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
[2][(3) It shall come
into force at once.]
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
[2]Substituted by the
Punjab Free and Compulsory Education (Amendment) Act, 2022 (XXII of 2022); for
the following:
“(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.”