Last Change:

04/22/2025

The Sindh Right of Children to Free and Compulsory Education Act, 2013

Year: 2013

Type: Domestic law

Rights Category: Education

Description

An Act to provide for free and compulsory education to all children of the age of five to sixteen years.  

Selected provisions
Section 3 - Right of Child to Free and Compulsory Education

(1) Every child of the age of five to sixteen years regardless to sex and race shall have a fundamental right to free and compulsory education in a school.
(2) No child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing the school education.
(3) Privately owned or managed schools shall also provide free education to such students of the age of five to sixteen years atleast ten percent of their actual strength of students.

Section 12 - Determination of age of a child.

For the purposes of admission to a school, the age of a child shall be determined on the basis of the birth certificate issued as may be prescribed:
Provided that no child shall be denied admission in a school for lack of proof of age.

Section 11 - No capitation fee and screening procedure.

(1) No school or person shall, while admitting a child, collect any capitation fee and subject the child or his or her parents to any screening procedure other than academic merit.
(2) Any school or person, if in contravention of the provisions of subsection (1)
(a) receives capitation fee, shall be punishable with fine which may extend to twenty times the capitation fee charged for the first contravention and fifty thousand rupees for each subsequent contravention; in default of fine by the owner of the school or his authorized representative shall undergo imprisonment for one month and two months respectively;
(b) subject a child or parent or guardian to screening procedure, shall be punishable with fine which may extend to fifty thousand rupees for the first contravention and one hundred thousand rupees for each subsequent contravention; in default of payment of fine by the owner of the school or his authorized representative shall undergo imprisonment upto three months.

Section 2f - Definitions.

“free education” means education free of any education related costs including expenditure on text books, stationary, schoolbags, and uniform;

Section 4 - Special Provisions for Education.

Where a child above five years of age has not been admitted in any school or, though admitted, could not complete his or her secondary education, then, he or she shall be admitted in a class appropriate to his or her age;
Provided that where a child is directly admitted in a class appropriate to his or her age, then, he or she shall, in order to be at par with others, have a right to receive special training, in such manner, and within such time limits, as may be prescribed;
Provided further that a child so admitted to secondary education shall be entitled to free education till completion of secondary education even after sixteen years.

Section 2(o) - Definitions.

“special education” means educational programmes and practices designed for students, as handicapped or gifted students, whose mental ability, physical ability, emotional functioning, require special teaching approaches, equipment, or care within or outside a regular class room;

Section 13 - Admission and expulsion of a child at school.

(1) A child shall be admitted in school at the commencement of every academic year or within such extended period as may be prescribed.
Provided that no child shall be denied admission if such admission is sought subsequent to the extended period:
Provided further that any child admitted after the extended period shall complete his studies in such manner as may be prescribed.
(2) No child admitted in a school shall be expelled from school till the completion of the prescribed education.
(3) No child shall be subjected to corporal punishment or mental harassment.
(4) Whoever contravenes the provisions of this section shall be liable to disciplinary action under the service rules.

Section 21 - Implementation and monitoring of child's rights.

(1) Government shall, in addition to the functions assigned to it 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 Government.
(3) After receiving the complaint under sub-section (2), Government shall decide the matter within the period of one month after affording a reasonable opportunity of being heard to the parties concerned.