The Punjab Aided Schools (Security of Service) Act, 1969

REGISTERED No. D. 221 SCO PUBLISHED BY AUTHORITY ees ET Wo 153} me feet, rare, ater 27, 1971/AMm 5, 1893 Me, 193) NEW DELHI, FRIDAY, AUGUST 27, 19713; BHADRA 5, 1893 oer rer WH Fore ges eters at enrelt & Foret fier ag crore eter eer A caer ert ae Heparate paging ts given to this Part in order that it may be Sed " aa a2 separate compilation —. . MINISTRY OF HOME AFFAIRS NOTIFICATION Newo Dethi, the 27th August 1971 G.8.B, 1221.—In exercise of the powers conferred by section 87 of the Punjab Reorganisation Act, 1968 (31 of 1966), the Central Government hereby ds to fae Union territory of Chandigarh, the Punjab Aided Schools (Security of ivee) Act, 1868 poe. Act 19 of 1969), as in force in the State of Punjab at the date of this notification, subject fo the following modifications, namely :— Modifications 3, Throughout the Punjab Aided Schools (Security of Seryice) Act, 1969 (hare~ or the words “State Government”, wherever they occlir, the word “Administrator shall be substituted and there shall also be made in any sentence In which the said words occur, such consequential amendments as the rules of grammar may require. %. Section 1 of the Act shal] be renumbered as sub-section (1) of that section and after sub-section (1), ag so renumbered, the follewing sub-sections shall be ingerted, namely:— (a) It extends to the whole of the Union territory of Chandigarh. (3) It shall come into force on such date, as the Administrator may, by notification in the Chandigarh Gazette, appoint.” ( 847) 848 THE GAZETTE OF INDIA EXTRAORDINARY [Parr U— — A a it 3. In section 2 of the Act, for clauses (a) to (da), the following clauses shall be substituted, namely:— Te eee 6 es ‘(a) “Administrator” means the Administrator of the Union territory of Chandigarh appointed by the President under article 239 of the Con- stitution; (aa) “aided school” means a school receiving aid from the Government: (b) “Commissione-” means the Commissioner of Chandigarh Division and includes any other officer authorised by the Adm nistrator to exer- cise the powers of the Commissioner under this Act; (c) “Deputy Commissioner”means the Deputy Commissioner of Chandigarh District and includes any other officer authorised by the Administra- ct; (d) “Director” means the Director of Public Instruction, Chandigarh, and includes any other officer authorised by the Administrator to exer- cise the powers of the Director under this Act;’, 4. In section 5 of the Act, for the words “State Government”, the words “Government or the Administrator” ghal] be substituted. 6. In section 7 of the Act— (a) in sub-section (1):-— ({) the brackets and figure ‘‘(1)” shall be omitted; (i) for the words “official Gazette”, the words “Chandigarh Gazette” ghall be substituted; (b) sub-section (2) shall be omitted. 6. Section 8 of the Act shall be omitted. ANNEXURE The Punjab Atded Schools (Security of Service) Act, 1969 ag extended to the Union Territory of Chandigarh Punyas Act 19 of 1969 1, Short title, extent and commencement,—(1) This Act may be -called tne Punjab Aided Schools (Security of Service) Act, 1969, 2. Definitions —tn this Act, unless the context otherwise requires,— (a) “Administrator” means the Administrator of the Union territory of Chandigarh appointed by the President under article 239 of the Con- stitution; (ag) “aided school” means a schoo} receiving aid from the Government; (b) “Commissioner” means the Commissioner of Chandigarh Division and Includes any other officer authorised hv the Administrator ‘tp &xercise the powers of the Commissioner under this Act; Sec. 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY 849 te a se ee (e) “empolyee” means a person in wholetime employment of an aided school, 3, Procedure of pinishing employees of aided schools—(1) No employee shall be dismissed or removed or reduced in rank except alter an inquiry in which he of being heard in respect of those charges and where it is proposed, after suc inquiry, to impose on him any such penalty, until he has heen given a reasonable Opportunity of making representation on the penalty proposed, but only on the basis of the evidence adduced during such inquiry. (2) No order of dismissal or removal or reduction in rank of an employee shall take effect unless it has been conArmed by the Deputy Commissioner who may refuse to do so, if in his opinion, the provisions of sub-section (1) have not been complied with. (3) ‘Nothing in sub-section (1) or sub-section (2) shall apply to an employee who is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge. section (2) may, within a period of thirty days of the date of communication of the order, make an application to the Deputy Commissioner challenging such @n order on the ground that he is an employee to whom the provisions of sub- section (1) and sub-section (2) apply and the Deputy Commissioner may, after giving the parties an opportunity of being heard and aftcr making such further inquiry as he may think fit, make an order refusing the application or setting aside the impugned order, missioner under this section may, within period of thirty days from the date of communication to such person of the decision or order, prefer an appeal to the Commissioner who may, after giving the parties an opportunity of being heard, and after making such further inquiry, if any, as he may consider necessary, Pass such order as he thinks fit, confirming, modifying or reversing the decision or order appealed against. (6) The order passed by the Commissioner under sub-section (5) end subject Only to such an order the order passed by the Deputy Commissioner under section (2) or sub-section (4) shall be final and binding on the parties 4. Director’s power to stop, reduce or suspend aid.~tt shall be lawful for the Director to stop, reduce or suspend the aid of an aided school for violation of any of the provisions of this Act or of any rules made thereunder or of any order Passed under this Act, by the Managing Committee, manager or any other autho- rity charged with the administration thereof: - Provided that before taking action under this section, the Director shall give a reasonable opportunity to the Managing Committee to show cause against the action proposed to be taken. 5. Pretection of action taken in good falth.—No suit. prosecution or other legal proceedings shall He against the Government or the Administrator or an done or intended to be done in pursuance of this Act. 6. Power to remone difficulties—If any difficulty arises in giving effect to the provisions of this Act, the Administrator mov. by order, do anything not inconsis. tent with such provisions which appeur to him to be necessary or expedient for the purpose of removing the difficulty. = 7. Power to make Tules.—The A. [Part U—Src, 3(i)} = dministrator may, by notification in the Chandi- farh Gazette, make rules for carrying o ut the purposes of this Act, [No. F. 15/4/71-UTL-(119).} K. R. PRABHU, Jt. Becy. Page 1 Page 2 Page 3 Page 4