Updated: Tuesday October 11, 2016/AthThulatha
Muharram 10, 1438/Mangalavara
Asvina 19, 1938, at 03:39:12 PM
The National Commission on the Status of Women Act,
2012
ACT NO. VIII OF 2012
An Act to provide for the setting up of National
Commission on the status of Women
[10th March, 2012]
WHEREAS it is expedient to set up a
National Commission on the Status of Women for the promotion of social,
economic, political and legal rights of women, as provided in the Constitution
of the Islamic Republic of Pakistan and in accordance with international
declarations. Conventions, treaties, Covenants and Agreements relating to
women, including the Convention on the Elimination of all forms of
Discrimination Against Women (CEDAW) and for matters connected therewith or
incidental thereto;
It is hereby enacted as follows:---
CHAPTER-I
PRELIMINARY
1. Short title, extent and
commencement.—(1) This Act may be
called the National Commission on the Status of Women Act, 2012.
(2) It extends to the whole of
(3) It shall come into force at once.
2. Definitions. In this Act, unless there is anything repugnant in the
subject or context,---
(a) “Chairperson”
means the Chairperson of the 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”
means 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-II
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 conferred upon, and to perform the
functions assigned to it, under this Act.
(2) The
Commission shall consist of,---
(a) a Chairperson, who
shall be a woman with experience of working or, issues related to women's
rights for more than fifteen years, and is committed to the cause of women's
empowerment;
(b) two members from each
Province of whom at least one member shall be a woman, one woman member each
from Federally Administered Tribal Areas, Azad Jammu and Kashmir,
Gilgit-Baltistan, the Islamabad Capital Territory and from minorities;
(c) five ex-officio
members who shall be representatives of the Ministries of Law, Finance, Foreign
Affairs and Interior and the Ministry concerned with the subject of women's
rights not below BPS-20, and who shall not have the right to vote;
(d) Chairperson or a
designated member of each Provincial Commission on the Women's rights, set up
under provincial laws; and
(e) Secretary of the
Commission, 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 of age, with experience of working on issues related to women's
rights and is committed to the cause of women's empowerment.
(4) The
headquarter of the Commission shall be at
(5) 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.
4.
Appointment of Chairperson.—(1) 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 Minister shall in consultation with the Leader of the Opposition in the
National Assembly forward three names for Chairperson to a Parliamentary
Committee for hearing and confirmation of any one person:---
Provided
that in case three is no consensus between the Prime Minister and the Leader of
the Opposition, each shall forward separate list to the Parliamentary
Committee.
(3) The Parliamentary
Committee shall be constituted by the Speaker of the National Assembly and
shall comprise fifty per cent members from the treasury benches and fifty per
cent from the opposition parties, based on their strength in Majlis-e-Shoora
(Parliament), to be nominated by the respective Parliamentary Leaders:---
Provided
that the total strength of the Parliamentary Committee shall not exceed twelve
members out of which one-third shall be from the Senate.
(4) The
Parliamentary Committee shall regulate its own procedure.
(5) The
Parliamentary Committee shall forward the name of the nominee confirmed by it
to the Prime Minister, who shall appoint the Chairperson accordingly.
5.
Appointment of members.—(1) The members, including ex-officio members, shall
be appointed by the Prime Minister from amongst the names recommended under
sub-section (2).
(2) The
Federal Government shall, after consultation 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 shall be filled as provided in sub-Sections (1) and (2)
within thirty days of the occurrence of the vacancy.
6.
Term of Office of Chairperson and of Members.—(1) 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 and 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 unfit to 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, illness, 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.
9.
Terms and Conditions as applicable to members.—(1) The traveling and
daily allowance and other allowances payable to and terms and conditions as
applicable to members, other than ex-officio members, shall be such as may be
prescribed.
(2) The
salary and allowances payable to and terms and conditions applicable to the
Chairperson, shall be such as prescribed by the Federal Government.
(3) The Chairperson
of the Commission shall be full time, shall have the status equivalent to a
Minister of State of the Federal Government. The executive and financial
authority and responsibility of the Commission shall vest in the Chairperson
who shall be the overall 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) There 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 instructions of the Commission will prepare a draft three year
strategic plan, the Annual Work Plan and budget.
(3) The
Secretary shall be appointed in the manner as may be prescribed.
(4) The
appointment and terms and conditions of the employees of the Commission shall
be such as may be prescribed.
CHAPTER-III
FUNCTIONS AND POWERS
OF THE COMMISION
11.
Functions and Powers of the Commission. The Commission,-
(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 authorities;
(b) shall review all
Federal laws, rules and regulations affecting the status and rights of women
and suggest repeal, amendment or new legislation essential to eliminate
discrimination, safeguard and promote the interest of women and achieve gender
equality before law in accordance with the Constitution and obligations under
international covenants and commitments;
(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 the
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 documents 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 report
from the Federal Government civil society organizations and autonomous or
concerned bodies; and in this regard the Commission shall have the powers
vested in a civil Court under 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
concerned 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 for promotion of
cause of women to facilitate their participation in all spheres of life
including legal, economic, social and political empowerment;
(l) liaise with the
Provincial Commissions set up under provincial laws and other concerned
provincial organizations;
(m) shall monitor the
mechanism and institutional procedure for redressal of violation of women's
rights; and
(n) may perform any other
functions which may be assigned to it by the Federal Government.
12.
Meetings of the Commission.—(1) 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 Chairperson may call additional meetings if and when required.
(2) All
meetings shall be chaired by the Chairperson.
(3) The
Commission will consider, approve and monitor implementation of the Strategic
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 prescribed.
(5) The
meeting of the Commission shall be conducted in accordance with the procedure
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 hchalf by 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.
(8) The
decisions of the Commission shall be taken by the majority of the members
present. In case of a tie, the Chairperson 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.—(1) There shall be an
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 other 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 necessary, 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.
CHAPTER-IV
FUNDS AND FINANCIAL
CONTROL
14.
Fund.—(1) There shall be established 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 shall be used by the Commission to meet charges in
connection with its functions under this Act.
(2)
Source of the Fund amongst other moneys may be the following,---
(a) such fund as the
Federal Government shall allocate each year as a non-lapsable grant in the
annual budget;
(b) donations, if any,
made by private individuals, national and international agencies;
(c) income from investment
by the Commission, as may be prescribed;
(d) all funds held by the
Federal Government under 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 vest in, the
Commission in respect of any matter.
(3) The
Commission whilst performing its functions and exercising its powers under this
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 establishment
charges, including its members, employees, consultants, legal and other fees
and costs; and
(c) such other activities
which fall 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 the Principal Accounting Officer of the Commission.
15.
Accounts and Audit.—(1) The Commission shall maintain proper accounts and
other relevant records and prepare an annual statement of accounts in such form
as may be prescribed by the Federal Government in consultation with the
Auditor-General of Pakistan.
(2) The
accounts of the Commission shall be audited by the Auditor-General at such
intervals as may be specified by him or her.
(3) The
Auditor-General and any other person appointed by him or her in connection with
the audit of the accounts of the Commission under this Act shall have the same
rights and privileges and the authority in connection with such audit as the
Auditor-General generally has in connection with the audit of Federal
Government accounts and in particular shall have rights to demand the
production of books, accounts connected vouchers and other documents and papers
and to inspect any of the offices of the Commission.
(4) The
accounts of the Commission, as certified by the Auditor-General or any other
person appointed by him or her in this behalf, together with the Audit Report,
thereon shall be forwarded annually to the Federal Government by the Commission
and the Federal Government shall cause the audit report to be laid, as soon as
may be after it is received, before each House of Parliament.
CHAPTER-V
MISCELLANEOUS
16. Annual Report of the Commission.—(1) The Commission shall prepare its Annual Report
and shall be presented to the Prime Minister and concerned Ministry. The Annual
report shall include an account of its performance and utilization of funds.
(2) The Annual Report of the Commission
shall be laid and discussed in the Parliament.
17. Assistance to the Commission. All Federal executive authorities shall assist the
Commission in the performance of its functions.
18. Indemnity. 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 or the Rules made there under or
order made, or publication by or under the authority of the Federal Government,
a Provincial Government, Commission or any report, paper or proceedings.
19. Members and officers to be
public servants. Every member of the
Commission and every officer appointed or authorized by the Commission to
exercise functions under this Act shall be deemed to be a public servant within
the meaning of Section 21 of the Pakistan Penal Code (Act XLV of 1860).
20. Power to make Rules.—(1) The Federal Government in consultation with the
Commission and by notification in the official Gazette, make Rules for the
purpose of giving effect to the provisions of this Act.
(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 conditions, as it
may specify, delegate any of its powers under this Act to the Executive
Committee or member and to other such committees formed by the Commission.
22. Power to remove difficulties. If 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 2000), hereinafter called as the repealed Ordinance,
is 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
granted 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 deemed to have been appointed, elected or
constituted, as the case may be, under the corresponding provision of this Act;
(c) any
document referring to the repealed Ordinance shall be constructed 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
particular, shall apply to the repeal and re-enactment of the repealed
Ordinance.
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