PUNJAB PROTECTION OF WOMEN AGAINST VIOLENCE ACT 2016
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THE PUNJAB PROTECTION OF WOMEN AGAINST VIOLENCE ACT 2016 (XVI of 2016)
TEXT 1THE PUNJAB PROTECTION OF WOMEN AGAINST VIOLENCE ACT 2016 (XVI of 2016) [29th February 2016] An Act to establish an effective system of protection, relief and rehabilitation of women against violence. Since the Constitution of the Islamic Republic of Pakistan, while guaranteeing gender equality, enables the State to make any special provision for the protection of women, it is necessary to protect women against violence including domestic violence, to establish a protection system for effective service delivery to women victims and to create an enabling environment to encourage and facilitate women freely to play their desired role in the society, and to provide for ancillary matters; Be it enacted by Provincial Assembly of the Punjab as follows:–
Section 1. Short title, extent and commencement
(1) This Act may be cited as the Punjab Protection of Women against Violence Act 2016.
(2) It extends to the whole of the Punjab.
(3) It shall come into force on such date as the Government may, by notification, specify and different dates may be so specified for various areas in the Punjab.
Section 2. Definitions
(1) In this Act:
(a) "aggrieved person" means a female who has been subjected to violence by a defendant;
2[(aa) “Authority” means the Punjab Women Protection Authority established under section 3 of the Punjab Women Protection Authority Act 2017 (X of 2017);]
(b) "Committee" means a District Women Protection Committee established under the Act;
(c) “Code” means the Code of Criminal Procedure, 1898 (V of 1898);
(d) “Court” means the Family Court established under the Family Courts Act, 1964 (XXXV of 1964);
(e) “dependent child” means a male child who is below the age of twelve years of age and includes any adopted, step or foster child;
1This Act was passed by the Provincial Assembly of the Punjab on 24 February 2016; assented to by the Governor of the Punjab on 26 February 2016; and was published in the Punjab Gazette (Extraordinary), dated: 29 February 2016, pp. 4053-
4063.
2Inserted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.3.
(f) 3[“Deputy Commissioner”] means the 4[Deputy Commissioner] of the district;
(g) “District Women Protection Officer” means the District Women Protection Officer appointed under the Act;
(h) 5[“domestic violence” means the violence committed by the defendant with whom the aggrieved person is living or has lived in a house or visits the house when they are related to each other by consanguinity, marriage, adoption or in terms of employment;]
(i) “Government” means Government of the Punjab;
(j) “house” includes a place where the aggrieved person lives in a domestic relationship irrespective of right to ownership or possession of the aggrieved person, defendant or joint family 6[,or lives or visits such place as a domestic worker];
(k) “prescribed” means prescribed by rules made under the Act;
(l) “Protection Centre” means a Violence against Women Centre established 7[or declared] under the Act;
(m) “protection system” means the protection system constituted under the Act and includes a Committee, a Protection Centre and a shelter home established under the Act;
(n) "defendant" means a person against whom relief has been sought by the aggrieved person;
(o) “resident” means a woman residing in a shelter home or a dependent child of such woman residing with her in the shelter home or a child residing in a shelter home;
(p) “rules” means the rules made under the Act; 8[(pp) “Secretary” means Secretary to the Government, Social Welfare and Bait-ul-Maal Department;]
(q) “shelter home” means a premises established or licensed by the Government under the Act to provide board and lodging and rehabilitation services to the aggrieved persons, other women and their children;
3Substituted for the words ‘District Coordination Officer’ by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.2.
4Substituted for the words ‘District Coordination Officer’ by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.2.
5Substituted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.3.
6Inserted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.3.
7Inserted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.3.
8Inserted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.3.
(r) “violence” means any offence committed against the human body of the aggrieved person including abetment of an offence, domestic violence, sexual violence, psychological abuse, economic abuse, stalking or a cybercrime;
Explanations.– In this clause:
(1) “economic abuse” means denial of food, clothing and shelter in a domestic relationship to the aggrieved person by the defendant in accordance with the defendant’s income or taking away the income of the aggrieved person without her consent by the defendant; and
(2) “psychological violence includes psychological deterioration of aggrieved person which may result in anorexia, suicide attempt or clinically proven depression resulting from defendant’s oppressive behavior or limiting freedom of movement of the aggrieved person and that condition is certified by a panel of psychologists appointed by District Women Protection Committee; and
(s) “Women Protection Officer” means a Women Protection Officer appointed 9[or nominated] under the Act.
(2) A word or expression not defined in the Act shall have the same meaning as assigned to it in the Code or the Pakistan Penal Code, 1860 (XLV of 1860).
Section 3. Measures for the implementation of the Act
(1) The Government shall:
(a) institute a universal toll free dial-in-number for the aggrieved persons;
(b) establish Protection centers and shelter homes under a phased programme;
(c) appoint necessary staff at a Protection Centre for mediation and reconciliation between the parties, rescue, medical examination, medical and psychological treatment and legal help of the aggrieved persons and proper investigation of offences committed against aggrieved persons;
(d) arrange for wide publicity of this Act and the protection system in Urdu and, if necessary, in local languages;
(e) institute a mechanism for the periodic sensitization and awareness of the concerned public servants about the issues involving women and the requirements of protection and relief of the aggrieved persons; and
(f) take other necessary measures to accomplish the objective of the Act.
(2) The Government shall establish a data-base and software for timely service delivery and monitoring and evaluation mechanism in the prescribed manner with a view to achieving the objectives of the Act and, where necessary, shall introduce necessary reforms for the purpose.
9Inserted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.3.
Section 4. Complaint to Court
(1) An aggrieved person, or a person authorized by the aggrieved person or the Women Protection Officer may submit a complaint for obtaining a protection, residence or monetary order in favour of the aggrieved person in the Court within whose jurisdiction:
(a) the aggrieved person resides or carries on business;
(b) the defendant resides or carries on business; or
(c) the aggrieved person and the defendant last resided together.
(2) The Court shall proceed with the complaint under this Act and the Court shall fix the first date of hearing which shall not be beyond seven days from the date of the receipt of the complaint by the Court.
(3) On receipt of the complaint, the Court shall issue a notice to the defendant calling upon him to show cause within seven days of the receipt of notice as to why any order under the Act may not be made and if the defendant fails to file a reply within the specified time, the Court, subject to service of the notice on the defendant, shall assume that the defendant has no plausible defense and proceed to pass any order under this Act.
(4) The Court shall finally decide the complaint within ninety days from the date of the receipt of the complaint, as nearly as possible, under Chapter XXII of the Code relating to the summary trials.
Section 5. Right to reside in house
Notwithstanding anything contained in any other law, the aggrieved person, who is the victim of domestic violence:
(a) shall not be evicted, save in accordance with law, from the house without her consent or if wrongfully evicted, the Court shall restore the position maintaining before the eviction of the aggrieved person if the aggrieved person has right, title or beneficial interest in the house; or
(b) may choose to reside in the house, or in an alternative accommodation to be arranged by the defendant as per his financial resources, or in a shelter home.
Section 6. Interim order
(1) Pending proceedings under this Act, the Court may, at any stage of the complaint, pass such interim order as it deems just and proper.
(2) If the Court is satisfied that the complaint prima facie shows that the defendant has committed an act of violence or is likely to commit an act of violence, it may issue an order on the basis of an affidavit of the aggrieved person or any other material before the Court.
Section 7. Protection order
(1) If the Court is satisfied that any violence has been committed or is likely to be committed, the Court may pass a protection order in favour of the aggrieved person and direct the defendant:
(a) not to have any communication with the aggrieved person, with or without exceptions;
(b) stay away from the aggrieved person, with or without exceptions;
(c) stay at such distance from the aggrieved person as may, keeping in view the peculiar facts and circumstances of the case, be determined by the Court;
(d) wear ankle or wrist bracelet GPS tracker for any act of grave violence or likely grave violence which may endanger the life, dignity or reputation of the aggrieved person;
(e) move out of the house in case of an act of grave violence if the life, dignity or reputation of the aggrieved person is in danger;
(f) surrender any weapon or firearm which the defendant lawfully possesses or prohibit the defendant from purchasing a firearm or obtaining license of a firearm;
(g) refrain from aiding or abetting an act of violence;
(h) refrain from entering the place of employment of the aggrieved person or any other place frequently visited by the aggrieved person;
(i) refrain from causing violence to a dependent, other relative or any person who provides assistance to the aggrieved person against violence; or
(j) refrain from committing such other acts as may be specified in the protection order.
(2) The Court may issue one or more directions contained in subsection
(1) even if the aggrieved person has not prayed for such direction and may, keeping in view the peculiar facts and circumstances of the case, specify the period for which the protection order shall remain operative.
(3) The Court may impose any additional conditions or pass any other direction which it may deem reasonably necessary to protect and provide for the safety of the aggrieved person or any dependent child of the aggrieved person.
(4) The Court may require the defendant to execute a bond, with or without sureties, for preventing the commission of violence.
(5) While making an order under this section or section 8, the Court may, pass an order directing the Women Protection Officer to provide protection to the aggrieved person or to assist the aggrieved person or the person making a complaint on behalf of the aggrieved person.
(6) The Court may direct the police to assist the Women Protection Officer in the implementation of the protection or residence order.
Section 8. Residence order
(1) The Court, in case of domestic violence, may in addition to any order under section 7, pass a residence order directing that:
(a) the aggrieved person shall not be evicted, save in accordance with law, from the house;
(b) the aggrieved person has the right to stay in the house;
(c) the aggrieved person may be relocated from the house to the shelter home for purposes of relief, protection and rehabilitation;
(d) the defendant shall deliver the possession of any property or documents to the aggrieved person to which the aggrieved person is entitled;
(e) the defendant or any relative of the defendant is restrained from entering the shelter home or place of employment or any other place frequently visited by the aggrieved person; or
(f) shall arrange an alternative accommodation for the aggrieved person or to pay rent for the alternative accommodation.
(2) The Court may, keeping in view the peculiar facts and circumstances of the case, issue one or more directions contained in subsection (1) even if the aggrieved person has not prayed for such direction and may specify the period for which the residence order shall remain in force.
(3) The Court shall have due regard to the financial needs and resources of the parties before passing any order having financial implications.
Section 9. Monetary order
(1) The Court may, at any stage of the trial of a case, pass an order directing the defendant to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and such relief may include:
(a) such compensation, as the Court may determine, to the aggrieved person for suffering as a consequence of economic abuse;
(b) loss of earning;
(c) medical expense;
(d) loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person to which the aggrieved person is entitled;
(e) payment of reasonable rent and meals for shelter provided to the aggrieved person and dependent children in a shelter home if the defendant is mandated by the law to provide shelter to the aggrieved person and dependent children; and
(f) reasonable maintenance for the aggrieved person and her dependent children, if any, in addition to an order of maintenance under family
laws.
(2) The Court shall have due regard to the financial needs and resources of the parties before passing any order under subsection (1).
(3) The defendant shall pay monetary relief to the aggrieved person within the period specified in the order made under subsection (1).
(4) If the defendant fails to make payment within the period mentioned in the order, the Court shall direct the employer or debtor of the defendant, directly to pay the aggrieved person or to deposit with the Court a portion of the wages or debt due to or accrued to the credit of the defendant.
(5) The amount paid or deposited under subsection (4) shall be adjusted by the employer or debtor towards payment to the defendant.
(6) The Court may direct that the monetary relief payable or paid on account of shelter being provided in the shelter home shall be credited to the protection system.
Section 10. Duration and alteration of orders
(1) The interim order, protection order or residence order shall remain in force during the period specified by the Court.
(2) The Court may, keeping in view the circumstances and for reasons to be recorded in writing, alter or discharge any order made under this Act.
(3) The Court shall, on an application of the aggrieved person, discharge any order passed under the Act.
(4) Nothing in this section shall prevent an aggrieved person from making a fresh application after the previous interim, protection or residence order has been discharged.
Section 11. District Women Protection Committee
(1) The Government shall, by notification, constitute a District Women Protection Committee for each district.
(2) The Committee shall be headed by the 10[Deputy Commissioner] of the district and shall, subject to subsection (3), consist of the following members:
(a) 11[Chief Executive Officer, District Health Authority];
(b) 12[a representative of the Local Government and Community Development Department of the Government];
(c) a representative of the head of District Police;
(d) 13[Deputy Director] Social Welfare;
(e) District Public Prosecutor; and
(f) District Women Protection Officer (Secretary).
(3) The 14[Authority] shall nominate four non-official members of each District Women Protection Committee from amongst civil society and philanthropists who are residents of the district.
(4) A member, including a co-opted member of the Committee, shall not be entitled to any remuneration or fee or any other charges or facilities for services rendered under the Act.
(5) The 15[Authority] shall nominate the Vice Chairperson of the Committee from amongst the non-official members.
10Substituted for the words ‘District Coordination Officer’ by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.2.
11Substituted for the words ‘Executive District Officer (Health)’ by the Punjab Protection of Women Against Violence
(Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022,
pp. 2397-2398, s.4.
12Substituted for the words ‘Executive District Officer (Community Development)’ by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.4.
13Substituted for the words ‘District Officer’ by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.4.
14Substituted for the word ‘Government’ by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.4.
(6) The Committee shall hold at least one meeting in every three months and shall regulate its procedure.
(7) The 16[Authority] may, at any time, remove a non-official member on charges of misconduct, disinterest, exploitation or misuse of powers, or any other act which is detrimental to the objectives of the Act.
Section 12. Functions of the Committee
(1) The Committee shall:
(a) supervise the working of the Protection Centre, shelter home and toll free helpline and take necessary steps to improve the services;
(b) ensure uninterrupted functioning of the toll free dial-in-number of the Protection Centre and high quality response and services at the Protection Centre and, for the purpose, shall arrange training for the concerned employees;
(c) develop liaison with other departments and agencies in the district enabling the Protection Centre and shelter home best to perform the task of protection of women;
(d) try mediation and reconciliation between the parties for resolution of disputes under this Act;
(e) ensure that the cases of violence registered in any of police station of the district are referred to the Protection Centre for medical examination, collection of forensics and investigation and until the Protection Centre is established in the district, shall make standing arrangements for shifting of the aggrieved person, with her consent, to the nearest Protection Centre;
(f) approve annual plan of action for the Protection Centre and shelter home;
(g) discuss problems being faced by the Protection Centre and shelter home and find possible solution of the problems;
(h) monitor and evaluate working of the Protection Centre and shelter home;
(i) enlist women volunteers and women volunteer organizations in the district and assign roles under this Act to such volunteers and organizations;
(j) suggest measures for better protection of women or improvement in the protection system to the Government;
(k) ensure minimum standards, code of conduct and standard operating procedures to be followed by the employees of the protection system;
(l) approve annual report about physical targets, activities and gaps of the protection system in the district for submission to the Government; and
15Substituted for the word ‘Government’ by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.4.
16Substituted for the word ‘Government’ by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.4.
(m) perform such other functions as may be assigned to it by the 17[Authority] and as are ancillary to any of the above functions or necessary to accomplish the objectives of the Act.
(2) The Committee may accept donations such as land, vehicles, equipment or money for the facilitation of the functioning of the protection system and all such donations shall be used, maintained and disposed of by the Committee in the prescribed manner.
(3) The 18[Secretary] may delegate any of the functions of the Committee to the 19[Deputy Commissioner] subject to such terms and conditions as the Government may determine.
Section 13. Protection Centres and shelter homes
(1) The Government shall establish Protection Centres through a phased programme for protection of the aggrieved persons.
(2) A Protection Centre shall:
(a) be a converging point for all essential services to ensure justice delivery including police reporting, registration of criminal cases, medical examination, collection of forensic and other evidence;
(b) register the cases of violence and facilitate medical examination, collection of forensic and other evidence and proper prosecution of the cases;
(c) provide first aid relief to an aggrieved person;
(d) collect and assist to collect evidence within twenty four hours to facilitate investigation and effective prosecution;
(e) provide immediate protection to an aggrieved person;
(f) establish an effective system for the receipt and disposal of the complaints within the time mentioned in the operating procedures;
(g) maintain an effective system of mediation and reconciliation for resolution of disputes under this Act;
(h) register information against the perpetrators of violence;
(i) initiate cases of state-inflicted violence, if any, against women;
(j) maintain audio-visual record of all actions carried out under the Act;
(k) provide or arrange to provide legal aid to an aggrieved person;
(l) provide psychological counseling to an aggrieved person;
(m) mediate between an aggrieved person and the defendant for resolution of disputes under the Act; and
17Substituted for the word ‘Government’ by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.5.
18Substituted for the word ‘Government’ by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.5.
19Substituted for the words ‘District Coordination Officer’ by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.2.
(n) act as a community centre to guide women in all Government related inquiries.
(3) The Government shall, through a phased programme, establish a shelter home in each district or for a local area within a district, for board and lodging of the aggrieved persons and needy women and provision of social and rehabilitative services to the residents.
(4) A shelter home shall:
(a) provide shelter and other allied facilities to an aggrieved person or other needy women along with dependent children;
(b) provide, with the consent of the resident, rehabilitation services to reintegrate residents with their families and society where necessary;
(c) refer the case of a resident to the appropriate authority or body for redressal of her grievance and regularly monitor provision of services to the residents;
(d) arrange for technical and vocational training of the residents;
(e) provide legal, medical, emotional support, guidance and psychological counseling to the residents;
(f) repatriate or rehabilitate the residents in the shortest possible time;
(g) maintain discipline and regulate visitation and timings; and
(h) perform any other prescribed function or a function assigned to it by the Committee for purposes of protection of women, children and vulnerable persons.
(5) Subject to general or special direction of the Committee, a male child who is not a dependent child shall not be admitted in the shelter home and instead may be referred to the Child Protection and Welfare Bureau for provision of shelter, board and lodging, education and training. 20[(6) Where a Protection Centre or shelter home is not established under this section, the Secretary may, subject to such terms and conditions as he may determine, declare any existing Government facility, centre or institution providing similar services as Protection Centre or shelter home for purposes of this Act.
(7) Where any existing facility, centre or institution is declared as Protection Centre or shelter home under subsection (6), the infra-structure, paraphernalia, assets and the employees of such facility, centre or institution shall remain under the administrative control of the Social Welfare and Bait-ul-Maal Department of the Government:
provided that the service structure and terms and conditions of service of the employees of such facility, centre or institution shall continue to be governed under the law, rules and policies applicable to them for the time being in force.]
20Inserted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.6.
Section 14. Women Protection Officer
(1) The Government shall, by notification, appoint a District Women Protection Officer for a district and Women Protection Officers21[:]
22[provided that where the District Women Protection Officers or Women Protection Officers are not appointed under this section, the Secretary may, subject to such terms and conditions as he may determine, by notification in the official Gazette nominate any officer of the Social Welfare and Bait-ul-Maal Department of the Government to perform the functions of the District Women Protection Officers or Women Protection Officers under this Act.]
(2) Subject to general supervision of the Committee, a District Women Protection Officer shall:
(a) supervise and coordinate the protection system in the district;
(b) maintain liaison, supervise, plan, implement, monitor and periodically evaluate the protection system in the district;
(c) be responsible for training of the staff, reporting and documentation of the protection system in the district;
(d) provide counselling services to the aggrieved persons in the Protection Centre and shelter home;
(e) approve a rescue operation for rescuing an aggrieved person;
(f) file a habeas corpus case on the basis of any credible information of wrongful confinement of an aggrieved person;
(g) set specific, measureable, achievable and relevant targets for the protection system to be achieved in the specified time;
(h) ensure achievement of targets and submit compliance report in every meeting of the Committee; and
(i) prepare an annual report about targets, activities and gaps of the protection system.
(3) Subject to the supervision of the District Women Protection Officer, a Women Protection Officer shall:
(a) assist the District Women Protection Officer in the performance of her functions;
(b) respond to the calls or queries of women on internet or toll free dial-in- number of the Protection Centre;
(c) rescue an aggrieved person and, subject to this Act, admit her and her dependent children or other family members, if necessary, in the shelter home;
21Substituted for the ‘full stop’ by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.7.
22Inserted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.7.
(d) direct the defendant to immediately move out of the house for a period not exceeding forty eight hours in order to protect life, dignity or reputation of the aggrieved person;
(e) approve admission of a woman or any other person in the shelter home in accordance with the provision of this Act and the rules governing the shelter home;
(f) provide counseling services on phone or, where necessary, by visiting an aggrieved person; and
(g) supervise working of officials of the shelter home.
(4) The District Women Protection Officer may perform any function of a Women Protection Officer and, in the absence of the District Women Protection Officer owing to any cause, the senior-most Women Protection Officer shall perform the functions of the District Women Protection Officer.
Section 15. Power to enter
(1) The District Women Protection Officer or a Women Protection Officer, at any time, enter in any place or house for the purpose of rescuing an aggrieved person but such officer or official shall not rescue the aggrieved person without her consent.
(2) The District Women Protection Officer or a Women Protection Officer shall give reasonable notice to the incharge of the place or house before entering and the incharge shall allow free access and afford all reasonable facilities to meet a woman residing or kept in the place or house.
(3) If access to such place or house cannot be obtained under sub-section (2), it shall be lawful for the District Women Protection Officer or a Women Protection Officer to enter such place or house in collaboration with district authorities including police and to meet an aggrieved person residing or kept in the place or house, and in order to effect an entrance into such place or house, to force her entry into the house or place.
(4) If the District Women Protection Officer or a Women Protection Officer who enters a place or house under this Act is detained in the house or place, she may force her exit from any house or place.
(5) Notwithstanding anything contained in this section, the powers of entry in a house or place of abode of a woman shall only be exercised by a female officer of the protection system.
Section 16. Assistance on request
(1) The District Women Protection Officer or a Women Protection Officer shall provide all reasonable assistance to an aggrieved person or to any other woman who needs such assistance in accordance with the provisions of this Act.
(2) The District Women Protection Officer or a Women Protection Officer may provide or offer to provide assistance under the Act on the request of the aggrieved person or on information or complaint received from any corner in collaboration with district authorities including police.
(3) Nothing in this Act shall be construed to provide assistance to an aggrieved person when the woman or aggrieved person has voluntarily refused to accept such assistance.
Section 17. Assistance to officers
(1) For protection of an aggrieved person, the designated police officer, agency or local government shall be bound to assist the District Women Protection Officer or the Women Protection Officer in the performance of their functions under the Act.
(2) In the performance of their functions under the Act, the District Women Protection Committee may call for any information from any agency of the Government or a local government in the district and such agency or local government shall be bound to provide the requisite information.
Section 18. Penalty for obstructing a Protection Officer
Any person, who obstructs the District Woman Protection Officer or a Woman Protection Officer in the performance of the duties under this Act, shall be liable to imprisonment for a term which may extend to six months or fine which may extend five hundred thousand rupees or both.
Section 19. Penalty for filing false complaint
A person, who gives false information about the commission of violence which that person knows or has reason to believe to be false, shall be liable to punishment of imprisonment for a term which may extend to three months or fine which may extend to one hundred thousand rupees but which shall not be less than fifty thousand rupees or both.
Section 20. Penalty for breach of orders
(1) A defendant, who commits breach of an interim order, protection order, residence order or monetary order, or illegally interferes with the working of the GPS tracker, shall be punished with imprisonment for a term which may extend to one year or fine which may extend to two hundred thousand rupees but which shall not be less than fifty thousand rupees or both.
(2) A defendant, who violates the interim order, protection order, residence order or monetary order more than once, shall be liable to punishment which may extend to two years but which shall not be less than one year and to fine which may extend to five hundred thousand rupees but which shall not be less than one hundred thousand rupees.
Section 21. Cognizance and summary trial
(1) The Court shall not take cognizance of an offence under this Act except on a complaint of the District Women Protection Officer or a Woman Protection Officer acting on behalf of the District Women Protection Officer.
(2) The Court shall conduct the trial of an offence under this Act in accordance with the provisions of Chapter XXII of the Code relating to the summary trials.
Section 22. Appeal
(1) A person aggrieved from an interim order, protection order, residence order, monetary order or sentence of the Court may, within thirty days of the communication of the order or sentence, prefer an appeal to the court of sessions which shall decide the appeal within sixty days from the date of receipt of the appeal.
(2) The decision of the court of sessions on an appeal under subsection
(1) shall be final and shall not be called in question in any other court or forum except as provided under this Act.
Section 23. Right to information
(1) Subject to subsection (2), the Government shall, within seven days of acquiring any information pertaining to violence against the aggrieved person shall publish the details of the case and the steps taken for the protection of the aggrieved person, on its website accessible to the public free of
cost.
(2) The Government may, for reasons to be recorded in writing, not publish any information, wholly or partially:
(a) to ensure the safety, security, privacy and dignity of a woman or an aggrieved person;
(b) to protect national security or to maintain public order;
(c) to prevent any prejudice to the investigation of a case; or
(d) to protect the identity of an officer or official where such protection is necessary for the safety and security of such officer or official.
Section 24. Certain persons to be public servants
Every person engaged in, or employed for, the administration of this Act shall be deemed to be a public servant within the meaning of section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).
Section 25. Performance audit
(1) The 23[Authority] shall conduct or cause to be conducted the performance audit of the protection system of a district on periodic basis under the Act.
(2) The performance audit shall include the details of quality of services
provided by the protection system, the targets to achieve the purposes of the Act and the identification of weaknesses and recommendations for future improvements.
Section 26. Act not in derogation of other laws
Save as otherwise provided in the Act, the provisions of the Act are in addition to and not in derogation of any other
law.
Section 27. Training
The 24[Authority] shall, at regular intervals, arrange training of the District Women Protection Officers, Women Protection Officers and other employees of the protection system for achieving the purpose of the Act.
Section 28. Annual report
25[(1) The Authority shall, within three months of the close of a financial year, submit to Secretary an annual report relating to the affairs and efficacy of the protection system, and the Secretary shall cause the report to be laid before Provincial Assembly of the Punjab.]
(2) The annual report shall consist of:
(a) details of the services provided by the protection system along with a comprehensive statement of the rescue operations of the protection system during the preceding financial year;
23Substituted for the word ‘Government’ by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.8.
24Substituted for the word ‘Government’ by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.8.
25Substituted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.9.
(b) reasons for delay, if any, in reaching the aggrieved person in need of help of the protection system and proposed solutions;
(c) performance audit report, if any, of one or more protection system;
(d) suggestions and recommendations for further reforms of the protection system for purposes of improving the service delivery; and
(e) other matters considered appropriate by the Government or as may be prescribed.
Section 29. Rules
(1) The Government shall, after previous publication and by notification in the official Gazette, make rules for carrying out the purposes of this
Act.
(2) Without prejudice to the generality of the powers conferred under subsection (1), the Government shall 26[*****] make the rules relating to:
(a) establishment of monitoring and evaluation mechanism of the protection system;
(b) universal toll free dial-in-number of the protection system;
(c) regulation of meetings of the Committees;
(d) women volunteers and women volunteer organizations;
(e) use, maintenance and disposal of land, vehicle, equipment and other items or money donated to a Protection Centre or shelter home;
(f) details of medical, legal and psychological assistance, and shelter facilities;
(g) repatriation or rehabilitation of residents;
(h) maintenance of records and publication of information under the Act; and
(i) regulation of affairs of the of Protection centers and shelter homes.
Section 30. Immunity
No suit, prosecution or other legal proceedings shall lie against the Government, any officer of the Government, a Committee, convener or any member of a Committee, District Women Protection Officer, Women Protection Officer or official of a protection system for anything which is done in good faith under this Act or the rules.
Section 31. Power to remove difficulties
The Government may, within two years of the commencement of this Act and by notification, make such provisions, not inconsistent with this Act, as may appear necessary for removing any difficulty or giving effect to the provisions of the Act.
26Omitted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.10.
Print contents from the source
CONTENTS 1. Short title, extent and commencement 2. Definitions 3. Measures for the implementation of the Act 4. Complaint to Court 5. Right to reside in house 6. Interim order 7. Protection order 8. Residence order 9. Monetary order 10. Duration and alteration of orders 11. District Women Protection Committee 12. Functions of the Committee 13. Protection Centres and shelter homes 14. Women Protection Officer 15. Power to enter 16. Assistance on request 17. Assistance to officers 18. Penalty for obstructing a Protection Officer 19. Penalty for filing false complaint 20. Penalty for breach of orders 21. Cognizance and summary trial 22. Appeal 23. Right to information 24. Certain persons to be public servants 25. Performance audit 26. Act not in derogation of other laws 27. Training 28. Annual report 29. Rules 30. Immunity 31. Power to remove difficulties
Compare the original stored transcription
Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: ffe1a99f118b0ee137e8bc224e238849721c35e8436a4e28cc4a0c4e6aa8458d.
THE PUNJAB PROTECTION OF WOMEN AGAINST
VIOLENCE ACT 2016
(XVI of 2016)
CONTENTS
1. Short title, extent and commencement
2. Definitions
3. Measures for the implementation of the Act
4. Complaint to Court
5. Right to reside in house
6. Interim order
7. Protection order
8. Residence order
9. Monetary order
10. Duration and alteration of orders
11. District Women Protection Committee
12. Functions of the Committee
13. Protection Centres and shelter homes
14. Women Protection Officer
15. Power to enter
16. Assistance on request
17. Assistance to officers
18. Penalty for obstructing a Protection Officer
19. Penalty for filing false complaint
20. Penalty for breach of orders
21. Cognizance and summary trial
22. Appeal
23. Right to information
24. Certain persons to be public servants
25. Performance audit
26. Act not in derogation of other laws
27. Training
28. Annual report
29. Rules
30. Immunity
31. Power to remove difficulties
TEXT
1
THE PUNJAB PROTECTION OF WOMEN AGAINST VIOLENCE ACT 2016
(XVI of 2016)
[29th February 2016]
An
Act
to establish an effective system of protection, relief and rehabilitation of women
against violence.
Since the Constitution of the Islamic Republic of Pakistan, while guaranteeing
gender equality, enables the State to make any special provision for the protection of
women, it is necessary to protect women against violence including domestic
violence, to establish a protection system for effective service delivery to women
victims and to create an enabling environment to encourage and facilitate women
freely to play their desired role in the society, and to provide for ancillary matters;
Be it enacted by Provincial Assembly of the Punjab as follows:–
1. Short title, extent and commence ment.– (1) This Act may be cited as the
Punjab Protection of Women against Violence Act 2016.
(2) It extends to the whole of the Punjab.
(3) It shall come into force on such date as the Government may, by
notification, specify and different dates may be so specified for various areas in the
Punjab.
2. Definitions.– (1) In this Act:
(a) "aggrieved person" means a female who has been subjected to
violence by a defendant;
2[(aa) “Authority” means the Punjab Women Protection Authority established
under section 3 of the Punjab Women Protection Authority Act 2017 (X
of 2017);]
(b) "Committee" means a District Women Protection Committee
established under the Act;
(c) “Code” means the Code of Criminal Procedure, 1898 (V of 1898);
(d) “Court” means the Family Court established unde r the Family Courts
Act, 1964 (XXXV of 1964);
(e) “dependent child” means a male child who is below the age of twelve
years of age and includes any adopted, step or foster child;
1This Act was passed by the Provincial Assembly of the Punjab on 24 February 2016; assented to by the Governor of the
Punjab on 26 February 2016; and was published in the Punjab Gazette (Extraordinary), dated: 29 February 2016, pp. 4053-
4063.
2Inserted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022) , published in the
Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.3.
(f) 3[“Deputy Commissioner ”] means the 4[Deputy Commissioner] of the
district;
(g) “District Women Protection Officer” means the District Women
Protection Officer appointed under the Act;
(h) 5[“domestic violence” means the violence committed by the defendant
with whom the aggrieved person is living or has lived in a house or
visits the house when they are related to each other by consanguinity,
marriage, adoption or in terms of employment;]
(i) “Government” means Government of the Punjab;
(j) “house” includes a place where the aggrieved person lives in a
domestic relationship irrespective of right to owne rship or possession
of the aggrieved person, defendant or joint family 6[,or lives or visits
such place as a domestic worker];
(k) “prescribed” means prescribed by rules made under the Act;
(l) “Protection Centre” means a Violence against Women Centre
established 7[or declared] under the Act;
(m) “protection system” means the protection system constituted under the
Act and includes a Committee, a Protection Centre and a shelter home
established under the Act;
(n) "defendant" means a person against whom relief has been soug ht by
the aggrieved person;
(o) “resident” means a woman residing in a shelter home or a dependent
child of such woman residing with her in the shelter home or a child
residing in a shelter home;
(p) “rules” means the rules made under the Act;
8[(pp) “Secretary” means Secretary to the Government, Social Welfare and
Bait-ul-Maal Department;]
(q) “shelter home” means a premises established or licensed by the
Government under the Act to provide board and lodging and
rehabilitation services to the aggrieved persons, other women and their
children;
3Substituted for the words ‘District Coordination Officer’ by the Punjab Protection of Women Against Violence (Amendment) Act
2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.2.
4Substituted for the words ‘District Coordination Officer’ by the Punjab Protection of Women Against Violence (Amendment) Act
2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.2.
5Substituted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022) , published in the
Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.3.
6Inserted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022) , published in the
Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.3.
7Inserted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022) , published in the
Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.3.
8Inserted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022) , published in the
Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.3.
(r) “violence” means any offence committed against the human body of
the aggrieved person including abetment of an offence, domestic
violence, sexual violence, psychological abuse, economic abuse,
stalking or a cybercrime;
Explanations.– In this clause:
(1) “economic abuse” means denial of food, clothing and shelter in
a domestic relationship to the aggrieved person by the
defendant in accordance with the defendant’s income or taking
away the income of the aggrieved person without her consent by
the defendant; and
(2) “psychological violence includes psychological deterioration of
aggrieved person which may result in anorexia, suicide attempt
or clinically proven depression resulting from defendant’s
oppressive behavior or limiting fr eedom of movement of the
aggrieved person and that condition is certified by a panel of
psychologists appointed by District Women Protection
Committee; and
(s) “Women Protection Officer” means a Women Protection Officer
appointed 9[or nominated] under the Act.
(2) A word or expression not defined in th e Act shall have the same
meaning as assigned to it in the Code or the Pakistan Penal Code, 1860 (XLV of
1860).
3. Measures for the implementation of the Act.– (1) The Government shall:
(a) institute a universal toll free dial-in-number for the aggrieved persons;
(b) establish Protection centers and shelter homes under a phased
programme;
(c) appoint necessary staff at a Protection Centre for mediation and
reconciliation between the parties, rescue, medical exami nation,
medical and psychological treatment and legal help of the aggrieved
persons and proper investigation of offences committed against
aggrieved persons;
(d) arrange for wide publicity of this Act and the protection system in Urdu
and, if necessary, in local languages;
(e) institute a mechanism for the periodic sensitization and awareness of
the concerned public servants about the issues involving women and
the requirements of protection and relief of the aggrieved persons; and
(f) take other necessary measures to accomplish the objective of the Act.
(2) The Government shall establish a data -base and software for timely
service delivery and monitoring and evaluation mechanism in the prescribed manner
with a view to achieving the objectives of the Act and, where necessary, shall
introduce necessary reforms for the purpose.
9Inserted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), published in the
Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.3.
4. Complaint to Court.– (1) An aggrieved person, or a person authorized by the
aggrieved person or the Women Protection Officer may submit a complaint for
obtaining a protection, residence or monetary order in favour of the aggrieved person
in the Court within whose jurisdiction:
(a) the aggrieved person resides or carries on business;
(b) the defendant resides or carries on business; or
(c) the aggrieved person and the defendant last resided together.
(2) The Court shall proceed with the complaint under this Act and the
Court shall fix the first date of hearing which shall not be beyond seven days from
the date of the receipt of the complaint by the Court.
(3) On receipt of the complaint, the Court shall issue a notice to the
defendant calling upon him to show cause within seven days of the receipt of notice
as to why any order under th e Act may not be made and if the defendant fails to file
a reply within the specified time, the Court, subject to se rvice of the notice on the
defendant, shall assume that the defendant has no plausible defense and proceed to
pass any order under this Act.
(4) The Court shall finally decide the complaint within ninety days from the
date of the receipt of the complaint, as nearly as possible, under Chapter XXII of the
Code relating to the summary trials.
5. Right to reside in house .– Notwithstanding anything contained in any other
law, the aggrieved person, who is the victim of domestic violence:
(a) shall not be evicted, save in accordance with law, from the house
without her consent or if wrongfully evicted, the Court shall restore the
position maintaining before the eviction of the aggrieved person if the
aggrieved person has right, title or beneficial interest in the house; or
(b) may choose to reside in the house, or in an alternative accommodation
to be arranged by the defendant as per his financial resources, or in a
shelter home.
6. Interim order .– (1) Pending proceedings under this Act, the Court may, at
any stage of the complaint, pass such interim order as it deems just and proper.
(2) If the Court is satisfied that the complaint prima facie shows that the
defendant has committed an act of violence or is likely to commit an act of violence,
it may issue an order on the basis of an affidavit of the aggrieved person or any other
material before the Court.
7. Protection order .– (1) If the Court is satisfied that any violence has been
committed or is likely to be committed, the Court may pass a protection order in
favour of the aggrieved person and direct the defendant:
(a) not to have any communication with the aggrieved person, with or
without exceptions;
(b) stay away from the aggrieved person, with or without exceptions;
(c) stay at such distance from the aggrieved person as may, keeping in
view the peculiar facts and circumstances of the case, be determined
by the Court;
(d) wear ankle or wrist bracelet GPS tracker for any act of grave violence
or likely grave violence which may endanger the life, dignity or
reputation of the aggrieved person;
(e) move out of the house in case of an act of grave violence if the life,
dignity or reputation of the aggrieved person is in danger;
(f) surrender any weapon or firearm which the defendant lawfully
possesses or prohibit the defendant from purc hasing a firearm or
obtaining license of a firearm;
(g) refrain from aiding or abetting an act of violence;
(h) refrain from entering the place of employment of the aggrieved person
or any other place frequently visited by the aggrieved person;
(i) refrain from causi ng violence to a dependent, other relative or any
person who provides assistance to the aggrieved person against
violence; or
(j) refrain from committing such other acts as may be specified in the
protection order.
(2) The Court may issue one or more direct ions contained in subsection
(1) even if the aggrieved person has not prayed for such direction and may, keeping
in view the peculiar facts and circumstances of the case, specify the period for which
the protection order shall remain operative.
(3) The Cou rt may impose any additional conditions or pass any other
direction which it may deem reasonably necessary to protect and provide for the
safety of the aggrieved person or any dependent child of the aggrieved person.
(4) The Court may require the defendant to execute a bond, with or without
sureties, for preventing the commission of violence.
(5) While making an order under this section or section 8, the Court may,
pass an order directing the Women Protection Officer to provide protection to the
aggrieved person or to assist the aggrieved person or the person making a complaint
on behalf of the aggrieved person.
(6) The Court may direct the police to assist the W omen Protection Officer
in the implementation of the protection or residence order.
8. Residence order .– (1) The Court, in case of domestic violence, may in
addition to any order under section 7, pass a residence order directing that:
(a) the aggrieved person shall not be evicted, save in accordance with law,
from the house;
(b) the aggrieved person has the right to stay in the house;
(c) the aggrieved person may be relocated from the house to the shelter
home for purposes of relief, protection and rehabilitation;
(d) the defendant shall deliver the possession of any property or
documents to the aggrieved perso n to which the aggrieved person is
entitled;
(e) the defendant or any relative of the defendant is restrained from
entering the shelter home or place of employment or any other place
frequently visited by the aggrieved person; or
(f) shall arrange an alternative accommodation for the aggrieved person
or to pay rent for the alternative accommodation.
(2) The Court may, keeping in view the peculiar facts and circumstances of
the case, issue one or more directions contained in subsection (1) even if the
aggrieved person has not prayed for such direction and may specify the period for
which the residence order shall remain in force.
(3) The Court shall have due regard to the financial needs and resources
of the parties before passing any order having financial implications.
9. Monetary order.– (1) The Court may, at any stage of the trial of a case, pass
an order directing the defendant to pay monetary relief to meet the expenses
incurred and losses suffered by the aggrieved person and such relief may include:
(a) such compensation, as the Court may determine, to the aggrieved
person for suffering as a consequence of economic abuse;
(b) loss of earning;
(c) medical expense;
(d) loss caused due to the destruction, damage or removal of any
property from the control of the aggriev ed person to which the
aggrieved person is entitled;
(e) payment of reasonable rent and meals for shelter provided to the
aggrieved person and dependent children in a shelter home if the
defendant is mandated by the law to provide shelter to the aggrieved
person and dependent children; and
(f) reasonable maintenance for the aggrieved person and her dependent
children, if any, in addition to an order of maintenance under family
laws.
(2) The Court shall have due regard to the financial needs and resources
of the parties before passing any order under subsection (1).
(3) The defendant shall pay monetary relief to the aggrieved person within
the period specified in the order made under subsection (1).
(4) If the defendant fails to make payment within the period menti oned in
the order, the Court shall direct the employer or debtor of the defendant, directly to
pay the aggrieved person or to deposit with the Court a portion of the wages or debt
due to or accrued to the credit of the defendant.
(5) The amount paid or dep osited under subsection (4) shall be adjusted
by the employer or debtor towards payment to the defendant.
(6) The Court may direct that the monetary relief payable or paid on
account of shelter being provided in the shelter home shall be credited to the
protection system.
10. Duration and alteration of orders.– (1) The interim order, protection order or
residence order shall remain in force during the period specified by the Court.
(2) The Court may, keeping in view the circumstances and for reasons to
be recorded in writing, alter or discharge any order made under this Act.
(3) The Court shall, on an application of the aggrieved person, discharge
any order passed under the Act.
(4) Nothing in this section shall prevent an aggrieved person from making
a fresh application after the previous interim, protection or residence order has been
discharged.
11. District Women Protection Committee .– (1) The Government shall, by
notification, constitute a District Women Protection Committee for each district.
(2) The Committee shall be headed by the 10[Deputy Commissioner] of the
district and shall, subject to subsection (3), consist of the following members:
(a) 11[Chief Executive Officer, District Health Authority];
(b) 12[a representative of the Local Government and Co mmunity
Development Department of the Government];
(c) a representative of the head of District Police;
(d) 13[Deputy Director] Social Welfare;
(e) District Public Prosecutor; and
(f) District Women Protection Officer (Secretary).
(3) The 14[Authority] shall nominate four non -official members of each
District Women Protection Committee from amongst ci vil society and philanthropists
who are residents of the district.
(4) A member, including a co -opted member of the Committee, shall not
be entitled to any rem uneration or fee or any other charges or facilities for services
rendered under the Act.
(5) The 15[Authority] shall nominate the Vice Chairperson of the Committee
from amongst the non-official members.
10Substituted for the word s ‘District Coordination Officer ’ by the Punjab Protection of Women Against Violence (Amendment)
Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.2.
11Substituted for the word s ‘Executive District Officer (Health)’ by the Punjab Protection of Women Against Violence
(Amendment) Act 2022 (XXXVIII of 2022) , publish ed in the Punjab Gazette (Extraordinary), dated: 05 December 2022,
pp. 2397-2398, s.4.
12Substituted for the word s ‘Executive District Officer (Community Development) ’ by the Punjab Protection of Women Against
Violence (Amendment) Act 2022 (XXXVIII of 2022 ), published in the Punjab Gazette (Extraordinary), dated: 05 December
2022, pp. 2397-2398, s.4.
13Substituted for the word s ‘District Officer ’ by the Punjab Protection of Women Against Violence (Amendment) Act 2022
(XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.4.
14Substituted for the word ‘Government’ by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII
of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.4.
(6) The Committee shall hold at least one meeting in every three months
and shall regulate its procedure.
(7) The 16[Authority] may, at any time, remove a non -official member on
charges of misconduct, disinterest, exploitation or misuse of powers, or any other act
which is detrimental to the objectives of the Act.
12. Functions of the Committee.– (1) The Committee shall:
(a) supervise the working of the Protection Centre, shelter home and toll
free helpline and take necessary steps to improve the services;
(b) ensure uninterrupted functioning of the toll free dial -in-number of the
Protection Centre and high quality response and services at the
Protection Centre and, for the purpose, shall arrange training for the
concerned employees;
(c) develop liaison with other departments and agencies in the district
enabling the Protection Centre and shelter home best to perform the
task of protection of women;
(d) try mediation and reconciliation between the parties for resolution of
disputes under this Act;
(e) ensure that the cases of violence registered in any of police s tation of
the district are referred to the Protection Centre for medical
examination, collection of forensics and investigation and until the
Protection Centre is established in the district, shall make standing
arrangements for shifting of the aggrieved p erson, with her consent, to
the nearest Protection Centre;
(f) approve annual plan of action for the Protection Centre and shelter
home;
(g) discuss problems being faced by the Protection Centre and shelter
home and find possible solution of the problems;
(h) monitor and evaluate working of the Protection Centre and shelter
home;
(i) enlist women volunteers and women volunteer organizations in the
district and assign roles under this Act to such volunteers and
organizations;
(j) suggest measures for better protection of women or improvement in
the protection system to the Government;
(k) ensure minimum standards, code of conduct and standard operating
procedures to be followed by the employees of the protection system;
(l) approve annual report about physic al targets, activities and gaps of the
protection system in the district for submission to the Government; and
15Substituted for the word ‘Government’ by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII
of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.4.
16Substituted for the word ‘Government’ by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII
of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.4.
(m) perform such other functions as may be assigned to it by the
17[Authority] and as are ancillary to any of the above functions or
necessary to accomplish the objectives of the Act.
(2) The Committee may accept donations such as land, vehicles,
equipment or money for the facilitation of the functioning of the protection system
and all such donations shall be used, maintained and disposed of by the Committee
in the prescribed manner.
(3) The 18[Secretary] may delegate any of the functions of the Committee
to the 19[Deputy Commissioner] subject to such terms and conditions as the
Government may determine.
13. Protection Centres and shelter homes .– (1) The Government shall
establish Protection Centres through a phased programme for protection of the
aggrieved persons.
(2) A Protection Centre shall:
(a) be a converging point for all essential services to ensure justice
delivery including police reporting, r egistration of criminal cases,
medical examination, collection of forensic and other evidence;
(b) register the cases of violence and facilitate medical examination,
collection of forensic and other evidence and proper prosecution of the
cases;
(c) provide first aid relief to an aggrieved person;
(d) collect and assist to collect evidence within twenty four hours to
facilitate investigation and effective prosecution;
(e) provide immediate protection to an aggrieved person;
(f) establish an effective system for the receipt a nd disposal of the
complaints within the time mentioned in the operating procedures;
(g) maintain an effective system of mediation and reconciliation for
resolution of disputes under this Act;
(h) register information against the perpetrators of violence;
(i) initiate cases of state-inflicted violence, if any, against women;
(j) maintain audio-visual record of all actions carried out under the Act;
(k) provide or arrange to provide legal aid to an aggrieved person;
(l) provide psychological counseling to an aggrieved person;
(m) mediate between an aggrieved person and the defendant for resolution
of disputes under the Act; and
17Substituted for the word ‘Government’ by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII
of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.5.
18Substituted for the word ‘Government’ by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII
of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.5.
19Substituted for the word s ‘District Coordination Officer ’ by the Punjab Protection of W omen Against Violence (Amendment)
Act 2022 (XXXVIII of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.2.
(n) act as a community centre to guide women in all Government related
inquiries.
(3) The Government shall, through a phased programme, establish a
shelter home in each district or for a local area within a district, for board and lodging
of the aggrieved persons and needy women and provision of social and rehabilitative
services to the residents.
(4) A shelter home shall:
(a) provide shelter and other allied facilities to an aggrieved person or other
needy women along with dependent children;
(b) provide, with the consent of the resident, rehabilitation services to
reintegrate residents with their families and society where necessary;
(c) refer the case of a resident to the appropriate authority or body for
redressal of her grievance and regularly monitor provision of services to
the residents;
(d) arrange for technical and vocational training of the residents;
(e) provide legal, medical, emotional support, guidance and psychologica l
counseling to the residents;
(f) repatriate or rehabilitate the residents in the shortest possible time;
(g) maintain discipline and regulate visitation and timings; and
(h) perform any other prescribed function or a function assigned to it by the
Committee for purposes of protection of women, children and vulnerable
persons.
(5) Subject to general or special direction of the Committee, a male child
who is not a dependent child shall not be admitted in the shelter home and instead
may be referred to the Child Protect ion and Welfare Bureau for provision of shelter,
board and lodging, education and training.
20[(6) Where a Protection Centre or shelter home is not established under
this section, the Secretary may, subject to such terms and conditions as he may
determine, declare any existing Government facility, centre or institution providing
similar services as Protection Centre or shelter home for purposes of this Act.
(7) Where any existing facility, centre or institution is declared as
Protection Centre or shelter hom e under subsection (6), the infra -structure,
paraphernalia, assets and the employees of such facility, centre or institution shall
remain under the administrative control of the Social Welfare and Bait -ul-Maal
Department of the Government:
provided that th e service structure and terms and conditions of service of the
employees of such facility, centre or institution shall continue to be governed under
the law, rules and policies applicable to them for the time being in force.]
20Inserted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022) , published in the
Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.6.
14. Women Protection Officer .– (1) The Government shall, by notification,
appoint a District Women Protection Officer for a district and Women Protection
Officers21[:]
22[provided that where the District Women Protection Officers or Women
Protection Officers are not appointed under thi s section, the Secretary may, subject
to such terms and conditions as he may determine, by notification in the official
Gazette nominate any officer of the Social Welfare and Bait -ul-Maal Department of
the Government to perform the functions of the District Women Protection Officers or
Women Protection Officers under this Act.]
(2) Subject to general supervision of the Committee, a District Women
Protection Officer shall:
(a) supervise and coordinate the protection system in the district;
(b) maintain liais on, supervise, plan, implement, monitor and periodically
evaluate the protection system in the district;
(c) be responsible for training of the staff, reporting and documentation of
the protection system in the district;
(d) provide counselling services to the aggrieved persons in the Protection
Centre and shelter home;
(e) approve a rescue operation for rescuing an aggrieved person;
(f) file a habeas corpus case on the basis of any credible information of
wrongful confinement of an aggrieved person;
(g) set specific, measureable, achievable and relevant targets for the
protection system to be achieved in the specified time;
(h) ensure achievement of targets and submit compliance report in every
meeting of the Committee; and
(i) prepare an annual report abou t targets, activities and gaps of the
protection system.
(3) Subject to the supervision of the District Women Protection Officer, a
Women Protection Officer shall:
(a) assist the District Women Protection Officer in the performance of her
functions;
(b) respond to the calls or queries of women on internet or toll free dial -in-
number of the Protection Centre;
(c) rescue an aggrieved person and, subject to this Act, admit her and her
dependent children or other family members, if necessary, in the
shelter home;
21Substituted for the ‘full stop’ by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022) ,
published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.7.
22Inserted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022) , published in the
Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.7.
(d) direct the defendant to immediately move out of the house for a period
not exceeding forty eight hours in order to protect life, dignity or
reputation of the aggrieved person;
(e) approve admission of a woman or any other person in the shelter home
in accordance with the provision of this Act and the rules governing the
shelter home;
(f) provide counseling services on phone or, where necessary, by visiting
an aggrieved person; and
(g) supervise working of officials of the shelter home.
(4) The District Women Protection Officer may perform any function of a
Women Protection Officer and, in the absence of the District Women Protection
Officer owing to any cause, the senior -most Women Protection Officer shall perform
the functions of the District Women Protection Officer.
15. Power to enter .– (1) The District Women Protection Officer or a Women
Protection Officer, at any time, enter in any place or house for the purpose of
rescuing an aggrieved person but such officer or official shall not rescue the
aggrieved person without her consent.
(2) The District Women Protection Officer or a Women Protection Officer
shall give reasonable notice to the incharge of the place or house before entering
and the incharge shall allow free access and afford all reasonable facilities to meet a
woman residing or kept in the place or house.
(3) If access to such place or house cannot be obtained under sub -section
(2), it shall be lawful for the District Women Protection Officer or a Women Protection
Officer to enter such pla ce or house in collaboration with district authorities including
police and to meet an aggrieved person residing or kept in the place or house, and in
order to effect an entrance into such place or house, to force her entry into the house
or place.
(4) If the District Women Protection Officer or a Women Protection Officer
who enters a place or house under this Act is detained in the house or place, she
may force her exit from any house or place.
(5) Notwithstanding anything contained in this section, the p owers of entry
in a house or place of abode of a woman shall only be exercised by a female officer
of the protection system.
16. Assistance on request .– (1) The District Women Protection Officer or a
Women Protection Officer shall provide all reasonable as sistance to an aggrieved
person or to any other woman who needs such assistance in accordance with the
provisions of this Act.
(2) The District Women Protection Officer or a Women Protection Officer
may provide or offer to provide assistance under the Act on the request of the
aggrieved person or on information or complaint received from any corner in
collaboration with district authorities including police.
(3) Nothing in this Act shall be construed to provide assistance to an
aggrieved person when the wom an or aggrieved person has voluntarily refused to
accept such assistance.
17. Assistance to officers .– (1) For protection of an aggrieved person, the
designated police officer, agency or local government shall be bound to assist the
District Women Protecti on Officer or the Women Protection Officer in the
performance of their functions under the Act.
(2) In the performance of their functions under the Act, the District Women
Protection Committee may call for any information from any agency of the
Government or a local government in the district and such agency or local
government shall be bound to provide the requisite information.
18. Penalty for obstructing a Protection Officer .– Any person, who obstructs
the District Woman Protection Officer or a Woman Pro tection Officer in the
performance of the duties under this Act, shall be liable to imprisonment for a term
which may extend to six months or fine which may extend five hundred thousand
rupees or both.
19. Penalty for filing false complaint .– A person, wh o gives false information
about the commission of violence which that person knows or has reason to believe
to be false, shall be liable to punishment of imprisonment for a term which may
extend to three months or fine which may extend to one hundred thous and rupees
but which shall not be less than fifty thousand rupees or both.
20. Penalty for breach of orders .– (1) A defendant, who commits breach of an
interim order, protection order, residence order or monetary order, or illegally
interferes with the wo rking of the GPS tracker, shall be punished with imprisonment
for a term which may extend to one year or fine which may extend to two hundred
thousand rupees but which shall not be less than fifty thousand rupees or both.
(2) A defendant, who violates the interim order, protection order,
residence order or monetary order more than once, shall be liable to punishment
which may extend to two years but which shall not be less than one year and to fine
which may extend to five hundred thousand rupees but which shall not be less than
one hundred thousand rupees.
21. Cognizance and summary trial.– (1) The Court shall not take cognizance of
an offence under this Act except on a complaint of the District Women Protection
Officer or a Woman Protection Officer acting on behalf of the District Women
Protection Officer.
(2) The Court shall conduct the trial of an offence under this Act in
accordance with the provisions of Chapter XXII of the Code relating to the summary
trials.
22. Appeal.– (1) A person aggrieved from a n interim order, protection order,
residence order, monetary order or sentence of the Court may, within thirty days of
the communication of the order or sentence, prefer an appeal to the court of
sessions which shall decide the appeal within sixty days fro m the date of receipt of
the appeal.
(2) The decision of the court of sessions on an appeal under subsection
(1) shall be final and shall not be called in question in any other court or forum
except as provided under this Act.
23. Right to information .– (1) Subject to subsection (2), the Government shall,
within seven days of acquiring any information pertaining to violence against the
aggrieved person shall publish the details of the case and the steps taken for the
protection of the aggrieved person, on its website accessible to the public free of
cost.
(2) The Government may, for reasons to be recorded in writing, not publish
any information, wholly or partially:
(a) to ensure the safety, security, privacy and dignity of a woman or an
aggrieved person;
(b) to protect national security or to maintain public order;
(c) to prevent any prejudice to the investigation of a case; or
(d) to protect the identity of an officer or official where such protection is
necessary for the safety and security of such officer or official.
24. Certain persons to be public servants .– Every person engaged in, or
employed for, the administration of this Act shall be deemed to be a public servant
within the meaning of section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).
25. Performance audit .– (1) The 23[Authority] shall conduct or cause to be
conducted the performance audit of the protection system of a district on periodic
basis under the Act.
(2) The performance audit shall include the details of quality of services
provided by the protection system, the targets to achieve the purposes of the Act and
the identification of weaknesses and recommendations for future improvements.
26. Act not in derogation of other laws .– Save as otherwise provided in the
Act, the provisions of the Act are in addition to and not in derogation of any other
law.
27. Training.– The 24[Authority] shall, at regular intervals, arrange training of the
District Women Protection Officers, Women Protection Officers and other employees
of the protection system for achieving the purpose of the Act.
28. Annual report.– 25[(1) The Authority shall, within three months of the close of
a financial year, submit to Secretary an annual report relating to the affairs and
efficacy of the protection system, and the Sec retary shall cause the report to be laid
before Provincial Assembly of the Punjab.]
(2) The annual report shall consist of:
(a) details of the services provided by the protection system along with a
comprehensive statement of the rescue operations of the p rotection
system during the preceding financial year;
23Substituted for the word ‘Government’ by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII
of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.8.
24Substituted for the word ‘Government’ by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII
of 2022), published in the Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.8.
25Substituted by the Punjab Protection of Women Against Violence (Ame ndment) Act 2022 (XXXVIII of 2022) , published in the
Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.9.
(b) reasons for delay, if any, in reaching the aggrieved person in need of
help of the protection system and proposed solutions;
(c) performance audit report, if any, of one or more protection system;
(d) suggestions and recommendations for further reforms of the protection
system for purposes of improving the service delivery; and
(e) other matters considered appropriate by the Government or as may be
prescribed.
29. Rules.– (1) The Government shall , after previous publication and by
notification in the official Gazette, make rules for carrying out the purposes of this
Act.
(2) Without prejudice to the generality of the powers conferred under
subsection (1), the Government shall 26[*****] make the rules relating to:
(a) establishment of monitoring and evaluation mechanism of the
protection system;
(b) universal toll free dial-in-number of the protection system;
(c) regulation of meetings of the Committees;
(d) women volunteers and women volunteer organizations;
(e) use, m aintenance and disposal of land, vehicle, equipment and other
items or money donated to a Protection Centre or shelter home;
(f) details of medical, legal and psychological assistance, and shelter
facilities;
(g) repatriation or rehabilitation of residents;
(h) maintenance of records and publication of information under the Act;
and
(i) regulation of affairs of the of Protection centers and shelter homes.
30. Immunity.– No suit, prosecution or other legal proceedings shall lie against
the Government, any officer of the Go vernment, a Committee, convener or any
member of a Committee, District Women Protection Officer, Women Protection
Officer or official of a protection system for anything which is done in good faith
under this Act or the rules.
31. Power to remove difficulties.– The Government may, within two years of the
commencement of this Act and by notification, make such provisions, not
inconsistent with this Act, as may appear necessary for removing any difficulty or
giving effect to the provisions of the Act.
26Omitted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022) , published in the
Punjab Gazette (Extraordinary), dated: 05 December 2022, pp. 2397-2398, s.10.This law in the library
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Section 8
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t may require the defendant to execute a bond, with or without sureties, for preventing the commission of violence. (5) While making an order under this section or section 8, the Court may, pass an order directing the Women Protection Officer to provide protection to the aggrieved person or to assist the aggrieved person or the person making a complaint on behalf of the aggrieved person. (6)
Section 7
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in the implementation of the protection or residence order. 8. Residence order .– (1) The Court, in case of domestic violence, may in addition to any order under section 7, pass a residence order directing that: (a) the aggrieved person shall not be evicted, save in accordance with law, from the house; (b) the aggrieved person has the right to stay in the house; (c) the aggrieved person may
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Section 3 of PUNJAB WOMEN PROTECTION AUTHORITY ACT 2017
Cited by PUNJAB PROTECTION OF WOMEN AGAINST VIOLENCE ACT 2016
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ggrieved person" means a female who has been subjected to violence by a defendant; 2[(aa) “Authority” means the Punjab Women Protection Authority established under section 3 of the Punjab Women Protection Authority Act 2017 (X of 2017);] (b) "Committee" means a District Women Protection Committee established under the Act; (c) “Code” means the Code of Criminal Procedure, 1898 (V of 1898); (d) “Court” means the Family Court established und
Target heading · PUNJAB WOMEN PROTECTION AUTHORITY ACT 2017
3. The Authority .–
Section 21 of Pakistan Penal Code, 1860
Cited by PUNJAB PROTECTION OF WOMEN AGAINST VIOLENCE ACT 2016
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- Pakistan Penal Code (PPC),1860 (Under Review) · Federal
- PAKISTAN PENAL CODE, 1860 · Punjab
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ersons to be public servants .– Every person engaged in, or employed for, the administration of this Act shall be deemed to be a public servant within the meaning of section 21 of the Pakistan Penal Code, 1860 (XLV of 1860). 25. Performance audit .– (1) The 23[Authority] shall conduct or cause to be conducted the performance audit of the protection system of a district on periodic basis under the Act. (2) The performance audit
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