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  "title": "PUNJAB LOCAL COUNCILS HIGH SCHOOLS (TAKING OVER) ORDINANCE, 1970",
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  "text": "THE PUNJAB LOCAL COUNCILS HIGH SCHOOLS (TAKING \r\nOVER) ORDINANCE, 1970 \r\n(XV of 1970) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Taking over of High Schools \r\n4. Power to except any high school in a local area \r\n5. Transfer of staff and assets \r\n6. Transfer of funds \r\n7. Contribution by Local Council \r\n8. Contribution towards pension \r\n9. Donations and bequests \r\n10. Power to make rules \r\nTEXT \r\n1\r\nTHE \r\n2\r\n[PUNJAB] LOCAL COUNCILS HIGH SCHOOLS (TAKING OVER) \r\nORDINANCE, 1970 \r\n(XV of 1970) \r\n[30th May, 1970] \r\nAn \r\nOrdinance \r\nto provide for the taking over by Government of High Schools maintained by District \r\nCouncils and Town Committees in the Province of \r\n3\r\n[Punjab]. \r\nPreamble.– WHEREAS District Councils and Town Committees in the Province \r\nrequested that High Schools maintained a nd run by them be taken over by \r\nGovernment and it is expedient to do so; \r\nNOW, THEREFORE , in pursuance of the Martial Law Proclamation of 25th \r\nMarch, 1969, read with the Provisional Constitution Order , and in exercise of all \r\npowers enabling him in that beha lf, the Governor of West Pakistan is pleased to \r\nmake and promulgate the following Ordinance:– \r\n1. Short title, extent and commencement .– (1) This Ordinance may be called \r\nthe \r\n4\r\n[Punjab] Local Councils High Schools (Taking Over) Ordinance, 1970. \r\n(2) It shall extend to the whole of the Province of \r\n5\r\n[the Punjab], except the \r\nTribal Areas. \r\n(3) This section and section 2 shall come into force at once, and such \r\nother provisions of the Ordinance shall come into force in such areas and on such \r\ndates as Government may, by notification in the Official Gazette, specify in this \r\nbehalf. \r\n2. Definitions.– (1) In this Ordinance, unless the context otherwise requires, the \r\nfollowing expressions shall have the meanings hereby respectively assigned to \r\nthem, that is to say– \r\n(a) “District” means a revenue district; \r\n(b) “District Council” means a District Council constituted under the Basic \r\nDemocracies Order, 1959; \r\n(c) “Government” means the \r\n6\r\n[Provincial Government of the Punjab]; \r\n                                                           \r\n1This Ordinance was promulgated by the Governor of West Pakistan on 30th May, 1970; published in the West Pakistan \r\nGazette (Extraordinary), dated 30th May, 1970, pages 962 -A to 962-D; saved by Article 281 of the Interim Constitution of the \r\nIslamic Republic of Pakistan (1972); and, validated by the Validation of Laws Act, 1975 (LXIII of 1975). \r\n2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974), w.e.f. 14.8.1973, \r\nArticle 2 and the Schedule; and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages 1425-A to 1425-PP. \r\n3Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974), w.e.f. 14.8.1973, \r\nArticle 2 and the Schedule; and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages 1425-A to 1425-PP. \r\n4Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974), w.e.f. 14.8.1973, \r\nArticle 2 and the Schedule; and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages 1425-A to 1425-PP. \r\n5Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974), w.e.f. 14.8.1973, \r\nArticle 2 and the Schedule; and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages 1425-A to 1425-PP. \r\n(d) “High School” means a school having classes from 1s t to 10th, 6th to \r\n10th or 9th to 10th; \r\n(e) “income” means the gross income of a Town Committee  minus capital \r\nreceipts; \r\n(f) “Local Area” means the area under the jurisdiction of a Local Council; \r\n(g) “Local Council” means a District Council or a Town Committ ee \r\nconstituted under the Basic Democracies Order, 1959; \r\n(h) “local rate” means the share of the District Council in the local rate \r\nlevied under section 59 of the Basic Democracies Order, 1959; \r\n(i) “prescribed” means prescribed by rules; \r\n(j) “Provident Fund  Contribution” means the contribution which a District \r\nCouncil or a Town Committee makes to the Provident Fund account of \r\nits employees; \r\n(k) “Students’ Fund” means fund contributed to by the students for extra \r\ncurricular activities organised for their benefit; \r\n(l) “Town Committee” means a Local Council or a Town Committee Area \r\nconstituted under the Basic Democracies Order, 1959; \r\n(m) “tuition fee” means the fee which the students pay to the school for \r\ntheir studies. \r\n(2) Any expression used but not defined in  this Ordinance and defined in \r\nthe Basic Democracies Order, 1959 or the Municipal Administration Ordinance, \r\n1960, unless the context otherwise requires, shall have the meanings assigned to \r\nthem in the said Order or the said Ordinance, as the case may be. \r\n3. Taking over of High Schools .– As from the date of enforcement of this \r\nOrdinance in any area, hereinafter referred to as the said date , high schools \r\nmaintained by the Local Councils shall notwithstanding anything contained in any \r\nother law for the time be ing in force in that area be under the control of Government \r\nand all rights, authorities and jurisdiction vested in or exercised by a Local Council in \r\nrespect of such high schools in that area immediately before the said date, shall– \r\n(i) except in so far a s may be otherwise provided by or under the \r\nOrdinance or as may be otherwise directed by Government, cease to \r\nvest in and be exercisable by the Local Council ; and \r\n(ii) vest in and be exercisable by Government in accordance with the \r\nprovisions of this Ordinance. \r\n4. Power to except any high school in a local area .– Notwithstanding \r\nanything contained in section 3, Government may, by notification in the Official \r\nGazette, except from the operation of the provisions of section 3, such high schools \r\nin a local area as may be specified. \r\n                                                                                                                                                                                     \r\n6Substituted for the words “Government of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974), \r\nw.e.f. 14.8.1973, Article 2 and the Schedule; and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages \r\n1425-A to 1425-PP. \r\n5. Transfer of staff and assets .– As from the said date, subject to the \r\nprovisions of this Ordinance– \r\n(a) all properties and assets (including any unspent grants or unspent part \r\nof grants and donations) vesting in a Local Council for  the purposes of \r\nhigh schools shall vest in Government for the purposes of high schools; \r\n(b) all teachers including the heads of schools and other staff employed by \r\na Local Council in connection with the high schools shall stand \r\ntransferred for service to,  and be employed by, Government on the \r\nsame terms and conditions as are applicable from time to time to \r\nteachers and staff of corresponding categories in Government service; \r\n(c) all rights of a Local Council relating to properties and assets of high \r\nschools shall become the rights of Government: \r\nProvided that nothing herein contained shall affect the liability of a Local \r\nCouncil in respect of arrears of pay, leave salary, allowances, contributions to the \r\nGeneral Provident Fund, and other dues of the teacher s and other staff transferred \r\nfor service to Government under clause (b), rent for the buildings, and other liabilities \r\nrelating thereto accrued upto the said date. \r\n6. Transfer of funds .– The Students’ Fund, the Teachers Provident Fund and \r\nsuch other funds as are raised from the students shall be transferred to Government \r\nand be utilised in the manner in which such funds are utilised in Government \r\nschools. \r\n7. Contribution by Local Council .– (1) A Local Council shall pay as its share \r\nfor maintenance of high schools such percentage of the local rate or income, as the \r\ncase may be, as may be prescribed by Government. \r\n(2) The amount payable by the District Council under sub -section (1) shall \r\nbe deducted at source and that payable by the Town Committee shall be pa id in \r\nsuch manner as may be prescribed by Government. \r\n8. Contribution towards pension .– A Local Council shall pay to Government \r\nsuch amount as its contribution towards the pension of teachers and other \r\nemployees for the period they served under it as may be prescribed by Government. \r\n9. Donations and bequests .– (1) Notwithstanding anything to the contrary \r\ncontained in any other law for the time being in force, the property donated or \r\nbequeathed by an individual, a group or an organisation in favour of a Loca l Council \r\nfor the purposes of high schools shall stand transferred to Government on the same \r\nterms and conditions. \r\n(2) Any liability existing in connection with property referred to in sub -\r\nsection (1) before the said date shall be the liability of the Local Council: \r\nProvided that Government may in its discretion undertake to meet the liability in \r\nrespect of the property. \r\n10. Power to make rules .– Government may, by notification in the Official \r\nGazette, make rules to carry out the purposes of this Ordinance.",
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