WORKERS CHILDREN (EDUCATION) ORDINANCE, 1972

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 3e6b95be43ed147d412d24163749e45df6c0806b680f744f26d462cf4f54234d.

THE WORKERS' CHILDREN (EDUCATION) ORDINANCE, 
1972 
(XI of 1972) 
CONTENTS 
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 
TEXT 
1
THE WORKERS' CHILDREN (EDUCATION) ORDINANCE, 1972 
(XI of 1972) 
[13thApril, 1972] 
An 
Ordinance 
to provide for the education of workers' children and matters ancillary thereto 
Preamble.– WHEREAS it is expedient to provide for the education of workers' 
children and for matters ancillary thereto; 
AND WHEREAS the national interest of Pakistan in relation to the economic 
and financial stability of Pakistan and the achievement of uniformity requires 
2
[Federal] legislation in the matter; 
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.– (1) This Ordinance may be called 
the Workers' Children (Education) Ordinance, 1972. 
(2)  It extends to the whole of 
3
[the Punjab]. 
(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; 
4
[(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;] 
                                                 
1Pursuant 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, pages 522-523. 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); and published in the Punjab 
Gazette (Extraordinary), dated 11.2.2012, pages 40167-40168. 
2Substituted for the word “Central” by the Federal Adaptation of Laws Order, 1975 (P.O.4 of 1975); and published in the 
Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 (3) and Table of General Adaptations.  
3Substituted for the word “Pakistan” by the Punjab Workers’ Children (Education) (Amendment) Act 2012 (Act XXIII of 2012); 
and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40167-40168, s.2. 
4CIause (b) substituted for the original by the Workers’ Children (Education) (Amendment) Act ,1973 (XXIV of 1973); and 
published in the Punjab Gazette (Extraordinary), Part I, dated 9.2.1973, s.2 
5
[(bb) “Government” means Government of the Punjab;] 
(c) "worker” means 
6
[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, 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
7
[:] 
8
[Provided that a worker shall not cease to be a worker for the 
reason that 
9
[****] the number of persons employed in the 
establishment, at any time is reduced to less than ten.] 
10
[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 
11
[ten] or more shall 
pay to the 
12
[****] Government an education cess at the rate of one hundred rupees 
per worker per annum.
13
 
(2) Every employer shall, within every three months beginning from the 
first day of the calendar month following the 
14
commencement of the Workers' 
Children (Amendment) Act, 1973, prepare and deliver, or cause to be prepared and 
delivered, in the form and to the officer prescribed by the 
15
[****] 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 
                                                 
5Inserted by the Punjab Workers’ Children (Education) (Amendment) Act 2012 (Act XXIII of 2012); and published in the Punjab 
Gazette (Extraordinary), dated 11.2.2012, pages 40167-40168, s.3. 
6Substituted 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 (Act XXIII of 2012); and published in the Punjab Gazette 
(Extraordinary), dated 11.2.2012, pages 40167-40168, s.3. 
7At the end of section 2, in clause (c )(iii), a colon is substituted for full stop by the Labour Laws (Amendment) Act, 1994 (XI of 
1994); and published in the Gazette of Pakistan (Extraordinary), Pt. 1, dated 29.6.1994, pages, 224-235, see s.7 (1)(a)(ii). 
8Proviso added by the Labour Laws (Amendment) Act, 1994 (XI of 1994); and published in the Gazette of Pakistan 
(Extraordinary), Pt. 1, dated 29.6.1994, pages, 224-235, see s.7 (1)(a)(ii). 
9Omitted the words “his monthly wages exceed three thousand rupees or”by the Punjab Workers’ Children (Education) 
(Amendment) Act 2012 (Act XXIII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 
40167-40168, s.5. 
10Section 3, 4 & 5 substituted for the original sections 3, 4 & 5 by the Workers’ Children (Education) (Amendment) Act ,1973 
(XXIV of 1973); and published in the Punjab Gazette (Extraordinary), Part I, dated 9.2.1973, s.3  
11Substituted for "twenty" by the Labour Laws (Amendment) Act, 1985 (XVI of 1985); and published in the Punjab Gazette 
(Extraordinary), date 27.7.1985, see s.2 and Schedule. 
12Omitted the word “Provincial” by the Punjab Workers’ Children (Education) (Amendment) Act 2012 (Act XXIII of 2012); and 
published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40167-40168, s.4. 
13Non-payment of cess attracts the provisions of Sind Tax Evasion (Punishment) Act, 1974, which was amended by Sind Act, 
XI of 1976 to provide penalty for such non payment in the Province of Sind. Sind Govt Gaz. Extr' 15 July, 1976, Pt. IV. p. 127 
14Viz. February 9, 1973. 
15Omitted the word “Provincial” by the Punjab Workers’ Children (Education) (Amendment) Act 2012 (Act XXIII of 2012); and 
published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40167-40168, s.4. 
workers shown in the return referred to in sub-section (2). 
16
[4. Education of Workers' Children.–The 
17
[****] Government shall provide 
education free of cost up to 
18
[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. 
19
[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 
20
[:] 
21
[Provided that the amount of the cess shall be held in a separate account 
and shall be expended only for the purposes of this Ordinance.] 
22
[5-A. 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 
23
[****] Government may nominate.] 
24
[6. Power to make rules.–The 
25
[****] Government may, by notification in the 
Official Gazette, make rules for carrying out the purposes of this Act.] 
                                                 
16Section 3, 4 & 5 substituted for the original sections 3, 4 & 5 by the Workers’ Children (Education) (Amendment) Act ,1973 
(XXIV of 1973); and published in the Punjab Gazette (Extraordinary), Part I, dated 9.2.1973, s.3  
17Omitted the word “Provincial” by the Punjab Workers’ Children (Education) (Amendment) Act 2012 (Act XXIII of 2012); and 
published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40167-40168, s.4. 
18Substituted in section 4, for the words “Matric and thereafter in a Poly-technic or vocational training institute to one child” by 
the Labour laws (Amendment) Act, 1994 (XI of 1994); and published in the Gazette of Pakistan (Extraordinary), Pt. 1, dated 
29.6.1994, pages, 224-235, see s.7 (2). Previously the words “and thereafter in a Poly-technic or vocational training institute” 
was inserted by the Labour Laws (Amendment) Act, 1985 (XVI of 1985); and published in the Punjab Gazette (Extraordinary), 
date 27.7.1985, see s.2 and Schedule.  
19Section 3, 4 & 5 substituted for the original sections 3, 4 & 5 by the Workers’ Children (Education) (Amendment) Act ,1973 
(XXIV of 1973); and published in the Punjab Gazette (Extraordinary), Part I, dated 9.2.1973, s.3  
20Substituted for the full-stop, by the Labour (Laws) (Amendment) Act, 1975 (XI of 1975); and published in the Gazette of 
Pakistan (Extraordinary), Part I, dated 25.1.1975, s.2 and Schedule, at serial No.5. 
21Proviso added ibid. 
22New section 5A inserted by the Labour laws (Amendment) Act, 1994 (XI of 1994); and published in the Gazette of Pakistan 
(Extraordinary), Part 1, dated 29.6.1994, pages, 224-235, see s.7 (3). 
23Omitted the words “Provincial” by the Punjab Workers’ Children (Education) (Amendment) Act 2012 (Act XXIII of 2012); and 
published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40167-40168, s.5. 
24Added by the Workers’ Children (Education) (Amendment) Act ,1973 (XXIV of 1973); and published in the Punjab Gazette 
(Extraordinary), Part I, dated 9.2.1973, s.3  
25Omitted the word “Provincial” by the Punjab Workers’ Children (Education) (Amendment) Act 2012 (Act XXIII of 2012); and 
published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40167-40168, s.5.