National Commission on the Status of Women Bill, 2012 (Act No. VIII of 2012)

1. Short title, ex.tent and commencement.-(1) This Act may be called the National Commission on the Status of Women Bill, 2012. (2) It extends to the whole of Pakistan. (3) It shall come into force a& once.

2. Definitions.-In this Act , unless there is anything repugnant in the subject or context,- (a) "Chairperson" means the ~hairperson of lhe Commission as appointed under section 4, and includes acting chairperson appointed under section 7; (b) "Commission" means the National Commission on the status of Women established under section 3; (c) "girl" means a female human being under the age of eighteen years; (d) "Member'' me<111s the Member of the Commission; (e) "prescribed" means prescribed by rules made under this Act; (f) "Secretary" means the Secretary of the Commission appointed under section 9; and (g) " women" means a female human being of eighteen years or above. CHAPTER-11 ESTABLISHMENT OF THE COMMISSION . 3. Establishment of the Commission.-(1) The Federal Government shall constitute a Commission to be known as the National Commission on the Status of Women (NCSW), to exercise the powers coriferred upon, and to perform the functions assigned to it; under this Act. (2) The Commission shall consist of,-- (a) _,i Chairperson, who shall be a woman with experience of working on issues related to women's rights for more than fifteen years, and is committed to the cause of women's empowerment; THE GAZETTE OF PAKISTAN. EXTRA., MARCH 10. 2012 147 (b) two members f~om each Prnvince of whom ·at le~t one member shall be' a woman: o_ne ~oman member each fr~ni Fede~~lly Admjpistered Tribal.Areas, AzadJammu and ~hmir, Gilgit-Baltistan, the.Islamabad Capital Tertito~y :and from minorities; • (C) five ex-officio members who.shall be represent~tives of the Ministrie~ of Law, Finance, Foreign Affairs and.Interior and the Ministry concei;ned with.tlie subject of women's rights nofbelow BPS-20, and wtio-shali not have the tight to vote; . , ' (d) Chairperson or a designated member of each Provincial Commission on the-Women's tights, set up under provincial laws; and (e) Secretary.of the Com~ission, who shall not have the right to vote. . ' ' (3) A member appointed under paragraph (b) of sub-section (2), shall not be less 'than thirty. years 6(age, with experience of working on·issues related io 0 women's rights a.no is conunitced to the cause ofwomeri's empowerment. . . •(4) The headquarter of the Commission sh~ll b~·at Islamabad. (5) The Commission shall be a body corporate having perpetual succession ·· and a common seal with powers, among othe-rs to acquire; hold and dispose of any property and shall sue and be sued by the said name.

4. Appointment of Chairperson.-{! ) The Federal Government shall through public notice, invite suggestions for suitable persons for appointment as Chairperson and, after proper scrutiny, shall submit a list of those persons to the Prime Minister and the Leader of the Opposition in the National Assembly. (2) The Prime Ministe.r' shall in -consultati.on with the Leader of the Opposition•in the National Assembly forward three names· for Chairperson to a Pariiamentary Committee for hearing and confirmation of an)'._one person: Provided ·that in .~ase th~e is. no co~sensus_betweer,, th~.Prime Minister and the Leader of the Opposition, each shall forward sep~te list to the Parliamentary Committee. ' · (3) The Parliamentary Commiltee shall be constituted by the Speaker of . the National Ass~mbly' aiid shall compris~ fifty per·cent members from the treasury . benches ·and fifty pe~ cent frllm .the opposition parties, based on their strength in io Majlis-e-Shoora '(Parliament}, 'be nominated .t,y the respective Parliamentary Leaders: Provided that the total sirength of ihe Par)iam~ntary Committee shall not exceed· twelve members out of whfch one-third shall be from !he Senate. (4) The Parliamentary Commiuee shall regufote iis own procedure. 148 THE GAZETTE OF PAKISTAN, EXTRA., MARCH 10, 2012 [PART l (5) The Parliamentary Committee shall forward the name of the nominee confinned by it to the Prime Minister, who shall appoint the Chairperson accordingly. 5, Appointm~nt ofmembers,-(1) The members, including ex-officio members, shall be appointed by the Prime M inistcr from amongst the names recommended under sub-section (2). (2) The Federal Government shall, after consuitacion with relevant stake- holders,-recommend to the Prime Minister three names for each Member who fulfill the qualifications laid down in section 3. · (3) A vacancy of a Member shal 1 be filled as provided in sub-sections ( l ) and (2) within thirty days of the occurrence of the vacancy.

6. -'I'erm of Office of Chairperson and of Members.-()) A person appointed as the Chairperson and Member shall hold office for a term of three years from the date on which he or she enters upon his or her office. The term of the office may be extended only once. (2) The Chairperson or a Member may resign his or her office-in writing under his or.her hand addressed to Prime Minister of the Islamic Republic of Pakistan and on acceptance of such resignation, such vacancy shall be filled within thirty days for the unexpired term of the member.

7. Removal of Chairperson nnd Members.-The Chairperson and Members may be removed from office by the Prime Minister if he or she, as the case may be,- (a) is, after proper inquiry, found guilty of misconduct: Provided that in the case of the Chairperson, such finding shall be submitted to the Parliamentary Committee for confirmation; (b) · is adjudged an insolvent; ( c) is unfiuo continue in office by reason of being mentally or physically challenged and stands so declared by a competent medical authority; and (d) has, on conviction of any offence involving moral turpitude been sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his or her release.

8. Acting Chairperson.-By reason of a vacancy in the office of Chairperson due to death, illne.5s, resignation or otherwise, the Prime Minister shall appoint a woman from amongst the members of the Commission to act as Chairperson for a period of not exceeding thirty days or until the appointment of a new Chairperson, whichever is earlier. l'AR:fij ',fHE GAZETTE OF PAKISTAN, EXTRA., MARCH 10, 2012 149

9. Terms 2nd Conditions as ap1>licable to members.-(!) The traveling and. daily aliowance and other allowances payable to and terms and conditions as applicable to members, other than ex-officio members, shall be such as may be p1·,~scribed. (2) The salary and allowances payable to a nd term$ and conditions applicable to th~ Chairperson, shall be such :is prescribed by the Federal Government. (3) The Chairperson of the Commission shall be full time, shall have the status eq uivalent to a Minister of State of the Federnl Government, T.he executive and financial authority and responsibility of the Commission shall vest in the Chairperson who shall be the overail in-charge of the Commission. (4) A member of the Commission shall have status equivalent to BPS-21 of the Federal Government.

10. Secretariat of the Commission.-( 1) The,·e shall be a Secretariat of the Commission headed by the Secretary with complement of officers and support staff as may be prescribed. (2) The Secretary on the instmctions of the Commission will prepare a draft three year strategic plan, the Annual Work Platt and budget. (3) The Secretary shall be appointed in the manner as may be prescribed. (4) The appoit\tmcnt and terms and conditions of the employees of the Commission shall be such as may be prescribed. CHAPTER-lll FUNCTIONS AND POWERS OF THE COMMISION

11. Functions and Powers of the Commission.- The Commissio!l,- (a) shall examine the policy, programs and other measures taken by the Federal government for gender equality, women's empowerment, political participation, representation, assess implementation and make suitable recommendations to the concerned au_thorities; (b) shall review all Federal laws, rules and regulations affecting the status and rights of women and suggest repeal, amendment ornew legislation essential to eliminate discrimination, safeguard and promote the interest of women and achi.eve gettder equality before law in accordance with the Constitution and obl igations under international covenants and commitments; 150 THE GAZETTE OF PAKISTAN, !EXTRA., MARCH 10, 2012 (c) shall sponsor, steer, encourage research to generate information, analysis and studies and maintain a database relating to women and gender issues to provide knowledge and awareness for national policy and strategic action for women empowerment; (d) shall develop and maintain interaction and dialogue with non• governmental organizations, experts and individuals in society and an active association with similar commissions and institutions in other countries for collaboration and action to achieve gender equality at "the national, regional and international level; (e) mobilize grants from domestic and international, including multi and bilateral agencies, approved by the Federal Government, for meeting any of its obligations or performing its functions; (f) shall facilitate and monitor implementation of international instrUments and obligations affecting women and girls to which Pakistan is a signatory, and advise the Federal Government before accession to any such proposed international instrument, protocol or treaty; (g) shall recommend to 1Iie Federal Government the signing or ratifying of international instruments (conventions, treaties and covenants) affecting rights of women and girls; (h) may seek and receive information, data and dOC\lments from any ., Federal source or entity in the course of performance of its functions; (i) while inquiring into complaints of violations of women's rights may call for information or repott from the Federal Government civil society organizations and autonomous or concerned bod.ies; and in this regard the Commission shall have the powers vested io a civil court u.nder the Code of Civil Procedure, 1908 (Act V of 1908) for enforcing the attendance of any person and compelling the production of documents; (j) may in accordance with relevant laws and rules and prior permission of the provincial government concemed inspect any jail, sub-jail or other places of custody where women and girls are kept and to make appropriate recommendations to the authorities concerned; (k) may act for advocacy, lobbying, coalition building, networking and as a catalyst fo, promotion of cause of women to facilitate their participation in all spheres of life. including legal, economic, social and political empowerment; (1) liaise with the Provincial Commissions set up under provincial laws and other concerned provincial organizations; -----·- THE GAZETTE OF PAKISTAN, EXTRA., MARCH 10, 2012 151 (m) shall monitor the mechanism and institutional procedure for redressal of violation of women's righcs; and (n) may perform any 01her functions which may be assigned to it by the Federal Government.

12. Meetings of the Commission.-(!) A meeting of the Commission shall be held in each quarter of the year at such times and at such place as the Chairperson may decide. The Ciiairpcrson may call additional meetings if and when required. (2) All meetings shall be chaired by the Chairperson. (3) The Commission will consider, appl'Ove and monitor implementation of the SJrategic Plan and the Annual Budget. (4) The Commission shall, with the approval of Executive Committee, fix an honorarium or remuneration of advisors, consultants and experts as may be pre.scribed. (5) The meeting of the Commi ssion shall be conducted in accordance with the procedui·e as may be prescribed. (6) All decisions of the Commission shall be authenticated by the signature of the Chairperson or any person authorized in this behalf hy the Chairperson. (7) The quorum for the meeting of the Commission shall-not be less than one half of the total strength of the Commission. (R) The decisions of the Commission shall be taken by the majority of the members present. In case of a tie, the Chah·person of the meeting shall have the casting vote. (9) No act or proceeding of the Commission shall be invalid on the ground merely of the existence of any vacancy in or defect in the constitution of the Commission.

13. Appointment of Committees of the Commission.- (!) There shall be ail Executive Committee of the Commission consisting of the Chairperson and three other members to be appointed by the Commission which shall be responsible to oversee the implementation of the decisions and recommendations of the Commission. (2) The Commission may establish such o,her Committees from amongst its members as it deems fit and may refer to them any matter for consideration and report. The Commission may, if it considers necessaty. co-opt to a Committee any person possessing special knowledge and expertise on the relevant subject. • (3) All Committees except the executive Committee will be time bound.- l52 THE GAZEITE OF PAKISTAN, EXTRA., MARCH JO, 20l2 CHAPTE.R-IV FUNDS ANO FINANCIAL CONTROL

14. Fund.- (l) The,·e shall be estab.lished by the Federal Government a Fund to be known as the National Commission on the Status of Women Fund, which shall vest in the Commission and sha!l be used by the Commission to meet charges in connection with its functions under th,s Act. (2) Source of the Fund amongst other moneys may be the followiog,- (a) such iund as the Federal Government shall allocate each year as a non-lapsable grant in the annual budget; (b) donations, if any, made by ptivate individuals, national and international agencies; (c) income from investment by the Commission, as may be presc1ibed; (d) all funds held by the Federal Government uoder the title of ' National Commission's Fund; and (e) all other sums or properties or :assets which may in any manner become payable to or ve..st in, the Commission itf respect of.any matter. (3) The Commission whilst performing its functions and exercising its powers under lhis Act, shall ensure the highest sense of prudence in respect of expenditures incurred. (4) The Fund. shall be expended for the purpose of,- (a) performing functions of the Commission: (b) the estab.lishment charges, including its members, employees. consultants, legal and other fees and costs; and (c) such other activities which fal I within the purview of the Commission. (5) The Commission may invest its Fund in accordance with the instructions of the Federal Government. (6) The Chairperson shall be tlte Pr:ncipal Accounting Officer of the Commission.

15. Accounts and Audit.-( I) The Commission shall maintain proper accounts and other relevant records and JJrepare an annual statement of accounts in such form as may be prescribed by the Federal Government in consultation with the Auditor-General of.Pakistan. THE G~ElTE OF PAKISTAN, EXTRA., MARCH' 10, 2012 . (2) The accounts of the ·Commission shall be aullifed by' the Auditor- General at such intervals as may be specified by -him or her. ·· ' (3~ TheAud!tot-General and a_ny" other'pers(!n appoihted by him or her i~ conhection·with the audit of•the accounts of.ihe Commission bnder·this Act sball , have the same rights and privileges and the !1Ulhority in cbrinection witli such a~dit as the , .. Auditor-General . generally has .-. in . - . .·c_onnec.tion . ~ ~ with. . the audit . of ·Federal Government acc9unt~ aild in•parti.culllr .s,halt have rights,to dem;md th_e p!'O<luct\!)o of books, accounts connede_ii vouchers and Olh~r documents' and .P.a~rs .and to inspect_any of.the offi~es of the Commission·.. (4) The accou11,ts of the Cofllmi.ssiop, as certified by the Auditor-General or-any other person appointed by him or her in thi~ belialf, together with the Audit, ~eport, thereon shall be forwarded annualiy 10 ihe Federal 'Government by .the Com!lllssion and the Fede_ral Government.shall .cause the audit report·to be.laid, a~ ~o~n as m11y be after itis received, .)>efore each Hol)se of Parliament. · ... ~ CHAPTER-V MISCELLANEOUS

16. Annual Report of .the Commission.:-(!) The Commission shall p~pare frs Aflnual Report'and shall be presented lo.th~ Prime Minister.and concerned Mini~try. The Annual report;shal{iriciude an accou1l of its perfonn;mce and utilization offunds. •· · ' . (2) The Annual Report of the_Commission shall br laid and discu.ssed in the Pailiarneni. · · , .17, Assistance to the Commission.-All Federal e,tecutive authorities shall assist the Commission in the.performance of its functions. · 18. lndemnity.-No suit, prosecution or legal proceedings shall lie against the Commission, the Chairperson or any Member; officer, employees, advisors or consultants of the Commission in respect of anything done in good.faith or intended to be done under this Act.Qr the Rules made th~re.under or.order m~, or publication by or under the authority of the l'ederal G()verninent, a Provincial Govel1ll'!lent, or Commission or.any report, paper proceedings. 0 • • , ·' • • ,

19. Members and officers to be public servants.-Every member of the Commission and every officer appointed or authorized by the Commission to exerGise functi_ons. ~ tµ1der this ..Act shall ~e deemed to be a public servant within the. . ' ' meaning·of'sectfon 21 of the Pakistan Penal.Code (Act XLV of 1860).

20. Power to make Rules.,-( l) The Federal Government in consulta,ti_Qn. with the Commission and by notificatien in the officialGazette, make Ruies·for the purpose of giving effect to the provisions of this Act. , ,·. ' · :. ' 154 THE GAZETTE OF PAKISTAN, EXTRA., MARCH 10, 2012 (2) The rules of the Commission shall be made within ninety days of the commencement of this Act. ·

21. Delegation of powers.-The Commission may_subject to such conditioJ1.S', as it may specify, delegate any of its powers under th.is Act to the Executive Committee or member and to other such committees formed by the Commission.

22. Power to remove difficulties.-lf any difficulty arises in giving effect to the provisions of this Act, the Federal Government may by order published in the official gazette make such provisions not inconsistent with the provisions of this Act as appears to it, be necessary or expedient for removing the difficulty: Provided that this power shall be available for a period of one year from the date of commencement of this Act. ,,

23. Repeal.-(1) The National Commission on the Status of Women ,; Ordinance, 2000 (XXVI of~OOO), hereinafter called as the repealed Ordinance, i:1'j hereby repealed. , · · (2) Notwithstanding the repeal of Ordinance referred to in sub- section (1).- · (a) any notification, rule, regulation, .bye-law, order or exemption issued, made or gcanted under the repealed Ordinance shall have effect as if it had been issued, made or granted under the corresponding provision of this Act; (b) any official appointed and any body elected or constituted under the repealed Ordinance shall continue and shall be dcem~d to have been appointed, elected or constituted, as the case may be, under the corresponding provision Qf this Act; (c) any document referring to the repealed Ordinance shall be consu1med as referring, as far as may be, to this Act, or to the corresponding provision of this Act (3) The provisions of the General Clauses Act, 1897 (X of 1897), in general, and sections 6, 8 and 24 thereof, in particulal', shall apply to the repeal and re- enactment of the repealed Ordinance. · · IFTIKHAR ULLAH BABAR, Secretary: PRINTED BY 111B MANAGER. PRINTING CORPORATION OF PAKISTAN PRESS, ISLAMABAD. PUBLISHED BY THE OEl'UTY CONT'ROIJ.ER, STATIONERY AND FORMS, UNIVERSITY ROAD, KARACHI.