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ACT I OF 2016 ACT I OF 2016 BALOCHISTAN PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE ACT, 2016 An Act to provide for the protection of women against harassment at the workplace [Gazette of Balochistan Extraordinary, 22nd January, 2016] No.PAB/Legis:V(07)/2015/5863, dated 22.1.2016.---The Balochistan Protection Against Harassment of Women At Work Place Bill, 2015 (Bill No 07 of 2015) having been passed by the Provincial Assembly of Balochistan on 16th January 2016, and assented by the Governor, Balochistan on 21st January 2016, is hereby Published as an Act of the Balochistan Provincial Assembly. Preamble.---WHEREAS, the Constitution of Islamic Republic of Pakistan recognizes the fundamental rights of every citizens of Pakistan to dignity of person, it is expedient to provide for the Protection Against Harassment of Women at the Workplace and the matters connected therewith or ancillary thereto; It is hereby enacted as follows:- 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) Act means the Balochistan Protection Against Harassment of Women at the Workplace Act, 2016; (c) CBA means Collective Bargaining Agent as provided in the Balochistan Industrial Relations Act, 2010 (Act No. XIII of 2010) or any other law for the time being in force; (d) Code means the Code of Conduct as mentioned in the Schedule to this Act; (e) Competent Authority means the authority as may be designated by the management for the purposes of this Act; (f) Complainant means a woman or man who has made a complaint to the Ombudsperson or to the Inquiry Committee on being aggrieved by an act of harassment; (g) Employee means a regular or contractual employee whether employed on daily, weekly, monthly or hourly basis, and includes an intern or an apprentice; (h) Employer in relation to an organization, means any person or body of persons whether incorporated or not, who or which employs workers in an organization under a contract of employment or in any other manner whosoever and includes (i) an heir, successor or assign, as the case may be, of such person or, body as aforesaid; (ii) any person responsible for the direction, administration, management and control of the management; (iii) the authority, in relation 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 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; (i) Government means the Government of Balochistan; (j) 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, any kind of threats, blackmailing, mental and physical torture, attempt for defamation or defamation through modern techniques, 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; (k) Helpline means the helpline to be established by the Women Department; (l) Inquiry Committee means the Inquiry Committee established under section 3(1) of the Act; (m) Management means a person or body of person responsible for the management of the affairs of an organization and includes an employer; (n) Ombudsperson means the Ombudsperson appointed under section 7 of the Act; (o) 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 Governments or District Governments or registered civil society associations or privately managed a commercial or an industrial establishment or institution, a company as defined in the Companies Ordinance, 19841 (XLVII of 1984) and includes any other registered private sector organization or institution; (p) Schedule means Schedule annexed to this Act; (q) Workplace means the place of work or the premises where an organization or employer operates and includes building, factory, transport, 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, official activity or other activities outside the office. (r) Restaurant means a public eating-house providing standard and variety of cuisines on monetary consideration to tourists, which conforms to the minimum prescribed criteria; (s) Service means any service provided in a hotel or a restaurant; and (t) Tourist means a person, whether a citizen of Pakistan or not, who stays over-night or more as a guest in a hotel or at a place other than his normal place of residence.