THE WORKERS’
CHILDREN (EDUCATION) ORDINANCE, 1972
(Ordinance XI of 1972)
C O N T E N T S
Section Heading
1. Short
title, extent and commencement.
2. Definitions.
3. Levy of education cess.
4. Education of workers’ children.
5. Manner of levying cess.
5A. Collection
and Administration of cess.
6. Power to make rules.
[1]THE WORKERS’ CHILDREN
(EDUCATION) ORDINANCE, 1972
(Ordinance
No. XI of 1972)
[13 April 1972]
An Ordinance to provide
for the education of
Workers’ children and matters ancillary thereto.
Whereas it is expedient to provide for the education of workers children and for matters ancillary thereto;
AND Whereas
the national interest of
Now, therefore, in pursuance of the Proclamation of the 25th day of March, 1969, read with the Proclamation of the 20th day of December, 1971, and the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-
1. Short title, extent and commencement.– (l) This Ordinance may be called the Workers Children (Education) Ordinance, 1972.
(2) It extends to the whole of [2][the
(3) It shall come into force at once.
2. Definitions.– In this Ordinance, unless there is anything repugnant in the subject or context,–
(a) “employer”, in relation to an establishment, means the person who has ultimate control over the affairs of the establishment;
[3][(b) ‘establishment’ means any office, firm, industrial unit, undertaking, shop or premises in which workers are employed for the purpose of carrying on any business, trade, manufacture, calling, service, employment or occupation;]
[4][(bb) “Government” means
Government of the
(c) “worker” means [5][a worker as defined in section 2 of the Punjab
Industrial Relations Act 2010 (XIX of 2010)], but does not include–
(i) persons in the service of the State including members of the Armed Forces, Police Force and Railway servants;
(ii) persons employed in any undertaking under the control of any Defence organisation or Railway administration;
(iii) persons in the service of a local council, a municipal committee, a cantonment board or any other local authority [6][:]
[7][Provided that a worker shall not cease to be a
worker for the reason that [8][* * *] the number of persons employed in the
establishment, at any time, is reduced to less than ten.]
[9][3. Levy of education cess.– (1) Every employer of an establishment in which the number of workers employed at any time during a year is [10][ten] or more shall pay to the [11][* * *] Government an education cess at the rate of one hundred rupees per worker per annum.
(2) Every
employer shall, within every three months beginning from the first day of the
calendar month following the commencement of the Workers Children (Amendment)
Act, 1973 (XXIV of 1973), prepare and deliver, or cause to be prepared and
delivered, in the form and to the officer prescribed by the [12][*
* *] Government, a return showing the number
of workers employed in the establishment during the preceding quarter and shall
subscribe a declaration of the truth of the return at the foot thereof.
(3) The levy of education cess shall be on the basis of the number of workers shown in the return referred to in sub-section (2).]
[13][4. Education
of workers children.– The [14][* * *] Government shall provide education free of
cost up to Matric [15][and thereafter in a Polytechnic or vocational
training institute] to one child [16][any level of education to two children] of every
worker employed in an establishment referred to in section 3.
Explanation.– Education free of cost includes provision of text books free of cost and exemption from admission fee, tuition fee, examination fee and school fund.]
[17][5. Manner
of levying cess.– The cess
described in section 3 shall be levied so far as may be, in the same manner,
and under the same provisions of law, as the land revenue [18][:]]
[19][Provided that the amount of the cess shall be held in a separate account and shall be expended only for the purposes of that Ordinance.]
[20][5A. Collection
and Administration of cess.– The
collection of cess referred to in section 3 and its administration may be
entrusted to the Social Security Institution or to such other agency as the [21][* * *] Government may nominate.]
[22][6. Power to
make rules.– The [23][* * *] Government may, by notification in the
official Gazette, make rules for carrying out the purposes of this Act.]
[1]Pursuant to the Proclamation of the 25th day of March,
1969, read with the Proclamation of the 20th day of December, 1971, and the
Provisional Constitution Order, and in exercise of all powers enabling him in
that behalf, the President of Pakistan promulgated this Ordinance which was
published in the Gazette of Pakistan dated 13 April 1972. The Ordinance was applied
to the Provincially Administered Tribal Areas or to the parts of those areas to which it did not already apply, see
Regulation No.I of 1972, s. 2 and Sch.
This Ordinance was originally
in the Federal ambit, however, the subject on which this law was enacted,
devolved to the provinces by virtue of 18th Amendment in the
Constitution, hence it was adapted, with amendments, for the province of the
Punjab by the Punjab Workers’ Children (Education) (Amendment) Act 2012 (XXIII
of 2012).
[2]Substituted for the word “
[3]Substituted by the Workers’
Children (Education) (Amendment) Act, 1973 (XXIV of 1973), s. 2, for clause
(b).
[4]Inserted by the
[5]Substituted for the words “any
person employed, whether directly or through any other person, in any
establishment to do any skilled or unskilled, manual or clerical work for hire
or reward whose monthly wages do not exceed three thousand rupees” by the
Punjab Workers’ Children (Education) (Amendment) Act 2012 (XXIII of 2012).
[8]The words “his monthly wages exceed three thousand rupees or” omitted by the Punjab Workers’ Children (Education) (Amendment) Act 2012 (XXIII of 2012).
[11]The word “Provincial” omitted by
the Workers’ Children (Education) (Amendment) Act 2012 (XXIII of 2012).
[14]The word “Provincial” omitted by
the Workers’ Children (Education) (Amendment) Act 2012 (XXIII of 2012).
[15]Inserted by Labour Laws (Amendment) Act, 1985 (XVI of 1985).
[16]Inserted by the Labour Laws (Amendment) Act, 1994 (XI of 1994).
[17]Substituted by the Workers’ Children (Education) (Amendment), Act, 1973 (XXIV of 1973), s.3.
[18]Substituted for the full-stop, by the Labour (Laws)
(Amendment) Act, 1975 (XI of 1975), s.2 and Sch.
[19]Added ibid.
[20]Added by the Labour Laws (Amendment) Act, 1994 (XI of 1994).
[21]The word “Provincial” omitted by
the Workers’ Children (Education) (Amendment) Act 2012 (XXIII of 2012).
[22]Substituted by the Workers’ Children (Education) (Amendment), Act, 1973 (XXIV of 1973), s.3.
[23]The word “Provincial” omitted by the Workers’ Children (Education) (Amendment) Act 2012 (XXIII of 2012).