6
Appeal against minor and major penalties
Act: Balochistan Protection against Harassment of Women at the Workplace Act 2016
Section Provisions
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:- 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 Ombudsperson established under section 7 of the Act. (2) A complainant aggrieved by the decision of the Competent Authority may also prefer appeal within thirty days of the decision to the 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. (4) Until such a time that the Ombudsman is appointed the District Court shall have the jurisdiction to hear appeals against the decisions of Competent Authority and the provisions of subsections (1) to (3) shall mutatis mutandis apply. (5) On the appointment of Ombudsman all appeals pending before the District Court shall stand transferred to Ombudsman who may proceed with the case from the stage at which it was pending immediately before such transfer.