October 2014

(f) "Supreme Appellate Court" means the Gilgit-Baltistan Supreme Appellate Court.

(2) The expressions used, but not defined herein shall have the same meanings as are assigned to them in the Order.

3. Chief Election Commissioner.--(1) There shall be a Chief Election Commissioner who shall be appointed by the Chairman on the advice of Governor.

(2) No person shall be appointed as Chief Election Commissioner, Gilgit-Baltistan unless he is, or has been:--

(a) a Judge of the Supreme Appellate Court or a Judge of the Chief Court or a Judge of High Court; or

(b) a member of the services of the Federation or Gilgit-Baltistan in Basic Pay Scale 20 or above.

(3) The Chief Election Commissioner shall exercise such powers and perform such functions as may be prescribed by rules.

4. Chief Election Commissioner oath of office.--Before entering upon office, the Chief Election Commissioner shall make, before the Chief Judge of Supreme Appellate Court, oath in the form set out in the First Schedule to the Order.

5. Terms of office of Chief Election Commissioner.--(1) The Chief Election Commissioner shall hold office for a term of three years from the day he enters upon his office and the term of Chief Election Commissioner may be extendable for a further period of one year by the Chairman:

Provided that when a Judge of the Supreme Appellate Court or a Judge of the Chief Court or a Judge of the High Court or a member of the services of the Federation or Gilgit Baltistan is appointed as the Chief Election Commissioner, in addition to his functions as a Judge, he shall on his retirement as the Judge of the Supreme Appellate Court or the Chief Court or the High Court, or from services, as the case may be, shall also cease to function as Chief Election Commissioner;

(2) The Chief Election Commissioner shall not be removed from office except in the manner prescribed in Article 66 of the Order or in case of Judge of High Court in Article 209 of the Constitution of Islamic Republic of Pakistan, 1973, as the case may be, for the removal from office of a Judge of the Chief Court or a Judge of the Supreme Appellate Court or a Judge of High Court, as the case may be, and in the application of said Article for the purposes of this clause, any reference in that Article to a Judge shall be construed as a reference to the Chief Election Commissioner:

Provided that this clause shall, mutatis mutandis, and so far as applicable, apply to a member of the services of the Federation or Gilgit-Baltistan, as the case may be.

(3) The terms and condition of the service of the Chief Election Commissioner shall not be varied to his disadvantage during his appointment.

(4) The Chief Election Commissioner may by writing under his hand addressed to the Chairman resign his office.

6. Salary, allowances and privileges of Chief Election Commissioner.--(1) If a Judge of the Supreme Appellate Court or a Judge of the Chief Court or a Judge of the High Court is appointed as the Chief Election Commissioner his terms and conditions as to his salary, allowances, privileges and rights in respect of leave of absence shall be the same as are applicable to a Judge of the Supreme Appellate Court or the Chief Court or the High Court, as the case may be:

Provided that if a retired Judge of Supreme Appellate Court or a Judge of the Chief Court or a Judge of the High Court is appointed as the Chief Election Commissioner, he shall be entitled to the same salary, privileges, allowances and rights in respect of leave of absence as are admissible from time to time to a Judge of the Supreme Appellate Court or the Chief Court or the High Court, as the case may be.

(2) If a Government servant is appointed as the Chief Election Commissioner, he shall be entitled to such salary, privileges, allowances and rights in respect of leave of absence as are admissible to him as Government servant:

Provided that if a retired Government servant is appointed as the Chief Election Commissioner, he shall draw salary and allowances in accordance with the rules for the time being applicable to a retired Government servant on re-employment and, in respect of leave, medical attendance, travelling allowance and other matters, be governed by the rules so applicable.

(3) Notwithstanding anything contained in clause (2), the Chief Election Commissioner shall be entitled to the use of a staff car in the same manner and subject to the same conditions as are applicable to the Secretaries to the Federal Government.

7. Chief Election Commissioner not to hold office of profit.--(1) The Chief Election Commissioner shall not--

(a) hold any other office of profit in the service of federation or Gilgit-Baltistan;

(b) occupy any other position carrying the right to remuneration for the rendering of services.

(2) A person who has held office as Chief Election Commissioner shall not hold any office of profit in the service of federation or Gilgit-Baltistan before the expiration of two years after he has ceased to hold that office:

Provided that this clause shall not be construed as preventing a person who was in the service of federation or Gilgit-Baltistan immediately before his appointment as Chief Election Commissioner from resuming his duties in such service on the expiration of his term as Chief Election Commissioner.

8. Acting Chief Election Commissioner.--(1) At any time when:--

(a) the office of the Chief Election Commissioner is vacant, or

(b) the Chief Election Commissioner is absent or unable to perform the function of his office due to any other cause,

the Chairman may appoint a person, being a person qualified to be appointed as the Chief Election Commissioner, to be the Acting Chief Election Commissioner.

(2) The Acting Chief Election Commissioner shall ordinarily hold office for a term of three months from the day he enters upon his office and the term of Acting Chief Election Commissioner may be extendable for a further period of three months.

9. Power to make rules.--The Government of Pakistan may, by notification in the official Gazette, make rules for carrying out the purpose of this order.

10. Order override other laws.--The provisions of this Order shall have effect notwithstanding anything contained in any other law for the time being in force.

11. Removal of difficulties.--If any difficulty arises in giving effect to any provision of this Order, the Government of Pakistan may make such orders, not in consistent with the provisions of this Order, as may appear to it to be necessary for the purpose of removing the difficulty.

12. Repeal.--The Chief Election Commissioner, Gilgit-Baltistan (Terms and Conditions) Act, 2010 is hereby repealed, hereinafter referred to as the repealed Act.

(2) All proceedings pending under the repealed Act immediately before the commencement of this Order shall continue under the repealed Act.

(3) Anything done, proceedings initiated, actions taken, orders passed or made, power exercised or conferred on any authority in accordance with the repealed Act shall be deemed always to have been validly done, initiated, taken, passed or made, exercised or conferred.

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ORDINANCE NO. I OF 2014

PROTECTION OF PAKISTAN (AMENDMENT) ORDINANCE, 2014

An Ordinance to amend the Protection of Pakistan Ordinance, 2013

[Gazette of Pakistan, Extraordinary, Part-I, 22^nd January, 2014]

No. F. 2(l)/2014-Pub.--The following Ordinance promulgated by the President is hereby published for general information:--

WHEREAS it is expedient to amend the Protection of Pakistan Ordinance, 2013 (IX of 2013) for the purposes hereinafter appearing;

AND WHEREAS the Senate and the National Assembly are not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action;

Now, THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan the President is pleased to make and promulgate the following Ordinance, namely:--

1. Short title and commencement.--(1) This Ordinance may be called the Protection of Pakistan (Amendment) Ordinance, 2014.

(2) It shall come into force at once.

2. Amendment of Section 2, Ordinance IX of 2013.--In the Protection of Pakistan Ordinance, 2013 (IX of 2013), hereinafter referred to as the said Ordinance, in Section 2,--

(a) after clause (c), the following new clause shall be inserted, namely:--

"(ca) "Combatant Enemy" means any person who raises arms against Pakistan, its citizens, the Armed Forces or Civil Armed Forces or aids or abets the raising of arms or waging of war against Pakistan or threatens the security and integrity of Pakistan or commits or threatens to commit any Scheduled Offence and includes a person who commits any act outside territory of Pakistan for which he has used the soil of Pakistan for preparing to commit an act that constitutes an offence under the laws of Pakistan and the laws of the state where such offence has been committed";

(b) in clause (e), after the word Pakistan", occurring for the first time, the words "or who has been deprived of his acquired citizenship by the Federal Government" shall be inserted; and

3. Substitution of Section 6, Ordinance IX of 2013.--In the said Ordinance, for Section 6 the following shall be substituted, namely:-

"6. Preventive Detention.--(1) The Government may, by an order in writing, authorize the detention of a person for a period specified in the order that shall not exceed ninety days if in the opinion of the Government such person is acting in a manner prejudicial to the integrity, security, defense of Pakistan or any part thereof or external affairs of Pakistan or public order or maintenance of supplies and services:

Provided that detention of such person shall be in accordance with the provisions of Article 10 of the Constitution:

Provided further that without prejudice to the above, an Enemy Alien or a Combatant Enemy may be detained by the Government for such period as may be determined by it from time to time in accordance with Article 10 of the Constitution.

Explanation.--A person connected or reasonably believed to be connected with the commission of a Scheduled Offence or a person falling under sub-section (5) of Section 5 shall be deemed to be a person acting in the manner stated above.

(2) In areas where The Federal Government or the Provincial Government has called Armed Forces in aid of civil power under Article 245 of Constitution 1973 or where any Civil Armed Force has been called by the Federal Government or Provincial Government in aid of civil power under Anti-Terrorism Act, 1997, the said requisitioned force may detain any enemy alien, combatant enemy, or any person connected or reasonably believed to be connected with the commission of a Scheduled Offence in designated internment camps after a notification to that effect:

Provided that detention of such person shall be in accordance with the provisions of Article 10 of the Constitution:

(3) At any time during the said notifications or upon their withdrawal, such internee may be handed over to Police or any other investigating agency for formal investigation and prosecution:

(3) The Federal Government shall make Regulations to regulate the internment orders, internment camps, and appeal mechanisms against the internment orders.

(4) Any person arrested or detained by the Armed Forces or Civil Armed Forces and kept under arrest or detention before the coming into force of this Ordinance shall be deemed to have been arrested or detained pursuant to the provisions of this Ordinance."

4. Amendment of Section 9, Ordinance IX of 2013.--In the said Ordinance, in Section 9, after sub-section (1), the following new sub-Sections shall be inserted, namely:--

"(1A) The Government, Joint Investigation Team and Civil and Armed Forces may, in the interest of the security of its personnel or for the safety of the detainee or accused or intern, as the case may be, or for any other reasonable cause withhold the information regarding the location of the detainee or accused or intern or internment centre established or information with respect to any detainee or accused or intern or his whereabouts.

(1B) Subject to the Constitution the Government may not in the interest of the security of Pakistan disclose the grounds for detention or divulge any information relating to a detainee, accused or interne-who is an Enemy Alien or Combatant Enemy.".

5. Insertion Section 9A, Ordinance IX of 2013.--In the said Ordinance, after Section 9, the following new section shall be inserted, namely:--

"9A. Exclusion of public from proceedings of Special Court.--In addition, and without prejudice, to any powers which a Special Court may have by virtue of any law for the time being in force to order the exclusion of the public from any proceedings, if at any stage in the course of the trial of any person before a Special Court, an application is made by the prosecution on the ground that the publication of any evidence to be given or of any statement to be made in the course of the trial would be prejudicial to the public safety, and that, for that reason, all or any portion of the public should be excluded during any part of the hearing, the Special Court may make an order to that effect, but the passing of sentence shall in any case take place in public".

6. Amendment of Section 9, Ordinance IX of 2013.--In the said Ordinance, in Section 9, for the full stop, at the end, the following shall be substituted, namely:--

"The Special Court may also deprive the offender of his citizenship.".

7. Amendment of Section 16, Ordinance IX of 2013.--In the said Ordinance, in Section 16, after sub-section (2), the following new sub-section shall be inserted, namely:--

"(3) Notwithstanding anything contained in any other law for the time being in force, the Government may apply to any Court of law or tribunal that any case involving any Scheduled Offence punishable under this Ordinance, pending before such a Court or tribunal be transferred to a Special Court, then such other Court or tribunal shall transfer the said case to a Special Court and it shall not be necessary for the Special Court to recall any witness or again record any evidence that may have been recorded.".

8. Addition of new Sections 21 and 22, Ordinance IX of 2013.--In the said Ordinance, after Section 20, the following new Sections shall be added, namely:--

"21. Overriding effect.--The provisions of this Ordinance shall have effect notwithstanding anything contained in any law for the time being in force. In case there is any conflict between the provisions of this Ordinance and any other law for the time being in force the provisions of this Ordinance shall prevail to the extent of inconsistency.

23. Removal of difficulties.--If any difficulty arises in giving effect to any provision of this Ordinance, the President may make such order, not inconsistent with the provisions of this Ordinance, as may appear to him to be necessary for the purpose of removing such difficulty.".

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ORDINANCE NO. II OF 2014

GAS (THEFT CONTROL AND RECOVERY) ORDINANCE, 2014

An Ordinance to provide for prosecution of cases of gas theft and other offences relating to gas and to provide a procedure for recovery of amounts due

[Gazette of Pakistan, Extraordinary, Part-I, 23^rd January, 2014]

No. F. 2 (l)/2014-Pub.--The following Ordinance Promulgated by the President is hereby published for general information:--

WHEREAS it is expedient to prosecute cases of gas theft and other offences relating to gas and to provide for a procedure for expeditious recovery of amounts due, value of gas, fines, penalties and other outstanding amounts payable and sums due to Gas Utility Companies and for matters ancillary and related thereto;

AND WHEREAS the Senate and the National Assembly are not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action;

Now, THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance.

1. Short title, extent and commencement.--(1) This Ordinance may be called the Gas (Theft Control and Recovery) Ordinance, 2014.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

2. Definitions.--(1) In this Ordinance, unless there is anything repugnant in the subject or context,--

(a) "auxiliary pipeline" includes all gas pipeline and fittings from the distribution lines to the property line of the consumer up to the outlet coupling of the gas meters.

(b) "consumer" includes a person who receives a supply of gas under a gas sales agreement for the specific purpose of consumption and a premises that is connected to a gas pipeline for the purposes of obtaining supply of gas and includes a successor-in-interest and assignees of a consumer and also includes Compressed Natural Gas (CNG) Stations which receive gas for their own consumption or resale for vehicular use;

(c) "distribution pipeline" includes a gas pipeline used for transportation of natural gas at a pressure not exceeding 300 Psig or such pressure as the Authority may prescribe from time to time for transportation of gas downstream of the Sales Meter Stations to the end consumers including all equipment installed on the Distribution Pipeline;

(d) "domestic consumer" means a consumer who receives a supply of gas for domestic purposes;

(e) "gas" includes natural gas, liquefied petroleum gas, air mix liquefied petroleum gas, liquefied natural gas, regasified liquefied natural gas and compressed natural gas.

(f) "gas pipeline" means any recognized pipe or system or arrangement of pipes which transports gas and includes right of way/land strips, compressor stations, repeater stations and all equipment of any kind used for the purpose of or in connection with, or incidental to the operation of a pipeline in transporting, transmitting, distributing, supplying and handling gas;

(g) "gas sales agreement" means an agreement executed between a Gas Utility Company and a consumer for sale and purchase of gas.

(h) "Gas Utility Company" means a Gas Utility Company as defined in this Ordinance;

(i) "Gas Utility Company" mean Sui Southern Gas Company Limited, Sui Northern Gas Pipelines Limited and such other companies, government agencies or persons licensed by the Authority, that the Authority may, from time to time, determine and publish in the official Gazette;

(j) "Gas Utility Court" means a Gas Utility Court established under Section 3;

(k) "informer" means any person who brings or provides specific information in writing to a Gas Utility Company regarding an offence under this Ordinance.

(l) "main pipeline" shall mean and include a transmission line with gas at a pressure of not less than 300 Psig or such pressure as the Authority may prescribe from time to time used for transmission/transportation of gas from the gas fields to the various distribution centers upstream of the Sales Meter Station(s) including the Sales Meter Station(s);

(m) "meter" means an instrument that measures gas delivered to consumers for consumption;

(n) "person" means any individual or a legal entity, authority, statutory body or government department and includes a partnership firm, company, group, trust, society, corporation, body or association of persons, a public servant or an employee of a Gas Utility Company;

(o) "successor-in-interest" includes a person who either by inheritance or by transfer by way of sale, lease, mortgage, gift, exchange, assignment or other mode of transfer, happens to succeed to, acquire any share or interest in, benami or otherwise, the property or premises for which any charge for gas was or has become due, an ostensible owner of any such property or premises, but does not include a person who occupies such premises merely as a tenant;

(p) "sums due" means any or all such amount, inclusive of applicable Government taxes, recoverable from a person who purchases or receives gas for self consumption or sale for vehicular use or a person whose premises is connected with the network of the Gas Utility Company, lawfully or unlawfully including but not limited to arrears of gas charges, meter rental, late payment surcharges or any other incidental charges for services including fixed and variable charges, gas theft claims determined in accordance with the Gas Utility Companies' laid down procedures, and any amount recoverable on account of any land dispute, rentals, damages, fines, penalties, violation charges and or on account of any other dispute;

(q) "Sui Northern Gas Pipelines Limited" means the Sui Northern Gas Pipelines Limited, a public limited company incorporated under the Companies Ordinance, 1984 (XLVII of 1984);

(r) "Sui Southern Gas Company Limited" means the Sui Southern Gas Company Limited, a public company incorporated under the Companies Ordinance, 1984 (XLVII of 1984);

(s) "tampering" or "tamper" includes interfering or creating hindrance in flow or metering of gas power by unauthorized entry or access into metering system or transmission and distribution lines either by breaking the seals or damaging or destructing the same or in any manner interfering with the gas meter or transmission line or distribution line or interfering with its original condition;

(t) "unauthorized use of gas" includes the acts of receiving, consuming or providing a supply of gas from a pipeline or a meter of a Gas Utility Company other than that contracted for by any person, the unauthorized receipt of more gas than is registered by the meter or other measurement device, tampering to increase metering pressure, unauthorized enhancement of gas loads other than contracted for, consuming gas through by-passing of a meter or other measurement device and gas usage by direct tapping to the gas supply of a Gas Utility Company.

(2) Words used and not defined in this Ordinance shall carry the same meaning as are assigned to them in the Oil and Gas Regulatory Authority Ordinance, 2002 (XVII of 2002).

3. Constitution of Gas Utility Courts.--(1) The High Court having territorial jurisdiction, may by notification in the official Gazette, establish as many Gas Utility Courts in a District as it may deem necessary for the purposes of this Ordinance and appoint a Judge for each of such Courts from amongst the District and Sessions Judges in that District.

Explanation.--For the purpose of this sub-section District and Sessions Judge includes Additional District and Session Judge.

(2) Where more Gas Utility Courts than one have been established to exercise jurisdiction in the same territorial limits the High Court concerned shall define the territorial limits of each such Court.

(3) Where more Gas Utility Courts than one have been established in the same or different territorial limits, the High Court may, if it considers it expedient to do so in the interests of justice or for the convenience of parties or of the witnesses, transfer any case from one Gas Utility Court to another.

4. Exclusive Jurisdiction of Gas Utility Court.--(l) A Gas Utility Court shall have exclusive jurisdiction with respect to all matters covered by this Ordinance.

(2) A Gas Utility Court shall exercise jurisdiction in respect of a case in which the claim, fine, penalty, sum due or matter in dispute does not exceed five million rupees or for the trial of offences under this Ordinance and, in all other cases, the High Court.

(3) The Court having jurisdiction under this Ordinance shall be a Gas Utility Court having jurisdiction in the place in which the Gas Utility Company, consumer, gas producer or offender, as the case may be, is situated.

5. Powers of the Gas Utility Court.--(1) Subject to the provisions of this Ordinance, a Gas Utility Court shall,--

(a) in the exercise of its civil jurisdiction have all the powers vested in a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908), and

(b) in the exercise of its criminal jurisdiction, try offences punishable under this Ordinance and shall, for this purpose have the same powers as are vested in a Court of Sessions under the Code of Criminal Procedure, 1898 (Act V of 1898).

(2) Notwithstanding anything to the contrary contained in this Ordinance, a Gas Utility Court shall not take cognizance of any offence punishable under this Ordinance except upon a complaint made in writing by a person authorized, in this behalf by a Gas Utility Company in respect of which the offence was committed.

(3) A Gas Utility Court shall in all matters with respect to which the procedure has not been provided for in this Ordinance, follow the procedure laid down in the Code of Civil Procedure, 1908 (Act V of 1908) and the Code of Criminal Procedure, 1898 (Act V of 1898);

(4) All proceedings before a Gas Utility Court shall be deemed to be judicial proceedings within the meaning of Sections 193 and 228 of the Pakistan Penal Code, 1860 (Act XLV of 1860), and a Gas Utility Court shall be deemed to be a Court for the purposes of the Code of Criminal Procedure, 1898 (Act V of 1898).

(5) Subject to sub-section (6), no Court or authority, shall have or exercise any jurisdiction with respect to any matter to which the jurisdiction of a Gas Utility Court extends under this Ordinance.

(6) Nothing in sub-section (5) shall be deemed to affect:--

(a) the right of a Gas Utility Company to seek any remedy before any other Court, tribunal or forum including official liquidator or receiver that may otherwise be available to it under the law; or

(b) the powers of the Gas Utility Company, or jurisdiction of any Gas Utility Court as is referred to in clause (a) to require the transfer to a Gas Utility Court of any proceedings pending before any such Court immediately before the coming into force of this Ordinance.

(7) All proceedings pending in any other Court, including suits for recovery, shall stand transferred to, or be deemed to be transferred to, and heard and disposed of by, the Gas Utility Court having jurisdiction under this Ordinance. On transfer of proceedings under this sub-section, the parties shall appear before the Gas Utility Court concerned on the date previously fixed.

(8) In respect of proceedings transferred to a Gas Utility Court under sub-section (7), the Gas Utility Court shall proceed from the stage which the proceedings had reached immediately prior to the transfer and shall not be bound to recall and re-hear any witness and may act on the evidence already recorded or produced before the Court from which the proceedings were transferred.

(9) The Gas Utility Court may, if it so requires, be assisted in technical aspects of the natural gas sector involved in any case by an amicus curiae who has at least ten years experience in the relevant field.

(10) Remuneration of the amicus curiae, and the party or parties by whom it will be payable will be determined by the Gas Utility Court keeping in view the circumstances of each case.

6. Procedure for complaints and suits for default before Gas Utility Courts.--(1) Where a person is involved in an offence under this Ordinance or where there are sums due or recoverable from any person, or where a consumer has a dispute regarding billing or metering against a Gas Utility Company, a consumer or Gas Utility Company, as the case may be, may file a complaint or suit, as the case may be, before a Gas Utility Court as prescribed by the Code of Civil Procedure, 1908 (Act V of 1908) or the Code Criminal Procedure, 1898 (Act V of 1898).

(2) The plaint shall be supported by a gas sales agreement or such other documentation that evidences such contract or obligation. Copies of the plaint, statement of dues and other relevant documents shall be filed with the Gas Utility Court in sufficient numbers so that there is one set of copies for each defendant and one extra copy.

(3) The plaint, in the case of a suit for recovery instituted by a Gas Utility Company, shall specifically state:--

(a) the quantity of gas consumed or extracted by the defendant from the Gas Utility Company;

(b) the amounts, if any, paid by the defendant to the Gas Utility Company and the dates of payment, and

(c) the total dues relating to the supply, consumption or extraction of gas and all other dues by the defendant to the Gas Utility Company up to the date of institution of the suit.

(4) On a plaint being presented to the Gas Utility Court, a summons in Form No.4 in Appendix 'B' to the Code of Civil Procedure, 1908 (Act V of 1908) or in such other form as may, from time to time, be prescribed by rules, shall be served on the defendant through the bailiff or process server of the Gas Utility Court, by registered post acknowledgement due, by courier and by publication in one English language and one Urdu language daily newspaper, and service of summons duly effected in any one of the aforesaid modes shall be deemed to be valid service for purposes of this Ordinance. In the case of service of the summons through the bailiff or process server, a copy of the plaint shall be attached therewith and in all other cases the defendant shall be entitled to obtain a copy of the plaint from the office of the Gas Utility Court without making a written application but against due acknowledgement. The Gas Utility Court shall ensure that the publication of summons takes place in newspaper with a wide circulation within its territorial limits.

7. Leave to defend.--(1) In any case in which the summons has been served on the defendant, the defendant shall not be entitled to defend the suit unless he obtains leave from the Gas Utility Court as hereinafter provided to defend the same and in default of his doing so, the allegations of fact in the plaint shall be deemed to be admitted and the Gas Utility Court may pass a decree in favor of the plaintiff on the basis thereof or such other material as the Gas Utility Court may require in the interests of justice.

(2) The defendant shall file the application for leave to defend within fourteen days of the date of first service, provided that where service has been validly effected only through publication in the newspapers, the Gas Utility Court may extend the time for filing an application for leave to defend if satisfied that the defendant did not have knowledge thereof.

(3) The application for leave to defend shall be in the form of a written statement, and shall contain a summary of the substantial questions of law as well as fact in respect of which, in the opinion of the defendant, evidence needs to be recorded.

(4) The application for leave to defend shall also specifically state the following, where applicable:--

(a) the amount of gas supplied by the Gas Utility Company and consumed by the defendant, the amount paid by the defendant to the Gas Utility Company for such consumption and the dates of payments;

(b) the amount of dues and other amounts relating to the supply and consumption of gas paid by the defendant to the Gas Utility Company up to the date of institution of the suit;

(c) the amount of outstanding dues and other amounts relating to the supply and consumption of gas by the defendant to the Gas Utility Company up to the date of institution of the suit;

(d) the amount, if any, which the defendant disputes as payable to the Gas Utility Company and fact in support thereof;

(e) a statement specifically admitting or denying the documents relied upon in the plaint.

(5) The application for leave to defend shall be accompanied by all the documents which, in the opinion of the defendant, support the substantial questions of law or fact raised by him.

(6) An application for leave to defend which does not comply with the requirements of sub-Sections (3), (4) and, where applicable, sub-section (5) shall be rejected, unless the defendant discloses therein sufficient cause for his inability to comply with any such requirement.

(7) The plaintiff shall be given an opportunity of filing a reply to the application for leave to defend in the form of a replication and such replication shall also specifically accept or deny any documents relied upon in the application for leave to defend.

(8) The Gas Utility Court shall grant the defendant leave to defend the suit if, on consideration of the contents of the plaint, the application for leave to defend and the reply thereto, it is of the view that substantial question of law or fact have been raised in respect of which evidence needs to be recorded.

(9) In granting leave under sub-section (8), the Gas Utility Court may impose such conditions as it may deem appropriate in the circumstances of the case, including conditions as to deposit of cash or furnishing of security.

(10) Where the application for leave to defend is accepted, the Gas Utility Court shall treat the application as a written statement, and in its order granting leave shall frame issues relating to the substantial question of law or fact, and subject to fulfillment of any conditions attached to grant of leave fix a date for recording of evidence thereon and disposal of the suit.

(11) Examinations-in-chief shall be on affidavit and cross examination may be allowed by a local commission appointed by a Gas Utility Court where the party seeking to cross examine a witness or witnesses bear the expenses of the local commission. The expenses so borne by a party shall be factored into the costs to be awarded, if any, on the disposal of the case.

(12) Where the application for leave to defend is rejected or where a defendant fails to fulfill the conditions attached to the grant of leave to defend, the Gas Utility Court shall forthwith proceed to pass judgment and decree in favour of the plaintiff against the defendant.

8. Power to set aside decree.--In any case in which a decree is passed against a defendant under sub-section (1) of Section 7, he may, within twenty-one days of the date of the decree, or where the summons was not duly served when he has knowledge of the decree, apply to the Gas Utility Court for an order to set it aside, and if he satisfies the Gas Utility Court that he was prevented by sufficient cause from making an application under Section 7, or that the summons was not duly served, the Gas Utility Court shall make an order setting aside the decree against him upon such terms as to costs, deposit in cash or furnishing of security or otherwise as it thinks fit and allow him to make the application within ten days of the order.

9. Disposal of suit.--(1) A suit in which leave to defend has been granted to the defendant shall be disposed of within ninety days from the day on which leave was granted, and in case proceedings continue beyond the said period the defendant may be required to furnish security in such amount as the Gas Utility Court deems fit, and on the failure of the defendant to furnish such security, the Gas Utility Court shall pass a final decree in such amount as it may deem appropriate.

(2) The requirement of furnishing security under sub-section (1) shall be dispensed with if, in the opinion of the Gas Utility Court, the delay is not attributable to the conduct of the defendant.

(3) Suits before a Gas Utility Court shall come up for regular hearing as expeditiously as possible and except in extraordinary circumstances and for reasons to be recorded, a Gas Utility Court shall not allow adjournments of more than seven days.

(4) Where the Gas Utility Court is satisfied that any proceedings brought before it is frivolous or vexatious, the Gas Utility Court may direct that compensation not exceeding one million rupees be paid to the party against whom such frivolous or vexatious proceedings were brought.

10. Execution of decree and sale with or without intervention of Gas Utility Court.--(1) Upon pronouncement of judgment and decree by a Gas Utility Court, the suit shall automatically stand converted into execution proceedings without the need to file a separate application and no fresh notice need be issued to the judgment debtor in this regard. Particulars of the assets of the judgment debtor shall be filed by the decree-holder for consideration of the Gas Utility Court and the case will be heard by the Gas Utility Court for execution of its decree on the expiry of thirty days from the date of pronouncement of judgment and decree, provided that if the record of the suit is summoned at any stage by the High Court for purposes of hearing an appeal under Section 13 or otherwise, copies of the decree and other property documents shall be retained by the Gas Utility Court for purposes of continuing the execution proceedings.

(2) The decree of the Gas Utility Court shall be executed in accordance with the provisions of the Code of Civil Procedure, 1908 (Act V of 1908) or any other law for the time being in force or in such manner as the Gas Utility Court may at the request of the decree-holder consider appropriate, including recovery as arrears of land revenue.

(3) The Gas Utility Court and the Gas Utility Company shall be entitled to seek the services and assistance of the police or security agency in the exercise of powers conferred by this section.

(4) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (Act V of 1908) or any other law for the time being in force, the Gas Utility Court shall follow the summary procedure for purposes of investigation of claims and objections in respect of attachment or sale of any property and shall complete such process within thirty days of filing of the claims or objections.

11. Additional fines in lieu of gas consumed.--Where an accused has been convicted of an offence under this Ordinance and the Gas Utility Court is satisfied that as a result of the commission of the offence gas has been stolen or pilfered from a Gas Utility Company, the Gas Utility Court may order the offender to pay, in addition to the fines under this Ordinance, further additional amounts on account of the value of gas stolen or pilfered as deemed commensurate with the amount of the monetary benefits accrued to the offender.

12. Application of fines and costs.--(1) A Gas Utility Court may direct that the whole or part of any fine, security or costs imposed under this Ordinance shall be applied in or towards—

(a) payment of costs of all or any proceedings under this Ordinance; and

(b) payment of compensation to an aggrieved party.

(2) An order under sub-section (1) shall be deemed to be a decree passed under this Ordinance for purposes of execution.

13. Appeal.--(1) Subject to sub-section (2), any person aggrieved by any judgment, decree, sentence, or final order passed by a Gas Utility Court may, within thirty days of such judgment, decree, sentence or final order prefer an appeal to the High Court.

(2) An appeal against any judgment, decree, sentence or final order by a Gas Utility Court, shall lie to the High Court.

(3) The appellant shall give notice of the filing of the appeal by means of registered post with acknowledgement due or by courier in accordance with the provisions of Order XLIII, Rule 3 of the Code of Civil Procedure, 1908 (Act V of 1908) to the respondent who may appear before the High Court to contest admission of the appeal on the date fixed for hearing.

(4) The High Court shall at the stage of admission of the appeal, or at any time thereafter either suo motu or on the application of the decree-holder, decide by means of a reasoned order whether the appeal is to be admitted in part or in whole depending on the facts and circumstances of the case, and as to the security to be furnished by the appellant:

Provided that the admission of the appeal shall not per se operate as a stay and nor shall any stay be granted therein unless the decree-holder has been given an opportunity of being heard and unless the appellant, in any case where the appellant is not a Gas Utility Company, deposits in cash with the High Court an amount equivalent to the decretal amount inclusive of costs; and in the event of a stay being granted for a part of the decretal amount only, the requirement for a deposit in cash or furnishing of security shall stand reduced accordingly.

(5) In case an appeal under sub-section (1) is admitted, it shall be decided within ninety days from the date of admission.

(6) An appeal may be preferred under this section from a decree passed ex parte.

(7) No appeal, review or revision shall lie against an order accepting or rejecting an application for leave to defend, or any interlocutory order of the Gas Utility Court which does not dispose of the entire case before the Gas Utility Court.

(8) Any order for stay of execution of a decree shall automatically lapse on the expiry of six months from the date of the order whereupon the amount deposited in Court shall be paid over to the decree-holder or the decree-holder may enforce the security furnished by the judgment-debtor.

14. Tampering with gas pipelines, etc.--(1) Any person who willfully does tampering or attempts to do tampering or abets in tampering with a facility, installation or main pipeline for transmission or transportation, as the case may be, of gas, is said to commit tampering with gas pipelines.

(2) Any person who commits or abets in tampering with gas pipelines for the purpose of,--

(a) theft of gas; or

(b) disrupting supply of gas,

shall be punished with rigorous imprisonment which may extend to fourteen years but shall not be less than seven years and with fine which may extend to ten million rupees.

15. Tampering with auxiliary or distribution pipelines of gas.--(1) Any person who willfully does tampering or attempts to do tampering or abets in tampering with any auxiliary or distribution pipeline of gas not being a main transmission and transportation pipeline but includes a distribution system, distribution pipeline or any other related system and equipment, as the case may be, of gas is said to commit tampering with auxiliary or distribution pipelines of gas.

(2) Any person who commits or abets in tampering with auxiliary or distribution pipeline of gas for the purpose of,--

(a) theft of gas; or

(b) disrupting supply of gas,

shall be punished with rigorous imprisonment which may extend to ten years but shall not be less than five years and with fine which may extend to three million rupees.

16. Tampering with gas meter by domestic consumer, etc.--Any person being the domestic consumer who does tampering or abets in tampering with any gas meter, regulator, meter index or gas connection or any other related system and equipment, whether to commit theft of gas or for the purpose of unauthorized distribution or supply of gas shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one hundred thousand rupees, or with both.

17. Tampering with gas meter by industrial or commercial consumer, etc.--Any person, being industrial or commercial consumer, who does tampering or abets in tampering with any gas meter, regulator, meter index or gas connection or any other related system and equipment, whether to commit theft of gas or for the purpose of unauthorized distribution or supply of gas shall be punished with imprisonment which may extend to ten years but shall not be less than five years, or with fine which may extend to five million rupees, or with both.

18. Damaging or destructing the transmission or transportation lines etc.--Any person who damages or destructs any transmission or transportation lines by an act of subversion by explosive material or in any other manner so as to disrupt the supply of gas shall be punished with rigorous imprisonment which may extend to fourteen years but shall not be less than seven years and with fine which shall not be less than one million rupees.

19. Penalty for maliciously wasting gas or injuring works.--Whoever maliciously causes gas to be diverted, or, with intent to cut off the supply of gas, cuts or injures, or attempts to cut or injure, any pipeline or works, shall be punishable with imprisonment for a term which may extend to seven years, or with a fine which may extend to five million rupees, or with both.

20. Penalties not to affect other liabilities.--The penalties imposed under Sections 14 to 19 shall be in addition to, and not in derogation of, any liability in respect of the payment of compensation which the offender may have incurred and no time bar shall apply in respect to either granting compensation or ordering recovery of arrears of dues of any kind or in respect to initiating proceedings in this regard.

21. Penalty for offence not otherwise provided for and offences by bodies corporate.--(1) Whoever, in any case not provided for by Sections 14 to 19, commits an offence or makes default in complying with any of the provisions of this Ordinance shall be punishable with fine which may extend to five million rupees, and, in the case of a continuing default, with a daily fine which may extend to one hundred thousand rupees.

(2) Where an offence under this Ordinance has been committed by a company, firm, society or other body of persons, any person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer or a partner in the company, firm, society or other body of person or was purporting to act in any such capacity, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless he proves that:--

(a) the offence was committed without his consent or connivance; or

(b) he has exercised all such due diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.

22. Suspension of supply of gas.--The supply of gas to any person found guilty and convicted by a Gas Utility Court of any offence mentioned in Sections 14 to 19 shall remain suspended by the Gas Utility Company for a period of one year unless the Gas Utility Company decides otherwise.

23. Power to search in case of theft and suspected theft.--Notwithstanding anything contained in any other law for the time being in force, any officer or employee of a Gas Utility Company not below BPS 17 or equivalent authorized in this behalf by the Gas Utility Company, may search any premises where gas is supplied or consumed in a manner that is or may constitute an offence under this Ordinance.

24. Arrest for offence against certain sections.--Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898) all offences under this Ordinance if committed by any person other than a domestic consumer shall be cognizable and non-bailable.

25. Reward.--(1) A Gas Utility Company, on recovery of any outstanding amount or sums due as a result of information provided to it in writing by an informer, shall pay a reward to such informer as provided in sub-section (2) hereunder:

Provided that the informer shall not be entitled to receive any reward if such information does not result in any recovery by a Gas Utility Company:

Provided further that the reward shall not be applicable to any fine, security or costs imposed under Section 12.

(2) The amount of reward to a person who gives information to a Gas Utility Company under sub-section (1) shall be five percent of any recovered amount.

26. Recovery of sums recoverable under certain provisions of this Ordinance.--Every sum declared to be recoverable under this Ordinance may be recovered, in accordance with the prevailing policy of the Gas Utility Company, on application to a Gas Utility Court, having jurisdiction where the person liable to pay the same is for the time being resident, by the distress and sale of any moveable or immovable property belonging to such person.

27. Charges for supply of gas recoverable as arrears of land revenue.--(1) Notwithstanding anything contained in this Ordinance or in any other law for the time being in force or in any instrument or agreement, the charges for supply of gas or any other sum outstanding against a consumer or any other person under this Ordinance shall be recoverable as an arrear of land revenue.

(2) A Gas Utility Company, or any person duly authorised by the Gas Utility Company, may apply, with a certificate showing the amount outstanding against a consumer, to the District Collector of the district concerned for the recovery of the said amount, and the District Collector shall, thereupon, proceed to recover the same from such consumer, or his sureties, or from all of them, as an arrear of land revenue and for the purposes of recovery under this section, the officer authorized to effect such recovery shall be vested with magisterial powers under the Code of Criminal Procedure, 1898 (Act V of 1898).

28. Power to request assistance.--A Gas Utility Company shall have the power to seek information from or the assistance of any Ministry, Division or agency of the Federal Government, any Department or agency of a Provincial Government, local authority, financial institution, political agent, law enforcement agency, including the police and the Federal Investigating Agency, paramilitary force, levies, land revenue officials, including patwaris or mukhtarkar, and the Securities and Exchange Commission of Pakistan and it shall be the duty of such Ministry, Division, Department, agency, local authority, financial institution, law enforcement agency and Security and Exchange Commission of Pakistan to furnish such information or render such assistance, including but not limited to removal of encroachments, as may reasonably be required.

29. Bar of Jurisdiction.--(1) Notwithstanding any other law for the time being in force, no Gas Utility Court shall make an order prohibiting the Gas Utility Company from disconnecting the supply of gas to a premises, or requiring it to restore supply of gas to such premises if the consumer is in default, and any such order made before the commencement of this Ordinance shall cease to have effect:

Provided that nothing contained herein shall apply to a case in which the plaintiff, applicant or appellant, within a period of thirty days of the aforesaid date or at the time of filing the suit, application or appeal, as the case may be, deposits with the Gas Utility Court the amount assessed against him by the Gas Utility Company and all further charges of the Gas Utility Company as and when they become due; and in the event of his failing to do so, any order prohibiting the Gas Utility Company from discontinuing the supply of gas to the premises or requiring it to restore the supply of gas to the premises, if already made, shall cease to have effect.

(2) Where an amount has been deposited under sub-section (1), the Gas Utility Court shall direct it to be deposited in a scheduled bank in the name of the Gas Utility Company on an undertaking being furnished by the Gas Utility Company to the effect that in case the suit or appeal is decided against it, it shall repay the said amount to the plaintiff or appellant, as the case may be, with such reasonable return as the Court may determine.

30. Power to make rules.--The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.

31. Ordinance to override other laws.--The provisions of this Ordinance shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force.

--------------------------

ORDINANCE NO. III OF 2014

PAKISTAN MEDICAL AND DENTAL COUNCIL (AMENDMENT) ORDINANCE, 2014

An Ordinance further to amend the Pakistan Medical and Dental Council Ordinance, 1962

[Gazette of Pakistan, Extraordinary, Part-I, 19^th March, 2014]

No. F. 2(l)/2014-Pub.--The following Ordinance promulgated by the President is hereby published for general information:--

WHEREAS it is expedient further to amend the Pakistan Medical and Dental Council Ordinance, 1962 (XXXII of 1962) for the purposes hereinafter appearing;

ACT NO. I OF 2014

SURVEYING AND MAPPING ACT, 2014

An Act to provide for constitution and regulation of
Survey of Pakistan

[Gazette of Pakistan, Extraordinary, Part-I, 16^th May, 2014]

No. F. 9(10)/2014-Legis., dated 14.5.2014.--The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 12th May, 2014, is hereby published for general information:--

WHEREAS in the view of prevailing circumstances it is expedient to constitute Survey of Pakistan to provide for the regulation of surveying and mapping activities and for the matters connected therewith or ancillary thereto;

AND WHEREAS it is necessary to provide for speedy disposal of such cases and execution in matters connected therein or ancillary thereto;

It is hereby enacted as follows:--

PART I

PRELIMINARY

1. Short title, extent and commencement.--(1) This Act may called the Surveying and Mapping Act, 2014.

(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,--

(i) "aerial photography" means the act of taking photographs of any portion of the earth with the help of cameras installed in an aircraft or any sort of air borne vehicle;

(ii) "datum" means an arbitrarily selected reference point, plane or surface to which all measurements are referred including geodetic, vertical and gravimetric datum;

(iii) "deposit works" mean extra departmental jobs carried out on payment basis;

(iv) "digital maps" mean geographic maps produced through satellite images, GPS, total station data or digitized using mapping software;

(v) "engineering maps" mean the large-scale topographical maps on which engineering works, of development projects are planned and designed, generally their scale is equivalent or larger than 1:10,000;

(vi) "gravity datum" means the point to which all gravity measurements are referred;

(vii) "Government department" means a department controlled by Federal or a Provincial Government and includes any autonomous body, authority or organization established by or under the Federal or a Provincial law or which is owned or controlled or administered by the Federal or a Provincial Government or in which the Federal or a Provincial Government have controlling share or interest and also includes any local Government;

(viii) "geodetic datum" means the origin or a point to which all horizontal measurements are referred;

(ix) "geographical maps" mean maps that show general configuration of physical features of a certain area on a reference plane;

(x) "geospatial data" means information collected in hard copy format or in digital format or any other format for the purposes of preparation of geographical or topographical data and its attributes, its processing and analysis;

(xi) "imagery" means remotely sensed image of any resolution depicting any part of the earth and acquired or obtained using optical or, as the case may be, non-optical sensor;

(xii) "local plane coordinate system" means a rectangular coordinate system generally used for large-scale mapping;

(xiii) "mapping" means the art of map-making using specific datum, projection and scale and includes digital mapping;

(xiv) "national co-ordinate system" means a plane coordinate system as notified by the Federal Government;

(xv) "National Naming Authority" means the National Naming Authority established under Section 19;

(xvi) "National Spatial Data Infrastructure" means a system of geospatial databases handling facilities capable of interacting with each other for effective use of geospatial data and include set of standards, specifications and policies defining a framework for collecting, sharing, disseminating, processing and carrying out analysis on geospatial data in the most cost effective manner with the key features to allow unrestricted yet controlled sharing of data for decision support system at strategic, tactical and operational levels;

(xvii) "prescribed" means prescribed by rules made under this Act;

(xviii) "photogrammetry" means the art of taking measurements and map-making by using mono or, as the case may be, stereo image of the photographs taken by an aircraft or air borne vehicle or a satellite;

(xix) "public survey" means a survey in respect of which details are included in the register of public surveys;

(xx) "registered surveyor" means a person who is registered with the Survey of Pakistan as a land surveyor under this Act and competent to carry out authorized type of survey work, processing and analysis;

(xxi) "remote sensing" means the method and art by which characteristics of the objects of interest can be identified, classified, measured or analyzed without physical contact;

(xxii) "registered organization" means any organization or authority or agency of the Government, a private firm or organization duly registered with the Survey of Pakistan under this Act and competent to carry out authorized type of survey work, processing and analysis;

(xxiii) "survey" means the act of taking topographic surveying measurements and collection of spatial and non-spatial data for preparing geospatial database, its processing and analysis;

(xxiv) "satellite" means an artificial body revolving around the earth at some distance;

(xxv) "Survey of Pakistan" means the department of Survey of Pakistan, which is the national surveying and mapping organization of Pakistan;

(xxvi) "Surveyor General of Pakistan" means head of the department of Survey of Pakistan;

(xxvii) "survey mark" means benchmark pillar, iron bolt fixed in rock, a mark engraved on any building, a mark engraved on an in situ rock or a stone embedded in ground, a triangulation point protected by a cairn, a gravity pillar, a leveling benchmark, a fixed mark, hill station, monument or any other station or mark created by the Survey of Pakistan for the purpose of surveying and mapping;

(xxviii) "sub-standard work" means any survey work which does not conform to the approved specifications and standards as may be prescribed by the Survey of Pakistan;

(xxix) "'topographical data" means data, which shows detailed information about shape, size and relationship of all features and abstract information of the earth, including but not limited to natural and man-made objects or features, geographical names, administrative boundaries and information like elevation, hydrology, vegetation, population and others; and

(xxx) "vertical datum" means the surface to which all vertical measurements are referred and mean sea level is taken as vertical datum of a country.

PART II

CONSTITUTION OF SURVEY OF PAKISTAN

3. Constitution of Survey of Pakistan.--(1) Notwithstanding anything contained in any other law for the time being in force, the Survey of Pakistan shall be deemed to have been established under this Act.

(2) For efficient administration of Survey of Pakistan, there shall be a Surveyor Genera of Pakistan who shall be appointed by the Federal Government and there shall be other officers and staff as may be appointed by the Federal Government in the prescribed manner.

4. Offices of Survey of Pakistan.--Survey of Pakistan shall have its head office at Rawalpindi or Islamabad and shall have offices at Federal, Provincial or district level and such other offices as the Survey of Pakistan may, by notification in the Official Gazette, establish.

5. Administration of Survey of Pakistan.--Under this Act,--

(a) superintendence of Survey of Pakistan shall vest in the Federal Government; and

(b) administration of Survey of Pakistan shall vest in, and be exercised by, the Surveyor General of Pakistan in accordance with the provisions of this Act and the rules made thereunder.

6. Functions of Survey of Pakistan.--For carrying out the purposes of this Act, Survey of Pakistan shall—

(a) be the sole national surveying and mapping organization of Pakistan;

(b) determine and update geodetic datum and projection system of Pakistan using latest geodetic techniques and technologies;

(c) determine and update vertical datum using data captured by Survey of Pakistan and obtained from Government departments, registered organizations or any other source having such installations along the coastal line of Pakistan;

(d) delineate and demarcate international borders and relocate boundary pillars;

(e) provide geodetic control, heights and geographical positions all over Pakistan;

(f) advise Federal Government on the practices to be followed in the production of geospatial data as well as surveying and mapping practices and as the case may be in the collection and dissemination of this kind of information needed for geographical information systems (GIS) applications;

(g) prepare geospatial data, remote sensing and geographical information system applications of the entire country on various scales as advised by the Federal Government and provide above services as a deposit work for a specific area with pre-defined specifications to the Provincial Governments, district and local governments and other clients from public as well as private sector;

(h) carry out topographic survey, its updation and printing of topographic maps of national map series;

(i) compile derived maps on various scales as required by the Federal Government;

(j) generate maps on any scale through aerial photography and remote sensing using analytical and digital methods;

(k) be responsible to prepare and print guide maps, provincial maps, district maps, road maps, tehsil maps and miscellaneous geographical maps for the whole of Pakistan;

(l) establish and maintain National Spatial Data Infrastructure (NSDI) of Pakistan;

(m) be responsible to survey and prepare cantonment areas maps;

(n) train departmental employees and potential candidates from private sector in various disciplines of surveying, geographical and mapping in the Survey Training Institute at various levels;

(o) control and coordinate surveying and mapping activities done by registered organizations and individuals and their registration process;

(p) carry out magnetic survey of entire country in a cyclic order as prescribed by Survey of Pakistan for the purpose of magnetic declination;

(q) have such other functions as are conferred or imposed on it by or under this Act or any other law; and

(r) perform such other functions as may be assigned by the Federal Government.

7. Research and development activities.--(1) Survey of Pakistan shall encourage and collaborate research activities in the field of surveying and mapping, remote sensing, GIS and other fields related to the discipline of surveying and mapping, cartography, instrument development and database with national and international organizations.

(2) Survey of Pakistan shall endeavor to upgrade scientific and technology level in this field and encourage and support any registered organizations and individuals that produce outstanding work in any field of surveying and mapping and related scientific or technological research.

8. Surveys and demarcation, etc.--(1) Survey of Pakistan shall be responsible for the delineation and demarcation of international land boundaries of Pakistan, jointly with the national mapping organizations or other organizations as authorized by the neighboring countries, in accordance with mutually agreed protocol and the plans drawn in the light of such protocol before taking up actual demarcation work.

(2) Survey of Pakistan shall carry out surveying and mapping of the provinces, districts and other administrative boundaries of Pakistan on receipt of requests there for after the alignment thereof has been agreed upon.

(3) Survey of Pakistan may also take up demarcation of land or state boundaries as a deposit work on mutual agreement of the parties consisting of Federal Government, Provincial Governments, district Governments, semi-government departments, autonomous bodies, private parties or individuals or as ordered by a Court of law.

(4) Fifty per cent of the money received against the deposit shall be utilized for capacity building of the Survey of Pakistan in accordance with the prescribed procedure.

9. Authorization to enter into any land.--(1) Any person authorized by Survey of Pakistan for the purpose of this section may, in accordance with the applicable law,--

(a) enter into any land and public building, office or structure for the purpose of carrying out assigned task of collection of spatial or non-spatial data or information subject to applicable laws;

(b) take measurements in or from any such land from survey mark;

(d) insert new survey marks in or on any such land for the purpose of carrying out any survey under this Act or for the purpose of maintaining or repairing any permanent survey marks.

(2) This section does not entitle any person so authorized to enter any building or structure on land, other than a building or structure referred to in clause (a) of sub-section (1).

10. Datum, projection and standards.--(1) Survey of Pakistan shall establish and adopt geodetic, vertical and gravimetric datum at national level. This datum shall be adopted in all national activities of surveying and mapping, including those carried out by the armed forces of Pakistan and the Geological Survey of Pakistan (GSP).

(2) Survey of Pakistan shall define a unified projection system and system of geodetic coordinates and plane co-ordinates and shall define classification, order and accuracies of these co-ordinate systems as may be prescribed.

(3) For the purpose of this section, Survey of Pakistan shall establish independent local plane co-ordinate systems to meet the needs of construction work, urban planning and scientific research activities, which systems may be connected with the national co-ordinate system and shall be kept and maintained as classified information.

11. Registration.--(1) No public or private organization, private firm or individual, national or international, shall undertake any geospatial data collection, production or analysis work and surveying and mapping activities unless they are registered with Survey of Pakistan for such purpose as may be prescribed. The qualifications of staff and suitability for such work shall also be certified by Survey of Pakistan in the prescribed manner.

(2) Before registration, Survey of Pakistan shall obtain clearance of such firms, organizations and individuals in accordance with such procedure as may be prescribed.

(3) Sub-Sections (1) and (2) shall not apply to operations of geospatial data production, analysis, surveying and mapping carried out by--

(a) any student of surveying, studying in a public educational institution or a university; and

(b) any person who produces geospatial data under immediate supervision of a registered organization, firm or individual.

12. Register.--(1) Survey of Pakistan shall maintain a register for the purpose of geospatial data of public surveys which shall contain details about—

(a) surveys carried out by Survey of Pakistan; and

(b) surveys for which details have been forwarded to Survey of Pakistan by any registered organization or individual.

(2) Survey of Pakistan may ensure that public survey conforms with the prescribed standards.

13. Joint survey and mapping and geospatial data production work with foreign companies.--No work related to surveying and mapping, collection and production of geospatial data within Pakistan shall be undertaken by any individual, private firm or Government organization in collaboration with any foreign company or firm or non-governmental organization unless prior written approval is obtained from the Federal Government, observing the requisite channels.

14. Correction of erroneous data.--(1) Where it comes to knowledge of Survey of Pakistan that erroneous data is being or was produced by a registered individual, firm or organization, it—

(a) may nominate an authorized official to inform by notice in writing requiring such data producer to correct the same within the time specified in the notice; and

(b) shall have the authority to engage another registered surveyor to make the correction if data producer does not comply with the notice. The defaulting data producer shall be informed to this effect through a written notice.

(2) The data specified in sub-section (1), if not corrected within the time specified therein, shall immediately be forfeited by Survey of Pakistan and shall not be used for any purpose whatsoever.

(3) Any costs or expenses incurred on work mentioned in sub-section (1) shall, as a debt due to the Government, be recoverable through a Court of competent jurisdiction from the registered individual, firm or organization surveyor.

PART III

MANAGEMENT OF GEOSPATIAL DATA

15. Management of geospatial data.--(1) Survey of Pakistan shall establish and maintain National Spatial Data Infrastructure (NSDI) with support of key stakeholders to ensure consistent mechanism of maintenance, dissemination and sharing geospatial data among all users by reducing duplication in collection and maintenance of aforesaid data and to enhance and improve objective decision making.

(2) NSDI established and maintained under sub-section (1) shall, for development of a system of geospatial databases and data handling facilities, be capable of interacting amongst all stakeholders and ensure putting in place design, implementation and maintenance mechanisms for facilitating, sharing, access and responsible for effective use of geospatial data at an affordable cost.

(3) All basic data or information comprising geodetic data, gravity data, magnetic data, topographical or geographical data, aerial photographs and all relevant records, both analogue and digital, prepared and possessed by Survey of Pakistan shall be maintained in the form of a national geospatial database. Any registered organization, developing geospatial data, shall, in accordance with the procedure prescribed, forward a copy of the data to Survey of Pakistan free of cost for inclusion in the national geospatial database, except the classified data collected by army survey group engineers, Geological Survey of Pakistan or strategic organizations.

(4) Survey of Pakistan shall regularly update geospatial data in the national spatial data infrastructure and supply the same to various users on demand as may be prescribed.

PART IV

SUPPLY AND SECURITY OF GEOSPATIAL DATA

16. Supply and use of geospatial data.--(1) All geospatial data, aerial photographs and satellite imageries may be supplied in the manner und on payment to any individual or organization, as may be prescribed. Classified data shall be provided in the manner prescribed and the same shall be returned to Survey of Pakistan after the specified period.

(2) No classified maps and data shall be allowed to be used by foreign consultants, firms or organizations without prior written approval of the Federal Government.

(3) Without prior written approval of the Surveyor General of Pakistan, no individual, company, firm, private or Government agency shall copy, digitize or print a map or aerial photograph or a part thereof prepared by Survey of Pakistan except digitization by army survey group engineers for operational requirement of armed forces of Pakistan.

(4) Any map which is top secret, secret or restricted shall not be exported out of Pakistan in any format or by any means.

(5) Except as provided under this Act, any act of copying, digitizing or printing any geographic map or photograph or satellite imagery shall be prohibited.

17. Classified data.--The use and maintenance of all data or maps categorized as top secret, secret and restricted shall be in accordance with rules.

PART V

USE OF SURVEY MARKERS

18. Protection, use and maintenance of survey marks.--(1) Nobody shall damage, destroy or remove any survey mark or seize or occupy the land used for permanent surveying marks. In case the marks are established on private property, compensation thereof shall be paid by the Federal Government under applicable law.

(2) No quarrying, demolition, soil gathering or removing or mining activities shall be carried out on, near or over any survey mark, which may damage or endanger its safety and effective utilization.

(3) No individual or organization shall carry out any type of construction within a radius of ten metres of a survey mark, except with prior permission of Survey of Pakistan and such individual or organization shall bear all expenses incurred on removal or re-establishment of the survey mark.

(4) Every surveyor or user of survey marks shall ensure its proper safety during the course of taking observations.

(5) The local administration shall be responsible for protection of all survey marks under its area of jurisdiction and shall send to Survey of Pakistan annual report on prescribed form about condition of the survey marks.

PART VI

NATIONAL AND INTERNATIONAL INITIATIVES

19. Geographical names.--(1) Notwithstanding anything contained in any other Jaw for the time being in force, the Federal Government shall establish, by notification in the official Gazette, a National Naming Authority which shall consist of not more than ten members and shall be chaired by (he Surveyor General of Pakistan.

(2) The functions of the National Naming Authority shall be to appropriately name particular geographical locations and it shall have such powers to enable it to carry out the said functions as may be prescribed.

PART VII

OFFENCES AND PENALTIES

20. Offences.--Any organization, firm, individual or group of individuals engaged in any unauthorized activity within the meanings of this Act shall render itself an accused of illegal practices and

(a) shall be asked by Survey of Pakistan to immediately suspend all such activities;

(b) Survey of Pakistan shall ask concerned police to register a criminal case on such activities;

(c) depending upon nature of such violations, the accused shall be asked by Survey of Pakistan or its designated official to deposit with the department of Survey of Pakistan the entire received money and a penalty up to fifty thousand rupees; and

(d) in case Survey of Pakistan is convinced of major offence on part of the accused then his case shall be referred to
a Court of law and shall be tried for the following, namely:--

(i) any individual or group causing hindrance and obstruction to the work being done by Survey of Pakistan and a registered surveyor shall be liable to be imprisoned for a term which may extend upto one month and a fine upto fifty thousand rupees;

(ii) any individual or group causing damage to survey mark shall be liable to be imprisoned for a term which may extend upto three months and a fine upto one hundred thousand rupees;

(iii) an individual who engages in geospatial data production, analysis and surveying and mapping activities in violation of the provisions of this Act shall be liable to be imprisoned for a term which may extend upto one year and a fine upto one million rupees;

(iv) every act of damaging, destroying, removing, seizing, occupying or establishing a mark resembling a permanent survey mark of Survey of Pakistan shall be an offence under this Act, punishable with imprisonment for a term which may extend upto one month and a fine upto fifty thousand rupees; and

(v) the owners, directors or managers whosoever of any accused organization, firm, individual or group of individuals, which engages in geospatial data production, analysis, surveying and mapping activities or any related activities in violation of the provisions of this Act, shall, if it is proved that such activities have been committed with the consent or connivance on the part of the owner, director or manager, as the case be, be liable to be imprisoned for a term which may extend up to one year and a fine upto five million rupees.

21. Jurisdiction of Courts.--(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), no Court other than a Court of Magistrate of the First Class shall have jurisdiction to try an offence under this Act.

(2) The offences under this Act shall be non-cognizable and bailable.

PART VIII
MISCELLANEOUS

22. Printing and publishing of maps and geospatial data.--(1) Any of the maps and geospatial data, whole or part thereof, falling in the responsibility of Survey of Pakistan, shall not be printed and published by any firm, individual or organization.

(2) During an emergency, selected printing presses of Pakistan shall come under command of Survey of Pakistan on required basis. A list of selected printing presses shall be prepared and updated, on annual basis, by Survey of Pakistan and notified by the Government of Pakistan.

23. Power to make rules.--The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

24. Indemnity.--No suit, prosecution or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done under this Act.

25. Employees to be Civil Servants.--The terms and conditions of service under Survey of Pakistan shall be governed by the Civil Servants Act, 1973 (LXXI of 1973) and the rules made thereunder.

-------------------------

2. Amendment of Section 3, Ordinance LXXI of 2002.--In the National Judicial (Policy Making) Committee Ordinance, 2002 (LXXI of 2002), in Section 3, the words "four Provincial" shall be omitted.

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ACT NO. IV OF 2014

SERVICE TRIBUNALS (AMENDMENT) ACT, 2014.

An Act further to amend the Service Tribunals Act, 1973

[Gazette of Pakistan, Extraordinary, Part-I, 18^th June, 2014]

No. F. 22 (23)/2013-Legis., dated 10.6.2014.--The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 15th June, 2014 and is hereby published for general information:--

WHEREAS it is expedient further to amend the Service Tribunals Act, 1973 (LXX of 1973), for the purposes hereinafter appearing;

It is hereby enacted as follows:--

1. Short title and commencement.--(1) This Act may be called the Service Tribunals (Amendment) Act, 2014.

(2) It shall come into force at once.

2. Amendment of Section 3, Act LXX of 1973.--In the Service Tribunals Act, 1973 (LXX of 1973), hereinafter referred to as the said Act, in Section 3,--

(1) for sub-section (1), the following shall be substituted, namely:--

"(1) The President may, by notification in the official Gazette, establish one or more Service Tribunals as hereinafter provided and, where there are established more than one Tribunal, the President shall specify in the notification the territorial limits within which, or the class or classes or cases in respect of which, each such Tribunal shall exercise jurisdiction under this Act.";

(2) for sub-section (3), the following shall be substituted, namely:--

"(3) A Tribunal shall consist of—

(a) a Chairman, being a person who has been, or is qualified to be judge of a High Court;

(b) such number of members not less than three, each of whom is or has been--

(i) a District Judge; or

(ii) a person who for a period of not less than two years has held a post in BS-21 or above or equivalent under the Federal Government or a Provincial Government with adequate quasi-judicial or legal experience, preference being given to a person having background of dealing with service matters; or

(iii) an Advocate qualified for appointment as Judge of a High Court.".

(3) for sub-section (4), the following shall be substituted, namely:--

"(4) The Chairman and members of a Tribunal shall be appointed by the President for non-extendable term of three years on such other terms and conditions as the President may determine:

Provided that where a serving District Judge or a civil servant is appointed as a member he shall hold office for a term of three years or till the date of superannuation, whichever is earlier.";

(4) for sub-section (7), the following shall be substituted, namely:--

"(7) At any time when—

(i) the Chairman of a Tribunal is absent or is unable to perform the functions of his office due to any cause; or

(ii) office of the Chairman is vacant, the most senior of the other members of a Tribunal shall act as Chairman till the Chairman resumes his office or the regular Chairman is appointed, as the case may be.".

3. Insertion of new Section 4A, Act LXX of 1973.--In the said Act, after Section 4, the following new section shall be inserted, namely:--

"4A. Review.--(1) A tribunal shall have the power to review its final order on a review petition field by an aggrieved party within thirty days of the order on the following grounds, namely:--

(i) discovery of new and important matter or evidence which, after exercise of due diligence, was not within knowledge of the petitioner or could not be produced by him at the time when the order was passed;

(ii) on account of some mistake or error apparent on the face of record; or

(iii) for any other sufficient cause.".

(2) The Tribunal shall decide the review petition within thirty days.

(3) The Tribunal may confirm, set aside, vary or modify the judgment or order under review.".

4. Amendment of Section 5, Act LXX of 1973.--In the said Act, in Section 5, after sub-section (2), the following new sub-section shall be added, namely:--

"(3) A Tribunal shall have the power to execute its decisions in accordance with the procedure as may be prescribed.".

5. Insertion of new Section 5A, Act LXX of 1973.--In the said Act, after Section 5, the following new section shall be inserted, namely:--

"5A. Financial powers of a Tribunal.--(1) The Registrar of the Tribunal shall be the Principal Accounting Officer of a Tribunal.

(2) The Chairman of Tribunal may authorize re-appropriation of funds from one head of account to another head of account and sanction expenditure on any item from within the allocated budget in accordance with the prescribed procedure without reference to Ministry of Finance.".

6. Amendment of Section 8, Act LXX of 1973.--In the said Act, in Section 8, in sub-section (2),--

(i) In clause (a), the word "and" occurring at the end shall be omitted; and

(ii) in clause (b), for the full stop at the end a semi colon and the word ";and" shall be substituted; and

(iii) after clause (b) amended as aforesaid, the following new clause shall be added, namely:--

"(c) execution of decisions of a Tribunal.".

----------------------

ACT NO. V OF 2014

LEGAL PRACTITIONERS AND BAR COUNCILS (AMENDMENT) ACT, 2014

An Act further to amend the Legal Practitioners and Bar Councils Act, 1973

[Gazette of Pakistan, Extraordinary, Part-I, 18^th June, 2014]

No. F. 22 (26)/2013-Legis., dated 17.6.2014.--The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 15th June, 2014 and is hereby published for general information:--

WHEREAS it is expedient further to amend the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973), for the purposes hereinafter appearing;

It is hereby enacted as follows:--

1. Short title and commencement.--(1) This Act may be called the Legal Practitioners and Bar Councils (Amendment) Act, 2014.

(2) It shall come into force at once and except clause (a) of Section 31 which shall come into force on such date as the Federal Government may, by notification in the official Gazette, specify.

2. General amendment, Act XXXV of 1973.--In the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973), hereinafter referred to as the said act, except clause (h) of Section 2, sub-section (2) of Section 6, proviso to Section 7, Section 14, sub-section (2) of Section 17, Section 33, sub-section (5) of Section 62 and Section 67, after the expression "Provincial Bar Council", wherever occurring, the expression "and Islamabad Bar Council" shall be inserted.

3. Amendment of Section 2, Act XXXV of 1973.--In the said Act, in Section 2,--

(a) In clause (d), for the words "or Provinces", the words "or Islamabad Capital Territory" shall be substituted;

(b) after clause (d) amended as aforesaid, the following new clause shall be inserted, namely:--

"(da) "Islamabad Bar Council" means Islamabad Bar Council for Islamabad Capital Territory constituted under this Act;";

(c) in clause (i), after the word "roll" occurring for the first time, the words "and Islamabad Bar Council roll" shall be inserted.

4. Amendment of Section 3, Act XXXV of 1973.--In the said Act, in Section 3, in sub-section (1),--

(a) in clause (i), the word "and" shall be omitted; and

(b) in clause (ii), for the full stop at the end a semicolon and the word ";and" shall be substituted and thereafter the following new clause shall be added namely:--

"(iii) Islamabad Bar Council for Islamabad Capital Territory.".

5. Amendment of Section 5, Act XXXV of 1973.--In the said Act, in Section 5,--

(a) in sub-section (1),--

(i) in clause (a), after the words "Province", the words and commas "or Islamabad Capital Territory, as the case may be," shall be inserted; and

(ii) in clause (b) after the word "roll", the words and commas "or Islamabad Bar Council roll, as the case may be," shall be inserted;

(b) in sub-section (2), in clause (a), the semicolon and the word "and" shall be omitted and after the expression "Balochistan Bar Council" and the entry relating thereto, the following new expression and the entry relating thereto shall be inserted, namely:--

"Islamabad Bar Council 05 ; and";

(d) in sub-section (5), in the Explanation, after the word "concerned" the words "or Islamabad Capital Territory" shall be inserted.

6. Amendment of Section 5A, Act XXXV of 1973.--In the said Act, in Section 5A, in clause (c), for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:--

"Provided that for the first election of Islamabad Bar Council, the qualification required for a candidate for Punjab Bar Council shall apply to the candidate to be elected for Islamabad Bar Council.".

7. Amendment of Section 6, Act XXXV of 1973.--In the said Act, in Section 6,--

(a) in sub-section (2),--

(i) after the word "Province" occurring for the first time, the words "or Islamabad Capital Territory" shall be inserted; and

(ii) after the word "Province" occurring for the second time, the words and commas "or Islamabad Capital Territory, as the case may be," shall be added; and

(b) in sub-section (2A), after the word "Province" the words "or Islamabad Capital Territory" shall be inserted.

8. Amendment of Section 7, Act XXXV of 1973.--In the said Act, in the proviso, in clause (b), for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:--

"Provided further that—

(a) elections to the first Islamabad Bar Council to be constituted under this Act shall be held so as to conclude; and

(b) the first Islamabad Bar Council to be constituted under this Act shall be constituted, on such day as the Federal Government may, by notification in the official Gazette, specify.".

9. Amendment of Section 9, Act XXXV of 1973.--In the said Act, in Section 9, in sub-section (1), in clause (a), after the words "Province" the words "or Islamabad Capital Territory" and after the words "district" the words and to remove advocates from such roll" shall be inserted.

10. Amendment of Section 10, Act XXXV of 1973.--In the said Act, in Section 10, in sub-section (1),--

(a) after clause (a), the following new clause shall be inserted, namely:--

"(aa) a disciplinary committee consisting of not more than five members to be elected by the Council from amongst its members; and";and

(b) in clause (b), after the word "Province" the words and commas "or Islamabad Capital Territory, as the case may be," shall be inserted.

11. Amendment of Section 11, Act XXXV of 1973.--In the said Act, in Section 11,--

(a) in sub-section (1),--

(i) for the word "twenty", the word "twenty-three" shall be substituted; and

(ii) after the word "Sindh" and the entry relating thereto, the following words and entry relating thereto shall be added, namely;--

"Islamabad Capital Territory 01"; and

(b) in sub-section (1A), after the word "Province", the words "and Islamabad Capital territory" shall be inserted.

12. Amendment of Section 12, Act XXXV of 1973.--In the said Act, in Section 12, in sub-section ( 1A), after the word "Province", the words "or Islamabad Capital Territory" shall be inserted.

13. Amendment of Section 13, Act XXXV of 1973.--In the said Act, in Section 13, in sub-section (2), after the word "Council" the words "Islamabad Bar Council" shall be inserted.

14. Amendment of Section 16, Act XXXV of 1973.--In the said Act, in Section 16, in clause (b), after the word "Council", twice occurring the words and commas "or Islamabad Capital Territory, as the case may be," shall be inserted.

15. Amendment of Section 17, Act XXXV of 1973.--In the said Act, in Section 17, in sub-section (2), after the word "concerned", the words and commas "or Islamabad Bar Council, as the case may be," shall be inserted.

16. Amendment of Section 22, Act XXXV of 1973.--In the said Act, in Section 22, in sub-section (2), in clause (c), after the word "Province" occurring twice, the words "and Islamabad Capital Territory" shall be inserted.

17. Amendment of Section 24, Act XXXV of 1973.--In the said Act, in Section 24, in sub-section (1), after the word "Province" occurring twice, the words "and Islamabad Capital Territory" shall be inserted.

18. Amendment of Section 25, Act XXXV of 1973.--In the said Act, in Section 25, in sub-section (1),--

(a) after the word "Province" occurring for the first time, the words "and Islamabad Capital Territory" shall be inserted; and

(b) for the Words "Divisions in the Province", the words "district in the Province and Islamabad Capital Territory" shall be substituted.

19. Amendment of Section 33, Act XXXV of 1973.--In the said Act, in Section 33, after the expressions "Provincial Bar Council" and "Provincial Bar Councils" wherever occurring, the words and commas "or Islamabad Bar Council, as the case may be," shall be inserted.

20. Amendment of Section 39, Act XXXV of 1973.--In the said Act, in Section 39, in sub-section (1), after the word "rolls", the words "and Islamabad Bar Council roll" shall be inserted.

21. Amendment of Section 40, Act XXXV of 1973.--In the said Act, in Section 40, in sub-section (2), after the word "Province", the words "or Islamabad Capital Territory" shall be inserted.

22. Amendment of Section 41, Act XXXV of 1973.--In the said Act, in Section 41, in sub-section (2), in clause (b), after the word "Council", the words "Islamabad Bar Council as the case may be" shall be inserted.

23. Amendment of Section 42, Act XXXV of 1973.--In the said Act, for Section 42, in sub-section (2), after the word "Council", the words "and Islamabad Bar Council as the case may be" shall be inserted.

24. Amendment of Section 43, Act XXXV of 1973.--In the said Act, in Section 43, in sub-section (2), after the word "Province", the words "or Islamabad Capital Territory, as the case may be" shall be inserted.

25. Amendment of Section 44, Act XXXV of 1973.--In the said Act, in Section 44, in sub-section (3), in clause (b), after the word "Council", the words "or Islamabad Bar Council", shall be inserted.

26. Amendment of Section 46, Act XXXV of 1973.--In the said Act, in Section 46, in sub-section (1), after the word "Council", occurring for the second time, the words "or Islamabad Bar Council", shall be inserted.

27. Insertion of new section, Act XXXV of 1973.--In the said Act after Section 46, the following new section shall be inserted, namely:--

"46A. Execution of an order of a Bar Council, a Committee or a Tribunal.--Subject to the provisions of this Act and the rules made thereunder every order of a Bar Council, a Committee or a Tribunal shall be executable as order of a Civil Court."

28. Omission of Section 52, Act XXXV of 1973.--In the said Act, Section 52 shall be omitted.

29. Amendment of Section 54, Act XXXV of 1973.--In the said Act, in Section 54, in sub-section (2), in clause (a), after the word "Council", occurring for the second time, the words "or Islamabad Bar Council", shall be inserted.

30. Amendment of Section 56, Act XXXV of 1973.--In the said Act, in Section 56,- (b) after clause (m), the following new clause shall be inserted, namely:--

"(ma) the forming and regulation of firms of lawyers in Islamabad Capital Territory;"

31. Amendment of Section 62, Act XXXV of 1973.--In the said Act, in Section 62, in sub-section (2), in clause (a), after the word "Council", occurring for the second time, the words and commas "or Islamabad Bar Council", as the case may be," shall be inserted.

32. Amendment of Schedule, Act XXXV 1973.--In the said Act, in the Schedule,--

(a) in the heading "Punjab Bar Council", in the sub-heading "Group of District-V", item (3) and the entry relating thereto shall be omitted ; and

(b) after the heading "Balochistan Bar Council" and the entries relating thereto, the following new heading and entries relating thereto shall be added, namely:--

"Islamabad Bar Council

Name of the District Seats

Islamabad 05".

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ACT NO. VI OF 2014

ANTI-TERRORISM (AMENDMENT) ACT, 2014

An Act further to amend the Anti-terrorism Act, 1997

[Gazette of Pakistan, Extraordinary, Part-I, 18^th June, 2014]

No. F. 22 (31)/2013-Legis., dated 15.6.2014.--The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 15th June, 2014 and is hereby published for general information:--

WHEREAS it is expedient further to amend the Anti-terrorism Act, 1997 (XXVII of 1997), for the purposes hereinafter appearing;

It is hereby enacted as follows:--

1. Short title and commencement.--(1) This Act may be called the Anti-terrorism (Amendment) Act, 2014.

(2) It shall come into force at once.

2. Amendment of Section 5, Act XXVII of 1997.--In the Anti-terrorism Act, 1997 (XXVII of 1997), hereinafter referred to as the said act, in Section 5, in sub-section (2), in Paragraph (i),--

(i) for the words "when fired upon", the words and comma ''after forming reasonable apprehension that death or grievous hurt may be caused by such act or offence", shall be substituted;

(ii) for the semi-colon at the end, a colon shall be substituted, and thereafter the following provisos shall be added, namely:--

"Provided that an order to open fire in such circumstances shall be given by a police officer not below the rank of BS-17 and equivalent rank in the case of a member of Armed Forces or civil Armed forces or by a Magistrate on duty:

Provided further that the decision to fire or order firing shall be taken only by way of last resort, and shall in no case extend to the inflicting of more harm than is necessary to prevent the terrorist act or scheduled offence which has given rise to the reasonable apprehension of death or grievous hurt:

Provided further that all cases of firing which have resulted in death or grievous injury shall be reviewed by an internal inquiry committee constituted by the head of the law enforcement agency concerned."

3. Amendment of Section 11-EEEE, Act XXVII of 1997.--In the said Act, in Section 11EEEE,--

(i) for sub-section (1), the following shall be substituted, namely:--

"(1) The Government or, where the provisions of Section 4 have been invoked, the armed forces or civil armed forces, as the case may be, subject to the specific or general order of the Government in this regard, for a period not exceeding three months and after recording reasons thereof, issue order for the preventive detention of any person who has been concerned in any offence under this Act relating to the security or defence of Pakistan or any part thereof, or public order relating to target killing, kidnapping for ransom, and extortion/bhatta, or the maintenance of supplies or services, or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned, for purpose of inquiry:

"Provided that the detention of such person, including detention for further period after three months, shall be subject to the provisions of Article 10 of the Constitution.":

(ii) in sub-section (2), for the full stop, at the end, a colon shall be substituted and thereafter the following proviso shall be inserted, namely:--

"Provided that where the detention order has been issued by the armed forces or civil armed forces under sub-section (1), the inquiry shall be conducted by the JIT comprising members of anned forces or Civil armed forces, as the case may be, intelligence agencies and other law enforcement agencies, including a police officer not below the rank of Superintendent of Police."; and

(iii) After sub-section (2), amended as aforesaid, the following new sub-section shall be inserted, namely:--

"(2A) The provisions of sub-Sections (1) and (2) shall remain in force for such period as may be notified by the Government from time to time:

Provided that such period shall not exceed two years from the commencement of the Anti-terrorism (Amendment) Act, 2014 (of 2014).".

(iv) After sub-section (4), the following new sub-section shall be inserted, namely.--

"(5) Any person detained under this section shall be provided facility of medical checkup as may be prescribed by rules.".

4. Amendment of Section 18, Act XXVII of 1997.--In the said Act, in Section 18, in sub-section (1), the word "Provincial" shall be omitted.

5. Amendment of Section 19, Act XXVII of 1997.--In the said Act, in Section 19,--

(i) for sub-section (1), the following shall be substituted, namely:--

"(1) An investigating officer under this Act shall be an officer or Police Officer not .below the rank of Inspector or equivalent or, if the Government deems necessary Joint Investigation Team' to be constituted by the Government shall be headed by an Investigating Officer of Police not below the rank of Superintendent of Police, (BS-18) and other officers of JIT may include equivalent rank from Intelligence Agencies, Armed Forces and Civil Armed Forces. The JIT shall comprise five members and for the meeting purposes the quorum shall consists of three members.

The investigating officer to the JIT, as the case may be, shall complete the investigation in respect of cases triable by the Court within thirty working days. The report under Section 173 of the Code shall be signed and forwarded by the investigating officer of police directly to the Court:

Provided that where the provisions of Sections 4 and 5 have been invoked, the investigation shall be conducted by the JIT comprising members of armed forces or civil armed forces, as the case may be, intelligence agencies and other law enforcement agencies including an investigating officer of police not below the rank of Inspector who shall sign the report under Section 173 of the Code and forward it to the Court:

Provided further that, where investigation is not completed within a period of thirty days from the date of recording of the first information report under Section 154 of the code, the investigating officer or the JIT shall, within three days after expiration of such period, forward to the Court through the Public Prosecutor, an interim report under Section 173 of the Code, stating therein the result of investigation made until then and the Court shall commence the trial on the basis of such interim report, unless, for reasons to be recorded, the Court decides that the trial may not so commence. The interim report shall be signed by the investigating officer of police;

(ii) after sub-section (IA), the following new sub-section shall be inserted, namely:--

"(IB) Where any person has been arrested by the armed forces or civil armed forces under Section 5, he shall be handed over to the investigating officer of the police station designated for the purpose by the Provincial Government in each District.";

(iii) for sub-section (7), the following shall be substituted, namely:--

"(7) The Court shall, on taking cognizance of a case, proceed with the trial from day-to-day and shall decide the case within seven days, failing which the matter shall be brought to the notice of the Chief Justice of the High Court concerned for appropriate directions, keeping in view the facts and circumstances of the case.”;

(iv) in sub-section (8), for the words "consecutive adjournments during the trial of the case" the words "adjournments during the trial of the case and that also imposition of exemplary costs" shall be substituted; and

(v) In sub-section (8a), after the word "sub-section" the brackets, figure and word "(7) or" shall be inserted.

6. Insertion of new section, Act XXVII of 1997.--In the said Act, after Section 19A, the following new section shall be inserted, namely:--

"19B Pre-trial scrutiny.--Before commencement of the trial, the prosecutor shall scrutinize the case file to ensure that all pre-trial formalities have been completed so that the actual trial proceeds uninterrupted from day-to-day.".

7. Amendment of Section 21, Act XXVII of 1997.--In the said Act, in Section 21,--

(i) in sub-section (2), after the full-stop, at the end, the following shall be inserted, namely:--

"These measures may include the following, namely:--

(a) screens may be used during trial to shield witnesses, Judges and Prosecutors from public view;

(b) trial may be held in jail premises or through video link;

The Provincial Government shall take necessary steps to ensure that prisoners in Jails do not have access to mobile phones."; and

(ii) after sub-section (3), the following new sub-section shall be inserted, namely:--

"(4) The provisions of this section shall have effect notwithstanding anything contained in any other law for the time being in force, including the Qanun-e-Shahadat, 1984 (P.O. No. 10 of 1984).".

8. Amendment of Section 27, Act XXVII of 1997.--(1) In the said Act, in Section 27,--

(i) in the short title, after word "investigation" the words "and reward for successful investigation" shall be added;

(ii) sub-section (1) shall be re-numbered as sub-section (1) of the said section; and

(iii) after (1) re-numbered as aforesaid, the following new sub-section shall be inserted, namely:--

"(2) Incentive systems shall be introduced by the Provincial Governments providing for appropriate rewards to investigating officers who conduct successful investigation.".

9. Insertion of new sections, Act XXVII of 1997.--In the said Act, after Section 27A, the following new Sections shall be inserted, namely:--

"27AA. Punishment for false implication.--Where an investigating officer dishonestly and falsely involves, implicates or arrests a person alleged to have committed any scheduled offence shall be punishable with imprisonment for a term which may extend to two years or with fine or with both:

Provided that action against such investigating officer shall not be taken without the prior approval of the Government..

27B. Conviction on the basis of electronic or forensic evidence etc.--Notwithstanding anything contained in this Act or Qanun-e-Shahadat, 1984 (P.O. No. 10 of 1984) or any other law for the time being in force, a person accused of an offence under this Act may be convicted on the basis of electronic or forensic evidence or such other evidence that may have become available because of modern devices or techniques referred to in Article 164 of the Qanun-e-Shahadat, 1984 (P.O. No. 10 of 1984):

Provided that the Court is fully satisfied as to the genuineness of such evidence.".

10. Amendment of Section 28, Act XXVII of 1997.--In the said Act, in Section 28,--

(i) after sub-section (1), the following new sub-section shall be inserted, namely:--

"(1A) Where it appears to the Government that it would be in the interest of justice or expedient for protection and safety of judges, witnesses or prosecutors, it may apply to the Chief Justice of the High Court concerned for transfer of a case from, an Anti-terrorism Court falling within its jurisdiction to an Anti-terrorism Court in any other place in Pakistan and for this purpose shall also seek concurrence of the Chief Justice of the High Court concerned."; and

(ii) after sub-section (2), the following new sub-Sections shall be added, namely:--

"(3) The Federal Government may in the interests of justice and for protection and safety of witnesses and investigators, transfer the investigation of any case from one place to any other place in Pakistan.

(4) The investigating officer or the agency to which case is transferred under sub-section (3), may proceed from the stage the inquiry or investigation was left or may proceed with the case as if it had been originally entrusted to him or the agency, as the case may be.

(5) On completion of investigation and before submission of report under Section 173 of the Code, the Federal Government may direct that the case falling in the jurisdiction of a particular Anti-terrorism Court may be forwarded for trial to another Anti-terrorism Court anywhere in Pakistan, as may be specified by the Federal Government in this behalf, in the public interests or for the safety and protection of judges, public prosecutors or witnesses.".

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ACT No. VII OF 2014

ANTI-TERRORISM (SECOND AMENDMENT)
ACT, 2014

An Act further to amend the Anti-terrorism Act, 1997

[Gazette of Pakistan, Extraordinary, Part-I, 21^st June, 2014]

No. F. 9(4)/2014-Legis., dated 20.6.2014--The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 20th June, 2014, is hereby published for general information:--

WHEREAS it is expedient further to amend the Anti-Terrorism Act, 1997 (XXVII of 1997), for the purposes hereinafter appearing;

WHEREAS it is expedient to address short-comings relating to the terrorism financing provisions in the Anti-terrorism Act, 1997 (XXVII of 1997), covering all aspects of the offence in the light of international standards and to provide for more effective measures for law enforcement agencies to investigate the offences;

WHEREAS the provisions of freezing, seizing and forfeiture of property involved in the terrorism financing offence have been strengthened to ensure that the funding of the terrorism financing offence in detected and seized after due process of law;

It is hereby enacted as follows:--

1. Short title and commencement.--(1) This Act may be called the Anti-terrorism (Second Amendment) Act, 2014.

(2) It shall come into force at once.

2. Amendment of Section 2, Act XXVII of 1997.--In the Anti-terrorism Act, 1997 (XXVII of 1997), hereinafter referred to as the said Act, in Section 2,--

(a) After clause (h), the following new clause shall be inserted, namely:--

"(ha) "freeze" means to prohibit the transfer, conversion, disposition or movement of any money or other property;";

(b) for clause (q), the following new clause shall be substituted, namely:--

"(q) "proscribed organization" means any organization which is listed in the First Schedule under Section 11B;"; and

"(qa) "proscribed person" means any individual who is listed in the Fourth Schedule under Section 11EE;"

(d) after clause (v), the following new clause shall be inserted, namely:--

“(va) "seize" means to take custody or control of money or other property in order to prohibit its transfer, conversion, disposition or movement;";

3. Substitution of Section 11B, Act XXVII of 1997.--In the said Act, for Section 11B, the following shall be substituted, namely:--

"11B. Proscription of organizations.--(1) The Federal Government may, by order published in the official Gazette, list an organization as a proscribed organization in the First Schedule on an ex parte basis, if there are reasonable grounds to believe that it is--

(a) concerned in terrorism; or

(b) owned or controlled, directly or indirectly, by any individual or organization proscribed under this Act; or

Explanation.--The opinion concerning reasonable grounds to believe may be formed on the basis of information received from any credible source, whether domestic or foreign including governmental and regulatory authorities, law enforcement agencies, financial intelligence units, banks and non-banking companies, and international institutions.

(2) The grounds shall be communicated to the proscribed organization within three days of the passing of the order of proscription.".

4. Amendment of Section 11-C, Act XXVII of 1997.--In the said Act, in Section 11-C,--

(i) for sub-section (1), the following shall be substituted, namely:--

"(1) Where any proscribed organization is aggrieved by the order of the Federal Government, made under Section 11B, it may, within thirty days of such order, file a review application, in writing, before the Federal Government, stating the grounds on which it is made and the Federal Government shall, after hearing the applicant, decide the matter on reasonable grounds within ninety days.".

(ii) sub-section (3), shall be omitted.

5. Insertion of Section 11CC, Act XXVII of 1997.--In the said Act, after Section 11C, the following new Section 11CC, shall be inserted, namely,--

"11CC. Proscription Review Committee.--The Federal Government shall constitute a Proscription Review Committee, comprising three Government officers, including a representative of the Ministry of Law and Justice, with the Chairman of the Committee being a person not below the rank of a Joint Secretary to the Federal Government, to decide, within thirty days, review applications filed under Sections 11C and 11EE.".

6. Amendment of Section 11D, Act XXVII of 1997.--In the said Act, in Section 11D, in sub-section (1), for the word "reason" the words "reasonable grounds" shall be substituted.

7. Amendment of Section 11E, Act XXVII of 1997.--In the said Act, in Section 11E, in sub-section (1), clause (b) shall be omitted.

8. Amendment of Section 11EE, Act XXVII of 1997.--In the said Act, in Section 11EE,--

(i) for sub-section (1) the following shall be substituted, namely:--

"(1) The Federal Government may, by order published in the official Gazette, list a person as a proscribed person in the fourth Schedule on an ex-parte basis, if there are reasonable grounds to believe that such person is—

(a) concerned in terrorism;

(b) an activist, office bearer or an associate of an organization kept under observation under Section 11D or proscribed under Section 11B; and

(c) in any way concerned or suspected to be concerned with such organization or affiliated with any group or organization suspected to be involved in terrorism or sectarianism or acting on behalf of, or at the direction of, any person or organization proscribed under this Act:

(ii) after sub-section (1), the following new sub-section (1A), shall be inserted, namely:--

"(1A) The grounds shall be communicated to the proscribed person within three days of the passing of the order of proscription.".

(iii) in sub-section (2), the words "or Provincial Government" shall be omitted.

(iv) for sub-section (3), the following shall be substituted, namely:--

"(3) Where any person is aggrieved by the order of the Federal Government made under sub-section (1), he may, within thirty days of such order, file a review application, in writing, before the Federal Government stating the grounds on which it is made and the Government shall, after hearing the applicant, decide the matter on reasonable grounds within ninety days."; and

(v) after sub-section (3), substituted as aforesaid, the following new sub-section shall be inserted, namely:--

"(3A) A person whose review application has been refused under sub-section (3) may file an appeal to the High Court within thirty days of the refusal of the review application.

(vi) in sub-section (4), the words "or Provincial Government" shall be omitted.

(vii) for the title "Security for good behavior", the title "Proscription of person" shall be substituted.

9. Amendment of Section 11J, Act XXVII of 1997.--In the said Act, Section 11J shall be re-numbered as sub-section (1) of that and after sub-section (1), re-numbered as aforesaid, the following new sub-section shall be added, namely:--

"(2) Any person in Pakistan or a Pakistani national outside Pakistan shall commit an offence under this Act, if he knowingly or willfully makes money or other property or services available, directly or indirectly, wholly or jointly, for the benefit of a proscribed organization or proscribed person.".

10. Substitution of Section 11O, Act XXVII of 1997.--In the said Act for Section 11O, the following shall be substituted, namely:--

"11O. Seizure, freeze and detention.--(1) On proscription made under Section 11B or, as the case may be, Section 11EE,--

(a) the money or other property owned or controlled, wholly or partly, directly or indirectly, by a proscribed organization or proscribed person shall be frozen or seized, as the case may be;

(b) the money or other property derived or generated from any property referred in clause (a) shall be frozen or seized, as the case may be;

(c) no person shall use, transfer, convert, dispose of or remove such money or other property with effect from proscription; and

(d) within forty-eight hours of any freeze or seizure, the person carrying out the freeze or seizure shall submit a report containing details of the property and the persons affected by the freeze or seizure to such office of the Federal Government as may be notified in the official Gazette.

(2) Any person who violates any provision of sub-section (1) shall be liable to penalty of fine not exceeding ten million rupees.

(3) If a legal person violates any provision of sub-section (1), such person shall be liable to penalty of fine not exceeding ten million rupees and every director, officer or employee of such person found guilty of the violation shall be punished in terms thereof.

(4) On an application made by any affected person, the Federal Government shall inquire into the ownership and control of any money or other property that has been frozen or seized and, if it is satisfied that the money or other property has inadvertently been frozen or seized, the same shall be ordered to be released immediately.

(5) No prosecution, suit or other proceedings shall lie against the government or any other person complying or purporting to comply with sub-section (1) for anything done in good faith to effect freeze or seizure.".

11. Insertion of Section 11OO, Act XXVII of 1997.--In the said Act, after Section 11OO, the following new section shall be inserted, namely:--

“11OO. Access to services, money or other property.--(1) The Federal Government may permit a person to make available to a proscribed organization or proscribed person such services, money or other property as may be prescribed, including such money as may be required for meeting necessary medical and educational expenses and for subsistence allowance, and such person shall not be liable for any offence under this Act on account of provision of the prescribed services, money or other property.

(2) On an application made by a proscribed organization or proscribed person, the Federal Government may authorize such organization or person to access such money or other property or avail such services as may be prescribed.".

12. Substitution of Section 11P, Act XXVII of 1997.--In the said Act, for Section 11 P, the following shall be substituted, namely:--

"11P. Application by investigating officer to Court.--(1) An investigating officer may apply to a Court for an order under this section for attachment of a terrorist property.

(2) An order under this section, shall—

(a) provide for attachment of the terrorist property for a period specified in the order or pending completion of the investigation; and

(b) require notice to be given to the person from whom such property was attached and to any other person who is affected by and specified in the order.

(3) Any cash attached under this section shall be held in a profit and loss account and the profit and loss so earned shall be added to it on its release or forfeiture.".

13. Substitution of Section 11R, Act XXVII of 1997.--In the said Act, for Section 11R, the following shall be substituted, namely:--

"11R. Evidentiary standard for forfeiture.--(1) The Court may pass an order for forfeiture under Section 11Q upon conviction and only if satisfied on reasonable grounds that the money or other property is a terrorist property and before so doing must give an opportunity to be heard to any person,--

(a) who is not a party to the proceedings; and

(b) who claims to be the owner of or otherwise interested in any of the money or other property which can be forfeited under this section.

(2) An order may be made under Section 11Q, whether or not proceedings are brought against all the persons for an offence with which the money or other property is connected.".

14. Amendment of Section 11S, Act XXVII of 1997.--In the said Act, in Section 11S, the words and figure "or Section 11R" shall be omitted.

15. Substitution of Section 11U, Act XXVII of 1997.--In the said Act, for Section 11U, the following shall be substituted, namely:--

"11U. De-proscription.--(1) The Federal Government may, by notification in the official Gazette, at any time remove any organization or person from the First Schedule or Fourth Schedule, as the case may be, on the basis that no reasonable ground for proscription exists.

(2) After three years of the disposal of appeal, if any, or where no appeal was filed, from the date of the order of proscription, or form the date of any refusal of an application of de-proscription,--

(a) the Federal Government shall conduct review of the proscriptions to determine whether any proscription may be cancelled on the basis provided for under sub-section (1); and

(b) until a proscription is cancelled, any money or other property frozen or seized on account of the proscription shall remain frozen or seized, as the case may be.

(3) On cancellation of the proscription under this Act, any money or other property that has been frozen or seized shall be released in a timely manner.".

16. Amendment of Section 34, Act XXVII of 1997.--In the said Act, in Section 34, for the words and commas "First, Second, Third and fifth Schedules" the word "Schedules" shall be substituted.

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