ISLAMABAD HIGH COURT, ISLAMABAD

ORDINANCE NO. VIII OF 2013

ANTI-TERRORISM (AMENDMENT)
ORDINANCE, 2013

An Ordinance further to amend the Anti-terrorism Act, 1997

[Gazette of Pakistan, Extraordinary, Part-I, 14^th October, 2013]

No. F. 2(1)/2013-Pub., dated 12.10.2013.--The following Ordinance promulgated by the President is hereby published for general information:--

WHEREAS it is expedient further to amend the Anti-terrorism Act, 1997 (XXV11 of 1997), for the purposes hereinafter appearing;

WHEREAS the Ordinance aims at addressing shortcomings relating to the terrorism financing provisions in the Anti-terrorism Act, 1997. In particular, the Ordinance strengthens the provisions creating the offence of terrorism financing; covering all aspects of the offence in the light of international standards and provides for more effective measures for law enforcement agencies to investigate the offences;

WHEREAS the provisions on freezing, seizing and forfeiture of property involved in the terrorism financing offence have been strengthened to ensure that the funding of the terrorism financing offence is detected and seized after due process of law;

AND WHEREAS the National Assembly and the Senate are not in session and the President is satisfied that circumstances exist which render immediate legislation necessary;

Now, THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance:--

1. Short title and commencement.--(1) This Ordinance may be called the Anti-terrorism (Amendment) Ordinance, 2013.

(2) It shall come into force at once.

2. Amendment of Section 2, Act, XXVII of 1997.--In the Anti-terrorism Act, 1997 hereinafter referred to as the said Act, in Section 2,--

(a) after clause (h), the following new clause shall be inserted, namely:--

"(ha) "freeze" means to prohibit the transfer, conversion, disposition or movement of any money or other property;";

(b) after clause (q), the following new clause shall be inserted, namely:--

"(qa) "proscribed organization" means any organization which is listed in the First Schedule under Section 11-B;"; and

(va) "seize" means to take custody or control of money or other property in order to prohibit its transfer, conversion, disposition or movement;".

3. Substitution of Section 11-B, Act, XXVII of 1997.--In the said Act, for Section 11-B, the following shall be substituted, namely:--

"11-B. Proscription of organisations.--The Federal Government may, by order published in the official Gazette, list an organisation as a proscribed organisation in the First Schedule on an ex-parte basis, if there are reasonable grounds to believe that it is,--

(a) concerned in terrorism; or

(b) owned or controlled, directly or indirectly, by any individual or organisation proscribed under this Act; or

Explanation.--The opinion concerning reasonable grounds to believe may be formed on the basis of information received from any credible source, whether domestic or foreign.".

4. Amendment of Section 11-C, Act, XXVII of 1997.--In the said Act, in Section 11C, for sub-section (l),the following shall be substituted, namely:--

"(1) Where any proscribed organization is aggrieved by the order of the Federal Government made under Section 11B, it may, within thirty days of such order, file a review application, in writing, before the Federal Government, stating the grounds on which it is made, and the Federal Government shall, after hearing the applicant, decide the matter on reasonable grounds within ninety days.".

5. Amendment of Section 11-D, Act, XXVII of 1997.--In the said Act, in Section 11-D, in sub-section (1), for the word "reason" the words "reasonable grounds" shall be substituted.

6. Amendment of Section 11-E, Act, XXVII of 1997--In the said Act, in Section 11-E, in sub-section (1), clause (b) shall be omitted.

7. Amendment of Section 11-EE, Act, XXVII of 1997.--In the said Act, in Section 11-EE,--

(i) for sub-sections (1) the following shall be substituted, namely:--

"(1) The Federal Government may, by order published in the official Gazette, list a person as a proscribed person in the Fourth Schedule on an ex parte basis, if there are reasonable grounds to believe that, such person is,--

(d) concerned in terrorism;

(e) an activist, office bearer or an associate of an organization kept under observation under Section 11-D or proscribed under Section 11-B;

(f) in any way concerned or suspected to be concerned with such organization or affiliated with any group or organization suspected to be involved in terrorism or sectarianism or acting on behalf of, or at the direction of, any person or organisation proscribed under this Act:

Explanation.--The opinion concerning reasonable grounds to believe may be formed on the basis of information received from any credible source, whether domestic or foreign.";

(ii) for sub-section (3), the following shall be substituted, namely:--

"(3) Where any person is aggrieved by the order of the Federal Government made under sub-section (1), he may, within thirty days of such order, file a review application, in writing, before the Federal Government stating the grounds on which it is made, and the Government shall, after hearing the applicant, decide the matter on reasonable grounds within ninety days."; and

(iii) after sub-section (3) substituted as aforesaid, the following new sub-section shall be inserted, namely:--

"(3-A) A person whose review application has been refused under sub-section (3) may file an appeal to the High Court within thirty days of the refusal of the review application.

(3-B) The Federal Government shall form a Proscription Review Committee to determine all review applications under sub-section (3).".

8. Amendment of Section 11-J, Act, XXVII of 1997.--In the said Act, Section 11-J shall be re-numbered as sub-section (1) of that section and after sub-section (1) renumbered as aforesaid, the following new sub-section shall be added, namely:

"(2) Any person in Pakistan, or a Pakistani national outside Pakistan, shall commit an offence under this Act, if he knowingly or recklessly makes money or other property or services available, directly or indirectly, wholly or jointly, for the benefit of a proscribed organization or proscribed person.".

9. Substitution of Section 11-O, Act, XXVII of 1997.--In the said Act, for Section 11-O, the following shall be substituted, namely:--

"11-O. Seizure, freeze and detention.--(1) On proscription made under Section 11-B or, as the case may be, Section 11-EE:-

(a) the money or other property owned or controlled, wholly or partly, directly or indirectly, by a proscribed organisation or proscribed person shall be frozen or seized, as the case may be;

(b) the money or other property derived or generated from any property referred in clause (a) shall be frozen or seized, as the case may be;

(c) no person shall use, transfer, convert, dispose of or remove such money or other property with effect from proscription; and

(d) within forty-eight hours of any freeze or seizure, the person carrying out the freeze or seizure shall submit a report containing details of the property and the persons affected by the freeze or seizure to such office of the Federal Government as may be notified in the official Gazette.

(2) Any person who violates any provision of sub-section (1) shall be liable to penalty of fine upto ten million rupees.

(3) If a legal person violates any provision of sub-section (1), such person shall be liable to penalty of fine upto ten million rupees and every director, officer or employee of such person found guilty of the violation shall be punished in terms thereof.

(4) On an application made by any affected person, the Federal Government shall inquire into the ownership and control of any money or other property that has been frozen or seized and, if it is satisfied that the money or other property has inadvertently been frozen or seized, the same shall be ordered to be released immediately.

(5) No prosecution, suit or other proceedings shall lie against the Government, or any other person complying or purporting to comply with sub-section (1) for anything done in good faith to effect freeze or seizure.".

10. Insertion of Section 11-OO, Act, XXVII of 1997.--In the said Act, after Section 11-O, the following new section shall be inserted, namely:--

"11-OO. Access to services, money or other property.--(1) The Federal Government may permit a person to make available to a proscribed organisation or proscribed person such services, money or other property as may be prescribed and such person shall not be liable for any offence under this Act on account of provision of the prescribed services, money or other property.

(2) On an application made by a proscribed organisation or proscribed person, the Federal Government may authorise such organisation or person to access such money or other property, or avail such services, as may be prescribed.".

11. Substitution of Section 11-P, Act, XXVII of 1997.--In the said Act, for Section 11P, the following shall be substituted, namely:-

"11-P. Application by investigating officer to Court.--(1) An investigating officer may apply to a Court for an order under this section for attachment of a terrorist property.

(2) An order under this section,--

(a) shall provide for attachment of the terrorist property for a period specified in the order or pending completion of the investigation; and

(b) shall require notice to be given to the person from whom such property was attached and to any other person who is affected by and specified in the order.

(3) Any cash attached under this section shall be held in a profit and loss account and the profit and loss so earned shall be added to it on its release or forfeiture.".

12. Substitution of Section 11-R, Act, XXVII of 1997.--In the said Act, for Section 11-R, the following shall be substituted, namely:--

"11-R. Evidentiary standard for forfeiture.--(1) The Court may pass an order for forfeiture under Section 11-Q upon conviction and only if satisfied on the balance of probabilities that the money or other property is a terrorist property and before so doing must give an opportunity to be heard to any person,--

(a) who is not a party to the proceedings; and

(b) who claims to be the owner of or otherwise interested in any of the money or other property which can be forfeited under this section.

(2) An order may be made under Section 11-Q, whether or not proceedings are brought against all the persons for an offence with which the money or other property is connected.".

13. Amendment of Section 11-S, Act, XXVII of 1997.--In the said Act, in Section 11-S, the words and figure "or Section 11-R" shall be omitted.

14. Substitution of Section 11, Act, XXVII of 1997.--In the said Act, for Section 11-U, the following shall be substituted, namely:--

"11-U. De-proscription.--(1) The Federal Government may, by notification in the official Gazette, at any time, remove any organisation or person from the First Schedule or Fourth Schedule, as the case may be, on the basis that no reasonable ground for proscription exists.

(2) After three years of the disposal of appeal, if any, or where no appeal was filed, from the date of the order of proscription, or from the date of any refusal of an application of de-proscription,--

(a) the Federal Government shall conduct review of the proscriptions to determine whether any proscription may be cancelled on the basis provided under sub-section (1); and

(b) until a proscription is cancelled, any money or other property frozen or seized on account of the proscription shall remain frozen or seized, as the case may be.

(3) On cancellation of the proscription under this Act, any money or other property that has been frozen or seized shall be released in a timely manner.".

15. Amendment of Section 34, Act, XXVII of 1997.--In the said Act, in Section 34, for the words "First, Second, Third and Fifth Schedules" the word "Schedule" shall be substituted.

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ORDINANCE NO. IX OF 2013

PROTECTION OF PAKISTAN ORDINANCE, 2013

An Ordinance to provide for protection against waging of war against Pakistan and the prevention of acts threatening the security of Pakistan

[Gazette of Pakistan, Extraordinary, Part-I, 31^st October, 2013]

No. F. 2(1)/2013-Pub., dated 28.10.2013.--The following Ordinance made by the President on the 9th October, 2013 is hereby published for general information :--

WHEREAS it is expedient to provide for protection against waging of war against Pakistan, prevention of acts threatening the security of Pakistan and for speedy trial of offences falling in the Schedule annexed to this Ordinance and for matters connected therewith or incidental thereto;

AND WHEREAS pursuant to the directions of the Hon'ble Supreme Court in cases of civil disturbance in different parts of the Country, it has become imperative to promulgate a law in order to give effect to such directions;

AND WHEREAS the Senate and the National Assembly are not in Session and the President is satisfied that the circumstances exist which render it necessary to take immediate action;

NOW, THEREFORE, in exercise of the powers conferred by Clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance:--

1. Short title, extent and commencement.--(1) This Ordinance may be called the Protection of Pakistan Ordinance, 2013.

(2) It extends to the whole of Pakistan.

(3) It shall come into force on such date or dates as the Federal Government may appoint in this behalf and different dates may be appointed for different provisions of this Ordinance.

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

(a) "Armed forces" means the Military, Naval and Air Forces of Pakistan and the Reserves of such Forces;

(b) "Civil armed forces" means Police, Frontier Constabulary, Frontier Corps, Pakistan Coast Guards, Pakistan Rangers or any other civil armed force notified by the Government as such;

(d) "Enemy alien" means a person who fails to establish his citizenship of Pakistan and is suspected to be involved in the waging of war or insurrection against Pakistan or depredation on its territory by virtue of involvement in offences specified in the Schedule;

(e) "Special Court” means the Special Court established under Section 7;

(f) "Police" includes all the police forces established by the Provincial Governments;

(g) "Government" means the Federal Government;

(h) "Prosecutor General" means the person appointed as Prosecutor General by the Government under this Ordinance;

(i) "Prosecuting agency" means a prosecuting agency established by the Government for the prosecution of offences falling under this Ordinance;

(j) "Schedule” means a Schedule annexed to this Ordinance;

(k) "Scheduled offence" means an offence as set out in the Schedule annexed to this Ordinance; and

(l) "Special Judicial Magistrate" means the Special Judicial Magistrate appointed under Section 7.

3. Use of armed forces and civil armed forces to prevent scheduled offences.--(1) Any police officer, or member of the armed forces, or civil armed forces who is present or deployed in any area may, on reasonable apprehension of commission of a scheduled offence after giving sufficient warning, use the necessary force to prevent the commission of a scheduled offence, and in so doing shall, in the case of an officer of the armed forces or civil armed forces, exercise all the powers of a police officer under the Code.

(2) In particular and without prejudice to generality of sub-section (1), an officer of the police, armed forces and civil armed forces may,--

(a) after giving prior warning use such force as may be deemed necessary or appropriate, keeping in view all the facts and circumstances of the situation, against any person who is committing or in all probability is likely to commit a scheduled offence, it shall be lawful for any such officer after forming reasonable apprehension that death, grievous hurt or destruction of property may be caused by such act, to fire, or order the firing upon any person or persons against whom he is authorized to use force in terms hereof;

(b) any police officer, a member of the armed forces or civil armed forces acting in aid of civil authority may arrest, without warrant, any person who has committed a scheduled offence or against whom a reasonable suspicion or credible information exists that he has committed, or is about to commit any such act or offence; and

(c) any such officer may enter and search, without warrant any premises to make any arrest or to take possession of any property, fire-arm, weapon or article used, or likely to be used, in the commission of any scheduled offence.

(3) Nothing contained in sub-section (1) or sub-section (2) shall affect the provisions of Chapter IX of the Code and the provisions of Section 132 of the Code shall apply to any person acting under this section.

4. Application of Code.--The provisions of the Code of Criminal Procedure (Act V of 1898) insofar as these are not inconsistent with the procedure provided in this Ordinance shall be applicable to inquiries, investigations and trial of the Scheduled Offences.

5. Investigations.--(1) All the scheduled offences shall be cognizable and non-bailable.

(2) All scheduled offences shall be inquired into and investigated by a Joint Investigation Team comprising of one gazzetted police officer and two officers from the armed forces/civil armed forces acting in aid of civil authority.

(3) Whenever a person is arrested or detained in custody under clause (b) of sub-section (2) of Section 3 and it appears that the inquiry or investigation cannot be completed within the period of twenty-four hours, a member of Joint Investigation Team or any other officer acting under him, excluding the time necessary for journey from the place of arrest or detention to the Court shall produce him before a Special Judicial Magistrate and may apply for remand of the accused to the custody of the police or custody of any other investigating agency.

(4) A Special Judicial Magistrate may authorize, from time to time, the detention of the accused in such custody as such Special Judicial Magistrate thinks fit for a term not exceeding ninety days:

Provided that all such reports requesting for further custody of the accused shall be submitted through the Public Prosecutor.

(5) A person arrested or detained under this Ordinance whose identity is unascertainable shall be considered as an enemy alien and, subject to provisions of Section 14, he shall be presumed to have joined insurrection against Pakistan:

Provided that for the purposes of this Ordinance, such alien shall include a Commonwealth citizen.

6. Preventive Detention.--The Government may by an order in writing issued by the Secretary Ministry of Interior, or any officer, not below the rank of BPS-21, specifically designated in this behalf, authorize the preventive detention of a person for a period not exceeding ninety days if there are grounds to infer that such person is acting in a manner prejudicial to the integrity, security, defense of Pakistan or any part thereof, or external affairs of Pakistan, or public order or maintenance of supplies and services:

Explanation I: A person connected or likely to be connected with the commission of a scheduled offence or a person falling under sub-section (5) of Section 5 shall be deemed to be a person acting in the manner stated above:

Provided that detention of such person shall be regulated in accordance with the provisions of Article 10 of the Constitution;

Provided further that without prejudice to the above, an enemy alien may be detained by the Government for such period as may be determined by it from time to time by virtue of clause (9) of Article 10 of the Constitution.

7. Report.--Upon completion of investigation, the Joint Investigation Team shall, through the Public Prosecutor, submit a report before the Special Court:

Provided further that notwithstanding anything contained in the Qanun-e-Shahadat, 1984 (P.O. 10 of 1984), such report shall be admissible in evidence against the accused.

8. Establishment of Special Courts etc.--(1) The Government may establish as many Special Courts under this Ordinance as determined by it.

(2) The Government, in consultation with the Chief Justice of the concerned High Court, may appoint any person as judge of the Special Court constituted under this Ordinance who is or has been a Sessions Judge in any province of Pakistan or has been an Advocate of the High Court for a period of not less than ten years.

(3) A judge Special Court shall have all the powers of a Sessions Court as provided under the Code.

(4) The Government may provide security of tenure to a judge of the Special Court appointed under this Ordinance through rules to be framed under this Ordinance.

(5) The Government may, in consultation with the Chief Justice of the concerned High Court, appoint any Magistrate of the First Class serving as a member of the subordinate judiciary under any High Court or any other officer of not less than BPS-18 of the Pakistan Administrative Service or Provincial Management Service of any Province as Special Judicial Magistrate.

(6) The Special Judicial Magistrate shall have all the powers of Magistrate First Class provided under the provisions of the Code, unless these are inconsistent with the provisions of this Ordinance.

(7) No Special Court shall take cognizance of a scheduled offence except on a report submitted under Section 7.

9. Place of inquiries, investigations and trials etc.--(1) The Government, on the report of a prosecuting agency, shall determine the place of custody, inquiry, investigation and trial of a scheduled offence anywhere in Pakistan.

(2) A person convicted of a scheduled offence subject to direction of the Government may be confined at any place in Pakistan including the prisons established by the Provincial and Federal Governments.

10. Establishment of Prosecuting Agency.--The Government shall establish an independent Prosecuting Agency headed by a Prosecutor General in order to provide consultation and legal guidance to the investigating agency and to conduct the prosecution of scheduled offences.

11. Prosecutor General.--(1) The Government may appoint any person as Prosecutor General who is not less than forty-five years of age and has been an Advocate of the High Court for a period of not less than ten years.

(2) The Prosecutor General may issue instructions and guidelines for the competent investigation and effective prosecution of the cases of scheduled offences.

(3) The Prosecutor General may, with prior approval of the Government, withdraw from the prosecution of any accused in a case pending before any Special Court and on submission of such request the Court shall discharge or acquit the accused from the case as it may deem fit.

12. Protection of judges, prosecutors and witnesses etc.--The Government shall take appropriate measures to provide adequate security to the prosecution witnesses, investigating officers, prosecutors, Special Judicial Magistrates and Judges of the Special Courts and for this purpose may establish, anywhere in Pakistan, safe houses and high security prisons with Court rooms.

13. Joint trial.--(1) While trying any offence under this Ordinance, a Special Court may also try any other offence, which an accused may, under the Code of Criminal Procedure, 1898, be charged, at the same trial if the offence is connected with such other offence.

(2) If, in the course of any trial under this Ordinance of any scheduled offence it is found that the accused person has committed, in addition any other offence under any other law for the time being in force, the Special Court may convict an accused for such other offence also and pass any sentence authorized by this Ordinance or, as the case may be, such other law.

14. Burden of proof.--An accused facing the charge of a scheduled offence on existence of reasonable evidence against him, shall be presumed to be engaged in waging war against Pakistan unless he establishes his non-involvement in the offence.

15. Punishments.--Notwithstanding anything contained in the Pakistan Penal Code or any other law for the time being in force, the scheduled offence shall be punishable with imprisonment which may extend to ten years, with fine and confiscation of property unless the scheduled offence already provides a higher punishment.

16. Transfer of cases.--(1) Where, after taking cognizance of an offence, a Special Court is of opinion that the offence is not a scheduled offence, it shall, notwithstanding that it has no jurisdiction to try such offence, return the ease to the prosecuting agency for its submission before a Court of ordinary jurisdiction.

(2) The Prosecutor General may at any stage of the proceedings withdraw a case from on Special Court and may submit the same before another Special Court constituted under this Ordinance.

17. Certain provisions of the Code not applicable.--The provisions of Sections 374, 426, 435, 439, 439-A, 491, 496, 497, 498 and 561-A of the Code shall not be applicable to the scheduled offences.

18. Appeal.--(1) An appeal against the final judgment of a Special Court shall lie to the Supreme Court.

(2) Copies of the judgments of a Special Court shall be supplied to the accused and public prosecutor on the day the judgment is pronounced.

(3) Any aggrieved person or the Government may file an appeal against the final judgment of a Special Court within a period of fifteen days from the pronouncement of judgment.

19. Savings.--No member of the police, armed forces or civil armed forces acting in aid of civil authority, Prosecutor General, prosecutor, Special Judicial Magistrates or the Judge of a Special Court shall be liable to any action for the acts done in good faith during the performance of their duties.

20. Power to make rules.--The Government may from time to time make rules to carry out the purposes of this Ordinance and may also amend, delete or add any offence in the Schedule by publication of a notification in the official gazette.

SCHEDULE

[See Section 2(i)]

Scheduled Offences.--(1) The following acts, if committed with the purpose of waging war against Pakistan or threatening the security of Pakistan shall be the scheduled offences and includes other offences relating to:--

(i) acts that are calculated to influence or affect the conduct of Government by intimidation or coercion, or to retaliate against government conduct;

(ii) crimes against ethnic, religious and political groups or minorities including offences based on discrimination, hatred, creed and race;

(iii) use of arson, fire-bombs, suicide bombs, biological weapons, chemical weapons, nuclear arms, plastic explosives and other materials capable of exploding or creating bombs employed to kill persons or destroy property;

(iv) use of arson and bombs on public places, government premises, sites of worship, historical places, business concerns, or other places, and risking or causing death to any person therein;

(v) killing, kidnapping, extortion, assault or attack of members of the Parliament, Judiciary, Executive, Media, and other important personalities;

(vi) killing, kidnapping, extortion, assault or attack on officers and employees of Pakistan including armed forces and law enforcement agencies;

(vii) killing, kidnapping, extortion, assault or attack on foreign officials, official guests, tourists, foreign visitors, or internationally protected persons etc;

(viii) killing, kidnapping, extortion, assault or attack on social or welfare workers, including health personnel, aid workers, and volunteers;

(ix) destruction of or attack on communication and interaction lines, devices, grids of stations, or systems etc;

(x) destruction of or attack on energy facilities including dams, power generating and distributing systems including stations, lines and poles;

(xi) destruction of or attack on aircrafts and airports, attack on flight crew with any weapon or endangering human life by means of weapons on aircrafls;

(xii) destruction of or attack on gas or oil pipelines and liquid or natural gas facilities and other means of their transport including tankers;

(xiii) destruction of or attack on of national defense materials, premises, utilities, and installations including check posts, prisons and other fixtures;

(xiv) crimes against computers including cyber crimes, internet offenses and other offences related to information technology etc;

(xv) wrecking, disrupting or attacking mass transport systems including trains, buses, cars and their stations and ports;

(xvi) violence or attack against maritime navigation, maritime fixed platforms, shipping and port installations and other maritime fixtures;

(xvii) violence against nuclear arms, sites or any other related installations;

(xviii) hostage taking, or attempting to lake hostage any person;

(xix) violence against nationals occurring outside of Pakistan;

(xx) transcending or crossing national boundaries.

(2) Offences Punishable under Sections 121, 121-A, 122, 123, 123-A, 123-B, 124, 124-A, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139 and 140 of the Pakistan Penal Code.

(3) Any abetment or conspiracy to commit any of the above offences.

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ACT NO. I OF 2013

PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE ACT, 2013

An Act to make provisions for the protection against harassment of women at the Work place.

[Gazette of Pakistan, Extraordinary, Part-I, 18^th September, 2013]

WHEREAS the constitution of the Islamic Republic of Pakistan recognizes the fundamental rights of citizens to dignity of person;

AND WHEREAS it is expedient to make this provision for the protection of women from harassment at the workplace;

It is hereby enacted as follows:

1. Short title, extent and commencement.--(1) This Act may be called the Protection against Harassment of women at the Workplace Act No. I of 2013.

(2) It extends to the whole of Gilgit-Baltistan.

(3) It shall come into force at once.

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

(a) "Accused" means an employee or employer of an organization against whom complaint has been made under this Act;

(b) "CBA" means Collective Bargaining Agent as provided in the Industrial Relations Act 2008,( IV of 2008) or any other law for the time being in force.

(d) "Competent Authority" means the authority as may be designated by the management for the purposes of this Act;

(e) "Complainant" means a woman or man who has made a complaint to the Ombudsman or to the Inquiry Committee on being aggrieved by an act of harassment;

(f) "Employee" means a regular or contractual employee whether employed on daily, weekly, or monthly or hourly basis, and includes an intern or an apprentice;

(g) "Employer" in relation to an organization, means any person or body of persons whether incorporated or not, who or which employs workers in an organization under a contract of employment or in any other manner whosoever and includes--

(i) an heir, successor or assign, as the case may be, of such person or, body as aforesaid;

(ii) any person responsible for the direction, administration, management and control of the management;

(iii) the authority, in relation of an organization or a group of organization run by or under the authority of any Ministry or department of the Federal Government or a Provincial Government, appointed in this behalf or, where no authority is appointed, the head of the Ministry or department as the case may be;

(iv) the office bearer, in relation to an organization run by or on behalf of the local authority, appointed in this behalf, or where no officer is so appointed, the chief executive or office bearer of that authority;

(v) the proprietor, in relation to any other organization, of such organization and every director, manager, secretary, agent or office bearer or person concerned with the management of the affairs thereof.

(vi) a contractor or an organization of a contractor who or which undertakes to procure the labour or services of employees for use by another person or in another organization for any purpose whatsoever and for payment in any form and on any basis what soever; and

(vii) office bearers of a department of a Division of a Federal or a Provincial or local authority who belong to the managerial, secretarial or directional cadre or categories of supervisors or agents and those who have been notified for this purpose in the official Gazette;

(h) "harassment" means any unwelcome sexual advance, request for sexual favors or other verbal or written communication or physical conduct of a sexual nature or sexually demeaning attitudes, causing interference with work performance or creating an intimidating, hostile or offensive work environment, or the attempt to punish the complainant for refusal to comply to such a request or is made a condition for employment;

(i) "Inquiry Committee" means the Inquiry Committee established under sub-section (1) of Section 3;

(j) "management" means a person or body of persons responsible for the management of the affairs of an organization and includes an employer;

(k) "Ombudsman" means the Ombudsman appointed under Section 7

(l) "Organization" means a Federal or Provincial Government Ministry, Division or department, a corporation or any autonomous or semi-autonomous body, Educational Institutes, Medical facilities established or controlled by the Federal or Provincial Government or District Government or registered civil society associations or privately managed a commercial or an industrial establishment or institution, a company as defined in the Companies Ordinance, 1984 (XLVII of 1984) and includes any other registered private sector organization or institution;

(m) "Schedule" means Schedule annexed to this Act;

(n) "workplace" means the place of work or the premises where an organization or employer operates and includes building, factory, open area or a larger geographical area where the activities of the organization or of employer are carried out and including any situation that is linked to official work or official activity outside the office.

3. Inquiry Committee.--(1) Each organization shall constitute an Inquiry Committee within thirty days of the enactment of this Act to enquire into complaints under this Act.

(2) The Committee shall consist of three members of whom at least one member shall be a woman. One member shall be from senior management and one shall be a senior representative of the employees or a senior employee where there is no CBA. One or more members can be co-opted from outside the organization if the organization is unable to designate three members from within as described above. A Chairperson shall be designated from amongst them.

(3) In case a complaint is made against one of the members of the Inquiry Committee that member should be replaced by another for that particular case. Such member may be from within or outside the organization.

(4) In case where no competent authority is designated the organization shall within thirty days of the enactment of this Act designate a competent authority.

4. Procedure for holding inquiry.--(1) The Inquiry Committee, within three days of receipt of a written complaint, shall--

(a) communicate to the accused the charges and statement of allegations leveled against him, the formal written receipt of which will be given;

(b) require the accused within seven days from the day the charge is communicated to him to submit a written defense and on his failure to do so without reasonable cause, the Committee shall proceed ex-parte; and

(c) enquire into the charge and may examine such oral or documentary evidence in support of the charge or in defense of the accused as the Committee may consider necessary and each party shall be entitled to cross-examine the witnesses against him.

(2) Subject to the provisions of this Act and any rules made thereunder the Inquiry Committee shall have power to regulate its own procedure for conducting inquiry and for the fixing place and time of its sitting.

(3) The following provisions inter alia shall be followed by the Committee in relation to inquiry:--

(a) The statements and other evidence acquired in the inquiry process shall be considered as confidential;

(b) An officer in an organization, if considered necessary, may be nominated to provide advice and assistance to each party;

(c) Both parties, the complainant and the accused, shall have the right to be represented or accompanied by a Collective Bargaining, Agent representative, a friend or a colleague;

(d) Adverse action shall not be taken against the complainant or the witnesses;

(e) The inquiry Committee shall ensure that the employer or accused shall in no case create any hostile environment for the complainant so as to pressurize her from freely pursuing her complaint; and

(f) The Inquiry Committee shall give its findings in writing by recording reasons thereof.

(4) The Inquiry Committee shall submit its findings and recommendations to the Competent Authority within thirty days of the initiation of inquiry. If the Inquiry Committee finds the accused to be guilty it shall recommend to the Competent Authority for imposing one or more of the following penalties:

(i) Minor penalties:

(a) censure;

(b) withholding, for a specific period, promotion or increment;

(c) stoppage, for a specific period, at an efficiency bar in the time-scale, otherwise than for unfitness to cross such bar; and

(d) recovery of the compensation payable to the complainant from pay or any other source of the accused;

(ii) Major penalties:

(a) reduction to a lower post or time-scale, or to a lower stage in a time-scale;

(b) compulsory retirement;

(d) dismissal from service; and

(e) Fine. A part of the fine can be used as compensation for the complainant. In case of the owner, the fine shall be payable to the complainant.

(5) The Competent Authority shall impose the penalty recommended by the Inquiry Committee under sub-section (4) within one week of the receipt of the recommendations of the Inquiry Committee.

(6) The Inquiry Committee shall meet on regular basis and monitor the situation regularly until they are satisfied that their recommendations subject to decision, if any of Competent Authority and Appellate Authority have been implemented.

(7) In case the complainant is in trauma the organization will arrange for psycho-social counseling or medical treatment and for additional medical leave.

(8) The organization may also offer compensation to the complainant in case of loss of salary or other damages.

5. Powers of the Inquiry Committee.--(1) The Inquiry Committee shall have power--

(a) to summon and enforce attendance of any person and examine him on oath;

(b) to require the discovery and production of any document;

(d) to record evidence.

(2) The Inquiry Committee shall have the power to inquire into the matters of harassment under this Act, to get the complainant or the accused medically examined by an authorized doctor, if necessary, and may recommend appropriate penalty against the accused within the meaning of sub-section (4) of Section 4.

(3) The Inquiry Committee may recommend to Ombudsman for appropriate action against the complainant if allegations leveled against the accused found to be false and made with mala fide intentions.

(4) The Inquiry Committee can instruct to treat the proceedings confidential.

6. Appeal against minor and major penalties.--(1) Any party aggrieved by decision of the Competent Authority on whom minor or major penalty is imposed may within thirty days of written communication of decision prefer an appeal to an Ombudsman established under Section 7.

(2) A complainant aggrieved by the decision of the Competent Authority may also prefer appeal within thirty days of the decision to the Ombudsman.

(3) The Appellate Authority may, on consideration of the appeal and any other relevant material, confirm, set aside, vary or modify the decision within thirty days in respect of which such appeal is made. It shall communicate the decision to both the parties and the employer.

(4) Until such a time that the ombudsman is appointed the District Court shall have the jurisdiction to hear appeals against the decisions of Competent Authority and the provisions of sub-sections (1) to (3) shall mutatis mutandis apply.

(5) On the appointment of Ombudsman all appeals pending before the District Court shall stand transferred to Ombudsman who may proceed with the case from the stage at which it was pending immediately before such transfer.

7. Ombudsman.--(1) The Government of Gilgit-Baltistan shall appoint an ombudsman.

(2) A person shall be qualified to be appointed as an Ombudsman who has been a judge of High Court or qualified to be appointed as a judge of High Court. The Ombudsman may recruit such staff as required to achieve the purposes of this Act and the finances will be provided by the respective Government of Gilgit-Baltistan.

8. Ombudsman to enquire into complaint.--(1) Any employee shall have the option to prefer a complaint either to the Ombudsman or the Inquiry Committee.

(2) The Ombudsman shall within 3 days of receiving a complaint issue a written show-cause notice to the accused. The accused after the receipt of written notice, shall submit written defense to the Ombudsman within five days and his failure to do so without reasonable cause the Ombudsman may proceed ex-parte. Both the parties can represent themselves before the Ombudsman.

(3) The Ombudsman shall conduct an inquiry into the matter according to the rules made under this Act and conduct proceedings as the Ombudsman deems proper.

(4) For the purposes of an investigation under this Act, the Ombudsman may require any office or member of an organization concerned to furnish any information or to produce any document which in the opinion of the Ombudsman is relevant and helpful in the conduct of the investigation.

(5) The Ombudsman shall record his decision and inform both parties and the management of the concerned organization for implementation of the orders.

9. Representation to Governor.--Any person aggrieved by a decision of Ombudsman under sub-section (5) of Section 8, may, within thirty days of decision, make a representation to the Governor, as the case may be, who may pass such order thereon as he may deem fit.

10. Powers of the Ombudsman.--(1) The Ombudsman shall for the purpose of this Act have the same powers as are vested in a Civil Court under the Code of Civil Procedures, 1908 (Act V of 1908), in respect of the following matters, namely:--

i. Summoning and enforcing the attendance of any person and examining him on oath;

ii. Compelling the production of evidence;

iii. Receiving evidence on affidavits;

iv. Issuing commission for the examination of witnesses;

v. entering any premises for the purpose of making any inspection or investigation, enter any premises where the Ombudsman has a reason to believe that any information relevant to the case may be found; and

vi. The Ombudsman shall have the same powers as the High Court has to punish any person for its contempt.

(2) Ombudsman shall while making the decision on the complaint may impose any of the minor or major penalties specified in sub- section (4) of Section 4.

11. Responsibility of employer.--(1) It shall be the responsibility of the employer to ensure implementation of this Act, including but not limited to incorporate the Code of Conduct for protection against harassment at the workplace as a part of their management policy and to form Inquiry Committee referred to in Section 3 and designate a competent authority referred to in Section 4.

(2) The management shall display copies of the Code in English as well as in language understood by the majority of employees at conspicuous place in the organization and the work place within six months of the commencement of this Act.

(3) On failure of an employer to comply with the provisions of this section any employee of an organization may file a petition before the District Court and on having been found guilty the employer shall be liable to fine which may extend to one hundred thousand rupees but shall not be less than twenty-five thousand rupees.

12. Provisions of the Act in addition to and not in derogation of any other law.--The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force.

13. Power to make rules.--The Government of Gilgit-Baltistan may make rules to carryout the purposes of this Act.

SCHEDULE

[See Sections 2(c) and 11]

CODE OF CONDUCT FOR PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE

WHEREAS it is expedient to make the Code of Conduct at the Workplace etc to provide protection and safety to women against harassment it is hereby provided as under:--

(i) The Code provides a guideline for behavior of all employees, including management, and the owners of an organization to ensure a work environment free of harassment and intimidation;

(ii) "Harassment" means any unwelcome sexual advance, request for sexual favors or other verbal or written communication or physical conduct of a sexual nature, or sexually demeaning attitudes, causing interference with work performance or creating an intimidating, hostile or offensive work environment, or the attempt to punish the complainant for refusal to comply to such a request or is made a condition for employment;

The above is unacceptable behavior in the organization and at the workplace, including in any interaction or situation that is linked to official work or official activity outside the office.

Explanation:

There are three significant manifestations of harassment in the work environment:

(a) Abuse of authority:

A demand by a person in authority, such as a supervisor, for sexual favors in order for the complainant to keep or obtain certain job benefits, be it a wage increase, a promotion, training opportunity, a transfer or the job itself.

(b) Creating a hostile environment:

Any unwelcome sexual advance, request for sexual favors or other verbal or physical conduct of a sexual nature, which interferes with an individual's work performance or creates an intimidating, hostile, abusive or offensive work environment.

The typical "hostile environment" claim, in general, requires finding of a pattern of offensive conduct, however, in cases where the harassment is particularly severe, such as in cases involving physical contact, a single offensive incident will constitute a violation.

(c) Retaliation:

The refusal to grant a sexual favor can result in retaliation, which may include limiting the employee's options for future promotions or training, distorting the evaluation reports, generating gossip against the employee or other ways of limiting access to his/her rights. Such behavior is also a part of the harassment.

(iii) An informal approach to resolve a complaint of harassment may be through mediation between the parties involved and by providing advice and counseling on a strictly confidential basis;

(iv) A complainant or a staff member designated by the complainant for the purpose may report an incident of harassment informally to her supervisor, or a member of the Inquiry Committee, in which case the supervisor or the Committee member may address the issue at her discretion in the spirit of this Code. The request may be made orally or in writing;

(v) If the case is taken up for investigation at an informal level, a senior manager from the office or the head office will conduct the investigation in a confidential manner. The alleged accused will be approached with the intention of resolving the matter in a confidential manner;

(vi) If the incident or the case reported does constitute harassment of a higher degree and the officer or a member reviewing the case feels that it needs to be pursued formally for a disciplinary action, with the consent of the complainant, the case can be taken as a formal complaint;

(vii) A complainant does not necessarily have to take a complaint of harassment through the informal channel. She can launch a formal complaint at any time;

(viii) The complainant may make formal complaint through her incharge, supervisor, CBA nominee or worker's representative, as the case may be, or directly to any member of the Inquiry Committee. The Committee member approached is obligated to initiate the process of investigation. The supervisor shall facilitate the process and is obligated not to cover up or obstruct the inquiry;

(ix) Assistance in the inquiry procedure can be sought from any member of the organization who should be contacted to assist in such a case;

(x) The employer shall do its best to temporarily make adjustments so that the accused and the complainant do not have to interact for official purposes during the investigation period. This would include temporarily changing the office, in case both sit in one office, or taking away any extra charge over and above their contract which may give one party excessive powers over the other's job conditions. The employer can also decide to send the accused on leave, or suspend the accused in accordance with the applicable procedures for dealing with the cases of misconduct, if required;

(xi) Retaliation from either party should be strictly monitored. During the process of the investigation work, evaluation, daily duties, reporting structure and any parallel inquiries initiated should be strictly monitored to avoid any retaliation from either side;

(xii) The harassment usually occurs between colleagues when they are alone, therefore usually it is difficult to produce evidence. It is strongly recommended that staff should report an offensive behavior immediately to someone they trust, even if they do not wish to make a formal complaint at the time. Although not reporting immediately shall not affect the merits of the case; and

(xiii) The Code lays down the minimum standards of behavior regarding protection of women from harassment at workplace etc but will not affect any better arrangement that an organization may have developed nor will it bar the grant of protection that employees working in an institute may secure from their employers through negotiation.

STATEMENT OF OBJECTS AND REASONS

The objective of this Act is to create a safe working environment for women, which is free of harassment, abuse and intimidation with a view toward fulfillment of their right to work with dignity. It will also enable higher productivity and a better quality of life at work. Harassment is one of the biggest hurdles faced by working women preventing many who want to work to get themselves and their families out of poverty. This Act will open the path for women to participate more fully in the development of this country at all levels.

This Act builds on the principles of equal opportunity for men and women and their right to earn a livelihood without fear of discrimination as stipulated in the Constitution. This Act complies with the Government's commitment to high international labour standards and empowerment of women. It also adheres to the Human Rights Declaration, the United Nation's Convention for Elimination of all forms of Discrimination Against Women and ILO's convention 100 and 111 on workers' rights. It adheres to the principles of Islam and all other religions in our country which assure women's dignity.

This Act requires all public and private organizations to adopt an internal Code of Conduct and a complain/appeals mechanism aimed at establishing a safe working environment, free of intimidation and abuse, for all working women. It shall also establish an Ombudsman in Gilgit-Baltistan.

--------------------

ACT NO. II OF 2013

GILGIT BALTISTAN CHILD PROTECTION AND WELFARE ACT, 2013

An Act to provide for the protection of children from violence, harm, injury, abuse, neglect or negligent treatment, maltreatment and exploitation in Gilgit-Baltistan.

[Gazette of Pakistan, Extraordinary, Part-I, 18^th September, 2013]

WHEREAS it is expedient to provide for the protection of children from all forms of physical or mental violence, harm, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse;

AND WHEREAS it is expedient to provide for care, maintenance, welfare, training, education, reintegration and rehabilitation to such children to the maximum extent possible to ensure their survival and development;

It is hereby enacted as follows:--

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement.--(1) This Act may be called the Gilgit-Baltistan Child Protection and Welfare Act No. II of 2013.

(2) It shall extend to the whole of the Gilgit-Baltistan.

(3) It shall come into force at once.

2. Definitions.--(1) In this Act, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say--

(a) "begging" means--

(i) soliciting or receiving alms in a public or private place;

(ii) exposing or exhibiting any sore, wound, injury, deformity or disease with the object of obtaining or extorting alms; and

(iii) having no visible or known means of subsistence and found wandering about with the ostensible object of soliciting or receiving alms;

(b) "The best interest of a child" Where there is a reference in this Act to "the best interest of the child", the factors to be taken into account in determining the child's best interests shall include;

(i) the child's right to be protected from abuse, neglect and harm or threat of harm;

(ii) the welfare, well being and safety of the child;

(iii) the child's physical and emotional needs and level of development;

(iv) the child's family to be considered as the preferred environment for the care and upbringing and the responsibility for the protection of the child to rest primarily with the parents;

(v) the quality of the relationship the child has with a parent or other any other person and the effect of maintaining that relationship;

(vi) the child's religious, cultural and spiritual views;

(vii) the child's level of education and educational requirements;

(viii) the child is given the opportunity to freely express his own views and opinion and these views are to be given due weight; and

(ix) the effect on the child of a delay in making a decision.

(c) "Brothel" means any house, part of a house, room or place in which a prostitute carries on prostitution, as defined in West Pakistan Suppression of Prostitution Ordinance 1961, or any place where facilities are available for prostitution;

(d) "Child" for the purpose of this Act means a natural person who has not attained the age of eighteen years;

(e) "Child at risk" means a child in need of protection who:--

(i) is at risk, including an orphan, child with disabilities, child of migrant workers, child working and or living on the street, child in conflict with the law and child living in extreme poverty;

(ii) is found begging; or

(iii) is found without having any home or settled place of abode or without any ostensible means of subsistence; or

(iv) has a parent or guardian who is unfit or incapacitated to exercise control over the child; or

(v) lives in a brothel or with a prostitute or frequently visits any place being used for the purpose of prostitution or is found to associate with any prostitute or any other person who leads an immoral or depraved life; or

(vi) is being or is likely to be abused or exploited for immoral or illegal purposes or gain; or

(vii) is beyond the parental control; or

(viii) is imprisoned with the mother or born in jail;

(ix) has lost his parents or one of the parents and has no adequate source of income; or

(x) is victim of an offence punishable under this Act or any other law for the time being in force and his parent or guardian is convicted or accused for the commission of such offence; or

(xi) is left abandoned by his parent or parents as the case may be, which will include a child born out of wedlock and left abandoned by his parent;

(f) "child pornography" means taking, permits to be taken, with or without the consent of the child, any photograph, film, video, picture or representation, portrait, or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of obscene or sexually explicit conduct, where--

(i) the production of such visual depiction involves the use of a minor engaging in obscene or sexually explicit conduct; or

(ii) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaged in obscene or sexually explicit conduct; or

(iii) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in obscene or sexually explicit conduct, preparation, possession or distribution of any data stored on a computer disk or any other modern gadget;

(g) "Child Protection Institution" means an institution or organization for the admission, care, protection and rehabilitation of children at risk, established or recognized under this Act or the rules made thereunder;

(h) "Child Protection Officer" means a person appointed as Child Protection Officer under Section 9;

(i) "Child Protection Commission" means the Child Protection Commission established for a local area under Section 7;

(j) "Child Trafficking" means:

(i) the recruitment, sale, supply, transportation, transfer, harboring or receipt of children, within or across the borders or from one place to another within Pakistan by any means, including the use of threat, force or other forms of coercion, abduction, fraud, deception, abuse of power or the giving or receiving of payments or benefits to achieve the consent of a person having control of a child; or due to a position of vulnerability, for the purpose of exploitation; and

(ii) includes the adoption of a child facilitated or Secured through illegal means.

(k) "Code" means the Code of Criminal Procedure, 1898 (Act V of 1898);

(l) "corporal punishment" means any punishment in which physical force is used and intended to cause some degree of pain or discomfort, how light it may be, which may involve hitting ("smacking", "slapping", "spanking") a child, with the hand or with an implement (a whip, stick, belt, shoe, wooden spoon, etc) including kicking, shaking or throwing a child, scratching, pinching, biting, pulling hair or boxing ears, forcing a child to stay in uncomfortable positions, burning, scalding or forced ingestion (for example, washing a child's mouth out with soap or forcing him to swallow hot spices), including but not limited to:

(i) "assault" as defined in Section 351 of the Pakistan Penal Code (Act, XIV of 1860) hereinafter referred to in this section "as the said Code”;

(ii) "hurt" as defined in Section 332 of the said Code;

(iii) "criminal force" as defined in Section 350 of the said Code; and

(iv) other non-physical forms of punishment which are cruel and degrading, for example, punishment which belittles, humiliates, denigrates, scapegoats, threatens, scares or ridicules the child.

(m) "Fosterage" means breast feeding and nurturing of an infant by a women (who is not the natural mother of that infant) according to Islamic tenants;

(n) "Fund" means the Children Protection and Welfare Fund established under Section 15;

(o) "Governing Board" means the Governing Board established under Section 6;

(p) "Government" means the Government of the Gilgit-Baltistan;

(q) "Member" means a member of the Governing Board;

(r) "Narcotic drug" means any article defined as narcotic drug in the Control of Narcotic Substance Act, 1997 (Act No. XXV of 1997);

(s) "Prescribed" means prescribed by rules or regulations made under this Act; '

(t) "Protection" means care shelter maintenance, education and provision of parental/family environment, this will also include an infant given in fosterage;

(u) "Region" means the self-governed region of the Gilgit Baltistan;

(v) "Regulations and rules" means regulations and rules made under Section 64 of this Act;

(w) "Section" means a section of this Act;

(x) "Sexual abuse" means employing, using, forcing, persuading, inducing, enticing, or coercing any child to engage in, or assisting any other person to engage in fondling, stroking, caressing, exhibitionism, voyeurism or any obscene or sexually explicit conduct or stimulation of such conduct either independently or in conjunction with other acts, with or without his consent;

(y) "Suitable person" means a person declared by the Court suitable, in the best interest of the child, for entrustment with the custody of a child at risk; and

(z) "Child marriage" means a marriage to which either of the contracting parties is a child.

(2) Words and expressions used and defined under this Act, if defined under any other law for the time being in force shall be considered in addition to this section and not in derogation thereof and any words and expressions used in this Act but not defined shall have the same meaning respectively assigned to them in Code or the Juvenile Justice System Ordinance, 2000 (Ordinance No. XXII of 2000) or in any other relevant Federal or Gilgit-Baltistan Law.

3. Jurisdiction.--This Act shall apply to;

i. All children within the territorial limits of the Gilgit-Baltistan, whether or not citizens of Pakistan; and

ii. Any child at risk who is physically present within the area where this Act applies.

CHAPTER II
INSTITUTIONAL ARRANGEMENTS

4. Child Protection Commission.--(1) The Government shall establish a Child Protection Commission, which will be headed by Chief Child Protection Officer.

(2) The Commission shall be a body corporate, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire land in accordance with law and hold properties both movable and immovable and may sue and be sued by the said name.

(3) The Government may transfer state land or building, free of cost, to be utilized for the purpose for which the Commission is established.

5. Functions of Child Protection Commission.--(1) Subject to the provisions of this Act, the Child Protection Commission shall perform the following functions:

(a) to act as a focal point for effective supervision and coordination of child rights matters at regional and local levels, and approve activities programmes and plans for the development, protection, survival, participation and rehabilitation of children at risk;

(b) to supervise and oversee implementation of policies for the prevention, protection, rehabilitation and reintegration of children at risk;

(c) to ensure implementation of child protection, welfare and rights including prevention of child labor, child sexual abuse, child sexual exploitation, prostitution, child pornography, child trafficking and any form of violence against children and to take necessary measures;

(d) to supervise the district Child Protection Cells;

(e) to establish, manage and recognize Child Protection Institutions to provide protective measures, inter alia, food and shelter, education and training to the children at risk;

(f) to arrange and mobilize financial resources, through annual development programme and through national and international agencies, for programs relating to child protection, welfare and rights;

(g) to improve rules and procedures concerning compulsory birth registration and registration of children without birth documents including registration of an abandoned child with the Government filling for his parentage;

(h) to set minimum standards for Child Protection Institutions for the purpose of their recognition and for residential care and juvenile detention facilities for the purpose of regular monitoring of each such institution;

(i) to develop a uniform structure for data collection and computerized data recording, to facilitate evidence-based policy formulation;

(j) to constitute such committees as it deems necessary and delegate any of its powers and functions or assign duties in connection to its powers and functions for giving effect to the provisions of this Act; and

(k) to coordinate with the recognized body relevant to Child Rights at national level;

(l) to review all applicable laws, rules and regulations affecting the status and rights of children and propose new laws in this behalf, wherever necessary, to safeguard and promote the interest of children in accordance with the Constitution of the Islamic Republic of Pakistan and obligations under international covenants and commitments.

(m) to provide technical and other support in the interests of children to the Government Departments, local governments or civil society organizations and create awareness and educate the public about the status of Children at risk through print and electronic media as well as holding lectures and seminars, etc.;

(n) to do all such acts and things as are ancillary or incidental to any of the functions stated above and any other functions, which may be assigned to it by Government.

6. Governing Board.--(1) The Government shall appoint a Governing Board of the Child Protection Commission.

(2) The composition of the Governing Board shall be as follows:

(a) Minister for Planning and Development Department;	Chairman
(b) Secretary to Government, Planning and Development Department;	Vice-Chairman
(c) Secretary to Government, Education, Social Welfare and Women Development;	Ex-officio Member
(d) Secretary to Government, Finance Department;	Ex-officio Member
(e) Secretary to Government, Home and Prisons Department;	Ex-officio Member
(f) Secretary to Government, Local Government, Rural Development and Census Department;	Ex-officio Member
(g) Secretary to Government, Health and Population Welfare Department;	Ex-officio Member
(h) Secretary to Government, Law and Prosecution Department;	Ex-officio Member
(i) Seven persons from civil society organizations, Members of Gilgit-Baltistan Legislative Assembly, Lawyers and Ulema;	Ex-officio Member
(j) Chief Child Protection Officer;	Ex-officio Member

(3) The persons appointed under clause (i) of sub-section (2) shall be appointed by Government, who shall be the persons of renowned reputation, including at least three women and at least two from civil society organizations;

(4) Members of the Governing Board, other than ex-officio members, shall hold office for a period of three years and may serve on the Governing Board for not more than two consecutive terms.

(5) The Governing Board shall meet at minimum on quarterly basis at such time and place and observe such rules of business as may be prescribed by rules.

(6) The Chairman shall preside over the meeting and in his absence any other member of the Governing Board, to be elected by the present members, shall preside over the meeting.

(7) Seven members including at least three ex-officio members shall constitute quorum for a meeting of the Governing Board.

(8) All decisions in a meeting shall be taken by majority of votes and the Chairman shall have the casting vote in case of equality of votes.

(9) Government may remove any member, appointed under clause (i) of sub-section (2), during the tenure of his office in the manner as may be prescribed by rules.

(10) Any vacancy caused due to death, resignation or removal of a member, other than an ex-officio member, shall be filled in by Government within one month time through appointment of another person as member and such appointee shall, hold such office for the unexpired term of his predecessor.

(11) Any member other than ex-officio members may resign from his office by tendering his resignation to Government.

7. Powers of the Governing Board.--(1) The Governing Board will exercise all powers of the Commission, provided by this Act.

(2) The Governing Board may authorize the employees of Child Protection Commission, district Child Protection Cells, or Child Protection Institutions for the performance of its functions under this Act.

8. Assistance to the Child Protection Commission.--All the executive authorities and citizens shall act in aid and assistance of the Child Protection Commission in the performance of its functions.

9. Chief Child Protection Officer.--(1) There shall be a Chief Child Protection Officer to be appointed by the Governing Board, on such terms and conditions as may be prescribed by rules.

(2) The Chief Child Protection Officer shall be the Chief Executive of the Child Protection Commission and shall be provided with such staff and facilities as the Governing Board may consider necessary or as approved by the Government.

(3) The minimum qualifications necessary for the appointment to the post of the Chief Child Protection Officer shall be such as may be prescribed by rules.

(4) The Chief Child Protection Officer shall exercise such powers and perform such functions as may be prescribed by rules.

(5) The term of office of the Chief Child Protection Officer shall be renewable for a period of three years:

Provided that Chief Child Protection Officer may resign, during the term of his office, by tendering his resignation in writing to Government:

Provided further that on the advice of the Governing Board, Government may on grounds of inefficiency or misconduct and in accordance with the prescribed procedure, terminate the services of the Chief Child Protection Officer.

10. Annual progress report.--(1) The Chief Child Protection Officer shall prepare an annual progress report at the end of each financial year, within one month and not later than three months from the closing date of the financial year, and shall circulate it to all the members of the Governing Board.

(2) The report as circulated shall be considered in the coming meeting of the Governing Board and after approval shall be submitted to the Legislative Assembly for appraisal.

(3) The annual progress report should also be made public through appropriate means.

11. District Child Protection Cells.--(1) The Commission shall also establish a District Child Protection Cell in each district, which will work under the Child Protection Commission.

(2) The Social Welfare Officer of the respective District shall be the incharge of the Child Protection Cell, who shall be assisted by Child Protection Officers, to be appointed by the Governing Board as provided under Section 13 of this Act.

(3) The Social Welfare Officer shall be assisted by such other members as may be determined by the Governing Board.

(4) The tenure and terms and conditions of the members shall be such, as may be prescribed by rules.

12. Functions of district Child Protection Cells.--Save as otherwise provided under this Act, the District Child Protection Cells shall perform the following functions:

(a) Safeguard and promote the interests of children at risk within the area of their operation;

(b) Promote the upbringing of children by their families;

(d) Receive and assess complaints against persons allegedly abusing children either directly or through any person or official;

(e) Providing appropriate support services to child victims throughout the legal process including legal aid;

(f) Assess the situation of children who are at risk;

(g) Take such action under this Act as is necessary to protect children who are at risk;

(h) Develop and deliver a range of appropriate services for children at risk, including community based services, preventive services, rehabilitative and reintegration services, counseling and family support services, services for children temporarily and permanently deprived of their families, and services for children in conflict with the law and children living with their imprisoned mothers;

(i) Deliver a fostering service for children who are in the care of the Cell and living away from the family home;

(j) Provide an after care service to children who are under special guardianship or who have been under the care of the Cell;

(k) Reduce criminal offending by children by:

(i) making available services and programs for children at risk of offending;

(ii) making available services to advise and assist parents in managing their children's behavior;

(iii) making available services and accommodation for children who would otherwise be placed in pre-trial detention;

(iv) make available services to assist children to reintegrate after committing an offence and to reduce the likelihood of offending.

(l) Administer children's homes established by the Government within the area of their operation and coordinate with such facilities established by civil society organizations;

(m) Comply with all regulations and such minimum quality standards issued by the Government or such other body as the Government may appoint, as may, from time to time, be applicable;

(n) Seek assistance of any other department or organisation necessary for the assessment of a child;

(o) Maintain and update records of all its activities and transmit the same regularly to the Child Protection Commission;

(p) In consultation and under direction from the Child Protection Commission, be responsible for the implementation and monitoring of family-based care for separated and unaccompanied children in emergency situations, with a focus on infants, orphans and disabled children; and

(q) Follow such other instructions and directions of the Child Protection Commission as may be issued to it from time to time for carrying out the purposes of this Act.

(r) Assist the Child Protection Commission in developing the annual intervention plan and report on its implementation on quarterly basis;

(s) Maintain and update record of all its activities and transmit the same regularly to the Child Protection Commission;

(t) Follow-up of children at risk after their release from the Child Protection Institution or jail, as the case may be, for about six months; and

(u) Provide preventive and protective services and programs of as per evolving needs.

13. Child Protection Officer.--(1) The Governing Board may, for carrying out the purposes of this Act, appoint as many Child Protection Officers for each District, on such term and conditions, as may be prescribed by rules.

(2) Subject to the provisions of this Act and of any rules made there under, a Child Protection Officer may, within the local limits for which he is appointed, and in any other area with the permission of the Governing Board,--

(a) inspect any Child Protection Institution or any other such establishment or building where shelter, training facilitation offered or purported to be offered to children at risk, run under governmental or non-governmental organization, the means employed for livelihood of such children, their living conditions and all relevant record etc;

(b) enter and search, with police assistance, if any, as he deems necessary, any building, premises or place, in which he has reason to believe that an offence under this Act or any rules made thereunder has been or is being committed or may continue to be committed;

(c) seize such materials and articles which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act or any rules made thereunder;

(d) call any person to be present as witness in the course of search in connection with any other matter under this Act where the presence of witnesses is necessary; and

(e) exercise such other powers as the Governing Board may delegate to it, for carrying out the purposes of this Act or any rules made there under:

Provided that the powers under clause (a) of this sub-section shall be exercisable only by a Child Protection Officer specifically authorized in this behalf, by an order in writing, by Government, subject to such conditions as may be specified in such order.

(3) The provisions of the Code shall apply to searches and seizures made under this Act.

(4) The Child Protection Officer may request Police to register First Information Report or Complaint against any person or persons who have committed any offence under this Act.

14. Establishment and recognition of Child Protection Institutions.--(1) The Commission may establish, recognize, manage, maintain and control one or more Child Protection Institutions at such place or places in the region, as it deems fit.

(2) The Commission may authorize any person or a body of persons to inspect, check and supervise any Child Protection Institution as to whether it is functioning in accordance with the provisions of this Act and the rules made thereunder.

(3) Every Child Protection Institution shall have specialized and well-equipped separate arrangements for the reception of children at risk.

(4) The Child Protection Institution shall not only provide the children at risk with accommodation, treatment, maintenance and facility for education, but also provide him the facility for the development of his character and abilities and give him necessary training for protecting himself against moral dangers or exploitations.

(5) The Child Protection Institution shall perform such other functions as may be prescribed by rules.

(6) In case a Child Protection Institution is found acting in contravention of the provisions of this Act, the rules or the regulations, the Chief Protection Office may pass such orders as it deems fit for the proper management or maintenance of such institution or its complete disbandment.

(7) No order shall be passed by the Governing Board under sub-section (6) of this section, unless the management thereof is provided with an opportunity of hearing.

(8) In case an order has been passed against any Child Protection Institution under sub-section (6), the institution will have the right to file an appeal to the Governing Board against the order of the Chief Child Protection Officer.

15. Child Protection and Welfare Fund.--(1) The Governing Board shall establish a Fund to be known as "Child Protection and Welfare Fund".

(2) The Fund shall consist of grant, donation, endowment and bequest received from any source by the Governing Board for the care, protection, maintenance, welfare, training, education, rehabilitation and reintegration of children at risk.

16. Audit of the Fund.--(1) The Fund shall be kept, operated, spent and audited in such manner as may be prescribed by rules.

(2) Without prejudice to the requirement of audit by an auditor appointed by Government in accordance with the provisions of any other law for the time being in force, the annual audited statement of accounts of such fund shall be prepared in conformity with the Generally Accepted Accounting Principles (GAAP) by a qualified firm of Chartered Accountants and signed by the Chairman of the Governing Board. The annual audited statement of accounts so prepared shall be submitted to the Gilgit-Baltistan Accounts Committee and may also be available to general public as soon as such report is prepared.

17. Children Protection Court.--(1) Government may in consultation with Gilgit-Baltistan Chief Court by notification in the official Gazette notify different Courts of Sessions as Child Protection Courts under this Act.

(2) The Gilgit-Baltistan Chief Court may confer powers of the Court for a local area upon a Sessions Judge or an Additional Sessions Judge, as appears to it to be a appropriate for the purposes of this Act.

18. Powers and Functions of the Court.--(1) The Court may issue orders in respect of handing over the custody of a child at risk that is brought before him, either to his parents, guardian, a suitable person or a Child Protection Institution, as the case may be.

(2) The Court shall inform the child at risk of the situation and obtain his views before making an order in respect of his custody and care.

(3) The Court shall, before making an order in respect of protection and care of a child at risk, consider continuity in his upbringing and take into consideration the ethnic, religious, cultural, linguistic background and all other relevant factors in the best interest of the child at risk.

(4) While making the orders under this Chapter, the Court shall prefer keeping the child at risk in parental care, or extended family care, or non-kinship care than placement of a child at risk in a Child Protection Institution.

(5) During the trial period, the Court shall monitor the status of the child at risk through reports submitted by the Child Protection Officers, any officer authorized by the Governing Board or through requiring the appearance of a child at risk and the person responsible for his custody and care before itself.

(6) The Court shall finally decide a case within four months from the date of production of a child at risk before it. In case of any delay, the Court shall communicate, in writing, to the concerned Sessions Judge, the reasons, if any, of the delay.

(7) Appeal against the orders of the Court shall lie to the Chief Court within thirty days of the judgment.

(8) The Chief Court may, at any time, either of its own motion or on an application received in this behalf, call for the record of any proceeding in which any Court of Sessions has passed an order for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it thinks fit, provided that the Chief Court shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.

19. False, frivolous or vexatious information.--(1) If information in respect of a child at risk has been laid before a Court by any person and the Court after such inquiry as it deems necessary, is of the opinion that such information is false, frivolous or vexatious, the Court may, for reasons to be recorded in writing, direct that compensation, not exceeding one hundred thousand rupees, be paid by such informer to the aggrieved person against whom the information was laid.

(2) Before making any order for payment of compensation, the Court shall call upon the informer to show-cause why he should not pay compensation.

(3) The Court may, by its order directing payment of compensation, further order that in case of default, the person held liable for compensation shall suffer simple imprisonment for a term not exceeding one year.

(4) When an order for payment of compensation is made under sub-section (1), the compensation shall not be paid before the expiry of one month in order to allow sufficient time to appeal against such order.

20. Transfer of cases in the interest of justice.--Whenever it appears to the Court while dealing with a matter under this Act that:--

(a) a fair and impartial trial cannot be held by it or holding trial will cause inconvenience to the parties or witnesses; or

(b) trial by some other Court or at some other place is expedient for the ends of justice and is in the best interest of child, the Court shall report the matter to the concerned High Court or the District Judge, as the case may be, for transfer of the case to another Court after hearing the parties.

CHAPTER III

CHILD PROTECTION PROCESSES & PROCEDURES

21. Initiation of proceedings.--(1) Proceedings under this part of the Act can only be initiated in respect of a child at risk who has not attained the age of eighteen years notwithstanding that during the course of such proceedings he may have attained the age of eighteen years.

(2) In case of any dispute as to the age of a child at risk, the Court shall decide the same in the first instance based on the medical report of the Medical Superintendent of the district concerned whose advice about the age of the child at risk shall be final for the purposes of this Act.

22. Rescue of child at risk.--Subject to Section 21, a Child Protection Officer upon information or complaint, may take into protection a child at risk and shall produce him before the Court within twenty-four hours of taking the child at risk into such protection:

Provided that where a child at risk is in the protection of his parent or guardian, the officer shall not take him into protection but shall in the first instance, make a report to the Court:

Provided further that the first proviso shall not be applicable in case of a child at risk, who is found begging or he is a victim of an offence alleged to have been committed by his parents or guardian.

23. Court may direct production of child at risk by parents or guardian.--(1) The Court to which a report is made under the first proviso to Section 22, may call upon such parent or guardian to produce the child at risk before it and show cause as to why the child at risk should not, during the pendency of the proceedings, be removed from his protection and may order that the child at risk to be admitted in a Child Protection Institution, or on suitable surety being offered for the safety of child at risk and for his being brought before it, permit the child at risk to remain in the protection of his parents or guardian.

(2) Where it appears to the Court that the child at risk is likely to be removed from the jurisdiction of the Court or is concealed, it may issue a search warrant for the production of the child at risk, and order his immediate admission to a Child Protection Institution.

24. Examination of person producing or reporting.--(1) The Court before which a child at risk is brought under Section 22 or is produced under Section 23, shall examine on oath the person who has brought the child at risk or made the report and record the substance of such examination and may order the admission of the child at risk to a Child Protection Institution pending any further inquiry, if any.

(2) On the date fixed for the production of the child at risk for the inquiry or on any subsequent date to which the proceedings may be adjourned, the Court shall hear and record substance of evidence which may be adduced and consider any cause which may be shown rendering admission of a child at risk necessary to Child Protection Institute.

25. Reports to be treated as confidential.--Any reports pertaining to the child at risk shall be treated as confidential from the initiation of proceeding up to disposal of case but the substance of that report shall be open to the child at risk, his parents, guardian or extended family member or other parties concerned.

26. Prohibition of publication of names, etc., of child at risk involved in any proceeding under this Act.--(1) No report in any newspaper, magazine or news sheet of any assessment regarding a child at risk under this Act shall disclose the name, address or school or any other particulars, which lead to the identification of the child at risk nor shall any picture of the child at risk be published:

Provided that for reasons to be recorded in writing, the authority holding the assessment may permit such disclosure, if in its opinion such disclosure is in the interest of the child at risk.

(2) Any person contravening the provisions of sub-section (1) shall be punished with fine which may extend to ten thousand rupees.

27. Entrustment of protection of a child at risk.--(1) If the Court is satisfied that the child at risk brought before it, is in need of protection and that it is expedient to deal with him, the Court may order that he be admitted to a Child Protection Institution or his protection be entrusted to a suitable person, who is able and willing to look after the child at risk, until such time as the Court deems fit.

(2) The Court which makes an order for entrusting a child at risk in the custody of a suitable person may, when making such an order, require such person to execute a bond with or without sureties and an undertaking that makes him liable for the protection, of the child at risk and for the observance of such other conditions as the Court may impose for ensuring the welfare of the child at risk.

(3) The Court that makes an order for entrusting a child at risk to a suitable person may order him for submission of periodical reports of welfare of the child at risk to the Court through Child Protection Officer.

(4) The Court may from time to time during the protective care of a child at risk, compel the production of child at risk in the Court to satisfy itself that the conditions of such protection are being carried out.

(5) If at any time it appears to the Court from information received from any source that there has been a breach of any condition contained in the bond, it may, after making such inquiry as it deems fit, order the child at risk to be admitted into a Child Protection Institution or be entrusted to the protective care of any other suitable person.

28. Sending of child at risk having place of residence outside jurisdiction.--(1) In the case of a child at risk whose ordinary place of residence is not within the jurisdiction of Court, the Court may direct that the child at risk be kept in such protective care and be produced before a Court having territorial jurisdiction over the place of residence of the child at risk or to deal with his protective care in any other manner provided in this Act.

(2) Where a child at risk is produced before a Court on the direction of any other Court given under the foregoing provision of this section, such Court may regulate the protection of the child at risk as if the child at risk has been produced before it in terms of Section 21 of this Act.

29. Warrant to search for a child at risk.--(1) If it appear to a Court from information received on oath or solemn affirmation laid by any person who, in the opinion of the Court, is acting in the interest of the child at risk that there are reasons to believe that a child at risk needs immediate protection, the Court may issue warrant for the production of the child at risk before it.

(2) The officer executing the warrant shall be accompanied by the person laying the information, if such person so desires and may also, if the Court, by whom the warrant is issued so directs, be accompanied by a duly qualified medical practitioner or the police or both.

(3) If any child at risk is brought before the Court and the Court is satisfied that the child at risk is in need of protection, it may deal with his protective care in accordance with the provisions of this Act.

30. Period of protective care.--Subject to any order of the Court or any direction of the Governing Board, a child at risk ordered to be admitted to a Child Protection Institution shall be kept in the Child Protection Institution till he attains the age of eighteen years.

31. Contribution of parents.--(1) Where an order has been made for the admission of a child at risk into a Child Protection Institution or giving the protection of the child at risk to a suitable person, the Court may direct a parent, in a suitable case, to pay maintenance of the child at risk at such rates as may be determined by the Court:

Provided that while passing any such order, the Court shall take into consideration the capacity of the parents to pay maintenance.

(2) In case of non-compliance of direction for the payment of maintenance issued under sub-section (1), the Court may recover the amount from the parent as arrears of land revenue.

CHAPTER IV

JUVENILE JUSTICE

32. Sentencing in respect of a child below the age of fifteen.--A child below the age of fifteen, when convicted may be:--

(i) ordered to perform a community service, through probation officer, if the offender is above the age of fourteen, up to the half of the imprisonment prescribed for the offence; or

(ii) fined;

Provided that there shall be no imprisonment in default of the payment of the fine:

Provided further, the Juvenile Court may combine the sentences.

(2) The Court may order that the fine may be paid from the Fund if it is satisfied that the child is destitute, without parental care and his parents or lawful guardians are incapable of making payment on his behalf.

33. Sentencing in respect of a child above the age of fifteen and below the age of eighteen.--A child above the age of fifteen and below the age of eighteen when convicted shall be treated in accordance with the provisions of Juvenile Justice System Ordinance, 2000 (Order, No. XXII of 2000); provided that the Court may order the community service up to the imprisonment period prescribed for the offence.

CHAPTER V

OFFENCES & PUNISHMENT

34. Protection of child against child marriage.--Whoever being an adult enter into, facilitate, performs, conducts or directs a child marriage shall be punished with imprisonment for a term which may extend to five years and with fine which may extend to one hundred thousand rupees.

35. Abolishment of corporal punishment.--Corporal punishment stands abolished in all its kinds and manifestations and its practice in any form is prohibited.

36. Punishment for corporal punishment.--Whosoever causes or permits to cause corporal punishment, through omission or commission, in any form, under any circumstances or for any purpose, to a child, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees, or with both.

37. Fraud or deceit on a child.--Whosoever, by words, spoken or written, or by signs or otherwise, incites, attempts to incite, deceits or allows a child to engage in any activity which is harmful for the physical, mental, emotional, economic and social well being of a child shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to one hundred thousand rupees or both.

38. Violence against a child.--Whosoever, commits an act which cause or intend to cause, harm, pain, suffering or humiliation to a child, destroys, defiles or diminishes the value of any property belonging to him, is said to have committed an offence of violence.

39. Punishment for violence.--Whosoever, commits violence against a child shall be punished with imprisonment for a term which may extend to three years and with fine which may extend to one hundred thousand rupees; provided that if the offence is committed by a group of more than two persons, the term of imprisonment which may extend to ten years each with a fine which may extend to one hundred thousand rupees each.

40. Harmful practices.--Whosoever, coerces or induces any child to indulge in or to undertake any activity or vocation for the purposes of complying with a tradition or a custom, which is or might be dangerous, harmful, hazardous or otherwise improper for any child, shall be guilty of the offence of harmful practice.

41. Punishment for harmful and abusive practices.--Whosoever commits the offence of harmful practice shall be punished with imprisonment for a term which may extend to three years or fine which may extend to one hundred thousand rupees or both.

42. Dealing in organs of a child.--(1) Whosoever illegally sells, purchases, delivers, transports, imports, exports, keeps or deals in any manner whatsoever in organs of a child, directly or indirectly, with or without consideration, or aids or abets in the commission or omission of the above, shall be guilty of an offence.

(2) Notwithstanding anything contained in sub-section (1) of this section an act of implantation or transplantation of organs or tissues from the body of a living child, if authorized by qualified medical experts and conducted under their supervision in accordance with the standards of medical profession in the best interest of the child, shall not constitute an offence.

43. Punishment for dealing in organs of a child.--Whosoever, commits the offence of dealing in organs of a child may be punished with sentence of death or imprisonment for life and shall also be liable to fine which may extend to one million rupees.

44. Unauthorized custody.--Whosoever takes a child at risk, into his custody in contravention of the provisions of this Act, shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to fifty thousand rupees or with both.

45. Punishment for attempting to commit an offence.--Whosoever attempts to commit an offence punishable under this Act or to cause such an offence to be committed, shall be punished with the punishment provided for that offence.

46. Cruelty to a child.--Whoever, not being a parent, having the actual charge of or control over a child, willfully assaults, ill-treats, neglects, abandons or exposes him to be assaulted physically, or negligently fails to provide adequate food, clothes or medical aid, or behaving with the child in a manner likely to cause such child unnecessary mental and physical suffering, shall be punished with rigorous imprisonment for a term which may extend to three years and shall also be liable to a fine which may extend to fifty thousand rupees:

Provided that where some reasonable punishment, not corporal punishment, in good faith is administered to a child by the person having lawful control or protective care of the child as parents normally would do for the betterment of the child, it shall not be deemed to be an offence under this section,

47. Employing child for begging.--Whoever employs any child for the purpose of begging or causes any child to beg or whoever having the protective care of a child connives at or encourages his employment for the purpose of begging, shall be punished with rigorous imprisonment for a term which may extend to three years and shall also be liable to a fine which may extend to fifty thousand rupees.

48. Giving intoxicating liquor or narcotics drug to child.--Whoever gives or causes to be given to any child any intoxicant or narcotic drug, except upon the prescription of a duly qualified medical practitioner, shall be punished with rigorous imprisonment of either description for a term which may extend to four years and shall also be liable to a fine which may extend to fifty thousand rupees.

49. Permitting child to enter places where liquor or narcotic drugs are sold.--Whoever, with mala fide intentions--

(i) takes a child to any place where an intoxicant is served or consumed; or

(ii) being the proprietor, owner or a person in charge of such place, permits a child to enter such place; or

(iii) causes or procures a child to go to such place; shall be punished with rigorous imprisonment of either description for a term which may extend to three years and shall also be liable to a fine which may extend to fifty thousand rupees.

50. Punishment for child pornography.--Whoever commits an offence of child pornography shall be punished with rigorous imprisonment of either description for a term which may not be less than three years and may extend to seven years and also liable to fine which may not be less than two hundred thousand rupees and may extend to five hundred thousand rupees.

51. Inciting child to bet or borrow.--Whoever, by words, spoken or written, or by sign, or otherwise, incites or attempts to incite a child to make any bet or wager or to enter into or take any share or interest in any betting or wagering, shall be punished with rigorous imprisonment for a term which may extend to six months and shall also be liable to a fine which may extend to fifty thousand rupees.

52. Exposure to seduction.--Whoever seduces a child by any means whatsoever with an intent to involve him in any sexual activity or exposes him to obscene and sexually explicit material, document, a film, video or a computer generated imagine or attempts to do the aforementioned action, shall be punished with rigorous imprisonment of either description for a term which may extend to seven years or liable to fine which may extend to ten hundred thousand rupees, or with both.

53. Abetting escape of child.--Whoever--

(a) knowingly assists or induces, directly or indirectly, a child admitted to a Child Protection Institution, to escape from the institution; or

(b) knowingly harbors, conceals, connives with, assists or prevents a child from returning to a Child Protection Institution or to any person to whom the protection of the child was entrusted by the Court; shall be punished with rigorous imprisonment for a term which may extend to three years and shall also be liable to fine which may extend to fifty thousand rupees.

54. Child trafficking.--Whoever involves himself in child trafficking within Pakistan shall be punished with imprisonment for life or which shall not be less than fourteen years and shall also be liable to fine which shall not be less than five hundred thousand rupees and may extend to ten hundred thousand rupees.

55. Sexual abuse.--Whoever commits an offence of sexual abuse shall be punished with imprisonment for a term which may extend to fourteen years and shall not be less than seven years and shall also be liable to fine which shall not be less than ten hundred thousand rupees.

56. Offences under this part to be cognizable, non-bailable and non-compoundable.--(1) All offences under this chapter shall be cognizable, shall be non-bailable and non-compoundable.

(2) Nothing contained in this chapter shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence punishable under this Chapter and carries harsher punishment under that law.

(3) Whoever having been convicted of an offence under this chapter is convicted for a subsequent offence under the same section or sections shall be punished with rigorous imprisonment which shall not be less than the maximum punishment prescribed for that offence or twice the numbers of years of imprisonment and also fine which shall be twice the amount of fine provided for that offence in this chapter, whichever applicable.

57. Punishment for actions in contravention of this Act.--Whoever contravenes the provisions of this Act including any person acting under this Act or any person and institution dealing with the custody and other matters related to a child at risk shall be punished with imprisonment of either description for a term which may extend to three years or liable to fine which may extend to fifty thousand rupees or with both.

CHAPTER VI

MISCELLANEOUS

58. Discharge of a child at risk, from a Child Protection Institution or from the care of any person to whose care he was entrusted.--(1) The Court may, at any stage, on application or otherwise, discharge a child at risk from a Child Protection Institution or suitable person, as the case may be, either absolutely or on such conditions as the Court deems appropriate.

(2) The Court will review the status of children put under the custody of Child Protection Institution every six months and will make a decision whether to extend such stay.

59. Transfer between Child Protection Institutions of like nature in different parts of Pakistan.--(1) Subject to orders of Court, the Governing Board may, in consultation with the manager of a Child Protection Institution, transfer the custody of the child at risk from one Child Protection Institution to any other Child Protection Institution in any part of the region.

(2) A child at risk shall normally be kept in a Child Protection Institution that is at or nearest to his place of domicile.

(3) The Court having jurisdiction over the local area of the region where a child at risk is being kept may exercise all the powers of the Court under this Act or the rules made there under.

(4) Government may in consultation with the concerned Court direct any child at risk to be transferred from any Child Protection Institution in Gilgit Baltistan to any Child Protection Institution of like nature in any other province or region of Pakistan in respect of which Government of that province or region has made provisions similar to this Act under any law for the time being in force:

Provided that no child at risk shall be so transferred without the consent of Government of that other province or region.

60. International obligations.--Notwithstanding anything contained in this Act, the international obligations of Federal Government arising out of bilateral or multilateral agreements including treaties, with reference to child rights, liberty, care, maintenance, education, guardianship etc. by the Federal Government shall continue to be valid, binding and operative provided that anything repugnant to the Constitution of the Islamic Republic of Pakistan, 1973 shall not be binding and enforceable under this Act.

61. Officers to be public servants.--The officers appointed or authorized under this Act shall be deemed to be public servants within the meaning of Section 21 of the Pakistan Penal Code (Act, XLV of 1860).

62. Protection of action taken under this Act.--No suit, prosecution or other legal proceeding shall be instituted against any person, acting or purporting to act in good faith for the welfare of a child at risk under this Act, rules or regulations made there under.

63. Act to over-ride other laws.--Provisions of this Act shall have an over-riding effect, notwithstanding anything contained in any other law for the time being in force, with the exception of any section or sections of any other law for the time being in force, which may be more protective in case of a child at risk.

64. Power to make rules and regulations.--(1) Government may, by notification in the official Gazette, make rules, as may deem necessary, for carrying out the purposes of this Act.

(2) Governing Board may, by notification in the official Gazette, make regulations for carrying out the purposes of this Act.

65. Limitations.--Notwithstanding anything contained in any other law for the time being in force no government agency, department or institution shall undertake any social or welfare service or services provided under this Act without prior approval of the Governing Board.

66. Complaint against Governing Board.--Governing Board shall be answerable to the Chief Minister of Gilgit-Baltistan in case of any complaint submitted by any person, organization, both government or non-governmental, against the Governing Board, in writing with full identity and address of the complainant, and after conducting inquiring through independent inquiry committee, appointed for the purpose by the Chief Executive Authority:

Provided that no action shall be taken by the Chief Minister of Gilgit-Baltistan against Governing Board or any member of the Governing Board after conducting inquiry until a fair chance of hearing may not be given to the concerned.

67. Removal of difficulties.--(1) If any question arises as to the interpretation of any of the provisions of this Act, it shall be placed before the Governor whose decision thereon shall be final.

(2) If any difficulty arises in giving effect to any of the provisions of this Act, the Governor of the Gilgit-Baltistan may make such order after obtaining the views of the Governing Board not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty.

(3) Where this Act makes any provision for anything to be done but no provision or no sufficient provision has been made as respects the authority by whom, or the time at which, or the manner in which it shall be done, then it shall be done by such authority, at such time, or in such manner as the Governor may direct after obtaining the views of the Governing Board.

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GILGIT ACT NO. III OF 2013

ELECTORAL ROLLS ACT, 2013

An Act to provide for the preparation and revision of electoral rolls for elections to the Gilgit-Baltistan Legislative Assembly and to avoid the multiple, duel and bogus entries of voters.

[Gazette of Pakistan, Extraordinary, Part-I, 18^th August, 2013]

WHEREAS it is expedient to provide for the preparation and revision of electoral rolls for elections to the Gilgit-Baltistan Legislative Assembly and Local Bodies and for matters connected therewith and incidental thereto:

It is hereby enacted as follows:--

Electoral Rolls Act, 2013.

1. Short title and commencement.--(1) This Act may be called the Electoral Rolls Act, No. III of 2013.

(2) It shall come into force at once.

(3) It extends to the whole of Gilgit-Baltistan.

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

(1) "Commissioner" means the Chief Election Commissioner appointed under the Gilgit-Baltistan (Empowerment & Self Governance) Order, 2009.--

(i) the person continuing in the office of Chief Election Commissioner by virtue of Article 82 of Gilgit-Baltistan (Empowerment & Self Governance) Order, 2009.

(2) "Commission" means the Election Commission of Gilgit Baltistan.

(3) "Electoral area" means--

(a) in rural areas, a village or a census block; and

(b) in urban areas,--

(i) where there is a municipal ward or census block, such ward or census block;

(ii) where there is no municipal ward or a census block, a well-defined Mohallah or a street; and

(iii) where the ward or census block, Mohallah or street is too big, a well-defined part thereof; or

(4) "Prescribed" means prescribed by rules made under this Act;

(5) "Registration Officer” means a Registration Officer appointed under Section 5, and includes an Assistant Registration Officer performing the functions of a Registration Officer; and

(6) "Revising Authority" means a person appointed under Section 9 to hear and dispose of claims and objections and applications for correction relating to the electoral rolls.

(7) "Person" means any person (male/female) who is resident of Gilgit-Baltistan.

3. Assistance to Commissioner.--(1) The Commissioner may require any person or authority to perform such function or, render such assistance for carrying out the purposes of this Act.

(2) All executive authorities of the Provincial Government shall assist the Commissioner in the performance of his functions under this Act and for this purpose the Commissioner may issue such directions as he may consider necessary.

(3) The Federal Government and Provincial Government Gilgit-Baltistan shall make available to the Commissioner such staff as he may require for the performance of his functions under this Act.

4. Preparation and computerization of electoral rolls for election to the Gilgit Baltistan Legislative Assembly / Local bodies.--(1) The Commissioner shall cause to be prepared the electoral rolls for election to the Gilgit-Baltistan Legislative Assembly and Local Bodies, afresh or by revising the electoral rolls existing before 2009 and revised from time to time in the prescribed manner.

(2) The Commissioner shall make arrangements for the computerization of the electoral rolls in the manner as he may determine and any printout of the computer maintained by, or with the authority of the Commissioner, shall be deemed to be an electoral roll published under this Act.

5. Appointment of Registration Officer, etc.--(1) The Commissioner shall appoint a Registration Officer for an electoral area or group of electoral areas for the purpose of preparation, revision, correction and amendment of the electoral rolls and may, for that purpose, appoint as many Assistant Registration Officers as may be necessary.

(2) Subject to such instructions as may be given in this behalf by the Commissioner,--

(a) an Assistant Registration Officer may, under the control of the Registration Officer, perform the functions of a Registration Officer.

6. Preparation of preliminary electoral rolls, etc.--(1) Subject to the superintendence, directions and control of the Commissioner, the Registration Officer shall prepare the electoral rolls by including therein the name of every person entitled to be enrolled as voter in the electoral area under this Act.

(a) Is a resident in an electoral area in Gilgit-Baltistan.

(b) Is not less than eighteen years of age and possesses CNIC issued by the National Database and Registration Authority constituted under the National Database and Registration Authority Ordinance, 2000 (VIII of 2000), or comes in possession of such National Identity Card on the last date fixed for inviting claims, objections and applications for corrections, if any, for the purpose of preparing or revising the electoral rolls:

Provided that CNIC issued by National Database and Registration Authority shall be deemed to be valid for the purpose of registration as voter or casting vote at a poll, notwithstanding the expiry of its validity period.

7. Meaning of resident.--(1) Save as hereinafter provided, a person shall be deemed to be resident in an electoral area if he ordinarily resides, or owns or is in possession of a dwelling house or other immoveable property, in that area.

(2) Where a person owns or possesses dwelling houses or other immovable property in more than one electoral area, he may, at his option, be enrolled in any one of such area.

(3) A person who is detained in prison or held in other custody at any place in Gilgit-Baltistan shall be deemed to be resident in the electoral area in which he would have been resident if he had not been so detained or held in such custody.

8. Preliminary publication.--The preliminary electoral rolls prepared under Section 6, together with a notice inviting claims and objections and applications for corrections, if any, with respect thereto, shall be published and displayed in such manner and form as may be prescribed.

9. Appointment of Revising Authorities.--The Commissioner shall appoint a Revising Authority for any electoral area or group of electoral areas, for the purpose of receiving and deciding claims, objections and applications for corrections relating thereto.

10. Period for lodging claims and objection.--Every claim for inclusion of a name in the electoral roll, and every objection to, or application for correction of, any entry therein shall be made to the Revising Authority on the prescribed form within a period of twenty-one days or more as prescribed by the Chief Election Commissioner next following the date of the publication of the preliminary electoral rolls under Section 8.

11. Transfer of name from one electoral area to another.--A person may apply for transfer of his name from the electoral roll of one electoral area to the electoral roll of another by filing--

(a) an objection to the inclusion of his name in the roll in which it has been included, and

(b) a claim for the inclusion of his name in the other,

With the appropriate Revising Authority or Revising Authorities, if it is preferred before the final publication of the electoral roll under Section 16, or with the appropriate Registration Officer or Registration Officers, if it is preferred after such final publication.

12. Rejection of claims and objections.--Any claim or objection or application for correction not made within the period specified in Section 10 or in the prescribed manner shall be rejected.

13. Application by the Registration Officer for inclusion of name.--The Registration Officer may, within the period mentioned in Section 10, apply to the Revising Authority,--

(a) for the inclusion in the electoral roll of the name of any person left out due to inadvertence or the absence of timely information while preparing the preliminary electoral rolls; or

(b) for the exclusion of any name from the electoral roll or any correction of clerical, printing or other error which he is himself authorized to make under sub-section (2) of Section 15.

14. Enquiry into claims and objections, etc.--(1) Except where a claim or objection or an application for correction is rejected under Section 12, or is decided without further inquiry being valid prima facie, the Revising Authority shall, give its decision after holding a summary inquiry into each claim, objection or application, after giving notice to the parties concerned.

(2) Every decision of the Revising Authority under sub-section (1) shall be final and be communicated to the appropriate Registration officer.

15. Correction of electoral rolls.--The Registration Officer--

(i) shall correct the electoral roll in accordance with the decisions of the Revising Authority under Section 14; and

(ii) may further correct any clerical, printing or other error subsequently discovered in the roll, but not so as to include therein, or exclude therefrom, the name of any elector.

16. Final publication.--After making additions, deletions, modifications or corrections, if any, under Section 15, the Registration Officer shall publish in the prescribed manner and form the final electoral roll for each electoral area.

17. Annual revision of electoral roll.--An electoral roll shall be revised and corrected annually in the prescribed manner and form--

(a) so as to include the name of any qualified person whose name does not appear in such roll, or

(b) so as to delete the name of any person who has died or who is or has become disqualified for enrolment, or

Provided that, if, for any reason, the electoral roll for any electoral area is not revised, the validity or continued operation of the electoral roll shall not thereby be affected.

18. Enrolment and correction at a time other than the annual revision.--(1) Any person whose name is not included in an electoral roll for the time being in force and who claims that he was or is entitled to be enrolled on that roll, may apply to the appropriate Registration Officer alongwith a photostat copy of the identity card issued, or deemed to have been issued, to him under the National Database and Registration Authority Ordinance, 2000 (VIII of 2000) for the inclusion of his name therein, and if the Registration Officer is satisfied after giving such notice and making such inquiry as he may consider necessary that the applicant was or is entitled to have his name enrolled, he shall for the purpose of further correcting the roll insert the name of such person in that roll:

Provided that if the name of applicant is already included in the electoral roll of any other electoral area of the same district or any other district, the Registration Officer shall strike off his name from the roll of that other electoral area of the same district and inform the Registration Officer of other district who shall, on receipt of the information, strike off the name of the applicant from that roll.

(2) Any person may apply to the Registration Officer for the correction of any entry in an electoral roll for the time being in force; and

(a) if the entry relates to the applicant and the Registration Officer is satisfied after giving such notice and making such inquiry as he may consider necessary that the entry relates to the applicant and is erroneous or defective for any particular reason, he shall correct the roll accordingly; and

(b) if the entry does not relate to the applicant and the Registration Officer is satisfied after giving notice to the person to whom the entry relates and after making such inquiry as he may consider necessary that the entry is erroneous or defective or should be deleted, he shall correct the electoral roll accordingly.

(3) Where the Registration Officer rejects application made under sub-section (1) or sub-section (2), he shall record in writing brief reasons of his decision.

(4) A person aggrieved by the order of the Registration Officer made under sub-section (1) or sub-section (2) may, within thirty days of such order, appeal to the appellate authority to be appointed by the Commissioner and the decision of such authority given thereon shall be final.

19. Preparation of rolls afresh.--If the Commissioner, on account of any gross error or irregularity in or in the preparation of an electoral roll for any electoral area or a part thereof, considers it necessary so to do, he may by order direct that the roll for such area or part shall stand cancelled and that a fresh electoral roll for that area or part be prepared in accordance with the provisions of this Act.

20. No correction to be made after constituency called upon to elect.--No revision or correction of any electoral roll for an electoral area shall be made nor shall any order under Section 19 be made in respect of any electoral roll at any time after the constituency of which such electoral area forms part has been called upon to elect its representative and before such representative has been elected.

21. Maintenance of electoral rolls.--An electoral roll as revised and corrected shall be maintained in the prescribed manner and shall be kept open to public inspection; and copies of such roll shall be supplied to any person applying therefore, on payment of such fee as may be prescribed.

22. Departure from normal procedure in exceptional circumstances.--Where the Commissioner is satisfied that it is not possible to follow the procedure laid down for the preparation of an electoral roll in respect of any electoral area, he may direct that an electoral roll for such electoral area shall be prepared in such manner as he deems fit.

23. Duration of the electoral rolls.--The electoral roll for any electoral area prepared under this Act shall come into force immediately upon its final publication and shall remain in force until revised.

24. Access to register of births and deaths, etc.--(1) The person in charge of any register of births and deaths and any authority to whom an application for registration is to be made under the National Database and Registration Authority Ordinance, 2000 (VIII of 2000), shall at the request of a Registration Officer furnish him with such information, including extracts from such register or as the case may be, application, as may be necessary for the purposes of this Act.

(2) Sub-section (1) shall have effect notwithstanding anything contained in Section 28 of the National Database and Registration Authority Ordinance, 2000 (VIII of 2000) and a person who furnishes incurred information to a Registration Officer in pursuance of the said sub-section shall be liable to punishment under the rules framed under this Act.

25. No person to be enrolled more than once or in more than one electoral area.--No person shall be enrolled,--

(a) on the electoral roll for any electoral area more than once; or

(b) on the electoral rolls for more than one electoral area.

26. Validity of electoral rolls, etc., not affected by reason of any mistake.--An electoral roll shall not be invalid by reason of any miss description of a person enrolled thereon or of omission of the name of any person entitled to be so enrolled or of inclusion of the name of any person not so entitled.

27. Commissioner's power to include a name in an electoral roll.--Subject to Section 20 of this Act the Commissioner may, at any time, order--

(a) the inclusion in an electoral roll of the name of any person entitled to be enrolled on such electoral roll, and such name shall from the date of such order, form part of the electoral roll;

(b) the exclusion from an electoral roll of the name of any person who has died or has become disqualified to be a voter, and such name shall, from the date of such order, stand excluded from that roll; and

(c) the removal of the name of any person from an electoral roll where such removal becomes necessary due to the repetition of the name in the same electoral roll or in the electoral rolls of more than one electoral area

28. Power to make rules.--(1) The Commissioner may, with the approval of the Governor and by notification in the official Gazette, make rules for carrying out the purposes of this Act.

(2) Where a form has been prescribed for any of the purposes of this Act or the rules made thereunder, the Commissioner may, by notification in the official Gazette, make such modifications or additions in the form as may in his opinion be necessary:

Provided that the validity of an electoral roll prepared in the prescribed form for the time being in force shall not be affected by any modification or addition made in the form subsequent to the preparation of the roll.

29. Removal of difficulties.--If any difficulty arises in giving effect to any of the provisions of this Act, the Governor may make such provision for the removal of the difficulty as he may deem fit.

30. Bar of jurisdiction.--No Court shall call into question the validity of the electoral rolls prepared or revised under this Act or the legality or propriety of any proceedings or action taken thereunder by or under the authority of the Commissioner or a Registration Officer.

31. Breach of official duty.--Information not to be divulged, any person who:--

(a) Being an employee of the Commission publishes or communicates to any person, any information or data acquired by him in the course of such employment without being so authorized by the Commission;

(b) Breaches, in any manner, the security or integrity of the information or data contained in the electoral rolls database;

(c) Having possession of any information or data which to his knowledge has been obtained or disclosed in contravention of this Act or in breach of security, secrecy or integrity thereof publishes or communicates that information or data to any other person; or

(d) Misuses or abuses, in any manner, the information or data contained in the electoral rolls database, shall be punishable with imprisonment for a term which many extend to five years, or with fine which may extend to one million rupees, or with both.

32. Certain offences triable by Registration Officer.--Not-withstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), the Registration Officer, if so authorized by the Commissioner in this behalf, may--

(a) exercise the powers of a Magistrate of the first class under the said Code in respect of the offences punishable under Sections 172,173, 174, 175, 177, 178, 179,180, 182, 186, 187, 188, 189, 191,196, 197,198,199,200,464 and 471 of the Pakistan Penal Code, 1860 (Act, XLV of 1860); and

(b) take cognizance of any such offence and shall try it summarily in accordance with the provisions of Code of Criminal Procedure, 1898 (Act V of 1898), relating to summary trials.

33. Repeal.--The Northern Areas Electoral Rolls Act, 1975, is hereby repealed.

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