Section 5 in The Punjab Local Authorities (Aided Schools) Act, 1959
5. Power to take over aided schools where local authority neglects to perform, duty.
- [(1)] [Section 5 renumbered as sub-section (1) and sub-sections (2) and (3) inserted by Punjab Act 8 of 1968.] 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.(2)Notwithstanding anything contained in sub-section (1), if the State Government is satisfied that it is necessary in public interest that an order issued under the aforesaid sub- section (hereinafter referred to as the initial order) should continue in force for a further period not exceeding one year after the expiry of the period of ten years, it may, after giving the local authority an opportunity for showing cause against the proposed action, make an order to that effect.(3)An order under sub-section (2) may be made within a period of six months of the date of expiry of the initial order and where an order is passed under the sub-section for continuing in force the initial order, the order so passed shall have effect from the date of expiry of the initial order and shall be deemed to be in force during the period intervening the date of expiry of the initial order and the date on which an order is passed under sub-section (2) and shall not be called into question before any court or other authority merely on the ground that it was passed after the expiry of the initial order.(4)[ The initial order continued in force under sub-section (2) may by an order made by the State Government, be continued in force for a further period of one year by the State Government under the circumstances and in the manner provided 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 an 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 ground that it was made after the expiry of the second order.
