with wo nunored rupees, or with both. rules hereupon have effect as if enacted in this Ordinance. r ^2, of CHld Marriage Restraint Act, 1929 (XIX of 1929) tne pregnancy, wnichever be later, ends. ,b) Nothing shall o ecti011 from re-marrying the san ’-»»> “ ■ SS - » nation is for tne sssxa .,*th&e m u a r t a11w38i ® s a „i nis and so w THE GAZETTE OF PAKISTAN, EXTRA., MARCH 2, 1961 693 " (c) in clause (d.), for the full stop at the end a comma shall be “ (e) “ Union Council ” means the Union Council or the Town or Union Committee constituted under the Basic Demo cracies Order, 1959 (P.O. No. 18 of 1959), within whose jurisdiction a child marriage is or is about to be solemn (2) section 3 shall be omitted ; (3) in section 4, for the words “ twenty-one ” the word “ eighteen ” (4) in section 9, after the words under this Act ”, the words “except on a complaint made by the Union Council, or if there is no Union Council in the area, by such authority cribe, and such cognizance shall in no case be taken ” shall (5) section 11 shall be omitted. 13. Amendment of the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939).—In the Dissolution of Muslim Marriages Act, 1939 (VHI of 1939), in section 2,— (a) after clause (ii), the following new clause (iia) shall be inserted namely


Dissolution of Muslim Marriages Act, 1939 (VHI of 1939), in section 2,— (a) after clause (ii), the following new clause (iia) shall be inserted namely : — “ (iia) that the husband has taken an additional wife in con travention of the provisions of the Muslim Family Laws Ordinance, 1961 ; ” ; and (b) in clause (vii), fop the word “ fifteen ” the word “ sixteen ” shall be substituted. MOHAMMAD AYUB KHAN, H. Pk., H. J., FIELD MARSHAL, President. Rawalpindi, the 2nd March, 1961. N. A. FARUQUI, Cabinet Secretaru. PRINTED BY THE ASSISTANT MANAGER, GOVERNMENT OF PAKISTAN PRESS, RAWALPINDI PUBLISHED BY THE MANAGER OF PUBLICATIONS. KARACHI substituted, and thereafter the following new clause (e) shall be added, namely ...... ized n; ' shall be substituted ; as the Provincial Government may in this behalf pres  be inserted ; and


M - 302 L.-7646 REGISTERED No. EXTRAORDINARY PUBLISHED BY AUTHORITY ISLAMABAD, THURSDAY, MARCH 11, 2010 PART I Acts. Ordinances, President’s Orders and Regulations SENATE SECRETARIAT fslamabad, the Lith March, 2010 No. F. 9 (5)/2009-Legis.—The following Acts of Majlis-e-Shoora’ (Parliament) received the assent of the President on 9th March, 2010, are hereby published for general information:— Acr No. IV or 2010 ln Act to make provisions for the protection against harassment of women at the workplace WHEREAS the Consutution of the Islamic Republic of Pakistan recognizes the fundamental right of citizens to dignity of person; AND WHEREAS it is expedient to make this provision tor the protection of women from harassment at the workplace; (63) Price - Rs.20.50 (222202016 .Ex. Gaz. ] 64 — TITE GAZETTE OF PAKISTAN, EXTRA., MARCH LI, 2019 {Parr | — —? It is hereby enacted as follows: I, Short title, extent and commencement.—(1) This Act may be called the Protection against Harassment ef wonren at the Workplace Act, 2010. (2) (3) % li extends to the whale of Pakistan. It shal] come into force at once. Definitions.—In this Act. unless there is anything repugnant in the subject or context - (a) (b) {c) (d) {C} (f} (x) “accused” means an employee or employer of an organization against whom complaint has been made under this Act, “CBA” means Collective Bargaining Agent as provided in the Industrial Relations Act, 2008 (IV of 2008), or any other law for the time being in force. “Code” means the Code of

The Protection Against Harassment of Women At The Workplace Act  2010


provided in the Industrial Relations Act, 2008 (IV of 2008), or any other law for the time being in force. “Code” means the Code of Conduct as mentioned in the Schedule to this Act; “Competent Authority” means the authority as may be designated by the management for the purposes of this Act; “complainant” means a woman or man who has made a complaint to the Ombudsman or to the Inquiry Committee on being aggrieved by an act of harassment; ; “employee” means a regular or contractual employee whether employed on daily, weekly, monthly or hourly basis, and includes an intern or an apprentice; “employer” in relation to an organization, means any person or body of persons whether incorporated or not, who or which employs workers in an organtzation 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: (ij any person responsible for the direction, administration. management and control of the management: Pari Uf THE GAZETTE OF PAKISTAN, EXTRA... MARCH II, 2010 65 (iii) {iv) (\} (vi) (vii} the authority, in relation of an organization or a group of Organizations run by or under the authority of any Ministry or department of the Federal Government or a Provincial government, appointed in this behalf or, where no authority is appointed, the head of the Ministry or department as the case may be; the office bearer, in relation to an


or, where no authority is appointed, the head of the Ministry or department as the case may be; 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: 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; 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 office bearers of a department or a Division of a Federal! or a Provincial or jocal 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; (h) “harassment” means any unwescome sexual advance, request for sexual favors or other verbal or written communication or physica! conduct of a sexual nature or sexually demeaning attitudes, causing interference with work performance or creating an intimidating, hostile or offensive work environment, or the attempt to punish the complainant for refusal to comply to such a request or is made a condition for employment; {i) Gi) “Inquiry Committee” means the Inquiry Committee established under sub-section (1)


to comply to such a request or is made a condition for employment; {i) Gi) “Inquiry Committee” means the Inquiry Committee established under sub-section (1) of section 3; “manapement” means a person or body of persons responsible for the management of the affairs of an organization and includes an employer; 66 THE GAZETTE OF PAKISTAN, EXTRA., MARCH 11, 2010 [Parr ] —— re —_— — (k) “Ombudsman” means the Ombudsman appointed under section 7: {1} “organization” means a Federal or Provincial Government Ministry. Division or department, a corporation or any autonomous or semi autonomous body, Educational Institutes, Medical facilities established or controlled by the Federal or Provincial Government or District Government or registered civil soctety associations or privately managed a commercial or an industrial establishment or institution, a company as defined in the Companies Ordinance, 1984 (XLVI] of 1984) and includes any other registered private scctor organization or institution; (m) “Schedule” means Schedule annexed to this Act; and (n) “workplace” means the place of work or the premises where an organization or employer operates and includes building, factory, open area or a larger geographical area where the activities of the organization or of employer are carried out and including any situation that is linked to official! work or official activity outside the office. 3, inquiry Committee.—(1)) Each organization shall constitute an Inquiry Committee within thirty days of the enactment of this Act to enquire into complaints under this Act. (2) The Committee shall consist of three members of whom at


days of the enactment of this Act to enquire into complaints under this Act. (2) The Committee shall consist of three members of whom at least one member shall be a woman. One member shall be from senior management and one shall be a senior representative of the employees or a senior employee where there is no CBA. One or more members can be co-opted from outside the organization if the organization is unable to designate three members from within as described above. A Chairperson shall be designated from amongst them. (3) Incase a complaint ts made against one of the members of the Inquiry Committee that member should be replaced by another for that particular case. Such member may be from within or outside the organization. (4) Incase where no competent authority (s designated the organization shall within thirty days of the enactment of this Act designate a competent authority. 4. Procedure for holding inquiry.— (1) The Inquiry Committee, within three days of receipt of a written complaint, shall -- (a) communicate to the accused the charges and statement of allegations leveled against him, the formal written receipt of which will be given: Part T} THE GAZETTE OF PAKISTAN, EXTRA., MARCH 11, 2010 67 ——— ne ee (b) require the accused within seven days from the day the charge is communicated to him to submit a written defense and on his failure to do so without reasonable cause, the Committee shall proceed ex- parte, and (¢) enquire into the


submit a written defense and on his failure to do so without reasonable cause, the Committee shall proceed ex- parte, and (¢) enquire into the charge and may examine such oral or documentary evidence in support of the charge or in defense of the accused as the Committee may consider necessary and each party shalt be entitled to cross-examine the witnesses against him. (2) Subject to the provisions of this Act and any rules made thereunder the Inquiry Committee shall have power to regulate its own procedure for conducting inquiry and for the fixing place and time of its sitting. (3) The following provisions inter alia shall be followed by the Committee in relation to inquiry: (a) The statements and other evidence acquired in the inquiry process shall be considered as confidenttal; (6) An officer in an organization, if considered necessary, may be nominated to provide advice and assistance to each party; (c) Both parties. the complainant and the accused, shall have the right to be represented or accompanied by a Collective Bargaining Agent representative, a friend or a colleague; (d} Adverse action shall not be taken against the complainant or the witnesses: {e) The Inquiry Committee shall ensure thal the employer or accused shall in no case create any hostile environment for the complainant so as to pressurize her from freely pursuing her complaint; and {f} The Inquiry Committee shall give its findings in writing by recording reasons thereof. (4) The Inquiry Committee shali submit its findings and recommendations


and {f} The Inquiry Committee shall give its findings in writing by recording reasons thereof. (4) The Inquiry Committee shali submit its findings and recommendations to the Competent Authority within thirty days of the initiation of inquiry. If the [nquiry Committee finds the accused to be guilty it shall recommend to the Competent Authortty for imposing one or more of the following penaities: 68 THE GAZETTE OF PAKISTAN, EXTRA., MARCH 1}, 2010 [Parr f ———— nN —————— eee {i) Minor penalties: (a) censure; (b} withholding, for a specific period, promotion or increment; {c) stoppage, for a specific period, at an efficiency bar in the time- scale, otherwise than for unfitness to cross such bar; and {d) recovery of the compensation payable to the complainant from pay or any other source of the accused: {ii} Major penaities: {a) reduction to a lower post or time-scale, or to a lower stage in a time-scale; (b) compulsory retirement; (c} removal from service, {d) dismissal from service; and (e) Fine. A part of the fine can be used as compensation for the complainant. In case of the owner. the fine shall be payable to the complainant. (5) Fhe Competent Authority shall impose the penalty recommended by the Inquiry Committee under sub-section (4) within one week of the receipt of the recommendations of the Inquiry Committce. (6) The Inquiry Committee shall meet on regular basis and monitor the situation regularly until they are satisfied that their recommendations subject to decision, if any of Competent Authority


shall meet on regular basis and monitor the situation regularly until they are satisfied that their recommendations subject to decision, if any of Competent Authority and Appellate Authority have been implemented. (7) Incase the complainant is in trauma the organization will arrange for psycho-social counseling or medical treatment and for additional medical leave. (8) The organization may also offer compensation to the complainant in case of loss of salary or other damages. 5. Powers of the Inquiry Committee—1) The Inquiry Committee shall have power -- Pari |] THE GAZETTE OF PAKISTAN, EXTRA. MARCH 1/1, 2010 69 (a) to summon and enforce attendance of any person and examine him on oath; (b) to require the discovery and production of any document; (c) to receive evidence on affidavits; and (d} to record evidence. (2) The Inquiry Committee shall have the power to inquire into the matters of harassment under this Act, to get the complainant or the accused medically examined by an authorized doctor, if necessary, and may recommend appropriate penalty against the accused within the meaning of sub-section (4) of section 4. (3) The Inqutry Commitiee may recommend to Ombudsman for appropriate action against the complainant if allegations leveled against the accused found to be lalse and made with wala fide intentions. (4) The Inquiry Committee can instruct to treat the proceedings confidential. 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


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 Ombudsman established under section 7. (2). Acomplainant aggrieved by the decision of the Competent Authority may also prefer appeal within thirty days of the decision to the Ombudsman. - (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. ft shalf communicate the decision to both the parties and the employer. (4) Until such a time that the Ombudsman is appointed the District Court shail have the jurisdiction to hear appeals against the decisions of Competent Authority and the provisions of sub-sections (1) to (3) shall mutatis mutandis apply. (5) On the appointment of Ombudsman all appeals pending before the District Court shal] stand transferred to Ombudsman who may proceed with the case from the stage at which it was pending immediately before such transfer. 70 THE GAZETTE OF PAKISTAN, EXTRA., MARCH 11, 2010 [Part I —_——_—_—=—_—__ ee 7. Ombudsman.—{1)} The respective Governments shall appoint an Ombudsman at the Federal and Provincial levels. (2) A person shall be qualified to be appointed as an Ombudsman who has been a judge of High Court or qualified to be appointed as a judge of High Court. The Ombudsman may recruit such staffas required


has been a judge of High Court or qualified to be appointed as a judge of High Court. The Ombudsman may recruit such staffas required to achieve the purposes of this Act and the finances will be provided by the respective Governments. 8. Ombudsman to enquire into complaint.—( 1} Any employee shall have the option to prefer a complaint cither to the Ombudsman or the Inquiry Committee, (2) The Ombudsman shall within 3 days of receiving a complaint issue a written show cause notice to the accused. The accused, afier the receipt of written notice, shall submit written defense to the Ombudsman within five days and his failure to do so without reasonable cause the Ombudsman may proceed ex-parte. Both the partics can represent themselves before the Ombudsman. (3) The Ombudsman shall conduct an inquiry into the matter according to the rules made under this Act and conduct proceedings as the Ombudsman deems proper. ‘ (4) For the purposes of an investigation under this Act, the Ombudsman may require any office or member of an organization concerned to furnish any information or to produce any document which in the opinion of the Ombudsman is relevant and helpful in the conduct of the investigation. (5) The Ombudsman shall record his decision and inform both parties and the management of the concerned organization for implementation of the orders. 9. Representation to President or Governor.—Any person aggrieved by a decision of Ombudsman under sub-section (5) of section 8. may. within thirty days of


orders. 9. Representation to President or Governor.—Any person aggrieved by a decision of Ombudsman under sub-section (5) of section 8. may. within thirty days of decision, make a representation to the President or Governor. as the case may be, who may pass such order thereon as he may deem fit. _ 10. Powers ofthe Ombudsman. - The Ombudsman shall for the purpose of this Act have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908). in respect of the following matters, namely: Parr 9} THE GAZETTE OF PAKISTAN, EXTRA., MARCH 11, 2010 7] ————————————— (i) summoning and enforcing the attendance of any person and examining him on oath; (ii) compelling the production of evidence; (iii) receiving evidence on affidavits; {iv) issuing commission for the examination of witnesses; (v} entering any premises for the purpose of making any inspection or investigation, enter any premises where the Ombudsman has a reason to believe that any information relevant to the case may be found; and (vi) the Ombudsman shall have the same powers as the High Court has to punish any person for its contempt. (2) Ombudsman shall while making the decision on the complaint may impose any of the minor or major penalties specified in sub- section (4) of section 4. ll. Responsibility of employer—1) It shall be the responsibility of the employer to ensure implementation of this Act, including but not limited to incorporate the Code of Conduct for


It shall be the responsibility of the employer to ensure implementation of this Act, including but not limited to incorporate the Code of Conduct for protection against harassment at the workplace as a part of their management policy and to form Inquiry Committee referred to in section 3 and designate a Competent Authority referred to in section 4. {2) The management shall display copies of the Code in English as well as in language understood by the majority of employees at conspicuous place in the organization and the workplace within six months of the commencement of this Act. (3) On failure of an employer to comply with the provisions of this section any employee of an organization may file a petition before the District Court and on having been found guilty the employer shall be liable to fine which may extend to one hundred thousand rupees but shall not be less than twenty-five thousand rupees. 12. Provisions of the Act in addition to and not in derogation of any other law.—T he provisions of this Act shail be in addition to and not in derogation of any other law for the time being in force. 13,. Power to make rutes.—The Federal Government may make rules to carryout the purposes of this Act. 72 THE GAZETTE OF PAKISTAN, EXTRA., MARCH 11, 2010 [Part | Schedule [See sections 2(c) and t1] CODE OF CONDUCT FOR PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE Whereas it is expedient to make the Code of


sections 2(c) and t1] CODE OF CONDUCT FOR PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE Whereas it is expedient to make the Code of Conduct at the workplace etc. to provide protection and safety to women against harassment it is hereby provided as under: (v} (it) The Code provides a guideline for behavior of all employees, including management, and the owners of an organization to ensure a work environment free of harassment and intimidation: “Harassment” means any unwelcome sexual advance, request for sexual favors or other verbal! or written communication or physical conduct of a sexual nature, or sexually demeaning attitudes, causing interference with work performance or creating an intimidating, hostile or offensive work environment, or the attempt to punish the complainant for refusai to comply to such a request or is made a condition for employment; The above is unacceptable behavior in the organization and at the workplace, including in any interaction or situation that is linked to official work or official activity outside the office. Explanation.—There are three significant manifestations of harassment in the work environment;—- (a) Abuse of authority A demand by a person in authority, such as a supervisor, for sexual favors in order for the complainant to keep or obtain certain job benefits, be ita wage increase, a promotion, training opportunity, a transfer or the job itself. (b} Creating a hostile environment Any unwelcome sexual advance, request for sexual favors or other verbal or physical conduct of a sexual nature, which interferes with an


a hostile environment Any unwelcome sexual advance, request for sexual favors or other verbal or physical conduct of a sexual nature, which interferes with an individual’s work performance or creates an intimidating. hostile. abusive or offensive work environment. Part 1} THE GAZETTE OF PAKISTAN, EXTRA., MARCH I1,; 2010 73 The typical “hostile environment” claim, in general, requires finding of a pattern of offensive conduct, however, in cases where the harassment is particularly severe, such as in cases involving physical contact, a single offensive incident will constitute a violation. (c} Retaliation The refusal to grant a sexual favor can result in retaliation, which may include limiting the employee’s options for future promotions or training, distorting the evajuation reports, generating gossip against the employee or other ways of limiting access to his/her rights. Such behavior is also a part of the harassment. (iii) An informal approach to resolve a complaint of harassment may be through mediation between the parties involved and by providing advice and counseling on a strictly confidential basis; (iv) A complainant or a staff member designated by the complainant for the purpose may report an incident of harassment informally to her supervisor, or a member of the Inquiry Committee, in which case the supervisor or the Committee member may address the issue at her discretion in the spirit of this Code. The request may be made orally or in writing; {v) Ifthe case is taken up for investigation at an informal level, a senior manager from the office or


be made orally or in writing; {v) Ifthe case is taken up for investigation at an informal level, a senior manager from the office or the head office will conduct the investigation in a confidential manner. The alleged accused will be approached with the intention of resolving the matter in a confidential manner; (vi) If the incident or the case reported does constitute harassment of a higher degree and the officer or a member reviewing the case feels that it needs to be pursued formally for a disciplinary action, with the consent of the complainant, the case can be taken as a formal complaint; (vii) A complainant does not necessarily have to take a complaint of harassment through the informal channel. She can launch a formal complaint at any time; 74 (viii} (ix) (x) {xt} (xii) (xit8) THE GAZETTE OF PAKISTAN, EXTRA., MARCH 11, 2010 [Part |] The complainant may make formal complaint through her incharge, supervisor, CBA nominee or worker’s represegtative, as the case ' may be, or directly to any member of the Inquiry Committee. The Committee member approached is obligated to initiate the process of investigation. The supervisor shail facilitate the process and is obligated Not to cover up or obstruct the inquiry; Assistance in the inquiry procedure can be sought from any member of the organization who should be contacted to assist in such a case; The employer shall do its best to temporarily make adjustments so that the accused and the complainant do not have


assist in such a case; The employer shall do its best to temporarily make adjustments so that the accused and the complainant do not have to interact for official purposes during the investigation period. This would include temporarily changing the office, in case both sit in one office, or taking away any extra charge over and above their contract which may give one party excessive powers over the other's job conditions. The employer can also decide to send the accused on leave, or suspend the accused in accordance with the applicable procedures for dealing with the cases of misconduct, if required: Retaliation from either party should be strictly monitored. During the process of the investigation work, evaluation, daily duties, reporting structure and any parallel inquiries initiated should be strictly monitored to avoid any retaliation from either side; The harassment usually occurs between colleagues when they are alone, therefore usually it is difficult to produce evidence. It is strongly recommended that staff should report an offensive behavior immediately to someone they trust, even if they do not wish to make a forma! complaint at the time. Although not reporting immediately shaJl not affect the merits of the case; and The Code lays down the minimum standards of behavior regarding protection of women from harassment at workplace etc. but will not affect any better arrangement that an organization may have developed nor will it bar the grant of protection that employees working in an institute may secure from their employers through negotiation.


; EXTRAORDIkAlVi ISSUE a m . g i T ofr‘ PUBLOSNEED nY AUTHORITY L A H O R E , S A T U R D A Y , J U L Y 1 8 , 1 9 6 4 P R O V I N C I A L A S S E M B L Y O F W E S T P A K I S T A N . NOTIFICATION The 18th July, 1964. No. PAWP/Legis -(38)/64/197—The j -: West Pakistan FamilyCourts Bill, 1964, having been passed by the Provincial Assembly of West Pakistan on the 30th day of June, 1964, and assented to by the Governor of West Pakistan on the 14th day of July, 1961, is hereby publish ed as an Act of the Provincial Legislat ure of West Pakis tan THE WEST PAKISTAN FAMILY COURTS ACT, 1964, WEST PAKISTAN ACT No. XXXII - or 1964. (First published, after having received the assent of the Governor of West Pakistan in the Gazette of West Pakistan, dated the 18th July, 1964). AN ACT to make provisionfor the establishment of Family Courts. WHEREAS it is expedient to make provision for the Preamble. efitablislime nt of Family Courts for the expeditiou s inlement and disposal of disputes relating to marriage 11' family affairs and for matters connected therewith ; It is hereby enacted as. follows:— 11/4 1.. (1) This Act may be called the West Pakistan short, tit le. extent uiid aommenaaznent. :13 Paisa ( 2427 ktiCISITRIED

The West Pakistan Family Courts Act 1964


enacted as. follows:— 11/4 1.. (1) This Act may be called the West Pakistan short, tit le. extent uiid aommenaaznent. :13 Paisa ( 2427 ktiCISITRIED Mho. 17532 • It altistatt Courts Act, 1964. 1128 nit G.Q.Z. OF WEST PAK. (EXTRY.), Ju ly is , 194 (2) It extends to the whole of the Province ofw Pakistan, except the Tribal Areas. est (3) It shall come into force in such area or areas a nd on such date or dates as Government may, by notification in the Official Gazette, specify in this behalf. 2. In this Act, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them , that is to say — (a) "Arbitration Council" and "Chairman" shall have the meanings respectively assigned to them in the Muslim Family Laws Ordinance, 1961 ; (b) "Family Court" means a Court constituted under this Act ; (c) "Government" means the Government of West Pakistan ; (d) "party" shall include any person whose presence as such is considered necessary for a prop ier decision of the dispute and whom the Family. Court adds as a party to such dispute ; "prescribed" means prescribed by rules made under this Act. 3. Government shall establish one or more Family necessary and appoint a Judge in each of such Courts. th e Courts in each District or at such other place as it nlaY d r a i l Y J urifidietivn. 5. Subject to the provisions of the


each District or at such other place as it nlaY d r a i l Y J urifidietivn. 5. Subject to the provisions of the - di. Laws Ordinance, 1961, and the Conciliation Courts Olr'is, name, 1961, the Family Courts shall have exclu sive„jtilters diction to entertain, hear and adjudicate uPoil specified in the Schedule. 5 of 6. Subject to any general or special or —l a i t s Government in this behalf, a Family Court shall 11°1 niaY sittings at such plac'e or places within the districts as Definit ions. (d) Establish. m e e t o f Family Co- urvi. Qualifica- tions of Judge. a Judge of ,as 4. No person shall be appointed as Family Court unless he is or has been a District Judgeg or has been a Seni or Civil Judg e or Civil Judg Pia co of sitting In il biun of suit -. be specified by the District Judge. 11 be 7. ( 1 ) E v e r y s u i t b e f o r e a F a m i l y C o u r t s i t e r instituted by the presentation of a plaint or in stitch manner and in such Court as may be prescribed. GAZ. OF WEST PAR. (EXTRY.), JULY 18, 1964 2429 (2) The plaint shall contain all facts relating to the dispute and shall contain a Schedule giving the number ofwitnesses intended to be produced in support of


plaint shall contain all facts relating to the dispute and shall contain a Schedule giving the number ofwitnesses intended to be produced in support of the OA the names and addresses of the witnesses and a brief summary of the facts to which they would depose : Provided that the parties may, with the permission of the Court, call any witness at any later stage, if the Court (onsiders such evidence expedient in the interests of j u s t i c e . (3) All documents which the plaintiff intends to rely upon in respect of his claim shall be appended to the p l a i n t , (4) The plaint shall be accompanied by as many duplicate copies thereof [including the Schedule and the lists of documents referred to in sub -section (3)], as there are defendants in the suit, for service upon the defendants. 8, (1) Within three days of the presentation of the lutinution plaint to a Family Court the plaintiff shall send to each t° defen" defendant by reuistered post, a copy of the plaint together /Id 11tS. 'ith a copy of the Schedule as mentioned in section 7(2) and copies of all documents mentioned in B e e t io n 7( 3) . (2) Save as may otherwise be prescribed, the Pnlaiintiff shall also, within the time specified in sub-section cause notice to be inserted in any two newspapers approved by the Family Court of the fact of his having the


time specified in sub-section cause notice to be inserted in any two newspapers approved by the Family Court of the fact of his having the h i e d t h " • .1 (1) Within fifteen days of the service of notice 14 a new by registered post or the appearance of a notice E t tie ttme% t. 8. upon himb appear TsPaPer, whichever is earlier, the defendant shall in Court and file his written statement. att a c h!) With the written statement the defendant shall (a) Copies of the entire documentary evidence that he wishes top roduce in the case ; and (b) a list of the names and addresses of his witnesses along with a precis of the evidenc e that each Witness is expected to give. ( 3) kfrii,red Copies of the written statement and the documents ,Post 6' to in sub -section (2) shall be sent by registered 11141g 6,defendant to the plaintiff within three days of his the Written statement : filee a joint written statement, only one of 2430 THE GAZ. OF WEST PAK. (EXTRY.), JULY 18, 1go l them shall send a copy of the written statement with the documents mentioned in sub -section (2). (4) If the defendant fails to appear within the time specified in sub -section (1), the Family Court may proceed against him ex parte. Pretrial 1 0 . ( 1) As soon as may be, after the written state. proPeedin g. went has been filed,


against him ex parte. Pretrial 1 0 . ( 1) As soon as may be, after the written state. proPeedin g. went has been filed, the Court shall fix a date for pre -trial hearing of the case and issue notices to the parties for attending the Court on the date so fixed. (2) On the date so fixed, the Court shall examine the plaint, the written statement (if any ) and the precis of evidence and documents filed by the parties and shall also, if it so deems fit, hear the parties and their Counsel. (3) At the pre -trial, the Court shall ascertain the points at issue between the parties and attempt to effect a compromise or reconciliation between the parties, if this be possible. (4) If no compromise or reconciliation is possible, the Court shall frame the issues iv the case and fix a date for evidence. Recording 11. (1) On. the date fixed for recording of evidence , the Family Court shall examine the witnesses produced or evidence. by the parties in such order as it deems fit. (2) The Court shall not issue any summons for the appearance of any witness unless, within three daYs the framing of issues, any party intimates the Cow; that it desires a witness to be summoned through th Court and the Court is satisfied that it is not po ssible or practicable for such party to produce the witness. (3) The witnesses shall give their evidence in they own


that it is not po ssible or practicable for such party to produce the witness. (3) The witnesses shall give their evidence in they own words and no question shall beput to them byE.glik party or any Counsel f party by pway of o a exam; flat/10 i n Provi 01 ded that the Court may, if it so clee, - ci- Put any question to any witness for the purpose °1. elu the lotion of any point which it considers material la case. (4) The Family Court may permit the eviden ce °I any witness to be given by means of an affidavit all Provided that if the Court deems fit it 1:69 :Ltio l s u c h w i t n e s s f o r t h e p u r p o s e o f e x a x °11 - in accordance with sub -section (3), chief, cross -examination or re -examination: TITE GAZ, OF WEST PAK. (EXTRY.), JULY 18, 1964 2431 0. (1) After the close of evidence of both sides, Conclus ion t h e Faraily Court shall make another effort to effect a of trial. compromise or reconciliation between the parties. (2) If such compromise or reconciliation is not pose $ible, the Family Court shall announce rfs judgement and give a decree. 13. (1) The Family Court shall pass a decree in Enforcement Rich form and in such manner as may be prescribed, o f d "'" . and


The Family Court shall pass a decree in Enforcement Rich form and in such manner as may be prescribed, o f d "'" . and shall enter its particulars in the prescribed ieg,ister. (2) If any money is paid or any property is delivered in the presence of the Family Court, in satisfaction of the decree, it shall enter the fact of payment and the delivery of property, as the case may be, in the aforesaid register. (3) Where a decree relates to the payment of money and the decretal amount is not paid within the time Specified by the Court, the same shall, if the Court so directs, be recovered as arrears of land revenue, and on recovery shall he paid to the decree -holder. (4) The decree shall be executed by the Court pass - ing it or by such other Civil Court as the District Judge may, by special orgeneral order, direct. that (5) A Family Court may, if it so deems fit, direct an Y money to be paid under a decree passed by it be Paid • in such instalments as it deems fit. a 14 . (1) N o t w i t h s t a n d i n g anything provided in Ap p e a l s . )137 other law for the time being in force, a decision or a th:v. rei..passed by a Family Court shall be appealable to he -nigh Court only. Pain' (2) No appeal shall


in force, a decision or a th:v. rei..passed by a Family Court shall be appealable to he -nigh Court only. Pain' (2) No appeal shall lie from a decree passed by a Tamil Court-- (a) for dissolution of marriage, except in the case of dissolution for reasons specified in clause (d) of item (viii) of section 2 of the Dissolu - tion of Muslim Marriages Act, 1939; (b) fordower not exceeding rupees one thousand; (o) for maintenance of rupees twenty -five - or less per month. or p erson to appear and give evidence, or to produce Zeify" n y Court to 15 . ( 1 ) A Family Cou rt ma y iss ue su mmo ns t o se the production of any document • stunmon ?rovided that— wi tne5Fes. (a) no person who is exempt from personal appear- ance in a Court under sub-section (1) of section