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PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE ACT 2010

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THE PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE ACT, 2010 (IV of 2010)

SCHEDULE

TEXT 1THE PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE ACT, 2010 (IV of 2010) [11th March, 2010] An Act to make provisions for the protection against harassment of women at the workplace WHEREAS the constitution of the Islamic Republic of Pakistan recognizes the fundamental right 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:

Section 1. Short title, extent and commencement

(1) This Act may be called the Protection against Harassment of women at the Workplace Act, 2010. 2[(2) It extends to whole of the Punjab.]

(3) It shall come into force at once.

Section 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 3[Punjab Industrial Relations Act 2010 (XIX of 2010)], or any other law for the time being in force.

(c) “Code” means the Code of Conduct as mentioned in the Schedule to this Act;

(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 4[Ombudsperson] or to the Inquiry Committee on being aggrieved by an act of harassment;

1This Act was passed by the Parliament; assented to by the President on 9 March 2010; and published in the Gazette of Pakistan (Extraordinary), dated 11 March 2010, pages 63-84.

2Substituted by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.3; and published in the Punjab Gazette (Extraordinary), pages 1959-1960.

3Substituted for the expressions “Industrial Relations Act, 2008 (IV of 2008)” by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.4; and published in the Punjab Gazette (Extraordinary), pages 1959-1960.

(f) “employee” means a regular or contractual employee whether employed on daily, weekly, 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; 5[(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;]

(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 officer 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 whatsoever; and

(vii) office bearers of 6[* * * *] 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; 7[(gg) “Government” means Government of the Punjab;]

(h) “harassment” means any unwelcome sexual advance, request for sexual favors or other verbal or written communication or physical

4Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace

(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959-

1960.

5Substituted by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.4; and published in the Punjab Gazette (Extraordinary), pages 1959-1960.

6Omitted the words “a department or a Division of” by the Punjab Protection Against Harassment of Women at the Workplace

(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.4; and published in the Punjab Gazette (Extraordinary), pages 1959-

1960.

7Inserted by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.4; and published in the Punjab Gazette (Extraordinary), pages 1959-1960.

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) 8[Ombudsperson] means the 9[Ombudsperson] 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.

Section 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.

8Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace

(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959-

1960.

9Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace

(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959-

1960.

(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.

Section 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;

(c) removal from service;

(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.

Section 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;

(c) to receive evidence on affidavits; and

(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 10[Ombudsperson] 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.

10Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace

(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959-

1960.

Section 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 11[Ombudsperson] 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 12[Ombudsperson].

(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. 13[(4) * * * * * * * * * * * ] 14[(5) * * * * * * * * * * * ]

[15] Section 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.] 16[(5) The Ombudsperson shall hold office for a period of four years and shall not be eligible for extension of tenure or re-appointment.

11Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace

(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959-

1960.

12Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace

(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959-

1960.

13Omitted by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.5; and published in the Punjab Gazette (Extraordinary), pages 1959-1960.

14Omitted by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.5; and published in the Punjab Gazette (Extraordinary), pages 1959-1960.

15Substituted by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.6; and published in the Punjab Gazette (Extraordinary), pages 1959-1960

16Added by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2021 (I of 2022), published in the Punjab Gazette (Extraordinary), dated: 12th January 2022, pp. 3399, s.2.

(6) The Ombudsperson may resign from office by writing under her hand addressed to the Governor.]

Section 8. 17[Ombudsperson] to enquire into complaint

(1) Any employee shall have the option to prefer a complaint either to the 18[Ombudsperson] or the Inquiry Committee.

(2) The 19[Ombudsperson] 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 20[Ombudsperson] within five days and his failure to do so without reasonable cause the 21[Ombudsperson] may proceed ex-parte. Both the parties can represent themselves before the 22[Ombudsperson].

(3) The 23[Ombudsperson] shall conduct an inquiry into the matter according to the rules made under this Act and conduct proceedings as the 24[Ombudsperson] deems proper.

(4) For the purposes of an investigation under this Act, the 25[Ombudsperson] 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 26[Ombudsperson] is relevant and helpful in the conduct of the investigation.

(5) The 27[Ombudsperson] shall record his decision and inform both parties and the management of the concerned organization for implementation of the orders.

17Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace

(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959-

1960.

18Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace

(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959-

1960.

19Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace

(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959-

1960.

20Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace

(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959-

1960.

21Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace

(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959-

1960.

22Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace

(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959-

1960.

23Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace

(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959-

1960.

24Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace

(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959-

1960.

25Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace

(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959-

1960.

26Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace

(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959-

1960.

27Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace

(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959-

1960.

[28] Section 9. Representation to Governor

Any person aggrieved by a decision of the Ombudsperson under subsection (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.]

Section 10. Powers of the 29[Ombudsperson]

The 30[Ombudsperson] shall for the purpose of this Act have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 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 31[Ombudsperson] has a reason to believe that any information relevant to the case may be found; and

(vi) the 32[Ombudsperson] shall have the same powers as the High Court has to punish any person for its contempt.

(2) 33[Ombudsperson] 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.

Section 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.

28Substituted by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.7; and published in the Punjab Gazette (Extraordinary), pages 1959-1960

29Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace

(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959-

1960.

30Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace

(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959-

1960.

31Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace

(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959-

1960.

32Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace

(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959-

1960.

33Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace

(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959-

1960.

(3) On failure of an employer to comply with the provisions of this section any employee of an organization may file a 34[complaint before the Ombudsperson] 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. 35[(4) A person aggrieved by an order under subsection (3) may, within thirty days of the communication of the order, make a representation to the Governor whose decision shall be final.]

Section 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.

Section 13. Power to make rules

The 36[* * *] Government may make rules to carryout the purposes of this Act.

34Substituted for the words “petition before the District Court” by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.8; and published in the Punjab Gazette (Extraordinary), pages 1959-1960

35Inserted by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.8; and published in the Punjab Gazette (Extraordinary), pages 1959-1960 36Omitted the word “Federal” by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.9; and published in the Punjab Gazette (Extraordinary), pages 1959-1960

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. 37[Kindly see end notes for statement of objects and reasons]

37The 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 37[Ombudsperson] at Federal and provincial levels.

Print contents from the source
CONTENTS 
1. Short title, extent and commencement 
2. Definitions 
3. Inquiry Committee 
4. Procedure for holding inquiry 
5. Powers of the Inquiry Committee 
6. Appeal against minor and major penalties 
7. Ombudsperson 
8. Ombudsperson to enquire into complaint 
9. Representation to Governor 
10. Powers of the Ombudsperson 
11. Responsibility of employer 
12. Provisions of the Act in addition to and not  in derogation of any other 
law 
13. Power to make rules 
Compare the original stored transcription

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 0f995b81c5a7a76680f09b076b2718ea3db2c5059d3e825de0a1fbbdc787f4ae.

THE PROTECTION AGAINST HARASSMENT OF WOMEN 
AT THE WORKPLACE ACT, 2010 
(IV of 2010) 
CONTENTS 
1. Short title, extent and commencement 
2. Definitions 
3. Inquiry Committee 
4. Procedure for holding inquiry 
5. Powers of the Inquiry Committee 
6. Appeal against minor and major penalties 
7. Ombudsperson 
8. Ombudsperson to enquire into complaint 
9. Representation to Governor 
10. Powers of the Ombudsperson 
11. Responsibility of employer 
12. Provisions of the Act in addition to and not  in derogation of any other 
law 
13. Power to make rules 
SCHEDULE 
 
TEXT 
1
THE PROTECTION AGAINST HARASSMENT OF WOMEN AT THE 
WORKPLACE ACT, 2010 
(IV of 2010) 
[11th March, 2010] 
An 
Act 
to make provisions for the protection against harassment of women at the workplace 
WHEREAS the constitution of the Islamic Republic of Pakistan recognizes the 
fundamental right of citizens to dignity of person;  
AND WHEREAS it is expedient to make this provision for the protecti on 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, 2010.  
2
[(2) It extends to whole of the Punjab.] 
(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 
3
[Punjab 
Industrial Relations Act 2010 (XIX of 2010)] , or any other law for the 
time being in force.  
(c)  “Code” means the Code of Conduct as mentioned in the Schedule to 
this Act;  
(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 
4
[Ombudsperson] or to the Inquiry Committee on being aggrieved 
by an act of harassment;  
                                                           
1This Act wa s passed by the Parliament; assented to by the President on 9  March 2010; and published in the Gazette of 
Pakistan (Extraordinary), dated 11 March 2010, pages 63-84. 
2Substituted by the Punjab Protection Against Harassment of Women a t the Workplace (Amendm ent) Act 2012 ( III of 2013) , 
w.e.f.5.1.2013, s.3; and published in the Punjab Gazette (Extraordinary), pages 1959-1960. 
3Substituted for the expressions “Industrial Relations Act, 2008 (IV of 2008)”  by the Punjab Protection Against Harassment of 
Women at t he Workplace (Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s. 4; and published in the Punjab Gazette 
(Extraordinary), pages 1959-1960. 
(f)  “employee” means a regular or contractual employee wheth er 
employed on daily, weekly,  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;  
5
[(iii)  the authority, in relation to an organization or group of 
organizations run by or under the authority of the Government, 
the Federal Governmen t 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;] 
(iv)  the office bearer, in relation to an organization run by or on 
behalf of the local autho rity, appointed in this behalf, or where 
no officer is so appointed, the chief executive officer 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 f or any 
purpose whatsoever and for payment in any form and on any 
basis whatsoever; and  
(vii)  office bearers of 
6
[* * * *] a Federal or a Provincial or local 
authority who belong to the managerial, secretarial or directional 
cadre or categories of supervi sors or agents and those who 
have been notified for this purpose in the official Gazette; 
7
[(gg) “Government” means Government of the Punjab;]  
(h)  “harassment” means any unwelcome sexual advance, request for 
sexual favors or other verbal or written commu nication or physical 
                                                                                                                                                                                     
4Substituted for the wo rd “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace 
(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -
1960. 
5Substituted by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 (III of 2013), 
w.e.f.5.1.2013, s.4; and published in the Punjab Gazette (Extraordinary), pages 1959-1960. 
6Omitted the words “a department or a Division of ” by the Punjab Protection Against Harassment of Women at the Workplace 
(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.4; and p ublished in the Punjab Gazette (Extraordinary), pages 1959 -
1960. 
7Inserted by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 (III of 2013), 
w.e.f.5.1.2013, s.4; and published in the Punjab Gazette (Extraordinary), pages 1959-1960. 
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 t o 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)  
8
[Ombudsperson] means the 
9
[Ombudsperson] 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 wo rk 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 con sist 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 ou tside 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.  
                                                           
8Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace 
(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -
1960. 
9Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace 
(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -
1960. 
(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 t he 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 Commi ttee 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 ac cused 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 per iod, 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 p ost or time -scale, or to a lower stage in a 
time-scale;  
(b)  compulsory retirement;  
(c)  removal from service;  
(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 fin e 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 Commi ttee 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 t rauma 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 Inq uiry 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;  
(c)  to receive evidence on affidavits; and  
(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 
10
[Ombudsperson] 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.  
                                                           
10Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace 
(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -
1960. 
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 
11
[Ombudsperson] 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 
12
[Ombudsperson]. 
(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 th e decision to 
both the parties and the employer.  
13
[(4) * * * * * * * * * * *   ] 
14
[(5) * * * * * * * * * * *   ] 
15
[7.  Ombudsperson.– The Government shall appoint the Ombudsperson on such 
terms and conditions as may be prescribed. 
(2) A person shall be qu alified 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 n ot 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 Om budsperson may appoint such staff as may be required to 
achieve the purposes of this Act.] 
16[(5) The Ombudsperson shall hold office for a period of four years and shall 
not be eligible for extension of tenure or re-appointment. 
                                                           
11Substituted for the word “Ombudsman” by the Pu njab Protection Against Harassment of Women at the Workplace 
(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -
1960. 
12Substituted for the word “Ombudsman” by the Punjab Protection Again st Harassment of Women at the Workplace 
(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -
1960. 
13Omitted by the Punjab Protection Against Harassment of Women at the Workplace (Amendment ) Act 2012 (III of 2013), 
w.e.f.5.1.2013, s.5; and published in the Punjab Gazette (Extraordinary), pages 1959-1960. 
14Omitted  by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 (III of 2013), 
w.e.f.5.1.2013, s.5; and published in the Punjab Gazette (Extraordinary), pages 1959-1960. 
15Substituted  by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 (III of 2013), 
w.e.f.5.1.2013, s.6; and published in the Punjab Gazette (Extraordinary), pages 1959-1960 
16Added by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2021 (I of 20 22), 
published in the Punjab Gazette (Extraordinary), dated: 12th January 2022, pp. 3399, s.2.  
(6) The Ombudsperson may res ign from office by writing under her hand 
addressed to the Governor.] 
8.  
17
[Ombudsperson] to enquire into complaint .- (1) Any employee shall have 
the option to prefer a complaint either to the 
18
[Ombudsperson] or the Inquiry 
Committee.   
(2)  The 
19
[Ombudsperson] 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 
20
[Ombudsperson]  within five days 
and his failure to do so without reasonable cause the 
21
[Ombudsperson] may proceed 
ex-parte. Both the parties can represent themselves before the 
22
[Ombudsperson].  
(3) The 
23
[Ombudsperson] shall conduct an inquiry into the matter 
according to the rules made under this Act and conduct proceedin gs as the 
24
[Ombudsperson] deems proper.  
(4)  For the purposes of an investigation under this Act, the 
25
[Ombudsperson] 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 
26
[Ombudsperson] is relevant and helpful in the conduct of the investigation.  
(5)  The 
27
[Ombudsperson] shall record his decision and inform both parties 
and the management of the concerned organization for implementation of the orders.  
                                                           
17Substituted for the word “Ombud sman” by the Punjab Protection Against Harassment of Women at the Workplace 
(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -
1960. 
18Substituted for the word “Ombudsman” by the Punjab P rotection Against Harassment of Women at the Workplace 
(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -
1960. 
19Substituted for the word “Ombudsman” by the Punjab Protection Against Har assment of Women at the Workplace 
(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -
1960. 
20Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at t he Workplace 
(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -
1960. 
21Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace 
(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -
1960. 
22Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace 
(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -
1960. 
23Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace 
(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013 , s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -
1960. 
24Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace 
(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -
1960. 
25Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace 
(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette  (Extraordinary), pages 1959 -
1960. 
26Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace 
(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pag es 1959 -
1960. 
27Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace 
(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -
1960. 
28
[9. Representation to Governor .– Any person aggrieved by a decision of the 
Ombudsperson under subsection (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.]  
10.  Powers of the 
29
[Ombudsperson].– The 
30
[Ombudsperson] shall for the 
purpose of this Act have the same powers as are vested in a Civil Court under the 
Code of Civil Procedure, 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 
31
[Ombudsperson] has a 
reason to believe that any information relevant to the case may be 
found; and 
(vi) the 
32
[Ombudsperson] shall have the same powers as the High Court 
has to punish any person for its contempt.  
(2)  
33
[Ombudsperson] shall while making the decision on the complaint 
may impose any of the minor or ma jor penalties specified in sub -section (4) of 
section 4.  
11. Responsibility of employer.– (1) It shall be the responsibility of the employer 
to ensure impleme ntation 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.  
                                                           
28Substituted by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 (III of 2013), 
w.e.f.5.1.2013, s.7; and published in the Punjab Gazette (Extraordinary), pages 1959-1960 
29Substituted for the word “Ombudsman” by the Punjab Pr otection Against Harassment of Women at the Workplace 
(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -
1960. 
30Substituted for the word “Ombudsman” by the Punjab Protection Against Hara ssment of Women at the Workplace 
(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -
1960. 
31Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at th e Workplace 
(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -
1960. 
32Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace 
(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -
1960. 
33Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace 
(Amendment) Act 2012 (III of 2 013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -
1960. 
(3)  On failure of an employer to comply with the provisions of this section 
any employee of an organization may file a 
34
[complaint before the Ombudsperson ] 
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.  
35
[(4) A person aggrieved by an order under subsection (3) may, within thirty 
days of the communication of the order, make a representation to the Governor 
whose decision shall be final.] 
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 
36
[* * *] Government may make rules to carryout 
the purposes of this Act.  
                                                           
34Substituted for the words “petition before the District Court”   by the Punjab Protection Against Harassment of Women at the 
Workplace (Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.8; and published in the Punjab Gazette (Extraordinary), pages 
1959-1960 
35Inserted by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 (III of 2013), 
w.e.f.5.1.2013, s.8; and published in the Punjab Gazette (Extraordinary), pages 1959-1960 
36Omitted the word “Federal” by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 
(III of 2013), w.e.f.5.1.2013, s.9; and published in the Punjab Gazette (Extraordinary), pages 1959-1960 
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 e tc. 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 wor k 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 organizatio n 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 e mployee 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 hav e 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 in teract 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 t he 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 occu rs 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 arr angement 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.  
37
[Kindly see end notes for statement of objects and reasons]  
                                                           
37The 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 productivit y 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 Gove rnment’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 1 11 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 establ ish 
an 37[Ombudsperson] at Federal and provincial levels.
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Section 3

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usal to comply t o 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) 8 [Ombudsperson] means the 9 [Ombudsperson] appointed under sec

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responsible for the management of the affairs of an organization and includes an employer; (k) 8 [Ombudsperson] means the 9 [Ombudsperson] 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 controll

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Section 4

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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 10 [Ombudsperson] for appropriate action against the complainant if allegations leveled against the accused found to be false and made with mala fide intentions. (4) The

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Section 7

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ity on whom minor or major penalty is imposed may within thirty days of written communication of decision prefer an appeal to an 11 [Ombudsperson] 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 12 [Ombudsperson]. (3) The Appellate Authority may, on consideration of the appe

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Section 8

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jab Gazette (Extraordinary), pages 1959 - 1960. 28 [9. Representation to Governor .– Any person aggrieved by a decision of the Ombudsperson under subsection (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.] 10. Powers of the 29 [Ombudsperson].– The 30 [Ombudsperson] shall for the purpose

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Section 4

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tempt. (2) 33 [Ombudsperson] shall while making the decision on the complaint may impose any of the minor or ma jor penalties specified in sub -section (4) of section 4. 11. Responsibility of employer.– (1) It shall be the responsibility of the employer to ensure impleme ntation of this Act, including but not limited to incorporate the Code of Conduct for protection against harassment at

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Section 3

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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 org

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Section 4

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ment 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 commencem

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Section 7 of PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE ACT 2010

Cited by Enforcement of Women's Property Rights Act, 2020

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iated in respect of the title or possession of her property; (b) ‘Government’ means the Federal Government; (c) ‘Ombudsman’ means the Ombudsman appointed under section 7 of the Protection against Harassment of Women at the Workplace Act, 2010 (IV of 2010); (d) ‘prescribed’ means prescribed by rules; (e) ‘property’ includes any moveable and immoveable property; and Page 3 of 5 (f) ‘rules’ mean rules made under this Act. 3. Powers of the Ombud

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Target heading · PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE ACT 2010

15 [7. Ombudsperson.– The Government shall appoint the Ombudsperson on such terms and conditions as may be prescribed. (2) A person shall be qu alified 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

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Section 7 of PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE ACT 2010

Cited by PUNJAB ENFORCEMENT OF WOMEN'S PROPERTY RIGHTS ACT 2021

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d in respect of the title or possession of her property; (b) “Government” means Government of the Punjab; (c) “Ombudsperson” means the Ombudsperson appointed under section 7 of the Protection against Harassment of Women at the Workplace Act, 2010 (IV of 2010); (d) “prescribed” means prescribed by the rules; (e) “property” includes any moveable and immoveable property; and (f) “rules” means the rules made under this Act. 3. Powers of the Ombudsperson . – In additi

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Target heading · PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE ACT 2010

15 [7. Ombudsperson.– The Government shall appoint the Ombudsperson on such terms and conditions as may be prescribed. (2) A person shall be qu alified 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

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0f995b81c5a7a76680f09b076b2718ea3db2c5059d3e825de0a1fbbdc787f4ae
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8f271b068a8c268092401831e0da5835feb0094a3f0e868707e2b1410c024cc0
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PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE ACT 2010
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Punjab — this does not establish territorial applicability.
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2026-08-06T16:47:54Z
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punjab-code-5cff1ea359671fe9
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0f995b81c5a7a76680f09b076b2718ea3db2c5059d3e825de0a1fbbdc787f4ae

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