Enforcement of Women's Property Rights Act, 2020 (No. XII of 2020)

REGTSTEREDNo.## 9 GbeGttffi d fsltrtmr =F EXTRAORDINARY PUBLISHEO BY AUTHORITY PART I Acts, Ordinrnces, President's Orders snd Regulatiotrs SENATE SECRETARJAT Islanabad, the 2SthFebruorY, 2020 No. F. 9(10y202Glegis.-The following Acts of Mdilisa-Shoola (Parliament) received the assent ofthe President on thc l8th February, 2020 and is hereby publishcd for general informalion: ACTNO. ) I OF 2O2O ,4n Act lo prolecl ond secure lhe riShts oJ ownershiP ofvonen ir lhe Property WHEREaS it is expedient to Provide for the protection of the rights of ownership and possession of properti€s owncd by women, ensuliog that such rights arc not violated by mcans ofharassment, coercion, force or fraud; It is hereby enacled as follows: ISLAMABAD, SATURDAY, FtrBRUARY 29, 2O2O 1. Short title, extent aud commencemenL{l) This Act shall be called the Enforcement of Women's Property Rights Ac1, 2020 (2) It shall e,{€nd to the whole ofthe Islamabad Capital Tenitory (3) It shall come into force at once. 15231(2020\/Ex. Gaz.l (81) P ce Rt. 14.00 82 TIIE GAZETTE OF PAKISTAN, EXTRA., FEBRUARY 29, 2O2O ART I 2. Defidtiotrs.-ln this Act, unless the context otherwis€ rcquires, the following expressions shall hrve the meanings hereby resp€ctively assigned to them: (a) 'complainant' means a woman who files a complaint or for whom proceedings are iniliated in resPect ofthe title or possession ofher property; (b) 'Covemment' means the Federal Govemment; (c) 'Ombudsma.n' means the Ombudsman appointed under section 7 of the Protection against Harassmcot ofwomen at the WorkPlace Act, 2010 (IV of2010); (d) 'pres.ribed'neans prescriM by rules: (e) 'property' includes any moveable and immoveable Property; and (0 'rules' mean rules made under this Act. 3. Powers of the Ombudsman. ln addition to the powe6, functions and authority under this Act and rules made hereunder,lie Ombudsman, for the purpose of this Act, shall have the same powers, functions and authority as are vested in the Ombudsman for the Protection against Harassment of Women at the Workplace Act, 2010 (fV of20l0). 4. Complaint to the Ombudsman iD case no proce€dings in a court of law are pending.-{ I) Any woman deprived of ownership or possession of her properry. by any means, may file a complaint to the Ombudsman if no proccedings in a court oflaw are pending regarding that proPerty: Provided that the Ombudsman, on its owrl motion or on a complaint filed by an) person including a non-govemmental organizatiofl, may also initiate action under sub-section (I) in relation to the ownership or possessjon of a \\'oman's property. if no procecdings are Pcnding in a court in respect ofthat ProPent. (2) 'fhe Ombudsman shall make a preliminary asscssm€nt of the complaint filed under suLsectiofl (1) whereafler he may, if tbe matter requires furthcr probe or investigation, rcfer thc matler to the concemed Deputy Commissioner, who, afler calling the record, if necessary- and issuirg notices to the complainanr or her adversaries, conduct a summary enquiry and submit a report within fifteen days to the Ombudsman. PART II THE GAZETTE OF PAKISTAN, EXTRA,, FEBRUARY 29' 2O2O 83 (3) lf the matter does not .equire any detailed probe. invcstigation or recording of evidence, the Ombudsman may, after calling any record, ifde€mcd necessary, p2rss orders under section 5 . (4) The Ombudsman upon receiving tie rePort under sub-section (2), may further conduct such summary enquiry and call for such record as he may deem fit. (5) The Ombudsman afte. confronting the report of thc concemed Deputy Commissioner and the conclusion and findings ofhis own enquiry, shall cali upon the complainant and her adversarles to submit objections, whereafter he may conduct a hearing, and Pass orders under se€tion 5, preferably wirhin si\ty days ofrcceipt ofthe complaint under sub-section (l) 5 . Delivery of Possession eDd transfer of ownership of property to wom€n etc.-{l) On conclusion of the proceedings under section 4, if the Ombudsman finds that the complainant has been illegally deprived ofownershiP or possession ofhcr property, he shall direct the DePuty Commissioner or a state functionary or any private person to take steps so as to restore or confer possession or title of the property to the complainant, including measures to perfect such thle. (2) The Ombudsman may, where deemed fi! direct tie offcer-in-charge of a police station fot such assistance as may b€ required for the purposes of implementing th€ orders passed under sub section (l ). (3) 'lhe concerned Depury Commissioner shall submit a compliance report within seven days to the Ombudsman in resP€ct of implementation ofhis orders, 6. R€f€rcrce to court. ll) Notwithstanding an)'thing contain€d in sections 4 and 5, ifupon preliminary assessment, or upon receiviog the rePort of the Deputy Commissioner or upon conductrng further summary enquiries by the Ombudsman himseif, he comcs to the conclusion that the matter requires in-dcpth enquiry, Investigation or det iled recording of evidence or intricate adjudication, he shall formulate a refercnce along with all the rePor6 and material collected aid submit the same to the concemed Civil Court preferably wirhin sixty days of receipt of thc complaint under suFsection (1) o[ scction 4 (2) Nohvithstanding an)'thing containcd rn any other law, the Civil Court shall entertain the rcfcrerrce under sub-sectioo (1), as a civil suit and proceed further in tcrms ol'thc Codc of Civil Procedurc, 1908 (Act v of 1908) and the relevant rules 84 THE GAZETTE OF PAKISTAN, EXTRA,, FEBRUARY 29,2020 7. Complaitrt to tte Ombudsmen in case pioceedings i, e court of hw sre pending,-{l) WIe.e proceedings in a court of Iaw are pending in relation t; the ownership or Poss€ssion of any prope0 claimed to be oBned by a woman, shc may file a complaint under this suusection to the Ombudsmaa: Prcvided that the Ombudsman, on its own motion or on a comPlaint filed by any person including a non-govemmcnlal organization may also initiate action under sub-section (l) in relation to the ownership or poss€ssion of a woman's prop€rty, even if procecdings are pending in a court in rcsp€ct of that proPerty. (2) The ombudsman shall make a prEliminary assessment of the complaint undet suusection (l), whereafler he may, ifthe matlcr rEquires furdler probe or investigation, rEfer the mafter to lhe concemed D€Puty Commissioner, who, after calling thc record, ifnecessary, and issuing notic€s to thc complainant or her adversarie;, conduct a summary enquiry and submit a report within fifteen days to the Ombudsman. (3) If the matter does not require ary detailed probc, investigation or rccording of evidence, lic Ombudsman may, after calling any record, if deemed necessaD/! may file a rtport in the courl of law, in which the case is Pendin& recomm;Dding that the proceedings in the court may b€ terminaled or put in abcyaoce unconditionally or subject to any court order and the Ornbudsman be permitted by the court to take further proceedings under this Act (4) Befor€ filing of the repon undcr sub-section (3), the Ombudsman shall call upon lhe complainant and her adversaies to submit objections, and condr-rct a hiaring ard pass orders, preferably within thin- days ofthc hearing, as ro whelher the Ornbudsman willorwill not file a report under suEscclion (3)' (5) In case the Ombudsman passes an order ofnot filing a report und€r sub-s€ction (3), hc may advise the comPlaioant to pursue the procecdings in the coutt oflaw and terminate the comPlaint. (6) The Ombudsman uPon receiving lhe .epon under suFsection (2), may furthet conduct such summary inquiry and c-all for such record as he may deem fit. E. Loss ot r€nt.--4n culmination of proceedings undcr scction 5, the Ombudsman may also direct the comPlainant to b€ paid by the person depriving the said complainant ofthe use ofthe proPeriy, the amount equivalcnt to the rent rhat the prop€rty would felch at the pr€valmt market rate' for thc duration for which the complainanl was deprived ofthc ust ofsuch proPert). IPART I P^Frll Tt{E GAZETTD O[ PAKISTAN, EXTRA,, ]'EBRUARY 29, 2O2O 85 9. ErccutioD of ordcrs.- Thc Ombudsman may dircct an]' executive statc furctiona.ry including rhe relcvant DePuty Commissioncr \vherc thc properq,ofthe iomplainaniis situated, to executc the orders in lcrter and sPirit' lO- AppointmeEt of ollicen, elc.-l?or carrying out the object and purposr of rhis Ac! thc Fed€ral Covemmcnt shall appoint such ofTicers as may Le ieqrrire4 on such terms and conditions as Prescribed' ll. Bar ofiurisdictior.-No coun or other aulhoritv shall havc jurisdiction (a) to question the \alidity ofany action taten, or intended to be taken'' ' or order made, or anything or purporting to have been taken, made or done underthis Acq or (b) to Srant an injunction or stay or to makc any interim order. in relaiion to any proceeding before, or an)'tiing done or intended to be donc or purporting to have been donc by, ol under the onders or at the instance ofthe Ombudsman. 12. Power to mdrc rulcs.-The Federal Covemment may make rules to carry out the purpose ofthis Act. MAJOR (R) SYED IIASNAIN HAIDER. Acling Selret@Y Pf,INTED EY TH! MANACER PRINTI:{(;CORIIRATIOI OF P KIS]'AN iiris r\lrMAlaD PI'OI ISIIEORYNIE DFPT ITY ('ONIROLILR. STATIONfRY AND FORMS, TNII,}RSITt'