REGISTERED No- D 221

The Gazette of India

EXTRAORDINARY

PART II—Section 1]

PUBLISHED BY AUTHORITY

No. 77] NEW DELHI, FRIDAY, DECEMBER 20, 1968/AGRAHAYANA 29, 1890

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

MINISTRY OF LAW

(Legislative Department)

New Delhi, the 20th December, 1968/Agrahayana 29, 1890 (Saka)

The following President's Act is published for general informa-

tion:—

THE PUNJAB LOCAL AUTHORITIES (AIDED SCHOOLS)

AMENDMENT ACT, 1968

No. 37 OF 1968

Enacted by the President in the Nineteenth Year of the

Republic of India.

An Act further to amend the Punjab Local Authorities (Aided

Schools) Act, 1959.

In exercise of the powers conferred by section 3 of the Punjab

State Legislature (Delegation of Powers) Act, 1968, the President is

pleased to enact as follows: —

1. (I) This Act may be called

the

Punjab

Local

Authorities

(Aided Schools) Amendment Act. 1968.

48 of 1968

Short title

and com-

mencement.

(751)

7 5 3

THE GAZETTE OF INDIA EXTRAORDINARY

£PABT II

(2) It shall come Into force at once.

2. In the Punjab Local Authorities (Aided Schools) Act, 1959, as in

force in the State of Punjab (hereinafter referred to as the principal

Act), in section 5, after sub-section (3), the following sub-sections

shall be inserted, namely: —

'(4) The initial order continued in force under sub-section

(2) may, by an order made by the State Government, be conti-

nued in force for a further period of one year by the State

Government under the circumstances and in the manner pro-

vided in that sub-section

(5) An order under sub-section (4) may be made within a

period of six months of the date of expiry of the order made

under sub-section (2) (hereinafter referred to as "the second

order") and where r.n order is made under sub-section (4) for

further continuing in force the initial order, the order so made

shall have effect from the date of expiry of the second order and

shall be deemed to be In force during the period intervening the

date of expiry of the second order and the date on which an

order is made under sub-section (4) and shall not be called in

question before any court or other authority merely on the

ifround that it was made after the expiry of the second order.'.

"A. (1) The Punjab Local Authorities (Aided Schools) Amendment

Ordinance, 1968 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action

taken under the principal Act as amended by the said Ordinance

shall be deemed to have been done or taken under the principal

Act as amended by this Act as If this Act had come into force on the

1st day of October, 1968.

ZAKIR HUSAIN,

President.

V. N. BHATIA,

Secy, to the Govt. oj India.

Amendment

of icctlons.

Repeal and

«avlng.

t*un)ab Ac*

22 of T959

Punjab Or-

dinance 3 of

1963

Sue. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

753

Reasons for the enactment

The schools of the local bodies were provincialised by the

erstwhile State of Punjab with effect from the 1st October, 1967 and

for that purpose the Punjab Local Authorities (Aided Schools) Act,

1959 (22 of 1959) was enacted by the erstwhile Punjab State Legisla-

ture. This Act had retrospective effect from the 1st October, 1957.

Under section 3 of this Act, a local body could pass a resolution to

hand over the management and control of its aided schools to the

State Government. If a local body was reluctant to pass a resolu-

tion, the Statle Government was empowered under section 5 of the

Act to take over the management of the schools of the local body

suo motu for a period of ten years in the public interest. Certain

Municipal Committees did net agree to transfer the control and did

not pass resolutions under section 3 of the Act and, therefore, the

Government of Punjab, under section 5 of the Act, assumed control

of their schools for a period of ten years. This period expired on the

30th September, 1967 and as such it became necessary either to hand

over the management of the schools to the local bodies or to amend

the Act in order to continue the management of such schools by the

State Government for some more time in the public interest. It was

considered necessary by the Government of Punjab to continue the

management of such schools and for this purpose section 5 of the Act

was amended by the Punjab Local Authorities (Aided Schools)

Amendment Act, 1968 (8 of 1968).

2. The period extended by the aforesaid amendment Act was to

expire on the 1st October, 1968. The question whether the schools,

the management of which has been taken over by the State Govern-

ment, should be retained permanently by the State Government or

the same may be returned to the respective local bodies, is still under

the consideration of the State Government. Since there may be

delay to take a decision on the matter, it was considered necessary

to further extend the period of management of the schools for

another year with effect from the 1st October, 1968 and for that

purpose the Governor of Punjab promulgated on 30th September,

1968 the Punjab Local Authorities (Aided Schools) Amendment

Ordinance, 1968.

3. The proposed measure seeks to replace the Ordinance aforesaid

by means of a President's Act.

754

TKE

GAZETTE OF INDIA EXTKAOHDINARY [PART II—Sic I]

4. The Committee constituted under the proviso to sub-section (2)

of section 3 of the Punjab State Legislature (Delegation of Powers)

Act, 1968 (48 of 1968) has been consulted before the enactment of this

measure as a President's Act.

G. K. CHANDIRAMANI,

Becy. to the Govt. of India,

Ministry of Education.

PRINTED IN INDIA BY THE OENEBAL MANAGER, GOVERNMENT Or INDIA PHES8

MINTO ROAn, NUW DEI.HI AND PUBLISHED BY THB MANAOTF OT PUBLICATION!*

DEUTJ, 1968