(Pb. Act IX of 1994)
[5 December 1994]
Preamble.— Whereas it is expedient to provide for
compulsory primary education in the Punjab.
It
is hereby enacted as follows:-
1. Short title, extent and commencement.— (1) This Act may be called the Punjab
Compulsory Primary Education Act 1994.
(2) It shall extend to the whole of the
Punjab.
(3) It shall come into force at once.
2. Definitions.— In this Act, unless the context otherwise
requires—
(a) ‘child’
means a child of either sex whose age at the beginning of the school year is
not less than five years and not more than ten years;
(b) ‘parent’
includes a guardian or any other person who has the custody of a child;
(c) ‘primary
school’ means a school in which primary education is imparted; and
(d) ‘primary
education’ means education pertaining to all or any of the classes I to V in a
school.
3. Compulsory
primary education.— The parent of a child shall except in the case of a
reasonable excuse cause a child to attend a primary school until the child has
completed the primary education course.
4. Reasonable excuse for non-attendance.— Reasonable excuse for the purpose of section
3 shall include any of the following cases:-
(a) Where the prescribed authority 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 carry on his study further;
(b) Where
the child is receiving otherwise than in a school, instruction which in the
opinion of the prescribed authority, is sufficient; or
(c) Where
there is no school within a distance of two kilometers measured according to
the nearest route from the residence of the child.
5. School
attendance authority.— (1) Government may constitute one or more School
Attendance Authorities for the purposes of this Act.
(2) A School Attendance Authority shall
ensure that every child required to attend a school under this Act attends a
school and for this purpose it shall take such steps as may be considered
necessary by the Authority or as may be specified by Government.
(3) Where a School Attendance Authority is
satisfied that a parent who is required under the Act to cause a child to
attend a school has failed to do so, the Authority, after giving the parent an
opportunity of being heard and after such enquiries as it considers necessary,
may pass an order directing the parent to cause such child to attend a school
on and from a date which shall be specified in the order.
6. Offences.— (1) Any parent who fails to comply with an
order issued under sub-section (3) of section 5 shall on conviction before a
Magistrate be punishable with fine which may extend to two hundred rupees and
with further fine which may extend to twenty rupees for every day after the
conviction for which the failure continues or with imprisonment which may
extend to one week or with both.
(2) Any parent of a child or employer of such
a child who, after receiving due warning from the School Attendance Authority
continues to employee a child whether on remuneration or otherwise required
under this Act to attend a School shall on conviction before a Magistrate, be
punishable with fine which may extend to five hundred rupees and with a further
fine which may extend to fifty rupees for everyday after the conviction for
which the non-attendance at a school continues or with imprisonment which may
extend to one month or with both.
(3) No Court shall take cognizance of any
offence under this Act except on a complaint in writing made by the School
Attendance Authority.
7. Power to make rules.— The Government may make rules for the
purpose of carrying into effect the provisions of this Act.
8. Repeal.— The Punjab Primary Education Ordinance, 1962
(XXIX of 1962) is hereby repealed.
[1][1]This Act was passed by the
Punjab Assembly on 21st November, 1994; assented to by the Governor of the Punjab
on 2nd December, 1994; and, was published in the Punjab Gazette
(Extraordinary), dated 5th December, 1994, Pages 257 to 259.
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