Commission on the Status of Women Act, 2015

3. (l) Governm ent shall constitut e a Commission to be Establishment of known as the S1ndh Commission on· the Status of Women the (SPCSW). to exercise the powers conferre d upon. and to Commission. perform the futictions assigned 1o it. under this Act. (2) The Commission shall consist of twenty one member s and shall include one Chairper son and twenty Members . Provided that the Chairper son and Member s shall be appointe d within ninety days of the passage of this Act. (3) The Chairper son shall be appointe d under Section 6 of this Act: (a) The Chairper son shall be o woman, not less than forty five years of age with experien ce of working on Issues relating to women's rights for more 1han fifteen years. and is committ ed to lhe cause of women's empowe rment; (4) A Member of the Commission shall be appointe d under Section 7 of this Act. (a) The Commission shall include at least one women represen tative of the minority commun ity and three male members . (b) A Member of the Commission shall not be less !non thirty or thirty five years of age, of active experien ce of working on issues relating to women's rights tor more 1han 10 years and is committ ed to 1he cause of women's empowe rment. (c) The Member s of the Commission shall include- (i) seven members represen ting each Division with at-least ten years experien ce in promotin g women's rights and empowe rment; (ii) seven members with an expertise in gender and develop ment. low and social sector and academ ia. one of whom shall be a mole; (iii) five ex-officio member s who shall be representatives of the Provincial Deportm ents of Women, Low. Finance, Home and Social Welfare, not below BPS-19, and who shall hove the right to vote; 121 THE SINDII GOVT. GAZETTE EXT. ·M AY 18, 2015 PART-IV (iv) Secretary of the Commission, who shall not have the right to vote. (5) The headqu9rters of .the Commission shall be at Karachi. (6) The Commission shall be a body corporate having perpetual succession and a common seal with powers. among others to acquire, hold and dispose of any property and shall sue and be sued by the said name. Constffutlon of a 4. ( 1) The Women Development Deportment (WDD) shall Special invite through public notice applications and Committee. recommendations for Chairperson and membership of the Commission. (2) Th.e WDD shall set up a Special Committee which shall include:- (i) Minister, WDD, who shall head the Committee; (ii) Convener Women's Parliamentary Caucus (WPS); (iii) Member, WPC; (iv) · Chairperson Sindh Human Rights Commission: (v) Member, Slndh Human Rights Commission: (vi) Secretary Social Welfare Department; (vii) Secretary Low; and (viii) secretary· Women Development Deportment, · who will be Secretary of the Committee: (3) The Special Committee shall vet, scrutinize and examine the nominations and applications for Chairperson and Members of the Commission to satisfy itself that the rec·ommended names fultill the qualifications and criteria as laid down by this low in Section , 6 and Section 7. (4) The names identified by the Special Committee shall submit the final nominations:- (a) . To the Chief Minister Sindh and Leader of the Opposition for the Chairperson to follow the procl3dures set out in Section 6; and =PA=R='~f-=-IV'----_ _ _l=HJ; SINDH GOVT. GAZETTE EXT. MAY 18. 2015 122 (b) To the Porliomentory Committee constituted under Section 7 for the Members of the Commission.

5. A Parliamentary Committee shall be constituted by Constitution of a the Speaker of the Provincial Assembly of Sindh and shall Parliamentary comprise fifty percent members from the treasury Committee for benches and fifty percent from the oppositjon parties, the· based on their strength in the Provincial Assembly, to be appointment of nominated by the respective Parliamentary Leaders. Commission. .

6. (1) Government, through the Women Development Appointment of Deportment, shall through public nofice, invite Chairperson. applications and recommendations for suitable persons for appointment as Chairperson and after proper scrutiny as set out in ·section 4, shall submit a list of those persons to the Chief Minister and the Leader of the Opposition in the Provincial Assembly of Sindh. (2) The Chief Minister in consultation with the Leader of the Opposition in the Provincial Assembly of Sindh shall forward two names for Chairperson to the Parliamentary Committee for hearing and confirmation of any one person: Provided that in case there is no consensus between the Chief Minister and the Leader of the · Opposition, each shall forward a separate list to the Parliamentary Committee who shall finalize the nomination on the basis of two-thirds majority. (3) The Parliamentary Committee shall forward the name of the nominee confirmed by it, to the Chief Minister, who shall appoint the Chairperson accordingly. '

7. ( 1) The ex-officio members, shall be appointed by the Appointment of Chief Minister from amongst the names r~commended by members. the relevant Minister. (2) each Division Commissioner shall recommend four names trorn each Division to the WDD Special Committee, out of which one shalf be a man and one shall be a minority. (3) The Minister for WDD shall appoint seven suitable members as per sub-section (2) of section 4. (4) A vacancy of a Member shall be filled as provided in· sub-sections (1 ). (2) and (3) within thirty days of the occurrence of the vacancy. 123 THE SlNDIT GOVT. GAZETTE EXT. MAY 18. 2015 PART-IV Term of Office of 8. (1) A p erson appointed as the Chairperson and Member Chairperson and shall hold office for a term of three years from the date on Members. 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 office in writing under his hand addressed to Chief Minister of the Sindh Province and on acceptance of such resignation; such vacancy shall be filled within thirty days for the unexpired term of the member. Removal-of 9. The Chairperson or .Members may be removed from . Chairperson a nd office by the Government, if he- ·Members. (a} is, after proper inquiry, found guilty of misconduct: (b) is, adjudged an insolvent; (c) is, unfit to continue in office by reason of being mentally or physically challenged and stands so declared by a competent medical authority; and (d) hos, 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 release. Acting By reason of a vacancy fn the office of Chairperson Chairperson. due to death, illness, resignation or otherwise, Government shall appoint a woman from amongst members of the Commission · to act as Chairperson for a period of not exceeding thirty days or until the a ppointment of a new Chairperson, whichever is earlier. Secretariat of the 11. ( 1) There shall be a Secretariat of the Commission Commission. headed by the Secretary with complement of officers and support staff as may b e prescribed . · (2) The Secretary o n the in~tructions of the Commission shall p repare a draft three year strategic p ion, the Annual Work Plan and Bud get. (3) The Secretary sha ll be appo inted in the manner as may be prescribed. (4) The appointment and terms and c o nd itions of the employees of the Commission shall be such as m ay be prescribed. .:. P;:. ::A~ R=l--":.IV '-'-_ _ _',,_,rI~ U~ ,INDH GOVT. GAZETTE EXT. MAY 18, 2015 124 CHAPTER-Ill POWERS AND FUNCTIONS OF THE COMMISION

12. The Commission shall- Powers ancl functions cf the (o) examine the policy, programs and other Commission. measures taken or to be taken by Government for gender equality, women's empowerment, political participation, representation, assess, implementation and make suitable .reco'mmendations to the concerned authorities; (b) review all Provincial laws, rules and regulations prejudicial to the legitimate interest and rights of women and suggest accordingly in term of replacement, amendment, addition or legislation afresh essentially needed to eliminate discrimination, safeguard and promote the interest of women and achieve gender equality before low in accordance with the Constitution and obligations under international covenants and commitments; · (c} sponsor, steer, encourage research to generate information, analysis and studies and maintain a database relating to women and , gender issues t.o provide knowtedge and awareness for Government policy and strategic action for women empowerment: (d) develop and maintain interaction . and dialogue. with non-governmental organizations, experts and individuals in society and on active association with similar commissions and Institutions in other provinces for collaboration and action to achieve gender equality in the province; '(e) mobilize grants from dbmestic sources and international sources in order to meet any of its obligation or for the performing of its functions; (f) facilitate and monitor implementation of international instruments and obligations affecting women and girls advise to Government in providing opinions and 125 TIJE SINDII GOVT. GAZETTE EXT. MAY 18, 2015 PART-IV inputs to the Federal Government before accession to any such proposed international instrument, protocol or treat by Federal Government: (g) seek and receive information, data and documents from any Provincial or Federal sources or entity in the course of performance of its functions; (h) 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; . (i) act for advocacy, lobbying. coalition building, networking and as a catalyst for promotion of cause of women to facilitate their participation in all spheres of life including legal. economic, social and polit.ical.empowerment; (j) liaise with the National Commission on the Status of Women and other Provincial Commissions or any other relevant body; (k) monitor mechanism and institutfonol procedure for redressal of violation of women's rights; and (I) Perform any other functions which may be assigned to it by Government. (m) the Commission shall, with the approval of Executive Committee as defined Section 14, fix an honorarium or remuneration of advisers, consultants and experts as may be prescribed. - (n) the Commission shall consider, approve and monitor implementation of the Strategic Plan and the Annual Budget. fl=IE PA R1_'-l_V_ _ _ _,"---' E= G::. .a0""""V'-'T=.-"'G=A=Z=E"-",T'"""l'""' E'-----"" =l --"' NDT I~ ~ S= .~ 0l~S!.____....,1~2~6 Y~1~8~,~2..!!.. MA~ X=T-'--

13. ( l) A meeting of the Commission shall be held in each Meeting of !he quarter of the year at such times and at such place as the Commission. Chairperson may decide. The Chairperson may coll additional meetings if and when required. (2) All meetings shall be choired by the Chairperson or in his absence the members present shall elect from amongst themselves a member to preside the meeting. (3) The meeting of the Commission shall be conducted in accordance with the procedure qs may be prescribed. ' (4) • The quorum for the meeting of the Commission shall not be less than one half of the total strength of the Commission. (5) The decisions of the Commission shall be token by the maJority of the members present. Jn case of a lie, the Chairperson of the meeting shall hove the casting vole. (6) No act or proceeding of the Commission shall be invalid. on the ground merely of the existence or any vacancy in or defect in the constitution of the Commission.

14. (1) There shall be on Executive Committee of the Appolntm•:!:nt of Commission consisting of the Chairperson and two other Committees of members to be appointed by the Commission which shall the be responsible to oversee the implementa tion of the .Commis,Jfon, decisions and recommend ations of the Commission. (2) The Commission may estab!i$h such other Committees from amongst its members as it deems fit and may refer to them any matter for considetotio n and report. The Commission may, if ii considers necessary, co-opt to a Committee any person possessing special knowledge and expertise on the relevant subject. CHAPTER-IV FUNDS. BUDGET AND ACCOUNTS l 5. ( I ) There shall be established a Fund for the purposes of Fund. this Act which shall vest in, and be administere d and controlled by the Commission. (2) The Fund shall consist of- (a) such funds as Government ma y grant by way of seed money or otherwise; 127 THE SINDII GOVT. GAZETTE EXT. MAY 18, 2015 PART-IV (b) donations from domestic and international donor agencies an_ d other institutions; . (c) grants of money and funds borrowed· or raised by the Commission tor the purposes of meeting any of its obligations or discharging any of . its duties; (d) fees, penalt1es or other charges imposed µnder this Act; and (e) all other funds which may in any manner become payable to or vested in the Commission in respect of any .matter incidental to the exercise of its powers and functions. (3) The Fund shall be expended for the purpose of - {a) paying any expenditure lawfully incurred by the Commission, including remuneration of employees appointed by the Commission, their provident fund contrioutions, superannuating allowances or gratuities; (b) meeting the costs and charges of the contractors, inspection teams, advisers, consultants and agents hired by the Commission; (c) . paying any other expenses, costs or expenditure properly incurred or accepted by the Commission in the performance of its functions or the exercise of its powers under this Act, including legal fees and costs; (d) _ purchasing or hiring equipment, machinery and any other materials, acquiring land and erecting buildings, and carrying out any other work and undertakings in the performance o,f Its functions or the exercise of its powers under this Act; (e) repaying any financial accommodation received or moneys borrowed under this Act and the profit. return, mark-up or inter1:1st due t.her~on: and =PA=R =T=--~IV~~--THE SJNDII GOVT. GAZET1 E EXT. MAY 18, 2015 128 (f) generally paying any expenses for carrying info effect the provisions of this Act.

16. I 1) The Commission shall prepare and approve annual Annual budget. budget for o financial year in the prescribed manner. (2) No expenditure shall be mode for which .provision has not been made in any approved budget except if made from any previously approved contingency funds, unless further approval is sought and obtained from the Boord.

17. ( 1) Within ninety days from the end of each financial Annual report, year, the Commission shall prepare a report on the Accounts and activities and performance of the Commission, including .«udlt. inspections carried out under this Act during the financial year and submit a copy of the report to Government. (2) The Commission shall keep proper accounts and shall, as soon as practicable, after the end of each financial year, prepare o statement of accounts of the Commission for the financial year which shall include o balance sheet and accounts of income and expenditure. (3) The Commission shall appoint a firm of chartered accountants for audit of the statement of accounts of the Commission. (4) The Boord shall, within one hundred and twenty days of the end of each financial year, together with the annual report of the Commission under sub-section (2), send o copy of the statement of accounts of the Commission certified by the Auditors and the copy of the Auditor's report to Government.

18. ( l) Subject to sub-section (2), th.e Commission may, in so Investments. far as its moneys ore not required lo be expended under this Act, invest the surplus moneys in such manner as may be prescribed. (2) The Commission shall not invest its money in listed securHies or any derivative thereof whether listed or not. CHAPTER-V MISCELLANEOUS

19. ( l) The Commission shall prepare its Annual Report and Annual Report of shall be presented to the Chief Minister and Women the Commh.slon. Development Deportment. The annual report shall include accounts of its performance and utilization of f'!nds. 129 THE SJNDII GOVT. GAZETTE EXT. MAY 18. 2015 PART-TV =~- - - -=~~ (2) The Annual Repor.t of the Commission shall be la id a nd discussed in the Assembly.

20. All Government executive authorities shall• assist the Assistance to the Commission in the p erformance of its functions. Commission.

21. No suit. prosecution or le_gal proceedings shall lie Indemnity. 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 or the Rules made there under or order mode, or publication by or under the authority of Government, Commission or any report, paper or proceedings.. 22 Every member of the Commission and every officer Members and appointed or authorized by the ·commission to exercise officers to be functions und~r this Act shall be deemed to be o public publlc servants. servant within the meaning of section 21 of the Pakistan Penal Code {Act XLV of l 860).

23. Government shall in consultation with the Power to make Commission and by notification in the official Gazette. Rules. make Rules for the purpose of giving effect to the provisions of this Act. 24. . The Commission may subject to such conditions, as it Delegation of may specify delegate any of its powers under this Act to Powers. the Executive Committee or member and to other such committees formed by the Commission. l •

25. If ony. difficulty arises in giving effect to the .provt.Sions Powers lo of this Act. Government m_ay remove such difficulties. remove diffic ullies. BY ORDER OF THE SPEAKER PROVINCIAL ASSEMBLY OF SINDH G.M.l;JMAR FAROOQ SECRETARY PROVINCIAL ASSEMBLY OF SINdH Karachi: Prir..tcd at the Sindh Government Press 18-5-2015