Gilgit-Baltistan Commission on the Status of Women Act, 2022 (Act No. III of GBA 2022)

2. De~ nitions.-In ·this Act, unless there is anything repugnant in the subject or context,- (a) "Chairperson" mea11s Chairperson of the Commission as appointed ·under section 5; (b} "Commission" means the Gilgit-Baltistan Commission on the Status of Women est~blished under section-3; (c) . "Executive Committee" means an executive committee shall be established under section 11; (d) "Fund" means the commission fund under section 12; (e) "girl" means a girl who is belo~ eighteen years of age; (f) "Government" _meansthe Government of Gilgit-Baltistan; (g) "Member" means the member of the Commission under section 4; (h) "prescribed" means prescribed by rules and regulations under this Act; (i) "regulations" means regulations made under section 21; G) "rules" means rules made under this Act under section 20; (k) "Secretary" means Secretary of the Commission as appointed under sect ion 7; · • · (I) useJcction Committee'~ means a selection Committee established· under section 5~ ,, · • .. ( m) ''W " • - · . : oman mean~ a female of eighteen years or above; PARTI] THE GAZETTE OF PAKISTAN, EXTRA., SEPTEMBER. 7, 2022 · 1085 = .. CHAPTER-II THE COMMISSION

3. Constitution of the Commissio~.~i)· As soon as after the.·· commenceme~t of this Act, Government.s'1all, by. notification in the 0fficial Gazette: constitute .a Commission shall be kno_wnas "The Gilgit-Baltistan Commission on the Status of Women;'. (ii). •The Commission shall have a permanent Secretariat in Gilgit (iii) Commission shall exercise the powers conferred upon, and to perfonp the functions assigned to it,·under this Act. • I _ (iv) The Commission shal_l be a body .corporate having perpetual I- .succession and a common seal with powers, among others to acquire, hold and dispose of a~y property and ·shallsue and be sued by the said name. . 4. Composition or' the Commission.-The Members . of the Commission shaJI includ~ (a) St;cretaries to the Government, Social Welfare,· Home, Law;_ Finance Health, Education:Planningand Development Department. (b) The Speaker of the Assembly shall nominate three female·members . of Gilgit-Baltistan Assembly preferabl>'ime from each Division~ (c) Deputy Director/.Director 9erieral/ Dir_e'ctor, Women·Development Department; (d) • a representative from Human Rights Commissionof Pakistan; (e) two repre;entatives from NGO, working on the empowerment and welfare of women; and who shall be appointed by the Government; and (t) two members with expertise in gender and development, law and social sector and academia from the civil society and at least one shall be female, having expe~ience of more than twelve years in social services, and with at least M.phil degree and who shall be· . /, . app.ointedby the government. ·(g) Four Members from (he civil society_shall be appointel by the Government and at least two shall be females; I • ' • .• ' . • 1086 THE GAZETTE OF PAKISTANjEXTRA., SEPTEMBER 7, 2022 [PART I (h) One representative from persons with disabilities, working. on empowerment and welfare of women; who shall be appointed-by the Government.

5. Appointment of the Chnirp_crson.-(i) The Government shall appoi11tthe Chairperson who shall be a woman on the recommendation of a Selec~ion Committee headed by the Chief Secretary of the Government and consisting of the foilowing: • • (a) two female members ofthe Gilgit-Baltistan Assembly, each· nominated by the Oovernment and _the Leader of .the Opp_osition~fthe Assembl):'; • • • (b) Secretaries to the Government; Socia!'Welfare, ~ome, Law,. ,.Fi.nance, Planning and Development Department or their ·representativesnot below the rank of BPS-I 9: (ii) . The Chairperson shall have a status equal to. BPS-20 officer of the . •Government; (iii) ·The Chairperson shall be a full-time officer of the Commission. (iv). The Chairperson of the Commission shall give policy vi_sionto the •• Cotnmission for achieving the purposes of the Commission and shall have •executive ·authority over the management of the affairs of the Commission; (v)" The Chairperson shall be the chief executive. of the Commission and shall be respon·siblefor the effective conduct of the business and discharge of functions of the Commission:

6. Terms and conditions as applicable to the Chairperson and • members.--(i) The sulary and other allowances payable to and terms and : conditions of service of members and Chairperson, shall be such as prescribed by the Government: (ii) The memb_ershipof the Members and the Chairperson in case of the resignation, death, or disqual_ificationor fails to attend three con~ecutive meetings without sufficient cause or any other reasons shall cease or fall .vacant. Any such vacancy shall be filled in within one month and the new membe~ shall hold office for the remainder of the term of his/he_rpredecessor; •(iii) The ~erm of_the ·office of the Memb~rs inclLidingthe Chairperson shall be of three ~cars wh!ch may be extended for a further period of three years unless she/ he resigns earlier or based on disqualification under this Act; (iv) The Chairperson and members of the Commjssioi1 should know -·. •. laws especi~lly related to women and capable to appreh~nd social, economic, and ,: PARTI] THE GAZETTE OF.PAKISTAN, EXTRA., SEPT~MBER 7,' 2022 l087 legal problems faced by women and may 11ave sucll other qualifications as ' Govemme_ntmay be _pres~ribed; ' i I· I (v) • No· person shall be appointed or remain as a member of the • Commission if she /he; . • (a) is of unsound mind·. ' (b) ·-hasappli~d to be adjudicated as an insolvent and incas~ her/ his application is pending; · ·. • ' (c) has been convicted by a Court of law for an offe.nse; (d) has been debarred from h~lding any office under any provision of law for the time f?eingin force; and (e) has a conflict of interest with such position: .. Provided that no person shall be removed from the offic_e under this clause until he/ she has been given a reasonabl~ opportunity .of being heard. • . Explanation.- For the purpqse of this clause, conflict of inter~st means the financial benefit or a liability. accruing to t~e public offic<: holder or his family due_to his official position.

7. Secretary of the Commission.-(i) There shall .be a Secretariat of the Commission headed by the Secretary with complement officers and supporting staff as may be prescribed by the government; • (ii) The Secretary of the Commission shall be a government officer of rank BPS- 19 from OMS/OMS/LAS. (iii) The Secretary on the instructions of the Commission shall prepare a . draft three years strategic plan, the _AnnualWork Plan, and Budget; . .. (iv) The Secretary shall perform •such functions. and exercise such powers as may be prescribed by regulation or . delegated to him by the Commission and shall; • (a) Act as the Principal Accminting Officer of the Commission; (b) Delegate all or any of his powers under this Act or rules made thereunder to any officer of the Commission for a specific purpose. The Secretary while acting with refc~encc to conducting meetings of the Commission shall be responsible for: • 1088 THE GAZETTE OF PAKISTAN, EXTRA., SEPTEMBER 7, 2022 [PARTI ::::,..._ (a) Convening of meetings of the Commi~sion with the approval . . of the Chairperson; • (b) The preparation of the agenda, working .. p~pcr, and its distribution am~ng the members of the Comm1ss1on; (c) Rec.ordin·gthe minutes. of each meeting of the Commission and its prompt dispatch to the concerned quarters; (d) Impl~ment decision~of the Commission;_and Proper follow-up of all ma_ttersconnected-with or arising out of a meeting of t~e Commission. • (v) Without prejudice to the generality of the •foregoing, the Secretary·.. shall. function•_underthe supervision and control of the C:::omi:nissionand shall undertake responsibilities and duties as are entrust~d to him_by·the Commission for purposes of this Ac~.·. • • CHAPTER-Ill POWEE.S AND FUNCTIONS OF THE COMMISSION 8. • Functions of the Commission.- (i) The Com_mi_ssion shall,- (a) examine ·the policy, programs, projects, and other measures -• taken or to be taken by Government, for gerider equality and e~powennent to assess implementation and make suitable recommendations to the concerned authorities~ where considered necessary for effective impact; . • .r~·viewlaws, rules, and regulations affecting the. status and ngh~s of women and suggest repeal,· amendments, or new legislat!ons esse~tiaJ to eiiminate discrimination, safeguard• •. and promote. the interests of women and achieve gender equ&lity in accordance with the Government of Gilgit- .Baltistan Order, 2018 and obligations under the International covenants and commitments· •' . . ' (c) mon.itor the mechanism and., institutional procedures for re~ressal of violation ..of women's rights, individua~ . ?r!~va_nces,and facilities for social cate, and undertake ·1 ~mti_ativefor better management and efficient provision ~f :,: Just•ce_~nd s~cial seryi'ccs through the concerned forums and authorities· ' : -~ - , PART·IJ. THE GAZETTE OF PAKISTAN, EXTRA., SEPTEMBER 7, 2022 1089 .. (d) examine•.aiidreview policies and plans of each department to ensure-that they address gender concerns adequately; . · (e) 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 government policy and strategic. action for ,. wqmen empowerment; (f) • de\?elop and maintain· interaction and dialogue with non- I governmental organizations, experts, and individuals in society and an •active association with similar commissions and institutions in other provinces for collaboration.and ac_tion to achieve gende~equality in Gilgit-Baltistan. · (ii) The Commission may; . (a) inspect jail,-sub-jail, or other places.of custody where women and girls are kept and to make.appropriate recommendations •to the authorities concerned; (b) act for advocacy, lobbying, coalition building, networking and \ , ·as a catalyst for the promotion of the cause of women _to facilitate, their participation in all spheres of life including legal, social, and political_empowerment; (c) coordinate with the National Commission on the Status of Women and other Provinciat' Commissions or any other relevant body; (d) monitor mechanisms • and institutional procedure for the redress~!of violation of the women's rights; (e) approv~ regulations required to be ma~e under this Act; . . . (f), delegate such of their powers _andfunctions to the officers of the Commission, as it may consider necessary for the efficient implementationof this Act; • • (g) constitute sub-committees consisting of such of its members as it may deem fit and may refer to th~m any matter for. consideration and report; and (h) Perform any other function which may be assign~d by the Government. 1090 THE GAZETTE.OF PAKiSTAN, EXTRA., SEPTEMBER 7, 2022 [PARTI =-

9. Meetings of the Commission.- (i) Meetings of the Commission shall be regulated in accordance with the procedure as may be prescribed by regulations; · • • (ii) Meetings of the Commission shall be held in each quarter of the •yea_r, at such time and place as .the Chairperson may- decide. The Chairperson may call additional meetings as and when required; (iii) All meetings shall be chaired by the Chairperson or in her/his • absence the members present shall elect from amongst themselves a member to preside the meeting; • 1 •(iv) The quorum for the meeting of the Commis~ion shall not be less than two-third of the total strength of the Commission; (v) The decision of the Commiss'ion shall be taken by the majority of the members pre.sent and, in case of a tie, the person presiding over the meeting shall have a casting vote. All orders, determinations and decisions of the • Commission shall be reduced to writing together with a record of the discussions held in the meeting;. (vi) The Commission may Co-opt members belo~ging to the relevant . .•expertise· in relation to.any matter under consideration of the Commission, who may take part in the discussion, but shall not be .entitled to vote for or against the. matter under discussion; • (vii) The Commission may invite a representative of any Government department, as it deems necessary to a meeting of the Commission provided that such a participant shall not have any right to vote; and • (~iii) No Act or proceedings of the Commission shall be invalid merely py reason of any vacancy in or defect in the constitution of the Commission. _ 10. Executive Committee.-. There shall be an executive committee of· the Commission consisting of the Chairperson, Secretary and at least three other members at least two shall be female to be elected by the Co_mmission, who shall be responsible for overseeing the implementation· of the decisions and recommendations of the Commission.

11. Appointment of officers and other employccs.-(i) The Commission may, appoint such officers, advisors, experts, consultants and employees, as it consi_dersecessary for the efficient performance of its functions on such terms and conditions as may be prescribed by regufations; (ii) The Commission may associate with it, in such a manner, on such -terms.and such purpose as it may deem fit, any person whose assistance or advice it may require in carrying out its functions under this Act; PART I] THE GAZETTE OF PAKISTAN, EXTRA.,· SEPTEMBER 7, 2021 1091 ·· . CHAPTER..;JV FINANCIAL PROVISIONS

12. Fund.- (i) Government shall establish a Fund known as "Commission Fund", which shall consist of: (a) grants paid by the Governm·ent for running the affairs of the Commission; · (b) All grants, if any, made by.the Federal Govemmen 4 Provincial Governments or locat'bodies· for the Commission; and (c) donations, if any, made by private individuals, national and ·international agencies for Commission. (ii) Subject' to the general supervision of the Government, the Commission Fund shall be administered by the Commission, which shall make such allocation for specific activities as it thinks necessary; ~ . (iii) . The Commission Fund shall be utilized for- . (a) Performing functions·of t~e Commission; • (b) The establishment charges; and .(c) The welfare af!d empowe·rment of women. . .

13. Custody and investment of funds.-The Commission may keep m·oney in any treasury or a bank as per the Governme·nt of Gilgit-Baltistan laws/ •• rules·. 1

14. Budget and Accounts.-{i) The Secretary shall, in respect of each fiscal year, submit for approval of the Commission, by such date and· in such manner as may be prescribed, a statement shO\ving the estimated receipts, the current and developmental expenditures and the sum required. as grant-in-aid from the Federal Government and shall be submitted to Government by prescribed date; Provided that the Government may modify the said estimates to the extent of any Government fµnd or grant as it may.cons~der necessary; (ii) Accounts of the receipts and expenditure of the Commission shall be kept in such form as may be prescribed by the Government; (iii) The Commission shall, on the close of each financial year, place before Government the annual statement of accounts and audited balance sheet, profit, loss acC?UIJtand the auditor's report, for the preceding financial year.

15. Audit of accounts.- (i) The accounts of the Commission shall be audited annually by the Auditor General of Gilgit-Oaltistan. I i - • I 1092 THE GAZE'n·E OF PAKISTAN,EXTRA., SEPTEMBER 7, 2022 [PARTI ~ (ii) the Government may prescribe a specific audit on the accounts f . 0 the commission. , CHAPTER-V MISCELLANEOUS t 6. Annual rcport.-Thc Commission ·shall prepare its Annual Report as may be prescribed by the rules in September, which shall be presentedthrough the Women Development,Social Welfare Department to the Chief Minister.The annual report of the Commission shall include accounts, its J?erformancc,and utilization of funds.

17. Assistance to the •Commission.-AII Government ex~cutive authorities shall assist the Commission in the performan~e of .its functions. : I~- Removal of difficultics.-Jf any difficulty arises ·in giving e,ffect~ . any provision of this Act, the Government may issue orders, not inconsistentwith. •the provisi(?nSof this Act, or the rules made there under, for the removal of the difficulty. I ' I9.. Indcmnity.-No suit, prosecution or legal proceeding shall' lie.. a~inst the Commission, the Chairperson or any other fyfemb~r, Officer;,.-~ Employees, Advisors, or Consultants of the Commission in respect of anything· • done in good faith or intehdedto be done under this·Act or the Rules madethere under or order made, or publication by or the authority of Government, Com.missionor any ~eport,paper or proceedings.

20. Power to m·ake Rulcs.-Gove~nment may by notification in the ., official Gazette,make ri:lcs for carrying out the purposes of this Act.· j ' 21 • Power to make Regulations.-Government may by nodfic;itionin the official Gazette,make regulations for carrying out the purposes of this Act. •