(e) Protocol
for the Suppression of Unlawful Acts of Violence at Airports Serving
International Civil Aviation, Supplementary to the Convention for the
suppression of Unlawful Acts against the Safety of Civil Aviation, done at
(f) Convention
for the suppression of Unlawful Act against the Safety of Maritime Navigation,
done at
(g) Protocol
for the Suppression of Unlawful Acts against the Safety of Fixed Platforms
located on the Continental Shelf, done at
(h) International
Convention for the Suppression of Terrorist Bombings adopted by the General
Assembly of the United Nations at New York on the 15th December, 1997; and
(i) Such
other convention as may be specified by the Federal Government by notification
in the official Gazette".
-----------------
ACT NO. XVI OF 2012
NATIONAL COMMISSION FOR HUMAN RIGHTS ACT, 2012
An Act to provide for the establishment of a
National Human Rights Commission
[Gazette of
No.
F. 22(33)/2008-Legis.The
following Acts of Majlis-e-Shoora (Parliament) received the assent of the
President on
WHEREAS it is expedient to provide for the
creation of a National Commission for Human Rights, for the purposes of
promotion and protection of human rights as provided for in the Constitution of
the Islamic Republic of Pakistan and the various international instruments to
which Pakistan is a state party or shall become a state party;
It is hereby enacted as follows:-
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement.(1) This Act may be called the National
Commission for Human Rights Act, 2012.
(2) It
extends to the whole of
(3) It
shall come into force at once.
2. Definitions.In this Act, unless there is anything
repugnant in the subject or context,
(a) "armed
forces" means army, navy, air force and all other civil armed forces
including military intelligence agencies;
(b) "Chairperson"
means the Chairperson of the Commission, as appointed under Section 4;
(c) "Commission"
means National Commission for Human Rights constituted under Section 3;
(d) "human
rights" means the rights relating to life, liberty and dignity of the
individual guaranteed and included in the international instruments including
political and women rights;
(e) "member"
ineans a member of the Commission and includes the Chairperson;
(f) "prescribed"
means prescribed by rules made under this Act; and
(g) "public
servant" means a public servant defined under Section 21 of the Pakistan
Penal Code (Act XLV of 1860).
CHAPTER-II
ESTABLISHMENT OF COMMISSION FOR HUMAN RIGHTS
3. Establishment of Commission.(1) The Federal Government shall constitute a
Commission to be known as the National Commission for Human Rights to exercise
the powers and perform the functions under this Act.
(2) The
Commission shall consist of
(a) a
Chairperson, who has been, or is qualified to be, a judge of the Supreme Court
or a person having demonstrable knowledge of, or practical experience in,
matters relating to human rights;
(b) one
member from each Province, Federally Administrated Tribal Areas and
(c) Chairperson
of the National Commission on Status of Women;
(d) one
member from minority communities; and
(e) a
Secretary, who shall be appointed by the Commission:
Provided
that of the total membership of the Commission, at-least two shall be women
members.
(3) A
member shall not be less than forty years of age and shall have knowledge and
experience relating to human rights.
(4) The
headquarters of the Commission shall be at
(5) The
Commission shall be a body corporate having perpetual succession and a common
seal with powers, among other, to acquire, hold and dispose of any property and
shall sue and be sued by the said name.
(6) All
members of the Commission shall work on full time basis on prescribed terms and
conditions and the Chairman on ceasing to hold office shall be intelligible for
holding any office of profit in the Government, Federal or Provincial, for a
period of two years:
Provided that it shall not apply to the
Chairperson of the National Commission on the Status of Women.
4. Appointment
of Chairperson and members.(1)
The Federal Government shall, through public notice, invite suggestions for
suitable persons for appointment as Chairperson and members of the Commission
and, after proper scrutiny, shall submit a list of these persons to the Prime
Minister and the Leader of the Opposition in the National Assembly.
(2) The
Prime Minister shall in consultation with the Leader Opposition in the National
Assembly forward three names for each post to a Parliamentary Committee for
hearing and confirmation of any one person for each post:
Provided that in case there is no consensus
between the Prime Minister and the Leader of the Opposition, each shall forward
separate lists to the Parliamentary Committee.
(3) The
Parliamentary Committee shall be constituted by the Speaker of the National
Assembly consisting of the following four members, namely:-
(a) two
members from the Senate; and
(b) two
members from the National Assembly;
Provided that when the National Assembly is
dissolved, the total membership of the Parliamentary Committee shall consist of
the members from the Senate only as mentioned in paragraph (a) and the
provisions of this section shall, mutatis-mutandis,
apply:
Provided further that out of the four members
of the Committee, two shall be from the Treasury Benches, one from each House
and two from the Opposition Benches, one from each House. The nomination of
members from the Treasury Benches shall be made by the Leader of the House and
from the Opposition Benches by the Leader of the Opposition.
(4) The
Parliamentary Committee shall regulate its own procedure.
(5) The
Parliamentary Committee shall forward the names of the nominees confirmed by it
to the President, who shall appoint the Chairperson and members accordingly.
5. Term
of office of Chairperson and of members.(1) A person appointed as Chairperson or a member shall hold office for
a term of four years from the date on which he enters upon his office:
Provided that the term of office may be
extended once in the manner provided in Section 4.
(2) The Chairperson or a member may resign
from his office in writing under his hand addressed to the President and on
acceptance of the resignation, such vacancy shall be filled within sixty days.
6. Removal of the Chairperson and members.The Chairman and members may be removed from
office on the grounds and in the manner provided for in Article 209 of the
Constitution of the Islamic Republic of Pakistan.
7. Acting Chairperson.At any time when the Chairperson is absent or
unable to perform the duties of his office for any reason, or in the event of
the vacancy in the office of the Chairperson by reason of his death,
resignation or otherwise, the members of the Commission shall elect an Acting
Chairperson from amongst themselves until the incumbent Chairperson resumes his
office, or as the case may be, until the appointment of a new Chairperson to
fill such vacancy which shall not exceed sixty days.
8. Terms and conditions of service of
members including Chairperson.The
salaries and allowances payable to, and terms and conditions of service of the
members, other than ex-officio
member, shall be such as may be prescribed by the Federal Government in
consultation with the Commission:
Provided that neither the salary and
allowances nor the terms and conditions of service of a member shall be varied
to his disadvantage after his appointment.
CHAPTER-III
MANAGEMENT AND PROCEDURES OF THE COMMISSION
9. Functions of the Commission.The Commission shall perform all or any of
the following functions, namely:-
(a) suo-moto
or on a petition presented to it by a victim or any person on his behalf,
inquire into complaints of
(i) violation of human rights or abetment
thereof; or
(ii) negligence in the prevention of such
violation, by a public servant;
(b) intervene
in any proceeding involving any allegation of violation of human rights pending
before a Court by making application for becoming a party to the proceedings
before such Court;
(c) notwithstanding
anything contained in any other law for the time being in force, the Commission
or any person authorized by it may visit any jail, place of detention or any
other institution or place under the control of the Government or its agencies,
where convicts, under trial prisoners, detainees or other persons are lodged or
detained for purposes of ascertaining the legality of their detention as well
as to find out whether the provisions of the applicable laws or other
provisions relating inmates living conditions and their other rights are being
complied with;
(d) review
the safeguards provided by or under the Constitution of the Islamic Republic of
Pakistan or any other law for the time being in force for the protection of
human rights and recommend adoption of new legislation, the amendment of
existing laws and the adoption or amendment of administrative measures for
their effective implementation:
Provided that if requested by the
Government, the Commission may examine any legislation and submit its views
thereon and comment on the implication of the same for legislation;
(e) review
the factors, including acts of terrorism, that inhibit the enjoyment of human
rights and recommend appropriate remedial measures;
(f) study
treaties, other international instruments on human rights and reports submitted
by the Government of Pakistan on them including the comments thereon, to make
recommendations for their effective implementation;
(g) undertake
and promote research in the field of human rights, maintain database on the
complaints on violence of human rights received and development of human rights
norms;
(h) spread
human rights literacy among various Sections of society and promote awareness
of the safeguards available for the protection of these rights through
publications, print and electronic media, seminars and other available means in
all major languages of the country;
(i) direct
investigation and inquiry in respect of any incident of violation of human
rights;
(j) submit
independent reports to the Government on the state of human rights in
(k) develop
a national plan of action for the promotion and protection of human rights; and
(l) such
other functions as it may consider necessary for the promotion of human rights.
10. Procedure of the Commission.(1) The Commission shall regulate its own
procedure.
(2) All
orders and decisions of the Commission shall be authenticated by the Secretary
or any other officer of the Commission duly authorized by the Chairperson in
this behalf.
(3) The
quorum for a meeting of the Commission shall not be less than one-half of the
total membership of the Commission.
(4) The
decision of the Commission shall be taken by the majority of its members
present and, in case of a tie, the member presiding the meeting shall have a
casting vote.
11. Advisory Committee.The Commission may constitute an advisory committee
consisting of human rights activists, civil society organizations, members of
bar associations, members of press clubs and such other representatives of the Federal
and Provincial Governments as may be concerned with the functions of the Commission:
Provided that the members of the advisory
committee shall perform their functions in an honorary capacity to assist the
Commission in their areas of competence and expertise.
CHAPTER-IV
INQUIRES AND INVESTIGATIONS
12. Inquiry into complaints.(1) The Commission while inquiring into the
complaints of violations of human rights may call for information or report
from the Federal Government or a Provincial Government or any other authority
or organization, subordinate thereto, within such time as may be specified by
it:
Provided that if the information or report is
not received within the time stipulated by the Commission, it may proceed to
inquire into the complaint on its own:
Provided further that in case the complaint
relates to areas that are security sensitive, the Commission shall obtain a
report within fifteen days from the Federal Government and if the report is not
received within thirty days the Commission may proceed to inquire into
complaint on its own:
Provided also that if on receipt of
information or report, the Commission is satisfied either that no further
inquiry is required or that the required action has been initialed or taken by
the concerned Government or authority, it may not proceed the complaint and
inform the complainant accordingly.
(2) Without
prejudice to anything contained in sub-section (1), if the Commission considers
necessary, having regard to nature of the complaint, it may initiate an
inquiry.
(3) if
at any stage of the inquiry, the Commission:-
(a) considers
it necessary to inquire into the conduct of any person; or
(b) is
of the opinion that the reputation of any person is likely to be prejudicially
affected by the inquiry,
it shall give to that person a reasonable
opportunity of being heard in the inquiry and to produce evidence in his
defence:
Provided that nothing in this section shall
apply where the credit of a witness is being impeached.
13.
Powers relating to inquires.(1)
The Commission shall, while inquiring into complaints under this Act, have all
the powers of a Civil Court trying a suit under the Code of Civil Procedure,
1908 (Act V of 1908), in respect of the following matters, namely:-
(a) summoning
and enforcing the attendance of witnesses and examining them on oath;
(b) discovery
and production of documents;
(c) receiving
evidence on affidavits;
(d) requisitioning
any public record or copy thereof from any Court or office;
(e) issuing
commissions for the examination of witnesses or documents; and
(f) any
other matter which may be prescribed.
(2) The Commission shall have power to
require any person, subject to any privilege which may be claimed by that
person under any law for the time being in force, to furnish information on
such points or matters as, in the opinion of the Commission, may be useful for,
or relevant to, the subject-matter of the inquiry and any person so required
shall be deemed to be legally bound to furnish such information within the
meaning of Section 176 and Section 177 of the Pakistan Penal Code (Act XLV of
1860).
(3) The
Commission shall be deemed to be a Civil Court to the extent that is described
in Sections 175, 178, 179, 180 and 228 of the Pakistan Penal Code, 1860 (Act
XLV of 1860). If the offence is committed in the view or presence of the Commission,
the Commission may, after recording the facts constituting the offence and the
statement of the accused as provided for in the Code of Criminal Procedure, 1898
(Act V of 1898), forward the case to a Magistrate having jurisdiction to try
the same and the Magistrate to whom any such case is forwarded shall proceed to
hear the complaint against the accused as if the case has been forwarded to him
under Section 346 of the Code of Criminal Procedure, 1898 (Act V of 1898).
(4) Every
proceeding before the Commission shall be deemed to be a judicial proceeding
within the meaning of Sections 193,196 and 228 of the
(5) The
Commission shall be deemed to be a civil Court for the purposes of Section 195
and Chapter XXVI of the Code of Criminal Procedure, 1898 (Act V of 1898).
14.
Procedure with respect to armed forces.(1) Notwithstanding anything contained in any other law for the time
being in force while dealing with the complaints of human rights violations by
the members of the armed forces, the Commission shall adopt the following
procedure, namely:-
(a) it
may either on its own motion or on receipt of a petition, seek a report from
the Federal Government on complaint or violation;
(b) after
the receipt of the report it may either not proceed with the complaint or, as
the case may be, make its recommendations to the Federal Government,
(2) The
Federal Government shall inform the Commission of the action taken on the
aforesaid recommendations within three months or such extended time as the
Commission may deem appropriate.
(3) The
Commission shall publish its report together with its recommendations made
under paragraph (b) of sub-section (1) and the action taken by the Federal Government.
(4) The
Commission shall provide a copy of the report published under sub-section (3)
to the petitioner or his representative.
15. Procedure with respect to intelligence
agencies.(1) Notwithstanding
anything contained in this Act, the functions of the Commission do not include
inquiring into the act or practice of intelligence agencies and where a
complaint is made to the Commission alleging that an act or practice of such an
agency is inconsistent with or contrary to any human right, the Commission
shall refer the complaint to the competent authority concerned.
(2) The procedure thereafter shall be the
same as in sub-section (1) of Section 14 with respect to the armed forces.
16.
(2) If
at any stage during the course of proceedings at any meeting of the Commission,
it appears that a member has or may have a financial or personal interest which
may cause a substantial conflict of interests in the performance of his functions
as such, the member shall forthwith and fully disclose the nature of his interest
and absent himself from that meeting so as to enable the remaining members to
decide whether the member should be precluded from participating in the meeting
by reason of that interest. Such a disclosure and the decision taken by the
remaining members shall be entered on the record of the proceedings.
(3) If
a member fails to disclose any conflict of interest as required under sub-section
(2) and is present at a meeting of the Commission or in any manner participates
in the proceedings, such proceedings in relation to the relevant matter shall,
as soon as such non-disclosure is discovered, be reviewed and be varied or set aside
by the Commission without the participation of the member concerned and such
conduct on the part of the member shall be treated as misconduct.
17. Investigation.(1) Notwithstanding anything contained in any
other law for the time being in force, the Commission may, for the purpose of
conducting an investigation into a matter which is the subject of a complaint,
requisition the services of any officer or investigation agency of the Federal
Government or a Provincial Government with their concurrence.
(2) For the purposes of investigating into
any matter which is the subject of a complaint, any officer or agency whose
services are requisitioned under sub-section (1) shall, under the direction and
control of the Commission,
(a) summon
and enforce the attendance of any person and examine him;
(b) require
the discovery and production of any document; and
(c) requisition
any public record or copy thereof from any office.
(3) The
provisions of Section 13 shall apply in relation to any statement made by a
person before any officer or agency whose services are requisitioned under
sub-section (1), as they apply in relation to any statement made by a person in
the course of giving evidence before the Commission.
(4) The
officer or agency, whose services are requisitioned under sub section (1),
shall submit a report to the Commission within such period as may be specified.
(5) The
Commission shall consider the report submitted to it under sub-section (4) and,
after satisfying itself that the procedure prescribed by or under this Act has
been duly observed in the investigation, may proceed in accordance with the
provisions of Section 16.
18.
Steps after inquiry.The
Commission may take any of the following, amongst other, steps upon the
completion of an inquiry held under this Act, namely:-
(a) Where
the inquiry discloses the commission of violation of human rights or negligence
in the prevention of violation of human rights by a public servant, it may
recommend to the concerned Government or authority the initiation of
proceedings for prosecution or such other action as the Commission may deem fit
against the concerned person or persons;
(b) recommend
to the concerned Government or authority for the grant of such immediate
interim relief to the victim or the members of his family as the Commission may
consider necessary;
(c) provide
a copy of the inquiry report to the complainant or his representative;
(d) the
Commission shall send a copy of its inquiry report together with its recommendations
to the Government or authority which shall, within a period of one month or
such further time as the Commission may allow, submit its reply indicating the
action taken or proposed to be taken to implement the recommendations or
reasons why these cannot or should not be implemented; and
(e) the
Commission shall publish its inquiry report together with its recommendations
and the reply of the Government or authority thereto.
19. Statement made by persons to the
Commission.No statement made
by a person while giving evidence before the Commission shall subject him to or
be used against him in any civil or criminal proceeding except prosecution for giving
false evidence:
Provided that where
(a) it
is necessary to inquire into the conduct of any person; or
(b) the
reputation of any person is likely to be prejudicially affected by the inquiry,
it shall give an opportunity to such person
of being heard and to produce evidence in his defence, if any.
20. Commission to preserve identity.Where the Commission considers that the
preservation of the identity of a person who, has
(i) made
a complaint; or
(ii) furnished
or proposes to furnish information; or
(iii) produced
or proposes to produce a document; or
(iv) given
or proposes to give evidence; or
(v) made
or proposes to make a submission,
to the Commission or to a person acting for
or on behalf of the Commission, is necessary to protect the security of
employment, the privacy or any human right of the person, the Commission may
give directions prohibiting the disclosure of the identity of the person.
CHAPTER-V
HUMAN RIGHTS COURTS
21. Human Rights Court.For the purposes of speedy trial of offences arising
out of violation of human rights, the Federal Government may, in consultation with
Chief Justice of Islamabad High Court, by notification in the official Gazette,
specify a Court of Sessions to be the
Provided that nothing in this section shall
apply, if
(a) a
Court of Sessions is already specified as a special Court; or
(b) a
special Court is already constituted,
for such offences under any other law for the
time being in force.
22. Special prosecutors.The Federal Government, on the advice of the
Commission, shall, by notification in the official Gazette, appoint an advocate
from the list prepared by the Commission, who has been practicing as an
advocate for not less than seven years, to be the special prosecutor for the
purposes of conducting cases in that Court.
CHAPTER-VI
FINANCIAL PROVISIONS
23. Fund of the Commission.(1) There shall be established a fund to be
known as the National Commission for Human Rights Fund which shall vest in the
Commission and shall be used by the Commission to meet the charges in
connection with its functions under this Act.
(2) Source
of the Fund shall amongst other monies be the following, namely.
(a) such
sums as the Federal Government shall, after due appropriation made by the
Majlis-e-Shoora (Parliament) by law in this behalf, pay to the Commission by
any of grants such sums of money for being utilized for the purposes of this
Act;
(b) grants
and endowments and income therefrom; and
(c) all
other sums or properties which may in any manner become payable to, or vest in,
the Commission in respect of any matter.
(3) The
Commission, while performing its functions and exercising its powers under this
Act, shall exercise highest sense of prudence as far as expenditures are
concerned.
24. Expenditure to be charged on the Fund.The Fund shall be expended for the purposes
of
(a) paying
any expenditure lawfully incurred by the Commission, relating to remuneration
of its members, employees, advisors and consultants of the Commission including
legal fees and costs as well as other fees and costs;
(b) paying
any other expenses, costs or expenditure properly incurred or accepted by the
Commission in the performance of its functions or in the exercise of its powers
under this Act;
(c) purchasing
or hiring equipment, machinery and any other work and undertakings in the
performance of its functions or in the exercise of its powers-under this Act;
(d) repaying
any financial accommodation received; and
(e) generally,
paying any expenses for carrying into effect the provisions of this Act.
25. Power to obtain finances and receive
grants.The Commission may,
from time to time, obtain and receive unconditional grants or contributions
from donors and non-Governmental organizations in a transparent manner. No
contribution from any foreign source, private or Governmental, shall be
acceptable except after the approval of the Federal Government.
26. Accounts and audit(1) The Commission shall maintain proper accounts
and other, relevant records and prepare an annual statement of accounts in such
form as may be prescribed by the Federal Government in consultation with the Auditor-General
of Pakistan.
(2) The
accounts of the Commission shall be audited by the Auditor-General at such
intervals as may be specified by him.
(3) The
Auditor-General and any person appointed by him in connection with the audit of
the accounts of the Commission under this Act shall have the same rights and
privileges and the authority in connection with such audit as the
Auditor-General generally has in connection with the audit of Government's
accounts and in particular shall have the right to demand the production of
books, accounts, connected vouchers and other documents and paper and to
inspect any of the offices of the Commission.
(4) The
accounts of the Commission, as certified by the Auditor-General or any other
person appointed by him in this behalf, together with the audit report thereon
shall be forwarded annually to the Federal Government by the Commission and the
Federal Government shall cause the audit report to be laid, as soon as may be
after it is received, before each House of Majlis-e-Shoora (Parliament).
27. Financial freedom of the Commission.The Government shall allocate specific amount
of money for the Commission in each financial year and it shall not be
necessary for the Commission to take prior approval from the Government to
spend such allocated money for the approved and specific purposes.
CHAPTER-VII
MISCELLANEOUS
28. Annual and special reports of the
Commission.(1) The Commission
shall prepare an annual report at the end of the financial year and may at any
time prepare special reports on any matter which in its opinion is of
particular urgency or importance.
(2) The
Federal Government shall cause the annual report and the special reports to be
laid before the Majlis-e-Shoora (Parliament) within ninety and thirty days,
respectively, from the date of their receipt, alongwith a memorandum indicating
the action taken or proposed to be taken on the recommendations of the
Commission and reasons for non-implementation of the recommendations, if any.
(3) The
report shall be placed on the website of the Commission immediately after its
lying before the Majlis-e-Shoora (Parliament) for information of general public.
29. Appointment of officers and employees.(1) There shall be a Secretary of the
Commission as appointed under Section 3.
(2) The
Commission may, under this Act, appoint such officers and employees or
consultants as it considers necessary for the efficient performance of its
functions.
(3) Salary,
remuneration and other terms and conditions of the services of the officers and
employees of the Commission shall be determined by the Commission in
consultation with the Federal Government.
(4) The
Federal Government may, on request from the Commission, appoint any officer or
employees of the Federation to the Commission on deputation.
30. Indemnity.No suit, prosecution or legal proceedings
shall lie against the Commission, the Chairperson or any member, officer,
servant, advisors or consultant of the Commission in respect of anything in
good faith done or intended to be done under this Act or the rules made
thereunder or order made or published by or under the authority of the Federal
Government, a Provincial Government, Commission or any report, paper or
proceedings.
31. Members and officers to be public
servants.Every member of the
Commission and every officer appointed or authorized by the Commission to exercise
functions under this Act shall he deemed to be a public servant within the meaning
of Section 21 of the Pakistan Penal Code, 1860 (Act XLV of 1860).
32. Validity of proceedings.No act or proceedings of the Commission shall
be invalid by reason only of the existence of a vacancy in, or defect in the constitution
of, the Commission.
33. Power to make rules.(1) The Commission may in consultation with
the Federal Government and by notification in the official Gazette make rules to
carry out the purposes of this Act.
(2) In particular and without prejudice to
the generality of the foregoing power, such rules may provide for all or any of
the following matters, namely:-
(a) the
salaries and allowances and other terms and conditions of service of the
members as provided under Section 8;
(b) the
conditions subject to which other administrative, technical and scientific
staff may be appointed by the Commission and the salaries and allowances of
officers and other staff appointed under Section 29;
(c) the
form in which the annual statement of accounts is to be prepared by the
Commission under Section 26; and
(d) any
other matter which has to be, or may be, prescribed.
34. Power to remove difficulties.If any difficulty arises in giving effect to
the provisions of this Act, the Federal Government may, by order published in
the official Gazette, make such provisions not inconsistent with the provisions
of this Act as appears to it to be necessary or expedient for removing the
difficulty:
Provided that this power shall be available
for a period of one year from the date of commencement of this Act.
------------------------
ACT NO. XVIII OF 2012
CONTEMPT OF COURT ACT, 2012
An Act to enact a law relating to contempt of
Court
[Gazette of
No.
F. 9(8)/2012-Legis.The
following Act of Majlis-e-Shoora (Parliament) received the assent of the
President on
WHEREAS it is expedient to repeal and
re-enact the law of contempt in exercise of the powers conferred by clause (3)
of Article 204 of the Constitution of the Islamic Republic of Pakistan;
It is hereby enacted as follows:-
1. Short
title, extent and commencement.(1) This Act may be called the Contempt of Court Act, 2012.
(2) It extends to the whole of
(3) It shall come into force at once.
2. Interpretation.In this Act, unless there is anything
repugnant in the subject or context,
(a) "judge"
includes all officers acting in a judicial capacity in the administration of
justice; and
(b) judicial
proceedings in relation to any matter shall be deemed to be pending from the
time when a Court has come to be seized of the matter in a judicial capacity,
till such time as the appellate, revisional or review proceedings in respect of
the matter have come to an end or the period of limitation for filing such
proceedings has expired without any such proceedings having been initiated.
3. Contempt of Court.Whoever disobeys or disregards any order, direction
or process of a Court, which he is legally bound to obey or commits a willful breach
of a valid undertaking given to a Court or does anything which is intended to or
tends to bring the authority of a Court or the administration of law into
disrespect or disrepute, or to interfere with or obstruct or interrupt the
process of law or the due course of any judicial proceedings, or to lower the
authority of a Court or scandalize a judge in relation to his office, or to
disturb the order or decorum of a Court, is said to commit "contempt of Court":
Provided that the following shall not amount
to commission of contempt of Court, namely:-
(i) exercise
of powers and performance of functions by a public office holder of his
respective office under clause (1) of Article 248 of the Constitution for any
act done or purported to be done in exercise of those powers and performance of
those functions;
(ii) fair
comments about the general working of Courts made in good faith in the public
interest and in temperate language;
(iii) fair
comments on the merits of a decision of a Court made, after the pendency of the
proceeding in a case, in good faith and in temperate language;
(iv) subject
to a prohibition of publication under Section 9 or under any other law for the
time being in force, the publication of a fair and substantially accurate
report of any judicial proceedings;
(v) the
publication of any matter, amounting to a contempt of Court by reason of its
being published during the pendency of some judicial proceedings, by a person
who had no reasonable ground for believing that such judicial proceedings were
pending at the time of the publication of the matter;
(vi) the
distribution of a publication, containing matter amounting to contempt of Court,
by a person who had no reasonable ground for believing that the publication
contained, or was likely to contain, any such matter;
(vii) a
true averment made in good faith and in temperate language for initiation of
action or in the course of disciplinary proceedings against a judge, before the
Chief Justice of a High Court, the Chief Justice of Pakistan, the Supreme
judicial Council, the Federal Government or a Provincial Government;
(viii) a
plea of truth taken up as a defence in terms of clause (vi) in proceedings for
contempt of Court arising from an earlier averment unless it is false;
(ix) relevant
observations made in judicial capacity, such as, those by a higher Court on an
appeal or revision or application for transfer of a case, or by a Court in
judicial proceedings against a judge;
(x) remarks
made in an administrative capacity by any authority in the course of official
business, including those in connection with a disciplinary inquiry or in an
inspection note or a character roll or confidential report; and
(xi) a
true statement made in good faith respecting the conduct of a judge in a matter
not connected with the performance of his judicial functions.
4. Punishment.(1) Subject to sub-section (2), any person
who commits contempt of Court shall be punished with imprisonment which may
extend to six months simple imprisonment, or with fine which may extend to one
hundred thousand rupees, or with both.
(2) A
person accused of having committed contempt of Court may, at any stage, submit
an apology and the Court, if satisfied that it is bona fide, may discharge him or remit his sentence.
Explanation.The fact that an accused person genuinely
believes that he has not committed contempt and enters a defence shall not
detract from the bona fides of an
apology.
(3) In
the case of a contempt having been committed, or alleged to have been
committed, by a company, the responsibility shall extend to the persons in the company,
directly or indirectly, responsible for the same, who shall also be liable to be
punished accordingly.
(4) Notwithstanding anything contained in any
judgment, no Court shall have the power to pass any order of punishment for or
in relation to any act of contempt, save and except in accordance with
sub-section (1).
5. Jurisdiction.(1) A High Court or the Supreme Court, on its
own information or on information laid before it by any person, may take
cognizance of an alleged commission of contempt of the Court.
(2) The
Supreme Court shall have the power to take cognizance of any contempt of itself
or of any judge of the Supreme Court alleged to have been committed anywhere
and a High Court shall have the power to take cognizance of any contempt of
itself or of any judge thereof or of any other High Court or of any judge
thereof alleged to have been committed within the territorial limits of its
jurisdiction.
(3) A
High Court shall exercise the same jurisdiction in respect of contempts of Courts
sub-ordinate to it or to any other High Court as it exercises in respect of contempts
of itself.
(4) Nothing
contained herein shall affect the power of any Court to punish any offence of
contempt under the Pakistan Penal Code.
6. Bars to taking cognizance.(1) No High Court shall take cognizance under
this Act of a contempt alleged to have been committed in respect of a Court sub-ordinate
to it where the said contempt is an offence punishable under the Pakistan Penal
Code.
(3) No
Court shall take cognizance of contempt of Court arising from an averment made
in due course in appellate, revisional or review proceedings, till such proceedings
have been finalized and no further appeal, revision or review lies.
(a) until the petition to
which the averment relates has been finally disposed of; or
(b) otherwise than under the
orders of the Chief Justice of the High Court, the Chief Justice of Pakistan,
the Supreme Judicial Council, the Federal Government or the Provincial
Government, as the case may be.
7. Procedure for Supreme Court and High
Court.(1) Whenever it
appears to the Supreme Court or a High Court that there is sufficient ground
for believing that a person has committed contempt of Court and that it is
necessary in the interest of effective administration of justice to proceed
against him, it shall make an order in writing to that effect setting forth the
substance of the charge against the accuse, and, unless he is present in Court,
shall require by means of an appropriate process that he appears or be brought
before it to answer the charge.
(2) The
Court shall inform the accused of the ground on which he is charged with
contempt of Court and call upon to show-cause why he should not be punished.
(3) The
Court, after holding such inquiry and taking such evidence as it deems
necessary or is produced by the accused in his own defence and after heading the
accused and such other person as it deems fit, shall give a decision in the
case:
Provided that, in any such proceedings,
before the Supreme Court or High Court, any finding given in its own
proceedings, by the Supreme Judicial Council about the nature of an averment
made before it, that is relevant to the requirements of clause (vi) of the
proviso to Section 3, shall be conclusive evidence of the nature of such
averment.
(4) If
contempt of Court is committed in the view or presence of the Court, the Court
may cause the offender to be detained in custody and, at any time before the
rising of the Court on the same day, may proceed against him in the manner provided
for in the preceding sub-Sections.
(5) If
any case referred to in sub-section (4) cannot be finally dispose of on the
same day, the Court shall order the release of the offender from custody either
on bail or on his own bond.
8. Transfer of proceedings for reasons
personal to the judge.(1)
Where, in a case in which a judge has made an order under sub-section (1) of Section
7, not being a case referred to in sub-section (4) of that section, the allege
contempt of Court involves scandalization personal to such judge and is not
scandalization of the Court as a whole or of all the judges of the Court, judge
shall forward the record of the case and such comments, if any, as he deems fit
to make, to the Chief Justice of the Court.
(2) On receipt of the papers, mentioned in
sub-section (1), the Chief Justice, after inviting, if he deems fit, further
comments, if any, from the judge first taking of the offence and making such
inquiry in such manner as he deems fit, shall pass orders specifying which one
of the following shall hear the case
(a) another
judge, which if the Chief Justice so orders, may be the Chief Justice; or
(b) a
Bench of judges set up by the Chief Justice, of which the judge first taking
cognizance of the offence is not a member,
and the case shall then be heard accordingly.
(3) If,
at any stage of a case in which the Chief Justice has passed an order under
clause (a) of sub-section (2), the Chief Justice is of opinion that, in the interest
of justice, the case shall be transferred to another judge, he may pass an order
accordingly and the case shall then be heard by such other judge.
(4) When,
in pursuance of an order under sub-section (2), the judge first taking
cognizance of the case is not hearing the case,
(a) the
other judge or, as the case may be, the Bench of judges hearing the case may
invite or receive any further comments from the judge first taking cognizance
of the offence and shall call and hear any witnesses whom such judge desires to
be examined; and
(b) all
comments furnished by the judge first taking cognizance of the offence shall be
treated as evidence in the case and such judge shall not be required to appear
to give evidence.
(5) When
in a case the first cognizance of the offence has been taken by the Chief
Justice, the functions of the Chief Justice, under sub-Sections (1), (2) and (3)
shall be performed by a Bench of judges composed of the two next most senior judges
available.
9. Proceedings in camera and prohibition of
publication of proceedings.In
case of proceedings for transfer of a hearing under Section 8 or of any
proceedings in which truth is pleaded as a defence in terms of clause (vi) of the
proviso to Section 3, the Court, if it deems it fit in the public interest, may
hear the case or any part thereof in camera and prohibit the publication of the
proceedings of the case or any part thereof.
10. Expunged material.No material which has been expunged from the
record under the orders of
(a) a
Court of competent jurisdiction; or
(b) the
presiding officer of the Senate, the National Assembly or a Provincial Assembly,
shall be admissible in evidence.
11. Appeal and limitation for appeal.(1) From an original order passed by the High
Court under this Act an appeal shall lie, if the order is passed by a single judge,
to a Division Bench, and if it is passed by a Bench of two or more judges, to the
Supreme Court.
(2) An
appeal shall lie to the Supreme Court from an order passed by a Division Bench
of a High Court in appeal against an order passed by a single judge.
(3) An
intra-Court appeal shall lie against the issuance of a show-cause notice or an
original order including an interim order passed by a Bench of the Supreme
Court in any case, including a pending case to a larger Bench consisting of all
the remaining available judges of the Court within the country:
Provided that in the event the impugned show-cause
or order has been passed by half or more of the judges of the Court, the matter
shall, on the application of an aggrieved person, be put up for re-appraisal
before the full Court:
Provided further that the operation of the
impugned show-cause notice or order shall remain suspended until the final
disposal of the matter in the manner hereinbefore provided.
(4) An
appeal under sub-section (1) or sub-section (2) shall be filed
(a) in the case of an appeal
to a Bench of the High Court, within thirty days; and
(b) in the case of an appeal
to the Supreme Court, within sixty days, from the date of the order appealed
against,
(5) An
intra-Court appeal or application for re-appraisal shall be filed within thirty
days from the date of show-cause notice or the order, as the case may be.
12. Power to make rules.The Federal Government may make rules, not
inconsistent with the provisions of this Act, providing for any matter relating
to the procedure.
13. Repeal.(1) The Contempt of Court Ordinance, 2003 (V of 2003) is hereby
repealed.
(2) For removal of doubt it is hereby
declared that the Contempt of Court Act, 1976 (LXIV of 1976), the Contempt of
Court Ordinance, 2003 (V of 2003) and the Contempt of Court Ordinance, 2004 (I
of 2004) stand repealed.
-----------------------
RULES, 2012
FEDERAL LEVIES FORCE (SERVICE) RULES, 2012
[Gazette of
S.
R. O. 954 (I)/2012, dated 28.6.2012.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 (Service) Rules, 2012.
(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 Rules 4;
(b) "Commandant"
means Commandant of the Force, who shall be Political Agent of the Agency or,
as the case may be, District Coordination Officer 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 of 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;
(1) "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
(b) no
candidate shall be appointed to a post unless he is found, after medical
examination, to be in good mental and bodily health and free from physical
defect, likely to interfere in the efficient discharge of his duties;
(c) Medical
Superintendent of the respective
(d) recruitment
to all ranks of the Force shall be made from amongst those persons having a
minimum height 5'-5" and chest measurement of 32"-34" 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) the
upper age limit may be relaxed upto three years in special circumstance and in
case of ex-servicemen upto five years by the competent authority;
(f) on
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
or sub-section of the tribes, not being his relative and who are well acquainted
with his character; and
(g) 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 of these rules.
(3) Appointment
shall be made through a duly constituted Selection Committee.
5. Probation.(1) All selected personnel of the Force shall
remain on probation for 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.
(2) All promotions shall be on probation for a
period of one year from the date of promotion and may be reverted to the former
rank if they fail to maintain the prescribed standard of conduct and
efficiency. All reversion orders shall carry reasons thereof in writing.
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
(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 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 expiration 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.Promotion shall be strictly on seniority-cum-fitness
basis as well as on the required length of service as specified in Schedule-I.
The service of personnel by initial recruitment or promotion 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. A seniority list shall be maintained at District, Agency or
Frontier Region level.
9. Transfer during service.Members of the Force shall be liable to
transfer 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 themselves regarding
punishable acts (as referred to in Schedule-II) through a proper inquiry, the
necessary punishment specified in Schedule-III may be awarded by the competent
authority. A person to whom punishment is awarded shall be given an opportunity
to show-cause in writing. However, in circumstances where it is not possible to
adopt this procedure the competent authority, for reasons to be recorded in
writing, may dispense with such requirement.
11. Appeal.If a Force personnel is aggrieved by any order under these rules, he
may within thirty days of communication to him of such order, prefer appeal to
the competent authority. Force personnel may file a revision petition to the
next higher authority within thirty days of the receipt of decision of appeal
or sixty days of the preference of appeal, whichever is earlier,
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 after approval from the Government.
(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 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. Leave.(1) Earned 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 competent authority. 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 Civil Surgeon concerned.
15. Salary.The Force personnel shall be entitled to receive pay and allowances as
per their pay scales notified by the Government from time to time.
16. Retirement.The Force personnel shall retire from service
on attaining the age of superannuation i.e. 60 years or he may opt for
retirement after completing 25 years of regular service.
17. Extension in Service.No extension in service shall be granted at
any cost whatsoever.
18. Conduct.The conduct of Force personnel shall be regulated by rules made, or
instructions issued by Government.
19. Gratuity and pension.All Force personnel will be entitled to pension
as per prevailing 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 duly as per rates prescribed by the Government.
(2) Force
personnel shall be grunted 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 for rendering minimum service of ten years.
(3) Sons
and wards of such martyred and incapacitated Force Personnel shall be given
preference in recruitment of Force personnel for compensating the family
martyr.
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 Government.
(2) A special welfare funds for Force
personnel shall be created by the Government at Federal level with monthly
contribution from all Force 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 at Government hospitals and dispensaries at
par with other employees of the 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.
(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, both
and armory etc.
(3) Every
personnel of the Force shall wear prescribed uniform alongwith all accessories
at the time of duty, during duty hours and beyond if assigned special duty.
(4) Duty
registers showing the duties assigned to each individual on day to day basis
shall be maintained in each levy post by a muharrir.
(5) Naib
Subedar shall be responsible for carrying out the work assigned to Force
personnel whose duties shall be intimated in advance with written entry in the
duty register.
(6) Such
registers including roznamchas as
prescribed by the Commandant shall be maintained in every post.
(7) Sub-divisional
magistrates, tehsildars and naib tehsildars shall in the course of
their tours, inspect levy duty register and roznamchas
and satisfy themselves that Force Personnel are carrying out their respective
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 Force duty register. Matter shall be reported to Assistant
Director or District Commandant within twenty four hours for appropriate
action.
24. Anomalies.An Anomaly Committee shall be set up in the States
& Frontier Regions Division to correct anomalies, if any.
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)
|
S. No. |
Post/Rank |
Eligibility
for promotion |
Promotion Quota |
Direct Quota |
Qualification |
|
1. |
Subedar Major (BS-16) |
5 years service as Subedar or 10 years service in his
credit |
100% |
-- |
|
|
2. |
Subedar (BS-13) |
5 years service as Naib Subedur or 8 years service in
his credit |
100% |
-- |
|
|
3. |
Naib Subedar (BS-11) |
5 years service as Havaldar |
100% |
-- |
|
|
4. |
Havaldar (BS-8) |
3 years service as Sepoy and above rank |
100% |
-- |
|
|
5. |
Naik (BS-7) |
3 years service as Sepoy or Lance Naik |
100% |
-- |
|
|
6. |
L/Naik (BS-6) |
2 years service as Sepoy |
-- |
-- |
|
|
7. |
Sepoy (BS-5) |
-- |
-- |
100% |
Middle pass preferably Matric |
|
8. |
Assistant (BS-14) |
5 years service as Senior Clerk |
50% |
50% |
B.A. for equivalent for direct recruitment |
|
9. |
Senior Clerk (BS-9) |
5 years service as Junior Clerk |
-- |
-- |
F.A. or equivalent (Preferably know Typing/Computer) |
|
10. |
Junior Clerk (BS-7) |
-- |
10% from lower staff with Matric |
90% |
Matric or equivalent (Preferably know
Typing/Computer) |
|
11. |
Driver (BS-5) |
-- |
-- |
100% |
Driving License/Driving Experience |
|
12. |
Tracker (BS-2) |
5 years service in BS-1 |
10% |
90% |
|
|
13. |
Bahishti (BS-1) |
-- |
-- |
100% |
Literate |
|
14. |
Sweeper (BS-1) |
-- |
-- |
100% |
Literate |
SCHEDULE-II
[See
Rule 10]
Grounds
of Penalty
The concerned authority may impose one or
more penalties (as specified in Schedule-III of these rules), 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 negligence or lack of maintenance;
(f) is
grossly insubordinate to this 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 duly to defend;
(i) is
engaged in propagation of sectarian, parochial, anti-state views and
controversies;
(j) is
engaged or is reasonable 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 out
procession lo press for the demands;
(l) is
guilty of omission and commission under the law and rules.
SCHEDULE-III
[See
Rules 10]
Punishment and Competent Authority
|
S. No. |
Punishment |
Subedar Major & Subedar |
Naib Subedar or Havaldar |
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 |
Director |
Deputy Director |
Assistant Director |
Subedar Major |
|
3. |
Censure |
-do- |
-do- |
-do- |
-do- |
|
4. |
Fofeiture of approved service upto two years |
-do- |
-do- |
-do- |
-do- |
|
5. |
Stoppage of increment not exceeding one months pay |
-do- |
-do- |
-do- |
-do- |
|
6. |
Fine of any amount not exceeding one months 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- |
----------------------------
ACT No. XX OF 2012
SPECIAL ECONOMIC ZONES ACT, 2012
An Act to provide for setting up and
operation of special economic zones in
[Gazette of
No.
F. 22(7)/20L2-Legis.The
following Act of Majlis-e-Shoora (Parliament) received the assent of the
President on
WHEREAS it is necessary and expedient to
promulgate a law for the creation, development and efficient operation of
special economic zones through provision of a legal and regulatory frame work
to encourage domestic and international investors for promotion and
establishment of industrial infrastructure and for other matters connected or
ancillary thereto;
It is hereby enacted as follows:-
1. Short title, extent and commencement.(1) This Act may be called the Special
Economic Zones Act, 2012.
(2) It
extends to the whole of
(3) It
shall come into force on such date as the Federal Government may, by
notification in the official Gazette, appoint and different dates may be
appointed for coming into effect of different provisions of this Act and any
reference to commencement shall generally refer to the commencement of this Act
but commencement of any provision that comes into force subsequent to the
general commencement shall be treated from the date of coming into force of the
respective provision and not the general commencement.
2. Act to override other laws.The provisions of this Act shall have force
notwithstanding anything to the contrary contained in any other law for the time
being in force.
3. Definitions.In this Act, unless there is anything
repugnant in the subject or context,
(a) "Approvals
Committee" means the committee constituted under Section 7;
(b) "arbitration"
shall include arbitration under the applicable laws of Pakistan as well as
arbitration under any applicable international regime, whether selected
contractually through an agreement in writing or available to a party or
parties as a result of an international agreement accorded or ratified;
(c) "BOA"
means the Board of Approvals constituted under Section 5;
(d) "BOI"
means the Board of Investment established under the Board of Investment Ordinance,
2001 (XV of 2001);
(e) "capital
equipment" means plant, machinery or equipment, accessories, and component
part of machinery and equipment identifiable for use in or with machinery
required for economic activities and machinery includes machinery and equipment
of any description, such as is used in industrial process, manufacture,
production or processing of other goods and rendering services, except the
goods that are consumed in the manufacturing, production of processing of goods
or provision of services;
(f) developer"
means an enterprise which has entered into a development agreement with a SEZ
Authority;
(g) "development
agreement" means a duly approved agreement between SEZ authorities and
agreed to and endorsed by the BOA and a developer that authorises a developer
to develop, establish and operate a SEZ;
(h) "economic
zone" means a geographically defined and delimited area which has been
notified and approved for economic, industrial and commercial activities;
(i) "existing
zones" means the export processing zones, industrial zones and other
similar entities in existence at the time of the commencement of this Act and
includes but not limited to the following, namely:-
(i) "export processing zones" means
and economic zone which is established under the Export Processing Zones
Authority Ordinance, 1980 (IV of 1980);
(ii) "extra-territorial zone" means an
economic zone of a type that is to be deemed to be outside the customs
(iii) "free trade zone" means an
economic zone that shall be deemed to be outside the customs territory of
Pakistan with respect to which the BOA shall approve special facilities for
trade, transshipment and re-export operations in accordance with applicable
legislation as for the time being in force in Pakistan;
(iv) "hybrid export processing zone"
means an economic zone that shall be deemed to be outside the customs territory
of Pakistan in which goods are manufactured and from which services are
provided, both for exportation to countries other than Pakistan as well for
export into Pakistan;
(v) "multilateral economic zone"
means an economic zone in which all zone enterprises are required to be
beneficially owned by national, residents or corporate entities of one or more
particular countries;
(vi) "reconstruction opportunity zone"
means an economic zone from which the exports of goods and services has been
recognized by any country or jurisdiction other than Pakistan as being eligible
for reduced tariff duties and other benefits;
(vii) "regional development zone" means
an economic zone wherein economic activates are promoted so as to develop
particular regions and industries; and
(viii) "sector development zone" means a
regional development zone in which permissible economic activity shall be limited
to one or more sectors as notified by the BOA;
(j) "misconduct"
means any conduct of a member or Chairperson of the Provincial SEZ Authority
that is prejudicial to the good order and management of the SEZ Authority or a
SEZ and includes but not limited to the following, namely :-
(i) a failure to disclose an interest of the
member or Chairperson in a transaction related to a SEZ or an interest of the
member's parent, spouse, brother, sister, child, or spouse of a parent,
brother, sister or child;
(ii) any act or omission which is ultra vires of
this Act;
(iii) any act or omission which lacks good faith;
or
(iv) any act or omission which is inconsistent
with the fiduciary duties of such member or Chairperson;
(k) "Provincial
investment promotion authority" means an investment promotion agency, by
whatever name called, formed by a Province to work as local authority to
promote domestic and foreign investment in that Province such as Sindh Board of
Investment established in Sindh and Punjab Board of Investment and Trade or any
other similar entity;
(l) "SEZ
Authorities" mean the Provincial SEZ Authorities established under Section
10;
(m) "SEZ
Committee" means the authority chartered by the BOA at each SEZ under Section
23;
(n) "special
economic zone" or "(SEZ)" means a geographically defined and
delimited area which has been notified and approved by the BOA. The SEZs shall
be deemed to be outside the customs
(o) "zone
admission criteria" means the criteria under this Act and to be applied by
developers in deciding whether or not to admit an enterprise into a particular
SEZ including thereof zone approval criteria that means the criteria to be
applied by the SEZ Authority and the BOA in deciding whether to allow or not to
allow a particular area to be developed as a SEZ;
(p) "zone
application" means an application submitted in accordance with the
provisions of this Act by an SEZ Authority seeking the notification of an area
as a special economic zone;
(q) "zone
development plan" means a business plan for developing a SEZ;
(r) "zone
enterprise" means an enterprise admitted into a SEZ by a developer; and
(s) "zone
regulations" mean regulations made under this Act.
4. Establishment of special economic zones.The Federal Government and Provincial
Governments may establish special economic zones by themselves or in
collaboration with private parties under various modes of collaboration
including public-private partnership or exclusively through the private parties
as provided under this Act.
5. Board of Approvals.(1) There shall be a Board of Approvals, hereinafter
called BOA, consisting of
(i) the
Prime Minister of Pakistan who shall be the Chairperson of the BOA;
(ii) the
Minister for Finance who shall be the Vice Chairperson of BOA;
(iii) the
Minister for Industries;
(iv) the
Minister for Production;
(v) the
Minister for Commerce;
(vi) the
Minister for States and Frontier Regions Division;
(vii) two
members of Majlis-e-Shoora (Parliament) to be nominated by the Prime Minister
(one from each House);
(viii) the
Chairman of the BOI;
(ix) the
Deputy Chairman Planning Commission;
(x) the
Chief Minister of each Province;
(xi) the
Chairman of the Federal Board of Revenue;
(xii) Governor,
State Bank of
(xiii) Secretary
BOI;
(xiv) executive
heads of the Provincial investment boards by whatever names known or if no such
board is established a nominee of the Government of such Province, having
adequate relevant professional experience, the tenure of such nominees shall be
three years;
(xv) the
President of the Federation of the Pakistan Chambers of Commerce and Industry;
(xvi) the
President of the Pakistan Business Council;
(xvii) the
President of the Overseas Chamber of Commerce and Industry; and
(xviii) a
professional having relevant adequate experience to be nominated by the Prime
Minister of Pakistan.
(2) The
meeting of the BOA shall be convened on the orders of the Chairman BOA or on
the recommendations of BOI or the Provincial SEZ Authority.
(3) The
BOA shall meet as frequently as required but not less than twice a year.
(4) Fifty
percent of the members shall constitute quorum of the BOA.
(5) Where
the Chairperson is not present, the Vice-chairperson shall chair the BOA's
meeting and if both are not available, a member designated by the Chairperson
shall preside.
(6) The
decisions of the BOA shall be taken by majority of the total membership present
and voting.
(7) The
BOA shall adopt its own rules of procedure.
(8) Secretary
BOI shall also act as Secretary of the BOA.
6. Functions and responsibilities of the
BOA.The BOA may
(a) approve
such regulations for the implementation of this Act as are applicable to all
SEZs or to a particular group of SEZ or a particular SEZ;
(b) approve
or reject zone applications;
(c) approve
or reject development agreements;
(d) examine
and decide upon policy issues submitted to it by SEZ Authorities or by
developers;
(e) co-opt
on the members of the Approvals Committee as necessary;
(f) notify
with approval of relevant authorities additional benefits under sub-section (2)
of Section 34;
(g) cancel
development agreement;
(h) review
and direct actions on annual reports submitted by SEZ Authorities;
(i) annually review the
implementation of this Act with a view to improving policies relating to SEZs;
and
(j) take any other steps it
deems appropriate in order to advance the objectives of this Act.
7. Approvals Committee.(1) There shall be an Approvals Committee that
shall be chaired by the Chairman of the BOI and shall consist of the following,
namely:-
(i) executive heads of the
Provincial investment boards or companies or agencies, and where these do not
exist a representative equivalent to a Provincial Secretary designated by the
concerned Province;
(ii) representatives of the
Ministries of Finance, Commerce, Industries, Production and States and Frontier
Regions Division not below the level of an Additional Secretary to the
Government;
(iii) private sector
representatives representing different sectors and regions to be notified and
two co-opted members by special invitation with a three-year term extendable at
the discretion of the BOA; and
(iv) with approval of BOA,
co-opted members from concerned Federal and Provincial Governments for specific
cases.
(2) The
Approvals Committee shall exercise all such powers and responsibilities as are
delegated to it by the BOA, subject to such conditions as it may deem fit.
(3) The
BOA may delegate all or any of its remaining powers and responsibilities to the
Approvals Committee.
(4) A
decision taken by the Approvals Committee shall be submitted to BOA at its
meetings or by circulation for approval.
(5) The
BOA may, at any time, exercise any responsibility or any power which it has
delegated to the Approvals Committee.
8. Functions of BOI.(1) The BOI as the Secretariat of BOA and
Approvals Committee shall
(a) be responsible for the
co-ordination of all activities pertaining to SEZs, developers and zone
enterprises, including the preparation of all documentation for consideration
by the BOA and for ensuring the implementation of all decisions of the BOA;
(b) process all zone
applications submitted by SEZ Authorities for consideration of BOA;
(c) process all applications
for additional incentives in accordance with sub section (2) of Section 34;
(d) review all development
agreements proposed by SEZ Authorities;
(e) be responsible for the
international and domestic promotion of investments into SEZs; and
(f) facilitate the
interaction of developers and zone enterprises with all other Federal, Provincial
and other Governmental authorities as well us with international financial and
developmental institutions.
(2) BOI
shall act as SEZ Authority for the
(3) BOI
shall support and facilitate the SEZ Authorities, if requested.
9. Responsibilities of Provincial investment
promotion authorities.(1) A
Provincial investment promotion authority shall be responsible within its
Province of jurisdiction for the following, namely:-
(a) to assist in the operation
of the Provincial SEZ Authorities;
(b) to be the focal entity
responsible for the investment promotion;
(c) may assist the SEZ
Authorities and the developers in acquisition and other land related matters
including but not limited to necessary easement issues;
(d) to
ensure infrastructure development linkages between authorities within the SEZ;
and outside the SEZ;
(e) to
facilitate the developers and zone enterprises in dealing with all Provincial Governmental
authorities for smooth and systematic resolution of issues as and when they
arise; and
(f) to
facilitate the developers and enterprises in complying with environmental
regimes and social development.
10.
SEZ Authority.(1) There shall be established for each
Province, an authority to be known as the SEZ Authority of that Province.
(2) Every
SEZ Authority shall be a body corporate by the name aforesaid, having perpetual
succession and a common seal, with a power, subject to the provisions of this
Act and any regulations, to acquire, hold and dispose of property, both movable
and immovable, and to contract and shall, by the said name, be entitled to sue
and to be sued.
(3) Each
SEZ Authority shall consist of
(a) a
Chairperson, who shall be the Chief Minister of the concerned Province or a
person appointed by the Chief Minister;
(b) a
Vice-Chairperson, who may be the Minister or the Advisor in charge of the
investment department and where no such department exists, any member of the
Provincial cabinet nominated by the Chief Minister of the concerned Province;
(c) a
Chief Executive Officer who may be appointed by the Chief Minister of the
Province concerned and may be the Secretary of the SEZ Authority;
(d) Secretary
of the Provincial investment department and where no such department exists,
the executive head of the Provincial investment promotion authority by whatever
name it exists;
(e) Secretaries
of the Provincial industries, finance, commerce, investment, works and
services, livestock, agriculture and planning and development departments;
(f) two
members to be appointed by the Chief Minister of the Province concerned and two
other members to be appointed by the BOA; and
(g) a
member to be appointed by the concerned Chamber of Commerce and Industry where
the SEZ is proposed. If there is no Chamber of Commerce then a member of the
Chamber of Commerce of that respective area to be appointed.
(4) Each
SEZ Authority may acquire land in its respective Province in accordance with
the Land Acquisition Act, 1894 (I of 1894).
(5) Each
SEZ Authority shall, subject to the approval of BOA, establish its rules and
procedures.
(6) Where
the Chairperson is not present, the Vice Chairperson shall chair the SEZ
Authority's meeting.
11.
Requirements for all zone applications.(1) Every zone application submitted for
approval to the BOA shall identify the type of SEZ proposed and include
(a) a
basic business concept or model for the proposed SEZ to be submitted;
(b) parameters
for zone admission criteria; and
(c) a
preliminary zone development plan which shall
(i) define the geographic boundaries of the
proposed SEZ;
(ii) set out the basic infrastructure
development requirements, both inside and outside the proposed SEZ, necessary
for the proper functioning of the proposed SEZ;
(iii) set
out the land requirements of the proposed SEZ;
(iv) set
out the manner in which land required shall be procured, including specifically
whether land will need to be acquired under the Land Acquisition Act, 1894 (I
of 1894); and
(v) set
out what criteria shall be applicable to the admission of zone enterprises into
that SEZ.
(2) The
zone application shall be submitted along with a proposed development agreement
under Section 14 and the criteria on which a developer shall be selected for
that SEZ.
12. Approval of zone applications.(1) All zone applications shall be submitted
to the BOA by the SEZ Authority of the Province in which the proposed SEZ shall
be located.
(2) The
BOA shall review every zone application submitted to it by the SEZ Authority to
ensure that the proposal is in conformity with the provisions of this Act, any
applicable regulations made under this Act and other applicable provisions of
law.
13. Approval of development agreements.(1) If a zone application is approved by the
BOA, the concerned SEZ Authority shall select a developer in accordance with
any applicable zone regulations except as provided in Section 4. Such zone
regulations shall require that envisaged development agreements be notified for
competitive bidding.
(2) After
negotiating a development agreement, the concerned SEZ Authority shall submit a
final agreement for approval to the BOA.
(3) There
shall be a provisional approval by the concerned SEZ Authority subject to
fulfillment of all such conditions necessary for final approval according to laid
down criteria.
(4) The
BOA may condition its approval of a development agreement on the fulfillment of
such conditions as it deems fit and according to the laid down criteria.
(5) After
final approval, the development agreement shall be signed jointly by the
Secretary of the BOA on behalf of the Federation of Pakistan and by the chief
executive officer of the concerned SEZ Authority on behalf of the respective Provincial
Government.
(6) If
the BOA does not approve a development agreement submitted to it, the concerned
SEZ Authority, that submitted the development agreement, may resubmit the
development agreement after either renegotiating the terms of the proposed
development agreement with the developer concerned or after reaching agreement
with a different developer selected in accordance with the applicable zone
regulations.
(7) In
case of any grievances, a developer may approach BOA directly or through the
SEZ Authority and BOA shall have the authority to consider, modify or set aside
any decision.
14. Simultaneous approval of zone application
and development agreement.The
SEZ Authority may simultaneously submit both a zone application and a
development agreement lo the BOA for provisional approval, provided that
(a) the
developer in question either owns all immovable property in the proposed SEZ or
holds leasehold rights; and
(b) no
additional incentives shall be granted by the SEZ Authority under sub-section
(2) of Section 34.
15. Approval of existing zones.(1) Any existing zone may apply to the SEZ Authority
in which it is located for submission of a zone application on its behalf.
(2) Subject
to applicable zone regulations, the SEZ Authority may choose to submit a zone
application with respect to an existing zone.
(3) The
BOA may approve a zone application with respect to an existing zone on such
terms and conditions as it deems appropriate, provided that all zone enterprises
in existing zones before the commencement of this Act exercises the option of
availing the benefits already enjoying or the benefits to be offered by this Act.
(4) The
existing zones shall not avail the two benefits simultaneously.
(5) Notwithstanding
anything contained in sub-section (3) only the new entrants and new industries
that have never availed any such benefits in the past are eligible for the
benefits of SEZ under this Act.
16.
Zone approval criteria.(1) The BOA shall issue general and
particular zone approval criteria for SBZ compatible with
(i) customs
procedures for imports into a SEZ and exports out of it; and
(ii) Pakistani
certificates of origin for exports issued by the respective Chamber of
Commerce.
(2) unless
otherwise decided by the BOA, the following provisions shall form part of the
zone approval criteria, namely:-
(a) a
SEZ shall have a minimum size of at least fifty acres;
(b) not
more than thirty percent of the entire area of a SEZ shall be used for
amenities (including commercial areas), infrastructure and residential or
labour colonies;
(c) public-owned
land, if used for SEZs shall be leased for a period of at least fifty years
extendable for further period as laid down by the competent forum;
(d) Developers
must undertake to comply with all environmental, labour and other applicable
legislation in force in
(e) zone
enterprises must begin construction of facilities within six months and assume
regular business operations within twenty-four months of their approval as zone
enterprises and after receipt of all required licences and permits;
(f) within
six months the developer is bound to take all necessary approvals to start
construction activities failing which that title will be withdrawn and
agreement will be terminated and land will be returned;
(g) title
to land may be registered in the name of zone enterprises only after they have
performed business operations in the SEZ concerned for at least six months;
(h) there
shall be no real estate activities in the zone as this would result in withdrawl
of the title of land and termination of the agreement; and
(i) articles
of association of the zone developer shall be approved by the Provincial SEZ
Authority in accordance with the regulatory framework prescribed by the BOA.
(3) In
case the SEZ Authority is satisfied with the justification put forward for
delay in performance of a responsibility by an enterprise in a SEZ, it may give
reasonable relaxation in time frame for performance of the particular
responsibility.
17.
Functions and powers of SEZ Authorities.The SEZ Authority shall be responsible to,
(a) prepare
zone applications in accordance with this Act and applicable zone regulations;
(b) select
developers in accordance with the provisions of this Act and the applicable zone
regulations;
(c) negotiate
development agreements in accordance with the provisions of this Act and
applicable zone regulations;
(d) assist
developers upon award of a development in acquiring land and accessing public
utilities in accordance with the zone development plan;
(e) prepare
zone regulations for particular SEZ;
(f) co-ordinate
with Federal and Provincial authorities and ensure the building of
infrastructure outside the boundaries of SEZ;
(g) serve
as liaisons and facilitating agencies in accordance with the provisions of Section
29;
(h) facilitate
the availability of public utilities to zone enterprises in accordance with the
zone development plan;
(i) liaise
with all relevant Federal and Provincial authorities to ensure the security of
SBZs;
(j) monitor
the proper implementation of streamlined administrative procedures in SEZs
under Section 28;
(k) monitor
the compliance of developers with zone regulations as well as the compliance of
developers with their obligations under development agreements and suspend
development agreements, in case of violation of terms of development agreement
by the developer, pending final decision by BOA.
(l) monitor
the compliance of zone enterprises with their obligations under zone
regulations;
(m) review
of the activities of the developers and zone enterprises regularly but not less
than once a year; and
(n) report
bi-annually to the BOA with respect to SEZs in the Provinces concerned.
18. Suspension and removal of members of SEZ
Authorities.(1) The Chief
Minister may order removal of either the Chairperson, if so appointed by him,
or any member of the Provincial SEZ Authority.
(2) If
either the Chairperson or any member of a Provincial SEZ Authority is removed,
their replacement shall be appointed by the Chief Minister.
19. Eligibility as developer.Unless otherwise decided by the BOA with
respect to a particular SEZ or type of SEZ, any entity shall be eligible as a developer
which is incorporated under the laws of
20. Responsibilities of developers.(1) With the exception of existing zones
which have been approved as SEZs, all SEZs shall be developed and operated by
developers within a specified time period as mentioned in the development agreement.
(2) All
developers shall
(i) implement their zone
development plans in accordance with the terms of their development agreement;
(ii) approve zone enterprises
and allot land to such enterprises in accordance with the applicable zone
admission criteria, zone regulations and the terms of the development
agreement; and
(iii) monitor and ensure the
compliance of zone enterprises with all applicable zone regulations.
(3) Subject
to default on the foregoing unless otherwise, the agreement shall stand
terminated.
21.
Development agreements.(1) Each development agreement shall
include--
(a) all undertakings of the
developer regarding the development and operation of the SEZ concerned, with
the zone development plan or business concept of proposed SEZ model as an
integral part of the development agreements; and
(b) all authorities conferred
on the developer with respect to the SEZ concerned, including specifically any
provisions pertaining to the developer's authority to
(i) admit enterprises into
the SEZ in accordance with the zone admission criteria and allot land to them
in accordance with agreed eligibility criteria and procedures;
(ii) act as a liaison and
facilitating agency between the relevant SEZ authority and zone enterprise;
(iii) all financial obligations
of the developer, including any obligation to make payment for the allocation of
land and provision of services by public authorities; and
(iv) clear
provisions regarding the responsibility of maintenance of infrastructure and
utility services.
(2) A
development agreement shall also include
(i) rights,
protections and entitlements of the developer with respect to the SEZ
concerned, established or allowed under this Act or any other applicable law:
(ii) rights,
protections and entitlements of zone enterprises in the SEZ concerned established
or allowed under this Act or any other applicable law, together with a
prescribed procedure for the invocation of such rights, protections and
entitlements by the developers;
(iii) provision
for the settlement of disputes, including disputes on behalf of zone
enterprises through arbitrations; and
(iv) rights
or titles and other legal authority of the Provincial SEZ Authorities superior
to it in terms of the provisions of this Act.
22.
Sanctions against developers.(1) The SEZ Authority may, if it is satisfied
after notice and a hearing that a developer is not acting in accordance with
the terms of its development agreement or is acting in violation of applicable
zone regulations or applicable legislation and has failed to rectify such
violation despite notice to this effect, suspend the development agreement of
that developer and move for cancellation of such agreement to the BOA or impose
such other penalty as may be provided under the applicable zone regulations or
the development agreement.
(2) Upon
receipt of an application from the Provincial SEZ Authority seeking
cancellation of a development agreement, the BOA shall give notice to the developer
concerned, asking it to show-cause why its development agreement should not be
cancelled or why such lesser penalty as may be provided under applicable zone
regulations should not be imposed.
(3) Pending
the final decision of the BOA on a proposal for cancellation of a particular
development agreement, the SEZ Authority may appoint an interim administrator
or take such interim measures as it is necessary to do so
(a) in
the public interest; or
(b) to
prevent any of the affairs of any SEZ being conducted in a manner detrimental
to the interests of stakeholders, zone enterprises or other persons whose
interest are likely to be affected or in a manner prejudicial to the interests
of the SEZ.
(4) Pending
the final decision of the BOA, on a proposal for cancellation of a particular
development agreement, the SEZ Authority may, if it is satisfied that it is
necessary to secure the proper management of any zone, issue directions to developers
generally or to any developer in particular to carry out such changes as are
necessary to rectify the situation and the developers shall be bound to comply with
such directions.
(5) Following
a hearing in person, in which the developer may be represented by counsel, the
BOA may impose such penalty as is provided by the applicable zone regulations
or the development agreement, which may include cancellation of a development
agreement or cancellation of any benefits allowed to a developer, provided that
any cancellation of benefits to a developer shall be without prejudice to the
rights and privileges of zone enterprises.
(6) The
BOA may only cancel a development agreement if it finds that
(i) the
developer has violated its development agreement; and
(ii) that
the developer has failed to rectify such violation despite notice.
(7) In
addition to the rights of a developer to seek relief through arbitration, a
developer aggrieved by any decision of the BOA, BOI or by the imposition of
sanction by the SEZ Authority or by the suspension or cancellation of its
development agreement may appeal before the High Court of the relevant
Province.
23. SEZ committees.(1) The BOA shall charter an SEZ Committee for
each SEZ as per the applicable zone regulations.
(2) The
membership of a SEZ committee shall consist of representatives from the
developer, BOI, Provincial investment promotion agency, SEZ Authority and
concerned district Government. The developer shall appoint the chairperson of the
committee.
(3) Each
SEZ committee shall have responsibilities to administer and enforce SEZ
benefits and rules as well as provide facilitation between the SEZ, its enterprises
and the Government with responsibilities including to--
(a) examine
and approve SEZ entry applications in accordance with zone admissions criteria;
(b) provide
for certification of zone enterprises;
(c) conduct
oversight of enterprises;
(d) enforce
the building code of the SEZ;
(e) coordinate
between the developer and Government entities and utility providers during
construction;
(f) assist
Zone enterprises in obtaining approvals and registrations;
(g) serve
as the point of contact between the zone enterprise and utility providers; and
(h) facilitate
between enterprises and Government regulators and tax authorities.
(4) SEZ
Committees shall execute their responsibilities according to their standard
operating procedure in accordance with zone regulations.
24. Admission of zone enterprises.(1)
(2) Any enterprise which is refused admission into
a SEZ by a developer may appeal to the SEZ Authority of the relevant Province,
which shall have the power to direct the relevant developer lo allow admission
to the enterprise in question in accordance with the applicable zone
regulations and development agreement.
25. Sanctions against zone enterprises.(1) The BOA shall issue zone regulations
which provide for sanctions against zone enterprises and the manner in which
such sanctions may be imposed.
(2) The
BOA may, with respect to particular SEZs, delegate its authority under
sub-section (1) to SEZ Authorities.
(3) The
SEZ Authority may if it is satisfied that it is necessary to do so to secure
the proper management of any zone enterprise, issue directions to zone enterprises
generally or to any zone enterprise in particular to carry out such changes as
are necessary to rectify the situation and the zone enterprise shall be bound
to comply with such directions.
(4) The
SEZ Authority may only expel a zone enterprise from a SEZ if it finds that
(i) the
zone enterprise is in violation of its obligations; and
(ii) the
zone enterprise has failed to rectify such violation despite notice.
(5) The
SEZ Authority may appoint an interim administrator or take such interim
measures for a period of not more than one month if it is satisfied that it is necessary
to do so--
(i) in
the public interest; or
(ii) to
prevent any of the affairs of any SEZ being conducted in a manner, detrimental
to the interests of stakeholders, developers, zone enterprises or persons whose
interests are likely to be affected or in a manner prejudicial to the interests
of the SEZ.
(6) The
action taken by the SEZ Authority in accordance with sub-section (5) shall be
referred to BOA within seven days for ratification by BOA, The BOA shall decide
the matter and issue the guidelines and instructions about operations of zone
enterprise within fifteen days.
26. Land regime.(1) The Provincial Government of each
Province or any concerned authority shall nominate, for each SEZ, a
sub-registrar who shall be the exclusive authority with which all documents
relating to that SEZ shall be liable to be registered under this Act, zone
regulations and any other applicable law.
(2) Notwithstanding
any other law in force, a developer may not sell, sub-lease or otherwise
transfer any rights with respect to any immovable property within a SEZ except
through a duly registered instrument.
27. Public utilities and transportation links.(1) Unless provided otherwise in a particular
development agreement, it shall be the responsibility of
(i) the
Federal and Provincial Governments to ensure the provision of gas, electricity
and other utilities at the designated zero point of each SEZ;
(ii) the
Federal and Provincial Governments to ensure adequate road access to the SEZ;
and
(iii) each
developer to ensure, within a particular SEZ, the supply of gas and electricity
to all zone enterprises as well as the availability of all other public
utilities required for such areas as envisaged in the development agreement.
(2) Unless
provided otherwise in a particular development agreement and notwithstanding
anything to the contrary contained in the Regulation of Generation.
Transmission and Distribution of Electric Power Act, 1997 (XL of 1997), each
developer shall have the right to set up a captive electric power generation plant
or install a hydel power generator of sufficient size to cater to the expected demand
for electricity within a particular SEZ and to sell and distribute only the excess
electricity so generated within and outside that particular SEZ in accordance with
the applicable regulations.
28. Applicable operating administrative
procedures.(1) The BOA, the
BOI and the SEZ Authorities shall promote the adoption of simplified administrative
procedures for SEZs and zone enterprises with the relevant Federal and
Provincial authorities and agencies. Such procedures shall in particular
facilitate the
(i) issuance
of licences, permits and other approvals to zone enterprises required for their
business activities;
(ii) satisfaction
of customs and other export or import requirements by zone enterprises;
(iii) fulfillment
of tax obligations by zone enterprises; and
(iv) authorization
of electronic communications and Modes of e-governance.
(2) Procedures
under sub-section (1) shall endeavour to
(i) substitute
notifications and registrations for licence, permit and other approval
requirements; and
(ii) authorize
approvals on a no objection basis within a specified period.
29.
Assistance by the BOI and SEZ
Authorities.(1) The BOI
shall act as a liaison and facilitating agency between,
(i) all
Federal Ministries, authorities and agencies; and
(ii) SEZ
Authorities, developers and zone enterprises.
(2) The
BOI shall act as a one stop shop in its responsibilities under sub-section (1).
(3) The
SEZ Authorities shall act as a liaison and facilitating agency between
(i) all
departments, authorities and agencies of the relevant Province, including all
local Government and municipal authorities and agencies; and
(ii) developers
and zone enterprises.
(4) To
the extent practicable, SEZ Authorities in the Provinces or in any other area
shall seek to enter into administrative arrangements with tax, customs, labour
and other authorities under which SEZ authorities may exercise certain administrative
functions on behalf of such authorities, which arrangements may include a
secondment of officials with decision-making power from such authorities to SEZ
Authorities.
(5) All
Federal and Provincial Ministries and departments, authorities and other
agencies shall fully co-operate with the BOI and SEZ Authorities in facilitating
the activities of developers and zone enterprises and carry out the requisite
functions within the time frame stipulated under the regulatory framework
prescribed by BOA for the implementation of this Act.
30. Labour laws.All labour and employment laws of
31. Employment of key persons.Notwithstanding anything contained in any
other law, the BOA may issue special rules for the employment by zone enterprises
of key managerial and technical persons who are not citizens of Pakistan, relating
to the terms and conditions of their contracts as well as with respect to the issuance
of visas, temporary residence permits and temporary work permits for such key
persons and their dependents provided further that such rules shall only be issued
after consultation with
(i) the
Ministry of Interior;
(ii) the
Ministry of Foreign Affairs; and
(iii) such
other Ministry or Department as the BOA may direct.
32. Security.(1) Each Province or any concerned authority
shall be responsible for providing security for the protection of SEZs.
(2) Pending
the creation of a special police force, each Province or any concerned
authority shall designate special police units responsible for the protection of
SEZs within that area.
33. Extra territoriality of SEZs.(1) Subject to the concurrence of the Federal
Board of Revenue, every extra-territorial zone shall from the dale of its approval
by the BOA onwards, be deemed to be a "customs-port" under Section 9 of
the Customs Act. 1969 (IV of 1969), upon notification by the Federal Board of Revenue.
(2) Any
transport of goods and provision of services from the customs
(3) Any
transport of goods from an extra-territorial zone into the customs
(4) Notwithstanding
any other provision of this Act, zone enterprises in extra-territorial zones
shall be eligible for
(i) Pakistani certificates of
origin; and
(ii) any advantages under
trade or similar agreements of
(5) The
BOA, in agreement with the Federal Board of Revenue, shall adopt simplified
procedures for the implementation of this section.
34. Incentives for SEZs.(1) On execution of development agreements,
the developer of the particular SEZ as well as all zone enterprises in that SEZ
shall be entitled to benefits set out in Sections 36 and 37 respectively.
(2) With
the objective of promoting hi-tech industries or particular regions, the BOA
may grant additional benefits to a particular category of SEZs, zone
enterprise, regions or sectors provided that
(i) such additional benefits
may only be granted if the BOA finds them to be justified on the basis of an
economic impact assessment;
(ii) such additional benefits,
if granted conditionally, may be liable to be forfeited with retroactive effect
if it is finally determined that a developer or zone enterprise has failed to
comply with the conditions prescribed for the additional benefits in question;
and
(iii) the BOA shall make the
economic impact assessment of a SEZ within five years from the date the
agreement is signed and within the first year of the operation of an
enterprise.
(3) Any
additional benefits granted by the BOA
(i) shall be deemed to be
included in the relevant development agreement; and
(ii) shall become effective on
such conditions as the BOA may stipulate.
(4) Nothing
in this Act shall be construed to limit the authority of any Federal,
Provincial or Local Government authority to grant such additional benefits to
developers and zone enterprises as are within the scope of their respective
statutory powers.
35. Protection of benefits.(1) All incentives under this Act shall be
additional to all incentives, benefits and protections which may be applicable
to developers and zone enterprises under generally applicable legislation and
international agreements of Pakistan.
(2) These benefits shall not be withdrawn
prematurely and any change therein shall be to the advantage of the developer
of the SEZ or the enterprise.
36. Benefits for
developers.Unless
otherwise provided in a development agreement, developers shall be entitled to
the following benefits, namely:-
(a) one time exemption from all customs duties and taxes for all
capital goods imported into Pakistan for the development, operation and Maintenance
of a SEZ, entity, subject to verification and approval from the Board of
Investment; and
(b) Exemption from all taxes on income accruable in relation to the development
and operation of the SEZ for a period of ten years, starting from the date of
signing of the development agreement.
37. Benefits for
zone enterprises.All zone enterprises shall be entitled to the following benefits, namely:-
(a) exemption from custom duties and taxes on imports of capital
goods into the SEZ for installation therein; and
(b) exemption from all taxes on income for a period of ten years
starting from the date the developer certifies that the zone enterprise has commenced
commercial operations with the relevant SEZ.
38. Jurisdiction of Court.Without prejudice to the provisions of
Section 39,
(a) the High Court of the
Province in which a SEZ is located shall have exclusive original civil
jurisdiction with respect to all disputes between the developer of that SEZ and
any Governmental authority or agency, to the extent that such dispute arises
out of, or relates to, a development agreement; and
(b) the district Court of the
district within whose boundaries a SEZ is located shall have exclusive original
civil jurisdiction with respect to
(i) all disputes between the developer of that
SEZ and a zone enterprise located within that SEZ; and
(ii) all disputes between two or more zone
enterprises located within that same SEZ.
39. Alternative dispute resolution procedures.(1) Development agreements may provide for
the resolution of disputes through arbitration between developers and any
Federal, Provincial or Local Governmental authority or agency arising out of,
or relating to, such development agreement.
(2) Development
agreements may authorize developers to pursue and defend the rights of zone
enterprises within a particular special economic zone through arbitration.
(3) Zone
regulations may provide for the resolution of disputes between zone enterprises
in the same SEZ or between zone enterprises and developers through arbitration
and mediation in accordance with procedures approved by the BOA for this
purpose.
40. Rules and regulations for implementation of
this Act.The BOI, in
consultation with SEZ Authorities and with approval of the BOA, may make rules
and regulations as deemed necessary for implementation and to carry out
purposes of this Act.
---------------------
ACT NO. XIX OF 2012
MEDICAL AND DENTAL COUNCIL (AMENDMENT) ACT, 2012
An Act fun her to amend the Medical and
Dental Council Ordinance, 1962
[Gazette of
No.
F. 23(38)/2009-Legis.The
following Act of Majlis-e-Shoora (Parliament) received the assent of the
President on
WHEREAS, it is expedient further to amend the
Medical and Dental Council Ordinance, 1962 (XXXII of 1962), for the purposes
hereinafter appearing;
It is hereby enacted as under:-
1. Short title and commencement.(1) This Act may be called the Medical and
Dental Council (Amendment) Act, 2012.
(2) It
shall come into force at once.
2. Amendment of Section 1, Ordinance XXXII
of 1962.In the Medical and
Dental Council Ordinance, 1962 (XXXII of 1962), hereinafter, referred to as the
said Ordinance, in Section 1, in sub-section (1), after the word
"the", the word "Pakistan" shall be inserted.
3. Substitution of Section 2, Ordinance
XXXII of 1962.In the said
Ordinance, for Section 2, the following shall be substituted, namely:-
"2. Definitions.In this Ordinance, unless there is anything
repugnant in the subject or context,
(a) "approved
hospital or institution" means a hospital or an institution included in
the Sixth Schedule;
(b) "Council"
means the Pakistan Medical and Dental Council constituted under this Ordinance;
(c) "continuous
professional development" means skill enhancement and improvement in
personal and professional competence which may
(i) comprise lectures, seminars, courses,
individual study or other activities undertaken by a registered medical or
dental practitioner;
(ii) reasonably be expected to advance a
registered medical or dental practitioner's development in his related
profession; and
(iii) is relevant to the practice of registered
medical or dental practitioner;
(d) "committee"
means any committee constituted under this Ordinance and includes Executive
Committee constituted under Section 10;
(e) "continuous
professional development opportunity provider" means an organization providing
continuous professional development opportunities and included in the Seventh
Schedule;
(f) "dental
institution" means any institution, recognized under this Ordinance,
within or outside
(g) "house
job or foundation year or internship" means hands on training in clinical
subjects on a rotational basis in an approved hospital or institution after
provisional registration as a prerequisite for full registration under Section
23;
(h) "medical
institution" means any institution recognized under this Ordinance, within
or outside Pakistan, which trains for, or grants, or both trains for and
grants, degrees or diplomas in medicine;
(i) "medicine"
means modern scientific medicine and includes surgery and other disciplines,
but does not includes veterinary medicine and surgery;
(j) "
(k) "President"
means President of the Council;
(l) "prescribed"
means prescribed by regulations;
(m) "recognized
medical qualification" means any basic medical qualification included in
the First Schedule;
(n) "recognized
dental qualification" means any basic dental qualification included in the
Fifth Schedule;
(o) "recognized
additional medical or dental qualification" means any additional medical
or dental qualification included in the Third Schedule;
(p) "Register"
means the Register of medical practitioners maintained under Section 23 or the
Register of dental practitioners maintained under Section 26;
(q) "registered
medical practitioner" means a medical practitioner whose name is included
in the Register maintained under Section 23;
(r) "registered
dental practitioner" means a dental practitioner whose name is included in
the Register maintained under Section 26;
(s) "regulations"
mean regulations made under Section 33;
(t) "registerable
qualifications" mean medical or dental qualifications recognized under Sections
11,15, 16, 18 and 19; and
(u) "specialists
boards" mean recognized specialist boards included in the Eighth
Schedule.".
4. Substitution of Section 3, Ordinance XXXII of
1962.In the said Ordinance,
for Section 3 the following shall be substituted, namely;
"3. Constitution and composition of the
Council.(1) The Federal
Government shall, by notification in the official Gazette, cause to be
constituted a Council consisting of the following members, namely:--
(a) one
member each from the Senate and the National Assembly to be nominated by the
Chairman or, as the case may be, the Speaker from amongst the members of the
respective House;
(b) Secretary,
Health Department of each Province;
(c) one
member each to be elected by the members of the Syndicate of each public sector
Pakistan university from amongst the members of its medical faculty and denial
faculty of all its constituent as well as affiliated colleges from each
Province, Gilgit-Baltistan, Federally Administered Tribal Areas (FATA) and Islamabad
Capital Territory;
(d) one
member each to be elected by the members of the Syndicate of each private
sector Pakistan university from amongst the members of its medical faculty and
the dental faculty of all its constituent as well as affiliated colleges from
each Province, Gilgit-Baltistan, FATA and Islamabad Capital Territory;
(e) one
member from each Province, Gilgit-Baltistan, FATA and
(f) four
members to be nominated by the Federal Government of whom one shall be Surgeon
General of the Armed Forces Medical Services;
(g) one
member to be elected from amongst themselves by the registered dentists from
each Province, Gilgit-Baltistan, FATA and
(h) one
member to be elected from amongst the Professors of the teaching staff of the
public sector medical colleges from each Province, Gilgit-Baltistan, FATA and
Islamabad Capital Territory;
(i) one
member to be elected from amongst the Professors of the teaching staff of
private sector Medical Colleges from each Province, Gilgit-Baltistan, FATA and
Islamabad Capital Territory;
(j) one
member to be elected from amongst the Professors of the teaching staff of
public sector dental colleges from each Province, Gilgit-Baltistan, FATA and
Islamabad Capital Territory;
(k) one
member to be elected from amongst the Professors of the teaching staff of
private sector dental colleges from each Province, Gilgit-Baltistan, FATA and
Islamabad Capital Territory;
(l) one
member to be elected by the Council of the College of Physicians and Surgeons;
(m) one
member, belonging to the legal profession, to be nominated by the Chief Justice
of Pakistan;
(n) senior
most officer looking after health matters at the Federal level or an authority
looking after the affairs of Council at Federal level designated or notified by
the Federal Government, as the case may be; and
(o) immediate
ex-President of the Council who shall be a member of the Council for one
non-renewable term of three years provided that he or she will not hold office.
(2) The
President of the Council shall be elected by the members of the Council from
amongst themselves.
(3) No
act done by the Council shall be invalid on the ground merely of existence of
any vacancy in or any defect in the constitution of the Council.
(4) The
President shall be the head of the office of the Council and shall be the
competent authority for all employees of the Council.",
5. Substitution of Section 4, Ordinance XXXII of
1962.In the said Ordinance,
for Section 4 the following shall be substituted, namely:-
"4. Mode of election.(1) An election under clauses (c), (d), (e),
(g), (h), (i), (j), (k) and (1) of sub-section (1) of Section 3 shall be
conducted by the Council as may be prescribed.
(2) Where
any dispute arises regarding any election to the Council it shall be referred
to the Federal Government whose decision thereon shall be final".
6. Substitution of Section 5, Ordinance
XXXII of 1962.--In the said Ordinance,
for Section 5 the following shall be substituted, namely:-
"5. Restrictions on nominations and elections.(1) No person shall be eligible for
nomination or election, except under clauses (b) and (m) of sub-section (1) of Section
3, unless he is a registered medical practitioner or a registered dentist, as
the case may be.
(2) No
person shall be eligible for nomination or election under clauses (e) and (g)
of sub-section (l) of Section 3 unless he resides in the Province concerned.
(3) No
person shall be eligible for election under clauses (h), (i), (j), (k) and (1)
of sub-section (1) of Section 3 unless he has had at least four years teaching
experience, certified by the Council, as a Professor in the faculty of a
medical or dental college, as the case may be.
(4) No
person shall be eligible for election under clauses (c) and (d) of sub-section
(1) of Section 3 unless he has had at least four years teaching experience,
certified by the Council, as a Professor, Associate Professor, Assistant Professor,
Lecturer etc., in the faculty of a medical or dental college, as the case may
be.
(5) No
person shall at one and the same time serve as a member under more than one
clauses of sub-section (1) of Section 3".
7. Amendment of Section 6, Ordinance XXXII of
1962.In the said Ordinance,
in Section 6, after the full slop, at the end, the following shall be added,
namely:-
"The Council shall be a regulatory body
for regulating medical and dental profession, medical and dental education and
institutions,".
8. Substitution of Section 7, Ordinance XXXII of
1962.In the said Ordinance,
for Section 7 the following shall be substituted, namely:-
7. Terms of office.(1) The President of the
Council shall hold office for a term not exceeding four years and not extending
beyond the expiry of his term as member of the Council.
(2) Subject
to the provisions of sub-Sections (4) and (6), a member shall hold office for a
term of four years from the date of his nomination or election or until his
successor has been duly nominated or elected, whichever is earlier.
(3) If
a member fails to attend three consecutive meetings of the Council or remains
out of
Provided
that a member nominated by the Federal Government shall hold office only during
pleasure of the Federal Government. If a nominated member is being considered
for cancellation of membership while his term remains, he shall be given a
notice to show-cause and an opportunity of personal hearing by the Federal
Government before a final order is passed. The Federal Government's nominees
shall not be eligible for the post of President.
(4) The
case of a member of the Council, other than the member nominated under clauses
(a), (b) and (o) of sub-section (1) of Section 3, shall be forwarded to the
Federal Government for decision of maintaining his membership or otherwise in
the following circumstances, namely:-
(a) if
the Council decides by a majority that his membership is not in the interest of
the Council; or
(b) his
name has been removed from the Register of practitioners as a result of inquiry
under Section 31; or
(c) he
becomes insane or is declared an insolvent by a competent Court; of--
(d) he
is convicted for a criminal offense which implies moral turpitude, including
unprofessional and infamous conduct as provided under Section 31.
(5) Other
than the member nominated under clauses (a), (b), (m) and (o) of sub-section
(1) of Section 3, the Council may, only by a majority decision, suspend the
membership of a member if he falls under sub section (4) till a decision by the
Federal Government about maintenance of his membership or otherwise.
(6) Where
the said term of four years is about to expire in respect of any member, his
successor may be nominated or elected at any time within three months before
the said term expires, but shall not assume office until the expiry of the said
term.
(7) An
elected or nominated member may, at any time, resign his membership by writing
under his hand addressed to the President and the seat of such member shall be
deemed to have fallen vacant from the date of acceptance of his resignation by
the President.
(8) A
vacancy in the Council shall be filled through election or nomination, as the
case may be, and the person elected or nominated to fill the vacancy shall hold
office for the full term of four years.".
9. Amendment of Section 8, Ordinance XXXII
of 1962.In the said
Ordinance, in Section 8,
(a) in
sub-section (1), for the words "appointed by the Council" the words "decided
by the President" shall be substituted; and
(b) in
sub-section (2), for the word "nine the words "one-third" shall
be substituted.
10. Amendment of Section 9, Ordinance XXXII of
1962.In the said Ordinance,
in Section 9, in sub-section (1), for clauses (c), (d), (e), and (f) the
following shall be substituted, namely:-
"(c) appoint
a Registrar, a Secretary and a Treasurer to carry out the purposes of this
Ordinance;
(d) appoint,
employ or nominate such other advisers to the President, officers, officials
and servants on regular basis or contract as the Council deems necessary to
carry out the purposes of this Ordinance;
(e) require
the Treasurer to take from the Registrar, Secretary, advisers to the President,
officers, officials and servants, such security for the due performance of
their duties as the Council deems necessary; and
(f) fix
the remuneration and allowances to be paid to the President, Vice-President,
members, officers and servants of the Council employed under this
section.".
11. Substitution of Section 10, Ordinance XXXII
of 1962.In the said
Ordinance, for Section 10 the following shall be substituted, namely:-
"10. Executive Committee.(1) The Executive Committee shall consist of
nine members, of whom seven shall be elected by the Council from amongst its
members and of which at least one shall be a dental practitioner and one from
the post graduate institutions. The President shall have the power to co-opt a
maximum of two additional members to the Committee.
(2) The
President: Vice-president of the Council shall be ex-officio members of the Executive Committee and shall be its
President and Vice-president respectively.
(3) In
addition to the power and duties conferred and imposed upon it by this
Ordinance, the Executive Committee shall exercise and discharge such powers and
duties as the Council may confer upon it by regulations and shall have the
power and responsibility to take decisions of administrative and financial
nature for the smooth functioning and working of the Council.".
12.
Substitution or Section 11, Ordinance
XXXII of 1962.In the said
Ordinance, for Section 11 the following shall be substituted, namely:-
"11. Recognition of medical institutions and
qualifications.(1) The Federal
Government may grant recognition to any medical institution in
(2) if
any medical institution in Pakistan intends to get recognition of the institution
which trains or grants or both trains and grants medical qualifications or
qualification granted by it in pursuance of sub-section (1) it shall apply to
the Federal Government for the same.
(3) The
Federal Government shall transmit the application to the Council after being
satisfied that application is complete and is in accordance with the prescribed
procedure. The Council shall form recommendations for the Federal Government
after assessing the institution and the qualification as per prescribed
procedure. Upon receiving recommendations from the Council, the Federal
Government shall grant recognition as provided under sub-section (1).
(4) The
notification for the grant of recognition may also direct that an entry shall
be made in the last column of the First Schedule against such institution and
medical qualification granted by it, declaring that it shall be a recognized
medical institution or qualification only when granted after the date of
notification.".
13. Insertion of new Section 11A, Ordinance
XXXII of 1962.In the said
Ordinance, after Section 11, substituted as aforesaid, the following new
section shall be inserted, namely;
"11A. Recognition of hospitals or
institutions for house job or internship or foundation year training.(1) The Federal Government may grant
recognition to any hospitals or institutions in
(2) If
any hospital and institution in
(3) The
Federal Government shall transmit the application to the Council after being
satisfied that application is complete and is in accordance with the prescribed
procedure. The Council shall form recommendations for the Federal Government
after assessing the institution as per prescribed procedure. Upon receiving
recommendations from the Council, the Federal Government shall grant
recognition as provided under sub-section (1).
(4) The
notification for the grant of recognition may also direct that an entry shall
be made in the last column of the Sixth Schedule against such hospital or
institution, declaring that it shall be a recognized hospital or institution
only when granted after the date of notification.".
14. Omission of Section 12, Ordinance XXXII of
1962.In the said Ordinance,
Section 12 shall be omitted.
15.
Substitution of Section 13, Ordinance
XXXII of 1962.In the said
Ordinance, for Section 13 the following shall be substituted, namely:-
13. Arrangements for schemes with foreign
countries.At any time, the
Council may enter into negotiations with the appropriate authority in any
foreign country or organization, for the settling of a scheme for improvement
of medical education in Pakistan or postgraduate degrees or any matter or
prospect related to the medical or dental profession.".
16.
Omission of Section 14, Ordinance XXXII
of 1962.In the said Ordinance,
Section 14 shall be omitted.
17. Substitution of Section 15, Ordinance XXXII
of 1962.In the said
Ordinance, for Section 15 the following shall be substituted, namely:-
"15. Power of the Council to certify certain
persons to be possessed of sufficient medical qualifications.(1) If, after an examination by a board
constituted by the Council, the Council is satisfied that a person holding a
qualification granted by a medical institution outside Pakistan, is possessed
of sufficient knowledge and skill to be registered as a practitioner for the
purpose of this Ordinance, it may recommend to the Federal Government to issue
a notification in favour of such person to register him and his qualification.
Upon such notification, the Council shall register the qualification possessed
by the person without it being entered in any of the Schedules of this
Ordinance.
(2) The
Council shall register the qualification granted by a medical institution
outside
18. Substitution of Section 16, Ordinance XXXII
of 1962.In the said
Ordinance, for Section 16 the following shall be substituted, namely:-
"16. Additional medical or dental qualifications.(1) The Federal Government may grant
recognition to any post-graduate medical or dental institutions in or outside
Pakistan which train or grant or both train and grant additional medical or
dental qualifications and the qualifications granted by them. All such
recognized additional medical or dental institutions or qualifications shall be
included in the Third Schedule by the Federal Government by notification in the
official Gazette.
(2) If
any post-graduate medical and dental institution in or outside Pakistan intends
to get recognition of the institution which trains or grants or both trains and
grants additional medical and dental qualifications or qualification granted by
it in pursuance of sub-section (1) it shall apply to the Federal Government for
the same. If an institution wishes to only train for a recognized postgraduate
qualifications in any specialty, it shall apply to the qualification awarding
body and after consultation and approval of the Council, the institution shall
be added in the Third Schedule.
(3) The
Federal Government shall transmit the application to the Council after being
satisfied that application is complete and is in accordance with the prescribed
procedure. The Council in consultation with the examining body shall form
recommendations for the Federal Government after assessing the institution and
the qualification as per prescribed procedure. Upon receiving recommendations
from the Council, the Federal Government shall grant recognition as provided
under sub-section (1).
(4) The
notification for the grant of recognition may also direct that an entry shall
be made in the last column of the Third Schedule against such institution and
additional medical and dental qualification granted by it, declaring that it
shall be a recognized post-graduate medical and dental institution and
additional medical and dental qualification only when granted after the date of
notification..
19.
Insertion of new Sections 16-A, 16-B and
16-C, Ordinance XXXII of 1962.In
the said Ordinance, after Section 16, substituted as aforesaid, the following
new Sections shall be inserted, namely:-
"16-A.
Recognition of foreign additional medical or dental qualifications.The Council shall evaluate any additional
medical or dental qualifications granted by any foreign institution and may
(a) recommend
to the Federal Government that such institution or qualification be
(i) recognized and included in the Third
Schedule as specified in Section 16; or
(ii) notified only and shall not be included in
the Third Schedule, however, a separate list thereof shall be maintained; or
(b) proceed
as per Section 15 or 19, as the case may be.
16-B. Recognition of continuous professional
development opportunity providers.(1) The Federal Government may grant recognition to any organization in
(2) If
any organization in
(3) The
Federal Government shall transmit the application to the Council after being
satisfied that application is complete and is in accordance with the prescribed
procedure. The Council shall form recommendations for the Federal, Government
after assessing the institution and the qualification as per prescribed
procedure. Upon receiving recommendations from the Council, the Federal
Government shall grant recognition as provided under sub-section (1), declaring
that it shall be a recognized organization in Pakistan, which provides
opportunities of continuous professional development to the registered medical
and dental practitioners only when granted after the date of notification.
(4) A
separate list of international continuous professional development opportunities
providing organization or institutes shall be maintained by the Council.
16-C. Role of specialists' boards.(1) The Federal Government may grant
recognition to specialists boards which shall help the Council in maintenance
of such minimum standards of proficiency in that particular specialty as may be
prescribed by the Council. All recognized specialists boards shall be included
in the Eighth Schedule by the Federal Government by notification in the
official Gazette.
(2) The
Council shall authorize a specialist board constituted as per prescribed
procedures and shall form recommendations for the Federal Government. Upon
receiving recommendations from the Council, the Federal Government shall grant
recognition as provided under sub-section (1), declaring that it shall be a
recognized specialists board only when granted after the date of
notification.".
20. Omission of Section 17, Ordinance XXXII of
1962.In the said Ordinance,
Section 17 shall be omitted.
21. Substitution of Section 18, Ordinance XXXII
of 1962.In the said
Ordinance, for Section 18 the following shall be substituted, namely:-
"18. Recognition of dental institutions and
qualifications.(1) The Federal
Government may grant recognition to any dental institutions in Pakistan which
train or grant or both train and grant dental qualifications and the
qualifications granted by them. All such recognized dental institutions or
qualifications shall be included in the Fifth Schedule by the Federal
Government by notification in the official Gazette.
(2) If
any dental institution in Pakistan intends to get recognition of the
institution which trains or grants or both trains and grants dental qualifications
or qualification granted by it in pursuance of sub-section (1) it shall apply
to the Federal Government for the same.
(3) The
Federal Government shall transmit the application to the Council after being
satisfied that application is complete and is in accordance with the prescribed
procedure. The Council shall form recommendations for the Federal Government after
assessing the institution and the qualification as per prescribed procedure.
Upon receiving recommendations from the Council, the Federal Government shall
grant recognition as provided under sub-section (1).
(4) The
notification for the grant of recognition may also direct that an entry shall
be made in the last column of the Fifth Schedule against such institution and
dental qualification granted by it, declaring that it shall be a recognized
dental institution and dental qualification only when granted after the date of
notification.".
22. Substitution of Section 19, Ordinance XXXII
of 1962.In the said
Ordinance, for Section 19 the following shall be substituted, namely:-
"19. Power of the Council to certify certain
persons to be possessed of sufficient dental qualifications.(1) If after an examination by a board
constituted by the Council, the Council is satisfied that a person holding a
qualification granted by a dental institution outside Pakistan, is possessed of
sufficient knowledge and skill to be registered as a practitioner for the
purpose of this Ordinance, it may recommend to the Federal Government to issue
a notification in favour of such person to register him and his qualification.
Upon such notification, the Council shall register the qualification possessed
by the person without it being entered in any Schedule of this Ordinance.
(2) The
Council shall register the qualification granted by a dental institution
outside
23. Amendment of Section 20, Ordinance XXXII of
1962.In the said Ordinance,
for Section 20 the following shall be substituted, namely:-
"20. Power to acquire information as to courses of
study and examination.Every
medical or dental institution or hospital or organization in Pakistan
recognized under this Ordinance, which trains for or grants or both trains for
and grants a medical or a dental qualification, additional medical or dental
qualification, trains for house job or internship or foundation year or is a
continuous professional development opportunity provider shall furnish such
information as the Council may, from time to time, require about the facilities
and faculty available in the institution, courses of study and processes of admission
of the institution concerned, examinations required to be undergone prior to
such qualifications being conferred and generally as to the requisites for
obtaining such qualifications..
24. Substitution of Section 21, Ordinance XXXII
of 1962.In the said
Ordinance, for Section 21 the following shall be substituted, namely:-
"21. Inspection.(1) The Executive Committee shall approve a
list of inspectors in the country and the President shall commission such
number of medical or dental inspectors from the approved list, as it may deem
appropriate, to inspect the facilities for training available at the medical or
dental institutions and attend at any or all of the examinations held by
medical or dental institutions in Pakistan recognized under this Ordinance for
the purpose of granting recognized medical or dental or additional medical or
denial qualifications.
(2) Inspectors
appointed under this section shall form a comprehensive report about the
facilities for training in the institution and shall not interfere with conduct
of any examination and shall report to the Executive Committee on the standard
of the inspected examination which they attend and on the courses of study and
facilities for teaching provided by the medical or dental institution inspected
for different stages leading up to examinations and on any other matters in
regard to which the President or Executive Committee may require them to report.
(3) The
Executive Committee shall forward a copy of any such report to the medical or
dental institution concerned and shall also forward a copy, with the remarks of
such medical or dental institution thereon, to the Council.".
25. Substitution of Section 22, Ordinance XXXII
of 1962.--In the said
Ordinance, for Section 22 the following shall be substituted, namely:-
"22.
Withdrawal of recognition.(1)
If a recognized institution is violating provisions of this Ordinance and
regulations made thereunder or the facilities for training for the courses of
study or standard of examination in the institution to obtain a recognized
medical or dental qualification, additional medical or dental qualification,
training for house job or internship or foundation year or in a continuous
professional development opportunity providing organization has deteriorated to
an extent that the standard of proficiency required from candidates at any
examination held for the purpose of granting such qualification is not such as to
secure to persons holding such qualification the knowledge and skill requisite
for the efficient practice of medicine or dentistry, the Council may stop
further intake of students in the institution and forward a summary of its
findings and its intent to the medical or dental institution with an intimation
of the period within which the medical or dental institution may submit its
explanation to the Council and may request for a hearing before the Council if
it so desires.
(2) If
the Council is not satisfied with the explanation then it shall make a recommendation
to the Federal Government for closure of the institution to which shall include
a scheme for adjustment of students in other recognized institutions of the
corresponding public or private sector, as the ease may be.
(3) On
recommendations of the Council, the Federal Government may, by notification in
the official Gazelle, direct that an entry shall be made in the First, Third,
Fifths Sixth or Seventh Schedule, as the case may be, against the said medical
or dental or a postgraduate institution and qualification granted by it,
hospital or continuous professional development opportunity provider declaring
that, it shall be a recognized medical, dental or additional medical or dental
qualification, institution, hospital and continuous professional development
opportunity provider only before the date of notification..
26.
Insertion of new Sections 22-A and 22-B,
Ordinance XXXII of 1962.In
the said Ordinance, after Section 22, substituted as aforesaid, the following
new Sections shall be inserted, namely:-
"22-A.
Establishment and running of medical and dental institutions without
recognition.No person shall
run nor establish any institution for training or grant or both training or
grant of medical or dental qualifications, additional medical or denial
education, training for house job, internship or foundation year or an
organization for continuous professional development opportunity providing
neither shall any university grant affiliation to any such an institution nor
any such institution shall award any degree unless recognition has been granted
to such college or institution under this Ordinance.
22-B.
Penalty.--(1) Whoever runs
or establishes or endorses any institution or advertises admissions in an
institution for imparting education in medicine or dentistry, which is not
recognized under Sections 11, 11-A, 16, 16-A or 18 or in respect of which
recognition has been withdrawn under Section 22, shall be guilty of an offence
punishable with rigorous imprisonment for a term which may extend to five years
but shall not be less than a year or with fine which may extend to ten million
rupees but shall not be less than five million rupees or with both and shall
also be liable to closure of such institution.
(2) Where
any contravention of this Ordinance has been committed by a body corporate or
institution and it appears from the relevant documents that such offence has
been committed with the consent or connivance of or is attributed to any
negligence on the part of any director, partner, manager, secretary or other
officer of the body corporate or institution such director, partner, manager,
secretary or other officer of the body corporate or institution, shall be
deemed guilty of such contravention along with the body corporate or
institution and shall be punished accordingly:
Provided
that in the case of a company as defined under the Companies Ordinance, 1984
(XLVII of 1984), only its Chief Executive shall be liable under this section.
Explanation.For the purposes of this
section, "body corporate or institution" includes a firm, association
of persons and a society registered under the Societies Registration Act, 1860
(XXI of 1860) or under the Co-operative Societies Act, 1925 (VII of 1925).
(3) Where
any contravention of this Ordinance has been committed by any Government
agency, local authority or local council and it appears from the relevant
documents that such contravention has been committed with the consent or
connivance of or is attributable to any negligence on the part of the head or
any other officer of the Government agency, local authority or local council,
such head or other officer shall also be deemed guilty of such contravention
alongwith the Government agency, local authority or local council and shall be liable
to be proceeded against and punished accordingly."'.
27.
Substitution of Section 23, Ordinance
XXXII of 1962.In the said
Ordinance, for Section 23 the following shall be substituted, namely:-
"23. Maintenance of Register of medical
practitioners.(1) The Council
shall maintain a Register of medical practitioners possessing qualifications
which are recognized medical or additional medical qualifications for the
purposes of this Ordinance and may prescribe the necessary particulars to be
entered in the Register. Holders of a recognized basic degree shall be
registered on provisional basis for internship or foundation or house job of a
minimum of one year duly assessed, hands on clinical rotation in an approved
hospital or institution included in the Sixth Schedule which shall be mandatory
for conversion of provisional registration into full registration.
(2) The
practitioner shall be deemed to hold a valid registration and entitled to be
known and eligible for privileges of a registered medical practitioner if his
name is retained on the Register after fulfillment of requirements of
continuation of registration as laid down by the Council from time to time and
provided he had paid the dues of the Council. The valid registration
certificate shall be the licence to practice medicine in
28. Omission of Sections 24 and 25, Ordinance
XXXII of 1962.In the said
Ordinance, Sections 24 and 25 shall be omitted.
29. Substitution of Section 26, Ordinance XXXII
of 1962.In the said
Ordinance, for Section 26 the following shall be substituted, namely:-
"26. Maintenance of Register of dental
practitioners.(1) The
Council shall maintain a Register of dental practitioners possessing
qualifications which are recognized dental or additional dental qualifications
for the purposes of this Ordinance and may prescribe the necessary particulars
to be entered in the Register. Holders of a recognized basic degree shall be
registered on provisional basis for internship or foundation or house job of a
minimum of one year duly assessed, hands on clinical rotation in an approved
hospital or institution included in the Sixth Schedule which shall be mandatory
for conversion of provisional registration into full registration.
(2) The
practitioner shall be deemed to hold valid registration and entitled to be
known and eligible for privileges of a registered dental practitioner if his
name is retained on the Register after fulfillment of requirements of
continuation of registration as laid down by the Council from time to time and
provided he had paid the dues of the Council. The valid registration certificate
shall be the licence to practice dentistry in
30. Amendment of Section 27, Ordinance XXXII of
1962.In the said Ordinance,
in Section 27, for the words, comma and figure "Evidence Act, 1872"
the expression, "Qanun-e-Shahadat, 1984 (P.O. No. 10 of 1984)" shall
be substituted.
31. Amendment of Section 28, Ordinance XXXII of
1962.In the said Ordinance,
for Section 28 the following shall be substituted, namely:-
"28.
Penalty for fraudulent representation or registration.Whoever falsely pretends to be registered
under this Ordinance as a medical practitioner or dentist and uses with his
name or title any words or letters representing that he is so registered with
the Council or uses the word "doctor" without legal basis, irrespective
of whether any person is actually deceived by such pretence or representation
or not, shall, on conviction before a Magistrate of the first class, be
punishable with fine which may extend to one hundred thousand rupees or with
imprisonment for a term which may extend to six months or with both. Any person
found aiding and abetting him shall also be prosecuted and punished.".
32. Insertion of new Sections 28A and 28B,
Ordinance XXXII of 1962.In
the said Ordinance, after Section 28, substituted as aforesaid, the following new
Sections shall be inserted, namely:-
"28-A.
Penalty of practicing without registration,(1) No person, other than a registered medical or dental practitioner,
shall practice medicine or dentistry.
(2) Any
person who acts in contravention of the provisions of sub-section (1) shall be
punishable with imprisonment for a term which may extend to two years but shall
not be less than six months or with fine which may extend to two hundred
thousand rupees but shall not be less than one hundred thousand rupees or with
both.
28-B.
Cognizance of offences.(1)
No Court shall take cognizance of any offence or matter under this Ordinance
except upon complaint in writing made by the authorized officer of the Council.
(2) Notwithstanding
anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), it
shall be lawful for any Magistrate of the first class to pass any sentence
authorized by this Ordinance even if such sentence exceeds his powers under Section
32 of the said Code.".
33. Substitution of Section 29, Ordinance XXXII
of 1962.In the said
Ordinance, for Section 29 the following shall be substituted, namely:-
"29. Privileges of registered medical or dental
practitioners.(1) A registered
medical practitioner and dentist shall have following privileges, namely:-
(a) valid
registration shall be considered as a licence to practice medicine and
dentistry in
(b) a
registered medical practitioner or a registered dentist having valid full
registration shall be competent to practice medicine or dentistry and prescribe
allopathic medicine and perform any surgical or interventional procedure on any
patient;
(c) a
registered medical practitioner or a registered dentist having valid full
registration may take admission for an additional qualification course;
(d) to
hold any medical or dental or relevant administrative appointment in any
medical or dental institution or setup or hospitals or clinic or related health
institution;
(c) to
hold a commission as a medical or dental officer in the Armed Forces; and
(f) only
a registered practitioner having valid registration is eligible to participate
in the elections of the member of the Council.
(2) Notwithstanding
anything to the contrary contained in any other law for the time being in
force, no medical certificate or proscription or advice shall be considered
valid unless obtained from a medical or dental practitioner having valid
registration.
(3) No person shall be entitled
to recover any charge in any Court of law for any medical or surgical advice or
attendance or for the performance of any operation or intervention or for any
medicine prescribed or supplied unless he can prove upon the trial that he is a
registered medical or dental practitioner having valid registration.".
34. Substitution of Section 30, Ordinance XXXII of
1962.In
the said Ordinance, for Section 30 the following shall be substituted, namely:-
"30. Responsibilities of registered medical or
dental practitioner.(1) Every registered medical or dental practitioner shall
notify any transfer of the place of his residence or practice to the Registrar
within sixty days of such transfer, failing which his name is liable to be
struck off the Register by order of the Federal Government either permanently
or for such period as may be specified therein.
(2) No registered person shall
use or publish in any way whatsoever any time, title, description or symbol
indicating or calculated to lead persons to infer that he possesses any
additional or other professional qualification unless the same has been
conferred upon him by a legally constituted authority within or outside
(3) Every registered medical
practitioner or dental practitioner shall comply with the code of medical
ethics prescribed by the Council.".
35. Substitution of Section 31, Ordinance XXXII of 1962.In the said Ordinance, for Section
31 the following shall be substituted, namely:-
"31. Removal of names from the Register.--(1) The Council, in its
discretion, may direct the Registrar to remove altogether or for a specified
period from the Register the name of any registered medical practitioner or
registered dentist who has been convicted by the disciplinary committee or by
any other Court of law of any such offence as implies in the opinion of the
Council a defect of character defined in the code of ethics of practice or who,
after an inquiry at which opportunity has been given to such person to be heard
in person or through a pleader, has been convicted by the disciplinary
committee of the Council as guilty of professional negligence or incompetence
or who has shown himself to be until to continue in practice or on account of
mental ill health or other grounds as prescribed in the code of ethics of
practice regulations.
(2) The
Council may also direct that any name removed from the Register under
sub-section (1) shall be restored.
(3) For
the purpose of an inquiry under sub-section (1), the disciplinary committee of
the Council shall exercise all the powers of a Civil Court under the Code of
Civil Procedure, 1908 (Act V of 1908) for summoning the witnesses, for
compelling the production of documents and for issuing commissions with the
help of law enforcing authorities.
(4) The
claim of professional negligence shall initially be established before the
disciplinary committee of the Council before any other proceedings.".
36. Omission of Section 32, Ordinance XXXII of
1962.In the said Ordinance Section
32 shall be omitted.
37. Amendment of Section 33, Ordinance XXXII of
1962.In the said Ordinance,
in Section 33,
"(a) in
sub-section (1), for clauses (e), (f), (g), (h) and (i) the following shall be
substituted, namely:-
(e) code of practice and ethics for the medical
and dental practitioners;
(f) the appointment, powers, duties and
procedures of medical and dental inspectors;
(g) the conditions and procedure for
maintenance, compilation and publication of the Register of medical and dental
practitioners and of health care providing facilities and their minimum requirements
and the fees to be charged for registration and, if necessary, for opening of
sub-offices or branches for this purpose;
(h) the procedure for any inquiry under
sub-section (1) of Section 31; and
(i) any matter for which under this Ordinance
provision may be made by regulations.";
(b) in
sub-section (2), for clauses (f), (g), (h), (i) and (j) the following shall be
substituted, namely:-
"(f) prescribing the qualifications, experience
and other conditions required for examiners for professional examinations in
medicine and dentistry antecedent to the granting of recognized medical and
dental and additional medical and dental qualifications;
(g) registration of medical or dental students
at any medical or dental college or school or any university and the fees
payable in respect of such registration;
(h) laying down criteria including university
affiliation, conditions and requirements for recognition and continuation of
recognition and for grant of status of a teaching institution of institutions
and organizations under this Ordinance and on all connected matters of
inspection of medical and dental institutions for recognition and continuation
of recognition and inspection of examinations in these institutions and fee for
such inspections;
(i) terms and conditions of service for all
employees appointed under Section 9;
(j) election of members of the Council; and
(k) prescribing a uniform minimum standard for
continuous professional development for registered graduate and postgraduate
medical and dental practitioners.".
38. Substitution of Section 35, Ordinance XXXII
of 1962.In the said
Ordinance, for Section 35 the following shall be substituted, namely:-
"35. Commission of inquiry.(1) Whenever it is
made to appear to the Federal Government that the Council is not complying with
any provisions of this Ordinance, the Federal Government may refer the
particulars of the complaint to a commission of inquiry consisting of three
persons two of whom shall be appointed by the Federal Government, including the
chairman being at least a judge of a High Court, and one member nominated by
the Council after a resolution.
(2) Such
commission shall proceed to inquire in a summary manner and to report to the Federal
Government as to the truth of the matter charged in the complaint and in case
of any charge of default or of improper action being found by the commission to
have been established, the commission shall recommend the remedies, if any,
which are in its opinion necessary.
(3) The
Federal Government shall forward the report of the commission of inquiry to the
Council for implementation and for remedial actions. The Council shall submit
lo the Federal Government a detailed plan of remedial measures to be adopted by
the Council which shall be considered as approved if no further orders are
passed by the Federal Government in this regard within three months. All
remedial actions shall be taken by the Council within a stipulated period of
six months and the Council shall submit to the Federal Government a report of actions
taken thereon. If the Council fails to comply with the remedial measures
forwarded to it by the Federal Government, the Federal Government may by itself
amend the regulations of the Council or make such provisions or issue orders or
take such other steps as may seem necessary to give effect to the
recommendations of the commission.
(4) The
commission of inquiry shall have power to administer oaths, to enforce the
attendance of witnesses and the production of documents and shall have other
necessary powers for the purpose of any inquiry conducted by it as are
exercised by a Civil Court under the Code of Civil Procedure, 1908 (Act V of
1908).".
39.
Insertion of new Sections 36-A and 36-B,
Ordinance XXXII of 1962.In
the said Ordinance, after Section 36, following new Sections shall be added,
namely:-
"36-A.
Over-ridding provision.The provisions of this Ordinance shall have effect
notwithstanding anything to the contrary contained in any other law for the
time being in force. No suit, prosecution or other legal proceeding shall lie
against the Government, the Council or any committee thereof or any officer or
servant of the Government or the Council for anything which is in good faith
done or intended to be done under this Ordinance.
36-B. Transitory provision.Upon the commencement of the Medical and
Dental Council (Amendment) Act; 2012, the incumbent Council constituted under
Section 3 shall stand dissolved and the President, Vice-President of the
Council and Executive Committee of the Council as exists before the
commencement of the aforesaid Act shall stay infact till a new President,
Vice-President of the Council, Executive Committee is elected by the Council.
The President, Vice-President of the Council and Executive Committee of the
Council shall have the powers of the Council and shall conduct elections for
membership of the Council within one year.".
40. Omission of Second and Fourth Schedule, Ordinance XXXII of
1962.In
the said Ordinance, the Second and Fourth Schedule shall be omitted.
41. Insertion of new Schedules, Ordinance XXXII of 1962.In the said Ordinance, after
Fifth Schedule, the following new Schedules shall be added, namely:-
"THE SIXTH SCHEDULE
(see Section 11-A)
APPROVED HOSPITALS OR INSTITUTIONS
|
S. No. |
Approved
Hospitals or Institutions |
Specialties/Department |
THE SEVENTH SCHEDULE
(see Section 16-B)
CONTINUOUS PROFESSIONAL DEVELOPMENT
|
S. No. |
CPD |
THE EIGHTH SCHEDULE
(see Section 16-C)
SPECIALIST BOARDS
|
S. No. |
Specialist
Boards |
Specialties/Department.". |
------------------------
ACT NO. XXV OF 2012
AIRPORTS SECURITY FORCE
(AMENDMENT)
ACT, 2012
An Act further to amend the Airports Security
Force Act, 1975
[Gazette of
No.
F. 9(9)/2012-Legis.The
following Act of Majljs-e-Shoora (Parliament) received the assent of the
President on
WHEREAS it is expedient further to amend the
Airports Security Force Act, 1975 (LXXVII of 1975) to re-designate certain
posts and for the purposes hereinafter appearing;
It is hereby enacted as follows:-
1. Short title and commencement.(1) This Act may be called the Airports
Security Force (Amendment) Act, 2012.
(2) It
shall come into force at once.
2. General amendment, Act LXXVII of 1975.--In the Airports Security Force Act, 1975
(LXXVII of 1975), hereinafter referred to as the said Act, for the words
"Force Commander", wherever occurring, the words
"Director-General" shall be substituted.
3. Amendment
of Section 6, Act LXXVII of 1975.In the said Act, in Section 6, in sub-section (2), for the words,
comma, figures, letter and brackets "Police Act, 1861 (V of 1861)"
the words, comma, figures brackets and letters "Police Order, 2002 (Chief
Executive's Order No.22 of 2002)" shall be substituted.
4. Amendment of Section 7-F, Act LXXVII of
1975.In the said Act, in Section
7-F, for the words "Deputy Director" the word "Director"
shall be substituted.
5. Amendment of Section 7-G, Act LXXVII of
1975.In the said Act, in Section
7-G;
(i) for
sub-section (1), the following shall be substituted, namely:-
"(1) the Federal Government may, by notification
in the official Gazette, appoint a Deputy Director-General (Coordination) and
such number of Directors, Deputy Directors, Assistant Directors and Deputy
Assistant Directors as it may think fit.** and
(ii) in
sub-section (2), for the words "Selection Grade Security Guards" and
"Security Guards", the words "Sergeants" and
"Corporals" shall be substituted, respectively.
---------------------------
REGULATIONS, 2012
TELECOMMUNICATION AND TERMINAL EQUIPMENT INSTALLER
REGULATIONS, 2012
[Gazette of
S.R.O.
738 (I)/2012.In exercise of
powers conferred under clause (o) of sub-section (2) of Section 5 read with
sub-section (3) of Section 29 of the Pakistan Telecommunication
(Re-organization) Act, 1996, the Pakistan Telecommunication Authority is hereby
makes the following regulations, namely:
PART I
Preliminary
1. Short title and commencement.(1) These Regulations shall be called
"Telecommunication and Terminal Equipment Installer Regulations,
2012".
(2) These Regulations shall come into force from
the date of gazette notification.
2. Definitions.(1) In these Regulations, unless there is
anything repugnant in the subject or context:-
(a) "Act" means the Pakistan Telecommunication
(Re-organization) Act, 1996;
(b) "Authority" means the Pakistan Telecommunication
Authority established under Section 3 of the Act;
(c) "Certified Minimum Qualification" means basic
diploma/3-year diploma (electrical/electronic/telecom) from recognized
Government of Pakistan (federal/ provincial) institutes and all such other
certifications approved by the Authority from time to time;
(d) "Certified Telecommunication and Terminal Equipment Installer
(Certificate)" means a person who has been issued a certificate for
installation of telecommunication and terminal equipment by the Authority under
these regulations;
(e) "License" means an
authorization granted by the Authority for the establishment, operation and
maintenance of a telecommunication system or provision of any
telecommunications service;
(f) "Person" shall include a
natural person, class of persons, company or co-operation etc;
(g) "Premises" means a class 5
central office (Local Access Exchange) or equivalent, commercial building(s)
with more than three storey's above ground alongwith terminating access network;
(h) "TMA" means Town Municipal
Authorities; and
(i) "Network Termination Point (NTP)"
means the point of termination on a telecommunication system at which the
terminal equipment may be connected.
(2) Words
and expressions used herein but not defined shall have the same meaning
assigned to them in the Act, Rules and Regulations.
3. Scope and Applicability(1) The objective of these regulations is to
register and ensure a minimum standard of qualification is possessed by the Telecommunication
and Terminal Equipment Installer to install quality telecom equipment and
Premises telecommunication wiring which enables the occupiers with
uninterrupted access to multi-play telecom services or broadband using latest technologies.
All installations (both wired and wireless) has to be laid through a Certified
Telecommunication and Terminal Equipment Installer.
(2) These
Regulations shall apply to access networks consisting of wireless, wire/cable
(coax, copper, fiber) and telecommunication equipment connecting essentials
laying within the Premises, other than plug into socket, including but not
limited to NTP at a Premises. PTA "Guidelines on In-house Telecom
Wiring" may be referred, where applicable.
PART II
Telecom Operator & Premises Owner Obligations
4. Telecom Operator Obligations.(1) A Licensee shall not provide any
telecommunications service at a Premises where the telecommunication equipment
is not installed by a Certified Telecommunication and Terminal Equipment Installer
in accordance with the standards prescribed in these regulations.
(2) All
Local Loop (Fixed Local Loop & Wireless Local Loop) licensed telecom
operators shall be required to obtain a Certificate from the Authority if any equipment
is required to be installed at the customer Premises.
(3) The
Network Termination Point shall be securely fixed at the closest customer
Premises from the outside plant. If the terminal equipment is provided by the
Licensee the NTP shall be extended upto the terminal box. The licensed
operators shall maintain all NTP termination and installation records for the
duration of the service.
5. Premises Owner Obligation. Premises telecommun-icationn installations
shall be the responsibility of the Premises owner.
PART III
Telecommunication and Terminal Equipment Installer Obligations
6. Telecommunication and Terminal Equipment
Installer Obligations.(1) The
Certified Telecommunication & Terminal Equipment Installer shall be
responsible for following, as and where applicable:-
a. Wiring
should be as per international standards specified at Annex-B.
b. Wiring
should be properly terminated at Network Termination Point.
c. When
a telecom cabling is placed alongside an AC electrical power cable inside a
wall space or in the ceiling space, it may have a minimum separation of 50.4mm
(2in), or shall be passed through a separate PVC pipe.
d. When
there is a requirement for the telecom cable for voice, data and video to cross
the power cable it shall always cross al right angle.
e. There
should be a clear separation of 2 inches between:
i. Separation from power conduits.
ii. Separation and barriers within raceways;
and
iii. Separation within outlet boxes or
compartments.
f. The
voltage should not be injurious to occupants, it should be safe and secure from
normal electrical power.
g. Should
verify that the attenuation and signal losses are minimum.
h. That the Telecom room (TR) and building entrance facility
(BEF) has enough accommodation for cabling and equipment and additional space
is available for growth. Passive equipments like patch panels should have 50
per cent free ports.
i. General environment requirements should be adhered which
includes sufficient power requirements, power backup, humidity, ventilation and
HVAC etc.
j. Conformity with the provisions of the Act, Rules, these
Regulations and any instructions issued by the Authority.
(2) The Certified
Telecommunication & Terminal Equipment Installer shall execute a written an
agreement with the Premises owner after completion of the installation work to
verify satisfactory completion of the installation work in accordance with
these Regulations. A copy of the agreement shall be retained by the Certificate
holder and the Premises owner.
(3) No Person, other than the
holder of a Certificate shall advertise or otherwise claim to be an authorized
Certificate holder or qualified to perform or carry out such Installation work.
PART IV
Application Procedure for grant of Certificate of Telecommunication and
Terminal Equipment Installation
7. Application for grant of Certificate.(1) An application for the
grant of a Certificate to install telecommunication and terminal equipment at
the designated Premises shall be to the Authority in the form and modes
prescribed at Annex-A.
(2) An application under
sub-regulation (1) shall be accompanied by the information specified in Regulation
9.
(3) Application fee shall be
Rs.1000/- for 5 years to paid at the time of processing.
8. Procedure for grant of Certificate.(1) On receipt of an
application for the grant of a Certificate, the Authority shall examine the
application.
(2) The Authority shall consider
the application to determine whether or not to grant a Certificate. The
Authority shall take into account the following factors:-
(a) Technical knowledge of
applicant, design, laying, maintenance/installations, operation and testing of
all relevant telecommunication and terminal equipment systems;
(b) Capability to understand
and implement technical installation plans, and understanding of corrective and
preventative maintenance standards;
(c) Knowledge of connectors,
appropriate cable, jointing material, computers and electronic equipment like
processors, chips, hardware/software and circuit boards;
(d) Understanding of
transmission, operation and control of telecommunications systems;
(e) Relevant
Qualification:-
(i) Basic diploma/3-year diploma (electrical/electronic/
telecom) from recognized Government (federal/ provincial) institutes; and
(ii) all such other certifications approved by
the Authority from time to time.
(f) Posses the following
competence as specified in ANNEX-B to these Regulations which may change from
time to time in accordance with the recommendations and standards provided by
internationally recognized bodies:
a.
- Telecommunication Pathways and Spaces
(e.g. TIA 569B etc.)
b. Telecommunication Wiring Standard (e.g. EIA/TIA
568).
c. Telecommunication on-Premises wiring.
d. Public network OSP cabling.
e. Knowledge of
the network topologies.
f. Aware of the latest wired and wireless
access layer technologies, for instance LAN CAT & Fiber optic terminations,
WiFi, RFIDs knowledge of the earthing requirements.
g. Aware of high voltage telecom equipment
safety requirements.
(g) Any other factor deemed necessary by the Authority.
(3) The Authority upon satisfactory evaluation of an application
complete in all respects shall grant the Certificate within twenty (20) working
days for carrying out telecommunication and terminal equipment installation at
the designated Premises in accordance with these Regulations;
Provided that the Authority
may reject an application after recording reasons leading to denial.
(4) If the application is found incomplete the applicant shall be
informed within ten (10) working days to remove such deficiencies.
(5) The Authority shall issue a unique Certificate number to each
Certified Telecommunication and Terminal Equipment Installer. The number shall
indicate the month/year of issuance alongwith other details, as desired by the
Authority.
9. Duration and
Renewal.The
Certificate issued by the Authority shall be valid for a period of five (5)
years.
PART-V
Miscellaneous
10. Public Education
& Awareness.(1) The Authority shall launch a media campaign through print and
electronic media for the education of the general public of all the
requirements to be followed for the installation of telecommunication and
terminal equipment at the designated Premises in accordance with these
Regulations.
(2) The Authority will intimate all Town
Municipal Authorities, cantonment(s), authorities etc. about Telecommunication
& Terminal Equipment Installation Regulations through mass media and
placement on PTA website and website of the concerned authorities.
Annex-A
http:/www.pta.gov.pk
APPLICATION
FORM FOR TELECOMMUNICATION & TERMINAL EQUIPMENT INSTALLER
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i. Please provide itemized response, if
familiar with Annex-`B ii. Check List: Attested Copies of (a),
CNIC, (b) Educational degree(s), (c) Experience Certificate(s) iii. Extra sheets may be added (if required) |
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Annex-B
Telecommunication and Terminal Equipment
Installer Requirement Specifications
The Certificate holder is required to possess
the following relevant skill set:
(a) Should
be aware of International standards for:
h. Residential telecommunication
Infrastructure (e.g. EIA/TIA 570B etc.)
i.
i. Telecommunication Pathways and Spaces (e.g.
TIA 569B etc.) and;
ii. Telecommunication Wiring Standard (e.g.
EIA/TIA 568).
j. Telecommunication on-premise wiring.
k. Public Network OSP Cabling
(b) Should
have good knowledge of the network topologies.
(c) Should
be aware of the latest wired and wireless access layer technologies, for
instance LAN CAT & fiber optic terminations, WiFi, RFIDs.
(d) Should
have a sound knowledge of the earthing requirements.
(e) Aware
of high voltage telecom equipment safety requirements.
(f) Aware
of exposure to hazardous wireless equipment.
(g) All
standards defined by ITU and other organizations etc. from time to time.
----------------------
ORDINANCE NO. I OF 2013
FEDERAL OMBUDSMEN INSTITUTIONAL REFORMS ORDINANCE,
2013
An Ordinance
to make institutional reforms for standardizing and harmonizing the laws
relating to Federal Ombudsmen institution of and the matters ancillary or akin
thereto;
[Gazette of
No.
F. 2(1)/2013-Pub.The
following Ordinance promulgated by the President is hereby published for
general information:-
WHEREAS it is expedient to make institutional
reforms for standardizing and harmonizing the laws relating to institution of
Federal Ombudsmen and the matters ancillary or akin thereto;
AND WHEREAS, it is expedient to enhance
effectiveness of the Federal Ombudsmen to provide speedy and expeditious relief
to citizens by redressing their grievances to promote good governance;
AND WHEREAS, it is necessary that in order to
enable the Federal Ombudsmen to perform their functions efficiently, they
should enjoy administrative and financial autonomy;
AND WHEREAS the National Assembly and the
Senate are not in session and the President is satisfied that circumstances
exist which render it necessary to take immediate action;
Now, THEREFORE, in exercise of the powers
conferred by clause (1) of Article 89 of the Constitution of the Islamic
Republic of Pakistan, the President is pleased to make and promulgate the
following Ordinance:--
1. Short title, extent and commencement.(1) This Ordinance may be called the Federal
Ombudsmen Institutional Reforms Ordinance, 2013.
(2) It
extends to the whole of
(3) It
shall come into force at once.
2. Definitions.In this Ordinance, unless there is anything
repugnant in the subject or context,
(a) "Agency" means, the Agency
defined in the relevant legislation and in relation to the Establishment of the
Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (P.O. No. l of 1983) shall
include an Agency in which the Federal Government has any share or which has
been licensed or registered by the Federal Government and notified by the
Wafaqi Mohtasib (Ombudsman) in the Official Gazette.
(b) "Ombudsman" mean an Ombudsman
appointed under the relevant Legislation and includes the Ombudsman appointed
under Section 21.
(c) "relevant legislation" means,
the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (P.O. No. l of 1983), the
Establishment of the Office of Federal Tax Ombudsman Ordinance, 2000 (XXXV of 2000),
the Insurance Ordinance, 2000 (Ordinance No. XXXIX of 2000), the Banking
Companies Ordinance, 1962 (LVII of 1962), and the Protection against Harassment
of Women at the Workplace Act, 2010 (IV of 2010).
3. Tenure of the Ombudsman.The Ombudsman shall hold office for a period
of four years:
Provided that the Ombudsman shall continue to
hold office after expiry of his tenure till his successor enters upon the
office.".
4. Acting Ombudsman.At any time when the office of Ombudsman is vacant
or he is unable to perform his functions due to any cause the President shall appoint
an Acting Ombudsman who shall perform functions and exercise powers as are
vested in the Ombudsman and shall be entitled to all privileges as are
admissible to Ombudsman:
Provided that till such time the Acting
Ombudsman is appointed, the Wafaqi Mohtasib (Ombudsman) shall act as Ombudsman
of the concerned office and in case the Wafaqi Mohtasib is absent or unable to
perform functions of his office, the Federal Tax Ombudsman shall act as Wafaqi
Mohtasib (Ombudsman), in addition to his own duties.
5. Removal of Ombudsman.An Ombudsman may be removed from office
through Supreme Judicial Council on the grounds of being incapable of properly performing
duties of his office by reason of physical or mental incapacity or found to have
been guilty of misconduct.
6. Resignation.The Ombudsman may resign his office by
writing under his hand addressed to the President.
7. Grievance Commissioner.(1) The Ombudsman shall appoint or designate
an officer not below BPS-21 as a Grievance Commissioner in an Agency against
which a large number of complaints are received persistently.
(2) The
Grievance Commissioner shall exercise the powers and perform the functions as
may be specified by the Ombudsman.
8. Oath of office.An Ombudsman shall take Oath before he enters
upon his office in the form as prescribed in the relevant legislation and in
case such form is not prescribed in the relevant legislation he shall make oath
before the President before he enters upon the office in the form set out in
the Schedule to this Act.
9. Expeditious disposal of complaints.(1) The Agency shall, if so required by the
Ombudsman, submit written comments in a complaint within fifteen days, and this
period may be extended for a further period of seven days on a sufficient cause.
(2) The
representative of the Agency shall, if so required by the Ombudsman, attend the
hearing of a complaint, or may request in writing for adjournment with specific
reasons, such adjournment if justified shall not be allowed more than seven
days.
(3) Disciplinary
action shall be taken by the competent authority if there is failure in terms
of sub-section (1) or sub-section (2).
(4) The
Competent authority shall within fifteen days inform the Ombudsman about the
action taken on his orders under sub-section (3).
(5) The
Ombudsman shall dispose of the complaint within a period of sixty days.
10. Powers of Ombudsman.In addition to powers exercised by Ombudsman under
the relevant legislation, he shall also have following powers of a civil Court,
namely:-
(i) granting
temporary injunctions; and
(ii) implementation
of the recommendations, orders or decisions.
11. Temporary Injunction.The Ombudsman may stay operation of the impugned
order or decision for a period not exceeding sixty days.
12. Power to punish for contempt.An Ombudsman shall have power to punish for
contempt as provided in the Contempt of Court Ordinance, 2003 (V of 2003).
13. Review.(1) The Ombudsman shall have the power to review any findings, recommendations,
order or decision on a review petition made by an aggrieved party within thirty
days of the findings, recommendations, order or decision.
(2) The
Ombudsman shall decide the review petition within forty five days.
(3) In
review, the Ombudsman may alter, modify, amend or recall the recommendation,
order or decision.
14. Representation.(1) Any person or party aggrieved by a
decision, order, findings or recommendations of an Ombudsman may file
representation to the President within thirty days of the decision, order,
findings or recommendations.
(2) The
operation of the impugned order, decision, findings recommendation shall remain
suspended for period of sixty days, if the representation is made as per sub-section
(1).
(3) The
representation shall be addressed directly to the President and not through any
Ministry, Division or Department.
(4) The
representation shall be processed in the office of the President by a person
who had been or is qualified to be a judge of the Supreme Court or has been
Wafaqi Mohtasib or Federal Tax Ombudsman.
(5) The
representation shall be decided within one hundred and twenty days.
15. Personal hearing.It shall not be necessary for the President
or the Ombudsman to give personal hearing to the parties and the matter may be
decided on the basis of available record and written comments filed by the
Agency.
16. Supply of copies.The Ombudsman shall supply free of cost
copies of the findings and recommendations to the parties.
17. Administrative and financial powers of
Ombudsman.(1) The Ombudsman
shall be the Chief Executive and Principal Accounting Officer of the Office and
shall enjoy complete administrative and financial autonomy.
(2) The
remuneration payable to the Ombudsman and the administrative expenses of the
office shall be an expenditure charged upon Federal Consolidated Fund.
(3) The
Ombudsman shall have full powers to create new posts and abolish old posts, to
change nomenclature and upgrade or downgrade any post provided the expenditure
is met from within the allocated budget of the office of Ombudsman.
(4) The
Ombudsman shall have full powers to re-appropriate funds from one head of
account to another head of account and to sanction expenditure on any item from
within the allocated budget.
(5) The
Ombudsman may delegate any of the above mentioned powers to a member of the
staff not below BPS-21 or equivalent.
18. Bar of jurisdiction.No Court or authority shall have jurisdiction
to entertain a matter which falls within the jurisdiction of an Ombudsman nor
any Court or authority shall assume jurisdiction in respect of any matter
pending with or decided by an Ombudsman.
19. Additional responsibility.Where an Ombudsman is called upon to look after
work of any office in the service of
20. Holding office of profit after expiry of
tenure.The Ombudsman shall not
hold any office of profit in the service of
21. Miscellaneous.A woman, with an experience of atleast ten
years in the matters relating to protection of women against harassment shall
also be .eligible to be appointed by the President as Ombudsman under the
Protection against Harassment of Women at the Workplace Act, 2010 (IV of 2010).
22. Power to make rules.The Ombudsman, with the approval of the President,
may, by notification in the Official Gazette, make rules to carry out the purposes
of this Act.
23. Removal of difficulties.If any difficulty arises in giving effect to
any provision of this Act, the President may make such Order, as may appear to
him to be necessary or expedient for the purpose of removing the difficulty.
24. Overriding effect.(1) The provisions of this Act shall have
effect notwithstanding anything contained in any other law for the time being
in force.
(2) In
case there is a conflict between the provisions of this Act and the relevant
legislation, the provisions of this Act to the extent of inconsistency, shall
prevail.
"THE SCHEDULE
[See Section 8]
I,
.. do solemnly swear that I will
bear true faith and allegiance to
That as
.. Ombudsman, I will
discharge my duties and perform my functions honestly, to the best of my
ability, faithfully in accordance with the laws of the Islamic Republic of
Pakistan, and without fear or favour, affection or ill-will;
That I will not allow my personal interest to
influence my official conduct or my official decisions;
And that 1 will not directly or indirectly
communicate, or reveal to any person any matter which shall be brought under my
consideration, or shall become known to me, as Ombudsman, except as may be
required for the due discharge of my duties as Ombudsman.
May Allah Almighty help and guide me (Ameen).".
--------------------------
PRESIDENT'S ORDER NO. 1 OF 2013
SALARY OF JUDGES OF SUPERIOR COURTS ORDER, 2013.
[Gazette of
No.
F. 2(2)/2013-Pub.The
following President's Order promulgated by the President is hereby published
for general information:-
WHEREAS the first paragraph of the Fifth
Schedule to the Constitution of the Islamic Republic of Pakistan relating to
the Supreme Court and High Courts provides that such higher salary other than
that specified in the said paragraph shall be paid to a Judge of the Supreme
Court or a High Court as the President may from time to time determine;
Now, THEREFORE, in exercise of the powers
conferred by the aforesaid paragraph, the President is pleased to make the
following Order:-
1. Short title and commencement(1) This Order may be called the Salary of
Judges of Superior Courts Order, 2013.
(2) It
shall come into force at once and shall be deemed to have taken effect on and
from the first day of July, 2012.
2. Salary.(1) The salary to be paid per mensem to the
Chief Justice of Pakistan shall be Rs. 537,865/- and that to be paid to every
other Judge of the Supreme Court shall be Rs. 508,097/-
(2) The salary to be paid per mensem to the Chief
Justice of a High Court shall be Rs. 498,509/- and that to be paid to every
other Judge of a High Court shall be Rs. 479,336/-
3. Repeal.The Salary of Judges of Superior Courts
Order, 2011 (P.O. No.2 of 2011), is hereby repealed.
--------------------------
PRESIDENT'S ORDER NO. 2 OF 2013
SUPREME COURT JUDGES (LEAVE, PENSION AND PRIVILEGES)
(AMENDMENT) ORDER, 2013
An Order further to amend the Supreme Court
Judges (Leave, Pension and Privileges) Order, 1997
[Gazette of
No.
F. 2(2)/2013-Pub.The
following President's Order promulgated by the President is hereby published
for general information:-
WHEREAS it is expedient further to amend the
Supreme Court Judges (Leave, Pension and Privileges) Order, 1997 (P.O.No. 2 of
1997), for the purposes hereinafter appearing;
Now, THEREFORE, in exercise of the powers
conferred by the Fifth Schedule to the Constitution of the Islamic Republic of
Pakistan, the President is pleased to make the following Order:-
1. Short title and commencement.(1) This Order may be called the Supreme
Court Judges (Leave, Pension and Privileges) (Amendment) Order, 2013.
(2) It
shall come into force at once and shall be deemed to have taken effect on and
from the first day of July, 2012.
2. Amendment of Paragraph 22, P.O. No. 2 of
1997.In the said Order, in Paragraph
22, for the words "one hundred ninety six thousand two hundred
nineteen", the words "two hundred thirty five thousand four hundred
sixty three" shall be substituted.
---------------------------
ORDINANCE NO. II OF 2013
MEDICAL AND DENTAL COUNCIL (AMENDMENT) ORDINANCE, 2013
An Ordinance further to amend the Medical
and. Dental Council Ordinance, 1962
[Gazette of
No.
F. 2(1)/2013-Pub.The
following Ordinance promulgated by the President is hereby published for
general information:
WHEREAS it is expedient further to amend the
Medical and Dental Council Ordinance, 1962 (XXXII of 1962), for the purposes
hereinafter appearing;
AND WHEREAS the National Assembly and the
Senate are not in session and the President is satisfied that circumstances
exist which render it necessary to take immediate action;
Now, THEREFORE, in exercise of the powers
conferred by clause (1) of Article 89 of the Constitution of the Islamic
Republic of Pakistan, the President is pleased to make and promulgate the
following Ordinance:-
1. Short title and commencement.(1) This Ordinance may be called the Medical
and Dental Council (Amendment) Ordinance, 2013.
(2) It
shall come into force at once.
2. Substitution of Section 36-B, Ordinance XXXII
of 1962.In the Medical and
Dental Council Ordinance, 1962 (XXXII of 1962), for Section 36-B the following
shall be substituted, namely:-
"36-B.
Transitory provision.(1)
Upon commencement of the Medical and Dental Council (Amendment) Act, 2012 (XIX
of 2012), the incumbent Council constituted under Section 3 shall stand
dissolved.
(2) Notwithstanding
dissolution of the Council under sub-section (1), the President, Vice-President
of the Council and Executive Committee of the Council as exist immediately
before commencement of the aforesaid Act shall stay intact. The President and
Vice-President shall act as members of the Executive Committee.
(3) The
Federal Government shall appoint an Administrator who shall be a medical or
dental practitioner not below BPS-20 officer of Federal Government who shall
head the Executive Committee. The Administrator and the Executive Committee
shall exercise powers of the Council till constitution of a new Council and
shall conduct elections for membership of the Council within a period not
exceeding ninety days.".
----------------------
PRESIDENT'S ORDER NO. 3 OF 2013
HIGH COURT JUDGES (LEAVE, PENSION AND PRIVILEGES)
(AMENDMENT) ORDER, 2013
An Order further to amend the High Court
Judges (Leave, Pension and Privileges) Order, 1997
[Gazette of
No.
F. 2(2)/2013-Pub.The
following President's Order promulgated by the President is hereby published
for general information:-
WHEREAS it is expedient further to amend the
High Court Judges (Leave, Pension and Privileges) Order, 1997 (P.O.No. 3 of
1997), for the purposes hereinafter appearing;
Now, THEREFORE, in exercise of the powers
conferred by the Fifth Schedule to the Constitution of the Islamic Republic of
Pakistan, the President is pleased to make the following Order:-
1. Short title and commencement.(1) This Order may be called the High Court
Judges (Leave, Pension and Privileges) (Amendment) Order, 2013.
(2) It
shall come into force at once and shall be deemed to have taken effect on and
from the first day of July, 2012.
2. Amendment of Paragraph 23, P.O. No. 3 of
1997.In the said Order, in Paragraph
23, for the words "one hundred fifty six thousand nine hundred seventy
five", the words "one hundred eighty eight thousand three hundred
seventy" shall be substituted.
------------------------
ACT NO. XXIII OF 2012
CRIMINAL LAW (AMENDMENT) ACT, 2012
An Act further to amend the
[Gazette of
No.
F. 22(19)/2008-Legis.The
following Act of Majlis-e-Shoora (Parliament) received the assent of the
President on
WHEREAS it is expedient further to amend the
Pakistan Penal Code, 1860 (XLV of 1860) and the Code of Criminal Procedure,
1898 (Act V of 1898), for the purposes hereinafter appearing:
It is hereby enacted as follows:-
1. Short title and commencement.(1) This Act may be called the Criminal Law
(Amendment) Act, 2012.
(2) It
shall come into force at once.
2. Insertion of Section 489-G, Act XLV of
1860.In the
"489-G.
Counterfeiting or using documents resembling Prize Bonds or unauthorized sale
thereof.Whoever
counterfeits or causes to counterfeit, or delivers to any person, or performs
any act, or uses for any purpose whatsoever, any document purporting to be, or
in any manner resembling, the Prize Bond or the Serial Number of Prize Bonds,
or sells or promotes the sale of Prize Bonds on Serial Number of Prize Bonds
unless authorized by the Federal Government, shall be punished with the
imprisonment of either description for a term which may extend to seven years
and with fine.".
3. Amendment of Schedule II, Act V of 1898.In the Code of Criminal Procedure, 1898 (Act
V of 1898), in Schedule II, after the entries relating to Section 489-F, the
following new entries shall be inserted, namely:-
|
489-G |
Counterfeiting or
using documents resembling Prize Bonds or unauthorized sale etc., thereof |
Ditto |
Ditto |
Ditto |
Not compoundable |
Imprisonment for
seven years, and fine. |
Court of Sessions or
Magistrate of first class. |
--------------------------
ORDINANCE NO. VIII OF 2012
ESTABLISHMENT OF THE OFFICE OF WAFAQI MOHTASIB
(OMBUDSMAN) ORDER (AMENDMENT) ORDINANCE, 2012
An Ordinance further to amend the
Establishment of the office of the Wafaqi Mohtasib (Ombudsman) .Order, 1983
[Gazette of
No.
F. 2(1)/2012-Pub.The
following Ordinance promulgated by the President is hereby published for
general information :-
WHEREAS it is expedient further to amend the
Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (RO.I of
1983), for the purpose hereinafter appearing;
AND WHEREAS the National Assembly and Senate
are not in session and the President is satisfied that circumstances exist
which render it necessary to take immediate action;
Now, THEREFORE, in exercise of the powers
conferred by clause (1) of Article 89 of the Constitution of the Islamic
Republic of Pakistan, the President is pleased to make and promulgate the
following Ordinance:-
1. Short title and commencement.(1) This Ordinance may be called the
Establishment of the office of Wafaqi Mohtasib (Ombudsman) Order (Amendment)
Ordinance, 2012.
(2) It
shall come into force at once.
2. Amendment of Article 24. P.O.I of 1983.In the Establishment of the Wafaqi Mohtasib
(Ombudsman) Order, 1983 (P.O.I of 1983), in Article 24, in clause (2), for the
fullstop, at the end, a colon shall be substituted and thereafter the following
proviso shall be added, namely:-
"Provided that the Wafaqi Mohtasib may,
by order in writing and for such period and subject to such conditions as he
may deem fit, delegate his powers to any officer holding post in BS-21 or above
in the Wafaqi Mohtasib's Secretariat."
-------------------------
ACT NO. XXII OF 2012
INTELLECTUAL PROPERTY ORGANIZATION OF
An Act to provide for the establishment of
Intellectual Property Organization of
[Gazette of
No.
F. 9(10)/2012-Legis.The
following Act of Majlis-e-Shoora (Parliament) received the assent of the
President on
WHEREAS Intellectual Property Rights
including copyrights, trade-marks, patents, designs, lay-out, designs of
integrated circuits, trade secrets and other intellectual property laws;
supported by other laws are powerful tools for economic growth. The protection
of these and similar intellectual property rights of the citizens is essential
to foster creative thinking, stimulate creativity, provide incentives for
technological innovations, and attract investment;
AND WHEREAS it is expedient to establish the
Intellectual Property Organization of Pakistan to provide for the institutional
arrangement in the state setup for taking up exclusively and comprehensively
all subjects and matters relating to intellectual property rights in an
integrated manner and for matters connected therewith or incidental thereto;
It is hereby enacted as follows
1. Short title, extent and commencement.(1) This Act may be called the Intellectual
Property Organization of Pakistan Act, 2012.
(2) It
extends to the whole of
(3) It
shall come into force with effect from
2. Definitions.In this Act, unless there is anything
repugnant in the subject or context,
(a) "Board"
means the Policy Board constituted under Section 4;
(b) "Chairman"
means the Chairman of the Organization appointed under Section 9;
(c) "Code"
means the Code of Criminal Procedure, 1898 (Act V of 1898) or Code of Civil
Procedure (Act V of 1908), as the case may be;
(d) "Director
General" means the Director-General appointed under Section 12;
(e) "employee"
means any officer or staff of the Organization excluding a person hired on
daily wages or contingent basis;
(f) "Fund"
means the fund established under Section 26;
(g) "Intellectual
Property" includes a trademark, patent, industrial design, layout-design
(topographies) of integrated circuits, copyright and related rights and all
other ancillary rights;
(h) "Intellectual
Property Laws" means the laws specified in the Schedule;
(i) "Member"
means a member of the Board;
(j) "offence
means an offence as defined in Intellectual Property Laws;
(k) "Organization"
means the Intellectual Property Organization of Pakistan established under Section
3;
(l) "prescribed"
means prescribed by rules;
(m) "rules"
means the rules made under this Act;
(n) "regulations"
means the regulations made under this Act;
(o) "Secretary"
means the Director-General of the Organization;
(p) "Schedule"
means the schedules to this Act; and
(q) "Tribunal"
means an Intellectual Property Tribunal established under Section 16.
3. Establishment of the Organization.(1) There shall be established an
Organization to be known as Intellectual Property Organization of Pakistan to carry
out the purposes of this Act.
(2) The
Organization shall be an autonomous body having perpetual succession and a
common seal with powers, subject to the provisions of this Act, to hold and
dispose of property both movable and immovable and shall by the said name sue
and be sued and may enter into contracts, acquire, purchase, take, hold, enjoy,
covey, assign, surrender, yield up charge, mortgage, demise, reassign, transfer
or otherwise dispose of or deal with, any movable or immovable property of
every description or any interest vested in it, upon such terms as it deems
fit.
(3) The
head office of the Organization shall be in
4. Policy Board.(1) The Federal Government shall, by
notification in the official Gazette, constitute a Policy Board of the
Organization consisting of the Chairman and fourteen other Members as specified
in sub-section (2).
(2) The Board shall consist of the following,
namely:-
(a) five
Member from the public sector who shall be the,
(i) Secretary to the Government of Pakistan,
Cabinet Division, ex-officio;
(ii) Secretary to the Government of Pakistan,
Interior Division, ex-officio;
(iii) Secretary to the Government of Pakistan,
Commerce Division, ex officio;
(iv) Secretary to the Government of Pakistan,
Information and Broadcasting Division, ex-officio;
and
(v) Chairman, Federal Board of Revenue, ex-officio;
(b) five
Members to be appointed by the Federal Government from private sector; and
(c) four
Members from the provinces, as recommended by the Provincial Governments to be
appointed by the Federal Government. Eligibility criteria of these Members
shall be specified by the Federal Government, by notification in official
Gazette, in consultation with the Chairman.
(3) The
Chairman shall be the Chairman of the Board.
(4) The
Director-General shall also act as Secretary of the Board.
(5) If
any Member specified in clause (a) of sub-section (2) is absent or is unable to
attend a meeting of the Board, he may authorize an officer, not below the rank
an officer of BPS-20 of his Division.
(6) The
Chairman shall, in the event of a tie, have a casting vote.
(7) The
Members from private sector shall be appointed by the Federal Government for a
term of three years and shall be eligible for re-appointment for a second term
of three years.
(8) In
case of death, resignation or removal of a Member another person may be
appointed as a Member for the term specified at sub-section (7).
(9) No
person shall be appointed or continued as a Member if he,
(a) has
been convicted of an offence involving moral turpitude; or
(b) has
been or is adjudged insolvent;
(c) is
incapable of discharging his duties by reason of physical, psychological or
mental unfitness and has been declared so by a registered medical practitioner
appointed by the Federal Government; and
(d) deemed
incapable of carrying out his responsibilities for any other reason.
5. Powers of the Federal Government.Notwithstanding anything contained in this
section the Federal Government may, by notification in the official Gazette,
increase or decrease the number of Members of the Board and issue directions to
the Organization.
6. Functions etc., of the Board.(1) The Board shall be responsible for
setting of objectives and policy guidelines of the Organization.
(2) Subject
to the provisions of the Act, in particular and without prejudice to the
generality of sub-section (1), the Board shall,
(a) take
policy decisions as well as advise the Federal Government on all matters
relating to
(i) developing processes, service structure
and propose rules for the services specifically designed to ensure protection
of intellectual property laws in
(ii) ensuring implementation of intellectual
property rights in
(iii) expressing its opinion in writing on any
policy matter referred to it by the Federal Government or the Organization;
(b) consider
and approve policies, plans and programmes of the Organization;
(c) consider
and approve, with or without modification, any regulations, with respect to
implementation of policy decisions proposed to be made by the Organization
under this Act;
(d) formulate
procedures and necessary framework for utilization of funds generated or
acquired through services, donations, investments or grants, etc.;
(e) specify
and propose fees, penalties and other charges chargeable by the Organization
with the approval of Federal Government for carrying out the purposes of this
Act; and
(f) exercise
all such powers and perform all such functions as are conferred or assigned to
it under this Act.
(3) All
policy decisions, including the change in the previously established policy, in
respect of all and any matters within the jurisdiction of the Organization shall
be made only by the Board.
(4) All
policy decisions and directives of the Board shall be published in the official
Gazette.
7. Delegation of powers.The Board may, by general or special order in
writing subject to such limitations, restrictions or conditions, delegate all
or any of its powers and functions to the Chairman.
8. Meetings of the Board.(1) The meetings of the Board shall be convened
by and under the directions of the Chairman:
Provided that the Federal Government may
direct convening of a meeting of the Board at any time, on any matter requiring
a decision by the Board.
(2) The
Board shall meet as often as may be necessary for the performance of its
functions but it shall meet not less than two times in a calendar year.
(3) A
simple majority of the total membership shall constitute the quorum for a
meeting of the Board. Agenda of the meeting shall be presented only once the quorum
is complete. The decision in the Board shall be adopted by simple majority of
the Members present and voting.
(4) Subject
to the provisions of this Act, the procedure and conduct of business of the
Board shall be regulated by the regulations.
(5) No
act or proceedings of the Board shall be invalid by reason only of the
existence of a vacancy in the constitution of the Board.
(6) In
case the Chairman is absent or his office is vacant for any reason, the
Secretary Cabinet Division shall chair the meetings of the Board.
9. Chairman.(1) There shall be a Chairman of the Organization to be appointed by
the Federal Government for a term of three years.
(2) The
Chairman shall be entitled to such privileges and perquisites as may be
prescribed.
(3) The
Chairman may resign from his office at any time by notice in writing addressed
to the Federal Government.
(4) A
vacancy in the Organization caused by the death or resignation of the Chairman
shall be filled by the Federal Government within ninety days of the occurrence
of such vacancy.
(5) The
Chairman may, by general or special order in writing, subject to such
limitations, restrictions or conditions, delegate all or any of his powers and functions
to the Director-General including the powers delegated to him under Section 7.
10. Privileges and perquisites of the Members.The Members other than public sector Members
shall be entitled to such privileges and perquisites as may be prescribed.
11. Functions and powers of the Chairman.(1) The Chairman shall preside the meetings
of the Board.
(2) The
Chairman shall supervise and oversee the Director-General in the performance of
his duties and responsibilities under this Act and shall guide and direct him,
as deemed necessary.
(3) The
Chairman shall exercise all such powers and perform all such functions as are
conferred or assigned to him under this Act.
12. Director-General.(1) There shall be a Director-General of the Organization
who shall be appointed by the Federal Government in consultation with the
Chairman on such terms and conditions as may be prescribed.
(2) A
person shall not be appointed as a Director-General unless he is a Federal
Government officer of not below the rank of BPS 21.
(3) The
Director-General shall be the functional head of the Organization and shall be
responsible for day to day administration of the affairs of the Organization.
(4) The
Director-General shall comply with such directions and decisions of the Federal
Government, Chairman or the Board issued from time to time.
(5) The
Director-General shall assist the Chairman in formulating policy framework to
update the Organization and to fulfill obligations of the State on the subject
to be presented before the Board for approval.
(6) The
Director-General shall be competent in managing the human resource and other
resources of the Organization in the light of Act and the decisions of the
Federal Government, Chairman and the Board.
13. Powers and functions of the Organization.The powers and functions of the Organization
shall be to,
(i) administer and coordinate
all Government systems for the protection and strengthening of intellectual
property laws, rules and regulations made thereunder;
(ii) manage or implement
measures and standards on any matter related to or connected with Intellectual
Property;
(iii) accredit
or certify any person as intellectual property agent;
(iv) levy
such charges or fees for services and facilities provided by the Organization
and its constituent offices with the approval of Federal Government;
(v) carry
out such other works or activities as may be deemed by the Organization to be
necessary, with a view to making the best use of the assets of the
Organization;
(vi) coordinate,
monitor or engage, in conjunction with other authorities, international
agencies or organizations, in any study, training or cooperation project
related to intellectual property;
(vii) enter
into contracts for the supply of goods or services or materials or for the
execution of works as may be necessary for the discharge of any of its duties
and functions;
(viii) control,
manage, supervise, direct and coordinate the working of all intellectual
property offices established under intellectual property laws and any other
office or registry established under intellectual property laws to be notified
by the Federal Government and any other registry or office as prescribed;
(ix) evolve
and maintain a system to provide access to public documents and information
relating to any intellectual property kept or maintained by the Organization;
(x) advise
the Federal Government on policy relating to intellectual property rights;
(xi) plan
for development and upgradation of the intellectual property infrastructure and
capacity in
(xii) promote
education and research in the field of intellectual property;
(xiii) advise
the Federal Government regarding the international negotiations in the area of
intellectual property;
(xiv) engage
in human resource development and training of its officers and staff;
(xv) promote
awareness about intellectual property issues in the public and private sector
through print and electronic media, etc;
(xvi) liaise
and interact with counterpart intellectual property related organizations in
other countries for capacity building and exchange of information;
(xvii) propose
and initiate intellectual property rights legislation for the protection of
intellectual property rights in
(xviii) initiate
and monitor the enforcement and protection of intellectual property rights
through designated law enforcement agencies of the Government, Federal or
Provincial, and collect related data and information;
(xix) initiate
and conduct inquires, investigations and proceedings related to offences in the
prescribed manner;
(xx) refer
matters and complaints, related to offences under the laws specified in the
Schedule, to the concerned law enforcement agencies and authorities as may be
necessary for the purposes of this Act;
(xxi) advice
any person, legal or natural, on any matters related to intellectual property
rights including compliance, enforcement and infringement thereof;
(xxii) develop
working manuals, references, materials and procedures in order to assist in
improving the protection of intellectual property rights;
(xxiii) engage
in intellectual property rights advocacy;
(xxiv) coordinate
the implementation of foreign-aided technical assistance projects on
intellectual property;
(xxv) attend
foreign funded international forums, conferences, meetings or training
programmes etc., with the approval of Federal Government;
(xxvi) work
for ratification of instruments as suited to the best national interest; and
(xxvii) perform and carry out any such other
acts, things or functions relating to intellectual property assigned to it by
the Board or the Federal Government.
14. Intellectual property rights advocacy.The Organization shall promote intellectual
property through advocacy which, among others, shall include,
(a) creating
awareness and imparting training about intellectual property issues and taking
such other actions as may be necessary for the protection of intellectual
property rights;
(b) reviewing
policy frameworks for intellectual property rights and making suitable
recommendations for amendments to other laws that affect intellectual property
rights in Pakistan to the Federal Government and Provincial Governments;
(c) holding
open hearings on any matter affecting the state of intellectual property rights
in Pakistan or affecting the State's commercial activities in this regard and
expressing publicly an opinion with respect to the issue;
(d) posting
on its website inquiries under review and completed, educational material etc;
and
(e) coordinating
with trade associations and other related organizations or fora for awareness and implementation of the laws mentioned in the
schedule.
15. Trial of offences.Notwithstanding anything contained in any
other law for the time being in force, an accused shall be tried and prosecuted
for an offence in the Tribunal and the case shall be heard from day to day and
shall be disposed of within ninety days.
16. Establishment of Intellectual Property
Tribunals.(1) The Federal
Government may, by notification in the official Gazette, establish as many
Tribunals as it considers necessary to exercise jurisdiction under this Act,
appoint a Presiding Officer for each of such Tribunal and where it establishes
more Tribunals than one, it shall specify in the notification the territorial
limits within which each of the Tribunal shall exercise its jurisdiction.
(2) Where
more than one Tribunal has been established to exercise jurisdiction in the
same territorial limits, the Federal Government shall define the territorial
limits of each such Tribunal.
(3) Where
more than one Tribunal has been established in the same or different
territorial limits, the High Court may, if it considers it expedient to do so
in the interest of justice or for the convenience of the parties or of the witnesses,
transfer any case from one Tribunal to another.
(4) A
Presiding Officer of the Tribunal shall be appointed by the Federal Government
after consultation with the Chief Justice of the High Court concerned in which
the Tribunal is established and no person shall be appointed a Presiding Officer
of a Tribunal unless he,
(a) has
been a judge of High Court; or
(b) is
or has been a District and Sessions Judge; or
(c) is
an advocate qualified for an appointment as a Judge of the High Court.
(5) A
Tribunal shall hold its sitting at such places within its territorial jurisdiction
as may be determined by the Federal Government.
(6) A
Presiding Officer of a Tribunal, not being a District and Sessions Judge, shall
be appointed for a term of three years from the date on which he enters upon
his office.
(7) The
salary, allowances and other terms and conditions of service, of a person
appointed as a Presiding Officer of a Tribunal shall be as may be determined by
the Federal Government.
(8) A
person, not being a District and Sessions Judge, appointed as a Presiding
Officer of a Tribunal may, by notice in writing under his hand addressed to the
Federal Government, resign from his office.
(9) A
Presiding Officer shall not be removed or transferred from his office before
the completion of term of office without the consultation of the Chief Justice
of the High Court concerned.
(10) A
Presiding Officer shall be eligible for re-appointment for a similar term and
shall cease to hold office on attaining the age of sixty five years or the expiry
of term, whichever is earlier.
(11) The
Tribunal may, if it so requires, be assisted in technical aspects of intellectual
property rights involved in any case by an expert who has experience and
expertise in the matters of intellectual property rights.
(12) Remuneration
of the expert, and the party or parties by whom the same shall be payable shall
be determined by the Tribunal keeping in view the circumstances of each case.
17. Powers of the Tribunals.(1) Subject to the provisions of the Act, the
Tribunal shall,
(a) in
the exercise of its civil jurisdiction, have all the powers vested in a
(b) in
the exercise of its criminal jurisdiction, try offences made punishable under
this Act and shall, for this purpose have the same powers as are vested in a
Court of Sessions under the Code of Criminal Procedure, 1898 (Act V of 1898);
(2) The
Tribunal shall in all matters with respect to which the procedure has not been
provided for in this Act, follow the procedure laid down in the Code,
(3) All
proceedings before the Tribunal shall, be deemed to be judicial proceedings
within the meaning or Sections 193 and 228 of the Pakistan Penal Code (Act XLV
of 1860).
(4) Subject
to sub-section (5), no Court other than a Tribunal shall have or exercise any
jurisdiction with respect to any matter to which the jurisdiction of the Tribunal
extends under this Act.
(5) Nothing
in sub-section (4) shall be deemed to affect any proceedings pending before
such Court immediately before the coming into force of this Act.
(6) All
suits and proceedings pending in any Court instituted under intellectual property
laws shall stand transferred to, and be heard und disposed of by, the Tribunal
having jurisdiction under this Act. On transfer of proceedings under this
sub-section, the parties shall appear before the Tribunal concerned on the date
previously fixed.
(7) In
respect of proceedings transferred to the Tribunal under sub-section (6), the
Court shall proceed from the stage which the proceedings had reached
immediately prior to the transfer and shall not be bound to recall and re-hear
any witness and may act on the evidence already recorded or produced before a Court
from which the proceedings were transferred.
18. Jurisdiction of the Tribunals.(1) All suits and other civil proceedings
regarding infringement of intellectual property laws shall be instituted and
tried in the Tribunal.
(2) Notwithstanding
anything contained in any other law for the time being in force, the Tribunal
shall have exclusive jurisdiction to try any offence under intellectual
property laws.
19. Appeals from Court.Any person aggrieved by the final judgment and
order of the Tribunal under this Act may, within thirty days of the final
judgment or order of the Tribunal, prefer an appeal to the High Court having
territorial jurisdiction over the Tribunal.
20. Authentication of orders and other
instruments of the Organization.All orders, decisions and all other instruments issued by the Organization
shall be authenticated only by the signatures of such officer or officers who
are authorized by the Director-General in this behalf.
21. Prohibition of use of certain names, marks,
seals, etc.No person shall
use any
(a) name, mark or seal, which
may resemble the name, marks or seal of the Organization or certain the
expression or any abbreviation of such expression; or
(b) mark or intellectual
property in relation to any article or process containing the expression
Organization of Pakistan or any abbreviation of such expression.
22. Exercise of powers of the Organization by
other bodies.The Federal
Government may, in consultation with the Organization, by Notification in the
official Gazette, direct that any power exercisable by the Organization under
this Act shall, in relation to such matters and subject to such conditions as
may be specified in the direction, be exercisable also by such body or such
organization as may be specified in the notification.
23. Certain matters to be kept confidential.Any information coming into notice of the
Organization or any of its officers in relation to any article or process,
subject to the provision of this Act or any other law for the time being in force
shall be treated as confidential and shall not be communicated or revealed to any
person:
Provided that nothing in this section shall
apply to the disclosure of any information for the purpose of prosecution under
this Act.
24. Appointment of officers, etc., by the
Organization.(1) The Organization
may, with the prior approval of the Board, create posts and appoint such
officers, employees, experts and consultants, on such terms and conditions as
may be prescribed.
(2) The
Director-General shall be empowered for transfers and postings of all the officers,
employees and servants of the Organization, the Trademarks Registry, Copyright
Office, Patent Office and any other office established under intellectual
property laws as he deems fit and appropriate for proper and efficient working
of the Organization.
(3) The
civil servants working in the Organization shall be governed by the Civil
Servants Act, 1973 (LXXI of 1973), and rules made thereunder unless absorbed in
the Organization.
25. Members and officers, etc., to be public
servants.The Chairman,
Director General, officers, employees, experts and consultants of the
Organization shall, when acting or purporting to act in pursuance of any of the
provisions of this Act, be deemed to be public servants within the meaning of Section
21 of the Pakistan Penal Code (Act XLV of 1860).
26. Intellectual Property Organization of
(2) The
Fund shall be financed from the following, sources, namely:-
(a) grants and loans made by
the Federal Government or a Provincial Government;
(b) loans, aid and donations
from the national or international agencies;
(c) revenue earned from the
levy of various charges or fees, etc; and
(d) income and profits derived
from the investments made by the Organization.
(3) The
Fund shall be kept in one or more accounts maintained by the Organization, in
local or foreign currency, in any scheduled bank in
27. Budget.The Organization shall, in respect of each financial year submit for
approval of the Federal Government, on such date as may be prescribed, a
statement of the estimated receipts and expenditure, including requirements of foreign
exchange for the next financial year.
28. Audit and Accounts.(1) The accounts of the Organization shall be
maintained in the manner prescribed by the Controller General of Accounts.
(2) The
Auditor-General of
(3) A
copy of the audit report shall be sent to the Federal Government alongwith the
comments of the Organization.
(4) The
Federal Government may issue directions to the Organization for the
rectification of any item objected to by the Auditor-General of
29. Power to amend the Schedule.The Federal Government may, in consultation
with the Board, amend the Schedule so as to add any entry thereto or modify or
omit any entry therefrom.
30. Submission of yearly reports and returns.(1) Within three months of the conclusion of
each financial year, the Board shall submit an Annual Report together with a
copy of statement of accounts of the Organization certified by the auditors and
a copy of the auditors' report to the Federal Government in respect of the
activities of the Board including the status of its existing programmes, projects
and further plans formulated in furtherance of its aims and objectives.
(2) The Federal Government may require the
Organization to submit it to,
(a) any
return, statement, estimate, statistics or other information regarding any
matter under the control of the Organization;
(b) a
report on any subject with which the Organization is concerned; and
(c) a
copy of any document in the charge of the Organization.
31. Protection of action taken under the Act.No suit, prosecution or other legal
proceeding shall lie against the Federal Government, the Board or the Organization
or any person acting under the Federal Government or the Organization for
anything which is in good faith done or intended to be done in pursuance of
this Act or any rule or regulation made thereunder.
32. Exemption from any provision of this Act.The Federal Government may, by notification
in the official Gazette, exempt any article or class of articles from the
operation of all or any of the provisions of this Act.
33. Policy directives.The Federal Government may, as and when it considers
necessary, issue policy directives to the Board in respect of its role and functions
and the compliance of such directives shall be binding on the board.
34. Power to make rules.The Organization may, with the approval of
Federal Government, by notification in the official Gazette, make rules for
carrying out the purposes of this Act.
35. Power to make regulations.The Organization may, with the prior approval
of the Board and by notification in the official Gazette, make regulations not
inconsistent with this Act or the rules made thereunder to carry out the
purposes of this Act.
36. Integration of the Trade Marks Registry,
Copyright Office and Patent Office.Notwithstanding anything contained in any other law for the time being
in force and upon the commencement of this Act, the Trademarks Registry, Copyright
Office and Patent Office hereinafter referred to as the said offices shall become
part of the Organization,
(a) all
assets rights, powers, authorities and privileges and all properties, movable
and immovable, cash and bank balance, reserve funds, investment and all other
interest and rights in, or arising out of such properties and all debts,
liabilities and obligations of whatever kind of the said offices subsisting
immediately before their integration shall stand transferred to and vest in the
Organization;
(b) all
officers and other employees, of the said offices shall, not withstanding
anything contained in any law or in any agreement, deed, document or other
instrument, shall stand absorbed and transferred to the Organization and shall
be deemed to have been appointed or engaged by the Organization in accordance
with the terms and conditions which shall not be less favorable than in the
said offices; and no officer or other employee whose services are so absorbed
and transferred shall be entitled to any compensation because of such absorption
or transfer. Such officers and other employees shall have the option either to
remain civil servants, or to be employees of the Organization. The option once exercised
shall be irrevocable. After exercising the option, the employee or employees
shall cease to be a civil servant for all purposes and shall be entitled to
such remuneration, allowances and other terms and conditions of the employment
as are applicable to the employees of the Organization. In the event of such a
person opting to remain as a civil servant, he shall continue to be governed by
Civil Servants Act 1973 (LXXI of 1973) and the rules made thereunder in all
matters. The Organization shall contribute to the pension, gratuity and final
payment of provident fund in accordance with the rules as applicable lo the
civil servant;
(c) all
debts and obligations incurred or contracts entered into or rights acquired and
all matters and things engaged to be done by, with or for the said offices
before their integration, shall be deemed to have been incurred, entered into,
acquired or engaged to be done by or for, the Organization; and
(d) all
suits and other legal proceedings instituted by or against the said offices
before their integration shall be deemed to be suits, and proceedings by or
against the Organization and may be proceeded or Otherwise dealt with
accordingly.
37. Authorities to assist and aid the
Organization.All concerned law
enforcement agencies and authorities in the Federation and the Provinces shall be
under an obligation to provide and render full and complete assistance to the Organization
as the Chairman or Director-General may deem fit and proper to demand or
require for carrying out the purposes of this Act.
38. Removal of difficulties.In case any difficulty arises in giving effect
to this Act, the Federal Government may, for the purposes of removing such difficulty,
make such order as it considers expedient and any such order shall be deemed to
be, and given effect to, as a part of the provisions of this Act.
39.
Act to override other laws.The
provisions of this Act shall have effect notwithstanding anything inconsistent
therewith contained in any other law for the time being in force.
THE SCHEDULE
[see Section 2(h)]
(1) The
Trade Marks Ordinance, 2001 (XIX of 2001).
(2) The
Copyright Ordinance, 1962 (XXXIV of 1962).
(3) The
Patents Ordinance, 2000 (LXI of 2000).
(4) The
Registered Designs Ordinance, 2000 (XLV of 2000).
(5) The
Registered Layout-Designs of Integrated Circuits Ordinance, 2000 (XLIX of 2000).
(6) Sections
478, 479, 480, 481, 482, 483, 485, 486, 487, 488 and 489 of
-----------------------------
ACT NO. XXIV OF 2012
RIGHT TO FREE AND COMPULSORY
EDUCATION ACT, 2012
An Act to provide for free and compulsory
education to all children of the age of five to sixteen years
[Gazette of
No.
F. 23(43)/2012-Legis.The
following Act of Majlis-e-Shoora (Parliament) received the assent of the
President on the 19th December. 2012 and is hereby published for general
information:-
WHEREAS it is expedient to provide free and
compulsory education to all children of the age of five to sixteen years in
schools established by the Federal Government and Local Government in
It is hereby enacted as follows:-
1. Short title, extent and commencement.(1) This Act may be called the Right to Free
and Compulsory Education Act, 2012.
(2) It
shall extend to the
(3) It
shall come into force on such date and in such areas, as the Federal Government
may, by notification in the Official gazette, appoint.
2. Definitions.In this Act, unless there is anything repugnant
in the subject or context,
(a) "Appropriate
Government" means,
(i) in relation to a school established, owned
or controlled by the Federal Government, the Federal Government; and
(ii) in relation to a school established, owned
or controlled by the Local Government, the Local Government;
(b) "capitation
fee" means any donation, contribution or payment, by whatever name, other
than the fee notified by the school or the appropriate Government;
(c) "child"
means a child including a child with special education needs, male or female,
of the age of five to sixteen years of age;
(d) "disadvantaged
child" means a child who belongs to a socially and economically
disadvantaged class, or group or belongs to such parent whose annual income is
lower than the minimum limit specified by the appropriate Government, by the
notification in the Official gazette;
(e) "education"
means the prescribed education for a child by the academic authority, notified
by the Government;
(f) "Education
Advisory Council" means the Education Advisory Council established under
this Act;
(g) "free
education" means education free of any education related costs including
expenditure on stationery, school bags, and transport.
(h) "notification"
means a notification published in the Official gazette;
(i) "parent"
includes a person having the care and custody of a child and includes a natural
guardian or legal guardian so appointed or declared by a Court.
(j) "prescribed"
means prescribed by rules made under this Act;
(k) "School"
means any registered school imparting prescribed education and includes a,
(i) A school established, owned or controlled
by the appropriate Government;
(ii) A school receiving aid or grants from the
appropriate Government to meet the whole or part of its expenses; and
(iii) A school not receiving any kind of aid or
grants from the appropriate Government to meet its expenses.;
(l) screening
procedure means the method of selection for admission of a child, in
preference over another, other than a random method; and
(m) "special
education" means educational programmes and practices designed for
students as handicapped or gifted students, whose mental ability, physical
ability, emotional functioning, etc. require special teaching approaches,
equipment, or care within or outside a regular classroom.
3. Right of child to free education.(1) Every child, regardless of sex,
nationality or race, shall have a fundamental right to free and compulsory
education in a neighbourhood school.
(2) No
child shall be liable to pay any kind of fee, charges, expenses, etc., which
may prevent him from pursuing and completing the education.
(3) It
is the obligation of the appropriate Government to,
(a) provide
free education to every child;
(b) ensure
admission of children of migrant families;
(c) ensure
compulsory admission, attendance and completion of education;
(d) ensure
safely of travel of the child and the teacher to and from school;
(e) ensure
availability of a neighbourhood school;
(f) ensure
that the disadvantaged child is not discriminated against and prevented from,
on any grounds whatsoever, pursuing and completing education:
(g) provide
infrastructure including school building, playgrounds, laboratories, teaching
learning material and reaching staff;
(h) monitor
functioning of schools within its jurisdiction;
(i) decide
the academic calendar;
(j) provide
all training facilities for teachers and students;
(k) ensure
good quality education conforming to the prescribed standards and norms;
(l) ensure
timely prescribing of curriculum and courses of study for education; and
(m) provide
proper training facility for teachers.
4. Special provisions for education.Where a child has not been admitted in any
school or though admitted, could not complete his education, then he shall be
admitted in an appropriate class in a formal or non-formal school:
Provided that he shall, in order to be at par
with others, have a right to receive special training, in such a manner, and
within one academic year.
5. Right of transfer to other school.(1) Where in a school, there is no provision
for completion of the prescribed education, a child shall have a right to seek
transfer to any other school for completing his education.
(2) Where
a child is required to move from one school to another, for any reason
whatsoever, such child shall have a right to seek transfer to any other school for
completing his education.
(3) for
seeking admission in such other school, the in-charge of the school where such
child was last admitted, shall immediately issue the transfer certificate:
Provided that delay in producing the transfer
certificate shall not be a ground for cither delaying or denying admission in
such other school:
Provided further that the in-charge of the
school delaying issuance of transfer certificate or delaying or denying
admission shall be liable for disciplinary action under the service rules.
6. Duty of appropriate Government to
establish school.(1) The appropriate
Government shall, for carrying out the provisions of this Act, establish, within
such limits of neighbourhood as may be prescribed, a school, within a period of
three years from the commencement of this Act.
(2) The
appropriate Government shall encourage enterprises, institutions and other
segments of society, by offering incentives, to establish schools to facilitate
free and compulsory education.
(3) The
appropriate Government shall establish a system of grants-in-aid to support the
school attendance of poor students.
7. Sharing of financial and other
responsibilities.(1) The
Federal Government and the Local Government, if any, shall have concurrent
responsibility for providing funds for carrying out the provisions of this Act.
(2) The
Federal Government may provide to the Local Government as grants-in-aid such
percentage of expenditure for education as it may determine, from time to time,
in consultation with the Local Government.
(3) The
Federal Government shall establish or specify, through notification, an
academic authority to lay down the curriculum and evaluation procedures,
including approval of syllabi and textbooks for students, to develop and
enforce standards for training of teachers, and to provide technical support
and resources for planning and capacity building of teachers and education
managers.
8. Duty of parents.(1) The parent of a child shall, except in
the case of a reasonable excuse, cause a child to attend a school in the
neighbourhood until the said child has completed the prescribed education.
(2) Reasonable excuse for the purpose of
sub-section (1) shall include any of the following cases namely;
(a) where the School
management Committee is satisfied that the child is incapable of attending
school by reason of any infirmity or mental incapacity or it is not desirable
that the child should be compelled to carry on his study further; or
(b) where
there is no School in the neighbourhood.
9. Appropriate Government to provide
pre-school education.The
appropriate Government may make necessary arrangements for providing free
pre-school education and early childhood care for the children above the age of
three years until they join the school for education.
10. Responsibility of private school for free
education.For the purposes
of this Act, a school,
(a) specified in sub-clauses
(i) and (ii) of clause (k) of Section 2, shall provide free education to such
proportion of children admitted therein as its annual aid or grant so received
bears to its annual recurring expenses; and
(b) specified in sub-clause
(iii) of clause (k) of Section 2, shall admit in class I and then in every
class, to the extent of at ten percent of the strength of that class,
disadvantaged children in the neighbourhood and provide free education till the
educational level of that school:
Provided that where a school specified in clause (b), imparts
preschool education, the provisions of clauses (a) and (b) shall apply for
admission to such pre-school education.
11. No capitation fee and screening procedure.(1) No school or person shall, while
admitting a child, collect any capitation fee and subject the child or his
parents or parent to any screening procedure.
(2) Any school or person, if in contravention of
the provisions of sub-section (1),
(a) receives capitation fee,
shall be punishable with fine which may extend to twenty times the capitation
fee charged for the first contravention and fifty thousand rupees for each
subsequent contravention; and
(b) subjects a child or parent
to screening procedure, shall be punishable with fine which may extend to fifty
thousand rupees for the first contravention and one hundred thousand rupees for
each subsequent contravention.
12. Proof of age for admission.For the purposes of admission to a school,
the age of a child shall be determined on the basis of the Form-B of NADRA and
birth certificate issued as prescribed:
Provided that no child shall be denied
admission in a school for lack of proof of age.
13. No denial of admission and expulsion.(1) A child shall be admitted in a school at
the commencement of every academic year:
Provided that no child shall be denied
admission if such admission is sought subsequent to termination of admission
period of the academic year:
Provided that any child subsequently admitted
shall complete his studies in such manner as may be prescribed.
(2) No
child admitted in a school shall be expelled from school till the completion of
the prescribed education.
(3) No
child shall be subjected to corporal punishment or mental harassment.
(4) Whoever
contravenes the provisions of this section, shall be liable to disciplinary action
under the service rules.
14. Registration of Schools.(1) No school, other than a school
established, owned or controlled by the appropriate Government, after the
commencement of this Act, be established or function, without obtaining a
certificate of registration from the prescribed authority.
(2) The
prescribed authority shall issue the certificate of registration in such form,
within such period, in such manner, and subject to such conditions, as may be
prescribed:
Provided that no such registration shall be
granted to a school unless it fulfils the prescribed norms and standards.
(3) The
prescribed authority shall, on the contravention of the conditions of
registration, by an order in writing, withdraw registration:
Provided that registration shall not be so
withdrawn without giving a reasonable opportunity of being heard to such
school:
Provided further that such order shall
contain a direction as to which of the neighbourhood school, the children
studying in the so de-registered school, shall be shitted.
(4) The
appropriate Government or an authorized officer may take such steps as it or he
may deem necessary to close a unregistered or de-registered educational
institution.
(5) Any
person who establishes or runs a school without obtaining certificate of
registration, or continues to run a school after withdrawal of registration,
shall be liable to fine which may extend to two hundred thousand rupees and in
case of continuing contraventions, to a fine of twenty five thousand rupees for
each day during which such contravention continues.
15. Norms and standards of school.(1) No school shall be established or
registered or continue to Function, unless it fulfils the prescribed norms and
standards.
(2) Where
a school established before the commencement of this Act does not conform to the
prescribed norms and standards, it shall take steps to conform to prescribed
norms and standards at its own expense, within a period of two years.
(3) Where
a school fails to conform to the prescribed norms and standards within two
years, the prescribed authority shall withdraw registration granted to such
school.
(4) Any
person who continues to run a school after the registration is withdrawn, shall
be liable to fine which may extend to two hundred housand rupees and in case of
continuing contraventions, to a fine of twenty five thousand rupees for each
day during which such contravention continues.
16. School Management Committee.(1) Every school, other than a school
specified in sub-clause (iii) of clause (k) of Section 2, shall constitute a
School Management Committee consisting of the representatives of the
appropriate Government, teachers, parents of children admitted in such school:
Provided that at-least two-thirds of members
of such Committee shall be parents:
Provided further that one-third of members of
such Committee shall be women.
(2) The School Management Committee shall perform
the following functions, namely:-
(a) monitor
the general working of the school;
(b) ensure that the prescribed
norms and standards are observed;
(c) ensure that the education
policy of the appropriate Government is implemented;
(d) prepare
and recommend the annual development plan;
(e) monitor the utilization of
the aids and grants received from the appropriate Government or any other
source; and
(f) perform such other
functions as may be prescribed or entrusted to it by the appropriate Government.
(3) The
School Management Committee shall also ensure that every child required to
attend a school under this Act attends a school and for this purpose, it shall take
all steps as maybe considered necessary or as may be prescribed by Government.
(4) Where
a School Management Committee is satisfied that a parent who is required under
this Act to cause a child to attend a school has failed to do so, the School
Management Committee, after giving the parent an opportunity of being heard and
after such enquiries as it considers necessary, may puss an order directing the
parent to cause such child to attend a school on and from a date which shall be
specified in the order.
(5) Any
parent who fails to comply with an order issued under sub-section (4) of this
section, shall on conviction be punishable with fine which may extend to five
thousand rupees and with further fine which may extend to five hundred rupees for
every day after the conviction for which the failure continues or with
imprisonment which may extend to three month or with both.
(6) Any
employer of a child, who is required under this Act to attend a School, after
receiving due warning from the School Management Committee, continues to employ
a child, whether on remuneration or otherwise, shall on conviction, be
punishable with fine which may extend to fifty thousand rupees or with
imprisonment which may extend to six month or with both and with a further fine
which may extend to one thousand rupees for every day after the conviction for
which the non-attendance at a school continues.
17. Terms and conditions of service of teachers.(1) No person shall be appointed as a teacher
unless he possesses the prescribed qualifications.
(2) Where
the persons having the prescribed qualifications are not available, the
appropriate Government may, by notification, relax the prescribed
qualifications, for a period not exceeding two years:
Provided that a teacher, who at the
commencement of this Act does not possess the prescribed qualifications, shall
acquire such qualifications within a period of two years.
18.
Duties of teachers.(1) A teacher shall perform the following
duties, namely:
(a) maintain regularity and
punctuality in attending the school;
(b) complete the curriculum
and syllabi within the specified time;
(c) assess the learning
abilities of every child and supplement additional instructions, if any, as
required;
(d) all
round development of the child;
(e) building
up child's knowledge, potentiality and talent;
(f) adopt learning through
activities, discovery and exploration in a child friendly and child-centered
manner;
(g) make the child free of
fear, trauma and anxiety and help the child to express views freely;
(h) hold regular meetings with
parents and share with them the relevant information about the child; and
(i) perform
such other duties as may be prescribed.
(2) A
teacher committing default in performance of duties specified in sub-section (1),
shall be liable to disciplinary action under the applicable service laws.
19.
Other teachers related matters.(1) The appropriate Government shall ensure
that the prescribed pupil-teacher ratio, is maintained in each school within
one year from the date of commencement of this Act.
(2) The
appointing Government shall ensure that vacancies of teachers in a school shall
not exceed ten per cent of the total sanctioned strength and such vacancy shall
be filled within four months.
(3) No
teacher shall be deployed for any non-educational purposes other than the
population census, disaster relief duties or duties relating to elections.
(4) Every
child completing his education shall be awarded a proper certificate, in such
form and in such manner, as may be prescribed.
(5) The
grievances, if any, of a teacher shall immediately be redressed in such manner
as may be prescribed.
20. Monitoring of child's right to education.(1) The appropriate Government, shall, in
addition to the functions assigned to them under this Act, also perform the
following functions, namely:-
(a) take
all necessary measures for the effective implementation of the child rights
under this Act; and
(b) inquire
into complaints relating to child's right and take appropriate action.
(2) Any
person having any grievance relating to the rights of a child under this Act
may make a written complaint to the appropriate Government.
(3) After
receiving the complaint under sub-section (2), the appropriate Government shall
decide the matter within the period of one month after affording a reasonable
opportunity of being heart to the parties concerned.
21. Medical and dental inspection of children.(1) Every school shall, so far as it is
reasonable and practicable so to do, provide for the medical and dental
inspection, at appropriate intervals, of the students.
(2) The
school may require the parent of a student to cause the student to undergo
medical or dental inspection in accordance with arrangements made by the school
authorities, or by a registered medical or dental practitioner, and a person
who fails without reasonable excuse to comply with the requirement shall be
guilty of an offence and shall, on conviction, be liable to a fine not
exceeding five thousand rupees.
22. Education Advisory Council.(1) The appropriate Governments shall
constitute an Education Advisory Council consisting of such number of members,
not exceeding nine, to be appointed from amongst persons having knowledge and
practical experience in the field of the education, child rights and child
development to advise the appropriate Governments on implementation of the
provisions of this Act in an effective manner.
(2) The
Education Advisory Council shall also ensure that every child required to
attend a school under this Act attends a school and for this purpose it shall
take all steps as may be considered necessary or as may be specified by Government.
(3) The
terms and conditions of the appointment of members of the Education Advisory
Council shall be such as may be prescribed.
23. Awards.(1) The teachers, educational administrators, educational researchers,
individuals and organizations who meet the set criteria may be awarded the
prescribed awards.
(2) The students with excellent achievements
in learning and training may be awarded the prescribed awards.
24. No Advertisement without Registration.(1) No person shall promote an educational
institution, whether by advertisement, prospectus, brochure or otherwise,
unless the educational institution has been registered or a provisional certificate
of registration has been issued.
(2) A
person who contravenes sub-section (1) shall be guilty of an offence and shall,
on conviction, be liable to a fine not exceeding one hundred thousand rupees or
to imprisonment for a term not exceeding one year or to both.
25. Inspections and directions.(1) The appropriate Government shall, from time
to time, inspect or cause to be inspected a registered educational institution for
the purpose of ascertaining that this Act and the rules made under this Act
have been and are being complied with.
(2) The
appropriate Government may issue such guidelines and give such directions as it
deems fit for the proper implementation of the provisions of this Act.
(3) Every
school shall provide such information as may be required by the appropriate Government.
26. Prosecution of the offences.(1) No prosecution for offences punishable
under this Act shall be instituted except upon a complaint with the previous sanction
of the appropriate Government.
(2) All
the offences under this Act are bailable and compoundable.
(3) The
authorized officer in a ease where he deems it fit and proper so to do, may
compound any offence committed by a person which is punishable under this Act
on payment, within such time as may be specified in the order, of such sum of
money, as may be so specified, which shall not exceed fifty per centum of the amount
of the maximum fine to which the person would have been liable if he had been
convicted of the offence.
27. Protection of action taken in good faith.No suit or other legal proceeding shall lie
against the appropriate Government, the School Management Committee or any
other person, in respect of anything which is in good faith done, in pursuance
of this Act, or any rules or order made there under.
28. Repeal.The Islamabad Capital Territory Compulsory Primary Education Ordinance,
2002 (XIV of 2002) shall stand repealed:
Provided that such repeal shall not affect
the previous operations of the law under repeal or order passed or anything
duly done or suffered there under.
29. Powers to make rules.(1) The appropriate Government may, by notification,
make rules, for carrying out the provisions of this Act.
(2) Without
prejudice to the generality of the foregoing powers, such rules may provide for
all or any of the following matters, namely:-
(a) the
area or limits for establishment of a neighbourhood school;
(b) the
manner of maintenance of records of children:
(c) determining
the age of child;
(d) the
extended period for admission and the manner of completing study if admitted
after the extended period;
(e) the
manner of giving special training and the time-limit thereof;
(f) the
authority, the form and manner of making application for Certificate of
Registration:
(g) the
form, the period, the manner and the conditions for issuing Certificate of
Registration;
(h) the
manner of giving opportunity of hearing under this Act;
(i) the
functions of School Management Committees;
(j) school
annual development plan;
(k) the
salary and allowances payable to, and the terms and conditions of service of
teachers;
(l) the
duties to be performed by the teachers;
(m) the
manner of redressing grievances of teachers, students or any other person;
(n) the
form and manner of awarding certificate for completion of the education; and
(o) the
allowances and other terms and conditions of appointment of members of the
relevant Education Advisory Council.
----------------------------
REGULATIONS, 2012
NATIONAL ELECTRIC POWER REGULATORY AUTHORITY
(PROCEDURE FOR FILING APPEAL BEFORE THE AUTHORITY) REGULATIONS, 2012
[Gazette of
S.
R. O. 1264(I)/2012.In
exercise of the powers conferred by Section 47, read with Sections 12-A and
38(3) of the Regulation of Generation, Transmission and Distribution of
Electric Power Act 1997, the National Electric Power Regulatory Authority is
pleased to make the following regulations, namely:-
1. Short title and commencement.(1) These regulations may be called the
National Electric Power Regulatory Authority (Procedure for filing appeal
before the Authority) Regulations, 2012.
(2) These
shall come into force at once.
2. Definitions.(1) In these regulations, unless there is
anything repugnant in the subject or context,
(a) "Act" means the
Regulation of Generation, Transmission and Distribution of Electric Power Act
1997;
(b) "Authority"
means the authority established under Section 3 of the Act;
(c) "appeal" means
an appeal preferred under Section 12-A or 38 (3) of the Act.
(d) "appellant"
means a person who prefers an appeal before the Authority;
(e) "authorized
representative" means a person who is authorized to appear, plead and act
on behalf of the appellant before the Authority;
(f) "form"
means form appended to these regulations;
(i) "Registrar"
means an officer of the Authority who is appointed to perform the functions of
the Registrar of Authority.
(2) Words
and expressions used and not specifically defined herein, but defined in the
Act, shall have the meaning assigned to them in the Act.
3. Filing of appeal.(1) Any person aggrieved by any decision or order
of the single Member of the Authority or Tribunal constituted under Section 11
of the Act or from a decision given by the Provincial office of Inspection may,
within 30 days of the order or decision; file an appeal before the Authority.
(2) No
appeal shall be competent against any order or decision given with the consent
of the parties or against any interim order.
4. Limitation for filing appeal.(1) Every appeal shall be filed within a
period of thirty days from the date on which a copy of the order against which
the appeal is preferred is received by the appellant:
Provided that the Authority may, upon an
application filed in this behalf, entertain an appeal after the expiry of the
said period of thirty days if it is satisfied that there was sufficient cause
for not filing it within the period.
(2) Subject
to anything contrary on the record the copy of the order against which an
appeal is filed shall be presumed to have been received by the appellant if:
(a) sent
by courier, three days following the day it is dispatched by the Receipt and
Issue department of the Authority;