The Punjab Local Authorities (Aided Schools) Act, 1959

1959 : Pb. Act XXII] LocaAL AUTHORITIES 62] (AIDED SCHOOLS) THE PUNJAB LOCAL AUTHORITIES (AIDE ACT, 1959 ( D SCHOOLS) Table of Contents Short title, extent and commencement. 2. Definitions. 3. Power of local authorities to transfer management and control of aided schools to Central Government. 4. Power to withdraw grant-in-aid. Power to take over aided schools where local authority neglects to perform duty. Amendment of Punjab Acts No. HI of 1911 and No. XX of 1883. Liability of local authorities in certain matters to remain unaffected. pp. Act XXII] Loca Aurn 1959 * Pb OCAL AUTHORIT 7 (AIDED SCHOOLS) S 623 HE PUNJAB LOCAL AUTHORIT T SCHOOLS) ACT, 1959. TES (AIDED PUNJAB ACT NO. XXII OF 1959. Received the assent of the President on the 9th J first published in the Punjab Government Gazette 1959 and f (Extraordinary ) of the 17th Juve, 1959.] 1 2 3 4 Year No. Short title Whether repealed or otherwise ; affected by legislation 1959 XXII | The Punjab Local Amended by Punjab Act No. 22 Authorities (Aided | of 1961%. . Schools) Act, 1959 Amended by the Punjab Re- organisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968. AN ACT 2 and control of local authoritie s to provide for the management t schools receiving grants-in-aid from the State of Punjab. ature of the State of Punjab lic of India as follows :— ab Local Short ‘title, extent and commencement, _ Beit enacted by the Legis! in the Tenth Year of the Repub 1. (J) This Act may be called the Punj Authorities (Aided Schools) Act, 1959. (2) It extends to the whole of the s{Unionterritory of Chandigarh.] _ —— = and Reasons, 5¢¢ Punjab Government Gazette 1For Statement of Objects (Extraordinary), 1959, page 488E. *For Statement of Objects and Punjab Reorganisation (Extraordinary), 1961, page 364. iab” by th Punjab” by the Subjects) Order, 1968. *Substituted for the words ‘State of (Chandigarh) (Adaptation ot Laws on State and Concurrent Reasons, Sé¢é Punjab Government Gazette os” 624 Loca Aurtitorrting 1959 ; p . | (AIDED SCHOOLS) be Acct XX] | (3) It shall be deemed to have come int Ist day of October, 1957. © force on th. Definitions. 2. In this Act, unless the context Otherwise Tequires (a) “aided school” means a school under t ment of a Municipal Committee oF a nae Board receiving aid from the 1 (6) “local authority” means aM eee rhe Punjab Municipal istrict Board under the P istri Boards Act, 1883 - nnlab District [(c) * - Ok * * (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. (1) A local authorit lution to Power of luca! auth- : y may pass a resolutio orities to transfer transfer the management and control of aided schools to Conteh of ida’ the *[Central Government] and communicate the same schools 10 Central to the {Central Government]. Government. 7 (7) On receiving such a resolution, the "[Central Government] may direct that the aided schools shall ¢ taken over under its management and control and oe after all rights and interests including the right of man nance , management and control shall be transferred and vest in the }[Central Government] and the righ oo 5 interests of the local authority in respect of such s¢ shall cease. ee ton ‘ ; : . rganisali ‘Substituted for the words ‘State Government” by the (Punjab Reole is) (Chandigarh) (Adaptation of Laws on State and = Concurren - Order, 1668. *Clause (c) omitted by Punjab Act No, 22 of 1961. ae 1959 pp. Act XXII] LOCAL AUTHORITIES (AIDED SCHOOLS) 62 4. The ifCentral Government i ant-in-aid from any local authority Tay conc of do oa. “cools if the resolution mentioned in section 3, has n tb or | sed and communicated to the 1[Central Governm nt] od of three months from the date on whic s Act 1S publi shed in the Official Gazette. rity has ne glected to perform its duties in respect jocal authority of aided schools or that it is necessary in public neglects to perform interest to take over their management for a period not duty. it may, after giving the local authority exceeding ten years, it m ble opportunity for showing cause against the qa reasonable, proposed action, make an order to take over the manage- ment : 1 7 . 5, Whenever the [Central Government] 1s satisfied that Power to take over aided schools where where the Central Provided that in case of emergency, Government] 15 satisfied that such a course 1s necessary nts, it may, without giving such in the interests of the stude notice, take over the management O publication of a notification to that ¢ endment of Gazette. 6. Where a local authority has passed 4 resolution Amine cts No. Il under section 3 OF the ? Central Government] has taken of 1911 and No. 4 schools of local authority XX of 1883. over management of aide under section 5, the Punjab Municipal Act, 1911, and the 1883, shall be deemed to have Punjab Distri ds Act, njab District Bote er specified in the been amended 10 mann appended to this Act with effect from e Ist October; 1957 2) * # liability , clude the ree emt oy ad Tt n connecti on remain unaffected. with the aided schools by loca authorities before the commencem ent of this the maintena nce, managem 1Sybstituted for the words “state Go sation (Chandi garh) (Adaptation o Subjects) Order, 1968. pools are taken over, 4s the case b Reorgani- by the Ponja Concurrent State and sThe words ‘or from the date the ai may be” by Punjab Act NO- 92 of 1961. — 626 Locat AUTHORITIES 1959 ; ‘ (A1DED SCHOOLS) Ph. Act XXIy THE SCHEDULE (See section 6) A—THE PUNJAB MUNICIPAL ACT, 191] (PUNJAB Act II] oF 1911) 1. After clause (/) of sub-section (7) of sect; the following clause shall be added, mate ire °2, ““(g) seventhly, such sum to be paid annually by the Committee to the [Central Government] by way of contribution as is equivalent to— (i) the total provision made in the budget for the year 1957-58 under the main head “Education’ excluding *[the provision under the sub-heads relating to public libraries, colleges, reading rooms and museums or ertaining to such other matters not relat- ing to schools as the State Government ma specify, ] educational _ grants and the provision made for ‘original works relating to schools ; and | i f the ii) a sum representing one per centum 0 " total income from its own resources. the year 1957-58, in lieu of the oe wel wre made for ‘original works’ made clause (i) : i ‘ jal yeat ‘ded that in respect of the financia _ Pros. nee Committee shall max a p ment to the State Governn® ad ot sums which have remained une ” 31st March, 1958, out. of t Pe pudge! under the head ‘Education 10 oh ee lll | isa- ’ ‘ab Reorsah cts) ds “State Government’ bY the Funcurrent SUP i r the wor ( ‘S00 On ‘Ghandigarh) (Adaptation of Laws on Order, 1968. 8Inserted by Punjab Act No. 92 of 1961. A 1959 : Pb. Act XXII] LOcAL Aut (AIDED ScHO “ 627 17provided further that i i the total provision under sub-clause (i), echo fees or other moneys received from students by the Committee, income from and propert transferred to the State Government dota. tions for education from the public and such other income of the Committee as may be specified by the State Government shall be excluded].”’ 2. To section 59, the following proviso shall be added, namey :— “Provided that where a committee has passed a resolution under section 3 of the Punjab Local Authorities (Aided Schools) Act, 1959, or the %[Central Government] has taken over management of aided schools of a com- mittee under section 5 of that Act, all rights and interests in the establishment, maintenance and management of the aforesaid schools imme- diately before the Ist October, 1957, including all interests in the lands, buildings, play- grounds, hostels of the said schools as also in the movable properties like furniture, books, apparatus, maps and equipment pertaining thereto shall be deemed to have been trans- ferred to the ” Central Government] on that date, and all unspent balances in respect of grants and contributions received for the maintenance and promotion of these schools shall be deemed_ to have been surrendered to the *[Central Government]. B—THE PUNJAB DISTRICT BOA . (AcT XX oF 1883) 1. For sub-section (J) of section 37, the following shall be substituted, namely -— “(1) The district board sh ne RDS ACT, 1883 all set apart and apply 1Added by Abid. *Substituted for the words “State Government” by the Punjab Reorga- nisation (Chandigarh) (Adaptation of Lawson State and Concurrent Sybjects) r 1968. ; LocAL AUTHORITIES [1959 : Pb. Act i oe (AIDED SCHOOLS) %XT out of the district board’s funqd— ‘ a) first, such sums as may be required f. 2) ment of the cost of the control and ‘ane nistration of the district boards ; ' (5) secondly, such sums as may be required fo payment of the expenses of pauper lunatics sent to public _ asylums from the area under the authority of the district board (c) thirdly, the expenses incurred in auditing the accounts of the district: board: and loca] boards and such portion of t he cost of the State departments for Sanitation, vaccing. tion, medical’ relief and public works as may be held by the *[Central Govern- ment] to be equitably debitable to the district board on return for services ren- dered to the board by those Depart- ments ; (d) fourthly, a sum to be paid annually by the . district board to the *[Central Govern- ment] by way of contribution as is equi- valent to — (i) the total provision made in the budget for the year 1957-58 under the main head ‘Education’ excluding [the — pro- Visions under the sub-heads relating to public libraries, colleges, reading rooms and museums or pertaining to Such other matters not relating to schools as the State Governmens may specify,] educational grants an the provision made for ‘origina works’ relating to schools ; and ii) a sum representing one per centum of the “ total income from its own, sou for the: year. 1957-58 in lieu 0 ne deduction made for original w° under clause (i) : . 3 —_—_—— : rga- Substituted for the words, ‘State Government” by the Punjap acurrcr' nisattion (Chandigath) (Adaptation of Lews on State ar. Subjects) Order, 1968. *Inserted by punjab Act No, 22 of 196], (1959 : Pb. Act XXII Loca Autioritn (AIDED SCHOOLS) 629 Provided that in res pect of the year 1957-58 the district board shat — a payment to the State overnment of the sums which have remained unexpended on 31st March kena eet ofthe provision under the een ucation’ in the budget of 17Provided further that in comput total provision under sub-clause ete fees or other moneys received from students by the Committee, income from any property transferred to the State Government, dona- tions for education from the public and such other income of the Committee as may specified by the State Government shall be excluded].”’ 4. After section 37, the following section 37-A shall be inserted, namely :— “*37-A. Notwithstanding anything contained in this Act, where a district board has passed a resolution under section 3 of the Punjab Local Tene of ppropeny Authorities Aided Schools) Act, Oo relating to schoors (©1959, or the Central Government has taken over management of aide schools of 4 district board under section 5 of that Act all rights and interests in the esta- blishment maintenance and management of the afore- said schools immediately before 1st October, 1957, i i i i lands, buildings. play-grounds including Fi interes sct tts as Iso in the movable pro- f the said schools as 4 perties like furniture, tus, maps, and books, appara equipment pertaining thereto shall be deemed to have been transferred to the *[Centra 1 Government] on what i spect O grants an e. and all uns ent balances 10 re L cate butions coneived for the maintenan’ and Pro of these schools § ll be deemed to have 2Central Government]. dered to the i ” py the Pynjab Reorganisa- 1Added by ibid. : at , i «State Governme A Kea Cigaaigat (adaptation of Laws on State and Concurrent Subjects) er, 1968.