Ordinance No. XI of 1972

13th April, 1972

An Ordinance to provide for the education of workers children and matters ancillary thereto.

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 Central 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 :—

l.— Short title, extent and commencement. Short title (l) This Ordinance may be called the Workers Chil­dren (Education) Ordinance, 1972.

(2) It extends to the whole of Pakistan.

(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 ;

(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 ;

(c) “ worker” means 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 one thousand rupees, but does not include—

(i) Persons in the service of the State including members of the Armed Forces, Police Force and Railway servants ;

(ii) Persons employed in any undertaking under the control of any Defence organisation or Railway administration ;

(iii) persons in the service of a local council, a muni­cipal committee, a cantonment board or any other local authority.

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 twenty or more shall pay to the Provincial Government an education cess at the rate of one hundred rupees per worker per annum.

(2) Every employer shall, within every three months beginning from the first day of the calendar month following the commencement of the Workers Children (Amendment) Act, 1973, prepare and deliver, or cause to be prepared and delivered, in the form and to the officer prescribed by the Provincial Government, a return showing the number of workers employed in ihe 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 sub­section (2).

4. Education of workers children. The Provincial Government shall provide education free of cost up to Matric to one child 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.

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.

Provided that the amount of the cess shall be held in a separate account and shall be expended only for the purposes of that Ordinance;

6. Power to make rules. The Provincial Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

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