Act XXIV of 2012 · 13 pages
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THE RIGHT TO FREE AND COMPULSORY EDUCATION
ACT, 2012
CONTENTS
1. Short title, extent and commencement.
2. Definitions.
3. Right of child to free education.
4. Special provisions for education.
5. Right of transfer to other school.
6. Duty of appropriate Government to establish school.
7. Sharing of financial and other responsibilities.
8. Duty of parents.
9. Appropriate Government to provide preschool education.
10. Responsibility of private school for free education.
11. No capitation fee and screening procedure.
12. Proof of age for admission.
13. No denial of admission and expulsion.
14. Registration of Schools.
15. Norms and standards of school.
16. School Management Committee.
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17. Terms and conditions of service of teachers.
18. Duties of teachers.
19. Other teachers related matters.
20. Monitoring of child's right to education.
21. Medical and dental inspection of children.
22. Education Advisory Council.
23. Awards.
24. No Advertisement without Registration.
25. Inspections and directions.
26. Prosecution of the offences.
27. Protection of action taken in good faith.
28. Repeal.
29. Powers to make rules.
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THE RIGHT TO FREE AND COMPULSORY EDUCATION ACT, 2012
ACT NO. XXIV OF 2012
An Act to provide for free and compulsory education to all children of the age of five to sixteen years
WHEREAS it is expedient to provide free and compulsory education to all children of the
age of five to sixteen years in schools established by the Federal Government and Local Government
in Islamabad Capital Territory;
It is hereby enacted as follows:⸺
1. Short title, extent and commencement.—(1) This Act may be called the Right to Free
and Compulsory Education Act, 2012.
(2) It shall extend to the Islamabad Capital Territory.
(3) It shall come into force on such date and in such areas, as the Federal Government may,
by notification in the Official gazette, appoint.
2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—
(a) “Appropriate Government” means,—
(i) in relation to a school established, owned or controlled by the Federal
Government, the Federal Government; and
(ii) in relation to a school established, owned or controlled by the Local
Government, the Local Government;
(b) “capitation fee” means any donation, contribution or payment, by whatever
name, other than the fee notified by the school or the appropriate Government;
(c) “child” means a child including a child with special education needs, male or
female, of the age of five to sixteen years of age;
(d) “disadvantaged child” means a child who belongs to a socially and
economically disadvantaged class, or group or belongs to such parent whose
annual income is lower than the minimum limit specified by the appropriate
Government, by the notification in the Official gazette;
(e) “education” means the prescribed education for a child by the academic
authority, notified by the Government;
(f) “Education Advisory Council” means the Education Advisory Council
established under this Act;
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(g) “free education” means education free of any education related costs including
expenditure on stationery, school bags, and transport.
(h) “notification” means a notification published in the Official gazette;
(i) “parent” includes a person having the care and custody of a child and includes
a natural guardian or legal guardian so appointed or declared by a Court.
(j) “prescribed” means prescribed by rules made under this Act;
(k) “School” means any registered school imparting prescribed education and
includes a,—
(i) A school established, owned or controlled by the appropriate
Government;
(ii) A school receiving aid or grants from the appropriate Government to
meet the whole or part of its expenses; and
(iii) A school not receiving any kind of aid or grants from the appropriate
Government to meet its expenses.;
(l) “screening procedure” means the method of selection for admission of a child,
in preference over another, other than a random method; and
(m) “special education” means educational programmes and practices designed for
students as handicapped or gifted students, whose mental ability, physical
ability, emotional functioning, etc. require special teaching approaches,
equipment, or care within or outside a regular classroom.
3. Right of child to free education.—(1) Every child, regardless of sex, nationality or race,
shall have a fundamental right to free and compulsory education in a neighbourhood school.
(2) No child shall be liable to pay any kind of fee, charges, expenses, etc., which may prevent
him from pursuing and completing the education.
(3) It is the obligation of the appropriate Government to,—
(a) provide free education to every child;
(b) ensure admission of children of migrant families;
(c) ensure compulsory admission, attendance and completion of education;
(d) ensure safely of travel of the child and the teacher to and from school;
(e) ensure availability of a neighbourhood school;
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(f) ensure that the disadvantaged child is not discriminated against and prevented
from, on any grounds whatsoever, pursuing and completing education:
(g) provide infrastructure including school building, playgrounds, laboratories,
teaching learning material and reaching staff;
(h) monitor functioning of schools within its jurisdiction;
(i) decide the academic calendar;
(j) provide all training facilities for teachers and students;
(k) ensure good quality education conforming to the prescribed standards and
norms;
(l) ensure timely prescribing of curriculum and courses of study for education;
and
(m) provide proper training facility for teachers.
4. Special provisions for education.—Where a child has not been admitted in any school or
though admitted, could not complete his education, then he shall be admitted in an appropriate class
in a formal or non-formal school:
Provided that he shall, in order to be at par with others, have a right to receive special
training, in such a manner, and within one academic year.
5. Right of transfer to other school.—(1) Where in a school, there is no provision for
completion of the prescribed education, a child shall have a right to seek transfer to any other school
for completing his education.
(2) Where a child is required to move from one school to another, for any reason whatsoever,
such child shall have a right to seek transfer to any other school for completing his education.
(3) for seeking admission in such other school, the in-charge of the school where such child
was last admitted, shall immediately issue the transfer certificate:
Provided that delay in producing the transfer certificate shall not be a ground for cither
delaying or denying admission in such other school:
Provided further that the in-charge of the school delaying issuance of transfer certificate or
delaying or denying admission shall be liable for disciplinary action under the service rules.
6. Duty of appropriate Government to establish school.—(1) The appropriate Government
shall, for carrying out the provisions of this Act, establish, within such limits of neighbourhood as
may be prescribed, a school, within a period of three years from the commencement of this Act.
(2) The appropriate Government shall encourage enterprises, institutions and other segments
of society, by offering incentives, to establish schools to facilitate free and compulsory education.
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(3) The appropriate Government shall establish a system of grants-in-aid to support the
school attendance of poor students.
7. Sharing of financial and other responsibilities.—(1) The Federal Government and the
Local Government, if any, shall have concurrent responsibility for providing funds for carrying out
the provisions of this Act.
(2) The Federal Government may provide to the Local Government as grants-in-aid such
percentage of expenditure for education as it may determine, from time to time, in consultation with
the Local Government.
(3) The Federal Government shall establish or specify, through notification, an academic
authority to lay down the curriculum and evaluation procedures, including approval of syllabi and
textbooks for students, to develop and enforce standards for training of teachers, and to provide
technical support and resources for planning and capacity building of teachers and education
managers.
8. Duty of parents.—(1) The parent of a child shall, except in the case of a reasonable
excuse, cause a child to attend a school in the neighbourhood until the said child has completed the
prescribed education.
(2) Reasonable excuse for the purpose of sub-section (1) shall include any of the following
cases namely;—
(a) where the School management Committee is satisfied that the child is
incapable of attending school by reason of any infirmity or mental incapacity
or it is not desirable that the child should be compelled to carry on his study
further; or
(b) where there is no School in the neighbourhood.
9. Appropriate Government to provide pre-school education.—The appropriate
Government may make necessary arrangements for providing free pre-school education and early
childhood care for the children above the age of three years until they join the school for education.
10. Responsibility of private school for free education.—For the purposes of this Act, a
school,—
(a) specified in sub-clauses (i) and (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; and
(b) in sub-clause (iii) of clause (k) of Section 2, shall admit in class I and then in
every class, to the extent of at ten percent of the strength of that class,
disadvantaged children in the neighbourhood and provide free education till
the educational level of that school:
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Provided that where a school specified in clause (b), imparts preschool
education, the provisions of clauses (a) and (b) shall apply for admission to
such pre-school education.
11. No capitation fee and screening procedure.—(1) No school or person shall, while
admitting a child, collect any capitation fee and subject the child or his parents or parent to any
screening procedure.
(2) Any school or person, if 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 for the first contravention and fifty
thousand rupees for each subsequent contravention; and
(b) subjects a child or parent to screening procedure, shall be punishable with fine
which may extend to fifty thousand rupees for the first contravention and one
hundred thousand rupees for each subsequent contravention.
12. Proof of age for admission.—For the purposes of admission to a school, the age of a
child shall be determined on the basis of the Form-B of NADRA and birth certificate issued as
prescribed:
Provided that no child shall be denied admission in a school for lack of proof of age.
13. No denial of admission and expulsion.—(1) A child shall be admitted in a school at the
commencement of every academic year:
Provided that no child shall be denied admission if such admission is sought subsequent to
termination of admission period of the academic year:
Provided that any child subsequently admitted shall complete his studies in such manner as
may be prescribed.
(2) No child admitted in a school shall be expelled from school till the completion of the
prescribed education.
(3) No child shall be subjected to corporal punishment or mental harassment.
(4) Whoever contravenes the provisions of this section, shall be liable to disciplinary action
under the service rules.
14. Registration of Schools.—(1) No school, other than a school established, owned or
controlled by the appropriate Government, after the commencement of this Act, be established or
function, without obtaining a certificate of registration from the prescribed authority.
(2) The prescribed authority shall issue the certificate of registration in such form, within
such period, in such manner, and subject to such conditions, as may be prescribed:
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Provided that no such registration shall be granted to a school unless it fulfils the prescribed
norms and standards.
(3) The prescribed authority shall, on the contravention of the conditions of registration, by
an order in writing, withdraw registration:
Provided that registration shall not be so withdrawn without giving a reasonable opportunity
of being heard to such school:
Provided further that such order shall contain a direction as to which of the neighbourhood
school, the children studying in the so de-registered school, shall be shitted.
(4) The appropriate Government or an authorized officer may take such steps as it or he may
deem necessary to close a unregistered or de-registered educational institution.
(5) Any person who establishes or runs a school without obtaining certificate of registration,
or continues to run a school after withdrawal of registration, shall be liable to fine which may extend
to two hundred thousand rupees and in case of continuing contraventions, to a fine of twenty five
thousand rupees for each day during which such contravention continues.
15. Norms and standards of school.—(1) No school shall be established or registered or
continue to Function, unless it fulfils the prescribed norms and standards.
(2) Where a school established before the commencement of this Act does not conform to the
prescribed norms and standards, it shall take steps to conform to prescribed norms and standards at
its own expense, within a period of two years.
(3) Where a school fails to conform to the prescribed norms and standards within two years,
the prescribed authority shall withdraw registration granted to such school.
(4) Any person who continues to run a school after the registration is withdrawn, shall be
liable to fine which may extend to two hundred thousand rupees and in case of continuing
contraventions, to a fine of twenty five thousand rupees for each day during which such
contravention continues.
16. School Management Committee.—(1) Every school, other than a school specified in
sub-clause (iii) of clause (k) of Section 2, shall constitute a School Management Committee
consisting of the representatives of the appropriate Government, teachers, parents of children
admitted in such school:
Provided that at-least two-thirds of members of such Committee shall be parents:
Provided further that one-third of members of such Committee shall be women.
(2) The School Management Committee shall perform the following functions, namely:-
(a) monitor the general working of the school;
(b) ensure that the prescribed norms and standards are observed;
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(c) ensure that the education policy of the appropriate Government is
implemented;
(d) prepare and recommend the annual development plan;
(e) monitor the utilization of the aids and grants received from the appropriate
Government or any other source; and
(f) perform such other functions as may be prescribed or entrusted to it by the
appropriate Government.
(3) The School Management Committee shall also ensure that every child required to attend a
school under this Act attends a school and for this purpose, it shall take all steps as maybe considered
necessary or as may be prescribed by Government.
(4) Where a School Management Committee is satisfied that a parent who is required under
this Act to cause a child to attend a school has failed to do so, the School Management Committee,
after giving the parent an opportunity of being heard and after such enquiries as it considers
necessary, may puss 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.
(5) Any parent who fails to comply with an order issued under sub-section (4) of this section,
shall on conviction be punishable with fine which may extend to five thousand rupees and with
further fine which may extend to five hundred rupees for every day after the conviction for which the
failure continues or with imprisonment which may extend to three month or with both.
(6) Any employer of a child, who is required under this Act to attend a School, after receiving
due warning from the School Management Committee, continues to employ a child, whether on
remuneration or otherwise, shall on conviction, be punishable with fine which may extend to fifty
thousand rupees or with imprisonment which may extend to six month or with both and with a
further fine which may extend to one thousand rupees for every day after the conviction for which
the non-attendance at a school continues.
17. Terms and conditions of service of teachers.—(1) No person shall be appointed as a
teacher unless he possesses the prescribed qualifications.
(2) Where the persons having the prescribed qualifications are not available, the appropriate
Government may, by notification, relax the prescribed qualifications, for a period not exceeding two
years:
Provided that a teacher, who at the commencement of this Act does not possess the
prescribed qualifications, shall acquire such qualifications within a period of two years.
18. Duties of teachers.—(1) A teacher shall perform the following duties, namely:—
(a) maintain regularity and punctuality in attending the school;
(b) complete the curriculum and syllabi within the specified time;
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(c) assess the learning abilities of every child and supplement additional
instructions, if any, as required;
(d) all round development of the child;
(e) building up child's knowledge, potentiality and talent;
(f) adopt learning through activities, discovery and exploration in a child friendly
and child-centered manner;
(g) make the child free of fear, trauma and anxiety and help the child to express
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.
(2) A teacher committing default in performance of duties specified in sub-section (1), shall
be liable to disciplinary action under the applicable service laws.
19. Other teachers related matters.—(1) The appropriate Government shall ensure that the
prescribed pupil-teacher ratio, is maintained in each school within one year from the date of
commencement of this Act.
(2) The appointing Government shall ensure that vacancies of teachers in a school shall not
exceed ten per cent of the total sanctioned strength and such vacancy shall be filled within four
months.
(3) No teacher shall be deployed for any non-educational purposes other than the population
census, disaster relief duties or duties relating to elections.
(4) Every child completing his education shall be awarded a proper certificate, in such form
and in such manner, as may be prescribed.
(5) The grievances, if any, of a teacher shall immediately be redressed in such manner as may
be prescribed.
20. Monitoring of child's right to education.—(1) The appropriate Government, shall, in
addition to the functions assigned to them under this Act, also perform the following functions,
namely:-
(a) take all necessary measures for the effective implementation of the child rights
under this Act; and
(b) inquire into complaints relating to child's right and take appropriate action.
(2) Any person having any grievance relating to the rights of a child under this Act may make
a written complaint to the appropriate Government.
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(3) After receiving the complaint under sub-section (2), the appropriate Government shall
decide the matter within the period of one month after affording a reasonable opportunity of being
heart to the parties concerned.
21. Medical and dental inspection of children.—(1) Every school shall, so far as it is
reasonable and practicable so to do, provide for the medical and dental inspection, at appropriate
intervals, of the students.
(2) The school may require the parent of a student to cause the student to undergo medical or
dental inspection in accordance with arrangements made by the school authorities, or by a registered
medical or dental practitioner, and a person who fails without reasonable excuse to comply with the
requirement shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding
five thousand rupees.
22. Education Advisory Council.—(1) The appropriate Governments shall constitute an
Education Advisory Council consisting of such number of members, not exceeding nine, to be
appointed from amongst persons having knowledge and practical experience in the field of the
education, child rights and child development to advise the appropriate Governments on
implementation of the provisions of this Act in an effective manner.
(2) The Education Advisory Council shall also ensure that every child required to attend a
school under this Act attends a school and for this purpose it shall take all steps as may be considered
necessary or as may be specified by Government.
(3) The terms and conditions of the appointment of members of the Education Advisory
Council shall be such as may be prescribed.
23. Awards.—(1) The teachers, educational administrators, educational researchers,
individuals and organizations who meet the set criteria may be awarded the prescribed awards.
(2) The students with excellent achievements in learning and training may be awarded the
prescribed awards.
24. No Advertisement without Registration.—(1) No person shall promote an educational
institution, whether by advertisement, prospectus, brochure or otherwise, unless the educational
institution has been registered or a provisional certificate of registration has been issued.
(2) A person who contravenes sub-section (1) shall be guilty of an offence and shall, on
conviction, be liable to a fine not exceeding one hundred thousand rupees or to imprisonment for a
term not exceeding one year or to both.
25.Inspections and directions.—(1) The appropriate Government shall, from time to time,
inspect or cause to be inspected a registered educational institution for the purpose of ascertaining
that this Act and the rules made under this Act have been and are being complied with.
(2) The appropriate Government may issue such guidelines and give such directions as it
deems fit for the proper implementation of the provisions of this Act.
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(3) Every school shall provide such information as may be required by the appropriate
Government.
26. Prosecution of the offences.—(1) No prosecution for offences punishable under this Act
shall be instituted except upon a complaint with the previous sanction of the appropriate
Government.
(2) All the offences under this Act are bailable and compoundable.
(3) The authorized officer in a ease where he deems it fit and proper so to do, may compound
any offence committed by a person which is punishable under this Act on payment, within such time
as may be specified in the order, of such sum of money, as may be so specified, which shall not
exceed fifty per centum of the amount of the maximum fine to which the person would have been
liable if he had been convicted of the offence.
27. Protection of action taken in good faith.—No suit or other legal proceeding shall lie
against the appropriate Government, the School Management Committee or any other person, in
respect of anything which is in good faith done, in pursuance of this Act, or any rules or order made
there under.
28. Repeal.—The Islamabad Capital Territory Compulsory Primary Education Ordinance,
2002 (XIV of 2002) shall stand repealed:
Provided that such repeal shall not affect the previous operations of the law under repeal or
order passed or anything duly done or suffered there under.
29. Powers to make rules.—(1) The appropriate Government may, by notification, make
rules, for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for
all or any of the following matters, namely:⸺
(a) the area or limits for establishment of a neighbourhood school;
(b) the manner of maintenance of records of children:
(c) determining the age of child;
(d) the extended period for admission and the manner of completing study if
admitted after the extended period;
(e) the manner of giving special training and the time-limit thereof;
(f) the authority, the form and manner of making application for Certificate of
Registration;
(g) the form, the period, the manner and the conditions for issuing Certificate of
Registration;
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(h) the manner of giving opportunity of hearing under this Act;
(i) the functions of School Management Committees;
(j) school annual development plan;
(k) the salary and allowances payable to, and the terms and conditions of service
of teachers;
(l) the duties to be performed by the teachers;
(m) the manner of redressing grievances of teachers, students or any other person;
(n) the form and manner of awarding certificate for completion of the education;
and
(o) the allowances and other terms and conditions of appointment of members of
the relevant Education Advisory Council.
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