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REGISTERED No. M^ -^302
L._
GbeGp;ffi d ps[tdturr
EXTRAORDINARY
PUBLISHED BY AUTHORITY
ISLAMABAD, THURSDAY, MAY 24, 2OI
PART I
Acts, Ordinances, President's Orders and Regulations
NATIONAL ASSEMBLY SECRETARIAT
Islonabad, the 22nd May, 2018
No. F. 23(20)2018-Legis.-The following Act of Majlis-e-Shoora
(Parliament) received the assent of the President on the 18th May, 2018 is
hereby published^ for^ general^ information:-
Acr No. XIU oF 201 8
AN
ACI'
to prtnide for protection, reliefancl rehabilitcttion ofrights ofthe
transgender persons and their welfare and for matters connected
therevith and incidental thereto
Wusneas it is expedient to provide for protection, relief and rehabilitation of rights of the transgender persons^ and their welfare and for matters connected therewith and incidental thereto;
Price: Rs.20.
15e44 (2018) Ex.Gaz.l
274 THE GAZETTE OF PAKISTAN, EXTRA., MAY 24, (^2018) [PARrl
It is hereby enz.cted as follows:-
CHAPTER I
PRELIMINARY
l. Short title, extent and (^) commencement.- (1) This Act rnay be
called the Transgender Persons (Protection of Rights) Act, 201 8.
(2) (^) It extends to the whole ofPakistan
(3) It shall ccme into (^) force at once.
- Definitions.{l) In this Act, unless there is anything repugnant in
(he subject or contexl---
(a) (^) "Acf' mr:ans the Transgender Persons (Protection (^) ol'Rights) Act, 2018;
(b) (^) "CNIC" means Computerized National ldentity Card
(c) (^) "complainant" means a transgender person (^) who has made a complain. (^) on being aggrieved by an act of harassment;
(d) (^) "CRC" nreans Child Registration Certificate or B-Form;
(e) (^) "gender expression" refers to a person's presentation of his
gender id:ntity and the one that is perceived by others;
(f) (^) "gender identity" means a person's innermost and individual
sense of self as male, female or a blend of both or neither that can
correspord or not to the sex assigned at birth; (e)
(h)
"Govern ment"^ means the^ Federal Government:
"harassnrent" includes sexual, physical, mental and^ psychological
harassme.rt which (^) means any aggressive pressure (^) ol intimidation
intended :o coerce, unwelcome sexual advance, request for sexual
favors or other verbal or written communicalion (^) or physical
conduct cf a sexual nature or sexually derneaning attitudes. causing
interference with living, mobility or work performance or creating
an intirni,Iating, (^) hostile or offensive work (^) or living environment including the (^) attempt to punish the conlplainant (^) for refusal to
cofirply with such requests or to bring foth the cornplaint:
(i) (^) "NADRA', rneans
Authority
the (^) National (^) Database and Registration
276 THE GAZETTE (^) OF PAKISTAN, EXTRA., MAY 24, 2OI8 (^) [PART I
(4) (^) A transgender person to whom (^) CNIC has already been issued by
NADRA shall be alloued to change the name and gender according to his or her
self-perceived identity on the CNIC, CRC, driving licenee anrl passporr in
accordance u,ith the provisions^ ofthe NADRA Ordinance,2000 (Vlll (^) of2000).
CHAPTER tII
PROHIBITION OF CERTAIN ACTS
- Prohibition against discrimination,-No person (^) shall discriminate
against a transgender porson on any ofthe following grounds, namely:-
(a) (^) the denial or discontinuation of or unfair treatment in, (^) educational institutior (^) s and sLrvices thereof;
(b) (^) the unfail treatment in, or in relation to, employment. trade (^) or
occupatio r;
(c) (^) the denial of, or termination from, employment or occltpation;
(d) the denial or discontinuation of. or unfair treatment ih. healthcare
services;
(e) (^) the denial or discontinuation (^) ol or infair treatment with regard to, access to, or provision^ or enjoyment of use of any goods,
accommo,lation, service, facility, benefit, privilege or opportunity
dedicated to the use of general public or customaril) available to
the public;
(f) (^) the denial or discontiriuation of, or unfair treatment with regard to, right (^) to rnovement, safe travel and use of public facilities of transponation;
(g) (^) the denial or discontinuation (^) of, or unfair treatment rvith regard to,
the right to reside; sale, purch4se, rent or otherwise occupy or
inherit (^) an., movable and irnmovable property;
(h) the (^) denial or discontinuation (^) oi or unfair treatnlent (^) in, the
opportunily to stand for or hold public or private office; or
(i) the (^) denial of access (^) to, removal from, or (^) unfair lreatment in, govemmerlt (^) or private establishment, organizations, institutions, departments, centers in whose care, custody or entployment (^) a transgend(ir person (^) may (^) be.
PARr Il THE GAZETTE OF PAKISTAN, EXTRA., MAY 24,2018 2't
- Prohibition against harassment.-Harassment^ of transgender
persons, as defined in this Act, both within and outside the home, based on their
sex, gender identity and gender expression is prohibited.
CHAPTER IV
OBLIGATIONS BY THE GOVERNMENT
- Obligations of the Government.-The Government shall take
following steps to secure full and effective participation^ of transgender persons
aud their inclusion in society, namely:-
(a) (^) establish protection (^) centers and safe houses to eDsure the rescue,
protection and rehabilitation of transgender persons in addition to
providing rnedical facilities, psychological care, counseling and
adult education to the transgender persons;
(b) (^) establish Separate prisons, jails,^ confinement cells, etc for the
transgender persons involved inany kind ofoffence or offences;
(c) institute mechanisrns for the periodic^ sensitization and awareness of the^ public^ servants, in^ particular,^ but not^ limited^ to,^ law enforcement agencies and medical institutions, relating to the issues involving the transg-:;;der persons^ and the requirement of protection (^) and relief of such persons;
(d) (^) formulate special vocational training programmes to facilitate, promote and suppon livelihood for transgender persons:
(e) encourage transgender persons^ to start small business by providing incentives, easy loan^ schemes and^ grants;^ and
(f) (^) take any other necessary measures to accomplish the objective of this Act.
CHAPTERV
PROTECTION OF RIGHTS OF^ TRANSGENDER^ PERSONS
- Right to inherit.{l (^) ) There shall be^ no^ discrimination^ against transgender persons in acquiring the rightful share of property as prescribed
under the law of inheritance.
(2) The share of transgender persons^ shall^ be determined^ as^ per^ the
gender declared on CNIC in accordance with the^ law^ of^ inheritance^ in^ Pakistan.
PART I] THE CAZETTE OF PAKISTAN, EXTRA., MAY 24, 2OI8 279
(a)
(b)
(c)
in determining who should be offered admission; or
in the tenns or conditions on which admission is offeredl or
by denying the person's access, or limiting the person's access, to
opportunities, training or to any (^) other positive (^) externalities
associated with the education; or
(d) by denying access to appropriate (^) student facilities based on a person's (^) sex, gender (^) identity and expression.
- Right to employment.- (l) The Government must ensure the right
to enter into any lawful professio-n^ or occupation and to conduct any lawful trade
or business^ for^ the transgender persons as guaranteed^ under Anicle 18 of the
Constitution of the Islamic Republic of Pakistan.
(2) No establishment, institution, department, organization,. shall discriminate against any transgender person^ in any matter relating to
employment including, but not limited to, recruitment, promotion, appointment.
transfer and other related issues.
(3) It (^) shall be unlawful for (^) an employer to discriminate against an
employee on the ground of his sex, gender identity or gender expression,-
(a) (^) in deterrnining who should be offered employment; or
(b) (^) in the terms or conditions on which employment is offered; or
(c) by denying the employee access, or limiting the (^) employee's access,
to opportunities for promotion, transfer or training or to any other
benefits aslociated with employment; or
(d) (^) by dismissing the employee; or
(e) by subjecting the employee to any other detriment
- Right to vote.-No transgender^ person^ shall be deprived of his right to cast a vote during national, provincial and local government elections:
Provided that the access to polling^ stations shall be determined according to the gender declared on the CNIC of a transgender person.
I l. Right to hold public^ office.---( I (^) ) There shall be no discrimination on the basis of sex, gender^ identity and gender expression for transgender
persons if they wish to contest election to hold public^ office.
280 THE^ CAZET'I^ E^ OF^ PAKISTAN, EXTRA.,^ MAY^ 24,^20 I^8 IPART^ I
- Right^ tt,^ health.-The^ Govemment^ shall take^ lhe^ following measures to ensure lon-discrimination in^ relation^ to^ transgellder^ persons,
namely:-
(a) to revieu medical curriculum and improve research^ filr^ doctors^ and nursing staff to address specific health^ issues^ of^ transgender
persons i.t cooperation with PMDC;
(b) (^) to facililtte access by providing an enabling.and safc^ environment for transgender persons^ in hospitals^ and^ other^ healthcare institutio rs and centers;
(c) to ensure transgender persons^ access to all^ neccssary^ medical^ and psychological gender^ corrective treatment.
- Right t,r assembly.{l) The. Government^ lnust^ ensure^ the"
freedotn of assembly lor transgender persons^ in^ accordance^ with Article^16 of
the Constitution of the Islamic Republic of^ Pakistan.
(2) (^) The Co'rernment must take steps to ensure appropriate^ safety measures for^ transgenrler^ persons.
(3) (^) No discrimination shall be made on the basis of^ person's^ sex, gender identity and gender expression subject to reasonable^ restrictions^ imposed by larv in the interest <,f public^ order.
- Right ol access to public^ places.{l)^ No^ transgender person shall
be denied access to prrblic^ places,^ places^ of^ entenainment^ or^ places intended^ for
religious purpose^ solely on the^ basis^ of^ his^ sex, gender^ identity^ or^ gender expression.
(2) (^) The Colernment must ensure transgender persons'^ access^ to public places in view of Arlicle 26 of the Constitution^ of^ the^ lslamic^ Republic^ of Pakistan.
(3) lt shall be unlawful to prevent transgender persons^ to^ access
facilities available for^ access^ of^ general^ public^ and^ public^ places^ mentioned^ in
sub-section (l).
tj. nignt to property.-{l)^ No^ transgender person^ shall be^ denied
right to purchase,^ sell, rent^ or^ lease^ property,^ household^ or^ tenancy^ on^ the^ basis
ofsex, gender^ identitl or gender^ expression.
. (^) (2) It shall be unlawful to discriminate any transgender person with
regards to rcnting, su )letting or tenancy on the^ basis^ of^ his^ sex,^ gender identity
or gdnder expression.
282 THE GAZETTE OF PAKISTAN', (^) EXTRA., MAY 24, (^2018) [PARr I
ACr No. XIV oF 2018
AN
ACT
lo protide for cmd promote Civic Educqtion and create orclreness relating lo
Junttamental rights^ and^ obligations^ of citizens
WtIEREAS it is expedient to foster civic competence and responsibility
amongst the citizens; (^) educate people relating to fundamental rights and obligations of citizens; to highlight (^) the importance of civic education in
inculcating value cit zenship, knowledge, skills and values and to deal with
ancillary matters;
It is hereby erracted as lollows: (^) -
l. Short title, extent and commencement.{ (^) I (^) ) Thrs Act may be
called the National Civic Education Commission Act. 2018.
(2) (^) It shall ()xtend^ to the Islamabad Capital Territory
(3) (^) It shall ( (^) ome into force at once
- Definiticns.-ln this Act (^) unless there is anlhing repugnant in the
subject or cDntext,-
(a) (^) "civic education" means provision (^) of information and leaming experierces to equip and empower citizens to participate in
democre tic processes;
(b) "Comm ssion" means National (^) Civic Education Commission
established under section 3 ofthe Act;
(c) (^) "Constitution" means the (^) Collstitution of the Islamic (^) Republic of Pakistan; and
(d) "Government" (^) means (^) the Federal Government
- Establishment (^) of (^) the Commission.{l) (^) As soon as after the
commencement of this Act, Government shall establish a Clommission to be
known as the National Civic Education Commission.
PArir l] THE GAZETTE OF PAKISTAN, EXTRA., MAY 24,20I8^283
(2) (^) The Commission shall make policy guidelines^ for the purpose^ of
this Act and shall take necessary steps^ for^ implementation^ of^ the provisions^ of
this Act.
- Composition of^ the^ Commission.{l)^ The^ management,^ overall
control and supervision ofthe^ affairs^ ofthe^ Commission shall^ vest^ in^ a^ Board^ of
Governors consisting olthe^ follo*^ ing^ members:
(a) (^) the Minister for Federal Education and Professional Training, who
shall be the Chairman ofthe Board:
(b) (^) three Members ofthe Senate nominated by the Chairmah Senate;
(c) (^) three members of the National Assembly nominated by the Speaker Nalional Assembly:
(d) one member from each Provincial Assembly^ nominated^ by^ Speaker
of respective Assembly;
(e) three civic.education experts nominated by the^ Govemment;
(f) two representatives from media; and
the Director General of^ the^ Commission,^ who^ shall be^ the
Secretary ofthe Board.
(2) (^) The members of the Board of Govemors, other than the ex-fficio members, shall hold office for three years^ and shall^ be^ eligible^ for^ re- appointment.
- Director General.{l) The Director^ General^ shall^ be^ the Chief
Executive Officer of the Commission and^ shall subject^ to^ the general supervision
of the Chainnan of the Board of^ Governors, be responsible^ for^ carrying out^ the
objects of the Commission as^ laid^ down by the Board^ from time to^ time.
(2) The Director General of the Commission shall^ be^ appointed^ for^ a
term of three years.
- Meetings of the Commission.{l) The^ meetings^ of^ the Commission shall^ be^ held^ quarterly,^ and shall^ be^ presided^ over^ by^ the
Chairperson or, in^ his^ absence,^ by a^ member^ nominated^ by^ the^ Chairperson^ for
(e)
PART I] THE GAZETTE OF^ PAKISTAN, EXTRA.,^ MAY 24,2OIt^285
O to^ develop^ the^ narrative^ of^ unity, faith,^ discipline and^ tolerance amongst the citizens; and
(k) (^) to inculcate respect for laws especially traffic^ laws^ amongst^ the youth.
- Responsibility of^ Schools.{^ I^ ) An^ in-charge^ of^ a^ school^ shall ensure imparting civic education to^ students^ through^ lectures,^ tutorials^ and practical work.
(2) The method ofteaching civic^ education may^ include^ the^ following,
namely:-
(a) formal instructions regarding^ the role^ of^ Legislature,^ Executive, Judiciary, Law^ and^ DemocracY;
(b) guided discussion of^ current local, national,^ and^ international issues and events;
(c) active learning experiences where^ students^ perform^ community servlce;
(d) co-curricular activities^ to foster engagement^ with^ other schools^ and communities;
(e) student participation in^ school govemance;^ and
(0 student participation^ in^ simulations^ ofdemocratic^ processes
- Audit.-The accounts^ of^ the^ Commission^ shall^ be^ audited
annually by the^ Auditor^ General^ of^ Pakistan^ and^ the^ balance-sheet^ and statement
of assets and liabilities^ shatl^ be^ duly^ considered by the Board^ of Govemors.
- Act not^ in^ derogation^ of^ any other^ law.-The^ provisions^ of^ this
Act shall be in addition to^ and^ not^ in derogation^ ofany^ other^ law for^ time^ being
in force.
I l. Power to make^ rules.-The^ Government may, by^ notification^ in
the official Gazette, make rules^ for carrying^ out the^ purposes^ ofthis^ Act'
286 THT: GAZETI'E OF PAKISTAN, EXTRA., MAY 24, 2OI8 (^) [PARTI
Acr No. XV oF 201 8
AN
AC'T
further lo^ amend^ the^ Anti-Terrorism^ Acl,^1997
WHEREAs it is expedient to further amend the Anti-Terrorism Act, 1997
(XXVII of 1997), in th: manner, hereinafter appearing;
It is hereby enrrcted as follows:-
l. Short title and commencement.-{ l) This Act rnay be called the
Anti-Terrorism (Amen,Imeut) Act, 2018.
(2) It shall ccme into forcd at once
- Insertion (^) of new section in Act, XXVII of 1997.-ln the Anti- Terrorism Act, 1997 (XXVII^ of 1997), after section 2lA. the following new section shall be inserterl, namely:-
*2tAA. (^) Protection of Judges, prosecutorc, witnesses and persons concerned with (^) Court proceedings.{ (^) I) For.the purposes of protectin[, (^) the Judges, prosecutors, (^) witnesses and persons
concernerl with Court proceedings, the Court ma1' make such
necessary orders or take srrch measures, as it deerhs fit, which may
include the following:-
(a) proceedings may be held in camera, or under restricted entry, whele necessary, to prevent persons front crowding or
storrning the Court to intimidate the Judge and/,.1r prosecutor
or tc create a threatening atmosphere which may impede the
tria l:
(b) (^) witn:ss anonyrnity Order may be passed (^) by a Couft that
requ tes such specified measures to be taken in relation to a
witn,:ss in proceedings, as the Court considers appropriate to
ensu'e that the identity of the witness is not disclosed in or in
connection with the proceedings. The kinds of nreasures that
may be required to (^) be taken in relation to a witness may
include measures for securing one or more of the following:-
288 THE GAZETTII OF PAKISTAN,^ EXTRA, MAY^ 24,^2018 tP4!
Acr No. XVI oF^2018
AN
AC1'
further lo^ ameud^ lhe Prevention^ of Cruelty^ to^ Aninnls^ Act,^1890
WHeneas it is expedient further^ to^ amend^ the^ Prevention^ of^ Cruelty^ to
Animals Act, 1890 (Xl of^ 1890)^ for^ the^ purposes^ hereinafter appearingl
It is hereby^ enacted^ as^ follows:-
l. Short title and commencement.-{ l)^ This^ Act^ may^ be^ called^ the Prevention o1'Cruelty b^ Animals (Amendment) Act,^ 201 8.
(2) (^) lt shall c(,me into force at once.
- Amendn,ent of section 3,^ Act^ XI^ of^ 1890.-ln^ the Prevention^ of Cruelty to Animals Ar:t, 1890 (XI^ of^ 1890),^ hereinafter called the said^ Act,^ in section 3,-
(a) (^) for the w:rds "fifty rupees", the exprcssion "one^ hundred thousand
rupees, but shall not be less than ten^ thousand rupees"^ shall^ be
substitutr d; and
(b) (^) for the uords "one hundred rupees", the^ expression^ "two^ hundred
thousand rupees,^ but shall not be^ less^ than^ twenty^ five^ thousand
rupees" shall be substituted.
- Arnendnrent of^ section^ 3A,^ Act^ XI^ of^ 1890.-ln^ the^ said^ Act,^ in section 3A,-
(a) in sub-section (^ l), for the words^ "fifty^ rupees", the expression^ "one
hundred thousand rupees,^ but shall not be^ less^ than ten^ thousand
rupees" shall be substituted; and
(b) in sub-s:ction (2),^ for the words^ "one hundred rupees",^ the
expression "two^ hundred thousand rupees,^ but^ shall^ not^ be^ less
than twenty five thousand rupees" shall^ be^ substitute(|.
- Amendnrcnt of section 4,^ Acf^ XI^ of 1890'-ln^ the said^ Act.^ in section 4 in sub-section( I (^) ),-
P^Rr ll THE GAZETTE OF^ PAKISTAN, EXTRA.,^ MAY^ 24,2OIE^ 2E
(a) for the words "five^ hundred rupees",^ the^ expression^ "three^ hundred
thousand rupees, but shall^ not^ be^ less^ than^ fifty^ thousand rupees"
shall be substittrted; and
(b) in the proviso,^ for the^ words^ "five^ hundred rupees",^ the^ expresslon
"five hundred thousand rupees,^ but^ shall^ not be^ less^ than^ fifty
thousand rupees"^ shall^ be^ substituted
- Amendment o[^ section^ 5,^ Act^ XI^ of 1890'-ln^ the^ said^ Act,^ in
section 5.^ for^ the rvords^ "two^ hundred^ rupees",^ the^ expression^ "three^ hundred
thousand rupees,^ but shall^ uot^ be^ less^ than^ fifty^ thousand rupees'l^ shall^ be substituted.
- Amendment^ of^ section^ 5A,^ Act^ XI^ of^ 1890'-ln^ the said^ Act'^ rn
section 5A, for^ the words^ "one^ hundred rupees",^ the^ expression^ 'two^ hundred
thousand rupees, but^ shall not^ be^ less^ than^ twenty^ five^ thousand rupees"^ shall^ be
substituted.
- Amendment^ of^ section^ 6,^ Act^ XI^ of^ 1890'-ln^ the^ said^ Act'^ in
section 6, for the^ words "one^ hundred rupees",^ the^ expression^ "two^ hundred
thousand rupees, but^ shall not^ be^ less^ than^ twenty^ five^ thotrsand rupees"^ shall^ be
substituted.
- Amendment of^ section 6C,^ Act^ XI^ of^ 1890'-ln^ the said^ Act'^ in
section 6C,^ for^ the^ words^ "fifty^ rupees", the expression^ "three^ hundred thousand
rupees, but shall not^ be^ less^ than^ fifty^ thousand rupees"^ shall^ be^ substituted'
- Amendment of^ section^ 7,^ Act^ XI^ of^ 1890'-ln^ the^ said^ Act'^ in section 7.-
(a) for the words "one lrundred rupees",^ the^ expression^ "two^ hundred
thousand rupees, but^ shall^ not^ be^ less^ than twenty^ five^ thotrsand
rupees" shall be substituted;^ and
(b) (^) for the words "fifty rupees",^ the^ expression^ "one^ hundred^ thousand
rupees, but^ shall^ not^ be^ less^ than^ ten^ thousand rupees"^ shall^ be
substituted.
- Amendment^ of^ section^ 15,^ Act^ XI^ of^ 1890'-ln^ the said^ Act'^ in seclion 15. in sub-section (3).^ for^ the^ words^ "fifty^ rupees"' the^ expression^ "one hundred thousand rupees,^ but^ shall^ not be^ less^ than^ ten^ thousand rupees"^ shall^ be sUbstiluted.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., MAY 24,20I8 291
It is hereby enacted as follows:-
I. Short title and commencement.-{ l)^ This Act^ may^ be^ called^ the Crirninal Laws (Anrendmertt)^ Act,^ 2018.
(2) (^) It shall come into tbrce at once
- Amendment of section 510, Act XLv of 1860.{ I (^) ) In the
Pakistan Penal Code, I 860 (XLV^ of I 860), in section 510.
(i) for the words "t\velty four hours" the words "seven^ d4ys but shall
not be less than fbrty eight hours" shall be substituted; and
(ii) for the words "thirty rupees" the words "one hundred thousand
rupees but shall not be less than ten^ thousand^ rupees" shall^ be
substituted.
- Amendment of Schedule II, Act V of 1898.-ln^ the^ Codc^ of Criminal procedure,^1898 (V^ of^ 1898),^ in^ Schedule^ l[,^ against section 510, for
the entry in column 7,.the follorving shall be substituted, namely:-
"simple irnprisonment for 7 days but shall not be less^ thal^48 hours, or fine of 100000 rupees but shall not be^ less^ than^10000 rupees, or bo1h".
TAHIR HUSSAIN.
Secretory.
PRINTED BYTHE MANAGER, PRINTING^ CORPORATION^ OF^ PAKISTAN^ PRESS'^ ISLAMABAD, PUBLISHED EYTHE DEPUTY CONTROLLER, STATIONERY AND^ FORIVS,^ UNIVERSITY^ ROAO,^ KARACHI
