26
"
Addition
of new sections 47A and 478.
(g) the insertion after paragraph (x) of the following new
paragraphs-
"(o) enters or remains upon or in any premises or building in contravention of section 42A or sub- section (2) of section 42B;
(P) being a member of the management committee of a school fails to recommend the appointment of a principal in accordance with section 28A or 28R.".
44. The principal Ordinance is amended by the addition after section 47 of the following new sections--
"Evidence.
Liability of landlord,
etc.
47A. In any prosecution for an offence against this Ordinance or any regulation made thereunder-
(a) where it is proved that any equipment, materials or documents of an educational nattire or suitable for the purposes of a school were found at any place it shall be presumed until the contrary is proved that an educa- tional course was provided at such place: (b) where it is proved that any person did any act in connexion with the organization or running of a school it shall be presumed until The contrary is proved that such person took part in the management of such school: (c) where it is proved that any person was in charge of or issued instructions to any person under twenty-one years of age on any school premises it shall be presumed until the con- trary is proved that such person was teaching in that school.
47B. (1) Where it is proved to the satisfaction of a magistrate that a school which is not registered in accordance with section 8, not being a school exempted from the provisions of that section by virtue of section 6 or any order made thereunder, is being operated upon any premises, he may order that a notice in writing of the fact shall be served upon the landlord of tenant of the premises, or if such landlord or tenant is absent or under disability upon his
attorney, agent or rent collector, or if such landlord or tenant is a corporation upon the secretary or manager thereof.
(a) After service of a notice under subsection (1), any magistrate may, at the request of any such land- lord, tenant, attorney, agent, rent collector, Secretary or manager, make an order (which shall be recognized and given effect to in any proceeding in any court) terminating, as from the date of the order, the tenancy of the premises upon which such school is being operated, and thereupon such tenancy shall cease and determine for all purposes and any tenant or occupier of such premises or such part may thereafter be treated as a trespasser.
Any such order shall be sufficient authority to any police officer to enter, by force if necessary, into the premises and give possession of the same, or any part thereof specified in the order, to the landlord or his agent:
Provided that-
(a) such entry shall not be made at any time
except between 9 a.m. and 5 p.m.; and
(b) the powers given by this subsection shall be in addition to and not in derogation of any powers conferred by or under any other enact-
ment.
(3) If, after service of a notice under subsection (1), a school which is not registered in accordance with section 8, not being a school exempted from the provi- sions of that section by virtue of section 6 or any order made thereunder, is operated on the premises in respect of which such notice was given, the person upon whom such service is made (and the landlord or tenant of the premises also, if the person upon whom such service is made be an attorney, agent, rent collector, secretary or manager for and on behalf of the landlord or tenant) shall be guilty of an offence and shall be liable to a fine of five thousand dollars and imprisonment for two years, unless he proves to the satisfaction of the magistrate that he neither knew nor had reasonable means of knowing that such school was being operated.