Vol. XLIII 2015
(P.L.J.)
-----------------
Federal Statutes
-----------------
AMENDMENTS
CODE OF
CIVIL PROCEDURE, 1908
[Gazette of
S.R.O. 579(I)/2014, dated 18.6.2014.--In exercise of the powers conferred
under Section 122 of the Code of Civil Procedure, 1908 and all other enabling
powers in this behalf, the Islamabad High Court, Islamabad hereby makes the
following amendments in Order VII Rule 21 & Order VIII Rule 12 of the Code
of Civil Procedure, 1908.
AMENDMENTS
1. In
Order VII Rule 21 of Code of Civil Procedure, 1908 after the word "Service," and before the word "he" the
following phrase/words shall be added;
"the Court may direct him to file such address and if he
fails to do so after giving him opportunity,"
2. In
Order VIII Rule 12 of Code of Civil Procedure, 1908 after the word
"rule", and before the word "he" the following phrase/words
shall be added.
"the Court may direct him to file such address and if he
fails to do so after giving him opportunity to file the address"
----------------------
RULES, 2014
RULES, 2014
[Gazette of
S.R.O. 310(I)/2014, dated 10.4.2014.--In exercise of the powers conferred
by virtue of Section 43 of the Motor Vehicle Ordinance, 1965(The West Pakistan
Ordinance XIX of 1965) read with Justice Division's Notification No. F.
17(2)/80-Pub., dated 31-12-1980 issued in pursuance of Article 2 of Islamabad
Capital Territory (Administration) Order 1980 (P.O.No.18 of 1980) and all other
powers enabling him in this behalf, the Chief Commissioner, Islamabad Capital
Territory, is pleased to make the following rules:--
1. Short title and commencement.--(1) These rules may be called "
(II) They shall come into force at once.
2.
Definition.--(1)
In these rules, unless the context otherwise requires, the following expression
shall have the meaning respectively assigned to them, that is to say,
(a) "Director General" means the
Director General Excise & Taxation, ICT Islamabad.
(b) "Director" means the Director
Excise & Taxation, ICT Islamabad.
(d) "MRA" means the Motor
Registering Authority/ Excise & Taxation Officer, ICT Islamabad.
(e) "Form"
means a form appended to these rules.
(f) "Motor Vehicle" means a motor
vehicle defined in the Ordinance.
(g) "Officer" means the Officer
of Excise & Taxation Department not below the rank of the Assistant Excise
& Taxation Officer/Excise Inspector authorized by the Director.
(h) "Ordinance" means the Motor
Vehicles Ordinance, 1965.
(2)
The words and expressions used in these
rules, but not defined shall have the same meanings as assigned to them in the
Ordinance.
3.
Possession.--Any
motor vehicle the registration certificate of which has been cancelled under Section
35 of the Ordinance, or a motor vehicle detained under Section 115 of the
Ordinance, or a motor vehicle the keeper of which fails to produce any valid
documents in support of his claim of ownership or possession over the vehicle
to the satisfaction of the Excise & Taxation Officer, shall be taken into
possession by the Officer.
4.
Establishment of Warehouse.--Government
shall establish a warehouse at Islamabad Capital Territory, to be known as
Excise Warehouse and shall for safe custody of vehicles seized under the
Ordinance, keep all such vehicles in the said warehouse.
5.
Procedure after taking possession.--The Officer soon after taking
possession of the vehicle under rule 3 shall prepare inventory in Form
"A" in quadruplicate. One copy of the receipt shall be given to the
person from whom the vehicle is taken into possession while the second copy,
alongwith the vehicle, shall immediately be sent to the officer incharge of the
warehouse for safe parking of the vehicle. The third copy shall forthwith be
sent to the MRA, alongwith a brief report, who shall inform the Director,
Excise & Taxation accordingly. The forth copy of the receipt shall be kept
by the officer for his own record.
(2) On receipt of Form "A" and the
vehicle the officer incharge of the warehouse shall enter form "A"
and other particulars of the vehicle in a separate register to be maintained by
him in Form "B" and shall be responsible for the safe custody of the
vehicle till its disposal in accordance with these rules:
Provided
that the officer incharge of the Warehouse after recovery of the vehicle under
sub-rule (2), shall send the vehicle to the Forensic Science Laboratory for
chemical examination of its chassis number and the notice to this effect may
also be given to the owner or possessor of the vehicle as per Form
"A" and the expenses whereof to be born by the Excise & Taxation
Department.
(3) The MRA on receipt of the report under rule
(1), shall issue notice to the owner or keeper through
registered post with acknowledgment due, asking him to appear before him within
two weeks and establish that he is bona
fide owner/possessor of the vehicle.
(4) In case the owner or keeper appears and
advances him claim regarding the ownership for the vehicle seized, the MRA
shall finalize his claim and decide the case within two weeks time after
hearing both the sides. If for some unavoidable reason the proceedings cannot
be finalized within two weeks time, the case shall be referred to the Director,
Excise & Taxation for extension of time, who may grant extension for a
period not more than thirty days.
(5) If the owner or possessor establishes that he
is rightful owner or possessor of the vehicle, the MRA shall, under his seal,
direct the officer incharge of the warehouse to deliver the vehicle to him
under intimation to the officer who seized the vehicle.
6. Proclamation.--In case the owner of keeper of the
vehicle fails to respond to the notice given to him under sub-rule (3) of Rule
5, or fails to establish his bona fide
ownership with regard to the vehicle, the MRA shall issue a proclamation
specifying the full particulars of the vehicle and require any person who may
have any claim what so ever, thereto, to appear before him for establishing his
claim within two weeks time from the date of issue of such a proclamation. The
proclamation shall be made in accordance with the procedure as specified by the
Director General, under intimation to the Government.
7.
Confiscation.--If
no claim is received pursuant to the proclamation made under rule 6, or if
received and the claimant is unable to prove his bona fide ownership to the vehicle, the MRA
shall record his order for confiscation of vehicle and confiscate the same in
favour of Government and subject to rule 8, dispose of the vehicle by way of
sale in an open auction through an auction committee to be constituted by the
Government. The sale proceeds thereof shall, after clearance of the dues of the
Custom Department, if any, in the form of custom duty, sale tax. etc., be paid
into Government Treasury:
Provided
that the confiscated vehicle in which no other number is deciphered on its
chassis sheet is refitted and welded, will not be put to sale by way of
auction. Such vehicles can be retained in the Excise & Taxation Department
for performance of official duties or allotment to other Departments of the
Government for official duty, by the Director General, after fulfilling all the
codal formalities.
8.
Appeals.--(1)
Any body aggrieved from the order of the MRA may prefer an appeal to the
Director, within 30 days of the order appealed against and the order passed by
the. Director shall, subject to sub-rule (2) be final:
Provided
that no order on the appeal shall be passed without giving both the sides an
opportunity of being heard.
(2)
Director General, may, on its own accord
or on a revision petition filed with it by any claimant within 60 days of the
orders of the Director, call for the record of the case and may pass such
orders as its deems fit.
The Form A + B ,
see the Gazette of
------------------------
RULES, 2014
SECURITIES AND EXCHANGE
COMMISSION (MICROINSURANCE) RULE, 2014
[Gazette of
S.R.O.
116(I)/2014, dated 19.2.2014.--In
exercise of the powers conferred by Section 83 read with Section 167 of the
Insurance Ordinance, 2000 (XXXIX of 2000) and clause (u) of sub-section (4) of Section
20 of the Securities and Exchange Commission of Pakistan Act, 1997 (XLII of
1997) and having been previously published in the official gazette as required
by sub-section (2) of Section 39 of said Act XLII of 1997, the Securities and
Exchange Commission of Pakistan, with the approval of the Policy Board, hereby
makes the following rules, namely:--
1.
Short title and Commencement.--(1) These rules shall be called the
Securities and Exchange Commission (Microinsurance) Rules, 2014.
(2) These shall come into force at once.
2.
Definitions.--(1) In these rules, unless the
context requires otherwise;
(i) "alternative dispute
resolution" means procedure for settling disputes by a process other than
litigation, through the use of a forum in which parties can resolve their own
disputes, with the help of a neutral third party such as by arbitration or
mediation.
(ii) "branchless banking" means
conduct of financial service activities as outlined in the context of these
rules by financial institutions authorized as branchless banking operators by
the State Bank of Pakistan for conducting such activities under the relevant
laws.
(iii) "branchless
banking agent" means agent providing financial services to the customers
under a valid agency agreement as a part of branchless banking.
(iv) "Commission" means the Securities
and Exchange Commission of
(v) "family"
means the spouse, dependent parents, minor brother(s), unmarried or widow or
divorced sister(s), minor or dependent son(s) upto the age of 21 years and
unmarried or widow or divorced daughter(s). Provided further
that an insurer may, keeping within the aforesaid parameters laid down for the
composition of the family, define "family" as per the requirement of
the individual or group.
(vi) file and use
procedure" means that unless Commission instructs the insurer to desist
from launching the product, or to alter certain product features, the insurer
can proceed to launch the product.
(vii) "group" means a collection of
people formed primarily for a reason other than to provide insurance to its
members or customers and shall include, but not limited to, all types of
organizations such as body corporates, government entities, labor unions,
professional
and trade associations and affinity groups, to whom, under a master policy,
insurance services are provided and such that the organization is deemed as the
policy holder.
(viii) "life microinsurance" means business
of insurance as defined in Class 1 and 4 under Section 4(1) of the Ordinance
and as may be prescribed by the Commission, subject to meeting the criteria as
defined in Schedule-I.
(ix) "low-income person" means a
person whose monthly income is less than the minimum taxable income as
prescribed by the Government of Pakistan or as may be prescribed by the
Commission for the purpose of these rules.
(x) "microinsurance"
means insurance products and services for low income persons that meet their
needs for risk protection and relief against distress, misfortune or contingent
event for modest and defined benefit levels.
(xi) "microinsurance
agent" means an individual or a body corporate subject to the requirements
as laid down in Section 96 of the Ordinance.
(xii) "microinsurance
policy" means a contract of microinsurance;
(xiii) "microinsurance policyholder" means
the person to whom a microinsurance policy is issued or, in the case of a
policy of life microinsurance, the person to whom the whole of the interest of
the policyholder in the policy is assigned once and for all, but does not
include an assignee thereof whose interest in the policy is defeasible or is
for the time being subject to any condition.
(xiv) "non-life microinsurance" means
business of insurance as defined in Class 1,7, 8 and 9 under Section 4(3) of
the Ordinance and as may be prescribed by the Commission, subject to meeting
the criteria as defined in Schedule-I.
(xv) "Ordinance"
means the Insurance Ordinance, 2000;
(xvi) "over the counter" means
microinsurance policies sold through a process where prospective policyholders
can purchase microinsurance policies directly from the insurer or
microinsurance agents or their specified persons by completing basic
formalities, such that the prospective policyholders are informed beforehand
and knows what exactly he or she needs for necessary documents and premium
payment.
(xvii) "Rules" means
the Securities and Exchange Commission (Microinsurance) Rules, 2013.
(xviii) "SEC Rules" means
the Securities and Exchange Commission (Insurance) Rules, 2002.
(xix) "specified person" means either an
employee of the microinsurance agent or an employee of the insurer who is
responsible for soliciting and procuring microinsurance business for the
insurer under the agency agreement between the insurer and microinsurance
agent.
(xx) "third party
administrator" means a body corporate which performs agreed administrative
functions for the Insurer.
(2) In these Rules, the word
"microinsurance" may be used interchangeably with the word
"microtakaful", "life microinsurance" with "family
microtakaful", "non-life microinsurance" with "general
microtakaful", "premium" with "contribution" and
"insurer" with "operator".
(3) All words and expressions used in these Rules
and not defined here shall have the same meaning as assigned to them in the
Insurance Ordinance, 2000, the Securities and Exchange Commission of
3. Applicability, contract and disclosure Requirements.--(1) These Rules shall be applicable
only to those products which have been submitted under Rule 4 by the insurer as
microinsurance products and subsequently approved by the Commission as
microinsurance products. However, the onus strictly lies on the insurer to
ensure that a product which satisfies the definition of microinsurance shall be
disclosed and submitted to the Commission with the request for approval as a
microinsurance product and
such product in no way shall be approved by the Commission as a
non-microinsurance product or shall not be offered by the insurer
to the policyholders who do not satisfy the definition of microinsurance.
(2)
In order to form a valid microinsurance contract, it shall be required
to record an explicit offer and acceptance, by the policyholder and insurer,
through a reliable medium as approved by the Commission.
(3)
A microinsurance policy shall clearly state the benefits and terms of
coverage. The insurer providing microinsurance shall ensure that the contract provisions
in the microinsurance policy can easily be understood by the insured and are
printed in legible form and font, at least in simple Urdu language.
(4)
A microinsurance policy shall contain least key facts as provided in Schedule-II.
(5)
Every microinsurance product, including the policy document and marketing
material shall prominently carry the caption "Microinsurance Product".
4. Product Features and Submission.--(1) Every insurer shall be subject
to the file and use procedure with respect to filing of microinsurance products
or as may be prescribed by the Commission.
(2) The insurer shall submit to the Commission
the details of microinsurance products, along with summary description of
claims process, at least thirty (30) days prior to the intended launch date of
such microinsurance product. The filing details under this sub-rule shall at
least include the product specification, policy document, product brochure or
marketing material, distribution channel agreement and details of the sales
process to be followed for such microinsurance product.
(3) Such file and use procedure shall apply to
all microinsurance products which have not already been approved by the
Commission or to such microinsurance products already approved by the
Commission but where any significant revisions in policy terms, conditions,
premium or benefit levels have been made to such existing microinsurance
product by the insurer.
(4) For life microinsurance, when filing with the
Commission, the insurer shall be required to submit, as much as applicable, the
details as per the requirements laid down in Section 6(8) of the Ordinance,
with the exception of the requirement as laid down in Section 6(8) (b) of the
Ordinance, in addition to the summary description of claims process to be
followed for such microinsurance product.
(5) For non-life microinsurance, when filing with
the Commission, the insurer shall be required to submit the microinsurance
product details and summary description of claims process, in addition to the
requirements as may be prescribed by the Commission.
(6) Every insurer shall also submit to the
Commission a copy of any written, electronic or other material proposed to be
issued by the insurer for mass communication or for communication with the
microinsurance policyholder or prospective microinsurance policyholder, in
respect of the marketing of microinsurance products to be offered by such
insurer.
5. Intermediation.--(1) In addition to an insurance
agent or insurance broker licensed under the Ordinance, microinsurance products
may be distributed through a microinsurance agent.
(2)
A microinsurance agent shall be appointed by an insurer in the same
manner as required under the Section 95(2) of the Ordinance.
(3) The microinsurance agent shall be required to
perform one or more of the following functions, as specified in the agency
agreement, namely--
(a) collection of
proposal forms;
(b) collection of self-declaration form from the proposer that
he/she is in good health;
(c) collection and
remittance of premium;
(d) distribution of
microinsurance policy documents;
(e) maintenance
of register of all those insured and their dependents covered under the
microinsurance policy, together with details of name, gender, age, address,
nominees and thumb impression/signature of the microinsurance policyholder;
(f) assistance in
the settlement of claims;
(g) ensuring
nomination to be made by the insured;
(h) the selling, marketing and delivery of microinsurance on
behalf of an insurer under an agreement; and
(i) any other service as may be specified by the Commission.
(4) The microinsurance agent or the specified
persons of the microinsurance agent, shall undergo a training program of a
duration not less than twenty (20) hours to be conducted by the respective
insurer or any organization as may be approved by the Commission, with a
thorough focus on consumer protection as outlined in Schedule-III of these
rules. This training program shall follow the broad outline as to be prescribed
by the Commission.
(5)
In case of the provision of microinsurance through over the counter means,
such as the branchless banking agents of the branchless banking operators,
acting as microinsurance agents, or any other applicable channel, the person
attending such over the counter channel shall undergo a training program of a
duration not less than four (4) hours to be conducted by the respective over the
counter channel operator or any organization as may be approved by the Commission,
with a thorough focus on consumer protection as outlined in Schedule-III of
these rules. This training program shall follow the broad outline as to be
prescribed by the Commission.
(6)
The insurer shall be required to report the details of its microinsurance
agents to the Commission as part of its annual returns by including a statement
of the insurance premium written through the microinsurance agent, subdivided
by classes of microinsurance business, along with a statement of commission, by
whatever name called, received or receivable by the microinsurance agent,
subdivided by classes of microinsurance business.
(7)
A microinsurance agent may be paid remuneration for all the functions
rendered as outlined in the agency agreement, by an insurer, and the same shall
commensurate within the limits as to be prescribed by the Commission from time
to time.
(8)
Where the agreement between the microinsurance agent and insurer is
terminated for any reason whatsoever, no remuneration which is to be incurred
in future, shall be payable.
(9)
Any of the functions as specified in sub-rule
(3) above may be performed by a third party administrator at the sole
discretion of the insurer. The insurer shall enter into an agreement with the
third party administrator which specifies the functions required to be
performed and the remuneration payable to the third party administrator.
6. Registration and Licensing.--(1) Microinsurance, by whatsoever name
called, shall only be undertaken by the entities having certificate of registration
in accordance with Section 6 of the Ordinance and duly authorized by the
Commission to carry out such activities.
(2) All entities providing microinsurance, by
whatever name called, as defined in these rules, that are not authorized shall
be required to acquire authorization from the Commission to act as an insurer
to provide microinsurance or become a microinsurance agent under an agency
agreement with a licensed insurer within six months of notification of these
rules. In case any entity fails to take necessary authorization or license as
the case may be, action shall be taken against such entity in accordance with
provisions of the Ordinance read with Securities and Exchange of Pakistan Act,
1997.
7. Claim Handling and Process.--(1) The documentation required by an
insurer for issuance of the microinsurance policy and settlement of claims shall
be kept minimal by the insurer or as may be prescribed by the Commission.
(2)
All insurers shall process and settle microinsurance claims within a maximum
period of thirty (30) days upon the receipt of all required documents as stated
in the microinsurance policy document.
(3)
The insurers and microinsurance agents shall implement and strictly
follow the claims procedures and claims documentation requirements as specified
in the respective microinsurance policy document.
8. Complaints and Grievance Handling.--(1) All microinsurance related
complaints should be handled in the first place by the insurer and the insurer
shall ensure that the complaints shall be acted upon within 5 working days from
filing of a complaint along with completion of all documentation requirements
and a resolution shall be made within 25 working days from such time.
(2) Notwithstanding anything against the sub-rule
(1), if the complaint is not resolved at the level of the insurer, the complaint
may be referred by the insured to an alternative dispute resolution service
approved by the Commission from time to time.
(3)
Notwithstanding anything against the sub-rule (2), if the complaint is
not resolved at the level of the alternative dispute resolution service, the complaint
may be referred by the insured to the Insurance Ombudsman. The complaint may
also be referred by the insured to the Small Disputes Resolution Committee
subject to the provisions of Section 117 of the Ordinance.
(4)
Every insurer undertaking the microinsurance business shall establish an
internal dispute resolution mechanism for client complaints and grievances
handling, which shall facilitate the microinsurance policyholders for speedy
resolution of complaints.
(5)
The Commission, where deem appropriate, may direct the insurer and the
microinsurance agents for any change in their complaints and grievance handling
mechanism.
9.
Code of Conduct and Consumer Protection.--(1) The insurer shall strictly
follow the code of consumer protection as prescribed by the Commission in
Schedule-III of these rules. Such code of consumer protection shall be written
at least in a simple Urdu language in the microinsurance policy document and
communicated directly to the insured by the microinsurance agent or their
specified person in a manner as approved by the Commission as part of the
approval process under Rule 4.
(2)
The microinsurance agents and their
specified persons shall strictly follow the code of conduct as prescribed by
the Commission in Schedule-IV of these rules. It shall be the responsibility of
the insurer to ensure that microinsurance agent and its specified persons are
abiding by the prescribed code of conduct.
10.
Prudential rules.--(1)
For life insurers the annual financial condition report shall specifically
consider the implications of the microinsurance business on the financial
soundness of the insurer as required under Section 50 of the Ordinance.
11.
Regulatory reporting and Information Sharing.--(1) For each insurer conducting
microinsurance business, it will be required to provide regulatory returns
under current reporting requirements but with microinsurance identified as a
distinct category of the respective class of business. The insurer conducting
microinsurance business shall submit the regulatory returns to the Commission,
as prescribed in Schedule-V in addition to any existing reporting requirements
under the Ordinance.
(2)
The Commission where deem appropriate
may share any information related to microinsurance among the microinsurance
providers or general public through the means it deems appropriate.
(3)
Every year on or before the 30th day of
April the insurer shall submit post-profiling assessment of the microinsurance
product as filed earlier under the file and use procedure in a manner as may be
prescribed by the Commission.
12. Offences and Penalties.--(1) Whoever, contravenes Rules shall
be punishable in accordance with the provisions of Ordinance and Securities and
Exchange Commission of Pakistan Act, 1997.
SCHEDULE I
[See Rule 2 (vii) & (xiii)]
Definition of Microinsurance
1. Life Microinsurance.--(1) Life microinsurance shall not
have the sum insured exceeding:
(a) For single life microinsurance, 25 times
of the minimum monthly wage prescribed by the Federal Government;
(b) For joint life microinsurance, 40 times of
the minimum monthly wage prescribed by the Federal Government;
(c) For personal accident microinsurance, 25
times of the minimum monthly wage prescribed by the Federal Government;
(2) Health
microinsurance offered by life insurers shall not have the sum insured
exceeding:
(a) For individual health microinsurance, 5
times of the minimum monthly wage prescribed by the Federal Government;
(b) For family health microinsurance, 15 times
of the minimum monthly wage prescribed by the Federal Government;
(3) The
provisions (1) and (2) above shall satisfy the definition of "low-income
person" as specified in the definitions.
2.
Non-Life Microinsurance.--(1)
Non-life microinsurance shall not have the sum insured exceeding:
(a) For tools, belongings, implements,
hutments and other assets microinsurance, 12 times of the minimum monthly wage prescribed
by the Federal Government;
(b) For livestock microinsurance, 40 times of
the minimum monthly wage prescribed by the Federal Government;
(c) For crop microinsurance, 40 times of the
minimum monthly prescribed by the Federal Government;
(d) For personal accident microinsurance, 25
times of the minimum monthly wage prescribed by the Federal Government;
(2)
Health microinsurance offered by non-life insurers shall not have the
sum insured exceeding:--
(a) For individual health microinsurance, 5
times of the minimum monthly wage prescribed by the Federal Government;
(b) For
family health microinsurance, 15 times of the minimum monthly wage prescribed
by the Federal Government;
(3) The provisions (1) and (2) above shall
satisfy the definition of "low-income person" as specified in the
definitions.
SCHEDULE II
[See Rule 3(2)]
Key Features of a Microinsurance
policy
The
following features shall be applicable to life and non-life microinsurance
policies--
(a) Coverage:
A microinsurance policy shall cover the insured severally or jointly with the
insured's family and/or the insured's assets;
(b) Period
of cover: The term of the microinsurance policy shall state the period of
cover, to be determined by the insurer depending on the type of coverage;
(c) Terms
and conditions: A microinsurance policy shall clearly state the sum insured,
benefits and terms of insurance coverage. The manner and frequency of premium
collections shall, if possible, coincide with the cash flow of the insured and
may be collected daily, weekly, monthly, quarterly, semi-annually, and annually
whichever is applicable.
(d) Effectivity:
Except in case where a microinsurance policy is issued to a group, a
microinsurance policy shall become effective immediately if either the
microinsurance policy has been issued by the insurer or seven (07) working days
have passed from the date when the first premium has been paid in full by the
microinsurance policyholder, whichever is the earliest.
(e) Claims
procedures: A microinsurance policy shall clearly state when, where and how can
a microinsurance policyholder make a claim, the documents required to make such
claim, the claims process and expected turnaround time for settlement of the
claim.
(f) Dispute resolution: A microinsurance
policy shall clearly state when, where and how can a microinsurance
policyholder make complaint. This should state the contact details of both the insurer as well as the alternative dispute
resolution mechanism and the insurance ombudsman.
(g) Waiting periods: maximum of 6 months for
death or disability due to natural causes for policyholders not exceeding the
age of 65 years. No waiting period shall be allowed for accidental death or accidental
disability.
(h) Grace period: Except health microinsurance
and policies where premium is paid on a frequency other than annual basis, a 30
days grace period is allowed for such microinsurance policies. If there is a
claim made during such grace period, the outstanding premium shall be deducted
from such claim amount.
(i) Exclusions: All exclusions shall be
clearly stated in the microinsurance policy document. Except in case where a
microinsurance policy is not issued to a group, no exclusions shall be allowed
for pre-existing conditions unless insurer can clearly justify otherwise to the
Commission.
(j) Deductibles: No deductibles shall be
allowed in microinsurance policies unless insurer can clearly justify otherwise
to the Commission.
(k) Renewals: For microinsurance policies
where premium is paid on a frequency of annual basis, the insurer shall send
notices to the microinsurance policyholder at least 45 calendar days prior to
expiration of the contract. Such notice shall include in clear terms whether
the contract may or may not be renewed and any changes to be made thereon, if
renewed.
(m) Premium payment: The microinsurance policy
shall clearly state the amount of premiums to be paid with respect to the
policy, where and how to pay such premium and the consequences if premiums are
not paid.
SCHEDULE III
[See Rule 9(1)]
Code of Consumer Protection
This code of consumer protection
shall be directly applicable to all insurers transacting the business of
microinsurance. However, the insurers shall also ensure that their
microinsurance agents and their specified persons fully understand and comply
with this code.
1.
Transparency.--(1) The insurer shall provide to
microinsurance policyholders with complete, accurate and understandable
information regarding the microinsurance products offered to such
policyholders. The wording, language and format of disclosures should be in a
form that microinsurance policyholders with limited financial experience or
literacy can comprehend. To adhere to this core value, the insurer shall ensure
that:--
(a) any disclosure
made to the microinsurance policyholder is written at least in Urdu language,
avoiding any technical and legal terminology, to the maximum extent possible.
(b) key facts about
the microinsurance policy are disclosed to the microinsurance policyholders
before or at the time of inception of the microinsurance policy contract such
as:--
(i) what it does and does not provide cover for such exclusions;
(ii) term of the
microinsurance policy;
(iii) the premium amount due and premium payment frequency;
(iv) when and how a claim can be made under the microinsurance
policy;
(v) what is the sum insured of such microinsurance policy which
can be claimed;
(vi) renewal conditions of the microinsurance policy, if any.
(c) the
microinsurance policyholder is informed about the name of the insurer, written
clearly in the microinsurance policy document and any other key facts
documents.
(d) the microinsurance
policyholder is informed about the claims process, claim documents required and
recourse mechanisms.
(e) the
microinsurance policyholder is informed about their responsibilities towards
the insurer as clients, such as timely payment of premium and otherwise.
(f) the
microinsurance policyholder is informed about the obligations of insurers,
microinsurance agents and others as may be relevant.
2.
Fair Practices.--(1) The microinsurance shall be
completely devoid of unethical, illegal and unfair practices. The
microinsurance services shall be provided to microinsurance policyholders in a
manner that is legal, ethical, non-discriminatory and free of deception. To
adhere to this core value, insurers shall agree to:--
(a) incorporate
ethical and non-discriminatory values into their operations and act fairly,
responsibly and reasonably while conducting microinsurance business activities;
(b) provide
microinsurance services to microinsurance policyholders regardless of gender,
religion, race, sect or language;
(c) act as competent
and responsible microinsurance providers and make sure that the microinsurance
is sold based on a sound and thorough assessment of the needs of microinsurance
policyholders, including ability to pay the premium;
(d) ensure that mechanisms are in place that
will mitigate the impact of high pressure sales practices, by ensuring that
microinsurance policyholders, not being group policyholders, have reasonable
time to consider the suitability of the microinsurance product on offer such
that the microinsurance policy, not being a group microinsurance policy, shall
be liable to be cancelled at the option of the microinsurance policyholder
within fourteen (14) days of commencement, and if the microinsurance
policyholder cancels the microinsurance policy within that time, all amounts
paid by way of premium shall be refunded by the insurer, without any deduction for
management expenses, other than expenses incurred in connection with the
medical examination of any person insured under such microinsurance policy;
(e) ensure that
microinsurance services are provided using the most efficient methods possible
to enable access to financial services by low income households at a reasonable
cost;
(f) ensure that the
claim settlement process shall be simple, efficient and friendly to clients;
(g) monitor claims
settlement performance through such measures as loss ratios and claim
turnaround time.
3. Privacy and Fair Disclosure.--(1) The insurer shall responsibly safeguard
the information provided by microinsurance policyholder and maintain the
privacy of such microinsurance policyholder while upholding fair disclosure. To
adhere to this core value, the insurer shall agree to:--
(a) keep the personal information of
microinsurance policyholder strictly confidential, implement privacy measures
with respect to such information disclosure and not pass it on to external
users for any unauthorized purpose, except where required under the applicable
laws;
(b) restrict the
divulgence of information of microinsurance policyholder to any third party,
except in the circumstances where:--
(i) the microinsurance policyholder has been informed about such
disclosure and permission has been obtained from such policyholder;
(ii) the party seeking the information has been authorized by the
microinsurance policyholder for such purpose;
(iii) it is legally required to do so;
4. Client Recourse.--(1) The insurer shall ensure that microinsurance
policyholders have a recourse avenue that is effective and straightforward. To
adhere to this core value, the insurer shall agree to:--
(a) make itself
easily accessible to the microinsurance policyholders, through telephone in
case they have complaints or suggestions;
(b) set up internal
complaint handling systems which shall take steps to correct any omissions and
handle complaints effectively;
(c) provide, at the
time of the microinsurance policy inception, the contact details of the insurer
and the insurance ombudsman to the microinsurance policyholder, for the
resolution of any potential complaints;
(d) inform the
microinsurance policyholder about the free look period, as required in Para 2(1
)(d), at the time of the microinsurance policy inception;
(e) conduct a
biennial client survey in order to gauge the effectiveness of the microinsurance
products and client satisfaction levels.
SCHEDULE IV
[See Rule 9(2)]
Code of Conduct for Microinsurance
Agents
This Code of Conduct for
Microinsurance Agents shall be applicable to all microinsurance agents and
their specified persons.
1. Transparency.--(1) The dissemination of transparent
and truthful information to clients is critical for effective microinsurance.
Clients shall be provided with complete, accurate and understandable
information regarding the products offered to them. The wording, language and
format of disclosures shall be in a form that microinsurance policyholders with
limited financial experience or literacy can readily comprehend.
2.
Fair Practices.--(1)
It is important that microinsurance should be completely devoid of unethical,
illegal and unfair practices. It is important to provide the microinsurance
services to the policyholders or intending policyholders in a manner that is
legal, ethical, non-discriminatory and free of deception.
3.
Privacy and Fair Disclosure.--(1)
It is important to responsibly safeguard the information provided by the
microinsurance policyholder and to maintain such privacy and uphold fair
disclosure.
4.
Client Recourse.--(1)
It is important that the microinsurance policyholders have a recourse avenue,
communicated clearly by the microinsurance agent to the microinsurance
policyholders, which is effective and straightforward.
5.
Dignified Treatment.--(1)
The microinsurance agents and their specified persons shall be cognizant of the
need to be fair, disciplined and respectful in the provision of microinsurance.
They shall also realize the necessity of preserving the dignity of
microinsurance policyholders or prospective policyholders at all times as well
as being respectful of cultural and gender matters.
(2) The microinsurance agents and their specified
persons shall avoid inappropriate occasions such as bereavement in the family
or other such calamitous occurrences for making calls or visits to collect
premium and wait for a period of no less than seven days before making these
calls or visits.
(3) The microinsurance agents and their specified
persons shall interact with microinsurance policyholders in an acceptable
verbatim language and dignified manner and spare no efforts in fostering the
confidence of microinsurance policyholder.
(4) The microinsurance agents and their specified
persons shall maintain decency and decorum during a collection of premium visit
to a microinsurance policyholder and scrupulously avoid any demeanour which would
indicate any kind of threat or violence.
(5) The microinsurance agents and their specified
persons shall be considerate of a client's need for privacy when they present
any queries or problems.
SCHEDULE V
[See Rule 11(1)]
Reporting requirements for Insurers
selling Microinsurance
Every insurer transacting the
business of microinsurance shall be subject to the following regulatory
reporting requirements:
1.
Regulatory Returns.--(1) For life microinsurance, when
filing with the Commission the following items of information, which shall
identify microinsurance as a separate category of business, in addition to the
requirements laid down in Part VII of the Ordinance, shall be required;
a. Statement
of premiums;
b. Statement
of claims.
c. Statement
of direct expenses;
(2) For non-life microinsurance, when filing with
the Commission the following items of information, which shall identify
microinsurance as a separate category of business, in addition to the
requirements laid down in Part VII of the Ordinance, shall be required;
a. Statement
of premiums;
b. Statement
of claims;
c. Statement
of direct expenses;
d. Analysis
of claims;
e. Risk
exposure.
----------------------------
RULES, 2014
EMPLOYEES' PROVIDENT
FUND (INVESTMENT IN LISTED SECURITIES) RULES, 2014
[Gazette of
S.R.O.
80 (I)/2014.--The
following draft of the Employees' Provident Fund (Investment in Listed
Securities) Rules, 2014 proposed to be made by the Securities and Exchange
Commission of Pakistan with the approval of the Federal Government in exercise
of the power conferred by Section 506 of the Companies Ordinance, 1984 (XLVII
of 1984) read with clause (b) of Section 40 of the Securities and Exchange
Commission of Pakistan Act, 1997 (XLII of 1997), is published for the
information of all persons likely to be affected thereby, and as required by
the proviso to sub-section (1) of the said section; notice is hereby given that
the draft will be taken into consideration after fourteen days of its publication
in the Official Gazette.
Any suggestions or objections that
may be received from any person before expiry of the said period shall be
considered by the Commission:--
DRAFT RULES
1. Short title and commencement.--(1) These rules may be called the Employees'
Provident Fund (Investment in Listed Securities) Rules, 2014.
(2) They shall come into force at once.
2. Interpretation.--In these rules, all words and
expressions used but not defined shall have the same meanings as are assigned
to them in the Companies Ordinance, 1984 (XLVII of 1984), the Non-Banking
Finance Companies (Establishment and Regulation) Rules, 2003 and the
Non-Banking Finance Companies and Notified Entities Regulations, 2008.
3. Limit for investment in listed securities.--Where it is decided to make
investment out of the employees' provident fund in securities listed on any stock
exchange in Pakistan, including shares of companies, bonds, redeemable capital,
debt securities, equity securities and listed collective investment schemes registered
as notified entity with the Commission under Non-Banking Finance Companies and
Notified Entities Regulations 2008, such investments shall not exceed seventy
percent of the size of the employees’ provident fund subject to the following
limits namely:--
(a) total investment in money market
collective investment schemes registered as notified entity with the Commission
under Non-Banking Finance Companies and Notified Entities Regulations, 2008,
shall not exceed seventy per cent of the size of the employees' provident fund;
and
(b) total investment in listed equity
securities, listed debt securities and listed collective investment schemes,
except money market collective investment schemes, registered as notified
entity with the Commission under Non-Banking Finance Companies and Notified
Entities Regulations 2008 shall not exceed thirty per cent of the size of the
employees' provident fund.
4. Conditions for investment listed securities.--Where it is decided to make, out of
employees' provident fund, investment in shares of companies, bonds, redeemable
capital, debt securities, collective investment schemes or similar instruments
listed on any stock exchange in Pakistan, such investment shall be subject to
the following conditions, namely:--
(a) where investment
is made in equity securities of listed companies, it shall be made only where
such companies--
(i) have a minimum operational record of three years; and
(ii) have
exhibited average total return on investment, not less than prevailing risk
free rate+50 basis point at the time of investment.
Explanation.--The "total return" and "average total
return" in these rules shall be calculated as follows:--
Total
Return=(Value of investment at the end of the year
-Value of investment at beginning of the year) + Dividends/Value of investment
at beginning of the year
Average
total Return= total return year 1+total return year 2+ total return year 3
(b) where investment is made in listed debt
securities of a company, it shall not be made unless such securities have been
assigned a minimum rating of "AA" by a credit rating company
registered with the Commission under Credit Rating Companies Rules, 1995, and
with at least a stable outlook at the time of investment;
(c) where investment
is made in collective investment schemes which may invest in listed debt
securities, the investment policy of such scheme shall be in line with the
criteria given in clause (b);
(d) where investment is made in listed money
market collective investment schemes, it shall be made only in those money
market schemes which have exhibited average total return on investment, not
less than prevailing risk free rate at the time of investment;
(e) where investment is made in listed
collective investment schemes other than money market collective investment
schemes, it shall be made only in the units of the scheme which have exhibited
average total return on investment, not less than prevailing risk free rate+50 basis
point at the time of investment;
(f) where it is decided to make, out of the
employees' provident fund, aggregate investment in listed securities, other
than collective investment schemes, of fifty million rupees or above or twenty percent
of the size of the employees' provident fund, whichever is lower, the
employees' provident fund shall appoint or seek advice from investment advisor
holding a valid license from the Commission for providing investment advisory
services and in this case the conditions for investment prescribed in clause
4(a) shall not be applicable;
(g) where it is
decided for the employees' provident fund, to transact its equity investments
through off market transaction, the price at which the shares are bought shall
not be higher than the prevailing market price and the price at which the
shares are sold shall not be less than the prevailing market price;
(h) the aggregate
investment in listed equity and listed debt securities of a particular company
shall be restricted to ten per cent of the size of the employees' provident
fund, subject to the following conditions, namely--
(i) investment in listed equity securities shall not exceed five
percent of the paid up capital of the investee company; or
(ii) investment in listed debt securities shall not exceed five
percent of that issue;
(i) where
from the employees' provident fund, it is decided to make investment in listed
securities of such company which constituted it or in listed securities of its
associated companies and associated undertakings, the aggregate investment
shall not exceed ten per cent of the size of its employees' provident fund;
(j) the
aggregate investment in collective investment schemes, other than money market
schemes, managed by a single asset management company shall not exceed ten
percent of the size of the employees' provident fund provided that, in case of
money market listed collective investment schemes managed by a single asset
management company, the aggregate investment in listed collective investment
schemes shall be restricted to thirty per cent of the size of the employee's
provident fund;
(k) the aggregate investment in initial public offers (IPO)
shall be restricted to five per cent of the size of the employees' provident
fund every six months in a calendar year subject to the following conditions,
namely--
(i) the aggregate
investment in one IPO shall be restricted to one per cent of paid-up capital of
the investee company or two per cent of the size of the employees' provident
fund whichever is lower;
(ii) investment in IPO
out of the employees' provident fund shall be made in companies having
profitable operational record of at least three years; and
(iii) employees' provident
fund shall not subscribe to an iPO underwritten, co-underwritten or
sub-underwritten by its group companies or associated undertakings;
(l) investment shall not be made in a listed security if issuer
of the security has defaulted or re-scheduled any of its financial obligations;
and
(m) the employees' provident fund shall develop and maintain
appropriate investment policies explaining investment limit, investment avenues
and risk appetite.
5. Powers of Commission to relax Rules.--Where the Commission is satisfied
that it is not practicable to comply with any of the condition or conditions of
these rules, in a particular case or class of cases, the Commission may, for
reasons to be recorded and subject to such conditions as it may deem fit, relax
any of the conditions specified in Rules 3 and 4 in the case of such company or
class of companies.
6. Penalty.--Whosoever fails or refuses to comply
with or contravenes any of the provisions of these rules or knowingly and
willfully authorizes or permits such failure, refusal or contravention shall,
in addition to any other liability under the Companies Ordinance, also be
punishable with fine which may extend to five hundred thousand rupees and,
where the contravention is a continuing one, with a further fine which may
extend to ten thousand rupees for every day after the first during which such
contravention continues.
7. Repeal.--The Employees' Provident Fund (Investment
in Listed Securities) Rules, 1996 are hereby repealed.
--------------------------
NOTIFICATION
RULES OF PROCEDURE FOR
THE PARLIAMENTARY COMMITTEE ON ELECTORAL REFORMS
[Gazette of
No.
F. 22(2)/2014-Com-I.--The
following Rules made by the Parliamentary Committee on Electoral Reforms on
19th August, 2014 are published for general information:--
1. Short title and commencement.--(1) These rules may be called the
Rules of Procedure for the Parliamentary Committee on Electoral Reforms.
(2) They shall come into force at once.
2. Definitions.--(1) In these rules, unless there is
anything repugnant in the subject or context,--
"Assembly",
means
the National Assembly of Pakistan;
"Chairman" means the Chairman elected under
these rules or any Member presiding at a Meeting under Rule 10;
"Committee" means the Parliamentary Committee
on Electoral Reforms constituted under Motions adopted by the National Assembly
on 19th June, 2014 and 12th August, 2014, and the Senate on 3Oth June, 2014,
and 18th August, 2014;
"Constitution" means the Constitution of the
Islamic Republic of Pakistan; "Gazette" means the Gazette of
Pakistan;
"Member" means a Member of the Committee;
"Secretary" means the Secretary of the National
Assembly or the Senate and includes any person for the time being performing
duties of the Secretary to the Committee;
"Senate" means the Senate of Pakistan;
"Meeting" means a meeting of the Committee;
"Speaker" means the Speaker of the National
Assembly; and
"Sub-Committee" means a sub-committee constituted
by the Committee for such purpose (s) as it may deem fit under sub-rule (5) of
Rule 16.
(2) Words and expressions used but not defined in
these Rules shall, unless the context otherwise requires, have the meaning
assigned to them in the Rules of Procedure and Conduct of Business in the
National Assembly, 2007.
3. Formation and Composition.--
(1) The Committee shall consist of such
Members as have been notified in the National Assembly Secretariat Notification
No. F. 22(2)/2014-Com-1 dated 25th July, 2014 as may be amended by the Speaker from
time to time under these Rules.
(2) The Chairman of the Committee shall be
elected by the Members in its first Meeting.
4. Functions of the Committee.--
(1) The scope of work of the Committee shall
include, but not be limited to:
(a) evaluating the shortcomings of previous elections and making
recommendations for electoral reforms to ensure that elections are held in a
free, fair and transparent manner; and
(b) drafting legislation, or constitutional amendments, if
required, and recommend ways and means to improve the system of elections
including adoption of latest technology available for holding elections.
(2) The Committee shall present its report to the
Parliament within three months from the date of notification of the Committee.
5. Quorum of the meeting.--The quorum to constitute a Meeting
shall be one-fourth of the total membership.
6. Resignation of Members from the Committee.--A Member may resign from membership
of the Committee by writing under his hand addressed to the Speaker with a copy
thereof to the Chairman.
7. Replacement of Members of the Committee.--The Speaker may replace any Member
on request of the Leader of the Parliamentary Party concerned.
8. Adjournment etc. of the Committee.--(1) If, at the time fixed for any
Meeting or at any time during any such Meeting, the number of Members present
is less than the quorum, the Chairman shall either suspend the Meeting for a
time not exceeding one hour or adjourn the Meeting.
(2) After suspension of the Meeting not exceeding
an hour, if the quorum is not complete, the Meeting shall be adjourned.
9. Discharge of Member absent from meeting of
the Committee.--If
a Member is absent from three or more consecutive Meetings without the
permission of the Chairman, the Speaker on the recommendation of the Chairman
may discharge such Member from the Committee as per applicable Rules, and
notify the replacement in consultation with the Leader of the Parliamentary Party
concerned.
10. Absence of the Chairman.--If the Chairman is not present at
any Meeting, the Committee shall choose one of its Members present to act as
Chairman for that Meeting.
11. Voting in Committee.--All decisions at a Meeting shall be
taken by a majority of the total membership of the Committee. The Chairman
shall in the event of the equality of votes, have a casting vote.
12. Meeting of Committee.--(1) The Committee shall meet on such
day and at such time as the Chairman may, in consultation with the Secretary,
fix.
(2) A Meeting shall ordinarily be held within the
precincts of Parliament.
(3)
Subject to sub-rule (1), on a requisition made by not less than
one-fourth of the total Membership of the Committee, the Chairman shall convene
a Meeting within five (5) days from the date of requisition.
(4)
If a Meeting is not convened as required under sub-rule (3), then the Speaker
shall order to convene a Meeting within the next three (3) days.
13. Agenda and notices of meetings of the
Committee.--(1)
The agenda for each Meeting shall be determined by the Chairman.
(2) Notice for a Meeting shall be communicated to
its Members, and to the Attorney General for
14. Meetings in camera.--Meetings shall be held in camera
unless otherwise decided by the Committee.
15. Information to be kept secret.--The proceedings and any information
tendered before the Committee shall be treated as secret unless the Committee,
in the public interest, decides otherwise.
16. Power to call for papers, records or
documents.--(1)
For the discharge of its functions, the Committee shall have the power to
require the attendance of such persons or the production of such documents as
it may deem necessary.
(2)
Subject to provisions of this Rule, a person summoned by an order signed
by the Secretary shall appear before the Committee and produce such documents
as are required by the Committee.
(3)
The Committee may invite or summon or allow to appear
before the Committee any Member of the Parliament, having a special interest in
any matter under its consideration and may hear expert views and hold
public hearings, if necessary.
(4) The Committee may invite experts in electoral
matters, civil society organizations, lawyers, or any other person as may be
decided by the Committee.
(5) The Committee may constitute sub-committee(s)
in furtherance of its objectives and in doing so, may define the functions of
such sub-committee(s) and delegate such powers to the sub-committee(s) as it
may deem fit.
17.
Recording of proceedings of the Committee.--A summary of the record of the
proceedings of the Committee shall be maintained by the Secretary.
18.
Report of Committee.--(1)
The Committee will present its Report to the Parliament within three months
from the date of the notification of the Committee.
(2) The Report may be either interim or final.
(3) The Report shall:
(a) incorporate the views of the Committee Members and experts,
if any;
(b) set forth the recommendations of the Committee together with
list of participants, and note(s) of dissent, if any; and
(c) be signed by the
Chairman and Members.
(4) The Secretary shall cause a copy of the
Report of the Committee to be made available for the use of Members of the
National Assembly and the Senate.
19.
Presentation of Report.--The
Report of the Committee required to be presented to each House shall be
presented by the Chairman or, in his absence, by any other Member authorized by
the Chairman on his behalf.
20.
Procedure of the Assembly to apply.--In all matters not specifically provided
for in these Rules, the procedure of the Assembly shall apply with such modifications
and variations as the Committee may consider necessary.
-------------------------
REGULATIONS, 2014
COMPANIES (PROXY
E-VOTING)
REGULATIONS, 2014
[Gazette of
S.R.O.
482 (I)/2014.--The
following draft of the Companies (Proxy E-Voting) Regulations, 2014 proposed to
be made by the Securities & Exchange Commission of Pakistan in consultation
with the Policy Board, in exercise of the powers conferred by clause (ii) of
sub-section (1) of Section 40 of the Securities and Exchange Commission of
Pakistan Act, 1997(XLII of 1997) read with Section 506-A of the Companies
Ordinance, 1984 is hereby published for eliciting public opinion as required
under sub-section (2) of Section 40 of the Act and suggestions thereon, if any,
received within a period of thirty days from the date of its publication in the
official Gazette, shall be taken into consideration:
1. Short title and commencement:
(i) These Regulations shall be called the
Companies (Proxy E-Voting) Regulations, 2014.
(ii) They
shall come into force at once.
2. Definitions:
(a) In these Regulations, unless there is
anything repugnant in the subject or context--
(i) "Accreditation
certificate" means a certificate granted by the Electronic Certification
Accreditation Council established under Section 18 of ETO Ordinance;
(ii) "Commission"
means the Securities and Exchange Commission of
(iii) "ETO
Ordinance" means the Electronic Transactions Ordinance, 2002;
(iv) "Electronic signature" means any
letters, numbers, symbols, images, characters or any combination thereof in
electronic form, applied to, incorporated in or associated with an electronic
document, with the intention of authenticating or approving the same, in order
to establish authenticity or integrity, or both;
(v) "Intermediary" means a person
acting as a service provider in relation to the sending, receiving, storing, or
processing of the electronic communication, or the provision of other services
in relation to it;
(vi) "Ordinance" means the Companies
Ordinance, 1984;
(vii) "Proxy E-Voting" means exercise of
indirect voting right through electronic means by appointing intermediary as
proxy;
(viii) "Quorum" means quorum as required
under Section 160 of the Ordinance present at the place of the meeting;
(b) All
words and expressions used but not defined in these Regulations shall have the
same meanings as in the Companies Ordinance, 1984 and the Electronic
Transactions Ordinance, 2002.
3. Applicability:
The
Regulations shall be applicable to general meetings of listed companies for
providing voting right to members through electronic means managed by
authorized intermediaries, acting as proxy appointed by the board of directors
of the Company, at least thirty days before holding of general meeting.
4. Conditions
for acting as Intermediary:
No
person shall act as Intermediary unless such person fulfill conditions for
acting as a balloter, transfer agent or underwriter as per the Balloters,
Transfer Agents and Underwriters Rules, 2001, further has the following
qualifications:
(i) It is a company;
(ii) Owns
web portal for electronic voting, computer hardware and software, and employs
persons who are expert in the operation of such hardware and software to
discharge the services offered;
(iii) Possess a valid accreditation certificate in terms of ETO Ordinance
for the period of appointment;
(iv) Have adequate disaster recovery
facilities;
(v) Its
directors and employees have not been convicted of an offence involving fraud
or breach of trust;
(vi) Its directors and employees have not
been punished for an offence under the Ordinance, the Act any rules made or
directive issued thereunder;
(a) No person shall act as Intermediary of
more than 100 companies at a time for the purpose of these Regulations.
5. Amendments
in articles of association:
The
articles of association of the company shall provide that in case of Proxy
E-Voting;
(i) Both
members and non-members can be appointed as proxy;
(ii) The
chairman of the meeting shall opt for mode of voting as taking a poll and
notice of meeting shall disseminate the same.
6. Notices
of general meeting: (Schedule I)
(i) Notice
of general meeting shall clearly specify that members can also exercise their
right to vote through Proxy E-Voting by appointing Intermediary as proxy
provided that consent in writing or through electronic mode be received in
advance at least ten days before holding of a general meeting, at the
registered address of the Company, to be provided in notice of the meeting;
(ii) Information
about the Intermediary, its web address and contact details be provided in the
notice of the meeting;
(iii) The period in which votes may be cast, retracted and withdrawn
is prescribed by the company, but must end no later than the day immediately
preceding the date of the members meeting;
(iv) Company shall maintain a database of
registered email addresses of members and shall communicate through electronic
mode;
7.
Access to general meeting businesses information:
Intermediary shall provide following
at least five days prior to holding of the meeting;
(i) Login details, password and electronic
signature through email to members who opted for Proxy E-Voting at their
registered email addresses alongwith complete information necessary to enable
them to cast vote online.
(ii) Make available
or upload, as the case may be, at their web portal businesses to be transacted
at a general meeting and the agenda items;
8. Participation in general meeting through
Proxy E-Voting:
(i) Members participating through Proxy
E-Voting demand for poll through instrument of proxy (Schedule II). A poll may
be ordered to be taken by the chairman of the meeting of his own motion or on
demand made by at least five members present in person or by proxy;
(ii) Members intended to cast an electronic
vote is required to be authenticated through secured electronic signature
provided by the Intermediary; and shall cast vote online during the time
specified in the notice of the meeting;
(iii) The Intermediary is required to keep result
of Proxy E-Voting confidential and cast vote as instructed by members through E-voting
acting as their proxy during time of poll;
(iv) Voting outcome on resolutions shall be
announced by chairman of the meeting and shall be published on the web portal
of the Intermediary at the earliest but not later than twenty four hours of the
conclusion of the general meeting;
(v) In case of adjourned meeting, no
resolution shall be deemed passed, until it is passed at the last day of the
holding of meeting;
9. Compliance report: (Schedule III)
Intermediary shall provide
compliance report of Proxy E-Voting to chairman of the meeting with in three
working days of the meeting and the company shall maintain and arrange to send
copy of the compliance report alongwith minutes of general meeting to the stock
exchanges and Commission as and when desired.
10. General Requirement:
The company adopting Proxy E-Voting
shall formulate procedures duly approved by the board, of directors.
---------------------------
SCHEDULE I
Notice
of Annual General Meeting/Extra-Ordinary General Meeting:
Notice is hereby given that the
[number of meeting] annual general meeting/extra-ordinary general meeting of
[name of company] will be held at [place of meeting], on [date of meeting], at
[time of meeting] to transact the following business:
In order to vote through E-voting or
to avail video conference facility please fill the requisite forms and submit
to company within time frame mentioned in forms.
A. Ordinary Business
1. Consideration of the accounts, balance
sheets and the reports of the directors and auditors.
2. Declaration
of a dividend.
3. Appointment
and fixation of remuneration of auditors.
4. Election
of directors.
B. Special Business
5. To ______________
By
the order of board
[Name of company secretary]
Company Secretary
[place] [dated]
Notes:
A. For
attending the meeting personally:
B. For
appointing other members as proxies:
C. For appointing intermediary as proxy
for exercising electronic voting right as per the Companies (Proxy E- Voting)
Regulations, 2014.
(i) ABC (with complete contact details) is appointed
by the board of directors as intermediary for the meeting on (30 days before
the meeting).
(ii) The instruction to appoint intermediary as
proxy and opting to vote through proxy electronic voting as per the Companies
(Proxy E-Voting) Regulations, 2014 shall be deposited to the company at least
ten days before holding of general meeting at (registered address of the
company) or through email (detail of secure email address of the company).
(iii) The proxy form shall be witnessed by two
persons whose names, addresses and CNIC numbers shall be mentioned on the form.
(iv) The right of vote through electronic
voting can be exercised from (date) to {date} through website {address of
website}.
(v) Mode of voting will be by taking a poll on
the discretion of chairman of the meeting or if demanded by members as per
Section 167 of the Ordinance.
Form
for Video Conference Facility
Members can also avail video
conference facility in {name of cities where facility can be provided keeping
in view geographical dispersal of members}. In this regard please fill the
following and submit to registered address of the Company 10 days before
holding of general meeting.
If the company receives consent from
members holding in aggregate 10% or more shareholding residing at a geographical
location, to participate in the meeting through video conference at least 10
days prior to date of meeting, the company will arrange video conference
facility in that city subject to availability of such facility in that city.
The Company will intimate members
regarding venue of videoconference facility at least 5 days before the date of
general meeting alongwith complete information necessary to enable them to
access such facility.
I/We,
__________________________
of ________________, being a member of ABC Ltd., holder of
_________________ Ordinary Share(s) as per Register Folio No. ____________ hereby opt for video
conference facility at----
___________________
Signature of member
SCHEDULE II
Form of Proxy
Option
1
Appointing
other person as Proxy
I/We, _______________ of
__________________, being a member of ABC Ltd., holder of _____________________
Ordinary Share(s) as per Register Folio No. _______________ hereby
Appoint Mr. _______________ Folio No. _________________ (if member) _________ of
____________or failing him Mr. __________Folio No (if member), of
_________________, as my /our proxy in my/our absence to attend and vote for me/us,
and on my/our behalf at the Annual General Meeting/Extra Ordinary General
Meeting of the Company to be held on and at any adjournment thereof. Signed under my/our hand this _________, day of ___________ 2014.
Option
2
Appointing
Intermediary as proxy as per the Companies (Proxy E-Voting) Regulations, 2014,
for E-voting
I/We, ____________________ of _______________________,
being a member of ABC Ltd., holder of __________________ Ordinary Share(s) as
per Register Folio No _________________hereby Appoint Intermediary (ABC) as
proxy and will exercise Proxy Electronic Voting as per the Companies (Proxy
E-Voting) Regulations, 2014 and hereby demand for poll.
My secured email address is
________________, please send login details, password
and electronic signature through email.
_________________________
Signature
should agree
with the specimen signature
registered with the company
Signed
in the presence of:
___________________ ____________________
Signature of Witness Signature
of Witness
NOTES:
1. This instrument appointing a proxy
under option 1 shall be in writing under the hand of the appointer or his
attorney duly authorized in writing, or if the appointer is a corporation
either under the common seal or under the hand of an official or attorney so
authorized. No person shall be appointed as proxy who is not a member of the
Company qualified to vote except that a corporation being a member may appoint
a person who is not a member.
2. The instrument appointing a proxy under
option 1 and the power of attorney or other authority (if any), under which it
is signed or a notarially certified copy of that power of authority, shall be
deposited at the office of the Company not less than 48 (forty eight) hours
before the time for holding the meeting at which the person named in the
instrument proposes to vote, and in default the instrument of a proxy shall not
be treated as valid.
3. The instrument appointing a proxy under
option 2 shall be deposited in advance in writing at least ten days before
holding of general meeting, at the registered office (address) of the company
or through email (detail of secure email address of the company).
SCHEDULE III
Compliance Report for Proxy E-Voting
Details
Name of the Company |
|
Date of the general meeting |
|
dates for casting Electronic Vote |
|
Total members opted for Proxy
E-Voting |
|
Resolutions.
Resolution 1 |
Details |
Resolution 2 |
Details |
Resolution 3 |
Details |
Result
of Proxy Electronic Voting
Name of member |
Shares held or no. of votes |
Result of resolutions |
||
|
|
Resolution No. 1 |
Resolution No. 2 |
Resolution No. 3 |
|
|
No. of votes in favor or against |
No. of votes in favor or against |
No. of votes in favor or against |
Total |
|
xxxxxxx |
|
xxxxxxx |
Authorized
signature of Intermediary
---------------------------------
GILGIT ACT NO.
I OF 2014
GILGIT-BALTISTAN SERVICE
TRIBUNAL (AMENDMENT) ACT, 2014
An Act Further to amend the
Gilgit-Baltistan Service Tribunal Act, 2010 (Act No. IX of 2010)
[Gazette of
PREAMBLE.--WHEREAS
it is expedient further to amend the Service Tribunal Act, 2010 for the
purposes hereinafter appearing.
It is enacted as follows:
1. Short title and Commencement.--(1) This Act may be called the
Gilgit-Baltistan Service Tribunal (Amendment) Act, 2014 (Act No. I of 2014).
(2) It shall come into force at once.
2. In Section 2, a sub-section (aa) shall be inserted.
(aa) in the absence of Chairman, the senior most
Member of the Tribunal shall act as Chairman, except if otherwise directed by
the Chairman.
3.
Substitution of sub-section (3) of Section 3 of the Service Tribunal Act
2010.--In
sub-section (3) of Section 3 the following shall be substituted namely:--
(3) A Tribunal shall consist of:--
Chairman
and Members being persons who have been qualified to be a Judge of Chief Court
or Civil Servants who have held office in the service of
Pakistan/Gilgit-Baltistan in BS-19 and above.
4. Substitution
of sub-section (4) of Section 3 of Service Tribunal Act, 2010.--In the Service Tribunals Act, 2010
for sub-section (4) of Section 3, the following shall be substituted namely:--
(4) Terms of Office (a) The Chairman and
Members of the Service Tribunal shall be appointed by the Governor for a term
of three years.
(b) A
Member/Chairman shall cease to hold office on completion of his term.
(c) A
Member/Chairman shall not be removed during the term of office except in the
manner hereinafter provided;
(d) If
the Governor is of the opinion that a Member/Chairman;
(i) may have been guilty of misconduct; or
(ii) may be incapable
of properly performing the duties of his office by reason for physical or
mental incapacity.
The Governor shall appoint two
senior most Judges of the Supreme Appellate Court Gilgit-Baltistan to Inquire
into the matter.
(e) If after Inquiring into the matter the two
Judges report to the Governor that they are of the opinion that the
Member/Chairman has been guilty of misconduct or is incapable of performing the
duties of his office, the Governor may remove the Member/Chairman from office:
Provided if the two judges
have a split opinion, the opinion of the Chief Judge of Supreme Appellate Court
shall be sought and his opinion shall be treated as opinion of the penal.
5.
Substitution of Serial No. 1 of FIRST
SCHEDULE PART-1 of the Service Tribunal Act, 2010 the following shall be
substituted namely:--
(1) Maximum
age for appointment as Member/Chairman.--A person who is not more than
sixty five and not less than sixty year of age shall be appointed Chairman/Member.
(6)
Substitution of Serial No.2 of the FIRST
SCHEDULE PART-I of the Gilgit-Baltistan Service Tribunal Act, 2010.--
(2)
Oath of office before entering upon his office, the Chairman shall make
oath before the Chief Judge of Supreme Appellate Court Gilgit-Baltistan or a Judge
nominated by him and the Members, shall take oath before the Chairman Gilgit-Baltistan
Service Tribunal in form set out in the schedule appended to the Act.
7.
Substitution of Serial No. 4 of the
FIRST SCHEDULE PART-I Gilgit-Baltistan Service Tribunal Act, 2010.--In the Service Tribunal Act 2010 for
Serial No. 4 (1) a, b (2) of the First Schedule Part-I, the following shall be
substituted namely:
(4)
Allowance and other privileges of the
Chairman and members of the Gilgit-Baltistan Service Tribunal shall be in
accordance with Schedule-IV of the Service
Tribunal Act, 2010, as
amended from time to time through notifications with prior approval of the
Cabinet.
SCHEDULE-IV
Salary, Allowances & Utilities
S. No. |
Items |
Chairman |
Member |
1. |
Salary |
Rs.
2,00,000/- |
Rs.
1,70,000/- |
2. |
House Rent Allowance |
Rs.
70,000/- |
Rs.
60,000/- |
3. |
Utility Allowance |
Rs.
20,000/- |
Rs.
15,000/- |
|
Total |
Rs. 2,90,000/- |
Rs. 2,45,000/- |
Facilities
S.
No. |
Items |
Chairman |
Member |
1. |
One
Chaufar driven vehicle maintained at the Government expenses for official and
Private use. |
Not
less than 1300 CC Capacity Car |
Not
less than 1300 CC Capacity Car |
2. |
Petrol
Limit |
300
liter per month |
270
liter per month |
8.
Sub-section (2) of Section 8 of the Act is omitted.
-------------------------
NOTIFICATION
CUSTOMS ACT, 1969 (IV OF
1969)
[Gazette of
S.R.O. 580(I)/2014.--In exercise of the powers conferred
by Section 19 of the Customs Act, 1969 (IV of 1969), the Federal Government is
pleased to direct that the following amendments shall be made in its
Notification No. S.R.O. 559(I)/2008, dated the 11th June, 2008, namely:--
In
the aforesaid Notification, in the TABLE, in column (1),--
(a) against S. No. 1.--
(i) in column (3), entries (1), (2) and (3) and entries relating
thereto in column (4) shall be omitted; and
(ii) in column (5), for the figure "10", the figure
"15" shall be substituted; and
(b) S. No. 2 and entries relating thereto in
columns (2), (3), (4), (5) and (6) shall be omitted.
--------------------------
NOTIFICATION
COMPANIES ORDINANCE,
1984 (XLVII OF 1984)
[Gazette of
S.R.O.
685(I)/2014, dated 22.7.2014.--In
exercise of powers conferred by Section 505 of the Companies Ordinance, 1984
(XLVII of 1984), read with clause (c) of Section 43 of the Securities and
Exchange Commission of Pakistan Act, 1997, (XLII of 1997) and SRO No. 698 (I)/86,
dated 2nd July 1986, the Securities and Exchange Commission of Pakistan is
hereby pleased to make the following amendment in the Sixth Schedule to the
said Ordinance, namely:--
For Clause I, for sub-clause (3) the
following shall be substituted, namely,--
"For registration of an
increase in share capital made after the first registration of the company, an
amount equal to the difference between the amount which would have been payable
on registration of the company by reference to its capital as increased and the
amount which would have been payable by reference to its capital immediately
before the increase, calculated at the rates given under Clause 2:
Provided
that no such fee shall be applicable on registration of an increase in
authorized share capital of a transferee company after merger consequent to
sanction of application for compromises, arrangements or reconstruction for
merger of companies by the Court pursuant to Sections 284 to 287 of the
Ordinance, to the extent of aggregate of authorized capital of the transferor
and transferee companies.
"Explanation" For the purpose of calculation of
fee for registration of an increase in the share capital of the company which
was originally formed on the basis of physical business now opting online submission,
the difference of fee shall be calculated on the basis of rates applicable to a
company treating as formed on online submission.".
----------------------
RULES, 2014
[Gazette of
S.R.O. 782(I)/2014, dated 28.8.2014.--In exercise of the powers conferred
By Section 55 of the Legal Practitioners & Bar Councils Act, 1973 (XXXV of
1973) and other enabling provisions in this behalf, the Pakistan Bar Council
hereby makes and notifies the following amendments in the Pakistan Legal
Practitioners & Bar Councils Rules, 1976.
1. Short
Title and commencement:
(i) These Rules may be called the
"Pakistan Legal Practitioners & Bar Councils Amendment) Rules.
2014."
(ii) They shall come into force with effect
from 26-12-2013.
2. Amendment
of Rule 108-B:
(i) The
word "twice" appearing in clause (I) of Rule 108-B may be substituted
by the word "thrice".
(ii) The
existing last two provisos of sub-rule (1) of Rule 108-C may be substituted by
the following:--
"Provided further that an
apprentice would commence his apprenticeship with such Advocate after having
passed his LL.B. final examination and Assessment Test of National Testing
Service (NTS) and shall furnish copies of his LL.B. degree or result card and
the Certificate from the National Testing Service (NTS) as to his having passed
the LL.B. final examination and the Assessment Test."
-------------------
GILGIT ACT NO.
II OF 2014
GILGIT-BALTISTAN
CONTRACT EMPLOYEES (REGULARIZATION OF SERVICES)
ACT, 2014
To provide for the regularization of
the services of BPS-1 to BPS-18 employees appointed on contract basis.
[Gazette of
Preamble:
WHEREAS, it is expedient
to provide for the regularization of certain employees appointed by the
Selection Authority on contract basis in the public interest.
It is hereby enacted as follows:--
1. Short title and commencement
(a) This
Act shall be called the Gilgit-Baltistan Contract Employees (Regularization of
Services) Act 2014.
(b) It
shall come into force at once and applicable only for one time.
2. Definitions: In this Act, unless the context
otherwise requires:--
(a) "Selection
Authority" means Departmental Selection Board, Departmental Selection
Committee or other Authority or Body on the recommendation of or in
consultation with which any appointment or promotion as may be prescribed is
made;
(b) "Contract
appointment" means appointment of a duly qualified person made in
accordance with the prescribed method of recruitment i.e. advertisement, test
and interview by selection authority.
(c) "Employee"
means a contract employee appointed by Government on contract basis against
created post shall, but does not include the employees appointed on work charge
basis or who are paid out of contingencies.
(d) "Government"
means the Government of Gilgit-Baltistan;
(e) "Government
Department" means any Department duly established in connection with
the affairs of Gilgit-Baltistan;
(f) "Law or Rule" means the law
or rule for the time being enforce governing the selection and appointment of
civil servants.
(g) "Post" means a post under
Government or in connection with the affairs of the Government to be filled in
on the recommendation of selection authority.
(h) "Assembly" means
Gilgit-Baltistan Legislative Assembly.
3.
Regularization of Service of certain employees: All employees appointed on contract
basis and holding their posts in different departments of Gilgit-Baltistan
prior to or till the commencement of this Act shall be deemed to have been
validly appointed on regular basis having same qualification and experience for
regular post for initial appointments:
Provided
that employees from BS 1-14 who have completed one year service and employees
BS 16-17 and 18 who have completed two years service shall be regularized.
4.
Determination of Seniority:
The employees whose services are regularized under this Act, their seniority
shall be determined from the commencement of this Act:
Provided that if the date of
appointment of two or more than two employees are the same, then employee older
in age shall rank senior to the younger one.
5. The contract employees who do not intend to
be appointed on regular basis should furnish their option to this effect within
15 days from the date of issuance of their regularization letter. They may
continue with their present employment as per the existing term and conditions
of their contract.
However,
no extension in their contract period shall be allowed. Those who intend to be
appointed on regular basis need not apply.
---------------------------