Qanoon

Browse/General Laws

Right to Free and Compulsory Education Act, 2012

Act· 2012· 13 pages
Ask about this law

Summary

The Right to Free and Compulsory Education Act, 2012 guarantees free and compulsory education to every child aged five to sixteen within the Islamabad Capital Territory (Sections 1(2) and 3). Section 3 makes it the government's obligation to ensure every child is admitted to and completes education at a neighbourhood school, that migrant children are enrolled, that travel to and from school is safe, and that disadvantaged children are not discriminated against.

Section 2 defines key terms: a "capitation fee" is any payment collected beyond the officially notified fee; "free education" covers not just tuition but also stationery, school bags, and transport costs; and "School" covers government-run schools, aided schools, and unaided private schools alike. Section 6 requires the government to establish a school within three years of the Act taking effect and to set up grants-in-aid to support poor students' school attendance.

Sections 10 to 16 regulate how schools must operate. Private schools that receive government aid must provide free places in proportion to the aid they receive, while fully private (unaided) schools must reserve at least ten percent of seats in every class for disadvantaged children (Section 10). Schools cannot charge a capitation fee or use a screening procedure to select students for admission (Section 11), cannot deny admission for lack of an age-proof document (Section 12), and cannot expel an enrolled child before they finish their education or subject them to corporal punishment (Section 13). Every school (other than a government school) must obtain a registration certificate (Section 14) and meet prescribed norms and standards (Section 15), and must set up a School Management Committee that is at least two-thirds parents and at least one-third women (Section 16).

Sections 17-19 address teachers: only appropriately qualified persons may be appointed (Section 17, with a limited window to relax qualifications), teachers have specific duties such as punctuality, completing the curriculum, and child-friendly teaching methods (Section 18), and the government must maintain a proper pupil-teacher ratio and fill any teacher vacancies - capped at ten percent of sanctioned posts - within four months (Section 19).

The Act sets out concrete penalties for violations. Charging a capitation fee can draw a fine of up to twenty times the fee charged for a first offence, and up to Rs 50,000-100,000 for repeat offences (Section 11); running a school without registration, or continuing after deregistration, can draw a fine of up to Rs 200,000 plus Rs 25,000 for each day the violation continues (Sections 14-15); a parent who ignores a School Management Committee order to send their child to school can face a fine of up to Rs 5,000 plus Rs 500 per day, or up to three months' imprisonment (Section 16); an employer who keeps employing a school-age child after being warned faces a fine up to Rs 50,000 or six months' imprisonment (or both), plus Rs 1,000 per day of continued violation (Section 16); refusing a required medical or dental inspection can draw a fine of up to Rs 5,000 (Section 21); and advertising an unregistered educational institution can draw a fine of up to Rs 100,000 or up to a year's imprisonment, or both (Section 24). All offences under the Act are bailable and compoundable (Section 26).

Section 28 repeals the earlier Islamabad Capital Territory Compulsory Primary Education Ordinance, 2002. This is a relatively recent statute (2012) and the extract appears to be the complete text, though as with any law it is worth checking for amendments made after 2012.

Key topics

right to educationfree and compulsory schoolingschool registration and standardscapitation fee and admission rulesteacher qualifications

Questions people ask