THE
(Act XXVI of 2014)
C O N T E N T S
Section Heading
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
RIGHT TO FREE AND COMPULSORY EDUCATION
3. Right to free and compulsory education.
4. Duty to provide education.
5. Special provisions for education.
6. Transfer to other school.
CHAPTER III
DUTIES OF GOVERNMENT, LOCAL AUTHORITY AND PARENTS
7. Sharing of financial and other responsibilities.
8. Establishment of schools.
9. Duty of parent.
10. Pre-school education.
11. Management of schools.
12. Taleem Fund.
CHAPTER IV
RESPONSIBILITIES OF SCHOOLS AND TEACHERS
13. Responsibility of private school for free education.
14. Capitation fee and screening procedure.
15. Proof of age for admission.
16. Admission, expulsion and corporal punishment.
17. Duties of teachers.
CHAPTER V
PROTECTION OF RIGHT OF CHILDREN
18. Monitoring of right to education.
CHAPTER VI
MISCELLANEOUS
19. Inspections and directions.
20. Residuary penalty and liability of corporations.
21. Prosecution and compounding of the offences.
22. Summary trial.
23. Protection of action taken in good faith.
24. Power to make rules.
25. Act to override other laws.
26. Repeal.
[1]
THE
(Act XXVI of 2014)
[10 November 2014]
An Act to provide for free and compulsory education to all
children of the age of five to sixteen years.
Whereas Article 25A of the Constitution
of Islamic Republic of Pakistan enjoins that the State shall provide free and
compulsory education to all children of the age of five to sixteen years and,
for the purpose, it is expedient to make necessary provisions;
It
is enacted as follows:
CHAPTER I
PRELIMINARY
1. Short title,
extent and commencement.–(1) This Act may be cited as the
Punjab Free and Compulsory Education Act 2014.
(2) It shall
extend to whole of the
(3) It shall come into force on such
date as the Government may, by notification, determine and the Government may,
in like manner, determine different dates on which the specified provisions of
this Act shall come into force.
2. Definitions.– In this Act:
(a)
“child” means a
child from the age of five to sixteen years;
(b)
“capitation fee” means
any kind of donation or contribution or payment, by whatever name, other than
the fee notified by the Government or the local authority;
(c)
“disadvantaged child”
means a child who belongs to a socially and economically disadvantaged class,
or to any other group having disadvantage owing to social, or such other
reasons or who belongs to such a parent whose annual income is less than the
limit which the Government may, by notification, specify;
(d)
“education” means
teaching and training of mind and character by attendance in regular school
education, madrassa education, vocational training and special education in the
class room and school setting, or non-formal education or the education
prescribed for a child or category of children by the Government;
(e)
“free education”
implies that the Government or a local authority shall not charge any fee or
expense for providing education and shall endeavour
to remove financial barriers that may prevent a child from completing ten
years’ education;
(f)
“Government” means
Government of the
(g)
“local authority” means
a local government, an autonomous or semi-autonomous body or authority of the
Government, a public sector organization or body having administrative control
over a school or empowered by or under any law to function as a local
authority;
(h)
“parent” includes a
person having the care and custody of a child or a guardian appointed by a
court;
(i)
“prescribed” means
prescribed by rules;
(j)
“rules” means the
rules made under the Act;
(k)
“school” means an
educational institution imparting primary, elementary or secondary education to
the children and includes:
(i)
a
school owned or controlled by the Government or a local authority;
(ii)
a
school receiving aid or grant to meet whole or part of its expenses from the
Government, Federal Government or a local authority;
(iii) a school not receiving any kind of aid
or grant from the Government, Federal Government or a local authority; and
(iv) a Deeni
madrassa or any school providing religious education recognized by the
Government;
(l)
“screening procedure” means
the method of selection for admission of a child at nursery level or any other
initial level, in relation to another child other than a random method; and
(m)
“vocational education” includes the training of skills to
prepare trainees for jobs and careers at various levels from trade to a craft.
CHAPTER II
RIGHT TO FREE AND COMPULSORY EDUCATION
3. Right to free
and compulsory education.– (1)
Every child shall have a right to free and compulsory education from class one
to ten, non-formal education, vocational education or a combination of all or
any of the two as notified by the
Government considering the needs, capability and age of the child so as to
ensure completion of education or specified education in a school in the
neighborhood or the school allocated for the child.
(2) The
Government shall prescribe academic calendar for class one to class ten and for
non-formal education, vocational education and special education.
(3) For purposes of
subsection (1), a child or parent shall not be liable to pay any kind of fee or
charges or expenses for completing the education in a school mentioned in
sub-clause (i) of clause (k) of section 2.
(4) The
Government shall, in the prescribed manner, provide or cause to be provided
suitable education to a child suffering from disability or a special child.
4. Duty to provide education.–(1) The Government shall:
(a) provide free and compulsory education to every child in the
neighborhood school or the school allocated for the child;
(b) ensure good quality education conforming to the standards
and norms of quality education; and
(c) prepare an annual statement of the children admitted and
retained in the educational institutions.
(2) A
local government shall:
(a) maintain, in the prescribed manner, a record of children up
to the age of sixteen years residing within its jurisdiction; and
(b) ensure and monitor admission, attendance and completion of
education by every child residing within its jurisdiction.
5. Special
provisions for education.– If a child above five years of age has not been admitted
in any school or after admission, could not complete education, the local government shall, in the
prescribed manner, develop a mechanism to ensure admission of the child in a
school according to age, previous class and other circumstances.
6. Transfer to other school.– (1) Where in a school, there is no
provision for completion of the prescribed education, a child or a parent may
opt for transfer of the child to any
other school for completing his education.
(2) Where
a child is required to move from one area to another, for any reason, such
child shall continue to have a right to complete his education in such other
area.
(3) For
purposes of admission in another school, the incharge
of the school where the child was last admitted, shall
immediately issue the transfer certificate or school leaving certificate.
CHAPTER III
DUTIES OF GOVERNMENT, LOCAL AUTHORITY AND PARENTS
7. Sharing of financial and other
responsibilities.– (1) The Government and local
authority shall have concurrent responsibility for providing funds for carrying
out the purposes of this Act.
(2) The
Government may approach the Federal Government to provide as grants-in-aid such
percentage of expenditure for education as may be determined with mutual
consultation.
8. Establishment
of schools.– (1) For carrying out the
purposes of this Act, a local authority shall make arrangements for the
requisite number of schools, within such area as may be prescribed.
(2) The
Government shall devise a scheme for using the schools in the evening hours for
providing education to the children and for making arrangements for providing
non-formal education to the children in other educational institutions.
(3) The
Government and a local authority may encourage enterprises, institutions and
other segments of civil society, by granting exemption or rebate in taxes and
offering incentives for those who establish, maintain or run schools for
provision of free and compulsory education to children.
(4) The
Government and a local authority shall devise a system of grants-in-aid to
encourage admission of a child in a school and to support the school attendance
of a disadvantaged child.
9. Duty of parent.– (1) A parent shall admit or cause to be admitted the child for
education in a school or, as the case may be, in the school allocated for the
child.
(2) The parent shall,
except in the case of a reasonable excuse, cause the
child to attend a school in the neighborhood or the allocated school until the
said child has completed the education provided and contemplated for him.
(3) If a parent fails
to admit and keep the child in a school, he may not be entitled to any subsidy
or poverty targeted support of the Government and the Government may recommend
such a measure to the Federal Government or any other body providing such
subsidy or support.
Explanation:
Reasonable excuse for purposes of this
section shall include any of the following cases:
(a) where the
school management body is satisfied that the child is incapable of attending
school by reason of sickness or infirmity or that by reason of the child’s
mental incapacity it is not desirable that the child should be compelled to
attend a school or carry on his study further; or
(b) where the child is receiving, otherwise than in a school,
education or instructions which in the
opinion of the school management body, is sufficient.
10. Pre-school
education.– The Government or the local
authority may establish a kindergarten school or childcare centre in a local
area or consolidate or merge such schools or centres
for providing free pre-school education and early childhood care for the
children above the age of three years until they join a school for education.
11. Management
of schools.– The Government or the local
authority shall establish a school management body of a public school
consisting of its representatives, teachers, parents of children admitted to
the school and confer on it the prescribed powers in relation to the school.
12. Taleem Fund.– (1) The Government may permit a school management body to establish, in the prescribed manner, a Taleem Fund for the school.
(2) All voluntary contributions from the philanthropists, alumni,
students and parents shall be credited to the Taleem
Fund, maintained at a scheduled Bank.
(3) The Fund shall be utilized for the welfare of the students of the
school in the prescribed manner.
(4) All moneys from the Fund shall be withdrawn in the prescribed
manner jointly by at least two members of the school management body.
CHAPTER IV
RESPONSIBILITIES OF SCHOOLS AND TEACHERS
13. Responsibility
of private school for free education.– For
purposes of this Act, a private sector school:
(a) specified in sub-clause (ii) of clause
(k) of section 2, shall provide free education to such proportion of children
admitted therein as its annual aid or grant so received bears to its annual
recurring expenses;
(b) specified in
sub-clauses (iii) and (iv) of clause (k) of section 2, shall admit in class one
and then in every class, ten percent of the strength of that class, children,
including disadvantaged children of the neighbourhood
or other children as may be determined by the Government, and shall provide
free and compulsory education to such children or, in the alternative,
provide prescribed vouchers for education of disadvantaged children in any
other school, as may be determined by the Government;
(c) shall provide the information pertaining to
the students admitted under clauses (a) and (b) to the Government, the local
authority or any other prescribed authority; and
(d) shall not require a parent to purchase textbooks, uniform or other material
from a particular vendor or provider and shall not charge any amount other than
tuition fee, admission fee or prescribed security in the name and style of
building fund or under any other name or style.
14. Capitation
fee and screening procedure.–(1)
No school or person shall, while admitting a child in the school:
(a)
collect
any capitation fee; or
(b)
in case of schools
owned or controlled by the Government or a local authority, subject the child
or his parent to any screening procedure.
(2) Any school or
person who, in contravention of the provisions of subsection (1),-
(a) receives
capitation fee, shall be punishable with fine which may extend to twenty times the capitation fee charged in
the first instance and fifty thousand rupees for each subsequent instance of
the contravention; or
(b) subjects a child or parent to screening procedure, shall be
punishable with fine which may extend to fifty thousand rupees in the first
instance and one hundred thousand rupees for each subsequent instance of
contravention.
15. Proof of age for admission.–
(1) For purposes of admission to a school, the age of a child shall be
determined on the basis of the birth certificate or such other document as may
be prescribed but a child shall not be denied admission in a school for lack of
proof of age.
(2) If
a child is admitted in a school without producing the birth certificate, the incharge of the school shall send, in writing, the
particulars of the child to the local authority responsible for birth
registration of the child.
16. Admission,
expulsion and corporal punishment.– (1) Subject to such exceptions as may be prescribed, a
school shall admit children at the commencement of every academic year.
(2) Subject to the
provisions of sections 3 and 6, a school shall not transfer or expel a child
admitted in the school till the completion of the prescribed education until:
(a) arrangement is made for transfer of the child to any other
school in the prescribed manner;
(b) the child has been assessed in two consecutive annual
examinations as being below the educational standard of the school;
(c) a reasoned judgment has been passed by the disciplinary
committee of the school that further retention of the child in such school
shall be detrimental to the discipline of the school; or
(d) the child or parent fails to fulfill any prescribed
condition including non-payment of fee of a private school.
(3) If a child is
expelled from a school under subsection (2), the incharge
of the school shall immediately inform the local government and to such officer
as the Government may authorize to receive such communication.
(4) The teacher or incharge of a school shall ensure that a child studying in
the school is not subjected to corporal punishment or harassment.
(5) A person who
contravenes any provision of this section shall be guilty of gross misconduct
and shall be liable to disciplinary action under the law or contract of service
of such person.
17. Duties
of teachers.– (1) The incharge
of a school shall effectively carry out
his functions and shall enforce discipline amongst the teachers and the
students.
(2) A teacher
including the incharge shall:
(a)
maintain
regularity and punctuality in attending the school, classes, curricular and
co-curricular activities;
(b)
complete
the curriculum within the specified time;
(c)
assess
the learning abilities of every child and impart additional instructions, if
required;
(d)
try
for all round development of the child;
(e)
build
up child’s knowledge, potential and talent;
(f)
adopt
learning through activities, discovery and exploration in a child-friendly and
child-centered manner;
(g)
keep
the child free of fear, trauma and anxiety and help the child to express his views
freely;
(h)
hold
regular meetings with parents and share with them the relevant information
about the child; and
(i)
perform such other
duties as may be prescribed.
(3) A teacher who
fails to perform the duties specified in subsection (1) in a satisfactory manner
shall be liable to disciplinary action under the relevant service laws or terms
of service contract.
CHAPTER V
PROTECTION OF RIGHT OF CHILDREN
18. Monitoring
of right to education.– (1) The
Government shall:
(a) take all necessary measures for the effective implementation
of this Act; and
(b) inquire into complaints relating to right to education and
take appropriate action.
(2) Any person having
any grievance relating to the rights of a child to education may make a written
complaint to the Government or to the prescribed authority.
(3) On receipt of a
complaint under subsection (2), the Government or the prescribed authority
shall decide the matter within the period of thirty days after affording a
reasonable opportunity of being heard to the parties.
(4) Any order passed
under this section shall be final and the administration of the school shall
implement such order.
CHAPTER VI
MISCELLANEOUS
19. Inspections
and directions.– (1) In addition to the routine
quality assurance of the schools and education of different levels, the
prescribed authority shall inspect or cause to be inspected a school for
purposes of ascertaining that this Act and the rules have been and are being
complied with.
(2) The Government
may issue such guidelines and give such directions to a local authority, as it
deems fit, for effective implementation of this Act.
(3) A school shall
provide such information as the Government or the prescribed authority may
require.
20. Residuary penalty and liability of corporations.–
(1) Unless otherwise provided, if a person contravenes any order made under
this Act, he shall be punished with imprisonment for a term which may extend to
six months or with fine which may extend to fifty thousand rupees or with both.
(2) If
the person contravening an order made under this Act or any penal provision of
the Act is a Company or other body corporate, every director, manager,
secretary or other officer or agent thereof shall, unless he proves that the
contravention took place without his knowledge or that he exercised all due
diligence to prevent such contravention, be deemed to be guilty of such
contravention.
21. Prosecution
and compounding of the offences.–
(2) An offence under
this Act shall be bailable and compoundable.
(3) An officer so
authorized by the prescribed authority may, in the prescribed manner, compound
any offence punishable under this Act on payment, within such time as may be
specified in the order, of specified sum of money which shall not exceed fifty
percent of the amount of the maximum fine to which the person would have been
liable if he had been convicted of the offence.
22. Summary trial.–(1) Notwithstanding anything contained in the Code of
Criminal Procedure 1898 (V of 1898)
but subject to subsection (3), the Court shall summarily try an offence
punishable under this Act on the basis of a complaint submitted by the
authorized officer of the prescribed authority and may impose punishment of
imprisonment for a term not exceeding six months or fine not exceeding fifty
thousand rupees.
(2) The
Court shall conduct the summary trial of an offence under the Act in accordance
with the provisions of Chapter XXII of the Code of Criminal Procedure 1898 (V of 1898) relating to the summary
trials.
(3) If the Court is
of opinion that the nature of the offence does justify summary trial, it may
conduct proceedings in accordance with the provisions of Chapter XX of the Code
of Criminal Procedure 1898 (V of 1898).
23. Protection
of action taken in good faith.– No suit or other legal proceeding shall lie against the
Government, the prescribed authority, a local authority or any other person, in
respect of anything which is in good faith done under this Act, the rules or
any order made under the Act.
24. Power to make rules.– (1) The
Government may, by notification, make rules for carrying out the purposes of
this Act.
(2) In particular, and without prejudice to the generality of
the foregoing powers, such rules may provide for any of the following matters:
(a)
manner
of maintenance of records of children;
(b)
criteria for determination
of disadvantage children or payment of vouchers;
(c)
the
area or limits for establishment of a neighbourhood
school;
(d)
extended
period for admission of a child and the manner of completing study by the child
if admitted after the extended period;
(e)
academic
calendar;
(f)
duties
to be performed by the teachers;
(g)
the
manner of redressing grievances of teachers, students or any other person;
(h)
the
manner of giving opportunity of hearing under this Act;
(i)
receipt of contribution, utilization and withdrawal
of money from the Taleem Fund; and
(j)
maintenance and audit of accounts.
25. Act to override other laws.– Notwithstanding
anything contained in any other law, this Act shall have overriding effect and
all such other laws shall be brought in conformity with the scheme and the
objectives of this Act within a period of five years.
26. Repeal.– The Punjab Compulsory Primary Education Act, 1994 (IX of
1994) and the Punjab Free and Compulsory Education Ordinance 2014 (V of 2014) are
hereby repealed.
[1]This Act was passed by the
Punjab Assembly on 27 October 2014; assented to by the Governor of the