ACT XLIV OF 2012

PUNJAB COURT OF WARDS (AMENDMENT)
ACT, 2012

An Act further to amend the Punjab Court of Wards Act 1903.

[Gazette of Punjab, Extraordinary, 30th July, 2012]

No. PAP-Legis-2(120)/2012/723.--The Punjab Court of Wards (Amendment) Bill 2012, having been passed by the Provincial Assembly of the Punjab on 18 July 2012, and assented to by the Governor of the Punjab on 28 July 2012, is hereby published as an Act of the Provincial Assembly of the Punjab.

Preamble.--Whereas it is expedient further to amend the Punjab Court of Wards Act 1903 (II of 1903) for purposes hereinafter appearing;

It is enacted as follows:--

1.         Short title and commencement.--(1) This Act may be cited as the Punjab Court of Wards (Amendment) Act, 2012.

(2)  It shall come into force at once.

2.         Amendment in Act II of 1903.--In the Punjab Court of Wards Act 1903 (II of 1903), hereinafter referred to as the said Act, for the words "Provincial Government", wherever occur, the word "Government" shall be substituted.

3.         Substitution of Section 3 in Act of 1903.--In the said Act, for Section 3, the following shall be substituted:--

"3.  Definitions.--In this Act--

(a)        "immovable property" shall include land, benefits to arise out of land, and things attached to the earth or permanently fastened to anything which is attached to the earth, but shall not include growing crops or grass;

(b)        "Board of Revenue" means the Board of Revenue established under the Punjab Board of Revenue Act 1957 (XI of 1957);

(c)        "Collector" means the Collector of a District appointed under the Punjab Land Revenue Act, 1967 (XVII of 1967) and includes an officer authorized by the Government to exercise the powers of the Collector;

(d)       "Commissioner" means a Commissioner of a Division appointed under the Punjab Land Revenue Act, 1967 (XVII of 1967) and includes an Additional Commissioner;

(e)        "Government" means Government of the Punjab;

(f)        "land-holder" shall mean a person who possesses any interest in land, whether as proprietor, assignee of the land-revenue, lessee of waste lands or otherwise;

(g)        "minor" shall mean a person who has not, within the meaning of the Majority Act 1875, attained his majority; and

(h)        "ward" shall mean any person in respect of whose person or the whole or any part of whose property or of whose person and property, the Court of Wards has assumed superintendence, but shall not include a joint proprietor the superintendence of whose property has been assumed by the Court of Wards under Section 8."

4.  Substitution of Section 54 in Act II of 1903.--In the said Act, for Section 54, the following shall be substituted:--

"54. Power to make rules.--(1) The Board of Revenue may, with the previous approval of the Government, make rules for carrying out the purposes of the Act.

(2)  Without prejudice to the generality of sub-section (1), the rules may regulate any of the following matters:-

(a)        management of a property under the superintendence of the Court of Wards;

(b)        procedure to be observed and the powers to be exercised by any person in any proceedings under the Act; and

(c)        any matter or thing required or permitted by the Act to be prescribed."

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ACT XLV OF 2012

PUNJAB CIVIL SERVANTS (AMENDMENT)
ACT, 2011

An Act further to amend the Punjab Civil Servants Act, 1974

[Gazette of Punjab, Extraordinary, 30th July, 2012]

No. PAP-Legis-2(106)/2011/724. The Punjab Civil Servants (Amendment) Bill 2011, having been passed by the Provincial Assembly of the Punjab on 18 July 2012, and assented to by the Governor of the Punjab on 28 July 2012, is hereby published as an Act of the Provincial Assembly of the Punjab.

Preamble.--Whereas it is expedient further to amend the Punjab Civil Servants Act, 1974 (VIII of 1974) for purposes hereinafter appearing; It is enacted as follows:--

1.         Short title and commencement.--(1) This Act may be cited as the Punjab Civil Servants (Amendment) Act 2011.

(2)  It shall come into force at once.

2.         Amendment in Section 8 of Act VIII of 1974.--In the Punjab Civil Servants Act 1974 (VIII of 1974), in Section 8, after sub-section (6), the following sub-section (7) shall be inserted:--

"(7)  Notwithstanding anything contained in this section, if a civil servant dies or superannuates after the selection authority recommends his promotion to a higher post and before he assumes the charge of the higher post, the competent authority may approve promotion of such a civil servant with effect from the day immediately before the day of his death or superannuation."

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ACT XLVI OF 2012

PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND ACCOUNTABILITY (AMENDMENT) ACT, 2012

An Act further to amend the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 (XII of 2006).

[Gazette of Punjab, Extraordinary, 30th July, 2012]

No. PAP-Legis-2(109)/2011/725. The Punjab Employees Efficiency,   Discipline  and   Accountability  (Amendment)   Bill   2011,


having been passed by the Provincial Assembly of the Punjab on 19 July 2012, and assented to by the Governor of the Punjab on 28 July 2012, is hereby published as an Act of the Provincial Assembly of the Punjab.

Preamble.--Whereas It is expedient further to amend the Punjab Employees Efficiency, Discipline and Accountability Act 2006 (XII of 2006), for the purposes hereinafter appearing;

It is enacted as follows:-

1.         Short title and commencement.--(1) This Act may be cited as the Punjab Employees Efficiency, Discipline and Accountability (Amendment) Act 2012.

(2)  It shall come into force at once.

2.         Amendment in Section 2 of Act XII of 2006.--In the Punjab Employees Efficiency, Discipline and Accountability Act 2006 (XII of 2006), in Section 2, in clause (h), for the existing sub-clause (ii), the following shall be substituted:--

"(ii)      in Government service or who is a member of a civil service of the province or who holds a civil post in connection with the affairs of the province or any employee serving in any court or tribunal set up or established by the Government but does not include--

            (aa)      a Judge of the Lahore High Court or any court subordinate to that Court or an employee of such courts; and

            (bb)      an employee of Police."

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ACT XLVII OF 2012

PARK AND HORTICULTURE AUTHORITY
ACT, 2012

An Act to provide for the establishment of Parks and Horticulture Authority in the Punjab.

[Gazette of Punjab, Extraordinary, 30th July, 2012]

No. PAP-Legis-2(95)/2011/726. The Parks and Horticulture Authority Bill 2011, originally passed by the Provincial Assembly of the Punjab on the 7th day of June 2012, was sent to the Governor of the Punjab for assent. The Governor returned the Bill for reconsideration by the Assembly. The Provincial Assembly of the Punjab, after reconsideration, again passed the Bill on the 18th day of July 2012. The Bill was again sent to the Governor for assent on the 19th day of July 2012. Since the Governor has not assented to the Bill within the stipulated period of ten days, the same is deemed to have been assented to in terms of clause (3) of Article 116 of the Constitution, and is published as an Act of the Provincial Assembly of the Punjab.

Preamble.--Whereas it is expedient to establish the Parks and Horticulture Authority in the Punjab for the regulation, development and maintenance of public parks, green belts and green areas in the Punjab; regulation of billboards, sky signs and outdoor advertisements; to promote open and unrestricted views of the Punjab; and, to provide for the connected matters;

It is enacted as follows:--

1.         Short title, extent and commencement.--(1) This Act may be cited as the Parks and Horticulture Authority Act 2012.

(2)        It extends to the district of Lahore but the Government may, by notification, extend it to any other area of the Punjab.

(3)        It shall come into force at once.

2.         Definitions.--In this Act--

(a)        "Act" means the Parks and Horticulture Authority Act 2012;

(b)        "advertisement" means commercially displayed or installed signage, board, screen, streamer, poster, banner or any other thing placed, painted, pasted or installed on public or private property that is visible from a public place and is intended to inform the reader of the availability of a service, product or promotes a business;

(c)        "Authority" means the Parks and Horticulture Authority established under Section 3 of the Act;

(d)       "billboard" includes an advertisement fixed, placed or displayed on a structure other than a building;

(e)        "Board" means the Board of Directors of the Authority;

(f)        "casual use" means any temporary and occasional use but does not include its use as parking place on a regular basis;

(g)        "Code" means the Code of Criminal Procedure 1898 (V of 1898);

(h)        "Director General" means the Director General of the Authority;

(i)         "empowering authority" means any authority, local government or other entity empowered to allow the use of a public park, green belt or green area in any manner or grant permission for installation of a billboard, sky sign, outdoor advertisement or advertisement prior to the commencement of the Act;

(j)         "Fund" means the Parks and Horticulture Authority Fund;

(k)        "Government" means Government of the Punjab;

(l)         "green area" means any space notified by the Government as green area which is required to be kept green other than a public park or green belt and includes a notified play ground;

(m)       "green belt" means an area notified by the Government as green belt other than a public park which is kept as an open space in any locality or area either in pursuance of a development plan or otherwise;

(n)        "Heritage Park" means any area having historical, traditional or cultural value notified as such under Section 5 of the Act;

(o)        "outdoor advertisement" means a streamer, board, poster, banner, or any other thing placed, painted, pasted or installed on a public or private building or property so that it is visible from a public place and which is intended to inform the reader of the availability of a service, product or outlet or otherwise promote a person or a message;

(p)        "prescribed" means prescribed by the rules made under the Act;

(q)        "private land authority" means any natural or legal person engaged in the development of land or maintenance of an area or provision of municipal services other than a public land authority;

(r)        "public land authority" includes a statutory or executive body established by the Government for development of land or engaged in the development of land or maintenance of an area or provision of municipal services;

(s)        "public park" includes a park or space reserved for use as a public park and notified by the Government as a public park;

(t)        "rules" means the rules made under the Act;

(u)        "sky sign" means a sign installed on a building for its view from a distance; and

(v)        "vehicle" includes mechanically propelled vehicle and a human or animal driven carriage.

3.         Establishment of the Authority.--(1) The Government may, by notification, establish an Authority for the district of Lahore to be called the Parks and Horticulture Authority.

(2)        The Government may, by notification, either establish a separate Authority for an area to which the Act is extended to be called the Parks and Horticulture Authority of that area or may direct the Authority mentioned in sub-section (1) to perform the functions under the Act in respect of such other area.

(3)        An Authority shall be a body corporate having perpetual succession and a common seal, with power to enter into agreement, acquire, hold, manage, and dispose of property, and to sue and be sued in its name.

4.         Powers and functions of the Authority.--The Authority shall--

(a)        develop and maintain public parks, green belts and green areas;

(b)        regulate the use of public parks, green belts and green areas;

(c)        regulate the installation of billboards, sky signs, out-door advertisements on private or public property;

(d)       establish and maintain botanical gardens;

(e)        organize shows and exhibitions pertaining to horticulture aviculture and cultural entertainment;

(f)        protect trees and other vegetation;

(g)        create awareness about horticulture and promote gardening;

(h)        acquire land for the development of any public park, green belt, or green area;

(i)         procure machinery, equipment or material as may be required for the proper discharge of its functions;

(j)         grant a service contract for the maintenance of public parks, green belts or green areas to a company owned by it or to any other private or public limited company;

(k)        constitute committees for performing specific functions of the Authority; and

(l)         perform such other functions as may be ancillary, or as may be prescribed.

5.         Heritage Park.--(1) The Government may, by notification, declare an area as Heritage Park to conserve the heritage or culture and to preserve, conserve and develop the flora and fauna for the present and future generations.

(2)  The Heritage Park shall be maintained and developed by the Authority in the prescribed manner.

6.         Board of Directors.--(1) The Board of Directors shall take the policy decisions of the Authority.

(2)        The Board shall consist of the following:--

(a)        Chief Minister or any other person
nominated by the Chief Minister;       Chairperson

(b)        Minister for Housing or any other
person nominated by the Minister
for Housing;                                        Vice
                                                            Chairperson

(c)        two members of the Provincial
Assembly of the Punjab nominated
by the Speaker of the Assembly;        Members

(d)       the elected head of the local
government of the area for which
the Authority is established;               Member

(e)        Secretary to the Government, Housing
Department or his nominee;                Member

(f)        Secretary to the Government,
Finance Department or his nominee; Member

(g)        Secretary to the Government,
Local Government and Community
Development Department or
his nominee;                                        Member

(h)        District Coordination Officer of
the area for which the Authority
is established;                                      Member

(i)         Director General of the Development
Authority of the area for which the
Authority is established;                     Member

(j)         two environmentalists nominated
by the Government                             Members

(k)        one horticulture expert nominated
by the Government                             Member

(l)         one representative of the concerned
Chamber of Commerce & Industry; and        Member

(m)       Director General                                 Member/
Secretary

(3)        The Government shall nominate the members of the Board, other than ex-officio members, for a period of three years.

(4)        The Chairperson may, co-opt any other person as member of the Board for a meeting or for a specified period.

(5)        Six members shall constitute the quorum for a meeting of the Board.

(6)        The Board shall take decisions by the majority of its members present and voting, and in case of a tie, the person presiding the meeting shall have a casting vote.

(7)        The Chairperson or, in his absence, the Vice Chairperson, shall preside over a meeting of the Board, and in case of absence of the Chairperson and Vice Chairperson a member nominated by the Chairperson shall preside over the meeting.

(8)        The Authority shall cause to be recorded the minutes of the proceedings of every meeting of the Board and of every meeting of a committee established by the Board.

(9)        The Secretary of the Board shall maintain a complete record of the minutes and the decisions of the Board in the prescribed manner.

(10)      The proceedings of a meeting of the Board shall not be invalid merely on account of any vacancy or defect in the constitution of the Board.

7.         Director General.--(1) The Government shall appoint the Director General of the Authority.

(2)        The Director General shall exercise such powers as are assigned to him by the Board or as may be prescribed.

(3)        The Director General shall--

(a)        be a whole-time employee of the Authority;

(b)        hold office during the pleasure of the Government;

(c)        be the principal accounting officer of the Authority; and

(d)       be competent to enter into contracts on behalf of the Authority.

(4)        The Government shall determine the terms and conditions of the service of the Director General.

(5)        Notwithstanding the expiration of the term of Director General, the Government may ask him to continue to hold office for a further period of three months or till his successor enters upon his office, whichever is earlier.

(6)        Nothing contained in this section shall preclude the Government from re-appointing the Director General to hold that office for a period not exceeding three years at a time.

(7)        The Director General may resign by tendering resignation to the Government or may be removed by the Government in the prescribed manner.

(8)        The Director General may, subject to the approval of the Board--

(a)        delegate any of his financial powers to an officer of the Authority;

(b)        appoint an advisor or a consultant for a period not exceeding one year; and

(c)        appoint a legal advisor of the Authority for a period not exceeding one year.

8.         Employees of the Authority.--(1) The Authority may, subject to the approval of the Board, employ such officers, officials, workmen, gardeners, watermen and other employees as it considers necessary for the efficient performance of its functions under the Act.

(2)        The Authority may provide for the grant of such allowances, leave, pension, gratuity, provident fund and other benefits and facilities as may be prescribed.

(3)        The employees of the Authority shall be deemed to be public servants within the meanings of Section 21 of the Pakistan Penal Code 1860 (XLV of 1860).

9.         Directions to the Authority.--(1) The Government may give general or special directions to the Authority and the Authority shall comply with such directions.

(2)  The Authority shall immediately act to rectify any neglect in the performance of its functions when informed by a local government or a land authority.

10.       Use of public parks, green belts and green areas.--(1) If any person intends to use a public park, green belt or green area for any purpose other than the normal use of the place, he shall make an application to the Authority.

(2)        If the intended use affects the rights of the neighbours or residents of the area in general, the Authority shall invite objections from them and decide the objections before taking a decision.

(3)        The Authority shall not grant permission if the intended use affects the rights of the neighbours or residents of the area to the free and uninterrupted use of the roads abutting the public park, green belt or green area or results in the conversion of the public park or green area or green belt into any other thing or changes the general outlook of the locality.

(4)        The Authority shall not grant permission for a period exceeding fifteen days if the intended use is likely to bring, directly or indirectly, any financial benefit to the applicant or any other person.

(5)        Notwithstanding anything contained in the Act, the Authority shall not grant permission for using any public park, green belt or green area as a parking place.

(6)        Notwithstanding anything contained in sub-section (3) and sub-section (4), the Authority may grant permission for using a public park for provision of food, playing facilities, sale of plants, horticultural equipment or books or such other purpose on payment of fees if the said permission does not adversely affect the general outlook of the public park.

(7)        Where the Authority gives permission for use of a public park, green belt or green area, it shall issue a permission order indicating the duration and nature of the permission and the order shall be duly displayed at a prominent place of the public park, green belt or green area.

11.       Access to private property.--(1) Where a green belt or green area lies between a property and a service lane or public road, the owner of the property may, subject to the permission by the Authority, use the green belt for accessing his property in a reasonable manner but the permission shall be restricted to the extent of acquiring access and shall in no manner be deemed to allow the use of any part of the green belt for any other purpose or the use of the entire green belt or green area abutting the property for purposes of access.

(2)  Notwithstanding anything contained in sub-section (1), a person shall not, in any manner, use or change the nature of any green belt for the purpose of acquiring access to a service lane from the main road.

12.       Installation of billboards, sky signs and outdoor advertisements.--(1) If any person intends to install a billboard, sky sign or outdoor advertisement in any manner on private or public property or public park, green belt or green area, he shall make an application in the prescribed manner to the Authority,

(2)        If the billboard, sky sign or outdoor advertisement affects the rights of the neighbours or residents of the area in general or road users, the Authority shall invite objections from them and decide the objections before taking a decision.

(3)        The Authority shall not grant permission if the installation of the billboard, sky sign or outdoor advertisement affects the rights of road users to safe and secure usage or view of the residents or provision of light and air, or the view or sanctity of a historical monument.

(4)        The permission for installation of billboard, sky sign or outdoor advertisement shall include such safety measures as may be determined by the Authority or as may be prescribed, and shall not, in any case, exceed a period of twelve months.

(5)        A person shall not install or continue installation of a billboard, sky sign or outdoor advertisement except in accordance with the permission of the Authority.

(6)        Where the Authority gives permission for installation of a billboard, sky sign or outdoor advertisement it shall issue a permission number which shall be displayed on the billboard, sky sign or outdoor advertisement.

(7)        Notwithstanding anything contained in sub-section (1) and while acting in accordance with the provisions of sub-sections (2) to (6), the Authority may identify public places for installation of billboards, sky signs, and outdoor advertisements and may allow the installation of billboards, sky signs, and outdoor advertisements at these places on such terms and conditions as may be prescribed.

(8)        The Authority may charge such fees for the grant of permission for installation of a billboard, sky sign or outdoor advertisement as the Government may approve.

13.       Advertisements on vehicles.--(1) A person shall not display any advertisement on any vehicle or any other moveable property except with the prior permission of the Authority.

(2)        The Authority may charge such fees as for the grant of permission to display advertisements on vehicles as the Government may approve.

(3)        The Authority shall not grant permission to display an advertisement on a vehicle for a period exceeding twelve months.

(4)        The Authority shall issue a permission number for display on the advertisement.

(5)        The Authority shall not give permission for an advertisement which is against public morals or promotes an activity or product the performance or sale of which, is barred by law.

14.       Regulations regarding green areas.--(1) The Authority shall determine the extent of a planned area to be reserved and maintained as a public park, green belt or green area.

(2)        A public land authority or a private land authority shall obtain prior sanction of the Authority for any development plan.

(3)        The Authority may obtain a copy of the development plan or land use plan of a public land authority or a private land authority which contains detailed specifications of the areas reserved as public parks, green areas or green belts and the public or private land authority shall, within thirty days, provide the development plan or land use plan to the Authority.

(4)        The Authority shall determine--

(a)        the level of green belts from the road and the method and way of their planting and maintenance;

(b)        the percentage of a public park that may be reserved for parking and provision of food;

(c)        the maintenance and usage of a public park; and

(d)       the maintenance and usage of a green area.

15.       Maintenance of public parks, green belts and green areas.--(1) The Authority shall undertake beautification and maintenance of areas required to be kept green by a public land authority.

(2)        The Authority may maintain and beautify the areas required to be kept green by any private land authority or may require the private land authority to maintain and beautify the same.

(3)        Where the Authority maintains or beautifies a public park, green belt or green area situated in a privately developed area, it may charge maintenance charges from the private land authority which was required to maintain the public park, green area or green belt.

16.       Duty on private persons to maintain green belts.--(1) The Authority may require the resident or owner of a property to maintain a green belt between his property and the public road.

(2)        The Authority may recover a fixed charge in accordance with a schedule of charges from the owner of the property for maintaining a green belt which the owner has failed to maintain in accordance with its directions.

(3)        If the Authority finds that a green belt has been raised by an owner or occupier of a property abutting to it or has been bricked over or concretized, it may require the said owner or the occupier to remove the construction and bring it to the level notified by it and if the person does not comply with the directions of the Authority within a reasonable time, the Authority may recover the cost of removal in accordance with a schedule of costs.

(4)        Notwithstanding anything contained in sub-section (3), the Authority may remove a construction from a green belt or bring the level of a green belt to the prescribed level at its own cost.

17.       Continuation of contracts.--(1) All contracts, permissions and leases granted by an empowering authority for the use of any public park, green belt or green area or the installation or placement of any billboard, sky sign or outdoor advertisement on public or private property prior to the enforcement of the Act, shall be subject to, and governed by, the provisions of the Act.

(2)  The Authority shall not cancel any contract or withdraw any permission mentioned in sub-section (1) without providing an opportunity of hearing to the affected person.

18.       Fund.--(1) There shall be a Fund to be known as Parks and Horticulture Authority Fund.

(2)        The Fund shall consist of--

(a)        grants made by the Government or other authorities or agencies;

(b)        charges collected by the Authority for maintenance of public parks, green belts and green areas;

(c)        fees imposed by the Authority; and

(d)       income from any other source.

(3)        The Fund shall be maintained and invested in such manner as may be prescribed.

(4)        The Fund shall be utilized to meet the expenses of the Authority in connection with its functions under the Act.

(5)        The Authority shall not obtain loan and shall not incur debt.

19.       Budget and accounts.--(1) The Director General shall, before the commencement of a financial year, prepare a statement of the estimated receipts and expenditure of the Authority for the financial year and submit it to the Board for approval.

(2)        The Authority shall maintain proper accounts and other records relating to its financial affairs including its income and expenditures and its assets and liabilities in such form and manner as may be prescribed.

(3)        As soon as may be, after the end of each financial year, the Authority, in the manner prescribed, shall cause to be prepared for that financial year statements of account of the Authority, which shall include a balance-sheet and an account of income and expenditure.

20.  Audit.--(1) The Auditor General of Pakistan shall annually audit the accounts of the Authority.

(2)  The Government, in addition to the audit under sub-section (1), may cause the annual accounts of the Authority audited, in the prescribed manner, by a Chartered Accountant or a firm of Chartered Accountants.

21.  Prohibitions.--(1) A person shall not use any green belt or green area for any purpose except casual use without prior permission in writing of the Authority.

(2)        No person shall discharge any waste water or sewage on any public park, green belt or green area.

(3)        No person shall throw or dispose of any litter or garbage in any public park, green belt or green area.

(4)        No person shall install or exhibit any billboard, sky sign, outdoor advertisement or advertisement or allow the installation and exhibition of any billboard, sky sign, outdoor advertisement or advertisement in any property under his control without the permission of the Authority.

(5)        A person shall not cut any tree on private or public land without prior permission of the Authority.

(6)        A person shall not take any part in the publication, installation or display of any billboard, sky sign, outdoor advertisement, advertisement, or which is indecent or against public morality or which may incite public disorder.

22.       Attempts and abetments.--A person who attempts to contravene, or abets the contravention of any order made under this Act shall be deemed to have contravened that order.

23.       Offences, penalties and procedures.--(1) If a person contravenes any provision of the Act, he shall be liable to punishment of imprisonment which may extend to six months or fine which may extend to five hundred thousand rupees or both.

(2)        If a person continues to commit an act in violation of any order of the Authority, he shall, in addition to any other punishment under the Act, be liable to punishment of fine which may extend to five thousand rupees for each day the offence continues.

(3)        If a person, being convicted under the Act, again commits an offence under the Act, he shall be liable to punishment of imprisonment for a term which may extend to one year or fine which may extend to one million rupees or both.

(4)        If a person fails to obtain and display a permission required to be displayed under the Act, he shall be liable to punishment of fine which may extend to twenty five thousand rupees.

(5)        An offence under the Act shall be non-bailable but the police shall not take cognizance of the offence except on the information received from an authorized officer of the Authority.

(6)        Notwithstanding anything contained in sub-section (5), the Authority may instead of filing information before the police, file a complaint before a Magistrate authorized to take cognizance of an offence under the Act.

(7)        The procedure for the trial of offences under the Act shall be the same as is laid down in the Code for summary trial.

24.       Complaints of illegal or unauthorized use.--Any person may file a complaint in the prescribed format to the Authority regarding the illegal use of any public park or green belt or green area or any other violation of the Act and the Authority on receipt of such a complaint shall inquire into the same and shall take such action as may be necessary under the Act.

25.       Powers of Authority and its officers with regard to offences.--(1) Any officer of the Authority, or a person authorized by the Authority may take all such actions as may be necessary for enforcement of the Act, rules or regulations including removal of encroachments, cessation of hazardous or unauthorized trade in a public park, green area or green belt, removal of unauthorized billboards, sky signs, outdoor advertisements or advertisements, and removal or cessation of unauthorized construction or stoppage of unauthorized land use in or on a public park, green belt or green area.

(2)  Any officer of the Authority authorized in this behalf, along with such other persons as may be necessary, may enter at a reasonable time and after due notice, any private premises for removal of a billboard or sky sign or outdoor advertisement and remove the same.

(3)  Where the Authority has removed any construction or billboard, sky sign, outdoor advertisement or advertisement, it shall confiscate the debris of the construction, billboard, sky sign, outdoor advertisement or advertisement and may recover the cost of removal and disposal from the person who owns or occupies the same.

26.       Power to enter and survey.--Any person authorized by the Authority may enter and survey any premises or land at a reasonable time and after due notice of inspection and survey for the purposes of the Act, rules or regulations.

27.       Recovery of dues.--A sum due to the Authority shall be recoverable as arrears of land revenue.

28.       Police assistance.--The police shall render such assistance as the Authority may require in the discharge of its functions under the Act.

29.       Act to have overriding effect.--The provisions of the Act shall have effect notwithstanding anything to the contrary contained in any other law.

30.       Power to make rules.--The Government may, by notification in the official Gazette, make rules for giving effect to the provisions of the Act.

31.       Power to frame regulations.--Subject to the Act and the rules, the Authority may, with the previous approval of the Government, frame regulations for matters not provided for in the rules and for which provision is necessary or expedient for carrying out the purposes of the Act.

32.       Ownership of public parks, green belts or green area.--The ownership of Heritage Park and any area notified as a public park, green belt or green area shall vest in the Authority.

33.  Summary ejection of unauthorized occupant or user.--The Director General or an officer authorized by the Authority may eject any person in unauthorized occupation of any land or property vested in the Authority and may use such force as may be necessary to remove the unauthorized occupant or user.

34.       Annual report.--(1) The Authority shall, within three months of the close of a financial year, submit to the Government an annual report.

(2)  The report shall consist of--

(a)        the statement of accounts of the Authority;

(b)        a comprehensive statement of the work and activities of the Authority during the preceding financial year; and

(c)        such other matters as may be prescribed and as the Authority may consider appropriate.

35.       Protection of action taken under the Act.--(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is, in good faith, done or intended to be done in pursuance of any order made under the Act.

(2)        No suit or other legal proceeding shall lie against the Government or the Authority for any damage caused or likely to be caused by anything which is, in good faith, done or intended to be done in pursuance of any order made under the Act.

(3)        Notwithstanding anything contained in any other law, the Director General or any other employee of the Authority shall not be personally liable in civil proceedings for any action taken for enforcement of the Act.

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

ACT XLVIII OF 2012

PUNJAB ANIMALS SLAUGHTER CONTROL (AMENDMENT) ACT, 2012

An Act further to amend the Punjab Animals Slaughter Control Act, 1963.

[Gazette of Punjab, Extraordinary, 30th July, 2012]

No. PAP-Legis-2(119)/2012/727. The Punjab Animals Slaughter Control (Amendment) Bill 2012, originally passed by the Provincial Assembly of the Punjab on the 7th day of June 2012, was sent to the Governor of the Punjab for assent. The Governor returned the Bill for reconsideration by the Assembly. The Provincial Assembly of the Punjab, after reconsideration, again passed the Bill on the 18th day of July 2012. The Bill was again sent to the Governor for assent on the 19th day of July 2012. Since the Governor has not assented to the Bill within the stipulated period of ten days, the same is deemed to have been assented to in terms of clause (3) of Article 116 of the Constitution, and is published as an Act of the Provincial Assembly of the Punjab.

Preamble.--Whereas it is expedient further to amend the Punjab Animals Slaughter Control Act, 1963 (III of 1963) for purposes hereinafter appearing;

It is enacted as follows:--

1.  Short title and commencement.--(1) This Act may be cited as the Punjab Animals Slaughter Control (Amendment) Act, 2012.

(2)  It shall come into force at once.

2.         Amendment in Section 2 of Act III of 1963.--In the Punjab Animals Slaughter Control Act, 1963 (III of 1963), in Section 2, for clause (a), the following shall be substituted:--


"(a)      "animal" means a bull, bullock, buffalo, buffalo-bull, camel, cow, goat, ostrich, sheep or any other animal of any age domesticated in captivity;"

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

ACT XLIX OF 2012

PUNJAB CURRICULUM AUTHORITY ACT, 2012

An Act to make provisions for the supervision of curricula, textbooks and maintenance of standards of education in the Punjab

[Gazette of Punjab, Extraordinary, 30th July, 2012]

No. PAP-Legis-2(116)/2012/728. The Punjab Curriculum Authority Bill 2012, originally passed by the Provincial Assembly of the Punjab on the 21st day of June 2012, was sent to the Governor of the Punjab for assent. The Governor returned the Bill for reconsideration by the Assembly. The Provincial Assembly of the Punjab, after reconsideration, again passed the Bill on the 18th day of July 2012. The Bill was again sent to the Governor for assent on the 19th day of July 2012. Since the Governor has not assented to the Bill within the stipulated period of ten days, the same is deemed to have been assented to in terms of clause (3) of Article 116 of the Constitution, and is published as an Act of the Provincial Assembly of the Punjab.

Preamble.--Whereas it is necessary to establish the Curriculum Authority, to make provisions for the supervision of curricula, textbooks and maintenance of standards of education in the Punjab, to regulate the supplementary material and to deal with ancillary matters;

It is enacted as follows:--

1.         Short title, extent and commencement.--(1) This Act may be cited as the Punjab Curriculum Authority Act, 2012.

(2)        It extends to the whole of the Punjab.

(3)        It shall come into force at once.

2.         Definitions.--In this Act--

(a)        "agency" means any department or organization or directorate of the Government and includes a corporation or other autonomous or semi-autonomous body set up by the Government;

(b)        "Authority" means the Curriculum Authority established under the Act;

(c)        "book" includes every volume, part or division of a volume and pamphlet in any language and every sheet of music, map, chart or plan, separately printed or lithographed and its translation in any language;

(d)       "Chairperson" means the Chairperson of the Authority;

(e)        "committee" means a committee of the Authority;

(f)        "Fund" means the Curriculum Authority Fund;

(g)        “Government” means Government of the Punjab;

(h)        "institution" means a school, college, university, special education centre for any kind of disability or a non-formal education centre and includes any other educational establishment or organization in public or private sector as the Government may, by notification, declare as an institution;

(i)         "member" means a member of the Authority;

(j)         "prescribed" means prescribed by the rules or regulations;

(k)        "secretary" means the Secretary of the Authority;

(l)         "standards of education" includes standards of school, college, university, non formal or special education;

(m)       "supplementary material" includes guides, guess papers, get through guides or any other reading material ancillary to a textbook; and

(n)        "textbook" means a book or work developed in accordance with the curricula, and which is printed, published or sold by any person or agency with the permission of the Authority.

3.         Curriculum Authority.--(1) The Government shall, by notification, establish the Curriculum Authority.

(2)        The Authority shall be a body corporate having perpetual succession and a common seal, with power to enter into agreements, acquire, hold, manage, and dispose of property, and to sue and be sued in its name.

(3)        The Authority shall consist of the following:--

(a)        the Chairperson;

(b)        Secretary to the Government, School Education Department or his nominee not below the rank of Additional Secretary;

(c)        Secretary to the Government, Higher Education Department, or his nominee not below the rank of Additional Secretary;

(d)       Secretary to the Government, Special Education Department, or his nominee not below the rank of Additional Secretary;

(e)        Secretary to the Government, Literacy and Non-Formal Basic Education Department, or his nominee not below the rank of Additional Secretary;

(f)        five Vice Chancellors with diverse representation from general, education, agriculture, engineering, science, health from public or private sector universities, or their nominees not below the rank of professor;

(g)        five persons, including at least two women, from private sector from amongst the academicians, professionals and technocrats relevant to curriculum and textbook development;

(h)        one Chairman of a Board of Intermediate and Secondary Education;

(i)         three teachers of schools, at least one female, one from public sector and one from private sector;

(j)         Programme Director, Directorate of Staff Development;

(k)        Chief Executive, Punjab Examination Commission; and

(l)         the Secretary.

(4)        The Government shall nominate the members mentioned in clauses (f), (g), (h) and (i) of sub-section (3).

(5)        A nominated member shall hold office for a term of three years and shall be eligible for re-appointment but a retiring member shall continue to perform the functions till the appointment of the successor or six months, whichever is earlier.

(6)        A member shall not, directly or indirectly, receive any financial benefit as the member except reasonable expenses incurred by him in the performance of the duties under this Act.

4.         Disqualifications.--A person shall not be appointed or continue as the member, if the person--

(a)        is convicted of an offence involving moral turpitude; or

(b)        is found guilty of misconduct; or

(c)        is declared to be of unsound mind by a court; or

(d)       is adjudged as an undischarged insolvent; or

(e)        is incapable of discharging the duties by reason of physical or mental infirmity and has been so declared by a Special Medical Board constituted by the Government; or

(f)        is an employee of the staff of the Authority other than the Chairperson and the Secretary; or

(g)        fails to disclose to the Authority any conflict or interest with the Authority within three days of his knowledge of the conflict of interest; or

(h)        stands disqualified by the order of a court to hold any public office; or

(i)         is dismissed from the service of Pakistan or a body or authority, owned or controlled by any government in Pakistan.

5.         Resignation of a member.--A nominated member may submit resignation to the Government and the resignation shall not take effect until it is accepted by the Government.

6.         Functions of the Authority.--(1) The Authority shall--

(a)        prepare or cause to be prepared schemes of studies, curricula, manuscripts of textbooks, standards of education and schedules or strategy for their introduction in various classes of an institution in connection with the implementation of the education policy of the Government;

(b)        approve standards of education and manuscript of a textbook produced by any person or agency before the textbook is prescribed for any class of an institution;

(c)        regulate and control printing, publication and sale of textbooks and other supplementary material; and

(d)       be responsible for maintenance of standards of education.

(2)        The Authority may--

(a)        direct, in writing, any person or agency to delete, amend or withdraw any portion or the whole of the curriculum, textbook or supplementary material prescribed for any class of an institution within a period specified in such direction; and

(b)        prohibit any person or agency in writing from producing, printing, publishing or selling any book, textbook or a supplementary material with effect from a specified date.

(3)        The Authority shall not approve the publication of any book or supplementary material which is or is likely to be detrimental for examination or assessment purposes, or which contains anything repugnant to the injunctions of Islam, or contrary to the integrity, defence or security of Pakistan or any part of Pakistan, public order, decency or morality.

(4)        If the Authority has issued a direction or prohibition under sub-section (2) to a person or agency, the person or agency shall, within the time specified by the Authority, submit an implementation report to the Authority.

7.         Policy directions of the Government.--(1) The Government may, in the prescribed manner, issue policy guidelines and directions to the Authority.

(2)  Subject to this Act, in the performance of its functions, the Authority shall implement the education policy of the Government and the guidelines and directions given to it under sub-section (1).

8.         Chairperson.--(1) The Government shall appoint the Chairperson for a term of three years on such terms and conditions as the Government may determine.

(2)        A person shall not be appointed as the Chairperson unless he holds a master's degree and has experience in curriculum or textbook development.

(3)        The Chairperson shall hold office during the pleasure of the Government but shall not be removed without notice and opportunity of hearing.

(4)  The Chairperson may resign his office subject to one month prior notice in writing to the Government or on payment on one month's pay in lieu of the notice.

(5)        The Chairperson shall be the chief executive of the Authority and shall be responsible for the management, administration and day to day affairs of the Authority.

(6)        The Chairperson shall exercise such powers as are delegated by the Authority or as may be prescribed.

(7)        The Chairperson may delegate any of his powers to an officer of the Authority, except the powers delegated to him by the Authority.

9.  Secretary.--(1) The Government shall appoint a Secretary of the Authority for a period not exceeding three years on such terms and conditions as the Government may determine.

(2)        The secretary shall hold office during the pleasure of the Government but shall not be removed without notice and opportunity of hearing.

(3)        Notwithstanding the expiration of the term, the Secretary shall continue to hold office on the same terms and conditions for a period of three months or till his successor enters upon office, whichever is earlier.

(4)        The Secretary may resign his office subject to one month's prior notice in writing to the Government or on payment of one month's pay in lieu of the notice.

(5)        The Secretary shall perform such functions as are delegated by the Authority or as may be prescribed.

10.  Meetings.--(1) The Authority shall regulate the procedure for its meetings.

(2)        The Secretary shall, on direction of the Chairperson or the majority of members, summon a meeting of the Authority.

(3)        The Secretary shall ensure that the members have reasonable prior notice of the time, place and agenda of the meeting.

(4)        The Chairperson shall preside over a meeting of the Authority, and, in the absence of the Chairperson, the members present in the meeting may select any private member to chair the meeting.

(5)        Eleven members shall constitute the quorum for a meeting of the Authority.

(6)        The Authority shall take decisions by the majority of its members present and voting, and in case of the tie, the person presiding the meeting shall have a casting vote.

(7)        The Secretary shall, in the prescribed manner, record minutes of a meeting of the Authority and record or cause to be recorded minutes of a meeting of a committee.

(8)        The Secretary shall maintain a complete record of the minutes and the decisions of the Authority in the prescribed manner.

(9)        The proceeding of a meeting of the Authority shall not be invalid merely on account of any vacancy or defect in the constitution of the Authority.

11.  Committees of Authority.--The Authority--

(a)        may constitute administrative and financial committees of its members and entrust them such functions and powers as it may deem fit; and

(b)        shall constitute committees of technical experts and stakeholders for development of scheme of studies, subject-wise curricula, and subject wise manuscripts.

12.  Delegation.--The Authority may, subject to such conditions and limitations as it may deem fit to impose, delegate any of its powers or functions to the Chairperson, Secretary, a committee, or one or more members, except the power to--

(a)        frame, amend or repeal regulations;

(b)        constitute a committee or fill a vacancy in a committee;

(c)        take policy decisions; and

(d)       approve the annual budget, audit accounts and the annual reports.

13.  Technical experts.--The Authority or a committee may invite any technical expert or other person possessing specialized knowledge of any subject or the representative of an agency for assistance in the performance of its function.

14.  Staff.--(1) The Authority may employ such persons as may be necessary for the efficient performance of its functions in such manner and on such terms and conditions as may be prescribed.

(2)        The employees of the Authority shall hold office during the pleasure of the Authority and shall, subject to notice and opportunity of hearing, be liable to such disciplinary action as may be prescribed.

(3)        The Authority may, in the manner prescribed, absorb in its service an employee who is on deputation with the Authority, subject to the consent of the employee.

15.  Fund.--(1) There shall be established a Fund to be known as the Curriculum Authority Fund which shall be administered and controlled by the Authority.

(2) The Fund shall consist of--

(a)        grants from the Government or the Federal Government;

(b)        donations or grants from any person, local, national or international organization or agency;

(c)        fees, charges, fines or confiscations under this Act; and

(d)       income from any other source.

16.       Budget.--The Chairperson shall prepare annual budget comprising the likely income and expenditures for next financial year and submit it to the Authority for approval in the form and manner as may be prescribed.

17.       Bank accounts.--The Authority may open and maintain its accounts at such scheduled banks as it may determine.

18.       Accounts.--(1) The Authority shall maintain proper accounts and other records relating to its financial affairs including its income and expenditures and its assets and liabilities in such form and manner as may be prescribed.

(2)  After the end of each financial year, the Authority, in the manner prescribed, shall cause to be prepared for that financial year statements of account of the Authority which shall include a balance-sheet and an account of income and expenditure.

19.       Audit.--(1) The Auditor General of Pakistan shall annually audit the accounts of the Authority.

(2)  The Government, in addition to the audit under sub-section (1), may cause the annual accounts of the Authority audited, in the prescribed manner, by a Chartered Accountant or a firm of Chartered Accountants selected from the list, approved by the State Bank of Pakistan.

20.       Penalties.--(1) If the person to whom or the person responsible for the conduct of the affairs of an agency to which, a direction or prohibition has been issued under sub-section (2) of Section 6, fails to carry out the direction or prohibition, he shall be liable to punishment of imprisonment for a term which may extend to two years or fine or both.

(2)  Notwithstanding anything contrary contained in any other law and in addition to prosecution of the person under sub-section (1), the Authority may impose or recommend to the concerned authority any one or more of the following actions against such person:--

(a)        initiation of disciplinary action for gross misconduct;

(b)        revocation of license or permit or cancellation of any registration pertaining to printing, publication or sale of any book, newspaper or any other reading material under any law; and

(c)        for a maximum period of five years, disqualify the person or the agency for registration or grant of any license or permission under any law relating to printing, publication or sale of any book, newspaper or any other reading material.

21.  Jurisdiction to try offences.--No court shall take cognizance of an offence punishable under this Act, except on a complaint in writing from the Authority.

22.  Appeal.--Any person, aggrieved by a direction or order of the Authority, may, within thirty days of communication of the direction or order, prefer an appeal to the Government.

23.  Annual report.--(1) The Authority shall, within three months of the close of a financial year, submit to the Government an annual report.

(2)        The repot shall consist of--

(a)        the statement of accounts under Section 14 of this Act;

(b)        a comprehensive statement of the work and activities of the Authority during the preceding financial year; and

(c)        such other matters as may be prescribed or as the Authority may consider appropriate.

(3)        The Government shall, as soon as possible after the receipt of the report from the Authority, lay the report in the Provincial Assembly of the Punjab.

24.       Public servants.--All persons including the Chairperson, Secretary, a member or an employee of the Authority acting or purporting to act in pursuance of any provision of this Act, shall be deemed to be public servants within the meaning of Section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).

25.       Act to have overriding effect.--The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law.

26.       Rules.--The Government may, by notification, make rules for carrying out the purposes of this Act.

27.       Regulations.--Subject to the Act and the rules, the Authority may, with the prior approval of the Government, frame regulations for giving effect to the provisions of the Act and the rules.

28.       Repeal.--The Federal Supervision of Curricula, Text-Books and Maintenance of Standards of Education Act, 1976 (X of 1976) is hereby repealed.

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ACT L OF 2012

DISPOSAL OF LAND BY DEVELOPMENT AUTHORITIES (REGULATION) (AMENDMENT) ACT, 2012

An Act further to amend the Disposal of Land by Development Authorities (Regulation) Act, 1998.

[Gazette of Punjab, Extraordinary, 30th July, 2012]

No. PAP-Legis-2(125)/2012/729. The Disposal of Land by Development Authorities (Regulation) (Amendment) Bill 2012, originally passed by the Provincial Assembly of the Punjab on the 21st day of June 2012, was sent to the Governor of the Punjab for assent. The Governor returned the Bill for reconsideration by the Assembly. The Provincial Assembly of the Punjab, after reconsideration, again passed the Bill on the 18th day of July 2012. The Bill was again sent to the Governor for assent on the 19th day of July 2012. Since the Governor has not assented to the Bill within the stipulated period of ten days, the same is deemed to have been assented to in terms of clause (3) of Article 116 of the Constitution, and is published as an Act of the Provincial Assembly of the Punjab.


Preamble.--Whereas it is expedient further to amend the Disposal of Land by Development Authorities (Regulation) Act 1998 (XII of 1998), for purposes hereinafter appearing;

It is enacted as follows:--

1.         Short title and commencement.--(1) This Act may be cited as the Disposal of Land by Development Authorities (Regulation) (Amendment) Act, 2012.

(2)  It shall come into force at once.

2.         Amendment in Section 2 of Act XII of 1998.--In the Disposal of Land by Development Authorities (Regulation) Act 1998 (XII of 1998), hereinafter referred to as the said Act, in Section 2, for clause (2), the following shall be substituted:--

"(2)  "Development Authority" means the Lahore Development Authority, the Bahawalpur Development Authority, the Dera Ghazi Khan Development Authority, an Authority established under the Development of Cities Act 1976 (XIX of 1976), a Trust established under the Town Improvement Act 1922 (IV of 1922), the Punjab Housing and Town Planning Agency or any other body or entity notified by the Government;".

3.         Amendment in Section 4 of Act XII of 1998.--In the said Act, in Section 4, for clause (b), the following shall be substituted:--

"(b) (1) Plots falling in the zone of above five marla up to ten marla shall be disposed of in the following manner:--

Sr. No.

Manner of disposal

Percentage

(i)

open auction;

93%

(ii)

allotment by GHQ to the defence personnel who become permanently disabled or the legal heirs of the defence personnel who lay down their lives in the discharge of official duties; and

5%

(iii)

allotment (by ballot) to such persons who become permanently disabled in the performance of functions or voluntary services in relation to the affairs of the Government or the legal heirs of the persons who die while performing such functions or services.

2%

(2)  Plots falling in the zone of up to five marla shall be disposed of through allotment in the following manner:

Sr. No.

Manner of disposal

Percentage

(i)

general public (by ballot);

80%

(ii)

allotment by GHQ to the defence personnel who become permanently disabled or the legal heirs of the defence personnel who lay down their lives in the discharge of official duties;

5%

(iii)

allotment (by ballot) to the police personnel who become permanently disabled in the performance of duties or the legal heirs of the police personnel who lay down their lives in the discharge of duties;

2%

(iv)

allotment (by ballot) to such persons who become permanently disabled in the performance of functions or voluntary services in relation to the affairs of the Government or the legal heirs of the persons who die while performing such functions or services;

2%

(v)

(a)        Government servants as well as employees of Autonomous or Semi-Autonomous Bodies of the Government (by ballot);

(b)        retired Government servants including widows and dependants of deceased Government servants who died before retirement and did not own a plot (by ballot);

5%

 

 

2%

(vi)

minorities (by ballot); and

1%

(vii)

destitutes (by ballot).

3%”


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ACT LI OF 2012

PUNJAB AGRICULTURAL UNIVERSITIES (AMENDMENT) ACT, 2012

An Act further to amend the laws of agricultural universities
in the Punjab.

[Gazette of Punjab, Extraordinary, 30th July, 2012]

No. PAP-Legis-2(130)/2012/730. The Punjab Agricultural Universities (Amendment) Bill 2012, originally passed by the Provincial Assembly of the Punjab on the 21st day of June 2012, was sent to the Governor of the Punjab for assent. The Governor returned the Bill for reconsideration by the Assembly. The Provincial Assembly of the Punjab, after reconsideration, again passed the Bill on the 18th day of July 2012. The Bill was again sent to the Governor for assent on the 19th day of July 2012. Since the Governor has not assented to the Bill within the stipulated period of ten days, the same is deemed to have been assented to in terms of clause (3) of Article 116 of the Constitution, and is published as an Act of the Provincial Assembly of the Punjab.

Preamble.--Whereas it is expedient further to amend the laws of agricultural universities in the Punjab for purposes hereinafter appearing;

It is enacted as follows:--

1.  Short title and commencement.--(1) This Act may be cited as the Punjab Agricultural Universities (Amendment) Act, 2012.

(2)  It shall come into force at once.

2.  Amendments in Act XII of 1973.--In the University of Agriculture Faisalabad Act 1973 (XII of 1973)--

(1)        in Section 2, after para (o), the following para (oa) be inserted:--

            "(oa)    "Pro-Vice Chancellor" means the Pro-Vice Chancellor of the university;";

(2)        in Section 10, after clause (iii), the following shall be inserted:--

            "(iiia)   Pro-Vice Chancellor;";

(3)        for Section 13, the following shall be substituted:--

            "13.     Pro-Chancellor.--(1) Minister for Agriculture, Government of the Punjab shall be the Pro-Chancellor of the University.

                        (2) The Pro-Chancellor shall perform such duties and functions and exercise such powers as are vested in him under this Act or as may be assigned or delegated to him by the Chancellor.";

(4)        for Section 14, the following shall be substituted:

            "14.     Vice Chancellor.--(1) A person who is eligible and who is not more than sixty-five years of age on the last date fixed for submission of applications for the post of the Vice Chancellor may apply for the post.

                        (2) The Government shall determine, by notification in the official Gazette, the qualifications, experience and other relevant requirements for the post of the Vice Chancellor,

                        (3) The Government shall constitute, for a term of two years, a Search Committee consisting of not less than three and not more than five members for making recommendations for appointment of the Vice Chancellor.

                        (4) The Search Committee shall follow such procedure and criteria for selection of the panel for the post of the Vice Chancellor as the Government may, by notification, determine.

                        (5) The Search Committee shall recommend to the Government a panel of three persons who, in its opinion, are suitable for appointment as the Vice Chancellor.

                        (6) The Chancellor shall appoint the Vice Chancellor for each term of four years but he shall serve during the pleasure of the Chancellor.

                        (7) The Government shall determine the terms and conditions of service of the Vice Chancellor.

                        (8) The incumbent Vice Chancellor shall not be allowed any extension in his tenure but subject to eligibility he may again compete for the post of the Vice Chancellor in accordance with the procedure prescribed by or under this section.

                        (9) If the office of the Vice Chancellor is vacant or the Vice Chancellor is absent or is unable to perform the functions of the Vice Chancellor owing to any cause, the Pro-Vice Chancellor shall perform the functions of the Vice Chancellor but, if at any time, the office of Pro-Vice Chancellor is also vacant or the Pro-.Vice Chancellor is absent or is unable to perform the functions of the Vice Chancellor owing to any cause, the Chancellor shall make such temporary arrangements for the performance of the duties of the Vice Chancellor as he may deem fit.";

(5)        in Section 15--

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

                        "(3) Subject to such conditions as may be prescribed, the Vice Chancellor may, in an emergency, take an action which is not otherwise in the competence of the Vice Chancellor but is in the competence of any other Authority.

                        (3a) The Vice Chancellor shall, within seven days of taking an action under subsection (3), submit a report of the action taken to the Pro-Chancellor and to the members of the Syndicate; and, the Syndicate shall, within forty-five days of such an action of the Vice-Chancellor, pass such orders as the Syndicate deems appropriate.";

(6)        for Section 15-A, the following shall be substituted:--

            "15-A. Pro-Vice Chancellor.--(1) The Chancellor shall nominate the Pro-Vice Chancellor of the University, from amongst three senior most Professors of the University, for a term of three years.

                        (2) The Pro-Vice Chancellor shall perform such functions as may be assigned to him under this Act, statutes or regulations.

                        (3) The Syndicate or the Vice Chancellor may assign any other functions to the Pro-Vice Chancellor in addition to his duties as Professor."; and

(7)        in Section 41, after the words "An officer", the words and comma "other than the Chancellor, Pro-Chancellor and Vice Chancellor" shall be inserted.

3.  Amendments in Act V of 1995.--In the Pir Mehr Ali Sah Arid Agriculture University, Rawalpindi Act 1995 (V of 1995)--

(1)        in Section 2, after para (o), the following para (oa) be inserted:--

            "(oa)    "Pro-Vice Chancellor" means the Pro-Vice Chancellor of the university;";

(2)        in Section 9, after clause (c), the following shall be inserted:--

            "(ca)     Pro-Vice Chancellor;";

(3)        for Section 13, the following shall be substituted:

            "13.     Pro-Chancellor.--(1) Minister for Agriculture, Government of the Punjab shall be the Pro-Chancellor of the University.

                        (2) The Pro-Chancellor shall perform such duties and functions and exercise such powers as are vested in him under this Act or as may be assigned or delegated to him by the Chancellor.";

(4)        for Section 14, the following shall be substituted:--

            "14.     Vice Chancellor.--(1) A person who is eligible and who is not more than sixty-five years of age on the last date fixed for submission of applications for the post of the Vice Chancellor may apply for the post.

                        (2) The Government shall determine, by notification in the official Gazette, the qualifications, experience and other relevant requirements for the post of the Vice Chancellor.

                        (3) The Government shall constitute, for a term of two years, a Search Committee consisting of not less than three and not more than five members for making recommendations for appointment of the Vice Chancellor.

                        (4) The Search Committee shall follow such procedure and criteria, for selection of the panel for the post of the Vice Chancellor, as the Government may, by notification, determine.

                        (5) The Search Committee shall recommend to the Government, a panel of three persons who, in its opinion, are suitable for appointment as the Vice Chancellor.

                        (6) The Chancellor shall appoint the Vice Chancellor for each term of four years but he shall serve during the pleasure of the Chancellor.

                        (7) The Government shall determine the terms and conditions of service of the Vice Chancellor.

                        (8) The incumbent Vice Chancellor shall not be allowed any extension in his tenure but subject to eligibility he may again compete for the post of the Vice Chancellor in accordance with the procedure prescribed by or under this section.

                        (9) If the office of the Vice Chancellor is vacant or the Vice Chancellor is absent or is unable to perform the functions of the Vice Chancellor owing to any cause, the Pro-Vice Chancellor shall perform the functions of the Vice Chancellor but, if any time, the office of Pro-Vice Chancellor is also vacant or the Pro-Vice Chancellor is absent or is unable to perform the functions of the Vice Chancellor owing to any cause, the Chancellor shall make such temporary arrangements for the performance of the duties of the Vice Chancellor as he may deem fit.";

(5)        in Section 15--

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

                        "(3) Subject to such conditions as may be prescribed, the Vice Chancellor may, in an emergency, take an action which is not otherwise in the competence of the Vice Chancellor but is in the competence of any other Authority.

                        (3a) The Vice Chancellor shall, within seven days of taking an action under subsection (3), submit a report of the action taken to the Pro-Chancellor and to the members of the Syndicate; and, the Syndicate shall, within forty-five days of such an action of the Vice-Chancellor, pass such orders as the Syndicate deems appropriate.";

            (b)        in sub-section (4), clause (i) shall be omitted;

(6)        After Section 15, the following shall be inserted:--

            "15-A. Pro-Vice Chancellor.--(1) The Chancellor shall nominate the Pro-Vice Chancellor of the University, from amongst three senior most Professors of the University, for a term of three years.

                        (2) The Pro-Vice Chancellor shall perform such functions as may be assigned to him under this Act, statutes or regulations.

                        (3) The Syndicate or the Vice Chancellor may assign any other functions to the Pro-Vice Chancellor in addition to his duties as Professor."; and

(7)        in Section 41, after the words "An officer", the words and comma "other than the Chancellor, Pro-Chancellor and Vice Chancellor" shall be inserted.

4.  Validation.--Notwithstanding anything contained in this Act or any other law, any appointment of the Vice Chancellor made or purported to be made under the relevant law shall be deemed to have been validly made under this Act.

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ACT LII OF 2012

UNIVERSITY OF HEALTH SCIENCES, LAHORE (AMENDMENT) ACT, 2012

An Act further to amend the University of Health Sciences, Lahore, Ordinance 2002.

[Gazette of Punjab, Extraordinary, 30th July, 2012]

No. PAP-Legis-2(132)/2012/731. The University of Health Sciences, Lahore (Amendment) Bill 2012, originally passed by the Provincial Assembly of the Punjab on the 21st day of June 2012, was sent to the Governor of the Punjab for assent. The Governor returned the Bill for reconsideration by the Assembly. The Provincial Assembly of the Punjab, after reconsideration, again passed the Bill on the 18th day of July 2012. The Bill was again sent to the Governor for assent on the 19th day of July 2012. Since the Governor has not assented to the Bill within the stipulated period of ten days, the same is deemed to have been assented to in terms of clause (3) of Article 116 of the Constitution, and is published as an Act of the Provincial Assembly of the Punjab.

Preamble.--Whereas it is expedient further to amend the University of Health Sciences, Lahore Ordinance 2002 (LVIII of 2002) for purposes hereinafter appearing; It is enacted as follows:--

1.         Short title and commencement.--(1) This Act may be cited as the University of Health Sciences, Lahore (Amendment) Act 2012.

(2)  It shall come into force at once.

2.         Amendment of Section 2 of Ordinance LVIII of 2002.--In the University of Health Sciences, Lahore Ordinance, 2002 (LVIII of 2002) (hereinafter called the said Ordinance), in Section 2--

(i)         clause (vii) shall be omitted; and

(ii)        after clause (xxii), the following new clause (xxii-a) be inserted:--

            "(xxii-a)   "Pro-Chancellor" means the Pro- Chancellor
     of the University;".

3.         Amendment of Section 8 of Ordinance LVIII of 2002.--In the said Ordinance, in Section 8--

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

            "(ia)     Pro-Chancellor;"; and

(b)        clause (iv) shall be omitted.

4.  Amendment of Section 9 of Ordinance LVI11 of 2002.--In the said Ordinance, in Section 9, after sub-section (6), the following shall be inserted:--

"(7) In the performance of his functions under this Ordinance, the Chancellor shall act and shall be bound in the same manner as the Governor of the Province acts and is bound under clause (1) of Article 105 of the Constitution of the Islamic Republic of Pakistan.".

5.         Amendment of Section 11 of Ordinance LVIII of 2002.--In the said Ordinance, in Section 11, in sub-section (4), the commas and the words 'or the Chief Executive, as the case may be, shall be omitted.

6.         Insertion of Section 11-A in Ordinance LVIII of 2002.--In the said Ordinance, after Section 11, the following new section shall be inserted:--

"11-A. Pro-Chancellor.--(1) Minister for Health, Government of the Punjab shall be the Pro-Chancellor of the University.

            (2) The Pro-Chancellor shall perform such duties and functions and exercise such powers as are vested in him under this Ordinance or as may be assigned or delegated to him by the Chancellor.".

7.         Amendment of Section 12 of Ordinance LVIII of 2002.--In the said Ordinance, for Section 12, the following shall be substituted:--

"12.     Vice Chancellor.--(1) A person who is eligible and who is not more than sixty-five years of age on the last date fixed for submission of applications for the post of the Vice Chancellor may apply for the post.

            (2) The Government shall determine, by notification in the official Gazette, the qualifications, experience and other relevant requirements for the post of the Vice Chancellor.

            (3) The Government shall constitute, for a term of two years, a Search Committee consisting of not less than three and not more than five members for making recommendations for appointment of the Vice Chancellor.

            (4) The Search Committee shall follow such procedure and criteria, for selection of the panel for the post of the Vice Chancellor, as the Government may, by notification, determine.

            (5) The Search Committee shall recommend to the Government, a panel of three persons who, in its opinion, are suitable for appointment as the Vice Chancellor.

            (6) The Chancellor shall appoint the Vice Chancellor for each term of four years but he shall serve during the pleasure of the Chancellor.

            (7) The Government shall determine the terms and conditions of service of the Vice Chancellor.

            (8) The incumbent Vice Chancellor shall not be allowed any extension in his tenure but subject to eligibility he may again compete for the post of the Vice Chancellor in accordance with the procedure prescribed by or under this section.

            (9) If the office of the Vice Chancellor is vacant or the Vice Chancellor is absent or is unable to perform the functions of the Vice Chancellor owing to any cause, the Pro-Vice Chancellor shall perform the functions of the Vice Chancellor but, if at any time, the office of Pro-Vice Chancellor is also vacant or the Pro-Vice Chancellor is absent or is unable to perform the functions of the Vice Chancellor owing to any cause, the Chancellor shall make such temporary arrangements for the performance of the duties of the Vice Chancellor as he may deem fit.".

8.         Amendment of Section 13 of Ordinance LVIII of 2002.--In the said Ordinance, in Section 13, for sub-section (2), the following shall be substituted:--

"(2) Subject to such conditions as may be prescribed, the Vice Chancellor may, in an emergency, take an action which is not otherwise in the competence of the Vice Chancellor but is in the competence of any other authority.

(3) The Vice Chancellor shall, within seven days of taking an action under subsection (2), submit a report of the action taken to the Pro-Chancellor and to the members of the Board of Governors; and, the Board of Governors shall, within forty five days of such an action of the Vice Chancellor, pass such orders as the Board of Governors deems appropriate."

9.         Amendment of Section 14 of Ordinance LVIII of 2002.--In the said Ordinance, for Section 14, the following shall be substituted:--

"14.     Pro-Vice Chancellor.--(1) The Chancellor shall nominate the Pro-Vice Chancellor of the University, from amongst three senior most Professors of the University, for a term of three years.

            (2) The Pro-Vice Chancellor shall perform such functions as may be assigned to him under this Ordinance, statutes or regulations.

            (3) The Board of Governors or the Vice Chancellor may assign any other functions to the Pro-Vice Chancellor in addition to his duties as Professor."

10.       Omission of sections 15 and 16 of Ordinance LVIII of 2002.--In the said Ordinance, Section 15 and Section 16 shall be omitted.

11.       Amendment of Section 17 of Ordinance LVIII of 2002.--In the said Ordinance, in Section 17, in sub-section (1), for the words 'Chief Executive', the words Vice Chancellor shall be substituted.

12.       Amendment of Section 18 of Ordinance LVIII of 2002.--In the said Ordinance, in Section 18, for the words 'Chief Executive1, wherever occur, the words 'Vice Chancellor' shall be substituted.

13.       Amendment of Section 23 of Ordinance LVIII of 2002.--In the said Ordinance, in Section 23, in sub-section (1), clause (iii) shall be omitted.

14.       Amendment of Section 24 of Ordinance LVIII of 2002.--In the said Ordinance, in Section 24, the words 'Chief Executive or', wherever occur, shall be omitted.

15.       Amendment of Section 25 of Ordinance LVIII of 2002.--In the said Ordinance, in Section 25, in sub-section (2), the comma and words 'Chief Executive' shall be omitted.

16.       Amendment of Section 28 of Ordinance LVIII of 2002.--In the said Ordinance, in Section 28, for the words 'Chief Executive', wherever occur, the words 'Vice Chancellor' shall be substituted.

17.       Amendment of Section 37 of Ordinance LVIII of 2002.--In the said Ordinance, in Section 37, in sub-section (2), in para (ix), for the words 'Chief Executive', the words 'Vice Chancellor' shall be substituted.

18.       Amendment of Section 47 of Ordinance LVIII of 2002.--In the said Ordinance, in Section 47, after the words "An officer", the words and comma ", other than the Chancellor, Pro-Chancellor and Vice Chancellor" shall be inserted.

19.       Amendment of Section 54 of Ordinance LVIII of 2002.--In the said Ordinance, in Section 54, for sub-section (2), the following shall be substituted:--

"(2) If a question arises whether any person is entitled to be a member of any Authority, the matter shall be referred to the Committee consisting of the Vice Chancellor, Pro-Vice Chancellor and Secretary Health of the Government or his nominee not below the rank of Additional Secretary and the decision of the Committee shall be final."

20.       Amendment of Section 58 of Ordinance LVIII of 2002.--In the said Ordinance, in Section 58, the words 'or Chief Executive’ shall be omitted.

21.       Amendments in Schedule of Ordinance LVIII of 2002.--In the said Ordinance, in the Schedule--

(a)        in para 7, for the words 'Chief Executive1, wherever occur, the words 'Vice Chancellor' shall be substituted; and

(b)        in para 9, for the words 'Chief Executive', the words 'Vice Chancellor' shall be substituted.

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ACT LIII OF 2012

KING EDWARD MEDICAL UNIVERSITY (AMENDMENT) ACT, 2012

An Act further to amend the King Edward Medical University, Lahore Act 2005 (V of 2005)

[Gazette of Punjab, Extraordinary, 30th July, 2012]

No. PAP-Legis-2(133)/2012/732. The King Edward Medical University (Amendment) Bill 2012, originally passed by the Provincial Assembly of the Punjab on the 21st day of June 2012, was sent to the Governor of the Punjab for assent. The Governor returned the Bill for reconsideration by the Assembly. The Provincial Assembly of the Punjab, after reconsideration, again passed the Bill on the 18th day of July 2012. The Bill was again sent to the Governor for assent on the 19th day of July 2012. Since the Governor has not assented to the Bill within the stipulated period of ten days, the same is deemed to have been assented to in terms of clause (3) of Article 116 of the Constitution, and is published as an Act of the Provincial Assembly of the Punjab.

Preamble.--Whereas it is expedient further to amend the King Edward Medical University, Lahore Act 2005 (V of 2005) for purposes hereinafter appearing;

It is enacted as follows:--

1.         Short title and commencement.--(1) This Act may be cited as the King Edward Medical University (Amendment) Act 2012.

(2)  It shall come into force at once.

2.         Amendments of Section 2 of Act V of 2005.--In the King Edward Medical University, Lahore Act 2005 (V of 2005) (hereinafter called the said Act), in Section 2, clause (xxi) shall be omitted.

3.         Amendments of Section 9 of Act V of 2005.--In the said Act, in Section 9, for sub section (8), the following shall be substituted:--

"(8) In the performance of his functions under this Act, the Chancellor shall act and shall be bound in the same manner as the Governor of the Province acts and is bound under clause (1) of Article 105 of the Constitution of the Islamic Republic of Pakistan."


4.         Amendments of Section 13 of Act V of 2005.--In the said Act, for Section 13, the following shall be substituted:--

13.       Vice Chancellor--(1) A person, who is eligible and who is not more than sixty-five years of age on the last date fixed for submission of applications for the post of the Vice Chancellor, may apply for the post.

            (2) The Government shall determine, by notification in the official Gazette, the qualifications, experience and other relevant requirements for the post of the Vice Chancellor.

            (3) The Government shall constitute, for a term of two years, a Search Committee consisting of not less than three and not more than five members for making recommendations for appointment of the Vice Chancellor.

            (4) The Search Committee shall follow such procedure and criteria, for selection of the panel for the post of the Vice Chancellor, as the Government may, by notification, determine.

            (5) The Search Committee shall recommend to the Government, a panel of three persons who, in its opinion, are suitable for appointment as the Vice Chancellor.

            (6) The Chancellor shall appoint the Vice Chancellor for each term of four years but he shall serve during the pleasure of the Chancellor:

            (7) The Government shall determine the terms and conditions of service of the Vice Chancellor.

            (8) The incumbent Vice Chancellor shall not be allowed any extension in his tenure but subject to eligibility he may again compete for the post of the Vice Chancellor in accordance with the procedure prescribed by or under this section.

            (9) If the office of the Vice Chancellor is vacant or the Vice Chancellor is absent or is unable to perform the functions of the Vice Chancellor owing to any cause, the Pro-Vice Chancellor shall perform the functions of the Vice Chancellor but, if at any time, the office of Pro-Vice Chancellor is also vacant or the Pro-Vice Chancellor is absent or is unable to perform the functions of the Vice Chancellor owing to any cause, the Chancellor shall make such temporary arrangements for the performance of the duties of the Vice Chancellor as he may deem fit.";

5.         Amendment of Section 14 of Act V of 2005.--In the said Act, in Section 14, for sub-section (3), the following shall be substituted:--

"(3) Subject to such conditions as may be prescribed, the Vice Chancellor may, in an emergency, take an action which is not otherwise in the competence of the Vice Chancellor but is in the competence of any other Authority.

(3a) The Vice Chancellor shall, within seven days of taking an action under subsection (3), submit a report of the action taken to the Pro-Chancellor and to the members of the Syndicate; and, the Syndicate shall, within forty-five days of such an action of the Vice-Chancellor, pass such orders as the Syndicate deems appropriate."

6.         Amendment of Section 15 of Act V of 2005.--In the said Act, for Section 15, the following shall be substituted:--

"15.     Pro-Vice Chancellor.--(1) The Chancellor shall nominate the Pro-Vice Chancellor of the University, from amongst three senior most Professors of the University, for a term of three years.

            (2) The Pro-Vice Chancellor shall perform such functions as may be assigned to him under this Act, statutes or regulations.

            (3) The Syndicate or the Vice Chancellor may assign any other functions to the Pro-Vice Chancellor in addition to his duties as Professor."

7.         Amendments of Section 36 of Act V of 2005.--In the said Act, in Section 36, after the words "An officer", the commas and words ", other than the Vice Chancellor," shall be inserted.

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