ACT I OF 2014
THE
An Act to provide for the establishment of
[Gazette of
No. PAP-Legis-2(08)/2013/1038.--The Punjab Commission on the Status of
Women Bill 2013, having been passed by the Provincial Assembly of the Punjab on
12 February 2014, and assented to by the Governor of the Punjab on 19 February
2014, is hereby published as an Act of the Provincial Assembly of the Punjab.
Preamble.--Whereas it is expedient to establish
Punjab Commission on the Status of Women for the empowerment of women,
expansion of opportunities for socio-economic development of women and
elimination of all forms of discrimination against women and for ancillary
matters;
It
is enacted as follows:--
CHAPTER I
PRELIMINARY
1. Short
title, extent and commencement.--(1) This Act may be cited as the Punjab Commission on the Status
of Women Act, 2014.
(2) It shall extend to the whole of the
(3) It shall come into force at once.
2. Definitions.--In this Act--
(a) "Chairperson"
means Chairperson of the Commission and includes acting Chairperson;
(b) "Commission"
means Punjab Commission on the Status of Women established under the Act;
(c) "Executive
Committee" means the Executive Committee of the Commission;
(d) "Fund"
means the Punjab Commission on the Status of Women Fund established under the
Act;
(e) "girl"
means a female human being who has not attained the age of eighteen years;
(f) "Government" means Government of
the
(g) "member" means a member of the
Commission;
(h) "prescribed" means prescribed by
rules;
(i) "Secretary" means Secretary of
the Commission; and
(j) "woman”
means a female human being of eighteen years of age or above.
CHAPTER II
THE COMMISSION
3. Establishment
of the Commission.--(1)
The Government shall constitute a Commission to be known as Punjab Commission
on the Status of Women'.
(2) The Commission shall be a body corporate,
having perpetual succession and a common seal with power to acquire, hold and
dispose of any property and shall sue and be sued by the said name.
(3) The Commission shall consist of--
(a) the
Chairperson, who shall be a woman having experience for more than fifteen years
of working on issues relating to women and their rights;
(b) one
member from each Division of the
(c) one woman member who is a non-Muslim;
(d) Secretaries
to the Government, Law and Parliamentary Affairs, Finance, Planning and
Development, Home, and Women Development Departments or their representatives
not below the rank of Additional Secretaries;
(e) President,
Women Chamber of Commerce and Industries, Central and North Punjab for the
first term of three years, followed by President, Women Chamber of Commerce and
Industries, South Punjab for the second term of three years, and thereafter, in
like order and for like term; and
(f) Secretary of the Commission.
4. Appointment
of Chairperson.--(1) The
Government shall appoint the Chairperson on the recommendations of a search
committee headed by Chief Secretary of the Government and consisting of the
following:--
(a) two
female members of the Provincial Assembly of the
(b) Secretaries
to the Government, Law and Parliamentary Affairs, Finance, Human Rights and
Women Development Departments.
(2) The Chairperson shall be appointed on such
terms and conditions as may be prescribed and, until prescribed, as the
Government may determine.
(3) The Chairperson shall be a full-time
officer of the Commission and shall have the status equivalent to BS-21 officer
of the Government.
(4) If the office of the Chairperson falls
vacant owing to death, illness, resignation or otherwise, the Government shall
appoint a woman member of the Commission to act as Chairperson for a period not
exceeding three months or until the appointment of a new Chairperson, whichever
is earlier.
5. Appointment
of members.--(1) The
Government shall appoint members mentioned in clauses (b) and (c) of sub-section
(3) of Section 3 in such manner and on such terms and conditions as may be prescribed
and until so prescribed, as the Government may determine.
(2) A member appointed under sub-section (1)
shall not be less than thirty years of age or more than sixty-five years of age
and shall have experience of working on issues relating to women and their
rights.
(3) The Government shall, within thirty days of
occurrence of a vacancy, appoint a member for the residual term of the outgoing
member.
6. Term
of office.--(1) Subject
to Section 7, a person appointed as the Chairperson or a Member other than ex-officio
member, shall hold office for a term of three years from the date he enters
upon the office but the Chairperson or a member shall not hold office for more
than two terms.
(2) The Chairperson or a member, other than ex-officio
member, may resign by submitting the resignation to the Government.
7. Removal
of Chairperson and members.--The Government may remove the Chairperson or a member, other than ex-officio
member, from the office if--
(a) after
proper inquiry, the Chairperson or the member is found guilty of misconduct; or
(b) the
Chairperson or the member is adjudged as an un-discharged insolvent;
(c) the
Chairperson or the member is unfit to continue in office by reason of being
mentally or physically challenged and stands so declared by a medical board
constituted by the Government; or
(d) the
Chairperson or the member has been sentenced to imprisonment for an offence
involving moral turpitude.
8. Secretariat
of the Commission.--(1)
There shall be a Secretariat of the Commission headed by the Chairperson and
consisting of the Secretary and such officers and support staff as may be prescribed
and, until prescribed, as the Government may determine.
(2) The terms and conditions of appointment of
employees of the Commission shall be such as may be prescribed and, until
prescribed, as the Government may determine.
(3) The Chairperson shall be the Chief
Executive of the Commission and shall be responsible for the effective conduct
of the business and discharge of functions of the Commission, and for the
purpose, the administrative and financial authority of the Commission shall
vest in the Chairperson.
(4) The Secretary shall be appointed in such
manner as may be prescribed and until prescribed as the Government may
determine.
(5) The Secretary shall perform such functions
as may be prescribed or as may be assigned by the Commission or the
Chairperson.
(6) The Secretary, under instructions of the
Commission, shall prepare a draft three years' strategic plan, the annual work
plan and budget of the Commission for approval of the Commission.
CHAPTER III
FUNCTIONS OF THE COMMISSION
9. Functions
of the Commission.--(1)
The Commission shall--
(a) examine
the policy, programs and other measures taken by the Government to materialize gender
equality, empowerment of women and their representation and political participation,
assess implementation and make suitable recommendations to the concerned
authorities;
(b) review
the Punjab laws, rules and regulations affecting the status and rights of women
and suggest repeal, amendment or new legislation essential to eliminate
discrimination, safeguard and promote the interest of women and achieve gender
equality in accordance with the Constitution and obligations under national and
international covenants and commitments;
(c) sponsor,
steer and encourage research to generate information, analysis and studies and maintain
a database relating to women and gender issues to provide knowledge and awareness
for provincial policy and strategic action for women empowerment;
(d) develop
and maintain interaction and dialogue with non-governmental organizations,
experts and individuals in society and an active association with similar
commissions and institutions in other territories for collaboration and action
to achieve gender equality at the provincial, national, regional and international
level;
(e) mobilize
grants from provincial, national and international agency, including multi and bilateral
agencies, approved by the Government, for meeting any of its obligations or performing
its functions;
(f) consider,
approve and monitor implementation of the strategic plan, annual work plan and
the annual budget,
(g) facilitate
and monitor implementation of instruments and obligations affecting women and girls
to which Pakistan is a signatory, and advise the Government before ratification
or accession to any such proposed international instrument, covenant, protocol
or treaty; and
(h) perform
such other functions as are ancillary to the above functions or as the Government
may assign or as may be prescribed.
(2) The Commission may--
(a) seek
and receive information, data and documents from any source or entity in the course
of performance of its functions;
(b) inquire
into any complaint of violation of women's rights and make appropriate recommendation
for remedial action to the concerned agency or authority;
(c) call
for information or report from any agency or authority of the Government, civil
society organization or any autonomous body;
(d) exercise
the powers vested in a
(e) inspect
any jail, sub-jail or other places of custody, where women and girls are kept,
in accordance with relevant laws and rules and after prior permission of the
Government and to make appropriate recommendations to the concerned authority
or agency;
(f) act
for advocacy, lobbying, coalition building, networking and as a catalyst for promotion
of cause of women to facilitate their participation in all spheres of life including
legal, economic, social and political empowerment;
(g) on
the recommendation of the executive committee, fix an honorarium or remuneration
of advisors, consultants and experts;
(h) monitor
the mechanism and institutional procedure for redressal of violation of women's
rights; and
(i) exercise
any power ancillary to above powers or as may be prescribed.
10. Meetings
of the Commission.--(1)
The Commission shall hold at least four meetings in a year, not less than one
in every quarter, on such dates and at such times as the Chairperson may
determine.
(2) The Secretary, on the directions of the
Chairperson, shall call a meeting of the Commission and shall maintain the
minutes of each meeting in the manner prescribed.
(3) The Chairperson, or in case of absence of
the Chairperson, a member elected by the members present in the meeting, shall
chair a meeting of the Commission.
(4) The quorum for the meeting of the
Commission shall be one-half of the total membership of the Commission.
(5) The decisions of the Commission shall be
taken by the majority of the members present and voting but, in case of a tie,
the Chairperson or the person presiding the meeting shall have a second vote.
(6) A decision of the Commission shall not be
invalid merely for the reason of any vacancy or defect in the constitution of
the Commission.
(7) All decisions of the Commission shall be
authenticated by the signature of the Chairperson or the person who presided
the meeting.
11. Committees.--(1) The Commission shall appoint an Executive
Committee consisting of the Chairperson and three other members, of whom at
least two shall be women.
(2) The Executive Committee shall be
responsible to oversee the implementation of the decisions and recommendations
of the Commission.
(3) The Commission may constitute such other
committees from amongst its members as it deems fit and may refer to any such
committee any matter for consideration and report.
(4) The Commission may, if it considers
necessary, co-opt in a committee any person possessing special knowledge and
expertise in the relevant subject.
(5) All committees of the Commission, except
the Executive Committee, shall be constituted for a specified period.
CHAPTER IV
FINANCIAL PROVISIONS
12. Fund.--(1) There shall be a Fund to be known as
Punjab Commission on the Status of Women Fund, which shall vest in the
Commission.
(2) The Fund shall consist of--
(a) the grants-in-aid made by the Government;
(b) donation
made by any person, and any provincial, national and international agency;
(c) income from investment by the Commission;
and
(d) all
other sums or properties which may in any manner become payable to or vest in the
Commission.
(3) The Fund shall be spent for purposes of
performance of duties and discharge of functions by the Commission, including
expenses on the Secretariat.
(4) The Commission may invest its Fund or a
part of it in the prescribed manner or in accordance with the instructions of
the Government.
(5) The Chairperson shall be the principal
accounting officer of the Commission.
13. Accounts
and audit.--(1) The
Commission shall maintain proper accounts and other relevant record and prepare
an annual statement of accounts in such manner and form as may be prescribed.
(2) The accounts of the Commission shall be
annually audited by the Auditor General of
(3) The Government may conduct or cause to be
conducted a special audit of the accounts of the Commission.
(4) The Government shall lay the annual or
special audit report of the Commission in the Provincial Assembly of the
CHAPTER V
MISCELLANEOUS
14. Annual
report of the Commission.--(1)
In January each year, the Commission shall submit an annual report on performance
of each one of its functions to the Government.
(2) The Government shall, at the earliest possible
opportunity, lay the annual report of the Commission in Provincial Assembly of
the
15. Assistance
to the Commission.--All
Provincial executive authorities shall assist the Commission in the performance
of its functions.
16. Indemnity.--No suit, prosecution or legal proceedings
shall lie against the Commission, the Chairperson or any member, officer,
employee, advisor or consultant of the Commission in respect of anything done
in good faith under this Act or the rules or for any order made, publication of
report by or under the authority of the Commission.
17. Members
and officers to be public servants.--The Chairperson, a member and every officer or employee appointed
under this Act or the rules shall be deemed to be a public servant within the meaning
of Section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).
18. Delegation
of powers.--The
Commission may, subject to such conditions as it may specify, delegate any of
its powers or functions to the Executive Committee or to any other committee or
to the Chairperson, the Secretary or an officer of the Commission, except the
functions of--
(a) appointment
of the Executive Committee or constitution of any other committee;
(b) the
approval of strategic plan, annual work plan, annual performance report and
annual budget; and
(c) recommendations
relating to laws, rules, regulations or policies.
19. Powers
to make rules.--The
Government may, in consultation with the Commission and by notification in the
official Gazette, make rules for purposes of giving effect to the provisions of
this Act.
------------------------
ACT II OF 2014
An Act further to amend the
[Gazette of
No. PAP-Legis-2(12)/2013/1039. The Punjab Shops and Establishments
(Amendment) Bill 2013, having been passed by the Provincial Assembly of the
Punjab on 13 February 2014, and assented to by the Governor of the Punjab on 19
February 2014, is hereby published as an Act of the Provincial Assembly of the
Punjab.
Preamble.--Whereas it is expedient further to amend
the West Pakistan Shops and Establishments Ordinance, 1969 (VIII of 1969) for
purposes hereinafter appearing;
It
is enacted as follows:--
1. Short title and commencement.--(1) This Act may be cited
as the Punjab Shops and Establishments (Amendment) Act, 2014.
(2) It
shall come into force at once.
2. Amendments in Long Title, Preamble and Section
1 of Ordinance VIII of 1969.--In the West Pakistan Shops and Establishments
Ordinance, 1969 (VIII of 1969), hereinafter referred to as the said Ordinance--
(i) in the Long Title,
for the words "West Pakistan", the words "the
(ii) in the Preamble, for
the words "in West Pakistan", the words "in the
(iii) in Section 1--
(a) in sub-section (1), for the words
"West Pakistan", the word "
(b) in sub-section (2), for the word "
3. Amendment in Section 2 of Ordinance VIII
of 1969.--In
the said Ordinance, in Section 2, for clause (m), the following shall be
substituted:--
"(m) "Government"
means Government of the
4. Amendment in Section 5 of Ordinance VIII
of 1969.--In
the said Ordinance, in Section 5, for clause (i), the following shall be
substituted:--
"(i) Offices
of the Government or the Federal Government;".
5. Insertion of Section 10-A in Ordinance VIII
of 1969.--In
the said Ordinance, after Section 10, the following Section 10-A shall be
inserted:--
"10-A. Daycare rooms for children.--(1). Where twenty-five or
more women are employed in an establishment, the employer shall reserve a
suitable daycare room for under-six years old children of the women.
(2) The daycare room shall be established, managed
and conformed to such standards, as may be prescribed."
6. Amendments in Section 12 of Ordinance
VIII of 1969.--In the said Ordinance, in Section 12--
(a) in sub-section
(2)--
(i) for the words "four months"
wherever occur, the words "one year" shall be substituted; and
(ii) in the proviso, for the words "six
months", the words "one year and six months" shall be
substituted;
(b) in sub-section (3),
for the word "fifty", the words "two thousand" shall be
substituted; and
(c) in sub-section
(6)--
(i) for the words "District Court",
the words "
(ii) for the word "hundred", the word
"thousand" shall be substituted.
7. Amendments in Section 24 of Ordinance
VIII of 1969.--In the said Ordinance, in Section 24, in sub-section (2)--
(i) for the words and
figures "XXXVI-Miscellaneous Departments-G-Miscellaneous-(S)-Receipts
under the West Pakistan Shops and Establishments Ordinance, 1969", the
words and figures "CO 2905-Receipts under the Punjab Shops and
Establishments. Ordinance, 1969" shall be substituted; and
(ii) for the figures
"2.00", "3.00", "5.00" and "10.00", the
figures "200", "300", "500", "1000"
shall respectively be substituted.
8. Amendments in Section 27 of Ordinance
VIII of 1969.--In the said Ordinance, in Section 27--
(a) in sub-section (1),
for the word "fifty", the words "one thousand" and for the
words "two hundred and fifty", the words "five thousand"
shall respectively be substituted;
(b) in sub-section (2),
for the words "two hundred and fifty", the words "five thousand",
and for the words "five hundred", the words "ten thousand"
shall respectively be substituted; and
(c) in sub-section (3),
for the words "one hundred and fifty", the words "three
thousand" and for the words "two hundred and fifty", the words
"five thousand" shall respectively be substituted.
9. Amendment in Schedule of Ordinance VIII
of 1969.--In
the said Ordinance, in Schedule, in Form A, in the note, for the words
"West Pakistan", the word "
---------------------------
ACT III OF 2014
PUNJAB FINANCE (AMENDMENT)
ACT, 2014
An Act to amend the Punjab
Finance Act, 2013
[Gazette of Punjab,
Extraordinary, 24th February, 2014]
No. PAP-Legis-2(24)/2014/1040.--The Punjab Finance
(Amendment) Bill 2014, having been passed by the Provincial Assembly of the
Punjab on 14 February 2014, and assented to by the Governor of the Punjab on 19
February 2014, is hereby published as an Act of the Provincial Assembly of the
Punjab.
Whereas it is expedient to amend the Punjab
Finance Act, 2013 (XVI of 2013) for purposes hereinafter appearing;
It is enacted as follows:--
1. Short
title and commencement.--(1) This Act may be cited as the Punjab Finance (Amendment) Act,
2014.
(2) It
shall come into force at once.
2. Amendment in Section 1 of Act XVI of
2013.--In
the Punjab Finance Act, 2013 (XVI of 2013), in Section 1, for sub-section (3),
the following shall be substituted and shall be deemed always to have been so
substituted:
"(3) It shall come into force on the first day of
July 2013 except the provisions of clause (a) of Section 2, Section 5 and Section
9 which shall come into force on such date as the Government may, by
notification, specify."
--------------------------
ACT XX OF 2014
PUNJAB OVERSEAS PAKISTANIS COMMISSION ACT, 2014
An Act to establish the Punjab Overseas Pakistanis
Commission.
[Gazette of Punjab, Extraordinary, 10th
November 2014]
No.
PAP/Legis-2(43)/2014/1143. The Punjab Overseas Pakistanis Commission Bill 2014, having been passed by
the Provincial Assembly of the Punjab on 24 October 2014, and assented to by
the Governor of the Punjab on 08 November 2014, is hereby published as an Act
of the Provincial Assembly of the Punjab.
Whereas it is expedient to establish the Punjab Overseas
Pakistanis Commission to receive and redress the grievances of overseas
Pakistanis relating to Government Agencies; refer complaints and suggestions of
overseas Pakistanis to the concerned offices, and to deal with ancillary
matters;
It is enacted as follows:
1. Short title, extent and commencement.--(1) This Act may be cited as the
Punjab Overseas Pakistanis Commission Act, 2014.
(2) It extends to
whole of the Punjab.
(3) It shall come
into force with effect from 9 September 2014.
2. Definitions.--In this Act:
(a) "Advisory Council" means the
Advisory Council consisting of the Overseas Pakistanis residing in different
countries;
(b) "Commission" means the Punjab
Overseas Pakistanis Commission;
(c) "Commissioner" means the Overseas
Pakistanis Commissioner;
(d) "district" means a district
notified under the Punjab Land Revenue Act, 1967 (XVII of 1967);
(e) "District Committee" means a
District Overseas Pakistanis Committee;
(f) "Government" means Government of
the Punjab;
(g) "Government Agency" means a
department, attached department or special institution of the Government, a
local government, or a body corporate owned or controlled by the Government or
a local government;
(h) "Ombudsman" means the Ombudsman
appointed under Section 3 of the Punjab Office of the Ombudsman Act, 1997 (X of
1997);
(i) "Overseas Pakistani" means a
person of Pakistani origin who is either permanently or temporarily settled
outside Pakistan:
(i) for
employment; or
(ii) for
carrying on a business or vocation; or
(iii) for
any other purpose with intention to stay outside Pakistan for an unspecified
period;
(j) "prescribed" means prescribed by
the rules; and
(k) "rules" means the rules made
under the Act.
3. Commission.--(1) There shall be a Commission to be
known as the Punjab Overseas Pakistanis Commission.
(2) The Commission
shall consist of the Chief Minister Punjab who shall be its Chairperson and an
Overseas Pakistani of noted repute and experience nominated by the Chief
Minister as Vice Chairperson, and the following members:
(a) three
members of the Provincial Assembly
of the Punjab belonging to those districts
having large number of Overseas Pakistanis
to be nominated by the Chief Minister; Members
(b) two
women having experience in issues
related to Overseas Pakistanis to be
nominated by the Government for a term
of three years; Members
(c) Chief
Secretary of the Government; Member
(d) Senior
Member, Board of Revenue,
Punjab; Member
(e) Chairman,
Planning and Development
Board; Member
(f) Secretary
to the Government, Home
Department; Member
(g) Provincial
Police Officer, Punjab; Member
(h) Chairman,
Punjab Board of Investment
& Trade; Member
(i) Chairman,
Punjab Information Technology
Board; and Member
(j) Commissioner. Member/
Secretary
(3) Five members
including the Chairperson or Vice Chairperson shall constitute the quorum for a
meeting of the Commission but an ex-officio member may be represented in the
meeting by an officer of the department or organization not being below the
rank of an Additional Secretary.
(4) The Commission
shall meet at such time and place and shall observe such procedure in regard to
transaction of business at its meetings as may be prescribed and until so
prescribed as may be directed by the Chairperson.
4. Functions of the Commission.--(1) Subject to the provisions of this
Act and rules, the Commission may exercise such powers and perform such
functions as may be necessary for carrying out purposes of the Act.
(2) The Commission
shall:
(a) review annual reports about the working of
the Commissioner and give necessary directions;
(b) review performance of the Commissioner and
pass appropriate orders;
(c) ensure smooth functioning of the office of
Commissioner;
(d) resolve matters relating to conflict, if
any, between the Commissioner and a Government Agency;
(e) develop criteria for constitution of
Advisory Council before its constitution;
(f) nominate members of the Advisory Council;
and
(g) nominate members of the District Overseas
Pakistanis Committees.
5. Advisory Council.--(1) There shall be an Advisory Council
consisting of Overseas Pakistanis residing in different countries.
(2) The Commission
shall:
(a) constitute an Advisory Council for one or
more countries;
(b) determine the number of members of an
Advisory Council; and
(c) nominate members of an Advisory Council.
(3) An Advisory
Council shall make recommendations for the redressal of grievances of Overseas
Pakistanis and shall forward their complaints and suggestions to the
Commissioner.
6. Commissioner--There shall be an Overseas Pakistanis
Commissioner to be appointed by the Government on such terms and conditions as
may be prescribed and, until so prescribed, as may be determined by the
Government.
7. Functions of the Commissioner--(1) The Commissioner shall:
(a) transmit a complaint received from an
Overseas Pakistani to a Government Agency for redressal;
(b) make recommendations for policy changes,
improvements in the system to the Government or Federal Government on the basis
of feedback received from an Advisory Council or the overseas Pakistanis;
(c) be authorized to refer any complaint of an
Overseas Pakistani to the Ombudsman for further necessary action in accordance
with law;
(d) recommend disciplinary action against
public servants who do not send reply to the Commissioner within thirty days of
the receipt of reference from the Commission;
(e) recommend initiation of anti-corruption
proceedings against a public servant where, on the basis of preliminary
findings, a prima facie case for criminal action under the relevant law is made
out in relation to protection of rights of an Overseas Pakistani;
(f) refer the proposals of Overseas Pakistanis
relating to investment to the Punjab Board of Investment and Trade and ensure
their early processing;
(g) prepare an annual report about the
performance of the Commissioner for consideration and appropriate action by the
Commission;
(h) hold consultative conventions or workshops
involving Overseas Pakistanis;
(i) deal with references received from an
Advisory Council on priority basis; and
(j) perform any other function ancillary to
any of the above functions or as may be prescribed.
(2) If the Commissioner
has referred any complaint under sub-section (1) to a Government Agency, the
Government Agency shall, within a period not exceeding thirty days, send its
response to the Commissioner.
8. Departmental focal persons.--All Government Departments shall
appoint senior officers as focal persons to liaise with the office of
Commissioner for monitoring and disposal of matters relating to Overseas
Pakistanis.
9. District Committees.--(1) There shall be a District Overseas
Pakistanis Committee in each district consisting of the Chairperson to be
nominated by the Commission for a period of three years, the District
Coordination Officer as Vice Chairperson and the following members:
(a) two
persons to be nominated by the
Commission for a term of three years; Members
(b) District
Police Officer or Head of
District Police; and Member
(c) Additional District
Collector. Secretary/
Member
(2) A District
Committee may co-opt any Other officer of the Government posted in the district
as a member of the Committee.
(3) Four members
including Chairperson or Vice Chairperson shall constitute the quorum for a
meeting of the Committee.
(4) The Committee shall
meet at such time and place and shall observe such procedure in regard to
transaction of business at its meetings as may be prescribed and until so
prescribed as may be directed by the Commission.
10. Functions of the District Committees.--A District Committee shall:
(a) review complaints of overseas Pakistanis
pending with different offices in the district and expedite their disposal; and
(b) send progress reports and suggestions for
improvement in the system to the Commissioner.
11. Directions of the Government.--The Government may, by general or
special order, issue directions regarding day to day working of the
Commissioner.
12. Rules.--The Government may, by notification in the official
Gazette, make rules for carrying out the purposes of this Act.
13. Repeal.--The Punjab Overseas Pakistanis Commission Ordinance,
2014 (X of 2014) is hereby repealed.
----------------------------
ACT XXI OF 2014
PUNJAB REGISTRATION OF GODOWNS
ACT, 2014
An Act to provide for the registration of Godowns in
the Punjab.
[Gazette of Punjab, Extraordinary, 10th
November, 2014]
No. PAP/Legis-2(41)/2014/1144.--The Punjab Registration of Godowns Bill, 2014, having
been passed by the Provincial Assembly of the Punjab on 24 October 2014, and
assented to by the Governor of the Punjab on 08 November 2014, is hereby published
as an Act of the Provincial Assembly of the Punjab.
Whereas it is
expedient to register godowns; to provide for a comprehensive system regarding
stable supply and availability of essential articles; and to deal with
ancillary matters;
It is enacted as
follows:
1. Short title, extent and commencement.--(1) This Act may be cited as the
Punjab Registration of Godowns Act, 2014.
(2) It shall extend
to whole of the Punjab.
(3) It shall come
into force with effect from 7 September 2014.
2. Definitions.--In this Act:
(a) "essential article" means an
article declared as essential article under Section 3 of the Act;
(b) "godown" means the premises,
warehouse, cold storage or depot use for storing of an essential article;
(c) "Government" means Government of
the Punjab;
(d) "owner" means an owner or lessee
of a godown and includes the person in actual occupation or management of a
godown;
(e) "prescribed" means prescribed by
the rules made under the Act;
(f) "Registering Authority" means
the Director (Agriculture Economics and Marketing) of the Government,
Agriculture Department or any other officer appointed as the Registering
Authority by the Government; and
(g) "designated officer" means an
officer appointed by the Registering Authority to inspect godowns, records,
registers and accounts of the godowns under the Act.
3. Essential articles.—The Government may, by notification,
declare an article as essential article.
4. Stocking of essential articles.--An owner shall not store or stock an
essential article in the godown unless the godown is registered under this Act.
5. Registration of godown.--(1) The owner shall, within thirty
days from the date of commencement of this Act, in case of an existing godown
and within sixty days from the date of commencement of operation of a new
godown established after the commencement of the Act, make an application to
the Registering Authority in the prescribed form for registration of the
godown.
(2) The Registering
Authority, on receipt of the application, shall make such inquiry and require
the owner to furnish such information as it deem necessary.
(3) If the
Registering Authority, as a result of the inquiry, is satisfied that the
information contained in the application or furnished by the owner in respect
of the godown is correct, it shall register the godown.
(4) The owner, whose
godown is registered, shall comply with the provisions of this Act, the rules
and the directions issued by the Registering Authority in respect of the godown
or any essential article stored in the godown.
6. Maintenance and inspection of records.--The owner shall maintain and produce
for inspection of such books, accounts and record relating to the essential
articles stored in or removed from the godown and to furnish such information
relating thereto as and when required by the Registering Authority or the
designated officer.
7. Powers of Registering Authority.--The Registering Authority or the
designated officer may enter and search a godown and seize any essential
article in respect of which the Registering Authority or the designated officer
has reasons to believe that:
(a) a provision of this Act or the rules has
been violated; or
(b) the information furnished by the owner is
not correct; or
(c) any direction issued by the Registering
Authority is or is about to be contravened.
8. Appeal.--(1) Any person aggrieved by an order
of the Registering Authority may, within thirty days from the date of
communication of such order, prefer an appeal to the Government and the
Government may set aside, modify or confirm the impugned order.
(2) In case, no appeal
is filed within thirty days, the order of the Registering Authority shall be
final and, in case, an appeal is preferred, the order of the Government on such
appeal shall be final.
9. Bar of jurisdiction.--(1) No suit, prosecution or any other
legal proceeding shall lie against any person for anything, in good faith, done
or intended to be done under this Act or the rules.
(2) No Court shall
call in question, or permit to be called in question, anything done or any
action taken under this Act or the rules.
(3) No Court shall
grant any injunction or make any order, nor shall any Court entertain any
proceedings, in relation to anything done or intended to be done or any action
taken or intended to be taken under this Act or the rules.
10. Penalty.--(1) If a person contravenes any provision of this Act,
creates any obstacle or prevents the Registering Authority or the designated
officer from performing their functions under the Act, such person shall be punished
with an imprisonment which may extend to three years or with fine which may
extend to three hundred thousand rupees or with both.
(2) A Court shall not
take cognizance of an offence under this section unless an officer authorized
by the Government submits a complaint in writing.
11. Rules.--The Government may, by notification in the official
Gazette, make rules for carrying out purposes of this Act.
12. Repeal.--The Punjab Registration of Godowns Ordinance 2014 (VIII
of 2014) is hereby repealed.
--------------------
ACT XXII OF 2014
PUNJAB LOCAL GOVERNMENT (AMENDMENT)
ACT, 2014
An Act further to amend the Punjab
Local Government Act, 2013
[Gazette of Punjab, Extraordinary, 10th
November, 2014]
No.
PAP/Legis-2(40)/2014/1145.--The Punjab Local Government (Amendment) Bill, 2014, having
been passed by the Provincial Assembly of the Punjab on 24 October 2014. and
assented to by the Governor of the Punjab on 08 November 2014, is hereby
published as an Act of the Provincial Assembly of the Punjab.
Whereas, it is expedient further to amend the Punjab Local
Government Act, 2013 (XVIII of 2013) for purposes hereinafter appearing;
It is enacted as follows:--
1. Short title and commencement.--(1) This Act may be cited as the
Punjab Local Government (Amendment) Act, 2014.
(2) It shall come into
force with effect from 4 September 2014.
2. Insertion of Section 146-A of Act XVIII
of 2013.--In the
Punjab Local Government Act, 2013 (XVIII of 2013), hereinafter referred to as
the said Act, after Section 146, the following Section 146-A shall be inserted:
"146-A. Companies for cattle markets.--(1) Notwithstanding anything contained
in this Act, the Government may establish a Company under the Companies
Ordinance, 1984 (XLVII of 1984) for establishing and maintaining a cattle
market for an area consisting of two or more Districts.
(2) A local government
shall not organize, establish and maintain a cattle market without the consent
of the Company established under sub-section (1).
(3) All the Chairmen
and Mayors of the local governments, except the Chairmen of Union Councils or
Authorities in the area of a Company, shall be members of the Company.
(4) A cattle market
established under sub-section (1) shall be deemed to be a catt;e market
organized by a local government under Sections 77, 81 or Section 87 of this
Act."
3. Amendment in Third Schedule of Act XVIII
of 2013.--In the said
Act, in the Third Schedule:
(a) in Part-II, entry
at Sr. No. (11) shall be omitted; and
(b) in Part-III,
entry at Sr. No. (14) shall be omitted.
4. Amendment in Eighth Schedule of Act XVIII
of 2013.--In the said
Act, in the Eighth Schedule:
(a) in paragraph 2, in sub-paragraph (3), in
the proviso, for entry at serial No. (iv), the following shall be substituted:
"(iv) cattle brought to a cattle market; and",
and
(b) paragraphs 7 and
8 shall be omitted.
5. Repeal.--The Punjab Local Government
(Amendment) Ordinance 2014 (VII of 2014) is hereby repealed.
---------------------
ACT XXIII OF 2014
PUNJAB LOCAL GOVERNMENT (AMENDMENT)
ACT, 2014
An Act further to amend the Punjab
Local Government Ordinance, 2001.
[Gazette of Punjab, Extraordinary, 10th
November, 2014]
No.
PAP/Legis-2(39)/2014/1146.--The Punjab Local Government (Amendment) Bill 2014, having been
passed by the Provincial Assembly of the Punjab on 24 October 2014, and
assented to by the Governor of the Punjab on 08 November 2014, is hereby
published as an Act of the Provincial Assembly of the Punjab.
Whereas, it is expedient further to amend the Punjab Local
Government Ordinance, 2001 (XIII of 2001) for purposes hereinafter appearing;
It is enacted as follows:
1. Short title and commencement.--(1) This Act may be cited as the
Punjab Local Government (Amendment) Act, 2014.
(2) It shall come into
force with effect from 4 September 2014.
2. Omission of Section 118-A of Ordinance
XIII of 2001.--In the
Punjab Local Government Ordinance, 2001 (XIII of 2001), hereinafter referred to
as the said Ordinance, Section 118-A shall be omitted.
3. Insertion
of Section 195-B in Ordinance XIII of 2001.--In the said Ordinance, after Section 195-A, the following Section 195-B
shall be inserted:
"195-B.
Companies for cattle markets.--(1)
Notwithstanding anything contained in this Ordinance, the Government may
establish a Company under the Companies Ordinance, 1984 (XLVII of 1984) for
establishing and maintaining a cattle market for an area consisting of two or
more Districts.
(2) A local government shall not organize,
establish and maintain a cattle market without the consent of the Company
established under sub-section (1).
(3) All the Nazims of Tehsil Municipal
Administrations or Town Municipal Administrations, in the area of a Company,
shall be members of the Company.
(4) A cattle market established under
sub-section (1) shall be deemed to be a cattle market organized by a Tehsil
Municipal Administration or Town Municipal Administration under Section 54 or
Section 54-A of this Ordinance."
4. Amendment
in Second Schedule of Ordinance XIII of 2001.--In the said Ordinance, in the Second Schedule;
(a) in Part-III, entry at serial No. 2 shall be
omitted; and
(b) in Part-IV, entry at serial No. 2 shall be
omitted.
5. Amendment in Fifth Schedule of Ordinance
XIII of 2001.--In the
said Ordinance, in the Fifth Schedule, in Part-II, the entry at Serial No. 10
shall be omitted.
6. Amendment in Sixth Schedule of Ordinance
XIII of 2001.--In the
said Ordinance, in the Sixth Schedule;
(a) in paragraph 2, in sub-paragraph (3), in
the proviso, for the entry at serial No. (iv), the following shall be
substituted:
"(iv) cattle brought to a cattle market; and";
and
(b) paragraphs 7 and
8 shall be omitted.
7. Repeal.--The Punjab Local Government (Amendment) Ordinance 2014
(VI of 2014) is hereby repealed.
-------------------
ACT XXIV OF 2014
PUNJAB LOCAL GOVERNMENT (SECOND
AMENDMENT) ACT, 2014
An Act further to amend the Punjab
Local Government
Act, 2013
[Gazette of Punjab, Extraordinary, 10th
November, 2014]
No.
PAP/Legis-2(48)/2014/1147.--The Punjab Local Government (Second Amendment) Bill 2014,
having been passed by the Provincial Assembly of the Punjab on 27 October 2014,
and assented to by the Governor of the Punjab on 08 November 2014, is hereby
published as an Act of the Provincial Assembly of the Punjab.
Whereas it is expedient further to amend the Punjab Local
Government Act, 2013 (XVIII of 2013) for purposes hereinafter appearing;
It is enacted as follows:
1. Short title and commencement.--(1) This Act may be cited as the
Punjab Local Government (Second Amendment) Act, 2014. (2) It shall come into
force at once.
2. Substitution of Section 6 of Act XVIII of
2013.--In the Punjab
Local Government Act, 2013 (XVIII of 2013), hereinafter referred to as “the
said Act", for Section 6, the following shall be substituted:
"6. Local areas.--(1) The Government shall, by
notification in the official Gazette, divide a District into urban area and
rural area.
(2)
For purposes of this Act, the Government shall, by notification,
demarcate and declare a local area consisting of:
(a) Lahore District as the Metropolitan
Corporation;
(b) rural area in a District, other than Lahore
District, as District Council;
(c) urban area in a District, other than the
area of a Municipal Committee, as Municipal Corporation; and
(d) urban area in a District, other than the
area of a Municipal Corporation, as Municipal Committee.
(3) The
Government may, by notification in the official Gazette, after inviting public
objections and suggestions, alter the limits of a local area and declare that
any area shall cease to be a District Council, Municipal Committee or Municipal
Corporation.
(4) Subject
to the Act, any two or more adjoining local governments within a District may,
after inviting public objections through a resolution passed by two-third
majority of the total membership of each of the local governments, make a
proposal to the Government for a change in their respective boundaries subject
to the condition that no revenue estate shall be divided and the size of
population in the relevant local area shall, as far as possible, be close to
the average population of similar local areas in the District."
3. Amendment in Section 7 of Act XVIII of
2013.--In the said
Act, in Section 7, after sub-section (2), the following sub-section (3) shall
be inserted:
"(3) Nothing contained in this section shall apply
to Union Councils and the Union Councils shall be reconstituted under sections
6 and 9."
4. Substitution of Section 8 of Act XVIII of
2013.--In the said
Act, for Section 8, the following shall be substituted:
"8. Local governments and
delimitation.--(1)
The Government shall, by notification in the official Gazette, determine the
number of Union Councils in the Metropolitan Corporation, a Municipal
Corporation and a District Council and wards for a Municipal Committee in
accordance with the First Schedule.
(2) After
the demarcation of the local governments under Section 6 and determination of
the number of Union Councils and wards, the Election Commission shall delimit
the Union Councils and wards.
(3) The
Election Commission shall delimit and notify the Union Councils and wards on
the basis of the principles laid down in sections 9 and 10 and, as nearly as
possible, under the Delimitation of Constituencies Act, 1974 (XXXIV of 1974) or
any other Act of the Majlis-e-shoora (Parliament)."
5. Substitution of Section 9 of Act XVIII of
2013.--In the said
Act, for Section 9, the following shall be substituted:
"9. Delimitation of Union Councils.--(1) A Union Council shall be an area
consisting of one or more revenue estates or, in the case of an area where
revision of settlement under the law has not taken place, one or more census
villages or, in the case of an urban area, a census block or blocks as
determined for purposes of the last preceding census or a census block or
blocks and a revenue estate or revenue estates, delimited and notified as such
by the Election Commission.
(2) For purposes of
delimitation of a Union Council:
(a) the area of a Union Council shall be a
territorial unity;
(b) the boundaries of a Union Council shall not
cross the limits of the Metropolitan Corporation, a Municipal Corporation or a
District Council; and
(c) the population of Union Councils within a
local government shall, as far as possible, be uniform.
(3) The
Election Commission shall delimit a Union Council into six wards for the
election of members on general seats and into two wards, consisting of three
adjoining wards of the Union Council, for the election of the two seats
reserved for women.
(4)
For purposes of delimitation of a ward of a Union Council:
(a) a ward shall consist of a village, one or
more adjoining villages or, in case of an urban area, a census block or
adjoining census blocks;
(b) the boundaries of a ward shall not cross
the limits of the Union Council; and
(c) the population of wards within a Union
Council shall, as far as possible, be uniform."
6. Substitution of Section 10 of Act XVIII
of 2013.--In the said
Act, for Section 10, the following shall be substituted:
"10. Delimitation of wards in Municipal Committees--(1) The Election Commission shall
delimit a Municipal Committee into wards for election of members of the
Municipal Committee on general seats.
(2) For purposes of delimitation of a
Municipal Committee:
(a) a ward shall consist of a census block or
adjoining census blocks;
(b) the boundaries of a ward shall not cross
the limits of the Municipal Committee; and
(c) the population of wards within a Municipal
Committee shall, as far as possible, be uniform."
7. Amendment in Section 11 of Act XVIII of
2013.--In the said
Act, in Section 11:
(a) in sub-section (1), for clause (d), the
following shall be substituted:
"(d) Union Councils; and"; and
(b) in sub-section (2), clause (a) shall be
omitted.
8. Substitution of Section 21 of Act XVIII
of 2013.--In the said
Act, for Section 21, the following shall be substituted:
"21. Preparation of electoral rolls.--(1) The Election Commission shall
cause to be prepared or adapted the electoral rolls for the election of a local
government and revise such electoral rolls from time to time, as nearly as
possible, under the Electoral Rolls Act, 1974 (Act XXI of 1974) or any other
Act of the Majlis-e-shoora (Parliament).
(2) Subject
to sub-section (1), a person shall be entitled to be enrolled as a voter if he:
(a) is a citizen of
Pakistan;
(b) is not less than
eighteen years of age; and
(c) fulfils such other conditions as the
Election Commission may specify.
(3) Every
person whose name is entered in the electoral roll shall be entitled to cast
vote at the direct election of a local government."
9. Repeal.--The Punjab Local Government (Second
Amendment) Ordinance 2014 (XVI of 2014) is hereby repealed.
---------------------------
ACT XXV OF 2014
PUNJAB STRATEGIC COORDINATION
ACT, 2014
An Act to establish the Provincial
Security Council and Punjab Strategic Coordination Board.
[Gazette of Punjab, Extraordinary, 10th
November, 2014]
No.
PAP/Legis-2(42)/2014/1148.--The Punjab Strategic Coordination Bill 2014, having been
passed by the Provincial Assembly of the Punjab on 27 October 2014, and
assented to by the Governor of the Punjab on 08 November 2014, is hereby
published as an Act of the Provincial Assembly of the Punjab.
Whereas it is expedient to establish the institutional
mechanism to take effective measures to counter terrorism; to formulate
security and counter terrorism policy; and to deal with ancillary matters;
It is enacted as follows:--
1. Short title, extent and commencement.--(1) This Act shall be cited as the
Punjab Strategic Coordination Act, 2014.
(2) It extends to
whole of the Punjab.
(3) It shall come
into force with effect from 7 September 2014.
2. Definitions.--In this Act:--
(a) "Board" means the Provincial
Strategic Coordination Board;
(b) "Chairperson" means the
Chairperson of the Council;
(c) "Council" means the Provincial
Security Council;
(d) "Director General" means the
Director General of the Board;
(e) "Government" means Government of
the Punjab; and
(f) "organization" means any
statutory, non-statutory, autonomous or semi-autonomous organization of the
Government.
3. Provincial Security Council.--(1) There shall be a Provincial
Security Council consisting of the following:
(a) Chief
Minister; Chairperson
(b) Minister
for Law and Parliamentary
Affairs; Member
(c) two
members of the Provincial Assembly
of the Punjab to be nominated by the
Government; Members
(d) Chief
Secretary of the Government; Member
(e) Secretary
to the Government, Home
Department; Member
(f) Provincial
Police Officer, Punjab; Member
(g) three
persons to be nominated by the
Government each, for a term of two
years; and Members
(h) Director
General. Member/
Secretary
(2) The Council may
co-opt any other person for a meeting of the Council.
(3) The Council shall
perform the following functions:
(a) to approve a provincial security and
counter terrorism policy;
(b) to supervise coordination with the Federal
security and intelligence agencies;
(c) to review and monitor coordination amongst
security and criminal justice agencies in the Province;
(d) to approve steps to be taken for
improvement of security and, law and order; and
(e) to exercise general supervision over
working of the Board.
(4) The Council shall
meet at least once in a month or whenever it is convened by the Chairperson.
(5) The Council shall
determine its own procedure.
4. Provincial Strategic Coordination
Board.--(1) The
Government shall, by notification, establish a Provincial Strategic
Coordination Board.
(2) The Board shall
consist of the following:
(a) Chief Secretary of the
Government; Convener
(b) Secretary
to the Government, Home
Department; Member
(c) Secretary
to the Government, Prosecution
Department; Member
(d) Provincial
Police Officer, Punjab; Member
(e) Additional
Inspector General (Special
Branch), Punjab; Member
(f) Additional
Inspector General (Counter
Terrorism Department), Punjab; Member
(g) three
persons to be nominated by the
Government each for a term of two
years; and Members
(h) Director
General. Member/
Secretary
(3) Six members of the
Board shall constitute the quorum for a meeting of the Board but a Secretary to
the Government may be represented in the meeting by an officer of the
Department not below the rank of an Additional Secretary.
5. Functions of the Board.--The Board shall:--
(a) assist the Council in the formulation of
provincial security and counter terrorism policy;
(b) monitor compliance with the provincial
security and counter terrorism policy;
(c) improve coordination between security and
criminal justice agencies;
(d) support institutional development and
formulation of standard operating procedures;
(e) conduct,
promote and coordinate research in relation to its mandate;
(f) publish
reports, statistics, research, monographs and other publications;
(g) support de-radicalization through public
information;
(h) support evidence led planning;
(i) maintain a database of information;
(j) monitor
performance of provincial security and criminal justice agencies;
(k) issue guidance notes; and
(l) report
and advise the Council upon matters of security and law and order.
6. Director
General.--(1) The administration of
the Board shall vest in the Director General.
(2) The Director General shall be an officer of
the Government with such experience of the security and justice sector as may
be prescribed.
(3) The Director General shall draw such pay
and allowances as may be determined by the Government.
7. Directors.--(1) The Board shall have the following five Directors:
(a) Director
Administration and Finance;
(b) Director Research
and Analysis;
(c) Director Policy
and Strategy Development;
(d) Director Systems
Development; and
(e) Director Monitoring
and Coordination.
(2) The Directors
shall work under the control and supervision of the Director General.
(3) A Director shall
draw such pay and .allowances as may be determined by the Government.
8. Staff.--There shall be such number of other
officers and staff of the Board as the Government may determine.
9. Power to obtain information.--The Board may obtain such information
from any department or organization as it may consider appropriate and the
department or organization shall supply such information and in such format as
may be called for by the Board.
10. Power to
appoint advisors and specialists.--The
Board may appoint advisors consultants and specialists to undertake research
and analysis on security related issues.
11. Power to
make rules.--The Government may, by
notification in official Gazette, make rules for carrying out the purposes of
this Act.
12. Repeal.--The Punjab Strategic Coordination Ordinance 2014 (IX
of 2014) is hereby repealed.
---------------------
ACT XXVI OF 2014
PUNJAB FREE AND COMPULSORY EDUCATION ACT, 2014
An Act to provide for free and compulsory education to
all children of the age of five to sixteen years.
[Gazette of Punjab, Extraordinary, 10th
November, 2014]
No. PAP/Legis-2(36)/2014/1149.--The Punjab Free and Compulsory Education Bill 2014,
having been passed by the Provincial Assembly of the Punjab on 27 October 2014,
and assented to by the Governor of the Punjab on 08 November 2014, is hereby
published as an Act of the Provincial Assembly of the Punjab.
Whereas Article
25-A of the Constitution of Islamic Republic of Pakistan enjoins that the State
shall provide free and compulsory education to all children of the age of five
to sixteen years and, for the purpose, it is expedient to make necessary
provisions;
It is enacted as
follows:
CHAPTER I
PRELIMINARY
1. Short
title, extent and commencement.--(1)
This Act may be cited as the Punjab Free and Compulsory Education Act, 2014.
(2) It shall extend to whole of the Punjab.
(3) It shall come into force on such date as
the Government may, by notification, determine and the Government may, in like
manner, determine different dates on which the specified provisions of this Act
shall come into force.
2. Definitions.--In this Act:
(a) "child"
means a child from the age of five to sixteen years;
(b) "capitation
fee" means any kind of donation or contribution or payment, by whatever
name, other than the fee notified by the Government or the local authority;
(c) "disadvantaged
child" means a child who belongs to a socially and economically
disadvantaged class, or to any other group having disadvantage owing to social,
or such other reasons or who belongs to such a parent whose annual income is
less than the limit which the Government may, by notification, specify;
(d) "education"
means teaching and training of mind and character by attendance in regular
school education, madrassa education, vocational training and special education
in the class room and school setting, or non-formal education or the education
prescribed for a child or category of children by the Government;
(e) "free
education" implies that the Government or a local authority shall not
charge any fee or expense for providing education and shall endeavour to remove
financial barriers that may prevent a child from completing ten years’
education;
(f) "Government"
means Government of the Punjab;
(g) "local
authority" means a local government, an autonomous or semi-autonomous body
or authority of the Government, a public sector organization or body having
administrative control over a school or empowered by or under any law to
function as a local authority;
(h) "parent"
includes a person having the care and custody of a child or a guardian
appointed by a Court;
(i) "prescribed"
means prescribed by rules;
(j) "rules"
means the rules made under the Act;
(k) "school"
means an educational institution imparting primary, elementary or secondary
education to the children and includes:
(i) a school owned or controlled by the
Government or a local authority;
(ii) a school receiving aid or grant to meet
whole or part of its expenses from the Government, Federal Government or a
local authority;
(iii) a school not receiving any kind of aid or
grant from the Government, Federal Government or a local authority; and
(iv) a Deeni madrassa or any school providing
religious education recognized by the Government;
(l) "screening
procedure" means the method of selection for admission of a child at
nursery level or any other initial level, in relation to another child other
than a random method; and
(m) "vocational
education" includes the training of skills to prepare trainees for jobs
and careers at various levels from trade to a craft.
CHAPTER II
RIGHT TO FREE AND COMPULSORY EDUCATION
3. Right to
free and compulsory education.--(1)
Every child shall have a right to free and compulsory education from class one
to ten, non-formal education, vocational education or a combination of all or
any of the two as notified by the Government considering the needs, capability
and age of the child so as to ensure completion of education or specified
education in a school in the neighborhood or the school allocated for the
child.
(2) The Government shall prescribe academic
calendar for class one to class ten and for non-formal education, vocational
education and special education.
(3) For purposes of sub-section (1), a child or
parent shall not be liable to pay any kind of fee or charges or expenses for
completing the education in a school mentioned in sub-clause (i) of clause (k)
of Section 2.
(4) The Government shall, in the prescribed
manner, provide or cause to be provided suitable education to a child suffering
from disability or a special child.
4. Duty to
provide education.--(1) The
Government shall:
(a) provide
free and compulsory education to every child in the neighborhood school or the
school allocated for the child;
(b) ensure
good quality education conforming to the standards and norms of quality
education; and
(c) prepare
an annual statement of the children admitted and retained in the educational
institutions.
(2) A Local Government shall:
(a) maintain,
in the prescribed manner, a record of children up to the age of sixteen years
residing within its jurisdiction; and
(b) ensure
and monitor admission, attendance and completion of education by every child
residing within its jurisdiction.
5. Special
provisions for education.--If a child
above five years of age has not been admitted in any school or after admission,
could not complete education, the Local Government shall, in the prescribed
manner, develop a mechanism to ensure admission of the child in a school
according to age, previous class and other circumstances.
6. Transfer
to other school.--(1) Where in a
school, there is no provision for completion of the prescribed education, a
child or a parent may opt for transfer of the child to any other school for
completing his education.
(2) Where a child is required to move from one
area to another, for any reason, such child shall continue to have a right to
complete his education in such other area.
(3) For purposes of admission in another
school, the incharge of the school where the child was last admitted, shall
immediately issue the transfer certificate or school leaving certificate.
CHAPTER III
DUTIES OF GOVERNMENT, LOCAL AUTHORITY AND PARENTS
7. Sharing
of financial and other responsibilities.--(1) The Government and local authority shall have concurrent
responsibility for providing funds for carrying out the purposes of this Act.
(2) The Government may approach the Federal
Government to provide as grants-in-aid such percentage of expenditure for
education as may be determined with mutual consultation.
8. Establishment
of schools.--(1) For carrying out the
purposes of this Act, a local authority shall make arrangements for the
requisite number of schools, within such area as may be prescribed.
(2) The Government shall devise a scheme for
using the schools in the evening hours for providing education to the children
and for making arrangements for providing non-formal education to the children in
other educational institutions.
(3) The Government and a local authority may
encourage enterprises, institutions and other segments of civil society, by
granting exemption or rebate in taxes and offering incentives for those who
establish, maintain or run schools for provision of free and compulsory
education to children.
(4) The Government and a local authority shall
devise a system of grants-in-aid to encourage admission of a child in a school
and to support the school attendance of a disadvantaged child.
9. Duty of
parent.--(1) A parent shall admit or
cause to the admitted the child for education in a school or, as the case may
be, in the school allocated for the child.
(2) The parent shall, except in the case of a
reasonable excuse, cause the child to attend a school in the neighborhood or
the allocated school until the said child has completed the education provided
and contemplated for him.
(3) If a parent fails to admit and keep the
child in a school, he may not be entitled to any subsidy or poverty targeted
support of the Government and the Government may recommend such a measure to
the Federal Government or any other body providing such subsidy or support.
Explanation: Reasonable excuse for purposes of this section shall
include any of the following cases:
(a) where the
school management body 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
attend a school or carry on his study further; or
(b) where the
child is receiving, otherwise than in a school, education or instructions which
in the opinion of the school management body, is sufficient.
10. Pre-school
education.--The Government or the
local authority may establish a kindergarten school or childcare centre in a
local area or consolidate or merge such schools or centres for providing free
pre-school education and early childhood care for the children above the age of
three years until they join a school for education.
11. Management
of schools.--The Government or the
local authority shall establish a school management body of a public school
consisting of its representatives, teachers, parents of children admitted to
the school and confer on it the prescribed powers in relation to the school.
12. Taleem
Fund.--(1) The Government may permit
a school management body to establish, in the prescribed manner, a Taleem Fund
for the school.
(2) All voluntary contributions from the
philanthropists, alumni, students and parents shall be credited to the Taleem
Fund, maintained at a scheduled Bank.
(3) The Fund shall be utilized for the welfare
of the students of the school in the prescribed manner.
(4) All moneys from the Fund shall be withdrawn
in the prescribed manner jointly by at least two members of the school
management body.
CHAPTER IV
RESPONSIBILITIES OF SCHOOLS AND TEACHERS
13. Responsibility
of private school for free education.--For
purposes of this Act, a private sector school:
(a) specified
in sub-clause (ii) of clause (k) of Section 2, shall provide free education to
such proportion of children admitted therein as its annual aid or grant so
received bears to its annual recurring expenses;
(b) specified
in sub-clauses (iii) and (iv) of clause (k) of Section 2, shall admit in class
one and then in every class, ten percent of the strength of that class,
children, including disadvantaged children of the neighbourhood or other
children as may be determined by the Government, and shall provide free and compulsory
education to such children or, in the alternative, provide prescribed vouchers
for education of disadvantaged children in any other school, as may be
determined by the Government;
(c) shall
provide the information pertaining to the students admitted under clauses (a)
and (b) to the Government, the local authority or any other prescribed
authority; and
(d) shall not
require a parent to purchase textbooks, uniform or other material from a
particular vendor or provider and shall not charge any amount other than
tuition fee, admission fee or prescribed security in the name and style of
building fund or under any other name or style.
14. Capitation
fee and screening procedure.--(1) No
school or person shall, while admitting a child in the school:
(a) collect any capitation fee; or
(b) in case
of schools owned or controlled by the Government or a local authority, subject
the child or his parent to any screening procedure.
(2) Any school or person who, in contravention of
the provisions of sub-section (1),--
(a) receives
capitation fee, shall be punishable with fine which may extend to twenty times
the capitation fee charged in the first instance and fifty thousand rupees for
each subsequent instance of the contravention; or
(b) subjects
a child or parent to screening procedure, shall be punishable with fine which
may extend to fifty thousand rupees in the first instance and one hundred
thousand rupees for each subsequent instance of contravention.
15. Proof of
age for admission.--(1) For purposes
of admission to a school, the age of a child shall be determined on the basis
of the birth certificate or such other document as may be prescribed but a
child shall not be denied admission in a school for lack of proof of age.
(2) If a child is admitted in a school without
producing the birth certificate, the incharge of the school shall send, in
writing, the particulars of the child to the local authority responsible for
birth registration of the child.
16. Admission,
expulsion and corporal punishment.--(1)
Subject to such exceptions as may be prescribed, a school shall admit children
at the commencement of every academic year.
(2) Subject to the provisions of sections 3 and
6, a school shall not transfer or expel a child admitted in the school till the
completion of the prescribed education until:
(a) arrangement
is made for transfer of the child to any other school in the prescribed manner;
(b) the child
has been assessed in two consecutive annual examinations as being below the
educational standard of the school;
(c) a
reasoned judgment has been passed by the disciplinary committee of the school
that further retention of the child in such school shall be detrimental to the
discipline of the school; or
(d) the child
or parent fails to fulfill any prescribed condition including non-payment of
fee of a private school.
(3) If a child is expelled from a school under
sub-section (2), the incharge of the school shall immediately inform the local
government and to such officer as the Government may authorize to receive such
communication.
(4) The teacher or incharge of a school shall
ensure that a child studying in the school is not subjected to corporal
punishment or harassment.
(5) A person who contravenes any provision of
this section shall be guilty of gross misconduct and shall be liable to
disciplinary action under the law or contract of service of such person.
17. Duties of
teachers.--(1) The incharge of a
school shall effectively carry out his functions and shall enforce discipline
amongst the teachers and the students.
(2) A teacher including the incharge shall:
(a) maintain
regularity and punctuality in attending the school, classes, curricular and
co-curricular activities;
(b) complete
the curriculum within the specified time;
(c) assess
the learning abilities of every child and impart additional instructions, if
required;
(d) try for
all round development of the child;
(e) build up
child's knowledge, potential and talent;
(f) adopt
learning through activities, discovery and exploration in a child-friendly and
child-centered manner;
(g) keep the
child free of fear, trauma and anxiety and help the child to express his views
freely:--
(h) hold
regular meetings with parents and share with them the relevant information
about the child; and
(i) perform
such other duties as may be prescribed.
(3) A teacher who fails to perform the duties
specified in sub-section (1) in a satisfactory manner shall be liable to
disciplinary action under the relevant service laws or terms of service
contract.
CHAPTER V
PROTECTION OF RIGHT OF CHILDREN
18. Monitoring
of right to education.--(1) The
Government shall:
(a) take all
necessary measures for the effective implementation of this Act; and
(b) inquire
into complaints relating to right to education and take appropriate action.
(2) Any person having any grievance relating to
the rights of a child to education may make a written complaint to the
Government or to the prescribed authority.
(3) On receipt of a complaint under sub-section
(2), the Government or the prescribed authority shall decide the matter within
the period of thirty days after affording a reasonable opportunity of being
heard to the parties.
(4) Any order passed under this section shall
be final and the administration of the school shall implement such order.
CHAPTER VI
MISCELLANEOUS
19. Inspections
and directions.--(1) In addition to
the routine quality assurance of the schools and education of different levels,
the prescribed authority shall inspect or cause to be inspected a school for
purposes of ascertaining that this Act and the rules have been and are being
complied with.
(2) The Government may issue such guidelines
and give such directions to a local authority, as it deems fit, for effective
implementation of this Act.
(3) A school shall provide such information as
the Government or the prescribed authority may require.
20. Residuary
penalty and liability of corporations.--(1)
Unless otherwise provided, if a person contravenes any order made under this
Act, he shall be punished with imprisonment for a term which may extend to six
months or with fine which may extend to fifty thousand rupees or with both.
(2) If the person contravening an order made
under this Act or any penal provision of the Act is a Company or other body
corporate, every director, manager, secretary or other officer or agent thereof
shall, unless he proves that the contravention took place without his knowledge
or that he exercised all due diligence to prevent such contravention, be deemed
to be guilty of such contravention.
21. Prosecution
and compounding of the offences.--(1)
No Court shall take cognizance of any offence under this Act except on a
complaint in writing made by the prescribed authority.
(2) An offence under this Act shall be bailable
and compoundable.
(3) An officer so authorized by the prescribed
authority may, in the prescribed manner, compound any offence punishable under
this Act on payment, within such time as may be specified in the order, of
specified sum of money which shall not exceed fifty percent of the amount of
the maximum fine to which the person would have been liable if he had been
convicted of the offence.
22. Summary
trial.—(1) Notwithstanding anything
contained in the Code of Criminal Procedure 1898 (V of 1898) but subject to
sub-section (3), the Court shall summarily try an offence punishable under this
Act on the basis of a complaint submitted by the authorized officer of the
prescribed authority and may impose punishment of imprisonment for a term not
exceeding six months or fine not exceeding fifty thousand rupees.
(2) The Court shall conduct the summary trial
of an offence under the Act in accordance with the provisions of Chapter XXII
of the Code of Criminal Procedure 1898 (V of 1898) relating to the summary
trials.
(3) If the Court is of opinion that the nature
of the offence does justify summary trial, it may conduct proceedings in
accordance with the provisions of Chapter XX of the Code of Criminal Procedure
1898 (V of 1898).
23. Protection
of action taken in good faith.--No
suit or other legal proceeding shall lie against the Government, the prescribed
authority, a local authority or any other person, in respect of anything which
is in good faith done under this Act, the rules or any order made under the
Act.
24. Power to
make rules.--(1) The Government may,
by notification, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the
generality of the foregoing powers, such rules may provide for any of the
following matters:
(a) manner of
maintenance of records of children;
(b) criteria
for determination of disadvantage children or payment of vouchers;
(c) the area
or limits for establishment of a neighbourhood school;
(d) extended
period for admission of a child and the manner of completing study by the child
if admitted after the extended period;
(e) academic
calendar;
(f) duties
to be performed by the teachers;
(g) the
manner of redressing grievances of teachers, students or any other person;
(h) the
manner of giving opportunity of hearing under this Act;
(i) receipt
of contribution, utilization and withdrawal of money from the Taleem Fund; and
(j) maintenance
and audit of accounts.
25. Act to
override other laws.--Notwithstanding
anything contained in any other law, this Act shall have overriding effect and
all such other laws shall be brought in conformity with the scheme and the
objectives of this Act within a period of five years.
26. Repeal.--The Punjab Compulsory Primary Education Act, 1994 (IX
of 1994) and the Punjab Free and Compulsory Education Ordinance 2014 (V of
2014) are hereby repealed.
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THE END