NORTH‑WEST FRONTIER PROVINCE COMPULSORY PRIMARY EDUCATION ACT, 1996
An Act to provide for compulsory primary education in the Province of ‑the North‑West Frontier
[Gazette of‑N.‑W. F. P., Extraordinary, 16th October, 1996]
NO.PA/NWFP/Legis/96/17141, dated 16‑10‑1996.‑‑North‑West Frontier Province Compulsory Primary Education Bill, 1996, having been passed by the Provincial Assembly of the North‑West Frontier Province on the 30th September, 1996 and assented to by the Governor of the North‑West Frontier Province on the 14th October, 1996 is hereby published as an Act of the Provincial Legislature of North‑West Frontier Province.
**Preamble.‑‑**Whereas it is expedient to provide for compulsory primary education in the Province of the North‑West Frontier.
It is hereby enacted as follows:
1. Short title, extent and commencement.‑‑(1) This Act may be called the North‑West Frontier Province Compulsory Primary Education Act, 1996.
(2) It shall extend to the whole of the North‑West Frontier Province.
(3) It shall come into force at once.
**2. Definitions.‑‑**In this Act, unless the context otherwise requires,‑‑
(a) "child" means a child of either sex whose age at the beginning of the school year is not less than five years and not more than ten years;
(b) "parent" includes guardian or any other person who has the custody of a child;
(c) "primary education" means education up to class V in a school; and
(d) "primary school" means a school in which primary education is imparted.
3. Compulsory primary education.‑‑The parent of a child shall, except in the case of reasonable excuse, cause a child to attend a primary school until the child has completed the primary education course.
4. Reasonable excuse for non‑attendance.‑‑Reasonable excuse for the purpose of section 3 shall include any of the following cases:‑‑
(a) where a school attendance authority constituted under section 5 is satisfied that the child is incapable of attending school by reason of sickness or that by reason of the child's mental incapacity, it is not desirable that the child should be compelled to carry on his study;
(b) where the child is receiving otherwise than in school, instruction which in the opinion of the prescribed authority is sufficient; or
(c) where their is no school within a distance of two kilometres radius according to the nearest route from the residence of the child.
5. School attendance authority.‑‑(1) Government may constitute one or more school attendance authorities for the purpose of this Act. Where more than one such authority is constituted, Government shall also specify the area of jurisdiction of each such authority.
(2) A school attendance authority shall ensure that every child required to attend a school under this Act attends the school and for this purpose it shall take such steps as may be considered necessary or as may be specified by Government.
(3) Where a school attendance authority 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 authority, after giving the parent an opportunity of being heard and after such enquires as it considers necessary, may pass 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.
6. Offence.‑‑(1) Any parent who fails to comply with an order issued under subsection (3) of section 5 shall, on conviction before a Magistrate, be punishable with fine which may extend to twenty rupees for every day after the conviction for which the failure continues or with imprisonment which may extend to one week or with both.
(2) Any employer of a child who, after receiving warning from the school attendance authority continues to employ a child whether on remuneration or otherwise, shall, on conviction before a Magistrate, be punishable with fine which may extend to five hundred rupees and with a further fine which may extend to fifty rupees for every day after the conviction, if the child continues to be in his employment, or with imprisonment which may extend to one month or with both.
(3) No Court shall take cognizance of an offence under this Act, except on a complaint in writing made by the school attendance authority having jurisdiction in the area.
7. Power to make rules.‑‑Government may make rules for the purposes of carrying into effect the provisions of this Act.
8. Repeal.‑‑The West Pakistan Primary Education Ordinance, 1962 (W.P. Ordinance XXIX of 1962), is hereby repealed.