THE PUNJAB COMPULSORY PRIMARY EDUCATION ACT, 1994
(Pb. Act IX of 1994)
C O N T E N T S
SECTIONS
1. Short
title, extent and commencement.
2. Definitions.
3. Compulsory
primary education.
4. Reasonable
excuse for non-attendance.
5. School
attendance authority.
6. Offences.
7. Power
to make rules.
8. Repeal.
(Pb. Act IX of 1994)
[5 December 1994]
An Act to provide for compulsory primary education in the Province
of the Punjab
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]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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