SCHOOLS) ACT, 1959
The Punjab Local Authorities (Aided Schools) Act, 1959
1. Short title, extent and commencement
- (1) This Act may be called the Punjab Local Authorities (Aided Schools) Act, 1959.
- (2) It extends to the whole of the State of [Haryana.]
- (3) It shall be deemed to have come into force on the 1st day of October, 1957.
2. Definitions
In this Act, unless the context otherwise requires,—
- (a) "aided school" means a school under the management of a Municipal Committee or a District Board receiving aid from the State Government ;
- (b) "local authority" means a Municipal Committee under the Punjab Municipal Act, 1911, or a District Board under the Punjab District Boards Act, 1883 ;
- (c) [* * * *]
- (d) "school" includes the land, buildings, play-grounds and hostels of the school and the movable properties such as furniture, books, apparatus, maps and equipments pertaining to the school.
3. Power of Local authorities to transfer management and control of aided schools to State Government
- (1) A local authority may pass a resolution to transfer the management and control of aided schools to the State Government and communicate the same to the State Government.
- (2) On receiving such a resolution, the State Government may direct that the aided schools shall be taken over under its management and control and there after all right and interests including the right of maintenance, management and control shall be transferred to and vest in the State Government and the rights and interests of the local authority in respect of such schools shall cease.
4. Power to withdraw grant-in-aid
The State Government may withdraw the grant-in-aid from any local authority in respect of aided schools if the resolution mentioned in section 3, has not been passed and communicated to the State Government within a period of three months from the date on which this Act is published in the Official Gazette.
5. Power to take over aided schools where local authority neglects to perform duty
Whenever the State Government is satisfied that a local authority has neglected to perform its duties in respect of aided schools or that it is necessary in public interest to take over their management for a period not exceeding ten years,it may, after giving the local authority a reasonable opportunity for showing cause against the proposed action, make an order to take over the management : Provided that in cases of emergency, where the State Government is satisfied that such a course is necessary in the interests of the students, it may, without giving such notice, take over the management of such schools after publication of a notification to that effect in the Official Gazette.
5A. Certain Orders under section 5 to remain in force upto 30th September, 1971
Every order made by the State Government under section 5, which expires on the 30th day of September, 1967, shall continue to remain in force up to and including the 30th day of September, [1971] notwithstanding anything contained in that section or in such Order.
6. Amendment of Punjab Acts No. III of 1911 and No. XX of 1882
Where a local authority has passed a resolution under section 3 or the State Government has taken over management of aided schools of a local authority under section 5, the Punjab Municipal Act, 1911, and the Punjab District Boards Act, 1883, shall be deemed to have been amended in the manner specified in the Schedule appended to this Act with effect from the 1st October, 1957.
7. Liability of Local authorities in certain matters to remain unaffected
Nothing contained in this Act shall affect the liability, including the liability in respect of salaries and allowances of the persons employed in or in connection with the aided schools by local authorities before the commencement of this Act for and in connection with the maintenance, management or control of aided schools.
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