(3) In case of death, resignation, or removal of a member of the Commission, another person
may be appointed as such member for the term specified under sub-section (3) of section
36.
38. Appointment and matters of employees of the Commission. –
(1) The Chairperson of the Commission is vested with the power to decide matters
concerning the administration and appointment of new employees by regulations made
by the Commission from time to time.
(2) For the performance of functions, the Commission may, from time to time, employ such
persons and on such terms and conditions as deemed necessary.
(3) The employees of the Commission shall be public servants within the meaning of
section 21 of the Pakistan Penal Code (Act XLV of 1860).
(4) Without prejudice to the generality of the foregoing powers, the Commission may;
(a) appoint and remove its employees, and officers;
(b) exercise discipline and control over employees or officers;
(c) prescribe any remuneration, salary, or allowances and any such terms and
conditions of service of such officers, employees, consultants, and experts;
(d) regulate and manage its internal organisation, set up divisions within the
Commission and make appropriate appointments in those divisions; and
(e) appoint advisory bodies, consultants, and advisors on contract to advise the
Commission concerning its functions or powers.
(5) The decision of the Commission subject to sub-section (1) shall be taken with the
concurrence of the majority of its members.
(6) Notwithstanding anything contained in sub-section (1), no Act or proceedings of the
Commission shall be invalid only because of the existence of a vacancy in, or a defect
in the constitution of the Commission.
39. Functions of the Commission. –
(1) The Commission shall be responsible to protect the interest of the data subject,
enforcing the protection of personal data, precluding illegal activities, and misusing
personal data, promoting awareness of data protection, and entertaining complaints of
data subjects made under this Act.
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