PUNJAB PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE (AMENDMENT) ACT, 2012

An Act to amend the Protection Against Harassment of Women at the Workplace Act, 2010.

[Gazette of Punjab, Extraordinary, 5th January 2013]

ACT III OF 2013

No.PAP-Legis-2(154)/2012/807. The Punjab Protection Against Harassment of Women at the Workplace (Amendment) Bill, 2012, having been passed by the Provincial Assembly of the Punjab on 27 December 2012, and assented to by the Governor of the Punjab on 3 January 2013, is hereby published as an Act of the Provincial Assembly of the Punjab.

Preamble.–Whereas it is expedient to amend the Protection Against Harassment of Women at the Workplace Act, 2010 (IV of 2010) for purposes hereinafter appearing;

It is enacted as follows:–

  1. Short title and commencement.–(1) This Act may be cited as the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act, 2012.

(2)  It shall come into force at once.

  1. Amendments in Act, IV of 2010.–In the Protection Against Harassment of Women at the Workplace Act, 2010 (IV of 2010), hereinafter referred to as the said Act, for the word “Ombudsman”, wherever occurs, the word “Ombudsperson” shall be substituted.
  2. Amendment in Section 1 of Act, IV of 2010.–In the said Act, in Section 1, for sub-section (2), the following shall be substituted:–

“(2)  It extends to whole of the Punjab.”

  1. Amendment in Section 2 of Act, IV of 2010.–In the said Act, in Section 2–

(a)     in clause (b), for the expression “Industrial Relations Act, 2008 (IV of 2008)”, the expression “Punjab Industrial Relations Act, 2010 (XIX of 2010)” shall be substituted;

(b)     in clause (g)–

(i)      for paragraph (iii), the following shall be substituted:–

“(iii) the authority, in relation to an organization or group of organizations run by or under, the authority of the Government, the Federal Government or any other Provincial Government, appointed in this behalf or, where no such authority is appointed, the head of the organization or group of organizations;”; and

(ii)     in paragraph (vii), the words “a department or a Division of” shall be omitted; and

(c)     after clause (g), the following clause (gg) shall be inserted:–

“(gg)  “Government” means Government of the Punjab;”.

  1. Amendment in Section 6 of Act, IV of 2010.–In the said Act, in Section 6, sub-Sections (4) and (5) shall be omitted.
  2. Substitution of Section 7 in Act, IV of 2010.–In the said Act, for Section 7, the following shall be substituted:–

“7. Ombudsperson.–The Government shall appoint the Ombudsperson on such terms and conditions as may be prescribed.

(2)     A person shall be qualified to be appointed as the Ombudsperson who is not less than forty five years of age and–

(a)      has been or is qualified to be a Judge of a High Court; or

(b)     has been in the service of Pakistan in BS-20 or above; or

(c)      is an eminent educationist with not less than four years administrative experience.

(3)     The Ombudsperson shall not–

(a)      hold any other office of profit in the service of Pakistan; or

(b)     occupy any other position carrying the right to remuneration for the rendering of services.

 

(4)     The Ombudsperson may appoint such staff as may be required to achieve the purposes of this Act.”

  1. Amendment in Section 9 of Act, IV of 2010.–In the said Act, for Section 9, the following shall be substituted:–

“9. Representation to Governor.–Any person aggrieved by a decision of the Ombudsperson under sub-section (5) of Section 8 may, within thirty days of the communication of the decision, make a representation to the Governor whose decision shall be final.”

  1. Amendment in Section 11 of Act, IV of 2010.–In the said Act, in Section 11–

(a)     in sub-section (3), for the words “petition before the District Court”, the words “complaint before the Ombudsperson” shall be substituted; and

(b)     after sub-section (3), the following sub-section (4) shall be inserted:–

“(4) A person aggrieved by an order under sub-section (3) may, within thirty days of the communication of the order, make a representation to the Governor whose decision shall be final.”

  1. Amendment in Section 13 of Act, IV of 2010.–In the said Act, in Section 13, the word “Federal” shall be omitted.
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