REGULATIONS, 2012
NATIONAL ELECTRIC POWER REGULATORY AUTHORITY
(PROCEDURE FOR FILING APPEAL BEFORE THE AUTHORITY) REGULATIONS, 2012
[Gazette of Pakistan, Extraordinary, Part-II, 10th October, 2012]
S.
R. O. 1264(I)/2012.—In
exercise of the powers conferred by Section 47, read with Sections 12-A and
38(3) of the Regulation of Generation, Transmission and Distribution of
Electric Power Act 1997, the National Electric Power Regulatory Authority is
pleased to make the following regulations, namely:-
1. Short title and commencement.—(1) These regulations may be called the
National Electric Power Regulatory Authority (Procedure for filing appeal
before the Authority) Regulations, 2012.
(2) These
shall come into force at once.
2. Definitions.—(1) In these regulations, unless there is
anything repugnant in the subject or context,—
(a) "Act" means the
Regulation of Generation, Transmission and Distribution of Electric Power Act
1997;
(b) "Authority"
means the authority established under Section 3 of the Act;
(c) "appeal" means
an appeal preferred under Section 12-A or 38 (3) of the Act.
(d) "appellant"
means a person who prefers an appeal before the Authority;
(e) "authorized
representative" means a person who is authorized to appear, plead and act
on behalf of the appellant before the Authority;
(f) "form"
means form appended to these regulations;
(i) "Registrar"
means an officer of the Authority who is appointed to perform the functions of
the Registrar of Authority.
(2) Words
and expressions used and not specifically defined herein, but defined in the
Act, shall have the meaning assigned to them in the Act.
3. Filing of appeal.—(1) Any person aggrieved by any decision or order
of the single Member of the Authority or Tribunal constituted under Section 11
of the Act or from a decision given by the Provincial office of Inspection may,
within 30 days of the order or decision; file an appeal before the Authority.
(2) No
appeal shall be competent against any order or decision given with the consent
of the parties or against any interim order.
4. Limitation for filing appeal.—(1) Every appeal shall be filed within a
period of thirty days from the date on which a copy of the order against which
the appeal is preferred is received by the appellant:
Provided that the Authority may, upon an
application filed in this behalf, entertain an appeal after the expiry of the
said period of thirty days if it is satisfied that there was sufficient cause
for not filing it within the period.
(2) Subject
to anything contrary on the record the copy of the order against which an
appeal is filed shall be presumed to have been received by the appellant if:-
(a) sent
by courier, three days following the day it is dispatched by the Receipt and
Issue department of the Authority;
(b) sent
by registered post, seven days following the date it is mailed by the Receipt
and Issue department of the Authority; and
(c) sent
by hand delivery; on production of the receipt showing the date it is served on
the appellant.
5. Form and procedure of appeal.—(1) A memorandum of appeal shall be presented/sent,
as per forms prescribed in the Schedule attached to these regulations, by
registered post or through a recognized courier addressed to the Registrar.
(2) Every
appeal shall be supported with a duly verified affidavit signed by the
appellant(s).
(3) A
memorandum of appeal sent by post shall be deemed to have been presented to the
Authority on the day it is received by the Registrar.
6. Appeal to be in writing.—(1) Every appeal, application, reply, representation
or any document filed before the Authority shall be type-written neatly on one
side of good quality paper of legal size in double space and all sheets shall
be stitched together and every page shall be consecutively numbered.
(2) The
appeal under sub-rule (1) shall be presented in four sets in a paper-book.
7. Contents of memorandum of appeal.—(1) Every memorandum of appeal filed shall
set forth concisely under distinct heads, the grounds of such appeal numbered
consecutively and shall contain no intemperate or improper language.
8. Other documents to accompany memorandum
of appeal.—(1) Apart from
other documents, every memorandum of appeal shall be accompanied by a certified
copy of the order appealed against.
(2) Where
an appellant or respondent is represented by an authorized representative, the
written authorization in his favour signed by the appellant or as the case may
be, respondent shall be appended to the appeal.
9. Fee.—(1) Every memorandum of appeal shall be accompanied with a fee of Rs.
one thousand in the form of bank draft in favour of National Electric Power
Regulatory Authority.
10. Presentation and scrutiny of memorandum of
appeal by Registrar.—(1) The
Registrar shall endorse on every appeal the date on which he has received the
appeal under Regulation 5, or deemed to have been presented under that rule,
and shall sign an endorsement to that effect.
(2) If,
on scrutiny, the appeal is found to be in order by the Registrar, it shall be
duly registered and given a serial number.
(3) If
an appeal on scrutiny is found to be defective by the Registrar and the defect
noticed is of formal nature, the Registrar may allow the appellant to rectify
the same in his presence and if the said defect is not of formal nature, the
Registrar may allow the appellant such time to rectify the defect as he may deem
fit. If the appeal has been sent by post and found to be defective, the Registrar
may communicate the defects to the appellant and allow the appellant such time
to rectify the defect as he may deem fit.
(4) If
the appellant fails to rectify the defect within the time allowed in sub-rule
(3), the Registrar shall place the appeal before the Authority for a decision
and the Authority may either provide another opportunity of rectification or
may reject the appeal.
11. Adjournments.—(1) If on the day fixed or any other day to
which the hearing may be adjourned the appellant does not appear when the
appeal is called on for hearing, the Authority may make an order that the
appeal be dismissed:
Provided that the Authority may, upon an
application submitted by the appellant giving sufficient cause for his
non-appearance, make an order for restoration of appeal on payment of such
costs as it may, in the circumstances of the case, deem necessary.
(2) The
dismissal of an appeal under sub-rule (1) shall be notified to the appellant.
(3) The
appellant or respondent seeking adjournment for a fixed date of hearing shall
be required to give reasons along with evidence of his non-appearance or his
authorized representative before the Authority.
12. Notice of appeal to all concerned.—Where the appeal complete in all respects and
is not rejected under Regulation 10(4), a copy of the memorandum of appeal and
paper-book shall be served by the Registrar on the respondent by hand delivery,
or by registered post or by courier as the case may be.
13. Filing of reply to the appeal and other
documents by the respondent.—(1)
The respondent may file written reply of the memorandum of appeal within a
period of 10 days of receipt of notice.
(2) Every
reply, application or written representation filed before the Authority shall
be verified in the manner provided for in the form.
(3) A
copy of every application, reply, document or written material filed by the
respondent before the Authority shall be forthwith served on the appellant by
the respondent.
(4) The
Authority may, in its discretion, on application by the respondent or other
interested party allow the filing of reply referred to in sub-rule (1) after
the expiry of the period originally allowed.
14. Date of hearing to be notified.—The Registrar shall notify the date, time and
venue of hearing of the appeal to all the parties in such manner as the
Authority may, by general or special order, direct.
15. Hearing of appeal and decision of appeal.—(1) On the day fixed for hearing, or on any
other day to which the hearing may be adjourned, the appellant shall be heard
personally, or through his authorized representative, in support of the appeal.
The Authority shall then hear the respondent or his authorized representative
against the appeal and in such a case the appellant shall be entitled to reply.
(2) All
parties appearing before the Authority may be required to submit a summary of
their arguments in writing at the conclusion of the hearing provided that the
Authority shall not be bound to entertain such arguments which are included in
the summary but not pressed before the Authority during the course of hearing.
(3) An
appeal shall as far as possible be decided within sixty days of its filing.
(4) The
hearing of appeals under these rates shall not be public proceedings, provided
that any person not being a party to the proceeding before the Authority may
attend such proceedings with the prior approval of the Authority.
(5) The Authority in appeal may, inter alia, confirm, remand, set aside
or cancel the order appealed against or enhance or reduce the penalty or make
such other order as it may deem just and equitable in the circumstances of a
case.
16. Facts to be proved by affidavit.—The Authority may, at any time, for
sufficient reasons; order that any particular fact or facts may be proved by
affidavit or that the affidavit of any witness may be read at the hearing, on such
conditions as it may deem appropriate.
17. Order to be signed and dated.—(1) Every order of the Authority shall be
signed and dated by the Authority and the Authority may, subject to recording
of reasons in writing, pass interim orders or injunctions in the interest of
justice.
(2) The
order shall be pronounced in the sitting of the Authority or at any time as the
Authority may deem fit.
18. Communication of orders.—A copy of the duly signed order passed by the
Authority shall be communicated to all the parties within three days of the
passing of such order.
SCHEDULE
[See Regulation 5(1)]
Form - A
Form-A shall be appended to the appeal by the
Appellant giving the following particulars:
(1) Title
: A ,B .— Appellant versus CD...and others Respondent(s)
(2) Particulars
of the appellant:
(a) Name
of the appellant;
(b) In
case of a company, address of registered office, in other cases mailing address
for service of all notices;
(c) Telephone/Fax
number and E-mail address, if any.
(3) Particulars
of the respondent(s):
(a) Name
of the respondent(s)
(b) In
case of a company address of registered office in other cases mailing address for service of all
notices;
(c) Telephone/Fax
number and E-mail address, if any.
Signatures of the Appellant or his authorized
representative
__________________________________
(Name in Block Letters)
FORM B
(For use in the Authority's office)
(a) Date
of presentation before the Registrar ___________________
(b) Date
of receipt by post _________________________________
(c) Registration
number ___________________________________
(d) Signature
of the Registrar _______________________________
FORM-C
NATIONAL ELECTRIC POWER REGULATORY
AUTHORITY ISLAMABAD
AUTHORITY ISLAMABAD
A.B .— Appellant(s)
versus
CD...and other Respondent(s)
Appeal
under Section 12A or 38(3) of the Regulation of Generation, Transmission and
distribution of Electric Power Act of 1997.
1. Facts of the case and the details of
the orders against which appeal is preferred:
The facts of the case arc given below:
(give a concise statement of facts and
grounds of appeal against the specific order, in a chronological order, each
paragraph containing as nearly as possible a separate issue or fact).
2. Relevant provisions of law.
(Reference must be made to all the relevant
provisions invoked and to be relied upon in the appeal).
3. Legal grounds
(Give all the legal grounds with reference to
the law they are based upon).
4. Interim order, if prayed for
(Give here the nature of the interim order
prayed for and reference to the application No. ________ attached with the
appeal in this regard).
5. Limitation
The appellant declares that the appeal is
within the limitation period as prescribed in Section 12-A or 38(3) of the NEPRA
Act, 1997.
6. Relief sought
In view of the facts mentioned in above
paras, the appellant prays for the following relief: (Specify the relief(s) sought,
explain the grounds for relief(s) and the legal provisions, if any, relied
upon).
7. Matter not pending with any other Court etc.
The appellant further declares that the
matter regarding which this appeal has been made is not pending before any Court
of law or any other authority or any other Tribunal.
8. Details of index
An index containing the details of the
documents to be relied upon is enclosed.
9. List of enclosures
10. Copy of Bank Draft
Bank draft for payment of appeal filing fee
is to be attached.
Signature of the appellant/authorized
representative
VERIFICATION
I, (Name in full and block letters)
son/daughter/wife of ______________ being the appellant/authorized
representative of ( ________________)
do hereby solemnly declare that the foregoing constitutes full, true and plain
disclosure of all material facts and nothing has been concealed, and that the
contents of paras 1-10 are true to my personal knowledge and belief.
Verified today this…………….day of…………………
Signature of the appellant/authorized
representative.
Place:
Date:
-------------------------------
REGULATIONS, 2012
PAKISTAN ELECTRONIC
MEDIA REGULATORY AUTHORITY (CONTENT) REGULATIONS 2012
[Gazette of Pakistan, Extraordinary, Part-II, 10th October, 2012].
S.R.O.
1265(I)/2012, dated 25.9.2012.—WHEREAS
based on the public feedback it is felt expedient to devise guidelines for the
electronic media for the improvement of working of electronic media.
WHEREAS after detailed deliberations in the
Joint Meeting of Chairpersons, Members of the Councils of Complaints from
across the country and Authority Members, the Joint Meeting while expressing
its strong belief in the freedom of expression discussed and prepared a draft
to enhance the reputation of the electronic journalism in Pakistan.
WHEREAS the Authority has time and again
expressed its commitment towards promoting self-regulation by the licensees
while encouraging the licensees to ensure proper editorial control and policy
of gate-keeping along with arrangement for the training of workers of the
electronic media.
WHEREAS the draft regulations prepared by the
Joint Meeting of Chairpersons. Members of the Councils of Complaints and
Authority Members was circulated among the stakeholders as well as uploaded on
PEMRA website for consultation and comments of the stakeholders and the general
public.
WHERRAS the draft regulations were revised in
view of the response received from the stakeholders and the general public and
to ensure that freedom of expression is protected as enshrined in Article 19 of
the Constitution of Islamic Republic of Pakistan and growth of free, fair and
responsible electronic media in the country is promoted.
WHEREAS under Article 37(g) of the
Constitution of Islamic Republic of Pakistan read with Section 20 of the
Ordinance, the licensees are required to ensure that all programmes and
advertisements do not contain or encourage violence, terrorism, racial, ethnic
or religious discrimination, sectarianism, extremism, militancy, hatred,
pornography, obscenity, vulgarity or other material offensive to commonly
accepted standards of decency.
NOW THEREFORE, in exercise of the powers
conferred under sub-section (3) of Section 4 read with Sections 19, 20 and all
other enabling provisions of Pakistan Electronic Media Regulatory Authority
Ordinance, 2002, the Pakistan Electronic Media Regulatory Authority is pleased
to make the following Regulations:
1. Short title and commencement.—(1) These regulations shall be called
Pakistan Electronic Media Regulatory Authority (Content) Regulations 2012.
(2) They shall come into force at once.
2. Definitions.—(1) Terms and expressions used in these
regulations shall have, unless it appears repugnant to the context or provided
otherwise, following meaning:-
(a) "advertisement"
means a set of visual and audio messages for the projection of a product,
service, or idea with the object of propagating sale, purchase or hire of the
product, service or idea for creating other related effects;
(b) "Authority"
means the Pakistan Electronic Media Regulatory Authority (PEMRA) established
under Section 3 of the Ordinance;
(c) "Council"
means the Council of Complaints established under the Ordinance;
(d) "content"
includes programmes and advertisements;
(e) "current
affairs programme" means the programme that contains explanation and
analysis of current events and issues, including material dealing with
political or industrial controversy or with current public policy;
(f) "footage"
means the raw, unedited material as it had been originally filmed by any video
recording device;
(g) "foreign
content" means the content that is produced under the direct or indirect
creative control of foreigners, foreign companies or foreign broadcasters;
(h) "indecent"
includes whatsoever may amount to any incentive, sensuality and excitement of
impure thoughts in the mind of an ordinary man of normal temperament and has
the tendency to deprave and corrupt those whose minds are open to such immoral
influence, and which is deemed to be detrimental to public morals and
calculated to produce pernicious effect, in depraving and debauching the minds
of persons;
(i) "licence"
means a licence issued by the Authority to establish and operate a broadcast
media or distribution service;
(j) "licensee"
means a person to whom the Authority has issued a licence;
(k) "Ordinance"
means the Pakistan
electronic Media Regulatory Authority Ordinance, 2002 as amended from time to
time;
(l) "programme"
means the systematic broadcasting of visual or sound images by a broadcast
station but does not include an advertisement;
(m) "propaganda"
means a systematic dissemination of any doctrine, rumour or selective
information to promote one sided views on any controversial issue;
(n) "proscribed
organization" means proscribed organization as defined under Anti-Terrorism
Act, 1997;
(o) "regulations"
means the regulations made under the Ordinance;
(p) "rules"
means the rules made under the Ordinance;
(q) "sectarian"
means pertaining to, devoted to, peculiar to, or one which promotes the
interest of a religious sect or sects in a bigoted or prejudicial manner;
(r) "smoking"
means smoking of tobacco in any form whether in the form of cigarettes, cigar
or otherwise with the aid of a pipe, wrapper or any other instrument.
(s) "terrorism"
means terrorism as defined under Anti-Terrorism Act, 1997;
(t) "terrorist"
means terrorist as defined under Anti-Terrorism Act 1997;
(2) Words and phrases used but not defined in
these regulations, unless the context otherwise requires, shall have the
meanings assigned to them in the Ordinance, and the rules and regulations made
thereunder.
3. Local media industry protection.—(1) Except in case of landing rights
permission holder, licensee shall ensure that the foreign content aired in a calendar
day does not exceed a maximum often percent of the whole content.
(2) Licensee
shall ensure that no programme is aired in violation of the intellectual
property rights.
4. Religious and ethnic harmony.—No content shall be aired that contains
derogatory remarks about any religion or sect or community or uses visuals or
words contemptuous of religious sects and ethnic groups or which promotes
communal or sectarian hatred or disharmony.
5. Ethical and social values.—(1) Licensee shall show deference to the
ethical and social values of the country and ensure that:-
(a) any
content that maligns or slanders any individual in person or certain groups,
segments of social, public and moral life of the country is not broadcast or
distributed;
(b) content does not make
careless references to any class or group of persons as being inherently
inferior or in any way discriminate against any section of the community on
account of religion, gender, age, disability or occupational status.
(c) content
is not obscene or indecent;
Explanation: For the purposes of these regulations content shall be
deemed to be obscene if its effect is such as to tend to deprave and corrupt
persons who are likely, having regard to all relevant circumstances, to read,
see or hear the matter contained or embodied in it.
(d) offensive or derogatory
jokes, words, gestures, dialogues and subtitles are not broadcast or
distributed;
(e) behaviour such as smoking
and drug abuse is not presented as glamorous or desirable;
(f) alcoholic beverages,
tobacco products or any other narcotics shall not be shown;
(g) content does not contain
anything that denigrates men or women through the depiction in any manner of
the figure, in such a way as to have the effect of being indecent or
derogatory;
(h) content
does not contain any abusive comment;
(i) content does not contain
anything that, when taken in context, tends to or is likely to expose an
individual or a group or class of individuals to hatred or contempt on the
basis of race or caste, national, ethnic or linguistic origin, colour or
religion or sect, sex, sexual orientation, age or mental or physical
disability;
(j) no content is aired that
is offensive, indecent, vulgar or defamatory;
6. Coverage of incidents of accidents, violence
and crime.—(1) Coverage of
incidents of violence and crime shall not incite, glamorize or in any way
promote violence or anti-social behaviour.
(2) Appropriate,
warning shall be given upfront for content which may be potentially disturbing
or upsetting so as to enable viewers to make an informed choice.
(3) Scenes
with excessive violence or suffering such as close-up shots of persons being
brutally tortured and killed shall not be shown.
(4) It
shall be ensured that reporting of incidents of crime, accident, natural
disaster or violence does not create hurdles in dispensation of the duties of
rescue agencies, hospitals and doctors.
(5) Extreme
caution shall be exercised in handling themes, plots or scenes that depict sex
and violence, including rape and other sexual assaults.
(6) Identity
of any victim of rape, sexual abuse, terrorism or kidnapping or such victim's
family shall not be revealed without prior written permission of the victim or
victim's guardian where victim is a minor:
Provided that during any ongoing rescue or
security operation, identity and number of victims shall not be revealed unless
the same is warranted by the rescue or security agency in-charge of the
operation.
(7) Content
shall not glamorise or in any way promote persons groups or organizations who
use or advocate the use of violence or engage in any criminal activity within
Pakistan and licensee shall ensure that all proscribed organisations, militant
groups or individuals who are notified by the Government as terrorists shall
clearly be so identified and statements of such militant groups or individuals
shall not be aired.
(8) Licensee
shall ensure that there is no live coverage which discloses the tactical
measures adopted by law enforcement agencies against terrorists during ongoing
security operations.
(9) The
licensee shall not air head money or bounty other than announced by the
competent Court or the Government agency of Pakistan.
(10) A
licensee shall not broadcast video footage of suicide bombers, terrorists,
bodies of victims of terrorism, statements and pronouncements of proscribed
organizations, militants and extremist elements and any other act which may, in
any way, promote aid or abet terrorist or terrorism.
7. Privacy and personal data protection.—(1) Licensee shall avoid any infringement of
privacy in programmes and in connection with obtaining material included in
programmes unless the same is warranted by an identifiable public interest.
Explanation: For the purposes of these regulations
warranted means that where licensees wish to justify an infringement of privacy
as warranted they should be able to demonstrate why in the particular
circumstances of the case it is warranted. If the reason is that it is in the
public interest then the licensee should be able to demonstrate that the public
interest outweighs the right to privacy.
(2) Licensee
shall not obtain or seek information, audio, pictures or any agreement through
misrepresentation or deception unless the same is warranted by identifiable
public interest.
(3) Door
stepping for factual programmes should not take place unless a request for an
interview has been refused and door stepping is warranted by identifiable
public interest.
Explanation: For the purposes of these regulations door stepping
is the filming or recording of an interview or attempted interview with
someone, or announcing that a call is being filmed or recorded for broadcast
purposes, without any prior warning.
(4) Information
which discloses location of a person's home or family shall not be revealed
without permission unless there is an identifiable public interest.
(5) Licensee
shall ensure that words, images or actions filmed or recorded in, or broadcast
from, a public place, are not so private that prior consent is required before
broadcast from the individual or organization concerned unless broadcasting
without their consent is warranted by identifiable public interest.
8. Programming for children.—(1) Programmes and advertisements meant for
children shall not:--
(a) be
presented in a manner which may be disturbing or distressing to children or
which may in any way adversely affect their general well being;
(b) be
frightening, or contain violence:
(c) be
deceptive or misleading or against commonly accepted social values; and
(d) promotes
superstitions.
(2) Horror
and supernatural content which may be frightening to children shall not be
broadcast in timeslots that are accessible to children.
(3) The
licensee shall include appropriate warning before airing any content that may
not be suitable for children.
(4) Due
care must be taken over the physical and emotional welfare and the dignity of
people under eighteen who take part or are otherwise involved in programmes.
This is irrespective of any consent given by the participant or by a parent,
guardian or other person over the age of eighteen in loco parentis.
(5) People
under eighteen must not be caused unnecessary distress or anxiety by their
involvement in programmes or by the broadcast of those programmes.
(6) Prizes
aimed at children must be appropriate to the age range of both the target
audience and the participants.
9. Language.--(1) Content shall maintain high standards of language.
Abusive and vulgar language shall be strictly avoided in all content.
(2) Standard
Urdu, regional and foreign languages which are grammatically correct, shall be
used for programmes such as news, current affairs, info-educational programmes
and programmes meant for children.
10. News and current affairs programmes.—(1) News, current affairs or documentary
programmes shall present information in an objective, accurate, impartial and balanced
manner.
Explanation: Impartial here means that opinion and views
expressed by the licensee shall be based on proper reasoning and facts and
shall not be influenced by personal bias, prejudice or other commercial
interests of the licensee or persons working for the licensee.
(2) Any
political or analytical programme whether in the form of a talk show or
otherwise, shall be conducted in an objective manner ensuring representation of
the concerned parties and the guests shall be treated with due respect.
(3) In
the event any factually incorrect programme, news or assertion is made by the
licensee, the correct factual position shall be broadcast as soon as it comes
to the knowledge of the licensee along with an apology.
(4) Programmes
or advertisement amounting to contempt of Court shall not be aired.
(5) Programmes
on sub judice matters may be aired in informative manner and shall be handled
objectively:
Provided that no content which tends to
prejudice the determination of the Court shall be aired.
(6) News
shall be clearly distinguished from commentary, opinion and analysis.
(7) Gloomy,
sensational, or alarming details not essential to factual reporting shall not
be aired as a part of news-bulletin.
(8) Footages
of gory scenes including bloodshed and dead bodies shall not be aired.
(9) While
reporting the proceedings of the Parliament or the Provincial Assemblies, such
portion of the proceedings as the Chairman or the Speaker may have ordered to
be expunged, shall not be broadcast or distributed and every effort shall be
made to release a fair account of the proceedings of the Parliament or the
Provincial Assemblies.
(10) Sequences
that are based on extracts of Court proceedings, from police records, and other
sources must be fair and correct. Where the creative realization of some
elements (such as characterization, dialogue or atmosphere) may introduce a
Fictional dimension, this shall not be allowed to distort the known facts.
(11) In
talk shows or other similar programmes, the licensee shall ensure that:--
(a) the
topic of programme is clearly highlighted;
(b) information
being provided is not false, distorted, inappropriate or misleading and
relevant facts are not suppressed for commercial, institutional or other
special interests;
(c) the
programme is conducted in an objective and unbiased manner;
(d) exploitation
that appears to purposefully debase or abuse a person, or group of persons is
avoided;
(e) intrusion
into private life, grief or distress of individuals is avoided;
(12) Any
personal interest of a reporter or presenter which may call into question due
impartiality of the programme shall be disclosed.
(13) Licensee
shall avoid media trial of any person in connection with an ongoing
investigation and shall present both sides of the story.
(14) News
or any other programme shall not be aired in a manner that is likely to
jeopardize any ongoing investigation.
11. Re-enactment.—(1) The evidence on which a dramatic
re-enactment is based shall be tested with the same rigor required of a factual
programme;
(2) Footage
or re-enactment of following shall not be aired:
i. executions or other
scenes in which people are clearly seen being killed or about to die;
ii. rape, sexual abuse or
any other sex crime; or
iii. any case which is under
trial before a Court.
(3) Re-enactment
of any criminal incident shall not be aired before 2300 hrs and after 0700 hrs.
12. Programming mix and live coverage.—(1) A licensee shall show content as per its
licence category and percentage wise content set out in the terms and
conditions of the licence.
(2) Licensee may broadcast live programmes if it
is permitted under the terms and conditions of the licence provided that an
effective delaying mechanism has been put in place in order to ensure effective
monitoring and editorial control.
13. General standards.—(1) Footage that can cause depression or fear
in the minds of public shall be properly edited before airing to minimize such
effect and shall not be repeated excessively:
Provided that whenever such footage is shown,
advance guiding notes shall be aired for exercise of viewer's discretion.
Explanation: For the purposes of sub-section (1) footage
shall be deemed to have been excessively repeated if it is aired for more than
once in a transmission of one hour.
(2) While
debating on the matters related to national security, constitutional issues,
financial institutions and capital market, utmost care shall be exercised and
it shall be ensured that only professionally qualified persons take part in the
discussion.
(3) Licensee
shall ensure that no content is aired that:
(a) brings into contempt Pakistan
or its people or tends to undermine its integrity or solidarity as an
independent and sovereign country;
(b) undermines
public security or contains anything against maintenance of law and order or
which promotes anti-national or anti-state attitudes;
(c) contains
propagandist and ideological messages on behalf of any foreign country, group
or organisation;
(d) contains
extremist or anarchic messages, including the incitement of violence for
political ends or other purposes; or
(e) contains
aspersions against or ridicules organs of the State;
14. Coverage of elections.—Licensee shall comply with the guidelines or
code issued by the Election Commission of Pakistan for coverage of elections
and airing of related programmes.
15. Advertisements.—(1) Advertisements shall conform to the
requirements of the laws of the country including the laws pertaining to
protection of the consumer rights and Indecent Advertisements Prohibition Act, 1963.
(2) Advertisements
meant for children shall not directly ask the children to buy the product.
(3) Advertisements
shall not promote obscenity, violence or other activities harmful to human
health or property.
(4) Advertisements
of any alcoholic beverages, tobacco products, illegal drugs or narcotics shall
not be aired.
(5) Any
health related advertisement shall not be aired without prior permission of the
Federal Government or Provincial Government, as the case may be, as required
under the relevant applicable laws and the advertisement so aired after
obtaining necessary permission shall strictly comply with the terms and
conditions of the permission.
(6) Advertisements
of lotteries, gambling or betting as prohibited under Pakistan Penal Code 1860
or any other law for the time being in force shall not be aired.
(7) A
licensee shall ensure that its service is not used to advertise or otherwise
promote magic or black magic.
(8) Advertisement
shall not exploit nationalistic behaviour and use of national symbols and
anthem purely for the purposes of promotion of a product or any quality in such
product shall be prohibited.
(9) Advertisements
shall be readily recognizable as such and kept separate from programmes.
(10) Advertisements
in the form of subtitles, logos or sliding texts on TV shall not exceed a
maximum of one tenth of the whole screen.
(11) Advertisements
relating to telemarketing, tele-shopping or other offers to make phone calls
shall clearly identify the applicable charges inclusive of all taxes.
(12) During
a regular programme a continuous break for advertising shall not exceed three
minutes and duration between two such successive breaks shall not be less than
fifteen minutes:
Provided that duration of advertisement in
one hour shall not exceed a maximum of twelve minutes.
16. Responsibility for advertising.—Licensee shall be held liable for distribution
of illegal or prohibited advertisements.
17. Programmes and advertisements to comply
with the local laws.—(1)
Licensee shall ensure that programmes and advertisements comply with the
Ordinance, rules, regulations, code of conduct and do not violate any laws of
the country.
(2) Where
prior permission for airing of any advertisement or programme is required to be
obtained under any law, such advertisement or programme shall not be aired
unless requisite prior permission has been obtained.
18. Monitoring Committee.—(1) Licensee shall comply with these regulations,
codes of programmes and advertisements approved by the Authority and appoint an
in-house monitoring committee under intimation to the Authority to ensure
compliance of these regulations and code.
(2) The selection criteria of the members of
in-house monitoring committee to be appointed by the licensee as required under
Section 20 (f) of the Ordinance shall be provided to the Authority.
19. Errors and corrigendum.—(1) In the event any false news or information
is aired, the licensee shall acknowledge and correct the same on the same
medium without any delay in the same manner and magnitude as that of the false
news or information was aired.
(2) Any person aggrieved from any aspect of the
programme or advertisements may file a complaint before the council as provided
in Pakistan Electronic Media Regulatory Authority (Council of Complaints) Rules,
2010.
20. Distribution of TV channels.—A distribution service operator shall relay
only those TV channels that are licensed by the Authority.
21. Interpretation.—In case of a dispute- or controversy over interpretation,
purported meanings or effect of any particular content, the decision of the
Authority shall be final and binding on all the concerned parties.
---------------------------
GILGI ACT NO. III OF 2012
GILGIT-BALTISTAN DEVELOPMENT OF
CITIES, 2012
CITIES, 2012
An Act to provide for The development of cities
in
the Gilgit-Baltistan
the Gilgit-Baltistan
[Gazette of Pakistan, Extraordinary, Part-I, 15th October, 2012]
Preamble.—WHEREAS it is expedient in the public
interest to establish a comprehensive system of planning and development in
order to improve the quality of life in the cities of the Gilgit-Baltistan,
establish an integrated development approach and a continuing process of
planning and development, to ensure optimum utilization of resources,
economical and effective utilization of land and to evolve policies and programmes,
relating to the improvement at the environment of housing, industrial and trade
development, traffic, transportation, health, education, water supply,
sewerage, drainage, solid waste disposal and matters connected therewith and
incidental thereto:
2. It
is hereby enacted as follows:-
CHAPTER-I
PRELIMINARY
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the
Gilgit-Baltistan Development of Cities Act, No. III of 2012.
(2) It
shall extend to the whole of the Gilgit-Baltistan.
(3) It
applies to the city or cities as the Government may, by notification, specify
from time to time.
2. Definitions.—In this Act, unless the context otherwise
requires:--
(a) "Agency"
means an agency established by the Authority to perform one or more of its
functions under this Act;
(b) "Area"
means the whole or any part of the city;
(c) "Authority"
means the Development Authority created under Section 4 of this Act;
(d) "Chairman"
means the Chairman of the Authority;
(e) "City"
means an area declared by the Government to be a city for the purpose of this
Act;
(f) "Controlled
area" means an area notified as such by the Authority;
(g) "Deputy
Commissioner" means the Deputy Commissioner of the district concerned and
includes any other officer appointed by the Authority to exercise all or any of
the powers and discharge any of the functions under this Act;
(h) "Government"
means the Government of the Gilgit Baltistan;
(i) "Government
Agency" includes:--
(j) a
division, department, bureau, section, commission, board, office, or unit of
the Government;
(k) a
"Local Body" means the local body, the local council or the municipal
body as established under law for the time being in force having jurisdiction
in the area concerned.
(l) a
developmental or any other public authority, company or corporation (whether
autonomous or semi-autonomous) owned or controlled by Government or a [local
Body];
(m) "land"
includes earth, mountains, glaciers, water and air, above, below or on the
surface and any improvements in the structure customarily regarded as land and
benefits arising out of land and things attached to earth or permanently
fastened to earth;
(n) "Member"
means a member of the Authority and includes its Chairman;
(o) "Person"
includes an individual, company, firm, cooperative society or association of
individuals whether incorporated or not;
(p) "Prescribed"
means prescribed by rules or regulations;
(q) "Rules"
means rules made under this Act.
(r) "Scheme"
means a planning scheme or a development scheme made under this Act.
(s) "Specified
Area” means the areas specified in the schedule as notified by the Government,
and such other area as may from time to time be included therein by the
Government by notification in the official Gazette.
3. Declaration of any area to be a city and
alteration of the limits thereof.—(1) For the purpose of this Act, the Government may, by notification, declare
any area to be a city.
(2) The
Government may, at any time, extend, curtail or otherwise alter the limits of a
city.
4. Application of this Act and establishment
of an Authority.—(1) The
Government may by notification establish an Authority for the city to which
this Act has been applied.
(2) The
Authority shall be known by the name as may be specified by the Government.
(3) The
Authority shall be a body corporate, having perpetual succession and a common
seal with powers, subject to the provisions of this Act, to acquire, hold and
transfer property both movable and immovable, and may, by its name sue or be
sued.
(4) The
Authority shall consist of a Chairman and Members, whose number and
qualification shall be ascertained by the Government.
(5) Membership
of the Authority may be altered, increased or decreased by the Government.
(6) No
act or proceedings of the Authority shall be invalid merely by reason of any
vacancy in, or defect in, the constitution of the Authority.
(7) The
Government may designate one or more members of the Authority as Vice Chairman.
(8) A
Vice Chairman shall perform such functions as may be assigned to him by the Authority.
5. Disqualification of members.—No person shall be, or shall continue to be a
member who—
(a) is
or, at any time, has been convicted of an offence involving moral turpitude; or
(b) is
or, at any time, has been adjudicated insolvent; or
(c) is
found to be a lunatic or of unsound mind; or
(d) is
a minor; or
(e) has
a financial interest in any scheme or a conflicting interest, directly or
indirectly, between his interests as a member and his private interest, and has
failed to disclose such interest in writing to the Government.
6. Meetings.—(1) The Authority shall meet at such place
and at such time and shall observe such rules of procedure in regard to
transaction of business al its meetings as may be prescribed.
(2) The meetings of the Authority shall be
presided over by—
(a) the
Chairman;
(b) in
the absence of the Chairman, the Vice Chairman;
(c) in
ease there are more than one Vice Chairmen, in accordance with such priority as
may be determined by the Authority; and
(d) in
the absence of the Chairman as well as the Vice Chairman, by a member of the
Authority elected for the purpose by the members present, from amongst
themselves.
CHAPTER-II
POWERS AND FUNCTIONS OF THE AUTHORITY
POWERS AND FUNCTIONS OF THE AUTHORITY
7. Powers and functions of Authority.—(1) Subject to the provisions of this Act and
any rules framed there under, the Authority may exercise such powers and take
such measures as may be necessary for carrying out the purposes of this Act.
(2) Without
prejudice to the generality of the provisions of the foregoing sub-section, the
Authority may—
(i) initiate
and maintain a continuous process of comprehensive development planning for the
area with the objective of preparing a development plan;
(ii) periodically
update such a development plan and coordinate its implementation by the
Authority or Government agencies within the area;
(iii) develop,
operate and maintain water supply, sewerage and drainage system within the
area;
(iv) prepare
Annual Development Programme for the area, ensure compliance of the Annual
Development Programme with priorities established in the development plan after
its preparation and evaluate performance under the Annual Development Programme
at the end of each year;
(v) establish,
maintain and periodically revise as necessary, planning controls and building
regulations for the area to;
(vi) provide
appropriate urban design and protect public safety; and
(vii) ensure
compliance with the development plan after its preparation,
(viii) prepare,
implement and enforce schemes for environmental, improvements, housing, urban
renewal including slums improvement and re-development, solid waste disposal.
transportation and traffic, health and education facilities and preservation of
objects or places of historical, archaeological, scientific, cultural and recreational
importance;
(ix) take
any steps or adopt any measures for the face lifting and beautification of the
area;
(x) acquire
property, both movable and immovable;
(xi) sell,
lease, exchange or otherwise dispose of any property vested in it;
(xii) undertake
any works and incur any expenditure;
(xiii) procure
machinery instruments or any other material required by it;
(xiv) enter
into contracts;
(xv) cause
studies, surveys, experiments, technical researches or contribute towards the
cost of any such studies, surveys, experiments of technical researches made by
any other Agency;
(xvi) issue
interim development order for the area for which a scheme is under preparation
and restrict or regulate by general or special order, any change in the use of
land and alteration in building structure and installation;
(xvii) seek
and obtain advice and assistance for the preparation of any scheme, or for the
execution of any scheme from any Government agency or person and such agency or
person shall give the advice and assistance sought by the Authority to the best
of its ability, knowledge and judgment and the additional expenditure, if any,
involved in giving such advice or assistance shall be borne by the Authority;
and
(xviii) establish
an agency/agencies and entrust to it such powers and functions as it may deem
fit with the approval of the Government.
(3) The
Authority may, or if so directed by the Government shall prepare master plan
and phased master programmes for the development of any part or whole of the
specified area of the District concerned and all such plans and programmes
prepared from time to time shall be submitted to the Government for approval.
Provided, that the Authority may issue interim development orders for areas for
which master plan is being contemplated or is under preparation and restrict or
prohibit by general or special order any change in the use of land and
alteration in buildings, structures and installation.
8. Delegation.—The Authority may, by general or special
orders, delegate to the Director-General or a Committee constituted under Section
10 or a member or an officer of the Authority, any of its powers, duties or
functions under this Act, subject to such conditions as it may think fit to impose.
9. Appointment of officers and employees.—The Authority may appoint such officers,
advisors, experts, consultants and employees, as it considers necessary for the
efficient performance of its functions on such terms and conditions as it may
deem fit.
10. Committees.—The Authority may constitute such financial, technical
and advisory committees as may he deemed necessary for carrying out the
purposes of this Act and such committees shall exercise such powers and perform
such functions as may be delegated or assigned to them by the Authority.
CHAPTER-III
DIRECTOR-GENERAL
DIRECTOR-GENERAL
11. Appointment and terms of office.—(1) The Director-General shall be appointed
by Government on such terms and conditions as may be determined by the
Government.
(2) The Director-General shall be the Chief
Executive of the Authority and shall:-
(a) be
a whole time, or part time officer of the Authority; and
(b) perform
such duties as may be assigned to him and exercise such powers as may be
delegated to him by the Authority.
CHAPTER-IV
PREPARATION AND EXECUTION OF SCHEMES
PREPARATION AND EXECUTION OF SCHEMES
12. Preparation of schemes.—(1) The Authority shall, in such form and in
such manner as may be prescribed, prepare schemes for the area or any part
thereof and execute or have them executed in the prescribed manner.
(2) All
such schemes prepared by the Authority shall be submitted to the Government for
its approval, except those schemes, the provisional estimated cost of which
does not exceed such limit us may be prescribed by rules or for which no loan
or grant is required from the Government.
(3) The
Authority shall publish the sanctioning of any scheme in the official Gazette.
(4) The
publication of a sanction under sub-section (3), shall be conclusive evidence
that the scheme has been duly framed and sanctioned.
(5) No
planning or development scheme shall be prepared by any person or Local Body or
Government agency within the area except with the concurrence of the Authority.
13. Modification of schemes.—Any scheme prepared under this Act, may at
any time, be amended, modified or abandoned by the Authority, in such form and
in such manner as may be prescribed.
14. Power to give directions.—(1) The Authority may require a Government
agency within whose jurisdiction any particular locality or aspect of development
covered by a scheme lies:-
(a) to
execute a scheme in consultation with the Authority;
(b) to
take over and maintain any of the works and services in the area;
(c) to
provide any amenity in relation to the land which in the opinion of the
Authority ought to be provided; and
(d) to
enforce regulations, on behalf of the Authority.
(2) The
expenditure incurred on the execution of any scheme or on the taking over or
maintenance of any work, or the enforcement of regulations under this section,
shall be borne as may be agreed to between the Authority and the Government
agency and in the event of disagreement, as may be determined by the Government
within a prescribed period.
15. Power to execute any schemes.—(1) Where the Authority is satisfied that any
direction given by it under sub-section (1) of Section 14, with regard to any
scheme, has not been carried out by the Government agency, the Authority may,
itself undertake any works for the execution of that scheme and the cost
thereof shall be borne as may be agreed between the Authority and the Government
agency and in the event of disagreement, as may be determined by the
Government.
(2) Where any work is undertaken by the Authority
under sub-section (1), it shall be deemed to have, for the purpose of execution
of such work, all the powers which may be exercised under any law for the time
being in force, by the Government agency concerned.
CHAPTER-V
GENERAL
GENERAL
16. Directions by Government.—(1) The Authority shall, in discharging its
functions, act and be guided, by such directions as Government may give to it
from time to time.
(2) Where the Authority ceases to perform a
function and another organization controlled by the Government assumes that
function, the Government may direct—
(i) that
the servants of the Authority connected with that function shall become
servants of the said organization on such terms and conditions as the said
organization may determine, subject to the condition that the said terms and
conditions are not less favourable than those admissible to them as servants of
the Authority; and
(ii) that
such part of the Fund of the Authority as the Government may determine shall
stand transferred to the said organization.
17. Controlled area.—The Authority may issue in respect of a controlled
area such directions as it considers fit and appropriate and do all such things
as may be necessary for the prevention of haphazard growth, encroachments and
unauthorised constructions in such area.
18. Power to act as Local Body.—The Government may, by a notification in the
official Gazette, authorise the Authority to exercise and perform such powers
and functions as a local body may exercise and perform in relation to its local
area or in an area in which schemes are undertaken by the Authority or which is
declared as controlled area.
19. Power to remove sources of pollution.—The Authority shall have full powers to
undertake improvements of the environment of the area or any part thereof and
to check, replace, eliminate, remove, demolish, conserve, resettle or relocate
the sources of environmental pollution such as milch cattle, horses or other
animals, tongas, vehicular exhaust, industrial waste, solid waste, congestion,
blight and slums etc:
Provided that the Authority shall provide
alternate accommodation or compensation to be determined in accordance with the
provisions in Chapter VI, to any person evicted from the premises owned by him.
20. Beautification.—The Authority shall also undertake
beautification of the area or part thereof, in any manner it deems fit, or
prepare schemes and prescribe environmental standards to be adopted by the
Government agencies or persons or direct any Government agency or person to
undertake any improvements or activities for beautification of the area or part
thereof.
21. Borrowing money.—(1) The Authority shall be deemed to be a "Local
Authority" for the purpose of borrowing money and any scheme or project
prepared or undertaken by the Authority, shall be deemed to be "work"
as defined in Section 2 of the Local Authorities Loans Act, 1914 (Act No. IX of
1914):
Provided that no local or foreign loan shall
be obtained by the Authority without the previous sanction of the Government.
(2) The Authority may, in consultation with
the Finance Department, Government of the Gilgit Baltistan, borrow money or
raise funds by issuing bonds or debentures or otherwise for currying out the
purposes of this Act at such rate of interest as may be approved by the
Government.
22. Power to levy betterment fee.—Where any new scheme has been executed by the
Authority by providing services or amenities in any locality, the Authority
may, with the previous consent of Government, levy upon the owner of the
property or any person having an interest therein, a betterment fee on account
of the execution of the scheme.
23. Assessment of betterment fee.—(1) When it appears to the Authority that any
particular development scheme is sufficiently advanced to enable the amount of
the betterment fee to be determined, the Authority may, by an order made in
this behalf, declare that for the purpose of determining the betterment fee,
the execution of the scheme shall be deemed to have been completed and shall,
thereupon give notice in writing to the owner of the property or any person
having an interest therein, that the Authority proposes to assess the amount of
the betterment fee in respect of the property under Section 22.
(2) The betterment fee under Section 22 or under
sub-section (1) of this section, shall be assessed and be payable in the manner
prescribed.
CHAPTER-VI
ACQUISITION
ACQUISITION
24. Liability to acquisition.—Notwithstanding anything to the contrary
contained in the Land Acquisition Act, 1894, all land within the area shall be
liable to acquisition at any time in accordance with the provisions of this
Chapter.
CHAPTER-VII
FINANCE, ACCOUNTS AND AUDIT
FINANCE, ACCOUNTS AND AUDIT
25. Authority Fund.—(1) There shall be formed a fund to be known as
the "Authority Fund" which shall vest in the Authority and shall be
utilized by the Authority in connection with its functions under this Act
including the payment of salaries and remunerations to the members, officers,
servants, experts and consultants of the Authority.
(2) To
the credit of the Authority Fund, shall be credited—
(a) all
moneys received from Government;
(b) all
moneys received from Federal Government or any international agency or any
other body by way of grants, loans, advances or otherwise;
(c) all
fees, rates and charges received by the Authority under this Act;
(d) all
moneys received by the Authority from the disposal of lands, buildings and
other properties movable and immovable;
(e) proceeds
from the self financing schemes of urban development and environmental
sanitation; and
(f) all
other sums receivable by the Authority.
(3) The
Authority may keep in current account of any scheduled bunk such sums as may be
prescribed and any amount in excess of the said amount shall be invested in
Government securities, Government sponsored saving schemes or in such manner as
may be determined by the Government.
Explanation.—For the purpose of this sub-section
Government, includes Federal Government.
26. Rates and fees.—(1) With the previous consent of the Government,
adequate funds may be raised by the Authority from time to time, to meet the
cost of its schemes by imposing rates, fees and other charges.
(2) The
rates, fees and other charges for water supply, sewerage and drainage schemes
shall be such as to provide sufficient revenues—
(a) to
cover the operating expenses including taxes, if any, and interest to provide
adequate maintenance;
(b) to
cover repayment of loans; and
(c) to
finance the normal year to year extension of any of such schemes and to provide
a reasonable portion of the cost of future major expansion of such schemes.
27. Accounts.—The Authority and its agencies shall maintain
proper accounts and other relevant records and prepare annual statement of
accounts in such form as may be prescribed.
28. Budget.—(1) The Authority shall, at such time as may be prescribed, prepare an
annual budget statement for the next financial year, showing the estimated
receipts and expenditures of the Authority and its agencies and shall submit
the same to the Government for approval.
(2) The
Authority shall obtain specific sanction of the Government in respect of each
individual scheme to be financed out of the Authority's Fund.
29. Audit.—The accounts of the Authority and each of its agencies shall be audited
annually by such duly qualified Auditors or Government Audit Agencies or both
as may be appointed by the Authority and each agency respectively, with the
approval of Government. The Authority shall also make necessary arrangements
for pre-audit or concurrent audit of account.
CHAPTER-VIII
PENALTY AND PROCEDURE
PENALTY AND PROCEDURE
30. Penalty and procedure.—Whoever contravenes any provision of this
Act, or any rules or regulations made there under shall, if no other penalty is
provided for such contravention, be punishable with simple imprisonment for a term
which may extend to one month or with fine or with both.
31. Causing damage to property and disobedience
of orders.—(1) Whoever
willfully causes damage, or allows damage to be caused to any property which
vests in the Authority or unlawfully converts it to his own or any other
person's use, shall be punishable with imprisonment for a term which may extend
to six months, or with fine or with both.
(2) Whoever
refuses or willfully neglects to provide any officer or servant of the
Authority with the means necessary for entering into any premises for the
purpose of collecting any information or making an examination or enquiry in
relation to any water works, shall be punishable with imprisonment extending to
one year or fine or with both.
(3) Whoever
without lawful excuse, fails or refuses to comply with any direction or order
issued by the Authority under this Act, shall be guilty of an offence
punishable under Section 30.
(4) Whoever
attempts to commit or abets the commission of an offence punishable under this
Act, shall be deemed to have committed that offence.
(5) Any
magistrate empowered for the time being to try in a summary way the offence
specified in sub-section (1) of Section 260 of the Code of Criminal Procedure,
1898, may if such magistrate thinks fit, on application being made in this
behalf by the prosecution, try an offence punishable under this Act, in
accordance with the provisions contained in Sections 202 to 265 of the said Code.
32. Cognizance of offence by Courts.—No Court shall take cognizance of any offence
punishable under this Act, except on a complaint in writing made by an officer
authorized for the purpose, by the Authority.
CHAPTER-IX
MISCELLANEOUS
MISCELLANEOUS
33. Annual report.—(1) The Authority shall prepare for every
year a report of its activities during that year and submit the report to the
Government in such form and on or before such date, as may be prescribed.
(2) The
report referred to in sub-section (1) shall be laid before the Gilgit Baltistan
Legislative Assembly within six months of its receipt by the Government.
34. Recovery of dues.—Any sum due to the Authority from, or any sum
wrongly paid by the Authority to, any person under this Act, shall be recoverable
as arrears of land revenue.
35. Conversion of property to a different use.—Any conversion of property
to a different use or purpose than the one provided under a scheme, by a person
or agency without the previous approval of the Authority in writing, shall be
punishable with a fine which may extend to rupees one thousand per day from the
date of its conversion till default continues or with imprisonment for a term which
may extend to six months or with both.
36. Summary ejectment of unauthorised occupants.—The Authority or any person
authorised by it in this behalf may, after giving fifteen days notice,
summarily eject any person in unauthorised occupation of any land or property
vested in the Authority and may for such ejectment use such force as may be
necessary.
37. Removal of building etc. erected or used in
contravention of this Act.—(1)
If any building, structure, work or land is erected, constructed or used in
contravention of the provisions of this Act or any rules, regulations or orders
made there under, the Authority or any person authorised by it in this behalf,
may, by order in writing, require the owner, occupier, user or person in control
of such building, structure, work or land to remove, demolish or alter the building,
structure or work or to use it in such manner so as to bring such erection,
construction or use in accordance with the said provisions of this Act.
(2) If
an order under sub-section (1), in respect of any building, structure, work or
land is not complied with within such time, as may be specified therein, the
Authority or any person authorised by it in this behalf may, after giving the
person affected by the order an opportunity of being heard, remove, demolish or
alter the building, structure or work, or stop the use of the land and in so
doing, may use such force as may be necessary and may also recover the cost
thereof from the person responsible for the erection, construction or use of
the building, structure, work or land in contravention of the provisions us
aforesaid.
38. Members, officers and employees to be
public servants.—The Chairman,
Vice Chairmen, members, Director-General, officers, servants, experts and
consultants of the Authority when acting or purporting to act in pursuance of
any of the provisions of this Act, be deemed to be public servants within the
meaning of Section 21 of the Pakistan Penal Code.
39. Immunity of the Authority and its
employees.—No suit, prosecution
or any other legal proceedings shall lie against the Authority, the Chairman,
Vice Chairmen, Director-General, any member, officer, servant, expert or
consultant of the Authority in respect of anything done or intended to be done
in good faith under this Act.
40. Jurisdiction of Courts barred.—Save as otherwise provided by this Act, no Court
or other Authority, shall have jurisdiction to question the legality of
anything done or any action taken under this Act by or at the instance of the
Authority.
41. Power to make rules.—Subject to the provisions of this Act, Government
may make rules for carrying into effect the purposes of this Act.
42. Power to make regulations.—Subject to the provisions of this Act and the
rules framed there under, the Authority may make regulations as may be
necessary to carry out the purposes of this Act.
43. This Act to prevail over other laws.—Subject to the Gilgit Baltistan Empowerment
and Self Governance Order, 2009, in the event of any conflict or inconsistency
between the provisions of this Act and the provisions of any other law for the
time being in force, the provisions of this Act shall, to the extent of such
conflict or in consistency, prevail.
--------------------------
GILGIT ACT NO. I OF 2012
GILGIT-BALTISTAN SPORTS BOARD ACT, 2012
An Act to develop, regulate and control
sports in Gilgit-Baltistan
[Gazette of Pakistan, Extraordinary, Part-I, 6th June, 2012]
WHEREAS, it is expedient to establishment of
a Sports Board in Gilgit-Baltistan for promotion of Sports activities in the
province.
It is, hereby enacted as follow:-
1. Short title, extent and commencement.--(1) This Act shall be called the
Gilgit-Baltistan Sports Board Act, 2012 (Act No. I of 2012).
(2) It
extends to the whole of Gilgit-Baltistan.
(3) It
shall come into force at once.
CHAPTER-I
2. Definitions.—In this Act, unless there is anything
repugnant in the subject or context:-
(a) "Board"
means the Gilgit-Baltistan Sports Board established under Section 3 of this
Act.
(b) "Association"
means an association of any sports or game formed under Section 10 of this Act.
(c) "Bye-laws"
mean the Bye-Laws of an association.
(d) "Chairman"
means the Chairman of the Board.
(e) "District
Committee" means the District Committee of the Board.
(f) "Divisional
Committee" means the Divisional Committee of the Board.
(g) "Executive
Committee" means the Executive Committee of the Board.
(h) "Funds"
means the fund of the Gilgit-Baltistan Sports Beard.
(i) “Government"
means the Government of Gilgit-Baltistan.
(j) "Meeting"
means meeting of the Board.
(k) "Member"
means the member of the Board.
(l) "Regulation"
means the regulation made by the Board under this Act.
(m) "Rules"
means the rules made under this Act.
(n) "Secretary"
means the Secretary of the Board.
(o) "Prescribed"
means prescribed by rules made under this Act.
(p) “Sports" shall include,
Hockey, Football, Athletics, Wrestling, Cricket, Weightlifting, Squash,
Swimming, Martial Arts, Rowing, Boxing, Cycling, Basketball, Netball, Baseball,
Golf, Volleyball, Shooting Ball, Rifle Shooting, Table Tennis, Badminton, Lawn
Tennis, Rafting, Hiking, Paragliding, Polo, Kabaddi, Rugby, Body Building,
Skiing Mountaineering, Billiard, Snooker, Futsal, Fist Ball, Tug of War and
other local games which the Government may be notification in the official
gazette, specify.
CHAPTER-II
THE BOARD
THE BOARD
3. Board.—(1) There shall be a board to be known as the Gilgit-Baltistan Sports
Board.
(2) The
Board shall be a body corporate having perpetual succession and a common seal
with powers, subject to the provision of this Act, to acquire and hold property
both moveable and immoveable, and may by the said name sue and be sued. The
tenure of the Board shall be two years after expiry of the tenure the Governor
shall re-constitute the Board.
(3) The
headquarters of the Board shall be at Gilgit or such other place as Government
may fix by notification.
4. Composition of the Board.—(1) The Governor Gilgit-Baltistan shall be
Chief Patron of the Board. The Board shall consist of the following:-
(a) Minister
for Sports Gilgit-Baltistan Chairman
(b) Chief
Secretary Gilgit-Baltistan Vice
Chairman
(c) Secretary
Sports Gilgit-Baltistan Member
(d) Secretary
Finance Gilgit-Baltistan Member
(e) Secretary
Local Government
Gilgit-Baltistan Member
Gilgit-Baltistan Member
(f) Secretary
Planning and Development
Gilgit-Baltistan Member
Gilgit-Baltistan Member
(g) Secretary
Education Gilgit-Baltistan Member
(h) Three
elected Public representatives
of (GBLA) to be nominated by
Chief Minister Member
of (GBLA) to be nominated by
Chief Minister Member
(i) Three Seniors representatives of
Sports Associations to be nominated
by the Secretary Sports Gilgit-Baltistan
in consultation with the Chairman. Member
Sports Associations to be nominated
by the Secretary Sports Gilgit-Baltistan
in consultation with the Chairman. Member
(j) Two representatives of Women Sports
Associations to be nominated by the
Secretary Sports Member
Associations to be nominated by the
Secretary Sports Member
(k) Director General Gilgit-Baltistan
Sports Board Secretary
Sports Board Secretary
(l) Two leading Sportsmen to be nominated
by the Secretary Sports Gilgit-Baltistan Member
by the Secretary Sports Gilgit-Baltistan Member
(m) Two Philanthropists to be nominated
by the Secretary Sports Gilgit-Baltistan
in consultation with the Chairman Member
by the Secretary Sports Gilgit-Baltistan
in consultation with the Chairman Member
(2) An
official member appointed by virtue of his office shall cease to be member on
vacating such office.
(3) A
non-official member shall, unless he resigns by addressing a letter to Chairman
of the Board or is removed earlier, hold office for a period of two years and
shall be eligible for re-appointment for a term not exceeding one year.
(4) If
the seat of a non-official member becomes vacant during the term of his office,
the vacancy may be filled in accordance with the provisions of sub-section (1),
and the member so appointed shall hold office for the residue of such term.
5. Removal of a Member of the Board.—The committee may, by order in writing,
remove a non-official member, if he:-
(a) Refuses
or fails to discharge or becomes incapable of discharging his duties under this
Act.
(b) Has
in the opinion of the board abused his position as member.
(c) Has
without reasonable cause, absented himself from three consecutive meetings of
the Board.
(d) Has
been convicted of an offence involving moral turpitude.
6. Functions of the Board.—The following shall be the functions of the
Board namely:-
(i) To
organize, promote and develop sports and physical education in
Gilgit-Baltistan, and lay down the general policy thereof.
(ii) To
foster love and enthusiasm for sports and games among all Sections of the
public.
(iii) To
promote the formation and efficient functioning of the associations.
(iv) To
co-ordinate, encourage and patronize the activities directed towards the sports
and games in the Gilgit-Baltistan.
(v) To
register sports associations, other sports organizations, Gilgit-Baltistan
Olympic association and hold their elections.
(vi) To
receive any moneys, financial grants, donations or subscriptions from any
person, body or organization.
(vii) To
give grants in aid to the associations for promotion and development of Sports
and games.
(viii) To
ensure that grants given are utilized for the purpose and accordance with the
object for which they are given.
(ix) To
do generally all-such acts and things as it may think to be necessary and
conducive to achieve its aims and objects.
(x) To
arrange training and coaching programs.
(xi) To
approve annual budget for Gilgit-Baltistan Sports Board.
(xii) To
promote formation and efficient functioning of the association/Gilgit-Baltistan
Olympic Association.
(xiii) To
ensure control establishment and maintenance of sports complex/stadia,
gymnasiums at provincial and district headquarters of Gilgit-Baltistan.
(xiv) To
exercise overall administrative and functional control on all sports complex,
stadia and play fields in Gilgit-Baltistan and to ensure their proper
maintenance and utilization.
(xv) To
organize annual youth programs, sports competitions of various age groups in
different games.
(xvi) To
do all such acts and take such steps as the Board considers necessary to
fulfill its intended aims and objectives,
7. Powers of the Board.—Subject to other provisions of this Act, the
Board shall have full powers:-
(1) To
acquire and dispose of property and generally to enter into contracts, inconformity
with the provisions of this Act.
(2) To
appoint and determine the terms and conditions of service of the officers and
servants of the Board.
(3) To
formulate the budget of the Board for approval of Government.
(4) To
set up an Executive, Division, District or other committees for carrying out
the purposes of this Act.
(5) to
delegate powers to the Committees, Secretary or other officers and servants of
the Board.
(6) To
associate any person interested in any sport or game, or any member of any
association whose assistance or advice is desired and to prescribe by
regulations terms and conditions thereof; and
(7) To
frame, subject to the approval of Government, regulations for carrying out the
purposes of this Act.
8. The Board shall have full Powers.—To register/formation of sports associations/other
sports organizations and Gilgit-Baltistan Olympic Association on such terms and
conditions as may be prescribed under rules and regulations:-
(i) To
take such disciplinary action as may be necessary against any sports
association in Gilgit-Baltistan, its office bearers or members or
clubs/sportsmen in the interest of the sports and in order to maintain
discipline.
(ii) To
withhold grant to such association/organization that violates any provision of
its constitution, rules or bye-laws, or fails to carry out the directives of
the Board.
9. Executive Authority of the Board.--There shall be an executive authority of the
Board constituted through official notification comprising of the following:-
CHAPTER-III
THE COMMITTEES AND ASSOCIATIONS
THE COMMITTEES AND ASSOCIATIONS
10. The
Executive Committee shall consist of the Chairman, Vice-Chairman, Secretary
Sports Gilgit-Baltistan, Secretary Finance, Secretary Education, Secretary P
& D, Director Sports Board / Secretary of the Board, one elected-representative
of GBLA to be nominated by Chief Minister Gilgit-Battistan. Two representatives
of sports associations to be nominated by the Secretary Sports Gilgit-Baltistan,
one representative of women sports associations to be nominated by Secretary
Sports Gilgit-Baltistan, in consultation with the Chairman.
11. Divisional Sports Committee.—There shall be Divisional Sports Committees
which shall consist of the following:-
(a) Commissioner of the
Division Member
(b) DIG Police of the Division Member
(c) Director LG of the
Division Member
(d) Director Education Member
(e) A woman member shall be
nominated
by the Chairman Member
by the Chairman Member
(f) One non-official member nominated
by the Chairman from each District
of the Division. Member
by the Chairman from each District
of the Division. Member
(g) One representative of each five
Sports Organization of the Division
to be appointed by the Chairman for
a period of two years. Member
Sports Organization of the Division
to be appointed by the Chairman for
a period of two years. Member
(h) Two Principals of the Colleges
one man and one female until the
creation of the post Divisional Sports
Officer the Director LG & RD of the
Division shall act as Secretary of
the Division. Member
one man and one female until the
creation of the post Divisional Sports
Officer the Director LG & RD of the
Division shall act as Secretary of
the Division. Member
12. Powers and Functions.—The Committee shall have the powers to:--
(i) Register
the division sports organizations subject to such terms and conditions as may
be prescribed.
(ii) To
make grants-in-aid to such sports organizations as are registered with the
Divisional Committee and the District Committees in the Division.
(iii) Take
such disciplinary action as may be necessary against any sports organization of
the division, its office bearers, or members as it deems fit in the interest of
the games and in order to maintain discipline.
(iv) Collect
sports share in the income of the Local Councils in accordance with policy
instructions of the Government.
(v) See
and ensure that the funds of the Division Sports Committee and its sub-ordinate
organizations at district level are utilized exclusively for organization and
promotion of sports and for no other purposes.
13. The
fund of Divisional Sport Committee shall include:-
(a) Annual
grants-in-aid from the Board.
(b) Special
grant-in-aid from the Board.
(c) Donation,
etc.
(d) Income
from tournaments, matches, camps, stadia and other properties.
14. The
Chairman, Divisional Sport Committee shall have the power to incur expenditure
on sports in the Division in line with the policy and objectives laid down by
the Board subject to such limits as may be prescribed.
15. The
accounts of the Division Sports Committee shall be got audited in such a manner
as may be prescribed.
16. A
meeting of the Divisional Committee shall be held not less than once in six
months. The Chairman shall, however, be competent to call additional meetings of
the Committee.
17. For
the meeting of the Committee, at least 1/3rd of the total membership shall form
the quorum.
18. District Sports Committees.—There shall be District a District Sports
Committee consisting of:-
(a) Deputy Commissioner of the District Chairman
(b) Four/five elected Members of Local
Council to be nominated by the Chairman
for a period of 2 years. Member
Council to be nominated by the Chairman
for a period of 2 years. Member
(c) Superintendent of Police of the District Member
(d) Assistant Director, of Local Government Member
(e) District Education Officer (Male) Member
(f) District Education Officer (Female) Member
(g) Five non-official members to be
nominated by the Deputy Commissioner
with at least one from each Tehsil Member
nominated by the Deputy Commissioner
with at least one from each Tehsil Member
(h) Three representatives of District Sports
Associations to be appointed in rotation
for a period of two years. Member
Associations to be appointed in rotation
for a period of two years. Member
(i) Two philanthropists/industrialists to
be nominated by the Chairman for a
period of two years Member
be nominated by the Chairman for a
period of two years Member
(j) Three female members to represent
women sports to be nominated by the
Chairman for a period of two years Member
women sports to be nominated by the
Chairman for a period of two years Member
(k) One Principal Member
(l) One Headmaster Member
(m) District Sports Organizers Ex-officio Secretary
19. Powers and Functions.—The Committee shall have the powers to:-
(i) Register
District Sports Organizations and Clubs on such terms and condition as may be
prescribed.
(ii) Make
grants-in-aid to such sports organizations as are registered with the District
Committees.
(iii) Take
such disciplinary action as may be necessary against any District Organization
and club in the District, its office bearers, or individuals interest of the
game and in order to maintain discipline.
(iv) The
grants sanctioned by the Chairman and expenditure incurred by him to be placed
before the District Committee in its next meeting for approval.
20. (i) The accounts of the district Committee
shall be audited in such manner as may be prescribed.
(ii) The Chairman shall have the powers to
sanction funds and incur expenditure for organization and promotion of sports
in the district subject to such as may be prescribed.
(iii) Collect share in the income of the Local
Councils in accordance with instructions of the Government.
(iv) The fund of District Sports Committee shall
include:-
(a) Annual grant-in-aid from the Board.
(b) Special grants-in-aid from the Board.
(c) Donations.
(d) Income from tournaments, matches, camps,
stadia, local councils and properties.
21. The
Committee shall meet at least once in six months. For a meeting, 1/3rd of the
membership of the Committee shall form the quorum. The Chairman may, however,
call additional meetings of the District committee as he may deem it necessary.
22. Registration.--The Provincial Sports Association shall be
registered with the Sports Board Gilgit-Baltistan subject to such terms and
conditions as may be prescribed under rules and regulations:
Provided that any other sports organization
in the Province may be registered with the Board subject to such conditions as
the Board Rules and Regulations may prescribe.
23. The
Divisional Sports Organizations shall be registered with the Divisional Sports
Committees subject to such terms and conditions as may be prescribed under
Rules and Regulations.
24. The
District Sport Organizations and clubs shall be registered with the District
Sports Committee subject to such terms and conditions as may be prescribed through
Rules and Regulations.
25. Penalties.—Wherever a Provincial Sports Association,
Divisional, District, Sports Organization or a club is found to violate its
constitution, Rules/Bye-Laws, the Board, Divisional, District, Committee, as
the case may be, shall be competent to cancel the registration shall be made
without giving the Association, Organization, Club, an opportunity of being
heard:
Provided further that an appeal against an
order of cancellation under this clause shall lie with the Board.
26. Funds, Accounts and Audit.—(1) There shall be a fund known as the Sports
Board Gilgit-Baltistan Fund.
(2) The
fund shall consist of:-
(a) The
grants made by Government.
(b) Donations
made by any person, institution or organization.
(c) Income
accruing from any property of the Board with the prior approval of the
Government; and
(3) The
Board shall utilize the funds provided by the Government as grants-in-aid for
the promotion and development of sports and games in the Province.
(4) The
funds of the Board shall be maintained in such manner as prescribed by the
Government in this behalf.
(5) The
fund shall be utilized for encouragement and furtherance of games, sports and
any other purpose incidental or ancillary to the purposes of this constitution.
27. The
accounts of the Board shall be audited once in every financial year by the
Accountant General Gilgit-Baltistan or his nominee.
28. The
audit report shall be submitted to the Board and with the comments of the Board
to Government, and the Board shall comply with any directions issued by the
Government for rectification of an audit objection.
29. (1)
The Secretary of the Board shall prepare the annual budget for the utilization
of the funds to be approved by the Board in its meeting.
(2) The
Board shall have full powers to incur expenditure.
(3) The
executive committee shall have full powers to incur expenditure within the
approved budget.
(4) The
Chairman of the Board shall have such powers to sanction and incur expenditure
as the Board may delegate with the prior approval of the Government.
(5) The
sanction of various grants-in-aid accorded by the Chairman shall be placed
before the Board in its next meeting for approval.
(6) The
Secretary of the Board shall have full powers to incur expenditure on the items
approved in the budget of the board.
30. The accounts of the
Board shall be operated by the Secretary of the Board.
31. General
Provision.--Government
may give such directions to the Board or require it to furnish such documents,
returns, statements or any other information regarding any matter under the
control of the Board, and the Board shall comply with such direction or
requisition.
32. The Chairmen and
the Secretaries of the Board, Divisional and District Committees shall exercise
such powers and perform such functions as may be prescribed through Rules and
Regulations.
33. The Board may,
subject to the approval of the Government, frame Rules and Regulations not
inconsistent with the provision of this constitution to manage and run the
affairs of the Board.
----------------------------
GILGIT ACT NO. II OF 2012
AUDITOR-GENERAL OF GILGIT-BALTISTAN (FUNCTIONS, POWERS
AND TERMS AND CONDITIONS OF SERVICE) ACT, 2012
An Act to determine the terms and conditions
of service of the Auditor-General of Gilgit-Baltistan
[Gazette of Pakistan, Extraordinary, Part-I, 6th June, 2012]
WHEREAS it is expedient to determine the
terms and conditions of service, the term of office, powers and functions of
the Auditor-General of Gilgit-Baltistan and for matters ancillary thereto;
It is hereby enacted as follows:-
1. Short title, extent and commencement.—(1) This Act may be called the
Auditor-General of Gilgit-Baltistan (Functions, Powers and Terms and Conditions
of Service) Act, 2012.
(2) It
extends to the whole of Gilgit-Baltistan.
(3) It
shall come into force at once.
2. Definitions.—In this Act, unless there is anything
repugnant in the subject or context,—
(a) "accounts"
in relation to commercial undertaking of Government or the Council includes
trading, manufacturing and profit and loss accounts and balance sheets and
other subsidiary accounts;
(b) "Auditor-General"
means the Auditor-General of Gilgit-Baltistan appointed in terms of Article 83
of the Order;
(c) "Chairman"
means the Chairman of the Gilgit-Baltistan Council;
(d) "Controller
General of Accounts" means the Controller General of Gilgit-Baltistan
appointed under the Gilgit-Baltistan Controller General of Accounts
(Appointment, Functions and Powers) Act, 2012;
(e) "Council"
means the Gilgit-Baltistan Council;
(f) "district"
means a district of the Gilgit-Baltistan;
(g) "Order"
means the Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009;
(h) "Government"
means the Government of Gilgit-Baltistan;
(i) "Regulations"
means regulations made under this Act;
(j) "Rules"
means rules made under this Act.
3. Salary.—The Auditor-General shall be entitled to the
salary payable to an officer in Basic Pay Scale 22:
Provide that, if the person who is appointed
as Auditor-General is the Auditor-General of Pakistan, he shall not be paid any
salary.
4. Term of Office.—The Auditor-General shall, unless he sooner
resigns or is removed from office in accordance with the Order, hold office for
a fixed term of five years from the date on which he assumes such office or he
attains the age of sixty-five years whichever is earlier:
Provided that, if the person who is appointed
as Auditor-General is the Auditor-General of Pakistan, he shall continue as
Auditor-General for so long as he holds the office of Auditor-General of
Pakistan.
5. Other conditions of service.—The terms and conditions of the Auditor-General,
including leave, travelling allowance, daily allowance and pension shall be the
same as are admissible to an officer in Basic Pay Scale 22:
Provided that a person who is in the service
of Pakistan
shall, on his appointment as Auditor-General, continue to be governed by the
same terms and conditions in respect of leave, travelling allowance, daily
allowance and pension to which he was entitled before such appointment.
6. Resignation.—The Auditor-General may, at any time, by
writing under his hand addressed to the Chairman of Council resign his office.
7. Leave.—(1) the Auditor-General may be granted leave on such terms and
conditions as the Chairman of Council may, by order published in the official Gazette,
prescribe.
(2) The
power to grant or refuse leave to the Auditor-General, and to revoke, or
curtail leave granted to him shall vest in the Chairman of Council.
8. Auditor-General to certify accounts.—The Auditor-General shall, on the basis of
such audit as he may consider appropriate and necessary, certify the accounts,
compiled and prepared by the Controller General of Accounts or any other person
authorized in that behalf, for each financial year, showing under the respective
heads the annual receipts and disbursements for the purpose of the Council and
of each district of Gilgit-Baltistan, and shall submit the certified accounts
with such notes, comments or recommendations as he may consider necessary to
the Chairman or the designated district authority, as the case may be.
9. Provisions relating to audit.—The Auditor-General shall—
(a) audit
all expenditure from the Consolidated Fund of the Council and of the Government
and to ascertain whether the moneys shown in the accounts as having been
disbursed were legally available for, and applicable to, the service or purpose
to which they have been applied or charged and whether the expenditure conforms
to the authority which governs it;
(b) audit
all transactions of the Council and of the Government relating to Public
Accounts;
(c) audit
all trading, manufacturing, profit and loss accounts and balance sheets and
other subsidiary accounts kept by Order of the Chairman or the Government
Department and;
(d) audit,
subject to the provisions of this Act, the accounts of any authority or body
established by the Council or the Government, and in each case to report on the
expenditure, transactions or accounts so audited by him.
10. Audit of receipts and expenditure of
holders of authorities substantially financed by loans and grants.—(1) Where anybody or authority is substantially
financed by loans or grants from Consolidated Fund of the Council or of the
Government or of any district, the Auditor-General shall, subject to the provisions
of any law for the time being in force applicable to the body or authority, as
the case may be, audit the accounts of that body or authority.
Explanation.--Where the loans or grants to a body or
authority from the Consolidated Fund of the Council or of the Government or of
any district in a financial year is not less than five million rupees and the
amount of such grant or loan is not less than fifty percent of the total
expenditure of that body or authority, such body or authority shall be, deemed,
for the purpose of this section, to be substantially financed by such loans or
grants as the case may be.
11. Auditor-General to give information and
undertake studies, etc.—The
Auditor-General shall, insofar as the accounts enable him so to do, give to the
Council or the Government, as the case may be, such information and to
undertake such studies and analysis as it may, from time to time, require.
12. Functions of Auditor-General in the case of
grants or loans given to other authorities or bodies.—(1) Where any grant or loan is given for any specific
purpose from the Consolidated Fund of the Council or of the Government or of
any district to any authority or body, not being a foreign state or international
organization, the Auditor-General may scrutinize the accounts by which the
sanctioning authority satisfies itself as to fulfillment of the conditions
subject to which such grants or loans were given and for this purpose have the
right of access, after giving reasonable previous notice, to the books and
accounts of that authority or body:
Provided that the Chairman, or the authority
of a district, as the case may be, is of the opinion that it is not necessary
to do so in the public interest.
(2) While exercising the powers conferred on
him by sub-section (1), the Auditor-General shall not have right of access to
the books and accounts of any authority or body if the law, by or under which
such authority or body has been established, provides for the audit or the
accounts of such authority or body by an agency other than the Auditor-General.
13. Audit of receipts of the Council or the
Government or of district.—The
Auditor-General shall audit all receipts which are payable into the Consolidated
Fund or Public Account of the Council, of the Government and of each district
and of satisfy himself that all such receipts are payable into the Consolidated
Fund, Public Account or any district account have been properly and correctly deposited
and rules and procedures relating to which receipts are being fully observed and
the systems are in place to ensure proper assessment and collection of Government
receipts.
14. Audit on accounts of stores and stock.—The Auditor-General shall have authority to
audit and reports on the accounts of stores and stock kept in any office or
department of the Council or of the Government or of a district.
15. Powers of Auditor-General in connection
with audit of accounts.—(1)
The Auditor-General shall, in connection with the performance of his duties
under this Act, have authority to,—
(a) inspect
any office of accounts, under the control of the Council or of the Government
or of a district, including treasuries, and such offices responsible for the
keeping of initial or subsidiary accounts;
(b) require
that any accounts, books, papers, and other documents which deal with, or form
the basis of or otherwise relevant to the transactions to which his duties in
respect of audit extend, shall be sent to such place as he may direct for his
inspection; and
(c) enquire
or make such observations as he may consider necessary and to call for such
information as he may require for the purpose of the audit.
(2) The
officer-in-charge of any office or department shall afford all facilities and
provide record for audit inspection and comply with requests for information in
a complete form as possible and with all reasonable expedition.
(3) Any
person or authority hindering the auditorial functions of the Auditor-General
regarding inspection of accounts shall be subject to disciplinary action under
relevant efficiency and discipline rules, applicable to such person.
16. Audit of companies and corporations
established in the public sector.—(1) The Auditor-General shall perform functions and exercise powers in relation
to the audit including supplementary audit of the accounts of the public sector
companies in accordance with the provisions of the Companies Ordinance, 1984
(XLVII of 1984).
(2) The
duties and powers of the Auditor-General in relation to the audit of the
accounts of corporations (not being companies) established by, or under, law shall
be performed and exercised by him in accordance with the provisions of the respective
laws.
(3) The
Chairman, or the district authority may, where he is of opinion that it is
necessary in the public interest so to do, request the Auditor-General to audit
the accounts of a corporation established under any law and where such request has
been made, the Auditor-General shall audit the accounts of such corporation and
shall have, for the purposes of such audit, right of access to the books and accounts
of such corporation.
17. Audit of accounts of certain authorities or
bodies.—Save as otherwise
provided, in Section 12 where the audit of the accounts of any body or authority
has not been entrusted to the Auditor-General by or under any law, shall, if requested
so to do by the Chairman, undertake the audit of the Accounts of such body or
authority and shall have, for the purposes of such audit, right of access to the
books and accounts of that body or authority.
18. Power to dispense with detailed audit.—The Auditor-General may dispense with, when
circumstances so warrant, any part of detailed audit or any accounts or of
transactions and to apply such limited check in relation to such accounts or
transactions as he may determine.
19. Delegation of powers.—Any power exercisable by the Auditor-General
under the provision of this Act, or any other law may be exercised by such officer
of his department as may be authorized by him in this behalf by a special order.
20. Certain offices to work under the control
of Auditor-General.—(1) The
Auditor-General shall have such offices at the Council and the Government as
may be notified for this purpose in the Council and the Government.
(2) Until
such time the offices of the Auditor-General specified in sub-section (1) are
notified the following audit organizations will be created and shall work under
the Auditor-General, namely:-
(a) Director General Audit
(Expenditure) Gilgit-Baltistan and its Sub-Offices.
(i) Director Commercial Audit
Gilgit-Baltistan; and
(ii) Director Audit (Revenue Receipts)
Gilgit-Baltistan; and
(b) Any
other office required to be created for audit purposes.
(3) The
Auditor-General, with the consent of the Council, shall be the Administrative
Head of all the offices subordinate to him with full authority for transfer and
posting within the organization.
21. Budgetary provisions.—The Auditor-General shall have the full power
to incur expenditure within the budgetary provisions.
22. Power to make rules.—The Council may, by notification in the official
Gazette, make rules for carrying out the purpose of this Act.
23. Power to make regulations.—The Auditor-General may, with the consent of
the Council, by notification in the official Gazette, make such regulations, not
inconsistent with the provisions of this Act and the rules made there under as
he may consider necessary or expedient for carrying out the purpose of this
act.
Passed by the Gilgit-Baltistan Council on the 21st March, 2012.
-----------------------
GILGIT ACT NO. II OF 2012
GILGIT-BALTISTAN EMERGENCY SERVICE
ACT, 2012
ACT, 2012
An Act for the establishment of the
Gilgit-Baltistan Emergency Service to deal with emergencies
[Gazette of Pakistan,
Extraordinary, Part-I, 6th
June, 2012]
Preamble.—WHEREAS it is expedient to establish an
Emergency Service for the purpose of maintaining a state of preparedness to
deal with emergencies, to provide timely response, rescue and emergency medical
treatment to the persons affected by emergencies and recommending measures to
be taken by related organizations to avoid emergencies;
It is, hereby enacted as follow:--
1. Short title, extent and commencement.—(1) This Act shall be called the
Gilgit-Baltistan Emergency Service Act, 2012 (Act No. II of 2012)
(2) It
extends to the whole of the Gilgit-Baltistan.
(3) It
shall come into force at once.
2. Definitions.—In this Act unless there is anything
repugnant to the subject or context—
(a) "Board"
means the District Emergency Board constituted under Section 8;
(b) "Council"
means the Gilgit-Baltistan Emergency Council established under Section 6;
(c) "Director"
mean the person appointed under Section 10;
(d) "Director
General" means the person appointed under Section 9;
(e) "District"
means a District as notified by the Government;
(f) "District
Emergency Officer" means the Emergency Officer-in-charge of the service in
a District;
(g) "Emergency"
means a serious and potentially dangerous situation requiring immediate action
such as an accident, hazardous material incident, fire, explosion, natural or
man made disaster;
(h) "Emergency
area" means the area affected by an emergency;
(i) "Emergency
Officer" means an officer appointed under Section 12;
(j) "Government"
means the Government of the Gilgit-Baltistan;
(k) "Non-Governmental
Organization" includes any private agency of body working voluntarily for
the welfare of the persons affected by an emergency;
(l) "Premises"
includes land, place, building, vehicle, vessel or aircraft or any part of
premises;
(m) "Rescuer"
means a member of the service appointed under Section 13;
(n) "Rescue
Station" means a place where an office of the service is established;
(o) "Service"
means the Gilgit-Baltistan Emergency Service or the rescue established under Section
4; and
(p) "Volunteer"
means a person who is registered as such by the service or engaged by a rescuer
in emergency area to assist the service in the exercise of its functions under
this Act.
3. Act not in derogation of other laws.—This Act is not in derogation of any other
law applicable in the Province and does not absolve any other person from his
responsibility to take necessary measures to protect and save the lives and properties
of a person in an emergency.
4. Establishment of the Service.—(1) The powers and functions of the service
shall be to—
a. Maintain
a state of preparedness to deal with emergencies;
b. Provide
timely response, rescue and emergency medical treatment to the victims of an
emergency including medical and surgical emergencies;
c. Establish
a system for rapid communication, exchange of information and quick response to
combat or deal with an emergency;
d. Arrange
for a universal toll free emergency dial-in-number as authority to be used
throughout Gilgit-Baltistan;
e. Play
a lead role and co-ordinate the working of other organizations or agencies
which have lawful authority to respond to an emergency;
f. Arrange
transport where necessary for carrying persons requiring emergency medical
treatment from the emergency area to the nearest hospital or health care unit
having arrangements for emergency medical care and treatment;
g. Establish
community emergency response teams through enlistment, training, co-ordination
and supervision of volunteers to assist the service in safety promotion and
management of emergencies;
h. Impart
training and grant certificates to rescuers, volunteers and other private
persons for due performance of emergency management duties;
i. Establish
direct contact with local and international organizations and training
institutions to maintain the service according to international standards;
j. Collect,
compile, maintain and analyze emergency response data and statistics relating
to emergencies and to use it for research and prevention of such emergencies;
k. Implement
the regulations framed by the Council for dealing with emergencies in
accordance with the provisions of this Act;
l. Suggest
measures for the prevention or mitigation of hazards endangering public safety
on roads, public parks and other public places particularly exhibitions, trade
shows, amusement parks, and fairs with regard to public safety provisions;
m. Encourage,
facilitate, and train staff of non-Governmental organizations and educational
institutions for emergency management;
n. Register
and ensure minimum standards and code of conduct to be followed by rescue
vehicles, ambulances and patient transportation services;
o. Co-ordinate
and maintain an effective liaison with all other organizations managing
emergencies;
p. Perform
such other functions as may be assigned to it by the council to achieve the
purposes of this Act; and
q. Perform
functions that are ancillary or incidental to any of the above functions.
(2) The
service shall have the authority to accept donations in the shape of cash,
land, vehicles, equipment and other such items which may facilitate the functioning
of the service and all such donations shall be used, maintained and disposed of
by the service in the manner prescribed in the rules or regulations.
(3) The
service may, with the approval of the council, establish such local or district
offices as may be considered necessary for effective and efficient working of
the service.
6. Gilgit-Baltistan Emergency Council.—(1) There shall be constituted a Council to
be known as the Gilgit-Baltistan Emergency Council comprising of the following:--
(a) Chief Minister of the Gilgit-Baltistan; Chairman
(b) Four Members of the Provincial
Assembly which shall include one
female and one opposition member
to be nominated by the Speaker; Member
Assembly which shall include one
female and one opposition member
to be nominated by the Speaker; Member
(c) Chief Secretary,
Gilgit-Baltistan; Member
(d) Secretary, Health
Department; Member
(e) Secretary, Home
Department; Member
(f) Secretary, Local
Government; Member
(g) Secretary, Transport
Department; Member
(h) Inspector General of
Police; Member
(i) Provincial Environmental Protection
Agency; Member
Agency; Member
(j) Director General Gilgit-Baltistan
Disaster Management Authority; Member
Disaster Management Authority; Member
(k) Director General of the
Service; and Member
(l) Two representatives, one each
from the Government hospitals and
non-Governmental Organizations, to
be nominated by the Government, for
a period of three years. Member
from the Government hospitals and
non-Governmental Organizations, to
be nominated by the Government, for
a period of three years. Member
(2) The
quorum for the meetings of the Council shall be seven.
(3) The
Director General shall be the ex-officio
secretary of the Council.
(4) The
Council shall meet at least once in three months.
(5) The
Council may co-opt or invite any person depending on the requirement of its
meeting.
7. Functions of the Council.—(1) The functions of the Council shall be to—
a. Lay
down the policy and issue directions for efficient, effective and expeditious
actions in dealing with emergencies;
b. Oversee
the working of the Service and the training institutions established or
controlled by the Service;
c. Issue
regulations to prescribe the minimum standards for the officers and staff to
maintain efficiency and effectiveness of the Service;
d. Review
and analyze statistics relating to all emergency incidents, accidents and
disasters and the actions which have been taken by the Service;
e. Approve
the annual budget of the Service;
f. Make
recommendations to the Government for the prevention and mitigation of hazards
endangering public safety; and
g. Determine
the number of rescue stations in different areas and the staff and equipment to
be provided to the Service for achieving the objectives of adequate standards
of emergency care.
(2) The Council may delegate any of its
functions to anybody or authority of the Service.
8. District Emergency Board. (1) The Council may constitute a District
Emergency Board for a district for the prevention and effective management of
emergency in the district.
(2) The
Board shall have such powers and shall perform such functions as may be
assigned to it by the Council.
9. Director General.--(1) The Government shall appoint a director General
who shall be the Chief Executive Officer of the Service and shall exercise such
powers and perform such functions as may be specified by the Council.
(2) The
Director General shall be a person who—
(a) is
a postgraduate in emergency management or an emergency subject or has
specialization in management of trauma or emergency patients or is a medical
postgraduate or qualification as notified by the Government;
(b) has
adequate knowledge, formal training and expertise in the field of emergency
management; and
(c) is
not more than sixty years of age.
(3) The
Director General shall be appointed initially for a period of three years but
the Council may extend his tenure keeping in view his performance and may
remove him before the expiry of his tenure if he is not physically or mentally
fit or is incapable of performing his duties.
(4) The
Director General shall be paid such salary, allowances and other benefits and
shall be subject to such terms and conditions as are laid down in his service
contract.
(5) The
Director General shall be responsible for the day to day administration of the
affairs of the Service and he may, subject to the regulations, appoint, post
and transfer any of the employees working under him in the Service.
(6) The
Director General shall follow and comply with such directions of the Council as
may be given to him in writing in the public interest.
(7) Subject
to the directions of the Council, the Director General may delegate any of his
powers or functions to a Director or to an officer of the Service.
10. Director.—(1) There shall be not more than six
Directors of the Service as may be appointed by the Government.
(2) A
person to be appointed as a Director shall at least hold a masters or postgraduate
degree in the subject related to the nature of his duties in the Service and is
a person who has adequate expertise and experience in any relevant field including
emergency management, law and finance.
(3) The
Directors shall be paid such salary, allowances and other benefits and shall be
subject to such terms and conditions of Service as are laid down by the Council.
11. Appointment of Officers, Servants, etc.—(1) The Service may, from time to time,
employ such officers or servants or appoint such experts or consultants, as it
may consider necessary for the performance of its functions.
(2) All
members of the Service shall be liable to be assigned any emergency duty in
accordance with the need of the time.
(3) The
number and nature of the posts in the Service, necessary criteria and the
manner of appointment thereto shall be determined by the Council and the employees
appointed to these posts shall receive such remuneration allowances and
privileges and shall be subject to such terms and conditions of service as are laid
down by the Council.
(4) In
the performance of their duties and functions, the employees of the Service and
the volunteers shall abide by the directions and instructions of the Director
General.
12. Emergency Officer.—(1) There shall be emergency officers appointed
by the Service to perform the field operations of the Service.
(2) No
person shall be appointed as an emergency officer unless he is—
(a) a
medical graduate or post-graduate in a related science subject or has a
professional degree in a related subject; and
(b) physically
and mentally fit to perform field operations.
(3) One
of the emergency officers in the district shall be selected for appointment as
district emergency officer on the basis of his performance and seniority as
emergency officer.
(4) The
district emergency officers shall be the head of the Service in the district
and shall be assisted by all emergency officers and rescuers in the district.
13. Rescuer.—(1) There shall be rescuers appointed by the Service to perform the
field operations of the Service.
(2) No
person shall be appointed as a rescuer who—
i. is
more than thirty years of age; and
ii. has
not cleared the educational and fitness criteria specified by the Service.
(3) A
rescuer shall perform such field duties and functions as are assigned to him by
the Service.
14. Emergency Service Academy.—(1) The Service, as and when the Government
feels the need, shall establish an emergency Service Academy for the purposes
of running short or long courses with local or international collaboration and
award certificates to successful person.
(2) The Academy may also arrange for the training
of the members of the Service, volunteers and other individuals or workers of
organization, public or private, to be equipped with the knowledge of dealing
with all possible situations relating to prevention and management of
emergencies.
15. Emergency Service Fund.--(1) The Service shall have a Fund comprising
of—
(a) the grant provided by the
Federal and Provincial Governments for the establishment, maintenance and
performance of the Service; and
(b) The donations or
contributions received or generated from private persons or public, local,
foreign or international organizations.
(2) The Fund shall be maintained in a scheduled bank
and shall be operated in accordance with the rules or directions Off the
Council.
(3) The
Fund shall be regularly monitored by the Council and audited in the same manner
as is done in the case, of the funds of other Government Departments.
(4) The
annual audit report of the Fund shall be made available to the general public
and submitted to the Provincial Assembly of the Gilgit-Baltistan.
(5) No
person from the Service shall organize, conduct or take part in any proceedings
for collecting or Soliciting money or property from the public except the person
authorized by the Council and in accordance with such conditions as may be laid
down by the Council.
16. Act in aid of the Service.--(1) Every member of the police force in the
Gilgit-Baltistan and all members of other organizations shall act in aid of the
Service.
(2) The
police acting in aid of the Service shall control and divert the traffic in or
around an emergency area to facilitate and ensure free movement of emergency
rescue vehicles and the persons dealing with an emergency and to prevent within
the emergency area any theft, dacoity or loss of the property of the persons
involved in the emergency.
(3) It
shall be obligatory upon all telecommunication operators, companies, corporations
or other authorities concerned to provide free of cost access to its subscribers
to avail the universal emergency dial-in-number as notified by the Service, without
any prefix or suffix for the whole of the Gilgit-Baltistan.
17. Powers to manage Emergencies.--(1) An emergency officer or a rescuer, in
providing emergency services, may take any reasonable measures to—
(a) protect
persons from any danger or potential danger associated with an emergency
situation;
(b) protect
persons trapped in a vehicle, receptacle, vessel or otherwise endangered; and
(c) protect
themselves or other persons or vehicles from danger, potential danger, assault
or battery from other person.
(2) Without limiting the measures that may be
taken for a purpose specified in clause (a) or (b) of sub-section (1), an
emergency officer or a rescuer may, for that purpose--
(a) enter
any premises, vehicle or vessel;
(b) open
any receptacle, using such force as is reasonably necessary;
(c) bring
any apparatus or equipment onto a premises;
(d) remove
from or otherwise deal with, any article or material in the area;
(e) remove
(wholly or partially) or damage any premises, vehicle, vessel or receptacle;
(f) cause
the gas or electricity supply or motor or any other source of energy to any
premises, vehicle, vessel or receptacle to be shut off or disconnected;
(g) request
any person or organization to take all reasonable measures to assist the
Service; and
(h) administer
such life safety procedures as are consistent with the training and competency
of the emergency officer or rescuer.
(3) Without
limiting the measures that may be taken for a purpose specified in clause (c)
of sub-section (1), a rescuer or an officer authorized by the Service may, for
that purpose, require any person not to enter into or remain within the emergency
area and may use any appropriate public place for emergency warning and refuge
centre or for purposes of community awareness.
(4) No
person shall refuse to comply with the directions of the rescuer or the person
specified in sub-section (2) and if a person or organization does not comply
with such directions, the rescuer or the aforesaid officer may use such force
as is reasonably necessary to ensure compliance.
18. Obstruction or Hindrance.--No person shall willfully obstruct or hinder
the Director General, Director, emergency officer, the rescuer, or any other person
acting with his authority, in the exercise of a function under this Act.
19. Immunity against certain liabilities.—(1) An act or omission committed by an
employee of the Service, or a volunteer, shall not, if committed in good faith
for the purpose of exercising the functions of or assisting the Service, subject
such employee or volunteer personally to any legal action, liability, claim or demand.
(2) All
actions, proceedings and claims against any such employee or a volunteer in
relation to any act done or omitted to be done in good faith, shall be defended
and indemnified by the Service.
(3) Subject
to the rules, any information received by the Service shall be deemed to be the
privileged communication between the informer and the Service:
Provided that the Director General may, in a
special case and by order in writing, waive such privilege.
20. Life Insurance.—All members of the Service shall contribute
to the salary saving life insurance scheme and compensation in case of injury
or death in the line of duty shall be provided by the Service to such extent as
may be prescribed by the Council.
21. Public Servants.—All members of the Service shall be deemed to
be public servants within the meaning of Section 21 of the Pakistan Penal Code,
1860 (Act No. XLV of 1860).
22. Emergency Ambulance and Rescue Vehicles.—(1) No person shall use any vehicle as an
emergency ambulance or rescue vehicle unless it satisfies such requirements as
are laid down by the Service.
(2) Where
a vehicle does not fulfill the requirements laid down by the Service, but is
used as a patient transport vehicle, it shall not use any siren or a Service,
but is used as a patient transport vehicle, it shall not use any siren or a warning
light other than a round yellow warning light,
(3) No
person, other than that belonging to a law enforcing agency, shall use red,
blue or orange light or any siren on his vehicle except where the vehicle satisfies
the requirements prescribed for an emergency ambulance or vehicle.
(4) No
person shall—
(a) use
the words "rescue" or "rescue service" or any other similar
name, title or description without the written authority of the director
General;
(b) falsely
represent that he is associated with the Service unless such an association
exists;
(c) impersonate
as an officer of the Service; or
(d) use
any insignia of the Service in any manner contrary to that approved by the
Director General.
23. Right of way to emergency rescue vehicles
and ambulances.—(1) A driver
of a vehicle or a member of the public or traffic police, to the extent
practicable, shall make all possible efforts to give clear and uninterrupted
passage to—
(a) an
emergency rescue vehicle or an ambulance with activated warning devices, siren
or warning lights and duly registered with the Service; and
(b) an
emergency officer or a rescuer or any person acting under their direction, who
appears to be doing any act for the purposes of this Act.
24. False or Obnoxious Calls.—No person shall make a false or an obnoxious call on
the emergency dial-in-number or in any other manner try to represent that
emergency circumstance exists requiring utilization of any resources of the
Service.
25. Offences and punishments.—(1) Any person who willfully or without any reasonable
excuse, disobeys or violates any provision of this Act, shall be deemed to have
committed a bail able offence punishable with simple imprisonment for six months
or with fine not exceeding rupees fifty thousand or with both.
(2) No prosecution under this
Act shall be lodged without the previous sanction of the Director General which
shall not be given except after serving a notice on the person concerned and
giving him reasonable opportunity of hearing.
(3) No Court inferior to that of a
Magistrate of the first class shall try an offence under this Act.
26. Rules.—The Government may frame rules to carry out the purposes of
this Act.
27. Regulations.—The Council may make regulations, not
inconsistent with this Act or the rules for or with respect to any matter that
by this Act is required or permitted to be prescribed, specified or determined
by the Council for carrying out the purposes of giving effect to the provisions
of this Act.
-------------------------------
GILGIT ACT NO. III OF 2012
ADVISORS (SALARIES, ALLOWANCES
AND PRIVILEGES) ACT, 2012
An Act to determine the salaries, allowances
and privileges of the Advisors, Gilgit-Baltistan Council
[Gazette of Pakistan, Extraordinary, Part-I, 6th June, 2012]
No.
C-1(2)/2012 GBC.—The
following Act, passed by the Gilgit-Baltistan Council on 21st March, 2012 and
authenticated by the Chairman, Gilgit-Baltistan Council/Prime Minister of
Pakistan, is hereby published for general information.
WHEREAS it is expedient to determine the
salaries, allowances and privileges of the Advisors and for matters connected
therewith;
It is hereby enacted as follows:-
1. Short title and commencement.—(1) This Act may be called the Advisors
(Salaries, Allowances and Privileges) Act, 2012.
(2) It
shall come into force at once and shall be deemed to have taken effect on the
7th day of October, 2011.
2. Definitions.—(1) In this Act, unless there is anything
repugnant in the subject or context,—
(a) "Advisor"
means an Advisor appointed under clause (13) of Article 33 of the
Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009;
(b) "Council"
means the Gilgit-Baltistan Council established under the Article 33 of
Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009;
(c) "family"
means the parents, spouse, legitimate children and step children residing with
and wholly dependent upon the Advisor;
(d) "maintenance"
in relation to a residence includes the maintenance of furniture and
furnishing, the payment of local rates and taxes and the provision of
electricity and water;
(e) "official
residence" means the house reserved from time to time for use by an
Advisor and includes the staff quarters and other building appurtenant to, and
the gardens of, the residence but does not include Federal Lodges, Parliament
Lodges, Government Hostel and a Government Rent House;
(f) "prescribed"
means prescribed by rules made by the Council; and
(g) "year"
means a year commencing on the 1st day of July and ending on the 30th day of
June next following.
(2) The words and expressions used in this Act and
not defined shall have the meanings assigned to them in Gilgit-Baltistan
(Empowerment and Self-Governance) Order, 2009.
3. Salary.—An Advisor shall receive a salary of seventy
thousand three hundred and thirty one rupees per mensum:
Provided that if a person who, by virtue of
his holding an office of profit in the service of Pakistan or the service of
Gilgit-Baltistan declared by law not to disqualify its holder from being
appointed as Advisor, is entitled to receive a salary, the amount of the salary
to which he is entitled under this Act shall be only such amount as would not,
together with the amount of salary calculated on a monthly basis to which he is
entitled by virtue of his holding such an office, exceed seventy thousand three
hundred and thirty one rupees per mensum.
4. Equipment allowance.—On his first appointment, an Advisor may draw
five thousand rupees, as an allowance for equipment himself:
Provided that, during the ten years
immediately preceding to said appointment, he had not drawn an allowance for
the same purpose upon election or appointment to the office of Governor,
Speaker or Minister.
5. Allowance on taking up and laying down
the office.—(1) An Advisor
shall be entitled to claim actual expenses to the extent mentioned below from
his ordinary place of residence to the seat of the Council on taking up office
and from the seat of the Council to his ordinary place of residence on laying
down office.
(a) the
actual traveling expenses for himself and his family;
(b) the
cost of transportation personal servants, not exceeding two, by the lowest
class of accommodation;
(c) the
cost of transporting household effects, not exceeding one hundred and twenty
maunds, by goods train, steamer or other craft, excluding aircraft, and his
personal car, if any.
(2) No
claim shall lie for any travel or transportation not performed within six
months of the date of taking up or laying down office, as the case may be.
6. Sumptuary allowance.—Every Advisor shall receive sumptuary allowance
at the rate of six thousand rupees per mensum.
7. Transport—(1) Every Advisor and the members of his
family shall be entitled to the use of an official car maintained at the cost
of the Council in accordance with the rules framed by the Council for the use
of staff cars.
(2) An
Advisor who resigns his office but is not re-appointed may be allowed the use
of the staff car provided to him for the same period for which he is allowed to
retain official residence, but, during this period, he shall pay for the petrol
and oil and for the official driver who will remain in charge of the car.
8. Official residence.—(1) Every Advisor shall be entitled, without payment
of rent, to the use of a residence throughout his term office, and for a period
of fifteen days immediately thereafter, and no charge shall fall on him
personally in respect of its maintenance.
(2) The
assessed rent of a house hired for the use of an Advisor shall in no case
exceed seventy five thousand rupees per mensum.
(3) The
official residence of an Advisor shall be furnished by the Council at a cost
not exceeding one hundred thousand rupees in accordance with such scale as may
be prescribed by the Council from time to time:
Provided that spending of the whole of the
aforesaid amount on any one item of furnishing shall not be permissible.
(4) Lumpsum
utility allowance of twenty two thousand rupees per mensum shall be paid to an
Advisor for payment of utility bills.
(5) All
furniture and furnishing provided in the official residence shall be marked for
the purpose of identification.
(6) When
an Advisor occupies an official residence, it shall be the duty of the officer
concerned of the Council to hand over charge of the furniture and furnishings
in that residence to the Advisor, or to a person authorized by him in writing,
according to an inventory to be drawn up and signed.
(7) When
an Advisor is about to vacate an official residence, he shall inform the
officer concerned of the Council and shall arrange for the furniture and furnishings
of the official residence being handed over to that officer according to an
inventory to be drawn up and signed.
(8) The
officer concerned of the Council may, from time to time, inspect an official
residence, its furniture and furnishings with the prior approval of the Advisor.
9. Payment on account of non-availability of
official residence.—If, at
the time of his entering upon office, an official residence as per entitlement
is not available, an Advisor shall, until such residence is provided by the
Council be paid subject to a maximum of seventy five thousand rupees per
mensum.
10. Payment in case of own house.—Where an Advisor chooses to reside in his own
house, the Advisor may be paid a monthly sum of seventy five thousand rupees,
in lieu of the furnished accommodation and to cover all expenses on its
maintenance:
Provided that no furniture and furnishings
shall be provided therein at the cost of the Council:
Provided further that, if the advisor holds
his office in the house, the room used as his office shall be furnished at
Council expenses:
Provided also that an Advisor shall be
entitled utility allowance specified in sub-section (4) of Section 8.
11. Residential telephone, etc.—(1) An Advisor shall be entitled to a telephone
to be installed at his residence at Council expense and shall be exempted from
payment of its rental and charges of calls made there from within Pakistan and Gilgit-Baltistan.
(2) A
casual telephone facility shall be provided to the Advisor during his tour
within Pakistan
and Gilgit-Baltistan.
12. Travelling allowance for journeys within
Pakistan and Gilgit-Baltistan.—(1)
Subject to the provisions made hereafter, an Advisor travelling on official
duty shall be treated an officer of BPS-22.
(2) Journey by rail—An Advisor shall be entitled—
(a) to
requisition at the cost of the Council a two-berthed or four-berthed first
class compartment, including an air-conditioned compartment, if available on
the train;
(b) to
take with him not more than two personal servants by the lowest class of
accommodation when traveling by a two-berthed or four-berthed railway
compartment;
(c) to
the carriage of personal baggage not exceeding three maunds when traveling by a
railway compartment;
(d) to
take with him without payment of fares his family members not exceeding four,
when travelling in a requisitioned railways compartment; and
(e) to
draw an allowance of fifty rupees for every twenty-four hours of the period of
journey and an allowance of twenty five rupees for a lesser period, in addition
to the daily allowance admissible under Section 12.
(3) Journey by steamer or launch.—An Advisor shall be entitled—
(a) to
draw the actual fare paid for himself;
(b) to
draw an allowance of fifty rupees for every twenty-four hours of the period of
journey and twenty-five rupees for a lesser period, in addition to the daily
allowance admissible under Section 13;
(c) to
take with him not more than two personal servants by the lowest class of
accommodation; and
(d) to
the carriage of personal baggage not exceeding three maunds.
(4) Journey by air.—An Advisor may, if the public interest so
demands, travel by air, in which case, he shall be entitled—
(a) to
the actual economy plus class air fare, while travelling within Pakistan
and Gilgit-Baltistan, and Business class air fare, while traveling abroad;
(b) to
the cost of transporting personal luggage not exceeding one hundred pounds
inclusive of the free allowance given by the air company;
(c) to
requisition at the cost of Council, if he considers it necessary in the public
interest, an aeroplane or a helicopter belonging to the Pakistan Air Force or
Government of Gilgit-Baltistan, subject to the availability and in accordance
with the rules framed by the relevant authority, or an aeroplane belonging to
any flying club in Pakistan and Gilgit-Baltistan;
(d) to
take with him while travelling within Pakistan and Gilgit-Baltistan, one member
of his family when traveling by a commercial aeroplane or four members of the
family when traveling by a requisitioned aeroplane, provided that no
non-official shall be allowed to travel in Pakistan Air Force aeroplane without
the authority of the Ministry of Defence;
(e) to
the cost of transporting not more than two personal servants by the lower class
of accommodation by rail or steamer;
(f) to
the carriage of personal luggage by rail or streamer subject to a maximum of
three maunds; and
(g) to
take with him by air one personal servant or a peon in lieu of the entitlement
in clauses (e) and (f).
(5) Journey by road.—(a) An Advisor shall be entitled, for a
journey performed by road beyond a radius of eight kilometres from his
headquarters, to an allowance of five rupees per kilometres, if journey is
performed by a private vehicle and in any other case to an allowance at the
rate of fifty rupees per day:
Provided that the allowance mentioned in this
sub-section shall be admissible only in respect of—
(i) a
journey or that part of a journey which has to be undertaken by road in the
public interest or in the absence of railway communication; and
(ii) a
short journey which can not conveniently by undertaken by rail and which
involves an absence from headquarters for more than eight consecutive hours.
(b) In
respect of a journey performed by road beyond a radius of five miles from his
headquarter, an Advisor shall be entitled to claim the actual cost of
transporting—
(i) not
more than two personal servants, provided that the servants travelled by a
conveyance other than that by which the Advisor traveled; and
(ii) up
to a maximum of three mounds of personal luggage:
Provided
that the journey is performed to a place of halt in respect of which daily
allowance is admissible.
13. Daily allowance during halt.—(1) An Advisor, while on tour, shall be
entitled, to receive a daily allowance at the rate of one thousand rupees for
each day.
(2) An
Advisor who arrives at the place of duty or departs from such place shall be
entitled to draw daily allowance at the full rate for the day of arrival, or
the day of departure, as the case may be, irrespective of the time of arrival
or departure:
Provided that not more than one daily
allowance at the full rate may, in any case, be claimed in respect of any one
day.
(3) Where
an Advisor on tour stays in a hotel because of non-availability of
accommodation in any Government Guest House, or Rest House, he shall be entitled
to the reimbursement of actual rent charges of a small suite paid by him for
the period of stay in that hotel, in addition to the daily allowance:
Provided that an Advisor who does not wish to
avail himself of such accommodation shall be paid a subsidy at the rate of
fifty rupees for each day during any period of tour on duty.
14. Travelling allowance bill.—An Advisor shall indicate on his travelling allowance
bill whether he has travelled in a requisitioned railway saloon or compartment
or aeroplane or as an ordinary first class passenger, specify the number and
relationship of family members and other who traveled with him, certifying whether
they purchased the necessary tickets, and also, certify that the journey was primarily
under taken on official business,
15. Controlling Officer.—An Advisor shall be his own controlling
officer.
16. Travelling allowance for journey abroad.—An Advisor traveling on official business
outside Pakistan
and Gilgit-Baltistan shall be entitled to such allowance as may be prescribed
from time to time by the Council.
17. Medical facilities.—An Advisor and his family shall be entitled
to medical facilities admissible under the rules framed by the Council and
shall be entitled to receive medical treatment at the residence.
18. Leave.—(1) The Chairman may grant to an Advisor during his term of office at
any one time or from time to time, leave of absence for urgent reasons of
health or private affairs, for a period not exceeding in the aggregate three
months:
Provided that an Advisor shall earn four days
leave per month subject to a maximum of three months:
Provided further that an Advisor shall be
entitled to avail himself of the unutilized period of the leave aforesaid
immediately after laying down his office.
(2) An
Advisor shall be entitled to receive leave salary of fifty eight thousand seven
hundred and twenty rupees per month.
19. Personal staff.—Each Advisor, except while on leave, shall be
entitled to have one Private Secretary, one Personal Assistant, one Urdu
Stenographer or Stenotypist, one Qasid and one Naib-Qasid, with such status and
conditions as are or may be laid down by the Council from time to time.
20. Provident Fund.—(1) An Advisor may at his option, become a subscriber
to the General Provident Fund; and if he so opts, he shall subscribe to the Fund
as a compulsory subscriber in accordance with the General Provident Fund (Central
Services) Rules.
(2) A
temporary advance may be granted to an Advisor from the amount standing to his
credit in the General Provident Fund at the discretion of the Council for a
purpose for which such advance may be granted to a subscriber under the said rules.
(3) The
grant of a temporary advance under sub-section (2), shall, unless the Council
otherwise directs, be subject to the condition to which an advance granted to a
subscriber under the aforesaid rules is subject.
21. Compensation in case of air accident.—(1) If an Advisor, while traveling by air, on
official duty, by any flight, scheduled or unscheduled (including flight in a
Government-owned aircraft of any type), dies or receive an injury as a result
of an accident, the Council shall pay to the person or persons referred to sub section
(2), a sum of three hundred thousand rupees in the case of death, and an amount
to be determined by the Council having regards to scale of compensation applied
by insurance companies in like cases, in the case of injury.
(2) The
compensation shall be payable in the case of injury, to the Advisor and, in the
case of death, to such member or members of his family, or, if there be no such
members any other person or persons as may be nominated by him, and in the absence
of such nomination to his heirs.
(3) A
nomination under sub-section (2) may be made, and may also be revoked or
altered, by a notice in writing signed by the Advisor and addressed to the Accountant
General of the Council.
22. General.—(1) The family of an Advisor shall be entitled to travel by air or by
rail from the headquarters of the Advisor to his hometown and back once a year
at Council expense.
(2) All
reasonable precautions shall be taken by the Advisor to see that the official
residence, transport and furniture and furnishings provided by the Council are
used with the same care with which a person's own property is used.
23. Act to have effect subject to instructions,
etc.—This Act shall have
effect subject to such instructions, rules, exceptions, further concessions, or
easements as the Council may from time to time prescribed or grant.
24. Increase in emoluments.—The salaries, allowances and privileges of
Advisors shall automatically be increased by the Gilgit-Baltistan Council
Secretariat in proportion to the increase in the emoluments of the civil
servants.
25. Power to make rules.—The Chairman may, by notification in the official
Gazette, make rules for carrying out the purposes of this Act.
Passed by the Gilgit-Baltistan Council on the 21st March, 2012.
---------------------
GILGIT ACT NO. VI OF 2012
GILGIT-BALTISTAN COUNCIL PUBLIC SERVICE COMMISSION
(ADAPTATION) ACT, 2012
An Act to adapt the Federal Public Service
Commission Ordinance, 1977 of Pakistan
and rules made therunder.
[Gazette of Pakistan, Extraordinary, Part-I, 6th June, 2012]
No.
C-1 (2)/2012 GBC—The
following Act, passed by the Gilgit-Baltistan Council on 21st March, 2012 and
authenticated by the Chairman, Gilgit-Baltistan Council/Prime Minister of
Pakistan, is hereby published for general information.
WHEREAS, it is expedient to adapt the Federal Public Service Commission
Ordinance, 1977 (XLV of 1977) and rules made thereunder, as in force in Pakistan
and to provide for matters connected therewith or ancillary thereto;
It is hereby enacted as follows :-
1. Short title, extent, application and commencement.—(1) This Act may be called
the Gilgit-Baltistan Council Public Service Commission (Adaptation) Act, 2011.
(2) It shall come into force at
once.
(3) It shall apply to persons
applying for employment (BPS-16 and above) in the service of the
Gilgit-Baltistan Council wherever they may be.
2. Adaptation of the Federal Public Service Commission Ordinance,
1977 of Pakistan.—(1) The Federal Public Service Commission Ordinance, 1977 (XLV of 1977),
and all rules, notification and orders made thereunder, as in force in Pakistan
before the commencement of this Act are adapted and shall, as far as practicable,
be applicable to persons applying for employment in BPS-16 and above in
Gilgit-Baltistan Council subject to the modification that,—
(a) the
expression "Government", "Federal Government",
"President", or any other expression howsoever, worded, referring to
any executive Government, shall, be construed to refer to
"Gilgit-Baltistan Council", and "Gilgit-Baltistan Council
Secretariat"; and
(b) the
expression "Supreme Court" and "High Court" shall be
construed to refer to "Gilgit-Baltistan Supreme Appellate Court" and
"Gilgit-Baltistan Chief Court"
respectively.
3. Removal of difficulty.—If any difficulty or question arises in given
effect to the provisions of this Act or in regard to the construction to be
placed on any adaptation, the Gilgit-Baltistan Council Secretariat may, from
time to time, make such provision or give such direction as appear to it to be
necessary for the purpose of removing such difficulty.
Passed by the Gilgit-Baltistan Council on the 21st March, 2012.
--------------------------
GILGIT ACT NO. V OF 2012
GILGIT-BALTISTAN PREVENTION OF CRUELTY TO ANIMALS ACT,
2012
[Gazette of Pakistan, Extraordinary, Part-I, 15th October, 2012]
WHEREAS it is expedient to make further
provision for the Prevention of Cruelty to Animals; it is hereby enacted as
follows:-
1. Title, extend and commencement and
supersession of other enactments.—(1) This Act shall be called the Gilgit-Baltistan Prevention of Cruelty
to Animals, Act No. V of 2012.
(2) It
shall be extended whole of Gilgit-Baltistan.
(3) It
shall com into force immediately.
2. Definition.—In this Act, unless there is something
repugnant in the subject or context.—
(1) "Animal"
means any domestic or captured animal.
(2) "Street"
including any way, road, lane, square, Court, alley, passage or open space,
whether a thoroughfare or not, to which the public have access.
(3) Phooka
or doom dev includes any process of introducing air or any substance into the
females the organ of a milk animal with the object of drawing off from the
animal any secretion of milk.
3. Penalty for cruelly to animals and for
sale of animals killed with unnecessary cruelty.--If any person,—
(a) overdrives,
beats, or otherwise treats any animal so as to subject it to unnecessary or
suffering, or
(b) binds,
keeps, carries or consigns for carriage any animal in such manner or position
as to subject it to unnecessary pain or suffering, or
(c) offers
for sale of without reasonable cause has in his possession any live animal
which is suffering pain by reason of mutilation, starvation, thirst,
over-crowding or other ill-treatment, or
(d) offers
for sale any dead animal or part of a dead animal which he has reason to
believe has been killed in an unnecessary cruel manner, or
(e) without
reasonable cause abandons any animal in circumstances which render it likely
that it will suffer pain by reason of starvation or thirst,
(f) he
shall be punished, in the case of a first offence, with line which may extend
to fifty rupees, or with imprisonment for a term which may extend to one month
and, in the case of a second or subsequent offence committed within three years
of the previous offence, with fine which may extend to one hundred rupees, or with
imprisonment for a term which may extend to three months, or with both.
4. Penalty for overloading animals.--(1) If any person overloads any animal, he
shall be punished with fine which may extend to one housand five hundred
rupees, or with imprisonment for a term which may extend to one month.
(2) If
the owner of any animal, or any person who, either as a trader, carrier or
contractor or by virtue of his employment by a trader, carrier or contractor,
is in possession of, or in control of the loading of, any animal, permits the
overloading of such animal, he shall be punished with fine which may extend to
one thousand rupees.
5. Penalty for practicing phooka.--(1) If any person performs upon any cow or
other milk animal the operation called phooka or doom dev, or permits such
operation to be performed. Upon any such animal in his possession or under his
control, he shall be punished with fine which may extend to five thousand
rupees, or with imprisonment for a term which may extend to two years, or with
both, and the animal on which the operation was performed shall be forfeited to
Government:
Provided that in the case of a second or
subsequent conviction of a person under this section he shall be punished with
fine which may extend to five hundred rupees and with imprisonment for a term
which may extend to two years.
(2) A
Court
may order payment out of any fine imposed under this section of an amount not
exceeding one-tenth of the fine to any person other than a police officer or
officer of a society or institution concerned with the prevention of cruelty to
animals who has given information leading to the conviction.
6. Penalty for killing animals with
unnecessary cruelty anywhere.--If
any person kills any animals in a an unnecessary cruel manner, he shall be
punished with fine which may extend to two hundred rupees, or with imprisonment
for a term which may extend to six months, or with both.
7. Penalty for being in possession of the
skin of a goat killed with unnecessary cruelty.—In any person has in his possession the skin
of a animals, and has reason to believe that the animals has been killed in an unnecessary
cruel manner, he shall be punished with fine which may extend to one thousand
rupees, or with imprisonment which may extend to three months, or with both,
and the skin shall be confiscated.
8. Penalty for employing anywhere animals
unfit for labour.—If any
person employs in any work or labour any animal which any reason of any disease
infirmity, wound, sore or other cause is unfit to be so employed, or permit any
such unfit animal in his possession or under his control to be so employed he
shall be punished with fine which may extend to one thousand rupees.
9. Interpretation.—For the purpose of Sections 3-A and 6, an
owner of other person in possession or control of an animal shall be deemed to
have permitted an offence if he has failed to exercise reasonable care and
supervision with a view to the prevention of such offence, and for the purposes
of Section 4, if he fails to prove that he has exercised such care and
supervision.
10. Treatment and care of animals.--(1) The Provincial Government may, by general
or special order, appoint infirmaries for the treatment and care of animals in
respect of which offences against this Act have been committed, and may
authorised the detention of animal pending its production before a Magistrate.
(2) The
Magistrate before whom a prosecution for an offence against this Act has been
instituted may direct that the animal concerned shall be treated and cared for
it an infirmary, until it is fit to perform its usual work or is otherwise fit
for discharge, or that it shall be sent to a pinjrapole, or, if the Veterinary
Officer Incharge of the area in which the animal is found, or, such other
Veterinary Officer as may be authorised in this behalf by rules made under Section
15 certifies that it is incurable or cannot be removed without cruelty, that it
shall be destroyed.
(3) An
animal sent for case and treatment to an infirmary shall not, unless the
Magistrate directs that it shall be sent to a pinjrapole or that, it shall be destroyed,
be released from such place except upon a certificate on its finches for
discharge issued by the Veterinary Officer incharge of the area in which, the
infirmary is situated or such other Veterinary Officer as may be authorised in this
behalf by rules made under Section 15.
(4) The
cost of transporting an animal to an infirmary or pinjrapole, and of its
maintenance and treatment in an infirmary, shall be payable by the owner of the
animal in accordance with a scale of rates to be prescribed by the District
Magistrate:
Provided that when the Magistrate so orders,
on account of the property of the owner of the animal, no charge shall be
payable for the treatment of the animal.
(5) If
the owner refuses or neglects to pay such cost or to remove the animal within
such time as a Magistrate may prescribe, the Magistrate may direct that the
animal be sold and that the proceeds of the sale be applied to the payment of
such cost.
(6) The
surplus, if any, of the proceeds of such sale shall, on application made by the
owner within two months from the date of the sale be paid to him.
11. Penalty for baiting or inciting animals to
fight.—If any person.--
(a) incites
by animal to fight, or
(b) baits
by animal, or
(c) aids
or abets and such incitement or bailing.
(d) he
shall be punished with fine which may extend to fifty rupees.
Explanation—It shall not be an offence under this
section to incite animal to fight if such fighting is not likely to cause
injury or suffering to such animal and all reasonable precautions are taken to
prevent injury or suffering from being so accused.
12. Penalty for permitting diseased animals to
got at large or to die in public places.—If any person willfully any animal of which he is the owner or is
in-charge to go at large in any street which the animal is affected with contagious
on infectious disease, or without reasonable excuse permits any diseased or
disabled animal of which he is the owner or is in charge to die in any street,
he shall be punished with the fine which may extend to one hundred rupees where
he is the owner of the animal, or to five hundred rupees where he is in charge
of but not the owner of the animal.
13. Special power of search and seizure in
respect of certain offences.—(1)
If a police officer, not below and rank of sub-inspector, has reason to believe
that an offence under Section 5, in respect of a goat, is being or is about to
be, or has been, committed in any place, or that any person has in his possession
the skin of a goat with any part of the skin of the head attached thereto, he
may enter and search such place or any place in which he has reason to believe
any such skin to be, and may seize any such skin and any article or thing used
or intended to be used in the commission of such offence.
(2) If
a police-officer, not below the rank of Sub-Inspector, or any person specially
authorized by the Provincial Government in this behalf has reason to believe
that phooka or doom dev has just been or is being performed on any animal
within the limits of his jurisdiction, he may enter any place in which he has
reason to believe such animal to be, and may seize the animal and produce it
for examination be the Veterinary Officer-in-charge of the area in which the
animal is seized.
14. Search-warrants.—(1) If a Magistrate of the first or second
class, sub-divisional Magistrate, or District Superintendent of Police, upon
information in writing and after such inquiry as he thinks necessary, has
reason to believe that an offence against this Act is being or is about to be or
has been committed in any place, he may either himself enter and search or by
his warrant authorize any police-officer not below the rank of sub-Inspector to
enter and search the place.
(2) The
provisions of the Code of Criminal Procedure, 1882, relating to searches under
that Code shall, so far as those provisions can be made applicable, apply to a
search under sub-section (1) or under Section 7-A.
15. Limitation for prosecution.--A prosecution for an offence against this Act
shall not be instituted after the expiration of three months from the date of
the commission for the offence.
16. Destruction of suffering animals.--(1) When any Magistrate, or District
Superintendent of police has reason to believe that an offence against this Act
has been committed in respect of any animal, he may direct the immediate
destruction of the animal if in his opinion its suffering are such to render
such a direction proper.
(2) Any
police-officer above the rank of a constable who finds an animal so diseased,
or so severely injured or in such a physical condition that it cannot, in his
opinion, be removed without cruelly, may if the owner is absent or refuses to
consent to the destruction of the animal, forthwith summon the Veterinary
officer-in-charge of the area in which the animal is found and if the
veterinary officer that the animal is mortally injured or so severely injured
or in such a physical condition that its destruction is desirable, the
police-officer may after obtaining orders from a Magistrate, destroy the animal
or cause it to be destroyed.
17. Provision supplementary to Section 1 with
respect to extent of Act.—Notwithstanding
anything Section 1, Sections 4 and 13, Section 9 and Section 10 and Sections 6-A,
7-A and 15 so for as they relate offence under Section 4 shall extend to every
local area in which any section of this act constituting and offence is for
time being in force.
18. Offence under Section 4 to be cognizable.—Notwithstanding anything contained in the Code
of Criminal Procedure 1898, an offence punishable under Section 4 shall be a
cognizable offence within the meaning of that Code.
19. General power to seizure for examination.—Anything police-officer above the rank of a
constable or any person authorised by the Provincial Government in this behalf,
who has reason to believe that an offence against this Act has been or is being
committed in respect of any animal, may, if his opinion the circumstance so
require, seize the animal and produce the same for examination by the nearest
Magistrate or by such Veterinary Officer as may be designed in this behalf by
rules made under Section 15; and such police-officer or authorised person may,
when seizing the animal, require the person in charge thereof to accompany it
to the place of examination.
20. Power to make rules.—(1) The Provincial Government may, by notification
in the official Gazette, and subject to the condition of previous publication
make rules to carry out the purpose of this Act.
(2) In
particular, and without prejudice to the generality of the foregoing power, the
Provincial Government may make rules:-
(a) prescribing
the maximum weight of loads to be carried or drawn by any animal;
(b) prescribing
condition to prevent the over-crowding of animal;
(c) prescribed
the period during which and the hours between which, buffaloes shall not be
used for draught purposes;
(d) prescribing
the purposes to which fines realized under this Act may be applied including
such purposes as the maintenance of infirmaries, pinjraples, and veterinary
hospitals;
(e) prohibiting
the use of any bit or harness involving cruelty;
(f) requiring
person carrying on the business of a farrier to be licensed and registered.
(g) requiring person owning,
or in charge of, premises in which animals are kept or milked to register such
premises, to comply with prescribed conditions as to the boundary walls or surroundings
of such premises, to permit their inspection for the purpose of ascertaining
whether any offence against Section 4 is being, or has been committed therein,
and to expose in such premises copies of Section 4 of this Act in a language or
language commonly understood in the locality; and
(h) prescribing the manner in
which cattle may be impounded in any place appointed for the purpose, so as to
secure the provision of adequate space, food and water.
3. If
any person contravenes, or abets the contravention with fine which may extend
to fifty.
21. Persons authorised under Section 14 to be
public servant—Every person
authorised by the Provincial Government under Section 14 shall be deemed to be
a public servant within the meaning of Section 21 of the Pakistan Penal Code.
22. Indemnity.—No suit, prosecution or other legal
proceeding shall lie against any person who is, or who is deemed to be, a
public servant within the meaning of Section 21 of the Pakistan Penal Code, in
respect of any thing in good faith done or intended to be done under this Act.
--------------------
GILGIT ACT IV OF 2012
GILGIT-BALTISTAN COUNCIL (SALARIES, ALLOWANCES AND
PRIVILEGES) (AMENDMENT) ACT, 2012
An Act to amend the Members of
Gilgit-Baltistan Council (Salaries, Allowances and Privileges) Act, 2010
[The Gazette of Pakistan, Extraordinary, Part-I, 6th June, 2012]
No.
C-1 (2)/2012 GBC—The
following Act, passed by the Gilgit-Baltistan Council on 2lst March, 2012 and
authenticated by the Chairman, Gilgit-Baltistan Council/Prime Minister of
Pakistan, is hereby published for general information.
WHEREAS it is expedient further to amend the
Members of the Gilgit-Baltistan Council (Salaries, Allowances and Privileges)
Act, 2010 (Act-I of 2010), for the purpose hereinafter appearing;
It is hereby enacted as follows:—
1. Short title and commencement.—(1) This Act may be called the Members of the
Gilgit-Baltistan Council (Salaries, Allowances and Privileges) (Amendment) Act,
2012.
(2) It
shall come into force at once.
2. Substitution of Section 11, Act-I of 2010.—In the Members of Gilgit-Baltistan Council
(Salaries, Allowances and Privileges) Act, 2010, for Section 11, the following
shall be substituted, namely:—
"Housing
allowance.—A member shall be
paid a Housing Allowance at the rate of fifty thousand rupees per month".
Passed by the Gilgit-Baltistan Council on the 21st March, 2012.
---------------------------
GILGIT ACT NO. V OF 2012
GILGIT-BALTISTAN POWER DEVELOPMENT BOARD ACT, 2012
An Act to provide for the development of
power resources of the Gilgit-Baltistan.
[The Gazette of Pakistan, Extraordinary, Part-I, 6th June, 2012]
No.
C-1 (2)/2012 GBC—The
following Act, passed by the Gilgit-Baltistan Council on 21st March, 2012 and
authenticated by the Chairman, Giigit-Baltistan Council/Prime Minister of
Pakistan, is hereby published for general information.
WHEREAS it is expedient to provide for the
development of power resources of the Gilgit-Baltistan for the purposes
hereinafter appearing;
It is hereby enacted as follows:—
CHAPTER – I
Preliminary
Preliminary
1. Short title, extent and commencement.—(1) This Act may be called the
Gilgit-Baltistan Power Development Board Act, 2012.
(2) It
extends to the whole of Gilgit-Baltistan.
(3) It
shall come into force at once.
2. Definitions.—In this Act, unless there is anything
repugnant in the subject or context,—
(i) "Board" means the Board of
Directors of the Gilgit-Baltistan Power Development Board;
(ii) "Chairman" means the Chairman
of the Board;
(iii) "Vice Chairman" means the
Vice Chairman of the Board;
(iv) "Council" means the
Gilgit-Baltistan Council;
(v) "Federal Government" means
the Government of the Islamic Republic of Pakistan;
(vi) "Government" means the Government
of Gilgit-Baltistan;
(vii) "land" includes benefits to
arise out of land, and things attached to the earth or permanently fastened to
anything attached to the earth;
(viii) "Managing Director" means the
Managing Director of the Gilgit Baltistan Power Development Board;
(ix) "member" means a member of
the Board;
(x) "officer" means an officer of
the Board;
(xi) "power" includes hydro power,
electrical energy, steam, gas, solar, geo thermal, wind or any other power
notified as such by the Gilgit-Baltistan Council in the official Gazette;
(xii) "prescribed" means prescribed
by rules;
(xiii) "rules" means rules made
under this Act; and
(xiv) "Scheduled Bank" means a Bank
for the time being included in the list of Scheduled Banks maintained under
sub-section (1) of Section 37 of the State Bank of Pakistan Act, 1956 (XXXIII
of 1956).
CHAPTER - II
Constitution of Board
Constitution of Board
3. Board.—(1) There shall be established a Board known as the Gilgit-Baltistan
Power Development Board.
(2) The
Board shall be a body corporate having power to acquire and hold property, both
movable and immovable, having perpetual succession and a common seal and shall
by the said name sue and be sued.
(3) The
head office of the Board shall be at Islamabad
with regional office at Gilgit.
(4) The
Board shall consist of the following; namely:—
(i) Minister-in-Charge, Gilgit-Baltistan
Council Secretariat. Chairman
Council Secretariat. Chairman
(ii) Chief Minister, Gilgit-Baltistan
Government. Vice-Chairman
Government. Vice-Chairman
(iii) Minister for Water and Power,
GB Government. Member
GB Government. Member
(iv-v) Two (02) Members of Gilgit-Baltistan
Council to be nominated by the
Minister-in-Charge Member
Council to be nominated by the
Minister-in-Charge Member
(vi) Secretary-in-Charge, Gilgit-Baltistan
Council Secretariat Member
Council Secretariat Member
(vii) Member (Energy) Planning
Commission, P & D Division. Member
Commission, P & D Division. Member
(viii) Chief Secretary, Gilgit-Baltistan
Government Member
Government Member
(ix) Member Power, WAPDA Member
(x) Chief Engineer, Water & power
Deptt, GB Member
Deptt, GB Member
(xi) A Representative of Private Power
Infrastructure Board Member
Infrastructure Board Member
(xii) Managing Director of the Board
appointed under Section 4 Member
appointed under Section 4 Member
4. Managing Director.—(1) The Council shall appoint a Managing Director
of the Board, in consultation with the Board, on such terms and conditions as
may be prescribed.
(2) The
Managing Director shall be responsible for overall administration and management
of the Board. He shall also be responsible to carry out and implement the
orders and decisions of the Board.
(3) The
term of office of the Managing Director shall be three years. On expiry of his
term of office, the Managing Director shall be eligible for re-appointment for
a subsequent term not exceeding three years as the Council may determine, in consultation
with the Board.
(4) The
Managing Director may, at any time, resign from his office and by virtue of his
resignation, he shall cease to be member of the Board, or if he resigns from
the membership of the Board, he shall cease to be the Managing Director;
provided that his resignation in either case shall not take effect until
accepted by the Board.
(5) There
shall be a full time Secretary of the Board, who shall, under the general
supervision of the Managing Director, be responsible for dealing with proceedings
of the meetings and other matters entrusted by the Board.
5. Consultants.—The Board may employ such experts, advisers, consultants
and other officers, as it considers necessary for the efficient performance of
functions of the Board, on such terms and conditions as may be prescribed by
the Board.
6. Removal of Managing Director.—The Board may, by Notification, remove the
Managing Director:—
(a) if
he refuses or fails to discharge or becomes, in the opinion of the Board,
incapable of discharging his responsibilities under this Act; or
(b) if
he has been declared insolvent; or
(c) if
he has been declared to be disqualified for the employment, or has been
dismissed from the service of Pakistan
or service of Gilgit-Baltistan, or has convicted of an offence involving moral
turpitude; or
(d) if
he has knowingly acquired or continued to hold without the permission in
writing of Board, directly or indirectly or through a partner, any share or
interest in any contract or employment with, or on behalf of, the Board in any
land or property which, in his knowledge, is likely to benefit or has benefited
as a result of the operation of the Board.
(e) guilty
of misconduct.
7. Meetings of the Board.—(1) The Board shall meet at least once in every
three months in such manner and at such time and place as may be determined by
the Chairman.
(2) The
Chairman or, in his absence, Vice chairman shall preside over the meeting.
(3) The
Chairman and five other members shall be present to constitute a quorum at
meeting of the Board.
CHAPTER - III
Powers and duties of the Board
Powers and duties of the Board
8. Function of the Board.—(1) Subject to any other law for the time being
in force, the Board shall prepare, for the approval of Council, a comprehensive
plan for the development and utilization of the power and energy resources of
the Gilgit-Baltistan. The Board may also undertake such other schemes as
Council may direct.
(2) Without
prejudice to the provisions of sub- section (1), the Board may frame a scheme
or schemes for Gilgit-Baltistan for generation of power.
(3) Every
scheme prepared by the Board under sub-sections (1) and (2) shall be processed
in accordance with the laid down procedures or instructions, which may be
issued from time to time.
(4) The
Board shall make policies for power generation in Gilgit-Baltistan in
collaboration with the private sector based on the national and international
best practices and submit for approval of the Council.
9. Studies by Board.—The Board, if it considers necessary or
expedient for carrying out the purposes of this Act, may cause studies,
pre-feasibility studies, detailed feasibility studies, surveys and experiments
of technical research.
10. Powers of Board.—(1) The Board may take such measures and exercise
such powers as it considers necessary or expedient for carrying out the purposes
of this Act.
(2) Without
prejudice to the generality of the foregoing powers, the Board may, in the
prescribed manner and subject to the provisions of this Act,—
(a) undertake any work, incur
any expenditure, procure plant, machinery and materials required for its use
and enter into and perform all such contracts as it may consider necessary or
expedient to carry out the purposes of this Act; and
(b) acquire
by purchase, lease, exchange or otherwise and dispose of by sale, lease,
exchange or otherwise, any land or any interest in land.
CHAPTER - IV
Establishment
Establishment
11. Officers and Servants of the Board.—(1) The Board may, from time to time employ,
directly or by induction, transfer, deputation, from Federal or other
Provincial Governments, Gilgit-Baltistan Government, semi-autonomous and autonomous
bodies, such officers and servants, as it may consider necessary for the efficient
performance of its functions, on such terms and conditions as it may deem fit:
Provided that the terms and conditions of
service of any such person shall not be varied to his disadvantage.
(2) Appointments
and promotions of officers and employees up to and including BPS-16 shall be
made by the Managing Director in the manner prescribed. Appointments and
promotions in BPS-17 and above shall be made by the Board in the prescribed
manner.
12. Actions done in good faith.—(1) The Managing Director, officers and
servants of the Board shall, when acting or purporting to act in pursuance of
any of the provisions of this Act, be deemed to be in the Service of the Board.
(2) No
suit, prosecution or other legal proceedings shall lie against the Chairman,
Vice Chairman, Members, Managing Director officers and servants of the Board in
respect of anything done or intended to the done, in good faith under this Act.
13. Delegation of Powers.—The Board may, by general or special order, delegate
to the Managing Director, a member or any officer of the Board any of its powers,
duties or functions under this Act, subject to such conditions as it may think fit
to impose.
CHAPTER - V
Reports and Statements
Reports and Statements
14. Report to the Council.—(1) The Board shall submit to the Council, as
soon as may be possible after the end of each financial year but before the
last day of October next following, a report on the conduct of the affairs of
the Board for the year including an analysis of its physical and financial
achievements for discussion.
(2) The
Council Secretariat may require the Board to furnish any return, statement,
estimate, statistics, or other information or document regarding any matter
under the control of the Board.
CHAPTER - VI
Finance
Finance
15. Fund.—(1) There shall be a Fund to be known as the Board Fund vested in the
Board which shall be utilized by it to meet expenses in connection with its
functions under this Act, including the payment of salaries and other
remunerations to the Managing Director, officers, servants and employees.
(2) The
Fund shall consist of:—
(a) proceeds
from sale of Power, (Provided that net proceeds will be shared between the
Council and GB Government at a rate to be mutually agreed);
(b) grants
made by the Council including the Federal Government;
(c) loans
obtained from Council including the Federal Government;
(d) grants
made by local bodies;
(e) loans
obtained by the Board from commercial banks or any other such institutions;
(f) foreign
loans, grants or any other financial assistance obtained; and
(g) Energy
Development Surcharge in Gilgit-Baltistan; and
(h) all
other sums received by the Board;
(3) The
Board may keep money with a Scheduled Bank as per guidelines and approval of
the Board.
(4) The Board shall endeavour to promote
private sector in the generation of power.
16. Fixation of rates.—The rates at which the Board may sell power shall
be fixed keeping in view the operation costs, investment cost depreciation of assets,
the redemption at due time of loans other than those covered by depreciation, the
payment of any taxes and a reasonable return on investment or the rates
approved by Council.
17. Books of accounts.—The Board shall maintain complete and
accurate books of accounts in such form as may be prescribed by it, provided
that separate accounts shall be maintained for each scheme including its
transactions relating to power.
18. Receipt and expenditure.—In the month of May each year, the Board
shall submit to the Council for approval a statement of the estimated receipts and
expenditure in respect of the next financial year.
19. Audit of accounts.—The accounts of the Board shall be audited by
the Auditor-General of Gilgit-Baltistan.
CHAPTER - VII
Rules and Regulations
Rules and Regulations
20. Power to make rules.—For the purpose of carrying into effect the provisions
of this Act, the Board may, frame such rules as it may consider necessary or
expedient.
Passed by the Gilgit-Baltistan Council on the
2lstMarch, 2012.
---------------------
GILGIT ACT NO. VII OF 2012
GILGIT-BALTISTAN COUNCIL, FINANCIAL INSTITUTIONS
(RECOVERY OF FINANCES) (ADAPTATION) ACT, 2012
An Act to adapt and to enforce the Financial
Institutions (Recovery of Finances ) Ordinance, 2001 of Pakistan in Gilgit-Baltistan
[Gazette of Pakistan, Extraordinary, Part-I, 6th June, 2012]
No.
C-1 (2)/2012 GBC—The
following Act, passed by the Gilgit-Baltistan Council on 21st March, 2012 and
authenticated by the Chairman, Gilgit-Baltistan Council/Prime Minister of
Pakistan, is hereby published for general information.
WHBREAS it is necessary to adapt and to
enforce Financial Institutions (Recovery of Finances) Ordinance, 2001 (XLVI of
2001) as in force in Pakistan
and to provide for matters connected therewith or ancillary thereto;
It is hereby enacted as follows :—
1. Short title, extent, and commencement.—(1) This Act may be called the
Gilgit-Baltistan Council, Financial Institutions (Recovery of Finances) (Adaptation)
Act, 2012.
(2) It
shall extend to the whole of Gilgit-Baltistan,
(3) It
shall come into force at once.
2. Interpretation.—In this Act, unless there is
anything repugnant in the subject or context, 'previous law' shall mean a law
in force in the Gilgit-Baltistan territory immediately before the commencement
of this Act and corresponding to any law adapted by this Act.
3. Adaptation of
the Financial Institutions (Recovery of Finances) Ordinance, 2001.—The Financial Institutions
(Recovery of Finances) Ordinance, 2001 (XLVI of 2001) and all rules
notifications and orders made thereunder and in force immediately before the
commencement of this Act are adapted and shall, as far as practicable, be in
force in Gilgit-Baltistan subject to the following modifications, namely:—
(a) the expressions 'Government', 'Federal Government', President'
or any other expressions however worded, referring to any Executive Government,
shall, as far as practicable, be construed to refer to the Gilgit-Baltistan
Council and reference to Pakistan or any part of Pakistan shall be construed to
refer to Gilgit-Baltistan; and
(b) the expressions
'Provincial Government' shall be construed to refer to the Gilgit-Baltislan
Government.
(c) the expressions "High
Court" shall be construed to refer to the Gilgit-Baltistan Chief Court; and
(d) the expressions
"Chief Justice" shall be construed to refer to the Chief Judge, Gilgit-Baltistan Chief Court.
4. Previous laws to cease to have effect.—If immediately before the coming into force
of this Act if there is in force in Gilgit-Baltistan any law corresponding to
any law adapted by this Act, it shall, subject to the other provisions of this
Act, cease to have effect on and from the date of the commencement of this Act:
Provided that the provisions of this Act
shall not render invalid anything duly done before the commencement of this Act
under the provisions of any previous law.
5. Removal of difficulty.—If any difficulty or question arises in
giving effect to the provisions of this Act or in regard to the construction to
be placed on any adaptation, the Council may, from time to time, make such
provisions or give such directions as appear to it to be necessary for the
purpose of removing such difficulty.
Passed by the Gilgit-Baltistan Council on the 21st March, 2012.
------------------------
GILGIT ACT NO. IX OF 2012
GILGIT-BALTISTAN COUNCIL INCOME TAX (ADAPTATION) ACT,
2012
An Act to adapt and enforce the Income Tax
Ordinance, 2001, as in force in Pakistan
and the rules made thereunder, in Gitgit-Baltistan
[Gazette of Pakistan, Extraordinary, Part-I, 12th October, 2012]
No.
C-1 (2)/2012 GBC—The
following Act, passed by the Gilgit-Baltistan Council on 21st March, 2012 and
authenticated by the Chairman, Gilgit-Baltistan Council/Prime Minister of
Pakistan, is hereby published for general information.
WHEREAS it is expedient to adapt and enforce
the Income Tax Ordinance, 2001 (XLIX of 2001) and rules made thereunder, as in
force in Pakistan
and to provide for matters connected therewith or ancillary thereto;
It is hereby enacted as follows:—
1. Short title, extent and commencement.—(1) This Act may be called the
Gilgit-Baltistan Council Income Tax (Adaptation) Act, 2012.
(2) It
extends to the whole of Gilgit-Baltistan.
(3) It
shall come into force at once.
2. Adaptation of Income Tax Ordinance, 2001
of Pakistan.—The Income Tax
Ordinance, 2001 (XLIX of 2001), hereinafter referred to as the said Ordinance,
as in force in Pakistan immediately before the commencement of this Act and all
rules made and notifications issued thereunder are adapted and shall, as far as
practicable, be in force in Gilgit-Baltistan subject to the following modifications,
namely:—
(a) the
expressions "Pakistan",
"Federal Government", and "Federal Board of Revenue" shall
respectively be construed to be references to "Gilgit-Baltistan", the
"Gilgit-Baltistan Council" and the "Board of Revenue";
(b) the expression "Provincial
Government" shall be construed to refer to the Gilgit-Baltislan
Government: and
(c) in the Second Schedule, in
Part III, after clause (14), the following new clause shall be added, namely:—
"(15) The tax
payable under Part-I of the First Schedule by an individual domiciled in
Gilgit-Baltistan and deriving income from sources within Gilgit-Baltistan shall
be reduced by 50 percent".
3. Removal of difficulty.—If any difficulty arises in giving effect to
the provisions of this Act, the Gilgit-Baltistan Council Board of Revenue may,
from time to time, make such order, not inconsistent with provisions of this
Act, as may appear to it to be necessary for the purpose of removing such
difficulty.
Passed by the Gilgit-Baltistan Council on the
21 st March, 2012.
-----------------------
GILGIT ACT NO. X OF 2012
GILGIT-BALTISTAN COUNCIL VALIDATION (ADAPTATION) ACT,
2012
An Act to adapt and to enforce the Validation
Ordinance, 2012 of Pakistan
in Gilgit Baltistan
[Gazette of Pakistan, Extraordinary, Part-I, 10th December, 2012]
No.
C-1 (2V2012 GBC—The
following Act, passed by the Gilgit-Baltistun Council on 20th September, 2012
and authenticated by the Chairman, Gilgit-Baltistan Council/Prime Minister of
Pakistan, is hereby published for general information.
WHEREAS it is necessary to adapt and to
enforce the Validation Ordinance, 2012 (VI of 2012) as in force in Pakistan
and to provide for matters connected therewith and ancillary thereto;
It is hereby enacted as follows:—
1. Short title, extent and commencement.—(1) This Act may be called the
Gilgit-Bultistan Council Validation (Adaptation) Act, 2012.
(2) It
shall extend to the whole of Gilgit-Baltistan.
(3) It
shall come into force at once.
2. Interpretation.—In this Act, unless there is anything
repugnant in the subject or context, 'previous law' shall mean a law in force in
the Gilgit-Baltistan territory immediately before the commencement of this Act
and corresponding to any law adapted by this Act.
3. Adaptation of the Validation Ordinance,
2012.—The Validation Ordinance,
2012 (VI of 2012), and all rules, notifications and orders made thereunder and
in force immediately before the commencement of this Act are adapted and shall,
as far as practicable, be in force in Gilgit-Baltistan subject to the following
modifications, namely:—
(a) the
expressions 'Government', 'Federal Government', President' or any other
expression howsoever worded, referring to any Executive Government, shall, as
far as practicable, be construed to refer to the Gilgit-Baltistan Council and reference
to Pakistan or any part of Pakistan shall be construed to refer to
Gilgit-Baltistan; and
(b) the
expression "Provincial Government' shall be construed to refer to the
Gilgit-Baltistan Government.
4. Previous laws to cease to have effect.—If immediately before the
coming into force of this Act, there is in force in Gilgit-Baltistan any law
corresponding to any law adapted by this Act, it shall, subject to the other
provisions of this Act, cease to have effect on and from the date of the
commencement of this Act:
Provided that the provisions of this Act shall not render invalid
anything duly done before the commencement of this Act under the provisions of
any previous law.
5. Removal of difficulty.—If any difficulty or
question arises in giving effect to the provisions of this Act or in regard to
the construction to be placed on any adaptation, the Council may, from time to
time, make such provisions or give such directions, not inconsistent with the
provisions of this Act, as appear to it to be necessary for the purpose of
removing such difficulty.
Passed by the Gilgit-Baltistun Council on the
20th September. 2012.
----------------------------
RULES, 2012
TAKAFUL RULES, 2012
[Gazette of Pakistan, Extraordinary, Part-II, 16th July, 2012]
S.R.O.
877 (I)/2012.—In exercise of
the powers conferred by sub-Section (1) of Section 167 of the Insurance
Ordinance, 2000 (XXXIX of 2000) read with clause (Ixiv) of Section 2 and the
second proviso to Section 120 thereof and S.R.O 708(I)/2009 dated 27 July 2009
having been previously published in the official Gazette for eliciting public
comments the Securities and Exchange Commission of Pakistan, with the approval
of the Securities and Exchange Policy Board, is pleased to make the Takaful
Rules, 2012.
CHAPTER I
PRELIMINARY
PRELIMINARY
1. Short title and commencement.—(1) These Rules shall be called the Takaful
Rules, 2012.
(2) These
Rules shall come into force at once. Existing Takaful Operators shall comply
with the requirements of these Rules within period of six months from the
notification in the Official Gazette.
2. Definitions.—(1) In these Rules, unless there is anything
repugnant in the subject or context,—
(i) "Commission"
means the Securities and Exchange Commission of Pakistan established under Section
3 of the Securities and Exchange Commission of Pakistan Act, 1997 (XLII of
1997);
(ii) "Contribution"
means the amount payable by a Participant to an Operator under a Takaful
Contract;
(iii) "Conventional
Insurance" means life or non-life insurance under the Ordinance, including
reinsurance, which is not Takaful as defined in clause (lxiv) of Section 2 of
the Ordinance and Re-Takaful;
(iv) "Family
Takaful" means Takaful for the benefit of individuals, groups of
individuals and their families, as provided under sub-section (2) of Section 3
of the Ordinance;
(v) "General
Takaful" means Takaful other than Family Takaful;
(vi) "Mudaraba
Based Contract" means a Takaful contract based on the principle of
Mudaraba;
(vii) "Ordinance"
means the Insurance Ordinance, 2000 (XXXIX of 2000);
(viii) "Operator"
means a Takaful Operator or a Window Takaful Operator, authorized under these
Rules;
(ix) "Operator
Fund" means a fund set up by a General Takaful Operator which shall
undertake all transactions which the Operator undertakes other than those which
pertain to Participant Takaful Funds set up by the Operator;
(x) "Operator
sub-fund" means a sub-fund of a statutory fund set up by a Family Takaful
Operator in which all takaful operator fees shall be credited and from which
all expenses relating to the Statutory Fund which are not charged to any
Participant Takaful Fund or Participant Investment Fund shall be debited;
(xi) "Participant"
means a person who participates in a Takaful scheme and to whom a Takaful
Contract is issued;
(xii) "Participant
Investment Fund" means a separate group of assets forming a sub-fund of a
statutory fund of a Family Takaful Operator which is to be used as a basis for
determination of the benefits payable under a Family Takaful contract;
(xiii) "Participant
Takaful Fund" means,—
(a) in the case of a Family Takaful Operator a
sub-fund of a statutory fund into which the participant's risk related
contributions are paid and from which risk related benefits are-paid out; and
(b) in the case of a General Takaful Operator a
separate fund set up into which the participant's risk related contributions
are paid and from which risk related benefits are paid Out;
(xiv) "Participants'
Membership Documents" means the documents detailing the benefits and
obligations of a Participant under a Takaful Contract;
(xv) "Principal
Officer" means a person, by whatever designation called, appointed by a
Takaful Operator and charged with the responsibility of managing the affairs of
the Takaful Operator;
(xvi) "Registered
Insurer" means an insurer registered with the Commission under Section 7
of the Ordinance to transact life or non-life insurance business;
(xvii) "Re-Takaful"
means an arrangement for re-Takaful of liabilities in respect of risks accepted
by the Operator in the course of carrying on Takaful business and includes
ceding risks from Participant Takaful Funds to Re-Takaful Operator(s);
(xviii) "Shariah
Advisor" means a person appointed by an Operator under rule 26;
(xix) "Shariah
Advisory Board" means the Shariah Advisory Board constituted by, the
Commission;
(xx) "Takaful
Benefit" includes any benefit, whether pecuniary or otherwise, which is
secured by a Takaful Contract;
(xxi) "Takaful
Contract" means any contract of Family Takaful or General Takaful;
(xxii) "Takaful
Operator" means a Registered Insurer who is authorized by the Commission
to carry on Takaful business and not Conventional Insurance business;
(xxiii) "Wakala
based contract" means a Takaful contract based on the principle of Wakala
(agency); and
(xxiv) "Window
Takaful Operator" means a Registered Insurer authorized under these Rules
to carry on Takaful business as window operations in addition to Conventional
Insurance business.
(2) Words and expressions used but not defined in
these Rules shall, unless there is anything repugnant in the subject or
context, have the same meaning as are assigned to them in the Ordinance.
CHAPTER II
AUTHORIZATION AND CONDITIONS TO TRANSACT
TAKAFUL BUSINESS
AUTHORIZATION AND CONDITIONS TO TRANSACT
TAKAFUL BUSINESS
3. Prohibition to engage in Takaful Business
without authorization.—(1)
No person shall begin or continue to carry on Takaful business in Pakistan or
use the word "Takaful" or undertake any activity in the nature of Takaful
business, unless such person has obtained from the Commission a certificate of
authorization to carry on Takaful business as Takaful Operator or as Window Takaful
Operator, as the case may be, under these Rules:
Provided that the Takaful Operators
registered under the Ordinance prior to the issuance of these Rules shall
continue to carry on Takaful business and shall deemed to be authorized under
these Rules.
(2) The
issue of investment linked policies by life insurers transacting Conventional
Insurance business where the underlying assets to which the value of such
policies are linked are Shariah compliant shall not be deemed to constitute
carrying on Takaful business.
4. Persons eligible to transact Takaful
Business.—(1) No person other
than a Registered Insurer and authorized in this behalf under these Rules shall
be eligible to transact Takaful business.
(2) A
Registered Insurer registered to transact life insurance business shall be
eligible to transact Family Takaful and a Registered Insurer registered to transact
non life insurance business shall be eligible to transact General Takaful.
(3) All
provisions of the Ordinance and insurance rules pertaining to life insurance
business shall be deemed to apply to Family Takaful business and all provisions
of the Ordinance and insurance rules pertaining to non-life insurance business
shall be deemed to apply to General Takaful business.
5. Application for Authorization as Takaful
Operator.—(1) An application
for authorization as a Takaful Operator shall be made to the Commission in such
form along with such documents and information as may be specified from time to
time.
(2) The
Commission, while considering the application for authorization, may require
the applicant to furnish such further information or clarification as it deems
necessary.
(3) Any
subsequent change in the information provided to the Commission at the time of
filing of application under sub-rule (1) shall be intimated to the Commission
within fourteen days of the occurrence of change.
(4) The
applicant shall, if so required, appear before the Commission for a
representation through an officer duly authorized for this purpose in writing
by the board of directors of the applicant.
6. Application for Authorization as Window
Takaful Operator.—(1) An
application for authorization as a Window Takaful Operator shall be made to the
Commission in such form along with such documents and information as may be
specified from time to time.
(2) The
Commission, while considering the application for authorization, may require
the applicant to furnish such further information or clarification as it deems
necessary.
(3) Any
subsequent change in the information provided to the Commission at the time of
filing of application under sub-rule (1) shall be intimated to the Commission
within fourteen days of the occurrence of change.
(4) The
applicant shall, if so required, appear before the Commission for a
representation through an officer duly authorized for this purpose in writing
by the board of directors of the applicant.
7. Transformation of a non-life insurer into
a Takaful Operator.—(1) If
in case a conventional non-life insurer wishes to transform its conventional
business into Takaful business, it shall inform the Commission in writing about
its intention for such transformation. The Commission shall on fulfillment of
certain requirements, as may be specified from time to time, authorize the
Registered Insurer as a Takaful Operator under Rule 9.
(2) The
registered insurer after being authorized as Takaful Operator, shall cease to
underwrite Conventional Insurance products immediately and shall be responsible
to cover all liabilities incidental to its conventional business.
(3) Till
such time the liabilities related to the Conventional Insurance business of
such a transformed Takaful Operator are fully paid off, it shall be reported in
the Operator Fund of the Takaful Operator.
8. Refusal to grant authorization.—(1) No application for authorization made
under rule 5 or rule 6 shall be refused without giving the applicant a
reasonable opportunity of being heard.
(2) In
case the Commission refuses to grant authorization to an applicant, the
decision shall be communicated to the applicant in writing stating therein the reasons
for such refusal.
(3) The
applicant, being aggrieved by the decision of the Commission under sub-rule
(2), may apply, within a period of thirty days from the date of receipt of such
communication, to the Commission for review of its decision.
(4) On
receipt of the application made under sub-rule (3), the Commission shall review
its decision and communicate its findings, in writing, to the applicant within
thirty days and the decision of the Commission in this regard shall be final.
9. Grant of authorization.—(1) The Commission on being satisfied, that
the applicant under rule 5 (1) or rule 6 (1), as the case may be, is eligible
for authorization and has complied with the requirements of the Ordinance and
these Rules, may grant a certificate of authorization to the applicant in Form
A or Form B respectively annexed to the rules.
(2) The
Commission may, while authorizing an applicant as a Takaful Operator or Window
Takaful Operator, specify conditions for such authorization to be complied with
by the Takaful Operator or Window Takaful Operator in such manner, as it may
deems fit.
(3) The
certificate of authorization shall remain valid unless it is revoked or
suspended by the Commission.
(4) Nothing
in this rule shall prevent the Commission from exercising the powers available
to it under Section 63 of the Ordinance to direct an Operator to cease entering
into new Takaful Contracts.
10.
Conditions applicable to Operator.--(1) An Operator,—
(a) shall appoint a Shariah
Advisor in accordance with the provisions of these Rules;
(b) shall appoint a Shariah
compliance auditor in accordance with the provisions of these Rules;
(c) shall appoint a Shariah
compliance officer in accordance with the provisions of these Rules;
(d) carrying on Family Takaful
business shall set up one or more statutory funds exclusively for Takaful
business;
(e) carrying on Family Takaful
business shall divide each statutory fund set up for Takaful business into a
number of sub-funds namely Participant Takaful Funds, an Operator sub-fund and
in case of investment contracts a Participant Investment Funds;
(f) carrying on General
Takaful business shall set up one or more Participant Takaful Funds and an
Operator Fund;
(g) shall ensure that all
investments made for the purposes of Takaful business are made in accordance
with the investment policy approved by its Shariah Advisor;
(h) shall ensure that assets
and liabilities of each Participant Takaful Fund and each Participant
Investment Fund are segregated from its other assets and liabilities;
(i) shall ensure that
receipts to and payments from each Participant Takaful Fund are made in
accordance with the provisions of these Rules;
(j) shall ensure that the
Participant Takaful Fund, at all times, carry reserves as may be specified by
the Commission;
(k) shall ensure that in case
of General Takaful each Participant Takaful. Fund, at all times, has admissible
assets in excess of its liabilities:
Explanation: For
this purpose any amount receivable from the Operator shall be deemed to be
inadmissible.
(l) shall ensure that in case
of Family Takaful each Statutory Fund is in compliance with the solvency
requirements under the Ordinance:
Explanation: For
this purpose any amount receivable from the Shareholders Fund or any Operator
sub-fund shall be deemed to be inadmissible.
(m) shall ensure that the
benefits and obligations of each Participant under a Takaful Contract are
documented in a Participant Membership Document;
(n) shall manage each
Participant Takaful Fund in accordance with the provisions of these Rules;
(o) shall formulate detailed
policies for each Participant Takaful Fund with the approval of its Shariah
Advisor;
(p) shall provide funds by way
of qard-e-hasna to the Participant Takaful Fund in accordance with the
provisions of these Rules;
(q) shall determine surplus or
deficit in each Participant Takaful Fund in accordance with the provisions of
these rules;
(r) shall set the fee
structure and the profit sharing ratio for investment management in accordance
with the provisions of these Rules on the advice of the Shariah Advisor and in
case of Family Takaful with the approval of the appointed actuary also; and
(s) shall
accept risk under, re-takaful or participate on co-takaful basis, only where
the policy is issued by an Operator as Takaful Contract under these Rules:
Provided that the Operator may, with
the approval of its Shariah Advisor, be allowed to participate on co-insurance
basis with conventional insurers up till December 31, 2013.
(2) An
Operator shall not,—
(a) distribute
any material to any person on the extent to which the products of other
Operators are compliant with Shariah; and
(b) make
payment out of Participant Takaful Fund for marketing or sales expenses
(including commissions), administrative and management expenses.
11. Further Conditions applicable to Window
Takaful Operator.—(1) In
addition to the conditions under Rule 10, a Window Takaful Operator,—
(a) shall
ensure that all its documents pertaining to the takaful operations shall carry
the words "Window Takaful Operations" prominently below the company's
name;
(b) shall
report its assets, liabilities, revenues and expenses separately for each
segment of its Conventional business and Takaful business;
(c) shall
comply with the provisions of these Rules or such other conditions as may be
imposed by the Commission from time to time;
(d) shall
appoint a whole time head of window takaful operations who shall possess
relevant experience and knowledge as may be specified by the Commission and
shall not be associated with the conventional insurance operations, in any
manner.
12. Revocation of Authorization.—(1) The Commission may by order suspend or
revoke the authorization of an Operator either wholly or in respect of a class
of business, as the case may be, if it is satisfied that,—
(a) the
Operator is carrying on its operations in a manner which is not approved by its
Shariah Advisor;
(b) the
Operator has not commenced business within twelve months after being
authorized;
(c) the
Operator has ceased to carry on Takaful business;
(d) the
Operator has failed to maintain a surplus of admissible assets over liabilities
in each Participant Takaful Fund, in case of General Takaful business in
accordance with the provisions of these Rules;
(e) the
Operator has failed to comply with solvency requirements in case of Family
Takaful;
(f) the
Operator is carrying on its Takaful business in a manner likely to be
detrimental to the interests of its Participants;
(g) the
Operator has failed to effect adequate Re-Takaful arrangements;
(h) the
Operator is contravening or has contravened the provisions of the Ordinance,
rules, regulations made thereunder;
(i) the
Operator has furnished false, misleading or inaccurate information or has
concealed or failed to disclose material facts in its application for
authorization;
(j) it
is in the public interest to cancel the authorization.
(2) No
orders shall be made under sub-rule (1) except after giving the Operator, a
reasonable opportunity of being heard.
CHAPTER III
CONDUCT OF TAKAFUL BUSINESS
CONDUCT OF TAKAFUL BUSINESS
13.
Establishment of Participant Takaful
Fund.—(1) An Operator shall,
for each Participant Takaful Fund, formulate Participant Takaful Fund Policies
defining:—
(a) risks
being covered, specifically with reference to classes of business defined in
Section 4 of the Ordinance (relating each such risk with classes of business as
defined in Section 4 of the Ordinance);
(b) the
events upon which amounts would be payable from the Participant Takaful Fund to
a participant and the method of determination of the amount payable;
(c) expenses
which may be charged to the Participant Takaful Fund;
(d) the
method and frequency of determining surpluses or deficits of the Participant
Takaful Fund, including a definition of how any reserves being set aside in
determining such surpluses or deficits are to be arrived at;
(e) the
method of disposing of any surplus;
(f) the
method of extinguishing any deficit; and
(g) the
procedure of dissolution of Participant Takaful Fund.
(2) The
Participant Takaful Fund Policies shall be approved, by the Shariah Advisor of
the Operator. A copy of the Participant Takaful Fund policy relevant to, each
Takaful Contract shall be made available to any Participant who requests a copy
and shall also be available on the Takaful Operator's web-site.
(3) Copies
of the Participant Takaful Fund Policies shall be provided to the Commission at
least fifteen days before any risk is accepted in any new Participant Takaful
Fund and for all existing Participant Takaful Funds, the Participant Takaful
Fund policy documents shall be submitted to the Commission within ninety days
of coming into effect of these Rules.
14. Establishment of Participant Investment
Funds.—An Operator carrying
on Family Takaful business and issuing contracts which have an investment component
shall establish one or more Participant Investment Funds which will be sub-funds
of a statutory fund set up for conducting Takaful business.
15. Participant Membership Document.—(1) The benefits and obligations of each
Participant under a Takaful Contract shall be documented in a Participant
Membership Document detailing therein the terms and conditions relating to the
relationship amongst the Participants and between the Participants and the Takaful
Operator including the following:
(a) rights
and obligation of Participants;
(b) procedure for division of
Contribution between Participant Takaful Funds, Participant Investment Funds
and Operator fund/sub-fund;
(c) method
for determination of fees and/or share of investment income payable to the
Operator;
(d) procedure
for and timing of transfer of funds between Participant Takaful Funds,
Participant Investment Funds and Operator fund/sub-fund;
(e) procedure
for claims and payment of Takaful Benefits and the method of determining such
benefits, including, if applicable, any limitations and exclusions;
(f) in
case of Family Takaful contracts, the procedure for pooling of moneys for
investment purposes under the Participant Investment Fund; and
(g) terms
and conditions on which the Operator will manage the Participant Takaful Fund
and Participant Investment Fund.
16. Register of Takaful Contracts.—Each Operator shall maintain
a register of Takaful Contracts in such form as may be specified by the
Commission and shall be kept at its principle place of business.
17. Segregation of Contributions and Funds-General Takaful.—(1) All Contributions
recognized under General Takaful contracts, net of any Government levy, shall
be credited to one or more Participant Takaful Funds.
(2) All Contributions into a
Participant Takaful Fund shall be deposited in a bank account designated as
belonging to the Participant Takaful Fund or be paid across to such an account
within seven days of receipt.
(3) All income received on
assets of a Participant Takaful Fund and receipts from Re-Takaful operators
relating to the Participant Takaful Fund shall be deposited in bank accounts
designated as belonging to the Participant Takaful Fund or be paid across to
such account within seven days of receipt.
(4) All assets, liabilities,
income and expenditure of a General Takaful Operator which do not relate to a
Participant Takaful Fund shall be deemed to be part of the Operator's Fund.
18. Segregation of Contributions and Fund-Family Takaful.—(1) Contributions under
Family Takaful Contracts, net of any Government levy, shall be segregated into
the risk component and takaful operator's fee, and, if relevant, the investment
component.
(2) The risk component shall be
credited to one or more Participant Takaful Funds; the takaful operator's fee
to an Operator sub-fund and any investment component to one or more Participant
Investment Funds.
(3) The determination of each
component shall be in accordance with provisions of each Family Takaful
Contract.
(4) All Contributions credited
to a Participant Takaful Fund or Participant Investment Fund shall be deposited
in a bank accounts designated as belonging to Participant Takaful Fund and
Participant Investment Fund or paid across to such account within seven days of
receipt.
(5) All income received on
assets of a Participant Takaful Fund and receipts from Re-Takaful operators
relating to the Participant Takaful Fund shall be deposited in bank account designated
as belonging to the Participant Takaful Fund or be paid across within seven
days of receipt.
(6) All income received on assets
of a Participant Investment Fund shall be deposited in bank account designated
as belonging to the Participant Investment Fund or be paid across within seven
days of receipt.
19. Receipt, Payment, and Reserves to be Held in
Participant Takaful Funds.—(1) The receipts of a Participant Takaful Fund shall consist
of the following, namely:—
(a) Contributions
from Participants (in the case of a Family Takaful Operator, net of any amounts
credited directly to Participant Investment Funds or the Operator sub-fund);
(b) share
of claims from Re-Takaful operators;
(c) investment
income generated by the investment of funds retained in the Participant Takaful
Fund;
(d) in
the case of General Takaful, salvages and recoveries;
(e) qard-e-hasna;
(f) rebate/commission
from re-Takaful operators/reinsurers;
(g) share
of surplus from Re-Takaful operators; and
(h) any
donation made by the shareholders of the Operator.
(2) The
payments from a Participant Takaful Fund shall consist of the following,
namely:—
(a) any
third party costs directly associated with underwriting (specifically medical
examination, pre-cover inspection/surveys, costs of installing tracking systems
or any consulting costs related with assessing or reducing the risks being
covered), if it has been earlier credited to the Participant Takaful Fund;
(b) claims
paid related to risks covered under the Participant Takaful Fund and expenses
directly related to settlement of claims such as surveyors' and investigators'
fees, etc;
(c) Re-Takaful
and reinsurance contributions;
(d) Takaful
operator's fees if it has been credited to the Participant Takaful Fund;
(e) share
of investment profits of the mudarib or wakala fees for investment management
or any other combination thereof approved by the Appointed actuary in the case
of Family Takaful operator and Shariah Advisor of the General Takaful Operator;
(f) surplus
distributed to Participants;
(g) refund
of any Contribution due to Participants; and
(h) return
of qard-e-hasna to the Operator fund / Operator sub-fund.
20. Qard-e-hasna.—(1) In the case of a General Takaful if, at any point in time
admissible assets in a Participant Takaful Fund are not sufficient to cover liabilities
, the deficit shall be funded by way of actual transfer of funds as.
qard-e-hasna (interest free loan) from the Operator's Fund to that Participant Takaful
Fund.
(2) In the case of Family
Takaful if, at any point in time a Statutory Fund is not solvent as per the
provisions of the Ordinance, the deficit shall be funded by way of actual
transfer of funds as qard-e-hasna (interest free loan) from the Shareholders'
Fund to that Statutory Fund.
(3) In the event of surplus in a
Participant Takaful Fund to which a Qard-e-Hasna has been made, the
Qard-c-hasna shall be repaid prior to distribution of surplus to Participants.
(4) If there is deficit in a
Participant Takaful Fund for three consecutive years, the Operator shall submit
a report signed by the Principal Officer in case of General Takaful and by the
appointed actuary also in case of Family Takaful, to the Commission within 30
days of the submission of the regulatory returns under Section 46(1) of the
Ordinance explaining the reasons thereof.
21. Sharing of surplus.—(1) At the end of each financial year the Operator
shall evaluate the assets and liabilities of each Participant Takaful Fund and
determine whether the Participant Takaful Fund is in surplus or deficit.
(2) A Family Takaful operator
shall formulate the mechanism for determination and distribution of surplus
duly approved by its appointed actuary, he surplus distribution frequency &
its mechanism shall be prepared by the appointed actuary in case of the Family
Takaful operator.
(3) Subject to sub-rule (2) the
surplus distribution mechanism shall specify the frequency, method, entitlement
conditions, basis and form of surplus distribution.
(4) In the case of General
Takaful operators, the operator shall formulate the surplus distribution
mechanism for distribution of surplus.
(5) The Commission may specify
the surplus distribution mechanism for general takaful operators.
(6) A Participant may donate its
surplus for social or charitable purposes and may request the Operator to
arrange for the transfer of the donation.
22. Investment management of funds.—Investment of Contributions in
the Participant Takaful Fund and in the Participant Investment Fund shall be managed
under a wakala contract, a Modaraba contract or a combination contract as
determined to be sound and workable by the Shariah Advisor of the Operator.
23. Re-Takaful.—(1) An Operator shall have adequate Re-Takaful arrangements
for Re-Takaful of liabilities in respect of risks undertaken or to be undertaken
by the Operator in the course of its carrying on Takaful business.
(2) In the event that the limit
provided by a Re-Takaful Operator is not sufficient to support the business
strategy of the Takaful Operator, the Takaful Operator under the advice of its
Shariah Advisor may be allowed to enter into reinsurance contracts with
conventional reinsurance companies till December 31.2013.
Part IV
WINDOW TAKAFUL OPERATIONS
24. Transfers of funds by Conventional Insurer
into Takaful Business Statutory Funds, Participant Takaful Funds and
Participant Investment Funds.—(1)
A Conventional Insurer carrying on life Insurance business and authorized by
the Commission as Window Takaful Operator for Family Takaful may transfer funds
from Shareholders1 Fund to the statutory fund for its Takaful business.
(2) A
Conventional Insurer carrying on non-life Insurance business and authorized by
the Commission as Window Takaful Operator may transfer funds from Operator Fund
to a Participant Takaful Fund.
Part V
COMPLIANCE WITH PRINCIPLES OF SHARIAH
25. Shariah Advisory Board.—(1) The Commission may establish a Shariah
Advisory Board consisting of such number of members as may be decided by the
Commission.
(2) The
Shariah Advisory Board will be responsible to formulate policies and guidelines
for operation and management of Takaful business in line with Shariah principles.
(3) If
in the opinion of the Commission different treatment for a similar operational
issue is adopted by various operators, with the approval of their Shariah Advisor,
the matter shall be resolved by the Shariah Advisory Board and the findings of
the Shariah Advisory Board shall be final.
(4) The
Commission may assign any other responsibility to the Shariah Advisory Board
from time to time.
26. Shariah Advisor.—(1) Each Operator shall appoint a Shariah
Advisor who shall be responsible for:
(a) the
approval of products including all related documentation;
(b) approval
of Participant Takaful Fund policy;
(c) approval
of investment policy;
(d) approval
of Re-Takaful arrangements; and
(e) approval
for the distribution of surplus to participants.
(2) Each
Operator shall obtain prior approval from the Commission for appointment of its
Shariah Advisor at the time of commencing Takaful business and at later dates
if there is a change.
(3) The
Commission may within thirty days of such submission based on reasonable
grounds, require an Operator to change its Shariah Advisor.
(4) The
Shariah Advisor, in discharging his responsibilities under sub-rule (1), shall
ensure adherence to conditions specified by the Commission upon the advice of
the Shariah Advisory Board on all matters.
(5) Where
an Operator is required to file a document with the Commission which requires
prior approval of the Shariah Advisor, the Operator shall along with the
requisite document annex the approval of the Shariah Advisor.
(6) the
minimum qualification and experience of the Shariah Advisor of the takaful
operators/window takaful operators shall be as follows:
(a) Educational
Qualification:
Shahadat ul Aalmia
Degree (Dars e Nizami) from Madaris recognized by the Higher Education
Commission of Pakistan with a certificate in Takhasus fil Ifta/Takhasus fil
Fiqh and adequate knowledge of Islamic finance and takaful.
(b) Experience
and Exposure:
Must have at least 4
years experience of giving Shariah rulings including the period of Takhasus fil
Ifta or Takhasus fil fiqa and must also have sufficient command over English
language and applicable Pakistani laws.
(7) A person cannot work as Shariah Advisor
at a time for more than three Operators in Pakistan.
27. Shariah Compliance Officer.—(1) An Operator shall appoint with the advice
of the Shariah Advisor, a Shariah compliance officer.
(2) The
Shariah compliance officer shall ensure that all the policies formulated and
approved by the Shariah Advisor are implemented in the operations of the
Operator.
(3) The
Shariah compliance officer shall directly report to the Shariah Advisor of the
Operator and cannot be removed without his permission.
Part IV
MISCELLANEOUS
28. Training.—(1) Each Operator shall provide training to
all its managerial level personnel and entire sales force on the concept and
operations of Takaful.
(2) The
operator may arrange an in house training program with prior approved training
course outline from the Commission and the Operator can also get their
managerial level personnel and sales force trained through institutions approved
by the Commission to provide this training.
(3) Such
training course shall be conducted for a minimum of twenty hours duration.
(4) The
training course referred in sub rule (1) should be completed within one year,
in case of existing employees and from the date of notification of these Rules
and in case of new employees from the date of their induction.
29. Accounting and Reporting.—(1) The Commission shall issue accounting
regulations for accounting treatments for Takaful operations of the Operators.
(2) For
the purposes of sub-sections (1) and (2) of Section 46 of the Ordinance the
statements shall be furnished in the form as may be specified by the
Commission.
30. Shariah Compliance Audit.—(1) An Operator shall appoint an external
Shariah compliance auditor who will conduct its audit for each accounting period.
(2) The
Shariah compliance audit shall report on the state of compliance by the
Operator with the requirements of these Rules.
(3) The
Shariah Compliance auditor shall submit its report on Shariah audit of the
Operator to the Board of Directors and Shariah Advisor of the Operator and to
the Commission along with the regulatory returns furnished under Section 46 of
the Ordinance.
(4) Auditors
as defined under sub-section (v) of Section 2 of the Ordinance, having adequate
resources to conduct Shariah audit shall be eligible to carry on Shariah
compliance audit.
31. Repeal and savings.—(1) Takaful Rules, 2005 are hereby repealed.
(2) Save
as otherwise specifically provided, nothing in these Rules, or any repeal
effected thereby, shall affect or be deemed to affect anything done, action
taken, investigation or proceedings commenced, order, appointment, conveyance,
mortgage deed, document or agreement made, fee directed, resolution passed,
direction given, proceedings taken or instrument executed or issued, under or
in pursuance of any rules or notifications repealed by these Rules and any such
thing, action, investigation, proceedings, order, appointment, conveyance,
mortgage deed, document, agreement, fee, resolution, direction, proceedings or
instrument shall if in force at the coining into force of these Rules and not
inconsistent with any of the provisions of these Rules, continue to be in
force, and have effect as if it were respectively done, taken, commenced, made,
directed, passed, given, executed or issued under these Rules.
------------------------
FORM-A
[See Rule 5 of the Takaful Rules, 2012]
SECURITIES AND EXCHANGE COMMISSION OF PAKISTAN
Authorization Reference No ………………………..
AUTHORISATION UNDER RULE 5 OF THE TAKAFUL RULES, 2012 TO ACT AS A
TAKAFUL OPERATOR
The Securities and Exchange Commission of
Pakistan having considered the application for grant of authorization filed
under Rule 5 of the Takafur Rules, 2012 by …………………………………….. bearing Insurance
Registration #..............................dated………………..and now being satisfied
that the said company is eligible to transact Family / general Takaful
business, hereby grants, in exercise of powers conferred under Rule 9 of the
Takaful Rules 2012, authorization to transact classes of Family / general
Takafuf business as specified herein below.
Executive Director
Date/Place of Issue…………………………..
Classes of business which may be transacted:
………………………………………
………………………………………
………………………………………
………………………………………
FORM-B
[See Rule 6 of the Takaful Rules, 2012]
SECURITIES AND EXCHANGE COMMISSION OF PAKISTAN
Authorization Reference No……………………….
AUTHORISATION
UNDER RULE 6 OF THE TAKAFUL RULES, 2012 TO UNDERTAKE TAKAFUL WINDOW OPERATION
IN RESPECT OF FAMILY OR GENERAL TAKAFUL PRODUCTS
The Securities and Exchange Commission of
Pakistan having considered the application for grant of authorization filed
under Rule 6 of the Takaful Rules, 2012 by……………………..bearing Insurance
Registration #..................dated………………………..and now being satisfied that
the said company is eligible to transact Window Takaful Operation in respect of
Family or General- Takaful products, hereby grants, in exercise of powers
conferred under Rule 9 of the Takaful Rules 2012, authorization to transact
classes of Window Takaful business in respect of Family / General Takaful
products as specified herein below.
Executive
Director
Date/Place of Issue………………………….
Classes of
business which may be transacted:
………………………………………
………………………………………
………………………………………
………………………………………
---------------------------------
ACT NO. XVII OF 2013
GLOBAL CHANGE IMPACT STUDIES CENTRE
ACT, 2013
ACT, 2013
An Act to provide for establishment of Global
Change Impact Studies Centre
[The Gazette of Pakistan, Extraordinary, Part-I, 26th March, 2013]
No.
F. 9(8)/2013-Legis.—The
following Act of Majlis-e-Shoora (Parliament) received the assent of the President
on 22nd March, 2013,
is hereby published for general information:—
WHEREAS significant climate change is taking
place due to human interference with nature which is resulting in global
warming and occurrence of extreme events such as floods, droughts, tornadoes,
etc. with far-reaching consequences for human life;
AND WHEREAS, it is expedient to provide for
the establishment of Global Change Impact Studies Centre (GCISC) to undertake
scientific investigations of the phenomenon of climate change at regional and
sub-regional levels and study its impact on various sectors of socio-economic
development in order to prepare the country to meet threats to its water
resources, agriculture, ecology, energy, health, bio-diversity etc, and for
matters connected therewith or ancillary thereto;
It is hereby enacted as under:—
CHAPTER I
PRELIMINARY
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the Global Change
Impact Studies Centre Act, 2013.
(2) It
extends to the whole of Pakistan,
(3) It
shall come into force at once.
2. Definitions.—In this Act, unless there is anything
repugnant in the subject or context,—
(a) "Board"
means the Board of Governors established under Section 5;
(b) "Centre"
means the Global Change Impact Studies Centre (GCISC) established under section
3;
(c) "Chairman"
means the Chairman of the Board;
(d) "employees"
means persons employed by the Centre;
(e) "Executive
Director" means the Executive Director of the Centre appointed under Section
9;
(f) "Fund"
means the Global Change Impact Studies Centre Fund established under Section
10;
(g) "prescribed"
means prescribed by rules; and
(h) "research
studies" means theoretical or experimental research work, including
modeling and simulation techniques undertaken to acquire knowledge of
fundamental principles of the climate change phenomenon and its impacts.
CHAPTER II
GLOBAL CHANGE IMPACT STUDIES CENTRE
GLOBAL CHANGE IMPACT STUDIES CENTRE
3. Establishment of the Global Change Impact
Studies Centre.—(1) There
shall be established a Global Change Impact Studies Centre (GCISC), to carry
out the purposes and objectives of this Act.
(2) The
Centre shall be a body corporate, having perpetual succession and a common
seal, with power to acquire and hold property, both moveable and immoveable,
and sue and be sued in its own name.
(3) The
headquarters of the Centre shall be at Islamabad
and it may establish its regional offices at such places as it may consider
appropriate.
(4) The
Centre shall keep close liaison with the corresponding Province level Centres
as and when they are established. The Centre shall also help in the capacity
building of such Provincial institutions.
4. Functions of the Centre.—(1) The Centre shall take all measures to
accelerate research work necessary for the study of climate change and its impacts
on various sectors of socio-economic development such as water resources, agriculture,
ecology, energy, health, bio-diversity, etc.
(2) The
Centre shall, in order to carry out its functions,—
(a) prepare
and submit for approval of the Board schemes or projects, including joint
projects with national, foreign or international entities;
(b) proceed
to give effect to proposals, schemes or projects as approved by the Board;
(c) enter
into collaboration and joint ventures with domestic and foreign entities for
research studies related to the climate change phenomenon;
(d) hold
seminars, conferences, workshops, training courses, etc., and publish research
papers, etc;
(e) advise
and recommend to government agencies sectoral guidelines for adaptation and
mitigation efforts in relation to climate change;
(f) generate
public awareness of the phenomenon of climate change and its likely impacts;
and
(g) perform
such other acts as may be necessary for achievement of the purposes of this
Act.
CHAPTER III
MANAGEMENT AND ADMINISTRATION OF THE CENTRE
MANAGEMENT AND ADMINISTRATION OF THE CENTRE
5. Board of Governors.—(1) The general direction and administration
of the Centre and its affairs shall vest in the Board of Governors which shall
determine and execute policies of the Centre and may exercise all powers and do
all acts, which may be required to be exercised or done by the Centre, relating
to its functions, in accordance with this Act.
(2) For
furthering the functions of the Centre, the Federal Government may, as and when
it considers necessary, issue directives to the Centre on matters of policy. If
a question arises as to whether any matter is a matter of policy or not, the
decision of the Federal Government thereon shall be final.
(3) The
Board shall consist of the Chairman who shall be the Federal Minister-in-charge
of the concerned Ministry dealing with the subject of climate change, ex-officio
members and the following members to be appointed by the Federal Government,—
(a) Secretary, Ministry dealing with the
subject of climate change Vice-Chairman
subject of climate change Vice-Chairman
(b) Secretary, Ministry of Finance Member
(c) Secretary, Ministry of Science
and Technology Member
and Technology Member
(d) Secretary, Ministry of Water and Power Member
(e) Secretary, Ministry dealing with the
subject of national food security and
research Member
subject of national food security and
research Member
(f) Secretary, Ministry of Industries Member
(g) Director
General, Pakistan
Meteorological
Department Member
Department Member
(h) Chairman, Space and Upper Atmosphere
Research Commission. Member
Research Commission. Member
(i) Secretary, Environment or of the relevant
Department and one Technical Expert
nominated by respective Provincial
Governments, Azad Government of the
Jammu and Kashmir and Gilgit-Baltistan Member
Department and one Technical Expert
nominated by respective Provincial
Governments, Azad Government of the
Jammu and Kashmir and Gilgit-Baltistan Member
(j) three eminent scientists Members
(k) two eminent representatives from
private Sector Members
private Sector Members
(l) Executive Director of the Centre Member
(4) In
absence of the Chairman, the Vice-Chairman shall exercise powers of the
Chairman.
(5) The
Executive Director shall act as the Secretary of the Board.
(6) The
Federal Government may vary constitution of the Board as and when it may deem
appropriate.
6. Functions and powers of the Board.—The Board shall—
(a) have
administrative and financial powers for operation and maintenance of the Centre
and to perform all functions vested in the Centre; and
(b) oversee
administrative and financial operation and maintenance of the Centre and for
that purposes perform the following functions, namely:—
(i) delegate administrative and financial
powers to various functionaries of the Centre in the manner prescribed;
(ii) prescribe service rules, recruitment rules,
selection criteria, terms and conditions in all cadres for regular appointment
or short term contract engagements for junior, middle and senior level
professionals, consultants, experts and advisers in the fields relevant to the
programmes and other employees of the Centre;
(iii) approve the budget estimates as per
provision in the budget of the Centre and utilization of funds on annual basis
and exercise the powers in accordance with the rules, procedures and
instructions specified by the Federal Government;
(iv) approve creation of posts in the Centre;
(v) prescribe rules for training and lay down
terms and conditions for training of employees of the Centre; and
(vi) monitor and approve progress reports prior
to their submission to the Federal Government.
7. Terms of office of members.—(1) The members, other than ex-officio
members, shall be appointed for a period of three years by the Federal Government
and shall be eligible for re-appointment for one more term of three years.
(2) The
members, other than ex-officio members, may at any time resign their offices by
a letter addressed to the Federal Government, through the Chairman of the
Board, provided that no resignation shall take effect until accepted by the Federal
Government.
(3) An
ex-officio member of the Board shall cease to be a member when he ceases to
hold that office or post by virtue of which he was an ex-officio member.
(4) The
Federal Government may at any time terminate the appointment of any nominated
member without assigning any reason.
8. Meetings of the Board.—(1) The Board shall regulate procedure for
its meetings.
(2) The
meeting of the Board shall be convened and chaired by the Chairman and, in his
absence, by the Vice-Chairman, on such date, time and place as may be specified
by him, provided that—
(a) meeting
shall be held on quarterly basis; and
(b) at
least two weeks prior notice shall be given to the members specifying date,
time and place of the meeting.
(3) The
annual report and the accounts of the Centre for each financial year shall be
submitted at a meeting of the Board to be held within six months of the close
of that year for approval, adoption and record.
(4) The
quorum of the meeting of the Board shall be fifty per cent of the total
membership.
(5) All
decisions at a meeting of the Board shall be by a majority vote of the members
present and voting, and in case of a tie, Chairman shall exercise a casting
vote.
(6) Any
emergent business may be transacted by the Board by circulation among its
members and any proposal so circulated and approved by a majority of the
members shall be deemed to have been approved by the Board in its regular meeting.
(7) All
orders, resolutions, determinations and decisions of the Board shall be
properly recorded in writing by the Secretary of the Board for the approval of Chairman
and circulation to the members.
9. Executive Director.—(1) There shall be an Executive Director of the
Centre who shall be its chief executive officer. He shall be a person with
extensive relevant education, technical and administrative experience and shall
be appointed on contract basis in such manner and on such terms and conditions
as may be prescribed.
(2) The Executive Director shall—
(a) exercise
administrative and financial powers as delegated by the Board for the operation
and maintenance of the Centre. He shall also have the powers as given by the
Board to supervise preparation and disbursement of budget of the Centre;
(b) submit
annual accounts and budget proposals for approval of the Board;
(c) organize
international and national conferences, training courses and seminars.
(d) prepare
annual reports and such other reports as may be required for consideration by
the Board;
(e) ensure
implementation of the decisions of the Board; and
(f) exercise
such other financial and administrative powers as may be delegated to him by
the Board.
CHAPTER IV
FINANCIAL PROVISIONS
FINANCIAL PROVISIONS
10. Global Change Impact Studies Centre Fund.—(1) There shall be a Fund to be known as the
Global Change Impact Studies Centre Fund. The Fund shall vest in the Centre and
shall be used by the Centre to meet its expenses.
(2) The
Fund shall comprise,—
(a) such sums as the Federal
Government may allocate to the Centre in the annual budget;
(b) grants or loans from the
Federal Government and the Provincial Governments, or other such institutions
or states with approval of the Federal Government;
(c) income from investments,
royalties and receipts from other sources and donations, etc;
(d) donations,
gifts, bequests, etc; and
(e) all
other sums which may by any manner become payable to or vest in the Centre in
respect of any matter.
(3) The
Centre shall exercise highest standards of prudence as far as expenditures are
concerned.
11. Budget.—The Centre, with approval of the Board, shall, by such date in each
year as may be prescribed, submit to the Federal Government for approval, a
budget in the prescribed form for each financial year showing estimated expenditure
and the sums which are likely to be required from the Federal Government during
that financial year.
12. Pay scales.—The employees of the Centre shall be given
Special Pay Scales (SPS) and shall also be entitled for any time to time
increases, allowances or revisions in salary as are allowed to the employees of
other organizations drawing SPS.
13. Maintenance of accounts.—The Centre shall ensure proper maintenance of
accounts and shall after the end of each financial year prepare a statement of
accounts which shall include a balance sheet and an account of government funds
receipt and expenditure.
14. Audit.—The accounts of the Centre shall be audited each year by the
Auditor-General of Pakistan,
in accordance with relevant rules of the Centre and other applicable laws.
CHAPTER V
MISCELLANEOUS PROVISIONS
MISCELLANEOUS PROVISIONS
15. Annual report.—Within ninety days from the end of each
financial year, the Centre shall cause a report to be prepared on its
activities including research studies conducted by the Centre during that
financial year. The report shall be presented to the Board in its next meeting
for approval. After approval by the Board, the report shall be released to
public and presented to the President of Pakistan.
16. Recruitment of officers and staff.—(1) With approval of the Board, all existing
employees of the GCISC, hereinafter referred to as the Project, shall, notwithstanding
anything contained in any law or in any agreement, deed, document or other
instrument, stand absorbed and transferred with the existing SPS to the Centre,
after obtaining prior consent front such employees of the Project and shall be
deemed to have been appointed or engaged by the Centre in accordance with the terms
and conditions which shall not be less favourable than those in the Project and
no employee whose services are so absorbed and transferred shall be entitled to
any compensation because of such absorption or transfer.
(2) The Centre, with approval of the Board, may
prescribe the procedure, terms and conditions of service for appointment of its
officers and staff. The regional or provincial quota for initial appointment
shall be observed in accordance with the instructions issued by the Federal
Government. The appointments to the posts of advisers, consultants, visiting
scientists or experts shall be made in the Centre as per delegation of powers
given by the Board.
(3) The
disciplinary and misconduct cases of the employees of the Centre shall be
governed in accordance with rules of the Federal Government.
(4) The
employees of the Centre shall be entitled to such pension and gratuity or
provident fund scheme as in force for Federal Government employees, from such
date as the Board may notify.
17. Appointment by deputation.—The Centre may appoint on deputation officers
or staff of other Divisions or Departments or bodies or corporations, on
equivalent or higher posts.
18. Delegation of powers.—The Board may, by general or special order in
writing, direct that such of its powers shall, in such circumstances and under
such conditions as may be prescribed, be exercisable also by the Executive
Director or by any other member or officer of the Centre.
19. Cooperation with international
organizations, etc.—The
Centre may, subject to approval of the Federal Government, cooperate with
foreign or international organizations concerned with climate change-related
research and studies. It shall act as facilitator for promoting cooperation
between the climate change national institutions or organizations and relevant
foreign and international organizations.
20. Discoveries and inventions.—All rights including international property
rights related to discoveries and inventions made by any officer or employee of
the Centre in the course of his employment shall vest in the Centre.
21. Validity of proceedings.—No act or proceeding of the Centre or the
Board shall be invalid by reason only of the existence of a vacancy in, or
defect in constitution of, the Centre or the Board, as the case may be.
22. Indemnity.—No suit, prosecution or other legal
proceedings shall lie against the Centre, the Board, the Chairman or any
member, officer, staff, adviser or consultant of the Centre in respect of
anything done or intended to be done in good faith under this Act or the rules
made thereunder.
23. Common seal.—(1) The Centre shall have a common seal and
such seal be kept by the Executive Director or such other person as may be
authorized by the Executive Director.
(2) The seal shall be authenticated in the manner
as may be prescribed and any document purported to be sealed with the seal so
authenticated shall be receivable as evidence of the particulars as stated in
the document.
24. Winding up.—The Centre shall not be wound up except by an
order of the Federal Government in such manner as the Federal Government may
prescribe.
25. Powers to make rules.—The Board may, with the approval of the Federal
Government and by notification in the Official Gazette, make rules for carrying
out the purposes of this Act.
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