Assisted Schools and Training Colleges (Supplementary Provisions) ACT

Arrangement of Sections

1. Short title.

2. Application of the Act.

PART I

VESTING IN THE CROWN WITHOUT COMPENSATION OF CERTAIN PROPERTY OF SCHOOLS TO WHICH THIS ACT APPLIES

3. Notice relating to property liable to vesting.

4. Vesting Order in respect of property.

5. Power to lodge objections in respect of any Vesting Order.

6. Effect of Vesting Order.

7. Property vested in the Crown may be used for the purpose of a school.

8. Vesting Orders not to be void or invalid by reason of any determination on a reference to arbitration.

9. Vesting Orders to be final and conclusive.

10. Divesting Orders.

11. No compensation payable in respect of any property vested in or divested by the Crown or for any loss incurred by any person by reason of such vesting or divesting.

12. Taking possession of property vested in the Crown.

13. Prevention of, or obstruction or resistance to, taking possession of property for and on behalf of the Crown.

14. Authorised person entitled to enter and take possession of any property notwithstanding that the requirements of any notice under section 12 are not complied with.

PART II

GENERAL

15. Director may exercise, perform and discharge the powers, duties and functions of the proprietor of any school to which this Act applies.

16. Power of entry to schools to which this Act applies.

17. Ejectment by the Fiscal of persons in occupation of the premises of any school to which this Act applies, and prohibition of undesirable persons from entering such premises.

18. Obstruction or resistance to any person in the exercise of any power under subsection (2) of section 3.

19. Power of Director to make good any loss or repair any damage, or to prepare an estimate of the cost of making good such loss or repairing such damage, to school property and to recover the cost or the estimated cost of making good such loss or repairing such damage from the proprietor of that school.

20. Arbitration.

21. Certain sales, disposals of property to be deemed to be null and void.

22. Amendment of the principal Act.

23. Discontinuance from service of teachers on the staff of unaided schools within the meaning of the principal Act.

24. Manner of effecting service of notices.

25. Regulation of establishment of new schools.

26. Regulations.

27. Penalties for offences.

28. Offences committed by body corporate.

29. Offences to be cognizable offences.

30. No prosecution or suit to lie against the Minister, Director or any officer or other person.

31. Provisions of this Act to prevail over other written law.

32. Power of Director to delegate powers, duties and functions.

8 of 1961.

AN ACT to provide for vesting in the crown, without compensation, the property of assisted schools of which the Director of Education is, or becomes, the Manager under the Assisted Schools and Training Colleges (Special Provisions) Act, No. 5 of 1960, to provide for such Director for and on behalf of the crown to conduct and maintain schools on such property, to provide for the imposition of penalties on persons who offer resistance or obstruction to the entry of such Director to such school and to the taking possession of property vested in the crown, to provide for government making good or repairing any loss or damage caused to the property of assisted schools and for the recovery of the cost thereof by the government from the persons responsible for such loss or damage in a summary manner and to regulate the establishment of schools on or after the date of the commencement of this Act.

[Date of Commencement: 1st December 1960]

1. Short title.

This Act may be cited as the Assisted Schools and Training Colleges (Supplementary Provisions) Act.

2. Application of the Act.

(1) This Act shall apply to every assisted school of which the Director was on December 1, 1960, or is, or becomes, the Manager by virtue of the operation of any Order made under the Assisted Schools and Training Colleges (Special Provisions) Act, No. 5 of 1960, (hereafter in this Act referred to as the "principal Act”). Every such school is hereafter in this Act referred to as a ”school to which this Act applies”.

(2) The provisions of section 22 shall apply to the principal Act, and the provisions of section 23 shall apply to any unaided school referred to in the said section 23.

PART I

VESTING IN THE CROWN WITHOUT COMPENSATION OF CERTAIN PROPERTY OF SCHOOLS TO WHICH THIS ACT APPLIES

3. Notice relating to property liable to vesting.

(1) Where the Minister decides that any property liable to vesting is needed by the Crown for the purpose of conducting and maintaining a school, the Minister may publish a notice in the Gazette stating that such property is so needed and that all or any of the acts authorised by subsection (2) may, if the Director deems it necessary, be done in respect of such property. Such property may be described in the notice in like manner as it is described in the First Schedule to this Act.

(2) After a notice under subsection (1) is published in the Gazette in respect of any property liable to vesting, any person authorised by the Director, together with such persons, implements and materials as may be necessary, may—

(a) if that property is movable property, enter any land or building in which such property is kept and examine and take an inventory of such property; or

(b) if that property consists of any land, building or other structure, enter such land, building or other structure and demarcate and set out the boundaries thereof.

(3) Any person who offers any obstruction or resistance to any other person in the exercise or performance of any power or duty under subsection (2) shall be guilty of any offence under this Act.

4. Vesting Order in respect of property.

(1) Where the Minister, considers it desirable to do so, the Minister may, by Order published in the Gazette (in this Act referred to as a "Vesting Order”), declare that, with effect from such date as shall be specified in the Order (not being a date earlier than fourteen days after the date of such publication), all property of the description specified in the Order, being property liable to vesting, shall vest in the Crown.

(2) A Vesting Order shall take effect notwithstanding that any arbitration proceedings under this Act, or proceedings before any court in pursuance or supposed pursuance of any other law, are pending in respect of any property specified in that Order.

(3) A Vesting Order may be made under subsection (1) in respect of any property notwithstanding that no notice has been published under section 3 in relation to that property.

5. Power to lodge objections in respect of any Vesting Order.

Any person interested in any property in respect of which a Vesting Order is made may, before the expiry of a period of fourteen days after the date of the publication of the Order in the Gazette, lodge with the Director a written objection to such Order on the ground that such property is not property liable to vesting. Such objection shall be referred by the Director for determination by arbitration as hereinafter provided in this Act.

6. Effect of Vesting Order.

A Vesting Order shall have the effect of vesting the property in respect of which such Order is made absolutely in Her Majesty, free from all encumbrances, with effect from the date specified in such Order.

7. Property vested in the Crown may be used for the purpose of a school.

(1) Any property vested in the Crown by a Vesting Order may be used by the Director for and on behalf of the Crown for the purpose of conducting and maintaining a school. The provisions of the principal Act shall not apply to a school so conducted and maintained.

(2) Where, at the date of the Vesting Order in respect of any property, that property was used for any religious purpose by any religious body which is the owner of any place of public worship, abutting, or situated in the immediate vicinity of that property, the Director shall make available to such body the use of that property for that purpose during such hours as that property is not required for the educational and extra-mural activities of that school, but shall not permit the use of such property for any religious observance or worship by anybody other than the body which at the date of such Order was the owner of that property.

8. Vesting Orders not to be void or invalid by reason of any determination on a reference to arbitration.

No Vesting Order shall be deemed to be void or invalid by reason of any determination on a reference to arbitration under this Act that any part of the property in respect of which the Order was made was not property liable to vesting.

9. Vesting Orders to be final and conclusive.

Subject to any determination on arbitration under this Act, a Vesting Order shall be final and conclusive and shall not be called in question in any court whether by way of writ, order, mandate, or otherwise.

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