ORDINANCE NO. XIV OF 2002
AN
ORDINANCE
to provide for
compulsory primary education in the Islamabad Capital Territory
WHEREAS it is expedient to provide
for compulsory primary education in the Islamabad
Capital Territory and for matters connected therewith or
incidental thereto;
AND WHEREAS the President is satisfied that
circumstances exists which render it necessary to take immediate action;
NOW, THEREFORE,
in pursuance of the Proclamation of Emergency of the fourteenth day of October,
1999, and the Provisional Constitution Order No. 1 of 1999, read with the
Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of
all other powers enabling him in that behalf, the President of the Islamic
Republic of Pakistan is pleased to make and promulgate the following
Ordinance:-
1. Short title, extent and commencement.—(1)
This Ordinance may be called the Islamabad Capital Territory Compulsory Primary
Education Ordinance, 2002.
(2)
It extends to the whole of Islamabad Capital Territory.
(3)
It shall come into force at once.
2. Definitions.—(1) In this Ordinance,
unless there is anything repugnant in the
subject or context,--
(a)
“child” means a child of either sex whose age at the
beginning of the school year is not less than give years and not more than ten
years;
(b)
“Committee” means Union Committee on Education
constituted under section 4;
(c)
“Government” means the Federal Government;
(d)
“parent” includes a guardian or any other person who
has the custody of a child;
(e)
“Primary education” means education pertaining to all
or any of the classes I to V in a school; and
(f)
“primary school” means a school in which primary
education is imparted.
3. Compulsory Primary
Education.—(1) 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.
(2) The Committee may consider non-attendance
of school by child for reasonable excuse where-
2 Islamabad Capital Territory Primary
Education Ordinance, 2002
(a)
it is satisfied that the child is incapable of
attending school by reasons of sickness or infirmity;
(b)
the child is receiving, otherwise than in a school,
instructions which in its opinion is sufficient; or
(c)
there is no school or literacy Centre within a distance
of 1.5 Kilometres according to the nearest route from the residence of the
child.
4.
Constitution of
Authority.—(1) The Government may, by notification in the official Gazette,
constitute an Authority to be known as Union Committee on Education consisting
of such persons as it may specify, for carrying out the purposes of this
Ordinance.
(2)
The Committee shall ensure that every child, required
to attend a school under this Ordinance, attends a school and for this purpose
shall take such steps as it may consider necessary or as may be specified by
the Government.
(3)
Where the Committee is satisfied that a parent who is
required under this Ordinance to cause a child to attend school has failed to
do so, the Committee, 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 from a date which shall be
specified in the order.
5.
Offences.—(1)
Any parent who fails to comply with an order issued under subsection (3) of
section 4 shall, on conviction by a Magistrate, be punishable with fine which
may extend to five hundred rupees and with further fine which may extend to
twenty rupees for every day after the conviction for which the failure
continues.
(2)
An employer of such a child who, after receiving due
warning from the Committee, continues to employ a child, whether on
remuneration or otherwise, required under this Ordinance to attend a school
shall, on conviction by a Magistrate, be punishable with fine which may extend
to one thousand rupees and with a further fine which may extend to fifty rupees
for every day after the conviction for which the non-attendance at a school
continues.
6.
Cognizance of
offences.—No court shall take cognizance of any offence punishable under
this Ordinance except on a complaint in writing made by the Committee or an
officer of the Committee authorized by it in this behalf.
7.
Power to make
rules.- The Federal Government may, by notification in the official
Gazette, make rules for carrying out the purposes of this Ordinance.
GENERAL
PERVEZ MUSHARRAF
President
_____________
MR. JUSTICE
MANSOOR AHMED
Secretary.
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