THE WORKERS' CHILDREN (EDUCATION) ORDINANCE, 1972 (XI OF 1972)

Similar documents
THE MINIMUM WAGES ORDINANCE, 1961 (XXXIX OF 1961) CONTENTS

THE WEST PAKISTAN MATERNITY BENEFIT ORDINANCE, (W.P. Ordinance XXXII of 1958) C O N T E N T S

THE DISABLED PERSONS (EMPLOYMENT AND REHABILITATION) ORDINANCE, 1981 (XL OF 1981)

THE [PUNJAB] TRIBUNALS OF INQUIRY ORDINANCE, 1969

THE PAYMENT OF WAGES ACT, 1936 (IV OF 1936)

THE PROTECTION OF BREAST-FEEDING AND CHILD NUTRITION ORDINANCE, 2002 (XCIII OF 2002)

THE KERALA INDUSTRIAL ESTABKISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS) ACT; 1958 [1] Act 47 Of 1958

CONTENTS. Industrial Employment (Standing Orders) Act, Preamble

Ministry of Law, Justice and Parliamentary Affairs, Bangladesh.

THE PUNJAB LABOUR WELFARE FUND ACT, (as amended upto April, 2007) Arrangement of Sections

THE PUNJAB CIVIL SERVANTS ACT, 1974 (VIII OF 1974)

THE PAYMENT OF WAGES ACT, An Act to regulate the payment of wages to certain classes of persons employed in industry.

THE FEDERAL INVESTIGATION AGENCY ACT, Act No. VIII of 1975

The sugarcane Act, 1934

THE PUNJAB NATIONAL CALAMITIES (PREVENTION AND RELIEF) ACT, 1958

The Balochistan Gazette

THE PUNJAB CIVIL SERVANTS ACT, 1974

(Sindh Ordinance No. II of 2002)

THE PUNJAB LABOUR WELFARE FUND ACT, 1965 ( ) (Punjab Act No. 17 of 195)

FEDERAL INVESTIGATION AGENCY ACT, 1974 (VIII OF 1975)

THE ANDHRA PRADESH FACTORIES AND ESTABLISHMENTS (NATIONAL, FESTIVAL AND OTHER HOLIDAYS) ACT,1974. ACT No.32 of 1974 (As amended by Act 21 of 1980)

Disabled Persons' (Employment and Rehabilitation) Ordinance, 1981

PROVINCIAL ASSEMBLY O F SINDH NOTIFICATION KARACHI, THE 18 TH MARCH, 2015

THE LAND ACQUISITION (MINES) ACT, (Act XVIII of 1885) C O N T E N T S

II.-MANUFACTURE, CONVERSION AND

THE PUNJAB PROHIBITION OF CHILD LABOUR AT BRICK KILNS ORDINANCE 2016 (V OF 2016) CONTENTS

Government of Pakistan Ministry of Law, Justice, Human Rights and Parliamentary Affairs (Law, Justice and Human Rights Division)

THE PUNJAB CIVIL SERVANTS ACT, 1974 (VIII of 1974)

THE LEVY SUGAR PRICE EQUALISATION FUND ACT 1976 [ACT No. 31 OF 1976]

FEDERAL INVESTIGATION AGENCY

THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946, ACT NO. 20 OF * [23rd April, 1946.]

THE SINDH CIVIL SERVANTS ACT, 1973

GOVERNMENT OF KHYBER PAKHTUNKHWA

THE TRADE UNIONS ACT, 1926

PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 23, 2016 (PASUA 2, 1938 SAKA)

KARNATAKA ACT NO. 31 OF 2003 THE KARNATAKA MUNICIPALITIES (AMENDMENT) ACT, Arrangement of Sections

THE PAYMENT OF GRATUITY ACT, 1972 ARRANGEMENT OF SECTIONS

1 of 12 6/2/2011 3:56 PM

APPRENTICES ACT, 1961

The Conduct Of General Elections Order, 2002 (Chief Executive's Order No.7 of 2002)

THE PUNJAB LAND UTILIZATION AUTHORITY ORDINANCE, 1981

FEDERAL INVESTIGATION AGENCY ACT, (Act No. VIII OF 1975) An Act to provide for the constitution of a Federal Investigation Agency

THE PUNJAB SHOPS AND ESTABLISHMENTS ORDINANCE, 1969 (VIII OF 1969)

THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, (No. 30 of 1979)

THE KARNATAKA MINISTERS SALARIES AND ALLOWANCES ACT, 1956.

THE PAYMENT OF BONUS (AMENDMENT) BILL, 2007

CHAPTER I PRELIMINARY. 1. Short title, extent, commencement and application. 2. Definitions. CHAPTER II THE ADVISORY BOARDS

KARNATAKA ORDINANCE NO. 3 OF 2003 THE KARNATAKA MUNICIPALITIES (AMENDMENT) ORDINANCE, Arrangement of Sections. 1. Short title and commencement

THE PUNJAB CONSUMER PROTECTION ACT 2005 (Pb. Act II of 2005) C O N T E N T S

:.) qe~{!)a«~n. 6 d EXTRAORDINARY PUBLISHED BY AUTHORITY ISLAMABAD, WEDNESDAY, DECEMBER 31, 2003 PART I SENATE SECRETARIAT

The Kerala Industrial Employees Payment of Gratuity Act, 1970

THE CRIMINAL LAW (SPECIAL PROVISIONS) ORDINANCE, 1968

THE JAMMU AND KASHMIR (EXTENSION OF LAWS) ACT, 1956 ACT NO. 62 OF 1956

Engineering Council of Namibia

THE ARBITRATION ACT, An Act to consolidate and amend the law relating to Arbitration.

THE NEWSPAPER EMPLOYEES (CONDITIONS OF SERVICE) ACT,

EQUAL REMUNERATION ACT, 1976 CHAPTER I PRELIMINARY CHAPTER II PAYMENT OF REMUNERATION OF EQUAL RATES TO MEN AND WOMEN WORKERS AND OTHER MATTERS

THE PAYMENT OF GRATUITY ACT, 1972

2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or context,-

THE REGISTRATION ACT, 1908 (ACT NO. XVI OF 19O8) For Proceedings in Council, see Gazette of India, 1908, Part VI, pages 148, 154 and 182.

An Act further to amend the Industrial Employment (Standing Orders) Act, 1946 in its application to the State of Tamil Nadu.

THE HIGH COURT AND THE SUPREME COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE) AMENDMENT BILL, 2015

APPLICABILITY TO SOUTH WEST AFRICA:

BALOCHISTAN PROVINCIAL ASSEMBLY SECRETARIAT THE BALOCHISTAN BOILERS AND PRESSURE VESSELS ACT, 2015 (ACT NO. XVI OF 2015)

ORDINANCE NO. IV OF 2012

THE WORKMEN S COMPENSATION (AMENDMENT) BILL, 2009

THE ADMINISTRATIVE TRIBUNALS ACT, 1980

THE PUNJAB MUNICIPAL CORPORATION LAW (EXTENSION TO CHANDIGARH) ACT, 1994 ARRANGEMENT OF SECTIONS

THE WEST PAKISTAN MAINTENANCE OF PUBLIC ORDER ORDINANCE, 1960.

[1] 1 of 5 6/3/2011 1:51 PM

THE PAKISTAN WATER AND POWER DEVELOPMENT AUTHORITY ACT, 1958

THE INDUSTRIAL AND COMMERCIAL EMPLOYMENT (STANDING ORDERS) ORDINANCE, 1968 (VI OF 1968)

PART I GOVERNMENT OF PUNJAB

The General Clauses Act, (Act no. 10 of 1897) CONTENTS

Pakistan Anti-Terrorism (Amendment) Ordinance, 1999 Whereas it is expedient to amend the Anti-terrorism Act, (XXVII of 1997), for the purposes

TAMIL NADU PUBLIC LIBRARIES ACT, 1948

THE MATERNITY BENEFIT ACT, 1961 ARRANGEMENT OF SECTIONS

AZAD JAMMU AND KASHMIR CIVIL SERVANTS ACT, 1976 (ACT VI OF 1976)

THE KARNATAKA PAYMENT OF SUBSISTENCE ALLOWANCE ACT, 1988.

ORDINARY Published by Authority

Ministry of Law, Justice and Parliamentary Affairs, Bangladesh.

27. Ins. by Act 27 of Ins. by Act 27 0f Ins. by Act 41 of 1986 (w.e.f ) 30. Subs. by Act 27 of 1973.

COMMODITIES TRANSACTION TAX

THE GENERAL CLAUSES ACT, 1897

THE KARNATAKA EDUCATIONAL INSTITUTIONS (PROHIBITION OF CAPITATION FEE) ACT, 1984

THE PUNJAB INDUSTRIAL ESTABLISHMENT (NATIONAL AND FESTIVAL HOLIDAYS AND CASUAL AND SICK LEAVE) ACT, 1965 ( )

THE BANGALORE CITY CIVIL COURT ACT, 1979 CHAPTER I CHAPTER II

AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action;

Pakistan Engineering Council Act, 1975.

THE KERALA TOLLS ACT, 1976 ACT 6 OF Amended by Acts 34 of 1986, 5 of 1990 and 4 of 2004.

MINIMUM WAGES ACT, 1948

PHARMACY ACT PHARMACY ACT 1967 (XI OF

(XI OF 1967) An act to establish Pharmacy Councils to regulate the practice of Pharmacy.

GOVERNMENT OF PAAKISTAN LAW, JUSTICE AND HUMAN RIGHTS DIVISION *** F. No. 2(1)/2005-Pub Islamabad, the 4 th December 2005

THE APPRENTICES ACT, 1961

THE PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND ACCOUNTABILITY ACT 2006 (XII OF 2006)

THE COAL BEARING AREAS (ACQUISITION AND DEVELOPMENT) ACT, 1957 ARRANGEMENT OF SECTIONS

The Kerala Civil Courts Act, Amendments appended: 12 of 1959, 22 of 1973, 33 of 1986, 7 of 1990, 6 of 1996

THE PUNJAB LIVESTOCK, DAIRY AND POULTRY DEVELOPMENT BOARD ACT, 1974

CHAPTER I INTRODUCTORY

Transcription:

THE WORKERS' CHILDREN (EDUCATION) ORDINANCE, 1972 (XI OF 1972) CONTENTS 1. Short title, extent and commencement 2. Definitions. 3. Levy of Education Cess 4. Education of workers' children 5. Manner of levying cess 5A. Collection and Administration of cess 6. Power to make rules

TEXT 1 THE WORKERS' CHILDREN (EDUCATION) ORDINANCE, 1972 (XI of 1972) [13 th April, 1972] An Ordinance to provide for the education of workers' children and matters ancillary thereto Preamble. WHEREAS it is expedient to provide for the education of workers' children and for matters ancillary thereto; AND WHEREAS the national interest of Pakistan in relation to the economic and financial stability of Pakistan and the achievement of uniformity requires 2 [Federal] legislation in the matter; NOW, THEREFORE, in pursuance of the Proclamation of the 25th day of March, 1969, read with the Proclamation of the 20th day of December, 1971, and the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance: 1. Short title, extent and commencement. (1) This Ordinance may be called the Workers' Children (Education) Ordinance, 1972. (2) It extends to the whole of 3 [the Punjab]. (3) It shall come into force at once. 2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or context, (a) "employer", in relation to an establishment, means the person who has ultimate control over the affairs of the establishment; 1 Pursuant to the Proclamation of the 25th day of March, 1969, read with the Proclamation of the 20th day of December, 1971, and the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the President of Pakistan promulgated this Ordinance which was published in the Gazette of Pakistan dated 13 April 1972, pages 522-523. The Ordinance was applied to the Provincially Administered Tribal Areas or to the parts of those areas to which it did not already apply, see Regulation No.I of 1972, s. 2 and Sch. This Ordinance was originally in the Federal ambit, however, the subject on which this law was enacted, devolved to the provinces by virtue of 18 th Amendment in the Constitution, hence it was adapted, with amendments, for the province of the Punjab by the Punjab Workers Children (Education) (Amendment) Act 2012 (XXIII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40167-40168. 2 Substituted for the word Central by the Federal Adaptation of Laws Order, 1975 (P.O.4 of 1975); and published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-467, see s.2 (3) and Table of General Adaptations. 3 Substituted for the word Pakistan by the Punjab Workers Children (Education) (Amendment) Act 2012 (Act XXIII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40167-40168, s.2.

4 [(b) "establishment" means any office, firm, industrial unit, undertaking, shop or premises in which workers are employed for the purpose of carrying on any business, trade, manufacture, calling, service, employment or occupation;] 5 [(bb) Government means Government of the Punjab;] (c) "worker means 6 [a worker as defined in section 2 of the Punjab Industrial Relations Act 2010 (XIX of 2010)], but does not include (i) (ii) (iii) Persons in the service of the State including members of the Armed Forces, Police Force, Railway servants; Persons employed in any undertaking under the control of any Defence organisation or Railway administration; persons in the service of a local council, a municipal committee, a cantonment board or any other local authority 7 [:] 8 [Provided that a worker shall not cease to be a worker for the reason that 9 [****] the number of persons employed in the establishment, at any time is reduced to less than ten.] 10 [3. Levy of education cess. (1) Every employer of an establishment in which the number of workers employed at any time during a year is 11 [ten] or more shall pay to the 12 [****] Government an education cess at the rate of one hundred rupees per worker per annum. 13 (2) Every employer shall, within every three months beginning from the first day of the calendar month following the 14 commencement of the Workers' 4 CIause (b) substituted for the original by the Workers Children (Education) (Amendment) Act,1973 (XXIV of 1973); and published in the Punjab Gazette (Extraordinary), Part I, dated 9.2.1973, s.2 5 Inserted by the Punjab Workers Children (Education) (Amendment) Act 2012 (Act XXIII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40167-40168, s.3. 6 Substituted for the words any person employed, whether directly or through any other person, in any establishment to do any skilled or unskilled, manual or clerical work for hire or reward whose monthly wages do not exceed three thousand rupees by the Punjab Workers Children (Education) (Amendment) Act 2012 (Act XXIII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40167-40168, s.3. 7 At the end of section 2, in clause (c )(iii), a colon is substituted for full stop by the Labour Laws (Amendment) Act, 1994 (XI of 1994); and published in the Gazette of Pakistan (Extraordinary), Pt. 1, dated 29.6.1994, pages, 224-235, see s.7 (1)(a)(ii). 8 Proviso added by the Labour Laws (Amendment) Act, 1994 (XI of 1994); and published in the Gazette of Pakistan (Extraordinary), Pt. 1, dated 29.6.1994, pages, 224-235, see s.7 (1)(a)(ii). 9 Omitted the words his monthly wages exceed three thousand rupees or by the Punjab Workers Children (Education) (Amendment) Act 2012 (Act XXIII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40167-40168, s.5. 10 Section 3, 4 & 5 substituted for the original sections 3, 4 & 5 by the Workers Children (Education) (Amendment) Act,1973 (XXIV of 11 Substituted for "twenty" by the Labour Laws (Amendment) Act, 1985 (XVI of 1985); and published in the Punjab Gazette (Extraordinary), date 27.7.1985, see s.2 and Schedule. 12 Omitted the word Provincial by the Punjab Workers Children (Education) (Amendment) Act 2012 (Act XXIII of 2012); and 13 Non-payment of cess attracts the provisions of Sind Tax Evasion (Punishment) Act, 1974, which was amended by Sind Act, XI of 1976 to provide penalty for such non payment in the Province of Sind. Sind Govt Gaz. Extr' 15 July, 1976, Pt. IV. p. 127 14 Viz. February 9, 1973.

Children (Amendment) Act, 1973, prepare and deliver, or cause to be prepared and delivered, in the form and to the officer prescribed by the 15 [****] Government, a return showing the number of workers employed in the establishment during the preceding quarter and shall subscribe a declaration of the truth of the return at the foot thereof. (3) The levy of education cess shall be on the basis of the number of workers shown in the return referred to in sub-section (2). 16 [4. Education of Workers' Children. The 17 [****] Government shall provide education free of cost up to 18 [any level of education to two children] of every worker employed in an establishment referred to in section 3. Explanation.--'Education free of cost' includes provision of text books free of cost and exemption from admission fee, tuition fee, examination fee and school fund. 19 [5. Manner of levying cess. The cess described in section 3 shall be levied so far as may be, in the same manner, and under the same provisions of law, as the land revenue 20 [:] 21 [Provided that the amount of the cess shall be held in a separate account and shall be expended only for the purposes of this Ordinance.] 22 [5-A.Collection and administration of cess. The collection of cess referred to in section 3 and its administration may be entrusted to the Social Security Institution or to such other agency as the 23 [****] Government may nominate.] 24 [6. Power to make rules. The 25 [****] Government may, by notification in 15 Omitted the word Provincial by the Punjab Workers Children (Education) (Amendment) Act 2012 (Act XXIII of 2012); and 16 Section 3, 4 & 5 substituted for the original sections 3, 4 & 5 by the Workers Children (Education) (Amendment) Act,1973 (XXIV of 17 Omitted the word Provincial by the Punjab Workers Children (Education) (Amendment) Act 2012 (Act XXIII of 2012); and 18 Substituted in section 4, for the words Matric and thereafter in a Poly-technic or vocational training institute to one child by the Labour laws (Amendment) Act, 1994 (XI of 1994); and published in the Gazette of Pakistan (Extraordinary), Pt. 1, dated 29.6.1994, pages, 224-235, see s.7 (2). Previously the words and thereafter in a Poly-technic or vocational training institute was inserted by the Labour Laws (Amendment) Act, 1985 (XVI of 1985); and published in the Punjab Gazette (Extraordinary), date 27.7.1985, see s.2 and Schedule. 19 Section 3, 4 & 5 substituted for the original sections 3, 4 & 5 by the Workers Children (Education) (Amendment) Act,1973 (XXIV of 20 Substituted for the full-stop, by the Labour (Laws) (Amendment) Act, 1975 (XI of 1975); and published in the Gazette of Pakistan (Extraordinary), Part I, dated 25.1.1975, s.2 and Schedule, at serial No.5. 21 Proviso added ibid. 22 New section 5A inserted by the Labour laws (Amendment) Act, 1994 (XI of 1994); and published in the Gazette of Pakistan (Extraordinary), Part 1, dated 29.6.1994, pages, 224-235, see s.7 (3). 23 Omitted the words Provincial by the Punjab Workers Children (Education) (Amendment) Act 2012 (Act XXIII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40167-40168, s.5. 24 Added by the Workers Children (Education) (Amendment) Act,1973 (XXIV of 1973); and published in the Punjab Gazette (Extraordinary), Part I, dated 9.2.1973, s.3 25 Omitted the word Provincial by the Punjab Workers Children (Education) (Amendment) Act 2012 (Act XXIII of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40167-40168, s.5.

the Official Gazette, make rules for carrying out the purposes of this Act.]