Chapter III MISCELLANEOUS PROVISIONS

No civil court shall have jurisdiction in respect of any matter in relation to which the State Government or the Director is empowered by or under this Act to exercise any power, and no injunction shall be granted by any civil court in respect of anything which is done or intended to be done by or under this Act.

No suit, prosecution or other legal proceedings shall lie against the State Government or the Director for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.

Without prejudice to any other action, that may be taken under any other provision of this Act, the failure to carry out any orders of the Educational Tribunal or of any direction of the Director under this Act, the State Government may take such action as it may think fit including stoppage of the grant-in-aid.

Any person who entrusted with the management of the affairs of a privately managed recognised school omits or fails, without any reasonable excuse to carry out any orders made by the Educational Tribunal shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both.

(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed, without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributed to, any neglect on the part of any director, manager, secretary or other office of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. - For the purposes of this section. - (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director" in relation to a firm, means a partner in the firm.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may by order not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.

(1) The State Government may, by notification and subject to the condition of previous publication, make rules with prospective effect and with retrospective effect for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: - (a) the minimum qualifications for, and method of recruitment, and terms and conditions of service of employees; (b) the Code of Conduct for the employees and the disciplinary action to be taken for the violation thereof; (c) the terms and conditions of service of Presiding Officer of the Educational Tribunal; (d) any other matter which is to be, or may be, prescribed under this Act. (3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the sessions aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect, only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(1) The Punjab Aided Schools (Security of Service) Act, 1969, is hereby repealed. (2) Notwithstanding such repeal, - (i) anything done or any action taken under the Act so, repealed shall be deemed to have been done or taken under the corresponding provisions of this Act; (ii) any case pending before the Deputy Commissioner under sub- section (2) or sub-section (4) of section 3 of the Act so repealed shall stand transferred to and be dealt with by Director in accordance with the provisions of the Act so repealed and the rules made thereunder as if he were the Deputy Commissioner; (iii) until the Educational Tribunal is constituted under this Act, the Commissioner of a Division shall be deemed to be a Educational Tribunal constituted under this Act, and any appeal pending before him under sub-section (5) of section 3 of this Act so repealed or any appeal preferred under sub-section (2) or sub-section (3) of section 4 of this Act shall be dealt with by him under the provisions of this Act; (iv) on the constitution of the Educational Tribunal under this Act, all appeals which could not be decided under sub-clause (iii) shall stands transferred to the said Tribunal and be decided by it under the provisions of this Act and rules made thereunder.