(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Provided that registration shall not be so withdrawn without giving a reasonable opportunity of being heard to such school: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(4)     Any person who continues to run a school after the registration is withdrawn, shall be liable to fine which may extend to two hundred housand rupees and in case of continuing contraventions, to a fine of twenty five thousand rupees for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;

(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;

(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.

(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.

(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;

(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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