 
(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 Committ ee 
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 be ing 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 a s 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. 
                                                                                                                                                                                     
6Substituted for the words “Government of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974), 
w.e.f. 14.8.1973, Article 2 and the Schedule; and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages 
1425-A to 1425-PP. 
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 teacher s 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 pa id 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 Loca l 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.