Gender Disparity Legislation

NATIONAL COMMISSION ON THE STATUS OF WOMEN ACT, 2012   The National Commission on the Status of Women Act, 2012, is a piece of legislation in Pakistan that establishes the National Commission on the Status of Women (NCSW) and provides the legal framework for its functioning. The NCSW is an independent statutory body tasked with promoting and protecting the rights and status of women in Pakistan. ACT NO. VIII OF 2012 CONTENTS CHAPTER-I PRELIMINARY Sections Short title, extent and commencement. Definition. CHAPTER-II ESTABLISHMENT OF THE COMMISSION Establishment of the commission. Appointment of chairperson. Appointment of members. Term of Office of Chairperson and of Members. Removal of Chairperson and Members. Acting Chairperson. Terms and Conditions as applicable to members. Secretariat of the Commission. CHAPTER-III FUNCTIONS AND POWERS OF THE COMMISION Functions and powers of the commission. Meetings of the commission. Appointment of Committees of the Commission. Updated till 16-2-2022 CHAPTER-IV FUNDS AND FINANCIAL CONTROL Fund. Accounts and Audit. CHAPTER-V MISCELLANEOUS Annual Report of the Commission. Assistance to the Commission. Indemnity. Members and officers to be public servants. Power to make Rules. Delegation of powers. Power to remove difficulties. Repeal. NATIONAL COMMISSION ON THE STATUS OF WOMEN ACT, 2012 ACT NO. VIII OF 2012 [ 8th March, 2012] An Act to provide for the setting up of National Commission on the status of Women 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 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 Pakistan. (3) It shall come into force at once. 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 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 on 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 Islamabad. (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. 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 there 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. 1 [(6) A vacancy of Chairperson shall be filled in as provided in this Act within thirty days of occurrence of the vacancy.] 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