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  "title": "PUNJAB FREE AND COMPULSORY EDUCATION ACT 2014",
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  "text": "THE PUNJAB FREE AND COMPULSORY EDUCATION ACT \r\n2014 \r\n(XXVI of 2014) \r\nCONTENTS \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement \r\n2. Definitions \r\nCHAPTER II \r\nRIGHT TO FREE AND COMPULSORY EDUCATION \r\n3. Right to free and compulsory education \r\n4. Duty to provide education \r\n5. Special provisions for education \r\n6. Transfer to other school \r\nCHAPTER III \r\nDUTIES OF GOVERNMENT, LOCAL AUTHORITY AND PARENTS \r\n7. Sharing of financial and other responsibilities \r\n8. Establishment of schools \r\n9. Duty of parent \r\n10. Pre-school education \r\n11. Management of schools \r\n12. Taleem Fund \r\nCHAPTER IV \r\nRESPONSIBILITIES OF SCHOOLS AND TEACHERS \r\n13. Responsibility of private school for free education \r\n14. Capitation fee and screening procedure \r\n15. Proof of age for admission \r\n16. Admission, expulsion and corporal punishment \r\n17. Duties of teachers \r\nCHAPTER V \r\nPROTECTION OF RIGHT OF CHILDREN \r\n18. Monitoring of right to education \r\nCHAPTER VI \r\nMISCELLANEOUS \r\n19. Inspections and directions \r\n20. Residuary penalty and liability of corporations \r\n21. Prosecution and compounding of the offences \r\n22. Summary trial \r\n23. Protection of action taken in good faith \r\n24. Power to make rules \r\n25. Act to override other laws \r\n26. Repeal \r\nTEXT \r\n1\r\nTHE PUNJAB FREE AND COMPULSORY EDUCATION ACT 2014  \r\n(XXVI of 2014) \r\n[10th November, 2014] \r\nAn \r\nAct \r\nto provide for free and compulsory education to all children of the age of five to \r\nsixteen years. \r\n Whereas Article 25A of the Constitution of Islamic Republic of Pakistan enjoins \r\nthat the State shall provide free and compulsory education to all children of the age of \r\nfive to sixteen years and, for the purpose, it is expedient to make necessary provisions; \r\n It is enacted as follows: \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement .– (1) This Act may be cited as the \r\nPunjab Free and Compulsory Education Act 2014. \r\n (2) It shall extend to whole of the Punjab. \r\n2[(3) It shall come into force at once.] \r\n2. Definitions.– In this Act:  \r\n(a) “child” means a child from the age of five to sixteen years; \r\n(b) “capitation fee” means any kind of donation or contribution or payment, \r\nby whatever name, other than the fee notified by the Government or the \r\nlocal authority; \r\n(c) “disadvantaged c hild” means a child who belongs to a socially and \r\neconomically disadvantaged class, or to any  other group having \r\ndisadvantage owing to social, or such other reasons or who belongs to \r\nsuch a parent whose annual income is l ess than the li mit which the \r\nGovernment may, by notification, specify; \r\n(d) “education” means teaching and training of mind and character by \r\nattendance in regular school education, madrassa education, vocational \r\ntraining and special e ducation in the class room and school setting, or \r\nnon-formal education or the education prescribed for a child or category \r\nof children by the Government; \r\n(e) “free education” implies that the Government or a local authority  shall \r\nnot charge any fee or expense for providing education and shall \r\n \r\n1This Act was passed by the Punjab Assembly on 27 October 2014; assented to by the Governor of the Punjab on 08 November \r\n2014; and, was published in the Punjab Gazette (Extraordinary), dated 10 November 2014, pages 1699-1705. \r\n2Substituted by the Punjab Free and Compulsory Education (Amendment) Act 2022 (XX II of 2022), published in the Punjab \r\nGazette (Extraordinary), dated: 24 October 2022, pp.1429, s.2. \r\n \r\nendeavour to remove financial barriers that may prevent a child from \r\ncompleting ten years’ education; \r\n(f) “Government” means Government of the Punjab; \r\n(g) “local authority” means a local government, an autonomous or semi -\r\nautonomous body or authority of the Government, a public sector \r\norganization or body having administrative control over a school or \r\nempowered by or under any law to function as a local authority; \r\n(h) “parent” includes a person having the care and custody of a child or a \r\nguardian appointed by a court; \r\n(i) “prescribed” means prescribed by rules; \r\n(j) “rules” means the rules made under the Act; \r\n(k) “school” means an educational institution imparting primary, elementary \r\nor secondary education to the children and includes:  \r\n(i) a school owned or controlled by the Government or a local \r\nauthority; \r\n(ii) a school receiving aid or grant to meet whole or part of its \r\nexpenses from the Government, Federal Government or a local \r\nauthority; \r\n(iii) a school not receiving any kind of aid or grant from the \r\nGovernment, Federal Government or a local authority; and \r\n(iv) a Deeni madrassa or any school providing religious education \r\nrecognized by the Government; \r\n(l) “screening procedure” means the method of selection for admission of a \r\nchild at nursery level or any other initial level, in relation to another child \r\nother than a random method; and \r\n(m) “vocational education” includes the training of skills to prepare trainees \r\nfor jobs and careers at various levels from trade to a craft. \r\nCHAPTER II \r\nRIGHT TO FREE AND COMPULSORY EDUCATION \r\n3. Right to free and compulsory e ducation.– (1) Every child shall have a right \r\nto free and com pulsory education from class one to ten , non-formal education, \r\nvocational education or a combination of all or any of the two  as notified by the \r\nGovernment considering the needs, capability and age of the child so as to ensure \r\ncompletion of education or specified education in a school in the neighborhood or the \r\nschool allocated for the child. \r\n (2) The Government shall prescribe academic calendar for class one to \r\nclass ten and for non-formal education, vocational education and special education.  \r\n (3) For purposes of sub section (1), a child or parent shall not be liable to \r\npay any kind of fee or charges or expenses for completing the education in a school \r\nmentioned in sub-clause (i) of clause (k) of section 2. \r\n (4) The Government shall, in the prescribed manner, provide or cause to be \r\nprovided suitable education to a child suffering from disability or a special child. \r\n4. Duty to provide education.– (1) The Government shall: \r\n(a) provide free and compulsory education to every child  in the \r\nneighborhood school or the school allocated for the child; \r\n(b) ensure good quality education conforming to the standards and norms \r\nof quality education; and  \r\n(c) prepare an annual statement of the children admitted and retained in the \r\neducational institutions.  \r\n(2) A local government shall: \r\n(a) maintain, in the prescribed manner, a record of children up to the age of \r\nsixteen years residing within its jurisdiction; and \r\n(b) ensure and monitor admission, attendance and completion of education \r\nby every child residing within its jurisdiction.   \r\n5.  Special provisions for education.– If a child above five years of age has not \r\nbeen admitted in any school or after admission, could not complete education, the \r\nlocal government shall, in the prescribed manner, develop a mechanism to ensure \r\nadmission of the child in a school according to age , previous class and other \r\ncircumstances. \r\n6.  Transfer to other school .– (1) Where in a school, there is no provision for \r\ncompletion of the prescribed education, a child or a parent may opt for transfer of the  \r\nchild to any other school for completing his education. \r\n (2)  Where a child is required to move from one area to another, for any \r\nreason, such child shall continue to have a right to complet e his education in such \r\nother area. \r\n (3)  For purposes of admission in another school, the incharge of the school \r\nwhere the child was last admitted, shall immediately  issue the transfer certificate  or \r\nschool leaving certificate. \r\nCHAPTER III \r\nDUTIES OF GOVERNMENT, LOCAL AUTHORITY AND PARENTS \r\n7.  Sharing of financial and other r esponsibilities.– (1) The Government  and \r\nlocal authority shall have concurrent responsibility for providing funds for carrying out \r\nthe purposes of this Act.  \r\n(2) The Government may approach the Federal Government to provide as \r\ngrants-in-aid such percentage of expenditure for education as may be determined with \r\nmutual consultation.  \r\n8. Establishment of schools.– (1) For carrying out the p urposes of this Act, a \r\nlocal authority shall make arrangements for  the requisite number of schools , within \r\nsuch area as may be prescribed. \r\n (2) The Government shall devise a  scheme for using the schools in the \r\nevening hours for providing education to the children and for making arrangements for \r\nproviding non-formal education to the children in other educational institutions.  \r\n (3) The Government and a local a uthority may encourage enterprises, \r\ninstitutions and other segments of civil society, by granting exemption or rebate in \r\ntaxes and offering incentives  for those who  establish, maintain or run schools for \r\nprovision of free and compulsory education to children.  \r\n (4) The Government and a local authority shall devise a system of grants-\r\nin-aid to encourage admission of a child in a school and to support the school \r\nattendance of a disadvantaged child. \r\n9. Duty of parent.– (1) A parent shall admit or cause to be admitted the child for \r\neducation in a school or, as the case may be, in the school allocated for the child. \r\n(2) The parent shall, except in the case of a reasonable excuse, cause the \r\nchild to attend a school in the neighborhood or the allocated school until the said child \r\nhas completed the education provided and contemplated for him. \r\n(3) If a parent fails to admit a nd keep the child in a school, he may not be \r\nentitled to any subsidy or poverty targeted support of the Government and the \r\nGovernment may recommend such a measure to the Federal Government or any \r\nother body providing such subsidy or support.   \r\nExplanation.– Reasonable excuse for purpose s of this section shall incl ude any of \r\nthe following cases: \r\n(a) where the school management body is satisfied that the child is \r\nincapable of attending school by reason of sickness or infirmity or that \r\nby reason of the child’s mental incapacity it is not desirable that the child \r\nshould be compelled to attend a school or carry on his study further; or \r\n(b) where the child is receiving , otherwise than in a school , education or  \r\ninstructions which in the opinion of the school management body, is \r\nsufficient. \r\n10. Pre-school education.– The Government or the local authority may establish \r\na kindergarten school or childcare centre in a local area or consolidate or merge such \r\nschools or centres for providing free pre-school education and early childhood care for \r\nthe children above the age of three years until they join a school for education. \r\n11. Management of schools .– The Government or the local authority shall \r\nestablish a school management body of a public school consisting of its \r\nrepresentatives, teachers, parents of children admitted to the school and confer on it \r\nthe prescribed powers in relation to the school. \r\n12.  Taleem Fund.– (1) The Government may permit a school management body \r\nto establish, in the prescribed manner, a Taleem Fund for the school. \r\n(2) All voluntary contributions from the philanthropists, alumni, students and \r\nparents shall be credited to the Taleem Fund, maintained at a scheduled Bank. \r\n(3) The Fund shall be utilized for the welfare of the students of the school in \r\nthe prescribed manner. \r\n(4) All moneys from the Fund shall be withdrawn in the prescribed manner \r\njointly by at least two members of the school management body.  \r\nCHAPTER IV \r\nRESPONSIBILITIES OF SCHOOLS AND TEACHERS \r\n13. Responsibility of private school for free education .– For purposes of this \r\nAct, a private sector school: \r\n(a) specified in sub -clause (ii) of clause (k) of section 2, shall provide free \r\neducation to such proportion of children admitted therein as its annual \r\naid or grant so received bears to its annual recurring expenses; \r\n(b)  specified in sub-clauses (iii) and (iv) of clause (k) of section 2, shall admit \r\nin class one and then in every class, ten percent of the strength of that \r\nclass, children, including disadvantaged children of the neighbourhood \r\nor other children as may be determined by the Government,  and shall \r\nprovide free and compulsory education to such children  or, in the \r\nalternative, provide prescribed vouchers for education of disadvantaged \r\nchildren in any other school, as may be determined by the Government; \r\n(c) shall provide the information pertaining to the students admitted under \r\nclauses (a) and (b) to the Government, the local authority or any other \r\nprescribed authority; and \r\n(d) shall not require a parent  to purchase textbooks, uniform or other \r\nmaterial from a particular vendor or provider and shall not  charge any \r\namount other than tuition fee, admission fee or prescribed security in the \r\nname and style of building fund or under any other name or style. \r\n14.  Capitation fee and screening p rocedure.– (1) No school or person shall, \r\nwhile admitting a child in the school: \r\n(a) collect any capitation fee; or \r\n(b) in case of schools owned or controlled by the Government or a local \r\nauthority, subject the child or his parent to any screening procedure. \r\n(2) Any school or person who, in contrav ention of the provisions of \r\nsubsection (1),– \r\n(a)  receives capitation fee, shall be punishable with fine which may extend \r\nto  twenty times the capitation fee charged in the first instance and fifty \r\nthousand rupees for each subsequent instance of the contravention; or \r\n(b) subjects a child or parent to screening procedure, shall be punishable \r\nwith fine which may extend to fifty thousand rupees in the first instance \r\nand one hundred thousand rupees for each subsequent instance of \r\ncontravention. \r\n15. Proof of age for admission .– (1) For purposes of admission to a school, the \r\nage of a child shall be determined on the basis of the b irth certificate or such other \r\ndocument as may be prescribed but a child shall not be denied admission in a school \r\nfor lack of proof of age. \r\n (2) If a child is admitted in a school without producing the birth certificate, \r\nthe incharge of the school shall send, in writing, the particulars of the child to the local \r\nauthority responsible for birth registration of the child. \r\n16. Admission, expulsion and corporal punishment .– (1) Subject to such \r\nexceptions as may be prescribed, a school shall admit children at the commencement \r\nof every academic year. \r\n(2)  Subject to the provisions of sections 3 and 6, a school shall not transfer \r\nor expel a child admitted in the school till the completion of the prescribed education  \r\nuntil: \r\n(a) arrangement is made for transfer of the child to any other school  in the \r\nprescribed manner; \r\n(b) the child has been assessed in two consecutive annual examinations as \r\nbeing below the educational standard of the school; \r\n(c) a reasoned judgment has been passed by the disciplinary committee of \r\nthe school that further retention of the child in such school shall be \r\ndetrimental to the discipline of the school; or \r\n(d) the child or parent fails to fulfill any prescri bed condition including non -\r\npayment of fee of a private school. \r\n(3) If a child is expelled from a school under subsection (2), the incharge of \r\nthe school shall immediately inform the local government and to such officer as the \r\nGovernment may authorize to receive such communication. \r\n(4)  The teacher or incharge of a school shall ensure that a child studying in \r\nthe school is not subjected to corporal punishment or harassment. \r\n(5)  A person who contravenes any provision of this section shall be guilty of \r\ngross misconduct and shall be liable to disciplinary action under the law or contract of \r\nservice of such person. \r\n17. Duties of t eachers.– (1) The incharge of a school  shall effectively carry out \r\nhis functions and shall enforce discipline amongst the teachers and the students. \r\n(2) A teacher including the incharge shall: \r\n(a) maintain regularity and punctuality in attending the school, classes, \r\ncurricular and co-curricular activities; \r\n(b) complete the curriculum within the specified time; \r\n(c) assess the learning abilities of every child and impart additional \r\ninstructions, if required;  \r\n(d) try for all round development of the child;  \r\n(e) build up child’s knowledge, potential and talent; \r\n(f) adopt learning through activities, discovery and exploration in a child -\r\nfriendly and child-centered manner;  \r\n(g) keep the child free of fear, trauma and anxiety and help the child to \r\nexpress his views freely;  \r\n(h) hold regular meetings with parents and share with them the relevant \r\ninformation about the child; and \r\n(i) perform such other duties as may be prescribed.  \r\n(3) A teacher who fails to perform the duties specified in subsection (1) in a \r\nsatisfactory manner shall be liable to disciplinary action under the relevant service laws \r\nor terms of service contract.  \r\nCHAPTER V \r\nPROTECTION OF RIGHT OF CHILDREN \r\n18. Monitoring of right to education.– (1) The Government shall: \r\n(a) take all necessary measures for the effective implementation of this Act; \r\nand \r\n(b) inquire into complaints relating to right to education and take appropriate \r\naction.  \r\n(2) Any person having any grievance relating to the rights of a child to \r\neducation may make a written complaint to the Government or to the prescribed \r\nauthority. \r\n(3) On receipt of a complaint under subsection (2), the Government or the \r\nprescribed authority  shall decide the matter within the period of thirty days  after \r\naffording a reasonable opportunity of being heard to the parties. \r\n(4)  Any order passed under this section shall be final and the administration \r\nof the school shall implement such order. \r\nCHAPTER VI \r\nMISCELLANEOUS \r\n19. Inspections and directions.– (1) In addition to the routine quality assurance \r\nof the schools and education of different levels , the prescribed authority shall inspect \r\nor cause to be inspected a school for purposes of ascertaining that this Act and the \r\nrules have been and are being complied with. \r\n(2) The Government may issue such guidelines and give such directions to \r\na local authority, as it deems fit, for effective implementation of this Act.  \r\n(3) A school shall provide such information as the Government or the \r\nprescribed authority may require.  \r\n20. Residuary penalty and liability of corporations .– (1) Unless otherwise \r\nprovided, if a person contravenes any order made under this Act, he shall be punished \r\nwith imprisonment for a term which may extend to six months or with fine which may \r\nextend to fifty thousand rupees or with both.  \r\n (2) If the person contravening an order made under this Act or any penal \r\nprovision of the Act is a Company or other body corporate, every director, manager, \r\nsecretary or other officer or agent thereof shall, unless he proves that the contravention \r\ntook place without his knowledge or that he exercised all due diligence to prevent such \r\ncontravention, be deemed to be guilty of such contravention. \r\n21. Prosecution and compounding of the offences .– (1) No Court shall take \r\ncognizance of any offence under this Act except on a complaint in writing made by the \r\nprescribed authority. \r\n(2) An offence under this Act shall be bailable and compoundable.  \r\n(3) An officer so authorized by the prescribed authority may, in the \r\nprescribed manner, compound any offence punishable u nder this Act on payment, \r\nwithin such time as may be specified in the order, of specified sum of money which \r\nshall not exceed fifty percent of the amount of the maximum fine to which the person \r\nwould have been liable if he had been convicted of the offence.  \r\n22. Summary trial .– (1) Notwithstanding anything contained in the Code of \r\nCriminal Procedure 1898 (V of 1898)  but subject to subsection (3), the Court shall \r\nsummarily try an offence punishable under this Act on the basis of a complaint \r\nsubmitted by the authorized officer of the prescribed authority and may impose \r\npunishment of imprisonment for a term not exceeding six months or fine not exceeding \r\nfifty thousand rupees. \r\n (2) The Court shall conduct the summary trial of an offence under the Act in \r\naccordance with the provisions of Chapter XXII of the Code of Criminal Procedure \r\n1898 (V of 1898) relating to the summary trials. \r\n(3) If the Court is of opinion that the nature of the offence does justify \r\nsummary trial , it may conduct proceedings in accordance with the provisions of \r\nChapter XX of the Code of Criminal Procedure 1898 (V of 1898). \r\n23. Protection of action taken in good faith .– No suit or other legal proceeding \r\nshall lie against the Government, the prescribed authority, a local authority or any other \r\nperson, in respect of anything which is in good faith done  under this Act, the rules or \r\nany order made under the Act. \r\n24.  Power to make r ules.– (1) The Government may, by notification, make rules \r\nfor carrying out the purposes of this Act. \r\n (2) In particular, and without prejudice to the generality of the foregoing \r\npowers, such rules may provide for any of the following matters: \r\n(a) manner of maintenance of records of children;  \r\n(b) criteria for determination of disadvantage children or payment of \r\nvouchers;  \r\n(c) the area or limits for establishment of a neighbourhood school; \r\n(d) extended period for admission of a child and the manner of completing \r\nstudy by the child if admitted after the extended period;  \r\n(e) academic calendar;  \r\n(f) duties to be performed by the teachers;  \r\n(g) the manner of redressing grievances of teachers, students or a ny other \r\nperson;  \r\n(h) the manner of giving opportunity of hearing under this Act;   \r\n(i) receipt of contribution , utilization and w ithdrawal of money from the \r\nTaleem Fund; and \r\n(j) maintenance and audit of accounts. \r\n25. Act to override other laws.– Notwithstanding anything contained in any other \r\nlaw, this Act shall have overriding effect and all such other laws shall be brought in \r\nconformity with the scheme and the objectives of this Act within a period of five years.  \r\n26. Repeal.– The Punjab Compulsory Primary Education Act, 1994 (IX of 1994) \r\nand the Punjab Free and Compulsory Education Ordinance 2014 (V of 2014) are \r\nhereby repealed.",
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