Updated: Thursday July 14, 2016/AlKhamis Shawwal 09, 1437/Bruhaspathivara Asadha 23, 1938, at 06:05:50 PM

The National Commission on the Status of Women Ordinance, 2000

ORDINANCE No. XXVI of 2000

[17th July, 2000]

An Ordinance to provide for the setting up of a National Commission on the Status of Women

WHEREAS it is expedient to set up a National Commission on the Status of Women for the emancipation of women, equalization of opportunities and socio-economic conditions amongst women and men and elimination of all forms of discrimination against women and for the matters connected therewith or incidental thereto;

AND WHEREAS the National Assembly and the Senate stand suspended in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999;

AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action;

NOW, THEREFORE, in pursuance, of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999, as well as Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:---

1. Short title, extent and commencement.—(1) This Ordinance may be called the National Commission on the Status of Women Ordinance, 2000.

(2)   It extends to the whole of Pakistan.

(3)   It shall come into force at once.

2. Definition. In this Ordinance, unless there is anything repugnant in the subject or context,---

(a) “Chairperson” means the Chairperson of the Commission;

(b) ”Commission” means the National Commission on the Status of Women established under section 3;

(c) ”Member” means the member of the Commission;

(d) ”prescribed” means prescribed by rules made under this Ordinance; and

(e) ”Secretary” means the Secretary of the Commission.   

3. Establishment of National Commission on the Status of Women.—(1) As soon as may be upon the commencement of this Ordinance, the Federal Government shall, by notification in the official Gazette, establish a Commission to be called the National Commission on the Status of Women.

(2) The Commission shall consist of a Chairperson, who shall be a person committed to the cause of women, and not less than ten and not more than twenty members from amongst persons of integrity and standing having substantial experience in law or legislation and knowledge and standing on socio-economic and legal problems of women. Majority of the members shall be women including one member each from each Province, Azad Jammu and Kashmir, Northern Areas and at least one member from the minorities.

(3) The Chairperson and the members, whether ex-officio or otherwise, shall be appointed by the Federal Government.

4. Terms of office and conditions of service of the Chairperson and Members.—(1) The Chairperson and Members shall hold office for a period of three years on terms and conditions to be determined by the Federal Government and shall be eligible for reappointment for a similar term or such shorter term as the Federal Government may determine.

(2) The Chairperson, or a member, other than ex-officio Chairperson or a member, may resign from his office by writing under his hand addressed to the Federal Government.

5. Removal of Chairperson or a member.—(1) The Federal Government may remove a person from the office of Chairperson or a Member if that person has,---

(a) become an undischarged insolvent;

(b) been convicted and sentenced to imprisonment for an offence which in the opinion of the Federal Government involves moral turpitude;

(c) become of unsound mind and has been so declared by the competent court;

(d) in the opinion of the Federal Government, so abused the position as Chairperson or a Member as to render his continuance in office detrimental to public interest:

Provided that no person shall be removed under this clause until he has been given a reasonable opportunity of being heard.

(2) A vacancy caused under sub-section (1) shall be filled by fresh appointment by the Federal Government within sixty days of the occurrence of the vacancy.

6. Secretariat of the Commission.—(1) The Ministry of Women Development Social Welfare and Special Education shall act as Secretariat of the Commission.

(2) The Additional Secretary or a Director General of the Ministry of Women Development, Social Welfare and Special, Education shall act as Secretary of the Commission.

(3) The executive authority and responsibilities of the Commission shall vest in the Chairperson and he shall be overall incharge of the Commission.

7. Functions of the Commissions. The Commission shall,---

(a) examine the policy, programmes and other measures taken by the Government for women development and gender equality to assess implementation and make suitable recommendations to the concerned authorities where considered necessary for effective impact;

(b) review all 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 interests of  women and achieve gender equality in accordance with the Constitution and obligations under international covenants and commitments;

(c) monitor the mechanism and institutional procedures for redress of violation of women”s rights, individual grievances, and facilities for social care, and undertake initiatives for better management and efficient provision of justice and social services through the concerned forums and authorities;

(d) encourage and sponsor research to generate information, analysis and studies relating to women and gender issues to provide knowledge and awareness for rational policy and strategic action;

(e) 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 and development at the national, regional and international level; and

(f) my other function which may be assigned to it by the Federal Government.

 8. Meetings of the Commission.—(1) Meetings of the Commission shall be held at such times and at such places as the Chairperson may direct and shall be presided over by the Chairperson.

(2) The meetings of the Commission shall be conducted in accordance with the procedure as may be prescribed and until such procedure is prescribed in such manner as the Chairperson may direct.

(3) The powers and functions of the Chairperson shall, in his absence, be exercised and performed by such Member as the Chairperson may appoint.

(4) The quorum to constitute a meeting of the Commission shall be the half of its membership.

(5) All orders and decisions of the Commission shall be authenticated by the signature of the Chairperson or any person authorized in this behalf by the Chairperson.

(6) 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.

9. Appointment of Committees. The Commission may appoint such Committees consisting of such of its members as it thinks fit and may refer to them any matter for consideration and report:

Provided that the Commission may, if it considers necessary, co-opt any person, possessing special knowledge and expertise on the relevant subject, to a Committee.

10. Appointment of advisers etc.—(1) The Commission may appoint advisers, consultants and experts having specialization and expertise in the women related fields and problems.

 (2) The Commission may, with the approval of the Federal Government, fix an honorarium or remuneration of advisers, consultants and experts.

11. Chairperson, Members and other staff of the Commission to be public servants. The Chairperson, Members, officers and other employees of the Commission shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860).

12. Fund.—(1) There shall be established by the Federal Government a Fund to be known as the National Commission Fund which shall consist of,---

(a) all sums paid by the Federal Government;

(b) all grants, if any, made by the Federal Government, Provincial Governments or local bodies; and

(c) donations, if any, made by private individuals, national and international agencies.

(2) The Fund shall be administered by the Commission which shall make such allocation for specific activities as it thinks necessary.

(3) The Fund shall be utilized for,---

(a) performing functions of the Commission;

(b) the establishment charges;

(c) the welfare of women; and

(d) such other activities which fall within the purview of the Commission.

 13. Financial Control.—(1) The Chairperson shall be the Principal Accounting Officer of the Commission in respect of the expenditure incurred against budget grant or grants made to the Fund and shall, for this purpose, exercise all the financial and administrative powers delegated to the Chairperson by the Federal Government.

(2) The Commission shall, in consultation with Federal Government and Auditor General of Pakistan, appoint an auditor who is a Chartered Accountant within the meaning of the Chartered Accountants Ordinance, 1961 (X of 1961) who shall carry out the audit of the accounts of the Commission.

(3) The auditor referred to in sub-section (2) shall be appointed on such remuneration and on such terms and conditions as the Commission may, in consultation with Federal Government and the Auditor General of Pakistan, determine.

14. Assistance to the Commission. All executive authorities in Pakistan shall assist the Commission in the performance of its functions.

15. Executive Committee. There shall be an Executive Committee of the Commission consisting of the Chairperson, Secretary and three other Members to be elected by the Commission which shall be responsible for overseeing the implementation of the decisions and recommendations of the Commission.

16. Reports.—(1) The Commission shall prepare annual report of its activities and such other periodical or special reports as it may consider necessary.

(2) Reports of the Commission shall be submitted to the President of the Islamic Republic of Pakistan and laid before the Majlis-e-Shoora (Parliament).

17. Delegation of powers. The Commission may, subject to such conditions as it may specify, delegate all or any of its powers under .this Ordinance to any of its members.

18. Power to make rules. The Commission may, with the approval of the Federal Government, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.

 

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