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  "title": "PUNJAB WOMEN HOSTELS AUTHORITY ACT 2023",
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  "text": "THE PUNJAB WOMEN HOSTELS AUTHORITY ACT 2023 \r\n(VII of 2023) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Establishment of the Authority \r\n4. Composition of the Authority \r\n5. Meetings \r\n6. Removal of Chairperson and members \r\n7. Powers and functions of the Authority \r\n8. Categorization \r\n9. Director General \r\n10. Hostel Inspection Officer \r\n11.  Powers of Hostel Inspection Officer \r\n12. Employees of the Authority \r\n13. Registration of hostels \r\n14. Improvement notice \r\n15. Dispute resolution \r\n16. Failure to comply with directions \r\n17. Hygiene and safety \r\n18. False information \r\n19. Obstructing the Inspection Officer \r\n20. Hostel without registration \r\n21. Appeals \r\n22. Fund \r\n23. Bank accounts \r\n24. Budget and accounts \r\n25. Audit \r\n26. Annual report \r\n27. Delegation of powers \r\n28. Public servants \r\n29. Immunity \r\n30. Bar of jurisdiction \r\n31. Rules \r\n32. Regulations \r\n33. Power to remove difficulties \r\n \r\n  \r\nTEXT \r\n1\r\nTHE PUNJAB WOMEN HOSTELS AUTHORITY ACT 2023 \r\n(VII of 2023) \r\n[17 February 2023] \r\nAn \r\nAct \r\nto regulate women hostels established in the private sector. \r\nIt is necessary to establish an  Authority to regulate women hostels in the Province \r\nwith an aim to provide safe and standard accommodation facilities to women; and to \r\nprovide the ancillary matters.  \r\nBe it enacted by Provincial Assembly of the Punjab as follows: \r\nCHAPTER I  \r\nPRELIMINARY \r\n1. Short title, extent and commencement .– (1) This Act may be cited as  the \r\nPunjab Women Hostels Authority Act 2023. \r\n(2) It extends to whole of the Punjab. \r\n(3) It shall come into force on such date as the Government may, by \r\nnotification, appoint and different dates may be so appointed for different areas. \r\n2. Definitions.– In this Act: \r\n(a) “Act” means the Punjab Women Hostels Authority Act 2023. \r\n(b) “Authority” means the Women Hostels Authority established under the \r\nAct; \r\n(c) “Chairperson” means the Chairperson of the Authority; \r\n(d) “Director General” means Director General o f the Authority appointed \r\nunder the Act; \r\n(e) “Government” means Government of the Punjab; \r\n(f) “hostel” means a building or premises established or  used in the \r\nprivate sector as a women hostel; \r\n(g) “Hostel Inspection Officer” means a female officer appointed  as Hostel \r\nInspection Officer under the Act; \r\n(h) “Operator” means a person who owns, runs or operates a hostel \r\n(i)  “prescribed” means prescribed by the rules or the regulations; \r\n(j)  “resident” means a woman who is residing in a hostel; \r\n(k) “regulations” means the regulations framed under the Act; and \r\n(l) “rules” means the rules made under the Act. \r\n                                                           \r\n1This Act was passed by Provincial Assembly of the Punjab on 09 January 2023; and was assented to by Governor of the \r\nPunjab on 23 January 2023; and was published in the Punjab Gazette (Extraordinary), dated: 17 February 2023, pp.3875-3880. \r\nCHAPTER II \r\nESTABLISHMENT OF WOMEN  \r\nHOSTELS AUTHORITY \r\n3. Establishment of the Authority.– (1) The Government shall, by notification \r\nin the official Gazette, establish  an Authority to be called the Women Hostels \r\nAuthority. \r\n(2) The Authority shall be a body corporate, having perpetual succession \r\nand a common seal, with power s to enter into contract, acquire or dispose of \r\nproperty subject to subsection (3), and may, by its name, sue or be sued. \r\n(3) The Authority shall acquire and disp ose of the property with the prior \r\npermission of the Government. \r\n4. Composition of the Authority.– (1) The Authority shall consist of a \r\nChairperson and the following members: \r\n(a) Secretary to the Government, Higher Education Department; \r\n(b) Secretary to the Government, Primary and Secondary Healthcare \r\nDepartment; \r\n(c) Secretary to the Government, Social Welfare and Bait-ul-Maal \r\nDepartment; \r\n(d) Secretary to the Government, Labour and Human Resource Department; \r\n(e) Secretary to the Government, Specialized Healthcare and Medical \r\nEducation Department; \r\n(f) Secretary to the Government, Finance Department; \r\n(g) Secretary to the Government, Local Government and Community \r\nDevelopment Department; \r\n(h) Secretary to the Government, Housing, Urban Development and Public \r\nHealth Engineering Department; \r\n(i) three female members of Provincial Assembly of the Punjab, including \r\none female member from the opposition, to be nominated by the  \r\nSpeaker of Provincial Assembly of the Punjab ; \r\n(j) one representative of Women Chamber of Commerce and Industry, \r\nLahore; \r\n(k) one representative of Operators; \r\n(l) Director General, Women Hostels Authority Member/Secretary; and \r\n(m) three non-official members belonging to the relevant field. \r\n(2) The Government shall  appoint the Chairperson and the  non-official \r\nmembers of the Authority for a renewable term of three years on such terms and \r\nconditions as may be prescribed: \r\nprovided that the Chairperson and the non -official mem bers shall not be \r\nappointed for more than two terms, whether consecutive or otherwise. \r\n (3) The Chairperson or a member, other than an ex-officio member, may \r\nresign from his office by serving one month’s notice in writing to the Government. \r\n (4) No act or proceedings of the Authority shall be questioned or invalidated \r\nmerely on the ground of existence of any vacancy or defect in the composition of the \r\nAuthority. \r\n5. Meetings.– (1) The Authority shall meet at least once in a quarter, at such \r\nplace and at such time and shall observe such procedure in relation to transaction of \r\nbusiness at its meetings as may be prescribed. \r\n(2) The meetings of the Auth ority shall be presided over by the \r\nChairperson and, in the absence of the Chairperson by a m ember of the  Authority \r\nelected for the purpose by the members present in the meeting. \r\n(3) The quorum for a meeting shall be one half of the total members, the \r\nfraction being counted as one. \r\n(4) The Secretary of the Authority may, with the prior approval of the \r\nChairperson, call a meeting of the Authority. \r\n(5) The Authority may, with the prior approval of the Government , co-opt \r\nany other person as a member. \r\n(6) The official members may be represented in a meeting of the Authority \r\nthrough their authorized representatives. \r\n6. Removal of Chairperson and members.– (1) The Government may remove \r\nfrom office, the Chairperson or a member, other than an ex-officio member, if he: \r\n(a) has been adjudicated insolvent; or \r\n(b) has been convicted of an offence which involves moral turpitude; or \r\n(c) has become physically or mentally incapable of acting as the \r\nChairperson or the member; or \r\n(d) has abused his position and rendered his continuance in the office \r\nprejudicial to public interest. \r\n(2) The Chairperson or a member shall not be removed from office except \r\nafter affording him a reasonable opportunity of hearing. \r\n7. Powers and fu nctions of the Authority.– (1) The Authority shall regulate \r\nand monitor the hostels to ensure provision of safe and  standard residences to \r\nwomen. \r\n(2) Without prejudice to the provisions of subsection (1), the Authority, in \r\nrelation to the hostels, shall have the powers to: \r\n(a) formulate and enforce standards, procedures, processes and \r\nguidelines on business model, category, hygiene and safety of the \r\nhostels; \r\n(b) to register the hostels in the prescribed manner; \r\n(c) determine terms and conditions of service of employees of the \r\nAuthority; \r\n(d) collect and analyze relevant and technical data; \r\n(e) regulate Operators and residents to ensure safety and quality control; \r\n(f) organize training programs and general awareness  on safety and \r\nstandards; \r\n(g) levy fee for  registration of hostels  and the renewal thereof in the \r\nprescribed manner; \r\n(h) liaise with national and international organizations for exchange of best \r\npractices; \r\n(i) approve the Budget of the Authority and to re-appropriate funds; \r\n(j) evaluate and monitor the implementation of the decision of the \r\nAuthority; and \r\n(k) perform such other functions  as may be necessary for the discharge of \r\nits functions under the Act. \r\n8. Categorization.– (1) The Authority may categorize the hostels based on the \r\ninternational best practices in such manner as may be prescribed. \r\n(2) Upon categorization  under subsection (1), the Authority shall issue a \r\ncertificate showing the category of the hostel, and the Operator shall display such \r\ncertificate at a conspicuous place of the hostel premises. \r\n9. Director General.– (1) The Government may appoint a Director General in such \r\nmanner and on such terms and conditions as may be prescribed. \r\n(2) The Director General shall hold o ffice during the pleasure of  the \r\nGovernment. \r\n(3) The Director General shall be the Secretary of the Authority. \r\n(4) The Director General shall be responsible for accomplishing the \r\nobjectives of th e Act and for efficient implementation of the Act, the rules and the \r\nregulations. \r\n(5) The Director General shall exercise such powers as are mentioned in \r\nthe Act or as may be prescribed or delegated to him by the Authority. \r\n10. Hostel Inspection Officer.– (1) The Authority may, by notification  in the \r\nofficial Gazette, appoint such number of Hostel Inspection Officers for such areas or \r\ndistricts as it may deem fit. \r\n (2) Notwithstanding anything  contained in subsection (1 ), the Authority \r\nmay confer the powers of Hostel Inspection Officer on a Government servant. \r\n11.  Powers of Hostel Inspection Officer.– (1) A Hostel Inspection Officer may: \r\n(a) issue improvement notice to any hostel, which  appears to  him to be  \r\nworking in contravention of the Act, the rules or the regulations; \r\n(b) enter or seal any  hostel which he believes is operating or carrying on \r\nbusiness in contravention of the Act; \r\n(c) impose fine on an Operator; \r\n(d) examine any book or documents with respect to any hostel; and \r\n(e) demand identity card, registration certificate, or any  other ancillary  \r\ndocument from an Operator. \r\n12. Employees of the Authority. – The Authority may appoint, determine the \r\nnumber, categories, rank and terms and c onditions of service of employees of the \r\nAuthority. \r\nCHAPTER III \r\nREGISTRATION AND ENFORCEMENT MECHANISM \r\n13. Registration of hostels.– No hostel shall be operated unless it has been \r\nregistered with the Authority on such form and in such manner as may be \r\nprescribed. \r\n14. Improvement notice.– (1) If a n Hostel  Inspection Officer  has reason  to \r\nbelieve that any Operator has failed to comply with any provision of the Act, the rules \r\nor the regulations, he may serve an improvement notice upon such Operator: \r\n(a) stating the grounds for believing that the Operator has failed to comply \r\nwith any provision of the Act or the rules or the regulations; \r\n(b) specifying the matter which constitute s non-compliance on the part of \r\nthe Operator; \r\n(c) intimating the measures which the  Operator is bound to take to ensure \r\ncompliance; and \r\n(d) specifying the time period within which the Operator has to ensure \r\ncompliance. \r\n(2) If the Operator fails to comply with the improvement notice within the \r\nspecified time, the Hostel Inspection Officer may recommend to the Director General \r\nfor suspension or cancellation of registration  of the hostel or taking any other action \r\nprovided under the Act. \r\n(3) On receipt of a recommendation under subsection (2), the Director \r\nGeneral may make an appropriate order. \r\n15. Dispute resolution.– (1) In case any dispute arises between  a resident and \r\nan Operator, the matter may be  referred to the Director General, in writing, within \r\nseven days of the incidence of dispute. \r\n(2) The Director General shall call  the resident and the Operator \r\nconcerned along with the relevant record  within seven days of the receipt of \r\nreference. \r\n(3) The Director General shall resolve the dispute  by making an order  in \r\nwriting, after affording opportunity of hearing to the parties within fifteen days of the \r\nconcluding hearing. \r\n(4) The Director General may delega te his powers to any of the officers of \r\nthe Authority. \r\nCHAPTER IV \r\nOFFENCES AND PENALTIES \r\n16. Failure to comply with directions.– If an Operator, without reasonable \r\ncause, fails to comply with any order or notice issued by the Authority or an Hostel \r\nInspection Officer, he shall be liable to fine which may extend to  rupees fifteen \r\nthousand. \r\n17. Hygiene and safety.– If an Operator contravenes the prescribed standards of \r\nhygiene and safety, he shall be liable to cancellation of hostel registration or fine up \r\nto rupees ten thousand. \r\n18. False information.– If an Operator furnishes or gives false or misleading \r\nstatement or information, or produces any fals e or misleading document before  the \r\nAuthority or  an Inspection Officer, he may be liable  to cancellation  of his hostel \r\nregistration or fine up to rupees twenty five thousand. \r\n19. Obstructing the Inspection Officer.– (1) Any person, who obstructs a n \r\nHostel Inspection Officer in the performance of her duties, shall be liable to fine up to \r\nrupees ten thousand for first contravention and up to  rupees twenty thousand  for \r\nevery subsequent contravention. \r\n20. Hostel without registration.– If a hostel is operating without registration, it \r\nshall be liable to be sealed and shall be de -sealed after its registration on such \r\nconditions and in such manner as may be prescribed. \r\n21. Appeals.– (1) An appeal against an order or fine imposed by Hostel \r\nInspection Officer  may be made to the Director General  within thirty days of such \r\norder, and the Director General shall decide the appeal within a period of one month. \r\n(2) Any person aggrieved by  an order of the Director General , except an \r\norder under subsection (1), may  within fifteen days of the receipt of the order, file an \r\nappeal before the Secretary, Women Development Department of the Government, \r\nin such manner as may be prescribed, who shall decide the appeal within thirty days. \r\nCHAPTER V \r\nFINANCE AND AUDIT \r\n22. Fund. – (1) There shall be established a fund to be known as Women Hostels \r\nAuthority Fund to be administered and controlled by the Authority. \r\n(2) The Fund shall consist of: \r\n(a) funds provided by the Government; \r\n(b) loans or grants by the Government; \r\n(c) grants and funds negotiated and raised, or otherwise obtained by the \r\nAuthority with the prior approval of the Government; \r\n(d) fee, charges, rentals and fines collected by the Authority; \r\n(e) income from the lease or sale of the property; and \r\n(f) all other sums received by the Authority. \r\n(3) The Authority shall meet all of its expenses from the Fund. \r\n23. Bank accounts.– The Authority may open and maintain its accounts at the \r\nscheduled banks. \r\n24. Budget and accounts.– (1) The Authority shall maintain proper accounts and \r\nother records relating to its financial affairs including its income and expenditures \r\nand its assets and liabilities in such form and manner as may be prescribed. \r\n (2) After the conclusion of a financial year,  the Authority, in the manner \r\nprescribed, shall cause to be prepared for the financia l year, statements of account \r\nof the Authority which shall include a balance  sheet and an account of income and \r\nexpenditures. \r\n (3) The Authority shall approve its annual budget for a financial year. \r\n25. Audit.– (1) The Auditor General of Pakistan shall  annually audit the accounts \r\nof the Authority. \r\n(2) The Government, in addition to the au dit under sub -section (1),  may \r\ncause the accounts of the Authority annually audited by a Chartered Accountant or a \r\nfirm of Chartered Accountants. \r\n (3) The auditor appointed under subsection (2) shall be provided such \r\naccess to the books, accounts and other documents as may be considered \r\nnecessary for the audit of accounts. \r\n (4) The auditor shall submit the annual  or any special audit report to  the \r\nAuthority, and the Authority shall take appropriate remedial measures or other action \r\nin the light of the audit report. \r\nCHAPTER VI \r\nMISCELLANEOUS \r\n26. Annual report.– (1) The Authority shall, within three months of the close of a \r\nfinancial year, submit to the Government its annual performance report. \r\n (2) The Government shall cause the report received under subsection (1) \r\nlay before Provincial Assembly of the Punjab. \r\n27. Delegation of powers.– The Authority may delegate, subject to such \r\nconditions and restrictions as may be specified in the order, any of its functions to a \r\nbody, committee or an officer. \r\n28. Public servants.– The Chairperson, the members and the employees of the \r\nAuthority shall be deemed to be public servants  within the meaning of section 21 of \r\nthe Pakistan Penal Code, 1860 (XLV of 1860). \r\n29. Immunity.– No suit, prosecution or other legal proceedings shall lie against the \r\nAuthority, the Chairperson, a member or any employee of the Authority for anything \r\ndone in good faith under the Act, the rules or the regulations. \r\n30. Bar of jurisdiction.– No civil court shall entertain a suit or an application \r\nagainst any proceedings taken or order made under the Act. \r\n31. Rules.– The Government may make rules for carrying out the purposes of the \r\nAct. \r\n32. Regulations.– (1) Sub ject to th e Act and the rules,  the Authority may, by \r\nnotification, frame regulations to give effect to the provisions of the Act. \r\n(2) Without prejudice to the generality of subsection (1), the regulations \r\nmay provide for: \r\n(a) procedure for transaction of business of the Authority; \r\n(b) standards, categorization and guidelines in relation to any hostel; \r\n(c) improvement notices and prohibition orders; \r\n(d) registration procedures; \r\n(e) inspection of hostels; and \r\n(f) finances, accounts, budget and reporting procedures. \r\n33. Power to remove difficulties.– If any difficulty arises in giving effect to any \r\nprovision of the Act, the Government may, within two years of the commencement of \r\nthe Act, make such order not inconsistent with the provisions of the Act as may be \r\nnecessary to remove the difficulty.",
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