Vol. XLII 2014
PAKISTAN LAW JOURNAL
(P.L.J.)
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Federal Statutes
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ORDINANCE NO. VI OF 2013
SURVEYING AND MAPPING ORDINANCE, 2013
An Ordinance to provide for constitution and
regulation of
Surrey of Pakistan
[Gazette of Pakistan, Extraordinary, Part-I, 1st
July, 2013]
No.
F. 2(1)/2013-Pub.The
following Ordinance promulgated by the President 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;
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:
PART I
PRELIMINARY
Introductory
1. Short title, extent and commencement.(1) This Ordinance may called the Surveying
and Mapping Ordinance, 2013.
(2) It
extends to the whole of Pakistan.
(3) It
shall come into force at once.
2. Definitions.In this Ordinance, 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 instated in an aircraft or any sort of airborne
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" means extra departmental jobs carried out on payment basis;
(iv) "digital
maps" means geographic maps produced through satellite images, GPS, total
station data or digitized using mapping software;
(v) "engineering
maps" means 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" means 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 Ordinance;
(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 Ordinance 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 Ordinance 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 Ordinance.
(2) For
efficient administration of Survey of Pakistan, there shall be Surveyor General
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.(1) Under this Ordinance,--
(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 Ordinance and the rules made
thereunder.
6. Functions of Survey of Pakistan.For carrying out the purposes of this
Ordinance, 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 Ordinance
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) The
Survey of Pakistan
shall endeavor to upgrade the scientific and technological 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 province, 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 the 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;
(c) search
for and, if necessary, uncover any existing survey marks in or on any such
land; and
(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 coordinates and shall define classification, order and accuracies of
these coordinate 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, the Survey of Pakistan shall obtain clearance of such firms,
organizations and individuals from concerned agencies as it may deem appropriate.
(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 public educational institutions or 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 the Survey of Pakistan; and
(b) surveys
for which details have been forwarded to the Survey of Pakistan by any
registered organization or individual.
(2) The 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 the 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 be immediately forfeited by the 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 be
recoverable through a Court of competent jurisdiction, as a debt due to the Government,
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 the 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 be for development of a
system of geospatial databases and data handling facilities, 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 GEOSPAT1AL DATA
16. Supply and use of geospatial data.(1) All geospatial data, aerial photographs
and satellite imageries, may be supplied in the manner and 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 unless security clearance has been obtained from the
Federal Government and such clearance shall be routed through Survey of
Pakistan only.
(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 Ordinance, 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
markers.(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 as per
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 the 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 the protection of all survey
marks under its area of jurisdiction and shall send to the Survey of Pakistan annual
report on prescribed form about the condition of survey marks.
PART VI
NATIONAL AND INTERNATIONAL INITIATIVES
19. Geographical names.Notwithstanding anything contained in any other
law for the time being in force, the Federal Government shall establish, by notification
in the official Gazette, a National Naming Authority consisting of such members
as it may deem appropriate under the administrative control of Survey of Pakistan.
The Authority shall have such functions and powers as may be prescribed.
PART VII
OFFENCES AND PENALTIES
20. Offences.(1) Any organization, firm, individual or
group of individuals engaged in any unauthorized activity within the meanings
of this Ordinance shall render itself an accused of illegal practices and
shall,
(a) 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 the Survey of
Pakistan or his designated official to deposit the entire received money with
the department and a penalty up to fifty thousand rupees;
(d) in
case Survey of Pakistan is convinced of major offence on the 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 Ordinance 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 Pakistan shall be an offence under this Ordinance 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 Ordinance,
shall 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 the jurisdiction to try an offence
under this Ordinance.
(2) The offences under this Ordinance shall
be non-cognizable and bail-able.
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 the 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. Powers to make rules.The Federal Government may, by notification
in the official gazette, make rules for carrying out the purposes of this Ordinance.
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 Ordinance.
25. Employees to be civil servants.The terms and conditions of service under the
Survey of Pakistan shall be governed by the Civil Servants Act, 1973 (LXXI of
1973) and the rules made thereunder.
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NOTIFICATION
TRADE ORGANIZATIONS RULES, 2013
[Gazette of Pakistan, Extraordinary, Part-II, 30th
March, 2013]
S.R.O.
267(I)/2013, dated 26.3.2013.In
exercise of the powers conferred by Section 31 of the Trade Organizations Act,
2013 (II of 2013), the Federal Government is pleased to make the following
rules, namely:--
1, Short title and commencement.(1) These rules may be called the Trade
Organizations Rules, 2013.
(2) They
shall come into force at once.
2. Definitions.(1) In these rules, unless there is anything
repugnant in the subject or context,
(a) "Act"
means the Trade Organizations Act, 2013 (II of 2013);
(b) "associate
member" means a member of a trade organization which is not a body
corporate or a multinational or a sales-tax-registered manufacturing concern or
a sales-tax-registered business concern having annual turn-over of not less
than fifty million Rupees;
(c) "association"
means an association with membership on all Pakistan basis organized to
represent a specific trade, industry or service or any combination thereof as
provided in clause (d) of sub-section (2) of Section 3 of the Act;
(d) "association
of small traders" means an association with membership on all-Pakistan
basis organized to represent specific small traders, small businesses or small
industry as provided in first proviso to clause (d) of sub-section (2) of Section
3 of the Act;
(e) "chamber"
means a chamber of commerce and industry organized to represent trade, industry
and services in a specific area as provided in clause (b) of sub-section (2) of
Section 3 of the Act;
(f) "chamber
of small traders" means a chamber organized to represent small businesses,
small traders and small industry as provided in clause (f) of sub-section (2)
of Section 5 of the Act;
(g) "corporate
member" means a member of a trade organization which is either a body
corporate or a multinational corporation with its head office or branch office
in Pakistan or a sales-tax-registered manufacturing concern or a
sales-tax-registered business concern having annual turn-over of not less than
fifty million Rupees;
(h) "Federal
Area" means Islamabad
Capital Territory;
(i) "Federation"
means a Federation of Pakistan Chambers of Commerce and Industry organized on
all-Pakistan basis to represent chambers, associations, women's chambers and
chambers of small traders and associations of small traders;
(j) "general
body" means all members of a trade organization;
(k) "northern
zone" means the Provinces of Punjab and Khyber Pakhtunkhwa and Federal
Area;
(l) "plan
of activities" means a list of proposed activities, expected financial
expenditures and outcome and intended goals for the trade organization as
provided in Rule 23;
(m) "schedule"
means schedule to these rules;
(n) "secretary
general" means an individual professional full-time employee of the trade
organization who shall be in charge of the secretariat of the trade
organization and responsible for day to day operations of the trade
organization and in his capacity as such shall be custodian of all record
pertaining to the trade organization;
(o) "southern
zone" means the Provinces of Sindh and Baluchistan;
(p) "town
association" means a town association, organized to represent trade,
industry or service in a town, tehsil, taluka or a district where there is no
chamber and such town association shall be affiliated with the chamber of the
concerned district;
(q) "women's
chamber" means a Chamber of Commerce and Industry organized to represent
women entrepreneurs as defined in clause (c) of sub-section (2) of Section 3;
and
(r) "woman
entrepreneur" means
(i) a sole proprietorship where the proprietor
is a female; or
(ii) a partnership where the majority partners
are female; or
(iii) an association of any kind where majority of
its persons are female; or
(iv) a company where majority shares are held by
female.
(2) The
words and expressions used but not defined herein shall have the same meanings
as are assigned to them in the Act.
3. Eligibility for licence.(1) No application for grant of licence under
Section 3 of the Act shall be entertained by the Federal Government unless the
applicant is a trade organization and intended to be formed as any of the types
of trade organizations specified in sub-section (2) of the said Section 3.
(2) Subject
to the provisions of Section 3 of the Act, an applicant trade organization,
save as to the Federation, shall only be licensed under these rules to be
registered under the Ordinance, if such trade organization meets the following
minimum requirements, namely:
(a) it
represents a specific area or trade or industry or service or any combination
thereof;
(b) in
case of a chamber it has a minimum of one hundred and fifty members who are
either permanently domiciled in the relevant district or have a substantial
business interest such as an industrial concern, a corporate business entity or
are being assessed for the purposes of income tax and sales tax in the
territorial jurisdiction of the proposed chamber;
(c) in
case of a chamber of small traders it has a minimum of three hundred members
who shall be permanently domiciled in the relevant district or have a
substantial business interest such as industrial concern, a business entity or
are being assessed for the purposes of income tax and sales tax in the
territorial jurisdiction of the proposed chamber;
(d) in
case of an association,
(i) it has one hundred members; or
(ii) where due to the size and nature of trade,
industry or service, there are less than one hundred members but the combined
revenue of the sector is significant and the proposal is supported by at least
half of the total number of concerns in the respective trade, industry or
service;
(iii) its members are stakeholders in the relevant
trade or industry or service; or
(iv) its membership is on all-Pakistan basis
unless it has been established to the satisfaction of the Federal Government
that the nature of the trade, industry, service or any combination thereof
renders it impractical or impossible to have membership on all Pakistan basis;
(e) in
case of an association of small traders, it has a minimum of three hundred
members:
Provided
that it shall fulfil all the requirements mandatory for establishment of an
association on all Pakistan
basis:
Provided
further that licence for registration as an all-Pakistan association shall not
be granted to more than two trade organizations in the same sector, out of
which at least one will represent the small traders, small businesses or small
industry in the same sector;
(f) in
case of a women's chamber, it has a minimum of one hundred members; or
(g) in
case of a town association it has a minimum of one hundred members;
(3) No
trade organization shall be licensed under these rules for registration unless
it is self-sustained and financially feasible ie. where the expected expenses
do not exceed the proposed revenues.
4. Application for grant of licence.(1) An application for grant of licence under
these rules shall be made on the format as set out in Schedule 'A' and
accompanied by the following documents and information, namely:--
(a) a
list of prospective members along with
(i) details of prospective members' business
character, national tax number and sales tax registration, if applicable, in
name of the business concern; and
(ii) a copy of the national identity card of the
authorized representative of the member;
(b) names
and profiles of sponsors of trade organizations;
(c) justification
for establishment of the proposed trade organization which may include--
(i) in case of a chamber and a chamber of
small traders, the economic profile of the district indicating number and
nature of industrial concerns, average revenue receipts during last three years
and profile of traditional products, if any; or
(ii) in case of women chamber, economic profile
of the division or district, indicating number and nature of industrial
concerns, average revenue receipts during last three years and profile of
traditional products, if any; or
(iii) in case of an association and an association
of small traders, sectoral brief containing size and nature of trade, industry
or service, number of trading and industrial concerns, its contribution to
gross domestic products, estimated volume of imports and exports and revenue
collection in the sector; or
(iv) in case of a town association, economic
profile of the concerned town, tehsil, taluka or district indicating number and
nature of industrial concerns, average revenue receipts during last three years
and profile of traditional products, if any;
(d) a
hard and a soft copy of draft memorandum and articles of association of trade
organization in accordance with these rules, the Act, the Ordinance and the
Federal Government's public notices as issued from time to time;
(e) copies
of bye-laws of trade organization, if any;
(f) national
tax number for the applicant trade organization;
(g) copies
of national press notices as provided under Rule 9;
(h) receipt
evidencing payment of fees as set out in Schedule 'E';
(i) plan
of activities for the trade organization as audited by a firm of chartered
accountants; and
(j) financial-feasibility-statement,
certified by a chartered accountant.
5. Grant of licence de novo.An application for a de novo licence, following
a licence of a trade organization having been cancelled under Section 7 of the
Act, shall be made to the Federal Government on the format as set out in Schedule
'C and shall include the following information, namely:
(a) details
of new sponsors of the trade organization whose licence was cancelled;
(b) receipt
evidencing payment of fees as prescribed in Schedule `E'; and
(c) grounds
for grant of de novo licence in view of the circumstances under which the
licence was cancelled.
6. Terms and conditions of licence.(1) A licence granted to any trade
organization under these rules shall be subject to the following terms and conditions,
namely:
(a) that
the trade organization maintains a membership register and allows, for public,
access to such register;
(b) that
the trade organization keeps accurate paper record of all matters pertaining to
the operations and management of the trade organization;
(c) that
for the first five years of grant of licence, the trade organization maintains
the minimum membership threshold provided in clauses (b),(c), (d), (e), (f) and
(g) of sub-rule (2) of Rule 3;
(d) that
within five years of grant of licence, the trade organization shall raise and
subsequently maintain, for all times, the minimum membership threshold provided
in clause (a) of sub-rule (2) of Rule 10;
(e) that
the trade organization applies, within thirty days of the date of the licence,
for incorporation as a company under the Ordinance and shall secure
incorporation within ninety days of the date of licence;
(f) that
the trade organization submits application form for membership of the
Federation within one month alongwith the payment of stipulated subscription
and maintains its membership with the Federation:
Provided
that on submission of application form and deposit of fee by the licensed trade
organization, the Federation shall grant membership within one month;
(g) that
all information and data provided by the applicant trade organization to the
Federal Government is accurate and reliable;
(h) that
the trade organization complies with the provisions of the Ordinance, these
rules and any other rules and regulations, if applicable;
(i) that
within one month of grant of the licence, the trade organization shall
establish its independent office which shall
(i) be housed in a premises, not being used as
residence or office of any of its members;
(ii) have telephone, fax and internet
connection, etc., in name of the trade organization;
(iii) be located at a prominent and easily
accessible place;
(iv) in case of a chamber and a chamber of small
traders, be located within municipal limits of the headquarter of the concerned
district;
(v) in case of a town association, be located
within municipal limits of the concerned town, tehsil, taluka or district; and
(vi) in case of a women's chamber, be located at
the place mentioned in the memorandum and articles of association of the
women's chamber;
(j) that
within one month of grant of the licence, the trade organization shall appoint
a full-time secretary general, having appropriate qualifications;
(k) that
within ninety days of grant of the licence, the trade organization shall submit
a compliance report to the Regulator about completion of requirements of
clauses (e), (f), (i) and (j);
(l) that
bank accounts of the trade organization, in its exact registered name, shall be
opened in a scheduled bank;
(m) that
the trade organization shall make a declaration to the auditors of all accounts
including those opened separately for projects such as local and foreign
exhibitions, delegations, etc., and shall not maintain any account which is not
subject to audit; and
(n) that
an association shall maintain a minimum of two regional offices, each covering
a principal city in northern and southern zones which may be based upon distribution
of its members across the country and which accordingly provides adequate
service to its members.
(2) Without
prejudice to the provisions of Section 7 of the Act, the violation of any of
the terms and conditions of the licence shall make the licence liable to
cancellation by the Federal Government.
(3) Secretary
general shall, within thirty days, communicate with necessary documents all
changes made in any material information already submitted to the Regulator or
Federal Government.
7. Jurisdiction of licence.(1) The Federation shall be allowed to be established
to represent chambers, associations, association of small traders, women's
chambers and chambers of small traders, on all-Pakistan basis.
(2) A
chamber and a chamber of small traders shall be allowed to be established to
represent trade, industry and services in an area not less than a revenue
district.
(3) An
association and an association of small traders shall be allowed to be
established to represent a particular trade or industry or service or any combination
thereof.
(4) A
women's chamber shall be allowed to be established to represent women
entrepreneurs in any trade or industry or service or any combination thereof
for an area provided in Rule 12.
(5) A
town association shall be allowed to be established to represent the trade,
industry and services in a town, tehsil, taluka or district where there is no
chamber.
8. Merger.Subject to Section 33 of the Act and
provisions of the Ordinance, the Federal Government reserves the right to direct
any number of trade organizations to merge if each trade organization is
involved in the same or significantly similar trade, industry or service or any
combination thereof.
9. Notification in the press.All proposals to form a trade organization shall
be duly notified by the sponsors of the proposals in the combined editions of
at least two leading national English and Urdu daily newspapers, through
advertisement of minimum size of 4 x 4 square-inches.
10. Validity and renewal of licence.(1) A trade organization shall be licensed
for a period of five years.
(2) The licence shall be renewable for
further five years subject to fulfilment of following conditions, namely.
(a) the
trade organization attains and subsequently maintains, for all times, the
following minimum membership threshold, namely:
|
S. No.
|
Name of trade
organization
|
Minimum membership
threshold
|
|
(1)
|
(2)
|
(3)
|
|
1.
|
Chamber
|
Three hundred
|
|
2.
|
Chamber of small traders
|
Five hundred
|
|
3.
|
Association
|
One hundred and fifty
|
|
4.
|
Association of small traders
|
Five hundred
|
|
5.
|
Women's chamber
|
Two hundred
|
|
6.
|
Town association
|
One hundred and fifty
|
(b) the
trade organization has been
(i) satisfactorily performing in accordance
with performance review;
(ii) satisfactorily performing in accordance
with its memorandum and articles of association;
(iii) reporting corporate compliance to the
Securities and Exchange Commission of Pakistan and the Regulator; and
(iv) complying with any applicable law, rules and
regulations.
(3) Subject
to provisions of Section 6 of the Act, an application for renewal of licence
shall be made to the Regulator on the format as set out in Schedule `B' and
shall include the following information, namely:
(a) original
licence expiring;
(b) copy
of financial statements for the trade organization up to the end of the
immediately preceding financial year together with auditors' reports;
(c) receipt
evidencing payment of fee as prescribed in Schedule 'E';
(d) copy
of performance review report;
(e) updated
list of members;
(f) copy
of lease agreement for office premises of the trade organization;
(g) copies
of utility bills of the trade organization for the preceding year; and
(h) proof
of filing income tax return on behalf of the trade organization.
11.
Membership of trade organizations.(1) Any business concern shall be eligible
for grant or renewal of membership of any trade organization if such business
concern meets the following conditions, namely:
(a) the
prospective member is a sole proprietorship or a partnership firm or an association
of persons or a company holding national tax number and sales tax registration,
if applicable, in name of the business concern;
(b) the
prospective member's business fits within the defined business scope or area of
jurisdiction of the trade organization as provided in the said trade
organization's approved memorandum and articles of association and under the
licence granted by the Federal Government;
(c) the
application for grant of membership has been proposed and seconded by existing
members of the said trade organization;
(d) the
prospective member has no criminal conviction; and'
(e) the
prospective member has a valid national tax number and sales tax registration,
if applicable.
(2) The
Regulator, if satisfied that a prospective member meets the eligibility
criteria under sub-rule (1), may direct any trade organization for the purposes
of enrolling any such person as member upon the application of such prospective
member having filed a complaint with the Regulator on the grounds of delay or refusal
in obtaining membership in the said trade organization.
(3) Membership
may be cancelled or such membership be disqualified, in addition to the grounds
provided under the trade organization's memorandum and articles of association,
if the member breaches any provision of these rules or the Act.
(4) The
membership of a trade organization shall be granted for a period of one year
and shall expire on the 31st day of March each year irrespective of the date of
grant of membership.
(5) The
membership shall be renewable on annual basis subject to fulfilment of
following conditions, namely:
(a) payment
of prescribed subscription within the time stipulated in the memorandum, which
shall not be later than the 31st of March; and
(b) proof
of filing return of income tax and sales tax, if applicable, for the preceding
year.
(6) Upon
a complaint filed by the aggrieved member, the Regulator, if satisfied that the
renewal of membership of an eligible member has been delayed or refused, may
direct the trade organization to renew the membership of the applicant.
(7) There shall be two classes of memberships
in a trade organization, except chamber of small traders and association of
small traders.
12. Women's chambers.(1) A women's chamber shall represent women
entrepreneurs in any trade or industry or service or any combination thereof.
(2) A
women's chamber shall ensure that its basic purpose is to represent the best
interests of women entrepreneurs in all manners possible including but not
limited to the strategic development of women entrepreneurs and their business
concerns and training of women entrepreneurs keeping in view all such
circumstances as faced by women entrepreneurs in the conduct of their business
concern.
(3) The
territorial jurisdiction of a women's chamber shall be an administrative
division:
Provided that women entrepreneurs may form
women's chamber in the district if they otherwise fulfil the criteria of
formation of a district chamber.
(4) Where
the number of prospective-members desiring to form a women's chamber in an
administrative division is less than one hundred, they may join an adjoining
licensed women's chamber:
Provided that when the membership of a
women's chamber in a division becomes one hundred, such women entrepreneurs may
apply for grant of licence under these rules as a women's chamber.
(5) On
grant of a licence to a women's chamber, the women entrepreneurs who had
obtained membership in the adjoining women's chamber shall be deemed to have
been de-registered from membership register of the adjoining women's chamber.
13. Elections within trade organizations.Subject to provisions of Section 11 of the
Act, the elections of trade organizations shall be held on annual basis as per
following timeframe, namely:
(a) in
case of the Federation, during the period of October to December of the year;
and
(b) in
case of all other trade organizations, during the period of July to September
of the year.
14. Announcement of elections schedule.(1) The election schedule of the trade
organization shall be approved by the executive committee of the trade
organization and issued by the secretary general,-
(a) in
case of the Federation, in first half of October; and
(b) in
case of all other trade organizations, in first half of July.
(2) Within
two days of its approval by the executive committee, the election schedule
shall be
(a) displayed
at notice board of head office and regional offices of the trade organization;
(b) displayed
at website of the trade organization; and
(c) submitted
to the Regulator.
15. Eligibility to vote.(1) Subject to provisions of Section 10 of
the Act, the eligibility of a member of trade organization to vote at the
elections of the trade organization shall be subject to following conditions,
namely:--
(a) the
member has completed two years of valid membership of the trade organization as
on the date of announcement of election schedule by the executive committee of
the trade organization:
Provided
that old members shall be eligible to vote on completion of one year of their enrollment
and payment of all dues; and
(b) the
member has fulfilled the conditions of membership and renewal thereof of the
respective trade organization under Rule 11.
(2) Every
member eligible to vote shall deposit with the secretary general, the specimen
signature card alongwith photograph indicating the status in the firm, company
or concern. The right to vote shall be allowed only to the proprietor, partner
or the director of the member-firm or company, or a person not below the rank
of general manager authorized by the board of directors of a public limited
company or, as the case may be, a multi-national corporation.
(3) The
proprietor, partner or director of the member-firm or company, concern or a
person not below the rank of general manager authorized by the board of
directors of public limited company or a multinational company shall be
entitled to cast vote at the time of election only if name of such person has already
been registered with the secretary general and his name appears on the list of
voters.
16. Appointment of Election Commission.Simultaneously with approval of the election
schedule as provided in Rule 14, the executive committee of the trade
organization shall appoint an Election Commission subject to the following
conditions, namely:
(a) the
commission comprises three members;
(b) the
members so appointed have submitted their consent in writing to their
appointment as such;
(c) the
members of the commission, so appointed, have not held any office of the
respective trade organization for the preceding two years;
(d) the
member of the commission shall not be entitled to become a candidate in the
election, he is conducting;
(e) the
members of the commission shall be independent, impartial and non-partisan; and
(f) the
members of commission shall not canvass for any of the candidates or panels
contesting the elections, they are conducting.
17. Functions of Election Commission.The Election Commission shall be in charge of
all arrangements connected with conduct of elections including but not limited
to
(a) appointment
of polling staff;
(b) ensuring
display of tentative voters' list by the secretary general for the purpose of
inviting objections as provided in sub-rule (3) of Rule 18;
(c) examination
of and decision on the objections received on the voters' list as provided in
sub-rule (6) of Rule 18; and
(d) supervision
of polling process and ensuring that the polling has been conducted in an
orderly, peaceful, fair and transparent manner in accordance with provisions of
the memorandum and articles of association and instructions of the Federal
Government or the Regulator in this regard; and
(e) counting
of votes and announcement of results.
18.
Election procedure.(1) The election of the trade organization
shall be conducted according to the procedure laid down in the respective
articles of association subject to the following:
(a) the
election of the members of executive committee and office bearers shall be held
by secret ballot;
(b) neither
postal ballot nor proxy shall be allowed; and
(c) the
polling shall be held simultaneously at the head office, regional offices or,
where the number of voters exceeds fifty, at the branch offices of the trade
organization:
Provided that where for want of space
in the office premises it is not possible to establish the polling booths, the
polling shall be held in a public place such as a community hall or hotel.
(2) Within
three days of the announcement of the election schedule member-firms desiring
to change their representative shall intimate changes regarding name of
representative to the secretary general alongwith necessary proof of
eligibility.
(3) The
secretary general of trade organization shall display, within seven days of the
announcement of election schedule, the provisional list of all members eligible
to vote alongwith their national tax number, sales-tax-registration number, if
applicable, the name and national identity card number of their representative.
The list shall be displayed at
(a) notice
board of the head office and regional offices of the trade organization; and
(b) website
of the trade organization.
(4) The
members who have any objection to the entries in the list of voters shall send
their objections in writing to the secretary general within seven days of the
issuance of the voters' list.
(5) The
secretary general shall, within five days from receipt of objections under
sub-rule (4), intimate action on the objections or changes, if any.
(6) Any
person aggrieved by decision of the secretary general may, within three days of
receipt of the decision, make a representation to the Election Commission which
shall decide the representation within three days.
(7) Any person, aggrieved by the decision of the
Election Commission or in case the Election Commission fails to decide the
representation within the period provided in sub-rule (6), may, within three
days of decision by the Election Commission or, as the case may be, on expiry
of limitation of the Election Commission under sub-rule (6), make an appeal to
the Regulator who shall decide the appeal within ten days and his decision in
this regard shall be final.
(8) Within
two days of the decision of the Regulator the final voters' list shall be
(a) displayed
at notice board of the head office and regional offices of the trade organization;
(b) displayed
at website of the trade organization; and
(c) submitted
to the Regulator:
Provided that if no appeal has been
filed to the Regulator the final list of voters shall be displayed within
fifteen days of the decision of the Election Commission under sub-rule (6).
(9) Within
four days of display of the final list of voters, any person, who is eligible
to contest elections for the vacant post, shall send his nomination, duly
proposed and seconded by a duly registered voter and signed by the candidate,
to the secretary general.
(10) Within
twenty-four hours of receipt of nomination papers, a copy of the final list of
voters shall be provided to each contesting candidate.
(11) The
nomination papers shall be scrutinized by the Election Commission and list of
candidates shall be displayed within twenty-four hours of the last date of
receipt of nomination papers.
(12) The
objections, if any, to nomination of the candidates may be filed to the
Election Commission within twenty-four hours of issuance of the list of
candidates, which shall be decided by the Election Commission within two days.
(13) Within
two days of decision of the Election Commission or in case the commission fails
to decide within the stipulated time provided in sub-rule (12), any candidate,
aggrieved by the decision of the Election Commission or, as the case may be, on
expiry of limitation of the Election Commission under sub-rule (12), may file
an appeal to the Regulator, who shall decide it within seven days and his
decision in this regard shall be final.
(14) Within
two days of the decision of the Regulator the Election Commission shall issue
final list of the candidates:
Provided that if no appeal has been made to
the Regulator, final list of the candidates shall be issued within eleven days
of the decision of the Election Commission under sub-rule (12).
(15) Within
five days of display of final list of the candidates, the polling for election
of members of executive committee shall be held.
(16) Within
two days of the polling as provided in sub-rule (15), any person elected as
member of executive committee, shall send, to the Election Commission for
election as an office-bearer, his nomination duly proposed and seconded by an
elected executive committee's member and signed by the candidate.
(17) The
nomination papers shall be scrutinized by the Election Commission and list of
candidates shall be displayed within twenty-four hours of the last date of
receipt of nomination papers.
(18) Within
two days of display of final list of the candidates, the polling for election
of office-bearers shall be held.
(19) The
final result of the election of members of executive committee and
office-bearers shall be officially announced at annual general meeting of the trade
organization called for this purpose within fifteen days of the date of polling
under sub-rule (18) but not later than
(a) in
case of the Federation, the 31st day of December of the year; and
(b) in
case of all other trade organizations, the 30th day of September of the year.
(20) The
announcement of election results in the annual general meeting under sub-rule
(19) shall be the material date for the purposes of Paragraph (iii) of clause
(f) of sub-section (3) of Section 14 of the Act.
(21) The
final election results announced in the annual general meeting shall be--
(a) displayed
at notice board of the head office and regional offices of the trade
organization within two days;
(b) displayed
at website of the trade organization within two days; and
(c) submitted
to the Regulator within seven days.
19.
Conduct of elections.(1) The ballot papers shall have duly
numbered counterfoils and the voter shall sign or affix thumb impression
thereon in presence of polling agents of the candidates and the polling officer
before the issuance of ballot papers to the voter.
(2) It
shall be duty of the polling officer to verify identity of the voter. The only
acceptable forms of identification shall be computerized national identity
card, original identity card issued by the trade organization, passport and driving
licence. The polling officer shall, on the counterfoil, enter the number of identification
document.
(3) After
satisfying himself with regard to identity of the voter, the polling officer
shall hand over the ballot paper to the voter.
(4) The
ballot paper shall be signed by the secretary general or an officer of the
trade organization duly authorized by the Election Commission in this behalf
and shall also be signed by the polling officer at the time when it is issued.
(5) Once
the ballot paper has been issued to a voter, he shall not be allowed to leave
the polling booth, without casting his vote in the ballot box.
(6) Adequate
arrangements shall be made to maintain secrecy of the polls.
(7) Proper
account shall be maintained by an officer designated by the Election Commission
in respect of ballot papers including used, unused, tendered, challenged or
spoiled ballot papers.
(8) The
challenged votes shall be kept in a separate sealed envelope duly signed and
sealed by the polling officer.
(9) The
Election Commission or an officer designated by the commission shall decide
about the challenged votes after verification of necessary information before
the official announcement of the results.
(10) No
ballot paper shall be invalid for failure to have cast all votes on all seats
contested for in the said election.
(11) Counting
of votes shall take place immediately after the polling hours under supervision
of polling officer in presence of candidates or their polling agents, if any,
at the designated sites.
(12) Provisional
results may be declared by the Election Commission immediately after counting
of the votes is completed.
(13) In
the event of equality of votes between two or more candidates the result shall
be decided on the basis of a draw conducted by the polling officer in presence
of the candidates or their polling agents and a record of the result thereof
shall be made.
(14) Having
completed the counting and compilation of results, record pertaining to the
elections shall be sealed and signed by the Election Commission or any officer
designated by the Election Commission and the secretary general and shall be
handed over to the secretary general for safe custody.
(15) Upon
an application made in this behalf by the candidates within seven days of the
date of polling and with approval of the Regulator, record of the elections
shall be opened for inspection by the applicant in presence of the Election
Commission.
20.
Organizational structure of the
Federation.(1) The
Federation shall comprise a president, a senior vice president, twelve
vice-presidents, an executive committee and a general body.
(2) The general body of the Federation shall
comprise the representatives, nominated by each licensed chamber, association,
association of small traders, women's chamber and chamber of small traders
subject to the following:
(a) two
representatives shall be nominated from each licensed chamber, association,
women's chamber and chamber of small traders and association of small traders;
(b) the
representatives shall be members of the nominating trade organization;
(c) in
case of a chamber or women's chamber, one representative shall be nominated
from each class of members provided in sub-rule (7) of Rule 11; and
(d) in
case of an association, at least one representative shall be nominated from the
corporate class;
(e) in
case of chamber of small traders and association of small traders, the
concerned trade organization shall nominate one of its nominees to represent
the trade body in executive committee and the other one to represent the trade
body in the general body of the Federation.
(3) The
general body constituted under sub-rule (2), in addition to the functions and
responsibilities assigned to it in the memorandum and articles of association
of the Federation, shall, subject to the provisions of sub-rule (4), serve as
the electoral college for election of the office-bearers of the Federation.
(4) The
executive committee of the Federation shall comprise one out of the two
representatives nominated on the general body by each trade organization as
provided in sub-rule (2). While making nomination under sub-rule (2) each trade
organization shall indicate as to which of the two nominees shall represent it.
(5) The
immediate past president of the Federation shall be an ex-officio member of the
executive committee without the right to vote.
(6) There
shall be twelve seats of vice-presidents in the Federation, subject to the
following conditions, namely:--
(a) there
shall be four seats of vice-presidents allocated to the associations for which
the electoral college shall be members of the general body representing the
associations;
(b) there
shall be one seat of vice-president allocated to associations of small traders,
for which electoral college shall be members of general body representing the
associations of small traders;
(c) there
shall be one seat of vice-president allocated to the women chambers of commerce
and industry for which electoral college shall be members of the general body
representing the women chambers of commerce and industry;
(d) in
addition to the seats provided for in clauses (a), (b) and (c), there shall be
following five seats of vice-presidents allocated to the chambers, namely:--
|
S. No.
|
Province or area
|
Seats
|
|
(1)
|
(2)
|
(3)
|
|
1.
|
Balochistan
|
one
|
|
2.
|
Khyber Pakhtunkhwa
|
one
|
|
3.
|
Punjab
|
one
|
|
4.
|
Sindh
|
one
|
|
5.
|
Federal Area
|
one
|
Explanation.Electoral college for five seats of vice-president specified under this
clause shall be members of the general body representing the chambers from the
respective Province and Federal Area;
(e) there
shall be one seat of vice-president allocated to chambers of small traders for
which electoral college shall be members of the general body representing the
chamber of small traders.
(7) The
rotation cycle of the office of president of the Federation shall be as
provided in Schedule 'D
(8) The
president, the senior vice-president and vice-presidents of the Federation
shall be elected from amongst members of the executive committee.
(9) The
president and senior vice-president of the Federation shall not be from the
same Province.
(10) The
tenure of all office-bearers and members of executive committee of the
Federation shall be one year.
(11) Any
office-bearer or member of executive committee of the Federation, on completion
of the term or early retirement for any reason, shall not be eligible to
contest election or co-option in any representative capacity for the next one
year.
21.
Organizational structure of chambers,
chamber of small traders, associations, association of small traders, women's
chambers and town associations.(1) A chamber or chamber of small traders or women's chamber or town
association shall comprise a president, senior vice- president, vice-president,
an executive committee and a general body.
(2) An
association or association of small traders shall comprise a chairman, senior
vice-chairman, vice-chairman, an executive committee and a general body:
Provided that an association may have more
than one vice-chairman, as provided in its memorandum and articles of
association:
Provided further that chairman and senior
vice-chairman of association and association of small traders shall not be from
the same Province.
(3) Members
of a trade organization shall constitute its general body.
(4) The
general body constituted under sub-rule (3), in addition to the functions and
responsibilities assigned to it in the memorandum and articles of association
of the trade organization, shall, subject to the provisions of clause (c) of
sub-rule (5) and sub-section (7) of Section 10 of the Act, serve as electoral college
for election of members of executive committee, except for the seats reserved
for women for which electoral college shall be the executive committee.
(5) The
executive committee of all trade organizations, except Federation, shall
comprise persons elected by the general body from amongst its members, subject
to the following conditions, namely:
(a) there
shall be a minimum of ten and maximum of thirty seats of executive committee;
(b) at
least fifty per cent of members of the executive committee shall be from the
corporate class:
Provided that in case of a chamber of
small traders and an association of small traders, there shall be no such
restriction;
(c) the
electoral college for each class of members of the executive committee shall be
members of the general body from the respective class; and
(d) in
addition to the seats under clause (a), the immediate past president or, as the
case may be, the chairman of a trade organization shall be an ex-officio member
of the executive committee without voting right.
(6) In
case of a chamber, chamber of small traders, association, association of small
traders and town association, in addition to the number of seats in sub-rule
(5), there shall be two seats of executive committee reserved for women
entrepreneurs for which electoral college shall be the executive committee.
(7) In
case of a chamber, in addition to the seats in sub-rules (5) and (6), there
shall be one seat reserved for nominee of each town association affiliated with
the chamber.
(8) If
any seat reserved for any of the stipulated categories remains vacant, it shall
not be filled by members from other category:
Provided that any seats remaining vacant in
any category shall not be counted towards determination of quorum.
(9) In
any trade organization where the general body comprises at least fifty per cent
members from associate class, there shall be rotation of office of president
and, as the case may be, the chairman between the associate and corporate
members:
Provided that in case of a chamber of small
traders and an association of small traders there shall be no such restriction.
(10) Where
there is rotation of office of president under sub-rule (9), the president and
senior vice-president or chairman and, as the case may be, the senior
vice-chairman shall not be from the same class of members provided in sub-rule
(7) of Rule 11.
(11) The
office-bearers of a trade organization shall be elected by the executive
committee from amongst its members.
(12) The
tenure of all elected office-bearers shall be one year.
(13) The
tenure of members of the executive committee provided in sub-rules (5) and (6)
shall be two years subject to the following conditions, namely:
(a) fifty
per cent members of the executive committee shall retire every year; and
(b) after
first election of the executive committee under the Act, a draw shall be made
to determine the fifty per cent members who shall retire after expiry of first
year.
(14) The
tenure of office-bearers of the executive committee provided in sub-rule (7)
shall be one year.
(15) On
completion of term, office-bearers and members of the executive committee shall
not be eligible to contest election or co-option in any representative capacity
in the trade organization for the next one year.
22.
Reporting requirements.A trade organization shall annually submit by
the 31st December to the Regulator
(a) annual
financial statements as prepared by auditors and approved by the executive
committee;
(b) plan
of activities for the next year as provided in Rule 23; and
(c) a
soft and hard copy of list of its members as on the 30th November, in the
format as set out in Annex-I of Schedule 'B.
23. Plan of activities and performance review.(1) Every trade organization shall prepare a
three years plan of activities which shall be approved by the executive
committee followed by distribution amongst its members and cover, among other
matters, the proposed future activities, finances and outcome of such
activities intended by the trade organization during the said three years
period.
(2) Each
trade organization shall internally conduct an annual performance review and
have such performance review audited by external auditors based upon an
inspection of all records of the trade organization to include, but not be
limited to, minutes of meetings and the trade organization's plan of
activities.
24. Management.(1) A trade organization shall appoint a
secretary general through a human resources committee formed by the executive committee
and shall consist of three members of the executive committee.
(2) The
secretary general shall be in charge of secretariat of the trade organization,
who shall exercise his powers and perform his functions under the Act, these
rules, the Ordinance and the rules made thereunder and the memorandum and
articles of association of the trade organization.
(3) The
signatures of the secretary general shall be mandatory for operation of all the
single or jointly operated bank accounts of the trade organization.
(4) The
termination of services of the secretary general shall be through a resolution
of the executive committee.
(5) Any
management employees who shall report directly to the secretary general alone
shall be appointed jointly by the secretary general and the human resources
committee.
(6) Any
other staff or professional management shall be appointed through a process to
be defined in the trade organization's human resource policy.
25. Website.Every trade organization shall within one year from the date of grant
of licence create and maintain a website at all times which shall include all
relevant information, such as
(a) up to date list of
office-bearers with contact details, executive committee's members, management
and members of the general body;
(b) memorandum and articles of
association as well as bye-laws, if any;
(c) plan
of activities and statement of vision;
(d) schedule
of executive committee's meetings and minutes of such meetings; and
(e) schedule
of elections, voters' list and election's results during election period.
26. Memorandum of association and bye-laws.Memorandum of association of trade
organization, including but not limited to the organizational structure and any
bye-laws of a trade organization shall be within the provisions of these rules,
the Act, the Ordinance and the public notices issued by the Federal Government
from time to time:
Provided that any amendment made in
memorandum of association and by-laws shall be notified to the Regulator by the
trade bodies:
Provided further that the Federal Government
may rescind, amend or otherwise modify any provision of memorandum and articles
of association in case it is observed to be in conflict with provisions of the
Act, rules made thereunder, the Ordinance and public notices issued by the
Federal Government from time to time.
27. Professional development.The office-bearers of a trade organization
shall always follow best practices including undertaking continuing professional
development in order to meet the requirements of their respective office and in
view of the provisions of these rules, the Act and as reflected under the
memorandum and articles of association of such trade organization or as notified
by the Ministry of Commerce from time to time.
SCHEDULE A
[See Rule 4(1)]
Application for grant of licence to trade organisation
(Please type or print only)
NOTE: Please fill in the entire application below.
If the space provided is insufficient use additional sheet and attach with
application form as annexure.
1. Fee
payment details:
(Fee is to be paid through a demand draft drawn in favour of
Directorate General of Trade Organizations)
|
Amount
paid
|
Bank
draft/ voucher/challan No.
|
Date
|
Bank
|
|
|
|
|
|
2. Type of trade
organization for which licence is being applied (please tick one):
□ Chamber □ Association
□ Women's Chamber □ Town Association
□ Chamber of Small Traders □ Association of Small Traders
3. Proposed
name of the trade organization:--
4. Area
or sector of industry, services or trade to be represented: ____________________________________________________
5. Have
you applied for grant of licence before: □ Yes □ No
If yes, when: _____________________________ (dd/mm/yyyy)
6. National
Tax Number of the applicant trade organization: _____
7. Total
number of prospective members on the date of filing the application:
_____________
(Please attach a complete list of prospective
members on the format given in Annex-I)
In case of an association, please give the
regional breakdown of the enrolled membership:
Punjab _________ Sindh _______ Khyber Pakhtunkhwa
______
Baluchistan ____________________ Federal Area
___________
8. Names
of newspapers in which the proposal for grant of licence has been notified as
required under Rule 9:
(a) Name
of newspaper: ________________Date: _________
(b) Name
of newspaper: ________________Date: _________
9. Proposed
registered office of the trade organization: __________
___________________________________________________
(Address,
City, Province, Region)
Checklist
Have
the following information and documents been provided or attached
with the application form? Yes No
(a) Receipt of payment of fees as
prescribed in Schedule 'E' □ □
(b) Justification for establishment of
the proposed trade
organization □ □
(c) The proposed plan of activities
(indicating both long and
short term targets) □ □
(d) A
hard copy of the draft memorandum and articles of
association □ □
(e) A
soft copy of the draft memorandum and articles of
association □ □
(f) Copies of the press notices □ □
(g) List
of the proposed office bearers of trade organization till
first elections are held on the format prescribed in Annex-II □ □
(h) list
of the prospective members of the existing trade
organization on the format prescribed in Annex-I □ □
(i) Copies of bye-laws of trade
organization, if any □ □
(j) Financial feasibility statement
certified by a chartered
accountant required under Rule 4(1)(j) □ □
DECLARATION
I, on behalf of the sponsors of the proposed
trade organization to be licensed vide this application, hereby declare and
undertake that all information stated in this application and in the attachment
hereto or otherwise provided to the Government of Pakistan by me is true,
correct and accurate in all respects. I confirm that my signature, personal
information or any of the information provided herein or in support is accurate
with reference to any applicable authenticated documentation. I also confirm having
read and understood the Trade Organizations Act, 2013, and the rules made
thereunder and declare being bound by and subject to the same in respect of
this proposed trade organization.
Date: ________________________Signature:
_____________________
NIC No. _____________________ Name and stamp
Annex-I
Details of prospective members of the applicant trade organisation
|
S.
No.
|
Company
Name
|
Type
of Businesss
|
Business
address
|
NTN
of the Company
|
Sales
Tax Regn. No.
|
Tel.
No.
|
Fax
No.
|
Email
address
|
Name
of authorized representatiave
|
NIC
No.
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
(11)
|
|
|
|
|
|
|
|
|
|
|
|
|
Annex-II
Details of existing office bearers including members of executive
committee
|
S. No.
|
Name
|
Designation in the trade organization
|
NIC No.
|
Company Name
|
NTN of the Company
|
Sales Tax Regn. No.
|
Tel. No.
|
Fax No.
|
Email address
|
Signature
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
(11)
|
|
|
|
|
|
|
|
|
|
|
|
|
SCHEDULE B
[See Rules 10(3) and 22(c)]
Application
for renewal of licence
(Please type or print only)]
NOTE:
Please fill out the entire
application below. If the space provided is insufficient use additional sheet
and attach with application form as annexure.
1. Fee
payment details:
(Fee is to be paid through a demand draft drawn in favour of
Directorate General of Trade Organizations)
|
Amount paid
|
Bank draft/
voucher/challan No.
|
Date
|
Bank
|
|
|
|
|
|
2. Type
of trade organization for which licence is being applied (please tick one):
□ Chamber □ Association
□ Womens
Chamber □ Town
Association
□ Chamber
of Small Traders □ Association
of Small Traders
3. No.
of the expiring licence: _____________________________
Date of Issue:__(dd-mm-yyyy) Date of Expiry:__(dd-mm-yyyy)
4. Registered
name of the existing trade organization: __________
5. Area
or sector of industry, services or trade represented: ______
6. National
Tax Number of the applicant trade organization: _____
7. No.
of the incorporation certificate: ________ Date: __________
Issuing
Authority: _____________________________________
8. Total
No. of members on the date of filing the application: _____ (Please attach a
complete list of enrolled members on the format given in Annex-I) In case of an
association, please give the regional breakdown of the enrolled membership:
Punjab ______ Sindh _______ Khyber Pakhtunkhwa
_________
Baluchistan _______________ Federal Area
________________
9. Name
of the secretary of the trade organization: _____________
Date
of appointment: __________ Qualification: ____________
10. Registered
Office(s) of the existing trade organization:
Head Office
Address:
____________________________________________
______________________________ City:_________________
Tel: _________________________ Fax:
___________________
Email: _____________________Website:
_________________
Regional Office-I, if any:
_______________________________
(in case of associations only)
Address:
____________________________________________
____________________________City:
___________________
Tel: _____________ Fax: ___________ Email:
_____________
Regional Office-II, if any:
______________________________
(in case of associations only)
Address:
____________________________________________
____________________________City:
___________________
Tel: _____________ Fax: ___________ Email:
_____________
DECLARATION
I, on behalf of the executive committee
members of the trade organization to be licensed vide this application hereby
declare and undertake that all information stated in this application and in
the attachment hereto or otherwise provided to the Government of Pakistan by me
is true, correct and accurate in all respects. I confirm that my signature,
personal information or any of the information provided herein or in support
are accurate with reference to any applicable authenticated documentation. I
also confirm having read and understood the Trade Organizations Act, 2013 and
rules made thereunder and declare being bound by and subject to the same in
respect of this trade organization.
Date: ___________________ Signature:
_________________________
Name and Designation: _______________
NIC No. ___________________________
(Official
Seal)
Checklist
Have the following
information/documents been provided/attached with
the application form? Yes No
(a) Receipt of payment of fees as
prescribed in Schedule 'E' □ □
(b) Original license granted to the trade
organization □ □
(c) Copy of the incorporation certificate □ □
(d) Corporate compliance certificate from
SECP □ □
(e) Performance review report as required
under Rule 10(3) (d) □ □
(f) The proposed plan of activities
(indicating both long and
short term targets) for next three years □ □
(g) An updated hard copy of the
memorandum and articles of
association of the trade organization as approved by
Ministry of Commerce and SECP □ □
(h) An updated soft copy of the
memorandum and articles of
association of the existing trade organization as approved by
Ministry of Commerce and SECP □ □
(i) List of the office bearers of trade
organization on the
format prescribed in Annex-II □ □
(j) List of the enrolled members of the
trade organization on
the format prescribed in Annex-I □ □
(k) Copies of bye-laws of trade
organization, if any □ □
(l) Copy of financial statements for the
trade organization up to
the end of the most recent financial year together with
auditors' reports □ □
(m) Certified copies of utility bills of
the existing trade
organization for the last one year □ □
(n) Certified copy of lease agreement of
the office premises
including regional offices (if applicable) of the existing
trade organization for last three years □ □
(o) Proof of filing income tax return on
behalf of
trade organization □ □
Annex-I
Details of enrolled members of the trade organization
|
S. No.
|
Membership No.
|
Company Name
|
Type of Business
|
Business Address
|
NTN of Company
|
Sales Tax Regn. No.
|
Tel. No.
|
Fax No.
|
Email Address
|
Name of Authorized Representative
|
NIC No.
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
(11)
|
(12)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Annex-II
Details of existing office bearers including members of executive
committee
|
S.
No.
|
Name
|
Designation
in the trade organization
|
NIC
No.
|
Company
Name
|
NTN
of the Company
|
Sales
Tax Regn. No.
|
Tel.
No.
|
Fax
No.
|
Email
address
|
Signature
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
(11)
|
|
|
|
|
|
|
|
|
|
|
|
|
SCHEDULE C
[See Rule 5]
Application for grant of licence de novo
(Please type or print only)
NOTE:
Please fill out the entire
application below. If the space provided is insufficient please use additional
sheet and attach with application form as annexure.
1. Fee
payment details:
(Fee is to be paid through a demand draft drawn in favour of
Directorate General of Trade Organizations)
|
Amount paid
|
Bank draft/
voucher/challan No.
|
Date
|
Bank
|
|
|
|
|
|
2. Type
of trade organization for which licence is being applied (please tick one):
□ Chamber □ Association
□ Womens
Chamber □ Town
Association
□ Chamber
of Small Traders □ Association
of Small Traders
3. No.
of the expiring licence: _____________________________
Date of Issue: __________ Date of cancellation:
____________
(dd-mm-yyyy) (dd-mm-yyyy)
4. Registered
name of the trade organization before cancellation of licence: _____________________________________________
5. Is
there any change desired in the old name of the trade organization?
□ Yes □
No
If yes, the proposed name of the trade
organization: __________
_________ (Please provide justification for
change of name on a separate sheet of paper)
6. Area
or sector of industry, services or trade to be represented: __
____________________________________________________
7. Reasons
for cancellation of licence: _______________________
(Please provide details on a separate sheet of paper)
8. Justification
for grant of de novo licence: __________________
(Please provide details on a
separate sheet of paper)
9. National
Tax Number of the applicant trade organization: _____
10. No.
of the incorporation certificate of the old trade organization:
____________________________________________________
Date: ____________________ Issuing Authority:
___________
11. Tptal
No. of members of the old trade organization: __________
12. Total
No. of members on the date of filing the application: _____ (Please attach a
complete list of enrolled members on the format given in Annex-I)
In case of an association, please give the regional
breakdown of the enrolled membership:
Punjab ________ Sindh ________ Khyber Pakhtunkhwa
______
Baluchistan __________________ Federal Area
_____________
13. Name
of the secretary of the old trade organization: __________
Date of appointment: ______________ Qualification:
________
14. Names
of newspapers in which the proposal for grant of licence has been notified as
required under rule 9:
(a) Name
of Newspaper:______________ Date ___________
(b) Name
of Newspaper: ______________ Date __________
15. Registered
office(s) of the old trade organization:
Head
Office
Address:
|
Tel: Fax:
|
|
Email: Website:
|
|
Regional
Office-I, if any:
(in case of associations only)
|
|
Address:
|
|
City:
|
|
Tel:
Fax E-mail:
|
|
Regional
Office-II, if any:
(in case of associations only)
|
|
Address:
|
|
City:
|
|
Tel:
Fax E-mail:
|
16. Proposed
registered office of the trade organization: __________
(Address, City, Province, Region)
DECLARATION
I, on behalf of the sponsors of the proposed
trade organization to be licensed vide this application, hereby declare and
undertake that all information stated in this application and in the attachment
hereto or otherwise provided to the Government of Pakistan by me is true,
correct and accurate in all respects. I confirm that my signature, personal information
or any of the information provided herein or in support are accurate with
reference to any applicable authenticated documentation. I also confirm having
read and understood the Trade Organizations Act, 2013 and rules made thereunder
and declare being bound by and subject to the same in respect of this proposed
trade organization.
Date: _______________________Signature:______________________
NIC No. ____________________
Checklist
Have the following
information/documents been provided/attached
with the application form? Yes No
(a) Receipt of payment of fees as
prescribed in Schedule 'E' □ □
(b) Justification for establishment of
the proposed trade organization □ □
(c) The proposed plan of activities
(indicating both long and
short term targets) □ □
(d) A hard copy of the draft memorandum
and articles of association □ □
(e) A soft copy of the draft memorandum
and articles of association □ □
(f) Copies of the press notices as
prescribed in rule 9 □ □
(g) List of sponsors of applicant trade
organization on the format
prescribed in Annex-II □ □
(h) list of the prospective members of
the applicant trade
organization on the format prescribed in Annex-I □ □
(i) Copies of bye-laws of trade
organization, if any □ □
(j) Financial feasibility statement
certified by a chartered
accountant required □ □
(k) Joint undertaking from the sponsors
that no legal proceeding
or litigation related to the affairs of the applicant trade
organization is pending in any Court of law □ □
(l) Copy of order under which licence
was cancelled □ □
(m) Justification for grant of licence de
novo □ □
Annex-I
Details of prospective members of the applicant trade organization
|
S. No.
|
Company Name
|
Type of Business
|
Business Address
|
NTN of the Company
|
Sales Tax Regn. No.
|
Tel. No.
|
Fax No.
|
Email Address
|
Name of authorized Representatiave
|
NIC No.
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
(11)
|
|
|
|
|
|
|
|
|
|
|
|
|
Annex-II
Details
of proposed office bearers of the applicant trade organization till first
elections are held
|
S. No.
|
Name
|
Designation in the trade organization
|
NIC No.
|
Company Name
|
NTN of the Company
|
Sales Tax Regn. No.
|
Tel. No.
|
Fax No.
|
Email address
|
Signature
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
(11)
|
|
|
|
|
|
|
|
|
|
|
|
|
SCHEDULE-D
[See Rule 20(7)]
Schedule for rotation of office of President
of the Federation of Pakistan Chambers of Commerce and Industry amongst Geographical Territories
(a) Sindh
(b) Khyber
Pakhtunkhwa
(c) Baluchistan
(d) Punjab
(e) Sindh
(f) Punjab
(g) Federal
Area
SCHEDULE-E
[See Rules 4(1)(h) and 10(3)(c)]
|
Sr. No.
|
Head of Fee
|
Type of Trade Organization
|
Amount of fee (non-refundable) in Pak. Rupees
|
|
1.
|
Grant of Licence (New Trade Organization,
Existing Trade Organization, De Novo)
|
Chamber
|
30,000
|
|
Association
|
30,000
|
|
|
Association of Small Traders
|
30,000
|
|
|
Women's Chamber
|
20,000
|
|
Town Association
|
15,000
|
|
Chamber of Small Traders
|
30,000
|
|
2.
|
Renewal of Licence
|
Chamber
|
30,000
|
|
Association
|
30,000
|
|
Association of Small Traders
|
30,000
|
|
Women's Chamber
|
20,000
|
|
Town Association
|
15,000
|
|
Chamber of Small Traders
|
30,000
|
|
3.
|
Amendment in Memorandum and Articles of
Association
|
All trade bodies
|
50,000
|
|
4.
|
Complaint to Regulator under Section 14 (3)
(f) (iii) of the Act
|
All persons and trade bodies
|
50,000
|
|
5.
|
Any other complaint made to the Regulator
|
All persons and trade bodies
|
500
|
|
6.
|
Appeal to the Federal Government against
Regulator's orders
|
All persons and trade bodies
|
50,000
|
|
7.
|
Issuance of duplicate licence
|
All trade bodies
|
5,000
|
|
8.
|
Copies of any document (per page)
|
All persons and trade bodies
|
100
|
--------------------------
NOTIFICATION
INSURANCE ACCOUNTING REGULATIONS, 2012
[Gazette of Pakistan, Extraordinary, Part-II, 22nd
November, 2012]
S.R.O.
1383(I)/2012, dated 19.11.2012.In exercise of powers conferred under sub-section (3) of Section 167 of
the Insurance Ordinance, 2000 (XXXIX of 2000), read with sub-section (2) of Section
46 thereof, and sub-section (2) of Section 40 of the SECP Act, 1997 (XLII of
1997), the Securities and Exchange Commission of Pakistan is hereby pleased to
publish the following draft regulations for the information of all persons
likely to be affected thereby and notice is hereby given that objections or
suggestions if any, received within a period of thirty (30) days from the date
of its publication in the official Gazette, shall be taken into consideration.
1. Short title and commencement.(1) These regulations shall be called
Insurance Accounting Regulations, 2012.
(2) These regulations shall come into force at
once.
2. Definitions.In these Regulations, unless there is
anything repugnant in the subject or context,
(i) "Ordinance"
means the Insurance Ordinance, 2000 (XXXIX of 2000);
(ii) "Commission"
means the Securities and Exchange Commission of Pakistan established under Section
3 of the Securities and Exchange Commission of Pakistan Act, 1997 (XLII of
1997);
(iii) "Regulatory
Returns" means the statements which are required to be presented by
Insurers under Section 46 of the Ordinance as prescribed in Annexure-II of the
Securities and Exchange Commission (Insurance) Rules, 2002;
(iv) "Published
Financial Statements" means the accounts which are required to be
presented by Insurers under Section 46 of the Ordinance as prescribed in
Annexure-II of the Securities and Exchange Commission (Insurance) Rules, 2002;
(v) "Policyholder
Liabilities" has the same meaning given under Section 2 of the Insurance
Ordinance, 2000.
3. Application and Scope.(1) These Regulations shall be applied to the
Regulatory Returns and the Published Financial Statements, except in so far as:
(i) any
of its provisions includes an express statement that it is not to apply to the
Regulatory Returns or to the Published Financial Statements, as the case may
be; and
(ii) a
provision contained in the Companies Ordinance or in Rules thereto or in an
instrument issued there under overrides a provision in these Accounting
Regulations so far as concerns the Published Financial Statements.
(2) Every
Insurer shall comply, so far as concerns recognition and measurement of assets,
liabilities, expenses and revenues, with International Financial Reporting Standards
which are adopted by the Institute of Chartered Accountants of Pakistan and
notified by the Commission.
4. Provisions applicable only to Regulatory
Returns only.(1) Where an
insurer controls other entities, then consolidated Regulatory Returns are not
required to be presented.
(2) Explanatory
Notes are not required in the Regulatory Returns except as specified in these
Regulations or as specified in the Forms of Regulatory Returns.
5. Provision for statements to be prepared.While preparing statements as required under
sub-section (1) and (2) of Section 46 of the Insurance Ordinance, 2000, an
insurer carrying on life insurance business shall comply with the requirements
of Part A and an insurer carrying on non-life insurance business shall comply
with the requirements of Part B.
PART A
LIFE INSURANCE
6. Provisions applicable only to Published
Financial Statements.(1)
For the purpose of classification and disclosure of profits;
(i) Profits
for the year disclosed in the Published Financial Statements shall be
determined by consolidating revenues and expenses relating to the Statutory as
well as Shareholders' Fund. Except for the provisions relating to Ledger
Accounts A and B below, balances retained within Statutory Funds over and above
insurance liabilities shall be treated as a part of shareholders' equity and
not as liabilities.
(ii) For
the purpose of Published Financial Statements, Insurance Liabilities stated in
the Statement of Financial Position shall include any balances in Ledger
Accounts A and B in Statutory Funds which include participating business.
Balances in Ledger Accounts C and D shall be included as part of Shareholders'
Equity. Ledger Accounts A, B, C and D shall be as is defined in Section 22 of
the Ordinance.
7. Segment analysis.(1) Some of the forms of Published Financial Statements
specified in the Annexure II of the Securities and Exchange Commissioner
(Insurance) Rules, 2002 provide segment analysis by type of business as well as
fund (statutory fund or shareholders' fund). If the company writes any type of
business which is different from other types of business in terms of nature of
products or types of risks in addition to the segments already identified in
the said published forms, if the gross premiums for that class constitute 10%
or more of the gross premium revenue of the insurer the gross premiums for such
types of business shall be disclosed separately.
(2) If
an insurer writes business outside Pakistan then a complete set of
Regulatory Returns except for Form LA shall be prepared for such business.
8. Audit Report.Both the Regulatory Returns and Published
Financial Statements shall be accompanied by an Audit Report as required under
S. 48(2) of the Ordinance in accordance with the formats as specified by the
Commission from time to time.
9. Appropriation of profit to shareholders'
fund from statutory funds (Applicable to Regulatory Returns only).(1) An appropriation of profit from a
statutory fund shall be recorded as an appropriation in the revenue account of
that statutory fund in the financial period in which it is made, and shall not
be recorded as an expense.
(2) An
appropriation of profit from a statutory fund shall be recorded as revenue of
the shareholders' fund in the financial period in which it is made.
10. Shareholder interests in statutory funds
(Applicable to Regulatory Returns only).(1) The shareholders' fund shall not recognize as an asset any interest
in, entitlement to the assets of or capital transfer provided to any statutory
fund.
(2) A
capital transfer provided to a statutory fund by the shareholders' fund shall
be recorded as a debit balance in shareholders' equity, clearly identified as
capital contributed to statutory fund, and changes in the amount of capital contributed
to statutory funds shall not pass through the profit and loss account but shall
be recorded in the financial statements of the shareholders' fund as increases or
decreases in that debit balance.
(3) No
statutory fund shall recognize as a liability any amount due to the shareholder's
fund consisting of a capital transfer received from a shareholder's fund, or
retained profits attributable to shareholders, or any loan or advance, other than
a current liability consisting of amounts due to the shareholder's fund on
account of expenses due to be reimbursed to the shareholder's fund.
11.
Shareholders' Fund and Policyholders' funds (Applicable to Regulatory Returns
only).(1) The amount
representing the residue of assets left after all liabilities other than
policyholder liabilities in the balance sheet of a statutory fund or the
aggregate statutory funds balance sheet in the statutory accounts shall be
disclosed as equity and policyholder funds.
(2) The following components of equity and
policyholder funds shall be separately disclosed:
(i) Policyholder
liabilities (inclusive of bonuses allocated);
(ii) Retained
earnings attributable to participating policy holders which have not yet been
distributed (Ledger Account A);
(iii) Retained
earnings arising from participating business, attributable to shareholders but
not available for distribution (Ledger Account B);
(iv) Retained
earnings arising from participating business, attributable to shareholders and
available for distribution (Ledger Account C);
(v) Retained
earnings arising from business other than participating business, attributable
to shareholders (Ledger Account D);
(vi) Surplus
not yet allocated;
(vii) Shareholders'
capital in the statutory fund; and
(viii) Such
reserves, whether or not prescribed, as may be established by the statutory
fund.
(3) The
Notes to these statements shall include disclosure of movements in each of the
accounts set out in sub-clause (2).
(4) Where
these statements are made up to a date as at which a valuation of policyholder
liabilities in accordance with Section 50 of the Ordinance is carried out by
the company's appointed actuary, the amount of policyholder liabilities
recorded in these statements shall be the greater of the amount of policyholder
liabilities certified by the appointed actuary and the minimum actuarial
reserve for policyholder liabilities.
(5) Where
these statements are made up to a date as at which a valuation of policyholder
liabilities in accordance with Section 50 of the Ordinance is not carried out
by the company's appointed actuary, the amount of policyholder liabilities recorded
in these financial statements shall be the greater of the amount of policyholder
liabilities certified by the appointed actuary and the minimum actuarial reserve
for policyholder liabilities at the valuation most recently performed.
(6) The
Notes to these statements shall show the allocation of surplus, if any, in the
financial year, required to be made under Section 21 of the Ordinance, and such
accounts as are relevant shall be recorded following such allocation of surplus.
(7) Policyholder
liabilities shall not include any bonuses proposed to be allocated to
participating policies, unless before the balance date those amounts have been
so allocated.
12.
Admissibility of Assets (Applicable to
Form LI only).(1) The value
of assets for the purposes of the Balance Sheet shall be in accordance with the
company's accounting policies for such assets and the method of assigning
values to investments provided for in these regulations.
(2) Where the value of any asset arrived at in
accordance with sub-clause (1) is different from the value which may be treated
as admissible under S. 32 of the Ordinance, then the Regulatory Returns will
include Form LI ("Statement of Solvency").
PART B
NON-LIFE INSURANCE
13. Segment analysis.(1) Some of the forms of Published Financial Statements
specified in the Annexure II of the Securities and Exchange Commissioner
(Insurance) Rules, 2002 provide segment analysis by class of business. Separate
figures for any class of business are required in addition to the segments already
identified in the published forms if the gross premiums for that class
constitute 10% or more of the gross premium revenue of the insurer. Amounts
relating to classes constituting less than 10% may be clubbed together in
"Miscellaneous".
(2) If
an insurer writes business outside Pakistan
then a complete set of Regulatory Returns except for Form GA
shall be prepared for such business.
14. Audit Report.--Both the Regulatory Returns and Published
Financial Statements shall be accompanied by an Audit Report as required under
S. 48(2) of the Ordinance in accordance with the format as specified by the
Commission from time to time.
15.
Premiums.--(1) Premium receivable under a policy / cover
note issued shall be recognized as written from the date of attachment of risk
to the policy / cover note.
(2) Over
the period of insurance from inception to expiry, except as stated in
sub-clause (3), premium shall be recognised as revenue as follows:
(i) For
direct business, evenly over the period of the policy.
(ii) For
proportional reinsurance business, evenly over the period of the underlying
policies.
(iii) For
non-proportional reinsurance business, in accordance with the pattern of
reinsurance service.
(3) Where
the pattern of incidence of risk varies over the period of the policy, the
premium shall be recognised as revenue in accordance with the pattern of
incidence of risk.
(4) The
unearned portion of premium income shall be recognised as a liability. Such
liability shall be calculated either:
(i) as
a proportion of the gross premium of each policy, determined as the ratio of
the unexpired period of the policy and the total period, both measured to the
nearest day; or
(ii) where
the majority of policies are issued for one year, by applying the
twenty-fourths method, whereby the liability shall equal 1/24 of the premiums
relating to policies commencing in the first month of the insurer's financial
year, 3/24 of the premiums relating to policies commencing in the second month of
the insurer's financial year, and so on.
(5) Premium/
premium adjustments not yet processed but relating to the financial year shall,
so far as is practicable, be recognised as a receivable and earned over the
period in accordance with these rules.
(6) Premium
revenue shall not include any levy which is an amount collected on behalf of a
third party.
(7) Any
levy charged on premiums which is not an amount collected on behalf of a third
party shall be considered to be part of premium.
(8) Premiums
accepted under a coinsurance or pool arrangement shall be considered to be
revenue of the participating insurers each for their own share only, unless a
contract of reinsurance exists under which an insurer has primary liability for
the whole of the business and reinsures it to another or others.
(9) Where
premiums for a policy are payable in installments, the full premium for the
duration of the policy shall be recognized as income at the inception of the
policy and a related asset set up for premiums, notwithstanding the fact that some
installments may not, by agreement between the insurer and the insured, be payable
until later.
16.
Claims.(1) A liability for outstanding claims shall
be recognized in respect of all claims incurred to balance date, and must be measured
at the undiscounted value of expected future payments.
(2) A
claim shall be considered to be incurred at the time of the incident giving
rise to the claim, except as otherwise expressly indicated in a contract of insurance.
(3) The
claims liability must include amounts in relation to unpaid reported claims;
claims incurred but not reported, and expected claims settlement costs.
(4) Claims
incurred but not reported shall be recognized based on experience of past years
excluding exceptional losses.
17. Reinsurance expense.(1) Premium ceded to reinsurers must be recognized
as a liability as follows:
(i) for
reinsurance contracts operating on a proportional basis, on attachment of the
underlying policies reinsured.
(ii) for
reinsurance contracts operating on a non-proportional basis, on inception of
the reinsurance contract.
(2) Over
the period of reinsurance from inception to expiry, except as stated in
sub-clause (3), reinsurance premium shall be recognized as an expense as follows:
(i) For
proportional reinsurance business, evenly over the period of the underlying
policies.
(ii) For
non-proportional reinsurance business, evenly over the period of indemnity.
(3) Where
the pattern of incidence of risk varies over the period of the policy, the
premium shall be recognized as an expense in accordance with the pattern of
incidence of risk.
(4) The
portion of reinsurance premium not yet recognized as an expense shall be
recognized as a prepayment.
(5) Premium
adjustments not yet processed, and premium not yet processed but relating to
the financial year shall, so far as is practicable, be recognized as a
liability and brought to account as an expense in accordance with these rules.
18. Claims recoveries.(1) Claims recoveries receivable from reinsurers
and other recoveries receivable shall be recognized as assets and measured at
the amount expected to be received.
(2) Claims
recoveries receivable from reinsurers and other recoveries receivable shall be
recognized at the same time as the claims which give rise to the right to the
recovery are recognized.
19. Acquisition costs.(1) Commissions and other incremental acquisition
costs incurred in obtaining and recording policies of insurance and reinsurance
may be deferred and recognized as assets where they can be reliably measured
and it is probable that they will give rise to premium revenue that will be recognized
in subsequent reporting periods. Incremental acquisition costs of a policy are
costs of selling, underwriting and initiating an insurance policy which has
been incurred because that particular policy has been issued, i.e., the costs
are identified at the level of an individual policy and not at the level of a
portfolio of policies. Such costs may include, for example, surveyor costs
where a survey has been carried out as a part of the underwriting process. They
will not, however, include costs of permanent underwriting staff of the
insurer.
(2) Deferred
acquisition costs must be amortized systematically over the reporting periods
over which the related premium revenue is recognized.
(3) An
acquisition cost which is not incremental must be recognized as an expense
during the period in which it is incurred.
20. Exchange commissions.Exchange commissions, profit commissions and
other forms of revenue (apart from recoveries) receivable from reinsurers shall
be deferred and brought to account as revenue in accordance with the pattern of
recognition of the reinsurance premiums to which they relate.
21. Premium deficiency.(1) The provision for premium deficiency (liability
adequacy test) shall be recognized in accordance with the requirements given in
International Financial Reporting Standard 4 Insurance contracts.
(2) The
movement in the premium deficiency reserve shall be recorded as an expense and
shall form a part of the underwriting result.
22. Statement of estimated exposure.The statement of estimated exposure shall be
prepared in accordance with Form GI of the Regulatory Returns which also
explains the basis of its preparation.
23. Admissibility of Assets.(1) The value of assets for the purposes of
the Balance Sheet shall be in accordance with the company's accounting policies
for such assets and the method of assigning values to investments provided for
in these regulations.
(2) Where the value of any asset arrived at in
accordance with sub-clause (1) is different from the value which may be treated
as admissible under S32 of the Ordinance, the Regulatory Returns will include
Form GJ ("Statement of Solvency").
-------------------------
NOTIFICATION
PAKISTAN ONSHORE
PETROLEUM (EXPLORATION AND PRODUCTION) RULES, 2013
[Gazette of Pakistan, Extraordinary, Part-II, 14th
June, 2013]
S.R.O.
577 (I)/2013, dated 8.3.2013.In
exercise of the powers conferred by Section 2 of the Regulation of Mines and
Oil fields and Mineral Development (Government Control) Act, 1948 (XXIV of
1948), the Federal Government is pleased to make the following rules, namely:
PART I
GENERAL
1. Short title, application and commencement.(1) These rules may be called the Pakistan
Onshore Petroleum (Exploration and Production) Rules, 2013.
(2) These
rules shall apply to the onshore areas of Pakistan and shall regulate all
petroleum rights except those relating to coal bed methane.
(3) They
shall come into force at once.
2. Definitions.In these rules, unless there is anything
repugnant in the subject or context,
(i) "allowed
transportation cost" means actual cost incurred for moving the petroleum
produced and saved from the field gate to the point of determination of value
of the petroleum as approved by the Authority;
(ii) "annexure"
means an annexure to these rules;
(iii) "arm's
length sales" means the sales made freely in the open market, in freely
convertible currencies between willing and unrelated sellers and buyers having
conflicting interests and in which such buyers and sellers have no contractual
or other relationship, directly or indirectly, or any common or joint interest
as is likely to influence selling prices but shall exclude the value of sales
(whether direct or indirect, through brokers or otherwise) involving an
affiliate, sale between Government to Government entities, counter trades,
restricted or distress sales, sales involving barter arrangements and generally
any transactions motivated in whole, or in part, by consideration other than
normal commercial practices;
(iv) "Authority"
means the Directorate General Petroleum Concessions (DGPC) or any officer or
authority appointed by the Federal Government to exercise the powers and
perform the functions of the DGPC;
(v) "coal
bed methane" or "CBM" means gas produced by drilling wells
within the coal seams, that is, methane physically associated with coal which
includes methane absorbed, adsorbed, and contained in pores and fractures and
produced within coal seams which has such distinct biomarker or footprint that
conclusively proves to have been principally derived from a biogenetic source
of adjacent coal seams;
(vi) "commercial
discovery" means a discovery of petroleum duly evaluated by appraisal well
which discovery, in the opinion of a holder of a licence or lease, with the
approval of the Authority, which shall not be unreasonably delayed, after
submission of requisite information to the Authority, would justify,
particularly by its quality, quantity, gravity, place and depth where found,
its economic development and assures a continuous commercial production for a
reasonable period. In the event that the discovery so made does not justify the
drilling of an appraisal well, then such holder of a petroleum right, upon submitting
detailed technical and economic justification, shall seek the approval of the
Authority for declaration of commercial discovery on a one-well basis;
(vii) "commercial
production" means production of petroleum out of a commercial discovery
which production ensures at least the recovery of all expenditure directly
attributable to such commercial discovery within a reasonable time and earning
of a reasonable profit;
(viii) "company"
or "companies" means a body corporate or other entity established or authorized
to do business under the laws of Pakistan which is engaged in, or seeking to
engage in, petroleum operations and unless otherwise specified, the expression
"companies" refer to both local and foreign companies;
(ix) "crude
oil" means all petroleum other than natural gas and which at standard
atmospheric conditions of pressure and temperature is in a fluid phase
including condensates and distillates.
(x) "delivery
point" means a point, for the purpose of determination of royalty leviable
on petroleum produced and saved from a licence or lease area as well as for the
purpose of satisfying national market obligations pursuant to Rule 43, which
will be determined as follows:
(a) for the purpose of natural gas, the
delivery point shall be the outlet flange of the production facility;
(b) for the purpose of crude oil and
condensate, the delivery point shall be deemed to be the nearest operating
refinery; and
(c) for the petroleum other than under
sub-clauses (a) and (b), the delivery point shall be loading arm at the
processing facility unless otherwise approved by the Authority;
(xi) "discovery"
means the finding of a deposit of petroleum from an exploration well not
previously known to have existed within the area held by a holder of a
petroleum right which produces a flow of petroleum at the surface and is
measurable by the conventional petroleum industry testing methods;
(xii) "discovery
area" means an area within the area of a licence or lease which
encompasses the accumulation of petroleum in a geological entity limited by
lithological boundaries, structural boundaries, the contact zone between
petroleum and the limiting water level, or a combination thereof, and so that
the petroleum included everywhere is in pressure, fluid or gas communication;
(xiii) "exploration
well" means a well which tests clearly a separate geological entity, be it
of structural, lithologic or facies of pressure nature, penetrating all
prospective intervals at the particular location;
(xiv) "Federal
Government" means the Federal Government of the Islamic Republic of
Pakistan.
(xv) "good international
oilfield practices" means generally the reasonable and prudent diligent
use of policies, procedures, methods, equipments and material that results in
effective and efficient exploration, appraisal and development of petroleum
including optimum recovery of petroleum from a discovery area with minimal
impact on the environment as permitted and use of efficient and effective
practices for transforming produced petroleum into marketable form and
delivering it to the market, having due regard for safety and other factors and
means in particular, knowledge of and compliance with the latest standards
developed by relevant professional institutions including but not limited to
(a) the American Gas Association (AGA);
(b) the American Petroleum Institute (API);
(c) the American Society of Mechanical
Engineers (ASME);
(d) the American Society for Testing and
Materials (ASTM);
(e) the British Standards Institute (BSI);
(f) the International Organization for
Standardization (ISO); or
(g) any other organization deemed acceptable
by the Authority;
(xvi) "GHPL" means the
Government Holdings (Private) Limited;
(xvii) "lease" or
"development and production lease" means an exclusive right to develop
and produce petroleum from a designated portion of the onshore area under and
pursuant to these rules, which shall be substantially in the form as set out in
Part III of the Second Schedule;
(xviii) "licence"
or "exploration licence" means an exclusive right to explore for
petroleum within a designated portion of the onshore area under and pursuant to
these rules, which shall be substantially in the form as set out in Part II of
the Second Schedule;
(xix) "natural gas"
means all hydrocarbons which at standard atmospheric conditions of pressure and
temperature are in a gaseous phase, including non-hydrocarbon gas which is in
association with and produced together with such gaseous hydrocarbons;
(xx) "permit" or
"reconnaissance permit" means a non-exclusive right to perform
activities of reconnaissance and exploration within a designated portion of the
onshore area under and pursuant to these rules, which shall be substantially in
the form as set out in Part I of the Second Schedule;
(xxi) "petroleum" means
all liquid and gaseous hydrocarbons existing in their natural condition in the
strata, as well as all substances including sulphur, produced in association
with such hydrocarbons, but does not include basic sediments and water;
(xxii) "petroleum concession
agreement" or "PCA" means an onshore agreement entered into
pursuant to these rules between the President and a company or companies for
the purpose of exploration, development and production of petroleum other than
CBM;
(xxiii) "petroleum
rights" means a permit, licence and lease issued under these rules;
(xxiv) "PHC"
means the provincial government holding company of the Provincial Government;
(xxv) "Policy" means the
Petroleum Exploration and Production Policy, 2012;
(xxvi) "President"
means the President of the Islamic Republic of Pakistan;
(xxvii) "Provincial Government" means the Government of the
relevant Province of the Islamic Republic of Pakistan in which a petroleum right,
is to be or, has been granted, and in the event such a petroleum right extends
over more than one Province then the Government of each such Province;
(xxviii) "record" means all record
pertaining to the activities of a holder of a petroleum right including but not
limited to an account, book, return statement, report, chart, table, diagram,
form, survey, image, invoice, letter, map, agreement, memorandum, plan, core,
sample, voucher, financial and non-financial information, and anything
containing information whether in writing or in electronic form or represented
or produced by any other means and the result of recording of electronic data,
its processing systems and programme to illustrate what the systems and
programme do, and how they operate without compromising proprietary rights, if
any, related to the hardware and software;
(xxix) "Schedule"
means a schedule to these rules;
(xxx) "significant
gas discovery" means a discovery of natural gas which has tested
significant flow rates of natural gas predominately methane from one or more
reservoirs and is estimated to be capable of continuous production over a
reasonable period which in the opinion of a holder of a petroleum right could
be declared a commercial discovery in the future provided, inter alia that adequate gas pipeline transportation facilities are
installed and gas markets have been sufficiently developed for sale of natural
gas on commercial basis;
(xxxi) "spill"
means a discharge, emission or escape of petroleum, other than one that is
authorized by applicable law or approved by the Authority;
(xxxii) "strategic partner" means a
foreign state owned and controlled company allowed to explore for and develop
petroleum within a given acreage following direct negotiations between the
Federal Government and the government of the strategic partner;
(xxxiii) "wellhead value" means the
value of petroleum as defined in Rule 39;
(xxxiv) "waste" or
"wasted" means waste as understood in the petroleum industry and
shall include working methods which, in accordance with good international
oilfield practices are considered wasteful;
(xxxv) "working interest" means all
or any undivided interest in the entirety of any petroleum right, rights and
obligations and liabilities imposed by the rules, the licence and any lease
granted pursuant to the rules and any PCA;
(xxxvi) "work unit" means a unit of
work for the purpose of measuring the quantum of minimum work programme as
quoted in the bid or contained in the respective PCA; and
(xxxvii) "year" means a period of
twelve consecutive months according to the Gregorian calendar.
3. Administration and regulation.The Authority shall be responsible for the
administration and regulation of these rules and the execution of all duties
imposed upon it by these rules, or pursuant to any agreement or any other
function entrusted by the Federal Government or Provincial Government. Notwithstanding
anything to the contrary contained herein, in the administration and
application of the rules, the Authority may give due consideration to relevant
facts and grant such relaxation as is deemed necessary in larger public interest
in terms of Section 5 of the Regulation of Mines and Oil fields and Mineral
Development (Government Control) Act, 1948.
4. Division of area into blocks and zones.(1) Any area of Pakistan may be divided into blocks
of such sizes and shapes as the Federal Government may determine from time to
time.
(2) The licensing zones shall be as per map
attached as Annexure-I to these rules.
5. Application for petroleum right.Any company may apply in accordance with
these rules for,
(a) a
reconnaissance permit;
(b) an
exploration licence; and
(c) a
development and production lease
6. Manner in which application may be made
for petroleum rights.(1)
Every application shall be made in writing in the form set out in the First
Schedule addressed to the Authority. Every application shall be entered in the
register to be maintained by the Authority.
(2) The applicant shall provide details of any
changes in the status or experience of the company that has occurred since the
company has applied for the petroleum right.
(3) With
every application there shall be deposited
(a) a fee of fifty thousand
rupees if the application is for the grant or renewal of a permit;
(b) a fee of one hundred
thousand rupees if the application is for the grant or renewal of a licence;
and
(c) a fee of two hundred
thousand rupees if the application is for the grant or renewal of a lease.
(4) There
shall be attached to the application five copies of the map upon which shall be
delineated by the boundaries of the areas in respect of which a petroleum right
is applied for. The map shall be taken from the relevant Survey of Pakistan map
of appropriate scale. If the area is identified by a block system notified
under Rule 4, a reference to the relevant block number is sufficient.
(5) The
applicant shall furnish additional information as may be requested by the
Authority within three months from the request thereof, failing which the
application shall be rejected, unless the Authority determines otherwise.
(6) Notwithstanding
the above, the Federal Government may assign the status of strategic partner in
accordance with the Policy and these rules, however, they will be given
privileged award of petroleum rights without following competitive bidding for
certain blocks selected by the Authority on mutually acceptable terms and
conditions.
7. Separate application for each area.(1) Where an applicant seeks a petroleum
right over two or more areas which are not contiguous, the applicant shall
apply for separate petroleum rights over each such area, unless otherwise
permitted by the Authority.
(2) Nothing
in these rules shall prevent more than one petroleum right being granted to the
same applicant.
8. Several holders of a petroleum right.Where the petroleum right is held by two or
more companies, they shall be liable jointly and severally towards the Federal
Government for obligations and liabilities, resulting from their activities
pursuant to the petroleum right. The companies shall, with the prior written
approval of the Authority, appoint an operator from amongst them, except that
such special arrangements as to the operatorship shall be applicable as may be
approved by the Authority under Rules 64 and 66. No change in such appointment
shall be made without the Authority's prior approval.
9. Petroleum right not assignable without
approval.A petroleum right
or any working interest therein shall not be assigned without the previous approval
in writing of the Authority.
10. Method of making applications for
assignments.An application
by a holder of a petroleum right for approval to the assignment of a petroleum
right shall be made in writing addressed to the Authority, and shall be
accompanied by a fee of one hundred thousand rupees for each assignee. With the
application, the applicant shall furnish the like particulars in respect of the
proposed assignee as are required to be furnished in the case of applicants for
a petroleum right.
11. Power to grant or refuse petroleum right.Subject to Rules 22, 23, 30 and 34, the grant
of a petroleum right, or renewal thereof, shall be decided by the Authority. In
the event of refusal to grant such petroleum right, or renewal thereof, the
Authority shall provide the reasons thereof.
12. Lapse of entitlement to petroleum right.Where a petroleum right is not executed
within three months after approval of the application by the Authority has been
conveyed to the applicant, the entitlement of the applicant to such petroleum
right shall lapse unless, the Authority considers that the delay is not
attributable to the fault of the applicant.
13. Surrender of petroleum right.A holder of a petroleum right wishing to
surrender his right shall give the Authority one month's notice of his intention
to do so, and if the holder of a Petroleum right fulfills all his obligations
under the petroleum right, including the obligations pursuant to Rule 73 or if
such holder of a petroleum right pays liquidated damages pursuant to Rule 28,
he shall on the expiry of the notice be entitled to surrender his petroleum right
in whole or in part. On doing so the holder of a petroleum right shall not be obliged
to pay rent for the remaining period of the petroleum right.
14. Submission and publication.(1) Application for petroleum right may be
submitted either-
(a) at
the initiative of the applicant, or
(b) on the basis of an
invitation from the Authority to submit competitive bids.
(2) In
case of clause (b) of sub-rule (1), a notice for competitive bidding may be
published in such national or foreign publications as the Authority may
determine.
15.
Terms and conditions of a petroleum
right.Every permit, licence
and lease shall, subject to such modifications as may be made by the Authority,
be in the form set out in Parts I, II and III, as the case may be, of the Second
Schedule and shall include such additional conditions relating to ancillary or
incidental matters as the Authority may deem fit to insert.
16. Performance guarantees.(1) The Authority shall require successful
applicants for petroleum exploration licenses to furnish irrevocable and
unconditional guarantee, in an acceptable form, with respect to the obligation
and liabilities of the holder of a licence on or before the execution of the
petroleum exploration licence.
(2) The
Authority may, in its sole discretion, accept a guarantee in one or more of the
following forms:-
(a) a
bank guarantee equal to twenty five per cent of the minimum financial
obligation from a bank of international repute acceptable to the Authority;
(b) parent
company guarantee of a multinational exploration and production company of
international repute with a proven track record;
(c) a
corporate guarantee of a Pakistan
registered exploration and production company having operatorship with majority
working interest in producing fields within Pakistan;
(d) in
case of local production, first and preferred lien on petroleum production
equal to 100% of the minimum financial obligation;
(e) in
case of other local assets, first and preferred lien on assets equal to 100% of
the minimum financial obligation; and
(f) deposit
in an escrow account equal to 25% of the minimum financial obligation with a
bank of international repute acceptable to the Authority.
(3) In
the event the successful applicant elects to provide any guarantee, other than
a parent company guarantee, the guarantee so provided shall only be released in
case all work obligations including but not limited to social welfare,
training, data, rental etc. are fully discharged. The Authority shall have the
right to recover the due amount for non-performance of all such obligations
from the performance guarantee.
PART-II
PERMIT FOR RECONNAISSANCE SURVEYS
17. Grant of permit.The Authority may grant a permit, in the form
prescribed in Part I of the Second Schedule, to any company to carry out reconnaissance
surveys over such areas and on such terms and conditions as it may determine in
each case and include the following conditions, namely:
(i) the
grant of the permit shall not imply that the holder of a petroleum right shall
subsequently be entitled to the grant of a licence over the areas covered by
the permit;
(ii) On
the conclusion of the survey, the holder of a petroleum right may apply for a
licence in accordance with these rules, but shall not be entitled to claim a
relaxation of rules for the grant of a licence applied for by him. However, the
Authority upon a request of the holder of a petroleum right, may allow
adjustment of the work carried out or expenditure incurred, excluding any work
or expenditure related to a multi-client arrangement unless otherwise agreed,
against the minimum work or expenditure obligation under a licence covering the
area of permit, if granted;
(iii) unless
otherwise stipulated in the permit, the holder of a petroleum right shall have
the non-exclusive right to undertake, within the designated areas, petroleum
reconnaissance by such geophysical, geological, geo-chemical and geo-technical
methods and such other related work including geological information bore-hole,
as may be stipulated in the permit;
(iv) the
holder of a petroleum right shall submit a copy of all the maps, plans, graphs
and magnetic tapes and related data as and when these become available and a
complete report of the survey not later than six month of the completion of the
survey;
(v) the
holder of a petroleum right shall comply with all instructions which the
Authority may issue regarding the use of maps, plans, graphs and other data
generated or collected by the holder of a petroleum right in the course of the
reconnaissance survey;
(vi) the
permit shall be valid for a period of one year and may, at the discretion of
the Authority be renewed for a period of up to one year;
(vii) a
permit does not extend to areas already covered by a licence or a lease unless
otherwise specified by the Authority pursuant to sub-rule (1) of rule 66;
(viii) the
Authority may grant a licence, or a lease, to any person at any time for any
part of an area covered by a permit except as provided therein;
(ix) the
holder of the permit shall perform work stipulated in the permit with due
diligence; and
(x) the
holder of the permit shall for each square kilometer or part thereof comprised
in the permit area pay to the Federal Government rent at the rate of five
hundred rupees per year.
PART- III
LICENCE FOR PETROLEUM EXPLORATION
18. Grant of licence.The Authority may grant an exclusive petroleum
licence for exploration over any area on such conditions as are specified in
Part II of the Second Schedule including other terms and conditions as the
Authority may determine.
19. Size of area.A licence shall not be granted in respect of
any area exceeding twenty-five hundred square kilometres.
20. Shape of area.Each separate area in respect of which a
licence is granted shall be, as far as possible, compact, bounded by straight
lines and marked with permanent physical boundaries.
21. Rights and obligations of licence holder.(1) Subject to the provisions of these rules,
the licence gives a holder the exclusive right to undertake, within the licence
area, all activities related to reconnaissance and exploration, including
drilling for petroleum. The holder of the licence shall not be entitled to
extract any petroleum from discoveries other than such test and early
production as the Authority may allow under Rule 24 provided that in no event, such
test or early production shall cause loss of revenues to the Federal Government
or the Provincial Government.
(2) A
holder of a licence shall perform the work programme stipulated in the licence
as per schedule contained therein, along with other obligations as referred to
in these rules.
22. Period of licence and relinquishment of
area.(1) The initial term
of a licence shall not exceed five years keeping in view the surface and geological
condition of the licence area. The initial term of the licence shall comprise
two phases with first three years period designated as phase-I and the next two
years period as phase-II. Minimum work programme for phase-I shall be
determined through competitive bidding whereas a firm exploration well will have
to be committed for entering phase-II.
(2) The
Authority may, subject to the terms of the licence, grant up to two renewals
after the initial term. The term of each renewal shall be up to one year.
However, to avail a renewal a reasonable work programme comprising at least an
exploration well shall have to be offered keeping in view the surface and
geological conditions of the licence area. A holder of a licence desiring to
obtain such renewal shall make an application at least three months before the
expiry of the licence, or such lesser period as the Authority may allow and the
Authority shall process such application within one month of submission of the
same.
(3) The initial term or renewal of a licence shall
be extended by the Authority for drilling an exploration well in progress for a
period as may be approved by the Authority on case to case basis. This extended
period shall be considered to be part of the initial term or renewal, as the
case may be. In the event of extension, granted for a well under drilling, the
Authority may grant a further extension for up to three months for post well
studies on the request of a holder of a licence, and such extension in the
licence shall be treated as part of any subsequent phase or renewal, where
applicable.
(4) A
holder of a licence shall comply with the following part relinquishment
schedule during the term of the licence namely:--
(a) at
the end of phase-I - thirty percent of the original licence area;
(b) at
the end of phase-II - twenty percent of the remaining licence area; and
(c) on
or before the start of the second renewal- ten percent of the remaining licence
area.
(5) A
holder of the licence shall be entitled to renewal if it
(a) has
complied with the work programme and all other obligations of preceding term of
the licence; and
(b) has
committed to drill during each renewal period an exploration well or wells as
may be agreed with the Authority, prior to each renewal, to the agreed
objective and depth. Decision to this effect shall be taken giving due consideration
to surface and geological conditions of the licence area.
(6) In
the case of several holders of petroleum rights, upon a written request of the
operator, and in other cases on the request of petroleum right holder, the
Authority may, on case to case basis, extend the term of the licence on the
following grounds:
(a) if
seismic and drilling services are not readily available in the country for the
timely discharge of minimum work obligation, a proof to this effect will be
required before the Authority considers accepting or denying a request for
extension of an exploration licence. Such a request for extension will be
required to be made after the holder of the exploration licence has exhausted
all other options including but not limited to pooling resources to undertake
coordinated activities with other holders of the petroleum right, if possible;
(b) if
a holder of an exploration licence commits to undertake additional work which
is equivalent to at least 10% more than the minimum work obligation of
subsequent phase or renewal;
(c) if
a holder of an exploration licence makes additional accelerated area
relinquishment equivalent to 10% of the original licence area; or
(d) if
a holder of a licence was unable to perform work because of circumstances beyond
its control such as law and order situation, or for any unforeseeable reason
including but not limited to a flood or earthquake.
(7) Notwithstanding
anything contained in this rule, in no circumstances will an extension or
extensions cumulatively exceed two years during the currency of an exploration
licence.
(8) Notwithstanding
anything contained in these rules, upon a written request of a holder of a
licence, the Authority may, on case to case basis, revise the co-ordinates of
the area covered under the licence, provided, the geological structure extends
into an adjoining free area.
23. Appraisal, evaluation and renewal.A holder of a licence having made a discovery
of petroleum shall perform such additional work as the Authority, after
consultation with the holder of the licence, may specify, so as to enable the
holder of the licence to make timely determination of a discovery as a commercial
discovery. Subject to the agreement on such additional work and the holder of
the licence having complied with the work programme and its other obligations,
it shall be entitled to renewal of the licence not exceeding one year for the
purpose of expeditious appraisal and evaluation of the discovery. The renewal
shall only apply to the discovery area. The term of the appraisal renewal may
be extended further for such period as may be approved by the Authority on case
to case basis following a written request of the holder of the licence.
24. Extended well testing.(1) Subject to approval of the Authority, a
holder of a licence may be permitted to undertake extended well testing (hereinafter
referred to as "EWT"), during the appraisal phase and before the grant
of lease. Such approval shall be granted provided that the operator inter alia complies with the requisite royalty,
tax, rentals of the discovery area and training and social welfare obligations
as would be applicable under a lease.
(2) A
request for approval of EWT including associated temporary production
facilities shall be made to the Authority providing information with regard
to,
(a) technical
justification for EWT;
(b) proposed
duration for EWT; and
(c) a
plan for disposal of natural gas during the proposed EWT period.
(3) The
duration of EWT shall be allowed keeping in view the reservoir uncertainty and
the proposed investment outlay on EWT. The Authority shall not grant approval
to undertake flaring of gas during EWT for a period longer than thirty days if
the gas infrastructure is located within twenty-five kilometer radius of the
discovery well, unless under exceptional circumstances.
(4) During
appraisal phase a holder of a licence may be allowed to produce petroleum based
on EWT pricing terms and subject to the condition that the production during
EWT and post declaration of commerciality would be considered as commercial
production for the purpose of payment of production bonus, royalty and all
other obligations as are applicable to lease. However, the first production
bonus would be payable upon commencement of commercial production subsequent to
grant of lease.
(5) The
facilities that are required to undertake EWT shall be constructed and operated
in accordance with good international oilfield practices.
25. Retention of gas discovery.(1) In the case of a significant natural gas
discovery in Zone I or Zone II as specified in Annexure I, a retention period
of up to five years shall be considered, on a case to case basis, provided such
discovery may be declared a commercial discovery when adequate gas pipeline
transportation facilities are installed and gas markets have been sufficiently
developed for sale of natural gas on a commercial basis. In case of a discovery
of Low BTU Gas for which outlet is not readily available or gas infrastructure
cannot be utilized, the Federal Government can consider extension in the afore
mentioned retention period on a case to case basis.
(2) A
discovery containing oil and gas or oil, gas and condensate is considered to be
a gas discovery for the purposes of obtaining a retention period only when
liquids production is not considered economic without marketing the gas stream.
26. Declaration of commercial discovery.(1) Upon completion of the agreed appraisal,
evaluation and commercialization work, the holder of a licence may submit a
notice for declaration of commercial discovery to the Authority for its
approval along with a report in accordance with clause (d) of Rule 55 and
general plan for development. Subject to the approval of a commercial
discovery, the holder of the licence shall be entitled to apply for the grant
of a lease in respect of discovery area in accordance with these rules.
(2) The
lease shall prevail over the licence within the area designated in the lease,
but the licence continues to be valid outside such lease area without modifying
the right and obligations pursuant to the licence.
(3) Upon
termination of the licence, a holder of a licence shall relinquish the licence
area except the area covered by the lease or leases granted to him.
27. Extension pending grant of lease.If a holder of a licence, before the expiry
of the licence, has applied for a lease, the duration of the licence
notwithstanding the provisions of sub-rule (7) of Rule 22 shall be extended
until the lease has been granted or refused .
28. Work programme and other obligations not
fulfilled.(1) Where upon
the surrender or the expiry of a licence, the obligations pursuant to rules
21,22 or 23 have not been fulfilled, holder of a licence shall
(a) pay
to the Federal Government such sum by way of liquidated damages which
correspond to the minimum expenditure of undischarged work obligations as set
forth in the licence within a period of thirty days from the surrender or
expiry of the licence; or
(b) request
the Authority, to allow transfer of undischarged work obligation committed
under rules 21 and 22 to another area if it is demonstrated to the satisfaction
of the Authority that there is no drillable prospect in the licence area. Such
transfer shall be subject to such terms and conditions as may be specified by
the Authority on case to case basis.
(2) Where
a holder of a petroleum right has not fulfilled other obligations relating to
social welfare, rent, data, training, etc., the guarantee(s) submitted by the
holder of a petroleum right shall not be returned till the obligations are discharged
first or the holder of a petroleum right of the remaining other obligations
provides replacement guarantee equivalent to the value as determined by the
Authority.
(3) In
case the liquidated .damages payable pursuant to clause (a) of sub-rule (1) are
not paid or the transfer of undischarged work obligation to another area
pursuant to clause (b) thereof, is not approved, the Authority may, in addition
to any other action or remedy including black listing of a holder of a licence,
cancel a lease granted to the holder in respect of any area comprised within
the area of the licence which has been surrendered or expired.
(4) Where
a holder of a licence is found to be in default or breach of the terms and
conditions on which a petroleum right was granted or of his work or other
obligations and has remedied such default or breach to the satisfaction of the
Authority in accordance with sub-clause (a) of Rule 72, the holder of the
licence shall be deemed to have mitigated such default or breach for the
purpose of Rules 21, 22 and 23.
29. Rent.(1) A holder of a licence shall for each square kilometre or part
thereof comprised in the licence area pay rent to the Federal Government at the
following rates, namely:
(a) in
respect of initial term of five years of the licence under sub-rule (1) of Rule
22
(i) three thousand five hundred rupees per
square kilometre or part thereof for the whole term of five years; or
(ii) eight hundred rupees per square kilometre
or part thereof in respect of each year of the initial term of five years of
the licence; and
(b) in
respect of each renewal or extension of the licence under sub-rule (2) or (6)
of Rule 22 or rules 23 or 25,
(i) five thousand rupees per square kilometre
for part thereof for each renewal; or
(ii) two thousand seven hundred and fifty rupees
for each year of each renewal.
(2) The
licence may include a provision for annual adjustment of the rent due by
reference to an appropriate index so as to ensure that the rent retains its
value in real terms.
(3) The
rent shall be paid in advance of the period to which it relates.
PART-IV
LEASE FOR PETROLEUM DEVELOPMENT AND PRODUCTION
30. Grant of development and production lease.(1) The Federal Government shall on being
satisfied that a commercial discovery has been made and that the terms and
conditions of a licence, including the work programme, have been duly observed
and performed, or that a holder of the licence is in satisfactory progress with
the work programme, and that the requirements of Rule 36 have been duly
complied with by the applicant, grant a lease in the form prescribed in Part
III of the Second Schedule in respect of discovery area within the licence area
granted to the applicant.
(2) The
Federal Government may grant a single lease covering more than one discovery
area within the same licence area provided that such discovery areas are
juxtaposed vertically in which case the lease shall be granted on the basis of
the discovery area which is larger in extent.
(3) In
the event that any part of a discovery area extends beyond the lease into an
open acreage, the Federal Government may upon being satisfied that the
discovery area extends into such open acreage and subject to such conditions as
deemed necessary, readjust the subsisting boundaries of the lease so as to
include such part of the open acreage on which the discovery area extends.
31. Rights of lease holder.A holder of a lease shall have an exclusive
right to perform activities in connection with the development and production
of petroleum in the area covered by the lease, including the right to undertake
transportation of petroleum, subject to approval pursuant to Rule 37.
32. Shape of discovery area.Each discovery area in respect of which a
lease is granted shall be laid out in straight lines between well defined points
as far as practically possible and must also be marked with permanent physical
boundaries.
33. Survey expense.Before a lease is granted the applicant
shall, if so required by the Authority, at his own expense cause a
topographical survey of the land specified therein to be made to scale normally
required for petroleum right purposes, and approved by the Survey of Pakistan,
and submit six copies thereof to the Authority.
34. Lease period.(1) A lease shall be for the period for which
application has been made and supported by relevant technical and other information
but shall not exceed twenty-five years. In the event the lease is initially
granted for a period less than twenty-five years, the same may be extended for
the remaining period provided commercial production continues.
(2) Upon
application from a holder of a lease, the Authority may renew the lease for a
period, not exceeding five years, if commercial production is continuing at the
time of the application, subject to the following, namely:
(a) the request for a renewal
along with revised development plan is submitted to the Authority not less than
three years prior to expiry of initial term; and
(b) the area has been
producing on a regular commercial basis on the date of the request.
35. Re-grant of lease after expiry of lease
term.(1) After the expiry
of a lease period, the Authority may renew or re-grant, as the case may be, the
lease for up to a further five years, provided the lease holder agrees, at
least one year prior to the expiry of the lease period, to pay, 15% of wellhead
value of petroleum produced to the Federal Government. If such agreement is not
concluded the Authority may invite bids from prequalified companies for the
grant of a lease over the same, or substantially the same, area as the expiring
lease, for a term of ten years or such lesser period for which commercial
production is expected to continue. The bids shall be evaluated on the basis of
signature bonus.
(2) Each
bidder shall provide a bid bond of ten per cent of the offered signature bonus
at the time of bidding along with development plan.
(3) The
Authority shall be under no obligation to grant any extension.
36. Development plan.(1) Together with the application for a lease
shall be enclosed a development plan which shall contain such information as the
Authority may reasonably deem necessary, including but not limited to the following,
namely:
(a) proposals
for the development and production of each discovery area including possible
alternatives and proposals relating to the disposition of associated gas;
(b) proposals
relating to the spacing, drilling and completion of wells, the production and
storage installations and transport and delivery facilities required for the
petroleum production. Such proposal shall cover,--
(i) the estimated number, size and production
capacity of production facilitates and platforms, if any;
(ii) estimated number of production wells;
(iii) particulars of production equipment and
storage facilities;
(iv) particulars of feasible alternatives for the
transportation of petroleum including pipelines; and
(v) particulars of equipment required for the
operations;
(c) the
production profiles for crude oil, condensate and natural gas and other
products for the life of the field;
(d) investment
plans including cost estimates of capital and operating expenditure;
(e) profitability
estimates;
(f) proposals
related to the establishment of processing facilities and processing of
petroleum in Pakistan;
(g) safety
measures to be adopted in the course of development and production operations
including measures to deal with emergencies and protection of environment;
(h) a
description of the organization in Pakistan, pursuant to these rules;
(i) contingency
and abandonment plans; and
(j) time
schedule of all activities covered in the development plan clearly specifying
the critical milestones proposed and measures to achieve such milestones.
(2) The
plan shall require the approval of the Authority. Such approval shall not be
unreasonably delayed provided the requisite information has been provided to
the Authority.
(3) After
approval of the plan, a holder of a lease shall carry out development and
production in accordance with the plan, subject to such modifications as may be
necessary and are approved by the Authority from time to time.
37.
Transportation of petroleum.(1) Subject to approval in accordance with
this rule, a holder of a petroleum right has the right to lift and transport
petroleum from the licence and lease area, either through transportation
facilities owned wholly or partly by himself or through access to
transportation facilities owned by a third party and such approval shall not be
unreasonably withheld or delayed.
(2) In
case the holder of a petroleum right intends to construct its own transportation
system for which tariff will be claimed, it shall submit to the regulator
concerned, an application comprising the proposed organization and implementation
of the transportation system. In case of pipeline transportation, the
application shall also comprise the design, construction and route plans and any
other information as required by the concerned regulator under the relevant laws.
(3) The
Authority may, on giving its approval, stipulate in accordance with the applicable
policy such conditions as are reasonable and necessary to secure a rational
system of transportation of petroleum and it may
(a) require
that several holders of petroleum right install jointly owned transportation
facilities; and
(b) grant
to any third party access to transportation capacity at tariffs to be approved
by the Authority.
38.
Royalty.(1) Royalty on petroleum produced and saved
shall be payable at the rate of twelve and a half per cent of the wellhead
value unless a higher rate for royalty is provided for in the relevant PCA
between a holder of a petroleum right and the Federal Government.
(2) The
royalty will be paid in cash or kind by the Federal Government to Provinces to
the extent of their share of liquid and gaseous hydrocarbons (such as LPG, NGL,
Solvent oil, gasoline and others) as well as all substances including sulphur,
produced in association with such hydrocarbon. The option to choose between
'cash' or 'kind' will rest with the Province however when the option of
"kind" is to be exercised, the respective Province will consult with
the Federal Government. In case of royalty in kind, the holder of a petroleum
right shall at the request of the Federal Government and at allowed
transportation cost, make arrangement for transportation of the royalty
petroleum downstream of the field gate in the same manner as if it was its own
petroleum. The lease rent paid during the year shall not be deductible from the
royalty payment.
(3) Royalty
shall be payable to the Federal Government on a monthly basis within a period
not exceeding forty five days of the end of the month of production in question
which if delayed beyond this stipulated period would attract fine at the rate
of the London Inter Bank Offer Rate (LIBOR) plus two per cent as may be
determined by the Authority. In the event royalty obligation remain
un-discharged for two consecutive months following expiry of the month of
production in question to which the payment of royalty relates, the Authority may
take such action as it may deem appropriate in accordance with these rules, including
but not limited to the exercise of powers of revocation pursuant to sub-rule
(e) of Rule 72.
(4) The
Federal Government or, if appropriate, the Provincial Government, shall lift or
take royalty petroleum in a timely manner and in accordance with such lifting
or sales agreement as may be mutually agreed with the holder of a lease.
(5) A
holder of a lease shall be permitted to use petroleum produced from lease area
for drilling, production, maintenance and processing of petroleum obtained from
the said lease free of cost, royalty and excise duty, provided that the holder
of the lease shall not be entitled to include any notional costs in claiming
his business expenses for income tax purposes.
(6) From
the amount of royalties payable in respect of any one year of the term of a
lease, there shall be no deduction of any expenditure except allowed
transportation cost.
(7) The
Federal Government may from time to time issue guidelines which shall inter alia cover procedure for
administration and payment of royalty due from a holder of a licence or a
lease.
(8) Notwithstanding
anything contrary contained in this rule, the election to take the royalty on
natural gas in cash or kind shall be exercised only once within ninety days of
the approval of development plan by the Authority.
39. Value of petroleum.For the purpose of calculating the amount due
by way of royalty, the value of the petroleum produced and saved shall be determined
at the delivery point by using actual selling price in the following manner,
namely:
(a) If
the petroleum is sold to the national market pursuant to Rule 43, the actual
selling price means the price determined in accordance with the relevant sale
and purchase agreement between a holder of a petroleum right and the Federal
Government or its designee less allowed transportation cost; and
(b) In
all other cases, the actual selling price means the greater of
(i) the price at which the petroleum is sold
or otherwise disposed of less allowed transportation costs;
(ii) the fair market price received through
arm's length sales of the petroleum less the allowed transportation costs; or
(iii) the price applicable to the sales made under
clause (a).
40. Royalty administration.(1) If there are two or more than two companies
as holder of a lease, they shall designate the operator to remit royalty on
their behalf unless prior approval has been obtained from the Authority to remit
royalty themselves.
(2) Royalty
shall be remitted with the supporting forms prescribed by the Authority with
documents and information required.
(3) If
the Authority determines that petroleum was avoidably lost or wasted then
royalty shall be payable on such lost or wasted petroleum in accordance with
the direction issued by the Authority.
(4) If
a holder of a lease receives insurance compensation for unavoidably lost
petroleum, royalty is due on the amount of the compensation in accordance with
the direction issued by the Authority.
(5) Ten
percent of royalty will be utilised by the Provincial Government for
infrastructure development in the district where petroleum is produced.
(6) If
a discovery area falls within the territorial jurisdiction of more than one
Provincial Government, then the apportionment of royalty between such
Provincial Governments shall be determined on the basis of the reserve potential
of that discovery area with respect to each such Province. The Authority, upon
being notified of such a discovery area, shall within thirty days appoint an
independent third-party consultant of international repute to determine the
reserve potential of each such Province with respect to the discovery area. The
independent third-party consultant shall finalize its determination within
thirty days of the appointment, such determination being final and binding on
the Federal Government and Provincial Government. For the avoidance of doubt,
the foregoing situation, including any determination, shall not prejudice the
rights of the petroleum right holder in respect of the discovery area nor
disrupt or impair any operations being carried out by the petroleum right
holder in the area.
41. Yearly lease rents.(1) A holder of a lease shall pay to the Federal
Government annually in advance, rent at the rate of seven thousand five hundred
rupees per square kilometer or part thereof covering the lease area during the
initial period and rent at the rate of Rupees ten thousand] per square kilometre
or part thereof covering the lease area during the renewal period of a lease
and further lease term extension.
(2) A
lease may include provision for annual adjustment of the rent due by reference
to an appropriate index so as to ensure that the rent retains its value in real
terms.
42. Surface rent.A holder of a lease shall pay for all land
which he may use or occupy for the purposes of the operations conducted under
the lease, a surface rent at the rate assessable under the revenue and rent law
in the district in which the land is situated and water rates, if any,
ordinarily assessable under any relevant rules if the land has not been
occupied for the winning of petroleum.
43. National market deliveries.(1) The Federal Government may decide that a
holder of a petroleum right shall deliver petroleum from his production to
cover the requirements of the national market for petroleum. The national
market for petroleum shall for this purpose means the total market requirements,
less petroleum produced by or otherwise available to the Federal Government
from indigenous sources. The holder of a lease shall deliver the petroleum at
such place or places in Pakistan
in accordance with terms and conditions of applicable agreement between the
Federal Government and the holder of a lease.
(2) Sub-rule
(1) shall apply to all holders of the lease producing petroleum as far as
practicable, pro rata to their production. Each holder's obligation may be
fulfilled directly or by means of swap arrangements approved by the Federal
Government.
(3) The
Federal Government may also decide that the holder of a lease shall arrange and
pay for adequate transportation of crude oil, condensate and natural gas liquid
which it has thus ordered to be delivered to the nearest operating refinery in
Pakistan.
(4) The
price to be paid for petroleum to be delivered pursuant to this rule shall be
such price as may from time to time be determined in accordance with terms and
conditions of applicable agreement between the Federal Government and the
holder of a lease.
44.
Petroleum measurement(1) A holder of a petroleum right shall measure
or weigh all petroleum produced and saved from the licence or lease area by a
method or methods customarily used in good international oilfield practices and
approved by the Authority. The Authority , from time to time and as and when
deemed necessary, may issue guidelines for installation, maintenance,
inspection and other matters related to measurement of petroleum as per good
international oilfield practices.
(2) The
Authority, or any officer authorized by it, shall, at all times during the term
of the licence or a lease or any renewal thereof, be entitled to inspect the
measuring or weighing equipment and to be present whenever such a measurement
or weighing takes place.
(3) A
holder of a petroleum right shall install, operate and maintain all measuring
and weighing equipment ensuring that such equipment records an accurate
measurements as per good international oilfield practices and remains in good
working condition at all times. If any such equipment shall at any time be
found not to be accurate, the same shall, if the Authority, so determines after
considering any representations in writing made by the holder, be deemed to have
existed in that condition during the period of three months prior to the discovery
thereof or the period elapsed since the last occasion upon which the same was
examined or tested, whichever shall be the less. This restriction on time
period shall not be applicable if the inaccuracy so discovered is found to be result
of the holder's willful tampering or negligence in which case appropriate adjustment
in royalties and imposition of fine shall be made as determined by the
Authority. The royalties payable in respect of such period shall be adjusted accordingly.
(4) A
holder of a petroleum right shall not make any alteration in the method or
methods of measurement or weighing used by him or any equipment used for that
purpose. The Authority, may require that no alteration shall be made save in
the presence of an officer authorized by him.
45. Revocation of lease.(1) The lease may be revoked if regular commercial
production has not commenced within five years from the grant of the lease. The
lease may also be revoked if production has terminated for more than ninety
days without prior written approval of the Federal Government unless this is
due to force majeure or any other reason beyond the control of a holder of a
lease and acceptable to the Federal Government.
(2) In
the event, a holder of a lease is found to have contravened sub-rule (1) the
Federal Government may issue a ninety days notice requiring the holder of a
lease to remedy the breach within the notice period failing which the Federal
Government may revoke the lease unless a plausible justification is provided by
the holder of a lease and accepted by the Authority.
PART-V
ACCOUNTS, RECORDS, INSPECTION AND REPORTS
46. Records and accounts.(1) A holder of petroleum right shall maintain
full and accurate records of accounts.
(2) Original
copies of all records shall be kept in Pakistan unless otherwise approved
by the Authority.
(3) A
holder of petroleum right shall immediately comply with the demand of the
Authority to submit the certified copy of any record.
47. Period of record-keeping.(1) Subject to sub-rule (2), the records
shall be kept and maintained for a period of six years following the end of the
calendar year to which the information contained in the record relates or for a
longer period as may be determined by the Authority. In case of any particular
record, upon application by a holder of petroleum right, the Authority may
consent in writing to the destruction of record before the end of the six years
period or such other period as is required under the applicable laws as the case
may be.
(2) If
based on reasonable grounds, the Authority is of the opinion that it is
necessary for the administration of any rules, to retain record for a longer
period, it may direct the concerned holder of the petroleum right to do so
specifying the reasons thereof.
48. Well records.(1) Notwithstanding the generality of Rule 47,
a holder of a petroleum right shall always keep full and accurate record of the
drilling, deepening, plugging, completion, re-completion or abandonment of all wells
containing particulars of the following matters with respect to each well namely:
(a) the
strata and sub-soil through which the well was drilled;
(b) the
casing used in any well and any alteration to such casings;
(c) any
petroleum and other reservoir fluids, or minerals encountered; and
(d) such
other matters as the Authority may, from time to time, require.
(2) If
required by the Authority, a holder of petroleum right shall deliver additional
record to the Authority as and when these become available.
49. Production records.A holder of a petroleum right shall always keep
full and correct record of production which shall contain accurate entries of:
(i) the
gross quantity and quality of petroleum won and saved;
(ii) the
method and results of tests conducted;
(iii) the
quantity and quality of petroleum delivered in Pakistan and exported;
(iv) the
quantity and quality of petroleum used for re-injection, pressure maintenance,
venting, flaring, drilling or other operational purposes;
(v) the
quantity and quality of petroleum sold, the name of the purchaser and the price
at which it has been sold supported by necessary documents;
(vi) the
quantity and quality of natural gas treated and processed for the removal of
impurities and inerts and natural gas liquids and liquefied petroleum gases and
the quantity and quality of any liquids, gases or any solids obtained from it;
and
(vii) such
further particulars as the Authority may from time to time, require.
50. Data to be property of the Federal
Government.(1) All data including
but not limited to wells logs, maps, magnetic tapes, cores, samples and any
other geological and geo-physical information obtained by a holder of a petroleum
right as a result of his activities in a permit, licence or lease shall be the
property of the Federal Government. The holder of petroleum right shall submit
all of the aforesaid data and information to the Authority as soon as it has become
available. The holder of petroleum right may, during the subsistence of a permit,
licence or lease, after prior intimation to the Authority , disclose all or any
part of the aforesaid data to a third party, provided that before disclosure of
the data, such party executes an appropriate confidentiality agreement drawn up
in accordance with the good international oilfield practices.
(2) All
processed geo-physical and geological information referred to in this rule
shall be submitted to the Authority on transparent, dimensionally stable
material as well as in the digital format, as may be notified by the Authority
from time to time. The Authority may disclose certain data except seismic and drilling
data to the Provincial Government.
(3) Information
and data as mentioned in this rule shall be kept confidential by the Federal
Government, Provincial Government and Authority for a period of three years
from the date the data is acquired by the holder of petroleum right with the
following exceptions namely:
(a) information
disclosed to other Pakistani authorities, or financial institutions or
consultants of the Federal Government, Provincial Government and Authority who
will be bound to keep the same confidential;
(b) information
required for general statistical purposes;
(c) upon
the earlier termination of a permit, licence or lease, or upon the date of
relinquishment of the area to which the information relates; and
(d) all
raw geo-physical, geological and well data including well logs may be disclosed
by the Authority or the Federal Government to any interested party after two
years of the activity to which such data relates. This however is not
applicable to the data generated under multi-client arrangements.
(4) Notwithstanding
anything contained in these rules, the data in the possession of the Federal
Government or Authority in respect of a surrendered or relinquished area of a
permit, licence or lease may be released by the same to a holder of petroleum
right or to an organization engaged in petroleum exploration, production and
research, on the actual reproduction and other costs of the data and on such
terms and conditions as it may determine.
(5) Except
as provided under these rules, a holder of petroleum right shall not disclose
or cause to disclose any data to a person who is not legally entitled to obtain
that data.
(6) Any
other person who is permitted to receive the data shall hold the same subject
to the same restrictions as are contained in sub-rule (3).
51.
Power to inspect plants, records and
accounts etc.(1) The
Authority or any authorized officer, may, at any reasonable time, after notice
in writing, enter any place where any activities or business is carried out by
a holder of petroleum right under these rules, for the purpose of auditing or inspection
or examination of inter alia wells,
record, plants, appliances, buildings, or any other works.
(2) A holder of petroleum right, for the
purpose of an audit, or inspection or examination shall
(a) provide
access and all reasonable assistance to the Authority or the authorized officer
to conduct the audit or inspection or examination without any hindrance; and
(b) promptly
provide or make available the certified copies of records as required by the
Authority or the authorized officer to perform inspection under these rules.
52. Annual reports.(1) A holder of a petroleum right shall each year
submit to the Authority annual reports containing the following particulars, namely:
(a) a
financial statement with an abstract of the accounts, prepared in accordance
with accounting principles generally accepted in the petroleum industry and
audited by a recognized firm of chartered accountants approved by the
Authority;
(b) a
description of all exploration, development, production and other work carried
out by the holder during the year relating to the permit or licence or lease
area;
(c) estimates
of in place and recoverable reserves of petroleum at the end of each year
classified on the basis of good international oilfield practices. If so desired
by the Authority , the holder of petroleum rights shall be required to carry
out reserves certification from an independent source as approved by the
Authority; and
(d) estimates
of petroleum production and exports for each quarter of the next year.
(2) The report referred to in clause (a) of
sub-rule (1) shall be submitted within six months and the other reports within
forty-five days after the end of year to which they relate.
53. Monthly reports.Within ten days after the end of each month, each
holder of a petroleum right shall prepare and submit a monthly progress report
to the Authority which shall contain a narrative report of activities with plans
and maps showing the places where work was done. Such report shall also contain;
(a) a
summary of all geological and geo-physical work carried out;
(b) a
summary of all drilling activity and results obtained;
(c) a
list of maps, reports and other geological and geo-physical data prepared or
acquired in connection with the activities; and
(d) a
statement of expenditure incurred by the holder of petroleum right during the
month on a format as may be prescribed by the Authority, from time to time.
54. Daily reports.During drilling of a well, a holder of
petroleum rights shall provide copies of the daily well reports on a prescribed
format to the Authority.
55. Occasional reports.A holder of a petroleum right shall submit to
the Authority the following occasional reports, namely:
(a) within
twenty-four hours, by telex or fax with hand copy delivered within next
twenty-four hours, if a well shows the presence of petroleum in significant
measure or if a drill stem or any other test has been carried out on a well
which produces petroleum;
(b) within
seven days after the report under clause (a), a written report containing
relevant geological information and chemical analysis in the case of a showing
of the presence of petroleum, and in the case of a drill stem or any other test
containing the following additional information, namely;
(i) conditions and results of the drill stem
or any other test, including but not limited to flow rates, flow periods,
tested intervals, pressures, choke sizes, hole condition and stimulation
measure;
(ii) physical analyses; and
(iii) any deductions there from as to the
potential of the reservoir;
(c) within
one month after the completion or abandonment of drilling operations, a
comprehensive well completion report, which shall contain inter alia the lithological groups, stratigraphic boundaries, hydrocarbon
zones, a copy of all well logs and tests and other relevant information
including costs, provided that such information which cannot be obtained within
this period shall be submitted as soon as possible;
(d) at
the latest upon the issue of a commercial discovery notice, a report which
shall substantiate such notice and contains,--
(i) all relevant geological information,
including estimates of recoverable reserves and daily production;
(ii) a general plan for the development of the
deposit, including possible alternatives, with a description of the main
production and transportation installations envisaged, and the relevant cost
estimates; and
(iii) calculations of the profitability estimates
of the discovery;
(e) within
forty-five days after the relinquishment or surrender of any part of the permit
or licence or lease area, such maps, plans, reports, records interpretations,
and data made or obtained by or for the holder of petroleum right relating to
exploration, development, production abandoned, restriction of site and any
other operations in the relinquished, surrendered or retained areas;
(f) report
to the Authority about the particulars of any fresh issues of capital which may
be made by the holder of petroleum rights or its parent company from time to
time and any alteration which may be made in the memorandum and articles of
association or in the constitution of its parent company. Any fresh issues of
capital shall at times be subject to clause (d) of Rule 72; and
(g) such
other plans and information as to the progress and results of the its
operations as the Authority may require from time to time.
56. General.The reports referred to in this Part shall be made in such form and
manner as the Authority may determine.
57. Reports of discovery.(1) No announcement or statement, direct or
indirect, about a discovery of petroleum shall be made except by the Authority
in consultation with a holder of petroleum rights.
(2) No
statement shall be made by or with the consent of a holder of petroleum rights,
claiming or suggesting, whether express or by implication, that any Government
or any person or body acting on behalf of the Federal Government, Provincial
Government and Authority has or have formed or expressed an opinion that the
licence or lease area is likely to contain petroleum.
PART-VI
STANDARD OF OPERATIONS
58. Avoidance of harmful methods of working.(1) A holder of petroleum right shall
undertake execute all operations in a proper, prudent and diligent manner, in
accordance with good international oilfield practices and shall not
unreasonably obstruct or interfere with other activities such as navigation,
fisheries and agriculture. All reasonable precautions shall be taken to prevent
pollution or damage to the environment and surroundings.
(2) Without
prejudice to the generality of the foregoing provision, a holder of petroleum
right shall take all steps including, but not limited to the following, namely:--
(a) prevent
the escape or waste of petroleum discovered in the area;
(b) to
conserve the area for operations;
(c) to
prevent damage to adjoining petroleum bearing strata;
(d) to prevent the entrance of
water through wells to petroleum bearing strata, except when approved by the
Authority for the purposes of secondary recovery; and
(e) to prevent the escape of
petroleum into any waters in or in the vicinity of the said area.
(3) The Federal Government may
establish safety zones around temporary and permanent installations as per good
international oilfield practices.
(4) The Federal Government
may, from time to time, determine and notify the standards applicable to the
operations under these rules.
59. Principles of sound operations.(1) All petroleum operations and activities
shall be conducted diligently and in accordance with good international
oilfield practices. The rate of production from each reservoir shall be the
maximum efficient rate needed to achieve the maximum ultimate economic recovery
of petroleum from various petroleum reservoirs unless otherwise approved by the
Authority.
(2) The
Authority may specify measures at the time of approval of development plan that
a holder of petroleum right shall take to conserve petroleum resource of Pakistan.
These measures shall include, but not limited to, notification of depletion
policy, rate and flow of petroleum from the fields and the measures to achieve
maximum ultimate economic recovery of petroleum from different reservoirs.
(3) A
holder of petroleum right shall not flare or vent any natural gas without the
prior approval of the Federal Government in writing under these rules.
60. Commencement, testing and abandonment of
drilling operations.(1) A
holder of a petroleum right shall not commence drilling, re-entry, testing and
related operations or abandonment of any well without first having obtained the
approval of the Authority in writing and it shall,
(a) as soon as possible make
known to the Authority the proposal for testing a well;
(b) test all potentially
productive horizons indicated by wire-line recording as may be finalized in
consultation with the Authority; and
(c) promptly
undertake the technical evaluation of the well testing results and of all other
relevant data and submit the same as soon as possible to the Authority.
(2) After
the completion of all operations, the well shall be safely plugged and the
drilling operations shall be conducted in accordance with good international
oilfield practices.
61. Shape of relinquished areas.Areas which are relinquished or surrendered
shall be of sufficient size and shape so as to enable petroleum operations to
be carried out therein.
PART-VII
MISCELLANEOUS
62. Use of Pakistani goods and services.(1) In all activities carried out pursuant to
these rules, a holder of petroleum right shall ensure the use of qualified
Pakistani goods and services referred to in sub-rule (2), to the extent that
such goods and services are competitive with regard to price, quality, quantity
and delivery schedule.
(2) Local producers who are qualified under the
relevant Customs General Order (CGO) of supplying goods and services of type
demanded shall be included in invitations to tenders.
63. Employment and training of Pakistani
personnel.(1) A holder of
petroleum right shall give preference to the nationals of Pakistan for employment
in its organization at all levels and in all branches including technical,
financial, commercial, legal and administrative units and to arrange for the
training in Pakistan and abroad, of nationals of Pakistan to fill in the aforesaid
positions. The number of Pakistani personnel to be employed or trained shall be
determined in consultation with the Authority in accordance with the guidelines
that may be issued by the Authority from time to time. The operator and its
contractor shall ensure the employment of unskilled workers amongst the locals
of the area in which the exploration and production activities are in progress
to the extent of at least fifty percent of their total strength of unskilled
workers. The application for grant of a licence or a renewal or extension
thereof and the development plan submitted with the application for grant of
lease shall contain a description of the measures proposed to be taken by the
applicant during exploration, appraisal, development and production phases so
as to ensure compliance with this rule.
(2) The
Federal Government may require that a holder of petroleum rights shall provide
training for Federal Government and Provincial Government personnel in order to
develop the capability of such personnel to efficiently perform their duties
related to the supervision of petroleum industry. Such training shall cover
both technical and management disciplines including geology, geo-physics,
engineering, project management, accounting, commercial, legal and shall also
be in the form of on-the-job training and participation in in-house seminars.
64. Joint exploration and development.(1) If a petroleum deposit extends across
more than one licence or lease area held by different holders of petroleum
right, then such holders shall endeavor to agree to explore and exploit the
deposit jointly in the most efficient manner.
(2) Joint
exploration and development plans or where one of the deposits has already been
developed, a joint unitization plan, together with agreement between them shall
be submitted expeditiously to the Authority for approval.
(3) If
the agreement on joint exploration and development or unitization plan referred
to in sub-rules (1) and (2), is not reached at within reasonable period of
time, the Federal Government may, in the public interest, by notice in writing
to all concerned parties, direct to finalize and submit for approval of the
Authority relevant plan within the period stipulated in the notice. In the
event such plan is not submitted to the Authority within the stipulated period
or such plan has not been approved by the Authority, the Authority may appoint
an independent consultant to prepare such plan at the cost of a holder of petroleum
right. The plan so prepared by the consultant shall be considered and approved
by the Authority with appropriate changes for implementation as per approved
schedule. The Authority may, impose stipulate such additional conditions as may
reasonably be considered appropriate in the interest of such plan.
65. Petroleum exploration within lease area.(1) A holder of a lease shall have
preferential right to perform petroleum exploration activities on all horizons
underlying a lease area granted to it provided that, if the Authority receives
a bonafide offer from a third party to
undertake exploration within such lease area, the lease- holder shall have to
decide whether or not to match such offer within six months of receiving a
notice to this effect from the Authority.
(2) In
case a holder of the lease decides not to undertake exploration pursuant to
sub-rule (1) and a third party is granted petroleum exploration rights over any
or all the horizons underlying the lease area, then such third party and the
existing holder of the lease shall within ninety days enter into an agreement
setting forth the detailed terms and conditions of operating within the lease
area so that the activities can be coordinated in a just and equitable manner.
In case such an agreement is not reached at between the parties within the
specified time or such agreement has not been approved by the Authority, the
Authority may appoint an independent consultant to prepare such an agreement at
the cost of the holders of petroleum right. The plan so prepared by the
consultant shall be considered and approved by the Authority with appropriate
changes for implementation as per approved schedule. The Authority may, impose
such additional conditions as may be reasonably considered appropriate in the
interest of such an agreement.
(3) For
the purpose of petroleum exploration within a lease area, the provisions of Rules
23, 24, 25, 26, 30 and 36 shall mutatis mutandis apply provided that where an
existing lease holder makes a new commercial discovery, the provisions of Rule
30 shall not be applicable and the existing lease shall be amended so as to
bring the discovery area of such commercial discovery under the purview of the
lease. In case any discovery area covered under a lease extends beyond the
geographical limits of the lease area, the Authority may, upon request, allow a
holder of the lease to undertake appraisal of such discovery area beyond the
limits of the lease in an open area and revise the coordinates of the lease
area if justified by the results of the appraisal pursuant to Rule 23.
66.
Exploration and use of facilities by
third party.(1) The Federal
Government may allow a third party to undertake exploration in the area of a
licence or holder of a lease as may be necessary to obtain sufficient knowledge
as to the geological conditions in areas surrounding the area of such holder.
The said exploration activities must not unreasonably interfere with the
activities of such holder. After consultation with concerned parties, the
Federal Government shall determine the manner in which such exploration is to be
carried out including the determination of the type and duration of exploration
in the area.
(2) The
Authority may also decide that production, processing and transportation
facilities owned by a holder of a lease shall be available for utilization by
other parties, if this is deemed to be desirable for the purpose of efficient
operations, or if required in the public interest. Such utilization must not
unreasonably interfere with the activities of the holder of the lease. The user
shall pay compensation for such utilization as may be mutually agreed and
approved by the Authority. If the holder of the lease and the nominated user
fail to reach an agreement on compensation within hundred and eight days or if
the Authority does not approve the agreed compensation, the Authority may
appoint an independent consultant to determine such compensation at the cost of
the concerned parties. The compensation so determined by the consultant will be
considered and approved by the Authority. The Authority may, impose such
additional conditions as may be reasonably considered appropriate in the
interest of such joint utilization plan.
67. General right of holder of the lease to
enter upon land.Subject to
approval of the Federal Government and of any other authority which may be
involved, and on such conditions as may be stipulated, a holder of a lease
shall have the following rights, as required for the purpose of carrying out
operations under the lease, namely :
(a) to
enter upon and use land;
(b) to
appropriate water;
(c) to
store petroleum;
(d) to
erect houses and machinery;
(e) to
search for, dig and get gravel;
(f) to
cut timber and clear undergrowth;
(g) to
enclose with a fence areas for which surface rent is paid; and
(h) to
carry out such other activities which the Federal Government considers
necessary.
68. General rights of the permit-holder or
licence-holder to enter upon land.Subject to approval of the Federal Government and of any other authority
which may be involved, a permit-holder or a licence-holder shall have the same
rights as are stipulated in rule 67, provided that the houses and machinery
referred to in clause (d) thereof shall be temporary.
69. Restrictions on the holder of petroleum
right.(1) The rights granted
to a holder of petroleum right shall not prejudice the exercise of any of the
following powers, namely:
(a) Work on minerals.The Federal Government or Provincial Government,
as the case may be, or any of its authorized persons may, within the area of
the holders of petroleum right search for and produce any minerals or
substances other than petroleum and make and maintain such installations and
facilities as required for the said work provided such operations shall not
disrupt or impair the operations or activities of the holders of the petroleum
rights in the area.
(b) Other activities.The Federal Government or Provincial Government,
as the case may be, or any authorized person may, within the area of the holder
of petroleum right
(i) make and maintain upon, over or through
the said area such reservoirs, pumping stations, generating stations,
waterways, roads, tramways, railways, telegraph and telephone lines, pipelines
or such other installations and facilities as he shall deem necessary or
expedient for any purpose;
(ii) obtain such stone, earth and other
materials as may be necessary or requisite for making, repairing or maintaining
the said installations and facilities;
(iii) draw water from the said area and have free
access thereto; and
(iv) pass and repass at all times over the said
area for all such purposes as occasion shall require.
(c) Grant or demise lands to third parties
subject to holder's rights.Liberty
and power for the Federal Government or Provincial Government, as the case
maybe, to grant or demise to any person all or any part of the said area for
any purpose so that such grant or demise be made subject to the rights of the
holder.
(2) The
powers under this Rule 69 shall be exercised and enjoyed in such manner as not
to unreasonably hinder or interfere with the rights of the holder of petroleum
right. Fair, proper and adequate compensation shall be paid by the Federal
Government or Provincial Government, as the case may be, for all loss, damage
or injury, without including the value of any water, stones, earth or other
materials taken, which the holder of petroleum right may have suffered as a
consequence of the exercise of the said powers under this rule.
70. Power to execute works.If a holder of a petroleum right, at any time,
fails to perform its obligation under these rules or under any agreement with
the Federal Government, the Authority shall be entitled, after giving reasonable
notice in writing of its intention, to execute any works which may be deemed
necessary to secure the performance of the said obligations or any of them and
to recover the costs and expenses of so doing from the holder of petroleum
right.
71. Power to control spill or waste.(1) A holder of petroleum right at all times,
has obligation not to cause spill and waste.
(2) Where
the Authority , on reasonable grounds, is of the opinion that, with respect to
any operation of a holder of petroleum right, spill or waste is required to be
controlled or prevented, may order the holder of petroleum right to control or
prevent spill and waste within a reasonable period of time, failing which the
Authority may cause to take such necessary steps and measures to control or
prevent the spill or waste as may be required and all cost thereof shall be
borne by the holder of petroleum rights.
(3) If
there is any dispute, controversy or claim arising out of or in relation to the
exercise of the powers by the Authority under sub-rule (2), the Authority and a
holder of petroleum right shall make all reasonable efforts to settle such
dispute, controversy or claim within sixty days of the issuance of order by the
Authority under sub-rule (2), failing which such dispute, controversy or claim
shall be referred to an independent consultant who shall be appointed by the
Federal Government at the cost of and with consent of the holder of petroleum
right. The findings of such consultant shall be binding on the Authority and
the holder of petroleum right.
(4) Notwithstanding
anything contained in this rule, the Authority or a holder of petroleum right
may exercise the option of settling the dispute, controversy or claim in
accordance with Rule 77.
72. Power of revocation.In addition to other grounds for revocation
specified in these rules, the Authority may revoke a petroleum right after
serving a thirty days show cause notice if,--
(a) a
holder of petroleum right has contravened any material terms and conditions on
which the petroleum right was granted, under the provisions of these rules or
of any law applicable to the petroleum operations and has not, within a period
of sixty days from the date on which a notice in that behalf was served on it
by the Authority, remedied the default, or where the default cannot be
remedied, has not, within such period offered reasonable compensation in
respect thereof;
(b) the
petroleum right was found granted by reason of giving false information in a
material respect;
(c) a
holder of petroleum right or its parent company makes an arrangement or
composition with its creditors, and a receiver is appointed or the holder of
petroleum rights goes into liquidation whether compulsory or voluntary;
(d) without
the prior consent of the Authority there is a disposition of the share capital
of its or its parent company in consequence of which any person who prior to
that disposition had effective control of or its parent company ceases to have
such effective control; and
(e) a
holder of petroleum rights has failed to make payment (whether part or full)
payable under the rules or the relevant agreement and such payment remains in
arrears or unpaid for two subsequent months from the date on which the payment
was due.
73. Right of Government upon termination of a
petroleum right.(1) When a
permit or licence or lease has expired or has been surrendered wholly or
partly, the area of permit or licence or lease shall, so far as practicable, be
reinstated in its original condition and where this is not practicable, it
shall pay compensation to the Federal Government for damages suffered as a
result thereof.
(2) When
a petroleum right has expired or has been surrendered wholly or partly, or the
use of installations and facilities including related equipment has come to an
end, the Federal Government has the right to takeover the installations and
facilities including related equipments. This also comprises pipeline transportation
and related facilities installed by a holder of petroleum right to secure
shipment of petroleum.
(3) Upon
taking over the installations, facilities and equipment pursuant to sub-rule
(2), a holder of petroleum right shall be required to hand over such
installations, facilities and equipments in such condition as required under
good international oilfield practices. No compensation shall be given for such
takeover. Takeover involves an automatic cancellation of any security for debts
or leasing arrangement related to such installations, facilities and equipments
and title of the same shall be transferred to the Federal Government.
(4) If
the Federal Government does not exercise its right to takeover the
installations, facilities and equipments, the Federal Government may demand that
removal shall be carried out by a holder of the petroleum right at its expense,
in which case sub-rule (1) shall apply.
(5) At
least one year prior to termination, a holder of the lease shall submit to the
Authority a plan for the orderly closing down and abandonment of its
operations, and for the removal of the facilities or their transfer to the
Federal Government, as the case may be.
74.
Indemnity.(1) The holder of a petroleum right shall
effectively indemnify, defend and hold harmless the President, the Federal
Government and the Authority at all times against all proceedings, costs,
charges, claims, losses, damages and demands whatsoever, including, without
limitation, claims for loss or damage to property or injury or death to
persons, caused by or resulting from work conducted by or on behalf of the
holder of petroleum right, by any third party, or anything done or purporting
to be done in pursuance thereof.
(2) The
holder of a petroleum right shall, if required to do so by the Federal
Government, take out and maintain such insurance, as the Federal Government may
approve, against any of its liability under these rules.
(3) No
suit, prosecution or other proceedings shall be initiated against the
President, the Authority, the Federal Government or any of its assigns for anything
done or purported to have been done in good faith under these rules.
75. Miscellaneous obligations.A holder of petroleum right shall have an
organization in Pakistan
with sufficient competence and capacity to conduct all operations and
activities pursuant to these rules and shall,--
(a) immediately after grant of
petroleum right, but before commencing any operations in the relevant area,
furnish to the Authority, the name and address of the manager, resident in
Pakistan, under whose supervision operations are to be carried on in the
permit, licence or lease area; and
(b) in writing, keep the
Authority informed of the names, addresses and nationalities of sub-contractors
employed by it from time to time.
76. Force majeure.(1) Failure on the part of a holder of
petroleum right to fulfil any of the terms and conditions of the petroleum
right shall not give the President, or the Federal Government any claim against
the holder of petroleum right or be deemed a breach of his obligations insofar
as such failure arises from force
majeure.
Explanation.The expression "force majeure" includes an act of God, war, insurrection,
riot, civil commotion, flood, lightening, explosion, fire, earthquake and any
other happening which the holder of petroleum right could not have reasonably
prevented or controlled.
(2) If
the ability to fulfil the terms and conditions is affected by force majeure, a holder of petroleum
rights shall without delay give notice to the Federal Government, stating the
cause of such inability and his efforts to remove such causes and remedy its
consequences.
(3) In
case of force majeure, the duration
of the petroleum right shall be extended for the period of the force majeure situation and for such
further period as is required to resume the operations.
77. Arbitration.Except as otherwise agreed to or expressly
provided for in these rules, any question or dispute regarding the petroleum
right or any matter or thing connected therewith shall be resolved by
arbitration in Pakistan
and in accordance with Pakistani laws.
78. Tight Gas and Low BTU Gas.The provisions of the Tight Gas (Exploration
and Production) Policy, 2011 and the Low BTU Pricing Policy, 2012 shall be
deemed incorporated into these rules, as far as possible, and, in the event of
any conflict with these rules, the relevant policy shall prevail.
79.
Exercise of optional working interest by
GHPL and PHC(1) Along with the
announcement of award of a licence to any company, the Authority shall notify
the identity and share percentage entitlement of the relevant PHC.
(2) Immediately
upon the announcement of the award of a licence by the Authority, every company
shall offer to GHPL and PHC, the option to acquire working interest in the
licence in accordance with the Policy. GHPL and PHC shall exercise this option
by accepting the offer of the company within thirty days of the receipt of the
offer failing which this option shall be deemed to have been waived by GHPL or
PHC as the case may be.
(3) If
a block falls within the territorial jurisdiction of more than one Provincial
Government, the Authority shall, based on the surface area of the particular
block within the territorial jurisdiction of each such Province, determine and
notify the entitlement of the relevant PHC with respect to the optional working
interest.
80.
Repeal and savings.(1) Except as provided in sub-rule (2), the
Pakistan Petroleum (Exploration and Production) Rules, 2009 are hereby
repealed.
(2) Notwithstanding
the repeal of the Pakistan Petroleum (Exploration and Production) Rules, 2009,
but subject to sub-rule (3), where any person holds any permit, licence or
lease granted or renewed under the said rules, the provisions of the said rules
shall continue to apply to such permit, licence or lease, as if the said rules
have not been repealed.
(3) Notwithstanding
any provision to the contrary, Rule 35 shall also apply to petroleum rights as
granted or renewed under, and defined in the Pakistan Petroleum (Exploration
and Production) Rules, 1986 and Pakistan Petroleum (Exploration and Production)
Rules, 2001.
THE FIRST SCHEDULE
(See Rule 6)
APPLICATION FOR A RECONNAISSANCE PERMIT OR
EXPLORATION LICENCE OR WHERE APPLICABLE, DEVELOPMENT AND PRODUCTION LEASE
|
1. Name
of the applicant in full exactly as appearing in the certificate of
incorporation:
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2. Nature
of business and incorporation of the applicant:
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(a) Place of incorporation:
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(b) Juridical status of the applicant at the
place of incorporation:
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(c) If incorporated outside Pakistan, whether the applicant has valid permission
to operate as a branch of a foreign company in Pakistan:
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(d) Nature of the applicant's business:
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(e) Principal place of the applicant's
business:
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(f) If principal place of business is outside
Pakistan, name and address
of duly authorized agent in Pakistan:
|
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(g) If the applicant is a local company, name
and address of duly authorized representative:
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3. Details
of principal shareholders and the directors:
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a.
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Name of Principal
shareholder(s):
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Shareholding(%)
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__________________
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__________________
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__________________
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__________________
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Names(s)
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Nationality
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Residential Address
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b.
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Directors:
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__________________
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__________________
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__________________
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__________________
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__________________
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__________________
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4. Authorized,
subscribed and paid up capital of the applicant: __________
5. Economic
and financial data for the applicant (Year-wise for the last five years):
a. Total
investment in petroleum activities breaks up as follows:
(i) exploration;
(ii) production;
(iii) transportation systems;
(iv) refining and processing; and
(v) marketing.
b. The
total turnover of the group as well as the turnover with regard to petroleum
activities.
c. Net
income after taxes.
d. Total
value of assets.
e. Profitability
indicators, including the following;
(i) earnings per share.
(ii) return on common equity
(iii) return on total capital employed
(iv) liquidity position
(v) debt to equity ratio
f. Trading
profit and loss forecasts for the next five years (including projected balance
sheets and cash flow statements and any assumptions made in preparing the
forecasts), and if appropriate, how any deficit will be met.
6. If
applicant intends to apply as an operator, he shall provide the following,
namely:
a. Applicant structure: Details of
management structure showing clear lines of responsibility and processes for
upstream operations providing all details of operations staff to be based in Pakistan.
Details of the role of sub-contractors in the applicant's decision making
process.
b. Health, safety and environmental
management (HSE): Details of
health, safety and environmental management systems implemented and used by the
applicant.
c. Management system: Details of how company will manage in practice
an exploration, development or production operation, clearly describing the
division of responsibility between the applicant's own staff and
sub-contractors, if the latter are to be employed.
d. Worldwide operating experience: Details of all operating experience overseas
to demonstrate a track record of effective exploration and field management.
e. Field management resources: Details of the technical resources available
to the prospective operator. The company's own capacity to analyse the
potential of a field. Details of capability and experience in relation to
enhanced recovery operations.
f. Training policy: Details of any formal training standards
that the applicant has adopted including how the company will establish such
standards with sub-contractors. Particular reference should be made to the
company's record of training its indigenous staff.
g. Reserves and economics calculation: Details of the methodology adopted by the
company for reserve estimation and field economics.
h. Additional information: Any additional information that the company
considers relevant to the application.
7. Details
of technical capacity of the applicant:
a. Number
of professional employed at the time of filing of the application:
|
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Total
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Likely to be deployed for Pakistan
operations
|
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Geologist with a minimum of 5 years
experience
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Geophysicist with a minimum of 5 years
experience
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Petroleum Engineers/ Petro-physicist with a
minimum of 8 years experience
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HSE professionals employed with a minimum
of 5 years experience
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b. Proven oil and gas
reserves booked as per standards set under good international oilfield
practices as of the end of the last accounting year:
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Onshore
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Offshore
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Oil
(million barrels)
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Gas
(billion cubic feet)
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Total
(million barrel of oil equivalent) (MMBOE)
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c. Production of oil and gas
(Year-wise for the last five years ending at the last accounting year:
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Onshore
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Offshore
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Oil
(barrels per day)
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|
|
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Gas
(million cubic feet per
day) (MMCFD)
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|
|
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Total
(barrel of oil equivalent per day) (BOE)
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|
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d. Refining and sale of oil
and gas worldwide as of the end of the last accounting year:
|
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Sale
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Refining
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|
Oil
(barrels per day)
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|
|
|
Gas
(million cubic feet per
day)
|
|
|
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Total
(barrel of oil equivalent per day)(BOE)
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|
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e. Wells drilled (Year-wise
for the last five years ending at the last accounting year):
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Exploration
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Appraisal
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Development
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Onshore
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Offshore
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Onshore
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Offshore
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Onshore
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Offshore
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20--
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Operator
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Non-operator
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20--
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Operator
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|
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Non-operator
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|
|
|
|
|
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20--
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Operator
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|
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|
|
|
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Non-operator
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|
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20--
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Operator
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|
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Non-operator
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|
|
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20--
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Operator
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|
|
|
|
|
|
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Non-operator
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|
|
|
|
|
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Total
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Operator
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|
|
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Non-operator
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(f) Number of geologist to be
deployed for Pakistan
operations;
8. Operational
experience of the applicant:
a. Name
of the countries in which holding operatorship at present (details separately
for onshore and offshore):
_______________________________________________
b. Years
since acting as the operator (separately for onshore and offshore):
_______________________________________________
c. Same
details as required under (a) and (b) above for worldwide non-operated
interests:
_______________________________________________
9. State
amount of capital available for investment in Pakistan:
a. at
present available
b. which
applicant can make available when petroleum right is awarded
c. Indicate
the source of funding in respect of clauses (a) and (b)
d. the
applicant must provide documentary evidence alongwith application to
substantiate the above information to the satisfaction of the Authority.
10. We
hereby swear that we are not incapable of contracting with the Federal
Government, Government Holdings (Private) Limited (GHPL) and/or [name of
Provincial Holding Company, if any].
11. We
hereby declare that;--
(a) there is no pending
litigation, legal process or other circumstances that might cause us to breach
our obligations;
(b) all
particulars contained herein are correct.
12. Furthermore,
we hereby declare that we will abstain from all political activities whatsoever
affecting the sovereignty or security of Pakistan or such as may be
tantamount to interference in its internal affairs and that especially we will
eschew all espionage.
Signature(s)
of the authorized
representative of the applicant
Date ______________ Title
______________
Exhibit-I
Particulars to be furnished by applicant for
an exploration licence / petroleum concession agreement
1. Information concerning the areas (blocks).
(a) Details
of areas (blocks) applied for.
(b) If the applicant applies
for more than one area (block) the priority assigned to the different areas
(blocks) must be given.
(c) The applicant must state
the percentage working interest applied for in the different areas (blocks).
(d) The applicant must state
if he applies for operatorship on any or all of the areas (blocks) applied for.
(e) Information
given in clauses (a) to (d) and paragraph 2 shall be summarized in a separate
form.
(f) The
application must comprise information about the geological and geo-physical
material and parameters upon which the application is based, accompanied by
structural maps.
(g) The
application shall, in a separate enclosure, comprise a geological study of the
area in a regional geological context. Further, the said enclosure shall
contain an evaluation of the prospectivity of the different geological
provinces in the area and how knowledge about prospectivity in one geological
province may depend upon information from another geological province.
(h) Information
about the techniques used for the evaluation of the prospects from a geological
and geo-physical point of view must be included.
2. Proposed work programme, economic
terms, etc,--
The applicant shall indicate his proposed
terms regarding,
(a) the
work programme, expressed where applicable in Work Units, for each of the area
(blocks) applied for, including the size of seismic grid, number of exploration
wells (wildcats) with indications of depths and geological horizons to be
penetrated in each exploration well, and the minimum expenditure amount to be allocated
to and spent on exploration activities;
(b) information
as to the applicant's intentions and plans regarding transfer of technology and
training, development and integration of the Government officials and Pakistani
nationals in general.
THE SECOND SCHEDULE
(see Rule 17)
Part II
[See Rules 2(xx) and 17]
Standard Form of Reconnaissance Permit
The President of Pakistan (hereinafter
referred to as "the President") hereby grants under and in accordance
with the provisions of the Pakistan Onshore Petroleum (Exploration and
Production) Rules, 2013 and on the terms and conditions set forth or referred
to therein, and ________________ (hereinafter referred to as "the Permit
Holder(s)") hereby accepts a Reconnaissance Permit on the terms and
conditions aforesaid and on further terms and conditions set forth herein as
follows:
(1) This
Permit gives the Permit Holder(s) the non-exclusive right to perform activities
in connection with reconnaissance and exploration for petroleum in the
following areas:
|
Permit Area No.
|
Coordinate
|
Km2
|
|
______________
|
______________
|
______________
|
(2) The
Permit is valid for a period of ___________________
(3) The
Permit Holder(s) shall undertake a work programme which shall be fully
completed by ____________. The contents of the work programme and the time
table for its completion are as follows:
(a) the
Permit Holder(s) shall undertake to obtain seismic coverage of adequate
quality, covering the permit area with a grid of at least
.X
. km. The
survey shall be completed no later than _____ after the issue of this Permit.
(b) In
areas where structures are expected to continue into neighbouring areas
(blocks), the Authority, may require certain specifications for the survey.
(4) The
laws of Pakistan
shall govern all activities pursuant to this Permit.
In witness whereof the President has set his
hand and seal and the Permit Holder(s) has caused its Common seal to be affixed
hereon this _____ day of _________.
Part III
[See Rules 2(xviii) and 18]
Standard
Form of Exploration Licence
The President of Pakistan (hereinafter
referred to as "the President") hereby grants under and in accordance
with the provisions of the Pakistan Onshore Petroleum (Exploration and
Production) Rules, 2013, and on the terms and conditions set forth or referred
to therein, and ______________ (hereinafter referred to as "the
Licensee") hereby accepts an exploration licence, on the terms and
conditions aforesaid and on further terms and conditions set forth herein as
follows:
(1) This
licence is granted to the following companies, with working interest as stated
herein:
Name(s) of Licensee(s)
______________________
______________________
(2) This
licence gives the Licensee(s) the exclusive right to perform activities in
connection with the exploration for and exploitation of petroleum in the
following areas:
|
Licence Area No.
|
Coordinate
|
Km2
|
|
______________
|
______________
|
______________
|
|
______________
|
______________
|
______________
|
|
______________
|
______________
|
______________
|
(3) The licence is valid for a
period of _______. The Licensee(s) shall be entitled to renewal of the licence,
as follows:
__________.
(4) The
Licensee(s) shall undertake a work programme which shall be fully completed by
___________. The contents of the work programme and the timetable for its
completion are as follows:
(a) The Licensee(s) shall undertake to obtain
seismic coverage of adequate quality, covering the licence area with a grid of
at least X km. The survey shall be completed no
later than ___________ after the issue of this licence. In areas where
structures are expected to continue into neighbouring areas (blocks), the
Authority, may require certain specifications for the survey.
(b) The Licensee(s) shall drill _____________
wildcat wells in the licence area as follows:
_________________________________________
(c) The Licensee(s) shall undertake such
coring and other tests and registrations as the Authority, may regard as
necessary in order to estimate possible petroleum finds. Special care shall be
given to coring in all prospective intervals. The sampling shall lead to
exhaustive analysis and interpretations.
(d) If the Licensee(s) should fail to complete
the above mentioned work programme within the time limits specified, he shall
pay liquidated damages to the Federal Government, as follows:
(5) The licensee(s) shall, not
later than thirty days after this licence has been granted enter into a
Concession Agreement including Joint Operating Agreement with the Federal
Government. Any subsequent amendment, supplement, or exception from the Concession
Agreement requires the Federal Government's prior written approval.
(6) The laws of Pakistan
shall govern all activities pursuant to this licence.
In witness whereof the President has set his
hand and seal and the Licensee(s) has set his hand and caused his common seal
to be affixed hereon this __________ day of ________.
Part
III
[See Rules 2(xviii) and 30(1)]
Part III Standard Form of Development and
Production Lease
The President of Pakistan (hereinafter
referred to as "the President") hereby grants under and in accordance
with the provisions of the Pakistan Onshore Petroleum (Exploration and
Production) Rules, 2013, and on the terms and conditions set forth or referred
to therein, and ______________ (hereinafter referred to as "the
Licensee") hereby accepts an exploration licence, on the terms and
conditions aforesaid and on further terms and conditions set forth herein as
follows:
(1) This licence is granted to
the following companies, with working interest as stated herein:
Name(s)
of Licensee(s)
______________________
______________________
(2) This
licence gives the Licensee(s) the exclusive right to perform activities in
connection with the exploration for and exploitation of petroleum in the
following areas:
|
Licence Area No.
|
Coordinate
|
Km2
|
|
______________
|
______________
|
______________
|
|
______________
|
______________
|
______________
|
|
______________
|
______________
|
______________
|
(3) The licence is valid for a
period of _______. The Licensee(s) shall be entitled to renewal of the licence,
as follows: __________.
(4) The
lessee(s) shall develop the petroleum deposits in the lease area with due
diligence in accordance with the development plan, dated _________ subject to
such modifications thereto as the Authority may approve.
(5) When
the deposits have been developed, petroleum shall be produced in accordance
with a production profile approved from time to time by the Authority.
(6) The
laws of Pakistan
shall govern all activities pursuant to this licence.
In witness whereof the President has set his
hand and seal and the Licensee(s) has set his hand and caused his common seal
to be affixed hereon this __________ day of ________.
Annexure I see on Gazette of Pakistan,
Extraordinary, Part-II, dated 14th June, 2013 at page 1751.
-----------------------
NOTIFICATION
SPECIAL PROSECUTORS (TERMS AND CONDITIONS) RULES, 2013
[Gazette of Pakistan, Extraordinary, Part-II, 12th
July, 2013]
S.R.O.
660 (I)/2013, dated 10.7.2013.In
exercise of the power conferred by Section 77 of the Control of Narcotic
Substances Act, 1997 (XXV of 1997), the Federal Government is pleased to make
the following rules, namely:
1. Short title and commencement.(1) These rules may be called the Special
Prosecutors (Terms and Conditions) Rules, 2013.
(2) They shall come into force at one.
2. Definitions.In these rules, unless there is anything
repugnant in the subject or context
(a) "Act" means the
Control of Narcotics Substances Act, 1997 (XXV of 1977);
(b) "Authorized
Officer" means the Director General, Anti Narcotics Force law officer of
Anti-Narcotics Force or an officer of the Division concerned duly authorized,
as the case may be;
(c) "Law officer"
means an officer of the Anti-Narcotics Force authorized by the Director General
to deal with Court cases for prosecution under the Act; and
(d) "Special
Prosecutor" means a Special Prosecutor appointed under Section 50 of the
Act on the terms and conditions specified in these rules.
3. Appointment of Special Prosecutor.(1) The Special Prosecutor shall be a person
who is a citizen of Pakistan and practicing as an advocate of a High Court with
experience in legal matters preferably of dealing with drug cases and criminal
cases, and shall neither have been guilty of misconduct during his professional
career nor convicted of any offence of moral turpitude nor dismissed from
Government service nor declared as an insolvent.
(2) The Special Prosecutor may be appointed by the
Director General, Anti Narcotics Force in consultation with Law and Justice
Division on such monthly retainership fee as may be agreed upon through an
agreement executed between the Special Prosecutor and the authorized officer in
this behalf.
4. Terms of appointment.(1) The Special Prosecutor shall conduct
proceedings under the Act in narcotics cases on behalf of the Federal
Government before special Courts and appellate Courts and shall not appear in
any narcotics case in defence of an accused.
(2) Where
a Special Prosecutor commits any act or omission against interest of the
Government or intentionally does not pursue a case assigned to him, his
appointment may be terminated on two months prior notice by Director General, Anti
Narcotics Force.
(3) A
Special Prosecutor may, by writing under his hand, with either a notice of at
least two months in advance to the Director General, Anti Narcotics Force of
forfeiting his retainership fee for the period falling short of the notice period,
terminate the agreement.
(4) Where
a Special Prosecutor is appointed in a particular case, he shall be paid fifty
per cent of the fee in advance and the remaining amount shall be paid on
completion of the trial by the Court including the appellate Court as mutually agreed.
(5) Where
a Special Prosecutor is required to attend a case outside the station of his
employment, he shall be entitled to traveling allowance in addition to his
retainership fee as per entitlement of an officer of Basic Pay Scale 20 for his
journey on official tour or as agreed otherwise.
(6) The
Special Prosecutor shall attend regularly assigned cases in the Courts and
intimate progress of each case to the concerned officer or law officer and
shall be available to them at an appointed day, time and venue for any
discussion or advice.
(7) The
Special Prosecutor shall give advice to the law officers as may be required by
them on legal matters including drafting of appeals and preparation of parawise
comments on appeals filed in any Court under the Act by or against the Federal
Government.
5. Repeal.The Special Prosecutor (Terms and Condition) Rules, 2001 and the Special
Prosecutor (Terms and Condition) Rules, 2012 are hereby repealed.
---------------------------
NOTIFICATION
FEDERAL LEVIES FORCE (AMENDED) SERVICE RULES, 2013
[Gazette of Pakistan, Extraordinary, Part-II, 18th
June, 2013]
S.R.O.
580 (I)/2013, dated 8.4.2013.In
exercise of the powers conferred by Section 10 of the Federal Levies Force
Regulation, 2012 the Federal Government is pleased to make the following rules,
namely;-
1. Short title and commencement.(1) These rules may be called Federal Levies
Force (Amended) Service Rules, 2013.
(2) They shall come into force at once.
2. Definitions.(1) In these Rules, unless the context
otherwise require, the following expressions shall have the meanings hereby
respectively assigned to them, namely:
(a) "Appointing
Authority" means the appointing authority specified in Rule 4;
(b) "Commandant"
means Commandant of the Force, who shall be Political Agent of the Agency or,
as the case may be, Deputy Commissioner for FRs in their respective jurisdiction;
(c) "Director-General"
means an officer appointed as such by the Federal Government, to exercise such
powers and functions as may be prescribed;
(d) "Director"
means an officer appointed as such by the FATA Secretariat who shall have
practical experience of civil administration in tribal areas and who shall
exercise such powers and functions as may be prescribed;
(e) "Deputy
Commandant (Operations)" means an Assistant Political Agent of a
Sub-Division or an Agency or FR or any officer of the District designated as
such officer by the Provincial Government, who shall be Deputy Commandant
(Operations) of the Force in their respective jurisdiction to exercise such
powers and functions as may be prescribed; and
(f) "Deputy
Commandant (Administration)" means an officer of Federal or Provincial
civil service or any officer of the District designated as such officer by the
Provincial Government in their respective jurisdiction to exercise such powers
and functions as may be prescribed and who shall be responsible to the Commandant
for administrative and establishment matters of the Force;
(g) "FR"
means Frontier Regions;
(h) "Government"
means the Federal Government;
(i) "initial
recruitment" means appointment made other than by promotion or by transfer
from other services;
(j) "Schedule"
means the Schedule appended to these rules;
(k) "Selection
or Promotion Committee" means a Committee for recruitment or as the case
may be, promotion of Force personnel as notified by the Government;
(l) "service"
means the Levies Service;
(2) The
expression used but not defined herein shall have the same meanings as are
assigned to them under the Federal Levies Force Regulation, 2012.
3. Composition and eligibility of the
Force.(1) The Force shall comprise
of the posts specified in Schedule-I and such other posts as may be determined
by the Government from time to time.
(2) Recruitment to the Force shall be made in
accordance with the requirement specified in Schedule-I. The following
conditions shall also be fulfilled, namely:
(a) A
candidate for appointment shall be a citizen of Pakistan and bona-fide resident of the respective district, agency or Frontier Region,
as the case may be;
(b) The
candidate shall be in good mental and bodily health and free from physical defect,
which likely to interfere in the efficient discharge of his duties;
(c) Medical
Superintendent of the respective District
Headquarter Hospital
or Agency Headquarters Hospital
shall issue a certificate of medical fitness of the candidate;
(d) Recruitment
to all ranks of the Force shall be made from amongst those persons having a
minimum height 5'-7" and chest measurement of 34"-35 1/2" with
an age of not less than eighteen years and not more than twenty-five years on
the last date of submission of application;
(e) No
person (except those who are already in Government Service) shall be appointed
to the Force unless he produces a certificate of character from the Principal
or Academic Officer of the academic institution last attended and also a
certificate of character from two gazetted officers from respective districts
not being his relative and who are well acquainted with his character; and
(f) No
person who is married to a foreign national shall be eligible for appointment
in the Force, unless allowed by the Government, in writing.
4. Appointing authority.(1) Commandant shall be the appointing authority
for initial recruitment or promotion of the Force personnel.
(2) Appointment
to the post shall be made in accordance with the provision contained in
Schedule-I read with Rule-3 of these rules.
(3) Appointment
either through initial recruitment or by promotion shall be made through duly
constituted Selection/Promotion Committees:
Provided that in case of raising of force in
a new District, the Commandant shall have the authority to recruit
ex-servicemen above the rank, of Sepoy on contract basis for a period of one
year extendable for a further period of one year but not exceeding three years
in total, with prior approval of the Federal Government;
It is further provided that the ex-servicemen
so appointed on contract shall not be more than forty five years of age.
5. Probation.(1) Persons appointed to posts by initial
recruitment, promotion or transfer shall remain on probation for a period of
one year extendable by a further period of one year. If no order is issued on
the expiry of the first year of probation period, the period of probation shall
be deemed to have been extended for further one year. If no order is issued on
the completion of extended period, the probation shall be deemed to have been
terminated.
6. Training.(1) All newly recruited personnel of the
Force, shall undergo six months pre-service training before being assigned
duties of the rank for which they are selected. Initially, the Appointing
Authority shall arrange for appropriate training till a proper Levies Training
Centre is established.
(2) The pre-service training mentioned in sub-rule
(1) may contain training on basic laws, investigation techniques, mob control,
basic intelligence, arrest and detention procedure, jail duties, drill, weapons
training, field craft, bomb disposal, counter assault, traffic control, raids,
watch & ward etc. Proper training syllabus and modules shall be developed
through mutual consultation with local law enforcing agencies by the
Commandant.
7. Resignation.No member of the Force shall resign before
the expiry of the first three months of his recruitment or he shall deposit an
amount equal to his three months pay in lieu of his three months essential
service.
8. Seniority and promotion.(1) Promotion shall be strictly on seniority
cum fitness basis as well as on the required length of service as specified in
Schedule-I.
(2) The service of personnel by initial
recruitment, promotion or transfer may be dispensed with or reverted if, in the
opinion of the Competent Authority, his work and conduct is not satisfactory
during probation period or due to abolishment of posts, as the case may be:
Provided that in case of dispensing with
their service or reversion, the concerned authority shall record cogent reasons
for such action in writing.
(3) The seniority list of the Force shall be
maintained at Agency/FR/District level. Commandant shall be responsible for
maintaining the seniority list of the force and shall notify annually.
9. Transfer during service.Every member of the Force shall be liable to
serve anywhere in their respective District, Agency or Frontier Region. An
officer of the force may be transferred to any other District, Agency or Frontier
Region in the public interest.
10. Punishment.After satisfying himself regarding punishable
act (as referred to in Schedule-II) through a charge duly framed in writing
necessary punishment specified in Schedule-III shall be awarded by the
respective authority:
Provided that punishment so awarded shall be
duly incorporated in service roll/dossier accordingly.
11. Appeal.If any personnel for the Force is aggrieved by any order issued under
these rules, within thirty days of communication to him of such order, may
prefer an appeal to the competent authority:
Provided that no appeal shall be lie against
the punishments specified at S. No. (1) and (2) of Schedule-III.
12. Awards and commendations.(1) Force personnel may be given special
award and commendation certificate for devotion to duty, demonstration of
gallantry and such achievement in the performance of duty, in the manners as prescribed
by the Commandant, and Shall be made part of the service rolls/service dossier.
(2) Force personnel, if embraces martyrdom in the
discharge of his duty, will be given proper Guard of Honour at the time of
burial.
13. Service Record.Proper service rolls/service dossiers of all
Force Personnel shall be maintained in Levy Office of each District or Agency
or Frontier Region. Annual Reports of all Havaldars and Junior Commissioned Officers
(JCOs) will also be maintained for the purpose of promotion.
14. Uniform.The levy personal shall attire black shalwar qamees with brown chappli,
white socks, black barretee cap and
black belt whereas the JCOs will wear brown belt during duty hours.
15. Leave.(1) Leave may be granted depending on the exigencies and at the
discretion of the Commandant. All leave of ten days or above, will be considered
as long leave and shall be granted on the recommendations of Subedar Major by
the Commandant.
(2) Casual
leave may be allowed upto three days by the Subedar Major. Casual leave upto
nine days may be granted by the Deputy Commandant (to be notified by the
Commandant) on the recommendation of the concerned JCO.
(3) Medical
leave shall be granted by the Commandant on the production of medical
certificate from the Medical Superintended concerned.
16. Salary.The Force personnel shall be entitled to receive pay and allowances as
per their pay scales notified by the Federal Government from time to time.
17. Retirement.All levy personnel shall retire as per
Schedule-IV and no extension in service beyond retirement shall be granted.
18. Conduct.The conduct of Force personnel shall be regulated by these rules or
instructions issued by Federal Government from time to time.
19.
Gratuity and pension.All Force personnel will be entitled to
pension as per prevailing Federal Government rules.
20. Compensation.(1) The family of Force personnel shall be granted
death compensation in case the Force Personnel embraces martyrdom during
discharge of his duty as per rates prescribed by the Federal Government.
(2) Force
personnel shall be granted compensation in case of sustaining fatal injury or
injuries during the discharge of his duty. If he is declared incapacitated for
further service due to such fatality, he shall be entitled to gratuity and
pension as per Federal Government Rules.
(3) 5%
quota shall be reserved for sons and wards of martyred in initial recruitment
of Force personnel:
Provided that in case of permanently
incapacitated personnel of the force during the course of duty, preference
shall be given to the sons and wards of such incapacitated force personnel in
general recruitment.
21. Funds.(1) Force personnel shall be governed by the provision of general
provident funds, benevolent funds and group insurance as prescribed for other
employees of the Federal Government.
(2) A
special welfare funds for Force personnel shall be created by the Government at
Federal level with monthly contribution from all Fore personnel at the rate as
prescribed by the Commandant, which shall be utilized for the general welfare
of Force personnel and their families.
22. Health care.Medical facilities for the Force personnel
and their families shall be catered for at Government hospitals and
dispensaries at par with other employees of the Federal Government.
23. Monitoring and evaluation.(1) Commandant or Deputy Commandant of the Force shall
set up suitable number of levy posts in the respective jurisdiction and shall
assign suitable number of Force personnel at each of such levy post. In case of
establishment of Levies Station within their jurisdiction shall require prior
approval of the Federal Government.
(2) There shall be levy line in
each District, Agency or Frontier Region which shall have all necessary
facilities including parade ground, barracks, quarter guards, koth/armory etc.
(3) Duty register showing the
duties assigned to each individual on day to day basis shall be maintained in
each levy post/Levy Station/Levy Lines by a Muharrir.
(4) Naib Subedar shall be
responsible for carrying out the work assigned to Force personnel whose duties
shall be entered in advance with written entry in the duty register.
(5) Registers including
roznamchas as prescribed by the Commandant shall be maintained in every
post/Station/Lines.
(6) Commandant, Deputy
Commandant or any other officer of the District Administration shall in the
course of their tours in their jurisdiction, may inspect levy duty register and
roznamchas of Levy Posts/Stations and satisfy themselves that Force Personnel
are carrying out their assigned duties. A note regarding absence from the post
or from the place of duty of any Force personnel without leave shall invariably
be recorded by inspecting officers in the duty register. Such entry shall be
communicated to the Commandant and Deputy Commandant (Operation) by in-charge
of the Post/Station within twenty four hours for appropriate action.
24. Anomalies.An Anomaly Committee duly
constituted/notified shall be set up in the States & Frontier Regions
Division and remove such anomalies from time to time referred to the competent
authority.
25. Repeal.Any rules, orders or instructions enforce in respect of the Federal
Levies Force, immediately before the commencement of these rules shall stand
repealed in so far as those rules, orders or instructions are inconsistent with
the rules.
--------------------
SCHEDULE-I
see Rule 4(2)
A. Uniformed Force
|
S.
No.
|
Post/Rank
|
Eligibility
for promotion
|
Promotion
Quota
|
Direct
Quota
|
Qualification
|
|
1.
|
Subedar Major
(BS-16)
|
Three years service
as Subedar
|
100%
|
--
|
--
|
|
2.
|
Subedar (BS-13)
|
Three years service
as Naib Subedar
|
100%
|
--
|
--
|
|
3.
|
Naib Subedar (BS-11)
|
Three years service
as Havaldar
|
100%
|
--
|
--
|
|
4.
|
Havaldar (BS-8)
|
Three years service
as Naik
|
100%
|
--
|
--
|
|
5.
|
Naik (BS-7)
|
Three years service
as Lance Naik
|
100%
|
--
|
--
|
|
6.
|
L/Natk (BS-6)
|
Three years service
as Sepoy
|
100%
|
--
|
--
|
|
7.
|
Sepoy (BS-5)
|
--
|
--
|
100%
|
Middle pass
preferably Matric
|
|
8.
|
Head Armourer BPS-5
|
5 years service as
Assistant Armourer
|
100%
|
--
|
Middle pass
preferably Matric with Certificate of Armourer
|
|
9.
|
Assistant Armmourer
BPS-1
|
--
|
--
|
100%
|
Middle pass
preferably Matric with Certificate of Armourer
|
B. Ministerial Staff
|
S.
No.
|
Post/Rank
|
Eligibility
for promotion
|
Promotion
Quota
|
Direct
Quota
|
Qualification
|
|
10.
|
Assistant (BS-14)
|
KPO/Computer
Operator/Senior Clerk/Junior Clerk (i) Minimum five years service as
KPO/Computer (ii) Five years service as Senior Clerk (iii) Seven years service
as Junior Clerk
|
50%
|
50%
|
B.A. or equivalent
for direct recruitment and by promotion seniority-Cum-fitness from amongst
KPO/ Computer Operator/ Senior Clerk/Junior clerk on the basis of their date
of entry in to service
|
|
11.
|
KPO/Computer
Operator (BPS-12)
|
--
|
--
|
100%
|
Intermediate with
one year diploma in IT from a recognized institute
|
|
12.
|
Senior Clerk (BS-9)
|
Five years service
as Junior Clerk
|
100%
|
--
|
F.A. or
equivalent(Preferably know Typing/ Computer)
|
|
13.
|
Junior Clerk (BS-7)
|
--
|
10%
from lower staff with Matric
|
90%
|
Matric with a typing
speed of 30 w.p.m./ preferably Computer literate
|
|
14
|
Behishti (BS-5)
|
--
|
--
|
100%
|
Literate.
|
|
15.
|
Driver (BS-5)
|
--
|
--
|
100%
|
Driving License/ Driving
Experience
|
|
16.
|
Pesh Imam (BS-2)
|
--
|
--
|
100%
|
Moulvi Fazil
|
|
17.
|
Tracker (BS-2)
|
5 years service in
BS-1
|
10%
|
90%
|
Primary Pass
|
|
18.
|
Naib Qasid (02)
|
--
|
--
|
100%
|
--
|
|
19.
|
Sweeper (BS-2)
|
--
|
--
|
100%
|
Literate
|
SCHEDULE-II
(see Rule 10)
Grounds of Penalty
The concerned authority may impose one or
more penalties where a personnel of the Force, in the opinion of the authority,
(a) is
inefficient or has ceased to be efficient;
(b) is
guilty of misconduct, like unauthorized absence from duty, breach of order,
disobedience, unruly behavior, passing on official secrets to unauthorized
persons, etc;
(c) is
corrupt, or may reasonably be considered as corrupt;
(d) is
guilty of any violation of duty;
(e) losses, misplaces or
causes harm to a weapon through insubordinate or lack of maintenance;
(f) is insubordinate to his
superiors;
(g) is convicted of a criminal
offense;
(h) is guilty of cowardice, or
abandons any piquet, fortress, post or guard which is committed to his charge
or which is his duty to defend;
(i) is engaged in propagation
of sectarian, parochial, anti-state views and controversies;
(j) is engaged or is
reasonably suspected of being engaged to excite, cause or conspire to cause or
joins in any mutiny, or being present at any mutiny and does not use his utmost
endeavor to suppress it;
(k) attempt collective
bargaining, conspiring or attempting to call off duty or take procession to
press for the demands, or is guilty of omission and commission under the law
and rules;
(l) is guilty of omission and
commission under the law and rules;
(m) deserts the service;
(n) Being a sentry, sleeps
upon his post or quits it without being regularly relieved or without leave; or
(o) Without authority, leave
his commanding officer, or his post or party, to go in search of plunder; or
(p) Quits his guard, piquet,
party or patrol without being regularly relieved or without leave; or
(q) User criminal force to, or
commits an assault on, any person brining provisions or other necessaries to
camp of quarters, for plunder, or plunders, destroys, or damages any property
of any kind; or
(r) Internally causes or
spreads of false alarm or rumor during action or in post, camp, lines, or
quarters.
SCHEDULE-III
(see Rules 10)
Punishment and Competent Authority
|
S.
No.
|
Punishment
|
Subedar
Major & Subedar
|
Naib
Subedar or Havuldar
|
Naik
or Lance Naik
|
Sepoy
|
|
1.
|
Extra Drill not
exceeding fifteen days fatigue or other duties
|
--
|
--
|
Subedar
|
Naib
Subedar
|
|
2.
|
Confinement to
quarter guard upto fifteen days
|
Commandant
|
Deputy
Commandant
|
Deputy
Commandant
|
Subedar
Major
|
|
3.
|
Censure
|
-do-
|
-do-
|
-do-
|
-do-
|
|
4.
|
Forfeiture of
approved service upto two years
|
-do-
|
Commandant
|
Commandant
|
Commandant
|
|
5.
|
Stoppage of
increment not exceeding one month's pay
|
-do-
|
-do-
|
-do-
|
-do-
|
|
6.
|
Fine to any amount
not exceeding one month's pay
|
-do-
|
-do-
|
do-
|
-do-
|
|
7.
|
Withholding of
promotion for one year or less
|
-do-
|
-do-
|
-do-
|
-do-
|
|
8.
|
Reduction from
substantive rank to a low rank or reduction in pay
|
-do-
|
-do-
|
-do-
|
-do-
|
|
9.
|
Dismissal or removal
from service or compulsory retirement
|
-do-
|
-do-
|
-do-
|
-do-
|
SCHEDULE-IV
(SEE Rules 17)
|
S.
No.
|
Post/Rank
|
Length of
service/age
|
|
1.
|
Subedar Major
(BS-16)
|
38 years service or
03 years service as Subedar Major or 60 years of age whichever is earlier
|
|
2.
|
Subedar (BS-13)
|
35 years service or
03 years service as Subedar or 57 years of age whichever is earlier
|
|
3.
|
Naib Subedar (BS-11)
|
32 years service or
03 years service as Naib Subedar or 54 years of age whichever is earlier
|
|
4.
|
Havaldar (BS-8)
|
29 years service or
03 years service as Havaldar or 51 years of age whichever is earlier
|
|
5.
|
Naik(BS-7)
|
26 years service or
03 years service as Naik or 48 years of age whichever is earlier
|
|
6.
|
L/Naik (BS-6)
|
23 years service or
03 years service as L/Naik or 45 years of age whichever is earlier
|
|
7.
|
Sepoy (BS-5)
|
20 years service or
42 years age whichever is earlier
|
------------------------
NOTIFICATION
PAKISTAN STANDARDS
AND QUALITY CONTROL AUTHORITY (RECRUITMENT) RULES, 2013
[Gazette of Pakistan, Extraordinary, Part-II, 18th
June, 2013]
S.R.O.
579 (I)/2013, dated 15.5.2013.In
exercise of the powers conferred by Section 26 of the Pakistan Standards and
Quality Control Authority Act, 1996 (VI of 1996), the Federal Government is
pleased to make the following rules, namely:
1. Short title and commencement.(1) These rules may be called the Pakistan
Standards and Quality Control Authority (Recruitment) Rules, 2013.
(2) They shall come into force at once.
2. Definitions.(1) In these rules, unless, there is anything
repugnant in the subject or context,
(a) "appointing
authority" means authority competent to make appointment to a post in the
Authority;
(b) "appointment
by promotion" means appointment by promotion made on regular basis to a
post by appointing authority on recommendation of appropriate promotion and selection
committee and does not include initial appointment and appointment by transfer;
(c) "appointment
by transfer" means appointment by transfer made on regular basis to a post
by appointing authority on recommendation of appropriate promotion and
selection committee and does not include initial appointment and appointment by
promotion;
(d) "initial
appointment" means initial appointment made on regular basis to a post,
through an open advertisement, by appointing authority on recommendation of
appropriate promotion and selection committee and does not include appointment
by promotion and appointment by transfer;
(e) "post"
means a post, in any of Basic Pay Scales (BPS) 1 to 22, specified in column (2)
of the schedule and sanctioned with its budgetary allocation in the Authority;
(f) "promotion
and selection committee " or "committee" means a committee
constituted under these rules to recommend to the appointing authority persons
or employees of the Authority for initial appointment or appointment by promotion
or appointment by transfer, as the case may be, after conducting tests and
interviews, if any;
(g) "regular"
in relation to appointment, means appointment made to the post, by appointing
authority on recommendation of appropriate promotion and selection committee,
by--
(i) initial appointment from amongst persons
of the same Province or region to which the post is allocated; or
(ii) promotion from amongst employees of the
Authority, eligible for such promotion, and against the post falling in the
quota reserved for promotion; or
(iii) transfer, from amongst persons of the
Federal Government, a Provincial Government or an organization, body or
authority under their administrative control or employees of the Authority,
eligible for such appointment, and against the post reserved for appointment by
transfer; and
(h) "schedule"
means the schedule to these rules.
(2) Words
and expressions used but not defined herein shall have the same meaning as
assigned to them in the Pakistan Standards and Quality Control Authority Act,
1996 (VI of 1996) and the Civil Servants Act, 1993 (LXXI of 1973).
3.
Appointing Authorities.(appointment,
promotion, seniority and transfer)
|
(a)
|
Posts in BPS-1 to BPS-5
|
Director of the Concerned components of
PSQCA
|
|
(b)
|
Posts in BPS-6 to BPS-16
|
Director General, PSQCA
|
|
(c)
|
Posts in BPS-17 to BPS-19
|
Secretary, Ministry of Science and
Technology
|
|
(d)
|
Posts in BPS-20
|
Minister Incharge, MoST
|
|
(e)
|
Posts in BPS-21
|
The Prime Minister of Pakistan
|
(i) Terms and Conditions of Service.Terms & conditions of service of an
employee of the Authority shall be laid down in these Regulations or in the
rules of subsidiary or the instructions which might be issued from time to
time, with the approval of the Authority.
(ii) Appointment against sanctioned posts.All appointments in the Authority shall be
made against sanctioned posts.
(iii) Employment to be whole time.Unless otherwise provided, the whole time of an employee shall be at
the disposal of the Authority and the may be employed in the manner as required
by the competent authority without claim for additional remuneration.
(iv) Appointment by Contract on Special Pay Scale.Appointment by contract shall be made in
accordance with the Federal Government instructions issued vide O.M No.
6/2/2000-R.3, dated 6th May
2000 as amended from time to time.
(v) Appointment of Employees Children.5% quota will be reserved for appointment of
PSQCA employees children in BPS-1 to BPS-15.
4. Methods of appointment.(1) Appointment to the posts shall be made by
initial appointment, promotion or transfer as per Selection Boards/ Promotion
Committees.
|
(a)
|
Head of the Authority & Head of the
concerned component center of the Authority would be competent authority for
the selection and promotion for BPS -2 to BPS-7.
|
|
(b)
|
Composition of "Selection and
Promotion Committee" for BPS-8 to BPS-16:
|
|
|
1.
|
Deputy Director General (Finance), PSQCA
|
Chairman
|
|
2.
|
Section Officer, MoST
|
Member
|
|
|
3.
|
Director of the concerned center, PSQCA
|
Member
|
|
4
|
Secretary of the Authority
|
Member/ Secretary
|
|
|
In absence of D.D.G.(F), the Secretary,
PSQCA will act as Chairman of the Departmental Selection/ Promotion
Committee.
|
|
(c)
|
Composition of "Departmental Selection
and Promotion Committee" for BPS-17 to BPS-18:
|
|
|
1.
|
Director Genera, PSQCA
|
Chairman
|
|
2.
|
Section Officer, MoST
|
Member
|
|
|
3.
|
Deputy Director General (Finance), PSQCA
|
Member
|
|
4
|
Director of the concerned center, PSQCA
|
Member
|
|
|
5.
|
Secretary of the concerned center, PSQCA
|
Member
|
|
(d)
|
Composition of "Departmental Selection
and Promotion Committee" for BPS-19:
|
|
1.
|
Director General, PSQCA
|
Chairman
|
|
2.
|
Deputy Secretary, MOST
|
Member
|
|
3.
|
Secretary of the Authority
|
Member/ Secretary
|
|
(e)
|
The appointment to posts BPS-20 to BPS -21
shall be made as per procedure circulated by Establishment Division vide O.M
No. 6/4/96-R.3 dated 13-06-2002
and amended from time to time.
|
(2) Appointment
to the posts shall be made in accordance with per cent share allocated to
promotion and initial appointment as respectively specified against the posts
in corresponding columns (3) and (4) of the schedule.
(3) For
the purpose of maintaining accurate share of posts allocated to promotion and
initial appointment, there shall be maintained a roaster showing complete
account of vacancies in various posts.
(4) In
case of a tie, while calculating share in allocating a vacancy in a post to
promotion and initial appointment, preference shall be given to promotion by
debiting its account with the points in excess of the quota and crediting
account of initial appointment with the deficient points.
Illustration.When a vacancy in the post of Director
General (BPS-21) is proposed to be allocated either to promotion or initial
appointment respectively in its share of 50% : 50% and prior to this allocation
both the accounts thereof have zero balance, share after application of the
said quota against each account comes to 0.50 denoting half post which is
impracticable, in such a case, the existing vacancy shall be allocated first to
promotion debiting its account by 0.50 points giving its balance as -0.50 and
crediting account of initial appointment by 0.50 points giving its balance as +
0.50.
5. Conditions for appointment by promotion.(1) A person specified in column (5) of the
schedule who fulfils the conditions specified in corresponding column (6)
thereof shall be eligible for promotion to the post specified in corresponding
column (2) thereof.
(2) Promotion to the posts in BPS -1 to 19 shall
be made on the basis of seniority-cum-fitness and in all other cases on the
basis of seniority-cum-selection.
(4) Where a person has rendered
service in BPS -16 and below, one-half of his service in BPS -16 and one-fourth
of his service in BPS -15 and below shall be counted as service BPS -17
exclusively for the purpose of his promotion or, as the case may be initial
appointment in the Authority.
(5) Where no person is found
eligible for promotion to a vacant post, reserved for promotion and the
appointing authority considers it expedient to fill it, such post may be filled
by initial appointment and failing that by transfer:
6. Conditions for initial appointment.(1) A person who possesses
minimum qualification specified in column (7) of the schedule, having minimum
experience specified in corresponding column (8) thereof and is within maximum
age-limit specified in corresponding column (9) thereof shall be eligible for
consideration for initial appointment to a post specified in corresponding
column (2) thereof.
(2) Where no person is found
eligible for initial appointment to a vacant post, reserved therefore and the
appointing authority considers it expedient to fill it, such post may be filled
by promotion and failing that by transfer.
7. Conditions for appointment by transfer.(1) Where it is expedient to fill a vacant
post by transfer, it may be filled from amongst persons, holding an equivalent
post in the Federal Government, a Provincial Government or any organization,
body or authority under their administrative control, who possesses the
qualification and experience prescribed in the schedule for initial appointment
to the vacant post.
(2) Appointment
by transfer to a post shall be made, from amongst a panel of at least three
persons, by the appointing authority on recommendation of the appropriate
promotion and selection committee.
Schedules see on Gazette of Pakistan, Extraordinary, Part-II,
18th June, 2013 at page 1761-1774.
---------------------
