The Punjab Act 18 of 1979 Punjab privately managed recognised schools employees security of service rules 1979 -converted
Punjab · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS
THE PUNJAB PRIV ATELY MANAGED RECOGNISED
SCHOOLS EMPLOYEES (SECURITY OF SERVICE) ACT,
1979
(PUNJAB ACT 18 OF 1979)
(As amended upto the 31st July, 2025)
2025
THE PUNJAB PRIV ATELY MANAGED RECOGNISED
SCHOOLS EMPLOYEES (SECURITY OF SERVICE) ACT,
1979
CONTENTS
Preamble
Sections
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER II
TERMS AND CONDITIONS OF SERVICE OF EMPLOYEES
3. Terms and conditions of service of employees
4. Dismissal, removal etc. of employees
5. Suspension of employees
6. Employees to be governed by a Code of Conduct
7. Salaries of employees
8. Jurisdiction of Educational Tribunal
CHAPTER III
MISCELLANEOUS PROVISIONS
9. Jurisdiction of Civil Courts barred
10. Protection of action taken in good faith
11. Non-compliance with order or direction
12. Penalty
13. Offences by companies
14. Removal of difficulties
15. Power to make rules
16. Repeal and saving
1THE PUNJAB PRIV ATELY MANAGED RECOGNISED
SCHOOLS EMPLOYEES (SECURITY OF SERVICE) ACT,
1979
(Punjab Act No. 18 of 1979)
[Received the assent of the Governor of Punjab on the 12th
November, 1979 and was first published for general information
in the Punjab Government Gazette (Extraord inary), Legislative
Supplement, dated the 16th November, 1979.]
1 2 3 4
Year No. Short Title Whether repealed or
otherwise affected by the
legislation
1979 18 The Punjab
Privately
Managed
Recognised
Schools
Employees
(Security of
Service) Act,
1979
Amended by Punjab Act No.
19 of 1986
Amended by Punjab Act No.
24 of 2003
Amended by Punjab Act No.
19 of 2008
Amended by Punjab Act No.
48 of 2013
An Act to provide for security of service to employees of privately
managed recognised schools in the State of Punjab and for matters
connected therewith and incidental thereto.
BE it enacted by the Legislature of the State of Punjab in the
Thirtieth Year of the Republic of India as follows: -
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Punjab Privately Managed
Recognised Schools Employees (Security of Service) Act, 1979.
(2) It extends to the whole of the State of Punjab.
1 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary),
1979, page, 1494.
Short title,
extent and
commencement.
(3) It shall come into force 1 on such date as the State
Government may by notification appoint.
2. In this Act, unless the context otherwise requires, -
(a) "aided post" means the post on the establishment of a
privately managed recognised school against which
such a s chool gets grant -in-aid from the State
Government;
(b) "Director" means the Director of Public Instruction
(Schools), Punjab and Director of Public Instruction
(Primary Education), as the case may be, and includes
any other officer authorised by him in this behalf;
(c) "employee" means any person employed on an aided
post in any privately managed recognised school for
hire or reward (whether the terms of employment be
express or implied) and for the purposes of any
proceedings under this Act in relation to any
employment dispute includes the person dismissed or
removed from service but does not include a part -time
employee;
2[(cc) “educational institution” shall have the same meaning
as assigned to it in clause (f) of section 2 of the Punjab
Affiliated Colleges (Security of Service) Act, 1974.]
(d) "existing school" means a privately managed
recognised school which is in existence at the
commencement of this Act;
(e) "managing committee" means the body of the
individuals who are entrusted with the management of
any privately managed recognised school;
(f) "prescribed" means prescribed by rules made under this
Act;
(g) "privately managed recognised school" means a school,
which is not run by the Central Government, the State
Government, a local authority or any other authority
designated or sponsored by the Central Government,
State Government or local authority, as the case may
1 This Act has been come into force on dated 23rd day of January , 1981, vide Government of
Punjab, Department of Education, Notification No. S.O. 5/P .A. 18/79/S. 1/81. dated, 23rd
January , 1981.
2 Inserted by Punjab Act No. 48 of 2013, Section 2
Definitions.
be, and is recognised by the State Government for
imparting pre -primary, primary , middle, high and
higher secondary education or training below the
degree level, but does not include an institution which
imparts technical education;
1[(h) "Educational Tribunal" means a Tribunal, constituted
under section 7-A of th e Punjab Affiliated Co lleges
(Security of Service) Act, 1974.]
CHAPTER II
TERMS AND CONDITIONS OF SERVICE OF EMPLOYEES
3. The minimum qualifications for recruitment and the
conditions of service of the employees shall be such as may be
prescribed:
Provided that neither the salary nor the rights in respect of
leave of absence, age of retirement and pension of an employee of
an existing school shall be varied to the disadvantage of such
employee:
Provided further that every such employee shall be entitled to
opt for the terms and conditions of service as were applicable to him
immediately before the commencement of this Act.
4. (1) Subject to any rule that may be made in this behalf, no
employees shall be dismissed, removed of reduced either in rank or
within a time scale nor shall his services be otherwise terminated
except with the prior approval of the Director.
(2) Any employee who is dismissed, removed or reduced
either in rank or wi thin a time scale under sub -section (1) may,
within three months from the date of communication to him of the
order of such dismissal, removal or reduction, appeal against such
order to the 2[Educational Tribunal].
(3) The managing committee aggrieved with the order of
the Director may also appeal to the 5[Educational Tribunal] within a
period of three months from the date of communication of the order.
5. No employee shall be kept under suspension for a period
exceeding six months without the prior approval of the Director.
1 Substituted by Punjab Act No. 19 of 2008, Section 3
2 Substituted for words “School Tribunal” by Punjab Act No. 19 of 2008, Section 2
Terms and
conditions of
service of
employees.
Dismissal,
removal etc.
of
employees.
Suspension of
employees.
Employees to
be governed
by a Code of
Conduct.
6. Every employee shall be governed by such Code of Conduct
as may be prescribed and on the violation of any provision of such
Code of Conduct the employee shall be liable to such disciplinary
action as may be prescribed.
7. Notwithstanding anything contained in section 3, the scale of
pay and dearness allowance of the employees shall not be less than
those of the employees of the State Government holding
corresponding posts in the schools run by the State Government:
Provided that where the scales of pay and dearness allowance
of the employees are less than those of the employees of the State
Government holding corresponding posts in the schools run by the
State Government, the Director shall direct the concerned managing
committee to bring the same at par with those of such employees of
the State Government.
1[2[8. Notwithstanding anything contained in this Act, and in sub -
section (12) of section 7 -A of the Punjab Affiliated Colleges
(Security of Service) Act, 1974, the Educational Tribunal shall also
have jurisdiction to hear cases of disputes between the Management
Committees of all educational institutions and their employees.]
CHAPTER III
MISCELLANEOUS PROVISIONS
9. 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.
10. 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.
11. 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 3[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.
1 Omitted by Punjab Act No. 19 of 2008, Section 4
2 Inserted by Punjab Act No. 48 of 2013, Section 3
3 Substituted for words “School Tribunal” by Punjab Act No. 19 of 2008, Section 2
Salaries of
employees.
Jurisdiction of
Educational
Tribunal.
Jurisdiction of
Civil Courts
barred.
Protection of
action taken
in good faith.
Non-
compliance
with order or
direction.
12. 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 8[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.
13. (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 th e
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 b e 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.
14. 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.
15. 1[(1) The State Government may, by notification and subject
to the condition of previous publication, make rules with prospective
1 Substituted by Punjab Act No. 24 of 2003, Section 2
Penalty.
Offences by
companies.
Removal of
difficulties.
Power to
make rules.
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 1[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 p rejudice
to the validity of anything previously done under that rule.
16. (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;
1 Substituted for words “School Tribunal” by Punjab Act No. 19 of 2008, Section 2
Repeal and
saving.
(iii) until the 10[Educational Tribunal] is constituted under
this Act, the Commissioner of a Division shall be
deemed to be a 10[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 1[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 de cided by it under the provisions of
this Act and rules made thereunder.
1 Substituted for words “School Tribunal” by Punjab Act No. 19 of 2008, Section 2
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