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  "title": "WORKERS CHILDREN (EDUCATION) ORDINANCE, 1972",
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  "text": "THE WORKERS' CHILDREN (EDUCATION) ORDINANCE, \r\n1972 \r\n(XI of 1972) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Levy of Education Cess \r\n4. Education of workers' children \r\n5. Manner of levying cess \r\n5A. Collection and Administration of cess \r\n6. Power to make rules \r\nTEXT \r\n1\r\nTHE WORKERS' CHILDREN (EDUCATION) ORDINANCE, 1972 \r\n(XI of 1972) \r\n[13thApril, 1972] \r\nAn \r\nOrdinance \r\nto provide for the education of workers' children and matters ancillary thereto \r\nPreamble.– WHEREAS it is expedient to provide for the education of workers' \r\nchildren and for matters ancillary thereto; \r\nAND WHEREAS the national interest of Pakistan in relation to the economic \r\nand financial stability of Pakistan and the achievement of uniformity requires \r\n2\r\n[Federal] legislation in the matter; \r\nNOW, THEREFORE, in pursuance of the Proclamation of the 25th day of \r\nMarch, 1969, read with the Proclamation of the 20th day of December, 1971, and the \r\nProvisional Constitution Order, and in exercise of all powers enabling him in that \r\nbehalf, the President is pleased to make and promulgate the following Ordinance:– \r\n1. Short title, extent and commencement.– (1) This Ordinance may be called \r\nthe Workers' Children (Education) Ordinance, 1972. \r\n(2)  It extends to the whole of \r\n3\r\n[the Punjab]. \r\n(3)  It shall come into force at once. \r\n2. Definitions.– In this Ordinance, unless there is anything repugnant in the \r\nsubject or context,– \r\n(a) \"employer\", in relation to an establishment, means the person who has \r\nultimate control over the affairs of the establishment; \r\n4\r\n[(b) \"establishment\" means any office, firm, industrial unit, undertaking, \r\nshop or premises in which workers are employed for the purpose of \r\ncarrying on any business, trade, manufacture, calling, service, \r\nemployment or occupation;] \r\n                                                 \r\n1Pursuant to the Proclamation of the 25th day of March, 1969, read with the Proclamation of the 20th day of December, 1971, \r\nand the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the President of Pakistan \r\npromulgated this Ordinance which was published in the Gazette of Pakistan dated 13 April 1972, pages 522-523. The \r\nOrdinance was applied to the Provincially Administered Tribal Areas or to the parts of those areas to which it did not already \r\napply, see Regulation No.I of 1972, s. 2 and Sch. \r\nThis Ordinance was originally in the Federal ambit, however, the subject on which this law was enacted, devolved to the \r\nprovinces by virtue of 18th Amendment in the Constitution, hence it was adapted, with amendments, for the province of the \r\nPunjab by the Punjab Workers’ Children (Education) (Amendment) Act 2012 (XXIII of 2012); and published in the Punjab \r\nGazette (Extraordinary), dated 11.2.2012, pages 40167-40168. \r\n2Substituted for the word “Central” by the Federal Adaptation of Laws Order, 1975 (P.O.4 of 1975); and published in the \r\nGazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 (3) and Table of General Adaptations.  \r\n3Substituted for the word “Pakistan” by the Punjab Workers’ Children (Education) (Amendment) Act 2012 (Act XXIII of 2012); \r\nand published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40167-40168, s.2. \r\n4CIause (b) substituted for the original by the Workers’ Children (Education) (Amendment) Act ,1973 (XXIV of 1973); and \r\npublished in the Punjab Gazette (Extraordinary), Part I, dated 9.2.1973, s.2 \r\n5\r\n[(bb) “Government” means Government of the Punjab;] \r\n(c) \"worker” means \r\n6\r\n[a worker as defined in section 2 of the Punjab \r\nIndustrial Relations Act 2010 (XIX of 2010)], but does not include– \r\n(i) Persons in the service of the State including members of the \r\nArmed Forces, Police Force, Railway servants; \r\n(ii) Persons employed in any undertaking under the control of any \r\nDefence organisation or Railway administration; \r\n(iii) persons in the service of a local council, a municipal committee, \r\na cantonment board or any other local authority\r\n7\r\n[:] \r\n8\r\n[Provided that a worker shall not cease to be a worker for the \r\nreason that \r\n9\r\n[****] the number of persons employed in the \r\nestablishment, at any time is reduced to less than ten.] \r\n10\r\n[3. Levy of education cess.– (1) Every employer of an establishment in which \r\nthe number of workers employed at any time during a year is \r\n11\r\n[ten] or more shall \r\npay to the \r\n12\r\n[****] Government an education cess at the rate of one hundred rupees \r\nper worker per annum.\r\n13\r\n \r\n(2) Every employer shall, within every three months beginning from the \r\nfirst day of the calendar month following the \r\n14\r\ncommencement of the Workers' \r\nChildren (Amendment) Act, 1973, prepare and deliver, or cause to be prepared and \r\ndelivered, in the form and to the officer prescribed by the \r\n15\r\n[****] Government, a \r\nreturn showing the number of workers employed in the establishment during the \r\npreceding quarter and shall subscribe a declaration of the truth of the return at the \r\nfoot thereof. \r\n(3) The levy of education cess shall be on the basis of the number of \r\n                                                 \r\n5Inserted by the Punjab Workers’ Children (Education) (Amendment) Act 2012 (Act XXIII of 2012); and published in the Punjab \r\nGazette (Extraordinary), dated 11.2.2012, pages 40167-40168, s.3. \r\n6Substituted for the words “any person employed, whether directly or through any other person, in any establishment to do any \r\nskilled or unskilled, manual or clerical work for hire or reward whose monthly wages do not exceed three thousand rupees” by \r\nthe Punjab Workers’ Children (Education) (Amendment) Act 2012 (Act XXIII of 2012); and published in the Punjab Gazette \r\n(Extraordinary), dated 11.2.2012, pages 40167-40168, s.3. \r\n7At 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 \r\n1994); and published in the Gazette of Pakistan (Extraordinary), Pt. 1, dated 29.6.1994, pages, 224-235, see s.7 (1)(a)(ii). \r\n8Proviso added by the Labour Laws (Amendment) Act, 1994 (XI of 1994); and published in the Gazette of Pakistan \r\n(Extraordinary), Pt. 1, dated 29.6.1994, pages, 224-235, see s.7 (1)(a)(ii). \r\n9Omitted the words “his monthly wages exceed three thousand rupees or”by the Punjab Workers’ Children (Education) \r\n(Amendment) Act 2012 (Act XXIII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages \r\n40167-40168, s.5. \r\n10Section 3, 4 & 5 substituted for the original sections 3, 4 & 5 by the Workers’ Children (Education) (Amendment) Act ,1973 \r\n(XXIV of 1973); and published in the Punjab Gazette (Extraordinary), Part I, dated 9.2.1973, s.3  \r\n11Substituted for \"twenty\" by the Labour Laws (Amendment) Act, 1985 (XVI of 1985); and published in the Punjab Gazette \r\n(Extraordinary), date 27.7.1985, see s.2 and Schedule. \r\n12Omitted the word “Provincial” by the Punjab Workers’ Children (Education) (Amendment) Act 2012 (Act XXIII of 2012); and \r\npublished in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40167-40168, s.4. \r\n13Non-payment of cess attracts the provisions of Sind Tax Evasion (Punishment) Act, 1974, which was amended by Sind Act, \r\nXI 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 \r\n14Viz. February 9, 1973. \r\n15Omitted the word “Provincial” by the Punjab Workers’ Children (Education) (Amendment) Act 2012 (Act XXIII of 2012); and \r\npublished in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40167-40168, s.4. \r\nworkers shown in the return referred to in sub-section (2). \r\n16\r\n[4. Education of Workers' Children.–The \r\n17\r\n[****] Government shall provide \r\neducation free of cost up to \r\n18\r\n[any level of education to two children] of every worker \r\nemployed in an establishment referred to in section 3. \r\nExplanation.– 'Education free of cost' includes provision of text books free of cost \r\nand exemption from admission fee, tuition fee, examination fee and school fund. \r\n19\r\n[5. Manner of levying cess.– The cess described in section 3 shall be levied so \r\nfar as may be, in the same manner, and under the same provisions of law, as the \r\nland revenue \r\n20\r\n[:] \r\n21\r\n[Provided that the amount of the cess shall be held in a separate account \r\nand shall be expended only for the purposes of this Ordinance.] \r\n22\r\n[5-A. Collection and administration of cess.–The collection of cess referred to in \r\nsection 3 and its administration may be entrusted to the Social Security Institution or \r\nto such other agency as the \r\n23\r\n[****] Government may nominate.] \r\n24\r\n[6. Power to make rules.–The \r\n25\r\n[****] Government may, by notification in the \r\nOfficial Gazette, make rules for carrying out the purposes of this Act.] \r\n                                                 \r\n16Section 3, 4 & 5 substituted for the original sections 3, 4 & 5 by the Workers’ Children (Education) (Amendment) Act ,1973 \r\n(XXIV of 1973); and published in the Punjab Gazette (Extraordinary), Part I, dated 9.2.1973, s.3  \r\n17Omitted the word “Provincial” by the Punjab Workers’ Children (Education) (Amendment) Act 2012 (Act XXIII of 2012); and \r\npublished in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40167-40168, s.4. \r\n18Substituted in section 4, for the words “Matric and thereafter in a Poly-technic or vocational training institute to one child” by \r\nthe Labour laws (Amendment) Act, 1994 (XI of 1994); and published in the Gazette of Pakistan (Extraordinary), Pt. 1, dated \r\n29.6.1994, pages, 224-235, see s.7 (2). Previously the words “and thereafter in a Poly-technic or vocational training institute” \r\nwas inserted by the Labour Laws (Amendment) Act, 1985 (XVI of 1985); and published in the Punjab Gazette (Extraordinary), \r\ndate 27.7.1985, see s.2 and Schedule.  \r\n19Section 3, 4 & 5 substituted for the original sections 3, 4 & 5 by the Workers’ Children (Education) (Amendment) Act ,1973 \r\n(XXIV of 1973); and published in the Punjab Gazette (Extraordinary), Part I, dated 9.2.1973, s.3  \r\n20Substituted for the full-stop, by the Labour (Laws) (Amendment) Act, 1975 (XI of 1975); and published in the Gazette of \r\nPakistan (Extraordinary), Part I, dated 25.1.1975, s.2 and Schedule, at serial No.5. \r\n21Proviso added ibid. \r\n22New section 5A inserted by the Labour laws (Amendment) Act, 1994 (XI of 1994); and published in the Gazette of Pakistan \r\n(Extraordinary), Part 1, dated 29.6.1994, pages, 224-235, see s.7 (3). \r\n23Omitted the words “Provincial” by the Punjab Workers’ Children (Education) (Amendment) Act 2012 (Act XXIII of 2012); and \r\npublished in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40167-40168, s.5. \r\n24Added by the Workers’ Children (Education) (Amendment) Act ,1973 (XXIV of 1973); and published in the Punjab Gazette \r\n(Extraordinary), Part I, dated 9.2.1973, s.3  \r\n25Omitted the word “Provincial” by the Punjab Workers’ Children (Education) (Amendment) Act 2012 (Act XXIII of 2012); and \r\npublished in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40167-40168, s.5.",
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