Pakistani Law Updates 2023

ACT NO. XXXVIII OF 2023

CONTROL OF NARCOTICS SUBSTANCES (AMENDMENT) ACT, 2023

An Act further to amend the Control of Narcotics
Substances Act, 1997

[Gazette of Pakistan, Extraordinary, Part-I, 5th August, 2023]

No. F. 22(10)/2022-Legis., dated 4.8.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 2nd August, 2023 is hereby published for general information:–

WHEREAS it is expedient further to amend the Control of Narcotics Substances Act, 1997 (XXV of 1997), for the purposes hereinafter appearing;

It is hereby enacted as follows:–

  1. Short title and commencement.–This Act may be called the Control of Narcotics Substances (Amendment) Act, 2023.

(2)  If shall come into force at once.

  1. Amendment of Section 9, Act XXV of 1997.–In
    the Control of Narcotics Substances Act, 1997 (XXV of 1997), in Section 9,–

(i)       in sub-section (1), in the Table, in column (3), the words “punishment for death or”, wherever occurring, shall be omitted; and

(ii)      in sub-section (2), in the Table, in the fourth proviso, for the words “may be death or”, the words “shall be” shall be substituted.

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ACT NO. XXXIX OF 2023

QANUN-E-SHAHADAT (AMENDMENT) ACT, 2023

An Act further to amend the Qanun-e-Shahadat, 1984

[Gazette of Pakistan, Extraordinary, Part-I, 5th August, 2023]

No. F. 22(12)/2022-Legis., dated 4.8.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 2nd August, 2023 is hereby published for general information:–

 

WHEREAS it is expedient further to amend the Qanun-e-Shahadat, 1984 (P.O. No.10 of 1984), for the purpose hereinafter appearing;

It is hereby enacted as follows:–

  1. Short title and commencement.–This Act may be called the Qanun-e-Shahadat (Amendment) Act, 2023.

(2)  If shall come into force at once.

  1. Amendment in Qanun-e-Shahadat, 1984 (P.O. No. 10 of 1984).–In the Qanun-e-Shahadat, 1984 (P.O. No. 10 of 1984), in Article 59, after the expression “science or art,”, the expression “or bomb disposal” shall be inserted.

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ACT NO. XLI OF 2023

BOARD OF INVESTMENT (AMENDMENT)

ACT, 2023

An Act to amend the Board of Investment Ordinance, 2001

[Gazette of Pakistan, Extraordinary, Part-I, 5th August, 2023]

No. F. 22(38)/2023-Legis., 4.8.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 3rd August, 2023, is hereby published for general information:–

WHEREAS, it is expedient to amend the Board of Investment Ordinance, 2001 (XV of 2001), in the manner and for the purposes hereinafter appearing;

It is hereby enacted as follows:–

  1. Short title and commencement.–(1) This Act shall be called the Board of Investment (Amendment) Act, 2023.

(2)  If shall come into force at once.

  1. Insertion of new Chapter II-A, Ordinance XV of 2001.–In the Board of Investment Ordinance, 2001 (XV of 2001), hereinafter referred to as the said Ordinance, after Chapter II, the following new Chapter IIA shall be inserted, namely:–

“CHAPTER II-A

Special Investment Facilitation Council (SIFC)

10-A. Establishment of a Special Investment Facilitation Council.–(1) The Federal Government shall, by notification in the official gazette, establish a Special Investment Facilitation Council (SIFC), for carrying out the purposes envisioned under this Chapter of the Ordinance.

(2) The SIFC shall consist of a Secretary, who shall also serve as the Principal Accounting Officer, and such members, as may be notified by the Federal Government, from time to time.

(3) The President of the SIFC shall be the Prime Minister of Pakistan.

(4) The President of the SIFC may co-opt any person as a member, or may require attendance of any person by special invitation, as deemed appropriate.

10-B. Scope of work of the Special Investment Facilitation Council.–(1) The SIFC shall facilitate investment and privatization in areas, including, but not limited to, Defence, agriculture, infrastructure development, strategic initiatives, logistics, minerals, information technology, telecommunication and energy (hereinafter referred to as the ‘Relevant Fields’), and shall take all necessary measures in order to establish, facilitate, encourage and promote opportunities for investment, as well as, inter alia, business in and for Pakistan.

(2) The Federal Government may notify any other area, sector, industry or projects as Relevant Field through a notification in the official Gazette to be processed under this Chapter.

(3) Provincial Government or an entity authorized by the said Government in this behalf may also refer any sector, industry or project to SIFC to be processed under this Chapter.

Functions of the Special Investment Facilitation Council.

(1) Without prejudice to the generality of Section 10B, the SIFC shall, inter alia,–

(a)      act as Single Window for multi-domain cooperation in Relevant Fields with GCC countries, in particular, and other countries in general, for facilitation of investment and development of an enabling policy environment;

(b)      recommend approvals, execute commercial transactions, and/or enter into arrangements and agreements, directly or indirectly, with local and foreign investors;

(c)      enter into commercial engagements and transact with governmental as well as corporate entities, for the purposes envisioned under this Chapter of the Ordinance.

(d)      prepare long-term road-map for growth, development and investment in the ‘Relevant Fields’, while capitalizing on fast track initiatives;

(e)      enhance awareness of Pakistan’s latent potential in the ‘Relevant Fields’;

(f)       improve ease of doing business by, inter alia, facilitating timely decision making, avoiding duplication of effort, fast-tracking investment and projects implementation, etc.;

(g)      monitor the progress of investment programs and projects at all stages and ensure, through inter-agency and inter-provincial coordination, prompt implementation and operations thereof;

(h)      review investment promotion plans, formulate institutional arrangements, make transparent and simplified procedures and guidelines for investment promotion;

(i)       appraise, evaluate and process all investment proposals and projects received from the investors;

(j)       appoint commissions, expert bodies and consultants to study various aspects of attracting investment in all sectors;

(k)      promote an enabling environment for investment by encouraging deregulation and other measures to remove unnecessary obstacles in the process;

(l)       consider individual investment proposals as well as categories of investments that require special treatment, and recommend, where appropriate, additional incentives or relaxation in the regulatory and policy framework; and

(m)     perform any other function assigned by the Federal Government.

(2) In order to carry out its functions, the SIFC may adopt any procedure or process, with the approval of the Federal Government.

10-D. Formation of Committees.–(1) For implementation of provision of this Chapter, SIFC may constitute executive and implementation committees.

(2) The committees shall perform such functions as may be assigned to them by SIFC, in addition to facilitation and supervision of projects, transaction, arrangements and agreements made or carried out under this Chapter of the Ordinance.

10-E. Power to issue directions.–(1) For furthering the objectives of this Chapter, the SIFC may, as and when it considers necessary, issue recommendation, advice or directions to the respective regulatory bodies, authorities public sector entities, divisions and departments of the Federal Government, on matters within their respective domains, which shall, to the extent not inconsistent with applicable law be binding.

(2) SIFC shall have powers to summon any regulatory bodies, authorities, public sector entities, divisions and departments of the Federal Government, or a representative thereof, in case requisite regulatory licenses, certificates and/or any other legal permits and permissions required to commence, foster or grow investment operations are delayed unnecessarily which may hamper investor(s) sentiment and inflow of investment

(3) Powers specified in sub-Sections (1) and (2) shall mutatis mutandis be exercisable by SIFC in respect of projects referred to the SIFC by the Provincial Government.

10-F. Power to relax or exempt from regulatory compliance.–The Federal Government, upon recommendation of the SIFC, by notification in the official Gazette and subject to such conditions, limitations or restriction’s if any as may be specified therein, may relax or exempt from a regulatory requirement or operation necessitated by any law for the time being in force for implementing projects, transactions, arrangements and agreements under this Chapter:

Provided that the relaxation or exemption, granted under this section, shall be granted in accordance with the provisions of the respective laws.

10-G. Immunity.–(1) No suit, prosecutions or any other legal proceedings or action, in damages or otherwise shall lie against SIFC or any of its members or consultants for any act done, procedural lapse suffered, or omission made, in exercise or performance of any functions, power or duty conferred or imposed by or under this Chapter.

(2) Notwithstanding anything contained in any other law for the time being in force, as investigating agency, anti-graft agency, law enforcement agency or a Court shall not inquire into or initiate investigation in relation to, inter alia, any commercial transaction,

 

arrangement or agreement made under this Chapter, unless there exists material evidence of mala fides or bad faith on part of any  person involve in the said commercial transaction, arrangement or agreement.

(3) No person shall be liable in his personal capacity for any action taken in his official capacity.

(4) Any procedural irregularity or lapse shall not affect, vitiate, set-aside, annual or rescind, inter alia, any transaction, arrangement or agreement under this Chapter.

10-H. Overriding effect.–The provisions of this Chapter shall have effect notwithstanding anything contrary contained in any other law or instrument having the force of law for the time being in force and in the event of any inconsistency between the provisions of this Chapter and any other law whether enacted prior or subsequent to the commencement of the Board of Investment (Amendment) Act, 2003, the provisions of this Chapter shall prevail.

10-I. Power to make rules.–The SIFC may with prior approval of the Federal Government and by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.

10-J. Removal of difficulties.–Where any difficulty arises in giving effect to any provision of this Chapter, the Federal Government may by notification in the official Gazette, make an order for the removal of the difficulty.”:

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ACT NO. XLII OF 2023

PETROLEUM (AMENDMENT) ACT, 2023

An Act further to amend Petroleum Act, 1934

[Gazette of Pakistan, Extraordinary, Part-I, 5th August, 2023]

No. F. 22(39)/2021-Legis., dated 4.8.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 3rd August, 2023, is hereby published for general information:–

WHEREAS, it is expedient further to amend the Petroleum Act, 1934 (XXX of 1934), in the manner and for the purpose hereinafter appearing;

It is hereby enacted as follows:–

  1. Short title, extent and commencement.–(1) This Act shall be called the Petroleum (Amendment) Act, 2023.

(2) It shall come into force at once.

  1. Amendment of Section 2, Act XXX of 1934.–In the Petroleum Act, 1934 (XXX of 1934), hereinafter called as the said Act, in Section 2, (1) for clause (b), the following shall be substituted, namely:–

(b)      “petroleum class A” means petroleum having flashpoint below twenty-four degrees centigrade;

(ba)    “petroleum class B” means petroleum having flashpoint below twenty-four degrees centigrade and above, but below fifty-five degrees centigrade;

(bb)    “petroleum class C” means petroleum having flashpoint of fifty-five degrees centigrade and above, but below ninety-three degrees centigrade;

(bc)    “excluded petroleum” means petroleum having flashpoint of ninety-three degrees centigrade and above;”;

(2) in sub-clause (h), for the full stop, at the end, a semi colon shall be substituted and thereafter the following new clauses shall be added, namely:–

(i)       “illegal sale of petroleum” means sale of petroleum products without having a valid storage licence granted under this Act and the rules made there under;

(j)       “oil marketing company” means a company or organization having a valid marketing licence front Oil and Gas Regulatory Authority for doing the activity of purchasing or obtaining refined oil products from refineries in Pakistan or from or through sources abroad, for selling, distributing or marketing directly or through agents or dealers at dispensing outlets or filling stations;

(k)      “dealer” shall have the same meaning as assigned thereto in sub-clause (viii) rule 2 of the Pakistan Oil Rules, 2016; and

(l)       “serious bodily injury” shall have the same meaning as assigned thereto in clause k of Section 3, of the Mines Act, 1923 (IV of 1923).

  1. Amendment of Section 3, Act XXX of 1934.–In the said Act in Section 3, in sub-section (2) for the word “dangerous petroleum” the words “petroleum class A”, shall be substituted.
  2. Amendment of Section 4, Act XXX of 1934.–In the said Act in Section 4,–

(i)       in clause (c), for the words “dangerous petroleum” occurring twice, the words “petroleum class A”, shall be substituted; and

(ii)      in clause (h), for the words “dangerous petroleum” the words, “petroleum class A”, shall be substituted.

  1. Amendment of Section 5, Act XXX of 1934.–In the said Act, in Section 5, in sub-section (2) in clause (b), for the words “dangerous petroleum”, the words “petroleum class A” shall be substituted.
  2. Amendment of Section 6, Act XXX of 1934.–In the said Act, in Section 6, for the words “dangerous petroleum”, wherever occurring, the words “petroleum class A”, shall be substituted, and in the proviso, in clause (a), for the words “two gallons”, the words “ten liters” shall be substituted.
  3. Amendment of Section 7, Act XXX of 1934.–In the said Act, in Section 7,

(a)      for the words “non-dangerous petroleum”, wherever occurring, the words “petroleum class B” shall be substituted;

(b)      for the words “five hundred gallons”, the words “two thousand liters” shall be substituted; and

(c)      for the words “two hundred gallons”, the words “eight hundred liters” shall be substituted.

  1. Amendment of Section 8, Act XXX of 1934.–In the said Act, in Section 8,

(a)      for the words “dangerous petroleum”, wherever occurring, the words “petroleum class A” shall be substituted;

(b)      in sub-section (1) for the words “six gallons”, the words “thirty liters”, shall be substituted; and

(c)      in sub-section (2),–

(i)       for the words “one quart”, the words “one liter”, shall be substituted; and

(ii)      for the words “five gallons”, the words “twenty-five liters”, shall be substituted.

  1. Amendment of Section 9, Act XXX of 1934.–In the said Act, in Section 9, (a) in sub-section (1), in clause (b),–

(i)       for the words “dangerous petroleum”, the words “petroleum class A” shall be substituted; and

(ii)      for the words “twenty gallons”, the words “hundred liters”, shall be substituted; and

(b)      in sub-section (2),–

(i)       for the words “dangerous petroleum”, the words “petroleum class A”, shall be substituted; and

(ii)      for the words “six gallons”, the words “thirty liters”, shall be substituted.

  1. Amendment of Section 11, Act XXX of 1934.–In the said Act, in Section 11.–

(i)       in the marginal note, for the words “heavy oils”, the words “excluded petroleum”, shall be substituted; and

(ii)      for the words “two hundred degrees Fahrenheit”, the words “ninety-three degrees centigrade”, shall be substituted.

  1. Amendment of Section 15, Act XXX of 1934.–In the said Act, in Section 15, in sub-section (1), for the words “Federal Government”, the words “Secretary of the Division concerned”, shall be substituted.
  2. Amendment of Section 17, Act XXX of 1934.–In the said Act, in Section 17.–

(i)       the existing provision shall be numbered as sub-section (1) of that section and in sub-section (1) numbered as aforesaid, for the words “Federal Government”, the words “Secretary of the Division concerned”, shall be substituted; and

(ii)      after sub-section (1), numbered and amended as aforesaid, the following new sub-section shall be added, namely;

“(2)     the following testing officers may be authorized under sub-section (1), namely;–

  1.        Director General, Director, Deputy Director, and Assistant Director of the Department of Explosives
  2.        Chemical Examiner, Customs House, Karachi, and
  3.        Chemical Examiner, Customs House, Lahore.” Section 19, (i) in sub-section (1),–
  4. Amendment of Section 19, Act XXV of 1934.–In the said Act, in Section 19, (i) in sub-section (1),–

(a)      for the word, “dangerous”, the words “petroleum class A” shall be substituted; and

(b)      for the word “non-dangerous”, occurring twice, the words “petroleum class B”, shall be substituted; and

(ii)      in sub-section (3).–

(a)      for the word “dangerous”, the words “Petroleum class A” shall be substituted; and

(b)      for the word “non-dangerous” occurring twice, the words “petroleum class B” shall be substituted.

  1. Amendment of Section 23, Act XXX of 1934.–In the said Act, in Section 23.–

(i)       in sub-section (1), in clause (f), for the words “five hundred” the words “equal to licence fee or as determined by the Federal Government from time to time” shall be substituted;

(ii)      in sub-section (2), for the words “two thousand”, the words “two times licence fee or as determined by the Federal Government from time to time”, shall be substituted: and

(iii)     after sub-section (2), the amended as aforesaid, following new sub-sections (3) and (4), shall be added, namely:-

“(3)     whoever–

(a)      illegally imports, transports, stores, sales produce, refines or blends any petroleum shall be punishable with the fine which may extend to one million rupees; and

(b)      if any person, having beer, convicted of an offence punishable under sub-section 3(a), is again guilty of any offence punishable under that with fine which may extend to five million rupees; or

(4)      Where in any accident loss of human life or serious bodily injury to persons has occurred and the accident happens due to contravention of any of the provisions of this Act or of any of the rules

 

made thereunder, offender shall be punishable with fine up to ten million rupees.”

  1. Amendment of Section 25, Act XXX of 1934.–In the said Act, for Section 25, the following shall be substituted, namely,–

“25. Jurisdiction.–The offences punishable under this Act shall be triable by a Judicial Magistrate of the first class.”.

  1. Amendment of Section 26, Act XXX of 1934.–In the said Act, in Section 26, in sub-section (1), for the words “Federal Government”, the words “Minister-incharge”, shall be substituted.
  2. Amendment of Section 27, Act XXX of 1934.–In the said Act, in Section 27, for the words “Magistrate”, the words “Deputy Commissioner in the office of the Department of explosives”, shall be substituted.
  3. Amendment of Section 28, Act XXX of 1934.–In the said Act, in Section 28, in sub-section (4), for the words “Federal Government”, the words “Secretary of the Division concerned”, and for the words “Chief Inspector of Explosives”, the words “Director General”, shall be substituted.

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ACT NO. XLIII OF 2023

PAKISTAN GENERAL COSMETICS ACT, 2023

An Act to regulate the quality, standard, labeling, packing, manufacturing, storage, distribution and sales of general cosmetics

[Gazette of Pakistan, Extraordinary, Part-I, 7th August, 2023]

No. F. 24(68)/2023-Legis., dated 4.8.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 3rd August, 2023 and is hereby published for general information:–

WHEREAS, it is expedient to regulate the standard of the general cosmetics to ensure the quality of general cosmetics including labeling, packing, manufacturing, storage, sale and distribution and for matters connected therewith and ancillary thereto;

It is hereby enacted as follows:–

  1. Short title, extent and commencement.–(1) This Act shall be called the Pakistan General Cosmetics Act, 2023.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

  1. Definitions.–In this Act, unless there is anything repugnant in the subject or context,–

(a)      “Analyst” means analyst appointed by the government in the laboratory under the control and management of Pakistan Standard Quality Control Authority;

(b)      “Association” means Pakistan Cosmetics Manufacturing Association;

(c)      “Authority” means the Pakistan General Cosmetics Regulatory Authority constituted under Section 3 of this Act;

(d)      “Code means the Code of Criminal Procedure, 1898 (Act V of 1898);

(e)      “Cosmetic Manufacturing Unit” premises comprising of the building, Quality Control Lab, storage and requisite machinery used for the manufacturing of the general cosmetics and its standard must fulfill all the hygienic conditions which may be necessary for the safety and health of human beings;

(f)       “Counterfeit cosmetic” means general cosmetic manufactured, processed and packed in violation of the registered trade mark, label, design and copyright of any product which already been used and registered for any other firm;

(g)      “Division concerned” means the division to which the business of this Act stands allocated;

(h)      “expiry date” means a date after which general cosmetic product shall not be displayed for sale;

(i)       “free sale certificate” means free sale certificate issued by the Trade Development Authority under the Trade Development Authority of Pakistan Act, 2013, but shall not include Medicated Cosmetics as defined in clause (xix) of Section 2 of the Drug Regulatory Authority of Pakistan Act, 2012 (XXI of 2012);

(j)       “general cosmetic” means any substance intended to be used to clean improve or change of complexion of skin, hair, nails or teeth and include the beauty preparations for make-up, perfume, skin cream, skin lotion nail polish, nail paint, soap, shampoo, shaving cream, gel, sun care and deodorant also include any article intended for use as a component of general cosmetics or any other item declared by the Authority for the purposes of this Act;

(k)      “Government” means the Federal Government;

(l)       “inspector” means an inspector appointed under Section 15 of the Pakistan Standards and Quality Control Authority Act, 1996 (VI of 1996);

(m)     “label” means a display of written, printed or graphic matter upon the primary and secondary packaging or the outside container or wrapper of a cosmetic product;

(n)      “manufacturing date” means date of production with specific batch number of any general cosmetics product;

(o)      “Pakistan Standard” shall have the same meaning as assigned to in the Pakistan Standards and Quality Control Authority Act, 1996 (VI of 1996);

(p)      “Prescribed” means prescribed by rules made under this Act;

(q)      “president” means president of the Authority;

(r)      “PSQCA” means the Pakistan Standards and Quality Control Authority established under Section 3 of the Pakistan Standards and Quality Control Authority Act, 1996 (VI of 1996):

(s)      “Rules” means rules made under this Act;

(t)      “standards and quality certificate” means standard and quality certificate issued by the Pakistan Standards and Quality Control Authority; and

(u)      “substandard cosmetics” means general cosmetics products that fail to meet either their quality standards or specification or hazardous to human use as per standards and quality notified by the PSQCA.

  1. Establishment of the Authority.–(1) On the commencement of this Act, there shall stand established an authority to be known as the Pakistan General Cosmetics Regulatory Authority to carry out the purposes of this Act.

(2) The Authority shall be a body corporate, having perpetual succession and a common seal, with power to enter into contracts within its budgetary allocation following all the applicable rules and regulations, acquire or dispose of property, both movable and immovable, and may, by its name, sue or be sued.

(3) The Authority shall be an autonomous body under the administrative control of the Ministry of Science and Technology with its headquarter at Islamabad.

(4) The Authority may set up its sub-offices at Provincial capital and such other places, as it may deem necessary from time to time with the approval of the Federal Government.

(5) The common seal of the Authority shall be kept in the custody of the president or such other persons as may be prescribed by rules and documents required or permitted to be executed under the common seal shall be specified and authenticated in such manner as may be prescribed by rules.

  1. Composition of the Authority.–(1) The Authority shall consist of a president and following members:–

(a)      four members from the association who are professional of known integrity and eminence with a minimum of ten years of related experience in the field of general cosmetics;

(b)      one member who is professional of known integrity and eminence with a minimum of fifteen years of related experience in the field of law;

(c)      one member who is a professional chemist of known integrity and eminence with a minimum of fifteen years of related experience in the field of chemistry;

(d)      one member who is a professional of known integrity and eminence with a minimum of fifteen years of related experience in the field of dermatology;

(e)      Secretary of the Division concerned or any officer nominated by the Secretary but not below the rank of BPS-20;

(f)       one member from Ministry of Law and Justice not below the rank of BPS 20                         Ex-Officio Member

(g)      one member from Ministry of Commerce not below the rank of BPS-20                                     Ex-Officio Member

(h)      one member from Ministry of Industry and Production not below the rank of BPS-20              Ex-Officio Member

(2) The President and the Members under clauses (a) to (d) of sub-section (1) shall be appointed by the Prime Minister on the recommendations of the Division concerned.

(3) The president shall be the convener and head of the Authority. The president shall be appointed from amongst the members under clauses (a) to (d) of sub-section (1). The term of the president and members shall be four years, on such terms and conditions as may be prescribed:

(4) The president and members shall be eligible for reappointment for one additional term of four years.

(5) The Prime Minister, if necessary, may designate any member of the Authority to act as president.

  1. Removal of the president and members.–(1) The president or any other member may, prior to expiry of their respective term, resign from office by writing under his hand addressed to the Prime Minister.

(2) The Prime Minister upon recommendations of the Authority, may remove the president or any member from office on grounds of inefficiency, incapacity or misconduct. For the purposes of such recommendations the Authority shall conduct an inquiry in such manner as may be prescribed by rules.

(3) In case of vacancy occurring due to death, resignation, retirement or removal of the president or any member, the appointment another qualified person to the said post shall be made within a period not exceeding ninety days from the date of such vacancy.

  1. Meetings of the Authority.–(1) The meeting of the Authority shall be held on quarterly basis.

(2) The president shall also call a meeting of the Authority, within five working days, on being requested in writing to do so by at least three Members of the Authority.

(3) The Members of the Authority shall have reasonable notice of the date, time, and place of a meeting of the Authority and each matter on which a decision has to be made:

Provided that in case of an urgent issue, the requirement of prior notice may be waived by the president.

(4) The Authority may, by the regulations, prescribe the manner in which Authority meetings are to be held.

(5) The president or in his absence, any other Member so nominated by the president, shall preside the meeting of the Authority.

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

(7) The quorum for a meeting shall be sixty percent of the total Members with a fraction being counted as one.

(8) No act or proceedings of the Authority shall be questioned or invalidated merely on the ground of existence of any vacancy or defect in the constitution of the Authority.

  1. Powers and functions of the Authority.–(1) In addition to such other powers and functions as may be assigned under this Act, the Authority shall be responsible to regulate the standard and to ensure the quality of general cosmetics including labeling, packing, manufacturing, storage, sale and distribution.

(2) Without prejudice to generality of the foregoing, the Authority may be responsible to–

(a)      make the policies for the development of general cosmetics business in Pakistan;

(b)      make the policies for import and export of general cosmetics;

(c)      issue guidelines from time to time;

(d)      facilitate advancement and up gradation of the sector to meet national and international standards of general cosmetics;

(e)      take steps for development and promotion of general cosmetics;

(f)       prepare annual budget;

(g)      develop working manuals, references, materials and procedures from time to time etc.

(h)      perform any other function which is necessary for the discharge of its functions under this Act.

  1. Business liberty.–The business of general cosmetics is related to the Intra-Provincial Trade. However, cosmetic firms or companies are at liberty to run their business, inside or outside Pakistan, under prevailing laws and rules made thereunder.
  2. Pakistan Penal Code, 1860 (Act XLV of 1860) to apply.–The provisions of the Pakistan Penal Code, 1860 (Act XLV of 1860), to the extent not inconsistent with anything provided in this Act, shall apply to the offences provided in this Act.
  3. Implementing authority.–The PSQCA shall be investigating authority for the purposes of investigation of offences of substandard.

(2) The inspector shall in all matters follow the procedure laid down in the Code.

  1. Offences, penalties etc.–If any product is found to be counterfeit, the person who may be found involve in this process or liable to be punished with rigorous imprisonment of three years and fine up to five million rupees. The premises where these counterfeit products are being processed shall be sealed and machinery shall also be confiscated.
  2. Cognizance of offences.–(1) Cognizance of offences shall be initiated in accordance with the Code on the complaint received from an aggrieved person.

(2) The trial of offences shall be conducted by Magistrate of lst class.

(3) The provisions of Pakistan Penal Code, 1860 relating to the offence of counterfeit or substandard also shall be applicable.

  1. Funds.–There shall be established a fund to be called the General Cosmetics Fund which shall consist of–

(a)      Grant-in-aid from the Federal Government, and the Provincial Governments;

(b)      Collections, subscriptions, and donations from any person body, association or organization;

(c)      receipts from other sources as may be approved by the Federal Government including sale proceeds from the Institute’s products, publications, and holding of exhibitions, programs, festivals and projects as a self-generated fund, which the Authority may, retain and spend therefrom and the balance, if any, shall be deposited in the self-generated fund account maintained by the Authority separately for this purpose in the scheduled banks; and

(d)      such funds as it may generate through private-public partnerships.

  1. Budget.–The Authority shall, in respect of each financial year, by such date as may be determined by the Federal Government, submit to it for approval a statement, to be called the Annual budget statement, in the prescribed manner, showing the estimated receipts and expenditure and the sums likely to be required during the next financial year along with detail program of works for that year.
  2. Maintenance of accounts and audit.–The Authority shall maintain complete and accurate accounts and other relevant records in such manner and form as may be prescribed by the Federal Government in consultation with Auditor General of Pakistan which shall be audited by the Auditor-General of Pakistan.
  3. Public servants.–Members and employees of the Authority shall be deemed to be public servants within the meaning of Section 21 of the Pakistan Penal Code, 1860 (Act XLV of 1860).
  4. Annual Report.–(1) The Authority shall, within three months of the end of a financial year, submit to the Prime Minister, its annual report, which shall consist of the accounts and audit reports of the Authority, a comprehensive statement of the work and activities carried out by the Authority during the preceding financial year, and its proposed activities as well as such other matters as may be deemed necessary by the Authority.

(2) The Prime Minister, at any time, may seek any details or clarification from the Authority about its financial affairs,

  1. Employees.–To carry out the purposes of this Act, employees including officers and staff of the Authority shall be appointed on such terms and conditions of services as may be prescribed by rules.
  2. Indemnity.–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 under this Act or any rules made there under.
  3. Power to make rules.–The Government may, by notification in the Official Gazette, make rules not inconsistent with the provisions of this Act, for carrying out the purposes of this Act.
  4. Act not in derogation.–This Act shall be in addition to and not in derogation of any other law.
  5. Power to remove difficulties.–If any difficulty arises in giving effect to any provision of this Act, the Prime Minister may make such order not inconsistent with the provisions of this Act, as may be necessary to remove the difficulty.

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ACT NO. XLIV OF 2023

ELECTIONS (SECOND AMENDMENT) ACT, 2023

An Act further to amend the Elections Act, 2017

 [Gazette of Pakistan, Extraordinary, Part-I, 7th August, 2023]

No. F. 22(58)/2020-Legis., dated 5.8.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 4th August, 2023, is hereby published for general information:–

WHEREAS it is expedient further to amend the Elections Act, 2017 (XXXIII of 2017), for the purposes hereinafter appearing;

It is hereby enacted as follows:–

  1. Short title and commencement.–(1) This Act shall be called the Elections (Second Amendment) Act, 2023.

(2) It shall come into force at once.

  1. Amendment of Section 2, Act XXXIII of 2017.–In the Elections Act, 2017 (XXXIII of 2017), hereinafter called as the said Act, in Section 2,–

(i)       after clause (i), the following new clause (ia) shall be inserted, namely:–

“(ia)    “accredited” means authorized by the Commission;”;

(ii)      in clause (v), after the word “Member”, the expression “, his spouse and dependent children” shall be inserted;

(iii)     in clause (xxxix), in sub-clause (b), after the words “years of “, the words “post-qualification” shall be inserted;

(iv)     in clause (xli), in sub-clause (b),–

(a)      in paragraph (I), after the semi colon, occurring at the end, the word “and” shall be added; and

(b)      in paragraph (II), for the semi colon and the word “and”, a full stop shall be substituted and thereafter sub-paragraph (III) shall be omitted.”.

  1. Amendment in Section 12, Act XXXIII of 2017.–In the said Act, in Section 12, in clause (c), after the word “women”, the expression, “non-Muslims, disabled person and transgender” shall be inserted.
  2. Amendment of Section 13, Act XXXIII of 2017.–In the said Act, in Section 13,–

(i)       for sub-sections (2) and (3), the following shall be substituted, namely:–

“(2)     The Presiding Officer shall immediately take snapshot of the result of the count and, as soon as connectivity is available and it is practicable, send it electronically or through other appropriate technologies to the Commission and the Returning Officer before sending the original documents under Section 90:

Provided that in case connectivity is not available and it is not practicable to send the results electronically or through other appropriate technologies, the Presiding Officer shall immediately proceed physically with the results to the Returning Officer as provided in sub-section (18) of Section 90.

(3)      The Returning Officer shall compile the complete provisional results as early as possible and shall communicate these results electronically to the Commission:

Provided that if, for any reason, the results are incomplete by 02:00 a.m. on the day immediately following the polling day, the Returning Officer shall communicate to the Commission provisional results as consolidated till that time along with reasons for the delay, in writing, while listing the polling stations from which results are awaited and thereafter shall send the complete provisional results as soon as compiled but not later than 10:00 a.m.”; and

(ii)      in sub-section (6), after the word “website”, the words “as early as possible” shall be inserted.

  1. Amendment of Section 15, Act XXXIII of 2017.–In the said Act, in Section 15,–

(i)       in sub-section (1), for the word “fifteen”, the word “seven” shall be substituted; and

(ii)      in sub-section (3), for the full stop at the end, a colon shall be substituted and thereafter the following proviso shall be added, namely:–

“Provided that the Commission shall, before the day of polling, make every effort to decide a complaint received prior to that day.

  1. Amendment of Section 18, Act XXXIII of 2017.–In the said Act, in Section 18, in sub-section (1), the expression “and the Federally Administered Tribal Areas” shall be omitted.
  2. Amendment of Section 19, Act XXXIII of 2017.–In the said Act, in Section 19, in sub-section (1), for clause (b), the following shall be substituted, namely:–

“(b)     Islamabad Capital Territory into as many separate territorial constituencies as the number of general seats allocated thereto in Article 51.”.

  1. Amendment of Section 20, Act XXXIII of 2017.–In the said Act, in Section 20,–

(i)       sub-section (2) shall be omitted; and

(ii)      in sub-section (3), for the full stop at the end, a colon shall be substituted and thereafter the following proviso shall be added, namely:–

“Provided that for this purpose, it shall not be necessary to strictly adhere to the existing district boundaries in exceptional cases.”.

  1. Amendment of Section 55, Act XXXIII of 2017.–In the said Act, in Section 55,–

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

“(4) The Commission may appoint Enquiry Officers or Enquiry Committee to initiate and finalize proceedings under the efficiency and discipline rules applicable to the election officials concerned against whom action has been taken by the Commission under sub-section (3) or other provisions of this Act or by the Returning Officer under sub-section (6) of Section 54.”; and

(ii)      after sub-section (8), the following new sub-section (9) shall be added, namely:–

“(9)     Apart from disciplinary proceedings, the Commission may also initiate criminal proceedings under Section 188 read with Section 184 against the concerned election officials, public servants or other persons in service of Pakistan mentioned in sub-section (3).

  1. Amendment of Section 57, Act XXXIII of 2017.–In the said Act, in Section 57, in sub-section (3), the expression “, within three days after the publication of a notification under sub-section (2),” shall be omitted.”.
  2. Amendment of Section 59, Act XXXIII of 2017.–In the said Act, in Section 59,–

(i)       for sub-section (5), the following shall be substituted, namely:–

“(5)     Objections and suggestions may be filed with the District Returning Officer–

(a)      by a candidate, with regard to any polling station in his constituency; and

(b)      by a voter, with regard only to the polling station to which he has been assigned.”;

(ii)      in sub-section (8), after the word “Commission”, the words “not later than five days before polling and a copy of such change shall be transmitted to the candidates immediately without loss of any time” shall be inserted; and

(iii)     in sub-section (11), after the word “candidate”, the words “or a political party” shall be inserted.

  1. Amendment of Section 60, Act XXXIII of 2017.–In the said Act, in Section 60, in sub-section (2), for clause (b), the following shall be substituted, namely:–

“(b)     a declaration that before the date fixed for scrutiny of nomination papers he will open an exclusive account, or dedicate an existing account, with a scheduled bank for the purpose of election expenses, and has attached statement of the said bank account with the nomination paper, starting with entries of seven days prior to the election schedule;”.

  1. Amendment of Section 61, Act XXXIII of 2017.–In the said Act, in Section 61, for sub-section (3), the following shall be substituted and thereafter sub-sections (4) and (5) shall be omitted, namely:–

“(3) The sum deposited shall be non-refundable.”.

  1. Amendment of Section 68, Act XXXIII of 2017.–In the said Act, in Section 68, after sub-section (2), the following new sub-section (3) shall be added, namely:–

“(3)     The Returning Officer shall send a copy of the list of contesting candidates with their respective symbols to the Commission which shall upload it for display on its website.”.

  1. Amendment of Section 76, Act XXXIII of 2017.–In the said Act, in Section 76, for sub-section (1), the following shall be substituted, namely:–

“(1)     A candidate may appoint three voters in the constituency as his election agents and shall send to the Returning Officer a notice in writing of the appointment containing the names, fathers’ names and addresses of the election agents. However, at the time of consolidation of results, only one agent shall be present as authorized by a candidate.”.

  1. Amendment of Section 79, Act XXXIII of 2017.–In the said Act, in Section 79, after sub-section (2), the following new sub-section (2A) shall be inserted, namely:–

“(2A)  On the day of polling, the Presiding Officer shall post outside the polling station list showing numbers of the voters assigned to each polling booth.”.

  1. Amendment of Section 83, Act XXXIII of 2017.–In the said Act, in Section 83, in sub-section (4), for the full stop at the end, a colon shall be substituted and thereafter the following proviso shall be added, namely:–

“Provided that officials of the law enforcement agencies shall be posted for security duties outside the polling station but in an emergency may be called inside by the Presiding Officer to restore order and peaceful polling.”.

  1. Amendment of Section 86, Act XXXIII of 2017.–In the said Act, in Section 86, in sub-section (1), after the word “candidate”, the expression “, his election agent” shall be inserted.”.
  2. Amendment of Section 90, Act XXXIII of 2017.–In the said Act, in Section 90, for sub-section (18), the following shall be substituted, namely:–

“(18)   Immediately after the close of proceedings under this section, the Presiding Officer shall, in compliance with such instructions as may be given by the Commission in this behalf, personally deliver without delay the result of the count and the ballot paper account prepared by him to the Returning Officer and to such other officer as may be authorized by the Commission, together with such other records as the Commission may direct:

Provided that if the Returning Officer is of the view that delivery has been inexcusably delayed, he shall refer the defaulting Presiding Officer to the Commission for initiation of disciplinary proceedings under Section 54 and pending final decision in these proceedings, remuneration due to the Presiding Officer in connection with the election shall be withheld.”.

  1. Amendment of Section 93, Act XXXIII of 2017.–In the said Act, in Section 93,–

(i)       in sub-section (2), in clause (a), for the expression, “ and clause (c)”, the expression “, clause (c) and clause (d)” shall be substituted;

(ii)      in sub-section (3), for full stop at the end, a colon shall be substituted and thereafter the following proviso shall be added, namely:–

“Provided that the date of receipt of the application shall be entered thereon by the Returning Officer and application received after the date mentioned in sub-section (2) shall not be entertained.”;

(iii)     after sub-section (3), amended as aforesaid, the following new sub-section (3A) shall be inserted, namely:–

“(3A) After sending ballot papers to all the entitled applicants, the Returning Officer shall place all the counterfoils of the said ballot papers in one or more packets and sign and seal the same, noting on each packet the number contained therein.”; and

(iv)     in sub-section (4), for the words “consolidation of results by him”, the words “polling day” shall be sub-stituted.”.

“21. Amendment of Section 95, Act XXXIII of 2017.–In the said Act, in Section 95,–

(i)       in sub-section (1), for the full stop at the end, a colon shall be substituted and thereafter the following proviso shall be added, namely:–

“Provided that presence of not more than one agent of each candidate shall be allowed.”;

(ii)      for sub-section (5), the following shall be substituted, namely:–

“(5)     Before commencement of the proceedings, the Returning Officer shall recount the ballot papers of one or more polling stations if a request or challenge in writing is made to that effect by a contesting candidate or his election agent and–

(a)      the margin of victory between returned and runner up candidates is less than five percent of the total votes polled in the constituency or eight thousand votes in case of National Assembly constituency and four thousand votes in case of a Provincial Assembly constituency, as the case may be, whichever is less; or

(b)      the number of votes excluded from the count by the Presiding Officer are equal to or more than the margin of victory:

Provided that the Returning Officer shall recount only once.”;

(iii)     in sub-section (6), after the word “proceedings”, the words “and after notice to the contesting candidates” shall be inserted;

(iv)     in sub-section (7), in the proviso, for the expression “within five days after the polling day.”, the following shall be substituted, namely:–

“within–

(a)      seven days after the polling day in the case of elections to the National Assembly; and

(b)      five days after the polling day in the case of elections to a Provincial Assembly.”; and

(v)      in sub-section (9), after the word “agents”, the words “and accredited observers” shall be inserted.

  1. Amendment of Section 96, Act XXXIII of 2017.–In the said Act, for Section 96, the following shall be substituted, namely:–

“96. Resealing of packets and supply of copies.–The Returning Officer shall immediately after preparing the Consolidated Statement of the Results of the Count and the Final Consolidated Result, reseal in the prescribed manner the packets and statements opened by him for the purpose of consolidation, permitting such of the candidates and their election agents as may be present to sign the packets and affix their seals to such packets.”.

  1. Amendment of Section 99, Act XXXIII of 2017.–In the said Act, in Section 99, in sub-section (1), after clause (d), the following new clause (da) shall be inserted, namely:–

“(da)   the packets containing results of the count, provisional and final consolidated statement of results of the count and final consolidated results;”.

  1. Amendment of Section 105, Act XXXIII of 2017.–In the said Act, in Section 105, for the expression “, the Islamabad Capital Territory or the Federally Administered Tribal Areas”, the words “and the Islamabad Capital Territory” shall be substituted.
  2. Amendment of Section 107, Act XXXIII of 2017.–In the said Act, in Section 107,–

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

“(1) The Commission shall, by notification in the official Gazette, call upon the Members of the Assembly of a Province or, as the case may be, the National Assembly to elect such number of Members to the Senate from that Province or the Islamabad Capital Territory, as the case may be, as is specified in the notification.”; and

(ii)      in sub-section (3), for the expression “, Islamabad Capital Territory or the Federally Administered Tribal Areas”, the expression “or the Islamabad Capital Territory” shall be substituted.

  1. Amendment of Section 108, Act XXXIII of 2017.–In the said Act, in Section 108, for the expression “, Islamabad Capital Territory or the Federally Administered Tribal Areas”, the words “or the Islamabad Capital Territory” shall be substituted.
  2. Amendment of Section 109, Act XXXIII of 2017.–In the said Act, in Section 109, for the expression “, the National Assembly or Members of the National Assembly from the Federally Administered Tribal Areas”, the words “or the National Assembly” shall be substituted.
  3. Amendment of Section 110, Act XXXIII of 2017.–In the said Act, in Section 110,–

(i)       in sub-section (1), for the expression “, Islamabad Capital Territory or the Federally Administered Tribal Areas”, the words “or the Islamabad Capital Territory” shall be substituted; and

(ii)      sub-section (2), in clause (c), after the words “exclusive account”, the words “or dedicated an existing account” shall be inserted.”.

  1. Amendment so Section 118, Act XXXIII of 2017.–Act, in Section 118, for sub-section (1), the following shall be substituted, namely:–

“(1)     Where, after scrutiny of nomination papers or withdrawal under Section 115, the number of validly nominated candidates or, as the case may be, the contesting candidates from a Province or Islamabad Capital Territory is less than or equal to the number of seats to be filled for that Province or Islamabad Capital Territory, as the case may be, the Returning Officer shall, by public notice, declare such candidates to be elected to the seats and send a return of election to the Commission.”.

  1. Amendments of Section 122, Act XXXIII of 2017.–In the said Act, in Section 122,–

(i)       in sub-section (3), for the colon, a full stop shall be substituted and thereafter the proviso shall be omitted;

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

“(4) A voter shall cast his vote in the prescribed manner.”.

  1. Amendments of Section 127, Act XXXIII of 2017.–In the said Act, in Section 127,–

(i)       in sub-section (1), for the expression “, the National Assembly or the Members of the National Assembly elected from the Federally Administered Tribal Areas”, the words “or the National Assembly” shall be substituted;

(ii)      in sub-section (2), for the expression “, the National Assembly or, by the Members of the National Assembly elected from the Federally Administered Tribal Areas”, the words “or the National Assembly” shall be substituted; and

(iii)     in sub-section (3), for the expression “, the National Assembly or by the Members of the National Assembly elected from the Federally Administered Tribal Areas”, the words “or the National Assembly” shall be substituted.

  1. Amendment of Section 130, Act XXXIII of 2017.–In the said Act, for Section 130, the following shall be substituted, namely:–

“130. Vacancy in electoral college not to invalidate election.–An election of a Member of the Senate by the Members of a Provincial Assembly or Members of the National Assembly, as the case may be, shall not be called in question on the ground merely of the existence of any vacancy in the membership of the Assembly.”.

  1. Amendment of Section 132, Act XXXIII of 2017.–In the said Act, in Section 132,–

(i)       in sub-section (1), after the word “candidate”, occurring at the end, the expression “from the date of filing of his nomination papers till the date of issue of the final consolidated result under Section 95” shall be inserted;

(ii)      in sub-section (3),–

(A)      in clause (b), for the word “four”, the word “ten” shall be substituted; and

(B)      in clause (c), for the word “two”, the word “four” shall be substituted.

  1. Amendment of Section 133, Act XXXIII of 2017.–In the said Act, in Section 133,–

(i)       in sub-section (1), after the word “exclusive”, the words “account or dedicate his existing” shall be inserted;

(ii)      in sub-section (2), after the word “opened”, the expression “or dedicated under sub-section (1)” shall be inserted; and

(iii)     in sub-section (3),–

(A)      after the word “open”, the words “or dedicate” shall be inserted; and

(B)      for full stop at the end, a colon shall be substituted and thereafter the following two provisos shall be added, namely:-

“Provided that if a candidate intends to use his existing account for the purpose, he shall submit statement of account to the Returning Officer at the time of filing of nomination papers:

Provided further that any transaction other than the election expenses shall not be made through the exclusively opened or dedicated existing account from filing of nomination papers till filing of return of election expenses.”.

  1. Amendment of Section 140, Act XXXIII of 2017.–Act, in Section 140, in sub-section (2), in clause (a), the words “or has been” shall be omitted.”
  2. Amendment of Section 144, Act XXXIII of 2017.–In the said Act, in Section 144, in sub-section (2), in clause (b), for the expression “para (b)”, the expression “clause (b) of sub-section (1)” shall be substituted.
  3. Amendment of Section 148, Act XXXIII of 2017.–In the said Act, in Section 148,–

(i)       in sub-section (1), for the expression “, shall be”, the expression “shall be,” shall be substituted;

(ii)      sub-section (3) shall be omitted;

(iii)     for sub-section (5), the following shall be substituted, namely:–

“(5)     If the parties do not consent to specific dates under sub-section (4), the Election Tribunal shall proceed with the trial of the election petition on day-to-day basis and no adjournment shall be granted to any party for more than seven days and that too on payment of one hundred thousand rupees and the election petition shall be decided within one hundred and eighty days of its filing.”; and

(iv)     in sub-section (6),–

(A)      in the rider provision, for the word “twenty”, the word “eighty” shall be substituted; and

(B)      in clause (a), for the words “of ten”, the words “ranging from ten thousand to fifty” shall be substituted.

  1. Amendment of Section 155, Act XXXIII of 2017.–In the said Act, in Section 155, after sub-section (2), the following new sub-section (3) shall be added, namely:–

“(3)     An appeal under sub-Sections (1) and (2) shall be decided within one hundred and eighty days:

Provided that an injunctive order if passed shall stand vacated automatically if the appeal is not decided by the High Court or the Supreme Court, as the case may be, within one hundred and eighty days.”.

  1. Amendment of Section 158, Act XXXIII of 2017.–In the said Act, in Section 158,–

(i)       the existing provision thereof shall be numbered as sub-section (1) of that section; and

(ii)      after sub-section (1), numbered as aforesaid, the following new sub-section shall be added, namely:–

“(2)     If the Election Tribunal finds that the failure to comply with this Act or the rules mentioned in clause (a) of sub-section (1) is due to negligence of one or more Presiding Officers or the Returning Officers and not in connivance with the returned candidate, it shall direct the Commission to initiate criminal proceedings against the negligent Presiding Officers or Returning Officers under Section 184 read with Section 188, as well as disciplinary proceedings against them under Section 55 and pending final decision in these proceedings, remuneration due to them in connection with the election shall be withheld.”.

  1. Amendment of Section 167, Act XXXIII of 2017.–In the said Act, in Section 167, in clause (b), after the word “tribe”, the words “or is of a particular gender or is a transgender person” shall be inserted.
  2. Amendment of Section 170, Act XXXIII of 2017.–In the said Act, in Section 170, in clause (a), for sub-clause(vii), the following shall be substituted, namely:–

“(vii)   prevents any woman or a transgender person from contesting an election or exercising the right to vote.”.

  1. Amendment of Section 171, Act XXXIII of 2017.–In the said Act, in Section 171, in clause (a),–

(i)       for the words “polling authorities”, the words “election officials” shall be substituted; and

(ii)      for the word “and”, the word “or” shall be substituted.

  1. Amendment of Section 172, Act XXXIII of 2017.–In the said Act, in Section 172, in sub-section (2), after the word “both”, the expression “in addition to such penalty as may be imposed as a result of disciplinary action initiated by the Commission under Section 55” shall be inserted.
  2. Amendment of Section 184, Act XXXIII of 2017.–In the said Act, in Section 184, clause (a) shall be omitted.
  3. Insertion of Section 190-A, Act XXXIII of 2017.–In the said Act, after Section 190, the following new Section 190-A shall be inserted, namely:–

“190A. Certain offences cognizable.–Notwithstanding anything contained in the Code, offences punishable under Sections 174, 176, 177 and 179 shall be cognizable.”.

  1. Amendment of Section 203, Act XXXIII of 2017.–In the said Act, in Section 203, in sub-section (4), after the word “women”, the words “and persons with disabilities and transgender persons” shall be inserted.
  2. Amendment of Section 208, Act XXXIII of 2017.–In the said Act, in Section 208, after sub-section (4), the following new sub-section shall be added, namely:–

“(5)     Where a political party fails to conduct intra-party elections as per given time frame in their constitution, a show cause notice shall be issued to such political party and if the party fails to comply with, then the Commission shall impose fine which may extend to two hundred thousand rupees but shall not be less than one hundred thousand rupees.”.

  1. Amendment of Section 211, Act XXXIII of 2017.–In the said Act, in Section 211,–

(i)       in sub-section (1), for the words “one hundred thousand”, the words “one million” shall be substituted; and

(ii)      in sub-section (2), after the word “election”, occurring at the end, the expression “, bye-election and Senate election.” shall be inserted.

  1. Amendment of Section 219, Act XXXIII of 2017.–In the said Act, in Section 219,–

(i)       in sub-section (1), for the expression “,Islamabad Capital Territory or Federally Administrated Tribal Areas”, the words “or Islamabad Capital Territory” shall be substituted.

(ii)      in sub-section (2), for the expression “,Islamabad Capital Territory or Federally Administrated Tribal Areas”, the words “or Islamabad Capital Territory” shall be substituted.

(iii)     in sub-section (3), the expression “,Federally Administrated Tribal Areas” shall be omitted; and

(iv)     in sub-section (4), for the expression “, Islamabad Capital Territory or Federally Administrated Tribal Areas”, the words “or Islamabad Capital Territory” shall be substituted.

  1. Amendment of Section 230, Act XXXIII of 2017.–In the said Act, in Section 230, in sub-section (2), for full stop at the end, a colon shall be substituted and thereafter the following proviso shall be added, namely:–

“Provided that sub-Sections (1) and (2) shall not apply where the caretaker Government has to take actions or decisions regarding existing bilateral or multilateral agreements or the projects already initiated under the Public Private Partnership Authority Act, 2017 (VIII of 2017), the Inter-Governmental Commercial Transactions Act, 2022 (XXX of 2022) and the Privatization Commission Ordinance, 2000 (LII of 2000).”.

  1. Amendment of Section 231, Act XXXIII of 2017.–In the said Act, in Section 231, for full stop at the end, a colon shall be substituted and the following two provisos shall be added, namely:–

“Provided that nomination on honorary basis or being a member of any board of any statutory body or any entity that is owned or controlled by the Government or in which the Government has a controlling share or interest or authority, by whatsoever name called, shall not be a disqualification from being a candidate of the Majlis-e-Shoora (Parliament), a Provincial Assembly or a local government, as the case may be, under Articles 62 and 63, the State-Owned Enterprises (Governance and Operation) Act, 2023 (VII of 2023), the Companies Act, 2017 (XIX of 2017) or any other applicable law or rules made thereunder:

Provided further that payment of remuneration for any business including meeting fee and other perquisites on honorary basis to him being a member shall not tantamount to disqualification from being a candidate.”.

 

  1. Amendment of Section 233, Act XXXIII of 2017.–In the said Act, in Section 233, in sub-section (4) after the word “website”, the expression “and no change shall be made except in the manner provided in sub-section (1)”, shall be inserted.
  2. Amendment in Form A, Act XXXIII of 2017.–In the said Act, in Form A, under the heading “Declaration and Oath by the person nominated”, for clause 3, the following shall be substituted, namely:–

“I, the above-mentioned candidate, declare that I have opened an exclusive Account No. ___________ with _______ (Name and Branch of Scheduled Bank).

OR

I will use my existing Account No. _________ with ______ (Name and Branch of Scheduled Bank for the purpose of Election expenses) (Please enclose statement of the Bank Account).”.

  1. Amendment in Form C, Act XXXIII of 2017.–In the said Act, in Form C, under the heading “RETURN OF ELECTION EXPENSES”, after the item “Address of the candidate ________”, the following new items shall be added, namely:–

“CNIC number      ____________________________

Name of Bank and Address_____________________

Account number or IBAN .” ___________________

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ACT NO. XLVI OF 2023

PAKISTAN NURSING COUNCIL (AMENDMENT) ACT, 2023

An Act further to amend the Pakistan Nursing
Council Act, 1973

[Gazette of Pakistan, Extraordinary, Part-I, 7th August, 2023]

No. F. 24(66)/2023-Legis., dated 5.8.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 3rd August, 2023 and is hereby published for general information:–

WHEREAS it is expedient further to amend the Pakistan Nursing Council Act, 1973 (XXVI of 1973) for the purpose hereinafter appearing;

It is hereby enacted as follows:–

  1. Short title and commencement.–(1) This Act may be called the Pakistan Nursing Council (Amendment) Act, 2023.

(2) It shall come into force at once.

  1. Amendment of Section 7, Act XXVI of 1973.–In the Pakistan Nursing Council Act, 1973 (XXVI of 1973), in Section 7, in sub-section (4) for the word “twelve”, the word “four” shall be substituted, and it shall, notwithstanding anything contained in sub-section (3) of Section 1 of the Pakistan Nursing Council Act, 1973 (XXVI of 1973), always be deemed to have been so substituted on and from commencement of the Pakistan Nursing Council (Amendment) Act, 2023 (V of 2023).

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ACT NO. XLVII OF 2023

CANTONMENTS (AMENDMENT) ACT, 2023

An Act further to amend the Cantonments Act. 1924
(II of 1924)

[Gazette of Pakistan, Extraordinary, Part-I, 7th August, 2023]

No. F. 22 (33)/2022-Legis., dated 5.8.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 4th August, 2023 is hereby published for general information:–

WHEREAS it is expedient further to amend the Cantonments Act, 1924 (II of 1924) in the manner and for the purposes hereinafter appearing;

It is hereby enacted as follows:-

  1. Short title and commencement.–(1) This Act shall be called the Cantonments (Amendment) Act, 2023.

(2) It shall come into force at once.

  1. Amendments in Section 2, Act II of 1924.–In the Cantonments Act, 1924 (II of 1924), hereinafter called as the said Act, in Section 2,–

(a)      the existing clause (i) shall be re-numbered as clause (ic) and before that the following new clauses shall be inserted, namely:-

“(i)      “administrative division” means the division to which business of cantonments stands allocated;

(ia)     “advertisement” includes advertisement through sign boards, hoardings, cutouts, neon-signs, pole signs, sky signs and boards, billboards, directional boards, banners, streamers, moppy signs, temporary advertisement structures and stalls, posters, one way visions, hot air balloons and blimps, moving vehicles, electronic display screens including light emitting diode (LED) and surface mounted device (SMD), etc,;

(ib)     “armed forces” means the armed forces mentioned in Article 243 of the Constitution of the Islamic Republic of Pakistan, 1973;”;

(b)      in clause (iv), after the word “hut”, the expression “,shop, base transceiver station (BTS) towers” shall be inserted;

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

“(viia) “classification”, “re-classification” or “sub-classification” means the classification, re-classification or sub­classification of the military lands and of the lands vested in or entrusted to a Board in the prescribed manner;”;

(d)      in clause (x), after the words “sale of milk”, occurring at the end, the expression “but does not include a shop from which milk is supplied only in the properly closed and unopened vessel in which it is delivered to the shop or other place in which milk is sold for consumption on premises only” shall be inserted:

(e)      for clause (xiii), the following shall be substituted, namely:-

“(xiii)  “executive officer”, “additional executive officer” or “deputy executive officer” means the cantonment executive officer, additional cantonment executive officer or deputy cantonment executive officer appointed under this Act in the prescribed manner and include such other officers as may be prescribed;”;

(f)       after clause (xiii), substituted as aforesaid, the following new clauses shall be inserted, namely:-

“(xiiia) “fee” means a fee of any kind and description as may be determined and charged by a Board in the prescribed manner and includes a charge as may be determined in the like manner;”;

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

“(xiva) “garrison area” means one of the brigade areas, whether occupied by a division or not, into which Pakistan is for purposes of armed forces for the time being divided and includes for all purposes of this Act any area which the Federal Government may, by notification in the official Gazette, declare to be a garrison area for such purposes;”;

(h)      clause (xixa) shall be re-numbered as clause (xixd) and before that, the following new clauses shall be inserted, namely:–

(xixa)  “land use” means the human use of land to represent economic and cultural activities and includes residential, commercial, industrial, mining, recreational uses and such other uses that are practiced at a given place;

(xixb)  “land use plan” means a plan drawn up and approved by the Board which provides for the actual land use and proposed land use both in the planned areas and non­ planned areas within the local limits of the cantonment;

(xixc)  “lay out plan” means a plan of the entire site showing location of plots, building blocks, roads, open spaces, entry, exit, parking, landscaping, etc. indicating the activity for all land parcels;”;

(i)       for clause (xx), the following shall be substituted, namely:–

“(xx)   “market” includes the place of commercial activity where goods or services are traded;”;

(j)       after clause (xxa), the following new clause shall be inserted. namely:–

“(xxa) “military lands” means the lands vested in the Federal Government which are classified, re-classified or sub­ classified as such and includes lands acquired, purchased or allocated for the purposes of armed forces and all other connected purposes and entrusted to or placed under the management and control of armed forces or any other authority or department for the said purposes anywhere in Pakistan under the rules or regulations made under this Act or any other law for the time being in force and does not include lands requisitioned under any law;”;

(k)      in clause (xxi), in sub-clauses (a) and (b), after the expression “1952 (XXXIX of 1952)”, wherever occurring, the expression “the Pakistan Navy Ordinance, 1961 (XXXV of 1961)”shall be inserted;

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

“(xxviib) “prescribed” means prescribed by rules, regulations or bye-laws made under this Act;”; and

(m)     after clause (xxxiia), the following new clauses shall be inserted, namely:-

“(xxxiib) “regulations” means the regulations made under this Act;

(xxxiic) “right of way” means the right belonging to any person or public authority to pass over land or property of other person to provide services. It also includes underground and overhead space of such land or property;

(xxxiid) “rules” means the rules made under this Act:

(xxxiie) “scheme” includes a residential, industrial, commercial or mixed-use scheme or any other scheme:”.

  1. Amendments in Section 3, Act II of 1924.–In the said Act, in Section 3, for the words “the regular forces or the regular air force”, the words “armed forces” shall be substituted.
  2. Insertion of new Section 8A, Act II of 1924.–In the said Act, after Section 8, the following new section shall be inserted, namely:–

“8A.  Management of property or land.–Subject to the provisions of this Act, the management and other matters relating to the military lands and properties thereof and the lands and properties of a Board shall be carried out in accordance with the provisions of this Act and the applicable rules, regulations and bye-laws made thereunder:

Provided that all such activities already undertaken if not in consistent with the provisions of this Act shall always be deemed to have been validly done under this Act.”.

  1. Insertion of new chapter, Act II of 1924.–In the said Act, after Chapter II and corresponding provisions thereunder, the following new chapter and corresponding provisions relating thereto shall be inserted, namely:–

“Chapter IIA

Administration of military lands and cantonments

9A. Directorate of military lands and cantonments.–(1) For the purpose of monitoring and to oversee the military lands and cantonments. the directorate of military lands and cantonments, established by the Federal Government, shall stand established under this Act.

(2) The headquarters of the directorate of military lands and cantonments shall be at Rawalpindi or at Islamabad as it may determine and it may establish its regional offices in the prescribed manner.

(3) The directorate of military lands and cantonments shall be headed by a director general who shall be appointed in accordance with the rules as may be prescribed under the Civil Servants Act, 1973 (LXXI of I 973) from amongst serving major generals of Pakistan Army on secondment for a term of two years extendable for another term or terms on recommendation of the competent authority,

(4) In addition to the director general appointed under sub-section (3), the directorate of military lands and cantonments shall consist of so many additional directors general, directors, additional directors, deputy directors general, assistant directors general and such other officers and staff members as may be appointed by such officers or authorities, in such manner and on such terms and conditions as may be prescribed in accordance with the Civil Servants Act, 1973 (LXXI of 1973) and the Federal Public Service Commission Ordinance, 1977 (XLV of 1977).

(5) The director general and other officers and staff members appointed under this section shall exercise such powers and perform such functions as may be prescribed and as may be assigned to them by the secretary of the administrative division.”.

  1. Omission of Sections 15 to 151, 18 and 19, Act II of 1924.–In the said Act, Sections 15 to 151, 18 and 19 shall be omitted.
  2. Insertion at Section 19A to 19U, Act II of 1924.–In the said Act, after omission of Section 19, the following new Sections shall be inserted, namely:–

“19-A. Local Area.–For the purpose of this Act, local area shall be the whole of cantonment.

19-B. Delimitation of cantonment into wards.–(1) The Elect on Commission shall delimit a cantonment into wards in such a way that the number of wards is equal to the number of members to be elected on general seats of a Board specified under Section 13A.

(2) For the purposes of delimitation of wards of a cantonment,–

(a)      a ward shall consist of a village or revenue estate or census block or adjoining census blocks as determined for purposes of the last preceding census or delimited and notified as such by the Election Commission;

(b)      the boundaries of a ward shall not cross the limits of the cantonment; and

(c)      the population of wards within a cantonment shall, as far as possible, be uniform.

(3) The wards of a cantonment shall be delimited in accordance with this Act and the rules made thereunder. As far as possible, principle of delimitation as laid down under the Elections Act, 2017 (XXXIII of 2017) or any other law for the time being in force shall be followed.

19-C. Election on the basis of adult franchise.–The election of members to be elected on general seats of a Board shall be held on the basis of single member constituency and adult franchise through secret ballot.

19-D. Authority for local government election.–(1) An election to a Board under this Act shall be conducted by the Election Commission in accordance with the rules made under this Act and such rules may provide for all matters connected therewith or incidental thereto, including the time of holding the elections, by-elections, corrupt or illegal practices and other election offences and the submission, trial and disposal of election petitions.

(2) The Election Commission shall on receipt of a request in writing from the Federal Government issue a program for the conduct of elections in the Boards and shall fix the dates for filing of nomination papers, scrutiny, allotment of symbols and poll, etc.

19-E. Indirect elections.–(1) Election to the seats reserved for women, peasants, youth, workers and Non-Muslims shall immediately be held after the notification of the names of returned candidates on general seats.

(2) The members against seats reserved for women, peasants, youth, workers and Non-Muslims shall be elected through secret ballot by the directly elected members under Section 19C.

(3) The elected members of a Board shall, amongst themselves, elect through secret ballot a vice-president of that Board.

19-F. Qualifications for candidates and elected members.–(1) A person shall qualify to be elected or to be chosen or to hold an elective office or membership of the Board, if he–

(a)      is a citizen of Pakistan;

(b)      is at least twenty-five years of age;

(c)      is enrolled as a voter in the electoral roll of the relevant ward and, in case for reserved seats, in any electoral area for that Board;

(d)      has not been by a competent Court declared to be of unsound mind;

(e)      is not in the service of the Federal Government, a Provincial Government or a local government or any statutory body or a body which is controlled by any such Government or in which any of such. Governments has a controlling share or interest, except the holders of elected public office and part-time officials remunerated either by salary or fee:

Provided that the disqualification under this clause shall not apply to a person who has resigned or retired from such service and a period of not less than six months has elapsed since his retirement;

(f)       has not been dismissed, removed or compulsorily retired from public service on grounds of moral turpitude;

(g)      does not possess assets which are inconsistent with his declaration of assets or justifiable means, whether held in his own name or of his dependents or any other person or corporate body in whose name assets are held in trust or under any other formal or informal arrangement whereby the de facto control of such assets including their sale. transfer or pecuniary interest, is retained by him;

(h)      has not been ‘adjudged a willful-defaulter of any tax or other financial dues owed to the Federal Government, a Provincial Government, or a local government or any financial institution, including utility bills outstanding for six months or more;

(i)       has not been sentenced to imprisonment for a term of two years or more and in case of imprisonment for a term of two years or more, a period of five years has elapsed since his release;

(j)       has not failed to file the required return of election expenses or is not convicted for exceeding the limits of elections, expenses prescribed under the electoral laws;

(k)      has not been by any Court declared an undischarged insolvent;

or his application in this regard is not pending adjudication;

(l)       does not engage in any transaction involving pecuniary interest with the Board of which he is a member;

(m)     does not absent himself without reasonable cause from three consecutive meetings of the Board of which he is a member:

Provided that a member shall not be disqualified if the absence was necessitated by a national emergency or force majeure;

(n)      has not been and is not involved in activities prejudicial to the ideology, interest, security, unity, solidarity, peace and integrity of Pakistan and its people and the good order and harmony of society; and

(o)      takes oath within the specified period.

(2) Whoever–

(a)      is found by the Election Commission to have contravened the provisions of sub-section (1) shall stand disqualified from being a candidate for election to a Board for a period of five years; or

(b)      having been elected as a member of the Board or being a holder of an elective office of a Board is found by the Election Commission to have contravened the provisions of sub­ section (1) shall cease forthwith-to be an elected member or to hold the office of such member and also shall stand disqualified from being a candidate for election to a Board for a period of five years.

19-G. Electoral rolls.–(1) The Election Commission shall prepare electoral rolls in accordance with the provisions of the Elections Act, 2017 (XXXIII of 2017) and rules made thereunder for the purposes of election to a Board on general seats.

(2) The Election Commission may issue directions to adjust the electoral rolls or cause to prepare an electoral roll for any area forming part of a Board.

(3) The electoral rolls shall not be rendered invalid by reason of any erroneous description contained therein of any person listed or of an omission of the name of any person entitled to be enrolled as a voter or of inclusion of the name of any person not so entitled.

19-H. Election to vacant seats.–(1) If a seat of a member becomes vacant during the term of office of a Board, a new member shall be elected through bye-elections and the member elected in bye­ elections shall hold office for the remaining portion of the term of the Board.

(2) If any seat reserved for a member under Section 19E through indirect election becomes vacant it shall be filled through bye­ elections in the same manner applicable to the indirect election and the member so elected shall hold office for the residual period of the term of the member whose seat has become vacant.

(3) A vacancy of vice-president shall be filled through bye-election within sixty days of the occurrence of vacancy.

(4) When the office of vice-president falls vacant, the elected members of a Board shall, by a majority vote, elect an officiating vice-president from amongst the elected members of the Board.

19-I. Term of office.–(1) Subject to the provisions of this Act, a member of a Board shall hold office for a term of four years from the date of oath.

(2) On expiry of term of a Board, the Federal Government shall, by notification in the official Gazette, appoint till the holding of the elections a caretaker Board comprising officer commanding the station and two nominated members, one civil and one officer of armed forces, as may be nominated by officer commanding the station.

19-J. Declaration of property.–Every elected member shall, before entering upon office submit to an officer authorized by the Federal Government in this behalf, and in such manner as the Federal Government may direct, a declaration in writing of properties, both movable and immovable, whether within or outside Pakistan, which he or any member of his family owns, or has in his possession or under his control, or in which he or any member of his family has any beneficial interest.

Explanation.–For the purposes of this section, the expression “member of his family” in relation to a person, includes–

(a)      the spouse of such person, and

(b)      such of the children, parents, brothers and sisters as reside with and are wholly dependent upon such person.

19-K. Oath of office.–The vice-president and members shall. before entering upon their respective offices, make oath as may be prescribed.

19-L. Removal.–(1) Where proceedings of disqualification under sub­ section (2) of Section 19F have been initiated on an application made by any person or by the President on his own motion against a member or the vice-president, the President may issue to a member or, as the case may be, the vice-president a notice to show cause within a specified period as to why proceedings against him may not be taken for his removal for breach of any of the provisions of Section 19F.

(2) Where the President is not satisfied with the reply to the notice to show cause referred to in sub-section (1) or any reply to the said notice is not submitted within the period fixed by him, he may order for an inquiry into the matter and for that purpose appoint an inquiry officer.

(3) On the basis of inquiry held under sub-section (2), the President shall submit through the administrative division the inquiry report along with his comments to the Election Commission for final decision:

Provided that no order of removal of a member or the vice-president against whom inquiry proceedings are carried out shall be passed without providing him the opportunity of being heard.

19-M. Resignation of member.–(1) A nominated or elected member who wishes to resign his office may submit his resignation in writing to the President of the Beard where upon the resignation shall be deemed, to have been accepted and effective forthwith.

(2) Copies of all resignations under sub-section (1) shall be forwarded by the President to the Election Commission and the administrative division for nomination or, as the case may be, election of another member in his place.

(3) Notwithstanding the resignation of a member under sub-section ( l), the proceedings for his removal, if any, under Section 19L, already initiated shall not abate.

19-N. Ineligibility for re-election.–Where a member or vice-president has been removed, recalled or disqualified, he shall not be eligible for re-election to any office of Board for a period of five years.

19-O. Notification to be issued.–The Election Commission shall notify every election, bye-election and result of such election and resignation, removal or recall of a member or vice-president, as the case may be.

19-P. Offences.–(1) A person guilty of bribery, personating or undue influence shall be punishable for an offence of corrupt practice with imprisonment for a term which may extend to three years, or with fine which may extend to fifteen thousand rupees. or with both.

(2) A person is guilty of bribery, if he, directly or indirectly, by himself or by another person on his behalf,–

(a)      receives, agrees or contracts for any gratification for voting or refraining from voting or for being or refraining from being a candidate at, or withdrawing or retiring from an election; or

(b)      gives, offers or promises any gratification to any person for the purpose of inducing–

(i)       a person to be or to refrain from being a candidate at an election;

(ii)      a voter to vote or refrain from voting at any election;

(iii)     a candidate to withdraw or retire from an election;

(iv)     for rewarding a person for having been or for having refrained from being a candidate at an election;

(v)      for rewarding a voter for having voted or refrained from voting at an election; or

(vi)     for rewarding a candidate for having withdrawn on retired from an election.

Explanation.–In this section, ‘gratification’ includes a gratification in money or estimable in money and all forms of entertainment or employment for reward.

(3) A person is guilty of personating, if he votes or applies for a ballot paper for voting as some other person whether that other person is living or dead or fictitious.

(4) A person is guilty of undue influences, if he,–

(a)      in order to compel any person to vote, refrain from voting or to induce or compel any person to withdraw his candidature at any election, directly or indirectly, by himself or by any other person on his behalf,–

(i)       makes or threatens to make use of any force violence or restraint;

(ii)      inflicts or threatens to inflict any injury, damage, harm or loss:

(iii)     uses any official influence or governmental patronage; or

(b)      on account of any person having voted or refrained from voting, or having withdrawn his candidature, does any of the acts specified in clause (a); or

(c)      by abduction, duress or any fraudulent device or contrivances,–

(i)       impedes or prevents the free exercise of the franchise by a voter; or

(ii)      compels, induces or prevails upon any voter to refrain from voting or compels any voter to vote.

(5) A person is guilty of illegal practice punishable with fine which may extend to one hundred thousand rupees, if he–

(a)      obtains or procures, or attempts to obtain or procure, the assistance of any officer or official of the Federal Government, a Provincial Government or a local government or authority to further or hinder the election of a candidate;

(b)      votes or applies for a ballot paper for voting at an election knowing that he is not qualified, for voting or is disqualified from voting;

(c)      votes or applies for a ballot paper for voting more than once at any polling station;

(d)      removes a ballot paper or a ballot box from a polling station or destroys, damages. tampers with the ballot box used at a polling station;

(e)      knowingly induces or procures any person, to do any of the aforesaid acts; or

(f)       fails to provide statement of election expenses as required under this Act;

(g)      makes or publishes a false statement–

(i)       concerning the personal character of a candidate or his relation calculated to adversely affect the election of such candidate or, for the purpose of promoting or procuring the election of another candidate, unless he proves that he had reasonable ground for believing, and did believe, the statement to be true;

(ii)      relating to the symbol of a candidate whether or not such symbol has been allocated to such candidate;

(iii)     regarding the withdrawal of a candidate;

(h)      knowingly, in order to support or oppose a candidate, lets, tends, employs, hires, borrows or uses any vehicle or vessel for the purpose of conveying voters to or from the polling station, except when a person conveys himself or any member of the household to which he belongs, to or from the polling station; or

(i)       causes or attempts to cause any person present or waiting to vote at the polling station to depart without voting.

(6) A person is guilty of an offence punishable with fine which may extend to one hundred thousand rupees, if he, on the polling day in connection with the election-

(a)      convene, calls or organizes within a ward any meeting; or

(b)      within a radius of two hundred meters of the polling station–

(i)       canvasses for votes;

(ii)      solicits vote of any voter;

(iii)     persuades any voter not to vote at the election or for a particular candidate; or

(iv)     exhibits, except with the permission of the Returning Officer and at a place reserved for the candidate or his polling agent beyond the radius of one hundred meters of the polling station, any notice, sign, banner or flag designed to encourage the voter to vote, or discourage the voters from voting, for any contesting candidate.

(7) A person is guilty of an offence punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred thousand rupees, or with both, if he–

(a)      uses, in such manner as to be audible within the polling station any gramophone, megaphone, loudspeaker or other apparatus for reproducing or amplifying sounds;

(b)      persistently shouts in such manner as to be audible within the polling station; or

(c)      does any act which–

(i)       disturbs or causes annoyance to any voter visiting a polling station for the purpose of voting;

(ii)      interferes with the performance of the duty of the presiding officer, polling officer or any other person performing any duty at a polling station; or

(iii)     abets the doing of any of the aforesaid acts.

(8) A person is guilty of an offence punishable with imprisonment for a term which may extend to six months or with fine which may extend to two hundred thousand rupees, or with both, if he–

(a)      fraudulently defaces or destroys any nomination paper or ballot paper;

(b)      fraudulently takes out of the polling station any ballot paper or puts into any ballot box any ballot paper other than the ballot paper he is authorized under the rules to put in;

(c)      without due authority–

(i)       supplies any ballot paper to any person;

(ii)      destroys, takes, opens or otherwise interferes with any ballot box or packet or ballot paper in use for the purpose of election; or

(iii)     breaks any seal affixed in accordance with the provisions of the rules; or

(d)      causes any delay or interruption in the beginning, conduct or the completion of the procedure required to be immediately carried out on the close of the poll; or

(e)      fraudulently or without due authority attempts to do any of aforesaid acts.

(9) A person is guilty of an offence punishable with imprisonment which may extend to six months, or with fine which may extend to three hundred thousand rupees, or with both, if he–

(a)      interferes or attempts to interfere with a voter when he records his vote:

(b)      in any manner obtains or attempts to obtain, in a polling station information as to the candidate for whom a voter in that station is about to vote or has voted, or

(c)      communicates at any time any information obtained in a polling station as to the candidate for whom a voter in that station is about to vote or has voted.

(10) Any candidate or polling agent attending a polling station, or any person attending the counting of votes, is guilty of an offence punishable with imprisonment which may extend to six months, or with fine which may extend to three hundred thousand rupees, or with both, if he–

(a)      fails to maintain or aid in maintaining the secrecy of voting; or

(b)      communicates any information obtained at the counting of votes as to the candidate for whom any vote is given by any particular ballot paper.

(11) A presiding officer, polling officer or any officer or clerk performing a duty in connection with an election, or any member of a police force, is guilty of an offence punishable with imprisonment for a term which may extend to six months, or with fine which may extend to three hundred thousand rupees, or with both, if he, during the conduct or management of an election or maintenance of order at the polling station–

(a)      persuades any person to give his vote;

(b)      dissuades any person to give his vote;

(c)      influences in any manner the voting of any person;

(d)      does any other act calculated to further or hinder the election of a candidate;

(e)      fails to maintain or aid in maintaining the secrecy of voting;

(f)       communicates, except for any purpose authorized by any law, to any person before the poll is closed any information as to the name or number on the electoral roll of any voter who has or has not applied for a ballot paper, or has or has not voted at a polling station; or

(g)      communicates any information obtained at the counting of votes as to the candidate for whom any vote is given by any particular ballot paper.

(12) A presiding officer or any other person employed by any such officer in connection with his official duties imposed by or under this Act, is guilty of an offence punishable with fine which may extend to three hundred thousand rupees, if he, without reasonable cause does or omits to do an act to breach of any official duty.

(13) A person in the service of the Federal Government, a Provincial Government, a local government, or a body owned or controlled by the Federal Government or a Provincial Government is guilty of an offence punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred thousand rupees, or with both, if he, in any manner, gives any assistance calculated to further or hinder the election of a candidate.

19-Q. Summary trial.–All offences under this Chapter, except the offences under sub-sections (2), (3) and (4) of Section 19P, shall be tried summarily under the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898).

19-R. Jurisdiction Courts barred.–No Court shall question the legality of any action taken in good faith by or under the authority of the Election Commission, the Commissioner, a returning officer, presiding officer or an assistant presiding officer or any decision given by any of them or any other officer or authority appointed under this Act or the rules made thereunder.

19-S. Power to make rules.–The Federal Government may. by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.

19-T. Removal of nominated member.–Where the officer commanding the station makes a report to the effect that any nominated member, being a civil or military officer, is unable to discharge his duties for any reason, the Federal Government may, by order in writing, relieve such member of his office.

19-U. Casual vacancy in the office of nominated member.–(1) Every casual vacancy occurring in the office of a nominated member shall forthwith be reported to the secretary of the administrative division who shall, by notification in the official Gazette, declare the occurrence of such vacancy.

(2) A casual vacancy in the office of a nominated member shall be filled for the remainder of the term of such member by nominating another person in his place in the same manner in which such member was nominated.

  1. Omission of Sections 34 and 35, Act II of 1924.–In the said Act, Sections 34 and 35 shall be omitted.
  2. Amendment of Section 41, Act II of 1924.–In the said Act, in Section 41, in sub-section (2), for the expression “the Officer Commanding the District, the Officer Commanding the brigade area, the District Magistrate”, the expression “Officer Commanding the garrison area, the Director General Director” shall be substituted.
  3. Substitution of Section 43B, Act II of 1924.–In the said Act, for Section 43B, the following shall be substituted namely:-

“43B. Local reconciliation or maqami masalihat committee.–The secretary of administrative division may constitute a local reconciliation or maqami masalihat committee in the cantonment areas on the basis of consensus for amicable resolution of disputes and for performing such other socio-economic functions as may be prescribed by rules made under this Act.”.

  1. Amendment of Section 51, Act II of 1924.–In the said Act, in Section 51,–

(a)      in sub-section (1), the expression “the reference being made, save in cases where the Officer Commanding the District is himself the Competent Authority for the purposes of this Act, through the Officer Commanding the District” shall be omitted;

(b)      in sub-section (2),–

(i)       for the words “District Magistrate”, the words “Director General” shall be substituted;

(ii)      for “prejudicial to the public health, safety or convenience” words “prejudicial to the interest of the cantonment” shall be substituted; and

(iii      for “Federal Government” words “secretary administrative division., shall be substituted; and

(c)      sub-section (3) shall be omitted.

  1. Amendment of Section 52, Act II of 1924.–In the said Act, in Section 52, in sub-section (1), in clause (a), for the words “Federal Government”, the words “secretary administrative division” shall be substituted.
  2. Amendment of Section 53, Act II of 1924.–In the said Act, in Section 53,-

(a)      in marginal heading, for the words “Federal Government”, the words “secretary administrative division” shall be substituted; and

(b)      in the rider clause, for the words “Federal Government”, wherever occurring, the words “secretary administrative division” shall be substituted.

  1. Amendment of Section 56, Act II of 1924.–In the said Act, in Section 56, after the word “hundred”, the word “thousand” shall be inserted.
  2. Amendment of Section 57, Act II of 1924.–In the said Act, in Section 57, in clause (b),–

(a)      after the word “fifty”, the word “thousand” shall be inserted; and

(b)      after the word “hundred”, the word “thousand” shall be inserted.

  1. Amendment of Section 60, Act II of 1924.–In the said Act, in Section 60, for the marginal heading and sub-section (I), the following shall be substituted, namely:–

“Power to levy taxes, etc.–(1) The Board may, with the previous sanction of the administrative division, impose in a cantonment any or all the taxes, fees, tolls or charges as specified in the Schedule VII.”.

  1. Substitution of Section 61, Act II of 1924.–In the said Act, for Section 61 following shall be substituted, namely:-

“61. Framing of preliminary proposals.–When a resolution has been passed by the Board proposing to impose a tax, fee, toll or any other charge under Section 60, the Board shall in the manner prescribed in Section 255 publish a notice specifying–

(a)      the tax, fee, toll or any other charge which it proposed to impose;

(b)      the persons or classes of persons to be made liable and the description of the property or other thing or circumstance in respect of which thy are to be made liable;

(c)      the method of assessment of the proposed tax, fee, rate, rent, toll or other charges;

(d)      the incidence at which the tax, fee, rate, rent, toll or other charge is to be levied; and

(e)      the rate at which the tax, fee, toll or any other charge is to be levied.

  1. Substitution of Section 62, Act II of 1924.–In the said Act, for Section 62, the following shall be substituted, namely:–

“62. Objections and disposal thereof.–(1) Any inhabitant of the cantonment may, within thirty days from the publication of the notice under Section 61, submit to the Board an objection in writing to all or any of the proposals contained therein.

(2)      The Board shall take all the objections into consideration and pass orders thereon by special resolution.

(3)      The Board while passing an order under sub-section (2) may–

(a)      accept all or any of the objections and modify the proposal made under Section 61 accordingly; or

(b)      reject the objections and maintain the original proposal made under Section 61.

  1. Substitution of Section 63, Act II of 1924.–In the said Act, for Section 63 the following shall be substituted, namely:–

“63. Imposition of tax, fee, toll etc.–The Board, after passing an order under sub-section (2) of Section 62, may impose the tax, fee, toll or any other charge so proposed.”.

  1. Amendment of Section 64, Act II of 1924.–In the said Act, in Section 64, in clause (a), the words “railway stations, hotels, colleges, schools, hospitals, factories and any other” shall be omitted.
  2. Amendment of Section 65, Act II of 1924.–In the said Act, in Section 65, in sub-section (1), for the words “annual value”, the words “annual rental value” shall be substituted.
  3. Amendment of Section 66, Act II of 1924.–In the said Act, in Section 66, forwards annual value”, the words “annual rental value” shall be substituted.
  4. Amendment of Section 68, Act II of 1924.–In the said Act, in Section 68, in sub-section (1), the words “or the assessment is increased” shall be omitted.
  5. Amendment of Section 71, Act II of 1924.–In the said Act, in Section 71, in sub-section (1), in clause (e), for colon at the end, a full stop shall be substituted and the proviso shall be omitted.
  6. Amendment of Section 73, Act II of 1924.–In the said Act, in Section 73 sub-section (1), for words “annual value”, the words “annual rental value” shall be substituted.
  7. Amendment of Section 74, Act II of 1924.–In the said Act, in Section 74, in sub-section (2),–

(a)      after the word “fifty”, the word “thousand” shall be inserted;

(b)      for the words ‘“ten times”, the words “‘one time shall be substituted; and

(c)      for the words ‘three months’“, the words “one year shall be substituted.

  1. Amendment of Sections 75, 76 and 77, Act II of 1924.–In the said Act, in Sections 75, 76 and 77, for words “annual value”‘, wherever occurring, the words “annual rental value” shall be substituted.
  2. Amendment of Section 79, Act II of 1924.–In the said Act, in Section 79, in sub-section (2), for the word “fifty”, the words “five thousand” shall be substituted.
  3. Amendment of Section 80, Act II of 1924.–In the said Act, in Section 80, for words “annual value” words “annual rental value” shall be substituted.
  4. Amendment of Section 82, Act II of 1924.–In the said Act, in Section 82, in sub-section (I), for the word “fifty”, the words “five thousand” shall be substituted.
  5. Amendment of Section 84, Act II of 1924.–In the said Act, in Section 84, in sub-section (I),-

(a)      for “District Magistrate or to such other officer as may be empowered by the Federal Government in this behalf’ the words “regional director” shall be substituted; and

(b)      for colon at the end. a full stop shall be substituted and the provision shall be omitted.

  1. Amendment of Section 87, Act II of 1924.–In the said Act, in Section 87, for words “annual value”‘ words “annual rental value” shall be substituted.
  2. Amendment of Section 89, Act II of 1924.–In the said Act, in Section 89, the expression “,by public notice,” shall be omitted.
  3. Insertion of new Section 89A, Act II of 1924.–In the said Act, after Section 89, amended as aforesaid the following new section shall be inserted, namely:–

“89A. Late payment surcharge.–A late payment surcharge at the rate of one per cent of the gross payable tax shall stand imposed on the first day of every month of delay if the tax payable for any year is not paid by the date fixed by the Board under Section 89.”

  1. Substitution of Section 90, Act II of 1924.–In the said Act, for Section 90, the following shall be substituted, namely:–

“90.  Presentation of bill.–(1) When any sum becomes due for payment on account of any tax, fee, toll, rent or other charges, the Executive Officer or any person authorized him, shall cause to be presented to the person liable for the payment thereof a bill.

(2) Every such bill shall specify the particulars of the tax, fee, rent, toll or other charges, the period for which the charge is made, the period within it is to be paid and the liability in case of default of payment.”.

  1. Amendment of Section 91, Act II of 1924.–In the said Act, in Section 91,–

(a)      in sub-section (1), after the word “tax”, the expression “, fee, rent, toll or other charges” shall be inserted; and

(b)      in sub-section (2), for the words “one rupee”, the words “two hundred rupees” shall be substituted.

  1. Amendment of Section 92, Act II of 1924.–In the said Act, for Section 92, the following shall be substituted, namely:–

“92.  Recovery of tax, fee, toll or other charges.–(1) If the person liable for the payment of any tax, fee, toll or other charges does not within thirty days from the service of the notice of demand pay the amount due or does not show sufficient cause for non-payment of the same to the satisfaction of the Executive Officer, such sum with all costs of recovery may be recovered under a warrant issued in the form set forth in Schedule II by–

(a)      distress and sale of the moveable property of the defaulter; or

(b)      sealing, attachment and sale of the immovable property if the amount so recoverable pertains to such immovable property.

Explanation.–The .warrant may be addressed to any servant of the Board for execution and in executing it he may obtain such assistance from other servants of the Board as he may consider necessary:

Provided that the executive officer shall not recover any sum the liability for which has been remitted on appeal under this Chapter.

(2)      Every warrant issued under this section shall be signed by the executive officer.

(3)      The executive officer after due process of law may request to the State Bank of Pakistan for attachment or seizure of the tax defaulter’s bank account through a warrant served in the manner specified in the form set forth in Schedule-II. In case, the amount of tax default exceeds one hundred thousand rupees, the amount of tax default shall be made good from the account of the tax defaulter or the account shall remain seized till such time the tax defaulters clears the outstanding amount of tax.”.

  1. Insertion of Section 92A, Act II of 1924.–In the said Act, after Section 92, substituted as aforesaid, the following section shall be inserted, namely:–

“92A.        Surcharge payable on taxes, fee, etc. due.–(1) If a person on whom a notice of demand has been served under Section 91 does not within a period specified in such notice pay the sum demanded in the notice, he shall be liable to pay a surcharge in addition to the sum and other charges due at the rate of one percent of the sum due, for each complete month from the date of expiry of the period as aforesaid.

(2)      The amount of interest shall be recoverable in the same manner as moneys recoverable by the Board under Section 259:

Provided that–

(a)      where no appeal has been preferred, the executive officer with the previous sanction of the Board; and

(b)      in any other case, the Director hearing the appeal under Section 84, may remit the whole or any part of the interest payable in respect of any period.”.

  1. Amendment of Section 99, Act II of 1924.–In the said Act, in Section 99, for sub-section (2), following shall be substituted, namely:–

“(2)     The Board may exempt following buildings and lands from any tax on property other than a tax imposed to cover the cost of specific services rendered by the Board, namely:–

(a)      places set apart for public worship and either actually so used or used for no other purpose:

(b)      buildings used for educational purposes which are open to public and from which no income is derived;

(c)      public libraries, play-grounds and dharmsalas which are open to the public and from which no income is derived;

(d)      hospitals and dispensaries maintained wholly by charitable contributions;

(e)      burning and burial grounds, not being the property of the Government or a Board, which are controlled under the provisions of this Act;

(f)       buildings or lands vested in a Board; and

(g)      buildings which are the property of the Federal or Provincial Government.”.

  1. Amendment of Section 101, Act II of 1924.–In the said Act, in Section 101, in sub-section (1), the words “with the previous sanction of Competent Authority” shall be omitted.
  2. Amendment of Section 102, Act II of 1924.–In the said Act, in section l02,–

(a)      for the word “fifty”, the words “one hundred thousand” shall be substituted; and

(b)      for the words “the sanction of Competent Authority”, the words “the concurrence of Director General” shall be substituted.

  1. Amendment of Section 103, Act II of 1924.–In the said Act, in Section 103, in sub-section (2), for the words “one hundred”, the words “ten thousand” shall be substituted.
  2. Amendment of Section 116, Act II of 1924.–In the said Act, in Section 116,–

(a)      in the marginal heading, for the word “Duties”, the word “Functions” shall be substituted; and

(b)      in the rider clause, for the word “It”, occurring for the first time, the expression “Subject to any fee or charge payable under this Act, it” shall be inserted;

(c)      in clause (p), the word “and”, occurring at the end, shall be omitted:

(d)      in clause (q), for full stop at the end, a semi colon shall be substituted and thereafter the following new clauses shall be added, namely:–

“(r)     exercise control over land-use and connected matters in the manner as may be prescribed;

(s)      enforce building control as may be prescribed;

(t)      regulate in the prescribed manner different schemes and matters connected thereto;

(u)      lease and rent out properties vested in, managed or maintained by the Board in the prescribed manner;

(v)      undertake in the prescribed manner landscape, parks, monuments and municipal ornamentation;

(w)     approve in the prescribed manner such taxes and fees etc. as set out in Schedule VII;

(x)      collect in the prescribed manner approved taxes, fees, rates, rents, tolls, charges, fines and penalties; and

(y)      any other matter for carrying out the purposes of this Act.”.

  1. Amendment of Section 118, Act II of 1924.–In the said Act, in Section 118,

(i)       in sub-section (1), for the word “fifty”, occurring at the end, the words “five thousand” shall be substituted;

(ii)      in sub-section (2), for the expression “twenty-five” the words “five thousand” shall be substituted: and

(iii)     in sub-section (3), for the word “twenty” the words “five thousand” shall be substituted.

  1. Amendment of Section 119, Act II of 1924.–In the said Act, in Section 119, in sub-section (5), for the words “one hundred” the words “five thousand” shall be substituted.
  2. Amendment of Section 120, Act II of 1924.–In the said Act, in Section 120, for the word “fifty”, the words “five thousand” shall be substituted.
  3. Amendment of Section 124, Act II of 1924.–In the said Act, in Section 124, in sub-section (2),–

(a)      for the words “two hundred”, the words “ten thousand” shall be substituted;

(b)      for the words “fifty”, the words “two thousand” shall be substituted; and

(c)      after the word “continues”, the words “and if it continues more than seven days then his cinematograph or other apparatus shall be liable to sealing” shall be inserted.

  1. Amendment of Section 125, Act II of 1924.–In the said Act, in Section 125, for the word “fifty” the words “ten thousand” shall be substituted.
  2. Amendment of Section 139, Act II of 1924.–In the said Act, in Section 139, in sub-section (2), for the word “fifty”, the words “five hundred” shall be substituted and for the word “five”, the words “one hundred” shall be substituted.
  3. Amendment of Section 141, Act II of 1924.–In the said Act, in Section 141, in sub-section (2), for the words “two hundred”, the words “five thousand” shall be substituted.
  4. Amendment of Section 150, Act II of 1924.–In the said Act, in Section 150, for the words “one hundred”, the words “five thousand” shall be substituted.
  5. Amendment of Section 159, Act II of 1924.–In the said Act, in Section 159, for the words “one hundred”, the words “five thousand” shall be substituted.
  6. Amendment of Section 167, Act II of 1924.–In the said Act, in Section 167, for the words “one hundred”, the words “five thousand” shall be substituted.
  7. Insertion of new Section 178AA, Act II of 1924.–In the said Act, after Section 178A, the following new section shall be inserted, namely:-

“178AA. Land use planning, layout planning, control over building plan, etc.–(1) The cantonment executive officer, with the approval of Board, may cause to be prepared a spatial plan for land use to be followed in the cantonment which shall include, but not limited to,–

(a)      earmarking of zones for residential, institutional, commercial, industrial and other activities; and

(b)      improvement schemes for areas within the cantonment if so required.

(2)      The Board shall give publicity to the land use plan prepared under sub-section (1) by publishing the gist of plan in a local newspaper and by other public information means including uploading on official website:

Provided that till the preparation and execution of land use plan, all the actions and decisions of the Board in view of implementation of land use plan under various policies issued by administrative division from time to time shall be deemed to have been validly issued under this Act”.

  1. Insertion of new Section 179A, Act II of 1924.–In the said Act, after Section 179, the following new section shall be inserted, namely:–

“179A. Notice and sanction of new scheme.–(1) Whoever intends to develop or revise a scheme shall apply for sanction by giving notice in writing of his intention to the Board.

(2)      The Board may either refuse to sanction or may sanction it either absolutely or subject to such modifications or limitations as it thinks fit for the welfare of users of the scheme.

(3)      Every sanction for the new or revised layout plan of a scheme shall be valid for one year in line with Section 183.

(4)      A Board, when sanctioning the erection or re-erection of a building as hereinbefore provided, shall specify a reasonable period after the work has commenced within which the development of layout plan is to be completed in line with Section 183A.

(5)      In cases of illegal development of a scheme, the provisions of Sections 184 and 185 shall apply.”.

  1. Amendment of Section 184, Act II of 1924.–In the said Act, in Section 184, for the words “five hundred”, the words “fifty thousand” shall be substituted.
  2. Amendment of Section 185, Act II of 1924.–In the said Act, in Section 185, in sub-section (1), the words “within twelve months of the completion of such erection or re-erection in like manner” shall be omitted.
  3. Insertion of new Section 185A, Act II of 1924.–In the said Act, after Section 185, amended as aforesaid, the following new section shall be inserted, namely:-

“185A. Restrictions on use of buildings, layout plan of scheme and conversion, etc.–(1) No person shall without written permission of the Board or otherwise than in conformity with the conditions, if any, of such permission–

(a)      use or permit to be used for human habitation any part of a building not originally erected or authorized to be used for that purpose or not used for that purpose before any alteration has been made therein by any work executed in accordance with the provisions of this Act;

(b)      change or allow change of use of any land or building;

(c)      convert or allow conversion of one kind of building or land or tenement to another kind.

(2)      Any person seeking change of use or conversion under sub-section (1) shall pay the fee prescribed by the Board.

(3)      Any person who contravenes the provisions of this section shall be liable for payment of reasonable amount of fine along with penalty as may be determined by the Board.”.

  1. Amendment of Section 186, Act II of 1924.–In the said Act, in Section 186, in clause (f) in sub-clause (x), for full stop at the end, a semi colon shall be substituted and thereafter the following new clauses (g), (h), (i), (j) and (k) shall be added, namely:–

“(g)     classification and zoning of buildings;

(h)      regulation of Schemes;

(i)       conversion of plots or buildings from one use to another;

(j)       fee, if any, in connection with the matters covered under this Chapter, imposed under this Act; and

(k)      any other matter ancillary or incidental to the matters mentioned under this Chapter.”.

  1. Amendment of Section 192, Act II of 1924.–In the said Act, in Section 192, in sub-section (1), for the words “Competent Authority”, the words “Director General” shall be substituted.
  2. Amendment of Section 193, Act II of 1924.–In the said Act, in Section 193, in sub-section (2), for the word “twenty”, the words “ten thousand” shall be substituted.
  3. Amendment of Section 196, Act II of 1924.–In the said Act, in Section 196, for the word “twenty”, the words “two thousand” shall be substituted and for the word “five”, the word “fifty” shall be substituted.
  4. Amendment of Section 202, Act II of 1924.–In the said Act, in Section 202, in sub-section (3), for the word “fifty”, the words “five thousand” shall be substituted and for the word “ten”, the words “one hundred” shall be substituted.
  5. Amendment of Section 204, Act II of 1924.–In the said Act, in Section 204, in sub-section (1), for the word “fifty”, the words “five thousand” shall be substituted and for the word “five”, the word “fifty” shall be substituted.
  6. Amendment of Section 205, Act II of 1924.–In the said Act, in Section 205, for the word “fifty” the words “ten thousand” shall be substituted and for the word “five”, the words “five thousand” shall be substituted.
  7. Amendment of Section 209, Act II of 1924.–In the said Act in Section 209, in sub-section (3), for the word “twenty”, the words “two thousand’ shall be substituted.
  8. Amendment of Section 210; Act II of 1924.–In the said Act, in Section 210,–

(a)      in sub-section (1), after clause (r), the following new clause shall be inserted, namely:-

“(s)     or any other occupation as the Board may notify from time to time,”; and

(b)      in sub-section (4), the expression “, not exceeding the cost of granting licences,” shall be omitted.

  1. Amendment of Section 213, Act II of 1924.–In the said Act, in Section 213, for the words “two hundred”, the words “five thousand” shall be substituted and for the word “forty” the words “two thousand” shall be substituted.
  2. Amendment of Section 214, Act II of 1924.–In the said Act, in Section 214, for the word “fifty”, the words “two thousand” shall be substituted.
  3. Amendment of Section 215, Act II of 1924.–In the said Act, in Section 215, in sub-section (4), for the words “one hundred”, the words “ten thousand” shall be substituted.
  4. Amendment of Section 216, Act II of 1924.–In the said Act, in Section 216, in sub-section (3), for the word “fifty”, the words “five thousand” shall be substituted.
  5. Amendment of Section 226, Act II of 1924.–In the said Act, in Section 226, for the word “fifty” the words “one thousand” shall be substituted.
  6. Amendment of Section 232, Act II of 1924.–In the said Act, in Section 232, for the word “charges”, the words “development charges” shall be substituted.
  7. Amendment of Section 236, Act II of 1924.–In the said Act, in Section 236, in sub-section (1), for the words “two hundred” the words “twenty thousand” shall be substituted.
  8. Amendment of Section 240, Act II of 1924.–In the said Act, in Section 240, for the words “two hundred” the words “twenty thousand” shall be substituted and for the word “twenty” and words “five hundred” shall be substituted.
  9. Amendment of Section 249, Act II of 1924.–In the said Act, in Section 249, for the words “one hundred”, the words “five thousand” shall be substituted.
  10. Amendment of Section 255, Act II of 1924.–In the said Act, in Section 255, after the words “local newspaper”, the words “or published on Board’s official website” shall be inserted.
  11. Amendment of Section 259, Act II of 1924.–In the said Act, in Section 259, in sub-section (1), for the expression “of, or standing timber, growing crops or grass belonging to”, the expression “,or by sealing, attachment and sale of immovable property of’ shall be substituted.
  12. Insertion of new Section 268A, Act II of 1924.–In the said Act. after Section 268, the following new section shall be inserted, namely:–

268A. Orderly use of building.–(1) No building shall be put to unauthorized use.

(2)      Where a building is put to a use in violation of sub-section (1), the executive officer shall serve a notice allowing seven days for discontinuation of the un-authorized use.

(3)      Where a person to whom a notice has been issued under sub-section (2), fails to discontinue the unauthorized use, the executive officer may impose upon such person a daily fine of ten thousand rupees and where the violation continues for thirty days from the date of imposition of fine, the executive officer may seal the building or property which shall continue till the recovery of fine and restoration of authorized use.

  1. Amendment of Section 277, Act II of I924.–In the said Act, in Section 277, in sub-section (1),–

(a)      for the words “District Magistrate”, the words “Regional Director” shall be substituted;

(b)      for the words “Federal Government”, occurring for the first time, the words “Director General” shall be substituted; and

(c)      for the words “Federal Government”, occurring for the second time, the words “secretary administrative division” shall be substituted.

  1. Amendment of Section 280, Act II of 1924.–In the said Act, in Section 280, in sub-section (2), after clause (b), the following new clause shall be inserted, namely:–

“(ba)   the classification, reclassification, sub-classification, usage, disposal, transfer, management or administration of land vested in the Federal Government including military lands;”.

  1. Insertion of Section 281A, Act II of 1924.–In the said Act, after Section 281, the following new section shall be inserted, namely:–

“281A. Power to make regulations relating to military lands.–Subject to the provisions of this Act and the rules made thereunder, the Federal Government by way of regulations may apportion the military lands, determine the usages of the military lands and all other matters connected with and incidental thereto.”.

  1. Amendment of Section 282, Act II of 1924.–In the said Act, in Section 282.–

(a)      for clause (3), the following shall be substituted, namely:–

“(3) the regulation of the collection and recovery of taxes, development charges, tolls and fees under this Act and the refund thereof;”;

(b)      in clause (5), after the word “vehicles”, the expression “parking,” shall be inserted;

(c)      in clause (18), after the expression “nature,”, the words, “BTS tower” and after the word “Cantonment”, the words “except on military lands” shall be inserted.

(d)      in clause (38), the word “and”, at the end, shall be omitted;

(e)      in clause (39), for full stop at the end, a semi colon shall be substituted and thereafter the following new clauses shall be added, namely:-

“(40)   subject to the provisions of this Act and the rules made thereunder, a Board may, in addition to any bye-laws which it is empowered to make by any other provision of this Act, make bye-laws to provide for all or any of the following matters in the cantonment, namely, residential, commercial, industrial and any other scheme, etc.; and

(41)    attachment and sale of immovable property.”.

  1. Amendment of Section 283, Act II of 1924.–In the said Act, in Section 283,–

(a)      in clause (a), for the words “one hundred”, the words “fifty thousand” shall be substituted;

(b)      in clause (b), for the words “one hundred”, the words “five thousand” shall be substituted and for the word “twenty”, the words “two hundred” shall be substituted: and

(c)      in sub-section (c), for the word “ten”, the words “one thousand” shall be substituted.

  1. Amendment of Section 284, Act II of 1924.–In the said Act, in Section 284,–

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

“(1) Any power to make bye-laws in respect of a cantonment conferred by this Act shall be subject to the condition of previous publication and confirmation by the administrative division and publication in the official Gazette.”.

(b)      sub-section (2) shall be omitted; and

(c)      in sub-section (3), for the words “Federal Government”, words “secretary of the administrative division” shall be substituted.

  1. Amendment of Section 286, Act II of 1924.–In the said Act, in Section 286,–

(a)      after the word “any rule”, the expression “, regulations” shall be inserted; and

(b)      after the words “any of those Chapters”, the expression “or any regulations made under this Act as may be deemed appropriate by the Federal Government for the purposes of armed forces, shall be inserted.

  1. Amendment of Section 286B, Act II of 1924.–In the said Act, in Section 286B, in sub-section (2), for the words “Federal Government”, the words “the administrative division” shall be substituted.
  2. Insertion of Section 292A, Act II of 1924.–In the said Act, after Section 292, the following new section shall be inserted, namely:-

“292A. Repeal and saving.–(I) The following laws are hereby repealed, namely:–

(a)      the Cantonments Ordinance, 2002 (CXXXVII of 2002); and

(b)      the Cantonments Local Government (Elections) Ordinance, 2002 (LXXIX of 2002).

(2) The repeal of laws under sub-section (1) shall not-

(a)      revive anything not in force or existing at the time at which the repeal takes effect, or

(b)      affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or

(c)      affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or

(d)      affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or

(e)      affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the Cantonments (Amendment) Act, 2023 ( of 2023) had not been passed.

(3)      On repeal of the laws under sub-section (1), unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, form or bye-law made or issued under the said repealed laws shall, so far as it is not inconsistent with the provisions of this Act, continue in force, and be deemed to have been made or issued under the provisions of this Act, unless and until it is superseded by any appointment, notification, order, scheme, rule, form or bye-law made or issued under the provisions of this Act.”.

  1. Amendment of Schedule I, Act II of 1924.–In the said Act, in Schedule I, for the words “warrant of distress”, the words “warrant of distress, seal, attachment” shall be substituted.
  2. Substitution of Schedule. II, Act II of 1924.–In the said Act, for Schedule II, the following shall be substituted, namely:-

“SCHEDULE II

FORM OF WARRANT

[see Section 92]

(Here insert the name of the officer charged with the
execution of the warrant)

Whereas A. B. of ____________ has not paid, and has not shown satisfactory cause for the non-payment of the sum due on account of ______________ (Here describe the liability) for the period of ____________ commencing on the ___________ day of ________ 20 ____, and ending with the ___________ day of __________ 20 ____, which sum is leviable under_________________,_______________________

And whereas thirty days have elapsed since the service on him of notice of demand for the same;

This is to command you to–

(a)      Distrain, subject to the provision of the Cantonments Act, 1924, the moveable property of the said A.B. to the amount of the said sum of Rs. _________ and forthwith to certify; to me, together with this warrant, all particulars of the property seized by you thereunder.

(b)      Attach/seize the account held in the name of the said Mr. __________ (CNIC# ____________ and to transfer the defaulted amount of Rs. __________ to the account No. ________________ of CB _________ forthwith under intimation to me.

Dated            this    _______________________ day          of        _______________ 20 _______

(Signed)

Executive Officer Cantonment.”.

  1. Addition of Schedule VII, Act II of 1924.–In the said Act, after the omitted Schedule VI, the following new Schedule shall be added, namely:-

Schedule VII

[See Section 60]

(a)      Tax on annual rental value of immovable property;

(b)      tax on transfer of immovable property;

(c)      professional tax;

(d)      trade tax;

(e)      entertainment fee on dramatic and theatrical shows;

(f)       water use charges, fee, tax;

(g)      drainage charges;

(h)      conservancy charges for any building including residential buildings;

(i)       fee for approval of building plans, erection and re-erection of buildings;

(j)       fee for approval of housing scheme and town planning:

(k)      development charges;

(l)       conversion charges;

(m)     fee for compounding of offence and violations:

(n)      fee for change of land use of a land or building as may be prescribed;

(o)      fee for licences, sanctions and permits;

(p)      fee on the slaughter of animals;

(q)      fee for establishment of private markets;

(r)      fee for regulation of advertisement through sign boards, hoardings, cutouts, neon-signs, pole signs, sky signs and boards, billboards, directional boards, banners, streamers, moppy signs, temporary advertisement structures and stalls, posters, one way visions, hot air balloons and blimps, moving vehicles, electronic display screens including light emitting diode (led) and surface mounted device (smd), etc;

(s)      toll fee on roads, bridges and ferries maintained by the respective local government;

(t)      parking fee;

(u)      fees on sale of cattle;

(v)      fee for services rendered by a Board or any of its officers, agency or company;

(w)     fee on installation of base transceiver station (BTS) or tower;

(x)      right of way fee; and

(y)      any other tax or fee or levy which may be imposed in any municipality in the province wherein such cantonment is situated”.

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ACT NO. XVI OF 2023

TAX LAWS (AMENDMENT) ACT, 2023

An Act further to amend certain laws relating to taxes and duties

[Gazette of Pakistan, Extraordinary, Part-I, 21st April, 2023]

No. F. 22(32)/2022-Legis., dated 20.4.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 20th April, 2023 is hereby published for general information:–

WHEREAS, it is expedient further to amend certain laws relating to taxes and duties for the purposes hereinafter appearing;

It is hereby enacted as follow:–

  1. Short title and commencement.–(1) This Act shall be called the Tax Laws (Amendment) Act, 2023.

(2) It shall, unless specified otherwise come into force at once.

  1. Amendments of the Sales Tax Act 1990.–In the Sales Tax Act, 1990, the following further amendments shall be made, namely:–

(a)      in Section 2, in Clause (46), in sub-clause (i), in the explanation, after the word “electricity”, the expression “or natural gas including re-gasified liquefied natural gas” shall be inserted;

(b)      in Section 3,–

(i)       for sub-section (9), the following shall be substituted and shall be deemed to have been so substituted from the 1st day of July, 2022. namely:-

“(9)     Notwithstanding anything contained in sub-section (1), tax shall be charged from retailers, other than those falling in Tier-1, through their monthly electricity bills, at the rate of five percent where the monthly bill amount does not exceed rupees twenty thousand and at the rate of seven and half percent where the monthly bill amount exceeds the aforesaid amount and the electricity supplier shall deposit the amount so collected directly without adjusting against his input tax:

Provided that the tax under this sub-section shall be in addition to the tax payable on supply of electricity under sub-Sections (1), (1A) and (5):

Provided further that the Commissioner of Inland Revenue having jurisdiction shall issue order to the electricity supplier regarding exclusion of a person who is either a Tier-1 retailer or not a retailer.”; and

(ii)      after sub-section (11), the following new sub-section shall be added namely:–

“(12)   Notwithstanding anything contained in this Act, the Federal Government may, in lieu of or in addition to the tax under sub-section (9), by notification in the official Gazette, levy and collect such amount of tax at such rates and from such date as it may deem fit, from retailers, other than those falling in Tier-1, through their monthly electricity bill, and may also specify the mode, manner or time of payment of such tax:

Provided that different rates or amounts of tax may be specified for different persons or class of persons.”; and

(c)      in the Sixth Schedule, in Table-2, in column (1), after serial number 54, the following new serial number and entries relating thereto in columns (2) and (3) shall be added; namely:–

“55. Single cylinder agriculture diesel engines (compression ignition internal combustion piston engines) of 3 to 36 HP. Respective headings
  1. Amendments of Income Tax Ordinance, 2001 (XLIX of 2001).–In the Income Tax Ordinance, 2001 (XLIX of 2001), the following further amendments shall be made, namely:-

(1)      for Section 99A, the following shall be substituted and shall be deemed to have been so substituted from the 1st day of July, 2022, namely:–

        “99A. Special provisions relating to payment of tax through electricity connections. (1) Notwithstanding anything contained in the Ordinance, a tax shall be charged and collected from retailers other than Tier-I retailers as defined in the Sales Tax Act, 1990 (VII of 1990) and specified service providers on commercial electricity connections at the rates specified the income tax general order issued in terms of sub-section (2).

(2)      For the purposes of this section, the Federal Government or the Board with the approval of the Minister in-charge pursuant to the approval of the Economic Coordination Committee of the Cabinet may, issue an income tax general order to–

(a)      provide the scope, time, payment, recovery, penalty, default surcharge, adjustment or refund of tax payable under this section in such manner and with such conditions as may be specified;

(b)      provide the collection of tax on the amount of bill or on any basis of consumption, in addition to or in lieu of advance tax collectible under sub-section (1) of Section 235, at such rates or amounts, from such date and with such conditions as may be specified;

(c)      provide record keeping, filing of return, statement and assessment in such manner and with such conditions as may be specified;

(d)      provide mechanism of collection, deduction and payment of tax in respect of any person;

(e)      include or exempt any person or classes of persons, any income or classes of income from the application of this section, in such manner and with such conditions as may be specified; and

(f)       provide that tax collected under this section shall in respect of such persons or classes of persons be adjustable, final or minimum, in respect of any income to such extent and with such conditions as may be specified.

(3) The provisions of sub-section (1) of Section 235 shall apply to the persons as specified therein unless specifically exempted under the income tax general order issued under sub-section (2).

(4) The provisions of Section 100BA and Rule 1 of the Tenth Schedule shall not apply to the tax collectible under this section unless specifically provided in respect of the person or class of persons mentioned in the income tax general order issued under sub-section (2).

(2)      in Section 235, the sub-section (1A) shall be omitted and deemed to have been so omitted from the 1st day of July, 2022;

(3)      in the First Schedule, in Part IV,–

(a)      in Division III, in clause (2), for the Table, the following shall be substituted, namely:–

“S. No. Capacity Rs. per seat per annum Non Air Conditioned Rs. per seat per annum Air Conditioned
(1) (2) (3) (4)
1. 4 or more persons but less than 10 persons 200 375
2. 10 or more persons but less than 20 persons 500 750
3. 20 persons or more 1000 1500”; and

(b)      in Division IV, clause (3)shall be omitted;

(4)      in the Second Schedule, in Part I,–

(a)      after omitted clause (5), the following new clause shall be inserted and deemed to have been so inserted from the 1st day of July, 2022, namely:–

“(5A) Any allowance or perquisite paid or allowed as such outside Pakistan by the Government to a citizen of Pakistan for rendering service outside Pakistan.”; and

(b)      after clause (105B), the following new clause shall be inserted namely:–

“(105C) Any income derived by Kuwait Foreign Trading Contracting and Investment Company or Kuwait Investment Authority being dividend of the Pak-Kuwait Investment Company in Pakistan from the year of incorporation of Pak­Kuwait Investment Company.”; and

(5)      in the Tenth Schedule, in Rule 10, after the omitted clause (h), the following new clause shall be inserted; namely:–

“(ha)   tax collected under Section 234 during the period starting from the date of commencement of the Tax Laws Second Amendment) Ordinance, 2022 and ending on the 30th day of June, 2023 in respect of goods transport and passenger transport vehicle.”.

  1. Amendments of the Federal Excise Act, 2005.–In the Federal Excise Act, 2005, in the First Schedule, in Table-1, in
    Column (1), the following further amendments shall be made,
    namely:–

(a)      against serial number 7, in column (4), for the word “Ten rupee”, the words “Three hundred and ninety rupees” shall be substituted;

(b)      against serial number 9, for the entry in column (4), the following shall be substituted, namely:–

“Rupees six thousand five hundred commencing on the 22nd day of August, 2022 till the 13th day of February, 2023 and Rupees sixteen thousand five hundred from the 14th day of February, 2023.”; and

(c)      against serial number 10, for the entry in column (4), the following shall be substituted, namely:–

“Rupees two thousand and fifty commencing on the 22nd day of August, 2022 till the 13th day of February, 2023 and Rupees five thousand and fifty from the 14th day of February, 2023.”.

  1. Amendment of Section 8 of the Finance Act, 2022.–In the Finance Act, 2022, in Section 8, the following further amendments shall be made, namely:–

(a)      in sub-section (13), after clause (c), the following new clause shall be inserted, namely:-

“(ca)   “motor vehicle held in Pakistan” includes car, caravan automobiles, jeep, limousine, pickup, sports utility vehicle, trucks, vans, wagon and any other automobile excluding–

(i)       a motor vehicle used for public transportation, carriage of goods and agriculture machinery; and

(ii)      any motor vehicle held in Pakistan by a foreign diplomat or foreign diplomatic mission.”; and

 

(b)      in the First schedule, for the expression “(see section 1)” the expression “[see sub-section (1)]” shall be substituted.

————————–

ACT NO. XVII OF 2023

SUPREME COURT (PRACTICE AND PROCEDURE) ACT, 2023

An Act to provide for certain practices and procedures of the Supreme Court

[Gazette of Pakistan, Extraordinary, Part-I, 21st April, 2023]

No. F. 22(16)/2023-Legis.–The following Act of Majlis-Shoora (Parliament) is deemed to have been assented to by the President w.e.f. 21st April, 2023 under clause (2) of Article 75 of the Constitution of the Islamic Republic of Pakistan. It is hereby published for general information:

WHEREAS Article 191 of the Constitution provides that subject to the Constitution and law, the Supreme Court may make rules regulating the practice and procedure of the Supreme Court;

AND WHEREAS Article 10A, of the Constitution mandated right to fair trial and due process. Article 4 of the Constitution guarantee treatment in accordance with law, Article 25 of the Constitution prohibits discriminatory treatment and right of appeal is a universal fundamental principle of jurisprudence and Islam guarantees right of appeal, therefore. pursuant of Article 175(2) read with Article 191 of the Constitution this law is being enacted;

AND WHEREAS it is expedient to make a law providing for certain practices and procedures of the Supreme Court.

It is hereby enacted as follows:–

  1. Short title and commencement.–(1) This Act shall be called the Supreme Court (Practice and Procedure) Act, 2023.

(2) It shall come into force at once.

  1. Constitution of Benches.–(1) Every cause, appeal or matter before the Supreme Court shall be heard and disposed of by a Bench constituted by the Committee comprising the Chief Justice of Pakistan and two next most senior Judges, in order of seniority.

(2) Soon after commencement of this Act, the Committee constituted under sub-section (1) shall hold its first meeting to determine its procedure, including for holding meetings and constitution of Benches etc.:

Provided that, till such time the procedure is determined under this sub­section, the meeting of the Committee for the purposes of sub-section (1) shall be convened by the Chief Justice or other two members of the Committee, as the case may be.

(3) The decisions of the Committee shall be by majority.

  1. Exercise of original jurisdiction by the Supreme Court.–Any matter invoking exercise of original jurisdiction under clause (3) of Article 184 of the Constitution shall be first placed before the Committee constituted under Section 2 for examination and if the Committee is of the view that a question of public importance with reference to enforcement of any of the Fundamental Rights conferred by Chapter I of Part II of the Constitution is involved, it shall constitute a Bench comprising not less than three Judges of the Supreme Court of Pakistan which may also include the members of the Committee, for adjudication of the matter.
  2. Interpretation of the Constitution.–In the matters where interpretation of the constitutional provision is involved, Committee shall constitute a Bench comprising not less than five Judges of the Supreme Court.
  3. Appeal.–(1) An appeal shall lie within thirty days from an order of a Bench exercising jurisdiction under clause (3) of Article 184 of the Constitution to a larger Bench of the Supreme Court and such appeal shall, within a period not exceeding fourteen days, be fixed for hearing.

(2) The right of appeal under sub-section (1) shall also be available to an aggrieved person against whom an order has been made under clause (3) of Article 184 of the Constitution, prior to the commencement of this Act:

Provided that the appeal under this sub-section shall be filed within thirty days of the commencement of this Act.

  1. Right to appoint counsel of choice.–For filing a review application under Article 188 of the Constitution, a party shall have the right to appoint counsel of its choice.

Explanation: For the purpose of this section, ‘counsel’ shall mean an Advocate of the Supreme Court.

  1. Application for fixation of urgent matter.–An application pleading urgency or seeking interim relief, filed in a cause, appeal or matter, shall be fixed for hearing within fourteen days from the date of its filing.

 

  1. Act to override other laws etc.–The provisions of this Act shall have effect notwithstanding anything contained in any other law, rules or regulations for the time being in force or judgment of any Court including the Supreme Court and a High Court.

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ACT NO. XVIII OF 2023

PAKISTAN MARITIME ZONES ACT, 2023

An Act to consolidate and amend the law relating to territorial sea and maritime zones of Pakistan

[Gazette of Pakistan, Extraordinary, Part-I, 29th April, 2023]

No. F. 9(1)/12023-Legis., dated 28.4.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 26th April, 2023 and is hereby published for general information:-

WHEREAS it is expedient further to consolidate and amend the law relating to the territorial sea and maritime zones of Pakistan and for matters connected therewith and ancillary thereto and to give effect to the provisions of the United Nations Convention in the Law of the Sea 1982, which Pakistan has ratified on the 26th February, 1997;

It is hereby enacted as follows:–

  1. Short title and commencement.–(1) This Act may be called the Pakistan Maritime Zones Act, 2023.

(2) It shall come into force at once.

  1. Definitions.–(1) Unless the subject or context provides otherwise,–

(a)      “baseline” means the low water line or where applicable the system of straight lines, as notified from time to time in the official Gazette from which breadth of the territorial sea is measured;

(b)      “convention” means the United Nations Convention on the Law of the Sea (UNCLOS), 1982;

(c)      “Government” or “Federal Government” means the Federal Government of the Islamic Republic of Pakistan;

(d)      “maritime zones” means the internal waters, territorial sea, contiguous zone, exclusive economic zone, continental shelf and high seas;

(e)      “nautical mile” or “NM” means a unit for measuring distance at sea, equal to 1852 meters;

(f)       “prescribed” means prescribed by rules made under this Act.

(2) The words and expressions used but not defined in these rules shall have the same meanings as assigned thereto in the convention.

  1. Territorial sea.–(1) The sovereignty of Pakistan extends to its territorial sea, as well as to the air space, over its bed and subsoil.

(2) The breadth of the territorial sea is twelve nautical miles measured from the baseline.

(3) The baseline from which limits of the territorial sea, contiguous zone, exclusive economic zone and continental shelf are to be measured shall be as notified by the Federal Government in the official Gazette.

(4) Where a single island, rock or a composite group thereof constituting a part of the territory of Pakistan situated off the main coast, the baseline referred to in sub-section (3) shall be drawn along the outer seaward limits of such island, rock or composite group.

  1. Internal waters.–The internal waters of Pakistan shall comprise all waters that are on the landward side of the baseline:
  2. Historic waters.–(1) The Federal Government may, by notification in the official Gazette, specify the limits of Such waters adjacent to its land territory as the historic waters and bays of Pakistan.

(2) The sovereignty of Pakistan extends, and has always extended, to the historic waters of Pakistan, to their seabed, subsoil and the airspace over such waters and bays.

  1. Right of innocent passage.–(1) Without prejudice to the provisions of any other law for the time being in force and subject to the provisions of sub-section (5) and sub-section (6), all foreign ships shall enjoy the right of innocent passage through the territorial sea.

(2) Passage of a foreign ship shall be considered innocent so long as it is not prejudicial to the peace. good order or security of Pakistan and such passage shall not be considered innocent if the foreign ship, while in the territorial sea, engages in any of the following activities, namely:–

(a)      any threat or use of force against the sovereignty, territorial integrity or political independence of Pakistan or in any other manner in violation of the principles of international law embodied the charter of the United Nations;

(b)      any exercise or practice with weapons of any kind;

(c)      any act aimed at collecting information to the prejudice of the defence or security of Pakistan;

(d)      any act of propaganda aimed at affecting-the defence or security of Pakistan;

(e)      the launching, landing or taking onboard of any aircraft or military device;

(f)       the loading or unloading of any person, commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of Pakistan;

(g)      any willful act of pollution from vessels, release of toxic or noxious substances or dumping of wastes causing or likely to cause, damage or harm to Pakistan or its resources or its marine environment;

(h)      any fishing activities;

(i)       the carrying out of research or survey activities;

(j)       any act aimed at interfering with any system of communication or any other facilities or installations of Pakistan; and

(k)      any other activity not having a direct bearing on passage.

(3) In exercising the right of innocent passage, a foreign ship shall comply with–

(a)      generally accepted international regulation, procedures and practices for safety at sea which have effects on the territorial sea or any part thereof;

(b)      the provisions of the regulations and any enactment, order or direction, which have effect, in the territorial sea or any part thereof, for or with respect to–

(i)       the safety of navigation and the regulation of maritime traffic, including use of sea lanes and the operation of traffic separation schemes;

(ii)      the protection of navigational aids and facilities and other facilities or installations including research installations;

(iii)     the protection of cables and pipelines;

(iv)     the conservation of resources of sea;

(v)      fishing and fisheries;

(vi)     the preservation of the marine environment and the prevention, reduction and control of pollution thereof;

(vii)    marine scientific research and hydrographic surveys; and

(viii)   control or prohibition in relation to customs, excise, immigration or sanitation.

(4) Passage shall be continuous and expeditious, stopping or anchoring shall be permitted only in so far as the same are incidental to ordinary navigation or rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons and ships or aircraft in danger or distress.

(5) Foreign warships including submarines and other under water vehicles may enter or pass through the territorial sea with the prior permission of the Federal Government. Submarines and other under water vehicles shall navigate on the surface and show their flag while passing through such sea.

(6) Foreign super tankers, nuclear powered ships and ships carrying nuclear or other inherently dangerous or noxious substance-. or materials may enter or pass through the territorial sea after giving prior notice to the Federal Government, or any authority or person authorized by it in this behalf by the Federal Government, and shall carry documents and observe special precautionary measures motivationally recognized for such ships.

(7) The Federal Government, or any authority or person duly authorized in this behalf by the Federal Government, may in the interest of safety, peace, good order or security of Pakistan or any part thereof, suspend, by notification subject to such exceptions and qualification of any, as may be specified in the notification, the entry of all or any class of foreign ships into such areas of the territorial sea as may be specified in the notification.

(8) The Federal Government, or any authority or person duly authorized in this behalf by the Federal Government, shall have the right to order an immediate eviction of a foreign warship or other foreign government ship operated for non-commercial purposes, that violates the laws or regulations of Pakistan while passing through the territorial sea of Pakistan. The flag state of such a ship shall bear responsibility for any loss or damage to Pakistan resulting from the non-compliance by such ship with the laws and regulations of Pakistan concerning passage through the territorial sea or other generally accepted rules of international law.

  1. Contiguous zone.–(1) The contiguous zone of Pakistan, hereinafter referred to as the contiguous zone, is an area adjacent to and beyond the territorial sea, the limit of which is twenty-four nautical miles measured from the baseline.

(2) The Federal Government, or any authority or person duly authorized in this behalf by the Federal Government, may exercise such powers and take such measures in or in respect of the contiguous zone as it may consider necessary to prevent and punish the contravention of and an attempt to contravene any law, for the time being in force, relating to;

(a)      the security of Pakistan;

(b)      immigration and sanitation;

(c)      customs and other fiscal matters; or

(d)      archaeological and historical objects.

(3) The Federal Government may, by notification in the official Gazette,–

(a)      extend to the contiguous zone any relevant law for the time being in force in Pakistan, or any provision thereof, relating to any matter referred to in sub-section (2); and

(b)      make such provisions, as it may consider necessary, for facilitating the enforcement of such law in the contiguous zone.

  1. Exclusive economic zone.–(1) The exclusive economic zone of Pakistan, hereinafter referred to as the exclusive economic zone, is an area beyond and adjacent to the territorial sea, the limit of which is two hundred natitical miles from the baseline.

(2) In the exclusive economic zone including its bed, subsoil and the superjacent waters, Pakistan has–

(a)      sovereign rights for the purpose of exploration, development, exploitation, conservation and management of natural resources both living and non-living as well as for producing energy from tides, winds, currents and the sun;

(b)      exclusive rights and jurisdiction for the construction, maintenance or operation of artificial islands, off-shore terminals, installations and other structures and devices necessary for the exploration and exploitation of the resources of this zone or for the safety and convenience of navigation or for any other purpose;

(c)      exclusive rights and jurisdiction to authorize, regulate, conduct and control scientific research;

(d)      exclusive jurisdiction to preserve and protect the marine environment and to prevent, reduce and control pollution of marine environment; and

(e)      such other rights as are recognized by the international law.

(3) No person or company including a Foreign Government shall, except under and in accordance with the terms of any agreement with the Federal Government or a licence or letter of authority issued by the Federal Government, or any authority or person duly authorized in this behalf by the Federal Government, explore or exploit any recourses of the exclusive economic zone or carry out any search or excavation or conduct any research within the exclusive economic zone or drill therein or construct, maintain or operate therein for any of the purposes whatsoever, any artificial, island, off-shore terminal, installation or other structure or device.

(4) The Federal Government may, by notification in the official Gazette–

(a)      declare any area of the exclusive economic zone to be a designated area: and

(b)      make such provisions as it may deem necessary with respect to all or any of the following matters, namely:

(i)       the exploration, development, exploitation and protection of the resources of such designated area;

(ii)      other activities for the economic exploitation and exploration of such designated area, such as the production of energy from tides, winds, currents and the sun;

(iii)     the safety and protection of artificial islands, off-shore terminals, installations and other structures and devices in such designated area;

(iv)     the protection of marine environment of such designated area;

(v)      customs and other fiscal matters in relation to such designated area; and

(vi)     the regulation of entry into and passage through the designated area of foreign ships by the establishment of fairways, sea lanes, traffic separation schemes or any other mode of ensuring freedom of navigation which is not prejudicial to the interest of Pakistan.

(5) The Federal Government may, by notification in the official Gazette,–

(a)      extend to the whole or any part of the exclusive economic zone any relevant law for the time being in force in Pakistan, or any provision thereof; and

(b)      make such provisions as it may deem necessary for facilitating the enforcement of such laws in the exclusive economic zone or, as the case may be, the part thereof to which it has been extended.

(6) The provisions of sub-section (6) of Section 9 shall apply in relation to the laying or maintenance of submarine cables or pipelines or such other material on the seabed of the exclusive economic zone as they apply in relation to the laying or maintenance of submarine cables or pipelines or such other material on the seabed of the continental shelf.

(7) In the exclusive economic zone and the air space over the zone, ships and aircraft of all states shall, subject to the exercise by Pakistan of its right within the zone, enjoy freedom of navigation and the over flight.

  1. Continental shelf.–(1) The continental shelf of Pakistan, hereinafter referred to as the continental shelf, comprises the seabed and subsoil of the submarine areas that extend beyond the limit of the territorial sea of Pakistan throughout the natural prolongation of the land territory of Pakistan to the outer limit line comprising fixed points measured three hundred and fifty nautical miles from the baseline, declared under sub-section (3) of Section 3, as notified by the Federal Government in the official Gazette.

(2) Pakistan has full and exclusive sovereign rights in respect of its continental shelf including,–

(a)      exclusive sovereign rights for the purposes of exploration, development, exploitation, conservation and management of all natural resources consisting of the mineral and other non-living resources of the seabed and subsoil together with living organisms belonging to sedentary species;

(b)      exclusive rights and jurisdiction to authorize, regulate, conduct and control scientific research;

(c)      exclusive rights and jurisdiction for the construction, maintenance or operation of artificial islands, off-shore terminals, installations and other structures and devices necessary for the exploration and exploitation of the resources of the continental shelf, for the convenience of shipping or for any other purpose; and

(d)      exclusive jurisdiction to preserve and protect the marine environment and to prevent and control marine pollution.

Explanation.–For the purpose of this sub-section, the expression “living organisms” shall mean those organisms which at the harvestable stage, are either immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil.

(3) No person or company, including a foreign government, shall except under and in accordance with the terms of any agreement with the Federal Government or a licence or letter of authority issued by the Federal Government or any authority or any person duly authorized in this behalf by the Federal Government, explore the continental shelf or exploit its resources or carry out any search or excavation or conduct any research within the continental shelf or drill therein or construct, maintain or operate therein for any of the purposes whatsoever any artificial island, off-shore terminal, installation or other structures or devices.

(4) The Federal Government may by notification in the official Gazette,–

(a)      declare any area of the continental shelf to be a designated area; and

(b)      make such provisions as it may deem necessary with respect to all or any of the following matters, namely;

(i)       the exploration, development, exploitation and protection of the resources of the continental shelf within such designated area;

(ii)      the safety and protection of artificial islands, off shore terminals, installations and other structure and devices in such designated area;

(iii)     the protection of marine environment of such designated area;

(iv)     customs and other fiscal matters in relation to such designated area; and

(v)      the regulation of entry into and passage through the designated area of foreign ships by the establishment of fairways, sealanes, traffic separation schemes or any other mode of ensuring freedom of navigation which is not prejudicial to the interest of Pakistan.

(5) The Federal Government may, by notification in the official Gazette,–

(a)      extend to the whole or any part of the continental shelf any relevant law for the time being in force in Pakistan, or any provision thereof; and

(b)      make such provisions as it may consider necessary for facilitating the enforcement of such laws in the continental shelf or, as the case may be, the part thereof to which it has been extended.

(6) Subject to any measures that may be necessary for protecting the interests of Pakistan, the Federal Government may not, impede the laying or maintenance of submarine cables or pipelines or such other material on the seabed of the continental shelf by foreign states:

Provided that the consent of the Federal Government shall be necessary for the delineation of the course for the laying of such cables or pipelines or such other material.

  1. Safety zones.–(1) The Federal Government may establish safety zones around artificial islands, off-shore terminals, installations and other structures, devices constructed, maintained and operated within the internal waters, the territorial sea, the exclusive economic. zone and the continental shelf by the Federal Government or by a person or company under a licence issued by the Federal Government.

(2) The limits of safety zones mentioned in sub-section (I) shall not exceed a distance of five hundred meters around them, measured from each point of their outer edge except as authorized by generally accepted international standards.

(3) All ships, vessels and boats while navigating in the vicinity of the artificial islands, off-shore terminals, installations and other structures and devices shall comply with the laws and regulations and orders issued by the Federal Government or any authority or person duly authorized in this behalf by the Federal Government for the safety of the navigation and the artificial islands, off-shore terminals, installations, other structures and devices.

  1. Delimitation of maritime boundaries.–(1) Notwithstanding anything contained in any other law for the time being in force and any other provision of this Act, the delimitation of the territorial sea, contiguous zone, the exclusive economic zone, the continental shelf and other maritime zones between Pakistan and any other state whose coast is opposite or adjacent to that of Pakistan shall be determined by agreement between Pakistan and such state.

(2) Every agreement referred to in sub-section (1) shall be published in the official Gazette as soon as it enters into force.

  1. Publication of charts.–The Federal Government may cause to be published in official charts the baseline referred to in sub-section (3) of Section 3, the boundaries of the territorial sea, the contiguous zone, the exclusive economic zone, the continental shelf and other maritime boundaries as referred to in Section 11.
  2. Removal of off-shore installations.–(1) Subject to any action under any other law for the time being in force and any other provision of this Act, the Federal Government or any authority or a person duly authorized in this behalf by the Federal Government, may direct a person or company to remove within the time given by the Federal Government or the authorized person or authorized authority, the artificial island, off-shore terminal, installation and other structure or device, constructed, maintained or operated or any vessel, aircraft, platform or other man-made structure dumped by that person or company in contravention of any provisions of the Act.

(2) In case such person or company mentioned in sub-section (1) fails to remove such artificial island, off-shore terminal, installation, vessel, aircraft platform or other structure, the Federal Government or any authority or person duly authorized in this behalf by the Federal Government may remove such artificial island, off-shore terminal, installation, vessel, aircraft and any other structure or device, at the risk and cost of such person or company:

  1. Prohibition of pollution.–No person, vessel or company shall cause or attempt to cause or abet to cause the pollution of marine environment in the internal waters, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf.

Explanation.–For the purpose of this section, the expression “pollution of marine environment”, means the introduction by a person, directly or indirectly, of substance or energy into the marine environment, including estuaries which result or is likely to result in such deleterious effects as harmful to living resources and marine life, hazardous to human health, hindrance to marine activities, including fishing and other legitimate uses of the sea, impairment of quality for use of sea water and reduction of amenities.

  1. Prohibition of dumping.–No person, vessel or company shall cause or attempt to cause or abet to cause the dumping in the internal waters, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf, except under and in accordance with the terms of a licence or letter of authority issued by the Federal Government or any other authority or person duly authorized in this behalf by the Federal Government.

Explanation.–For the purpose of this section, the expression “dumping” means,–

(a)      any deliberate disposal of wastes or other matters from vessels, aircraft, platforms or other man-made structures at sea; and

(b)      any deliberate disposal of vessels, aircraft, platforms or other man­made structures at sea but does not include–

(i)       the disposal of wastes or any other matter incidental to or derived from the normal operations of vessels, aircraft, platforms or other man-made structures at sea and their equipment, other than wastes or other matters transported by or to vessels, aircraft, platforms or other man-made structures at sea operating for the purpose of disposal of such mater or derived from the treatment of such wastes or other matters on such vessels, aircraft, platforms or structures;

(ii)      placement of matter for a purpose other than the mere disposal thereof, provided that such placement is not contrary to any provisions of this Act.

  1. Jurisdiction onboard a foreign ship.–(1) Where an offence is committed onboard a foreign ship, being a merchant ship or government ship operated for commercial purposes, during its passage through the territorial sea, jurisdiction may be exercised, in relation to such offence, only if;

(a)      the consequences of the offence extends to the territory of Pakistan;

(b)      the offence is of a kind likely to disturb the peace of Pakistan or good order of the territorial sea;

(c)      the assistance of the Federal Government or any public officer has been requested by the matter, of the foreign ship or by a diplomatic agent or consular officer of the relevant foreign state; or

(d)      it is necessary to exercise jurisdiction for the purpose of suppressing any illicit traffic in narcotic drugs or psychotropic substances or weapons, unauthorized broadcasting or any act of piracy and slave trade.

Explanation.–For the purpose of clause (d), the expression “unauthorized broadcasting” means the transmission of sound radio or television broadcasts from a ship or installation in the exclusive economic zone or on the high seas intended for reception by the people of Pakistan contrary to the international regulations, but excluding the transmission of distress call.

(2) The limitation in sub-section (1) shall not apply in any case where a foreign ship is passing through the territorial sea after leaving the internal waters.

(3) Subject to sub.–section (1), where a foreign ship proceeding from a port outside Pakistan is passing through the territorial sea without having entered internal waters, jurisdiction may be exercised in relation to any offence committed before the ship entered the territorial sea, onboard the ship during the passage only if–

(a)      there are grounds for believing that the ship has, in the exclusive economic zone or the continental shelf, committed a violation of–

(i)       any provision of law of Pakistan applicable in the exclusive economic zone and the continental shelf for exploration or exploitation of the natural resources whether living or non-living;

(ii)      any provision of law of Pakistan and any international rule or standard applicable in the exclusive economic zone or the continental shelf; or

(iii)     any provision of the regulations or any enactment conforming to and giving effect to any such rules and standards;

(b)      there are reasonable grounds for believing that violation has resulted in a substantial discharge causing or threatening significant pollution of the marine environment; or

(c)      there is clear evidence that violation has resulted in a substantial discharge causing major damage or threat of major damage to the coastline of Pakistan or to any resources of its territorial sea or exclusive economic zone or continental shelf.

  1. Pollution and dumping outside internal waters, contiguous zone, territorial sea or exclusive economic zone.–(1) When a foreign ship which voluntarily within a port or at an off-shore terminal of Pakistan has caused marine pollution or dumping as defined in Sections 14 and 15, outside the internal waters, the territorial sea or the exclusive economic zone and the continental shelf, which has caused or is likely to cause pollution in the internal waters, the territorial sea or the excuse economic zone, the master and the person in charge of such ship shall be deemed to have committed the offence liable for the punishment under Section 27.

(2) The owner and agent of the ship mentioned in sub–section (1) shall also be deemed to have committed the offence liable for punishment under Section 27 unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of that offence.

  1. Seaworthiness of ships to avoid pollution or dumping.–When the Federal Government, or any authority or person duly authorized in this behalf by the Federal Government, has reasons to believe that a foreign ship within one of the ports or at one of the off-shore terminals of Pakistan, in violation of generally accepted international rules and standards relating to seaworthiness of such ships, is likely to cause pollution or dumping as defined in Sections 14 and 15, in the internal waters, the territorial sea or the contiguous zone or the exclusive economic zone or the continental shelf, the Federal Government, or any authority or person duly authorized in this behalf by that Government, may as far as practicable take administrative measures to prevent such ship from sailing and may permit such ship to proceed only to the nearest appropriate repair yard and upon removal of the causes of the violations may permit the ship to continue immediately.
  2. Hot pursuit.–(1) When the Federal Government, or any authority or person duly authorized in this behalf by the Federal Government, has reason to believe that a foreign ship has violated the laws or regulations of Pakistan, it or he may undertake the hot pursuit for the arrest of that ship.

(2) Hot pursuit commences when the foreign ship or one of its boats or other craft working as a team and using the ship pursued as a mother ship is within the limits of the internal waters, territorial sea or contiguous zone of Pakistan.

(3) If the foreign ship is in the contiguous zone of Pakistan, the hot pursuit may be undertaken if there has been a violation of the laws or regulations for which the zone was established.

(4) As long as the hot pursuit is not interrupted, it may continue outside the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf as the case may be. The hot pursuit ceases soon as the ship pursued enters the territorial sea of its own country or of a third country. The right of hot pursuit shall be exercised by warships or military aircraft of Pakistan, or by ships or aircraft clearly marked and identifiable as being on Federal Government service and duly authorized in this behalf by the Federal Government or any authority or person duly authorized by the Federal Government

(5) In case of violations of laws or regulations applicable in the exclusive economic zone or on the continental shelf, the hot pursuit may commence when the ship pursued or one of it boats using the ship pursued as a mother ship, is within the limits of the exclusive economic zone or continental shelf as the case may be.

Explanation. For the purpose of this section,–

(a)      the expression “warship” includes all ships of the Pakistan Navy and the Pakistan Maritime Security Agency; and

(b)      the expression “military aircraft” includes an aircraft of the Pakistan Army, Pakistan Navy, Pakistan Air Force and the Pakistan Maritime Security Agency.

  1. Foreign warships.–A foreign warship and other state owned ships used and operated by the government thereof for non-commercial purposes shall not be arrested or taken into custody under any provision of this Act. In such cases, a written report shall be submitted immediately to the Federal Government or any authority or person duly authorized in this behalf by the Federal Government.

Explanation.–For the purpose of this section, the expression “warship” means a ship belonging to the armed forces of a State bearing the external marks distinguishing such ship of its nationality, under the command of an officer duly commissioned by that state and whose name appears in the appropriate service list or its equivalent and manned by a crew which is under regular armed forces discipline.

  1. Attempt and abetment.–Whoever attempts to contravene or abets the contravention of any provision of this Act shall be deemed to have contravened the provisions of this Act and rules made thereunder.
  2. Trial of Offences.–(1) Unless otherwise provided under the provisions of this Act, any person committing an offence under the provisions of this Act shall be punishable under Section 27 or under any of the laws extended under this Act and shall be tried by a Court of Sessions designated by the Federal Government inconsultation with Chief Justice of the High Court of the respective province. in this behalf.

(2) Without prejudice to the provisions of the Pakistan Maritime Security Agency Act, 1994 (X of 1994), no proceedings shall be initiated under this Act except on a complaint in writing to the competent Court of Sessions made by Pakistan Maritime Security Agency or Pakistan Navy.

  1. Arrest without warrant.–Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898), any person who contravenes any provisions of this Act may be arrested without warrant by the commanding officer of a ship, vessel or boat of the Pakistan Navy and the Pakistan Maritime Security Agency, not below the rank of lieutenant. The arresting officer may also take into custody any ship, vessel, boat, equipment and gear used and any artificial island, off-shore terminal, installation, structure and device constructed, maintained and operated and any property acquired, possessed or disposed of in contravention of any provision of this Act.
  2. Visit and search.–For the purposes of this section, the commanding officer may board or send a boarding party to any ship or vessel suspected of being used or any artificial island, off-shore terminal installation or any other structure or device suspected of being constructed, maintained or operated in contravention of any provisions of this Act for investigation, inspection, search and checking documents.
  3. Procedure after arrest.–The officer making an arrest under Section 23 shall, without unnecessary delay, take or produce the person arrested before the officer in charge of the police station or the Court, having jurisdiction in the case and thereupon the provisions of the Code of Criminal Procedure, 1898 (V of 1898), relating to investigation of cognizable offences and trial before the Court of Sessions, shall apply.
  4. Disposal of perishable property.–In case any property taken into custody under Section 23 is a perishable item, the same may be disposed of under orders of the Court having jurisdiction in the ease and if it is sold, its value shall be treated as property taken into custody under that section.
  5. Punishment.–(1) Whoever contravenes any provision of this Act or any rule, regulation or notification made or issued thereunder shall, without prejudice to any other action which may be taken against such person under any other provision of this Act or of any other law for the time being in force be punishable by imprisonment for a term which may extend to five years or with fine or with both.

(2) Notwithstanding any provision of any other law for the time being in force, any ship, vessel, boat, equipment and gear and any artificial island, off-shore terminal, installation and other structure or device used for commission of the offence and any property acquired, possessed or disposed of in commission of an offence under this Act shall be forfeited to the Federal Government.

  1. Piracy.–A person commits piracy, if he commits any one or more of the following acts, namely:–

(a)      any illegal act of violence or detention, depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft and directed.–

(i)       against another ship or aircraft or against persons or property onboard such ship or aircraft; or

(ii)      against a ship, aircraft, persons or property on high seas or in a place outside the jurisdiction of any state; and

(b)      any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;

(c)      any act of abetting or inciting or of intentionally facilitating an act specified in c1auses (a) or(b).

  1. Punishment for piracy.–Whoever commits piracy shall be punishable with imprisonment which may extend to ten years and if, while committing the offence, commits murder shall also be liable to imprisonment for life or with death.
  2. Armed robbery against ships.–Whoever, by any unlawful act of violence or detention or any act of depredation or threat thereof, other than act of piracy, directed against the ship or against persons or property onboard a ship in the territorial sea, commits or attempts to commit the armed robbery against ships shall be liable to punishment under Section 27.
  3. Offences by companies.–Where an offence punishable under Section 27 has been committed by a company, any person who, at the time the offence was committed, was in charge of and was responsible to the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly, provided that nothing contained in this section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offence.
  4. Power to make rules.–(1) The Federal Government may, by notification in the official Gazette, make rules for carrying 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)      regulation of the conduct of any person in the territorial sea, contiguous zone, the exclusive economic zone, the continental shelf or any other maritime zone of Pakistan;

(b)      regulation of the exploration, development, exploitation, conservation and management of the resources of the contiguous zone, the continental shelf and exclusive economic zone;

(c)      regulation of the construction, maintenance and operation of artificial islands, off-shore terminals, installations and other structures and devices;

(d)      preservation and protection of the marine environment and prevention, reduction and control of marine pollution;

(e)      authorization, regulation and control of the conduct of marine scientific research;

(f)       fees in relation to licences and letters of authority;

(g)      any matter relating to implementation of the convention and other such conventions; and

(h)      any matter incidental to any of the matters specified in this Act,

 

  1. Delegation.–The Federal Government may, by notification in the official Gazette and subject to such conditions as may be specified in the notification, direct that all or any of its powers under this Act or rules made thereunder shall also be exercisable by an authority or officer subordinate to it or by a provincial government or any authority or officer subordinate to it.
  2. Repeal and savings.–(1) The Territorial Waters and Maritime Zones Act, 1976 (LXXXII of 1976) is hereby repealed.

(2) Everything done and all actions, liabilities or proceedings commenced or power conferred, rules made and notifications issued, under any provision of the said repealed Act shall continue in force and be deemed to have been respectively done, taken, incurred, commenced, appointed, authorized, conferred, made or issued under this Act.

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ACT NO. XX OF 2023

MEMBERS OF MAJLIS-E-SHOORA (PARLIAMENT) IMMUNITIES AND PRIVILEGES ACT, 2023

An Act to provide for the members of Majlis-e-Shoora (Parliament) immunities and privileges

[Gazette of Pakistan, Extraordinary, Part-I, 6th May, 2023]

No. F. 23(9)/2023-Legis., dated 5.5.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 3rd May, 2023 is hereby published for general information:–

WHEREAS clause (2) of Article 66 of the Constitution of the Islamic Republic of Pakistan provides, inter-alia, that immunities and privileges of members of Majlis-e-Shoora (Parliament) may be determined by law;

AND WHEREAS it is expedient to provide a law for exemption from preventive detention, safeguards against arrest, for specified periods;

Now THEREFORE the Majlis-e-Shoora (Parliament) enacts the following Act:-

  1. Short title, extent and commencement.–(1) This Act shall be called the Members of Majlis-e-Shoora (Parliament) Immunities and Privileges Act, 2023.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

  1. Definitions.–In this Act, unless there is anything repugnant in the subject or context,–

(a)      “Assembly” means the National Assembly of Pakistan;

(b)      “Chairman” means the Chairman of the Senate;

(c)      “member” means a member of the Senate of Pakistan or the National Assembly;

(d)      “Senate” means the Senate of Pakistan;

(e)      “session” means the period commencing on the day of the first sitting of the Senate or the Assembly after having been summoned until the Senate or Assembly is prorogued; and

(f)       “Speaker” means the Speaker of the National Assembly.

  1. Arrest under preventive detention laws.–No member shall be detained under any law pertaining to preventive detention once the session is summoned by the President or the Chairman or Speaker, as the case may be.
  2. Registration of cases.–When a first information report (FIR) is registered or reference is filed, against a member, the Chairman of Speaker, as the case may be, shall be informed and copy of the FIR or reference, as the case may be, shall be provided within twenty-four hours of such registration or filing.
  3. Intimation of arrest detention, etc., of a member.–(1) When a member is required to be arrested or arrested on a criminal charge or for a criminal offence or is sentenced to be imprisonment by a Court or is detained under an executive order, the committing judge, magistrate or, as the case may be, executive authority, shall immediately intimate such fact to the Chairman or Speaker, as the case may be, indicating the reasons for the arrest, detention or imprisonment of the member.

(2) When a member is summoned by or required to appear before any commission, tribunal, authority, organization, agency or other, for any investigation or inquiry, as the case may be, the Chairman or Speaker, as the case may be, shall be informed in respect of the same, by intimating the brief facts and reasons thereof.

  1. Intimation on release of a member.–When a member after his arrest or detention is released on bail or otherwise or is acquitted of a criminal charge, such fact shall be intimated to the Chairman or Speaker, as the case may be, by the authority concerned.
  2. Production of member in custody.–(1) The Chairman, Speaker or, as the case may be, chairman of a committee of the Senate or Assembly shall summon a member in custody on the charge of any offence or under any law related to preventive detention to attend a sitting or sittings of the Senate, Assembly or meeting of a committee of which he is a member.

(2) On a production order under sub-section (1) signed by the secretary or by any other officer authorized by the Chairman, Speaker, as the case may be, in this behalf, addressed to the Federal Government or, as the case may be, the Provincial Government where the member is held in custody, or to the authority having or holding custody of the member, the Federal Government or the Provincial Government or such other authority, shall cause the member in custody to be produced before the sergeant-at-arms of the Senate or, as the case may be, who shall after the conclusion of the Assembly sitting on the meeting, deliver the member into the custody of the Federal Government or the Provincial Government or other authority, as the case may be.

  1. Exemption from arrest.–No member shall be detained or arrested one week before the commencement of a session in which he is required to–

(a)      a vote for election of the Prime Minister or the Chief Minister; or

(b)      for a vote of confidence or a vote of no confidence; or

(c)      for a money bill (Annual Budget).

  1. Arrest within the precincts of Majlis-e-Shoora (Parliament).–No member shall be arrested within the precincts of Majlise-Shoora (Parliament) without the permission of the Chairman or Speaker, as the case may be.
  2. Service of legal process.–A legal process issued by any Court, tribunal or other authority shall not be served on a member within the precincts of Majlis-e-Shoora (Parliament).
  3. Act not to prejudice, restrict or limit any other immunities and privileges.–The provisions of this Act shall be in addition to, and not in derogation of, any powers, immunities and privileges of the members which may from time to time be defined by law or which are enjoyed by the members, or any law relating to immunities and privileges, and nothing contained herein shall prejudice, restrict or limit, all or any of the immunities and privileges enjoyed by the members or available to the members under any law or otherwise.

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ACT NO. XXI OF 2023

FEDERAL EMPLOYEES BENEVOLENT FUND AND GROUP INSURANCE (AMENDMENT) ACT, 2023

An Act further to amend the Federal Employees Benevolent Fund and Group Insurance Act, 1969

[Gazette of Pakistan, Extraordinary, Part-I, 18th May, 2023]

No. F. 9(47)/2022-Legis., dated 16.5.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 12th May, 2023 and is hereby published for general information:-

WHEREAS it is expedient further to amend the Federal Employees Benevolent Fund and Group Insurance Act, 1969 (II of 1969), for the purposes hereinafter appearing;

It is hereby enacted as follows:-

  1. Short title and commencement.–(1) This Act shall be called the Federal Employees Benevolent Fund and Group Insurance (Amendment) Act, 2023.

(2) It shall come into force at once.

  1. Amendment of Section 13, Act II of 1969.–In the Federal Employees Benevolent Fund and Group Insurance Act, 1969 (II of 1969), hereinafter called as the said Act, in Section 13, in sub-section (5), for the expression “9th day of February, 2015”, the expression “15th day of June, 2013” shall be substituted.
  2. Amendment of Section 15A, Act II of 1969.–In the said Act, in Section I5-A, for the expression, “9th day of February, 2015”, the expression “15th day of June, 2013” shall be substituted.

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ACT NO. XXII OF 2023

PAKISTAN INSTITUTE OF RESEARCH AND REGISTRATION OF QUALITY ASSURANCE
ACT, 2023

An Act to provide for the establishment of the Pakistan Institute of Research and Registration of Quality Assurance

[Gazette of Pakistan, Extraordinary, Part-I, 24th May, 2023]

No. F. 24(23)/2023-Legis., dated 23.5.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 22nd May, 2023 and is hereby published for general information:–

WHEREAS it is necessary to provide for the establishment of the Pakistan Institute of Research and Registration of Quality Assurance in the private sector and to provide for matters connected therewith and ancillary thereto;

It is hereby enacted as follow :-

CHAPTER-I

PRELIMINARY

  1. Short Title, Extent and Commencement.–(1) this Act may be called the Pakistan Institute of Research and Registration of Quality Assurance Act, 2023.

(2) It shall extend to whole of Pakistan.

(3) It shall come into force at once.

  1. Definitions.–In this Act, unless there is anything repugnant in the subject or context:–

(a)      “Academic Council” means the Academic Council of the Institute;

(b)      “Authority” means any of the Authorities of the Institute setup under Section 18;

(c)      “Board” means the Board of Governors of the Institute;

(d)      “Chancellor” means the Chancellor of the Institute;

(e)      “College” means a constituent college;

(f)       “Commission” means the Higher Education Commission of Pakistan set up under the Higher Education Commission Ordinance, 2002 (LIII of 2002);

(g)      “Company” means the Pakistan Institute of Research and Registration of Quality Assurance (Pvt) Limited, registered vide Corporate Unique No. 0207663 with the Security and Exchange Commission of Pakistan;

(h)      “Constituent College” means an educational institution, by whatever name described, maintained and administered by the Institute;

(i)       “Dean” means the head of a faculty or the head of an academic body granted the status of faculty by this Act or by Statues or Regulations:

(j)       “Department” means a teaching department maintained and administered or recognizes by the institute in the manner prescribed;

(k)      “Director” means the head of an institute established as a constituent institution by the Institute by statute or regulations in terms of the powers delegated by this Act;

(l)       “Institute Teacher” means a whole-time teacher appointed and paid by the Institute or recognized by the institution;

(m)     “Faculty” means an administrative and academic unit of the Institute consisting of one or more Departments/ Schools;

(n)      “Government” means the Federal Government;

(o)      “Institute” means the Pakistan Institute of Research and Registration of Quality Assurance;

(p)      “Officer” means any officer(s) of the Institute;

(q)      “Patron” means the Patron of the Institute;

(r)      “Prescribed” means prescribed by Statutes, regulations or rules made under this Act;

(s)      “Principal” means the head of a Constituent unit/ collage;

(t)      “Professor Emeritus” means a retired Professor appointed by the Chancellor on honorary basis;

(u)      “Registrar” means the Registrar of the Institute;

(v)      “Representation Committees” means the representation committees constituted under Section 28;

(w)     “Review Panel” means the Review Panel setup by the Chancellor in accordance with the provisions of this Act;

(x)      “Schedule” means Schedules under this Act;

(y)      “Search Committee” means the search committee set up by the Board of Governors under this Act;

(z)      “Statutes”, “Regulations” and “Rules” means respectively the Statutes, the Regulations and the Rules made under this Act and for the time being inforce;

(za)    “Syndicate” means the Syndicate of the Institute constituted under this Act;

(zb)    “Teacher” includes Professor, Associate Professor, Assistant Professor and Lecturer engaged whole-time by the Institute, or by a constituent college and such other persons as may be declared to be teacher by regulations; and

(zc)     “Vice-Chancellor” means the Vice-Chancellor of the Institute.

CHAPTER-II

THE INSTITUTE

  1. Establishment and Incorporation of the Institute.–(1) There shall be established at Gwadar a Institute to be called the Pakistan Institute of Research and Registration of Quality Assurance consisting of:

(a)      the Patron, the Chancellor, the Vice-Chancellor, the members of the Board of Governors and Syndicate;

(b)      the members of the Authorities of the institute established under this Act;

(c)      all Institute teachers and persons recognized as student of the institute in accordance with the terms prescribed from time to time; and

(d)      all other full time officers and members of the staff of the institute.

(2) The Institute shall be a body corporate by such name as may by notified and shall have perpetual succession and a common seal, and may sue and be sued by the said name.

(3) The principal seat of the Institute shall be at Gwadar and it may set up its campuses, colleges/schools, institutes, offices, research/study centers, medical and engineering testing labs and monitoring, surveying, registration and certification of non-government organizations and other facilities at such places in Pakistan as Board of Governors may determine. The additional campuses shall be setup in other parts of the country only after their evaluation by the Higher Education Commission to determine whether they meet the eligibility criteria fixed by the Commission.

(4) The Institute shall be competent to acquire and hold property, both movable and immovable, and to lease, sell or otherwise transfer any movable and immovable property which may have become vested in or been acquired by it

(5) Notwithstanding anything contained in any other law for the time being in force, the Institute shall have academic, financial and administrative autonomy, including the power to employ officers, teachers and other employees on such terms as may be prescribed, subject to the terms of this Act and the Higher Education Commission Ordinance, 2002 (LIII of 2002). In particular, and without prejudice to the authority granted to the Commission by the law, the Government or an authority or auditor appointed by the Government shall have no power to question the policy underlying the allocation of resources approved by the Board of Governors in the annual budget of the Institute.

  1. Functions and Powers of the Institute.–The institute shall be an autonomous body and shall have the powers to–

(a)      provide for teaching and training in faculties of Computer Sciences and Information Technology, Management Sciences and Business Administration, Law, Commerce, Humanities, and Social Sciences, Art and Fashion Designing, Engineering, Architecture and Design, Natural Sciences, Food and Culinary Sciences, Pharmaceutical Sciences, Survey, Monitoring and Quality Assurance, medical and engineering testing labs and monitoring, surveying and certification of non-government organizations and Blue Economy and any other branches of knowledge as the Board of Governors may determine and, where applicable, subject to the prior approval of the relevant statutory body of professional education;

(b)      decide teaching methods and strategies in order to ensure the most effective educational and training programs that may include virtual, on-campus, online, distance learning, lectures, tutorials, discussions, courses of studies, seminars, conferences, demonstrations and other methods of instructions as well as practical work, workshops, internship, apprenticeship in the industries, financial institutions, medical and engineering and other testing laboratories, hospitals, and monitoring, surveying, registration and certification of non-government and other organizations etc.;

(c)      hold examinations and to award and confer degrees, diplomas, certificates and other academic distinctions to and on persons who have been admitted to and have passed its examinations under prescribed conditions;

(d)      award degree, diploma, certification, registration and other academic distinction to the person and organization who fulfilled all the mandatory prerequisites, codal formalities and completion of due diligence for this purpose;

(e)      confer honorary degree on a person of eminence subject to the prior approval of the Chancellor;

(f)       offer employment/promotion as Professor, Associate Professor, Assistant Professor, Lecturer, Teaching Fellow, Research Associate, Research Assistant, Principal Officers and other employees for teaching/ research/administrative work in the Institute;

(g)      to institute a programs for exchange of students and teachers between the students and other institutes, universities and other educational institutions and research organizations, medical and engineering labs and non-government organizations, inside as well as outside Pakistan;

(h)      allow the credit transfer of study spent by a student of the Institute at any other institute or place of learning equivalent to credit transfer of study of the Institute and may withdraw such acceptance as per prevalent policy;

(i)       promote extracurricular and recreational activities of the students and make arrangements for promoting the health-and general welfare of the students;

(j)       institute, and collaborate with a national or international institute/ authority, public/private research/commercial/industrial enterprise for the students/faculty exchange faculty training/ research/ advisory/consultancy services in the manner and for such purpose as may be prescribed;

(k)      sandwich Programs and Split Programs between National and International Universities;

(l)       create a post for teaching/administration/training/ research or other related purpose;

(m)     may enter into, carry out, vary or cancel contracts where necessary;

(n)      print and publish Research or other Intellectual Patents; and perform any other prescribed Ancillary Function;

(o)      make provision for Research, Monitoring, Survey, Quality Assurance, registration, certifications after completion of due diligence and codal formalities, Advisory or Consultancy Services, sign MoUs and enter into arrangements with any other Institution, Public or Private Body, Commercial or Industrial enterprise in the prescribed manner, receive and manage property transferred and grants, contributions made to the Institute and to invest any fund in the manner as it may deem fit;

(p)      develop and implement fundraising plans;

(q)      demand and receive such fees and other charges from the students as it may determine from time to time;

(r)      start financial aid programs for students in need, to the extent considered feasible by the Board of Governors given the resources available, so as to enable admission and access to the Institute and the various opportunities provided by it to be based on merit rather than ability to pay;

(s)      receive, manage, transfer and dispose of property, grants, contributions made to the Institute and to invest any fund in the manner as it may be prescribed;

(t)      maintain order, discipline and security in the campus of the Institute;

(u)      perform any other prescribed or ancillary function;

(v)      to prescribed terms and conditions of the employment of the officers, teachers and other employees of the institute and to lay down terms and conditions that they may be different from those applicable to government servants in general;

(w)     to accept the examination passed and the period of study spent by students of institutes at other universities and place of learning equivalent to such examinations and periods of study in the institute, as it may prescribed, and to withdraw such acceptance; and

(x)      to co-operate with other universities, public authorities or private organizations, inside as well as outside Pakistan, in such manner and for such purpose as it may prescribe.

  1. Institute open to all classes, creeds, etc.–(1) The Institute shall be open to all persons of either gender and of whatever religion, race, creed, class, color or domicile and no person shall be denied privileges of the Institute on the grounds of religion, race, caste, creed, class, color or domicile.

(2) An increase in any fee or charge that is in excess of ten percent per annum on an annualized basis from the last such increase may not be made except in special circumstances, and only with the approval of the Chancellor.

(3) The Institute shall institute financial aid programmers for students in need, to the extent considered feasible by the Board of Governors given the resources available, so as to enable admission and access to the Institute and the various opportunities provided by it to be based on merit rather than ability to pay.

  1. Teaching at the Institute.–(1) All recognized teaching in various courses shall be conducted by the Institute or the colleges in the prescribed manner and may include lectures, tutorials, discussions, seminars, demonstrations and other methods of instruction as well as practical work in the laboratories, hospitals, workshops and other organizations.

(2) The institute may setup any number of campuses, at such places in Pakistan or abroad as the Board of Governors may determine and with prior approval of Higher Education Commission.

CHAPTER-III

OFFICERS OF THE INSTITUTE

  1. Officer of the Institute.–The following shall be the officers of the Institute, namely:–

(a)      The Patron;

(b)      The Chancellor;

(c)      The Vice-chancellor;

(d)      The Deans;

(e)      The Principals of the constituent col1egcs/ units;

(f)       The Head of the teaching departments;

(g)      The Registrar;

(h)      The Treasurer;

(i)       The Controller of Examinations;

(j)       The Controller of Certification, Registration, Monitoring and Quality Assurance; and

(k)      Such other persons as may be prescribed by the statutes or regulations to be the principle officers of the Institute.

  1. Patron.–(1) The President of the Islamic Republic of Pakistan shall be the Patron of the Institute.

(2) The Patron shall, when present, preside at the convocation of the Institute. In the absence of the Patron, the Board of Governors may request a person of eminence or the Chancellor to preside over the convocation of the Institute.

(3) Every proposal to confer an honorary degree shall be subject to confirmation by the Patron.

  1. Visitation.–(1) The Patron may, in accordance with the terms and procedures as may be prescribed, cause an inspection or inquiry to be made on his on motion or at the request of the Higher Education Commission in respect of any matter connected with the affairs of the Institute and shall, from time to time, direct any person or persons to inquire into or carry out inspection of:

(a)      the Institute, its building, laboratories, libraries and other facilities;

(b)      any institution, department or hostel maintained by the Institute;

(c)      the adequacy of financial and human resources;

(d)      the teaching, research, curriculum, examination and other matters of the Institute; and

(e)      such other matters as the Patron may specify.

(2) The Patron shall communicate to the Board of Governors his views with regard to the result of visitation and shall, after ascertaining the views of the Board of Governors, advise the Chancellor on the action to be taken by it.

(3) The Chancellor shall, within such time as may be specified by the Patron, communicate to him such action, if any, as has been taken or may be proposed to be taken upon the results of visitation.

(4) Where the Board of Governors does not, within the time specified, take action to the satisfaction of the patron, the Patron may issue such directions as he deems fit and Board of Governors shall comply with all such directions.

  1. Chancellor.–(1) One of the Directors of the Smart Higher Education Services (Pvt.) Limited with the mutual consent of the other Directors of the company shall be Chancellor and chairperson of Board of Governors.

(2) The members of the Board of Governors as well as the Vice-Chancellor shall be appointed by the Chancellor from amongst the persons recommended by the Representation Committee set up for this purpose or the Search Committee established in accordance with this Act and the statutes, as the case may be, along with those elected.

(3) If the Chancellor is satisfied that serious irregularity or mismanagement with respect to the affairs of the Institute has occurred, he may,–

(a)      as regards proceedings of the Board of Governors, direct that specified proceedings be reconsidered and appropriate action taken within one month of the direction having been issued:

Provided that if the Chancellor is satisfied that either no reconsideration has been carried out or that the reconsideration has failed to address the concern expressed he may, after calling upon the Board of Governors to show-cause in writing, appoint a five member Review Panel to examine and report to the Chancellor on the functioning of the Board of Governors. The report of the Review Panel shall be submitted within such time as may be prescribed by the Chancellor. The Review Panel shall be drawn from persons of eminence in academics and in the fields of law, accountancy and administration; and

(b)      as regards proceedings of any Authority or with respect to matters within the competence of any Authority other than the Board of Governors, direct the Board of Governors to exercise powers under this Act.

(4) The Chancellor may remove any person from the membership of any authority if such person has been:–

(a)      found of unsound mind; or

(b)      incapacitated to function as a member of such Authority; or

(c)      convicted by a Court of law for an offence involving moral turpitude; or

(d)      found indulging in any activity against the interest of the Institute.

(5) If the Chancellor be incapacitated from acting as such due to absence or any other cause, the Vice-Chancellor or a nominee of the Chancellor shall act for him.

  1. Removal from the Board of Governors.–(1) The Chancellor may, upon the recommendation of the Review Panel, remove any person from the membership of the Board of Governors on the ground that such person:

(a)      has become of unsound mind; or

(b)      has become incapacitated to function as member of the Board of Governors; or

(c)      has been convicted by a Court of law for an offence involving moral turpitude; or

(d)      has absented himself from two consecutive meetings without just cause; or

(e)      has been guilty of misconduct, including use of position for personal advantage of any kind, or gross inefficiency in the performance of functions.

(2) The Chancellor shall remove any person from the membership of the Board of Governors on a resolution calling for the removal of such person supported by at least three-fourth of the membership of the Board of Governors:

Provided that before passing such resolution, the Board of Governors shall provide the member concerned a fair hearing:

Provided further that the provisions of this section shall not be applicable to the Vice-Chancellor in his capacity as a member of the Board of Governors.

  1. Vice-Chancellor.–(1) There shall be a Vice-Chancellor of the Institute who shall be an eminent academician or a distinguished administrator and shall be appointed on such terms and conditions as may be prescribed.

(2) The Vice-Chancellor shall be the chief executive officer of the Institute responsible for all administrative and academic functions of the Institute and for ensuring that the provisions of this Act, statutes, regulations and rules are faithfully observed to promote the general efficiency and good order of the Institute. The Vice-Chancellor shall have all powers prescribed for this purpose, including administrative control over all the officers, teachers and other employees of the institute.

(3) The Vice-Chancellor shall, if present, be entitled to attend any meeting of any authority or body of the Institute.

(4) The Vic-Chancellor, in an emergency requiring immediate action ordinarily not in competence of the Vice-Chancellor, may take such action and forward, within seventy two hours, a report of the action taken to the members of the Emergency Committee of the Board of Governors to be set up by statute.

The Emergency Committee may direct such other further action as considered appropriate.

(5) The Vice-Chancellor shall also have the following powers, namely:–

(a)      to direct teachers, officers and other employees of the Institute to take up such assignments in connection with examination, administration and such other activities in the Institute as he may consider necessary for the purposes of the Institute:

(b)      to sanction by re-appropriation an amount, not exceeding an amount prescribed by the Board of Governors, for an unforeseen item not provided for in the budget and report it the Board of Governors at the next meeting;

(c)      to make appointment of such categories of employees of the Institute and in such manner as may be prescribed by the statutes;

(d)      to suspend, punish and remove from service, in accordance with prescribed procedure, officers, teachers and other employees of the Institute except those appointed by or with the approval of the Board of Governors;

(e)      to delegate, subject to such conditions as may be prescribed, any of his powers under this Act to an officer or officers of the Institute; and

(f)       to exercise and perform such other powers and functions as may be prescribed.

(6) The Vice-Chancellor shall preside at the convocation of the Institute in the absence of the Chancellor.

(7) The Vice-Chancellor shall present an annual report before the Board of Governors within three months of the close of the academic year. The annual report shall present such information as regard the academic year under review as may be prescribed, including disclosure of all relevant facts pertaining to,–

(a)      Academics;

(b)      Research;

(c)      Administration; and

(d)      Finances.

  1. Appointment and Removal of the Vice-Chancellor.–(1) The Vice-Chancellor shall be appointed by the Chancellor on recommendations made by the Board of Governors.

(2) A Search Committee for the recommendation of persons suitable for appointment as Vice-Chancellor shall be constituted by the Board of Governors on the date and in the manner prescribed by the Statutes and shall consist of two eminent members of society nominated by the Chancellor, of whom one shall be appointed the Convener, two members of the Board of Governors, two distinguished Institute Teachers who are not members of the Board of Governors and one academician of eminence not employed by the Institute. The two distinguished Institute. Teachers shall be selected by the Board of Governors through a process, to be prescribed by the Board of Governors that provides for the recommendation of suitable names by the Institute Teachers in general. The Search Committee shall remain in existence till such time that the appointment of the next the Vice-Chancellor has been made by the Chancellor.

(3) The persons proposed by the Search Committee for appointment as Vice-chancellor shall be considered by the Board of Governors and of these a panel of three, in order of priority, shall be recommended by the Board of Governors to the Chancellor:

Provided that the Chancellor may decline to appoint any of the three persons recommended and seek recommendations of a fresh panel. In the event of a fresh recommendation being sought by the Chancellor the Search Committee shall make a proposal to the Board of Governors in the prescribed manner.

(4) The Vice-Chancellor shall be appointed for a renewable tenure of four years on terms and conditions prescribed by statute. The tenure of an incumbent Vice-Chancellor shall be renewed by the Chancellor on receipt of a resolution of the Board of Governors in support of such renewal:

Provided that the Chancellor may, call upon the Board of Governors to reconsider such resolution once.

(5) The Board of Governors may. pursuant to a resolution in this behalf passed by three-fourth of its membership, recommend to the Chancellor the removal of the Vice-Chancellor on the ground of Inefficiency, moral turpitude or physical or mental incapacity or gross misconduct, including misuse of position for personal advantage of any kind:

Provided that the Chancellor may make a reference to the Board of Governors stating about instance of inefficiency, moral turpitude or physical or mental incapacity or gross misconduct on the part of the Vice-Chancellor that has come to his notice. After consideration of the reference the Board of Governors may, pursuant to a resolution in this behalf passed by two-third of its membership, recommend to the Chancellor the removal of the Vice-Chancellor:

Provided further that prior to a resolution for removal of the Vice­Chancellor being voted upon, the Vice-Chancellor shall be given an opportunity of being heard.

(6) A resolution recommending removal of the Vice-Chancellor shall be submitted to the Chancellor forthwith. The Chancellor may accept the recommendation and order removal of the Vice-Chancellor or return the recommendation to the Board of Governors.

(7) At any time when the office of the Vice-Chancellor is vacant, or the Vice-Chancellor is absent or is unable to perform functions of his office due to illness or some other cause, the Board of Governors shall make such arrangements for performance of the duties of the Vice-Chancellor as it may deem fit.

  1. Dean.–(1) There shall be a dean of each faculty to be appointed by the Chancellor on recommendation of the Vice-Chancellor, on such terms and conditions as may be prescribed.

(2) The dean shall be in charge of the faculty and shall assist the Vice-Chancellor on matters relating to teaching, research, academic program and extension of other development projects.

(3) Subject to overall supervision of the Vice-Chancellor, the dean shall formulate and recommend to the Academic Council, rules and relegations relating to academic and research matter of the faculty.

(4) The dean shall also have the following powers, namely:–

(a)      to collaborate with universities, industry and other research organizations;

(b)      to formulate recommendations to the Academic Council on the courses of study to be taught in different departments of the faculty;

(c)      to co-ordinate the award of fellowships, stipends, medals and prizes;

(d)      to co-ordinate the teaching and research work of the faculty;

(e)      to perform such other functions and exercise such other powers as may be entrusted or delegated to him by the Board of Governors or the Vice-Chancellor; and

(f)       to delegate any of his powers to appropriate levels of management, subject to such conditions as he may deem it.

  1. Registrar.–(1) There shall be a Registrar of the Institute to be appointed by the Chancellor on the recommendation of the Vice-Chancellor, on such terms and conditions as may be prescribed.

(2) The experience as well as the professional and academic qualifications necessary for appointment to the post of the Registrar shall be as may be prescribed.

(3) The Registrar shall be a full-time officer of the Institute and shall:–

(a)      be the administrative head of the secretariat of the Institute and be responsible for the provision of secretariat support to the authorities of the Institute;

(b)      be the custodian of the common seal and the academic record of the Institute;

(c)      maintain a register of registered graduates in the prescribed manner;

(d)      supervise the process of election, appointment or nomination of members to the various authorities and other bodies in the prescribed manner; and

(e)      perform such other duties as may be prescribed.

(4) The term of office of the Registrar shall be a renewable period of three years:

Provided that the Board of Governors may, on the advice of the Vice-Chancellor, terminate appointment of the Registrar on grounds of inefficiency or misconduct in accordance with prescribed procedure.

  1. Treasurer.–(1) There shall be a Treasurer of the Institute to be appointed by the Board of Governors on the recommendation of the Vice-Chancellor, on such terms and conditions as may be prescribed.

(2) The experience as well as professional and academic qualifications necessary for appointment to the post of the Treasurer shall be as may be prescribed.

(3) The Treasurer shall be chief financial officer of the Institute and shall:-

(a)      manage the assets, liabilities, receipts, expenditures, funds and investments of the Institute;

(b)      prepare the annual and revised budget estimates of the Institute and present them to the Executive Committee or a committee thereof for approval and incorporation in the budget to be presented to the Board of Governors;

(c)      ensure that funds of the Institute are expended on the purposes for which they arc provided;

(d)      have the accounts of the Institute audited annually to be available for submission to the Board of Governors within six months of close of the financial year; and

(e)      perform such other duties as may be prescribed.

(4) The term of office of the Treasurer shall be a renewable period of three years:

Provided that the Board of Governors may, on the advice of the Vice-Chancellor, terminate the appointment of the Treasurer on grounds of inefficiency or misconduct in accordance with prescribed procedure.

  1. Controller of Examinations.(1) There shall be a Controller of Examinations, to be appointed by the Board of Governors on the recommendation of the Vice-Chancellor, on such terms and conditions a may be prescribed.

(2) The minimum qualifications necessary for appointment to the post of the Controller of Examinations shall be as may be prescribed.

(3) The Controller of Examinations shall be a full-time officer of the Institute and shall be responsible for all matters connected with the conduct of examinations and shall perform such other duties as may be prescribed.

(4) The Controller of examinations shall be appointed for a renewable term of three years:

Provided that the Board of Governors may, on the advice of the Vice-Chancellor, terminate appointment of the Controller of examinations on grounds of inefficiency or misconduct in accordance with prescribed procedure.

CHAPTER-IV

AUTHORITIES OF THE INSTITUTE

  1. Authorities.–(1) The following shall be the authorities of the Institute, namely:

(a)      Authorities established by the Act:–

(i)       Board of Governors;

(ii)      syndicate;

(iii)     Academic Council.

(b)      Authorities to be established by the statutes:–

(i)       Board of Advanced Studies and Research;

(ii)      Board of Studies;

(iii)     Selection board;

(iv)     Finance and planning committee;

(v)      Search Committee for the appointment of the Vice-Chancellor;

(vi)     Representation committees for appointment to the Board of Governors, Syndicate and the Academic Council;

(vii)    Quality assurance committee;

(viii)   Discipline committee; and

(ix)     Such other authorities as may be prescribed by the Board of Governors.

  1. Board of Governors.–(1) The body responsible for governance of the Institute shall be described as the Board of Governors, and shall consist of the following, namely:-

(a)      The Chancellor who shall be the chairperson of the Board of Governors;

(b)      The Vice-Chancellor;

(c)      one member of the Government not below the rank of Additional Secretary from the concerned Ministry or any other department relevant to the special focus of the institute;

(d)      four persons from society at large being persons of distinction in the fields of administration, management, education, academics, law, accountancy, medicine, fine arts, architecture, agriculture, science, technology and engineering, such that the appointment of these persons reflects a balance across the various fields;

(e)      one person from amongst the alumni of the Institute;

(f)       two persons from the academic community of the country, other than an employee of the Institute, at the level of professor or principal of a college;

(g)      four Institute teachers; (One from each tier i.e. Professor, Associate Professor and Lecturer);

(h)      one person nominated by the Commission; and

(i)       two Directors of the Company (Pakistan Institute of Research & Registration of Quality Assurance).

(2) The number of the members of the Board of Governors described under clauses (e) to (h) of sub-section (1) may be increased by the Board of Governors through statutes subject to condition that the total membership of the Board of Governors does not exceed twenty one, with a maximum of five Institute teachers, and the increase is balanced, to the extent possible, across the different categories specified in sub-section (1).

(3) All appointments to the Board of Governors shall be made by the Chancellor. Appointments of persons specified under clauses (e) and (f) of sub-section (1) shall be made from amongst a panel of three names for each vacancy recommended by the representation committee set up in terms of Section 28 and in accordance with procedure as may be prescribed:

Provided that effort shall be made without compromising on quality or qualification, to give fair representation to women on the Board of Governors:

Provided further that as regards the institute teachers described in clause (g) of sub-section (1) the Board of Governors shall prescribe a procedure for appointment on the basis of elections that provide for voting by the various categories of Institute teachers:

Provided further that the Board of Governors may alternatively prescribe that appointment of Institute teachers to the Board of Governors shall also be in the manner provided by this sub-section for the persons described in clauses (e) and (f) of sub-section (1).

(4) Members of the Board of Governors, other than ex-officio members. shall hold office for three years. One-third of the members, other than ex-officio members of the first restructured Board of Governors, to be determined by lot, shall retire from office on the expiration of one year from the date of appointment by the Chancellor. One-half of the remaining members, other than ex-officio members, of the first restructured Board of Governors, to be determined by lot, shall retire from office on the expiration of two years from the date of appointment and the remaining one-half, other than ex-officio members, shall retire from office on expiration of the third year:

Provided that no person, other than an ex-officio member, may serve on the Board of Governors for more than two consecutive terms:

Provided further that the Institute Teachers appointed to the Board of Governors may not serve for two consecutive terms.

(5) The Board of Governors shall meet at least twice in a calendar year.

(6) Service on the Board of Governors shall be on honorary basis:

Provided that actual expenses may he reimbursed as may be prescribed.

(7) The Registrar shall be Secretary of the Board of Governors.

(8) In the absence of the Chancellor meetings of the Board of Governors shall be presided over by such member, not being an employee of the Institute or the Government, as the Chancellor may, from time to time, nominate. The member so nominated shall be the convener of the Board of Governors.

(9) Unless otherwise prescribed by this Act, all decisions of the Board of Governors shall be taken on the basis of the opinion of a majority of the members present. In the event of the members being evenly divided on any matter the person presiding over the meeting shall have a casting vote.

(10) The quorum for a meeting of the Board of Governors shall be two thirds of its membership, a fraction being counted as one.

  1. Powers and functions of the Board of Governors.–(1) The Board of Governors shall have power of general supervision over the Institute and shall hold the Vice-Chancellor and the Authorities accountable for all the functions of the Institute. The Board of Governors shall have all powers of the Institute not expressly vested in an authority or officer by this Act and all other powers not expressly mentioned by this Act that are necessary for the performance of its functions but which are not inconsistent with the provisions of this Act or the statutes, regulations and rules made thereunder.

(2) Without prejudice to the generality of the foregoing powers, the Board of Governors shall have the following powers:–

(a)      to approve proposed annual plan of work, the annual and revised budgets, the annual report and the annual statement of accounts;

(b)      to hold, control and lay down policy for the administration of the property, funds and investments of the Institute, including the approval of the sale and purchase or acquisition of immovable property;

(c)      to oversee quality and relevance of the Institute’s academic programmers and to review the academic affairs of the Institute;

(d)      to approve the appointment of the Deans, Professors, Associate Professors and such other senior faculty and senior administrators as may be prescribed;

(e)      to institute schemes, directions and guidelines for the terms and conditions of appointment of all officers, teachers and other employees of the Institute:

(f)       to approve strategic plans of the Institute;

(g)      to approve financial resource development plans of the Institute;

(h)      to consider drafts of statutes and regulations proposed by the Executive Committee and the Academic Council and deal with them in the manner as provided for in Sections 27 and 28, as the case may be:

Provided that the Board of Governors may frame a statute or regulation on its own initiative and approve it after calling for the advice of the Executive Committee or the Academic Council as the case may be;

(i)       to annul by order in writing the proceedings of any authority or officer if the Board of Governors is satisfied that such proceedings are not in accordance with the provisions of this Act, statutes or regulations after calling upon such Authority or officer to show-cause why such proceedings should not be annulled;

(j)       to recommend to the Chancellor removal of any member of the Board of Governors in accordance with the provisions of this Act;

(k)      to make appointment of members of the Executive Committee, other than ex-officio members, in accordance with the provisions of the Act;

(l)       to make appointment of members of the Academic Council, other than ex-officio members, in accordance with the provisions of this Act;

(m)     to appoint Professors Emeritus on such terms and conditions as may be prescribed;

(n)      to remove any person from the membership of any authority if such person:

(i)       has become of unsound mind; or

(ii)      has become incapacitated to function as member of such authority: or

(iii)     has been convicted by a Court of law for an offence involving moral turpitude; and

(o)      to determine the form, provide for the custody and regulate the use of the common seal of the Institute.

(3) The Board of Governors may, subject to the provisions of this Act delegate all or any of the powers and functions of any authority, officer or employee of the Institute at its main campus, to any authority, committee, officer or employee at its additional campus for the purpose of exercising such powers and performing such functions in relation to such additional campus, and for this purpose the Board of Governors may create new posts or positions at the additional campus.

(4) The Board of Governors may in accordance with the Act and procedure laid down in rules and regulations inspection to be made in respect of any matter connected with the institute.

  1. Syndicate.–(1) There shall be an Syndicate of the Institute consisting of the following:–

(a)      Vice-Chancellor who shall be its Chairperson;

(b)      Deans of the faculties of the Institute/ Units;

(c)      three professors from different departments, who are not members of the Board of Governors, to be elected by the Institute teachers in accordance with procedure to be prescribed by the Board of Governors;

(d)      Principals of the constituent colleges;

(e)      Registrar;

(f)       Treasurer;

(g)      Controller of Certification, Registration, Monitoring and Quality Assurance; and

(h)      Controller of Examinations

(2) Members of the Syndicate, other than ex-officio members, shall hold office for three years.

(3) As regards the three Professors described in clause (c) of sub-section (1) the Board of Governors may, as an alternative to elections, prescribe a procedure for proposal of a panel of names by the representation committee set up in terms of Section 28. Appointment of persons proposed by the representation committee may be made by the Board of Governors on the recommendation of the Vice-Chancellor.

(4) The quorum for a meeting of the Syndicate shall be one-half of the total number of members, a fraction being counted as one.

(5) The Syndicate shall meet at least once in each quarter of the year.

  1. Powers and duties of the Syndicate.–(1) The Syndicate shall be the executive body of the Institute and shall, subject to the provisions of this Act and the statutes, exercise general supervision over affairs and management of the Institute.

(2) Without prejudice to the generality of the foregoing powers, and subject to the provisions of this Act, the statutes and directions of the Board of Governors shall have the following powers:–

(a)      consider the annual report, the annual and revised budget estimates and to submit these to the Board of Governors;

(b)      transfer and accept transfer of movable property on behalf of the Institute;

(c)      enter into, vary, carry out and cancel contracts on behalf of the Institute;

(d)      cause proper books of accounts to be kept for all sums of money received and expended by the Institute and for the assets and liabilities of the Institute;

(e)      invest any money belonging to the Institute including any unapplied income in any of the securities described in Section 20 of the Trusts Act, 1882 (Act II of 1882), or in the purchase of immovable property or in such other manner, as may prescribe, with the like power of varying such investments;

(f)       receive and manage any property transferred, and grants, bequest, trust, gifts, donations, endowments, and other contributions made to the Institute;

(g)      administer any funds placed at the disposal of the Institute for specified purposes;

(h)      provide the buildings, libraries, premises, furniture, apparatus, equipment and other means required for carrying out the work of the Institute;

(i)       establish and maintain halls of residence and hostels or approve or license hostels or lodgings for the residence of students;

(j)       recommend to the Board of Governors admission of educational institutions to the privileges of the Institute and withdraw such privileges;

(k)      to arrange for the inspection of colleges, school and the departments;

(l)       Institute Professorships, Associate Professorships, Assistant Professorships, Lectureships, and other teaching posts or to suspend or to abolish such posts;

(m)     create, suspend or abolish such administrative or other posts as may be necessary;

(n)      prescribe the duties of officers, teachers and other employees of the Institute;

(o)      report to the Board of Governors on matters with respect to which it has been asked to report;

(p)      appoint members to various authorities in accordance with the provisions of this Act;

(q)      propose drafts of Statutes for submission to the Board of Governors;

(r)      regulate the conduct and discipline of the students of the Institute;

(s)      take actions necessary for the good administration of the Institute in general and to this end exercise such powers as are necessary;

(t)      delegate any of its powers to any authority or officer or a committee; and

(u)      perform such other functions as have been assigned to it by provisions of this Act or may be assigned to it by the Statutes.

  1. Director Planning and Development.–(1) There shall be a Director Planning and development of the Institute to be appointed by the Board of Governors on the recommendation of the Syndicate for a period of three years (once renewable) on such terms and conditions as may be prescribed.

(2) The minimum experience as well as the professional and academic qualifications necessary for the appointment to the post of Director Planning and Development shall be prescribed.

(3) The Director Planning and Development shall be responsible for all matters connected with planning and development and perform such other duties as may be prescribed.

(4) The Director Planning and Development shall:–

(i)       prepare short and long-term plans and development programs to meet vision, goals and priorities set by the Institute management/Board of Governors;

(ii)      conduct comprehensive review, assessment, and analysis of development planning process (project identification, appraisal, selection, implementation, and monitoring) and mechanism;

(iii)     develop a strategy for improving development planning processes and mechanisms based on findings of the situation analysis;

(iv)     provide technical support in developing project proposals and PCs-I, for the Institute;

(v)      preparation of the PC-I, PC-II, PC-III, PC-IV, and PC-V;

(vi)     preparation of cash work and activity plan;

(vii)    preparation of quarterly expenditure statements;

(viii)   preparation of monthly and quarterly progress reports;

(ix)     to coordinate with works, purchase, store units and accounts; and

(x)      to communicate/submit reports, plans and projects to different donors.

(5) The Board of Governors may on the recommendations/advice of Syndicate, terminate the services of Director Planning and Development on grounds of inefficiency or misconduct in accordance with the prescribed procedure.

  1. Director Quality Enhancement Cell (QEC).–(1) There shall be a Director Quality Enhancement Cell (QEC) of the Institute to be appointed by the Board of Governors on the recommendation of Syndicate for a renewable period of three years on such terms and conditions as may be prescribed.

(2) The minimum experience as well as the professional and academic qualifications necessary for the appointment to the post of Director Quality Enhancement Cell (QEC) shall be as may be prescribed.

(3) The Director Quality Enhancement Cell (QEC) shall be responsible to:–

(i)       review the quality standards and the quality of teaching and learning in each subject area;

(ii)      Review the academic association with other institutions in terms of effective management of standards and quality of programs;

(iii)     defining clear and explicit standards as points of reference to the review to be carried out. It should also help the employees to know as to what they could expect from candidates;

(iv)     developing qualifications framework by setting out the attributes and abilities that can be expected from the holder of a qualification, i.e. undergraduate and graduate programs; developing program specifications. These are standards set of information clarifying what knowledge, understanding, skills and other/attributes a student will have developed on;

(v)      successfully completing a specific program;

(vi)     developing quality assurance processes and methods of evaluation to affirm that the quality of provision and the standard of awards are being maintained and to foster curriculum, subject and staff development together with research and other scholarly activities;

(vii)    ensure that the Institute’s quality assurance procedures are designed to fit in with the arrangements in place nationally and;

(viii)   internationally for maintaining and improving the quality of Higher Education; developing procedures and processes, monitoring and evaluation systems, and standards for the following,–

(a)      the approval of new program;

(b)      annual monitoring and evaluation including program monitoring, faculty monitoring and student perceptions;

(c)      departmental review;

(d)      student feedback;

(e)      employer feedback;

(f)       quality assurance of undergraduate, graduate and doctoral programs;

(g)      institutional assessment and performance evaluation;

(h)      program specifications; and

(i)       qualification framework.

(4) Director Quality Enhancement Cell (QEC) shall be the member of all statutory bodies/committees of the Institute.

(5) The Board of Governors may on the recommendations or advice of Syndicate, terminate the services of Director Quality Enhancement Cell (QEC) on grounds of inefficiency or misconduct in accordance with the prescribed procedure.

  1. Director of Office of Research, Registration, Survey, Monitoring, Innovation and Commercialization (RSMIC).–(1) There shall be a Director (RSMIC) of the Institute to be appointed by the Board of Governors on the recommendation of Syndicate for a renewable period of three years on such terms and conditions as may be prescribed.
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(2) The minimum experience as well as the professional and academic qualifications necessary for the appointment to the post of Director (RSMIC) shall be as may be prescribed.

(3) The Director (RSMIC) shall,-

(i)       manage and enhance the research activities of the Institute, develop research policies and priorities, work for fund raising or research, mobilize faculty, business community and industry for research commercialization and serve as an effective advocate for research with the university/Institute and to its broader community of stakeholders and supporters;

(ii)      to supervise all aspects of the operation of the Office for Research including research administration, monitoring, survey (budgeting, auditing, accounting, human resources, management & maintenance of facilities and equipment, implementation of research contracts and human resources);

(iii)     to develop programs and activities that will increase funding for research from all public and private sources, establish and maintain excellent relationships with donors and private sources, oversee proposals development and submission;

(iv)     to promote the development of public-private partnerships in support of Institute research, link the Institute’s research community with the needs and priorities of the corporate sector, develop opportunities for applied research and explore opportunities for technology transfer and commercialization of Institute research (including incubators and research parks);

(v)      be responsible to monetize royalty streams from licenses;

(vi)     collaborate with the principal liaison for technical marking and licensing on the commercialization of the Institute’s IP in coordination with other relevant department and offices;

(vii)    work in close liaison with the office of research and development, planning and development, and Institute’s technology park.

(4) The Board of Governors may on the recommendations/advice of Syndicate, Terminate the services of Director (RSMIC) on grounds of inefficiency or misconduct in accordance with the prescribed procedure.

  1. Academic Council.–(1) There shall be an Academic Council of the Institute consisting of the following:–

(a)      Vice-Chancellor who shall he its Chairperson;

(b)      Deans of faculties and such heads of departments as may be prescribed;

(c)      five members representing the departments, institutes and the constituent colleges/school to be elected in the manner prescribed by the Board of Governor;

(d)      five Professors including Professors Emeritus;

(e)      Registrar;

(f)       Controller of Examinations;

(g)      Controller of Certification, Registration. Monitoring and Quality Assurance; and

(h)      Librarian.

(2) The Board of Governors shall appoint the members of the Academic Council, other than ex-officio and elected members, on the recommendation of the Vice-Chancellor:

Provided that as regards the five professors and the members representing the departments, institutes and the constituent colleges/ school the Board of Governors may, as an alternative to elections, prescribe a procedure for proposal of a panel of names by the representation committee set up in terms under this Act. Appointment of persons proposed by the representation committee may be made by the Board of Governors on recommendation of the Vice-Chancellor.

(3) Members of the Academic Council shall hold office for three years.

(4) The Academic Council shall meet at least once in each quarter.

(5) The quorum for meetings of the Academic Council shall be one half of the total number of members, a fraction being counted as one.

  1. Powers and functions of the Academic Council.–(1) The Academic Council shall be the principal academic body of the Institute and shall, subject to the provisions of this Act and the statutes, have the power to lay down proper standards of instruction, research and examinations and to regulate and promote the academic life of the Institute and the colleges/ schools.

(2) Without prejudice to the generality of the foregoing powers, and subject to the provisions of this Act and the statutes, the Academic Council shall have the power to,–

(a)      approve the policies and procedures pertaining to the quality of academic programmers;

(b)      approve

(c)      approve the policies and procedures pertaining to student related functions including admissions, expulsions, punishments, examinations and certification;

(d)      approve the policies and procedures assuring quality of teaching and research;

(e)      propose to the Syndicate schemes for the Constitution and organization of faculties, teaching departments and boards of studies;

(f)       appoint paper setters and examiners for all examinations of the Institute after receiving panels of names from the relevant authorities;

(g)      institute programs for the continued professional development of Institute teachers at all levels;

(h)      recognize the examinations of other Universities or examining bodies as equivalent to the corresponding examinations of the Institute;

(i)       regulate award of studentships, scholarships, exhibitions, medals and prizes;

(j)       frame Regulations for submission to the Board of Governors;

(k)      prepare an annual report on the academic performance of the Institute; and

(l)       perform such functions as may be prescribed by regulations.

  1. Representation Committees.–(1) There shall be a Representation Committee constituted by the Board of Governors through Statutes for recommendation of persons for appointment to the Board of Governors in accordance with the provisions of Section 19.

(2) There shall also be a Representation Committee constituted by the Board of Governors through Statutes for the recommendation of persons for appointment to the Syndicate and the Academic Council in accordance with the provisions of Sections 21 and 26.

(3) Members of the Representation Committee for appointments to the Board shall consist of the following:–

(a)      three members of the Board of Governors who are not Institute teachers;

(b)      two persons nominated by the Institute teachers from amongst themselves in the manner prescribed;

(c)      one person from the academic community, not employed by the Institute, at the level of professor or college/ school principal to be nominated by the Institute teachers in the manner prescribed; and

(d)      one eminent citizen with experience in administration, philanthropy, development work, law or accountancy to be nominated by the Board of Governors.

(4) The Representation Committee for appointments to the Executive Committee and the Academic Council shall consist of the following:–

(a)      two members of the Board of Governors who are not Institute teachers; and

(b)      three persons nominated by the Institute teachers from amongst themselves in the manner prescribed.

(5) The tenure of the Representation Committees shall be three years:

Provided that no member shall serve for more than two consecutive terms.

(6) The procedures of the Representation Committees shall be as may be prescribed.

(7) There may also be such other Representation Committees set up by any of the other authorities of the Institute as arc considered appropriate for recommending persons for appointment to the various authorities and other bodies of the Institute.

  1. Appointmentof Committees by certain Authorities.–(1) The Board of Governors, the Syndicate, the Academic Council and other authorities may, from time to time, appoint such standing, special or advisory committees, as they may deem fit, and may place on such committee persons who are not members of the authorities appointing the committees.

(2) The Constitution, functions and powers of the authorities for which no specific provision has been made in this Act shall be such as may be prescribed by statutes or regulations.

CHAPTER-V

STATUTES, REGULATIONS AND RULES

  1. Statutes.–(1) Subject to the provisions of this Act, statutes, to be published in the official Gazette, may be made to regulate or prescribe all or any of the following matters:–

(a)      the contents of and the manner in which the annual  report to be presented by the Vice-Chancellor before the Board of Governor shall be prepared;

(b)      the Institute fees and other charges;

(c)      constitution of any pension, insurance, gratuity, provident fund and benevolent fund for Institute employees;

(d)      scales of pay and other terms and conditions of service of officers, teachers and other Institute employees;

(e)      maintenance of the register of registered graduates:

(f)       admission of educational institutions to the privileges of the Institute and the withdrawal of such privileges;

(g)      establishment of faculties, departments, institutes, colleges/schools, study centres and other academic divisions;

(h)      powers and duties of officers and teachers;

(i)       conditions under which the Institute may enter into arrangements with other institutions or with public bodies for purposes of research and advisory services;

(j)       conditions for appointment of Emeritus Professors and award of honorary degrees;

(k)      efficiency and discipline of Institute employees;

(l)       the Constitution and procedure to be followed by Representation Committees in carrying out functions in terms of this Act;

(m)     the Constitution and procedure to be followed by the Search Committee for appointment of the Vice-Chancellor;

(n)      constitution, functions and powers of the authorities of the Institute; and

(o)      all other matters which by this Act are to be or may be prescribed or regulated by statutes.

(2) The draft of statutes shall be proposed by the Syndicate to the Board of Governors which may approve or pass with such modifications as the Board of Governors may think fit or may refer back to the Syndicate, as the case may be, for reconsideration of the proposed draft:

Provided that statutes concerning any of the matters mentioned in clauses (a) and (l) of sub-section (1) shall be initiated and approved by the Board of Governors, after seeking the views of the Syndicate:

Provided further that the Board of Governors may initiate a Statute with respect to any matter in its power or with respect to which a Statute may be framed in terms of this Act and approve such Statute after seeking the views of the Syndicate.

  1. Regulations.–(1) Subject to the provisions of this Act and the Statues, the Academic Council may make Regulations, to be published in the official Gazette, for all or any of the following matters:–

(a)      courses of study for degrees, diplomas and certificates of the Institute;

(b)      manner in which the teaching referred to in sub-section (1) of Section 6 shall be organized and conducted;

(c)      admission and expulsion of students to and from the Institute;

(d)      conditions under which students shall be admitted to the courses and examinations of the Institute and shall become eligible for award of degrees, diplomas and certificates;

(e)      conduct of examinations;

(f)       conditions under which a person may carry on independent research to entitle him to a degree;

(g)      institution of fellowships, scholarships, exhibitions, medals and prizes;

(h)      use of the Library;

(i)       formation of faculties, departments and board of studies;

(j)       registration, certification, monitoring, quality assurance of labs and non-government organizations; and

(k)      all other matters which by this Act or the statutes are to be or may be prescribed by Regulations.

(2) Regulations shall he proposed by the Academic Council and shall be submitted to the Board of Governors which may approve them or withhold approval or refer them back to the Academic Council for reconsideration. A regulation proposed by the Academic Council shall not be receives unless it receives approval of the Board of Governors.

(3) Regulations regarding or incidental to matters contained in clauses (g) and (i) of sub-section (1) shall not be submitted to the Board of Governors without the prior approval of he Syndicate.

  1. Amendment and repeal of Statutes and Regulations.–The procedure for adding to, amending or repealing the Statutes and the Regulations, shall be the same as that prescribed respectively for framing or making Statutes and Regulations.
  2. Rules.–(1) The authorities and the other bodies of the Institute may make rules, consistent with the Act, Statutes or the Regulations, to regulate my matter relating to the affairs of the Institute which has not been provided for by this Act or that is not required to be regulated by statutes or regulations including rules to regulate the conduct of business and the time and place of meetings and related matters.

(2) Rules shall become effective upon approval by the Syndicate.

CHAPTER-VI

INSTITUTE FUND

  1. Institute Fund.–(1) The institute shall have a fund to which shall be credited its income from fees, donations, trusts, bequests, endowments, grants, contributions and all other sources.

(2) Capital recurrent expenditure of the Institute shall be met from the contributions made by the Board of Governors and any other source, including other foundations, universities and individuals, and from the income derived from such sources.

(3) No contribution, donation or grant which may directly or indirectly involve any immediate or subsequent financial liability for the Institute, shall be accepted without prior approval of the Board of Governors.

  1. Audit and Accounts.(1) The accounts of the Institute shall be maintained in such form and manner as may be determined by the Board of Governors and shall be audited each year within four months of the closing of the financial year of the Institute by an independent Chartered Accountant appointed by the Board.

(2) The accounts, together with the report of the auditor thereon, shall be submitted to the Board for approval.

(3) The auditor’s report shall certify that the auditor has complied with the standards of audit and certification laid down by the Institute of Chartered Accountants of Pakistan.

CHAPTER-VII

GENERAL PROVISIONS

  1. Service of the Institution.–(1) All employee of the Institute in accordance with the terms and conditions of the prescribed service by the statute shall be person in service of the Institute.

(2) An officer, teacher and other employee of the Institute shall retire from service on attainment of such age or tenure of the service as may be prescribed

  1. Opportunity of show-cause.–Except as otherwise provided, no officer, teacher or other employee of the Institute holding a permanent post, shall be reduced in rank, or removed or compulsorily retired from service, unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken against him.
  2. Appeal to the Board of Governors.–(1) Where an order has been passed punishing an employee other than the Vice-Chancellor, or altering or interpreting to his disadvantage the prescribed terms or conditions of his service, he shall, where the order is passed, by the Vice-Chancellor or any other officer or teacher of the Institute, has the right to appeal to the Board of Governors against the order, and where the order is made by the Board of Governors has the right to apply to the Board of Governors for review of that order.

(2) The appeal or application for review shall be submitted to the Vice-Chancellor who shall lay it before the Board of Governors with his views and record of the case.

(3) No order in appeal or review shall be made unless the appellant or the applicant, as the case may be has been given an opportunity of being heard.

  1. Benefits and Insurance.(1) The Institute shall constitute for the benefit of its employees in such manner and subject to such conditions as may be prescribed, such Schemes for the provisions of post-employment benefit as well as health and life insurance while in service.

(2) Where any provident fund has been constituted under this Act the provision of Provident Fund Act, 1925 (XIX of 1925) shall apply to such fund.

  1. Commencementof term of members of Authorities.–(1) When a member of a newly constituted authority is elected, appointed or nominated, his term of office, as fixed under this Act shall commence from such date as may be prescribed.

(2) Where a member who has accepted any other assignment or for any other similar reason remained absent from the Institute for a period of not less than six months he shall be deemed to have resigned and vacated his seat.

  1. Filling of casual vacancies in authorities.–Any casual vacancy among the members of the authority shall be filled, as soon as conveniently may be, in the same manner and by the same person or Authority that had appointed the member whose place has become vacant and the person appointed to the vacancy shall be a member of such authority for the residue of the term for which the person whose place he fills would have been a member.
  2. Disputes about membership of authorities.–Notwithstanding anything contained in this Act, a person nominated or appointed to any authority shall cease to be member of such authority as soon as he cease to hold the position by virtue of which he was nominated or appointed.

(2) If a question arises whether any person is entitled to be a member of any authority, the matter shall be referred to a committee consisting of the Chancellor, two nominees of the Board of Governors and a nominee of the Vice-Chancellor and the decision of the committee thereon shall be final and binding.

  1. Proceedings of authorities not invalidated by the reason of vacancies.–No act, resolution or decision of any authority shall be invalid by the reason of any vacancy on the Authority doing, passing, or making it or by reason of any want of qualification or appointment or nomination of anyde-factomember or the authority, whether present or absent.
  2. Transitory Provisions.–(1) Notwithstanding anything contained in this Act, the Board of Governors shall be structured and the members thereof except the Institute teachers, appointed by the Chancellor in accordance with the numbers and criteria for membership specified in this Act. As regards the Institute teachers, they shall also be appointed by the Chancellor for first structured Board of Governors and subsequently they will be elected or appointed as per prescribed manner. The first structured Board of Governors so constituted shall initiate, as soon as possible, the process for the appointment of the members of the Syndicate and the Academic Council in accordance with the terms of this Act. The term of tenure provided in sub-section (4) of Section 19 notwithstanding, one-third of the members, other thanex-officiomembers, of the first structured Board of Governors, to be determined by lot, shall retire from office on the expiration of one year from the date of appointment by the Chancellor. One-half of the remaining members, other than ex officio members, of the first structured Board of Governors, to be determined by lot, shall retire from other on the expiration of two years from the date of appointment and the remaining one-half, other than ex-officio members, shall retire from office on the expiration of the third year.

(2) Notwithstanding anything contained in this Act, the first Vice-Chancellor shall be appointed by the Chancellor for a period of three years.

  1. Removal of Difficulties.–If any question arises as to the interpretation of any of the provisions of this Act, it shall be placed before the Chancellor and Commission whose decision thereon shall be final.

(2) If any difficulty arises in giving effect to any of the provisions of this Act, the chancellor may make such order after obtaining the views of Board of Governors, not inconsistent with the provisions of this Act, as may appear to him to be necessary for removing the difficulty.

(3) Where this Act makes any provision for anything to be done but no provision or no sufficient provision has been made as respect the authority by Whom, or the time at which, or the manner in which, it shall be done, then it shall be done by such authority, at such time, or in such manner as the Chancellor may direct after obtaining the views of the Board of Governors.

  1. Flaws in Constitution of authority.–Where there is flaw in the Constitution of an authority, as constituted by this Act, the statutes or the regulations, institutions or other body outside the Institute has been dissolved or has ceased to function, or because of some other similar reasons, such flaws shall be removed in such manner as the Board of Governess directed.
  2. First Statute and Regulations.–Not withstanding anything contained in this Act, the President of Pakistan shall Promulgate the first Statute and Regulations which shall be deemed to be Statutes and Regulations framed under this Act and shall continue to remain in force until amended or repealed or till such time as new Statutes and Regulations are framed in accordance with the provisions of this Act.
  3. Indemnity.–No suit or legal proceedings shall lie against the Government, the Institute or any authority or employee of the Institute or any person, in respect of anything which is done, or purported to have been done in good faith under this Act.

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ACT NO. XXIII OF 2023

SUPREME COURT (REVIEW OF JUDGMENTS AND ORDERS) ACT, 2023

Act to facilitate and strengthen the Supreme Court of Pakistan in the exercise of its powers to review its
judgment and orders

[Gazette of Pakistan, Extraordinary, Part I, 29th May, 2023]

No. F. 24(28)/2023-Legis.–The  following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 26th May, 2023 and is hereby published for general information:–

WHEREAS Article 188 of the Constitution of Pakistan empowers the Supreme Court, subject to the provision of any Act of Majlis-e-Shoora (Parliament) and any rules made by the Supreme Court, to review any judgment pronounced or any order made by it;

AND WHEREAS to facilitate and strengthen the exercise of this power, it is necessary to enlarge the jurisdiction of the Supreme Court as expressly provided under Article 188;

AND WHEREAS it is necessary to ensure the fundamental right to justice by providing for meaningful review of judgments and orders passed by the Supreme Court in exercise of its original jurisdiction under Article 184;

It is hereby enacted as follows:-

  1. Short title, commencement and extent.(1) This Act shall be called the Supreme Court (Review of Judgments and Orders) Act, 2023.

(2) It shall come into force at once.

  1. Enlargement of jurisdiction of the Supreme Court.–In case of judgments and orders of the Supreme Court in exercise of its original jurisdiction under Article 184 of the Constitution, the scope of review on both facts and law, shall be the same as an appeal under Article 185 of the Constitution.
  2. Larger Bench.–A review petition shall be heard by a Bench larger than the Bench which passed the original judgment or order.
  3. Right to appoint counsel.–The review petitioner shall have the right to appoint any advocate of the Supreme Court of his choice for the review petition.
  4. Judgments and orders made prior to commencement of this Act.–The right to file a review petition shall also be available to an aggrieved person against whom an order has been made under clause (3) of Article 184 of the Constitution, prior to the commencement of this Act:

Provided that the review petition under this section shall be filed within sixty days of the commencement of this Act.

  1. Limitation.–A review petition may be filed within sixty days of the passing of the original order.
  2. Act to override other laws etc.–The provision of this Act shall have effect notwithstanding anything contained in any other law, rules or regulations for the time being in force or judgment or any court including the Supreme Court and a High Court.

————————

ACT NO. XXIV OF 2023

NATIONAL ACCOUNTABILITY (AMENDMENT) ACT, 2023

An Act further to amend the National Accountability Ordinance, 1999

[Gazette of Pakistan, Extraordinary, Part I, 30th May, 2023]

No. F.22(17)/2023-Legis., dated 29.5.2023.–The following Act of Majlis-e-Shoora (Parliament) is deemed to have been assented by the President w.e.f. 29th May, 2023 under clause (2) of Article 75 of the Constitution of the Islamic Republic of Pakistan. It is hereby published for general information:–

WHEREAS it is expedient further to amend the National Accountability Ordinance, 1999 (XVIII of 1999), in the manner and for the purposes hereinafter appearing;

It is hereby enacted as follows:–

  1. Short title and commencement.–(1) This Act shall be called the National Accountability (Amendment) Act, 2023.

(2) It shall come into force at once and shall be deemed to have taken effect on and from the commencement of the National Accountability Ordinance, 1999 (XVIII of 1999).

  1. Amendment of Section 4, Ordinance XVIII of 1999.–In the National Accountability Ordinance, 1999 (XVIII of 1999), hereinafter referred to as the said Ordinance, in Section 4,–

(i)       in sub-section (3),–

(a)      the expression “clause (a) of” shall be omitted; and

(b)      for the word “Courts”, the word “courts” shall be substituted; and

(ii)      after sub-section (3), amended as aforesaid, the following new sub-sections shall be added, namely:–

“(4) Upon commencement of the National Accountability (Amendment) Act, 2022 (XI of 2022) and the National Accountability (Second Amendment) Act, 2022 (XVI of 2022),–

(a)      all pending inquiries, required to be transferred under sub-section (3), shall be examined by the Chairman. If the Chairman is satisfied that no case is made out against an accused, the inquiry shall be closed after recording reasons and where the Chairman is of the opinion that prima facie case is made out against an accused under any other law for the time being in force, he shall refer the matter to the relevant agency, authority or department, as the case may be;

(b)      all investigations, required to be transferred under sub-section (3), shall be examined by the Chairman. If the Chairman is satisfied that no case is made out against an accused and the investigation may be closed, he shall refer the matter to the Court for approval and for the release of the accused, if in custody. Where the Chairman is of the opinion that prima facie, case is made out against an accused under any other law for the time being in force, he shall refer the matter to the relevant agency, authority or department, as the case may be;

(c)      the agency, authority or department, to which inquiry or investigation is transferred under clauses (a) and (b), may proceed with such inquiry or, as the case may be, investigation in accordance with the applicable laws, from the stage at which it was pending immediately before such transfer;

(d)      where the Court seized with a case is of the opinion that it is not triable by that Court under this Ordinance, the Court shall, after examination with assistance of the National Accountability Bureau, refer it to the appropriate court, tribunal, forum, agency, authority or department, as the case may be, for exercise of jurisdiction in accordance with the applicable laws;

(e)      upon transfer under clause (d), the court, tribunal or forum of competent jurisdiction may proceed with the case from the stage at which it was pending in the Court and shall try and decide the same under the law regulating its jurisdiction and procedure; and

(f)       all final orders, decisions or judgments passed by the Court before the commencement of the National Accountability (Amendment) Act, 2022 (XI of 2022), the National Accountability (Second Amendment) Act, 2022 (XVI of 2022) and the National Accountability (Amendment) Act, 2023 (XXIV of 2023), shall remain in force and operative unless reversed, notwithstanding anything contained in sub-section (2) of Section 1 each of the National Accountability (Amendment) Act, 2022 (XI of 2022), the National Accountability (Second Amendment) Act, 2022 (XVI of 2022) and the National Accountability (Amendment) Act, 2023 ( XXIV of 2023).

(5) The Court, tribunal, forum, agency, authority or department may, after receipt of the case, re-examine any witness or examine a new witness in accordance with their jurisdiction under the laws for the time being in force.

(6) Upon commencement of the National Accountability (Amendment) Act, 2022 (XI of 2022), the National Accountability (Second Amendment) Act, 2022 (XVI of 2022) and the National Accountability (Amendment) Act, 2023 (XXIV of 2023),–

(a)      all pending inquiries, investigations, trials and proceedings relating to matters not falling within the definition of offence under clause (o) of Section 5 shall be transferred to the concerned agencies, authorities, departments, courts, tribunals or forums having jurisdiction under the respective laws; and

(b)      the provisions of clauses (a) to (f) of sub-section (4) shall mutatis mutandis apply to the transfer of all matters under clause (a).”.

  1. Amendment of Section 5, Ordinance XVIII of 1999.–In the said Ordinance, in Section 5,–

(i)       in clause (d), in sub-clause (ii), for the word “individual”, the word “individuals” shall be substituted;

(ii)      in clause (n), in sub-clause (ii),–

(a)      after the word “Senate”, the expression “, Deputy Chairman Senate” shall be inserted; and

(b)      the words “of the” shall be omitted;

(iii)     in clause (p), for the word “direction”, occurring for the first time, the word “direct” shall be substituted and for the words “concern or direction or control thereof’, the words “concerned or having direct control thereof’ shall be substituted; and

(iv)     in clause (u), for the word “cooperatives”, the word “cooperative” shall be substituted.

  1. Amendment of Section 6, Ordinance XVIII of 1999.–In the said Ordinance, in Section 6, in sub-section (b), in clause (v), for the proviso, the following shall be substituted, namely:–

“Provided that as and when the office of the Chairman NAB falls vacant or when the Chairman NAB is absent or unable to perform the functions of his office, due to any reason whatsoever, the Deputy Chairman NAB shall act as Chairman NAB and in absence of Deputy Chairman NAB, the Federal Government shall appoint an acting Chairman NAB from amongst the senior officers of the NAB; and”

  1. Amendment of Section 7, Ordinance XVIII of 1999.–In the said Ordinance, in Section 7,–

(i)       in sub-section (aa),–

(a)      in clause (i), after the word “General”, the words “or above” shall be inserted; and

(b)      in clause (ii), after the word “equivalent’’, the words “or above” shall be inserted; and

(ii)      in sub-section (b), for the expression “sub-rule (4) of Rule 2 of the Government Servants (Efficiency & Discipline) Rules. 1973”, the expression “the rules relating to efficiency and discipline of civil servants of the Federal Government made under the Civil Servants Act, 1973 (LXXI of 1973)” shall be substituted.

  1. Amendment of Section 8, Ordinance XVIII of 1999.–In the said Ordinance, in Section 8,–

(i)       in sub-section (a), in clause (ii), for the words “the Ordinance”, the words “this Ordinance” shall be substituted;

(ii)      in sub-section (b), for the expression “Courts and Tribunals”, the expression “courts and tribunals” shall be substituted; and

(iii)     in sub-section (c), for the words “court or tribunal”, the words “Court or courts or tribunals” shall be substituted.

  1. Amendment of Section 15, Ordinance XVIII of 1999.–In the said Ordinance, in Section 15, in sub-section (a); in the proviso, the word “of”, occurring for the first time, shall be omitted.
  2. Amendment of Section 16, Ordinance XVIII of 1999.–In the said Ordinance, in Section 16, in sub-section (c),–

(i)       the words “of the Province” shall be omitted; and

(ii)      for the words “court established”, the words “Court established” shall be substituted.

  1. Amendment of Section 16A, Ordinance XVIII of 1999.–In the said Ordinance, in Section 16A,–

(i)       in sub-section (a),–

(a)      for the words “Court or Tribunal”, the words “court or tribunal” shall be substituted; and

(b)      for the words “the Ordinance”, the words “this Ordinance” shall be substituted; and

(ii)      in sub-section (b),–

(a)      after the word “is”, occurring for the first time, the words “required to be” shall be inserted; and

(b)      in clause (ii), for the semi colon, a coma shall be substituted.

  1. Amendment of Section 19, Ordinance XVIII of
    1999.–
    In the said Ordinance,–

(i)       the existing provision of Section 19 shall be numbered as sub­section (1) thereof and in sub-section (1), numbered as aforesaid,–

(a)      in clause (c), after the semi-colon, occurring at the end, the word “and” shall be inserted;

(b)      in clause (d), for the expression “; and”, occurring at the end, a full stop shall be substituted; and

(c)      clause (e) shall be re-numbered as sub-section (2); and

(ii)      in sub-section (2), re-numbered as aforesaid,-

(a)      for the word “any”, occurring at the beginning, the word “Any” shall be substituted; and

(b)      after the word “information”, the expression “under sub­section (1)” shall be inserted.

  1. Amendment of Section 21, Ordinance XVIII of 1999.–In the said Ordinance,–

(i)       the existing provision of Section 21 shall be numbered as sub­section (1) thereof and in sub-section (1), numbered as aforesaid,–

(a)      in clause (e), after the semi-colon, occurring at the end, the word “and” shall be added;

(b)      in clause (f), for the expression “; and”, a full stop shall be substituted; and

(c)      clause (h) shall be re-numbered as sub-section (2); and

(ii)      in sub-section (2), re-numbered as aforesaid,–

(a)      for the word “notwithstanding”, the word “Notwithstanding” shall be substituted; and

(b)      for the word “hereinabove”, the expression “in sub-section (1)” shall be substituted.

  1. Amendment of Section 28, Ordinance XVIII of 1999.–In the said Ordinance, in Section 28, in sub-section (a), for the word “term”, the word “terms” shall be substituted.
  2. Amendment of Section 30, Ordinance XVIII of 1999.–In the said Ordinance, in Section 30, in sub-section (a), for the word “court”, the word “Court’’ shall be substituted.
  3. Amendment of Section 31D, Ordinance XVIII of 1999.–In the said Ordinance, in Section 31D, in the proviso, for the word “conduct”, the word “conducted” shall be substituted.
  4. Amendment of Section 31DD, Ordinance XVIII of 1999.–In the said Ordinance, in Section 31DD, after the word “Board”, the words “or credit committee” shall be inserted.
  5. Amendment of Section 32, Ordinance XVIII of 1999.–In the said Ordinance, in Section 32, in sub-section (a), for the words “of the Province where”, the words “under whose jurisdiction” shall be substituted.
  6. Amendment of Section 33, Ordinance XVIII of 1999.–In the said Ordinance, in section 33, after the word “Province”, the words “or area of jurisdiction” shall be inserted.

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ACT NO. XXXV OF 2023

ELECTIONS (AMENDMENT) ACT, 2023

An Act further to amend the Elections Act, 2017

[Gazette of Pakistan, Extraordinary, Part I, 26th June, 2023]

No. F. 22(24)/2023-Legis.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 26th June, 2023 is hereby published for general information:-

WHEREAS, it is expedient further to amend the Elections Act, 2017 (XXXIII of 2017), in the manner and for the purposes hereinafter appearing;

It is hereby enacted as follows:-

  1. Short title and commencement.–(1) This Act shall be called the Elections (Amendment) Act, 2023.

(2) It shall come into force at once.

  1. Amendment of Section 57, Act XXXIII of 2017.–In the Elections Act, 2017 (XXXIII of 2017), hereinafter referred to as said Act, in Section 57, for sub-section (1), the following shall be substituted, namely:–

“(1) Subject to the Constitution, the Commission shall by notification in the official Gazette announce the date or dates, as the case may be, of the general elections.”

  1. Amendment of Section 58, Act XXXIII of 2017.–In the said Act, in Section 58, for sub-section (1), the following shall be substituted, namely:–

“(1) Subject to the Constitution, Notwithstanding anything contained in Section 57, the Commission may, at any time

 

after the issuance of the notification under sub-section (1) of that section, make such alterations in the election programme announced in that notification for different stages of the election or may issue a fresh election programme with fresh poll date or dates as may, in its opinion to be recorded in writing, be necessary for the purposes of this Act.”

  1. Substitution of Section 232, Act XXXIII of 2017.–In the said Act, for Section 232, the following shall be substituted
    and shall, notwithstanding anything contained in sub-section (3) of Section 1 of the said Act, always be deemed to have been so substituted on and from commencement of the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), namely:-

232. Qualifications and disqualifications.–(1) The qualifications and disqualifications of a person to be elected, chosen or to remain as a member of the Majlis-e-Shoora (Parliament) or a Provincial Assembly shall be such as provided for in Articles 62 and 63 of the Constitution:

Provided that the procedure, manner and duration of the qualifications and disqualifications under this section shall be such as specifically provided for in the relevant provisions of Articles 62 and 63 of the Constitution and where no such procedure, manner or duration has been provided for therein, the provisions of this Act shall apply.

(2) Notwithstanding anything contained in any other provisions of this Act, any other law for the time being in force and judgment, order or decree of any court, including the Supreme Court and a High Court, the disqualification of a person to be elected, chosen or to remain as a member of the Majlis-e-Shoora (Parliament) or a Provincial Assembly under paragraph (f) of clause (1) of Article 62 of the Constitution shall be for a period not exceeding five years from the declaration by the court of law in that regard and such declaration shall be subject to the due process of law.”

—————————-

ACT NO. XXVI OF 2023

PRIVATE POWER AND INFRASTRUCTURE BOARD (AMENDMENT) ACT, 2023

An Act further to amend the Private Power and Infrastructure Board Act, 2012

[Gazette of Pakistan, Extraordinary, Part-I, 10th June, 2023]

No. F.  9(11)/2023-Legis., dated 6.6.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 31st May, 2023 and is hereby published for general information:–

WHEREAS it is expedient to merge the Alternative Energy Development Board into the Private Power and Infrastructure Board (PPIB) due to similar mandate of both the autonomous bodies, for implementation of various policies, programs and projects in the field of Alternative or Renewable Energy Technologies by the Private Power and Infrastructure Board;

AND WHEREAS upon dissolution of the Alternative Energy Development BOard, it is expedient further to transfer all its resources, grants, rights, powers, funds, liabilities, etc., to the Private Power and Infrastructure Board and to repeal the Alternative Energy Development Board Act, 2010 (XIV of 2010);

AND WHEREAS in the interest of certainty and consistency in the smooth functioning of the power sector, it is expedient further to amend the Private Power and Infrastructure Board Act, 2012 (VI of 2012), for the aforesaid purposes in the manner hereinafter appearing;

It is hereby enacted as follows:–

  1. Short title and commencement.--(1) This Act shall be called the Private Power and Infrastructure Board (Amendment) Act, 2023.

(2) It shall come into force at once.

  1. Amendment of preamble, Act VI of 2012.–In the Private Power Infrastructure Board Act, 2012 (VI of 2012), hereinafter called as the said Act, in the preamble, in the second paragraph after the word “investors”, the expression “and to assist and facilitate development of transmission, distribution and generation of conventional and alternative or renewable energy and related infrastructure in order to achieve sustainable economic growth with transfer of technology for development of an indigenous technological base through a diversified energy generation” shall be inserted.
  2. Amendments of Section 2, Act VI of 2012.–In the said Act, in Section 2,–

(i)       the existing Clause (a) shall be renumbered as (aa);

(ii)      before clause (aa), renumbered as aforesaid, the following new clause shall be inserted, namely:–

“(a)     “Alternative or renewable energy” means energy that is produced by alterative or renewable resources as compared to the conventional or that are replenished naturally which do not deplete when consumed and are non-polluting and environment friendly;”;

(iii)     in clause (b), after the word “Board”, the expression “appointed under this Act” shall be inserted;

(iv)     after clause (c), the following new clause (ca) shall be inserted, namely:–

“(ca)   “institute” means institute of alternative and renewable energy-technologies established under this Act;”;

(v)      after clause (e), the following new clause (ea) shall be inserted, namely:

“(ea)   “organization” means an organization of the alternative and renewal energy established under this Act;”;

(vi)     in clause (g), after the word “regulations,” the words, “made under this Act” shall be inserted; and

(vii)    after clause (g), amended as aforesaid, the following new clause (ga) shall be inserted, namely:–

“(ga)   “Prime Minister” means the Prime Minister of the Islamic Republic of Pakistan;”.

  1. Amendment of Section 5, Act VI of 2012.–In the said Act, in Section 5, in sub-section (2),–

(i)       in clause (a), after the word “policies”, the expression “, including for the utilization of alternative or renewable energy resources” shall be inserted; and

(ii)      after clause (b), the following new clauses shall be inserted, namely:–

“(ba)   develop national strategy, policies and plans for utilization of alternative and renewable energy resources to achieve the targets approved by the Federal Government in consultation with the Board;

(bb)    act as a forum for evaluating proposals, monitoring of the projects and alternative and renewable energy products and to certify their vendors, installers and service providers;

(bc)     create awareness and motivation of the need to set up alterative and renewable energy projects for benefit of general public as well as evaluating concepts and technologies from technical and financial perspective;

(bd)    conduct feasibility studies and surveys to identify opportunities for power generation and other applications through conventional and alternative and renewable energy resources;

(be)    make legislative proposals to enforce use and installation of equipment utilizing alternative and renewable energy;

(bf)     setup alternative or renewable energy projects on its own or through joint venture or partnership with public or private entities in order to create awareness and motivation of the need to take such initiatives for the benefit of general public as well as by evaluating concepts and technologies from technical and financial perspectives;

(bg)    interact and co-ordinate with international and national agencies for promotion and development of alternative or renewable energy;

(bh)    assist in development and implementation of plans with concerned authorities and provincial governments and special areas for off-grid electrification;

(bi)     to develop or cause to be developed electric power installations and infrastructure in accordance with the power policies and act as an independent auction administrator and perform other functions in the electric power market;

(bj)     to act as a coordinating agency for commercial application of alternative or renewable technology;”.

  1. Insertion of Sections 5A and 5B, Act VI of 2012.–In the said Act, after Section 5, amended as aforesaid, the following new Sections 5A and 5B shall be inserted, namely:–

“5A.Organization of the Board.–(1) The Board may, for carrying out its functions for promotion and development of transmission, distribution and generation of conventional and alternative and renewable energy and related infrastructure, monitoring of alternative and renewable energy products and projects, project management and certification of vendors, installers and service providers, establish one or more organization as it may consider necessary.

(2)      An organization established under sub-section (1) shall be subject to control and supervision of the Board and shall function within the framework of this Act, and perform such functions as may be prescribed by regulations.

5B. Institute of energy technologies.–(1) The Board may, for carrying out its functions of commercial application of alternative or renewable energy and development and promotion of generation, transmission and distribution and related infrastructure, establish an institute for the development of corresponding human resource. The institute shall also provide economic and policy counseling and conduct alternative or renewable economic research.

(2)      The institute established under sub-section (1) shall conduct its business in such manner as may be prescribed by regulations.

(3)      The institute may be funded subject to the public finance management Act, 2019, by such fees and charges as may be prescribed by rules.”

  1. Amendment of Section 6, Act VI of 2012.–(1) In the said Act, in Section 6, in sub-section (1),–

(i)       in clause (a), for the expression “Minister for Water and Power” the expression “Secretary of the administrative Division” shall be substituted”;

(ii)      clause (b), shall be omitted.

(iii)     after clause (c), the following new clause (ca) shall be inserted, namely:–

(ca)     Secretary of the Division to which business of climate change stands allocated or his nominee not below the rank of Additional Secretary or equivalent–Member;

(iv)     in clause (d), for the expression “; Ministry of Petroleum and Natural Resources”, the expression “of the Division to which business of Petroleum stands allocated” shall be substituted; and

(v)      in clause (j), the expressions “each”, “and FATA” and “and Governor Khyber Pakhtunkhawa respectively” shall be omitted.

  1. Amendment of Section 7, Act VI of 2012.–In the said Act, in Section 7, in sub-section (7), in clause (c), for the words “Federal Government”, the word “Board” shall be substituted.
  2. Amendment of Section 14, Act VI of 2012.–In the said Act, in Section 14, in sub-section (1), in clause (e), the word “and” at the end shall be omitted and in clause (f), for the full stop, a semi colon shall be substituted and thereafter the following new clauses shall be inserted, namely:-

“(g)     funds provided by the Federal Government for meeting the objectives of this Act including for payment of salaries, establishing infrastructure and running day to day business of the Board;

(h)      foreign aid, grants, loans negotiated or raised or otherwise obtained by the Board, directly or through the Division to which business of economic affairs stands allocated;

(i)       income from sale of movable or immovable property; and

(j)       funds from floating bonds, shares, debentures, commercial papers or other securities issued by the Board or through any other means.”

  1. Amendment of Section 23, Act VI of 2012.–In the said Act, in Section 23, for the Word “Board”, the words “Federal Government” shall be substituted.
  2. Amendment of Section 24, Act VI of 2012,–In the Act, in Section 24 for the words “Managing Director” the word “Board” shall be substituted and the expression “,with the approval of the Board,” shall be omitted.
  3. Insertion of Sections 30, 31, 32 and 33, Act VI of 2012.–In the said Act, after Section 29, the following new Sections shall be inserted, namely:–

“30. Dissolution of Alternative Energy Development Board.--(1) Upon commencement of the Private Power and Infrastructure Board (Amendment) Act, 2021, the Alternative Energy Development Board established under Section 3 of the Alternative Energy Development Board Act, 2010 (Act XIV of 2010) shall stand dissolved and upon such dissolution,–

(a)      the alternate energy fund established under Section 13 of the Alternative Energy Development Board Act, 2010 (Act XIV of 2010) shall stand transferred and vest in the Private Power and Infrastructure Development Board Fund established under Section 14;

(b)      all assets, rights, powers, authorities and privileges and all property, cash and bank balances, reserve funds, investment and all other interests and rights in or arising out of such property and all debts, liabilities and obligations of whatever kind of the dissolved Alternative Energy Development Board subsisting immediately before its dissolution, shall stand transferred to and vest in the PPIB;

(c)      notwithstanding anything contained in this section or any other law for the time being in force or in any agreement, deed, document or other instrument, all officers consultants, advisers, auditors and other employees and staff of the dissolved Alternative Energy Development Board shall, after the commencement of the Private Power and Infrastructure Board (Amendment) Act, 2021, stand transferred and to be officers, consultants, advisor, auditors and employees and staff of the PPIB:

Provided that–

(i)       upon such transfer the emoluments of all officers; other employees and staff of the dissolved Alternative Energy Development Board shall not be varied to their disadvantage as they were entitled to receive in accordance with the dissolved Alternative Energy Development Board Act, 2010 (Act XIV of 2010);

(ii)      The persons so transferred shall be deemed to have been appointed or engaged by the PPIB in such grades; and on such terms and conditions as will be determined by the Board having regard to equivalence of respective grades, qualifications and experience of employees of the dissolved Alternative Energy Development Board with the respective grades, qualifications and experience of existing staff of PPIB;

(iii)     Persons so transferred shall not be entitled to additional compensation only because of such continuance or transfer; and

(iv)     Any civil servants appointed to or working in the dissolved Alternative Energy Development Board shall upon their transfer to the PPIB continue to be governed by the Civil Servants Act, 1973 (LXXI of 1973) and rules made thereunder.

(d)      immediately after the commencement of the Private Power and Infrastructure Board (Amendment) Act, 2021, the Board shall announce and notify a voluntary separation allowance under a voluntary separation scheme for such transferred officers, other employees and staff who may opt for such voluntary separation allowance within a period of three months after such notification after such option is exercised and payment of such voluntary separation allowance is made to such officers, other employees and staff, their employment shall stand terminated with immediate effect. After such maximum period of three months such transferred officers employees and staff who have not opted for voluntary separation allowance shall be deemed to have been appointed and engaged by the Board from the date of such transfer. All payments made in respect of such voluntary separation scheme by PPIB shall be reimbursed by the Federal Government within a period of six months;

(e)      all debts and obligations incurred or contracts entered into, guarantees issued, rights acquired and all matters and things engaged to be done by, with or for the dissolved Alternative Energy Development Board shall be deemed to have been incurred, entered into, acquired or engaged to be done by, with or for the PPIB;

(f)       all suits, arbitrations and other legal, proceedings instituted by or against the dissolved Alternative Energy Development Board before its dissolution shall be deemed to be suits, arbitrations and proceedings by or against the PPIB and shall be proceeded or otherwise dealt with accordingly; and

(g)      any reference to the Alternative Energy Development Board so dissolved in any statutory instrument, policy or other document or instrument shall, unless the context otherwise requires, be read and construed as reference to be PPIB.

(2) Notwithstanding anything contained to the contrary in the Private Power and Infrastructure Board (Amendment) Act, 2021, the terms and conditions of the existing PPIB officers, other employees and staff shall not be varied to their disadvantage due to appointment and engagement of such transferred officers, employees and staff.

(3) All rules, regulations, policies, notifications, orders, tax exemptions as provided under Section 24 of the Alternative

 

Energy Development Board Act, 2010 (Act XIV of 2010) or instructions in force pertaining to or in any way concerned with or affecting the dissolved Alternative Energy Development Board immediately before commencement of the Private Power Infrastructure Board (Amendment) Act, 2021, shall, so far as they are not inconsistent with any of the provisions of this Act, continue to be in force until repealed, altered or rescinded by rules or regulations made under this Act.

  1. Exemption from taxes.–Notwithstanding anything contained in the Income Tax Ordinance, 2001 (XLIX of 2001), or any other law for the time being in force relating to income tax, the Board shall not be liable to pay any such tax on its income, investment, capital profit, wealth, gifts or gains.
  2. Issuance of policy directives.–The Federal Government may as and when it considers necessary issue policy directives, not inconsistent with this Act, to the Board in respect of its activities and compliance of such directives shall be binding on the Board.
  3. Repeal.–The alternative Energy Development Board Act, 2010 (XIV of 2010) is hereby repealed.”

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ACT NO. XXVII OF 2023

KALAM BIBI INTERNATIONAL WOMEN INSTITUTE BANNU ACT, 2023

An Act to provide for the establishment of the Kalam Bibi International Women Institute Bannu

[Gazette of Pakistan, Extraordinary, Part-I, 10th June, 2023]

No. F. 9(12)/2023-Legis., dated 8.6.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 7th June, 2023 and is hereby published for general information:-

WHEREAS, it is expedient in public interest to upgrade Women Campus of University of Bannu to full fledge Kalam Bibi International Women Institute Bannu Khyber Pakhtunkhwa and for the matters connected therewith and ancillary thereto;

It is hereby enacted as follows:–

CHAPTER-I

PRELIMINARY

  1. Short title, application and commencement.–(1) This Act shall be called as the Kalam Bibi International Women Institute Bannu Act, 2023.

(2) It shall extend to the whole of Pakistan.

(3) It shall come into force at once.

  1. Definitions.–In this Act, unless there is anything repugnant in the subject or context,–

(i)       “Academic Council” means the Academic Council of the Institute;

(ii)      “affiliated college” means an educational institution affiliated to the Institute but not maintained or administered by it;

(iii)     “Authority” means any of the Authorities of the Institute specified in Section 20;

(iv)     “Chairman” means the Chairman or the head of an academic department and includes Principal of a constituent college or Director of an institute;

(v)      “Chairperson” means Chairperson of the Senate;

(vi)     “Chancellor” means the Chancellor of the Institute;

(vii)    “Commission” means the Higher Education Commission set up under the Higher Education Commission Ordinance, 2002 (LIII of 2002);

(viii)   “Controller of Examinations” means the Controller of Examinations of the Institute;

(ix)     “constituent institution” means a constituent institution, college, or school of the Institute by whatever name call for but established, maintained, and administered by the Institute;

(x)      “Dean” means the head of any Faculty, or the Head of any academic body granted the status of a Faculty under this Act or by the Statutes or Regulations;

(xi)     “department” means a teaching department maintained and administered or recognized by the Institute in the prescribed manner;

(xii)    “Director” means the head of a constituent college or unit;

(xiii)   “Faculty” means an administrative and academic unit of the Institute consisting of one or more departments, as may be prescribed;

(xiv)   “Government” means the Federal Government;

(xv)    “Institute” means the Kalam Bibi International Women Institute Bannu;

(xvi)   “Institute teacher” means a whole-time teacher appointed and paid by the Institute, or recognized by the Institute as such;

(xvii)  “prescribed” means prescribed by Statutes, Regulations or Rules made under this Act;

(xviii) “Pro-Chancellor” means Pro-Chancellor of the Institute;

(xix)   “registered Graduate” means a graduate of the Institute whose name stands entered in the registered maintained for this purpose;

(xx)    “Registrar” means the Registrar of the Institute;

(xxi)   “Representation Committees” means the Representation Committees constituted under Section 28;

(xxii)  “Review Panel” means the Review Panel set up by the Chancellor in accordance with the provisions of Section 10;

(xxiii) “Search Committee” means the Search Committee set up by the Senate under Section 13;

(xxiv) “Secretariat” means Secretariat headed by the Vice-Chancellor of the Institute as administrative conglomeration comprising Registrar, Controller of Examinations, Treasurer and Deans to assist the Vice-Chancellor;

(xxv)  “Senate” means the Senate of the Institute;

(xxvi) “Statutes”, “Regulations” and “Rules” means respectively the Statutes, the Regulations and the Rules made under this Act and for the time being in force;

(xxvii) “Syndicate” means the Syndicate of the Institute;

(xxviii) “teachers” include Professors, Associate Professors, Assistant Professors and Lecturers engaged whole-time by the Institute and such other persons as may be declared by Regulations of to be teachers;

(xxix) “Treasurer” means the Treasurer of the Institute; and

(xxx)  “Vice-Chancellor” means the Vice-Chancellor of the Institute specified in Section 12.

CHAPTER-II

THE INSTITUTE

  1. Incorporation.–(1) As soon as may be after coming into force of this Act, the Women Campus of the University of Bannu shall, by notification in the official Gazette, be reconstituted as the Kalam Bibi International Women Institute Bannu in accordance with the provisions of this Act.

(2) The Institute shall be a body corporate by the name of the Kalam Bibi International Women Institute Bannu and shall have a perpetual succession and a common seal and may, by the said name, sue and be sued.

(3) The Institute shall be competent to acquire and hold property, both movable and immovable, and to lease, sell or otherwise transfer any movable and immovable property which may have become vested in or been acquired by it. It shall also be competent to receive grants.

(4) Notwithstanding anything contained in any other law for the time being in force, the Institute shall have academic, financial and administrative autonomy, including the power to employ officers, teachers and other employees on such terms and conditions as may be prescribed, subject to the provisions of this Act and the Higher Education Commission Ordinance, 2002 (LIII of 2002). In particular and without prejudice to the authority granted to the Commission by the law, the Government or an authority or auditor appointed by the Government shall have no power to question the policy underlying the allocation of resources approved by the Senate in the annual budget of the institute.

(5) The Institute shall be liable to provide facilities to the representatives of the Commission, or such similar relevant organizations for visitation to enable them to verify that the Institute is maintaining appropriate academic standards.

  1. The Institute shall consist of–

(a)      the Chancellor, Pro-Chancellor, members of the Senate and the Vice-Chancellor;

(b)      the members of the Authorities of the Institute established under Section 20;

(c)      all Institute teachers and persons recognized as students of the institute in accordance with terms prescribed from time to time; and

(d)      all other full-time employees of the Institute.

  1. Powers and purposes of the Institute.–The Institute shall have the following powers and purposes, namely:–

(i)       to provide for instructions in such branches of learning as it may deem fit and to make provisions for teaching, training, research and development of technologies and for the advancement and dissemination of knowledge in such other fields or branches of study as the Senate may determine;

(ii)      to prescribe courses of studies to be conducted by it and the constituent colleges;

(iii)     to hold examinations and to award and confer degrees, diplomas, certificates and other academic distinctions to and on persons, who have been admitted to and have passed its examinations under prescribed conditions;

(iv)     to prescribe the terms and conditions of employment of the officers, teachers and other employees of the Institute and to lay down terms and conditions that may be different from those applicable to Government servants in general;

(v)      to engage, where necessary, persons on contract of specified duration and to specify the terms of each engagement;

(vi)     to confer honorary degrees or other distinctions on approved persons in the prescribed manner;

(vii)    to provide for such instruction for persons not being students of the Institute as it may prescribe and to grant certificates and diplomas to such persons;

(viii)   to institute programs for the exchange of students and teachers between the colleges and other universities, educational institutions and research organizations, inside as well as outside Pakistan;

(ix)     to provide career counseling and job search services to students and alumni;

(x)      to maintain linkages with alumni;

(xi)     to develop and implement fund-raising plans;

(xii)    to provide and support the academic development of the faculty;

(xiii)   to confer degrees on persons who have carried on independent research under prescribed conditions;

(xiv)   to accept the examinations passed and the period of study spent by students of the institute at other universities and places of learning equivalent to such examinations and periods of study in the Institute, as it may prescribe and to withdraw such acceptance;

(xv)    to co-operate with other universities, public authorities or private organizations, inside as well as outside Pakistan, in such manner and for such purposes as it may prescribe;

(xvi)   to institute professorships, associate professorships, assistant professorships and lectureships and any other posts and to appoint persons thereto;

(xvii)  to create posts for research, teaching, extension, administration and other related purposes and to appoint persons thereto;

(xviii) to affiliate and disaffiliate educational institutions under prescribed conditions;.

(xix)   to inspect colleges and other educational institutions affiliated or seeking affiliation with it;

(xx)    to recognize selected members of the teaching staff of affiliated colleges or educational institutions admitted to the privileges of the Institute or such other persons as it may deem fit, as Institute teachers;

(xxi)   to institute and award financial assistance to students in need, fellowships, scholarships, bursaries, medals and prizes under prescribed conditions;

(xxii)  to establish teaching departments, schools, constituent colleges, faculties, institutes, museums and other centers of learning for the development of teaching and research and to make such arrangements for their maintenance, management and administration as it may prescribe in different parts of the country;

(xxiii) to provide for the residence of the students of the Institute and the constituent colleges, to institute and maintain halls of residence and to approve or license hostels and lodging;

(xxiv) to maintain order, discipline and security on the campuses of the Institute and the constituent colleges;

(xxv)  to promote the extra-curricular and recreational activities of such students and to make arrangements for promoting their health and general welfare;

(xxvi) to demand and receive such fees and other charges as it may determine;

(xxvii) to make provision for research, advisory or consultancy services and with these objects to enter into arrangements with other institutions, public or private bodies and commercial and industrial enterprises under prescribed conditions;

(xxviii) to enter into, carry out, vary or cancel contracts;

(xxix) to receive and manage property transferred and grants, contributions made to the Institute and to invest any fund representing such property, grants, bequests, trusts, gifts, donations, endowments or contributions in such manner as it may deem fit;

(xxx)  to provide for the printing and publication of research and other works;

(xxxi) to make Rules, Regulations and Statutes for the Institute; and

(xxxii) to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite or expedient to further the objectives of the Institute as a place of education, learning and research.

  1. The principle seat of the Institute shall be at Bannu, Khyber Pakhtunkhwa and it may set up any number of campuses, colleges and institutes at other places in Pakistan and abroad with prior approval of the Chancellor and Commission after completion of ten years of establishment of the Institute.
  2. Institute open to all classes, creeds, etc.–(1) The Institute shall be open to all persons of female gender of whatever religion, race, caste, class, creed, colour or domicile who qualify for admission to the courses of study offered by the Institute based on the criteria and policy determined by the Senate and no such person shall be denied the privileges of the Institute on the ground only of religion, race, caste, class, colour or domicile.

(2) An increase in any fee or charge that is in excess of ten per cent per annum on an annualized basis from the last such increase may not be made except in special circumstances and only with approval of the Chancellor.

(3) The Institute shall initiate financial aid programs for students in need, to the extent considered feasible by the Senate given the resources available, so as to enable admission and access to the Institute and the various opportunities provided by it to be based on merit rather than ability to pay:

Provided that the Institute may initiate self-finance schemes covering not more than ten percent of the total number of candidates in any on campus taught course or research-based program of study.

  1. Teaching and examination at the Institute.–(1) All academic programs of the Institute shall be conducted in the prescribed manner and the Senate shall ensure that the courses of study, the curriculum and the practical work at the Institute are comparable in standard with other similar institutions.

(2) All recognized teaching in various courses shall be conducted by the Institute in the prescribed manner and may include lectures, tutorials, discussions, seminars, demonstrations, distance learning and other methods of instruction as well as practical work in the laboratories, hospitals, workshops and other governmental or private organizations.

(3) The authority responsible for organizing recognized academic programs shall be such as may be prescribed.

(4) The Institute shall associate internal and external examiners in the conduct of examinations.

CHAPTER-III

OFFICERS OF THE INSTITUTE

  1. Principal officers.–The following shall be the principal officers of the Institute, namely:–

(a)      the Chancellor;

(b)      the Pro-Chancellor;

(c)      the Vice-Chancellor;

(d)      the Deans;

(e)      the Chairmen of the teaching departments;

(e)      the Directors of the constituent colleges;

(f)       the Registrar;

(g)      the Treasurer;

(h)      the Controller of Examinations; and

(i)       such other persons, as may be prescribed by the Statutes or Regulations, to be the officers of the Institute.

  1. Chancellor.–(1) The President of the Islamic Republic of Pakistan shall be the Chancellor of the Institute.

(2) The Chancellor shall, when present, preside over the meetings of the Senate and the convocation of the Institute. In the absence of the Chancellor, the Pro-Chancellor shall preside over the convocation of the Institute.

(3) The members of the Senate as well as Vice-Chancellor shall be appointed by the Chancellor from amongst the persons recommended by the Representation Committee set up for this purpose under sub-section (1) of Section 28 along with those elected.

(4) Every proposal to confer an honorary degree shall be subject to confirmation by the Chancellor.

(5) If the Chancellor is satisfied that a serious irregularity or mismanagement with respect to the affairs of the Institute has occurred, he may,–

(a)      as regards proceedings of the Senate, direct that specified proceedings be reconsidered and appropriate action taken within one month of the direction having been issued:

Provided that if the Chancellor is satisfied that either no reconsideration has been carried out or that the reconsideration has failed to address the concern expressed, he may after calling upon the Senate to show-cause in writing, appoint a five-member review panel to examine and report to the Chancellor on the functioning of the Senate. The report of the review panel shall be submitted within such time as may be prescribed by the Chancellor. The review panel shall be drawn from persons of eminence in academics in the fields of law, accountancy and administration or as deem fit by the Chancellor; and

(b)      as regards proceedings of any Authority or with respect to matters within the competence of any Authority other than the Senate, direct the Senate to exercise powers under Section 18.

  1. Pro-Chancellor.–The Provincial minister-in-charge of the concerned department dealing with the subject of higher education shall be the Pro-Chancellor of the Institute and shall in absence of the chancellor preside over the convocation of the Institute.
  2. Vice-Chancellor.–(1) There shall be a Vice-Chancellor of the Institute who shall be a person of national eminence and proven ability with significant contribution to higher education as an academician, researcher or administrator and shall be appointed on such terms and conditions as may be prescribed.

(2) The Vice-Chancellor shall be the Chief executive Officer and principal accounting officer of the Institute responsible for all administrative and academic functions of the Institute and for ensuring that the provisions of this Act, Statutes, Regulations and Rules are faithfully observed to promote the general efficiency and good order of the Institute. The Vice-Chancellor shall have all powers prescribed for this purpose, including administrative control over the officers, teachers and other employees of the Institute.

(3) The Vice-Chancellor shall, if present, be entitled to attend any meeting of any Authority or body of the Institute.

(4) The Vice-Chancellor may, in an emergency that in his opinion requires immediate action ordinarily not in the competence of the Vice-Chancellor, take such action and forward, within seventy-two hours, a report of the action taken to the members of the Emergency Committee of the senate, to be set up by Statute and the Emergency Committee may direct such further action as is considered appropriate.

(5) The Vice-Chancellor shall also have the following powers, namely:­-

(a)      to direct teachers, officers and other employees and the Secretariat to take up such assignments in connection with examination, administration, and such other activities in the Institute as he may consider necessary for the purposes of the Institute;

(b)      to sanction by re-appropriation an amount not exceeding an amount prescribed by the Institute for an unforeseen item not provided for in the budget and report it to the Senate at the next meeting;

(c)      to make appointments of such categories of employees of the Institute and in such manner as may be prescribed by the Statutes;

(d)      to suspend, punish and remove, in accordance with the prescribed procedure, from service officers, teachers and other employees of the Institute;

(e)      to delegate, subject to such conditions as may be prescribed, any of his powers under this Act to an officer or officers of the Institute; and

(f)       to exercise and perform such other powers and functions as may be prescribed.

(6) The Vice-Chancellor shall present an annual report before the Senate within three months of the close of the academic year. The annual report shall present such information as regards the academic year under review as may be prescribed, including disclosure of all relevant facts pertaining to–

(a)      academics;

(b)      research;

(c)      administration; and

(d)      finances.

(7) The Vice-Chancellor shall make available an annual report, prior to its presentation before the Senate, to all officers and Institute teachers and it shall be published in such numbers, and uploaded on the Institute website, as required to ensure its wide circulation.

  1. Appointment and removal of the Vice-Chancellor.–(1) The Vice-Chancellor shall be appointed by the Chancellor on the basis of recommendations made by the Senate as provided herein below.

(2) A Search Committee for the recommendation of persons suitable for appointment as Vice-Chancellor shall be constituted by the Senate on the date and in the manner prescribed by Statutes and shall consist of two eminent members of society nominated by the Chancellor of whom one shall be appointed as convener, two members of the Senate, two distinguished Institute teachers who are not members of the Senate and one academician of eminence not employed by the Institute. The two distinguished Institute teachers shall be selected by the Senate through a process prescribed by Senate, which provides for the recommendation of suitable names by the Institute teachers in general. The search Committee shall remain in existence till such time that the appointment of the next Vice-Chancellor has been made by the Chancellor.

(3) The persons proposed by the Search Committee for appointment as Vice-Chancellor will be considered by the Institute and of these a panel of three in order of priority shall be recommended by the Senate to the Chancellor:

Provided that the Chancellor may decline to appoint any of the three persons recommended and seek recommendation of a fresh panel. In the event of a fresh recommendation being sought by the Chancellor the Search Committee shall make a proposal to the Senate in the same manner as provided for in sub­ section (2).

(4) The Vice-Chancellor shall be appointed for a renewable tenure of four years on the terms and conditions prescribed by the Statute. The tenure of an incumbent Vice-Chancellor of the Institute shall be renewed once by the Chancellor on receipt of a resolution of the Senate in support of such renewal:

Provided that the Chancellor may call upon the Senate to reconsider such resolution once:

Provided further that present 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 accordance with the procedure prescribed under this Act.

(5) The Senate may, pursuant to a resolution in this behalf passed by three fourths of its membership, recommend to the Chancellor the removal of the Vice-Chancellor on the grounds of inefficiency, moral turpitude or physical or mental incapacity or gross misconduct, including misuse of position for personal advantages of any kind:

Provided that the Chancellor may make a reference to the Senate stating the instances of inefficiency, moral turpitude or physical or mental incapacity or gross misconduct on the part of the Vice-Chancellor that has come to his notice. After consideration of the reference, the Senate may, pursuant to a resolution in this behalf passed by two-third of its membership, recommend to the Chancellor removal of the Vice-Chancellor:

Provided further that prior to a resolution for the removal of the Vice-Chancellor being voted upon, the Vice-Chancellor shall be given an opportunity of being heard.

(6) A resolution recommending the removal of the Vice-Chancellor shall be submitted to the Chancellor forthwith. The Chancellor may accept the recommendation and order the removal of the Vice-Chancellor or return the recommendation to the Senate.

(7) At any time when the office of the Vice-Chancellor is vacant, or the Vice-Chancellor is absent or is unable to perform the functions of his office due to illness or some other cause, the Senate shall make arrangements in accordance with the Statutes for the performance of the duties of the Vice-Chancellor.

  1. Registrar.–(1) There shall be a Registrar of the Institute having prescribed experience and qualifications, to be appointed by the Senate on the recommendation of the Selection Board, on such terms and conditions as may be prescribed.

(2) The Registrar shall be a full-time officer of the Institute and shall,–

(a)      be the custodian of the common seal and the academic records of the Institute;

(b)      maintain a register of registered graduates in the prescribed manner;

(c)      supervise the process of election, appointment, or nomination of members to the various Authorities and other bodies in the prescribed manner; and

(d)      perform such other duties as may be prescribed.

(3) The term of office of the Registrar shall be a renewable period of three years:

Provided that the Senate may, on the advice of the Vice-Chancellor, terminate the appointment of the Registrar on grounds of inefficiency or misconduct in accordance with the prescribed procedure.

(4) When the office of the Registrar is vacant or the Registrar is absent or unable to perform his functions owing to any cause, the Senate shall make temporary arrangements for the performance of duties of the Registrar, but the period of such temporary arrangements shall not exceed six months, and the Registrar shall be appointed during that period.

  1. Treasurer.–(1) There shall be a Treasurer of the Institute, having prescribed experience and qualifications to be appointed by the Senate on the recommendation of the Selection Board, on such terms and conditions as may be prescribed.

(2) The Treasurer shall be the chief financial officer of the Institute and shall–

(a)      manage the assets, liabilities, receipts, expenditures, funds, and investments of the Institute;

(b)      prepare the annual and revised budget estimates of the Institute and present them to the Syndicate or a committee thereof for approval and incorporation in the budget to be presented to the Senate;

(c)      ensure that the funds of the Institute are expended on the purposes for which they are provided;

(d)      have the accounts of the Institute prepared and audited annually to be available for submission to the Senate within six months of the close of the financial year; and

(e)      perform such other duties as may be prescribed.

(3) The term of office of the Treasurer shall be for a renewable period of three years:

Provided that the Senate may, on the advice of the Vice-Chancellor, terminate the appointment of the Treasurer on grounds of inefficiency or misconduct in accordance with the prescribed procedure.

(4) When the office of the Treasurer is vacant or the Treasurer is absent or unable to perform his functions owing to any cause, the Senate shall make temporary arrangements for the performance of duties of the Treasurer, but the period of such temporary arrangements shall not exceed six months, and the Treasurer shall be appointed during that period.

  1. Controller of Examinations.–(1) There shall be a Controller of Examinations of the Institute having the prescribed experience and qualifications, to be appointed by the Senate on the recommendation of the Selection Board, on such terms and conditions as may be prescribed.

(2) The Controller of Examinations shall be a full-time officer of the Institute and shall be–

(a)      responsible for all matters connected with the conduct of examinations and to perform such other duties as may be prescribed;

(b)      responsible for secrecy and confidentiality of examinations and results and to perform such other duties as may be prescribed; and

(c)      perform such prescribed duties in the Secretariat.

(3) The Controller of Examinations shall be appointed for a renewable term of three years:

Provided that the Senate may, on the advice of the Vice-Chancellor, terminate the appointment of the Controller of Examinations on grounds of inefficiency or misconduct in accordance with the prescribed procedure.

(4) When the office of the Controller of Examinations is vacant or the Controller of Examinations is absent or unable to perform his functions owing to any cause, the Senate shall make temporary arrangements for the performance of duties of the Controller of Examinations, but the period of such temporary arrangements shall not exceed six months, and the Controller of Examination shall be appointed during that period.

  1. Director Planning and Development.–(1) There shall be a Director Planning and Development of the Institute to be appointed by the Senate on the recommendations of the Syndicate for a period of three years once renewable on such terms and conditions as may be prescribed.

(2) The minimum experience as well as the professional and academic qualifications necessary for the appointment to the post of Director Planning and Development shall be prescribed.

(3) The Director Planning and Development shall be responsible for all matters connected with planning and development and perform such other duties as may be prescribed.

(4) The Director Planning and Development shall–

(a)      prepare short and long-term plans and development programs to meet vision, goals and priorities set by the Institute management or Senate;

(b)      conduct comprehensive review, assessment, and analysis of development planning process (project identification, appraisal, selection, implementation and monitoring and mechanism;

(c)      develop a strategy for improving development of planning processes and mechanisms based on findings of the situation analysis;

(d)      provide technical support in developing project proposals and PCs-I for the Institute;

(e)      be responsible for preparation of the PC-I, PC-II, PC-III, PC-IV and PC-V;

(f)       be responsible for preparation of cash work and activity plan;

(g)      be responsible for preparation of quarterly expenditure statements;

(h)      be responsible for preparation of monthly and quarterly progress reports;

(i)       coordinate with works, purchases, store units and accounts; and

(j)       communicate or submit reports, plans and projects to different donors.

(5) The Senate may on the recommendations or advice of Syndicate, terminate the services of Director Planning and Development on grounds of inefficiency or misconduct in accordance with the prescribed procedure.

  1. Director Quality Enhancement Cell (QEC).–(1) There shall be a Director Quality Enhancement Cell (QEC) of the Institute to be appointed by the Senate on the recommendations of the Syndicate for a renewable period of three years on such terms and conditions as may be prescribed.

(2) The minimum experience as well as the professional and academic qualifications necessary for the appointment to the post of Director Quality Enhancement Cell (QEC) shall be as may be prescribed.

(3) The Director Quality Enhancement Cell (QEC) shall be responsible to–

(a)      review the quality standards and the quality of teaching and learning in each subject area;

(b)      review the academic association with other institutions in terms of effective management of standards and quality of programs;

(c)      define clear and explicit standards as points of reference for the review to be carried out. It should also help the employees to know as to what they could expect from candidates;

(d)      develop qualifications framework by setting out the attributes and abilities that can be expected from the holder of a qualification, i.e. undergraduate and graduate programs;

(e)      develop program specifications. These are standards set of information clarifying what knowledge, understanding, skills and other attributes a student will have developed on completing a specific program;

(f)       develop quality assurance processes and methods of evaluation to affirm that the quality of provision and the standard of awards are being maintained and to foster curriculum, subject and staff development together with research and other scholarly activities;

(g)      ensure that the Institute’s quality assurance procedures are designed to fit in with the arrangements in place nationally and internationally for maintaining and improving the quality of higher education; and

(h)      develop procedures and processes, monitoring and evaluation systems and standards for the following:–

(i)       approval of new program;.

(ii)      annual monitoring and evaluation including program monitoring, faculty monitoring and student perceptions;

(iii)     departmental review;

(iv)     student feedback;

(v)      employer feedback;

(vi)     quality assurance of undergraduate, graduate and doctoral programs,

(vii)    institutional assessment and performance evaluation;

(viii)   program specifications; and

(ix)     qualification framework.

(4) Director, Quality Enhancement Cell (QEC) shall be a member of all statutory bodies and committees of the Institute.

(5) The Senate may on the recommendations or advice of the Syndicate, terminate the services of the Director Quality Enhancement Cell (QEC) on grounds of inefficiency or misconduct in accordance with the prescribed procedure.

  1. Director of Office of Research, Innovation and Commercialization (ORIC).–(1) There shall be a Director, ORIC of the Institute to be appointed by the Senate on the recommendations of the Syndicate for a renewable period of three years on such terms and conditions as may be prescribed.

(2) The minimum experience as well as the professional and academic qualifications necessary for the appointment to the post of Director, ORIC shall be such as may be prescribed.

(3) The Director, ORIC shall–

(a)      manage and enhance the research activities of the Institute, develop research policies and priorities, work for fund-raising for research, mobilize faculty, business community and industry for research commercialization and serve as an effective advocate for research with the Institute and to its broader community of stakeholders and supporters;

(b)      to supervise all aspects of the operation of the Office for Research including research administration (budgeting, auditing, accounting, human resources, management and maintenance of facilities and equipment, implementation of research contracts and human resources);

(c)      to develop programs and activities that will increase funding for research from all public and private sources, establish and maintain excellent relationships with donors and private sources and oversee proposals development and submission;

(d)      to promote the development of public-private partnerships in support of Institute research, link the Institute’s research community with the needs and priorities of the corporate sector, develop opportunities for applied research and explore opportunities for technology transfer and commercialization of Institute research (including incubators and research parks);

(e)      be responsible for monetizing royalty streams from licences; and

(f)       collaborate with the principal liaison for technical marking and licensing on the commercialization of the Institute’s intellectual property in coordination with other relevant departments and offices.

(4) Director (ORIC) shall work in close liaison with the Office of Research and Development, Planning and Development and Institute’s technology park.

(5) The Senate may on the recommendations or advice of Syndicate terminate the services of Director (ORIC) on grounds of inefficiency or misconduct in accordance with the prescribed procedure.

CHAPTER-IV

AUTHORITIES OF THE UNIVERSITIES

  1. Authorities.–(1) The following shall be the Authorities of the Institute, namely:–

(a)      Authorities established by this Act shall be­-

(i)       the Senate;

(ii)      the Syndicate; and

(iii)     the Academic Council; and

(b)      Authorities to be established by the Statutes shall be–

(i)       Graduate and Research Management Council;

(ii)      Recruitment, Development, Evaluation and Promotion Committees for teachers and other staff whether at the level of the department, the Faculty or the Institute;

(iii)     Career Placement and internship Committee of each Faculty;

(iv)     Search Committee for the appointment of the Vice-Chancellor;

(v)      the Representation Committees for appointment to the Senate, Syndicate and the Academic Council;

(vi)     Affiliation Committee;

(vii)    Faculty Council; and

(viii)   Departmental Council.

(2) The Senate, the Syndicate and the Academic Council may set up such other committees or sub-committees, by whatever name described, as are considered desirable through Statutes or Regulations as appropriate. Such committees or sub-committees shall be Authorities of the institute for the purposes of this Act.

  1. Senate.–(1) The body responsible for the governance of the Institute shall be the Senate, and shall consist of the following, namely:-

(a)      the Chancellor who shall be the Chairperson of the Senate;

(b)      the Pro-Chancellor;

(c)      the Vice-Chancellor;

(d)      one Dean to be nominated by the Chancellor;

(e)      one female member of the National Assembly of Pakistan to be nominated by the Speaker National Assembly;

(f)       Secretary to the Government of Pakistan, dealing with the subject of education or his nominee not below the rank of an Additional Secretary;

(g)      four persons from society at large being persons of distinction in the fields of administration, management, education, academics, law, accountancy, medicine, fine arts, architecture, industry, agriculture, science, technology and engineering with a view to create diversity and balance across the various fields, to be nominated by the Chancellor:

Provided that the special focus or affiliation of the Institute may be reflected in the number of persons of distinction in an area of expertise relevant to the Institute who are appointed to the Senate;

(h)      one person from amongst the alumni of the Institute;

(i)       two persons from the academic community of the country, other than an employee of the Institute at the level of Professor or Principal of the College;

(j)       four Institute teachers, including one Professor, one Associate Professor, one Assistant Professor and one Lecturer to be elected by teachers of their respective cadres from amongst themselves;

(k)      nominee of the Higher Education Commission, not below the rank of BPS-19;

(l)       Vice-Chancellor of the public sector university to be nominated by the Chancellor; and

(m)     one industrialist to be nominated by the Government.

(2) The number of the members of the Senate described against clauses (h) to (k) of sub-section (1) may be increased by the Senate through Statutes subject to the condition that the total membership of the Senate does not exceed twenty-one with a maximum of five Institute teachers and ten from society at large, and the increase is balanced, to the extent possible, across the different categories specified in sub-section (1).

(3) All appointments to the Senate shall be made by the Chancellor. Appointments of persons described in clauses (h) to (i) of sub-section (1) shall be made from amongst a panel of three names for each vacancy recommended by the Representation Committee set up in terms of Section 28 and in accordance with procedure as may be prescribed:

Provided that effort shall be made, without compromising on quality or qualifications, to give fair representation to women on the Senate:

Provided further that as regards the Institute teachers as described in clause (j) of sub-section (1), the Senate shall prescribe a procedure for appointment on the basis of election that provide for voting by various categories of the Institute teachers:

Provided also that the Senate may alternatively prescribe that appointment of Institute teachers to the Senate shall also be in the manner provided by this sub-section for the persons described in clauses (e) and (f) of sub-section (1).

(4) Members of the Senate, other than ex-officio members, shall hold office for three years. One third of the members, other than ex-officio members, of the first restructured Senate, to be determined by lot, shall retire from office on the expiration of one year from the date of appointment by the Chancellor. One half of the remaining members, other than ex-officio members, of the first restructured Senate to be determined by lot, shall retire from the office on the expiration of two years from the date of appointment and the remaining one half other than ex-officio members, shall retire from office on expiration of the third year:

Provided that no person, other than an ex-officio member, may serve on the Senate for more than two consecutive terms:

Provided further that the Institute teachers appointed to the Senate may not serve for two consecutive terms.

(5) The Senate shall meet at least twice in a calendar year.

(6) Service in the Senate shall be on honorary basis:

Provided that actual expenses may be reimbursed as prescribed.

(7) The Registrar shall be secretary of the Senate.

(8) All decisions of the Senate shall be taken on the basis of opinion of majority of the members present. In the event of the members being evenly divided on any matter the person presiding over the meeting shall have a casting vote.

(9) The quorum for a meeting of the Senate shall be two-third of its membership, a fraction being counted as one.

  1. Powers and functions of the Senate.–(1) The Senate shall have the powers of general supervision over the Institute and shall hold the Vice­Chancellor and the Authorities accountable for all the functions of the Institute. The Senate shall also have all powers of the Institute not expressly vested in an Authority or officer by this Act and all other powers not expressly mentioned by this Act that are necessary for the performance of its functions.

(2) Without prejudice to the generality of the foregoing powers, the Senate shall have the following powers, namely:–

(a)      to approve the proposed annual plan of work, the annual and revised budgets, the annual report and the annual statement of accounts;

(b)      to hold, control and lay down policy for the administration of the property, funds and investments of the Institute, including the approval of the sale and purchase or acquisition of immovable property;

(c)      to institute the degrees to be awarded by the Institute and to oversee the quality and relevance of the Institute’s academic programs and to review the academic affairs of the Institute in general;

(d)      to approve the appointment of the Principals, Deans, Professors, Associate Professors, Assistant Professors and such other senior faculty and senior administrators as may be prescribed;

(e)      to institute schemes, directions and guidelines for the terms and conditions of appointment of all officers, teachers and other employees of the Institute;

(f)       to approve strategic plans;

(g)      to approve financial resource development plans of the Institute and to approve the strength of the teaching staff as well as the clerical and non-clerical staff and may from time to time increase the posts or decrease or abolish any previous approved posts;

(h)      to consider the drafts of Statutes and Regulations proposed by the Syndicate and the Academic Council respectively and deal with them in a prescribed manner:

Provided that the Senate may frame Statutes or Regulations on its own initiative and approve it after calling for the advice of the Syndicate or the Academic Council, as the case may be;

(i)       to annul by order in writing the proceedings of any Authority or officer if the Senate is satisfied that such proceedings are not in accordance with the provisions of this Act, Statutes or Regulations after calling upon such Authority or officer to show-cause as to why such proceedings should not be annulled;

(j)       to recommend to the Chancellor removal of any member of the Senate in accordance with the provisions of this Act;

(k)      to make appointments of members of the Syndicate, other than ex-officio members, in accordance with the provisions of this Act;

(l)       to make appointment of members of the Academic Council, other than ex-officio members, in accordance with the provisions of this Act;

(m)     to appoint emeritus Professors on such terms and conditions as may be prescribed;

(n)      to remove any person from the membership of any Authority if such person,–

(i)       has become of unsound mind; or

(ii)      has become incapacitated to function as member of such Authority; or

(iii)     has been by a court of law convicted for an offence involving moral turpitude; and

(o)      to determine the form, provide for the custody and regulate the use of the common seal of the Institute.

(3) The Senate may, subject to the provisions of this Act, delegate all or any of the powers and functions of any Authority, officer or employee of the Institute at its main campus, to any Authority, committee, officer or employee at its additional campus for the purpose of exercising such powers and performing such functions in relation to such additional campus, and for this purpose the Senate may create new posts or positions at the additional campus.

  1. Visitations.–The Senate may, in accordance with the terms and procedures as may be prescribed, cause an inspection to be made in respect of any matter connected with the Institute.
  2. Syndicate.–(1) There shall be a Syndicate of the Institute consisting of the following, namely:–

(a)      the Vice-Chancellor who shall be its Chairperson;

(b)      the Deans of the Faculties of the Institute;

(c)      three Professors from different departments, who are not members of the Senate, to be elected by the Institute teachers in accordance with the procedure to be prescribed by the Senate;

(d)      the Directors and Principals of the constituent colleges;

(e)      the Registrar;

(f)       the Treasurer;

(g)      the Director QEC;

(h)      the Director (P&D);

(i)       the Director ORIC; and

(j)       the Controller of Examinations.

(2) The Registrar shall also be the Secretary of the Syndicate.

(3) Members of the Syndicate, other than ex-officio members, shall hold office for three years.

(4) As regards the three Professors under clause (c) of sub-section (1), the Senate may, as an alternative to elections, prescribe a procedure for proposal of a panel of names by the Representation Committee set up in terms of Section 28. Appointment of persons proposed by the Representation Committee may be made by the Senate on the recommendation of the Vice-Chancellor.

(5) The quorum for a meeting of the Syndicate shall be one-half of the total number of members, a fraction being counted as one.

(6) The Syndicate shall meet at least once in each quarter of the year.

  1. Power and duties of Syndicate.–(1) The Syndicate shall be the executive body of the Institute and shall, subject to the provisions of this Act and Statutes, exercise general supervision over the affairs and management of the Institute.

(2) Without prejudice to the generality of the foregoing powers, and subject to the provisions of this Act, Statutes and directions of the Senate, the Syndicate shall have the following powers, namely:–

(a)      to consider the annual report, the annual and revised budget estimates and to submit these to the Senate;

(b)      to transfer and accept the transfer of movable property on behalf of the Institute;

(c)      to enter into, vary, carry out and cancel contracts on behalf of the Institute;

(d)      to cause proper books of accounts to be kept for all sums of money received and expended by the Institute and for the assets and liabilities of the Institute;

(e)      to invest any money belonging to the Institute including any unapplied income in any of the securities described in Section 20 of the Trusts Act, 1882 (Act II of 1882), or in the purchase of immovable property or in such other manner, as it may prescribe, with the like power of varying such investments;

(f)       to receive and manage any property transferred, and grants, bequests trusts, gifts, donations, endowments and other contributions made to the Institute;

(g)      to administer any funds placed at the disposal of the institute for specified purposes;

(h)      to provide the buildings, libraries, premises, furniture, apparatus, equipment and other means required for carrying out the work of the Institute;

(i)       to establish and maintain halls of residence and hostels or approve or license hostels or lodgings for the residence of students;

(j)       to recommend to the Senate admission of educational institutions to the privileges of the Institute and withdraw such privileges;

(k)      to recommend to the Senate affiliation or de-affiliation of colleges;

(l)       to institute Professorships, Associate Professorships, Assistant Professorships, Lectureships and other teaching posts or to suspend or to abolish such posts;

(m)     to create, upgrade, downgrade, re-designate, suspend or abolish such administrative or other posts as may be necessary;

(n)      to prescribe the duties of officers, teachers and other employees of the Institute;

(o)      to report to the Senate on matters with respect to which it has been asked to report;

(p)      to appoint members to various Authorities in accordance with the provisions of this Act;

(q)      to propose drafts of Statutes for submission to the Senate;

(r)      to regulate the conduct and discipline of the students of the institute;

(s)      to take actions necessary for the good administration of the Institute in general and to this end exercise such powers as are necessary;

(t)      to delegate any of its powers to any Authority or officer or a committee; and

(u)      to perform such other functions as have been assigned to it by the provisions of this Act or may be assigned to it by Statutes.

  1. Academic Council.–(1) There shall be an Academic Council of the Institute consisting of the following, namely:–

(a)      the Vice-Chancellor who shall be its Chairperson;

(b)      the Deans of Faculties and such Heads of Departments as may be prescribed;

(c)      five members representing the departments, institutes and the constituent colleges to be elected in the manner prescribed by the Senate;

(d)      two principals of affiliated colleges;

(e)      five Professors including emeritus Professors;

(e)      the Registrar;

(f)       the nominee of the Commission;

(g)      the Controller of Examinations; and

(h)      the Senior Librarian.

(2) The Senate shall appoint the members of the Academic Council, other than the ex-officio and the elected members, on the recommendation of the Vice-Chancellor of the Institute:

Provided that as regards the five Professors and the members representing the departments institutes and constituent colleges, the Senate may, as an alternative to elections, prescribe a procedure for the proposal of a panel of names by the Representation Committee set up in terms of Section 28. Appointment of persons proposed by the Representation Committee may be made by the Senate on the recommendation of the Vice-Chancellor.

(3) Members of the Academic Council shall hold office for three years.

(4) The Academic Council shall meet at least once in each quarter of the year.

(5) The quorum for meeting of the Academic Council shall be one half of the total number of members, a fraction being counted as one.

  1. Powers and functions of the Academic Council.–(1) The Academic Council shall be the principal academic body of the Institute and shall, subject to the provisions of this Act and Statutes, have the power to lay down proper standards of instruction, research and examinations and to regulate and promote the academic life of the Institute and the constituent colleges of the Institute.

(2) Without prejudice to the generality of the foregoing powers and subject to the provisions of this Act and Statutes, the Academic Council shall have the power to–

(a)      approve the policies and procedures pertaining to the quality of academic programs;

(b)      approve academic programs;

(c)      approve the policies and procedures pertaining to student-related functions including admissions, expulsions, punishments, examinations and certification;

(d)      approve the policies and procedures assuring the quality of teaching and research;

(e)      recommend the policies and procedures for affiliation with other educational institutions;

(f)       propose to the Syndicate schemes for the constitution and organization of Faculties, teaching departments and boards of studies;

(g)      appoint paper setters and examiners for all examinations of the Institute after receiving panels of names from the relevant authorities;

(h)      institute programs for the continued professional development of Institute teachers at all levels;

(i)       recognize the examinations of other universities or examinations bodies as equivalent to the corresponding examinations of the Institute;

(j)       regulate the award of studentships, scholarships, exhibitions, medals and prizes;

(k)      make Regulations for submission to the Senate;

(l)       prepare an annual report on the academic performance of the Institute; and

(m)     perform such functions as may be prescribed by Regulations.

  1. Representation Committees.–(1) There shall be a Representation Committee constituted by the Senate through Statute for the recommendation of persons for appointment to the Senate, Syndicate and Academic Council in accordance with the provisions of Sections 21, 24 and 26 respectively.

(2) Members of the Representation Committee for appointment to the Senate shall consist of the following, namely:–

(a)      three members of the Senate who are not Institute teachers;

(b)      two persons nominated by the Institute teachers from amongst themselves in the prescribed manner;

(c)      one person from the academic community, not employed by the Institute, at the level of professor or college principal to be nominated by the Institute teachers in the manner prescribed; and

(d)      one eminent citizen with experience in administration, social, philanthropy, education, advocacy, media, literati, development work, law and accountancy to be nominated by the Senate.

(3) The Representation Committee for appointments to the Syndicate and the Academic Council shall consist of the following, namely:-

(a)      two members of the Senate who are not Institute teachers; and

(b)      three persons nominated by the Institute teachers from amongst themselves in the prescribed manner.

(4) The tenure of the Representation Committees shall be three years:

Provided that no member shall serve for more than two consecutive terms.

(5) The procedure for conducting business of the Representation Committee shall be as may be prescribed.

(6) There may also be such other Representation Committees set up by any of the other Authorities as are considered appropriate for recommending persons for appointment to the various Authorities and other bodies of the Institute.

  1. Appointment of committees by certain Authorities.–(1) The Senate, the Syndicate, the Academic Council and other Authorities may, from time to time, appoint such standing, special or advisory committees, as they may deem fit, and may place on such committees persons who are not members of the Authorities appointing the committees.

(2) The constitution, functions and powers of the Authorities for which no specific provision has been made in this Act shall be such as may be prescribed by Statutes or Regulations.

CHAPTER-V

STATUTES, REGULATIONS AND RULES

  1. Statutes.–(1) Subject to the provisions of this Act, Statutes may be made to regulate or prescribe all or any of the following matters, namely:–

(a)      the contents of and the manner in which the annual report, to be presented by the Vice-Chancellor before the Senate, shall be prepared;

(b)      the Institute fees and other charges;

(c)      the constitution of any pension, insurance, gratuity, provident fund and benevolent fund for Institute employees;

(d)      the scales of pay and other terms and conditions of service of officers, teachers and other Institute employees;

(e)      the maintenance of the register of registered graduates;

(f)       admission of educational institutions to the privileges of the Institute and the withdrawal of such privileges;

(g)      affiliation and disaffiliation of educational institutions and related matters;

(h)      the establishment of faculties, departments, institutes, constituent colleges and other academic divisions;

(i)       the powers and duties of officers and teachers;

(j)       conditions under which the Institute may enter into arrangements with other institutions or with public bodies for purposes of research and advisory services;

(k)      conditions for appointment of emeritus Professors and award of honorary degrees and academic chairs;

(l)       efficiency and discipline of Institute employees;

(m)     the constitution and procedure to be followed by Representation Committees in carrying out functions in terms of this Act;

(n)      the constitution and procedure to be followed by the Search Committee for appointment of the Vice-Chancellor;

(o)      conditions and qualifications for appointment of all categories of teachers;

(p)      constitution, functions and powers of the Authorities; and

(q)      all other matters which by this Act are to be or may be prescribed or regulated by Statutes.

(2) The draft of Statutes shall be proposed by the Syndicate to the Senate which may approve or pass with such modifications as the Senate may think fit or may refer back to the Syndicate for reconsideration of the proposed draft:

Provided that Statutes concerning any of the matters mentioned in clauses (a) and (I) of sub-section (1) shall be initiated and approved by the Senate, after seeking the views of the Syndicate:

Provided further that the Senate may initiate Statutes with respect to any matter in its powers with respect to which Statutes may be made in terms of this Act and approve such Statutes after seeking the views of the Syndicate.

  1. Regulations.–(1) Subject to the provisions of this Act and Statutes, the Academic Council may make Regulations for all or any of the following matters, namely:–

(a)      the courses of study for degrees, diplomas and certificates of the Institute;

(b)      the manner in which the teaching referred to in sub-section (1) of Section 8 shall be organized and conducted;

(c)      the admission and expulsion of students to and from the Institute;

(d)      the conditions under which students shall be admitted to the courses and the examinations of the Institute and shall become eligible for the award of degrees, diplomas and certificates;

(e)      the conduct of examinations;

(f)       conditions under which a person may carry on independent research to entitle him to a degree;

(g)      the institution of fellowships, scholarships, exhibitions, medals and prizes;

(h)      the use of the library;

(i)       the formation of Faculties, Departments, Disciplinary Committees and Board of Studies; and

(j)       all other matters which by this Act or the Statutes are to be or may be prescribed by Regulations.

(2) Regulations shall be proposed by the Academic Council and shall be submitted to the Senate which may approve them or withhold approval or refer them back to the Academic Council for reconsideration. A Regulation proposed by the Academic Council shall not be effective unless it receives the approval of the Senate.

(3) Regulations regarding or incidental to matters contained in sub­clauses (g) and (i) of sub-section (1) shall not be submitted to the Senate without the prior approval of the Syndicate.

  1. Amendment and repeal of Statutes and Regulations.–The procedure for adding to, amending or repealing the statutes and the regulations shall be the same as that prescribed respectively for framing or making statutes and regulations.
  2. Rules.–(1) Subject to the provision of sub-section (2), the Authorities and the other bodies of the Institute may make Rules, consistent with this Act, to regulate any matter relating to the affairs of the Institute including Rules regulate the conduct of business and the time and place of meetings and related matters.

(2) Rules shall become effective upon approval by the Syndicate.

CHAPTER-VI

INSTITUTE FUND

  1. Fund of the Institute.–The Institute shall have a fund to which shall be credited its income, fees, shares, donations, trusts, bequests, endowments, contributions, grants and all other sources.
  2. Audit and accounts.–The accounts and financial statements of the Institute shall be prepared in conformity with the International Financial Reporting Standards (IFRS) as applicable in Pakistan.

(2) The teaching departments, constituent colleges and institutes and all other bodies designated as such by the Syndicate in terms of statutes shall be independent cost centers of the Institute with authority vested in the head of each cost center to sanction expenditures out of the budget allocated to it:

Provided that re-appropriation from one head of expenditure to another may be made by the head of the cost center in accordance with and to the extent prescribed by the statutes.

(3) All funds generated by a teaching department, constituent college or other units of the institute through consultancy, research or other provisions of service shall be made available without prejudice to the budgetary allocation otherwise made, after deduction of overheads in the manner and to the extent prescribed by Statute, to the teaching department, constituent college or other units for its development. A part of the funds so generated may be shared with the Institute teachers or researchers in charge of the Consultancy, research or service concerned in the manner and to the extent prescribed by the Statute.

(4) No expenditure shall be made from the funds of the Institute, unless a bill for its payments has been issued by the head of the cost center concerned in accordance with the relevant statutes and the Treasurer has verified that the payment is provided for in the approved budget of the cost center, subject to the authority to re-appropriate available to the head of the cost center.

(5) Provision shall be made for an internal audit of the finances of the Institute.

(6) Without prejudice to the requirement of audit by an auditor appointed by the Government in accordance with the provisions of any other law in force, the annual audited statement of accounts of the Institute shall be prepared in conformity with the Generally Accepted Accounting Principles (GAAP) by a reputed firm of chartered accountants and signed by the Treasurer. The annual audited statement of accounts so prepared shall be submitted to the (sic) General of Pakistan for his observations.

(7) The observations of the Auditor General of Pakistan, if any, together with such annotations as the Treasurer may make, shall be considered by the Syndicate and shall be placed before the Senate within six months of closing of the financial year.

CHAPTER-VII

GENERAL PROVISIONS

  1. Opportunity to show-cause.–Except as otherwise provided by law, no officer, teacher or other employee of the Institute holding a permanent post shall be reduced in rank or removed or compulsorily retired or dismissed from service for cause arising out of any act or omission on the part of the person concerned unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken.
  2. Appeal to the Syndicate and the Senate.–Where an order is passed punishing any officer (other than the Vice-Chancellor), teacher or other employee of the Institute or altering or interpreting to his disadvantage the prescribed terms or conditions of his service, he shall, where the order is passed by any officer or teacher of the Institute other than the Vice-Chancellor, have the right to appeal to the Syndicate against the order, and where the order is passed by the Vice-Chancellor, have the right to appeal to the Senate.
  3. Service of the Institute.–(1) All persons employed by the Institute in accordance, with the terms and conditions of service prescribed by statutes shall be persons in the service of Pakistan for the purposes of any Court or tribunal set up by law in terms of Article 212 of the Constitution of the Islamic Republic of Pakistan:

Provided that any provision as regards the terms and conditions of employment of persons in the service of Pakistan in general or in comparable employment notwithstanding the service of persons employed by the Institute shall be entirely governed by the terms and conditions prescribed by the relevant Statutes.

(2) An officer, teacher or other employee of the Institute shall retire from service on the attainment of such age or tenure of service as may be prescribed.

(3) No adverse change shall be made in the terms and conditions of employment of any college teacher in the employment of the Institute on the date of commencement of this Act.

  1. Benefits and insurance.–(1) The Institute shall constitute for the benefit of its officers, teachers and other employees schemes, as may be prescribed, for the provision of post-employment benefits as well as health and life insurance while in service.

(2) Where any provident fund has been constituted under this Act, the provisions of the Provident Funds Act, 1925 (XIX of 1925), shall apply to such funds as if it were the Government Provident Fund.

  1. Commencement of term of office of members of Authority.–(1) When a member of a newly constituted Authority is elected, appointed or nominated, his terms of office shall commence from such date as may be prescribed.

(2) Where a member who has accepted any other assignment or for any other similar reason remains absent from the Institute for a period of not less than six months he shall be deemed to have resigned and vacated his seat.

  1. Filling of casual vacancies in Authorities.–Any casual vacancy among the members of any Authority shall be filled as prescribed, as soon as conveniently may be, in the same manner and by the same person or Authority that had appointed the member whose place has become vacant and the person appointed to the vacancy shall be a member of such Authority for the residue of the terms for which the person whose place he fills would have been a member.
  2. Flaws in the constitution of Authorities.–Where there is a flaw in the constitution of an Authority, as constituted by this Act, Statutes or Regulations on account of the abolition of a specified office under Government or because an organization, institution or other body outside the Institute has been dissolved or has ceased to function or because of some other similar reason, such flaw shall be removed in such manner .1s the Senate may direct.
  3. Proceedings of Authorities not invalidated by the vacancies.­-No act, resolution or decision of any Authority shall be invalid by reason of any vacancy of the Authority doing, passing or making it or by reason of any want of qualification or invalidity in the election, appointment or nomination of anyde factomember of the Authority, whether present or absent.
  4. First Statutes and Regulations.--Notwithstanding anything to the contrary contained in this Act, the Chancellor shall promulgate the first Statutes and Regulations which shall be deemed to be Statutes and Regulations made under Sections 26 shall continue to remain in force until amended or till such time as new Statutes and Regulations are made in accordance with the provisions of this Act.
  5. Savings.–(1) Notwithstanding anything contained in any other law for the time being in force, all employees serving in Women Campus of University of Bannu, Bannu shall immediately before the commencement of this Act shall stand transferred to the Institute on exercising an irreversible option within one year of the aforesaid commencement, on the same terms and conditions which are not be less than favorable than those to which he was entitled immediately before such transfer.

(2) Whereas, all such employees who do not exercise the option of getting absorbed in the Institute within one year after the enforcement of this Act shall be rendered back to University of Bannu, Bannu in their basic pay scale. If he possesses the qualifications and fulfills other conditions applicable to that post, provided that where no equivalent post is available, the said official may be offered a lower post in such manner and subject to such conditions as may be prescribed and where such civil servant is appointed to a lower post, the pay being drawn by him in the higher post immediately preceding his appointment to a lower post shall remain protected.

(3) The seniority of the employees who opt for absorbance in the Institute shall remain intact irrespective of their joining date at the Institute.

(4) Upon enactment of Charter of the Kalam Bibi International women Institute, all properties, rights and interests of whatever kind used, enjoyed, possessed, owned, or vested in the Women Campus of University of Bannu and all liability legally subsisting against the said college shall stand transferred to the Institute.

  1. Indemnity.–No suit or legal proceedings shall lie against the Government, the Institute or any Authority, officer or employee of the Government or the Institute or any person in respect of anything which is done in good faith under this Act.
  2. Removal of difficulties.–(1) If any question arises as to the interpretation of any of the provisions of this Act, it shall be placed before the Chancellor and Commission whose decision thereon shall be final.

(2) If any difficulty arises in giving effect to any of the provisions of this Act, the Chancellor may make such order after obtaining the views of the Senate, not inconsistent with the provisions of this Act, as may appear to him to be necessary for removing the difficulty.

(4) Where this Act makes any provision for anything to be done but no provision or no sufficient provision has been made as respects the authority by whom, or the time at which, or the manner in which, it shall be done, then it shall be done by such authority, at such time, or in such manner as the Chancellor may direct after obtaining the views of the Senate.

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ACT NO. XXVIII OF 2023

DAY CARE CENTRES ACT, 2023

An Act to provide for the facility of day care centers in public and private establishments

[Gazette of Pakistan, Extraordinary, Part-I, 16th June, 2023]

No. F.23(14)/2019-Legis.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 15th June, 2023 is hereby published for general information:-

WHEREAS, it is expedient to provide for the facility of day care centres in public and private establishments and for the purposes connected therewith and ancillary thereto;

It is hereby enacted as follows:-

  1. Short title, extent and commencement.–(1) This Act shall be called the Day Care Centres Act, 2023.

(2) It extends to the Islamabad Capital Territory.

(3) It shall come into force at once.

  1. Definitions.–In this Act, unless there is anything repugnant in the subject or context,–

(a)      “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898);

(b)      “day care” means child care during the day when the parents work; and

(c)      “establishment” means and includes any public, private, autonomous, semi-autonomous, corporation, body, society under the Societies Registration Act, 1860 (XXI of 1860) any club, any small and medium enterprise, any NGO, etc.

  1. Establishing day care centre.–(1) The Federal Government shall ensure the establishment of day care centre at all those establishments having at least seventy employees.

(2) All private establishments having at least seventy employees shall ensure the establishment of day care centre at their premises to provide benefit to their employees.

  1. Punishment for non-compliance.–Whosoever does not comply to the provisions of this Act shall be given one warning in writing and in case of further non-compliance shall be punished with fine which may extend to one hundred thousand rupees. In case of further non­ compliance, the person concerned shall be punished with imprisonment for six months.
  2. Cognizance of an offence.–Notwithstanding anything contained in the Code, an offence punishable under this Act shall be trial under the Code by the magistrate of first class.
  3. Application of the provisions of the Code.–Any proceedings under this Act shall be carried out in accordance with the relevant provisions of the Code.
  4. Removal of difficulties.--If any difficulty arises in giving effect to any provision of this Act, the Federal Government may make such order not inconsistent with the provisions of this Act as may appear to be necessary for the purpose of removing such difficulty.
  5. Power to make Rules.–The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

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ACT NO. XXIX OF 2023

TRANSPLANTATION OF HUMAN ORGANS AND TISSUES (AMENDMENT) ACT, 2023

An Act to amend the Transplantation of Human Organs and Tissues Act, 2010

[Gazette of Pakistan, Extraordinary, Part-I, 21st June, 2023]

No. F.23(66)/2018-Legis.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 20th June, 2023 is hereby published for general information:-

WHEREAS, it is expedient to amend the Transplantation of Human Organs and Tissues Act, 2010 (VI of 2010), for the purposes hereinafter appearing;

It is hereby enacted as follows:-

  1. Short Title and Commencement.–(1) This Act shall be called the Transplantation of Human Organs and Tissues (Amendment) Act, 2023.

(2) It shall come into force at once.

  1. Insertion of new Section 4A, Act VI of 2010.–In the Transplantation of Human Organs and Tissues Act, 2010 (VI of 2010), after Section 4, the following new section shall be inserted, namely:-

“4A. Provision for donation of human organs or tissues after accidental death.–(1) The authority issuing a driving

 

licence shall make a provision at the first page of a driving licence in the form of an undertaking for obtaining consent of applicant of such driving licence regarding donation of human organs or tissues in case of accidental death of the holder of such driving licence.

(2) Whoever apply for a driving licence may opt for signing the undertaking as provided in sub-section (1) consenting that his organs or tissues may be transplanted to any person in need of such human organs or tissues in case of accidental death of the signatory to be removed by the nearest authorized medical institution or hospital duly recognized by the Monitoring Authority.

(3) The Monitoring Authority, driving licence issuing authority or such other authorities in the field of public health shall publicize the importance to be a deceased donor for the welfare of humanity from different scientific and religious aspects so that people may contribute through their voluntary donations of organs and tissues in case of accidental death.”

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ACT NO. XXX OF 2023

TRAINED PARAMEDICAL STAFF FACILITY
ACT, 2023

An Act to provide for the facility of trained paramedical staff in public and private schools

[Gazette of Pakistan, Extraordinary, Part-I, 21st June, 2023]

No. F.23(36)/2019-Legis.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 20th June, 2023 is hereby published for general information:-

WHEREAS it is expedient to provide for the facility of trained paramedical staff in public and private institutions and for the purposes connected therewith and ancillary thereto;

It is hereby enacted as follows:–

  1. Short title, extent and commencement.–(1) This Act shall be called the Trained Paramedical Staff Facility Act, 2023.

(2) It extends to the Islamabad Capital Territory.

(3) It shall come into force at once.

  1. Definitions.–In this Act, unless there is anything repugnant in the subject or context,–

(a)      “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898);

(b)      “paramedical staff” means the fully trained staff available at any school to provide medical assistance or first aid to the school children in case of need; and

(c)      “educational institution” means and includes any public, private institution having the minimum strength of thirty students enrolled there.

  1. Provision of paramedical staff.–(1) The Federal Government shall ensure the provision of trained paramedical staff at all educational institutions to provide immediate medical assistance and first aid in every educational institution whenever the need arises.

(2) All private educational institutions shall also ensure the provision of paramedical staff at their premises so that the students in need of medical aid may be assisted immediately.

  1. Punishment for non-compliance.–Whosoever does not comply to the provisions of this Act, shall be given one warning in writing and in case of further non-compliance shall be punished with fine which may extend to one hundred thousand rupees and in case of further non­compliance shall be punished with imprisonment for six months.
  2. Cognizance of an offence.–Notwithstanding anything contained in the Code, an offence punishable under this Act shall be trial under the Code by the magistrate of first class.
  3. Application of the provisions of the Code.–Any proceedings under this Act shall be carried out in accordance with the relevant provisions of the Code.
  4. Removal of difficulties.–If any difficulty arises in giving effect to any provision of this Act, the Federal Government my make such order not inconsistent with the provisions of this Act as may appear to be necessary for the purpose of removing such difficulty.
  5. Power to make Rules.–The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

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ACT NO. XXXI OF 2023

MATERNITY AND PATERNITY LEAVE ACT, 2023

An Act to provide for the facility of maternity and paternity leave to the employees of public and private establishments under administrative control of the Federal Government

[Gazette of Pakistan, Extraordinary, Part-I, 21st June, 2023]

No. F. 23(12)/2020-Legis.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 20th June, 2023 is hereby published for general information:-

WHEREAS, it is expedient to provide for the facility of maternity and paternity leave to the employees of public and private establishments under administrative, control of the Federal Government and for the matters connected therewith and ancillary thereto;

It is hereby enacted as follows:–

  1. Short title, application and commencement.–(1) This Act shall be called the Maternity and Paternity Leave Act, 2023.

(2) It shall apply to all public and private establishments under administrative control of the Federal Government wherever they may be.

(3) It shall come into force at once.

  1. Definitions.–In this Act, unless there is anything repugnant in the subject or context,–

(a)      “child” for the purposes of this Act, means a child in the womb of a pregnant employee or wife of the male employee and includes a still born;

(b)      “employee” means any natural person who has for pay, wages or other benefits, entered into, or works under, a contract of service or apprenticeship on regular basis without limit of period with an employer whether by way of manual labour, clerical work or otherwise and whether the contract is expressed or implied, oral or in writing;

(c)      “establishment” means any ministry, division, attached department, subordinate office, executive department, public or private organization, firm, corporation, autonomous or semi-autonomous body, body corporate, enterprise, company, industry, factory or such other, office or institution, by whatever name called for, and under administrative control of the Federal Government;

(d)      “employer” includes Federal Government or any ministry or division or department or office of the Federal Government or anybody of persons whether incorporated or not, any managing agent of an employer and the legal representatives of a deceased employer and where the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has into a contract of service or apprenticeship and such other person having employed a workman working for him; and

(e)      “prescribed” means prescribed by rules made under this Act.

  1. Right to maternity leave.–(1) Maternity leave shall in the prescribed manner be granted on full pay outside the leave account to a female employee on her option to the extent of one hundred and eighty days on first birth, one hundred and twenty days on second birth and ninety days on third birth from the date of commencement thereof.

(2) Such maternity leave may not be granted for more than three time in the entire service of the female employee except when such leave is granted within her leave account due and admissible to her or as an extra ordinary leave without pay.

  1. Paternity leave.–(1) A male employee expecting his wife to give birth to a child shall, at his option, be granted paternity leave on full pay not exceeding thirty days outside his leave account from the date of its commencement.

(2) Such paternity leave may not be granted for more than three times in the entire service of the male employee except when such leave is granted within his leave account due and admissible to him or as an extra ordinary leave without pay.

  1. Offence and punishment.–A person who contravenes any provision of this Act shall be deemed to have committed an offence punishable with imprisonment of either description for a term which may extend to six months or a fine which may extend to one hundred thousand rupees or with both.
  2. Act to override other laws.–The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force.

 

  1. Power to make rules.–The Federal Government may, by notification in the official Gazette, make rules to carry out the purposes of this Act.
  2. Removal of difficulty.–If any difficulty arises in giving effect to any provision of this Act, the Federal Government may make such order not inconsistent, with the provisions of this Act as may be necessary to remove the difficulty.

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ACT NO. XXXII OF 2023

LIMITATION (AMENDMENT) ACT, 2023

An Act further to amend the Limitation Act, 1908

[Gazette of Pakistan, Extraordinary, Part-I, 21st June, 2023]

No. F.23(29)/2020-Legis.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 20th June, 2023 is hereby published for general information:-

WHEREAS, it is expedient further to amend the Limitation Act, 1908 (IX of 1908), in the manner and for the purposes hereinafter appearing;

It is hereby enacted as follows:–

  1. Short title and commencement.–(1) This Act shall be called the Limitation (Amendment) Act, 2023.

(2) It shall come into force at once.

  1. Amendment of the First Schedule, Act IX of 1908.–In the Limitation Act, 1908, in the First Schedule, in the first column, against entry of Article 150, in the second column, for the words, “Seven days”, the words “Thirty days” shall be substituted.

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ACT NO. XXXIII OF 2023

SPECIFIC RELIEF (AMENDMENT) ACT, 2023

An Act further to amend the Specific Relief Act, 1877

[Gazette of Pakistan, Extraordinary, Part-I, 21st June, 2023]

No. F. 23(104)/2020-Legis.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 21st June, 2023 is hereby published for general information:­

WHEREAS, it is expedient further to amend the Specific Relief Act, 1877 (Act I of 1877) in the manner and for the purposes hereinafter appearing;

It is hereby enacted as follows:–

  1. Short title and commencement.–(1) This Act shall be called the Specific Relief (Amendment) Act, 2023.

(2) It shall come into force at once.

  1. Amendment of Section 42, Act I of 1877.–In the Specific Relief Act, 1877 (I of 1877), for Section 42, the following shall be substituted, namely:-

“42. Discretion of Court as to declaration of status or right.–(1) Any person entitled to any character, or any right to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the Court may in its discretion make therein a declaration that he is so entitled and the plaintiff need not in such suit ask for any further relief:

Provided that no Court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.

(2) Notwithstanding anything contained in any other law for the time being in force, a suit filed under sub-section (1) shall be decided by the Court within six months and the appellate court shall decide the appeal not later than ninety days, as the case may be.”.

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ACT NO. XXXVI OF 2023

EXPORT PROCESSING ZONES AUTHORITY (AMENDMENT) ACT, 2023

An Act further to amend the Export Processing Zones Authority Ordinance, 1980

[Gazette of Pakistan, Extraordinary, Part-I, 3rd July, 2023]

No. F. 23(31)/2023-Legis.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 27th June, 2023 is hereby published for general information:-

WHEREAS it is expedient further to amend the Export Processing Zones Authority Ordinance, 1980 (IV of 1980) for the purposes hereinafter appearing;

 

It is hereby enacted as follows:–

  1. Short title and commencement.–(1) This Act may be called the Export Processing Zones Authority (Amendment) Act, 2023.

(2) It shall come into force at once.

  1. Amendment of Section 2, Ordinance IV of 1980.–In the Export Processing Zones Authority Ordinance, 1980 (IV of 1980), hereinafter referred to as the Said Ordinance, in Section 2,–

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

“(da)   “Export Processing Zone developer and operator means a company incorporated in Pakistan which has entered into an agreement with Authority for the development and operations of Private and Public Participated Export Processing Zones.”

(b)      for paragraph (k), the following shall be substituted, namely:-

“(k)     “Zone” means such area as the Federal Government may, by notification in the official Gazette, declare to be a Zone Including Private and Public Participated Export Processing Zones for the purposes of this Ordinance.”

  1. Insertion of Section 9A, Ordinance, IV of 1980.–In the said Ordinance, after Section 9, the following new section shall be inserted, namely:–

9A. Establishment of Private and Public Participated Export Processing Zones.–(1) The Authority may, with the approval of the Federal Government establish Private and Public Participated Export Processing Zones:

Provided that existing industry or industries, as the case may be, subject to fulfillment of criteria, may be declared part of a Private and Public Participated Export Processing Zone:

Provided further that the Private and Public Participated Export Processing Zones may be established in the area contiguous to the industry or industries so declared under sub-section (1).

(2) The Private and Public Participated Export Processing Zones established under sub-section (1) shall operate subject to such terms approved by the Federal Government.”

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ACT NO. XII OF 2023

LAWYERS WELFARE AND PROTECTION
ACT, 2023

An Act to make provision and make laws in respect of welfare and protection of advocates

[Gazette of Pakistan, Extraordinary, Part-I, 6th April, 2023]

No. F. 9(8)/2023-Legis., dated 4.4.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 31st March, 2023 and is hereby published for general information:–

WHEREAS it is necessary to provide welfare and protection of advocates through this legal framework and for the matters connected therewith or incidental thereto;

It is hereby enacted as follows:-

CHAPTER-I

PRELIMINARY

  1. Short title, extent and commencement.–(1) This Act shall be called the Lawyers Welfare and Protection Act, 2023.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

  1. Definitions.–(1) In this act, unless the context otherwise requires–

(a)      “act of violence” means any act committed by any person against an advocate with the intent to prejudice, affect or derail the process of impartial, fair and fearless conduct of cases before any Court, tribunal or authority by which such advocate is engaged and shall include the following:–

(i)       harassment, coercion, assault, criminal force or threat impacting the living or working conditions of such advocate and preventing him from discharging his duties;

(ii)      haram, injury, hurt either grievous or simple, or danger to the life of such advocate, either within the premises of the Courts or otherwise;

(iii)     coercion by whatsoever means, by any person or authority to reveal or part with privileged communication or material which an advocate is bound to hold in confidence under the law;

(iv)     coercion by whatsoever means of an advocate not to represent or to withdraw his Vakalatnama or appearance to act, plead or appear on behalf of a client before any Court, tribunal or authority;

(v)      loss or damage to any property or documents or material which such advocate is bound to hold under the law; or

(vi)     usage of derogatory language during the course of the judicial and quasi-judicial proceedings.

(b)      “advocate” shall have the same meaning as assigned thereto in the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973);

(c)      “Bar Council” shall have the same meaning as assigned thereto in the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973);

(d)      “Code” means the Code of Criminal Procedure, 1898 (Act No. V of 1898);

(e)      “Court” means the Court notified under Section 5 or established under any other law;

(f)       “Government” means the Federal Government or the Provincial Government, as the case may be; and

(g)      “offence” denotes any act made punishable under this Act or under any other law for the time being in force; and

(h)      “privileged communication” shall have the same meaning as given in the Qanun-e-Shahadat, 1984 (P.O. No. 10 of 1984).

(2) Any expression or words used in this Act but not specifically defined shall have the same meaning as assigned thereto in the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973) and the Pakistan Penal Code, (Act XLV of 1860).

CHAPTER-II

OFFENCES AND PUNISHMENTS

  1. Offences and Punishments.–(1) Whoever commits or abets the commission of act of violence, except any act of violence covered by sub-clause (ii) of clause (a) of sub-section (1) of Section 2, against an advocate shall be punishable with imprisonment for a term which may extend to three years or fine which may extend to hundred thousand rupees or with both.

(2) Whoever, having already been convicted of an offence under this Act is convicted for the second time for any subsequent offence under this Act, shall be punished with imprisonment for a term which shall not be less than one year but which may extend to five years or fine which may extend to two hundred thousand rupees or with both.

(3) Notwithstanding anything contained in the Code or any other law for the time being in force, every offence committed under this Act shall be non­bailable, compoundable with permission of the Court and deemed to be a cognizable offence within the meaning of clause (f) of Section 4 of the Code and the words ..cognizable case” as defined in the clause shall be construed accordingly.

  1. Investigation.–Notwithstanding anything contained in any other law for the time being in force,-

(a)      any offence committed under this Act shall be investigated by the police officer not below the rank of an Inspector; and

(b)      the investigation of the case registered under this Act shall be completed within a period of fourteen days from the day of registration of the case.

  1. Establishment of Court.–(1) The Federal Government may, in consultation with the Chief Justice of the High Court concerned. designate, throughout the country, as many Courts of Additional Sessions Judges or such other Courts, as it may deem necessary to try the offences under this Act.
  2. Jurisdiction.–Notwithstanding anything contained in the Code or any other law for the time being in force, offences committed under this Act shall be tried by the Court notified under this Act.
  3. Trial.–The Court upon taking cognizance of a case under this Act, shall decide the case expeditiously, preferable within six months and any adjournment in the case shall be followed by reasons:

Provided that where the trial is not concluded within the stipulated period of six months, the Court shall record reasons for the same.

  1. Joint Trials.–(1) While trying an offence under this Act, the Court may also try, at the same trial, any other offence with which an accused may be charged under the Code, if the offence is connected with such other offence.

(2) Where in the course of trial of an offence under this Act, it is found that the accused person has also committed another offence under any other law for the time being in force, the Court may Convict an accused for such other offence and pass sentence authorized by such other law.

  1. Privileged communication of advocate.–Notwithstanding anything contained in any other law for the time being in force,-

(a)      no person, public servant or any authority shall have the power to arrest, detain, investigate any advocate under any law for the time being in force to obtain any document, material or any information from such advocate pertaining to his professional duties; and

(b)      the violation of the clause (a) shall be deemed as act of violence within the meaning of Section 2.

CHAPTER-III

WELFARE OF ADVOCATES

  1. Legal advisory.–Every incorporated company having more than twenty million paid up capital, autonomous body, corporation or statutory authority shall have to engage at least one practicing advocate as legal advisor on retainer-ship basis, whereas no advocate shall serve more than three such entities as legal advisor simultaneously.
  2. Provision of health facilities.–The Government shall notify in relation to all the Government, and Semi Government hospitals, the right to every advocate, his spouse and dependent children for medical treatment at par with the gazetted Government officer, subject to presentation of their official cards and verification by the respective Bar Councils:

Provided that for the purpose of this section, the parents, minor children, spouse of the advocate shall also be entitled to the same facilities.

  1. Financial Facilities.–All financial institutions shall extend to the advocates the provision of financial facilities without discrimination in any manner whatsoever, and in case of any violation, on the complaint of aggrieved advocate, the concerned authority shall initiate appropriate action.
  2. Shuhada Package.–An advocate who is the victim of any act of terrorism or other aggression while performing his professional duty, whose assailants are unknown, his family shall be entitled to the

 

Shuhada package as is admissible to gazetted officers in BPS-18 of the Government.

  1. Power to make rules.–The Federal Government may make rules for carrying out the purpose of this Act.
  2. Overriding effect.–The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any law for the time being in force.
  3. Application of the Code.–The provisions of the Code, to the extent not inconsistent with anything contained in this Act, shall applymutatis mutandis.
  4. Removal of difficulties.–Where any difficulty arises in giving effect to any of the provisions of this Act, the Federal Government may, by notification in the official Gazette, make such order, not inconsistent with the provisions of this Act, as may appear to be necessary for the purpose of removing the difficulty.

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ACT NO. XIII OF 2023

INTER-BOARDS COORDINATION COMMISSION ACT, 2023

An Act to re-constitute the Inter-Boards Committee of Chairmen as Inter-Boards Coordination Commission

[Gazette of Pakistan, Extraordinary, Part-I, 15th April, 2023]

No. F. 9(5)/2023-Legis., dated 13.4.2023.–The following Act of Majlis-i-Shoora (Parliament) received the assent of the President on the 11th April, 2023 and is hereby published for general information:-

WHEREAS it is expedient to re-constitute and re-siructure the Inter Boards Committee of Chairmen as Inter-Boards Coordiante Commission, and for matters connected therewith and ancillary thereto;

It is hereby enacted as follows:–

  1. Short title, commencement and application.–(1) This Act may be called the Inter-Boards Coordination Commission Act, 2023.

(2) It shall come into force at once.

(3) It shall apply to all boards of intermediate and secondary education and authorized examining bodies, wherever they may be operating in the territorial jurisdiction of Pakistan as members of the IBCC forum.

  1. Definitions.–In-this Act, unless there is anything repugnant in the subject or context,–

(a)      “allied organizations” means the authorized organizations operating in Pakistan dealing with education matters from secondary to higher secondary levels in both public and private sectors having membership of IBCC;

(b)      “attestation” means attestation of a certificate or diploma or other valid instrument made by IBCC after having been issued by the member examining body or body authorized by the Government;

(c)      “BISE” means boards of intermediate and secondary education;

(d)      “Board of Governors” or “BoG” means Board of Governors of IBCC;

(e)      “Commission” or “IBCC” means Inter-Boards Coordination Commission constituted under this Act;

(f)       “director” means director of IBCC;

(g)      “director general” means director general of IBCC;

(h)      “division concerned” means the division to which business of the IBCC stands allocated;

(i)       “equivalence” means equivalence of foreign and local qualifications decided and authenticated by IBCC;

(j)       “executive director” or “ED” means the executive director of IBCC, to Serve as full time administrative head of IBCC;

(k)      “forum” means the forum of IBCC comprising all its member boards, bodies or organizations, as the case may be;

(l)       “member” means the member of the BoG or committee or sub­committees or forum of IBCC:

(m)     “national coordinator” means the chairperson of any BISEs entrusted with powers as such to convene and preside over the meeting of the IBCC forum;

(n)      “prescribed” means prescribed by rules or regulations made under this Act

(o)      “regulations” means regulations made under this Act;

(p)      “rules” means rules made under this Act; and

(q)      “secretariat” means a full-time office of IBCC established for its secretariat services under this Act.

  1. Constitution of IBCC and its functions.–(1) The existing Inter-Boards Committee of Chairmen is hereby re-constituted and re-structured as the Inter-Boards Coordination Commission to act and deal with the issues relating to the standardization of examination, assessment, evaluation and allied matters connected there to at secondary and higher secondary school levels through coordination along-with recognition of local and foreign qualifications.

(2) The IBCC shall be a body corporate having perpetual succession and a common seal with powers to hold, purchase, sell or lease property both movable and immovable and may sue and be sued by its said name.

(3) The IBCC shall perform the following function, namely:-

(a)      shall be a forum for the chairmen or chairpersons or chief executives of member examination boards and other allied member organizations to exchange information, and make recommendations to devise policy for unified implementation at the country level on matters relating to the development and promotion of the academic evaluation, examination, and assessment;

(b)      authenticate equivalence, attestation and verification of certificates up to higher secondary levels and equivalent having been issued from local or foreign authorized institutions or examining bodies and shall assess deficient subjects, papers and qualifications through evaluation for issuance of equivalency and measurement thereof, as the case may be, up to higher secondary level including tests and assessments for admissions, scholarships etc.;

(c)      promote curricular and co-curricular activities among member boards or organizations in viable ways and means;

(d)      transform the examination system in the country by introducing modem assessment and examination techniques and assessment of boards and taking steps as appropriate for the improvement of examination or assessment among the member board;

(e)      taking measures for capacity building of the teachers, paper setters, assessors, and examination staff for improvement of examination and assessment among the member boards;

(f)       regulate foreign examination boards operating in the country;

(g)      develop and promote national and international linkages with educational and examining bodies with respect to knowledge sharing, educational qualifications, personnel exchange, testing, assessment, and equivalence matters;

(h)      shall be a forum at the national level to lay down principles of policy for professional capacity building through special studies or research to bring uniformity in examination and assessment at secondary and higher secondary levels throughout the country by adopting ways and means of firm coordination; and

(i)       perform such other function, as may be incidental or conducive to the attainment of the above functions or objectives or needed to be performed in the public interest or referred by the Federal Government.

(4) Head office of IBCC shall be in Islamabad and it may establish its regional offices at such places in Pakistan and abroad as it may determine from time to time in accordance with the need in the public interest and as per set procedure to be defined and framed through relevant bodies.

(5) Notwithstanding anything contained in any other law for the time being in force or any contract or agreement of service, all the employees of Inter-Boards Committee of Chairmen existing immediately before the commencement of this Act shall stand transferred to the Inter Boards Coordination Commission from the date of commencement of this Act.

(6) The legitimate Monetary benefits of employees of IBCC transferred under sub-section (5) shall not be less favorable as admissible to them prior to commencement of this Act and to the member BISE of IBCC forum from Provincial or Federal Government.

(7) Notwithstanding anything contained in any other law for the time being in force, the IBCC shall have academic. financial, and administrative autonomy to proceed further and implement the policy of the government through the division concerned in a broader perspective through coordination with members BISEs and organizations.

  1. IBCC forum.–(1) The forum shall comprise the following members, namely:-

(a)      national coordinator;

(b)      executive director;

(c)      Chairpersons of the BISEs;

(d)      Chairpersons of the boards of technical education;

(e)      Chairpersons of the textbook boards

(f)       heads of curriculum bureaus in Pakistan and administrative units thereof, national book foundation (NBF) and national curriculum council (NCC);

(g)      representatives of authorized university, institutions, and organizations of Federal or Provincial Governments nominated by them involved in the conduct of examinations and assessments at secondary and higher secondary levels; and

(h)      any officer of the division concerned, not below the rank of deputy secretary.

(2) The director general shall be the secretary of the IBCC forum.

  1. Appointment, functions and powers of national coordinator.­-(1) The national coordinator shall, by notification in the official Gazette, be appointed by the division concerned on a rotation basis of respective province or group or board from amongst the chairpersons of BISEs having membership of IBCC forum for a period of one year to be nominated by the respective government or IBCC forum.

(2) Sequence of rotation shall be determined in alphabetical order of the name of province or group or board decided by IBCC forum.

(3) The national coordinator shall preside over the meetings of the IBCC forum.

  1. Meetings of the IBCC forum.–(1) The meetings of the IBCC forum shall be held periodically in the prescribed manner.

(2) The meetings of the IBCC forum may be called by the executive director of IBCC in consultation with the national coordinator.

(3) Quorum for meetings of the IBCC forum shall be one-third of the total members and any fraction may be counted as one.

(4) In an emergency, the executive director of IBCC may call a meeting of IBCC forum or any committee in consultation with the national coordinator.

(5) In absence of the national coordinator IBCC forum, the executive director shall decide about the convenership of IBCC forum under intimation to the national coordinator IBCC forum and the division concerned.

  1. Composition of Board of Governors–Secretariat of IBCC shall operate through BoG, as a controlling body with the following composition, namely:-

(a)      the secretary of the division concerned shall be the Chairman of BoG and in his absence, the executive director shall preside over the meeting of BoG;

(b)      the executive director IBCC shall also be the member of the BoG;

(c)      the provincial or area government education secretary of secondary or higher secondary education or his nominee shall be the members of BoG;

(d)      any officer nominated by the division concerned not below the rank of deputy secretary;

(e)      any eminent professor nominated by a public sector university;

(f)       an eminent educationist from the private or public sector to be nominated by the executive director;

(g)      Chairperson Federal Board of Intermediate and Secondary Education shall be the member of BoG:

(h)      an eminent educationist closely connected with the examination and assessment system to be nominated by the executive director; and

(i)       the director general shall be the secretary of BoG.

  1. Terms of the members of the Board of Governors.–(1) The member of BoG shall hold office for a term of three years extendable for only such one farther term, exceptex-officiomembers of the BoG.

(2) A member shall, on the expiry of his term of office, be eligible for re-nomination or re-appointment subject to assent and on the recommendation of the Chairperson of BOG.

  1. Meetings of the Board of Governors.–(1) The meetings of the Board of Governors shall be held at least once in a year and also as and when required in such manner and at such place and time as may be prescribed.

(2) No act or proceedings of the Board of Governors shall be invalid merely on the ground of the existence of a vacancy in or defect in the constitution of the Board of governors.

(3) Quorum for meetings of the Board of Governors shall be one-third of the total members and a fraction may be counted as one. as and when any such situation arises.

  1. Functions of Board of Governors.–(1) The Board of Governors shall be the apex statutory body and shall exercise the following powers and functions, namely:–

(a)      exercise general supervision over affairs of IBCC, including administrative, secretarial, financial, accounts, and budgetary matters. Investment of savings of IBCC in accordance with the defined policy of the Government and as amended from time to time;

(b)      adopt agreed resolutions by the IBCC forum, provided such resolutions shall not be contrary to the provisions of this Act and legal instruments of member organizations or provisions of the Constitution of the Islamic Republic of Pakistan;

(c)      create, abolish, re-designate, down-grade or upgrade any post along-with incumbents in view of the need of IBCC and to approve the appointment and promotion of employees from BPS-I 7 and above as recommended by the IBCC secretariat, assure legitimate service interests, career growth protection, and pensionary benefits of the employees as per their entitlement in accordance with Government policy;

(d)      pass or allow internal budget from earned sources of IBCC and ratify expenditures incurred with the approval or sanction of executive director IBCC or someone authorized on that behalf, which may be placed before the BoG annually; and

(e)      constitute such committees as may be required to address or determine any issue relating to administrative or financial and academic matters with assigning terms of reference to be carried out. The recommendations of administrative or financial issues shall finally be resolved by BoG and academic matters by the IBCC Forum.

(2) For the purposes of this Act, the executive director IBCC shall perform his functions as principal administrative and accounts officer in such manner as may be prescribed.

  1. Functions of the division concerned.–The division concerned being controlling authority shall get executed its policies through the IBCC forum or BoG as within their domain, with the following powers, namely:

(a)      exercise general supervision over the affairs of IBCC and may obtain or ask for advice on any issue relating to and covered in the mandate of IBCC or its secretariat, BoG, or forum, as the case may be;

(b)      examine the budget proposal for the grant of appropriate allocation to IBCC, ensure maintenance of financial discipline, and audit of accounts of IBCC as per normal procedures of the Federal Government through the Auditor General of Pakistan.

  1. Officers and staff of IBCC.–(1) The IBCC shall consist of the executive director, director general, directors, and such other officers and staff as may be needed and prescribed from time to time to run the mandated activities of the MCC.

(2) The IBCC shall appoint such officers and staff on such terms and conditions and in such manner as may be prescribed.

(3) The serving officers and staff of Inter Boards Committee of Chairmen, existing as on the day of commencement of this Act, shall stand continued, protected, and regularized under this Act in the Inter-Boards Coordination Commission on their occupying positions.

  1. Appointment, functions and powers of executive director of IBCC.–(1)The executive director shall be appointed by the division concerned on set criteria or the terms and conditions as may be prescribed:

Provided that the existing incumbent chief executive of Inter Boards Committee of Chairmen shall be the first executive director of newly re-constituted IBCC for a term of three years on his terms and conditions existing before commencement of this Act or appointment by transfer whichever deems appropriate to the concerned Minister In-charge.

(2) The executive director shall hold office for a term of three years and shall be eligible for re-appointment for a second term not exceeding three years:

Provided that notwithstanding the expiry of the terms of his office, he shall continue to hold office until his/her successor is appointed and enters upon his office.

(3) If at any time the office of executive director is vacant, or he/she is unable to perform his/her functions, temporarily or otherwise by reason of leave, illness, or other cause for a period not exceeding one year, the concerned division shall make such arrangements for carrying on the duties of executive director as it may think fit.

(4) The executive director shall be the chief executive officer of the IBCC who shall ensure the observance of provisions of this Act and the rules, regulations, and policy made there under.

(5) If an emergency arises out of the administrative business of BoG which, in the opinion of the executive director, requires that immediate action should be taken; the Executive Director may take such action as he deems necessary and shall report the action taken to the concerned division and to the BoG at its next meeting for approval.

(6) The Executive Director shall exercise such other powers as may be prescribed.

  1. Funds.–The IBCC shall operate accounts with any scheduled or Government owned bank to deposit its all kinds of receipts earned from the resources of IBCC to be maintained in accordance with the prescribed procedure and format. The annual budget from earned resources of IBCC shall be passed or appropriated or re-appropriated from the finance and planning committee to be constituted by the BoG of IBCC. The financial provisions and discipline of IBCC shall be supervised by the finance and planning committee, which shall seek grant in-aid and other allocations from the Government through the division concerned as per the prescribed procedure.
  2. Annual audit of accounts.–(1) The accounts of IBCC shall be audited through the Auditor General of Pakistan in accordance with the applicable prescribed procedure, for which, all statements of expenditure, relevant. registers and records shall be maintained in such form and manners as prescribed or may be prescribed.

(2) The IBCC shall, at the time of the audit. produce all accounts, registers, documents, and other papers. which may be required by the auditors to assist in the scrutiny of accounts:

Provided that, if the division concerned or BoG certifies that a particular document is secret, the auditor shall accept in lieu of such documents statement in respect thereof, duly certified by the authorized officer of the department:

Provided further that if such a document is confidential, the auditor shall be responsible for preventing disclosure of its contents.

  1. Provident fund.–(1) The IBCC may create a provident fund for the benefit of its existing employees, in accordance with the provisions of the Provident funds Act, 1925 (XIX of 1926).

(2) The salary or their remunerations and pension of the new incumbent employees of IBCC shall be determined by the BoG on such terms and conditions as may be prescribed.

  1. Power to make rules.–The Board may, with the approval of the division concerned and by notification in the official Gazette, make rules to carry out the purposes of this Act.
  2. Power to make regulations.–(1) The IBCC may, by notification in the official Gazette, make regulations not inconsistent with the provisions of this Act and rules made thereunder to carry out purposes in respect of its internal matters under this Act.
  3. Removal of difficulties.–If any difficulty arises in giving effect to any of the provisions of this Act, the Federal Government may, within one year of the commencement of this Act, make such order, not inconsistent with the provisions of this Act. as may appear to it to be necessary or expedient for the purpose of removing such difficulty.
  4. Indemnity.–No suit, prosecution, or other legal proceedings shall lie against any person for anything done or intended to be done in good faith under this Act or any rule or regulation made thereunder.
  5. Repeal and saving.–(1) The erstwhile ministry of education’s Resolution No. F.10-11/86-CEI dated the 30th day of June. 1987, hereinafter called as the repealed Resolution. is hereby repealed.

(2) Notwithstanding the repeal under sub-section (1),–

(a)      everything done, actions taken, obligations or liabilities incurred, rights and assets acquired, persons appointed or authorized, jurisdiction or power conferred. endowments, bequests, funds or trusts created, donations or grants made, or exhibitions instituted and orders issued under any of the provisions of the repealed Resolution or the regulations and the rules made or deemed to have been made there-under, shall, if not inconsistent with the provisions of this Act, or the regulations or the rules made under this Act, be continued and, shall be deemed to have been respectively done, taken, incurred, acquired, appointed, authorized., conferred, created, made, instituted, granted and issued under this Act and shall have effect accordingly; and

(b)      any regulations or rules made or deemed to have been made under the repealed Resolution shall, if not

 

inconsistent with the provisions of this Act, be deemed to be regulations or rules made under this Act having regard to the various matters which by this Act have to be regulated or prescribed by regulations and rules respectively and shall continue to be in force until they are repealed, rescinded or modified in accordance with the provisions of this Act.

  1. Act to override other laws.–The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force and any such law shall, to the extent of inconsistency, cease to have any effect on the commencement of this Act

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ACT NO. XIV OF 2023

PAKISTAN COUNCIL OF RESEARCH IN WATER RESOURCES (AMENDMENT) ACT, 2023

An Act to amend the Pakistan Council of Research in
Water Resources

[Gazette of Pakistan, Extraordinary, Part-I, 15th April, 2023]

No. F. 9(38)/2022-Legis., dated 13.4.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 11th April, 2023 and is hereby published for general information:-

WHEREAS, it is expedient to amend the Pakistan Council of Research in Water Resources Act, 2007.

It is hereby enacted as follows:-

  1. Short title and commencement.–(1) This Act shall be called the Pakistan Council of Research in Water Resources (Amendment) Act, 2023.

(2)  It shall come into force at once.

  1. Substitution of Section 16. Act I of 2007.–In the said Act, for Section 16, the following shall be substituted, namely:–

16. Appointments.–(1) The Council may appoint such employees as it may consider necessary for the efficient performance of its functions on such terms and conditions as may be prescribed.

(2) All appointments and promotions in the Council shall be in accordance with the service rules and regulations of the Council.

(3) The Council may engage experts, advisers and consultants on contract on such terms and conditions as it may determine.”

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ACT NO. XV OF 2023

NATIONAL UNIVERSITY OF PAKISTAN ACT, 2023

An Act to establish the National University of Pakistan

[Gazette of Pakistan, Extraordinary, Part-I, 20th April, 2023]

No. F. 22(18)/2023-Legis., dated 19.4.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 18th April, 2023 is hereby published for general information:-

WHEREAS, it is expedient to provide for establishment of the National University of Pakistan and for matters connected therewith and ancillary thereto;

It is hereby enacted as follows:

CHAPTER-I

PRELIMINARY

  1. Short title and commencement.–(1) This Act shall be called the National University of Pakistan Act, 2023.

(2) It shall come into force at once.

  1. Definitions.–In this Act, unless there is anything repugnant in the subject or context,–

(i)       “Academic Council” means the Academic Council of the University;

(ii)      “affiliated college” means an educational institute affiliated with the University but not maintained or administered by it;

(iii)     “Authority” means any of the Authorities of the University specified in Section 24;

(iv)     “Board” means the Board of Governors of the University specified in Section 25;

(v)      “campus” means a campus of the University;

(vi)     “Chancellor” means the Chancellor of the University;

(vii)    “Chairman” means the Chairman of the Board;

 

(viii)   “Chairperson” means the head of-an academic department;

(ix)     “college” means a constituent college or an affiliated college;

(x)      “Commission” means the Higher Education Commission established under the Higher Education Commission Ordinance, 2002 (LIII of 2002);

(xi)     “constituent college” means an educational institute, by whatever name described, maintained and administered by the University;

(xii)    “Controller of Examinations” means Controller of Examinations of the University;

(xiii)   “Dean” means the head of a faculty or the head of an academic body granted the status of a faculty by this Act or by the statutes or regulations;

(xiv)   “department” means a teaching department maintained and administered by the University in the prescribed manner;

(xv)    “Director” means the head of department or institute or by whatever name called established and maintained by the University by statutes or regulations;

(xvi)   “Director General FGEI (C/G) Directorate” means head of Federal Government Educational Institutions (Cantonments and Garrisons) Directorate or by whatever name called;

(xvii)  “division concerned” means the division to which business of this Act stands allocated;

(xviii) “faculty” means an administrative and academic unit of the University consisting of one or more departments, as may be prescribed;

(xix)   “FGEI (C/G) Directorate” means Federal Government Educational Institutions (Cantonments and Garrisons) Directorate or by whatever name called;

(xx)    “Government” means the Federal Government;

(xxi)   “institute” means an institute maintained and administered by the University;

(xxii)  “prescribed” means prescribed by statutes, regulations or rules made under this Act;

(xxiii) “principal” means the head of a constituent or affiliated college or by whatever name called;

(xxiv) “Pro-Chancellor” means Pro-Chancellor of the University;

(xxv)  “Pro-Rector” means Pro-Rector of the University:

(xxvi) “Representation Committee” means the Representation Committee constituted under Section 32;

(xxvii) “Rector” means the Rector of the University;

(xxviii) “registered graduate” means a graduate of the University whose name has been entered in the register maintained for this purpose;

(xxix) “Registrar” means Registrar of the University;

(xxx)  “Review Panel”, means the Review Panel constituted by the Chancellor or the Chairman in accordance with the provisions of this Act;

(xxxi) “Schedule” means a Schedule to this Act;

(xxxii) “Search Committee” means the Search Committee constituted by the Board under this Act;

(xxxiii) “statutes”, “regulations” and “rules” mean respectively the statutes, regulations and rules made or deemed to have been made under this Act and for the time being in force;

(xxxiv) “sub-campus” means a sub-campus of the University;

(xxxv) “Syndicate” means the Syndicate of the University;

(xxxvi) “teachers” include professors, associate professors, assistant professors and lecturers engaged in whole-time by the University or by a constituent or affiliated college and such other persons as may by regulations be declared to be teachers;

(xxxvii) “Treasurer” means Treasurer of the University;

(xxxviii) “University” means the National University of Pakistan (NUP) established under this Act; and

(xxxix) “University teacher” means a whole-time teacher appointed and paid by the University, or recognized by the University as such.

CHAPTER-II

THE UNIVERSITY

  1. Establishment of the University.–(1) On commencement and in accordance with the provisions of this Act, there stands established a University to be called the National University of Pakistan.

(2) the principal seat of the University shall be at Islamabad and it may set up its campuses in Pakistan and abroad as the Board may deem fit.

(3) The University shall be a body corporate having perpetual succession and a common seal with powers, subject to the provisions of this Act, to acquire, transfer, hold and dispose of movable or immovable property and shall, by the said name, sue and be sued.

(4) Notwithstanding anything contained in any other law for the time being in force, the University shall have academic, financial and administrative autonomy, including the power to employ officers, teachers and other employees on such terms and conditions as may be prescribed, subject to the provisions of this Act and rules, regulation and policies prescribed under the Higher Education Commission Ordinance, 2002 (LIII of 2002).In particular, and without prejudice    to the authority granted to the Commission by the law, the Government or an authority or auditor appointed by the Government shall have no power to question the policy underlying the allocation of resources approved by the Board in “the annual budget of the University.

(5) The existing degree colleges operating under umbrella of FGEI (C/G) Directorate across Pakistan and their degree programmes shall stand affiliated with the University, subject to fulfilment of all legal and codal formalities, as may be prescribed.

  1. Powers and functions of the University.–The University shall have the powers and functions to–

(i)       provide for education in natural and applied sciences, engineering. management sciences, computing, social sciences, humanities and arts, emerging technologies, and other such branches of knowledge as it may deem fit, and make provisions for research, service to the society and for the application, advancement, and dissemination of knowledge in such manner as it may determine;

(ii)      provide for education and scholarship, and make prov1ston for research, service to society and for the application, advancement, and dissemination of knowledge;

(iii)     prescribe courses of studies that are conducted, hold examinations and award, confer degrees, diplomas, certificates, and other academic distinctions in respect of students and persons who have been admitted to and have passed its examinations under prescribed conditions;

(iv)     decide innovative teaching methods and strategies to ensure the most effective educational and training programes meeting international standards;

(v)      hold examinations in prescribed manner as per international standards and, if a person qualifies the examination. award him the required degrees, diplomas. certificates and other academic distinctions;

(vi)     prescribe the terms and conditions of employment of the officers, teachers and other employees of the University and lay down terms and conditions that may be different from those applicable to government servants in general;

(vii)    engage, where necessary, persons on contract for specified duration and specify the terms of each engagement;

(viii)   confer honorary degrees or other distinctions on approved persons in the prescribed manner,

(ix)     maintain linkages with alumni;

(x)      provide and support academic development of the faculty of the University;

(xi)     confer degree on a person who has successfully conducted research in the prescribed manner;

(xii)    institute professorship, associate professorship, assistant professorship and lectureship or any other post and may appoint a person to the post;

(xiii)   create a post for research, extension. administration or other related purposes and appoint a person to the post;

(xiv)   provide for the residence of the students, establish and maintain halls of residence and may approve or license a hostel, lodging or boarding place;

(xv)    demand and receive such fees and other charges as it may determine;

(xvi)   provide instruction for persons not being students of the University as may be prescribed and grant certificates and diplomas to such persons;

(xvii)  provide career counseling and job search services to students and alumni;

(xviii) institute and award financial assistance to students in need, fellowships, scholarships, bursaries, medals and prizes under prescribed conditions;

(xix)   establish teaching departments, schools, colleges, faculties, institutes, museums and other centers of learning, or by whatever name called. for development of teaching and research and to make such arrangements for their maintenance, management and administration as may be prescribed;

(xx)    maintain order, discipline and security at the campuses of the University and the constituent colleges;

(xxi)   promote extra-curricular and recreational activities for students and make arrangements for promoting their health and general welfare;

(xxii)  provide any other prescribed or ancillary service;

(xxiii) institute programs for exchange of students and teachers between the University and any other university, educational institute or research organization;

(xxiv) develop and implement fund-raising plans;

(xxv)  accept an examination and the period of study spent by a student of the University at any other university or place of learning equivalent to an examination or period of study of the University and may withdraw such acceptance;

(xxvi) cooperate with a public authority, university or private organization in the prescribed manner;

(xxvii) collaborate with foreign partners in developing degree programs and promote linkages;

(xxviii) make provision for research, advisory or consultancy services and enter into arrangements with any other institute, public or private body, commercial or industrial enterprise in the prescribed manner;

(xxix) develop an associated technology park of international standard;

(xxx)  develop research commercialization and intellectual property policy for promotion of commissioned research, spin off companies and incubators;

(xxxi) develop a research fund for faculty research and innovation, managed independently in line with international funding agencies;

(xxxii) receive and manage property transferred and grants, contributions made to the University and to invest any fund representing such property, grants, bequests, trusts, gifts, donations, endowments or contributions in such manner as it may deem fit;

(xxxiii) enter into, carry out, or cancel contracts;

(xxxiv) provide for printing and publication of research and other works;

(xxxv) admit any college or other educational institute to its privileges or withdraw such privileges in the prescribed manner,

(xxxvi) affiliate or disaffiliate a college or other educational institute in the prescribed manner;

(xxvii) inspect colleges and other educational institutes affiliated or seeking affiliation with it; and

(xxxviii) exercise any power ancillary to the above powers or as may be prescribed.

  1. University to be open to all classes and creeds.–The University shall be open to all persons irrespective of gender, religion. race, domicile, creed, class or colour and no person shall be denied the privileges of the University on any such ground.
  2. Fee and other Charges.–(1) An increase in any fee or charge that is in excess of ten percent per annum on an annualized basis from the last such increase may not be made except in special circumstances and only with approval of the Board.

(2) The University shall institute financial aid programmes for students in need, to the extent considered feasible by the Board in the available resources, to enable admission and access to the University and the various opportunities provided by it to be based on merit rather than ability to pay.

CHAPTER-III

OFFICERS OF THE UNIVERSITY

  1. Officers of the University.–In addition to the dignitaries, that is to say. the Chancellor and the Pro-Chancellor, the following shall be the principal officers of the University, namely:-

(a)      Chairman;

(b)      Rector;

(c)      Pro-Rectors;

(d)      Deans;

(e)      Chairpersons or heads of departments;

(f)       Controller of Examinations;

(g)      Director, Planning and Development (P&D);

(h)      Director, Quality Enhancement Cell (QEC);

(i)       Director, Students Affairs;

(j)       Director, Office of Research, Innovation and Commercialization (ORIC);

(k)      Internal Auditor,

(l)       Treasurer;

(m)     Registrar, and

(n)      such other persons as may be prescribed.

  1. Chancellor.–(1) The President of the Islamic Republic of Pakistan shall be the Chancellor of the University and shall, when present. preside the convocation of the University.

(2) The members of the Board shall be appointed by the Chancellor from amongst the persons recommended by the Representation Committee constituted for this purpose in accordance with this Act and the statutes, as the case may be.

(3) Every proposal to confer an honorary degree shall be subject to confirmation by the Chancellor.

(4) If the Chancellor is satisfied that serious irregularity or mis­management with respect to affairs of the University has occurred, he may,

(a)      as regards proceedings of the Board, direct that specified proceedings be re-considered and appropriate action taken within one month of the direction having been issued:

Provided that if the Chancellor is satisfied that either no re-consideration has been carried out or that the re-consideration has failed to address the concern expressed, the Chancellor may, after calling upon the Board to show cause in writing, appoint a Review Panel to examine and report to the Chancellor on the functioning of the Board; and

(b)      as regards proceedings of any Authority or with respect to matters within the competence of any Authority, other than the Board, direct the Board to exercise powers under this Act.

  1. Pro-Chancellor.–(1) The Minister in-charge of the division to which business of education stands allocated shall be the Pro-Chancellor of the University.

(2) In case of non-availability of Chancellor, the Pro-Chancellor shall preside the convocation of the University.

  1. Chairman.–(1) The Chief of the Army Staff (COAS) or his nominee shall be theex-officioChairman of the Board and shall preside over meetings of the Board.

(2) If the Chairman is satisfied that serious irregularity or mis­management with respect to affairs of the University has occurred, he may,-

(a)      as regards proceedings of the Board, direct that specified proceedings be re-considered and appropriate action be taken within one month of the direction having been issued:

Provided that if the Chairman is satisfied that either no re-consideration has been carried out or that the re-consideration has failed to address the concern expressed, be may, after calling upon the Board to show cause in writing, appoint a five-member Review Panel to examine and report to the Chairman on the functioning of the Board. The report of the Review Panel shall be submitted within such time as may be specified by the Chairman. The Review Panel shall be drawn from persons of eminence in “academics and in the fields of law, accountancy and administration; and

(b)      as regards proceedings of any Authority or with respect to matters within the competence of any Authority, other than the Board, direct the Board to exercise powers under this Act.

  1. Removal from the Board.–(1) The Chairman may, upon recommendation of the Review Panel, remove any person from the membership of the Board on the ground that such person–

(a)      has been, by a Court of law, declared as of un-sound mind;

(b)      has become in-capacitated to function a member of the Board;

(c)      has been, by a Court of law, convicted pr an offence involving moral turpitude;

(d)      has absented himself from two consecutive meetings without just cause;

(e)      has been guilty of misconduct, including use of position for personal advantage of any kind, or gross in-efficiency in the performance of his functions; or

(f)       has been, by a Court of law, declared as un-discharged insolvent or his application for this purpose is pending adjudication.

(2) The Chairman shall remove any person from the membership of the Board on a resolution calling for the removal of such person supported by at least three fourths of the members of the Board:

Provided that before passing such resolution, the Board shall provide the member concerned a fair hearing:

Provided further that the provisions of this section shall not be applicable to the Rector in his capacity as a member of the Board.

  1. Rector.–(1) The Rector shall be appointed by the Chairman on recommendations made by the Board.

(2) An eminent scholar or distinguished administrator with repute of educational management and leadership shall be appointed as Rector on such terms and conditions as may be prescribed.

(3) The incumbent Director General FGEI (C/G) Directorate shall, on commencement of this Act, stand appointed Rector of the University so long as he holds the office of DG FGEI (C/G) Directorate till the appointment of a regular Rector of the University.

(4) A search Committee for the recommendation of persons suitable for appointment as Rector shall be constituted by the Board on the date and in the manner prescribed by statutes and shall consist of two eminent members of society nominated by the Chairman, of whom one shall be appointed the convener, two members of the Board, two distinguished University teachers who are not members of the Board and one member of academic eminence not employed by the University. The two distinguished University teachers shall be selected by the Board through a process, to be prescribed by statutes that provides for the recommendation of suitable names by the University teachers in general. The search committee shall remain in existence till such time the appointment of the next Rector has been made by the Chairman.

(5) The persons proposed by the search committee for appointment as Rector shall recommend a panel of three persons, in order of priority for appointment as Rector by the Chairman:

Provided that the Chairman may decline to appoint any of the three persons recommended and seek recommendation for a fresh panel. In the event of a fresh recommendation being sought by the Chairman, the search committee shall make a proposal to the Board in the prescribed manner.

(6) The Rector shall be appointed for renewable terms of four years on such terms and conditions as may be prescribed by statutes. The term of an incumbent Rector may be renewed by the Chairman on receipt of a resolution of the Board in support of such renewal:

Provided that the Chairman may call upon the Board to re-consider such resolution once.

(7) The Board may, pursuant to a resolution in this behalf passed by three-fourths of its membership, recommend to the Chairman the removal of the Rector on the ground of in-efficiency, moral turpitude or physical or mental incapacity or gross misconduct, including misuse of position for personal advantage of any kind:

Provided that the Chairman may make a reference to the Board stating the instances of in-efficiency, moral turpitude or physical or mental incapacity or gross misconduct on part of the Rector that have come to his notice. After consideration of the reference, the Board may, pursuant to a resolution in this behalf passed by two-thirds of its membership, recommend removal of the Rector:

Provided further that prior to a resolution for removal of the Rector being voted upon, the Rector shall be given an opportunity ofbc1ng heard.

(8) A resolution recommending removal of the Rector shall be submitted to the Chairman forthwith. The Chairman may accept the recommendation and order removal of the Rector or return the recommendation to-the Board,

(9) At any time when the office of the Rector is vacant, or the Rector is absent or is unable to perform the functions of his office due to illness or some other cause, the Chairman shall make such arrangements for performance of the duties of the Rector as he may deem fit.

  1. Powers of the Rector.–(1) The Rector shall be the chief executive officer of the University responsible for all administrative and academic functions of the University and for ensuring that the provisions of this Act, statutes, regulations and rules are faithfully observed to promote general efficiency and good order of the University. The Rector shall have all powers prescribed for this purpose, including administrative control over the officers, teachers and other employees of the University.

(2) The Rector shall, if present, be entitled to attend any meeting of any Authority or body of the University.

(3) The Rector may, in an emergency that in his opinion requires immediate action ordinarily not in the competence of the Rector, take as he thinks fit such action and forward, within seventy-two hours. a report of the act1on taken to the members of the emergency committee of the Board, to be constituted by statutes. The emergency committee may direct such further action as is considered appropriate.

(4) Subject to the general supervision and control of the Syndicate, the Rector may–

(a)      direct a teacher, officer or other employee of the University to take up such assignment in connection with examination, administration or any other activity in relation to the University;

(b)      sanction by re appropriation an amount not exceeding an amount prescribed by the Board for an un-foreseen item not provided for in the budget and report it to the Board at the next meeting;

(c)      make appointments of such categories of employees of the University and in such manner as may be prescribed;

(d)      take disciplinary action against a teacher, officer or any other employee of the university in the prescribed manner,

(e)      delegate, subject to such conditions as may be prescribed, any of his powers to a teacher or officer of the University; and

(f)       exercise such other powers may be prescribed.

(5) The Rector shall prepare an annual report containing information as regards the .preceding academic year including disclosure of all relevant facts pertaining to academics, research, administration and finances of the University.

(6) The Rector shall, within three months of the end of an academic year, submit the annual report of the University before the Board.

(7) The Rector’s annual report under this section shall be made available, prior to its presentation before the Board, to all officers and University teachers and shall be published in such numbers as are required to ensure its wide circulation.

  1. Pro-Rectors.–(1) The Board may appoint the Pro-Rectors, as may be necessary to carry out functions of the University, for a renewable term as may be prescribed.

(2) The Board, Syndicate or Rector may assign any other functions to the Pro-Rector in addition to his own duties.

(3) The Board may, on recommendations and advice of the Rector, remove the Pro-Rector on grounds of in-efficiency or misconduct in accordance with the prescribed procedure.

(4) The minimum qualifications and experience necessary for appointment to the post of the Pro-Rector shall be such as may be prescribed.

  1. Registrar.–(1) There shall be a Registrar of the University to be appointed by the Board on recommendation of the selection board, on such terms and conditions as may be prescribed.

(2) For appointment to the post of Registrar, the minimuin experience as well as professional and educational qualifications shall be such as may be prescribed.

(3) The Registrar shall be a full time officer of the University and shall–

(a)      be administrative head of secretariat of the University and responsible for provision of secretarial support to the Authorities;

(b)      be custodian of the common seal and academic records of the University;

(c)      maintain a register of registered graduates in the prescribed manner,

(d)      supervise the process of election, appointment or nomination of members to the various Authorities and other bodies in the prescribed manner; and

(e)      perform such other duties as may be prescribed.

(4) The Registrar shall hold office for renewable terms of three years.

(5) The Board may, on recommendations and advice of the Rector, remove the Registrar on grounds of in-efficiency or misconduct in accordance with prescribed manner.

  1. Controller of Examinations.–(1) There shall be a Controller of Examinations, to be appointed by the Board on recommendation of the selection board, on such terms and conditions as may be prescribed.

(2) The minimum experience and qualifications necessary for appointment to the post of the Controller of Examinations shall be such as may be prescribed.

(3) The Controller of Examinations shall be a full-time officer of the University responsible for all matters connected with the conduct of examinations and shall perform such other duties as may be prescribed.

(4) The Controller of Examinations shall hold office for renewable terms of three years.

(5) The Board may, on advice of the Rector, remove the Controller of Examinations on grounds of in-efficiency or misconduct in accordance with prescribed manner.

  1. Treasurer.–(1) There shall be a Treasurer of the University to be appointed by the Board on recommendations of the selection board or by deputation from any Government organization, on such terms and conditions, as may be prescribed

(2) The minimum experience and the professional and academic qualifications necessary for appointment to the post of the Treasurer shall be such as may be prescribed,

(3) The Treasurer shall be the chief financial officer of the University and shall–

(a)      manage the assets, liabilities, receipts, expenditures, funds and investments of the University;

(b)      prepare annual and revised budget estimates of the University and present them to the Syndicate or a committee thereof for approval and incorporation in the budget to be presented to the Board;

(c)      ensure that the funds of the University are expended on the purposes for which they are provided; .

(d)      have the accounts of the University audited annually to be available for submission to the Board within six months of the close of the financial year, and

(e)      perform such other duties as may be prescribed.

(4) The Treasurer shall hold office for renewable terms of three years.

(5) The Board may, on recommendations and advice of the Rector, remove the Treasurer on grounds of inefficiency or misconduct in accordance with prescribed procedure.

  1. Director, planning and development.–(1) There shall be a Director, planning and development (P&D) of the University to be appointed by the Board on recommendation of the selection board on such terms and conditions as marry be prescribed.

(2) The minimum experience as well as the professional and academic qualifications necessary for appointment to the post of Director (P&D) shall be such as may be prescribed.

(3) The Director (P&D) shall be a full-time officer of the University and responsible for all matters connected with planning and development and shall perform such other duties as may be prescribed.

(4) The Director (P&D) shall–

(a)      prepare short and long term plans and development programs to meet vision, goals and priorities set by the University management and Board;

(b)      conduct comprehensive review, assessment and analysis of development planning process (project identification, appraisal, selection, implementation and monitoring) and mechanism;

(c)      develop a strategy for improving development planning processes and mechanisms based on findings of the situation analysis;

(d)      provide technical support in developing project proposals for the University;

(e)      be responsible for preparation of PC-I, PC-II, PC-III, PC-IV and PC-V of projects;

(f)       be responsible in respect of projects for preparation of cash work and activity plan;

(g)      be responsible in respect of projects for preparation of quarterly expenditure statements;

(h)      be responsible for preparation of monthly and quarterly progress reports;

(i)       coordinate with works, purchase, store units and accounts; and

(j)       communicate and submit reports, plans and projects to different donors.

(4) The Director (P&D) shall hold office for renewable terms of three years.

(5) The Board may, on recommendations and advice of the Rector, remove the Director (P&D) on grounds of inefficiency or misconduct in accordance with the prescribed procedure.

  1. Director, students affairs.–(1) There shall be a Director, students affairs of the University to be appointed by the Board on recommendation of selection board on such terms and conditions as may be prescribed.

(2) The minimum experience as well as the professional and academic qualifications necessary for appointment to the post of Director, students affairs shall be such as may be prescribed.

(3) The Director, students affairs shall be a full time officer of the University and shall–

(a)      be in-charge of the office of students affairs and alumni (OSAA) and shall maintain discipline of students in the University;

(b)      be in-charge of the office of international and national linkages (OINL), which would include the management of international faculty, international students, faculty exchange, student exchange and execution of international as well as national memorandum of understanding (MoU) by Rector or such other Authority as may be prescribed;

(c)      be the member and secretary of the University discipline committee;

(d)      be the head of career counseling, placements, internships office;

(e)      be the head of financial aid office;

(f)       be responsible to play an active and leading role in overall learning, revisions on curriculum and co-curricular activities of the University students;

(g)      be responsible of learning management system of the University; and

(h)      be responsible to propose plans for the future needs of hostels, logistics for students and staff members.

(4) The Director, students affairs shall hold office for renewable terms of three years.

(5) The Board may, on recommendations and advice of the Rector, remove the Director, students affairs on grounds of inefficiency or misconduct in accordance with the prescribed procedure.

  1. Director, quality enhancement cell.–(1) There shall be a Director, quality enhancement cell (QEC) of the University to be appointed by the Board on recommendation of selection board on such terms and conditions as may be prescribed.

(2) The minimum experience as well as the professional and academic qualifications necessary for appointment to the post of Director (QEC) shall be such as may be prescribed.

(3) the Director (QEC) shall be a full-time officer of the University, responsible to–

(a)      review quality standards and quality of teaching and learning in each subject area;

(b)      review academic affiliations with other institutes in terms of effective management 6f standards and quality of programs;

(c)      define clear and explicit standards as points of reference to the review to be carried out. He should also help the employees to know as to what they could expect from candidates;

(d)      develop qualifications framework by setting out attributes and abilities that can be expected from the holder of a qualification, i.e. undergraduate and graduate programs;

(e)      develop program specifications. These are standards set of information clarifying what knowledge, understanding, skills and other attributes a student will have to develop on successfully completing a specific program;

(f)       develop quality assurance processes and methods of evaluation to affirm that the quality of provision and the standard of awards are being maintained and to foster curriculum, subject and staff development together with research and other scholarly activities;

(g)      ensure that the University’s quality assurance procedures are designed to fit in with the arrangements in place nationally and internationally for maintaining and improving the quality of higher education; and

(h)      develop procedures and processes, monitoring and evaluation systems and standards for the following, namely:-

(i)       approval of new program;

(ii)      annual monitoring and evaluation including program monitoring, faculty monitoring and student perceptions;

(iii)     departmental review;

(iv)     student feedback;

(v)      employer feedback;

(vi)     quality assurance of undergraduate, graduate, postgraduate and doctoral programs;

(vii)    institutional assessment and performance evaluation;

(viii)   program specifications; and

(ix)     qualification framework.

(4) The Director (QEC) shall be member of all statutory bodies and committees of the University.

(5) The Director (QEC) shall, hold office for renewable terms of three years.

(6) The Board may, on recommendations and advice of Rector, remove the Director (QEC) on grounds of inefficiency or misconduct in accordance with the prescribed procedure.

  1. Director, office of research, innovation and commercialization.–(1) There shall be a Director office of research, innovation and commercialization (ORIC} of the University to be appointed by the Board on recommendation of selection board on such terms and conditions as may be prescribed.

(2) The minimum experience as well as the professional and academic qualifications necessary for appointment to the post of Director(ORIC), shall be such as may be prescribed.

(3) The Director (ORIC) shall be a full-time officer of the University and shall-

(a)      manage and enhance research activities of the University, develop research policies and priorities work for fund raising for research, mobilize faculty, business community and industry for research commercialization and serve as an effective advocate for research with the University and to its broader community of stakeholders and supporters;

(b)      supervise all aspects of the operation of the office for research including research administration (budgeting, auditing, accounting. human resources, management and maintenance of facilities and equipment. implementation of research contracts and human resources);

(c)      develop programs and activities that will increase funding for research from all public and private sources, establish and maintain excellent relationships with donors and private sources, oversee proposals for development and submission thereof;

(d)      promote development of public-private partnerships in support of University research, link the University’s research community with needs and priorities of corporate sector, develope opportunities for applied search and explore opportunities for technology transfer and commercialization of University research, including incubators and research parks;

(e)      be responsible to monetize royalty streams from licences;

(f)       collaborate with principal liaison for technical marking and licensing on commercialization of the University’s intellectual property (IP) in coordination with other relevant departments and offices; and

(g)      work in close liaison with the office of research and development, planning and development and University’s technology park.

(4) The Director (ORIC) shall hold office for renewable terms of three years.

(5) The Board may, on recommendations and advice of the Rector, remove the Director (ORIC) on grounds of inefficiency or misconduct in accordance with the prescribed procedure.

  1. Internal Auditor.–(1) The Internal Auditor of the University shall be appointed on regular basis by the Board on recommendation of the selection board or by deputation from offices of Auditor General of Pakistan or Controller General of Accounts who fulfil the eligibility criteria to be appointed as Internal Auditor.

(2) The minimum experience as well as the professional and academic qualifications necessary for appointment to the post of Internal Auditor shall be such as may be prescribed.

(3) The Internal Auditor shall be responsible for pre-auditing of all bills and documents for all payments to be made by the University.

(4) The Board may, on recommendation and advice of the Rector, remove the Internal Auditor on grounds of inefficiency or misconduct in accordance with the prescribed procedure.

  1. Other officers.–Subject to the provisions of this Act, the eligibility criteria, terms and conditions of the service and the powers and duties of other officers of the University shall be such as may be prescribed.

CHAPTER-IV

AUTHORITIES OF THE UNIVERSITY

  1. Authorities.–(1) The following shall be the Authorities of the University established by this Act, namely:-

(a)      the Board;

(b)      the Syndicate;

(c)      the Academic Council;

(d)      Search Committee for appointment of the Rector;

(e)      the Representation Committees for appointment to the Board, Syndicate and the Academic Council;

(f)       boards of faculties;

(g)      board of advanced studies and reeareh;

(h)      finance and planning committee; and

(i)       selection board.

(2) The following shall be the Authorities of the University to be established by statutes, namely:-

(a)      Graduate and Research Management Council;

(b)      Recruitment, Development,. Evaluation and Promotion Committees for teachers and other Staff whether at the level of the department, the faculty or the University;

(c)      Career Placement and Internship Committee of each faculty;

(d)      Departmental Council; and

(e)      any other Authority as may be prescribed.

(3) The Board, the Syndicate and the Academic Council may constitute such other committees or sub committees, by whatever name described, as are considered desirable through statutes or regulations and such committees or sub­committees shall be Authorities of the University for the purposes of this Act.

  1. The Board.–(1) The body responsible for the governance of the University shall be the Board constituted under this Act and shall consist of the following, namely:-
(a)      Chief of Army Staff (COAS) or his nominee; Chairman
(b)      secretary of the division to which business of defence stands allocated or his nominee not below the rank of additional secretary or equivalent; Member
(c)      secretary of the division to which business of education and professional training stands allocated or his nominee not below the rank of additional secretary or equivalent; Member
(d)      secretary of the division to which business of finance stands allocated or his nominee not below the rank of additional secretary or equivalent; Member
(e)      Chairman, Higher Education Commission, or his nominee not below the rank of an officer of BPS-20; Member
(f)       Rector of the University; Member
(g)      Inspector General Training and Evaluation (IGT&E), GHQ or his nominee; Member
(h)      Director General, Federal Government Educational Institutions (Cantonments and Garrisons) Directorate; Member
(i)       President, Federation of Pakistan Chamber of Commerce and Industry (FPCCI) or his nominee; Member
(j)       four persons from society at large, preferably at least one female, being persons of distinction in the field of administration, management, education, academics, law, accountancy, medicine, fine arts, architecture, agriculture, science, technology, industry, and engineering such that the appointment of these persons reflects a balance across the various fields: Members
                   Provided that special focus or affiliation of the University, to be declared in the prescribed manner, may be reflected in the number of Persons of distinction in the area of expertise relevant to the University who arc appointed to the Board;
(k)      one person from amongst the alumni of the University; Member
(l)       two persons from the academic community of the country, other than an employee of the University, at the level of professor or principal of a college; and Members
(m)     four University teachers, one from each tier i.e. professor, associate professor, assistant professor and lecturer. Members

(2) The number of members of the Board described against clauses (k) to (m) of sub-section (I) may be increased by the Board through statutes subject to the condition that total membership of the Board does not exceed twenty-one, with a maximum of five University teachers, and the increase is balanced, to the extent possible, across different categories specified in sub-section (I).

(3) Appointments to the Board as mentioned in clauses (k), (l) and (m) of sub-section (1) shall be made from amongst a panel of three names for each vacancy recommended by the Representation Committee constituted in terms of Section 32 and in accordance with the procedure as may be prescribed:

Provided that effort shall be made, without compromising on quality or qualification, to give fair representation to women on the Board:

Provided further that in respect of the University teachers described in clause (m) of sub-section (1), the Board shall prescribe a procedure for appointment from the various categories of University teachers.

(4) The members appointed to the Board under clauses (j), (k), (l) and (m) of sub-section (1) shall not serve for two consecutive terms.

(5) The Board shall meet at least twice in a calendar year. The special meeting of the Board may be convened by the Chairman when expedient and necessary.

(6) Service on the Board shall be on honorary basis, however, the actual expenses may be reimbursed, as may be prescribed.

(7) The Registrar shall be the secretary of the Board.

(8) Unless otherwise prescribed by this Act all decisions of the Board shall be taken based on the opinion of a majority of the members present. In the event of the members being evenly divided on any matter, the person presiding over the meeting shall have a casting vote.

(9) The quorum for a meeting of the Board shall be two-third of its total membership, a fraction being counted as one.

  1. Powers and functions of the Board.–(1) The Board shall have power of general supervision of the University and shall hold the Rector and the Authorities accountable for all functions of the University. The Board shall have all powers of the University not expressly vested in an Authority or officer by this Act and all other powers not expressly mentioned by this Act that are necessary for the performance of its functions,

(2) Without prejudice to the generality of the foregoing powers, the Board shall have the powers to-

(a)      approve the proposed annual plan of work, the annual and revised budgets, the annual report and the annual statement of accounts;

(b)      hold, control and lay down policy for administration of property, funds and investments of that University, including approval of sale and purchase or acquisition of immovable property;

(c)      approve appointment of the Deans as may be prescribed;

(d)      institute schemes, directions and guidelines for terms and conditions of appointment of all officers, teachers and other employees of the University;

(e)      approve strategic plans;

(f)       approve financial resource development plans of the University;

(g)      consider drafts of statutes and regulations proposed by the Syndicate and the Academic Council and deal with them in the manner as provided for in Sections 33 and 34, as the case may be:

Provided that the Board may frame a statute or regulation on its own initiative and approve it after calling for advice of the Syndicate or the Academic Council, as the case may be;

(h)      annul by order in writing proceedings of any Authority or officer if the Board is satisfied that such proceedings are not in accordance with the provisions of this Act, statutes or regulations made thereunder after calling upon such Authority or officer to show cause as to why such proceedings should not be annulled;

(i)       recommend to the Chance1lor removal of any member of the Board in accordance with the provisions of this Act

(j)       make appointment of members of the Syndicate, other than ex-officio members, in accordance with the provisions of this Act;

(k)      make appointment of members of the Academic Council, other than ex-officio members, in accordance with the provisions of this Act;

(l)       appoint emeritus professors on such terms and conditions as may be prescribed;

(m)     remove any person from membership of any Authority, if such person–

(i)       has been, by a competent Court of law, declared as of unsound mind;

(ii)      has become incapacitated mentally or physically to function as member of such Authority;

(iii)     has been, by a Court of law, convicted for an offence involving moral turpitude; or

(iv)     has been, by a Court of law, declared as undischarged insolvent or his application for this purpose is pending adjudication;

(n)      determine the form, provide for the custody and regulate the use of the common seal of the University.

(3) The Board may, subject to the provisions of this Act, delegate all or any of the powers and functions of any Authority, officer or employee of the University at its main campus, to any Authority, committee, officer or employee at its additional or sub-campus for the purpose of exercising such powers and performing such functions in relation to such additional or sub-campus, and for this purpose the Board may create new posts or positions.

  1. Visitation.–The Board may, in accordance with the terms and procedures, as may be prescribed, cause an inspection to be made in respect of any matter connected with the University.
  2. The Syndicate.–(1) The Syndicate shall consist of the following, namely:–

(a)      the Rector who shall be its Chairperson;

(b)      the Pro-Rector;

(c)      the Deans of the faculties of the University;

(d)      two persons of eminence (including on female not serving in any educational institute) to be nominated by the Board;

(e)      nominee of the Higher Education Commission not below the rank of an officer in BPS-19;

(f)       the Director, FGEI (C/G) Directorate or his nominee not below the rank of an officer in BPS-19;

(g)      three University teachers from different tiers (associate professor, assistant professor and lecturer);

(h)      Principals of the constituent colleges;

(i)       one principal each of the affiliated colleges to be recommended by DG FGEI (C/G) Directorate in a prescribed manner;

(j)       the Director (QEC);

(k)      the Director (ORIC);

(l)       the Director (Students Affairs);

(m)     the Director (P&D);

(n)      the Internal Auditor;

(o)      the Treasurer;

(p)      the Controller of Examinations; and

(q)      the Registrar who shall be the Secretary of the Syndicate.

(2) Members of the Syndicate, other than ex-officio members, shall hold office for a period of three years.

(3) As regards the three professors described in clause (g) of sub-section (1) the Board may prescribe a procedure for proposal of a panel of names by the Representation Committee constituted under Section 32. Appointment of persons proposed by the Representation Committee may be made by the Board on recommendation of the Rector.

(4) The quorum for a meeting of the Syndicate shall be one-half of the total number of its members, a fraction being counted as one.

(5) The Syndicate shall meet at least once in each quarter of the year.

  1. Powers and functions of the Syndicate.–(1) The Syndicate shall be the executive body of the University and shall take effective measures to raise the standard of teaching, research., technological development, publication and other academic pursuits and shall exercise general supervision and control over affairs of the University and management of property of the University.

(2) Without prejudice to the generality of the foregoing powers and subject to the provisions of this Act, statutes and directions of the Board, the Syndicate shall have the powers to–

(a)      consider the annual report, the annual and revised budget estimates and to submit these to the Board;

(b)      oversee the quality and relevance of the University’s academic programmes and to review the academic affairs of the University in general;

(c)      transfer and accept transfer of movable property on behalf of the University;

(d)      enter into, vary, carry out and rescind contracts on behalf of the University;

(e)      cause proper books of account to be kept for all sums of money received and expended by the University and for the assets and liabilities of the University;

(f)       invest, subject to the provisions of the Public Finance Management Act, 2019, any money belonging to the University including any unapplied income in any of the securities described in Sections 32 and 33 of the Islamabad Capital Territory Trust Act, 2020 (XXV of 2020), or in the purchase of immovable property or in such other manner, as it may prescribe, with the like power of varying such investments;

(g)      receive and manage any property, grants, bequests, trusts, gifts, donations, endowments and other contributions made to the University;

(h)      administer any funds placed at the disposal of the University for specified purposes;

(i)       provide and maintain the buildings, libraries, premises, furniture, apparatus, equipment and other means required for Carrying out the work of the University;

(j)       establish and maintain halls of residence and hostels or approve or license hostels or lodgings for the residence of students;

(k)      approve affiliation or de-affiliation of colleges as recommended by the Academic Council;

(l)       approve appointment of officers of the University and professors, associate professors, assistant professors, lecturers and such other senior faculty and senior administrators as may be prescribed;

(m)     recommend to the Board admission of educational institutes to the privileges of the University and withdraw such privileges;

(n)      arrange for inspection of colleges and departments;

(o)      institute professorships, associate professorships, assistant professorships, lectureships and other teaching posts or to suspend or to abolish such posts’;

(p)      create, re-designate, up-grade, down-grade, suspend or abolish such administrative or other posts as may be necessary;

(q)      prescribe duties of officers, teachers and other employees of the University;

(r)      report to the Board on matters with respect to which it has been asked to report;

(s)      appoint members to various Authorities in accordance with the provisions of this Act;

(t)      propose drafts of statutes for submission to the Board;

(u)      regulate conduct and discipline of students of the University;

(v)      take actions necessary for good administration of the University in general and to this end exercise such powers as are necessary;

(w)     delegate any of its powers to any Authority or officer or a committee; and

(x)      perform such other functions as have been assigned to it by the provisions of the Act or may be assigned to it by statutes.

  1. Academic Council.–(1) The Academic Council shall consist of–
(a)      Rector Chairperson
(b)      Pro-Rector Member
(c)      Deans of faculties and heads of departments as may be prescribed Members
(d)      five members representing the departments, institutes and the constituent colleges to be elected in the manner prescribed by the Board Member
(e)      Director (Students Affairs) Member
(f)       Director (QEC) Member
(g)      Director (ORIC) Member
(h)      Director (P&D) Member
(i)       two principals of affiliated colleges Members
(j)       the Controller of Examinations Member
(k)      the Librarian Member
(l)       nominee of the Commission Member
(m)     the Registrar Secretary

(2) A member of the Academic Council appointed by nomination shall hold office for three years.

(3) The quorum for a meeting of the Academic Council shall be one third of the total number of its members, a fraction being counted as one.

  1. Powers and functions of the Academic Council.–(1) The Academic Council shall be the academic body of the University and may lay down proper standards of instruction, research, publication and examination and to regulate and promote the academic life of the University and affiliated colleges.

(2) In particular and without prejudice to the generality of the foregoing powers, the Academic Council may–

(a)      advise the Syndicate on academic matters;

(b)      recommend to the Syndicate affiliation or de-affiliation of colleges;

(c)      regulate teaching, research and examinations;

(d)      regulate admission of students to the courses of studies and examinations of the University and affiliated colleges;

(e)      regulate award of studentships, scholarships, medals and prizes;

(f)       regulate conduct and discipline of students of the University and affiliated colleges;

(g)      propose to the Syndicate, schemes for constitution and organization of faculties, institutes and other academic bodies;

(h)      propose regulations on recommendations of the boards of faculties and the boards of studies for consideration and approval of the Syndicate;

(i)       propose for each academic year, on recommendations of the boards of studies, regulations prescribing the courses of studies, the syllabi and the outlines of tests for all examinations, provided that, if the recommendations of a board of faculties or the board of studies are not received by the prescribed date, the Academic Council may, subject to approval of the Syndicate, permit such regulations to continue for the subsequent years;

(j)       recognize the examinations of other universities or examining bodies as equivalent to the corresponding examinations of the University;

(k)      appoint members to the Authorities in accordance with the provisions of this Act and as may be prescribed by statutes; and

(l)       perform such other functions as may be prescribed by statutes.

  1. Representation Committee.–(1) There shall be a Representation Committee constituted by the Board through statutes for recommendation of persons for appointment to the Board in accordance with the provisions of Section 26 and for the recommendation of persons for appointment to the Syndicate and the Academic Council in accordance with the provisions of Sections 28 and 30 respectively.

(2) The Representation Committee responsible to make its recommendations for appointment of members to the Board shall consist of the following, namely:-

(m)     three members of the Board who are not the University teachers;

(n)      two persons nominated by the University teachers from amongst themselves in the prescribed manner,

(o)      one person from the academic community, not employed by the University, at the level of professor or school principal to be nominated by the University teachers in the prescribed manner; and

(p)      one eminent citizen with experience in administration, philanthropy, development work, law or accountancy to be nominated by the Board.

(3) The Representation Committee responsible to make its recommendations for appointment of members of the Syndicate and the Academic Council shall consist of the following, namely:

(a)      two members of the Board who are not University teachers: and

(b)      three persons nominated by the University teachers from amongst themselves in the prescribed manner.

(4) The term of the Representation Committees shall be for a period of three years:

Provided that no member shall serve for more than two consecutive terms.

(5) The procedures of the Representation Committees shall be such as may be prescribed

(6) There may also be such other Representation Committees constituted by any of the other Authorities of the University as are considered appropriate for recommending persons for appointment to the various Authorities and other bodies of the University.

CHAPTER-V

STATUTES, REGULATIONS AND RULES

  1. Statutes.–(1) The Syndicate may prepare statutes, whenever required, consistent with the provisions of this Act and submit the same before the Board for approval.

(2) The statutes may be made to provide for and regulate all or any of the following, namely:-

(a)      scales of pay, method of appointment and other terms and conditions of service of officers, teachers and other employees of the University and the constitution of their pension, insurance, gratuity, provident fund and benevolent fund;

(b)      the contents of and the manner in which the annual report to be presented by the Rector before the Board;

(c)      the institute fees and other charges;

(d)      conduct and discipline of officers, teachers and other employees of the University;

(e)      constitution, powers and duties of the Authorities and prescribe procedure for appointing members to such Authorities and related matters;

(f)       affiliation and disaffiliation of colleges, institutes, etc. and related matters;

(g)      admission of educational institutes to the privileges of the University and the withdrawal of such privileges;

(h)      establishment of institutes, faculties, colleges, departments and academic divisions;

(i)       powers and duties of officers, teachers and employees of the University;

(j)       conditions for appointment of professors emeritus;

(k)      conditions on which the University may enter into arrangements with public bodies or other organizations for purposes of research and advisory services;

(l)       general scheme of studies including the duration of courses, the system of examinations and the number of subjects and papers for examinations;

(m)     award of honorary degrees;

(n)      maintenance of register of students and registered graduates;

(o)      procedure for nomination and membership of Authorities of the University and related matters; and

(p)      all other matters which are to be or may be prescribed or regulated by statutes.

(3) The statutes, on approval of the Board, shall be published in the official Gazette.

  1. Regulations.–(1) The Academic Council shall prepare the regulations, consistent with the provisions of this Act, in respect of any of the following matters, namely:-

(a)      courses of study for degrees, diplomas and certificates of the University;

(b)      manner and method of teaching conducted in the University and affiliated colleges;

(c)      admission of students to the University and conditions under which they are admitted or allowed to take courses and examinations of the University and become eligible for the award of degrees, diplomas and certificates;

(d)      fees and other charges to be paid by students for admission to the courses of studies and the examinations of the University;

(e)      conduct of examinations;

(f)       conduct and discipline of students of the University;

(g)      conditions of residence of the students of the University or colleges including the levying of fee for residence in halls of residence and hostels and approval of hostels and lodgings for students;

(h)      conditions for acquiring research degrees;

(i)       institution of fellowships, scholarships; medals and prizes;

(j)       institution of stipends and free and half-free studentships;

(k)      academic costumes;

(l)       use of the library;

(m)     formation of teaching departments and boards of studies; and

(n)      all other matters which under this Act or the statutes are to be or may be prescribed by regulations.

(2) The Academic Council shall submit the regulations to the Syndicate for approval.

(3) The regulations, on approval of the Syndicate, shall be published in the official Gazette.

  1. Benefits and insurance.–(1) The University shall constitute for the benefit of its officers, teachers and other employees schemes, as may be prescribed, for the provision of post-employment benefits as well as health and life insurance while in service.

(2) Where any provident fund has been constituted under this Act, the provisions of the Provident Funds Act, 1925 (XIX of 1925), shall apply to such funds as if it were the Government Provident Fund.

  1. Amendmentand repeal of statutes and regulations.–The procedure for adding to, amending or repealing the statutes and regulations shall be the same as that prescribed respectively for making statutes and regulations.
  2. Rules.–(1) An Authority or a body of the University may with approval of the Syndicate and by notification in the official Gazette, make rules, consistent with this Act, the statutes and regulations to regulate the conduct of its business.

(2) The Board may direct any Authority or body of the University to amend or repeal any rules made by the Authority or body.

CHAPTER-VI

FINANCIAL PROVISIONS

  1. University Fund.–(1) There shall be a fund to be known as the University Fund which shall vest in the University and to which shall be credited all sums received by the University, including income from fees. charges, donations, trusts, bequests, endowments, contributions, grants and all other sources.

(2) The University may accept donations in the shape of land, equipment or any other item that may facilitate the functioning of the University and all such donations shall be used, maintained and disposed of by the University in the prescribed manner.

(3) There shall be a research fund of the University, independently managed in ling-with international research funds. This fund shall support indigenous research by faculty and research students on campus.

  1. Budget, accounts and audits.–(1) Subject to the provisions of Articles 169 and 170 of the Constitution, the accounts of the University shall be maintained and audited in such form and in such manner as may be prescribed.

(2) The teaching department . constituent schools, colleges and institutes and all other bodies designated as such by the Syndicate in terms of statutes shall be independent cost centers of the University with authority vested in the head of each cost centre to sanction expenditure out of the budget allocated to it, provided that re-appropriation from one head of account to another may be made by the head of a cost centre in accordance with and to the extent prescribed by statutes.

(3) All funds generated by a teaching department, constituent college, school or other unit of the University through Consultancy, research or other provision of service shall be made available without prejudice to the budgetary allocation otherwise made, after deduction of overheads in the manner and to the extent prescribed by statutes, to the teaching department, constituent college, school or other unit for its development. A part of the funds so generated may be shared with the University teachers or re-searchers in charge of the consultancy, research or service concerned in the manner and to the extent prescribed by statutes.

(4) No expenditure shall be made from the funds of the University, unless a bill for its payments has been issued by the head of the cost centre concerned in accordance with the relevant statutes and the Treasurer has verified that the payment is provided for in the approved budget of the cost centre, subject to the power of re-appropriation available to the head of the cost centre.

(5) Provision shall be made for an internal audit of the finances of the University institute and constituent college.

(6) Without prejudice to the requirement of audit by an auditor appointed, the annual audited statement of accounts of the University shall be prepared in conformity with the generally accepted accounting principles (GAAP) by a reputed firm of chartered accountants and signed by the Treasurer.

(7) The observations of the Auditor, if any, together with such annotations as the Treasurer may make shall be considered by the Syndicate and shall be placed before the Board within six months of closing of the financial year.

(8) The budget of the University shall be approved by the Board in such manner as may be prescribed.

(9) The Board may approve appropriation of accounts of the University and settle an audit para or observation, if any, relating to the audit of the University.

(10) The Board may delegate to an officer of the University the power of appropriation or re appropriation of budgetary allocation from one head of account to other head of account within the existing budget allocation of the financial year to which the requisite proposed expenditures, to be made there against, relates.

CHAPTER-VII

MISCELLANEOUS

  1. Appeal to Syndicate and Board.–(1) If an order is passed by an Authority, body or officer of the University, other than the Chancellor or the Board, and an appeal against the order is not provided under the statutes or regulations, any aggrieved person may prefer an appeal against the order to the Syndicate.

(2) The Syndicate may constitute a committee of its members to hear and dispose of any appeal on behalf of the Syndicate.

(3) If a member of the Syndicate is the officer who passed the order or who is also member of the Authority against whose order appeal is filed before the Syndicate, such member shall neither hear the appeal as member of the Syndicate nor be part of the committee constituted to hear and dispose of the appeal.

(4) If aggrieved person is not satisfied with the decision of the Syndicate, he may file an appeal to the Board, whose decision thereon shall be final.

  1. Opportunity to slow cause.–Except as otherwise provided by law no officer, teacher or other employee of the University holding a permanent post shall be reduced in rank, dismissed or removed or compulsorily retired from service, for cause arising out of any act or omission on the part of the person concerned unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken.
  2. Commencement of term of office of members of Authority.–(1) When a member of a newly constituted Authority is elected, appointed or nominated, his term of office, as fixed under this Act, shall commence from such date as may be prescribed.

(2) Where a member who has accepted any other assignment or for any other similar reason remains absent for a period of not less than six months from the University without any prior notice, he shall be deemed to have resigned and vacated his seat.

  1. Filling of casual vacancies in Authorities.–Any casual vacancy among the members of any Authority shall be filled, as soon as conveniently may be, in the same manner and by the same person or Authority that had appointed the member whose place has become vacant and the person appointed to the vacancy shall be a member of such Authority for the residue of the term for which the person whose place he fills would have been a member.
  2. Service of the University.–(1) All persons employed by the University in accordance with the terms and conditions of service prescribed by statutes shall be persons in the service of Pakistan for the purposes of any Court or tribunal constituted by Law in terms of Article 212 of the Constitution of the Islamic Republic of Pakistan:

Provided that any provision as regards the terms and conditions of employment of persons in the service of Pakistan in general or in comparable employment notwithstanding the service of persons employed by the University shall be entirely governed by the terms and conditions prescribed by the relevant statutes.

(2) An officer, teacher or other employee of the University shall retire from service on the attainment of such age or tenure of service as may be prescribed.

(3) No adverse change shall be made in the terms and conditions of employment of any University teacher or other employee in the employment of the University on the date of enforcement of this Act.

  1. Removal of difficulty.–(1) If any question arises as to the interpretation of any of the provisions, of this Act, it shall be placed before the Chancellor whose decision thereon shall be final.

(2) If any difficulty arises in giving effect to any of the provisions of this Act, the Chancellor may make such order after obtaining the views of the Board, not inconsistent with the provisions of this Act, as may appear to him to be necessary for removing the difficulty.

(3) Where this Act makes any provision for anything to be done but no provision or no sufficient provision has been made as respects the Authority by whom or the time at which, or the manner in which, it shall be done, then it shall be done by such Authority, at such time, or in such manner as the Chancellor may direct after obtaining the views of the Board.

  1. First statutes and regulations.–Notwithstanding anything to the contrary contained in this Act, the President of Pakistan shall promulgate the first statutes and regulations which shall be deemed to be statutes and regulations made under Sections 33 and 34 respectively and shall continue to remain in force until amended or replaced by the President or till such time new statutes and regulations are made in accordance with the provisions of this Act.
  2. Proceedings or Authorities not invalidated by vacancies.–No act, resolution or decision of any Authority shall be invalid by reason of any vacancy in the Authority doing, passing or making it or by reason of any want of qualification or invalidity in the appointment or nomination of any member of the Authority. whether present or absent.
  3. Power to allow appointment of employees of the Government, others universities or educational or research institutes to the University.­-Notwithstanding anything contained in this Act, the Board may, on recommendation of the Rector, allow any post in the University to be filled by initial appointment, transfer or secondment or deputation of an employee of the Government or any other university or educational or research institute on such terms and conditions as the Board may specify.

(2) Where any appointment has been made under this section, the terms and conditions of service of the appointee shall not be less favourable than those admissible to him immediately before such initial appointment, transfer or secondment or deputation and he shall be entitled to all benefits of his post or serv1ce.

  1. Indemnity.–No suit or legal proceedings shall lie against the Government, the University or any Authority, officer or employee of the Government or the University or any person in respect of any thing which is done or deemed to have been done in good faith under this Act,

SCHEDULE

(See Sections 2, 33 and 46)

THE FIRST STATUTES

  1. Faculties.–(1) There shall be a faculty for a teaching department or a group of teaching departments.
See also  Section 9 of the NATIONAL ACCOUNTABILITY ORDINANCE 1999

(2) The University shall include the following faculties and such other faculties as may be prescribed, namely:-

(a)      Faculty of Natural and Applied Sciences;

(b)      Faculty of Computing;

(c)      Faculty of Management Sciences;

(d)      Faculty of Social Sciences, Humanities and Arts;

(e)      Faculty of Engineering and Emerging Technologies;

(f)       any other faculty, department or institute with the approval of the Board.

  1. Board of faculty.–(1) There shall be a board of faculty for each faculty which shall consist of-
(a)      Dean of the faculty; Chairperson
(b)      Professors and the chairpersons of head of departments in the faculty; Members
(c)      the Director (Students Affairs); Member
(d)      the Director (QEC); Member
(e)      two teachers including at least one women to be nominated by the Academic Council based on their specialized knowledge of the subjects which, though not assigned to the faculty, have in the option of the Academic Council, important bearing on the subjects assigned to the faculty; Members
(f)       two experts including at least one woman in the field from outside the University, one each to be appointed by the Board and Syndicate respectively; Members
(g)      one member to be nominated by the Rector; and Member
(h)      the Director (ORIC) Member

(2) The members other than ex-officio members of a board of faculty shall hold office for a term of three years.

(3) The quorum for a meeting of a board of faculty shall be one-half of the total number of members, a fraction being counted as one.

(4) A board of faculty, subject to the general control of the Syndicate and Academic Council, may–

(a)      co-ordinate the teaching and research work in the subjects assigned to the faculty;

(b)      scrutinize the recommendations of a board of studies comprising a faculty with regard to the appointment of paper setters and examiners for graduate and postgraduate examinations and to forward the panels of suitable paper setters and examiners for each examination to the Rector;

(c)      consider any other academic matter relating to the faculty and to submit its report to the Academic Council;

(d)      prepare a comprehensive annual report regarding the performance of each department, constituent college or institute, comprising the faculty for presentation to the Academic Council; and

(e)      perform such other functions as may be prescribed by statutes.

(5) The Dean shall be appointed by the Board on recommendations of the Rector from amongst the professors of the faculty, and he shall hold office for a period of three years but shall be eligible for re-appointment, provided that in a department or constituent college where there are less than three eligible professors, the appointment shall be made from amongst the three senior most professors and associate professors of the department or constituent College.

(6) The Dean shall present candidates for admission to degree, except an honorary degree, courses falling within the purview of the faculty.

(7) The Dean shall have such powers and duties as may be prescribed by the Board on recommendations of the Rector.

  1. Board of advanced studies and research.–(1) The board of advanced studies and research shall consist of–
(a)      Rector; Chairperson
(b)      all the Deans; Members
(c)      Controller of Examinations; Member
(d)      one University Professor from each faculty (other than Dean) to be nominated by the Syndicate; Member
(e)      one member to be nominated by the Rector; Member
(f)       three members, including at least one woman, from the relevant field, research organizations and Government, to be nominated by the Syndicate; Members
(g)      Director (QEC); Member
(h)      Director(ORIC); Member
(i)       Director (Students Affairs); Member
(j)       Director (P&D); and Member
(k)      Registrar. Member-cum-Secretary

(2) The term of office of the members of the board of advanced studies and research, other than ex-officio members, shall be three years.

(3) the quorum for a meeting of the board of advanced studies and research shall be one-half of the total number of members, a fraction being counted as one.

  1. Functions of the board of advanced studies and research.–The board of advanced studies and research (BASR) shall-

(a)      advise an Authority on all matters connected with promotion of advanced studies and research publication in the University;

(b)      consider and report to an Authority with regard to a research degree of the University;

(c)      propose regulations regarding the award of a research degree;

(d)      appoint supervisors for a postgraduate research student and to approve title and synopses of a thesis or dissertation;

(e)      recommend panels of names of examiners for evaluation of a research examination; and

(f)       perform such other functions as may be prescribed by statutes.

  1. Selection board.–(1) The selection board shall consist of–
(a)      Rector; Chairperson
(b)      one Vice-Chancellor or Rector of a public sector university; Member
(c)      Dean of the faculty concerned; Member
(d)      Joint Secretary of the division concerned; Member
(e)      Chairperson of concerned department; Member
(f)       one nominee of the Commission; Member
(g)      one member of the Board of the University to be nominated by the Board; Member
(h)      one eminent scholar to be nominated by the Syndicate; Member
(i)       two experts to be nominated by the Syndicate; Member
(j)       one member of the Syndicate to be nominated by the Syndicate; Member
(k)      the Director (QEC); Member
(l)       nominee of FGEI (C/G) Directorate not below the rank of officer ofBPS-19; and Member
(m)     the Registrar Member-cum-Secretary

(2) The members, other than ex-officio members, shall hold office for a term of three years.

(3) Six members including at least one expert shall constitute the quorum for a meeting of the selection board.

(4) No member who is a candidate or whose family member is a candidate, for a post to which appointment is to be made, shall take part in the proceedings of the selection board for selection of a candidate on such post.

(5) In selection of candidates for the post of professor or associate professor, the selection board shall co-opt or consult three experts in the subject and in selecting candidates for any other teaching post, two experts in the subject, to be nominated by the Rector from a standing list of experts for each subject approved by the Syndicate.

(6) The Syndicate may approve or revise the standing list of experts of a subject on recommendation of the selection board.

  1. Functions of the selection board.–(1) The selection board shall–

(a)      consider the applications and recommend to the Board, the names of suitable candidates for appointment to the positions of professors, associate professors and such other senior faculty and senior administrators as may be prescribed and to the syndicate, the names of suitable candidates for appointment to the positions of assistant professors, lecturers and such other faculty and administrators posts as may be prescribed and recommend suitable salary for the selected candidate; and

(b)      consider in prescribed manner all cases of promotion or selection of officers of the University and recommend the names of suitable candidates for such promotion or selection to the Board in case of officers of the level of associate professors or above and equivalent or Syndicate in any other case.

(2) The recommendations of the selection board shall be submitted to the Board or as the case may be Syndicate for approval.

  1. Selection committee.–(1) There shall be a selection committee for appointments and promotions of staff.

(2) The selection committee shall consist of–

(a)      Registrar who shall be its Convener;

(b)      Additional Registrar or Deputy Registrar,

(c)      representative of the Dean of the faculty concerned not below the rank of officer in BPS-19;

(d)      representative of head of the department concerned not below the rank of officer in BPS-19;

(e)      representative nominated by the Syndicate not below the rank of officer in BPS-19;

(f)       representative to be nominated by the DG FGEI (C/G) Directorate not below the rank of officer in BPS-19;

(g)      the Director (QEC); and

(h)      the Director (P&D).

(3) The Deputy Registrar (Administration) shall be the secretary of the selection committee.

(4) No member who is a candidate or whose family member is a candidate, for a post to which appointment is to be made, shall take part in the proceedings of the selection committee for selection of a candidate on such post.

  1. Functions of the selection committee.–(1) The selection committee shall–

(a)      consider, in the prescribed manner, the applications and recommend to the appointing authority, the names of suitable candidates for appointment to the positions of staff and recommend suitable salary for the selected candidates; and

(b)      consider, in the prescribed manner, all cases of promotion or selection of staff of the University and recommend the names of suitable candidates for such promotion.

(2) The recommendations of the selection committee shall be submitted to the Rector for approval.

  1. Finance and planning committee.–(1) The finance and planning committee shall consist of–
(a)      Rector; Chairperson
(b)      all Deans; Members
(c)      one member of the Board, to be nominated by the Board; Member
(d)      one member of the Syndicate to be nominated by the Syndicate; Member
(e)      one member of the Academic Council to be nominated by the Academic Council; Member
(f)       one representative of FGEI (C/G) Directorate not below the rank of officer of BPS-19; Member
(g)      Director Planning or any other nominee of the Commission not below the rank of officer of BPS-19; Member
(h)      nominee of finance division not below the rank of officer of BPS-19; Member
(i)       nominee of Auditor General not below the rank of officer of BPS-19; Member
(j)       Registrar of the University; Member
(k)      Director (P&D) of the University; and Member
(l)       Treasurer. Member-cum-Secretary

(2) The term of office of the nominated members shall be three years.

(3) Fifty-one percent members of the finance and planning committee shall constitute the quorum for its meeting, a fraction shall be rounded and counted as one.

  1. Functions of the finance and planning committee.–The finance and planning committee shall perform the following functions, namely:–

(a)      prepare the annual statement of accounts and propose annual budget estimates and make recommendations to the Syndicate;

(b)      review periodically the financial position of the University;

(c)      advise the Syndicate on all matters relating to finance, investments and accounts of the University; and

(d)      perform such other functions as may be prescribed by statutes.

  1. Appointment of committees by Authorities.–Any Authority may constitute such standing, special or advisory committees as it may deem fit, and appoint to such committees persons who may not be members of that Authority.

CORRIGENDA

Islamabad, the 1st November, 2022

[to the Gazette of Pakistan, Extraordinary, Part-I, dated the 24th May, 2018, containing the House Building Finance Corporation (Repeal) Act, 2018 (Act No. XXV of 2018)]

In the House Building Finance Corporation (Repeal) Act, 2018, at page 388 of the Gazette, in first line of Section 2, the expression “(Repeal)” shall be omitted.

————————

CORRIGENDUM

Islamabad, the 8th February, 2022

[to the Gazette of Pakistan, Extraordinary, Part-I,
dated the 14th December, 2021, containing Act No. XXVI of 2021]

In the SBP Banking Services Corporation (Amendment) Act, 2021 at page 890 of the Gazette, in clause 2, in sub-clause (2), in paragraph (a), for the expression “crec”, the expression “credit”, shall be substituted.

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ACT NO VIII OF 2023

ISLAMABAD CAPITAL TERRITORY LOCAL GOVERNMENT (AMENDMENT) ACT, 2023

An Act further to amend the Islamabad Capital Territory Local Government Act, 2015

[Gazette of Pakistan, Extraordinary, Part-I, 22nd February, 2023]

No. F. 22(38)/2022-Legis., dated 21.2.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 20th February, 2023 is hereby published for general information:-

WHEREAS it is expedient further to amend the Islamabad Capital Territory Local Government Act, 2015 (X of 2015), in the manner and for the purposes hereinafter appearing;

It is hereby enacted as follows:-

  1. Short title and commencement.–(1) This Act shall be called the Islamabad Capital Territory Local Government (Amendment) Act, 2023.

(2) It shall come into force at once.

  1. Amendment of Section 6, Act X of 2015.–In the Islamabad Capital Territory Local Government Act, 2015 (X of 2015), in Section 6, for sub-section (1), the following shall be substituted, namely:-

“(1) There shall be one hundred and twenty-five Union Councils within the Islamabad Capital Territory under this Act. The Federal Government, on the recommendations of Ministry of Interior, by notification in the official Gazette may increase or decrease the number of union councils from time to time.”

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ACT NO. IX OF 2023

CAPITAL DEVELOPMENT AUTHORITY (AMENDMENT) ACT, 2023

An Act further to amend the Capital Development Authority Ordinance, 1960

[Gazette of Pakistan, Extraordinary, Part-I, 24th February, 2023]

No. F. 9(37)/2022-Legis., dated 22.2.2023–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 20th February, 2023 and is hereby published for general information:-

WHEREAS, it is expedient further to amend the Capital Development Authority Ordinance, 1960 (XXIII of 1960) for the purposes hereinafter appearing;

It is hereby enacted as follows:-

  1. Short title and commencement.–(1) This Bill shall be called the Capital Development Authority (Amendment) Act, 2023.

(2) It shall come into force at once.

  1. Amendment of Section 8, Ordinance XXIII of 1960.–In the Capital Development Authority Ordinance, 1960 (XXIII of 1960), hereinafter referred to as the said Ordinance, in Section 8, clause (f) shall be omitted.
  2. Amendment of Section 15, Ordinance XXIII of 1960.–In the said Ordinance, in Section 15, in sub-section (2), in clause (v), after the word “contracts”, the expression “including but not limited

 

to joint ventures, public private partnerships, concession agreements, etc.” shall be inserted.

  1. Insertion of Section 49G, Ordinance XXIII of 1960.–In the said Ordinance, after Section 49F, the following new Section 49G shall be inserted, namely:–

“49G. Ordinance to override other Laws.–The provisions of this Ordinance shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force and such law shall, to the extent of any inconsistency, cease to have effect.”.

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ACT NO. X OF 2023

FINANCE (SUPPLEMENTARY) ACT, 2023

An Act further to amend certain laws relating to
taxes and duties

[Gazette of Pakistan, Extraordinary, Part-I, 24th February, 2023]

No. F. 22(6)/2023-Legis., dated 23.2.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 23rd February, 2023 is hereby published for general information:-

WHEREAS, it is expedient further to amend certain Laws relating to taxes and duties for the purposes hereinafter appearing;

It is hereby enacted as follows:-

  1. Short title and commencement.–(1) This Act shall be called the Finance (Supplementary) Act, 2023.

(2) It shall, unless specified otherwise, come into force at once.

  1. Amendments in the Sales Tax Act, 1990.–In the Sales Tax Act, 1990, the following further amendments shall be made, namely:-

(A)     in Section 3,–

(i)       for the word “seventeen”, wherever occurring, the word “eighteen” shall be substituted; and

(ii)      in sub-section (2), in clause (a),–

(a)      before the existing proviso, the following new proviso shall be inserted, namely:–

“Provided that the Federal Government may, subject to such conditions and restrictions as it may impose, by notification in the official Gazette, declare that the tax. on goods specified in the Third Schedule shall be collected and paid at such higher rate or rates on the retail price thereof, as may be specified in the said notification:”; and

(b)      in the existing proviso, after the word “Provided”, the word “further” shall be inserted;

(B)     in the Eighth Schedule, in column (1),–

(i)       against serial number 47, in column (4), for the expression “17%”, the expression “18%” shall be substituted; and

(ii)      against serial number 56, in column (4), for the expression “17%”, the expression “18%” shall be substituted; and

(C)     in the Ninth Schedule, in Table-II, in column (1), against S. No. 1, in column (2),–

(i)       against category E, in column (3), for the expression “17%”, the expression ‘ 18%” shall be substituted;

(ii)      against category F, in column (3), for the expression “17%”, the expression “18%”‘ shall be substituted; and

(iii)     against category G, in column (3), for the expression “17%”, the expression ‘“25%” shall be substituted.

  1. Amendments in the Income Tax Ordinance, 2001 (XLIX of 2001).–In the Income Tax Ordinance, 2001 (XLIX of 2001), the following further amendments shall be made, namely:–

(a)      in Section 37, after sub-section (5), the following new sub-sections shall be added, namely:-

“(6) The person acquiring a capital asset, being shares of a company, shall deduct advance adjustable tax from the gross amount paid as consideration for the shares at the rate of ten percent of the fair market value of the shares which shall be paid to the Commissioner by way of credit to the Federal Government, within fifteen days of the payment.

(7) Notwithstanding the provisions of Section 68, the value of shares, for the purpose of sub-section (6), shall be the fair market value, as prescribed for sub-section (4) of Section 10 1 A, without reduction of liabilities.

(8) The Commissioner may, on application made by the person acquiring of the shares, and after making such inquiry as the Commissioner thinks fit, allow to make the payment, without deduction of tax or deduction of tax at a reduced rate.

(9) The provisions of Sections 161, 162, Entry No. 15 of the Table in Section 182, clause (c) of sub-section (1) of Section 191 and Section 205 shall mutatis mutandis apply to the tax deductible and payable under this section.

(10) The person disposing of the capital asset, being shares of a company, shall furnish to the Commissioner within thirty days of the transaction of disposal, the prescribed information or documents, in a statement as may be prescribed:

Provided that the Commissioner may, by notice in writing, require the said person, to furnish infom1ation, documents and statement within a period of less than thirty days as specified in the notice.”;

(b)      in Section 37A, in sub-section (1), in the proviso, for the full stop at the end, a colon shall be substituted and thereafter the following new proviso shall be added, namely:-

“Provided further that this section shall not apply to the disposal of shares of a listed company made otherwise than through registered stock exchange and which are not settled through NCCPL and the provisions of Section 37 shall apply on such disposal of shares of a listed company, accordingly.”; and

(c)      after Section 236CA, the following new section shall be inserted, namely:-

236CB. Advance tax on functions and gatherings.–(1) Every prescribed person shall collect advance tax at the rate specified in Division-XI of Part-IV of the First Schedule on the total amount of the bill from a person arranging or holding a function in a marriage hall, marquee, hotel restaurant, commercial lawn, club, a community place or any other place used for such purpose, subject to such conditions or limitations as may be prescribed.

(2) Where the food, service or any other facility is provided by any other person, the prescribed person shall also collect advance tax on the payment for such food, service or facility at the rate specified in Division-XI of Part-IV of the First Schedule from the person arranging or holding the function.

(3) The advance tax collected under sub-section (1) and sub-section (2) shall be adjustable.

(4) In this section–

(a)      “function” includes any wedding related event, a seminar, a workshop, a session, an exhibition, a concert, a show, a party or any other gathering held for such purpose; and

(b)      “prescribed person” includes the owner, a lease-holder, an operator or a manager of a marriage hall, marquee, hotel, restaurant, commercial lawn, club, a community place or any other place used for such purpose.”;

(d)      in the First Schedule, in Part-IV, after Division-XA, the following new Division shall be added, namely:-

“Division-XI

Advance tax on functions and gatherings

The rate of tax to be collected under Section 236CB shall be 10%.”.

  1. Amendments in the Federal Excise Act, 2005.–In the Federal Excise Act, 2005, in the First Schedule, the following further amendments shall be made, namely:–

(A)     in Table-1, in column (1),–

(i)       against serial numbers 4, 5 and 6, in column (4), for the word “Thirteen”, the word “Twenty” shall be substituted;

(ii)      against serial number 9,–

(a)      in column (2), for the words “six thousand six hundred and sixty”, the words “nine thousand” shall be substituted; and

(b)      in column (4), for the words “six thousand five hundred”, the words “sixteen thousand five hundred” shall be substituted;

(iii)     against serial number 10,–

(a)      in column (2), for the words “six thousand six hundred and sixty”‘, the words “nine thousand” shall be substituted; and

(b)      in column (4), for the words “two thousand and fifty”, the words “five thousand and fifty” shall be substituted;

(iv)     against serial number 13, in column (4), for the words “one rupee and fifty paisa”, the words “two rupees” shall be substituted;

(v)      after the omitted serial number 58, the following new serial number and entries relating thereto in columns (2), (3) and (4) shall be added, namely:-

59. Sugary Fruit juices, syrups and squashes, waters whether or not containing added sugar or artificial sweeteners excluding mineral and aerated waters Respective headings Ten percent of retail price.”; and

(vi)     after Table-1,–

(a)      in the Restriction-3-Minimum Price, for the words “forty­five”, the word “sixty” shall be substituted; and

(b)      after Restriction-3-Minimum Price, the following shall be added, namely:-

“(4) Rate of duty.–Notwithstanding the limitation on the retail price under column (2) against serial number 9, manufacturers whose brands were liable to duty at the rates specified in column (4) against serial number 9, one day before the date of amendment (through a notification, an Ordinance or an Act of parliament), shall continue to collect and pay the duty against serial number 9 at the amended rates specified in column (4) (through a notification, an Ordinance or an Act of par liament).”; and

 

(B)     in Table-II, in column (1), against serial number 3, in column (2), in clause (b), for sub-clause (ii), the following shall be substituted, namely:-

“(ii) Club, business and first class air. tickets issued on or after the date of commencement of the Finance (Supplementary) Act, 2023:
(a) IATA Traffic Conference Area 1 (North, Central, South America and Environs) Two hundred and fifty thousand rupees
(b) IATA Traffic Conference Area 2

(I) Middle East and Africa

 

(II) Europe

 

 

(I) Seventy-five thousand rupees

(II) One hundred and fifty thousand rupees

(c) IATA Traffic Conference Area 3 (Far East, Australia, New Zealand and Pacific Islands). One hundred and fifty thousand rupees.”

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ACT NO. XI OF 2023

PAKISTAN GLOBAL INSTITUTE ACT, 2023

An Act to provide for establishment of the Pakistan
Global Institute

[Gazette of Pakistan, Extraordinary, Part-I, 17th March, 2023]

No. F. 22(37)/2021-Legis.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 14th March, 2023 is hereby published for general information:-

WHEREAS it is expedient to provide for establishment of the Pakistan Global Institute and for matters, connected therewith and ancillary thereto;

It is hereby enacted as follows:-

CHAPTER-I

PRELIMINAY

  1. Short title and commencement.–(1) This Act shall be called the Pakistan Global Institute Act, 2023.

(2) This Act shall come into force at once.

  1. Definitions.–In this Act, unless there is anything repugnant in the subject or context,–

(a)      “Academic Council” means the Academic Council of the Institute

(b)      “Authority” means any of the Authorities of the Institute specified or set up under Section 18;

(c)      “Chancellor” means the Chancellor of the Institute;

(d)      “Chairperson” means the Chairperson of a teaching department;

(e)      “college” means an educational institution, other than constituent college;

(f)       “constituent college” means an educational institution, by whatever name described, maintained and administered by the Institute;

(g)      “Commission” means the Higher Education Commission set up under the Higher Education Commission Ordinance, 2002 (LIII of 2002);

(h)      “Dean” means the head of a Faculty or the head of an academic body granted the status of a Faculty under this Act or by the statutes or regulations;

(i)       “Department” means a teaching department maintained and administered or recognized by the Institute in the manner as may be prescribed;

(j)       “Faculty” means an administrative and academic unit of the Institute consisting of one or more departments, as may be prescribed;

(k)      “Government” means the Federal Government;

(l)       “prescribed” means prescribed by statutes, regulations or rules made under this Act;

(m)     “Principal” means the head of a constituent college;

(n)      “Representation Committee” means the Representation Committee constituted under Section 26;

(o)      “Review Panel” means the Review Panel set up by the Chancellor in accordance with the provisions of Section 11;

(p)      “Schedule” means a Schedule to this Act;

(q)      “Search Committee” means the Search Committee set up by the Senate under Section 14;

(r)      “Senate” means the Senate of the Institute;

(s)      “statutes”, “regulations” and “rules” mean respectively the statutes, the regulations and the rules made under this Act and for the time being in force;

(t)      “Syndicate” means the Syndicate of the Institute;

(u)      “teachers” include Professors, Associate Professors, Assistant Professors and Lecturers engaged whole time by the Institute or by a constituent college and such other persons as may be declared by regulations to be teachers;

(v)      “Institute” means the Pakistan Global Institute;

(w)     “Patron” means the patron of the Institute; and

(x)      “Vice-Chancellor” means the Vice-Chancellor of the Institute.

CHAPTER-II

THE INSTITUTE

  1. Establishment and incorporation of the Institute.–(1) There stands established an Institute to be called the Pakistan Global Institute.

(2) The Institute shall consist of the following, namely:-

(a)      the Patron, Chancellor, the members of the Senate and the Vice­Chancellor;

(b)      the members of the Authorities of the Institute established under Section 18;

(c)      all Institute teachers and persons recognized as students of the institute in accordance with such terms as may be prescribed from to time; and

(d)      all other full-time officers and members of the staff of the Institute.

(3) The Institute shall be a body corporate having perpetual succession and a common seal and may sue and be sued by the said name.

(4) The Institute shall be competent to acquire and hold property, both movable and immovable, and to lease, sell or otherwise transfer any movable and immovable property which may have become vested in or been acquired by it.

(5) Notwithstanding anything contained in any other law for the time being in force, the Institute shall have academic, financial and administrative autonomy, including the power to employ officers, teachers and other employees on such terms as may be prescribed, subject this Act and the Higher Education Commission Ordinance, 2002 (LIII of2002).

  1. Powers and functions of the institute.–The Institute shall have the following powers and functions, namely:–

(i)       to provide for education and scholarship in such branches of knowledge as it may deem fit and to make provision for research, service to society and for the application, advancement and dissemination of knowledge in such manner as it may determine;

(ii)      to prescribe courses of studies to be conducted by the Institute and the constituent colleges and other colleges affiliated by the Institute;

(iii)     to hold examinations and to award and confer degrees, diplomas, certificates and other academic distinctions to and on persons who have been admitted to and have passed its examinations under prescribed conditions;

(iv)     to prescribe the terms and conditions of employment of the officers, teachers and other employees of the Institute and to lay down terms and conditions that may be different from those applicable to government servants in general;

(v)      to engage, where necessary, persons on contract of specified duration and to specify the terms of each such engagement;

(vi)     to confer honorary degrees or other distinctions on approved persons in the manner as may be prescribed;

(vii)    to provide for such instruction for persons not being students of the Institute as it may prescribe and to grant certificates and diplomas to such persons;

(viii)   to establish programs for the exchange of students and teachers between the Institute and other universities, educational institutions and research organizations, inside as well as outside Pakistan;

(ix)     to provide career counseling and job search services to students and alumni;

(x)      to maintain linkages with alumni;

(xi)     to develop and implement fund-raising plans;

(xii)    to provide and support the academic development of the faculty of the Institute;

(xiii)   to confer degrees on persons who have carried on independent research under prescribed conditions;

(xiv)   to accept the examinations passed and the period of study spent by students of the Institute at other universities, institutions and places of learning equivalent to such examinations and periods of study in the Institute, as it may prescribe and to withdraw such acceptance;

(xv)    to co-operate with other institutions, public authorities or private organizations, inside as well as outside Pakistan, in such manner and for such purposes as it may prescribe;

(xvi)   to establish professorships, associate professorships, assistant professorships and lectureships and any other posts and to appoint persons thereto;

(xvii)  to create posts for research, extension, administration and other related purposes and to appoint persons thereto;

(xviii) to institute and award financial assistance to students in need, fellowships, scholarships, bursaries, medals and prizes under prescribed conditions;

(xix)   to establish teaching departments, schools, constituent colleges, faculties, museums and other centers of learning for the development of teaching and research and to make such arrangements for their maintenance, management and administration as it may prescribe;

(xx)    to provide for the residence of the students of the Institute and the constituent colleges, to institute and maintain halls of residence and to approve or license hostels and lodging;

(xxi)   to maintain order, discipline and security on the campuses of the Institute and the constituent colleges;

(xxii)  to promote extra-curricular and recreational activities of students and to make arrangements for promoting their health and general welfare;

(xxiii) to demand and receive such fees and other charges as it may determine;

(xxiv) to make provision for research, advisory or consultancy services and with these objects to enter into arrangements with other institutions, public or private bodies, commercial and industrial enterprises under prescribed conditions;

(xxv)  to enter into, carry out, vary or cancel contracts;

(xxvi) to receive and manage property transferred and grants, contributions made to the Institute and to invest any fund representing such property, grants. bequests, trusts, gifts, donations, endowments or contributions in such manner as it may deem fit;

(xxvii) to provide for the printing and publication of research and other works;

(xxviii) to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite or expedient in order to further the objectives of the Institute as a place of education, learning, and research; and

(xxix) to affiliate or disaffiliate other colleges, institutions, etc.

  1. Jurisdiction.–The jurisdiction of the Institute shall extend to the whole of Pakistan and abroad.
  2. Institute open to all classes, creeds, etc.–(1) The Institute shall be open to all persons of all genders and of whatever religion, race, creed, class, colour or domicile and no person shall be denied the privileges of the Institute on the grounds of religion, race, caste, creed, class, colour or domicile.

(2) An increase in any fee or charge that is in excess of ten percent per annum on an annualized basis from the last such increase may not be made except in special circumstances and only with the approval of the Chancellor.

(3) The Institute shall institute financial aid programs for students in need, to the extent considered feasible by the Senate given the resources available, so as to enable admission and access to the institute and the various opportunities provided by it to be based on merit rather than ability to pay:

  1. Teaching at the Institute.–(1) All recognized teaching in various courses shall be conducted by the Institute and the constituent colleges in the prescribed manner and may include lectures, tutorials, discussions, seminars, demonstrations and other methods of instruction as well as practical work in the laboratories, hospitals, workshops and other governmental or private organizations.

(2) The authority responsible for organizing recognized teaching shall be such as may be prescribed.

CHAPTER III

OFFICERS OF THE INSTITUTE

  1. Principal officers.–The following shall be the principal officers of the Institute, namely:–

(a)      Patron;

(b)      Chancellor;

(c)      Vice-chancellor;

(d)      Deans;

(e)      Principals of the constituent colleges;

(f)       Chairpersons of the teaching departments;

(g)      Registrar;

(h)      Treasurer;

(i)       Controller of Examinations; and

  1. j)such other persons as may be prescribed by statutes or regulations.
  2. Patron.–(1) The Federal Minister for Education and Professional Training shall be the Patron of the Institute.

(2) The Patron shall, when present, preside at the convocation of the Institute. In absence of the Patron, the Syndicate may request a person of eminence or the Chancellor to preside over the convocation of the Institute.

  1. Visitation.–(1) The Patron may, in accordance with the terms and procedures as may be prescribed, cause an inspection or inquiry to be made on his own motion or at the request of the Commission in respect of any matter connected with affairs of the Institute and shall, from time to time, direct any person or persons to inquire into or carry out inspection of–

(a)      the Institute, its building, laboratories, libraries and other facilities;

(b)      any institution, department or hostel maintained by the Institute;

(c)      the adequacy of financial and human resources;

(d)      the teaching, research, curriculum, examination and other matters of the Institute; and

(e)      such other matters as the Patron may specify.

(2) The Patron shall communicate his views to the Senate with regard to the result of visitation and shall, after ascertaining the views of the Senate, advise the Chancellor on the action to be taken by him.

(3) The Chancellor shall, within such time as may be specified by the Patron, communicate to him such action, if any, as has been taken or may be proposed to be taken upon the results of visitation.

(4) Where the Senate does not, within the time specified, take action to the satisfaction of the Patron, the Patron may issue such directions as he deems fit and the Senate shall comply with all such directions.

  1. Chancellor.–(1) There shall be a Chancellor of the Institute who through majority voting, be elected by the board of governors of the THMC Education System Private Limited incorporated under the company law.

(2) The members of the Senate, except the Chancellor, shall be appointed by the Chancellor from amongst the persons recommended by the Representation Committee set up for this purpose or the Search Committee established under this Act and the statutes, as the case may be.

(3) Every proposal to confer an honorary degree shall be subject to confirmation by the Chancellor.

(4) If the -Chancellor is satisfied that serious irregularity or mis­management with respect to affairs of the Institute has occurred, he may,–

(a)      as regards proceedings of the Senate, direct that specified proceedings be re-considered and appropriate action taken within one month of the direction having been issued:

Provided that if the Chancellor is satisfied that either no re-consideration has been carried out or that the re-consideration has failed to address the concern expressed, he may, after calling upon the Senate to show cause in writing, appoint a five-member Review Panel to examine and report to the Chancellor on the functioning of the Senate. The Review Panel shall be drawn from persons of eminence in academics and in the fields of law, accountancy or administration and the report of the Review Panel shall be submitted within such time as may be specified by the Chancellor, and

(b)      as regards proceedings of any Authority or with respect to matters within the competence of any Authority, other than the Senate, direct the Senate to exercise powers under this Act.

  1. Removal from the Senate.–(1) The Chancellor may, upon the recommendation of the Review Panel, remove any person from the membership of the Senate, excluding the Chancellor, on the ground that such person has-

(a)      by a medical board declared to be of un-sound mind;

(b)      by a competent Court of law declared as un-discharged insolvent;

(c)      been by a Court of law convicted for an offence involving moral turpitude;

(d)      absented himself from two consecutive meetings of the senate without just cause; or

(e)      been guilty of misconduct, including use of position for personal advantage of any kind or gross in-efficiency in the performance of his functions.

(2) The Chancellor shall remove any person from the membership of the Senate on a resolution calling for the removal of such person supported by at least three-fourths of the membership of the Senate:

Provided that before passing such resolution, the Senate shall provide the member concerned a fair hearing:

Provided further that the provisions of this section shall not be applicable to the Chancellor and Vice-Chancellor in his capacity as a member of the Senate.

  1. Vice-Chancellor.–(1) There shall be a Vice-Chancellor of the Institute who shall be an eminent academic or a distinguished administrator and shall be appointed on such terms and conditions as may be prescribed.

(2) The Vice-Chancellor shall be the chief executive officer of the Institute responsible for all administrative and academic functions of the Institute and for ensuring that the provisions of this Act. statutes, regulations and rules are faithfully observed in order to promote the general efficiency and good order of the Institute. The Vice-Chancellor shall have all powers prescribed for this purpose including administrative control over the officers, teachers and other employees of the Institute.

(3) The Vice-Chancellor shall, if present, be entitled to attend any meeting of any authority or body of the Institute.

(4) The Vice-Chancellor may, in an emergency that in his opinion requires immediate action ordinarily not in the competence of the Vice Chancellor, take such action and forward, within seventy-two hours, a report of the action taken to the members of the emergency committee of the Senate, to be set up by statutes. The emergency committee may direct such further action as is considered appropriate.

(5) The Vice-Chancellor shall also have the following powers, namely:-

(a)      to direct teachers, officers and other employees of the Institute to take up such assignments in connection with examination, administration and such other activities in the Institute as he may consider necessary for the purposes of the Institute;

(b)      to sanction by re-appropriation an amount not exceeding an amount prescribed by the Senate for an un-foreseen item not provided for in the budget and report it to the Senate at the next meeting;

(c)      to make appointments of such categories of employees of the Institute and in such manner as may be prescribed by statutes;

(d)      in accordance with prescribed procedure, to suspend. punish and remove, from service officers, teachers and other employees of the Institute except those appointed by or with approval of the Senate;

(e)      to delegate, subject to such conditions as may be prescribed, any of his powers under this Act to an officer or officers of the Institute; and

(f)       to exercise and perform such other powers and functions as may be prescribed.

(6) The Vice-Chancellor shall preside at the convocation of the Institute in absence of the Patron and the Chancellor.

(7) The Vice-Chancellor shall present an annual report before the Senate within three months of the close of the academic year. The annual report shall present such information as regards the academic year under review as may be prescribed, including disclosure of all relevant facts pertaining to-

(a)      academics;

(b)      research;

(c)      administration; and

(d)      finances

(8) The Vice-Chancellor’s annual report shall be made available, prior to its presentation before the Senate, to all officers and Institute teachers and shall be published in such numbers as are required to ensure its wide circulation.

  1. Appointment and removal of the Vice-Chancellor.–(1) subject to the provision of sub-section (2) of section II, the Vice-Chancellor shall be appointed by the Chancellor on the basis of recommendations made by the Senate.

(2) A search committee for the recommendation of persons suitable for appointment as Vice-Chancellor shall be constituted by the Senate on the date and in the manner prescribed by statutes and shall consist of two eminent members of society nominated by the Chancellor of whom one shall be appointed the convener, two members of the Senate, two distinguished Institute teachers who are not members of the Senate and one academic of eminence not employed by the Institute. The two distinguished Institute teachers shall be selected by the Senate through a process, to be prescribed by statutes, that provide for recommendation of suitable names by the Institute teachers in general. The search committee shall remain in existence till such time that appointment of the next Vice-Chancellor has been made by the Chancellor.

(3) The persons proposed by the Search Committee for appointment as Vice-Chancellor shall be considered by the Senate and of these a panel of three, in order of priority, shall be recommended by the Senate to the Chancellor:

Provided that the Chancellor may decline to appoint any of the three persons recommended and seek recommendation of a fresh panel. In the event of a fresh recommendation being sought by the Chancellor, the Search Committee shall make a proposal to the Senate in the prescribed manner.

(4) The Vice-Chancellor shall be appointed for a renewable tenure of five years on such terms and conditions as may be prescribed by statutes. The tenure of an incumbent Vice-Chancellor shall be renewed by the Chancellor on receipt of a resolution of the Senate in support of such renewal:

Provided that the Chancellor may call upon the Senate to re-consider such resolution once.

(5) The Senate may, pursuant to a resolution in this behalf passed by three-fourths of its membership, recommend to the Chancellor the removal of the Vice-Chancellor on the ground of in-efficiency, moral turpitude or physical or mental incapacity or gross misconduct, including misuse of position for personal advantage of any kind:

Provided that the Chancellor may make a reference to the Senate stating the instances of in-efficiency, moral turpitude or physical or mental incapacity or gross misconduct on the part of the Vice-Chancellor that have come to his notice. After consideration of the reference the Senate may, pursuant to a resolution in this behalf passed by two-thirds of its membership, recommend to the Chancellor the removal of the Vice-Chancellor:

Provided further that prior to a resolution for the removal of the Vice­Chancellor being voted upon the Vice-Chancellor shall be given an opportunity of being heard.

(6) A resolution recommending the removal of the Vice-Chancellor shall be submitted to the Chancellor forthwith. The Chancellor may accept the recommendation and order removal of the Vice-Chancellor or return the recommendation to the Senate.

(7) At any time when the office of the Vice-Chancellor is vacant, or the Vice-Chancellor is absent or is unable to perform the functions of his office due to illness or some other cause, the Senate shall make such arrangements for the performance of the duties of the Vice-Chancellor as it may deem fit.

  1. Registrar.–(1) There shall be a Registrar of the Institute to be appointed by the Senate on recommendation of the Vice-Chancellor, on such terms and conditions as may be prescribed.

(2) The experience as well as the professional and academic qualifications necessary for appointment to the post of the Registrar shall be as may be prescribed.

(3) The Registrar shall be a full time officer of the Institute and shall–

(a)      be the administrative head of the secretariat of the Institute and be responsible for the provision of secretariat support to the Authorities of the Institute;

(b)      be the custodian of the common seal and the academic records of the Institute;

(c)      maintain a register of registered graduates in the prescribed manner;

(d)      supervise the process of election, appointment or nomination of members to the various Authorities and other bodies in the prescribed manner, and

(e)      perform such other duties as may be prescribed.

(4) The term of office of the Registrar shall be a renewable period of three years:

Provided that the Senate may, on advice of the Vice-Chancellor, terminate the appointment of the Registrar on grounds of in-efficiency or misconduct in accordance with prescribed procedure.

  1. Treasurer.–(1) There shall be a Treasurer of the Institute to be appointed by the Senate on recommendation of the Vice-Chancellor, on such terms and conditions as may be prescribed.

(2) The experience and professional and academic qualifications necessary for appointment to the post of the Treasurer shall be as may be prescribed.

(3) The Treasurer shall be chief financial officer of the Institute and shall-

(a)      manage the assets, liabilities, receipts, expenditures, funds and investments of the Institute;

(b)      prepare annual and revised budget estimates of the Institute and present them to the Syndicate or a committee thereof for approval and incorporation in the budget to be presented to the Senate;

(c)      ensure that the funds of the Institute are expended on the purposes for which allocated;

(d)      have the accounts of the Institute audited annually so as to be available for submission to the Senate within six months of the close of the financial year; and

(e)      perform such other duties as may be prescribed.

(4) The term of office of the Treasurer shall be a renewable period of three years:

Provided that the Senate may, on advice of the Vice-Chancellor, terminate appointment of the Treasurer on grounds of in-efficiency or misconduct in accordance with prescribed procedure.

  1. Controller of Examinations.–(1) There shall be a Controller of Examinations, to be appointed by the Senate on recommendation of the Vice-Chancellor, on such terms and conditions as may be prescribed.

(2) The minimum qualifications necessary for appointment to the post of the Controller of Examinations shall be as may be prescribed.

(3) The Controller of Examinations shall be a full-time officer of the Institute and shall be responsible for all matters connected with the conduct of examinations and shall perform such other duties as may be prescribed.

(4) The Controller of Examinations shall be appointed for a renewable term of three years:

Provided that the Senate may, on advice of the Vice-Chancellor, terminate appointment of the Controller of Examinations on grounds of in-efficiency or misconduct in accordance with prescribed procedure.

CHAPTER-IV

AUTHORITIES OF THE INSTITUTE

  1. Authorities.–(1) The following shall be the Authorities of the Institute, namely:–

(a)      Authorities established under this Act shall be–

(i)       the Senate;

(ii)      the Syndicate; and

(iii)     the Academic Council; and

(b)      Authorities to be established by the statutes. shall be-

(i)       graduate and research management council;

(ii)      recruitment,. development, evaluation and promotion committees for teachers and other staff whether at the level of the department, the faculty or the Institute;

(iii)     career placement and internship committee of each faculty;

(iv)     Search Committee for the appointment of the Vice-Chancellor;

(v)      the Representation Committees for appointment to the Senate, Syndicate and the Academic Council;

(vi)     board of studies

(vii)    faculty council; and

(viii)   department council.

(2) The Senate, the Syndicate and the Academic Council may set up such other committees or sub-committees, by whatever name described, as are considered desirable through statutes or regulations as the case may be. Such committees or sub-committees shall be Authorities of the Institute for the purposes of this Act.

  1. Senate.–(1) The body responsible for the governance of the Institute shall be described as the Senate and shall consist of the following. namely:-

(a)      the Chancellor who shall be the Chairperson of the Senate;

(b)      the Vice-Chancellor;

(c)      one member of the Government not below the rank of Additional Secretary from the Division allocated with business of education or any other department relevant to the special focus of the Institute; and

(d)      four persons from society at large being persons of distinction in the fields of administration, management, education,. academics, law, accountancy, medicine, fine arts, architecture, agriculture, science, technology or engineering such that the appointment of these persons reflects a balance across the various fields:

Provided that the special focus of the Institute, to be declared in the manner prescribed, may be reflected in the number of persons of distinction in an area of expertise relevant to the Institute who are appointed to the Senate;

(e)      one person from amongst the alumni of the Institute;

(f)       two persons from the academic community of tile country, other than an employee of the Institute, at the level of professor or principal of a college;

(g)      four Institute teachers; and

(h)      one person nominated by the Commission.

(2) The numbers of the members of the Senate described against clauses (e) to (h) of sub-section (1) may be increased by the Senate through statutes subject to the condition that the total membership of the Senate does not exceed twenty one, with a maximum of five Institute teachers, and the increase is balanced, to the extent possible, across the different categories specified in sub-section (1).

(3) Subject to the provision of sub-section (1) of Section 11, all appointments to the Senate shall be made by the Chancellor. Appointments of persons described in clauses and of sub-section (1) shall be made from amongst a panel of three names for each vacancy recommended by the representation committee set up in terms of Section 26 and in accordance with procedure as may be prescribed:

Provided that effort shall be made, without compromising on quality or qualification, to give fair representation to women on the Senate:

Provided further that as regards the Institute teachers described in clause (g) of sub-section (1) the Senate shall prescribe a procedure for appointment on the basis of elections that provide for voting by the various categories of Institute teachers:

Provided also that the Senate may alternatively prescribe that appointment of Institute Teachers to the Senate shall also be in the manner prescribed for the persons described in clauses (e) to (f) of sub-section (1).

(4) Members of the Senate, other than ex-officio members, shall hold office for three years. One-third of the members, other than ex-office members, of the first re-structured Senate, to be determined by lot, shall retire from office on the expiration of one year from the date of appointment by the Chancellor. One-half of the remaining members, other than ex-officio members, of the first re-structured Senate, to be determined by lot, shall retire from office on the expiration of two years from the date of appointment and the remaining one-half, other than ex-officio members, shall retire from office on the expiration of the third year:

Provided that no person, other than an ex-officio member, may serve on the Senate for more than two consecutive terms:

Provided further that the Institute teachers appointed to the Senate shall not serve for two consecutive terms.

(5) The Senate shall meet at least twice in a calendar year.

(6) Service on the Senate shall be on honorary basis:

Provided that actual expenses may be re-imbursed as may be prescribed.

(7) The Registrar shall be the secretary of the Senate.

(8) In the absence of the Chancellor, meetings of the Senate shall be presided over by such member, not being an employee of the Institute or of the Government, as the Chancellor may, from time to time, nominate. The member so nominated shall be the convener of the Senate.

(9) Unless otherwise prescribed by this Act, all decisions of the Senate shall be taken on the basis of the opinion of a majority of the members present. In the event of the members being evenly divided on any matter the person presiding over the meeting shall have a casting vote.

(10) The quorum for a meeting of the Senate shall be two-thirds of its membership, a fraction being counted as one.

(11) First Senate shall be constituted by the Patron on recommendation of the board of governor of the THMC education system (Private) limited.

  1. Powers and functions of the Senate.–(1) The Senate shall have the power of general supervision over the Institute and shall hold the Vice-Chancellor and the Authorities accountable for all functions of the Institute. The Senate shall have all powers of the Institute not expressly vested in an Authority or officer by this Act, that are necessary for performance of its functions.

(2) Without prejudice to the generality of the foregoing powers, the Senate shall have the following powers, namely:-

(a)      to approve the proposed annual plan of work, the annual and revised budgets, the annual report and the annual statement of accounts;

(b)      to hold, control and lay down policy for administration of the property, funds and investments of the Institute, including the approval of the sale and purchase or acquisition of immovable property;

(c)      to oversee the quality and relevance of the Institute’s academic programmes and to review the academic affairs of the Institute in general;

(d)      to approve the appointment of the Deans, Professors, Associate Professors, Assistant Professors and such other senior faculty and senior administrators as may be prescribed;

(e)      to institute schemes, directions and guidelines for the terms and conditions of appointment of all officers, teachers and other employees of the Institute;

(f)       to approve strategic plans;

(g)      to approve financial resource development plans of the Institute;

(h)      to consider the drafts of statutes and regulations proposed by the syndicate and the Academic Council respectively and deal with them in the manner as provided for in Sections 28 and 29, as the case may be:

Provided that the senate may frame a statute or regulation on its own initiative and approve it after calling for the advice of the syndicate or the academic council as the case may be;

(i)       to annul by order in writing the proceedings of any Authority or officer if the Senate, is satisfied that such proceedings are not in accordance with the provisions of this Act, statutes or regulations after calling upon such Authority or officer to show cause why such proceedings should not be annulled;

(j)       to recommend to the Chancellor removal of any member of the Senate in accordance with the provisions of this Act;

(k)      to make appointment of members of the Syndicate, other then ex-office members, in accordance with the provisions of this Act;

(l)       to make appointment of members of the Academic Council, other than ex-officio members, in accordance with the provisions of this Ac

(m)     to appoint emeritus Professors on such terms and conditions as may be prescribed;

(n)      to remove any person from the membership of any Authority if such person–

(i)       has become of un-sound mind; or

(ii)      has been declared by a competent of Court of law to be an un-discharged insolvent; or

(iii)     has been convicted by a Court of law for an offence involving moral turpitude; and

(o)      to determine the form, provide for the custody and regulate the use of the common seal of the Institute.

(3) The Senate may, subject to the provisions of this Act, delegate all or any of the powers and functions of any Authority, officer or employee of the Institute at its main campus, to any Authority, committee, officer or employee at its additional campus for the purpose of exercising such powers and performing such functions in relation to such additional campus and for this purpose the Senate may create new posts or positions at the additional campus.

  1. Syndicate.–(1) There shall be a Syndicate of the Institute consisting of the following, namely:-

(a)      the Vice-Chancellor; who shall be its Chairperson;

(b)      the Deans of Faculties of the Institute;

(c)      three professors from different departments, who are not members of the Senate, to be elected by the Institute teachers in accordance with procedure to be prescribed by the Senate;

(d)      principals of the constituent colleges;

(e)      the Registrar;

(f)       the Treasurer; and

(g)      the Controller of Examinations.

(2) Members of the Syndicate, other than ex-officio members, shall hold office for a term of three years.

(3) As regards the three professors described in clause (c) of sub-section (1), the Senate may, as an alternative to elections, prescribe a procedure for proposal of a panel of names by the Representation Committee setup in terms of Section 25. Appointment of persons proposed by the Representation Committee may be made by the Senate on the recommendation of the Vice-Chancellor.

(4) The quorum for a meeting of the Syndicate shall be one-half of the total number of members, a fraction being counted as one.

(5) The Syndicate shall meet at least once in each quarter of the year.

(6) First Syndicate shall be constituted by the Patron on recommendation of the board of governors of the THMC education system (Private) limited.

  1. Powers and duties of the Syndicate.–(1) The Syndicate shall be the executive body of the Institute and shall, subject to the provisions of this Act and statutes, exercise general supervision ever the affairs and management of the Institute.

(2) Without prejudice to the generality of the foregoing powers, and subject to the provisions of this Act, statutes and directions of the Senate, the Syndicate shall have the following powers, namely:–

(a)      to consider the annual report, the annual and revised budget estimates and to submit these to the Senate;

(b)      to transfer and accept transfer of movable property on behalf of the Institute;

(c)      to enter into, vary, carry out and cancel contracts on behalf of the Institute;

(d)      to cause proper books of account to be kept for all sums of money received and expended by the Institute and for the assets and liabilities of the Institute;

(e)      to invest any money belonging to the Institute including any un-applied income in any of the securities described in Section 20 of the Trusts Act, 1882 (Act II of 1882), or in the purchase of immovable property or in such other manner, as it may prescribe, with the like power of varying such investments;

(f)       to receive and manage any property transferred, and grants, bequests, trust, gifts, donations, endowments and other contributions made to the Institute;

(g)      to administer any funds placed at the disposal of the Institute for specified purposes;

(h)      to provide the buildings, libraries, premises, furniture, apparatus, equipment and other means required for carrying out the work of the Institute;

(i)       to establish and maintain halls of residence and hostels or approve or license hostels or lodgings for the residence of students;

(j)       to recommend to the senate admission of educational institutions to the privileges of the Institute and withdraw such privileges;

(k)      to arrange for the inspection of colleges and the departments;

(l)       to establish professorships, associate professorships, assistant professorships, lectureships, and other teaching posts or to create suspend or abolish such posts;

(m)     to create, up-grade, down-grade, suspend or abolish such administrative or other posts as may be necessary;

(n)      to prescribe the duties of officers, teachers and other employees of the Institute;

(o)      to report to the senate on matters with respect to which it has been asked to report;

(p)      to appoint members to various Authorities in accordance with the provisions of this Act;

(q)      to propose drafts of Statutes for submission to the senate;

(r)      to regulate the conduct and discipline of the students of the Institute;

(s)      to take actions necessary for the good administration of the Institute in general and to this end exercise such powers as are necessary;

(t)      to delegate any of its powers to any Authority or officer or a committee; and

(u)      to perform such other functions as have been assigned to it by the provisions of this Act or may be assigned to it by the statutes.

  1. Academic Council.–(1) There shall be an Academic Council of the Institute consisting of the following, namely:–

(a)      the Vice-Chancellor, who shall be its Chairperson;

(b)      the Deans of Faculties and such heads of departments as may be prescribed;

(c)      five members representing the departments, institutes and the constituent colleges to be elected in the manner prescribed by the Senate;

(d)      five Professors including emeritus Professors;

(e)      the Registrar;

(f)       the Controller of Examinations; and

(g)      the Librarian.

(2) The senate shall appoint the members of the Academic Council, other than the ex-officio and the elected members, on the recommendation of the Vice-Chancellor;

Provided that as regards the five professors and the members representing the departments. institutes and the constituent colleges the Senate may, as an alternative to elections, prescribe a procedure for proposal of a panel of names by the Representation Committee set up in terms of Section 25. Appointment of persons proposed by the Representation Committee may be made by the Senate on the recommendation of the Vice-Chancellor.

(3) Members of the Academic Council shall hold office for three years.

(4) The Academic Council shall meet at least once in each quarter.

(5) The quorum for meetings of the Academic Council shall be one­half of the total number of members, a fraction being counted as one.

  1. Power and functions of the Academic Council.–(1) The Academic Council shall be the principal academic body of the Institute and shall, subject to the provisions of the statutes and the rules. have the power to lay down proper standards of instruction, research and examinations and to regulate and promote the academic life of the Institute and the constituent colleges.

(2) Without prejudice to the generality of the -foregoing powers, and subject to the provisions of this Act and the statutes, the Academic Council shall have the power to-

(a)      approve the policies and procedures pertaining to the quality of academic programs;

(b)      approve academic programs including online, distance learning and others;

(c)      approve the policies and procedures pertaining to student related function including admissions, expulsions, punishments. examinations and certification;

(d)      approve the policies and procedures assuring quality of teaching and research;

(e)      propose to the Syndicate schemes for the constitution and organization of Faculties, teaching departments and boards of studies;

(f)       appoint paper setters and examiners for all examinations of the Institute after receiving panels of names from the relevant authorities;

(g)      establish programmers for the continued professional development of Institute teachers at all levels;

(h)      recognizer the examinations of other universities or examining bodies as equivalent to the corresponding examinations of the Institute;

(i)       regulate the award of studentships, scholarships, exhibitions, medals and prizes;

(j)       frame regulations for submission to the senate;

(k)      prepare an annual report on the academic performance of the Institute; and

(l)       perform such functions as may be prescribed by Regulations.

  1. Representation Committees.–(1) there shall be a Representation Committee constituted by the Senate through statutes for recommendation of persons for appointment to the Senate in accordance with the prov1sions of this Act.

(2) There shall also be a Representation Committee constituted by the Senate through statutes for the recommendation of persons for appointment to the Syndicate and the Academic Council in accordance with the provisions of this Act.

(3) Members of the Representation Committee for appointment to the Senate shall consist of the following, namely:–

(a)      three members of the Senate who are not Institute teachers;

(b)      two persons nominated by the Institute teachers from amongst themselves in the manner prescribed;

(c)      one person from the academic community, not employed by the Institute, at the level of professor or college principal to be nominated by the Institute teachers in the manner prescribed; and

(d)      one eminent citizen with experience in administration, philanthropy, development work, law or accountancy to be nominated by the Senate.

(4) The Representation Committee for appointment to the Syndicate and the Academic Council shall consist of the following, namely:-

(a)      two members of the Senate who are not Institute teachers; and

(b)      three persons nominated by the Institute teachers from amongst themselves in the manner prescribed.

(5) The tenure of the Representation Committees shall be three years:

Provided that no member shall serve for more than two consecutive terms.

(6) The procedures of the Representation Committees shall be as may be prescribed.

(7) There may also be such other Representation Committees set up by any of the other Authorities of the Institute as are considered appropriate for recommending persons for appointment to the various Authorities and other bodies of the Institute.

  1. Appointment of committees by certain Authorities.–(1) The Senate, the Syndicate, the Academic Council and other Authorities may, from time to time, appoint such standing, special or advisory committees, as they may deem fit, and may place on such committee persons who are not members of the Authorities appointing the committees.

(2) The constitution, functions and powers of the Authorities for which no specific provision has been made in this Act shall be such as may be prescribed by statutes or regulations.

CHAPTER-V

STATUTES, REGULATIONS AND RULES

  1. Statutes.–(1) Subject to the provisions of this Act, statutes, to be published in the official Gazette, may be made to regulate or prescribe all or any of the following matters, namely:-

(a)      the contents of and the manner in which the annual report to be presented by the Vice-Chancellor before the senate shall be prepared;

(b)      the Institute fees and other charges

(c)      the constitution of any pension, insurance, gratuity, provident fund and benevolent fund for Institute employees;

(d)      the scales of pay and other terms and conditions of service of officers, teachers and other Institute employees;

(e)      the maintenance of the register of registered graduates;

(f)       admission of educational institutions to the privileges of the Institute and the withdrawal of such privileges;

(g)      the establishment of Faculties, departments, institutes, colleges and other academic divisions;

(h)      the powers and duties of officers and teachers;

(i)       conditions under which the Institute may enter into arrangements with other institutions or with public bodies for purposes of research and advisory services;

(j)       conditions for appointment of emeritus professors and award of honorary degrees;

(k)      efficiency and discipline of institute employees;

(l)       the constitution and procedure to be followed by representation committees in carrying out functions in terms of this Act;

(m)     the constitution and procedure to be followed by the Search Committee for appointment of the Vice-Chancellor;

(n)      constitution, functions and powers of authorities of the Institute; and

(o)      all other matters which by this Act are to be or may be prescribed or regulated by statutes.

(2) The draft of statutes shall be proposed by the Syndicate to the Senate which may approve or pass with such modifications as the Senate may think fit or may refer back to the Syndicate, as the case may be, for re-consideration of the proposed draft:

Provided that the Senate may initiate Statutes with respect to any matter in its power or with respect to which statutes may be framed in terms of this Act and approve such statutes after seeking the views of the Syndicate.

  1. Regulations.–(1) Subject to the provisions of this Act and the statues, the Academic Council may make regulations, for all or any of the following matters, namely:-

(a)      the courses of study for degrees, diplomas and certificates of the Institute;

(b)      the manner in which the teaching referred to in subsection (1) of Section 7 shall be organized and conducted;

(c)      the admission and expulsion of students to and from the Institute;

(d)      the conditions under which students shall be admitted to the courses and the examinations of the Institute and shall become eligible for the award of degrees, diplomas and certificates;

(e)      the conduct of examinations;

(f)       conditions under which a person may carry on independent research to entitle him to a degree;

(g)      the institution of fellowships, scholarships, exhibitions, medals and prizes;

(h)      the use of the Library;

(i)       the formation of faculties, departments and board of studies; and

(j)       all other matters which by this Act or the statutes are to be or may be prescribed by regulations.

(2) Regulations shall be proposed by the Academic Council and shall be submitted to the Senate which may approve them or withhold approval or refer them back to the Academic Council for reconsideration. A Regulations proposed by the Academic Council shall not be effective unless it receives the approval of the Senate.

(3) Regulations regarding or incidental to matters contained in sub-clauses (g) and (i) of sub-section (1) shall not be submitted to the Senate without the prior approval of the Syndicate.

  1. Amendmentand repeal of statutes andregulations.–The procedure for adding to, amending or repealing the statutes, regulations and rules shall be same as that prescribed respectively for framing or making statutes, regulations and rules.
  2. Rules.–(1) The Authorities and other bodies of the Institute may make rules, consistent with this Act, statutes or the regulations, made thereunder to regulate any matter relating to the affairs of the Institute which has not been provided for by this Act or that is not required to be regulated by statutes or regulations, including rules to regulate the conduct of business and the time and place of meetings and related matters.

(2) Rules shall become effective upon approval by the Syndicate.

  1. First statutes and regulations.–Notwithstanding anything to the contrary contained in this Act, the Chancellor shall make the first statutes and regulations which shall be deemed to be the statutes and regulations framed under Sections 27 and 28 respectively and shall continue to remain in force until amended or replaced or till such time new statutes and regulations are framed in accordance with the provisions of this Act.

CHAPTER-VI

INSTITUTE FUND

  1. Institute fund.–The Institute shall have a fund to which shall be credited its income from fees, charges, donations, trusts, bequests, endowments, contributions, grants and all other sources.
  2. Audits and accounts.–(1) The accounts of the Institute shall be maintained in such form and in such manner as may be prescribed.

(2) The teaching departments, constituent colleges or institutes and all other bodies designated as such by the Syndicate in terms of statutes shall be independent cost centres of the Institute with authority vested in the head of each cost centre to sanction expenditure out of the budget allocated to it:

Provided that re-appropriation from one head of expenditure to another may be made by the head of a cost centre in accordance with and to the extent prescribed by the statutes.

(3) All funds generated by a teaching department, constituent college or other unit of the Institute through Consultancy, research or other provision of service shall be made available without prejudice to the budgetary allocation otherwise made, after deduction of overheads in the manner and to the extent prescribed by Statute, to the teaching department, constituent college or other unit for its development. A part of the funds so generated may be shared with the Institute teachers or researchers in charge of the consultancy, research or service concerned in the manner and to the extent prescribed by statute.

(4) No expenditure shall be made from the funds of the institute, unless a bill for its payments has been issued by the head of the cost centre concerned in accordance with the relevant statutes and the Treasurer has verified that the payment is provided for in the approved budget of the cost center, subject to the authority to re-appropriate funds available to the head of the cost center.

(5) Provision shall be made for an internal audit of the finances of the Institute.

(6) Without prejudice to the requirement of audit by an auditor appointed by Government in accordance with the provisions of any other law in force, the annual audited statement of accounts of the Institute shall be prepared in conformity with the generally accepted accounting principles (GAAP) by a reputed firm of chartered accountants and signed by the Treasurer. The annual audited statement of accounts so prepared shall be submitted to the Auditor-General of Pakistan for his observations.

(7) The observations of the Auditor General of Pakistan, if any, together with such annotations as the Treasurer may make, shall be considered by the Syndicate and shall be placed before the Senate within six months of closing office financial year.

CHAPTER-VII

GENERAL PROVISIONS

  1. Opportunity to show-cause.–Except as otherwise provided by this Act, no officer, teacher or other employee of the Institute holding a permanent post shall be reduced in rank or removed or compulsorily retired from service for cause arising out of any act or omission on the part of the person concerned unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken.
  2. Appeal to the Syndicate and the Senate.–Where an order is passed punishing any officer (other than the Chancellor and Vice-Chancellor), teacher or other employee of the Institute or altering or interpreting to his dis-advantage the prescribed terms or conditions of his service, he shall where the order is passed by any officer or teacher of the Institute other than the Chancellor and Vice-Chancellor, have the right to appeal to the Syndicate against the order and where the order is passed by the Chancellor or Vice-Chancellor, have the right to appeal to the Senate.
  3. Benefits and insurance.–(1) The Institute shall constitute for the benefit of its officers, teachers and other employees schemes, as may be prescribed, for the provision of post-employment benefits as well as health and life insurance while in service.

(2) Where any provident fund has been constituted under this Act, the provisions of the Provident Funds Act, 1925 (XIX of 1925), shall apply to such funds as if it were the Government provident fund.

  1. Removal of difficulties.–(1) If any question arises as to the interpretation of any of the provisions of this Act, it shall be placed before the Patron whose decision thereon shall be final.

(2) If any difficulty arises in giving effect to any of the provisions of this Act, the Chancellor may make such order after obtaining the views of the Senate, not inconsistent with the provisions of this Act, as may appear to him to be necessary for removing the difficulty.

(3) Where this Act makes any provision for anything to be done but no provision or no sufficient provision has been made as respects the authority by whom, or the time at which. or the manner in which it shall be done, then it shall be done by such authority, at such time, or in such manner as the Patron may direct after obtaining the views of the senate.

  1. Indemnity.–No suit or legal proceedings shall lie against the Institute or any Authority, officer or employee of the Institute or any person in respect of anything which is done or deemed to have been done in good faith under this Act.

————————–

ACT NO. VI OF 2023

GLOBAL CHANGE IMPACT STUDIES CENTRE (AMENDMENT) ACT, 2023

An Act to amend the Global Change Impact Studies Centre Act, 2013

[Gazette of Pakistan, Extraordinary, Part-I, 21st January, 2023]

No. F. 22(53)/2019-Legis., dated 19.1.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 18th January, 2023 is hereby published for general information:-

WHEREAS it is expedient to amend the Global Change Impact Studies Centre Act, 2013 (XVII of 2013) for the purposes hereinafter appearing;

It is hereby enacted as follows:–

  1. Short title and commencement.–(1) This Act may be called the Global Change Impact Studies Centre (Amendment) Act, 2023.

(2) It shall come into force at once.

  1. General amendment, Act XVII of 2013.–In the Global Change Impact Studies Centre Act, 2013 (XVII of 2013), hereinafter referred to as the said Act, for the words “Global Change”, wherever occurring, the words “Global Climate-Change” shall be substituted.
  2. Amendment of Section 5, Act XVII of 2013.–In the said Act, in Section 5,–

(a)      In sub-section (3),–

(i)       in the rider clause, for the words “Federal Government”, the words “Prime Minister” shall be substituted:

(ii)      for clause (c), the following shall be substituted namely:–

“(c)    Secretary of the Division to which business of science and technology stands allocated Member”;

(iii)     for clause (d), the following shall be substituted, namely:–

“(d)   Secretaries of the Divisions to which business of water resources and energy stands allocated Member”;

(iv)     for clause (f), the following shall be substituted, namely:–

“(f)    Secretary of the Division to which business of industries and production stands allocated Member”;

(v)      after clause (h), the following new clauses shall be inserted, namely:–

“(ha)  Chairman, National Disaster Management Authority Member
(hb)   Chairman, Higher Education Commission Member
(hc) Secretary, Foreign Affairs Division Member”;

(vi)     in clause (i), after the words “Technical Expert”, the words “or scientist”‘ shall be inserted; and

(vii)    in clause (k), after the word “Sector”, the words “and two form civil society” shall be added;

(b)      in sub-section (6), for the words “Federal Government”, the words “Prime Minister” shall be substituted and for the word “it” the word “he” shall be substituted.

  1. Amendment of Section 6, Act XVII of 2013.–In the said Act, in Section 6, clause (b),–

(a)      in sub-clause (v), the words “rules for training and lay down” and the word “and”, occurring at the end, shall be omitted;

(b)      in clause (vi), for the words “Federal Government”, the words “Prime Minister” shall be substituted and for full stop at the end, a semicolon shall be substituted and thereafter the following new clauses shall be added, namely:-

“(vii)   where necessary to establish committees and sub-committees;

(viii)   as it may deem fit, to confer prizes, honors or awards for meritorious behavior;

(ix)     where necessary and under guidance of the administrative Division, to cooperate with international entities; and

 

(x)      to undertake any other actions needed to achieve objectives of this Act.”.

  1. Amendment of Section 7, Act XVII of 2013.–In the said Act, in Section 7, for the words “Federal Government”, wherever occurring, the words “Prime Minister” shall be substituted.
  2. Amendment of Section 9, Act XVII of 2013.–In the said Act, in Section 9, in sub-section (2),–

(a)      in clause (e), the word “and” shall be omitted; and

(b)      in clause (f), for full stop at the end, a semicolon and the word “and” shall be substituted and thereafter the following new clause (g) shall be added, namely:–

“(g)     oversee and guide the research agenda.”.

———————-

ACT NO. VII OF 2023

STATE-OWNED ENTERPRISES (GOVERNANCE AND OPERATIONS) ACT, 2023

An Act to provide for governance and operation of the management and financial efficiency of state-owned enterprises owned and controlled by the Federal Government

[Gazette of Pakistan, Extraordinary, Part-I, 2nd February 2023]

No. F. 22(21)/2021-Legis., dated 31.1.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 30th January, 2023 is hereby published for general information:-

WHEREAS, the Federal Government owns and controls a number of state­owned enterprises established under the various laws of Pakistan;

AND WHEREAS, the governance and operation of these enterprises if not made effectively or appropriately affects the quality of service delivery by the State as well as the fiscal discipline of the State;

AND WHEREAS, it is expedient to specify principles governing the operation of state-owned enterprises to authorise the formation of state owned-enterprises for carrying on certain Federal Government activities and to control the ownership thereof and to establish requirements about the governance and accountability of state-owned enterprises and for matters connected therewith and ancialiry thereto;

It is hereby enacted as follows:

CHAPTER-I

GENERAL

  1. Short title and commencement.–(1) This Act shall be called the State-Owned Enterprises (Governance and Operations) Act, 2023.

(2) It shall come into force at once.

  1. Definitions.–In this Act, unless there is anything repugnant in the subject or context,–

(a)      “articles” means the articles of association of a company;

(b)      “board” means–

(i)       in the case of a company, the board of directors of the company; and

(ii)      in the case of a statutory state-owned enterprise, the governing body empowered to oversee or manage the affairs of such statutory body or enterprise.

(c)      “chief executive officer” means–

(i)       in the case of a company, the chief executive officer of the company, by whatever name called; and

(ii)      in the case of a -statutory state-owned enterprise, the person empowered to undertake the functions of the chief executive officer, by whatever name called under the relevant law.

(d)      “controlled by the Government” means–

(i)       in the case of a company, if the Federal Government directly or indirectly has the right to appoint a majority of directors or control over management or policy decisions, exercisable by a person individually or through any person acting in concert, directly or indirectly, whether by virtue of Federal Government shareholding, management right, shareholders agreement, voting agreement or otherwise;

(ii)      in the case of an entity created by an Act of the Majlis-e-Shoora, if the Federal Government bas the power to appoint a majority of the persons who are directors of that entity or otherwise has the power to determine the outcome of decisions about the entity’s management or financial and operating policies.

(e)      “commercial state-owned enterprise” means–

(i)       a state-owned enterprise established under the Companies Act, 2017 (X1X of 2017) other than companies licensed under Section 42 thereof; or

(ii)      a state-owned enterprise that generates the majority of its revenue from the sale of goods or services or a combination of goods and services on a commercial basis.

(f)       “company” means a company incorporated under the Companies Act, 2017 (XIX of 2017) which is a state-owned enterprise;

(g)      “director” means–

(i)       in the case of a company, a director appointed under the Companies Act, 2017 (XIX of 2017); and

(ii)      in the case of a statutory state-owned enterprise, a member of the governing body designated under the applicable law.

(h)      “nominee director” means–

(i)       a director who represents the Federal or Provincial Government; and

(ii)      a director who representats another state-owned enterprise.

(i)       “independent director” means a director who is not an ex-officio director and is not disqualified under Section 11;

(j)       “owned by the Federal Government” means–

(i)       in the case of a company, an entity in which the Federal Government directly or indirectly holds fifty percent or more shareholding; and

(ii)      in the case of a statutory state owned enterprise, an entity which has been established through an Act of the Majlis-e-Shoora.

(k)      “prescribed” means prescribed by rules made under this Act;

(l)       “public service obligation” means the specified service or activity referred to in a public service obligation agreement;

(m)     “public service obligation agreement” means an agreement referred to in Schedule-II between the Federal Government and a commercial state-owned enterprise for the undertaking of a public service obligation by the commercial state-owned enterprise;

(n)      “Schedule” means Schedule made under this Act;

(o)      “state-owned enterprise” means a corporate body falling within the scope of Section 2; and

(p)      “statutory state-owned enterprise” means a state-owned enterprise established under an Act of Parliament.

  1. Scope and application.–(1) Notwithstanding anything contained in any other law for the time being in force, this Act shall have application to all public sector companies as defined in sub-section (54) of Section 2 of the Companies Act, 2017 (XIX of 2017) and other corporate bodies which are owned and controlled by the Federal Government including those established under special enactments but shall not apply to–

(a)      regulatory bodies which are empowered to issue licences, grant tariffs or undertake investigations and inquiries with regard to non-compliance of their statutory functions and powers;

(b)      subject to sub-section (2), enterprises providing health and educational services and facilities; and

(c)      subject to the criteria laid down in the state-owned enterprise ownership and management policy, any state-owned enterprise specifically excluded from the complete or partial application of this Act by the Federal Government for reasons to be recorded and by notification in the official Gazette, provided that such exclusion does not undermine the objectives and principles of this Act.

(2) The application of this Act may be extended by the Federal Government either completely or partly to any entity specified in Schedule-I, including without limitation to entities which the Federal Government does not have ownership in but exercises control thereon:

Provided that the Federal Government shall have the power to amend Schedule-I.

CHAPTER-2

STATE-OWNED ENTERPRISE MANAGEMENT
POLICY AND PRINCIPLES

  1. State-owned enterprise ownership and management policy.–(1) The Federal Government shall, at least once in every five years, prepare and prescribe a state-owned enterprise ownership and management policy for giving effect to the objectives of this Act, namely:–

(a)      that the shareholding responsibilities of the Federal Government with respect to its state owned enterprises are clarified;

(b)      that the Federal Government acts as an informed and active shareholder; and

(c)      that fiscal risks associated with state owned enterprises are effectively managed:

Provided that the first policy to be developed under this Act shall be notified no later than one year from the coming into effect of this Act:

Provided further that in the development of policies under this section, the Federal Government may seek input and assistance from the relevant stakeholders, including any regulatory body, as may be required.

(2) The policy referred to in sub-section (1), shall provide for, inter-alia

(a)      the criteria and rationale for ownership, retention and establishment of a state-owned enterprise by the Federal Government;

(b)      the role of the Federal Government in the governance of state­owned enterprises;

(c)      the manner and procedure for exercising the rights of the Federal Government as shareholder in state-owned enterprises, including, without limitation, matters enumerated in sub-section (2) of Section 29, subject to the principles laid down in this Act;

(d)      clarification of the respective roles and responsibilities of any Division of the Federal Government, under the Rules of Business, 1973, Boards and other stakeholders involved in the implementation of the Ownership Policy;

(e)      the role of and manner of operation of the central monitoring unit;

(f)       the form and procedure for management and use of the electronic state-owned enterprise database, including right of access by the public;

(g)      a framework for ensuring competitive neutrality of the State with respect to state owned enterprises;

(h)      a public sector obligation management framework;

(i)       process of monitoring and managing contingent liabilities of state-owned enterprises;

(j)       guidelines for board nominations committee while exercising its functions under Section 10, including with respect to diversity and adequacy of board composition;

(k)      the process for evaluating the performance of ex-officio and independent directors;

(l)       the cooling off period for the appointment of independent directors;

(m)     the manner of regulation of conflict of interest of directors, including procedures for identification and reporting of direct and indirect interests of directors and resolving any conflict of interest thereon;

(n)      the criteria for excluding a state owned enterprise from the ambit of clause (c) of sub-section (1) of Section 3; and

(o)      any other matter required to give effect to the provisions and objectives of this Act.

(3) The policy prescribed under this section shall clarify the manner of giving effect to the institutional arrangements whereby roles and responsibilities have been assigned under this Act, in particular and without limitation–

(a)      the manner in which the Board shall undertake its responsibilities with regard to–

(i)       development of a business plan and statement of corporate intent under Section 8, including without limitation the development of performance indicators and specific targets and the disclosure of public service obligations and target areas;

(ii)      appointment of chief executive officer under Section 18;

(iii)     ensuring the development of internal systems of control under Section 20;

(iv)     establishment of an audit committee under Section 21;

(v)      timely preparation and publication of the financial statement, annual report and half-yearly report under Sections 24 to 28;

(vi)     timely submission of information to the central monitoring unit under Section 32; and .

(vii)    ensuring the integrity of the information submitted to the central monitoring unit.

(b)      the manner in which the central monitoring unit shall undertake its functions with regard to–

(i)       maintaining an electronic database under Section 31;

(ii)      providing analysis under sub-section (2) of Section 31 to the Federal Government or its standing committee as the case maybe;

(iii)     issuing periodic reports to the Federal Government or its standing committee as the case may be, and making such reports public, under sub-section (3) of Section 31.

(c)      the manner in which the Federal Government shall undertake its functions with regard to–

(i)       prescription of the state-owned enterprise ownership and management policy under this section as well as other rules to be prescribed under Section 34;

(ii)      roles and procedure of the standing committee to be established under sub-section (1) of Section 33;

(iii)     the role of the Division to which the business of a state-owned enterprise has been allocated under the Rules of Business, 1973 with respect to–

(A)     co-ordinating compliance with this Act by the Board;

(B)     providing sectoral policy support and guidance to the state-owned enterprise to enable it to comply with its objectives under Section 7; and

(C)     providing sectoral policy support to the Federal Cabinet or its standing committee as the case may be with respect to the objectives of this Act.

(iv)     the role of the Federal Government or its standing committee as the case may be, regarding the exercise of shareholding rights, use of analysis and reports submitted by the central monitoring unit and the general oversight of the Boards under this Act.

  1. General principles.–The provisions of this Act, the state-owned enterprise management policy, and any rules made hereunder shall aim to further the following general principles, namely:–

(a)      the principle of prudent and efficient management according to which–

(i)       a commercial state-owned enterprise must operate on a commercial basis that is efficient and profitable; and

(ii)      a state-owned enterprise must operate efficiently and effectively.

(b)      the principle of measurable performance according to which a state­owned enterprise must identify its business goals;

(c)      the principle of responsible management according to which the management of a state-owned enterprise must be competent, honest and accountable;

(d)      the principle of transparent performance according to which a state-owned enterprise must report its performance fully, transparently and timeously;

(e)      the principle of monitored performance according to which a state-owned enterprise must be subject to rigorous monitoring and review;

(f)       the principle of competitive neutrality; and

(g)      the principle of protection of minority shareholders, according to which the Government and the state-owned enterprise must recognise the rights of all shareholders and ensure all shareholders are treated equitably and have equal access to corporate information and the ability to nominate directors in a manner commensurate with their shareholding interest.

CHAPTER-3

PRUDENT AND EFFICIENT MANAGEMENT

  1. Sound and prudent management.–(1) Every state-owned enterprise shall undertake its operations in accordance with the criteria for sound and prudent management, namely:–

(a)      the business of the state-owned enterprise is carried on with integrity, objectivity, due care and the professional skills appropriate to the nature and scale of its activities;

(b)      each independent director and chief executive officer, by whatever name called, of the state-owned enterprise complies with the prescribed fit and proper criteria;

(c)      the state-owned enterprise is directed and managed by a sufficient number of persons who are fit and proper persons to hold the positions which they hold; and

(d)      the state-owned enterprise maintains adequate accounting and other records of its business.

(2) Accounting and other records shall not be regarded as adequate for the purposes of this provision unless they–

(a)      enable the business of the state-owned enterprise to be prudently managed;

(b)      enable the state-owned enterprise to comply with the obligations imposed by this Act; and

(c)      comply with all professional standards and pronouncements of relevant professional bodies as applicable in Pakistan.

  1. Objectives of state-owned enterprises.–(1) The primary objective of a state-owned enterprise shall be to operate in an efficient manner, achieving the objectives contained in, and acting in accordance with their respective Acts or articles and memorandum of association, as the case may be.

(2) State-owned Enterprises, in undertaking their primary objectives, shall have regard, amongst other matters, to:–

(a)      the economic consequences of any decision in the long term;

(b)      the need to foster the state-owned enterprise’s business relationships with suppliers, customers and other stakeholders;

(c)      the impact of the state-owned enterprise’s operations on the community and the environment;

(d)      the importance of the state-owned enterprise maintaining a reputation for high standards of business conduct; and

(e)      the need to act fairly as between members of the state-owned enterprise.

(3) Notwithstanding anything contained in any other law for the time being in force, the primary objective of a commercial state-owned enterprise shall be to be generate sufficient revenues to cover their costs and be financially sustainable.

(4) The Federal Government shall not require a commercial state-owned enterprise to undertake a public service obligation which deviates from the primary objective except as specified in Schedule-II of this Act;

(5) Nothing in this section shall affect the validity or enforceability of any contract or other transaction entered into by a commercial state-owned enterprise.

CHAPTER-4

MEASURABLE PERFORMANCE

  1. Business plan.–(1) The Board of every state-owned enterprise shall, prior to the commencement of each financial year, adopt a business plan in respect of the following three financial years which shall contain information about the operations, strategic direction, and financial and non-financial performance measures of the state-owned enterprise and demonstrates how the state-owned enterprise shall achieve its primary objective:

Provided that the business plan must be effective on the first day of the first financial year to which it applies.

(2) If a state-owned enterprise bas one or more subsidiaries, the business plan must, for each subsidiary and for the group as a whole, include information about the operations, strategic direction and financial projections of the state-owned enterprise.

(3) The business plan of a state owned enterprise shall be prepared in consultation with the Division to which the business of the state-owned enterprise has been allocated under the Rules of Business, 1973 and the draft under consultation shall be simultaneously submitted to the Central Monitoring Unit and the adopted business plan shall be submitted to the Federal Government for information.

(4) The board of every state-owned enterprise shall at the start of each financial year, adopt and cause to have published a statement of corporate intent for the state-owned enterprise or the group comprising the state-owned enterprise and its subsidiaries (if any), in respect of that year and the following two financial years in the manner and form set out in Schedule-III.

CHAPTER-5

RESPONSIBLE MANAGEMENT

  1. Application of this Chapter.–This chapter shall apply to all boards of state-owned enterprises, notwithstanding anything contained in any other law for the time being in force.
  2. Board Nominations Committee.–(1) There shall be a Board Nominations Committee comprising–

(a)      the Minister in Charge to which the business of the state-owned enterprise bas been allocated under the Rules of Business, 1973, who shall also be the Chair of the Committee:

Provided that where the Minister in Charge is the Prime Minister, he may nominate another member of the Federal Government to be Chair of the Committee;

(b)      the Secretary of the Division to which the business of the state­owned enterprise has been allocated under the Rules of Business, 1973; and

(c)      the Secretary of the Finance Division or his nominee of at least BPS 21.

(2) The Board Nominations Committee shall be responsible for–

(a)      identifying and recommending candidates to the Federal Government for appointment as independent directors which the Federal Government is empowered to appoint to Boards; and

(b)      recommending ex-officio positions to be held by the relevant Division or public sector organization of the Federal Government, or where necessary, a Provincial Government.

(3) The procedure adopted by the Board Nominations Committee for performing its functions shall be notified and shall comply with the principles of merit, confidentiality, transparency, diversity and fairness, including, but not limited to–

(a)      advertisement in a newspaper(s) of wide circulation;

(b)      requesting applications by invitation;

(c)      appointing a head-hunting agency; or

(d)      identifying candidates from the databank of independent directors notified by the Securities and Exchange Commission of Pakistan under Section 166 of the Companies Act, 2017 (XIX of 2017).

(4) The Board Nominations Committee shall apply the prescribed fit and proper criteria while making nominations of persons for appointment as directors.

  1. Disqualification of independent directors.–The following persons shall not be appointed or continue to bold office as an independent director, namely:–

(a)      a person who is under eighteen years of age;

(b)      a person who is not a natural person;

(c)      a person who is an undischarged bankrupt in any jurisdiction;

(d)      a person who has been convicted of an offence in any jurisdiction;

(e)      a person who is prohibited under a statute or by order of Court from being a director or promoter of, or being concerned or taking part in the management of a corporation;

(f)       a person who is declared mentally unfit by a medical board constituted for this purpose;

(g)      a person who is in the service of Pakistan;

(h)      a member of the Majlis-e-Shoora or a Provincial Assembly;

(i)       a holder of a political office whether or not in a legislative role; or

(j)       an employee of a state-owned enterprise.

  1. Composition of the Board of a company.–(1) A Board of a company shall consist of independent directors,ex-officiodirectors and the chief executive officer of the company, with the requisite skills, competence, knowledge, experience and approach so that the Board as a group includes core competencies and diversity required to assist the company achieve its primary objective.

(2) The majority of the board shall consist of independent directors.

(3) No person shall be appointed or nominated as a director of more than five state-owned enterprises simultaneously, including their subsidiaries.

(4) An independent member shall not serve for more than nine years on a Board, and shall not be appointed to the same Board after two consecutive terms unless a period of three years bas lapsed.

  1. Term of office of directors.–(1) A director, once appointed shall hold office for the period specified under the applicable law, unless he resigns in writing or is removed earlier in accordance with the provisions of this Act.

(2) An independent director once appointed by the Federal Government shall not be removed unless it is established through an inquiry conducted in the prescribed manner that–

(a)      the director is found to be in non-compliance with the provisions of this Act, or the Companies Act 2017, (XIX of 2017), or any other applicable law;

(b)      the director fails to fulfil his duties and responsibilities under this Act;

(c)      the director is found to act in a manner detrimental to the successful management and operation of the state-owned enterprise; or

(d)      the director is found guilty of misconduct.

Explanation.–For the purpose of this clause, misconduct includes–

(i)       indulging in a competing professional or personal conflict of interests’ situation;

(ii)      using the funds, assets and resources of the state-owned enterprise without due diligence and care;

(iii)     failing to treat the colleagues and the staff of the state-owned enterprise with respect or using harassment in any form of physical or verbal abuse;

(iv)     making public statements relating to the business of the state­owned enterprise without authorization by the Board;

(v)      failing to comply with the state-owned enterprise’s code of conduct or conflict of interest requirements;

(v)      receiving gifts or other benefits from any sources external to the state-owned enterprise offered to him in connection with his duties on the Board; or

(vi)     abusing or misusing his official position to gain undue advantage or assuming financial or other obligations in private institutions or for persons which may cause embarrassment in the performance of official duties or functions.

  1. Defect or irregularity in appointment.–No act, proceeding or decision of the board shall be invalid by reason only of the existence of a vacancy in, or defect or irregularity in the Constitution of the board.
  2. Chairman of the board and the chief executive officer.–(1) No person can hold office as chairman and chief executive of a state-owned enterprise simultaneously, and the office of the chairman shall be separate and his responsibilities distinct, from those of the Chief Executive Officer.

(2) The chairman of the board shall be appointed by the Federal Government and shall be responsible for leading the board and ensuring its effective functioning and continuous development and shall not be involved in day to day operations of the state-owned enterprise.

(3) The Chief Executive Officer shall–

(a)      be responsible for the management of the state-owned enterprise and for its procedures in financial and other matters under delegation from the board and subject to the oversight and directions of the Board;

(b)      ensure the proper implementation of strategies and policies approved by the Board; and

(c)      putting in place appropriate arrangements to ensure that funds and resources are properly safeguarded and are used economically, efficiently and effectively and in accordance with the state-owned enterprise business plan, the primary objective and all statutory obligations.

  1. Fit and proper criteria.–(1) The fit and proper criteria shall be prescribed in Schedule-IV and shall apply to independent directors, the Chief Executive Officer, the company secretary and all other senior management officers, by whatever name called, of a state-owned enterprise.

(2) The requirement to comply with the fit and proper criteria under this Act shall be without prejudice to compliance with any other requirement for the fitness and propriety of directors or senior management officers issued under any special law, rules or regulations by a sector regulator or authority governing a specified sector.

CHAPTER-6

RESPONSIBILITIES, POWERS AND FUNCTIONS
OF THE BOARD

  1. Independence of the Board.–(1) The Board shall be given autonomy and independence in the discharge of its functions under this Act or any other applicable law in accordance with the adopted business plan and no administrative or standing instructions by any Division of the Federal Government shall be applicable to any state-owned enterprises unless prior approval of the Federal Government has been obtained and any such instructions already in field at the time of coming into effect of this Act shall require Federal Government ratification within a period of six months, failing which they shall be deemed to be rescinded.

(2) State-owned enterprises shall maintain independent procurement policies with the approval of the Federal Government, which comply with the Chartered Institute of Procurement and Supply’s Global Standards of Procurement and Supply and shall only be responsible for compliance of the provisions of the Public Procurement Regulatory Authority Ordinance, 2002 (XXII of 2002) to such extent as may be directed by the Federal Government:

Provided that untill the procurement policy of state-owned enterprise is prepared and approved by the Federal Government, the Public Procurement Regulatory Authority Ordinance 2002, (XXli of 2002) apply mutatis mutandis to it

  1. Appointment of the chief executive officer.–(1) The Board, in the case of a company, or the concerned authority in the case of a statutory state-owned enterprise shall appoint a chief executive officer to the state-owned enterprise under a performance based contract for a specified period, unless such period is already specified in the enactment governing a statutory state-owned enterprise:

Provided that the Board or the concerned authority shall bring their existing arrangements with the appointment of chief executive officers in line with this provision within one year of coming into effect of this law.

(2) The Board or the governing body in the case of statutory state-owned enterprises, by whatever name called, shall be responsible for ensuring the performance of the chief executive is monitored regularly against agreed performance measures and for the chief executive’s development and succession planning.

  1. Responsibility to the shareholders and the state-owned enterprise.–(1) The Board shall ensure its obligations to shareholders of the state-owned enterprise are fulfilled and they are duly informed in a timely manner of all material events through shareholder meetings and other communications as necessary.

(2) The Board shall develop and implement a code of conduct for the members of the Board, as well as the employees of the state-owned enterprise for the matters set out in Schedule-V of this Act, with a view to ensure the highest professional standards and corporate values are in place:

Provided that the code of conduct developed under this sub-section shall be effectively communicated within the state-owned enterprise together with supporting policies and procedures, including adequate systems and controls for the identification and redressal of grievances arising from unethical practices.

  1. Enforcement of systems of internal control.–The Board shall ensure the integrity of the systems of internal control and any person who is found liable for a deviation or violation from the company’s code of conduct or other systems of internal control shall be subject to disciplinary proceedings in accordance with the state-owned enterprise’s internal policies.
  2. Audit Committee.–(1) The Board of a state-owned enterprise shall establish an audit committee, whose members shall be financially literate and majority of them, including its chairman, shall be independent directors:

Provided that the Chairman of the Board and the Chief Executive Officer of the state-owned enterprise shall not be members of the audit committee.

(2) The audit committee shall be responsible for–

(a)      recommending to the Board the appointment of external auditors by the state-owned enterprise and shall consider any questions of resignation or removal of external auditors, audit fees and provision by external auditors of any service to the state-owned enterprise in addition to audit of its financial statements;

(b)      determination of appropriate measures to safeguard the state owned enterprise’s assets;

(c)      all reports and communications with external auditors;

(d)      review of half-yearly and annual financial statements of the state owned enterprise, prior to their approval by the Board;

(e)      ensuring coordination between the internal and external auditors of the state owned enterprise; and

(f)       investigating, where necessary on a confidential basis, any deviation from or violation of the company’s code of conduct or other systems of internal control.

  1. Board meetings.–(1)The Board of a company shall meet–

(a)      at least once in every two months; and

(b)      at other times that the board considers necessary for the efficient management of the business and affairs of the state-owned enterprise.

(2) Notwithstanding anything contained in any other law for the time being in force, decisions of the Board shall be taken by majority, however the following decisions shall require a decision by three-fourth majority, which shall include the vote of the nominee director representing the Federal or Provincial Government, namely–

(a)      appointment and removal of Chief Executive Officer of the state­owned enterprise;

(b)      approval of the statement of corporate intent and business plan;

(c)      proposals for sale of sizeable assets;

(d)      annual budget statement approval; and

(e)      sale of assets of the company.

(3) The Chairman of the Board shall in case of equal number of votes, have a casting vote.

  1. Indemnity.–No suit, prosecution or other legal proceedings shall lie against the directors, chief executive officer, or other employee of a state-owned enterprise if the liability arose out of an act or omission of the director, chief executive or employee and the act or omission was done in good faith and with due care.

CHAPTER-7

TRANSPARENT PERFORMANCE

  1. Financial transparency.–(1) The Board shall ensure that the state-owned enterprise along with its subsidiaries, must keep written financial records that–

(a)      correctly record and explain its transactions and financial position and performance;

(b)      enable financial statements to be prepared and audited in accordance with this Act;

(c)      clearly identify any transactions undertaken by the state-owned enterprise with any director or his close relatives, either directly or indirectly and comprising a pecuniary or non-pecuniary benefit through a company or other business established by such director; and

(d)      enable other reports required by this Act to be prepared.

(2) The records required by sub-section (1)–

(a)      shall be kept for at least ten years after the dates of the transactions to which they relate;

(b)      must be kept at the principal place of business or the registered office address of the state-owned enterprise; and

(c)      shall also be kept in electronic form if they are readily retrievable and convertible into hard copy form.

  1. Financial statements.–(1) The board of a state-owned enterprise must ensure there is prepared, for each financial year audited financial statements for the state owned enterprise as well as consolidated financial statements for the group consisting of the state-owned enterprise and its subsidiaries:

Provided that for the purposes of this section, a subsidiary shall not include a joint venture.

(2) The financial statements must be prepared in accordance with International Financial Reporting Standards and the financial statements together with the notes to them must include all information that is necessary to ensure that the financial statements give a true and fair view of the financial position of the state-owned enterprise and the group consisting of the state-owned enterprise and its subsidiaries:

Provided that where a state-owned enterprise is not following the International Financial Reporting Standards at the time of coming into effect of this Act, the Board shall ensure compliance with this provision within a period of three years from coming into effect of this Act.

(3) The financial statements must be accompanied by a declaration of the Board whether, in their opinion–

(a)      there are reasonable grounds for believing that the state-owned enterprise and its subsidiaries shall be able to pay their debts as they become due and payable; and

(b)      the financial statements and the notes to them comply with the requirements of this Act and international accounting standards.

  1. Annual report.–(1) A state-owned enterprise must submit to the Federal Government a report on its operations and its subsidiaries for the financial year to which it relates, not later than four months after the end of that financial year in the form prescribed in Schedule-VI.

(2) The annual report may omit information that the board of the state-owned enterprise reasonably considers is likely to materially prejudice the commercial interests of the state-owned enterprise or a subsidiary if disclosed.

(3) The Board shall submit a report to the Federal Government on the information omitted from the annual report under sub-section (2) and the reasons for such omission and such report shall be confidential.

  1. Publication of summary of annual report.–(1) A state-owned enterprise must arrange for publication of a summary of the annual report on an internet site maintained by the state-owned enterprise or, where the state-owned enterprise does not have a website, on the website of the Division to which the business of the state-owned enterprise is allocated under the Rules of Business, 1973, or in one or more newspapers generally circulating in Pakistan.

(2) The summary of the annual report must be published under sub-section (1) within one month after the report is submitted to the Federal Government and should compare the actual performance of the state-owned enterprise during the financial year to which the report relates with the targets or benchmarks set in its statement of corporate intent for that financial year.

  1. Half-yearly report.–(1) A state-owned enterprise must submit to the Federal Government a half-yearly report of the operations of the state-owned enterprise for the first half of the financial year to which it relates not later than two months after the end of the first half of that financial year.

(2) The half-yearly report must contain:

(a)      the half yearly financial reports of the state-owned enterprise;

(b)      a statement on the extent the state-owned enterprise and its subsidiaries have achieved the business goals specified in its statement of corporate intent for the financial year; and

(c)      include any other matter that the Federal Government may direct the state-owned enterprise to include.

CHAPTER-8

SHAREHOLDING RIGHTS OF THE FEDERAL GOVERNMENT

  1. Role of Federal Government.–(1) Subject to this Act, the Federal Government shall exercise all the powers and rights that shareholders have in relation to the state-owned enterprise under the law or the Constitution of the state-owned enterprise.

(2) The manner of exercise of shareholders rights with respect to the state-owned enterprise shall be prescribed in the state-owned enterprise ownership and management policy and shall include, without limitation–

(a)      the designation of the officers authorized to act as shareholder on behalf of the Federal Government at statutory meetings; and

(b)      any other matter necessary for the efficient exercise of shareholder rights by the Federal Government.

(3) The provisions of this section shall have overriding effect over any procedure to the contrary in any other applicable law.

  1. Disclosure by state-owned enterprise.–(1) The directors and senior management officers of a state-owned enterprise shall annually submit their assets and beneficially held investments and properties to the Board, and any changes thereon shall be reported to the Board within two weeks of such change, subject to such reasonable restrictions on making this information public as may be imposed by the Board in its conflict management policy.

(2) The Federal Government may direct a state-owned enterprise to disclose specified information or documents relating to the affairs of the state-owned enterprise or its subsidiary.

(3) The Federal Government must not direct the disclosure of information relating to an individual if the individual is identifiable from the information.

(4) Subject to the terms of a direction under this section, a state-owned enterprise may propose reasonable conditions to the Federal Government on making the information public disclosed under this section, including restrictions of its further disclosure.

CHAPTER-9

MONITORING PERFORMANCE

  1. Central monitoring unit.–(1) The Federal Government shall establish a central monitoring unit in the Finance Division which shall also maintain an electronic database of the financial and operational performance of state-owned enterprises and the following information in relation to state-owned enterprises, namely,–

(a)      statements of corporate intent;

(b)      business plans;

(c)      half-yearly and annual reports; and

(d)      any other information prescribed in the state-owned enterprise management policy.

(2) The central monitoring unit shall undertake analysis on the financial, commercial and operational performance of state-owned enterprises, and on the basis of such analysis, submit recommendations to the Federal Government on matters related to the performance and governance of state-owned enterprises, including–

(a)      the overall performance of state-owned enterprises;

(b)      performance of state-owned enterprises against their primary objectives, business goals, and performance targets and benchmarks;

(c)      investment in, loans to, and guarantees of state-owned enterprises;

(d)      the risks associated with the state-owned enterprise sector that could affect the State’s investment in state-owned enterprises;

(e)      proposals relating to major transactions by state-owned enterprises as and when required by the Federal Government;

(f)       best practice by state-owned enterprises for encouraging and enhancing efficiencies and service delivery, and for improving performance;

(g)      agreements for public service obligations as and when required by the Federal Government;

(h)      compliance under Section 32 by state-owned enterprises;

(i)       state-owned enterprise reform options as and when required by the Federal Government;

(j)       analysis of the content of the statements of corporate intent, business plans, annual reports and semi-annual reports; and

(k)      any other matter which the Federal Government may require.

(3) The central monitoring unit shall issue periodjc reports on the performance of the state-owned enterprises and matters listed in sub-section (2), which shall not be less than once every half year, in such form and manner as may be prescribed, and such reports shall be submitted to the Federal Government •

(4) The central monitoring unit shall publish a consolidated report on the performance of state-owned enterprises annually, with the approval of the Federal Government.

  1. Disclosures to the central monitoring unit.–(1) Every state-owned enterprise shall be required to submit information to the central monitoring unit as required under this Act:

Provided that if there is any change or error in the particulars already submitted to the state-owned enterprise monitoring unit, it shall be updated or corrected as the case may be, within fifteen days of such change or knowledge of error.

(2) The central monitoring unit may, by notice in writing to a state-owned enterprise, require a disclosure by the state-owned enterprise to enable the central monitoring unit to discharge its functions under this Act.

(3) A state-owned enterprise must comply with a notice under sub­section (2) within ten working days after receiving it.

CHAPTER-10

ENFORCEMENT

  1. Enforcement of this Act.–(1) The Federal Government shall establish a committee of the Federal Cabinet to monitor the implementation of this Act.

(2) The Division to which the business of a state-owned enterprise has been allocated under the Rules of Business, 1973 shall co-ordinate with the Board of such state-owned enterprise to monitor compliance with the provisions of this Act, including, without limitation, with respect to the development of the business plan, statements of corporate intent, the annual reports, timely establishment of systems of internal controls of the state-owned enterprise, appointment of the Chief Executive Officer, and reporting to the central monitoring unit.

(3) The Federal Government may carry out its functions and powers under this Act, except the power to make rules or to appoint independent directors, either directly through or by delegation to one or more of its Divisions or a body corporate which may be established by the Federal Government for this purpose by notification in the official gazette:

Provided that in case the Federal Government establishes a body corporate then the functions of the central monitoring unit shall also be undertaken by such body.

  1. Power to make rules.–(1) The Federal Government may, by notification in the official Gazette make rules to carry out the purposes under this Act.

(2) Without prejudice to the generality of the foregoing powers, such rules may provide for–

(a)      procedure for submission of various reports to the Federal Government and the manner of preparation of such reports;

(b)      legal validity, form, procedure and security of the electronic database maintained by the central monitoring unit; and

(c)      any other matter incidental or consequential.

(3) The power to make rules under this Act shall be subject to the condition of prior publication in a manner appropriate for inviting representations thereon by the public, and the Federal Government shall cause a report to be published on its website, setting out in general terms–

(a)      the representations made on the draft rules;

(b)      the response of the Federal Government to the representations; and

(c)      where the rules are made with modifications which in the opinion of the Federal Government result in the rules or regulations being significantly different from the draft, publish, in such manner as it considers appropriate, details of the difference.

  1. Power to issue directives, circulars, guidelines,
    etc.–
    The Federal Government shall have the power to issue such directives, codes, guidelines, circulars or notifications as are necessary to carry out the purposes under this Act and the rules made hereunder.

CHAPTER-11

MISCELLANEOUS

  1. Miscellaneous.–(1) Notwithstanding anything contained in any law for the time being in force, nothing in this Act, shall affect or be deemed to affect anything done or any action taken, or purported to have been taken by a state-owned enterprise, including under any rule, regulation, notification, order or notice made or issued, any approval, appointment or declaration made, any operation undertaken or direction given before the commencement of this Act.

(2) Subject to sub-section (1), any order, rule, notification, regulation, appointment, conveyance, deed, document or direction made, proceedings taken, instrument executed or issued or thing done by or in relation to a state-owned entity shall, if in force before the commencement of this Act, continue to be in force and shall have effect as if made, directed, passed, given, taken, executed, issued or done under or in pursuance of this Act, unless otherwise specifically withdrawn by an order of the concerned authority.

(3) Any person appointed to any office prior to the coming into force of this Act shall be deemed to have been appointed to that office under and by virtue of this Act and any condition or term of service or employment modified through this Act shall not have retrospective application or effect

(4) Within one year of the coming into effect of this Act, the Federal Government shall, in the case of any inconsistency, initiate legislation to bring the laws of statutory state-owned enterprises in conformity with the provisions of this Act.

  1. Removal of difficulty.–If any difficulty arises in giving effect to the provisions of this Act, Federal Government may make such order, not inconsistent with the provisions of this Act, as it may consider necessary for removal of such difficulty.

Schedule-I
Entities to Whom this Law is Extended

[See Section 3(2)]

Entity Applicable Provision
Pakistan Railways
Pakistan Post Office
Companies established under Section 42 of the Companies Act, 2017
Pakistan Agricultural Storage and Services Corporation
Pakistan State Oil

Schedule-II

Framework for Enforcing Public Service Obligations

[See Section 7(4)]

  1. The Federal Government may in writing require a commercial state-owned enterprise to:

(a)      provide a specified service or perform specified activities; or

(b)      cease providing a specified service or performing specified activities.

  1. Within one month of receiving the written proposal from the Federal Government, the State-owned enterprise must respond to the notice in writing, stating, with reasons, whether the State-owned enterprise:

(a)      agrees to give effect to the proposal; or

(b)      finds the request to be inconsistent with the primary objective of the State-owned enterprise.

  1. If the commercial state-owned enterprise gives a notice under clause (2)(b), the Federal Government and the commercial state-owned enterprise must enter into good faith negotiations with a view to agreeing arrangements under which the commercial state-owned enterprise can give effect to the Federal Government proposal without acting inconsistently with its primary objective.
  2. If an agreement is reached under clause (3), the arrangements for giving effect to Federal Government proposal shall be incorporated in a Public Service Obligation Agreement which:

(a)      must be in writing;

(b)      must be approved by the Federal Government and the Board of the commercial state-owned enterprise;

(c)      may include provision for funding or other resources to the commercial state-owned enterprise;

(d)      if it provides for the commercial state-owned enterprise to provide goods or services, must–

(i)       specify the goods or services, including any particular quantities;

(ii)      specify an estimate of the annual total cost to the commercial state-owned enterprise for providing the goods or service, and an estimate of the annual total revenue to be received by the commercial state-owned enterprise for doing so; and

(iii)     specify how the performance of the commercial state-owned enterprise in providing the goods or services will be monitored and assessed.

(e)      may include any other matter, not inconsistent with this Act, that is agreed between the Minister in Charge and the commercial state-owned enterprise.

  1. For the avoidance of doubt, if the Federal Government directs a commercial state-owned enterprise to provide specified services or perform specified activities through cross-subsidizing the cost between different groups of users and the revenue collected by the commercial state-owned enterprise from the cross-subsidization does not cover the costs, the Federal Government and commercial state-owned enterprise will agree the short-fall to be funded by the Federal Government and enter into a public service obligation agreement as provided in clause (4). However, a cross subsidy between different groups of users which is in accordance with a tariff determined by a regulator or the commercial state-owned enterprise’s own pricing mechanism, is not a public service obligations and will not require a public service obligation agreement as provided in clause (4).
  2. The obligations under a public service obligation agreement shall be binding.

Schedule-III
Statement of Corporate Intent

(See Section 8(4))

  1. Name of State-Owned Enterprise: [full name as per certificate of incorporation or relevant statute]
  2. Incorporated/established on: [date of incorporation/ establishment]
  3. Subsidiaries included in this statement of corporate intent: ___________________
  4. Description of the main business of the state-owned enterprise: [as per the constitutive documents/relevant starute]
  5. Summary of the business goals of the state-owned enterprise: [as per the approved business-plan)
  6. Summary of the performance measures and benchmarks against the state-owned enterprises business goals and its primary objective: [targets of the state-owned enterprise]
  7. Summary of the strategies of the state-owned enterprise for achieving its business goals and primary objective: [commercially sensitive strategies are not required to be included here, summary of key risks identified in the achievement of the business goals to also be included here]
  8. The current or anticipated borrowing of the state-owned enterprise, including borrowing by a subsidiary: [current borrowing has to be specific-anticipated borrowing to be included on the basis of projected revenue requirements of the state-owned enterprise and will not be binding on the state-owned enterprise]
  9. The accounting policies that the state-owned enterprise will apply for financial records and reporting: _______
  10. Summary indicative balance sheet and profit and loss statement for the state-owned enterprise: _________
  11. Consolidated summary indicative balance sheet and profit and loss statement for the state-owned enterprise and its subsidiaries as a group: [need not be filled if the state-owned enterprise does not have any subsidiary]
  12. The proposed dividend declaration and distribution policy of the state­owned enterprise: _________
  13. Description of any public service obligations and their impact on the forecasted financial outcomes of the state-owned enterprise: [as agreed with the Federal Government]
  14. Any other matter directed to be included in this statement by the Federal Government: ___________

Schedule-IV
Fit and Proper Criteria

(See Section 16)

For the purpose of determining as to whether a person proposed to be appointed as director is a ‘fit and proper person’, the appointing authorities shall take into account any consideration as it deems fit, including but not limited to the following criteria, namely that the candidate for appointment:—

(a)      has the skills, knowledge and experience to assist the state-owned enterprise achieve its primary and other objectives;

(b)      has at least a graduate degree;

(c)      is a businessman of repute or a recognised professional with relevant sectoral experience;

(d)      is financially literate;

(e)      has no convictions or civil liabilities;

(f)       has good reputation and character and exhibits high ethical standards;

(g)      is not disqualified to act as a director stipulated in this Act or any other law applicable to the functioning of a state-owned enterprise;

(i)       has not been subject to an adverse order passed by the Securities and Exchange Commission of Pakistan or any other sector regulator;

(j)       has not been subject to an order passed by the Securities and Exchange Commission of Pakistan or any other regulatory authority, withdrawing or refusing to grant any license or approval to him which has a bearing on the capital market; and

(k)      does not suffer from a conflict of interest; this includes political office holders whether or not in a legislative role.

Schedule-V
Matters to be Covered under the Code of Conduct

[See Section 19(2)]

  1. The standards of conduct for directors and employees, whereby:

(i)       compliance with the fundamental principles of probity and propriety; objectivity, integrity and honesty are ensured;

(ii)      the directors and executives uphold the reputation of the state owned enterprise by treating the general public, institutional investors and other stakeholders with Courtesy, integrity and efficiency, and ensuring service quality;

(iii)     the state owned enterprise’s assets and resources are applied for the benefit of the state-owned enterprise in a manner which ensures efficiency and transparency; and

(iv)     quality standards are followed with due diligence and that suppliers comply with the standards specified and are paid for supplies or services within the time agreed.

  1. An effective “anti-corruption” strategy to minimize actual or perceived corruption in the state owned enterprise, including without limitation, with respect to:

(i)       the active promotion of ethical behaviour and facilitating reporting of unlawful or unethical behaviour;

(ii)      the circumstances in which directors and employees may accept gifts and other benefits, including reporting and recording those gifts and benefits;

(iii)     the use by directors and employees of the resources of the state-owned enterprise, including phones, vehicles, and other property;

(iv)     regulation of business travel, including its cross-over with personal travel;

(v)      reducing or eliminating improper influence on directors and employees in their position as a director or employee of the state-owned enterprise;

(vi)     equality of opportunity is ensured by establishing open and fair procedures for making appointments and for determining terms and conditions of service.

(vii)    compliance with the law and the state-owned enterprise’s internal rules and procedures relating to public procurement, tender regulations, purchasing and technical standards, when dealing with suppliers of goods and services; and

(viii)   trading in and holding shares, securities, or other financial instruments by directors and employees.

  1. Regulation of conflicts of interest, including procedures for identification, reporting, and resolving a conflict of interest;

          Explanation.–For the purposes of this clause a person shall be deemed to have an interest in a matter if he has any stake, pecuniary or otherwise, in such matter which could reasonably be regarded as giving rise to a conflict between his duty to objectively perform his functions and his ability to consider and decide any matter impartially or to give any advice without bias, may reasonably be regarded as impaired;

  1. The use and disclosure of information by directors and employees;
  2. Managing breaches of the code, including monitoring compliance and reporting breaches; and
  3. Any other matter relevant to ensuring a high standard of governance within the state-owned enterprise.

Schedule-VI
Details to be Submitted in the Annual Report

(See Section 25)

  1. Name of State-Owned Enterprise: [full name as per certificate of incorporation or relevant statute]
  2. Incorporated/established on: [date of incorporation/ establishment]
  3. Subsidiaries included in this statement of corporate intent: _________
  4. The audited financial statements required by this Act for the financial year to which it relates;
  5. The report of the auditor for those financial statements, including compliance with this Act;
  6. A review of operations during the financial year of the state-owned enterprise and its subsidiaries and the result of those operations;
  7. A report of the extent to which the state-owned enterprise and is subsidiaries have achieved the outcomes specified in the statement of corporate intent for the financial year;
  8. A statement of the dividend or distribution paid or to be paid by the state­owned enterprise to the State for the financial year;
  9. Details of any public service obligation agreement applicable during the financial year, including;
  10. the cost of the public service or services performed under the agreement; and
  11. the revenue received by or payable to the state-owned enterprise under the agreement.
  12. Details of any significant changes in the affairs of the state-owned enterprise during the financial year;
  13. Details of any matter or circumstance arising since the end of the financial year that bas significantly affected, or may significantly affect, the operations of the state-owned enterprise in future financial years;
  14. Details of any breach of the code of conduct of the state-owned enterprise during the financial year;
  15. Details of any information which is omitted from the annual report along with reasons for such omission;
  16. Any other matter that the Federal Government directs the state-owned enterprise to include in the report.

ACT NO. V OF 2023

PAKISTAN NURSING COUNCIL (AMENDMENT) ACT, 2023

An Act to amend and consolidate the laws relating to registration and training of nurses, midwives and Lady Health Visitors (LHVs)

[Gazette of Pakistan, Extraordinary, Part-I, 21st January, 2023]

No. F. 22(34)/2021-Legis., dated 19.1.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 17th January, 2023 is hereby published for general information:–

WHEREAS it is expedient further to amend and consolidate the laws relating to training of nurses, midwives and LHVs and to provide for matters ancillary thereto;

It is hereby enacted as follows:-

  1. Short title and commencement.–(1) This Act may be called the Pakistan Nursing Council (Amendment) Act, 2023.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

  1. Amendment of Section 2, Act XXVI of 1973.–In the Pakistan Nursing Council Act, 1973 (XXVI of 1973), herein after referred to as the said Act, for Section 2, the following shall be substituted, namely:-

2. Definitions.–In this Act, unless there is anything repugnant in the subject or context,–

(a)      “Board” means a Provincial Nursing and Midwifery Examination Board constituted under Section 20;

(b)      “BSN” means a bachelors of science in nursing and determined as a Recognized higher Qualification;

(c)      “CNS” means Clinical Nurse Specialist a registered nurse who having enrolled in and successfully completed one year post BSN diploma in a relevant discipline and or MSN degree in specialized clinical tract recognized by PN&MC and is registered with PN&MC and is licensed to practice as a Clinical Nurse Specialist under Section 24(c)(i) and 36(2)(h) of this Act within a defined scope of practice;

(d)      “Council” means the Pakistan Nursing and Midwifery Council (PN&MC) established under Section 4;

(e)      “Current registration” means registration given by Pakistan Nursing and Midwifery Council, which is present on its Register;

(f)       “HEC” means the Higher Education Commission of Pakistan;

(g)      “LEW” means Lady Health Visitor who has completed the prescribed qualification recognized by PN&MC, and has been registered and licensed by the PN&MC as a registered Lady Health Visitor;

(h)      “Member” means a member of the Council;

(i)       “Ministry” means administrative ministry of PN&MC;

(j)       “MNHSRC” means Ministry of National Health Services, Regulation & Coordination;

(k)      “National Medical Authority” means the Authority constituted under Section 15 of Pakistan Medical Commission Act, 2020;

(l)       “Nurse” means registrant of PN&MC licensed to practice as a nurse;

(m)     “NP” means Nurse Practitioner a registered advanced practice nurse, who having been enrolled to a Master Degree in Nursing (MSN) recognized by PN&MC, is registered with PN&MC as Nurse Practitioner and is currently licensed by PN&MC to practice autonomously and in collaboration with others under Section 15(c)(i) and Section 26(2)(i) of this Act within a defined scope of practice;

(n)      “PN&MC” means the Pakistan Nursing and Midwifery Council;

(o)      “Prescribed” means prescribed by this Act and rules and regulations made under this Act;

(p)      “Recognized Higher Qualifications” means a degree qualification recognized by the Higher Education Commission granted by an institution established and maintained in Pakistan or in a foreign country, or granted by a Board/University for nurses, midwives and LHV which is declared to be a recognized higher qualification for the purposes of this Act

Provided any qualification recognized as a higher qualification under this Act and obtained by a person registered with the PN&MC prior to the date of the amendment of the Act shall continue to be recognized for the benefit of the person registered prior to the date of the amendment;

(q)      “Recognized qualifications” means a qualification granted by a Board/University for which is declared to be a recognized qualification for the purposes of this Act and includes:–

(i)       a qualification specified in the schedule; and

(ii)      a qualification which was, immediately before the commencement of this Act, a recognized qualification under the Pakistan Nursing Council Act, 1952 (LIX of 1952) and 1973 to the extent of only such person registered with the PN&MC prior to this amendment to the Act unless continued to be recognized after the amendment to this Act.

(r)      “Register” means the register of nurses, midwives, Lady Health Visitors and nursing auxiliaries maintained under Section 20;

(s)      “Regulations” mean regulations made under this Act;

(t)      “RM” means Registered Midwife who has completed the prescribed qualification recognized by PN&MC and has been registered and licensed by PN&MC to practice as a registered midwife; and

(u)      “Other Committees” means sub-committees appointed by the council for special purpose under Section 11(2) of the Act.

  1. Insertion of new Section 2A, Act XXVI of 1973.–In the said Act, after Section 2, the following new Section 2A shall be inserted namely:–

2A. Purpose of Pakistan Nursing and Midwifery Council.–(a) To protect, promote, and maintain the public health and wellbeing.

(b) To serve the public of Pakistan with regards to healthcare services in general, but nursing and Midwifery services in particular,

(c) To ensure competence of registered professionals of PN&MC, and

(d) To liaison with all stakeholders about nursing and Midwifery education, professional conduct and practice within and outside the Republic of Pakistan,”

  1. Substitution of Section 3, Act XXVI of 1973.–In the said Act, for Section 3, the following shall be substituted, namely:-

3. Establishment of the Council.–(1) The Federal Government shall, as soon as may be, establish a Council to be called the Pakistan Nursing Council, which shall consist of the following member, namely:–

(a)    Secretary of the concerned Division or his nominee not below the rank of BPS-20; Ex-Officio Member
(b)    Chief Nursing Administrator, by whatever name called, of the Armed Forces Nursing Service; Ex-Officio Member
(c)    one nurse from each Province, to be elected by the provincial nursing board, one senior nurse from federal capital to be nominated by the concerned division and one senior nurse from the Government of Gilgit Baltistan to be elected by the nursing board of that Government; Member
(d)   three members appointed by the Prime Minister on the recommendation of the concerned Division from whom one member shall be a,– Members

(i)       philanthropist or from civil society of known integrity and eminence with a minimum of fifteen years of related experience in the field of philanthropist or civil society;

(ii)      legal profession of known integrity and eminence with a minimum of fifteen years of experience in the field of law as a practicing lawyer or a retired High Court Judge;

(iii)     Charted Accountant of known integrity and eminence with a minimum of fifteen years of related experience in the field of accountancy.

(2) The Council established under sub-section (1) shall be a body corporate having perpetual succession and a common seal, with power, among others, to acquire, hold and dispose of property, and shall by its name sue and be sued.”.

  1. Insertion of new Section 3A, in the Act XXVI of 1973.–In the said Act, after Section 3, a new Section 3A shall be inserted, namely,–

3A. Powers of the Council.–The powers of the Council shall be,–

(a)      to licence and regulate Registered Nurse, Nurse Specialist, Nurse Practitioner, Midwife and Lady Health Visitor practice in Pakistan;

(b)      to register, maintain and update the register of Registered Nurses, Nurse Specialists, Nurse Practitioners, Midwives and Lady Health Visitors;

(c)      to prescribe the requirements to be met as to the evidence of good health and good character in order to satisfy the Registrar that an applicant is capable of safe and effective practice as a nurse or midwife of lady health visitor;

(d)      to require public, private and non-Government educational institutions and employers of registrants of the Council to promptly submit annual returns of registered nurses, midwives, lady health visitors in their employment and such other information as may become necessary from time to time;

(e)      to assist and advise the Federal and Provincial Governments on matters pertaining to policies of nursing and midwifery professions;

(f)       to carry out licensure examinations for grant of licence to practice with PN&MC and to practice; and to develop, revise and update curricula and recommend these as appropriate to nursing teaching institutions;

(g)      Provided that all actions of the council will be in accordance with the law and Council will ensure that the right to prescribe drugs or medical devices may not be given to Registered Nurses, Nurse Specialists, Nurse Practitioners, Midwives, or Lady Health Visitors, or any other nurse practitioners in contravention of the law and without the prior approval of the Federal Government;

(h)      to evaluate and accredit institutions that provide education and training in nursing, midwifery and LHV, and to cooperate with other accreditation bodies where necessary in accordance with the objectives of the PN&MC subject to evaluation and accreditation of institutions affiliated with a university shall be regulated by the university and the Higher Education Commission on criteria formulated and provide by the PN&MC;

(i)       to designate new nursing and midwifery programs, specialties and categories where deemed necessary by the council;

(j)       to determine Scope of Practice for its registrants;

(k)      to set, monitor and update,–

(i)       standards for education, clinical practice. professional conduct and institutional accreditation;

(ii)      conditions/policies for registration/licence to practice;

(iii)     conditions/policies for enrollment into nursing programs; and

(iv)     conditions/policies for institutions offering nursing programs.

(l)       to formulate, revise and update policies, and to advocate and motivate institutions, Government and private sector to adopt the changes suggested for the improvement of nursing, midwifery and LHV in the country;

(m)     to establish an independent arm(s) for quality assurance, examination, accreditation and or curriculum development and approvals for PN&MC credibility as deemed by the council. The independent arms shall accredited by any international credible agency such as ISO;

(n)      to determine and receive fees, donations, grants or any other financial benefits or assistance;

(o)      to collect, analyze data and disseminate information about nursing, midwifery and lady health visitors’ education, practice and the nursing, midwifery and lady health visitors’ workforce;

(p)      to consider any matter affecting nursing, midwifery and lady health visiting falling within the ambit of the Council and make representations or take such action as the Council deems advisable:

(q)      to approve alter, modify and/or change the Rules and Regulations of the Council when deemed fit and necessary for the promotion of the purposes of the Act;

(r)      to elect the Executive Committee of the Council;

(s)      to approve the annual audited accounts audited by a duly appointed chartered accountant;–

(t)      to appoint a registered Chartered Accountant at its Annual General Meeting for auditing the accounts of the PN&MC; and

(u)      to do all things necessary and ancillary to the above purposes of the Act.”.

3B. Notwithstanding anything contained in this Act, the Prime Minister on the recommendation of the Minister-in-Charge of the concerned division, may remove all or any member of the Board in the manner as may be prescribed.”

  1. Amendment of Section 4, Act XXVI of 1973.–In the said Act, in Section 4,–

(a)      In sub-section (2), for the words “resign his office by writing under his hand addressed” the expression “submit his written, signed resignation” shall he substituted;

(b)      In sub-section (3),–

(i)       new paragraph (a), shall be inserted and remaining paragraph shall be renumbered accordingly,–

“(a)     On completion of his tenure of three (3) years as prescribed in sub-section in (2) above without any further notification by PN&MC/NHSRC;”;

(ii)      in renumbered paragraph (b), after the words “he was” the word “elected or” shall be omitted

(iii)     in renumbered paragraph (b), after the words “represent or” the word “ceases” shall be inserted;

(iv)     in renumbered paragraph (b), for the word “qualified” the word “eligible” shall be substituted; and

(v)      after renumbered paragraph (c), new paragraph (d), shall be inserted, namely;

“(d)    if the nominating authority withdraws the nomination at any time.”.

  1. Amendment of Section 5, Act XXVI of 1973.–In this Act, in Section 5, after the expression “such member by” the expression “election or” and after the expression “such member was” the expression “elected or” shall be omitted.
  2. Amendment of Section 7, Act XXVI of 1973.–In the said Act, in Section 7,–

(a)      in sub-section (1),–

(i)       for the word “six”, the word “three” shall be substituted; and

(ii)      for the words “times and places” the words “time and place” shall be substituted;

(b)      for sub-section (3), the following shall he substituted, namely;–

“(3) A written notice along with the agenda and the time and place of each meeting shall be set by post or courier or by modern electronic means that constitutes documentary proof of notice such as an email, by the Register of the Council to all the members at least ten days before the date fixed for such meeting:

Provided that an emergency meeting may be called at twenty-four hour notice.”; and

(c)      in sub-section 4, for the word “fourteen”, the word “twelve” shall be substituted:–

  1. Amendment of Section 8, Act XXVI of 1973.–In the said Act, for Section 8, the following shall he substituted:-

(8) President and Vice-President.–(1) The President and the Vice­President shall be appointed by the Prime Minister on the recommendation of the concerned Division from amongst the Members specified in clauses (c) and (d) of sub-section (1) of Section 3.

(2) The President and the Vice-President shall hold office for a period of three years”.

  1. Amendment of Section 9, Act XXVI of 1973.–In the said Act, in Section 9:–

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

“(1)     The Council will, for efficient functioning, form an Executive Committee to meet more frequently than the Council and oversee day to day functions. The executive committee would include the President of the Council, who will chair the committee, and four other members of Council elected by the Council, with duties and authority as recommended by Council. The Council may replace a member of the executive committee by majority vote.”

(b)      for sub-section (2), the following shall be substituted. namely:–

“(2) Council may also constitute such other committees or sub­committees as it may deem fit for carrying out the purposes of this Act.”

(c)      in sub-section (3), for the words “or under this Act”, the words the Council and will report on its activities to Council at every Council meeting” shall be substituted.

  1. Insertion of new Sections 9A, 9B, 9C, 90D, 9E, 9F and 9G, Act XXVI of 1973.–In the said Act, after Section 9, the following new sections 9A, 9B, 9C, 9D, 9E, 9F and 9G shall be inserted, namely:–

9A. The President.–The President shall be the head of the council and shall preside over all meetings of the Council and the executive committee and shall convene the meetings.

9B. The Vice-President.–The Vice-President shall act in the absence of the President and shall carry out any duties assigned to him/her by the President.

9C. Office of the Council.–The office of the council will consist of full-time employees of the Council, including a Secretary, Finance Director, Human resource Director and such other persons as Council might consider necessary for the efficient functioning of Council and to meet the aims of this Act. Council will have the authority to create, redesignate or abolish posts, and establish salaries and benefits for its employees, so long as the fiscal implications remain within the approved budget:

Provided the Federal Government may by notification direct the National Medical Authority to undertake and provide all administrative functions of the PN&MC including the functions of the Finance Director, Human Resource Director, Director Curriculum and Education and Director Registration except the functions of the Secretary which shall be performed by the Secretary of the Council. The costs of such administrative functions shall be reimbursed to the National Medical Authority by the PN&MC or the Federal Government as directed by the Federal Government.

9D. Secretary.–The Council will appoint a full time Secretary as prescribed. The Secretary shall:

(a)      Act under the direction of and report to the President and Council;

(b)      Be responsible for the efficient management of the office of the PN&MC;

(c)      Send out notices for the meetings to be held in consultation with the President and shall record the minutes of all meetings and send out notices along with the agenda;

(d)      Keep the President informed of all matters; and

(e)      Perform any other duties as prescribed by the President and Council.

9E. Finance Director.–The Council subject to Section 9C will appoint a full time Finance Director as prescribed. The Finance Director shall be responsible for the financial management and maintenance of proper accounts of the Council and shall ensure the annual audit by a duly appointed registered chartered accountant. He shall report all matters to the President and shall keep the Council informed of all important matters, and update the Council at each Council meeting.

9F. Appointment of other Personnel.–(1) The Council may appoint any other personnel, including a Director of Registration and a Director of Curriculum and Education, as required for the efficient functioning of the Council to meet the requirements of the Act as deemed fit by council.

(2) The Council shall determine, in accordance with the available budget, the terms and conditions of service and the pay and allowances of the officers and servants.

9G. Functions of Council.–function of the Council shall
be,–

(a)      to administer, manage and run the affairs of the PN&MC efficiently and to hire and fire staff whenever or wherever deemed necessary in the interests of the PN&MC.

(b)      to properly maintain the records, minutes and all documents of the PN&MC.

(c)      to administer the finance and maintain the accounts of the PN&MC with annual audits by a chartered accountant duly appointed by the Council.

(d)      to hire staff to positions necessary for the efficient administration and management of the PN&MC.

(e)      to co-opt, or appoint persons who are not members of the Council to serve on commissions, or to provide consultation and advice to the Council.

(f)       to acquire, rent, let, hire or dispose off property, borrow moneys, accept and administer any trust or donation. and charge fees for any services of the Council, in the interests of the promotion of the purposes of the Act.

(g)      to carry out all actions connected and ancillary to the purposes of the Act”.

  1. Amendment of Section 10, Act XXVI of 1973.–In the said Act, in Section 10,–

(a)      In the heading, for the word “servants”, the words “Supportive Staff” shall be substituted;

(b)      In sub-section (1),–

(i)       for the words “a Registrar of the Council and may appoint a Secretary, a Treasurer and such others officers and servants”, the words “professional and administrative and supportive staff on contract” shall be substituted;

(ii)      after the words “it may deem”, the word “fit and” shall be inserted; and

(iii)     the provision shall be deleted.

(c)      In sub-section (2),–

(i)       the words “with the previous sanction of the Federal Government” shall be omitted; and

(ii)      for the word “servants”, the words “supportive staff” shall be substituted.

  1. Amendment of Section 11, Act XXVI of 1973.–In the said Act, in Section 11,–

(a)      In the heading, the word “Provincial” shall be omitted;

(b)      For sub-section (1), the following shall be substituted, namely;–

“(1)     The PN&MC in consultation with Federal Government shall constitute a nursing examination hoard.”;

(c)      In sub-Section 2,–

(i)       after the words “Board shall be”, the words “to hold examinations and” shall be inserted; and

(ii)      the words “and to hold and conduct examination to be undergone by persons desiring to obtain such qualification’“ shall be omitted; and

(d)      after sub-section (2), the following new sub-sections (3) and (4) shall be inserted; namely:–

“(3) Verity Pre-enrollment certificates from the relevant authority on random basis. The board shall verify from issuing board of higher secondary & intermediate boards or authorities on random basis each year and send report to the Council.

(4) if any documents are found fake or forged then debar student and issue warning letter to the institution from where the enrolment has been sent. A copy of such documents must be sent to PN&MC.”.

  1. Amendment of Section 12, Act XXVI of 1973.–In the said Act, for Section 12, the following shall be substituted, namely,–

12. Recognition of institutions or authority conducting educational course or programs.–(1) Any institution or authority aiming to conduct any Degree/courses/ programs of study, in nursing, midwifery and health visiting shall apply to the PN&MC for its rccognition. The institution may start the course only after obtaining approval from the PN&MC.

(2) The Council may hold such inquiry as it may think fit, to require the institution or authority making an application under sub-section (1), to fulfil the following requirements as may be prescribed by the PN&MC,–

(a)      Proof of legitimacy of the institution submit documentary proof of registration under whichever authority registered; and financial sustainability for next five years;

(b)      Prove capacity to conduct the program applied for by possessing the,–

(i)       Proper infrastructure;

(ii)      Qualified number of faculty; and

(iii)     Clinical facility;

(c)      Satisfy the PN&MC that it shall comply with the Rules, Regulations and Standards as prescribed by the PN&MC.”.

  1. Amendment of Section 13, Act XXVI of 1973.–In the said Act, in Section 13, in headings for the words “Reciprocal recognition of qualification”, the expression “Recognition of foreign qualification” shall be substituted.
  2. Amendment of Section 14, Act XXVI of 1973.–In the said Act, in Section 14, in sub-section (1), for the words “Federal Government”, the words “Higher Education Commission” shall be substituted.
  3. Amendment of Section 15, Act XXVI of 1973.–In the said Act, in Section 15, in clause (c), in paragraph (ii), for the words “a supplementary”, the words “an advanced professional’“ shall be substituted.
  4. Amendment of Section 16, Act XXVI of 1973.–In the said Act, in Section 16, the following shall be substituted, namely:–

(a)      for the words “course of study or training”, the words, “educational programs” shall be substituted;

(b)      after the word “granted by it”, the expression, “in the fields Nursing, Midwifery or Health Visitors” shall be inserted;

(c)      in clause (a), for the words, “course of study or training”, the words “educational programs” shall be substituted;

(d)      in clause (b), “course of study or training”, the words, “educational programs” shall be substituted; and

(e)      after clause (c), the new clauses (d), (e) shall be inserted, namely:–

“(d)     Clinical setting and beds pertaining to education Program; and

(e)      Any other matter generally Pertinent to the requirements for its recognition.”.

  1. Amendment of Section 17, Act XXVI of 1973.–In the said Act in Section 17,–

(a)      for sub-section (1), the following shall be substituted, namely;–

“(1) The Council shall form a Committee for accreditation from amongst those who have a qualification level higher than the qualification level of the program for which the institution or authority is applying for recognition.

(b)      in sub-section (2),–

(i)       for the words “Executive Committee”, the word “Council” shall be substituted; and

(ii)      for the word “training”, the word, “educational program” shall be substituted.

(c)      in sub-section (3), the words “Executive Committee”, the word “council” shall be substituted;

(d)      for sub-section (4), the following shall be substituted, namely;–

“(4) Upon the expiry of the period specified under sub-section (3) the Council shall, make such recommendations thereon as it may deem fit.”; and

(e)      after sub-section (4), new sub-sections (5) and (6) shall be inserted, namely:–

“(5) Council Members cannot be members of the Accreditation committee.

(6) Any college or institution affiliated with a university for purposes of granting a nursing qualification shall be inspected and accredited and regulated by the university and the Higher Education Commission subject to criteria of accreditation and curriculum prescribed by the PN&MC.”.

  1. Amendment of Section 18, Act XXVI of 1973.–In the said Act, in Section 18,–

(a)      in sub-section (1),–

(i)       in clause (a), for the words “course of study or training the words, “educational program” shall be substituted; and

(ii)      For clause (b), the following shall be substituted, namely:–

(b)      that an Institution or authority recognized by the Council for the education of Nurses. Midwives, Lady Health Visitors does not satisfy the prescribed requirements as to educational program for obtaining recognized qualifications or recognized higher qualifications the Council shall send a statement to that effect stating clearly the reasons for non-recognition to the institution or authority concerned, and requesting submission within a specified period of such explanation as the institution or authority may like to offer.

(b)      sub-section (2) shall be omitted;

(c)      in sub-section (3),–

(i)       for the expression “sub-section (2)”, the expression “clause (b) of sub-section (1)” and for the words “Federal Government may”, the words “council” shall be substituted; and

(ii)      for the words “direct the Council to”, the word “shall” shall be substituted.

  1. Insertion of new Section 8A, Act XXVI of 1973.–In the said Act, a new Section 18A shall be inserted, namely,–

18A. Maintenance of Data Base.–The council will maintain the following data for national nursing human resources,–

(a)      Pre-Registration;

(b)      Registration; and

(c)      Faculty registration:

Provided the Council shall maintain and verify the CNIC and all other necessary credentials of a person registered and licensed by the PN&MC and carry out biometrics of all persons registered and maintain the updated information of where each person registered and licensed under the Act is working. Such information shall be shared by the Council with the Federal Government, Provincial Governments, National Medical Authority and the respective healthcare commissions.”.

  1. Amendment of Section 21, Act XXVI of 1973.–In the said Act, in Section 21,–

(a)      in sub-section (1), after the words “being heard”, the expression “where a person’s name has been removed from the register, the Council shall publish this fact on its website” shall be inserted; and

(b)      in sub-section (2), for the word “which”, the word “who” shall be substituted.

  1. Amendment of Section 23, Act XXVI of 1973.–In the said Act, in Section 23, in sub-section (1), for the words “or aided by Federal Government or a local authority”, the words “by public or private sector” shall be substituted.
  2. Amendment of Section 24, Act XXVI of 1973.–In the said Act, in Section 24,–

(a)      in sub-section (1),

(i)       for the words “six months”, the words “one year”, shall be substituted;

(ii)      the words “which may extend to one thousand rupees” shall be omitted; and

(b)      after sub-section (1), a new sub-section (2) shall be inserted, namely:–

“(2) No suit, prosecution or other legal proceeding shall lie against the Government, the Council or any committee thereof, or any officer or staff of the Government or Council for anything which is in good faith done or intended to be done under this Act.”.

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

(a)      after the words “Federal Government”, the words “and display on its website” shall be inserted; and

(b)      after the words “end of every” the word “fiscal” shall be inserted.

  1. Amendment of Section 26, Act XXVI of 1973.–In the said Act, in Section 26,–

(a)      in sub-section, (1), for the expression “may, with the previous sanction of the Federal Government”, the word “shall” shall be substituted;

(b)      in sub-section (2),–

(i)       in sub-clause (f), the word “servants” shall be substituted with the word “supportive staff”;

(ii)      clause (g) shall be omitted;

(iii)     after clause (l), the following new sub-clauses (m) and (n) shall be inserted;

“(m)   Prescribing a code of professional conduct and standard for practice and education for Nurses, Midwives and Lady Health Visitors; and

(n)      Prescribing the functions of the Nursing Examination Boards.”.

  1. Insertion of new Section 26A, Act XXVI of 1973.–In the said Act, after Section 26, a new Section 26A, shall be inserted, namely:–

26A. Powers to make Rules.–The Federal Government may make rules for carrying out the purposes of this Act in respect of functions ascribed to the Federal Government under the Act.”

  1. Amendment of Schedule, Act XXVI of 1973.–In the said Act, for the Schedule the following shall be substituted, namely:–

THE SCHEDULE

[See Section 3(n)]

RECOGNIZED QUALIFICATION

(a)      Bachelor’s of Science in Nursing: Four years Degree Course.

(b)      Post RN Bachelor’s in Nursing: Two years Degree Course.

(c)      Master’s in Nursing (MSN): Two years Degree Course.

(d)      Doctorate in Nursing: 4 years Degree Course.

(e)      Post Basic Specialization: 1 year diploma course in different disciplines e.g. Cardiac Care Nursing, Oncology Nursing etc.

(f)       Lady Health Visitor (LHV): Twenty-seven months Diploma Course.

(g)      Community Midwife (CMW): Two years Diploma Course.

(h)      Pupil Midwife: One year Certificate Course.

(i)       Associate Degree (LHV): Two years Course.

(j)       Associate Midwifery Degree: Two years Midwifery Course.

(k)      Post Associate Bachelor’s Degree for (LHV): Two years Degree Course.

(l)       Post Associate Midwifery Degree (RM): Two years Midwifery Degree Course.

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ACT NO. XXI OF 2022

DIPLOMATIC AND CONSULAR OFFICERS (OATH AND FEES) (AMENDMENT) ACT, 2022

An Act further to amend the Diplomatic and Consular Officers (Oath and Fees) Act, 1948

[Gazette of Pakistan, Extraordinary, Part-I, 19th October, 2022]

No. F. 9(24)/2022-Legis., dated 18.10.2022.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 14th October, 2022 and is hereby published for general information:–

WHEREAS, it is expedient further to amend the Diplomatic and Consular Officer (Oath and Fees) Act, 1948 (Act No. XXI of 1948), for the purposes hereinafter appearing;

1. Short titled and commencement.–(1) This Act shall be called the Diplomatic and Consular Officers (Oath and Fees) (Amendment) Act, 2022.

(2) It shall come into force at once.

2. Amendment in Section 3, Act XXI of 1948.–In the Diplomatic and Consular Officers (Oath and Fees) Act, 1948 (XXI of 1948), hereinafter referred to as the said Act, in Section 3, in sub-section (1), after the word “administer”, the expression “‘either online or in physical form,” shall be inserted.

3. Addition of Section 9, Act XXI of 1948.–In the said Act, after Section 8, the following new section shall be added, namely:–

“9. Power to make rules.–The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.”

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ACT NO. XXVI OF 2022

RAILWAYS (AMENDMENT) ACT, 2022

An Act further to amend the Railways Act, 1890

[Gazette of Pakistan, Extraordinary, Part-I, 26th October, 2022]

No. F. 9(34)/2022-Legis., dated 25.10.2022.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 21st October, 2022 and is hereby published for general information:–

WHEREAS it is expedient further to amend the Railways Act, 1890 (IX of 1890) for the purpose hereinafter appearing;

It is hereby enacted as follows:–

1. Short title and commencement.–(1) This Act may be called the Railways (Amendment) Act, 2022.

(2) It shall come into force at once.

2. Amendment of Section 126, Act IX of 1890.–In the Railways Act, 1890 (IX of 1890), hereinafter referred as the said Act, in Section 126;–

(I) the words “death or” shall be omitted; and

(II) for the expression “twenty thousand rupees” the expression “one million rupees, keeping in view the facts of the case” shall be substituted.

3. Amendment of Section 127, Act IX of 1890.–In the said Act, in Section 127;–

(I) the words “death or” shall be omitted; and

(II) for the expression “twenty thousand rupees” the expression “one million rupees, keeping in view the facts of the case” shall be substituted.

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ACT NO. XXVII OF 2022

TRADE ORGANIZATIONS (AMENDMENT)
ACT, 2022

An Act to amend the Trade Organizations Act, 2013

[Gazette Of Pakistan, Extraordinary, Part-I, 3rd November, 2022]

No. F. 22(121)/2021-Legis., dated 2.11.2022.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 1st November, 2022 is hereby published for general information:–

WHEREAS, it is expedient to amend the Trade Organizations Act, 2013 (II of 2013) for the purposes hereinafter appearing;

It is hereby enacted as follows:–

1. Short title and commencement.–(1) This Act may be called the Trade Organizations (Amendment) Act, 2022.

(2) It shall come into force at once and shall be deemed to have taken effect on and from the 1st January, 2022.

2. Amendment of Section 11, Act II of 2013.–In the Trade Organizations Act, 2013 (II of 2013), in Section 11, in sub-section (1),–

(a) for the words “one year”, the words “two years” shall be substituted;

(b) in clause (a), the expression “to the 31st day of December shall be omitted; and

(c) in clause (b), the expression “to the 30th day of September” shall be omitted.

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ACT NO. XXIX OF 2022

ANTI-DUMPING DUTIES (AMENDMENT)
ACT, 2022

An Act further to amend the Anti-Dumping Duties Act, 2015

[Gazette of Pakistan, Extraordinary, Part-I, 4th November, 2022]

No. F. 9(33)/2022-Legis., dated 3.11.2022.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 1st November, 2022 and is hereby published for general information:–

WHEREAS, it is expedient further to amend the Anti-Dumping Duties Act, 2015, (XIV of 2015) the manner and for the purposes hereinafter appearing;

It is hereby enacted as follows:–

1. Short title and commencement.–(1) This Act shall be called the Anti-Dumping Duties (Amendment) Act, 2022.

(2) It shall come into force at once.

2. Amendment of Section 2, Act XIV of 2015.–In the Anti Dumping Duties Act, 2015 (XIV of 2015), hereinafter called as the said Act, in Section 2, after clause (h), the following new clause shall be inserted, namely:–

“(ha) “foreign grant-in-aid projects” means grants made to the Government of Pakistan under Section 7 of the Public Finance Management Act, 2019;”.

3. Amendment of Section 51, Act XIV of 2015.–In the said Act, in Section 51, in sub-section (1),–

(a) in clause (c), in the proviso, for full stop at the end, a semi colon shall be substituted;

(b) in clause (d), for full stop at the end, a semi colon and the word “or” shall be substituted; and

(c) after the omitted clause (e), the following new clause shall be added, namely:–

“(ea) not be levied on imports that are to be used as inputs in products destined solely for export or for use in the foreign grant-in-aid projects and are covered under any scheme exempting customs duties for exports or foreign grant-in-aid projects under the Customs Act, 1969 (IV of 1969)”.

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ACT NO. XXXI OF 2022

NATIONAL ASSEMBLY SECRETARIAT EMPLOYEES (AMENDMENT) ACT, 2022

An Act further to amend the National Assembly Secretariat Employees Act, 2018

[Gazette of Pakistan, Extraordinary, Part-I, 8th November, 2022]

No. F. 24(63)/2022-Legis., dated 7.11.2022.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 2nd November, 2022 and is hereby published for general information:–

WHEREAS it is expedient further to amend the National Assembly Secretariat Employees Act, 2018 (Act No. VII of 2018) for the purposes hereinafter appearing;

It is hereby enacted as under:–

1. Short title and commencement.–(1) This Act shall be called the National Assembly Secretariat Employees (Amendment) Act, 2022.

(2) It shall come into force at once.

2. Amendment of Section 6, Act VII of 2018.–In the National Assembly Secretariat Employees Act, 2018 (VII of 2018), in Section 6, in sub-section (1), in clause (c) for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:

“Provided that in case of inability of the Federal Public Service Commission to recommend persons for initial appointment to the Posts in BPS-16 to BPS-19 on the requisition of the National Assembly Secretariat for such

appointments within six months of receipt of the requisition, the Speaker may withdraw the requisition from the Federal Public Service Commission and make appointments against such posts through an open advertisement and after a selection process on the recommendations of the Departmental Selection Committee.”

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ACT NO. XXXII OF 2022

CHILDREN (PLEDGING OF LABOUR) (AMENDMENT) ACT, 2022

An Act further to amend the Children (Pledging of Labour) Act, 1933

[Gazette of Pakistan, Extraordinary, Part-I, 18th November, 2022]

No. F. 23(33)/2022-Legis., dated 16.11.2022.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 11th November, 2022 is hereby published for general information:–

WHEREAS it is expedient further to amend the Children (Pledging of Labour) Act, 1933 (II of 1933) in its application to the extent of Islamabad Capital Territory for the purposes hereinafter appearing;

It is hereby enacted as follows:–

1. Short title and commencement.–(1) This Act may be called the Children (Pledging of Labour) (Amendment) Act, 2022.

(2) It shall come into force at once.

2. Substitution of Section 4, Act II of 1933.–In the Children (Pledging of Labour) Act, 1933 (II of 1933), hereinafter referred to as the said Act, for Section 4, the following shall be substituted, namely:–

4. Penalty for parent or guardian making agreement to pledge the labour of a child.–Whoever, being the parent or guardian of a child, makes an agreement to pledge the labour of that child, shall be punishable with fine which shall not be less than five thousand rupees and may extend to twenty thousand rupees.

3. Substitution of Section 5, Act II of 1933.–In the said Act, for Section 5, the following shall be substituted, namely:–

5. Penalty for making with the parent or guardian an agreement to pledge the labour of a child.–Whoever makes with the parent or guardian of a child an agreement whereby such parent or guardian pledges the labour of the child shall be punishable with imprisonment which may extend to six months or fine which shall not be less than twenty thousand rupees and may extend to fifty thousand rupees or both, and on every subsequent conviction, the imprisonment shall not be less than six months or fine which shall not be less than fifty thousand rupees or both.

4. Substitution of Section 6, Act II of 1933.–In the said Act, for Section 6, the following shall be substituted, namely:–

6. Penalty for employing a child whose labour has been pledged.­-Whoever, knowing or having reasons to believe that an agreement has been made to pledge the labour of a child, in furtherance of such agreement employs such child, or permits such child to be employed in any premises or place under his control, shall be punishable with imprisonment which may extend to six months or fine which shall not be less than twenty thousand rupees and may extend to fifty thousand rupees or both, and on every subsequent conviction, the imprisonment shall not be less than six months or fine which shall not be less than fifty thousand rupees or both.

———————–

ACT NO. XXXIII OF 2022

CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2022

An Act further to amend the Code of Criminal Procedure, 1898

[Gazette of Pakistan, Extraordinary, Part-I, 18th November, 2022]

No. F. 23(9)/2022-Legis., dated 16.11.2022.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 11th November, 2022 is hereby published for general information:-

WHEREAS it is expedient further to amend the Code of Criminal Procedure, 1898 (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 Code of Criminal Procedure (Amendment) Act, 2022.

(2) It shall come into force at once.

2. Amendment of Section 510, Act, V of 1898.–In the Code of Criminal Procedure, 1898 (V of 1898), in Section 510, after the words “fire arm expert” the works “or the Chemist or the Pharmacist or the Forensic Scientist or Hand-writing expert”, shall be inserted.

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ACT NO. XXXVI OF 2022

FOREIGN INVESTMENT (PROMOTION AND PROTECTION) (AMENDMENT) ACT, 2022

An Act to amend the Foreign Investment (Promotion and Protection) Act, 2022

[Gazette of Pakistan, Extraordinary, Part-I, 28th December, 2022]

No. F.22(36)/2022-Legis., dated 26.12.2022.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 23rd December, 2022 is hereby published for general information,–

WHEREAS it is expedient to amend the Foreign Investment (Promotion and Protection) Act, 2022 (XXXV of 2022), in the manner and for the purpose hereinafter appearing;

It is hereby enacted as follows:–

1. Short title and commencement.–This Act may be called the Foreign Investment (Promotion and Protection) (Amendment) Act, 2022.

(2) It shall come into force at once.

2. Amendment of Section 1, Act XXXV of 2022.–In the Foreign Investment (Promotion and Protection) Act, 2022 (XXXV of 2022), in Section 1, in sub-section (2), after the word “Pakistan”, the expression “but for the purpose of Balochistan Province, it shall only apply to the qualified investment of Reko Diq project as mentioned in schedules and annexures of this Act” shall be added.

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ACT NO. XXXVII OF 2022

CRIMINAL LAWS (AMENDMENT) ACT, 2022

An Act further to amend the Pakistan Penal Code, 1860 and the Code of Criminal Procedure, 1898

[Gazette of Pakistan, Extraordinary, Part-I, 28th December, 2022]

No. F. 23(27)/2022-Legis., dated 26.12.2022.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 23rd December, 2022 is hereby published for general information:–

WHEREAS it is expedient further to amend the Pakistan Penal Code, 1860 (XLV of 1860 and the Code of Criminal Procedure, 1898 (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 Laws (Amendment) Act, 2022.

(2) It shall come into force at once.

2. Omission of Section 325, Act XLV of 1860.–In the Pakistan Penal Code, 1860 (XLV of 1860), Section 325 shall be omitted.

3. Amendment of Schedule-II, Act V of 1898.–In the Code of Criminal Procedure, 1898 (V of 1898), in Schedule-II, the entries relating to Section 325 shall be omitted.

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ACT NO. XXXVIII OF 2022

REGISTRATION (AMENDMENT) ACT, 2022

An Act further to amend Registration Act, 1908

[Gazette of Pakistan, Extraordinary, Part-I, 31st December, 2022]

No. F. 23(31)/2022-Legis., dated 30.12.2022.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 29th December, 2022 is hereby published for general information:-

WHEREAS it is expedient further to amend the Registration Act, 1908 (XVI of 1908) in its application to the extent of Islamabad Capital Territory, for the purposes hereinafter appearing:

It is hereby enacted as follows:–

1. Short title, extent and commencement.–(1) This Act may be called the Registration (Amendment) Act, 2022.

(2) It shall extend to the Islamabad Capital Territory.

(3) It shall come into force at once.

2. Amendment of Section 17, Act XVI of 1908.–In the Registration Act, 1908 (XVI of 1908), in Section 17,–

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

“(ba) an instrument which grants power to an attorney or which constitutes an agreement to create, declare, assign, limit or extinguish, by way of sale, any right, title or interest of the value of one hundred rupees and upward, to or in immovable property;”

(ii) in sub-section (2), in clause (v), before the semicolon “;” occurring at the end, the following shall be inserted, namely:–

“except a document which grants power to an attorney or is an agreement to sell any right, title or interest of the said value in immovable property”.

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ACT NO. XXXIX OF 2022

CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2022

An Act further to amend the Code of Criminal Procedure, 1898

[Gazette of Pakistan, Extraordinary, Part-I, 31st December, 2022]

No. F. 23(120)/2021-Legis., dated 30.12.2022.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 30th December, 2022 is hereby published for general information:-

WHEREAS it is expedient further, to amend the Code of Criminal Procedure, 1898 (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 Code of Criminal Procedure (Amendment) Act, 2022.

(2) It shall come into force at once.

2. Amendment of Section 195, Act V of 1898.–In the Code of Criminal Procedure, 1898 (V of 1898), in Section 195, in sub-section (1), in clause (a), for the figure “188” the figure “187”, shall be substituted.

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ACT NO. XL OF 2022

ACCESS TO THE MEDIA (DEAF) PERSONS
ACT, 2022

An Act to ensure access of media to persons in all matters of public importance through Pakistan sign language

[Gazette of Pakistan, Extraordinary, Part-I, 31st December, 2022]

No. F. 23(60)/2022-Legis., dated 30.12.2022.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 30th December, 2022 is hereby published for general information:–

WHEREAS it is expedient for deaf persons to access information in all matters of public importance through Pakistan sign language broadcast media as guaranteed by the Constitution of the Islamic Republic of Pakistan and for matters connected therewith and incidental thereto;

It is hereby enacted ass follows:–

I. Short title, extent and commencement.–(1) This Act shall be called the Access to the Media (Deaf) Persons Act, 2022.

(2) It extend to the whole of Pakistan.

(3) It shall come into force at once.

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

(a) “Authority” means the Pakistan Electronic Media Regulatory Authority established under Section 3 of the Pakistan Electronic Media Regulatory Authority Ordinance, 2002 (XIII of 2002);

(b) “Board” means the National Policy Board established under Section 5;

(c) “broadcast media” means such media which originate and propagate broadcast and prerecorded signals by terrestrial means or through satellite for television and includes teleporting, provision of access to broadcast signals by channel providers and such other forms of broadcast media as the Authority may, with the approval of the Government, by notification in the official Gazette, specify;

(d) “Cable TV” means reception of broadcast and prerecorded signals from different channels and their

distribution to subscribers through a set of closed transmission;

(e) “channel” means the set of frequencies that a broadcast station occupies for broadcasting;

(f) “Division concerned” means the Division to which the business of this Act shall stands allocated;

(g) “electronic media” includes the broadcast media and distribution services;

(h) “Government” means the Federal Government;

(i) “media” means communication used regularly for broadcasting of information and expression of views and opinions through electronic media including state sponsored and private television channels for the purpose of this Act;

(j) “member” means a member of the Board and includes the Chairperson;

(k) “national broadcaster” means the Pakistan Broadcasting Corporation, the Pakistan Television Corporation and the Shalimar Recording and Broadcasting Company;

(l) “Pakistan sign language” is the preferred language of Pakistan’s deaf population holding the same status as minority spoken languages;

(m) “prescribed” means prescribed by the rules or regulations made under this Act;

(n) “regulations” means the regulations made under this Act; and

(o) “rules” means the rules made under this Act.

(2) The words and expressions used herein and not defined but defined in the Pakistan Electronic Media Regulatory Authority Ordinance, 2002 (XIII of 2002) or in any other law for the time being enforced shall have the same meanings as assigned to them in the respective laws and rules made thereunder.

3. Responsibility of the Authority.–(1) After six months of the commencement of this Act the Government shall not allow to broadcast any news bulletin on the national broadcaster, state or private run electronic media, private television channels, Cable TV or any other broadcast media without Pakistan sign language interpreters.

(2) After one year of the commencement of this Act, the Government shall not allow to broadcast any program, entertainment, advertisement, talk show, drama, film or any other pictorial segment on the national broadcaster, media, private television channels, Cable TV or any other broadcast media without Pakistan sign language interpreters.

4. Appointment of the Pakistan sign language interpreters.–The Government and private owned media houses, within six months, shall appoint and Pakistan sign language interpreters for carrying out the purposes of this Act.

5. Establishment of National Policy Board.–(1) The Government, after the commencement of this Act, within three months, shall constitute a Board to be known as the National Policy Board for the purposes of the access of media through Pakistan sign language to deaf persons.

(2) The Board shall consist of–

(a) Minister-in-Charge;

Chairperson

(b) Secretary of the Division concerned;

Member

(c) two members from the Senate, one each from Government and opposition;

Members

(d) two members from the National Assembly, one each from Government ad opposition;

Members

(e) Chief Executive or head of National Institute of Rehabilitation Medicine (NIRM);

Member

(f) one representative from Division concerned not below the rank of Joint Secretary;

Member

(g) Chairman of the Pakistan Electronic Media Regulatory Authority;

Member

(h) one representative from Ministry of Federal Education and Professional Training not below the rank of Joint Secretary;

Members

(i) one representative of the Division concerned not below the rank of Joint Secretary (BPS-20);

Member

(j) representative from the Deaf community in Pakistan, as nominated by the deaf;

Member

(k) representatives from organizations serving the Deaf community. Number of hearing representatives from these organization should not exceed 10% of the number of deaf representatives allocated in clause (j)

Members

(3) The member at clause (i) shall act as secretary of the Board as well.

(4) The Board shall co-opt any person as member.

(5) The secretariat of the Board shall be at main office of the Authority.

6. Procedure for transaction of business.–(1) The Board shall meet regularly at such time as the Chairperson thinks fit, but at least once in every six months.

(2) All decisions at a meeting shall be taken by majority:

Provided that in the case of equality of votes, the Chairperson or in his absence the person presiding shall have and can exercise a second or casting vote.

(3) If for any reason, the Chairperson is unable to attend a meeting of the Board, any member chosen by the members present from amongst themselves at the meeting shall preside.

(4) Quorum of the meeting shall not be less than fifty percent of its total membership at the time of such meeting.

(5) In the event of a requisition signed and presented by one-fourth of the members, the Chairperson shall call a meeting of the Board within seven days of such requisition, presented to the Chairperson.

7. Officers and other employees of the Board.–(1) The Authority after approval of the Government shall appoint officers and other employees of the Board on such terms and conditions as may be prescribed.

(2) The Secretary shall be responsible for proper administration of affairs of the Board and its day-to-day management and shall exercise and discharge such other-powers and perform such other functions as may be prescribed.

8. Function of the Board.–The Board shall have the responsibility to achieve and implement objectives of this Act and to assist the Government on all matters for the access of media to deaf persons.

9. Procedure of the Board.–(1) The Board shall regulate its own procedure.

(2) All orders and decisions of the Board shall be authenticated by the Secretary or any other officer of the Board duly authorized by the Chairperson in this behalf.

(3) The quorum for a meeting of the Board shall not be less than one half of the total membership of the Board.

(4) The decision of the Board 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.

10. Annual reports of the Board.–(1) The Board shall prepare an annual report on the access of media to deaf persons and shall lay the report before each House of Majlis-e-Shoora (Parliament).

(2) The Board may at any time submit special report, before each House of Majlis-e-Shoora, on any matter which, in its opinion, is of such urgency or importance that it should not be deferred till submission of the annual report.

(3) The Board shall assist the Government in preparation of its periodic report in accordance with international declarations, conventions, treaties, covenants and agreements relating to the access of media to deaf persons.

11. Funds of the Board.–(1) There shall be established by the Government a fund to be known as the access of media to deaf persons fund, which shall vest in the Board and shall be used by the Board to meet charges in connection with its functions under this Act.

(2) The sources of the Fund, amongst other moneys, may be the following, namely:-

(a) such fund as the Government shall allocate each year as a non lapsable grant in annual budget of the fund;

(b) such voluntary donations, contributions or subscriptions as be made by Provincial Governments;

(c) donations, if any, made by private individuals, national and international natural and juristic persons;

(d) income from investment by the Board as may be prescribed; and

(e) all other sums or properties or assets which my in any manner become payable to or vest in the Board in respect of any matter.

(3) The Board shall, while performing its functions and exercising its powers under this Act, ensure highest sense of prudence in respect of expenditures incurred from the Fund.

(4) The Fund shall be expended for the purposes of access of media to deaf persons and for such other activities which fall within purview of the Board.

(5) The Board may invest money from the Fund in accordance with instructions of the Government.

12. Accounts and audit of Board.–(1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Government.

(2) The Secretary of the Board shall be the Principal Accounting Officer of the Board and the accounts of the Board shall be audited by the Auditor General at such intervals as may be specified by him.

(3) The accounts of the Board, as certified by the Auditor General or any other person appointed in his behalf, together with the audit report thereon shall be forwarded annually to the Government by the Board and the Government shall cause the audit report to be laid, as soon as may be after it is received, before each House of the Parliament.

13. Power of the Government to issue directives.–The Government may, as and when it considers necessary, issue-directives to the Board on matters of policy and such directives shall be binding on the Board and if a question arises as to whether any matter is a matter of policy or not, the decision of the Government thereon shall be final.

14. Returns or information.–The Board shall furnish to the Government such returns or other information with respect to its activities as the Government may, from time to time, require.

15. Offences.–(1) Any broadcast media house, person, national broadcaster, media, state, private run media, private television channels, Cable TV or any other broadcast media violates or abets to violate any of the provision of this Act shall be guilty of an offence under this Act and shall be punished with fine which may extend to twenty thousand rupees per day but shall not be below three thousand rupees per day.

(2) In case of continuous violation of more thin six months, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine which shall not he below one hundred thousand rupees per month or both.

16. Power to make rules.–Within two months of the commencement of this Act, the Government shall, in consultation with the Authority and by notification in the official Gazette, make rules to carryout purposes of this Act.

17. Power to make regulations.–The Authority with the approval of the Board, may by notification in the official Gazette, make regulations for carrying out the purposes of this Act.

18. Power to remove difficulties and doubts.–If any difficulty or doubt arises in giving effect to the provisions of this Act, the Government may, by order in writing published in the official Gazette, make such provision as may appear to it to be necessary for removing the difficulty or doubt:

Provided that no order shall be made under this section after expiry of a period of three years from commencement of this Act.

19. Act to override other laws.–The provisions of this Act shall have overriding effect not withstanding anything contained in any other law for the time being in force.

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ACT NO. I OF 2023

PAKISTAN INSTITUTE OF MEDICAL SCIENCES (PIMS) ACT, 2023

An Act to repeal the Federal Medical Teaching
Institutes Act, 2021

[Gazette of Pakistan, Extraordinary, Part-I, 11th January, 2023]

No. F. 23(36)/2022-Legis., dated 11.1.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 3rd January, 2023 is hereby published for general information:–

WHEREAS it is expedient to repeal the Federal Medical Teaching Institutes Act, 2021 (XII of 2021);

It is hereby enacted as follows:–

1. Short title and commencement.–(1) This Act shall be called the Pakistan Institute of Medical Sciences (PIMS) Act, 2023.

(2) It shall come into force at once and shall be deemed to have taken effect on and from the commencement of the Federal Medical Teaching Institutes Act, 2021 (XII of 2021).

2. Definitions.–In this Act, unless there is anything repugnant in the subject or context,–

(a) “Division concerned” means the Division to which the business of this Act stands allocated under the Rules of Business, 1973;

(b) “Government” means the Federal Government;

(c) “hospital” means a teaching hospital as notified by the Federal Government or any authority authorized by it in this behalf, headed by an Executive Director, to be appointed by the Government in accordance with the provisions contained in the Civil Servants Act, 1973 (LXXI of 1 973) and Rules made thereunder;

(d) “prescribed” means prescribed by rules or regulations made under this Act; and

(e) “super specialty” means highly skilled medical professionals.

3. Super specialty.–The Government can engage highly skilled clinical medical professionals up to sixty five years of age having extra ordinary professional capabilities. Such highly skilled medical professionals shall be appointed on Management Pay Scales or any other special pay scale as may be prescribed by rules.

4. Removal of difficulties.–If a difficulty arises in giving effect to any of the provisions of this Act, the Government may, by notification in the official Gazette make such order as it deems necessary for removal of the difficulty:

Provided that this power shall not be exercised after two years of the commencement of this Act.

5. Overriding effect.–The Shaheed Zulfiqar Ali Bhutto Medical University Islamabad (Amendment) Act, 2018 (III of 2018) shall have override effect on the provision of this Act:

Provided that in case of any controversy between the provisions of this Act and the Shaheed Zulfiqar Ali Bhutto Medical University Islamabad (Amendment) Act, 2018 (III of 2018), the provisions of the Shaheed Zulfiqar Ali Bhutto Medical University Islamabad (Amendment) Act, 2018 (III of 2018) shall prevail.

6. Repeal and Savings.–(1) The Federal Medical Teaching Institutes Act, 2021 (XII of 2021) hereinafter referred to as the repealed Act, shall stand repealed.

(2) The Board formed pursuant to the repealed Act shall stands dissolved upon the commencement of this Act.

(3) All assets, rights, movable and immovable properties, records, cash, bank accounts, deposits etc. of the dissolved Medical Teaching Institute under the repealed Act shall stand transferred to the Division concerned which carrying the business under the Shaheed Zulfiqar Ali Bhutto Medical University Islamabad (Amendment) Act, 2018 (III of 2018) and shall be deemed to be assets, rights, properties, records, cash, bank accounts, deposits etc. of the Pakistan Institute of Medical Sciences Shaheed Zulfiqar Ali Bhutto Medical University Islamabad (Amendment) Act, 2018 (III of 2018).

(4) All liabilities, payables and receivables of the dissolved Medical Teaching Institute under the repealed Act shall be deemed to be the liabilities, payables and receivables to the Division concerned which carrying the business under the Shaheed Zulfiqar Ali Bhutto Medical University Islamabad (Amendment) Act, 2018 (III of 2018).

SCHEDULE-I

(See Section 6)

List of institutions (colleges and hospitals) declared as National medical institutions.

1. Pakistan Institute of Medical Sciences, Islamabad along with the Federal Medical College, Islamabad being a teaching hospital and college respectively of the Shaheed Zulfiqar Ali Bhutto Medical University, Islamabad.

2. Dental Hospital Islamabad and its School of Dentistry, being a teaching hospital/constituent college of the Shaheed Zulfiqar Ali Bhutto Medical University, Islamabad.

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ACT NO. II OF 2023

PUBLIC PROCUREMENT REGULATORY AUTHORITY (AMENDMENT) ACT, 2023

An Act, further to amend the Public Procurement Regulatory Authority Ordinance, 2002

[Gazette of Pakistan, Extraordinary, Part-I, 13th January, 2023]

No. F. 22(38)/2023-Legis.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 9th January, 2023 is hereby published for general information:–

WHEREAS, it is expedient further to amend the Public Procurement Regulatory Authority Ordinance, 2002 (XXII of 2002), for the purposes hereinafter appearing;

It is hereby enacted as follows:-

1. Short title and commencement.–(1) This Act shall be called the Public Procurement Regulatory Authority (Amendment) Act, 2023.

(2) It shall come into force at once.

2. Amendment in long title, Ordinance XXII of 2002.–In the Public Procurement Regulatory Authority Ordinance, 2002 (XXII of 2002), hereinafter called as the said Ordinance, in the long title, for the word “and” a comma shall be substituted and after the word “works”, the words “and disposal of public assets” shall be inserted.

3. Amendment in preamble, Ordinance XXII of 2002.–In the said Ordinance, in the preamble, in the first paragraph, for the word “and” occurring for the first time, a comma shall be substituted and after the word “works”, the words “and disposal of public assets” shall be inserted.

4. Amendment in Section 2, Ordinance XXII of 2002.–(1) In the said Ordinance, in Section 2,–

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

“(ca) “disposal” means auction, rental, lease, donations, destruction and recycling of public assets or any combination thereof;”;

(b) for the clause (e), the following shall be substituted, namely:–

“(e) “goods” means articles and objects of every kind and description including raw materials, products, equipment, machinery, spares, scraps, waste material and commodities in any form and includes all type of assets such as immovable property, physical objects in any form or matter, intangible assets, goodwill, intellectual property and proprietary right, as well as service incidental thereto if the value of these services does not exceed the value of such goods:”

(c) after clause (j), the following new clause shall be inserted, namely:–

“(ja) “public asset” means all types of goods owned and possessed by the procuring agency”; and

(d) for clause (l), the following shall be substituted, namely:–

“(l) “public procurement” means acquisition of goods, services or construction of any works financed wholly or partly out of the public fund and includes disposal of public assets and commercial transactions between procuring agency and private party, in terms of which the private party is allowed to:–

(i) perform a procuring agency’s assigned functions, including operations and management, on its behalf;

(ii) assume the use of public asset; or

(iii) receive a benefit either from budget or revenue of the Federal Government or from fees or charges to be collected by the private party for performing the procuring agency’s function or any combination thereof;”.

5. Insertion of Section 20A, Ordinance XXII of 2002.–(1) In the said Ordinance, after Section 20, the following new Section 20A shall be inserted, namely:–

“20A. Mechanism for grievance redressal.–The procuring agency shall, by rules and regulations made under this Ordinance, have a mechanism for grievance redressal of bidder during procurement.”.

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ACT NO. III OF 2023

ISLAMABAD CAPITAL TERRITORY PROHIBITION OF INTEREST ON PRIVATE LOANS ACT, 2023

An Act to prohibit the business and practices of private money-lending and advancing loans and transactions based on interest

[Gazette of Pakistan, Extraordinary, Part-I, 13th January, 2022]

No. F. 23(19)/2019-Legis., dated 11.1.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 9th January, 2023 is hereby published for general information:-

WHEREAS the injunctions of Islam as laid down in the Holy Qur’an and Sunnah have explicitly and unequivocally prohibited charging interest on loans and have declared war against those who do not abandon interest;

AND WHEREAS the Constitution of the Islamic Republic of Pakistan obliges the State to take steps to enable the Muslims of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam and to provide facilities whereby they may be enabled to understand the meaning of life according to the Holy Qur’an and Sunnah;

AND WHEREAS it is expedient to make a comprehensive Legislation on the subject for covering all the aspects of the mischief of private money lending and matters akin thereto;

It is hereby enacted as follows:-

1. Short title, extent and commencement.–(1) This Act may be called the Islamabad Capital Territory Prohibition of Interest on Private Loans Act, 2023.

(2) It extends to the Islamabad Capital Territory.

(3) It shall come into force at once.

2. Definitions.–In this Act, unless there is anything repugnant in the subject or context–

(a) “abetment” has the same meaning as assigned to it in Section 107 of the Pakistan Penal Code, 1860 (Act XLV of 1860);

(b) “borrower” or “debtor” means a person to whom a loan is advanced;

(c) “Code” means the Code of Criminal Procedure, 1898 (Act No. V of 1898);

(d) “financial institution” includes the State Bank of Pakistan, a commercial or investment bank, a leasing company, a modaraba or other concerns, so defined in terms of Section 2(a) of the Financial Institutions (Recovery of Finances) Ordinance, 2001 (Ordinance No. XLVI of 2001);

(e) “Government” means the Government of Pakistan;

(f) Interest” includes any amount, big or small, over the principal, in a contract of loan or debt, regardless of whether the loan is taken for purpose, of consumption or for some production activity, whether the same is charged or sought to be recovered specifically by way of interest or otherwise or found so to be recoverable by a competent Court;

(g) Interest based transactions” include transactions,–

(i) where differences in prices are exchanged without any intention of exchange of goods by the parties involved; or

(ii) where sale is made on credit for higher price and repurchase of the same for lower price on cash, basis by the original owner in a given transaction; or

(iii) where two prices are stipulated in the same deal that is to charge lower or discounted price for shorter period or given listed price for longer period by the buyer in a given transaction;

(h) “loan or debt” means an advance whether of money or in kind, where the repayment is guaranteed on demand or after a specified period;

(i) “Molest”–a person shall be deemed to molest another person if he,–

(i) obstructs, or uses violence or criminal force to or criminally intimidates, such other person;

(ii) interferes with any property owned or used by him or deprives him of, or hinders him in the use of any such property; and

(iii) does any act calculated to intimidate the members of the family or such other person;

(j) “money lender” means a person, other than the Federal or Provincial Government or a financial institution, who lends money on interest or deals in interest based transactions and includes any person appointed by him to be in-charge of a branch office or branch offices or a liaison office or any other office by whatever name called, of his principal place of business and a pawn broker who carries on the business, of taking goods and chattels In pawn or pledge for a loan, offering payday loans, small personal loans or credit chits;

Explanation.–Where a money lender is resident outside the Islamabad Capital Territory, the agent of such person resident in that area, shall be deemed to be the money lender in respect of that business for the purposes of this Act;

(k) “Prescribed” means prescribed by the Rules made under this Act;

(l) “principal amount” in relation to loan means the amount actually lent to the debtor; and

(m) “Rules” means the Rules made under this Act

3. Prohibition of Private Money Lending.–(1) No money lender either individually or in group of persons shall lend money for any purpose or advance loan to any person for the purpose of receiving interest thereon, nor shall carry on an interest based transaction in the Islamabad Capital Territory.

(2) Whoever contravenes the provisions of sub-section (1) shall be punished with imprisonment of either description which may extend to ten years but shall not be less than three years and shall also be liable to fine not exceeding one million rupees.

4. Punishment for Abetment.–Whoever intentionally and willfully abets, engages, assists or aids the money lender in lending money or in recovery of interest or in interest based transaction in contravention of sub-section (1) of Section 3 shall also be liable to the same punishment as provided in sub-section (2) of Section 3 of this Act.

5. Punishment for Molestation.–Whoever molests any borrower or debtor, whether on his own behalf or on behalf of anybody else with intention to force such borrower or debtor to pay back any loan or debt or any part thereof or any interest thereupon, shall be punished with imprisonment of either description for is term which may extend to five years and shall also be liable to fine up to five hundred thousand rupees.

6. Complaint.–A justice of peace shall, within three days on receipt of any application or complaint with regard to the commission of an offence under this Act, order the local police to, register a case against such person or group of persons.

7. Liability to pay interest on debt to stand extinguished.–On the commencement of this Act, every obligation of any debtor or borrower to pay interest on debt or such part of interest shall stand extinguished.

8. Offences to be tried by Court.–No Court inferior to that of Judicial Magistrate of the first class shall try an offence under this Act.

9. Cognizance of offences.–Notwithstanding anything to the contrary contained in the Code or any other law for the time being in force an offence under this Act shall be cognizable, non-compoundable and non-bailable.

10. Adjustment of principal amount.–The trial Court, if it is proved that the money lender committed an offence under this Act, shall order that the interest already paid to the money lender is considered as payment towards the principal amount:

Provided that where the amount or interest paid by a borrower exceeds the principal amount, the Court shall order the money lender to return such excess amount to the borrower.

11. Recovery of sums.–Where penalty imposed on money lender under this Act or the amount ordered to be returned, is not paid,–

(a) the Court may order to recover the amount so payable by selling the assets belonging to such person; and

(b) in case the amount cannot be recovered from such person in the manner provided in paragraph (a) the Court may prepare and sign a certificate specifying the amount due from such person and send it to the collector of the district in which such person owns any property or resides or carries on business; and the collector of the district on receipt of such certificate shall proceed to recover from the said person the amount specified in the certificate as if it is an arrear of land revenue.

12. Appeal.–Save as provided, any person aggrieved by any decision given, sentence passed or order made by the trial Court under this Act, may within thirty days of such decision, sentence or order prefer an appeal under the provisions contained in Chapter XXXI of the Code.

13. Power to deposit in Court money due on loan.–(1) Where any lender, whether a money lender as defined in this Act or otherwise, refuses to accept the whole or any portion of the money or other property due in respect of his loan without payment of interest, the debtor may deposit the said money or property into the Court having jurisdiction to entertain a suit for recovery of such loan and apply to the Court record full or part satisfaction of the loan, as the case may be.

(2) Where any such application is made, the Court shall, after due inquiry, pass orders recording full or part-satisfaction of the loan as the case may be.

(3) The procedure laid down in the Code of Civil Procedure, 1908, (Act No. V of 1908), for the trial of suits shall, as far as may be, apply to applications under this section.

(4) An appeal shall, lie from an order passed, by a Court under sub-section (2) within thirty days excluding the time for obtaining a certified copy of the order as if such an order relates to the execution, discharge or satisfaction of a decree within the meaning of Section 47 of the Code of Civil Procedure, 1908 (Act No. V of 1908).

14. Act to override other laws, etc.–The Provisions of the Act shall have effect notwithstanding anything contained in any other law for this time being in force or in any instrument having effect by virtue of any such law.

15. Indemnity.–No suit, prosecution or other legal proceeding shall against any person for anything which is in good faith done or intended to be done in pursuance of this Act or of any Rules made thereunder.

16. Power to make rules.–The Federal Government may, by notification in the Official Gazette and within one hundred and twenty days from the commencement of this Act, make Rules for carrying out the purposes of this Act.

17. Interpretation.–In the interpretation and application of the provisions of this Act, and in respect of matters ancillary or akin thereto, the Court shall follow the injunctions of Islam as laid down in the Holy Qur’an and Sunnah.

18. Repeal.–The West Pakistan Private Money Lenders Ordinance, 1960 (W.P. Ordinance XXIV of 1960) shall be repealed.

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ACT NO. IV OF 2023

PAKISTAN MEDICAL AND DENTAL
COUNCIL ACT, 2022

An Act to reconstitute the Medical and Dental Council in Pakistan

[Gazette of Pakistan, Extraordinary, Part-I, 16th January, 2023]

No. F. 23(34)/2022-Legis., dated 13.1.2023.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 12th January, 2023 is hereby published for general information:–

WHEREAS it is expedient to consolidate the law relating to the registration of medical practitioners and dentists and reconstitute the Medical and Dental Council in Pakistan in order to establish a uniform minimum standard of basic and higher qualifications in medicine and dentistry;

It is hereby enacted as follows:–

1. Short title, extent and commencement.–(1) This Act shall be called the Pakistan Medical and Dental Council Act, 2022.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

2. Definitions.–In this Act, unless there is anything repugnant in the subject or context,–

(a) “approved hospital or institution” means a hospital or an institution included in the Fourth Schedule;

(b) “council” means the Pakistan Medical and Dental Council constituted under this Act;

(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) be relevant to the practice of registered medical or dental practitioner.

(d) “committee” means any committee constituted under this Act and includes executive committee;

(e) “continuous professional development opportunity provider” means an organization providing continuous professional development opportunities and included in the Fifth Schedule;

(f) “dental institution” means and institution, recognized under this Act, within or outside Pakistan, which trains for, or grants, or both trains for and grants, degrees or diplomas in dentistry;

(g) “division concerned” means the division to which business of this Act stands allocated;

(h) “full registration” means a permanent registration to practice granted under this Act, subject to continuing validity of the registration under this Act and applicable rules and regulations;

(i) “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 this Act;

(j) “medical institution” means any institution recognized under this Act, within or outside Pakistan, which trains for or grants, or both trains for and grants, degrees or diplomas in medicine;

(k) “medicine” means modem scientific medicine and includes surgery and other disciplines, but does not include veterinary medicine and its surgery;

(l) “medical and dental colleges admissions tests” or “MDCAT” means the medical and dental college admission tests, as defined in Section 17;

(m) “national equivalence board examination” or “NEB” means the national equivalent board examination, as defined in Section 19;

(n) “national registration examination” or “NRE” means national registration re-examination, as defined in Section 18;

(o) “Pakistan university” means any university established under a Pakistan law and having a constituent medical or dental college or both;

(p) “President” means President of the Council;

(q) “provisional registration” means a registration granted to enable training and education prior to grant a full registration and subsequent to having qualified the national registration examination under this Act;

(r) “prescribed” means prescribed by rules and regulations;

(s) “recognized medical qualification” means, any basic medical qualification included in the First Schedule;

(t) “recognized dental qualification” means any basic dental qualification included in the Third Schedule;

(u) “recognized additional medical or dental qualification” means any additional medical or dental qualification included in the Second Schedule;

(v) “register” means the register of medical practitioners maintained under Section 36 or the register of dental practitioners maintained under Section 37;

(w) “registered medical practitioner” means a medical practitioner whose name is included in the register maintained under Section 36;

(x) “registered dental practitioner” means a dental practitioner whose name is included in the register maintained under Section 37;

(y) “regulations and rules” mean regulations and rules made under this Act;

(z) “registerable qualifications” mean medical or dental qualifications recognized under this Act; and

(za) “specialists boards” mean recognized specialist hoards included in the Sixth Schedule.

3. Constitution and composition of the Council.–(1) The Prime Minister shall, by notification in the official Gazette, constitute the Council consisting of the following members, namely:–

(a) three members of civil society nominated by the Prime Minister on recommendations of the Minister-in-charge of the division concerned, that is to say,–

(i) one member shall be a philanthropist who is a professional of known integrity and eminence with a minimum of fifteen years of related experience in the field of philanthropist;

(ii) one member from legal profession of known integrity and eminence with a minimum of fifteen years of experience in the field of law as a practicing lawyer or a retired High Court Judge; and

(iii) one member who shall be a chartered accountant of known integrity and eminence with a minimum of fifteen years of related experience in the field of accountancy;

(b) five members being licensed medical practitioners one of whom shall be a dentist, all of them having fifteen years of teaching experience which may include the vice-chancellor or dean or principal of any medical university or medical and dental institute or teaching hospital or post graduate medical institution but shall not be the owner or shareholder or administrator of any private medical and dental university or private medical and dental college or private institute to be nominated by the Prime Minister on recommendations of the Minister in-charge;

(c) one member being the surgeon general of the armed forces medical services;

(d) the secretary of the division concerned;

(e) secretaries, health departments of all four Provinces; and

(f) one member to be elected by the Council of the College of Physicians and Surgeons of Pakistan.

(2) The division concerned shall call first meeting of the Council within fifteen days after its Constitution under sub-section (1).

(3) Subject to sub-section (4) of Section 5, the President of the Council shall be appointed by the Prime Minister on the recommendations of the Minister-in-charge from amongst the members under clause (b) of sub-section (1).

(4) No member shall enter upon office until he signs and submits a declaration of no conflict of interest.

(5) The President shall be the head of the secretariat of the Council.

(6) No Act of the Council shall be invalid on the ground merely of existence of any vacancy, in or any defect in the Constitution, of the Council.

(7) In absence of the President, the meeting of the Council shall be chaired from any of the members of clause (b) of sub-section (1) as the members present may elect.

(8) The Registrar of the Council shall Act as secretary of the Council.

4. Mode of election.–(1) An election under this Act shall be conducted by the Council on such terms and conditions as may be prescribed.

(2) Where any dispute arises regarding election for the presidency of the Council it shall be referred to the Federal Government through Minister in-charge whose decision thereon shall be final.

5. Restrictions on nominations and election.–(1) No person shall be eligible for nomination under clauses (a), (b), (c) and (f) 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 under clause (b), of sub­section (1) of Section 3, unless he resides in the Province or area concerned.

(3) 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.

(4) No member shall be eligible for the election of presidency of the Council unless he is a registered medical practitioner.

6. Incorporation of the Council.–The Council constituted under Section 3 shall be a body corporate by the name of the Pakistan Medical and Dental Council, having perpetual succession and a common seal with power to acquire and hold property both movable and immovable, and to contract, and shall by the said name sue and be sued. The Council shall be a regulatory body for regulating medical and dental profession, medical and dental education and institutions.

7. Terms of office.–(1) The term of a member nominated or elected to the Council shall be four years unless earlier withdrawn by the nominating. No member of the Council shall serve for more than two terms.

(2) The President of the Council shall hold office either for a term not exceeding three years or till completion of their term as member of the Council whichever is earlier.

(3) If a member fails to attend three consecutive meetings of the Council without any valid reason or remains out of Pakistan for a continuous period exceeding one year, he shall cease to be the member of the Council.

(4) Where the said term of four years is about to expire in respect of any member, their successor may be nominated or elected at any time within three months before the expiry of said term, but the successor shall not assume office until the expiry of the said term.

(5) An office-bearer or nominated member may, at any time, resign from 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.

(6) A vacancy in the Council shall be filled by the respective nominating authority. Any nomination required to fill a vacancy shall be submitted within fifteen days of such vacancy having occurred. The nomination shall be for the remaining period of the member.

8. Meetings of the Council.–(1) The Council shall meet as often as required but at least once in every three months at such time and place as may be decided by the President. A notice of the meeting shall be issued fourteen days prior to the meeting with the exception of emergency meeting which may be called with requisition of minimum of seven members of the Council for which reasons shall be recorded in writing and conveyed to the division concerned.

(2) Decision of majority members of the Council present and voting shall be construed a decision of the Council.

(3) Seven members of the Council shall constitute a quorum for meetings of the Council.

9. Powers and functions of the Council.–(1) The Council shall have the functions and powers of general supervision over the working of the Council and shall hold the President of the Council, national medical and dental academic board, committees and other authorities accountable for all its functions. The Council shall have all powers not expressly vested in any other authority or officer by any other law where such powers not expressly mentioned in this Act are necessary for the performance of its functions.

(2) Without prejudice to the generality of the foregoing powers and notwithstanding anything contained in any other law for time being in force, the Council shall have the following functions and powers, namely:–

(a) to appoint the members, officers and employees of the Council on such terms and conditions as the Council deems necessary to carry out the purpose of this Act and to provide for all matters relating to welfare, terms and conditions of service of the members, officers and employees of the Council in accordance with regulations made by the Council and including the right to institute a voluntary, golden handshake scheme;

(b) to approve the proposed annual plan of work including key performance indicators, the annual and revised budgets, the annual report and the annual statement of accounts;

(c) to approve strategic plans and approve financial resource development plans of the Council;

(d) to approve accreditation standards, for under-graduate medical and dental programs of study based in Pakistan;

(e) to approve curriculum and scope of under-graduate medical and dental programs of study in Pakistan leading to general registration of the graduates of those programs to practice medicine and dentistry in Pakistan;

(f) to make rules and regulations for the conduct of admission in medical and dental colleges and examinations to be conducted by each province, Islamabad Capital Territory and Gilgit-Baltistan and approve the examination structures and standards of the national registration examination and the national equivalence board examination as proposed by the national medical and dental academic board including the standards of renewal and revalidation of registrations to practice medicine or dentistry in Pakistan;

(g) to grant recognition to medical and dental institutions in Pakistan which train or grant or both train and grant medical and dental post graduate qualifications and to the qualifications granted by these institutions leading to registration of the graduates of those programs to practice medicine and dentistry in Pakistan as specialists;

(h) to approve the assessment of international under-graduate medical programs and institutions for registration of their graduates in Pakistan;

(i) to approve the assessment of authorities or institutions in other countries that conduct examinations for post graduate registration in medicine and dentistry or that accredit post graduate programs of study relevant to registration in medicine and dentistry;

(j) to approve listing for any new medical and dental specialists;

(k) to hear and decide complaints against licences of professional negligence and misconduct in accordance with regulations prescribed by the Council;

(l) to provide non-binding advice to the Federal Government through Minister-in-charge and the Provincial Governments and the Majlis-e-Shoora (Parliament) when sought on proposals for granting a charter by the Majlis-e-Shoora (Parliament) to award post graduate degrees in the field of medicine and dentistry, both in public and private sector;

(m) to advise the Federal Government through Minister-incharge and the Provincial Governments, health-care commission, regulatory bodies m the field of medicine and dentistry and any other authority or local body on matters within the powers of the Commission under this Act and ancillary and incidental thereto;

(n) to work with international health, accreditation and testing authorities and agencies to bring about improvement in the furtherance of these objectives;

(o) to determine the remuneration and allowances to be paid to the members of the Council and board;

(p) to fix the salaries, remuneration and benefits of the officers and employees of the Council;

(q) to constitute, from amongst its members or outside experts, such committees as the Council deems necessary to carry out the purposes and functions of the Council;

(r) to levy fees for grant, renewal or re-validation of licences, examinations, registrations, inspections, permissions, process and any and all other ancillary services as may be performed by the Council in accordance with regulations prescribed by the Council subject to being in consonance with the purposes of providing the operational cost and long term financial sustenance and strength of the Council in accordance with the financial and development plans approved by the Council;

(s) to determine, in addition to penalties already provided for under this Act, the quantum of penalties in respect of any violation or offence pursuant to this Act or as may be provided for in accordance with regulations prescribed by the Council subject to the quantum being a fair compensation for the wrong caused and a deterrent to future violations of similar nature by any person;

(t) to hear appeals against any order, act or decision of the national medical and dental academic board; and

(u) to do all such matters as are ancillary including issuance of policies or making of regulations, convenient for or which foster or promote the advancement of matters that are the subject of these objectives and this Act.

(3) The Council may, of its own motion or otherwise, call for and examine the record of any proceedings in which an order has been passed by any officer, committee or board of the Council for the purpose of satisfying itself as to the correctness, legality or propriety or any finding or order and may pass such orders as it may deem fit:

Provided that no such order shall be passed unless the person to be affected thereby is afforded an opportunity of being heard.

10. Composition of national medical and dental academic board.­-(1) The board shall comprise the following members to be notified after approval by the Federal Government through Minister-in-charge in the official Gazette, namely:-

(a) the Chairman, Higher Education Commission of Pakistan;

(b) the President of the College of Physicians and Surgeons of Pakistan;

(c) two deans or heads of department of a public medical university or college nominated by each Provincials Government, Islamabad Capital Territory and Gilgit-Baltistan from amongst the universities located in the respective province or area;

(d) one dean or head of department of a private medical university or college nominated by each Provincial Government, Islamabad Capital Territory and Gilgit-Baltistan from amongst the universities located in the respective province or area;

(e) one dean or head of department of a public dental university or college nominated by each Provincial Government, Islamabad Capital Territory and Gilgit-Baltistan from amongst the universities located in the respective province or area;

(f) one dean or head of department of a private dental university or college nominated by each Provincial Government, Islamabad Capital Territory and Gilgit-Baltistan from amongst the universities located in the respective province or area; and

(g) the principal of the Army Medical College.

(2) After the notification of the members of the board, the Council shall forthwith and not later than fifteen days from the issuance of notification call the first meeting of the newly constituted board.

(3) A dean of public sector medical university or teaching hospital or post graduate medical institution shall be the ex-officio Chairman of the board to be nominated by the Council.

(4) No act done by the board shall be invalid on the ground merely on existence of any vacancy in, or any defect in the Constitution of, the board.

11. Term of office of board member.–(1) The term of a board’s member shall be four years unless earlier withdrawn by the nominating or appointing authority for reasons to be disclosed to the member prior to such withdrawal. No member of the board shall serve for more than two consecutive terms.

(2) If a member nominated to the board under clauses (c), (d), (e) and (f) of sub-section (1) of Section 10 fails to attend three consecutive meetings of the board without any valid reason or remains out of Pakistan for a continuous period exceeding one year, he shall cease to be the member of the board and the nominating authority shall be required to nominate a new member in accordance with Section 10.

(3) A member shall be removed by the division concerned, if–

(a) his name has been removed from the register of practitioners as a result of inquiry under this Act; or

(b) he becomes insane or is declared un-discharged insolvent by a competent Court; or

(c) he is convicted of a criminal offence involving moral turpitude, including unprofessional and un-ethical conduct under this Act; or

(d) his nomination is withdrawn in accordance with sub-section (1).

(4) If the membership of a member is called in question, on any of the reasons provided for under sub-section (3), his membership shall be deemed suspended until the issuance of a notification of removal by the division concerned under sub-section (1).

(5) Where the said term of four years is about to expire in respect of any member, his successor may be nominated at any time within three months before the expiry of said term, but the successor shall not assume office until the expiry of the said term.

(6) A nominated member may, at any time, resign from his membership by writing under his hand address to the President of the Council and the seat of such member shall be deemed to have fallen vacant from the date of acceptance of his resignation by the President.

(7) A vacancy in the board shall be filled through the prescribed process of nomination under Section 10 and the person nominated to fill the vacancy shall hold office for the remaining term of the vacancy. Any nomination required to fill a vacancy shall be submitted within fifteen days of such vacancy having occurred.

12. Meetings of the board.–(1) The board shall meet at least once in three months at the office of the Council on such date and at such time as may be decided by the Chairman. A notice of the meeting shall be issued at least fourteen days prior to the meeting.

(2) A meeting of the board for a specific purpose may be called by the Council at a date and time to be determined by the President of the Council in consultation with the Chairman of the board. In the absence of Chairman of the board, any member may preside over the meeting with the consensus of the present members.

(3) A minimum of two-thirds of the members of the board shall form a quorum and all of the acts of the board shall be decided by a majority of the members present and voting.

(4) The registrar of the Council shall act as secretary of the national medical and dental academic board.

13. Powers and functions of the board.–(1) The board shall have the following functions and powers, namely:–

(a) to formulate accreditation standards, for undergraduate medical and dental programs of study based in Pakistan and recommend to the Council for its approval;

(b) to formulate curriculum and scope of under-graduate medical and dental programs of study in Pakistan leading to general or specialist registration of the graduates of those programs to practice medicine and dentistry in Pakistan and recommended to the Council for its approval;

(c) to formulate the examination procedure and structure for the MDCAT to be conducted by the respective provinces for approval of the Council;

(d) to formulate the examination structure and standards for the NEB examinations of different levels and to set up and authorize a committee of not less than three persons to formulate the NEB examination papers for approval of the Council;

(e) to formulate and recommend to the Council for its approval the standards, scope and structure of the registration re-validation standards (LRS) and to formulate the necessary procedures for re-validation of registrations;

(f) to review and issue recommendations in respect of the academic standard of any foreign institution referred by the Council; and

(g) to recommend to the Council matters pertaining to policies for improvement of the quality of medical and dental practitioners and health-care in Pakistan.

14. Registrar of the Council.–(1) The Council shall appoint through a transparent process on merit a registrar who shall act as the registrar to the Council and the board in the prescribed manner.

(2) The registrar shall maintain all records of the Council and the board including recording and issuing the minutes of all meetings of the Council and the board in real time and as approved at the relevant meeting and shall under his signatures issue all notifications and decisions of the Council and the board as and when necessary.

(3) The registrar shall be the custodian of the common seal of the Council.

(4) The registrar shall cause to be displayed on the website of the Council all minutes of the meetings of the Council and the board as approved, audited accounts of the Council and all notifications and decisions of the Council and the board.

15. Committee of the Council.–The Council and the board shall have the power to constitute necessary committees comprising its members and such other persons as the Council and the board deem proper for undertaking the functions of the Council or to advise and assist the Council and the board in exercise of its powers.

16. Executive committee.–(1) The executive committee shall consist of nine maximum members, of whom seven shall be elected by the Council from amongst its members and of which at least one shall be from a dental university or college and one from the medical university. The President shall have the power to co-opt a maximum of two additional members to the Committee.

(2) The President of the Council shall be ex-officio member of the executive committee and shall be its President.

(3) In addition to the power and duties conferred and imposed upon it by this Act, 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.

17. Medical and Dental Colleges Admission Tests (MDCAT).–(1) Each province, Gilgit-Baltistan and Islamabad Capital Territory as per the policy and standards approved by the Provincial Governments and Federal Government respectively shall conduct on the dates approved by the Council, a single admission test based on the intermediate or equivalent syllabus for all students seeking admission in undergraduate programs both in public and private medical and dental colleges and universities.

(2) No student shall be awarded a medical or dental degree in Pakistan who has not passed the MDCAT prior to obtaining admission in a medical or dental college in Pakistan:

Provided that the mandatory requirement of MDCAT shall not apply to students seeking admission on a special program seat predefined exclusively for foreign students and on the seats reserved for overseas Pakistanis.

(3) The admission to medical and dental programs conducted by public and private colleges and universities shall be regulated as per the policy and standards of the Federal Government through Minister-incharge, Provincial Government and Gilgit-Baltistan strictly on merit. However, private colleges may take any additional entrance test subject to any condition imposed by the relevant university to which such college is affiliated:

Provided that the marks obtained by a student in MDCAT conducted by the province shall constitute a minimum of fifty percent of the weightage for the purposes of admission in the public and private colleges.

(4) The MDCAT result of one province shall be valid for the entire country and shall be valid for a period of three years. Each province, Gilgit­Baltistan and Islamabad Capital Territory shall give preference to the students having domicile of their respective province or territory as the case may be.

(5) Admissions on vacant seats shall be decided by the respective Provincial Government and respective authority in case of Gilgit-Baltistan and Islamabad Capital Territory.

18. National Registration Examination (NRE).–(1) The Council shall at least twice a year as per schedule approved by the Council conduct the NRE for Pakistani foreign graduate students. Passing the NRE shall be mandatory for obtaining a full registration. The NRE shall be substantially based on objective computer based multiple choice questions and a practical component if determined by the Council:

Provided that there shall be no limit on the number of times a person may attempt the NRE.

(2) A person, having obtained an undergraduate medical or dental qualification issued by a foreign university or an undergraduate medical or dental qualification issued by a foreign institution duly recognized by the Council, shall be granted a provisional registration to undertake his house job within fourteen days of verification of their qualification by the granting institution:

Provided that the person to whom a provisional registration is granted shall complete the mandatory requirement of passing the NRE at any time prior to issuance of full registration of foreign Pakistani graduates.

(3) Any medical or dental practitioner who has obtained a registration to practice in any foreign country after having qualified from a foreign institution recognized by the Council shall be required to qualify the NRE for grant of a full registration to practice in Pakistan.

19. National Equivalence Board Examination (NEB).–(1) The Council shall at least twice a year as per schedule approved by the Council conduct the NEB to assess and oversee the assessment of the knowledge, clinical skills and professional attributes of students who have partially completed a medical and dental program in a foreign institution and are seeking transfer to and admission in a medical or dental college in Pakistan. The NEB shall be substantially based on objective computer based multiple choice questions.

(2) Any student who has been enrolled by a medical or dental institution or college outside Pakistan and has completed more than two years of the program may seek transfer and admission to a medical or dental college in Pakistan subject to qualifying the relevant standard of the NEB for the prescribed period of each program of study pursuant to which the student shall be qualified to obtain admission in the immediately subsequent year.

(3) A student shall be required to take the NEB within twelve months of having left his program of study outside Pakistan in order to be eligible for admission to a medical or dental college in Pakistan.

20. Standards of medical and dental education.–(1) All universities shall ensure that all medical and dental colleges at the time of seeking affiliation fulfill and thereafter consistently maintain the accreditation standards including the maximum students in each year permitted consequent to the accreditation standards for undergraduate medical and dental programs of study based in Pakistan as formulated by the board and approved by the Council:

Provided that every private medical and dental college seeking affiliation shall be body corporate registered as a limited company under the Companies Act, 2017 (XIX of 2017).

(2) All universities shall ensure that all affiliated or constituent colleges conduct programs of study for grant of undergraduate medical or dental degrees as per the curriculum and scope of undergraduate medical education prescribed by the board and approved by the Council.

(3) All universities shall ensure that all affiliated or constituent colleges within thirty days of completing their admissions each year provide to the Council particulars of the students enrolled and further provide any change in the status of the students during the students’ period of studies including discontinuation of studies or transfer to another college within fifteen days of such change occurring.

(4) All universities shall within ten days of students having successfully completed the program of study and passed their final examinations inform the Council verifying the results to enable the students to be registered.

(5) The standard and structure of faculty shall be regulated as prescribed by the national medical and dental academic board of Pakistan or any other law applicable to a teaching institution subject to the minimum standards determined by the board.

(6) Any violation by a medical or dental college shall be actionable by the Council in accordance with regulations as may be prescribed.

(7) All medical and dental colleges shall, at least three months prior to initiating the annual admissions process, publicly declare the fixed tuition and all ancillary fee structure on an annual basis for the entire program of study in which the students are seeking enrolment and which fee structure shall not be enhanced during the students period of enrolment at the college. No medical or dental college shall seek, demand or receive from a student or a student’s family, directly or indirectly, any donation or other payment prior to or at the time of admission or thereafter during the period of the students continuing enrolment at the college whether as consideration for grant of admission or otherwise.

(8) At the beginning of each year, medical and dental colleges in respect of their undergraduate medical or dental program shall submit their annual financial statements for the previous year and any other years required by the Council, proposed fee structure and its justification to the Council.

(9) The private medical and dental college may obtain affiliation with any university having a medical faculty, duly recognized by the national medical and dental academic board subject to such university’s territorial jurisdiction.

21. Recognition of medical institutions and qualifications.–(1) The Federal Government through Minister-in-charge may grant recognition to any medical institution in Pakistan which trains or grants or both trains and grants medical qualifications and the qualifications granted by them. All such recognized medical institutions or qualifications shall be included in the First Schedule the Federal Government through Minister-in-charge by notification in the official Gazette.

(2) lf 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 through Minister-in-charge for the same.

(3) The Federal Government through Minister-in-charge 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 through Minister-in-charge after assessing the institution and the qualification as per prescribed procedure. Upon receiving recommendations from the Council, the Federal Government through Minister-in-charge 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.

22. Recognition of hospitals or institutions for house job or internship or foundation year training.–(1) The Federal Government through Minister-in-charge may grant recognition to any hospitals or institutions in Pakistan which train for house job or internship or foundation year. All such recognized hospitals or institutions shall be included in the Fourth Schedule by the Federal Government through Minister-in-charge by notification in the official Gazette.

(2) If any hospital or institution in Pakistan intends to get recognition of the hospital or institution which trains for house job, internship or foundation year in pursuance of sub-section (1), it shall apply to the Federal Government through Minister-in-charge for the same.

(3) The Federal Government through Minister-in-charge 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 through Minister-in-charge after assessing the hospital
or institution as per prescribed procedure. Upon receiving recommendations from the Council, the Federal Government through Minister­in-charge 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 hospital or institution, declaring that it shall be a recognized hospital or institution only when granted after the date of notification.

23. 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 or dental education in Pakistan or postgraduate degrees or any matter or prospect related to the medical or dental profession.

24. Power of the Council to certify certain persons to be possessed of sufficient medial qualification.–(1) If after conducting national registration examination by the board, 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 Act, it may recommend to the Federal Government through Minister-in-charge 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 Schedule of this Act.

(2) The Council shall register the qualification granted by a medical institution outside Pakistan, possessed by the person by maintaining a separate list in the register.

25. Additional medical or dental qualifications.–(1) The Federal Government through Minister-in-charge may grant recognition to any post­graduate 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 Second Schedule by the Federal Government through Minister-in-charge by notification in the official Gazette.

(2) If any post-graduate medical or 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 through Minister-in-charge 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 Second Schedule.

(3) The Federal Government through Minister-in-charge 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 board shall form recommendations for the Federal Government through Minister-incharge after assessing the institution and the qualification as per prescribed procedure. Upon receiving recommendations from the Council, the Federal Government through Minister-in-charge 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 Second Schedule against such institution and additional medical or dental qualification granted by it, declaring that it shall be a recognized post-graduate medical or dental institution and additional medical or dental qualification only when granted after the date of notification.

26. Recognition of foreign additional medical or dental qualification.–The Council shall evaluate any additional medical or dental qualifications granted by any foreign institution and may–

(a) recommend to the Federal Government through Minister-in-charge that such institution or qualification be–

(i) recognized and included in the Second Schedule as specified in Section 25; or

(ii) notified only and shall not be included in the Second Schedule, however, a separate list thereof shall be maintained; or

(b) proceed as per Section 24 or 30, as the case may be.

27. Recognition of continuous professional development opportunity providers.–(1) The Federal Government through Minister-in-charge may grant recognition to any organization in Pakistan, which provides opportunities of continuous professional development to the registered medical and dental practitioners. All such recognized organizations shall be included in the Fifth Schedule by the Federal Government through Minister-in­charge by notification in the official Gazette.

(2) If any organization in Pakistan, which provides opportunities of continuous professional development to the registered medical and dental practitioners, intends to get recognition of the organization in pursuance of sub-section (1) it shall apply to the Federal Government through Minister-in-charge for the same.

(3) The Federal Government through Minister-in-charge 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 through Minister-in-charge after assessing the institution and the qualification as per prescribed procedure. Upon receiving recommendations from the Council, the Federal Government through Minister-in-charge 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 continuous professional development opportunities providing organizations shall be maintained by the Council.

28. Role of specialists boards.–(1) The Federal Government through Minister-in-charge 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 Sixth Schedule by the Federal Government through Minister-in-charge by notification in the official Gazette.

(2) The Council shall authorize a specialists board constituted as per prescribed procedures and shall form recommendations for the Federal Government through Minister-in-charge. Upon receiving recommendations from the Council, the Federal Government through Minister-in-charge 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.

29. Recognition of medical and dental institutions and qualifications.–(1) The Federal Government through Minister-in-charge may grant recognition to any medical and dental institutions in Pakistan which train or grant or both train and grant medical and dental qualifications and the qualifications granted by them. All such recognized medical and dental institutions or qualifications shall be included in the Third Schedule by the Federal Government through Minister-in-charge by notification in the official Gazette.

(2) If any medical and dental institution in Pakistan intends to get recognition of the institution which trains or grants or both trains and grants medical and dental qualifications or qualification granted by it in pursuance of sub-section (1) it shall apply to the Federal Government through Minister-in-charge for the same.

(3) The Federal Government through Minister-in-charge 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 through Minister-in-charge after assessing the institution and the qualification as per prescribed procedure. Upon receiving recommendations from the Council, the Federal Government through Minister-in-charge 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 medical and dental qualification granted by it, declaring that it shall be a recognized medical and dental institution and medical and dental qualification only when granted after the date of notification.

30. Power of the Council to certify certain persons to be possessed of sufficient dental qualifications.–(1) If after conducting NRE by the board, 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 Act, it may recommend to the Federal Government through Minister-in-charge 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 Act.

(2) The Council shall register the qualification granted by a dental institution outside Pakistan, possessed by the person by maintaining a separate list in the register.

31. 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 Act, 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.

32. Inspection.–(1) The executive committee constituted by the Council 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 he 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 Act for the purpose of granting recognized medical or dental or additional medical or dental 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 examinations 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 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.

33. Withdrawal of recognition.–(1) If a recognized institution is violating provisions of this Act and rules 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 of 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 intend 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 through Minister-in-charge 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 case may be.

(3) On the recommendations of the Council, the Federal Government through Minister-in-charge may, by notification in the official Gazette, direct that an entry shall be made in the First, Second, Third, Fourth or Fifth 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.

34. 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 dental 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 Act.

35. 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 21, 22, 25, 26 or 29 or in respect of which recognition has been withdrawn under Section 33, 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 twenty million rupees, but shall not be less than ten million rupees, or with both and shall also be liable to closure of such institution.

(2) Where any contravention of this Act 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 Act, 2017 (XIX of 20l7), as amended from time to time, 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) as amended from time to time, or under the Co-operative Societies Act. 1912 (II of 1912), as amended from time to time.

(3) Where any contravention of this Act 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 along with the Government agency, local authority or local council and shall be liable to be proceeded against and punished accordingly.

36. 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 Act 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 Fourth 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 fulfilment 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 Pakistan.

37. 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 Act 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 Fourth 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 Pakistan.

38. Registers to be public documents.–The register maintained under Section 36 or Section 37 shall be deemed to be public document within the meaning of the Qanun-e-Shahadat, 1984 (P.O. 10 of 1984).

39. Penalty for fraudulent representation or registration.­-Whoever falsely pretends to be registered under this Act 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.

40. 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 sub­section (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.

41. Cognizance of offences.–(1) No Court except the Medical Tribunal established under the Medical Tribunal Act, 2020 (XXXIV of 2020) shall take cognizance of any offence or matter under this Act 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 the Medical Tribunal established under the Medical Tribunal Act, 2020 (XXXIV of 2020) to pass any sentence authorized by this Act even if such sentence exceeds his powers under Section 32 of the said Code.

42. 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 Pakistan and of a level mentioned by the Council in the registration certificate;

(b) valid full registration holder 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; and

(e) to hold a commission as a medical or dental officer in the armed forces.

(2) Notwithstanding anything to the contrary contained in any other law for the time being in force, no medical certificate or prescription 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 practitioner, or registered dental practitioner, having valid registration.

43. Responsibilities of registered medial 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 through Minister-in-charge 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 Pakistan and which is recognized under this Act.

(3) Every registered medical practitioner or dental practitioner shall comply with the code of medical ethics prescribed by the Council.

44. 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 in a patient-doctor scenario in clinical setting or who has shown himself to be unfit to continue in practice or on account of mental ill health or other grounds as prescribed in the code of ethics of practice regulations and the complaint and matter shall finish if the complainant withdraws his complaint.

(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.

45. Officers etc. deemed to be public servants.–The members, offices, employees and other staff of the Council shall deem to be public servants within the meanings of Section 21 of the Pakistan Penal Code (Act XLV of 1860).

46. Indemnity.–No suit, prosecution or other proceedings shall lie against the Federal Government through Minister-in-charge, the division concerned, the Council, the board or any committee of the Council, President, or any member, officer or employee of the Council in respect of anything done or intended to be done in good faith under this Act.

47. Power to make rules and regulations.–(1) The Council may, with the prior approval of the Federal Government through Minister-in-charge, make statutory rules and regulations generally to carry out the purposes of this Act and, without prejudice to the generality of this power, such rules and regulations may provide for–

(a) the management of the property of the Council and the maintenance and audit of its accounts;

(b) the summoning and holding of meetings of the Council, the times and places where such meetings are to be held, the conduct of business there at;

(c) the powers and duties of the President;

(d) the mode of appointment of the executive committee and other committees, the summoning and holding of meetings and the conduct of business of such committees;

(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 44; and

(i) any matter for which under this Act provision may be made by rules and regulations.

(2) Notwithstanding anything contained in sub-section (1), the Council shall make statutory regulations which may provide for–

(a) prescribing a uniform minimum standard of courses of training for obtaining graduate and post-graduate medical and dental qualifications to be included or included respectively in the First and Third Schedules;

(b) prescribing minimum requirements for the content and duration of courses of study as aforesaid;

(c) prescribing the conditions for admission to courses of training as aforesaid;

(d) prescribing minimum qualifications and experience required of teachers for appointment in medical and dental institutions;

(e) prescribing the standards of examinations, methods of conducting the examinations and other requirements to be satisfied for securing recognition of medical and dental qualifications under this Act;

(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 Act 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 which shall be Gazette notified;

(j) election of members of the Council; and

(k) prescribing a uniform minimum standard for continuous professional development for registered graduate and post-graduate medical and dental practitioners.

48. Information to be furnished by the Council and publication thereof.–(1) The Council shall furnish such reports, copies of its minutes, abstracts of its accounts and other information to the Federal Government through Minister-in-charge as it may require.

(2) The Federal Government through Minister-in-charge may publish, in such manner as it may think fit, any report, copy, abstract or other information furnished to it under this section or under Section 21.

49. Commission of inquiry.–(1) Whenever it is made to appear to the Federal Government through Minister-in-charge that the Council is not complying with any provisions of this Act, the Federal Government through Minister-in-charge may refer for inquiry the particulars of the complaint to a commission of inquiry consisting of three persons two of whom shall be appointed by the Federal Government through Minister-in-charge, 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 through Minister-in-charge 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 through Minister-in-charge shall the report of the commission of inquiry to the Council for implementation and for remedial actions. The Council shall submit to the Federal Government through Minister-in-charge 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 through Minister-in-charge 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 through Minister-in-charge a report of actions taken thereon. If the Council fails to comply with the remedial measures forwarded to it by the Federal Government through Minister-in-charge, the Federal Government through Minister-in-charge 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 productions 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).

50. Over-ridding provision.–The provisions of this Act 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 Act.

51. Repeals and Savings.–(1) Subject to Section 6 of the General Clauses Act, 1897 (X of 1897), the Pakistan Medical Commission Act, 2020 (XXXIII of 2020) hereinafter referred to as the repealed Act, shall stand repealed.

(2) Notwithstanding the repeal of the repealed Act or anything contrary contained herein, all decisions taken, regulations made or amended and disciplinary actions taken by the Commission of the dissolved Pakistan Medical Commission pursuant to the repealed Act and by the Pakistan Medical Commission pursuant the shall be deemed to have been validity made:

Provided that all regulations made and promulgated pursuant to the repealed Act, stand repealed and shall not be enforceable:

Provided further that the Council shall have the exclusive power to review and modify saved decision taken, regulation made or amended and disciplinary action taken.

(3) The dissolved Pakistan Medical Commission as formed pursuant to the repealed Act stands dissolved upon the commencement of this Act.

(4) All assets, rights moveable and immovable properties, records, cash, bank accounts, deposits etc., of the dissolved Pakistan Medical Commission under the repealed Act shall stand transferred to the Council and shall be deemed to be the assets, rights, properties, records, cash, bank accounts, deposits etc., of the Council.

(5) On commencement of this Act all employees of the dissolved Pakistan Medical and Dental Council constituted under Pakistan Medical and Dental Council Ordinance, 1962 shall be deemed to be employees of the Council constituted under this Act on terms and conditions of their initial appointment under Pakistan Medical and Dental Council, 1962.

(6) Upon commencement of this Act any action taken, proceedings initiated, pending or concluded, decisions made, orders passed or notification issued under the repealed Act regarding golden shake hand scheme or any other severance package of employees or change of terms and conditions of pension of retired employees dissolved Pakistan Medical and Dental Council hereby recalled and shall have no legal effect:

Provided that all such employees shall stand reinstated on such terms and conditions of their initial appointment.

(7) All assets, liabilities, payables and receivable of the dissolved Commission under the repealed Act shall be deemed to be the assets, liabilities, payables and receivables of the Council.

(8) All registration, recognitions etc., granted by the dissolved Pakistan Medical Commission under the repealed Act shall be deemed to be registrations, recognitions granted by the Council subject to not being in conflict with this Act and the provisions of this Act or the same being within the power of the Council to recognize and register pursuant to this Act.

52. Transitory provision.–Upon the commencement this Act, the Council shall be constituted within sixty days, however, during the transitory period of sixty days, Minister-in-charge of the Division concerned shall exercise the powers of the Council, subject to the condition that all his decisions shall be ratified by the Council constituted after transitory period.

THE FIRST SCHEDULE

(See Sections 2(s), 21, 24, 33, 47(2))

RECOGNISED MEDICAL QUALIFICATIONS GRANTED BY MEDICAL INSTITUTIONS IN PAKISTAN

Medical Institution

Recognised Medical Qualification

Abbreviation for Registration

(1)

(2)

(3)

University of the Punjab

Licentiate in Medicine and Surgery

L.M.S., Punjab

Bachelor of Medicine

M.B., Punjab.

Bachelor of Medicine and Bachelor of Surgery

M.B., B.S, (Punjab)

Punjab State Medical Faculty

Licentiate in Medicine and Surgery (when the holder of the qualification had passed the F.Sc. (Medical Group) examination of a recognized University before taking up medical studies

L.M.S. (P.S.M.F.)

University of Karachi

Bachelor of Medicine and Bachelor of Surgery

M.B., B.S., Karachi

University of Sindh

Bachelor of Medicine and Bachelor of Surgery

M.B., B.S., Sindh

University of Peshawar

Bachelor of Medicine and Bachelor of Surgery

M.B., B.S., Peshawar

Fatima Jinnah, Medical College Lahore

Bachelor of Medicine and Bachelor of Surgery

M.B., B.S.,

THE SECOND SCHEDULE

(Sec Sections 2(u), 24, 25, 26, 33)

RECOGNISED ADDITIONAL MEDICAL QUALIFICATIONS

Medical Institution

Recognised Additional Medical Qualification

Abbreviations for Registration

(1)

(2)

(3)

PART ‘A’
GRANTED BY MEDICAL INSTITUTIONS IN PAKISTAN

University of the Punjab

Doctor of Medicine

M.D. (Punjab)

Master of Surgery

M.S. (Punjab)

Diploma in Public Health

D.P.H. (Punjab)

Diploma in Ophthalmology

D.O. (Punjab).

Diploma in Medical Radiology and Electralogy granted on or before the 14th October, 1959

D.M.R.E. (Punjab)

Diploma in Tuberculosis and Chest Diseases granted in or after 1969

D.T.C.D. (Punjab)

Diploma of Laryngology and Otology.

D.L.O. (Punjab)

Diploma in Medical Radiology (Diagnostic).

D.M.R.D. (Punjab).

Diploma in Medical Radiology (Therapeutics).

D.M.R.T. (Punjab)

Diploma in Maternal and Child Heath.

D.M.C.H. (Punjab)

Diploma in Anaesthesia.

D.A. (Punjab).

Diploma in Clinical Pathology.

D.C.P. (Punjab).

Diploma in Gynaecology and Obstertrics.

D.G.O. (Punjab).

Diploma in Child Health

D.C.H. (Punjab).

University of Karachi

Master of Philosophy (Anatomy).

M. Phil Anatomy (Karachi)

Master of Philosophy (Physiology).

M. Phil Physiology (Karachi)

Master of Philosophy (Pharmacology).

M.Phil Pharmacology (Karachi)

Master of Philosophy (Pathology).

M.Phil Pathology (Karachi).

Master of Philosophy (Miscrobiology).

M.Phil Microbiology (Karachi)

Master of Philosophy (Bio-chemistry).

M.Phil Bio-chemistry (Karachi).

Doctor of Medicine.

M.D. (Karachi).

Master of Surgery.

M.S. (Karachi).

College of Physicians and Surgeons of Pakistan.

Fellow of the College of Physicians and Surgeons of Pakistan.

F.C.P.S. (Pak.).

Member of College of Physicians and Surgeons of Pakistan.

M.C.P.S. (Pak.).

Khyber Medical University Peshawar:

Khyber Girls Medical College, Peshawar

Master Philosophy (Anatomy).

M.Phil (Anatomy).

Master of Philosophy (Physiology).

M.Phil Physiology

Master of Philosophy (Bio-chemistry).

M.Phil. Biochemistry

 

Master of Philosophy (Pharmacology).

M.Phil (Pharmacology)

 

Master of Philosophy (Chemical Pathology).

M.Phil (Pathology)

 

Master of Philosophy (Hematology).

M.Phil (Hematology)

 

Master of Philosophy (Microbiology).

M.Phil (Microbiology)

 

Master of Philosophy ((Histopathology).

M.Phil (Histopathology)

 

Diploma in Medical Jurisprudence

DMJ

Shaheed Zulfiqar Ali Bhutto Medical University, Islamabad

Doctor of Medicine Internal Medicine Doctor of Medicine Paediatric Medicine

MD Internal Medicine MD Paediatric Medicine

 

Doctor of Medicine Nephrology

MD Nephrology

 

Doctor of Medicine Critical Care Medicine

MD Critical Care Medicine

 

Doctor of Medicine Gastroenterology

MD Gastroenterology

 

Doctor of Medicine Dermatology

MD Dermatology

 

Master of Surgery General Surgery

MS General Surgery

 

Master of Surgery Urology

MS Urology

 

Master of Surgery Neurosurgery

MS Neurosurgery

 

Master of Surgery Orthopedic Surgery

MS Orthopedic Surgery

 

Master of Surgery
Paediatric Surgery

MS Paediatric Surgery

 

Master of surgery ENT

MS ENT

 

Master of Surgery Accident and Emergency

MS Accident and Emergency

 

Master of Surgery Plastic Surgery

MS Plastic Surgery

 

Master of Surgery Obstetrics and Gynecology

MS Obstetrics and Gynecology

 

Master of Philosophy Histopathology

M.Phil Histopathology

 

Master of Philosophy Chemical Pathology

M.Phil Chemical Pathology

 

Master of Philosophy Hematology

M.Phil Hematology

 

Master of Philosophy Pathology

M.Phil (Pathology)

 

Diploma in Clinical Pathology

D.C.P.

 

Diploma in Obstetrics & Gynecology

D.G.O.

 

Diploma in Anesthesiology

D.A.

 

Diploma in Child Health

D.C.H.

 

Diploma in Medical Radiology & Diagnostic

D.M.R.D

 

Master of Surgery in Burns Surgery

M.S. Burns Surgery

 

Master of Surgery in Ophthalmology

M.S. Ophthalmology

 

Doctor of Medicine Histopathology

M.D. Histopathology

 

Doctor of Medicine Neonatology

M.D. Neonatology

PART ‘B’
GRANTED BY MEDICAL INSTITUTIONS OUTSIDE PAKISTAN

India:

 

 

University of Bombay

Doctor of Medicine

M.D. (Bombay)

University of Calcutta

Master of Surgery Doctor of Medicine

M.S. (Bombay).
M.D. (Calcutta).

 

Master of Surgery Diploma in Public Health

M.S. (Calcutta). D.P.H. (Calcutta)

 

Master of Obstetrics

M.O. (Calcutta).

University of Lucknow

Doctor of Medicine

M.D. (Lucknow).

 

Master of Surgery

M.S. (Lucknow).

University of Madras

Doctor of Medicine

M.D. (Madras).

 

Master of Surgery

M.S. (Madras).

University of Patna

Doctor of Medicine

M.D. (Patna)

 

Master of Surgery

M.S. (Patna).

Andhra University

Doctor of Medicine and

Master of Surgery

M.D., M.S., (Andhra)

United Kingdom

Doctor of Philosophy (Basic Medical Subjects Master of Science)

Ph.D.

 

(Basic Medical, Subjects)

M.Sc.

 

Post Graduate Diplomas

D.A., D.A.P. & E, D.Bact., D.C.H., D.C.M.T., D.C.P., D.I.H., D.L.O., D.M.J., D.M.R.D., D.M.R.T., D.M.S.A., (Edin), D.O. Hyg., D.O., D.Phys. Med., D.P.M., D.T.C.D., D.T.P.H. (Only when granted after training of atleast one academic year).

Universities of:

 

 

Birmingham, Bristol, Cambridge,

Doctor of Medicine

M.D.

Durham, Leeds, Liverpool, London,

Master of Surgery

M.S. or M.Ch.

Manchester, Oxford, Shefield, Wales, Aberdeen, Edinburgh, Glassgow, Exerter, New Castle Upon Tync, St. Andrews and Belfast

Diploma in Public Health

D.P.H.

Royal College of Physicians of London.

Member, Fellow

M.R.C.P., F.R.C.P. (London).

Royal College of Surgeons of London.

Fellow

F.R.C.P., (England)

Royal College of Physicians of Edinburgh.

Member, Fellow

M.R.C.P., F.R.C.P., (Edin.)

Royal College of Surgeons of Edinburgh.

Fellow

F.R.C.S. (Edin).

Royal Faculty College of Physicians and Surgery of Glasgow.

Fellow

F.R.F.P.S. (Glasgow).

 

Diploma in Public Health. D.P.H. (R.C.P.S.) England

 

Royal College of Physicians and Surgeons, England

Diploma in Public Health

D.P.H. (R.C.P.S.) (England).

Royal College of Physicians and Surgeons of Glasgow

Member, Fellow, Honorary Fellow

M.R.C.P. (Glasg.), F.R.C.P. (Glasg.), F.R.C.S. (Glas.), Hon. F.R.C.P.S. (Glasg.)

 

Post-Graduate Diploma

D.A., D.A.P&E., D.Bat, D.C.H., D.C.M.T., D.C.P., D.I.H., D.L.O., D.M.J., DMR.D., D.M.R.T., D.M.S.A., (Edin), D.O.Hyg, D.O., D.Obst., R.C.O.G., D.P.H., D.Phys., Med., D.P.M., D.T.C.D., D.T.P.H.

(Only when granted after training of at least one academic year);

Republic of Ireland:

 

 

University of Dublin

Doctor of Medicine

M.D.

National University of Ireland

Master of Surgery

M.Ch.

 

Master of Obstetrics

M.A.O.

Royal College of Physicians of Ireland

Member Fellow

M.R.C.P., (Ireland). F.R.C.P. (Ireland)

Royal College of Surgeons in Ireland

Fellow

F.R.C.S., (Ireland).

 

Diploma in Obstetrics and Gynaecology

D.G.O.

United State of America:

 

 

Indiana University

Doctor of Philosophy

Ph.D. (Basic Medical Subject).

THE THIRD SCHEDULE

[See Sections 2(t) and 18, 24, 29, 33, 47(2)]

RECOGNISED DENTAL QUALIFICATIONS

Medical Institution

Recognised Dental Qualification

Abbreviations for Registration

(1)

(2)

(3)

University of the Punjab

Bachelor of Dental Surgery

B.D.S. (Punjab).

Punjab State Medical Faculty

Licentiate in Dental Surgery

L.D.S. (PSMF).

University of Sindh

Bachelor of Dental Surgery

B.D.S. (Sindh)

University of Peshawar

Bachelor of Dental Surgery

B.D.S. (Peshawar)

Shaheed Zulfiqar Ali Bhutto Medical University, Islamabad

Master of Dental Surgery Oral and Maxillofacial Surgery

MDS Oral and Maxillofacial Surgery.

 

Master of Dental Surgery Paediatric Dentistry

MDS Paeditric Dentistry.

THE FOURTH SCHEDULE

(See Sections 2(a) and 22, 33, 36, 37)

APPROVED HOSPITALS OR INSTITUTIONS

S. No.

Approved Hospitals or Institutions

Specialties/Department

(1)

(2)

(3)

 

 

THE FIFTH SCHEDULE

(See Sections 2(e), 22, 24, 27, 33)

CONTINUOUS PROFESSIONAL DEVELOPMENT OPPORTUNITY PROVIDERS

S.No.

CPD Opportunity Provider

(1)

(2)

 

THE SIXTH SCHEDULE

(See Sections 2(za), 24, 28)

SPECIALIST BOARDS

S.No.

Specialist Boards

Specialties/Department

—————————

ACT NO. XV OF 2022

NATIONAL RAHMATUL-LIL-AALAMEEN WA KHATAMUN NABIYYIN AUTHORITY ACT, 2022

An Act to provide for the establishment of National Rahmatul-Lil-Aalameen Wa Khatamun Nabiyyin Authority

[Gazette of Pakistan, Extraordinary, Part-I, 19th July, 2022]

No. F. 9(22)/2022-Legis., dated 18.7.2020.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 15th July, 2022 and is hereby published for general information:-

Whereas it is expedient to establish a National Rahmatul-Lil-Aalameen Wa Khatamun Nabiyyin Authority to promote research in practical and theoretical aspects of Seerat for addressing contemporary social challenges and inculcating positive changes in the Pakistani society. while, inter alia, providing illustrations about the life of the last Holy Prophet Muhammad (صلی اللہ علیہ وآلہ واصحابہ وسلم);

AND WHEREAS the objective of the National Rahr,atul-Lil-Aalameen Wa Khatamun Nabiyyin Authority is to promote research on the Seerat, guide the young generation on key and multifarious aspects from the life of the last Holy Prophet (صلی اللہ علیہ وآلہ واصحابہ وسلم); and review, consolidate and acknowledge local and international literatures and analysis about the Seerat, build linkages with provincial government and prominent institutions working on the Seerat, promote the Seerat Chairs in higher education and formulate strategies and frameworks for organizing impactful events to promote lessons from the Seerat-e-Tayyabha.

  1. Short title, extent and commencement.–(1) This Act shall be called the NationalRahmatul-Lil-Aalameen Wa Khatamun NabiyyinAuthority Act, 2022.

(2) it extends to the whole of Pakistan.

(3) It shall come into force at once.

  1. Definitions.–In this Act, until there is anything that is repugnant to the subject or context–

(a)      “Authority” means the National Rahmatul-Lil-Aalameen Wa Khatamun Nabiyyin Authority established under Section 3 of the Act;

(b)      Advisory Board” means the advisory board established under Section 4;

(c)      Chairperson” means the Chairperson of the Authority;

(d)      “Director General” means the Director General of the Authority, who shall be the in-charge of general administration of the Authority;

(e)      “Government” means the Federal Government;

(f)       member” means member of the Authority;

(g)      “prescribed” means prescribed by rules or regulations made under this Act;

(h)      regulations” means the regulations made under this Act;

(i)       “rules” Means the rules made under this Act;

(j)       staff’ means the staff and others of the Authority.

  1. Establishment of the Authority.–(1) There shall be established a NationalRahmatul-Lil-Aalameen Wa Khatamun NabiyyinAuthority by the Government which shall carry out the purposes of this Act.

(2) The Prime Minister shall be the Patron-in-Chief of the Authority.

(3) The Authority shall comprise a Chairperson and eight (08) other members, to be appointed by the Prime Minister, on such terms and conditions and in the manner as determined by the Patron-in-Chief:

Provided that two Muslim Members of the National Assembly shall be nominated by the Speaker as Members of the Authority upon whom sub-section (1) of Section 6 shall not apply:

Provided further that one Member shall be from amongst each of the Treasury and the Opposition benches.

  1. Advisory Board.–(1) A high-Level Advisory Board shall be constituted for providing advice and strategic guidance to the Patron-in-Chief to meet the desired objectives of the Authority.

(2) The Advisory Board shall consist of ten members having scholarly eminence and impeccable credentials.

(3) The members of the Advisory Board shall be appointed by the Prime Minister, on such terms and conditions and in the manner as determined by the Patron-in-Chief.

(4) The Advisory Board shall meet at least once on quarterly basis.

  1. Chairperson of the Authority.–(1) The Chairperson of the Authority shall be appointed by the Prime Minister, on such terms and conditions the manner as determined by the Patron-in-Chief, and shall be a person of impeccable integrity, eminent scholarship, reputation and competence who shall be well-versed inSeeratmatters and literature, experienced in religious affairs and research. Moreover, he should be at least in possession of a degree equivalent to Master in Islamic Studies, Islamic Education, Islamic Law, History and Islamic History & Culture or the degree of LLB (Shahriah and Law) or Shahadatul Aalmia from religious institution attached with any wafaq or equivalent duly recognized by Higher Education Commission (HEC).

(2) The Chairperson shall hold office for a period of three years, which may be extendable for such term or terms as may be determined by the Patron-in-Chief.

(3) The Chairperson may resign from his office by writing under his hand, addressed to the Prime Minister.

  1. Members of the Authority.–(1) Subject to sub-section (4), the members of the Authority shall be appointed by the Prime Minister on such terms and conditions and in the manner as determined by the Patron-in-Chief and shall be persons of impeccable integrity, possessing high morality and scholarly achievements, and being highly well-versed inSeeratmatters and literature, experienced in religious affairs, research, administration and having skills to mass communicate an propagate the real ethos and essence of the Seerat. Moreover, he should be at least in possession of a degree equivalent to Master in Islamic Studies, Islamic Education, History, Islamic Law and Islamic History and Culture or the degree of LL.B. (Shahriah and Law) or Shahadatul Aalmia from any religious institution attached with any wafaq or an equivalent degree, duly recognized by Higher Education Commission (HEC).

(2) A member shall hold office for a term of three years, which may be extendable for such term or terms as may be determined by the Patron-in-Chief.

(3) The business of the Authority shall be conducted in such manner as may be prescribed.

(4) The Authority shall preferably comprise:–

  1. one eminent Seerat Scholar;
  2. one eminent person with expertise in media affairs, who is able to use facts, undertake research and propagate the real essence of the Seerat to the public-at-large;
  3. one eminent person with abilities to undertake special initiatives through innovative approaches;
  4. one eminent person with Research expertise in the subject matter of Seerat and religion;
  5. one eminent person experienced in prescribing curricula;
  6. one eminent person, having expertise expert in international outreach and equipped to provide counter-narrative to misperceptions of Islam and Islamophobia, while propagating the real essence and narrative of the Seerat in the international community.
  7. Management.–(1) The general direction and administration of the Authority and its affairs shall vest in the Chairperson and the Members, which shall exercise all administrative and financial powers and do all acts and things which may be exercised or done by the Authority.

(2) On questions of policy the Government may issue directives, which shall be final and binding on the Authority.

(3) If any question arises as to whether any matter is a matter of policy or not, the decision of the Government in respect thereof shall be final.

  1. Powers and functions of the Authority.–The functions of the Authority shall be–

(a)      to actualize the concept of Riyasat-e-Madina based upon justice, rule of law and a welfare state through character building of the nation;

(b)      to identify the social, economic, and political morals and values from the practical life of the last Holy Prophet of Allah (صلی اللہ علیہ وآلہ واصحابہ وسلم) and inculcate them in the life of individuals and the society at large;

(c)      formulate polices, strategies and interventions to advance and propagate key elements of the life of the last Holy Prophet of Allah (صلی اللہ علیہ وآلہ واصحابہ وسلم) including peace, empathy, care for others, tolerance, knowledge, progress, wisdom, patience, contentment, ethical behavior, social bearing, environmental protection and other prominent aspects from the Seerat;

(d)      conducting research studies on the Seerat of Prophet Muhammad (صلی اللہ علیہ وآلہ واصحابہ وسلم) and the Hadith, for guidance of the young generation;

(e)      to develop educational and learning processes for better personality development of the young generation on the pattern of the last Holy Prophet of Allah’s (صلی اللہ علیہ وآلہ واصحابہ وسلم) life;

(f)       to review and project international literature and research on Seerat from all over the world and make it accessible, translatable, and relatable to contemporary times;

(g)      coordinate with provincial education departments to, organize events, conferences. dissemination activities in respect of Seerat­un-Nabi (صلی اللہ علیہ وآلہ واصحابہ وسلم);

(h)      to undertake national level consultations with religious scholars, researchers, and education-related entities in all provinces and areas to design strategies to promote Seerat-un-Nabi (صلی اللہ علیہ وآلہ واصحابہ وسلم);

(i)       to undertake assessment of gaps, challenges, and sources of fallacies and misinformation about the way of life that Islam promotes

(j)       provide international counter-narrative to various misconceptions against Islam prevalent globally;

(k)      to bring together eminent scholars and work to agree upon key fundamental elements of the Seerat for promotion at national level through education;

(l)       to promote modesty, non-materialistic approach, simple and dignified lifestyle based on the life and Sunnah of the Holy Prophet (صلی اللہ علیہ وآلہ واصحابہ وسلم);

(m)     coordinate with the National Curriculum Council to adopt, and continuously update curricula, syllabi and guidelines for effective uptake of lessons from the Seerat, guided by research, logic, and scholarship;

(n)      to build linkages and partnerships on Seerat research with other prominent entities working in this area;

(o)      to make efforts and coordinate promotion of Seerat study and scholarships;

(p)      to guide higher education institutions for establishment of Seerat Chairs;

(q)      to formulate strategies and frameworks for the organization of the Seerat related events on key occasions related to Holy Prophet’s (صلی اللہ علیہ وآلہ واصحابہ وسلم) life and Islamic history:

(r)      to engage full-time and part-time resources as deemed appropriate, as per the requirement, on such terms and conditions, as may be prescribed by the Authority;

(s)      bridge diverging gaps between theoretical and practical aspects, in view of technological advancements of contemporary world, in relation to the Seerat;

(t)      to visualize, monitor and take notice of the activities of Qadianiyat, Ahmadiyat, Lahoriat, Jewism and all other such religions, Organizations and institutions who are against Islam and Pakistan and take necessary steps, including the legal procedure as provided in the law, to address and counter the situation created due to their propaganda and actions; and

(u)      guide the National Curriculum Council to include the topics of Seerat-e-Nabi and finality of Prophethood in the Textbooks.

  1. Secretariat of the Authority.–(1) The Secretariat of the Authority shall consist of a Director-General, who shall be appointed by the Prime Minister on such terms and conditions and in the manner as determined by the Patron-in-Chief

(2) The Director-General shall also act as the Secretary and Principal Accounting Officer of the Authority.

(3) The Director-General shall be a person of known integrity and man of noble fame, having experience in the field of administration and management. and shall either be appointed afresh or posted by the Prime Minister and shall be authorized to:–

(a)      carry out administration and day to day affairs of the Authority;

(b)      execute all orders and directions given by the Chairperson;

(c)      prepare periodical reports with objectivity, including a report based on Key Performance Indicators (KPIs), for submission to the Prime Minister by the Chairperson;

(d)      implement and coordinate the objects of this Act; and

(e)      perform any other duty, function or work assigned by the Chairperson.

(4) In case, the Director-General is absent or unable to perform functions, the Prime Minister may appoint an officer of the Authority as an Acting Director-General to temporarily perform the functions of the Director­ General.

(5) Until the Authority is duly constituted, the Director-General shall, subject to such directions as the Government may give from time to time, exercise the powers and perform the functions of the Authority.

(6) The officers of the Authority shall have such powers and shall perform such functions as may be assigned to them by the Director-General.

  1. Committees and sub-committees of the Authority.–(1) The Authority may, for carrying out its functions, constitute such committees and sub-committees as deemed appropriate by the Authority.

(2) The membership of committees or sub-committees and conduct of business thereof shall be such, as may be prescribed.

  1. Appointmentof officers, staff etc. by the Authority.–In addition to the appointment in the Secretariat under Section 9, the Authority may create posts and subject to such directors, officers, staff, experts or consultants on such terms and conditions as may be prescribed.
  2. Remuneration of officers and staff of the Authority.–(1) The Authority shall by regulations determine the terms and conditions including salaries, allowances and other benefits for officers and staff, keeping in view the economic condition of the country, compatible with other such organizations, including organization in the private sector.
  3. Staff and officers etc. to be public servants.–The Director General directors, officers, staff, experts and consultants of the Authority 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).
  4. Delegation of powers to the Director-General, etc.–The Authority may, by general or special order and subject to such conditions as it may deems fit impose, delegate all or any of its administrative powers or functions under this Act, to the Director General, Directors or a member, or an officer of the Authority.
  5. Fund of the Authority.–The Fund of the Authority shall consist of–

(a)      grants and budget from the Federal Government;

(b)      fee collected or revenue generated by the Authority;

(c)      aid from national and international agencies; and

(d)      such sums as the Federal Government may allocate to the Authority other than under sub-sectoin (a).

  1. Budget, audit and accounts.–(1) The Authority shall cause proper accounts to be maintained as may be prescribed by the Controller General of Accounts in accordance with Articles 169 and 170 of the Constitution.

(2) As soon as practicable, or at least after the end of the financial year, the Authority shall prepare a statement of accounts of the Authority for that year which shall include a balance sheet and an account of income and expenditure.

(3) Within sixty days after the end of each financial year, the annual financial statements shall be audited by the Auditor General of Pakistan.

(4) The auditor shall make a report to the Authority upon the balance sheet and accounts, which shall state whether the balance sheet is a full and fair, containing all necessary particulars and properly drawn up so as to exhibit a true and correct view of affairs of the Authority. In case the auditor has called for any explanation or information from the Authority, it shall be stated by the auditor as to whether such explanation or information was provided to the auditor to his satisfaction or not.

  1. Annual report.–The Authority shall prepare once every year, in such form and at such time as may be prescribed, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Government, which shall lay it before the National Assembly and the Senate.

 

  1. Protection of actions taken in good faith under this Act.–No suit, prosecution or other legal proceedings shall lie against the Government or the Authority or any servant thereof or any person acting under the authority of the Government or the Authority for anything which is done in good faith or intended to be done in pursuance of this Act, or rules and regulations made thereunder.
  2. Tax exemptions.–The income of the Authority, donations and contribution received by the Authority for the purpose of this Act shall be exempt from all taxes, duties, charges or imports of any nature levied by Federal, Provincial, Local Governments or authorities or any institution.
  3. Act to override other laws.–The provisions of this Act shall have effect, notwithstanding anything contained in any other law for the time being in force.
  4. Power to make rules.–The Federal Government may by notification in the official Gazette, make rules for carrying out the purposes of this Act.
  5. Power to make regulators.–The Authority shall make regulations for terms and conditions of staff and officers.
  6. Removal of difficulties.–lf any difficulty arises in giving effect to the provisions of this Act, the Federal Government may be notification in the official Gazette, make such order, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the removal of such difficulty.

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ACT NO. XVII OF 2022

NATIONAL INFORMATION TECHNOLOGY
BOARD ACT, 2022

An Act to provide for establishment of National Information Technology Board

 [Gazette of Pakistan, Extraordinary, Part-I, 19th August, 2022]

No. F.22(31)/2019-Legis., 16.8.2022.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 13th August 2022 is hereby published for general information:-

WHEREAS, it is expedient to provide for establishment of National Information Technology Board for e-governance across the country in line with the vision and policy of the Federal Government to serve the public in more effective and efficient manner through due adviseries and consultancies and provision of e-governance software applications to Federal Ministries and Divisions including their attached departments, sub-ordinate offices and autonomous bodies so as to focus on cross-cutting e-governance applications and initiatives that can be replicated across multiple public organizations for better government to government and government to citizens services and communication, and for matters connected therewith and ancillary thereto;

It is hereby enacted as follows:

  1. Short title, extent and commencement.–(1) This Act shall be called the National Information Technology Board Act, 2022.

(2)      It extends to the whole of Pakistan.

(3)      It shall come into force at once.

  1.  Definitions.–In this Act, unless there is anything repugnant in the subject or context,–

(a)      “Board” or “NITB” means the National Information Technology Board constituted under Section 3;

(b)      “Certification” means confirmation or approval of quality of software or application for the purposes of
e-governance, in line with recommendations of lead Cyber and Information Technology security setup, department or organization designated by Federal Government;

(c)      “Chairman” means Chairman of the Board;

(d)      “Chief Executive Officer” or “CEO” means the Chief Executive Officer of the Board appointed under this Act;

(e)      “data” means, information collected, collated, stored, hosted and used for the purposes of e-governance, in line with any laws in force from time to time by the Federal Government;

(f)       “division concerned” means the division to which business of this Act stands allocated;

(g)      “erstwhile NITB” means the National Information Technology Board previously, constituted vide Notification No. 6(13)/2004-Dev, dated the 11th August, 2014 which before commencement of this Act, was an attached department of the Ministry of Information Technology and Telecommunication;

(h)      “Fund” means the NITB Fund created under this Act;

(i)       “IT” means information technology;

(j)       “member” means member of the Board and includes the Chairman;

(k)      “prescribed” means prescribed by rules or regulations made under this Act;

(l)       “regulations” means the regulations made under this Act;

(m)     “rules” means the rules made-under this Act; and

(n)      “standardization” means technical parameters conformed by the Board for the purposes of the e-governance to maximize compatibility, interoperability, quality and reusability in line with recommendations of lead cyber and IT security setup, department or organization designated by the Federal Government.

  1. Establishment of the Board.–(1) As soon as may be but not later than thirty days of the commencement of this Act, the Federal Government shall, by notification in the official Gazette, establish a Board to be known as National Information Technology Board for carrying out the purposes of this Act.

(2) The Board shall be a body corporate having perpetual succession and a common seal, with administrative and financial powers, subject to the provisions of this Act to enter into agreements and contracts, acquire, hold and dispose if property, both movable and immovable and to sue and to be sued.

(3) The headquarters of the Board shall be at Islamabad and it may set up offices at such place or places, with the prior approval of the Federal Government, as it may deem appropriate throughout Pakistan.

(4) The Board shall consist of the Chairman and Members.

  1. Composition of the Board.–(1) The Board shall consist of–
(a)     Federal Minister of the division concerned. Chairman
(b)     Secretary of the division concerned. Member ex-officio
(c)     Secretary, Finance Division. Member ex-officio
(d)     Secretary of the division to which Business of science and technology stands allocated. Member ex-officio
(e)     Chief Executive Officer of Board. Member ex-officio
(f)      Member IT of the division to which business of IT stands allocated. Member ex-officio
(g)     Director General (Technical), Inter­Services Intelligence. Member ex-officio
(h)     Secretary, National Telecommunication and Information Technology Security Board. Member ex-officio
(i)      any expert from public or private sector as may be co-opted with approval of the Board. Co-opted members

(2) The CEO shall be ex-officio secretary of the Board.

(3) The business of the Board shall be conducted as may be prescribed by regulations.

(4) In absence of the Chairman, a member designated by the Chairman shall preside over the Board’s meetings.

  1. Appointment of CEO.–(1) The CEO shall be appointed by the Federal Government, on recommendation of the Board, for a term of three Years extendable for a similar term or terms, in such manner and on such terms and conditions as may be prescribed by rules:

Provided that the CEO appointed prior to commencement of this Act shall be deemed to have been appointed under this Act.

(2) The CEO shall be an eminent IT professional of known integrity, competence and expertise in handling IT development projects.

(3) The CEO may resign from his office by giving one month notice in writing under his own hand, addressed to the Federal Government.

(4) The CEO shall be answerable to the Board for all administrative, financial and technical matters of the Board. The Board may delegate such administrative and financial powers to the CEO for carrying out day to day affairs of the Board as it deems necessary.

  1. Meetings of the Board.–(1) The Chairman or, in his absence, the member designated by the Chairman for the purpose shall preside at a meeting of the Board.

(2) One half of the total members shall constitute a quorum for meetings of the Board requiring a decision by the Board.

(3) The decisions of the Board shall be taken by majority of its members present and in case of a tie, the member presiding a meeting shall have a casting vote.

  1. Powers of the Board.–The Board shall exercise all powers as shall enable it to effectively perform its functions specified in Section 8. In particular and without prejudice to the generality of the foregoing power, the Board shall–

(a)      prescribe regulations, including regulations for exercising its powers and performance of its functions;

(b)      enter into contracts, agreements and Memorandum of Understanding (MoUs);

(c)      acquire, lease, encumber, dispose of, exchange, vest or otherwise deal with any moveable or immovable property or any interest therein;

(d)      prescribe regulations for appointment and removal of the Board Employees and related matters.

  1. Functions of the Board.–The Board shall exercise all powers as shall enable it to effectively perform its functions under this Act for the provisions of this Act. In particular and without prejudice to the generality of the foregoing power, the Board shall–

(a)      provide technical guidance for embedding e-governance in the Federal Ministries and Divisions including their attached departments, autonomous bodies, sub-ordinate offices and promoting efficient and transparent governance;

(b)      facilitate efficient and cost-effective implementation of
e-governance programs in the Federal Ministries and Divisions;

(c)      carry out training need assessments, including infrastructure as well as Human Resources skillset and Capacity, periodically in the Federal Government departments and to design and implement IT capacity building programs for employees of the Federal Ministries and Divisions including their attached departments, autonomous bodies, sub-ordinate offices;

(d)      review the status of e-government readiness on a regular basis to ensure sustainable, accelerated digitization and relevant human resource development in Federal Ministries and Divisions including their attached departments, sub-ordinate offices and autonomous bodies;

(e)      identify the areas where IT interventions can be helpful and to suggest measures for the automation of these areas through business process re-engineering “(BPR) in the Federal Ministries Divisions including their attached departments, sub-ordinate offices and autonomous bodies;

(f)       provide stands, recommendations and compliance for software and infrastructure in the field of electronic governance in line with recommendations of lead Cyber and IT security setup, department or organization designated by Federal Government;

(g)      carry out coordination with the provinces and provide assistance and facilitation as and when required for the provisions of this Act;

(h)      facilitate efficient and cost-effective conception, procurement, implementation, operations and maintenance of all the Federal Government’s Ministries, Divisions, departments and organizations’ e-government programs and projects and ensure their holistic alignment with the national strategic action plans;

(i)       provide data to all government departments as per their requirement in accordance with the provisions of this Act;

(j)       be responsible to review and acquire information and communication technology service infrastructure to government departments to revamp e-governance and communication within the Government;

(k)      provide application and IT solution standardization across the government departments in information and communication technology for e-governance;

(l)       be responsible to build, rollout and maintain IT disaster plan for smooth functioning of e-governance in Federal Ministers and Divisions including their attached departments, sub-ordinate offices and autonomous bodies;

(m)     be responsible to provide system analysis consulting service to the Federal Government departments for e-governance based on their needs;

(n)      facilitate by outsourcing projects to build private sector information and communication technology industry and diversify and diversify the skill set of new generation;

(o)      establish centers of excellence to develop technologies in collaboration with other government departments and private sector in accordance with the provisions of this Act;

(p)      maintain directory of all private sector companies to collaborate and deliver services to any Ministry, Division or organization on information and communication technology related projects in accordance with the provisions of this Act;

(q)      utilize all means to ensure security of e-governance applications, IT solutions, data and systems deployed for the provisions of this Act in line with recommendations of lead Cyber and IT security setup, department or organization designated by the Federal Government;

(r)      recommend to ministry and division concerned any matter pertaining to development, reform, improvement and sustainability of information and communication technology sector of Pakistan, for preparation of national IT policy;

(s)      be responsible for recommending and defining standardized parameters in line with IT policy to be followed at all levels for e-governance;

(t)      recommend proposals for development of national IT plans and policies to ministries and divisions concerned and execute in accordance with the provisions of this Act; and

(u)      exempt the Federal Ministries and Divisions including their attached departments, sub-ordinate offices or autonomous bodies from establishment and deployment of e-governance, due to sensitive nature of data and tasks of aforesaid entities.

  1. Executive Committee.–There shall be an executive committee of the Board which shall exercise such powers and perform such functions as may be prescribed by regulations.
  2. Committees of the Board.–(1) The Board may, for carrying out its functions, constitute such committees, from time to time as may be considered appropriate.

(2) The committees constituted under sub-section (1) shall conduct their business in such manner as may be prescribed by regulations.

  1. Organization of the Board.–(1) The Board may, for carrying out its functions for promotion of IT projects, developments of IT projects, certification of IT and project management, may enter into contract and agreement on such terms and conditions as may be prescribed by the Board as it may consider necessary.

(2) The organization established or contracted with under sub-section (l) shall be subject to control and supervision of the Board and shall function within the framework of this Act.

(3) An organization established or contracted with under sub-section (I) shall perform such business as may be prescribed by the Board from time to time.

  1. Management of the Board.–Subject to the powers delegated by the Board, the overall management of the Board shall vest in the authority of CEO including giving sanction, approval, initiation of disciplinary proceedings of persons in service of the Board, allocation of funds in different heads of accounts, maintenance of discipline, local or international cooperation with organizations providing services in the field of information technology and do any other act or take any action as it deems necessary for smooth functioning of the Board.
  2. Appointment of officers and other staff of the Board.–(1) Subject to regulations, the Board may appoint such officers, experts, advisers, consultants and members of staff as it may consider necessary for the efficient performance of its functions on such terms and conditions as may be prescribed.

(2) The Board may, by notification in the official Gazette, delegate any of its powers relating to appointment of Officers and other staff to the Executive Committee or CEO.

(3) The officers, members of the staff, advisers, consultants, experts and other persons appointed by the Board shall not be civil servants within the meaning of the Civil Servants Act, 1973 (LXXI of 1973).

  1. Transferof assets and liabilities or erstwhile NITB.–(1) From the date of commencement of this Act, all the terms and conditions of service of regular and contract employees of erstwhile NITB shall remain as such on their transfer to the Board.

(2) Notwithstanding anything to the contrary contained in this section, any person in service of erstwhile NITB, within three months of the transfer, shall exercise an irrevocable option either to remain civil servant or become employees of the Board:

Provided that where any person does not exercise the option within the said period he shall be deemed to have opted to become employee of the Board:

Provided further that every other person, who is not a civil servant, shall stand transferred to the Board on his existing terms and conditions of service including the term of his appointment which he was enjoying immediately prior to the commencement of this Act.

(3) On transfer as aforesaid, terms and conditions of service of the person shall not be less favorable than those by which he was governed immediately before his transfer at the time of commencement of this Act.

(4) No person who stands transferred to the Board shall, not withstanding anything contained in any law for the time being in force, be entitled to any compensation because of such transfer.

(5) All assets and liabilities of the erstwhile NITB on commencement of this Act shall stand transferred to and vested in the Board.

(6) The Federal Government shall pay to the Board capitalized value of pension and gratuity in respect of employees transferred to the Board to which they have become entitled to or have been owned by them till the date of commencement of this Act.

(7) All suits and other legal proceedings instituted by or against the Federal Government in respect of the erstwhile NITB shall be deemed to be suits and legal proceedings against the Board from the date of commencement of this Act and shall be dealt with by the Board.

(8) All contracts, agreements, promises, negotiations and working arrangements made and understandings reached including bidding process initiated as a result of any request for proposal sought from prospective contractors and all liabilities incurred including any contingent or future liability on account of availing any service, etc. by the erstwhile NITB on behalf of the Federal Government in connection with, or for the purpose of, or in relation to the same objects, purposes, functions and powers as those of the Board, before the establishment of the Board shall be deemed to have been made, reached or incurred, as applicable, by the Board under this Act and shall have effect accordingly.

  1. Funds.–(1) There shall be created a non-lapsable fund vesting in the Board to be known as the NITB Fund for the purpose of meeting expenses in connection with the functions and operations of the Board under this Act, including payment of salaries and other remunerations payable to the persons in service of the Board.

(2) The NITB Fund shall, subject to the provisions of the Public Finance Management Act, 2019 consist of–

(a)      funds provided by the Federal Government for payment of salaries, establishing infrastructure, administrative, operational and any other expenses and running the day-to-day business of the Board;

(b)      loans or funds to be obtained from the Federal Government or any Provincial Government or local authority or such other entity after approval from Board;

(c)      grants by the Federal Government or any Provincial Government or local authority;

(d)      foreign aid, grants and loans negotiated and raised, or otherwise obtained by the Board, in consultation with Finance Division and relevant ministries and divisions;

(e)      charges for services or for the provision of any information or report automated or otherwise to any government entity;

(f)       fees and commissions collected as prescribed from time to time by the Board;

(g)      income from the sale of movable or immovable property;

(h)      funds from floating bonds, shares, debentures, commercial papers or any other securities issued by the Board;

(i)       income from investments;

(j)       all other sums received or earned by the Board; and

(k)      funds provided by the Federal Government for smooth, uninterrupted and sustainable operations through continuous up-gradation and maintenance of projects related to e-governance.

(3) The NITS Fund shall be kept in one or more accounts maintained by the Board in local and foreign currency in any scheduled bank in Pakistan and shall be operated in accordance with the prescribed regulations made by the Board.

(4) Only those funds and grants by the Federal Government or donor shall be credited to commercial bank account which is allowed by Finance Division explicitly.

(5) Bank accounts of the Board shall be opened with the prior approval of the Board.

(6) Investments shall be made in accordance with instructions and policy of the Finance Division from time to time.

  1. Budget–The Board shall in respect of each financial year submit through relevant Division and Finance Division for the approval of the Federal Government, by such date and in such form as may be specified by the Federal Government, a statement showing the estimated receipts and current and development expenditure and the sums which are likely, to be required from the Federal Government during the next financial year.
  2. Accounts.–The accounts of the Board shall be maintained in such form and in such manner as the Federal Government may determine in consultation with the Auditor General of Pakistan.
  3. Audit–(1) The accounts of the Board shall be audited at the close of each financial year by the Auditor General of Pakistan.

(2) The Board shall produce such accounts, books and documents as the Auditor General or any officer authorized by him in this behalf may require for the purpose of audit.

(3) Copies of the Auditor General’s report on the accounts shall be provided to the Board and the Federal Government.

(4) The Board may, in addition to the audit under sub-section (1), cause its accounts to be audited by any other external auditors being chartered accountants within the meaning of the Chartered Accountants Ordinance, 1961 (X of 1961), on such remuneration as may be determined by the Board.

  1. Power to make rules.–The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.
  2. Powers to make regulations.–(1) The Board may make regulations, not inconsistent with this Act and the rules, to carry out the purposes of this Act.

(2) Without prejudice to the generality of the forgoing provisions, the regulations may provide for–

(a)      disciplinary proceedings and award of punishments;

(b)      terms and conditions along with remunerations and privileges, appointment of CEO, officers, staff members, experts, advisers and consultants etc;

(c)      prescription of different scales and grades etc. for the remuneration and privileges of officers, staff members, experts, advisers and consultants of the Board;

(d)      procedure for appointment of members of different committees and laying down regulations for the conduct of their business;

(e)      Procedure and terms and conditions for appointment of members of Board other than ex-officio members; and

(f)       all or any of the matters which by this Act are to be or may be prescribed by the regulations.

  1. Removal of Difficulties.–If any difficulty arises in giving effect to any provision of this Act, the Federal Government may make such order, not inconsistent with the provisions of this Act, as may appear to be necessary for the purpose of removing the difficulty.
  2. Authorities to aid the Board.–All executive authorities in the Federation and in the Provinces shall render such assistance to the Board as may be necessary for the execution of its programs and project being carried out under this Act.
  3. Delegation of powers.–The Board may, by notification in the official Gazette, delegate all or any of its powers and functions, except the power to make regulations, to any member, CEO or officer subject to such conditions and limitations as may be specified in the notification.
  4. Act to over-ride other laws.–The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force.
  5. Indemnity.–No suit or other legal proceedings shall lie against the officers and other staff of the Board in respect of anything which is done in good faith in performance of their official obligations under this Act

 

  1. Savings.–Notwithstanding anything contained in this Act, in respect of the erstwhile NITB any notification issued, appointment made, powers delegated, contracts entered into, proceedings commenced, rights and liabilities incurred, fee or charges levied, things done or actions taken, so far as they are not inconsistent with ‘the provisions of this Act, rules and regulations, be deemed to have been made, passed, issued, delegated, entered into, commenced, acquired, incurred, levied, done or taken under this Act.
  2. Act X of 2012 not to apply to the Board.–The Industrial Relations Act, 2012 (X of 2012) shall not apply to or in relation to the Board or any person in service of the Board.
  3. officers of the Board to be public servants.–The officers and members of the staff, advisers, consultants, experts of the Board shall be deemed to be public servants within the meaning of Section 21 of the Pakistan Penal Code (Act XLV of 1860).
  4. Repeal.–The Ministry of Information Technology and Telecommunication’s Notification No. 6(13)/2004-Dev, dated the 11th August, 2014 and the Cabinet Division’s Office Memorandum No. 4-I/2021-Min-I dated Islamabad, the 27th May, 2021, are hereby repealed.

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ACT NO. XVIII OF 2022

PUBLIC PRIVATE PARTNERSHIP AUTHORITY (AMENDMENT) ACT, 2022

An Act further to amend the Public Private Partnership Authority Act, 2017

[Gazette of Pakistan, Extraordinary, Part-I, 3rd September, 2022]

No. F.22(62)/2021 Legis., dated 1.9.2022.–The following Acts of Majlis-e-Shoora (Parliament) received the assent of the President on the 31st August, 2022 are hereby published for general information:–

WHEREAS it is expedient further to amend the Public Private Partnership Authority Act, 2017 (Act VIII of2017), for the purposes hereinafter appearing;

It is hereby enacted as follows:-

  1. Short title and commencement.–(1) This Act shall be called the Public Private Partnership Authority (Amendment) Act, 2022.

(2) It shall come into force at once.

  1. Substitution of long title, VIII of 2017.–In the Public Private Partnership Authority Act, 2017 (Act VIII of 2017), hereinafter referred to as the said Act, for the long title, the following shall be substituted, namely:-

“An Act to create an enabling environment for development projects and the provision of public infrastructure and related services in Pakistan through private sector participation.”.

  1. Amendment of Section 1, Act VIII of 2017.–In the said Act, in Section 1, sub-section (4) shall be omitted.
  2. Amendment of Section 2, Act VIII of 2017.–In the said Act, in Section 2, in clause (o), for the word “‘proposer” the word “proposal” shall be substituted.
  3. Amendment of Section 4, Act VIII of 2017.–In the said Act, in Section 4, in sub-section (2),–

(a)      for clause (a), the following shall be substituted, namely:

(a)      provide advisory services in the manner prescribed, either directly or by engaging such international or local consultants as may be deemed appropriate, to implementing agencies, provincial or other governments within Pakistan and entities owned or controlled by such governments, or to such other entities as may be determined by the Board, and may charge fees for the provision of the aforesaid services;”;

(b)      for the clause (f), the following shall be substituted, namely:–

”(f)     subject to any rules or regulations made hereunder, advise, facilitate and support, as needed, implementing agencies to develop and structure qualified projects;”; and

(c)      clauses (i) and (j) shall be omitted.

  1. Amendment of Section 5, VIII of 2017.–In the said Act, in Section 5, in sub-section (1) for the words “‘prescribed manner and on prescribed terms and conditions”, the words “manner and on such terms and conditions as the Board may prescribe by regulations” shall be substituted.
  2. Amendment of Section 7, VIII of 2017.–In the said Act, in Section 7, in sub-section (2), for the word “Board” occurring for the second time, the word Authority shall be substituted.
  3. Amendment of Section 8, Act VIII of 2017.–In the said Act, in Section 8, in sub-section (2),–

(a)      for clause (a), the following shall be substituted, namely:–

“(a)     formulating the investment policy, establishing standards and procedures for investment of any amounts from the P3A Fund, the viability gap fund and the project development facility, including investments in bonds or other financial instruments issued by the Federal Government;”; and

(b)      for clause (c), the following shall be substituted, namely:–

“(c)     considering the project proposal for a qualified project for purposes of according its approval or otherwise with respect to the transaction structure of the project;”.

  1. Amendment of Section 12A, Act VIII of 2017.–In the said Act, in Section 12A, in sub-section (1), the words “in the manner prescribed” shall be omitted.
  2. Amendment of Section 13, Act VIII of 2017.–In the said Act, in Section 13, sub-sections (3) and (4) shall be omitted.
  3. Amendment of Section 13A, Act VIII of 2017.–In the said Act, in Section 13A, in sub-section (3), for clause (b), the following shall be substituted, namely:–

“(b)     considering the project qualification proposal for a qualified project for purposes of according its approval or otherwise with respect to the transaction structure of the project;”.

  1. Amendment of Section 14, Act VIII of 2017.–In the said Act, in Section 14,–

(1)      in sub-section (1),–

(a)      for clause (b), the following shall be substituted, namely:–

“(b)     the project shall require approval of the CDWP;”; and

(b)      in clause (c), for full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:–

“Provided that the evaluation by the risk management unit pursuant to sub-section (2) of Section 12A shall be provided as part of the approvals process in the manner prescribed.”;

(2)      after sub-section (1), amended as aforesaid, the following new sub­section shall be inserted, namely:–

“(A)    For the avoidance of doubt, where, prior to the commencement of the Public Private Partnership Authority (Amendment) Act, 2022, any approvals had been granted with respect to any project qualification proposals and project proposals, such approvals shall continue to be in force unless amended withdrawn or rescinded by an authority competent to do so under this Act.”; and

(3)      after sub-section (3), the following new sub-section (4) shall be added, namely:–

”(4)     Notwithstanding anything contained in this Act, where prior to the commencement of the Public Private Partnership Authority (Amendment) Act, 2021 (VI of 2021), the Board has approved a project or proposal with regard to a project, any subsequent process with respect to the approval of such project or proposal thereof shall continue to be dealt with as if the Public Private Partnership Authority (Amendment) Act, 2021 (VI of 2021) was not in force.”.

  1. Amendment of Section 17, Act VIII of2017.–In the said Act, in Section 17, in clause (d), for the words after obtaining such approvals as may be prescribed by the Authority in this regard”, the words “in accordance with applicable law” shall be substituted.
  2. Amendment of Section 19, Act VIII of 2017.–In the said Act, for Section 19, the following shall be substituted, namely:–

“19. Negotiation of the agreement.–The implementing agency shall, after obtaining applicable approvals and subject to the terms and conditions of such approvals, invite the successful private party bidder for negotiation of the public private partnership agreement.”.

  1. Substitution of Section 25A, Act VIII of 2017.–In the said Act, for Section 25A, the following shall be substituted, namely:–

“25A Power to make regulations.–The Board may, by notification in the official Gazette, make regulations for carrying out purposes of this Act which shall not be inconsistent with the provisions of this Act and, if prescribed, any rules made thereunder.’.

  1. Amendment of Section 29, Act VIII of 2017.–In the said Act, in Section 29,–

(a)      the word, “in respect of matters relating to the projects” shall be omitted; and

(b)      after the words “regulations made” at the end, the word “thereunder” shall be inserted.

  1. Insertion of new Sections 31 and 32, Act VIII of 2017.–In the said Act, after Section 30, the following new Sections 31 and 32 shall be added, namely:–

31. Hiring of consultants and experts.–Notwithstanding anything contained in the Public Procurement Regulatory Authority Ordinance, 2002 (XXII of 2002), any rules and regulations made thereunder or any similar laws, the Board may, by regulations, prescribe the manner, method and procedures for–

(a)      the hiring of transaction advisers by implementing agencies in connection with public private partnership projects or certain classes thereof, and such prescribed conditions, once notified, shall govern the hiring of consultants by implementing agencies for providing such transactional advisory services to the extent prescribed therein, including with respect to the direct contracting of international financial institutions as transaction advisers for certain public private partnership projects or classes of public private partnership projects, to the extent and on such terms and conditions as prescribed therein; and

(b)      the hiring of international and local consultants and experts by the Authority, and such prescribed conditions, once notified, shall exclusively govern the hiring of consultants and experts by the Authority.

  1. Prior consent of the Board with respect to certain legal actions.–Notwithstanding anything contained in any law for the time being in force, no legal action shall be initiated against any member, officer or official by any government agency for acts of omission or commission in his official capacity, pertaining to this Act, or the rules or regulation made thereunder, unless the said agency

 

obtains prior consent of the Board by an intimation in writing to the Board along-with supporting evidence to the charges. The Board shall constitute an inquiry committee for the purpose, which shall determine whether there is a prima facie cause for the legal action on the charges. The committee shall give its findings and recommendations to the Board and the decision of the Board on the matter, whether to allow the proposal legal action or not shall be deemed to be final.”.

———————-

ACT NO. XIX OF 2022

NATIONAL METROLOGY INSTITUTE OF PAKISTAN ACT, 2022

An Act to provide for the establishment of National Metrology Institute of Pakistan

[Gazette of Pakistan, Extraordinary, Part-I, 3rd September, 2022]

WHEREAS it is expedient to establish National Metrology Institute of Pakistan as an apex body, for the establishment of infrastructure of metrology to implement and operate a unified and coherent national measurement system as per international requirements and practices for quality assurance and management system and to support the legal metrology in Pakistan and matters ancillary thereto or connected therewith;

It is hereby enacted as follows:–

  1. Short title, extent and commencement.–(1) This Act shall be called the National Metrology Institute of Pakistan Act, 2022.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

  1. Definitions.–In this Act, unless there is anything repugnant in the subject or context,–

(i)       “APMP” means the Asia Pacific Metrology Program;

(ii)      “BIPM” means the Bureau Internationale Des Poid Et-Measures i.e International Bureau of Weights and Measures;

(iii)     “Board” means the Board of Governors of the Institute constituted under this Act;

(iv)     “calibration” means ”operation that, under specified conditions in a first step, establishes a relation between the quantity values with measurement un-certainties provided by measurement standards and corresponding indications with associated measurement un-certainties (of the calibrated instrument or secondary standard) and in a second step, uses this information to establish a relation for obtaining a measurement result from an indication.

(v)      “Chairman” means the Chairman of the Board;

(vi)     “chemical standards” means certified reference materials and standard solutions;

(vii)    “Director-General means the Director-General of the Institute;

(viii)   “Executive Committee” means the Executive Committee of the Board, constituted under this Act;

(ix)     “Government” means the Federal Government;

(x)      “General Conference of Weights and Measures” means the Conference General Des Poids Et Measures (CGPM) established under the convention de Metre;

(xi)     “Institute” means the National Metrology Institute of Pakistan;

(xii)    “inter-laboratory comparison” means organization, performance and evaluation of measurements and tests on the same or similar items or measuring by two or more laboratories in accordance with predetermined conditions;

(xiii)   ”IPO-Pakistan” means the Intellectual Property Organization of Pakistan;

(xiv)   “IP assets” means the intellectual property assets of the Institute, registered by IPO-Pakistan;

(xv)    “ISO” means International Organization for Standardization;

(xvi)   “ISO/IEC 17025” means international standard for general requirements for the competence of testing and calibration laboratories;

(xvii)  “member” means member of the Board;

(xviii) “metrology” means the field of knowledge concerned with measurements and includes units of measurements and their field of application and all theoretical and practical problems relating to measurements or the science of measurement;

(xix)   “metrological traceability” means property of a measurement result whereby the results can be related to a reference through a documented un-broken chain of calibrations, each contributing to the measurement un-certainty;

(xx)    ”OIML” mean the Organization Internationale De-Metrology Legele i.e International Organization of Legal Metrology;

(xxi)   “PCSIR” means the Pakistan Council of Scientific and Industrial Research;

(xxii)  “physical standards” means measurements that serve as a basis for planning, scheduling and control of production;

(xxiii) ”PNAC” means Pakistan National Accreditation Council;

(xxiv) “prescribed” means prescribed by rules or regulations;

(xxv)  “primary standards” means a standard that is sufficiently accurate, such that it is not calibrated by or sub-ordinate to other standards, primary standards are defined via other quantities like length, mass and time. Primary standards are used to calibrate other standards referred to as working standards;

(xxvi) ”proficiency testing (PT)” means evaluation of participant’s performance against pre-established criteria by means of inter­ laboratory comparisons:

(xxvii)”PSQCA” means the Pakistan Standards and Quality Control Authority, established under the Pakistan Standards and Quality Control Authority Act, 1996 (VI of 1996);

(xxviii) “quality” means conformity to a given requirement or specification of a product or service or result;

(xxix) ”quality assurance” means a system of activities whose purpose is to provide an assurance that the overall quality control is in fact being done effectively;

(xxx)  “quality control” means a process by which bodies review the quality of all factors involved in production or service;

(xxxi) “reference standard” means standards used to check the quality and metrological traceability of products, to validate analytical measurement methods, or for the calibration of instruments;

(xxxii) “regulations” means regulations made under this Act;

(xxxiii)”RMO'” means Regional Metrology Organization of the Institute;

(xxxiv) “rules”‘ means rules made under this Act;

(xxxv)”secondary standards” means standards which are prepared in the laboratory for a specific analysis and are standardized against a primary standard;

(xxxvi)”services” means type of economic activity that is intangible, not stored and does not result in ownership;

(xxxvii)”SI” means International Systems of Units as adopted by the 11th General Conference of Weights and Measurements (CGPM) through its resolution 12, in 1960;

(xxxviii) “standards” means a level of quality or achievement, especially one that relevant expert consider normal or acceptable or a technical specification or other document available to the public, drawn up with the cooperation and consensus or general approval of all interests effected by it, based on the consolidated results of science, technology and experience aimed at the promotion of optimum community benefits and introduced under this Act;

(xxxix) “testing” means the action or process of examining a substance under known condition, in order to determine its identity and quality or one of the constituents and includes the action by which the physical properties, materials and machines are tested in order to determine their particular requirements or performances;

(xl)     “training” means training of technical staff in the field of standardization, testing, quality control, legal metrology, inspection and industrial research of public and private sector in Pakistan, as well as of trainees from other countries.

(xli)    “TDAP” means the Trade Development Authority of Pakistan;

(xlii)   “Technical Advisory Committee” means the Technical Advisory Committee constituted under this Act; and

(xliii)  “units of measurement” means a definite magnitude of a quantity, defined and adopted by convention or by law that is used as a standard for measurement of the same kind of quantity.

  1. Establishment of the National Metrology Institute of Pakistan.–(1) On the commencement of this Act, the existing National Physical and Standard Laboratories (NPSL), an entity of the PCSIR, shall stand separated from PCSIR, reconstituted and established as the National Metrology Institute of Pakistan (NMIP) hereinafter called as the Institute, in accordance with the provisions of this Act.

(2) The Institute being the national custodian of metrological standards shall be a body corporate having perpetual succession and a common seal, with powers, subject to the provisions of this Act,
to acquire and hold property and shall by the said name sue and be sued.

(3) The Institute shall be at its existing place in Islamabad and it may establish its regional campuses anywhere in Pakistan, as the need may be, with the prior approval of the Board.

  1. Functions of the Institute.–The Institute shall–

(I) realize, acquire, keep, maintain, update, archive and disseminate at national level, the primary, reference and secondary measurement standards and other derived standards of measurements in conformity with the international system (SI) of base or primary, derived and supplementary units, described as under, namely:–

(A)     the description of SI primary units is as under:–

(i)       the primary unit of length shall be metre, denoted as “m”;

(ii)      the primary unit of mass shall be kilogram, denoted as “kg”;

(iii)     the primary unit of time shall be second, denoted as “s”;

(iv)     the primary unit of electric current shall be ampere, denoted as “A”;

(v)      the primary unit of thermodynamic temperature shall be Kelvin denoted as “K”, where the Kelvin scale uses the degree Celsius (C) for its unit increment;

(vi)     the primary unit of luminous intensity shall be candela, denoted as “cd”;

(vii)    the primary unit of amount of substance shall be mole, denoted as “mol”;

(B)     the description of secondary (derived) units of measurements is as under:

(i)       the unit of volume shall be cubic metre, denoted as “m'”;

(ii)      the unit of specific volume shall be cubic metre per kilogram, denoted as “m3 kg-1 ;

(iii)     the unit of density shall be kilogram per cubic metre, denoted as “kg m-3;

(iv)     the unit of pressure shall be pascal, denoted as “Pa”;

(v)      the unit of power shall be watt, denoted as “W”;

(vi)     the unit of Frequency shall be denoted as “Hz”;

(vii)    the unit of kinematic Viscosity shall be Centistokes, denoted as “cSt”;

(viii)   the unit of electrical voltage or potential shall be Volt denoted as “V”;

(C)     the description of supplementary units of measurements is as under:–

(i)       Geometric variables          Units

(ii)      Phase angle,                     radian, rad

(iii)     Solid angle,                                   steradian, sr

The supplementary unit is referred as a dimensionless unit, which is employed with the fundamental units to create the derived units. The supplementary units are utilized in two major geometric variables such as phase angle and solid angle.

(D)     reference standards are as under:–

(i)       the institute may cause to acquire, process, keep and maintain as many sets of such standards of measure or multiples or sub-multiples thereof, to be called reference standards as it may consider expedient and cause the measure of each such set to be authenticated as having been ascertained from the primary units of measure; and

(ii)      the reference standards shall be kept and maintained at the institute, in such custody and in such manner as may be prescribed; and

(E)     secondary standards are as under:–

(i)       for the purpose of verifying the correctness of the working standards, the institute may cause to produce & provide as many sets of authenticated standards, to be called the secondary standards, as it may consider expedient;

(ii)      the secondary standard shall be made of such material, be of such weight, length, form and specifications and made in such a manner as may be prescribed and shall be stamped and authenticated by such person as the institute may direct;

(iii)     the secondary standards shall be kept at such places, in such custody and in such manner as may be prescribed;

(iv)     a secondary standard shall be verified or re-verified with the reference standards at least once in every period of five years and shall be adjusted or renewed, if necessary, and shall be marked with the date of verification in the prescribed manner by such person as the institute may direct; and

(v)      a secondary standard which is not so verified, adjusted or renewed and marked within the aforesaid period shall not be deemed legitimate and shall not be used for the purpose of this Act;

(2) establish unbroken chain of metrological traceability to BIPM standards and its delivery down the ladder;

(3) conduct research to develop and improve the techniques of measurement calibration, testing and analysis for obtaining maximum accuracy and precision of physical and chemical standards or measurements;

(4) design and develop secondary and working standards in different fields of metrology as per international requirements;

(5) design and develop testing and calibration instruments for accurate and precise measurement;

(6) provide facilities and services for calibration, testing, verification and standardization of measurement standards and instruments and issue calibration certificates and test reports;

(7) provide facilities for characterization and production of materials of specific properties and to carry out research to produce certified reference material for industrial quality control;

(8) provide metrological support and services to industry and other sector of national economy including legal metrology sector;

(9) carry-out human resource development through training courses workshops, seminars and conferences etc. and issue certificates;

(10) launch awareness schemes for promotion of metrology business in the country for trade enhancement;

(11) regularly participate in the activities and cooperate with national, regional and international organizations for exchange of information, training, and collaborative programs for the promotion of metrological activities and to maintain the accuracy and traceability of national reference standards with internationally acceptable value of respective standards;

(12) regularly participate in the inter laboratory or institute comparisons or proficiency testing programs, arranged by national, regional and international organizations to sustain and fortify the credibility of its services and operations, and get registered;

(13) regularly participate in, arrange or hold the obligatory meetings of different forums including BIPM, APMP, other RMOs and NMIs of scientifically developed economies etc., deemed mandatory for the professional growth of the institute;

(14) undertake contractual research and provide advisory services to industry, scientific or academic institutions and other public and private institutions for the solution of their measurement problems on commercial basis and to generate revenue to strengthen the activities of the Institute and also provide incentives to the researchers of the institute in accordance with the prescribed criteria;

(15) advise the Government and submit policy, recommendations regarding metrology, product and services quality, development, management, conservation and utilization;

(16) publish scientific papers, reports and periodicals, as well as to arrange seminars, workshops and conferences on metrology and associated disciplines;

(17) provide technical support to universities and research institutions for collaborative research projects and fellowships;

(18) commercialize its research and development through training in skills related to the specialized functions of the Institute;

(19) based upon the capability and competence, designate other Institutes as designated institutes to undertake certain metrology business in the areas of their expertise and excellence;

(20) affiliate or attach with an academic institute for research and development and higher education in the field of metrology;

(21) cooperate or conduct such programs with national and international organization, bodies working in the same or similar field and engage in the similar activities and enter into MoUs, agreements or contracts with the prior approval of the Board and the Government on such terms and conditions as it may deem fit within the purview of its charter;

(22) get registered IP assets of the Institute emanating from research or otherwise in IPO-Pakistan to facilitate commercialization and protection of IP assets; and

(23) adopt and implement updated metrological definitions and any other metrological standard and or system as and when so directed by the Government.

  1. Management.–The management of the Institute shall consist of–

(a)      Board of Governors;

(b)      Executive Committee of the Board;

(c)      Director-General; and

(d)      Technical Advisory Committee.

  1. Board of Governors.–The general direction and superintendence of the affairs of the Institute shall vest in the Board constituted under this Act, which may exercise all powers and do all acts and things which may be exercised or done by the Institute.
  2. Composition of the Board of the Governors.–(1) The Board shall consist of the following:

(a)      Minister of the Division concerned.         Chairman

(b)      Secretary of the Division concerned.       Vice-Chairman

(c)      Secretary of the Finance Division or his representative not below the rank of Joint Secretary.                                             Member

(d)      Secretary of the Division allocated with the business of industries or his representative not below the rank of Joint Secretary.                Member

(e)      Secretary of the Division allocated with the business of defence production or his representative not below the rank of Joint Secretary.                 Member

(f)       Secretary of the Division allocated with the business of commerce or his representative not below the rank of Joint Secretary.                Member

(g)      Vice-President, Trade Development Authority of Pakistan.                    Member

(h)      Director-General, Pakistan Standards and Quality Control Authority or his representative.                                       Member

(i)       three reputed scientists or engineers having expertise in the field of metrology, nominated by the Government.              Member

(j)       Secretary, Industries and Commerce of each province, including Gilgit-Baltistan and Azad Jammu and Kashmir or their representatives.                   Members

(k)      Director-General, National Metrology Institute of Pakistan.                   Member

(2) The Director-General of the Institute shall act as the Secretary of the Board.

(3) The Government may increase or decrease the number of the Board members and the Board may co-opt any person as and when deemed appropriate.

  1. Functions and powers of the Board.–(1) The Board shall–

(a)      review and approve annual, short term and long term plans, policies targets and schemes of the Institute;

(b)      approve research projects proposed by the Technical Advisory Committee;

(c)      approve the business strategy and plans of the Institute;

(d)      approve the annual development and non-development budget of the Institute;

(e)      create, upgrade, downgrade, abolish or re-designate any post and to rationalize the ratio between the technical and non-technical staff, officers and officials of the Institute;

(f)       engage technical and non-technical personnel and such consultants, advisors or experts, from time to time, on such terms and conditions as it may deem necessary for efficient performance of the functions of the Institute;

(g)      propose to the Government, rules for carrying out the activities considered necessary for achieving efficient functioning of the Institute under this Act.;

(h)      adopt any rule and policy of the Government, in full or part thereof, for implementation within the institute for its efficient performance and smooth operations;

(i)       approve schemes and programmes for carrying out collaborative research with regional and international bodies and institutes in various fields of metrology;

(j)       take all measures to address, fulfill, smoothly perform and achieve the functions of the Institute; and

(k)      consider and approve new areas of activity for the Institute and open new centers or campuses at other locations, as and when deemed appropriate.

(2) The Board may delegate all or any of its powers by general or special order in writing, directing that such of its powers shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised by the Chairman, Executive Committee, or a member or officer of the Institute.

(3) The Board may co-opt technical expert from provinces, in the committee for consultation, as and when need arises.

  1. Terms of office of members.–(1) Save as hereinafter provided, a member, other thanex-officiomember, shall hold office for a period of three years from the date of his appointment:

Provided that a member may be removed from his office on account of misconduct in accordance with the procedure applicable to the corresponding level of Government servants.

(2) A member, other than an ex officio member, may at any time resign in writing under his hand addressed to the Government.

  1. Meetings of the Board.–(1) Save as hereinafter provided, the Board shall regulate the procedure for its meetings.

(2) Meetings of the Board shall be called by its Chairman and in his absence by the Vice-Chairman on such date and time and places as he may deem fit: Provided that not less than two meetings shall be held in a year.

(3) Eight members of the Board including Chairman or Vice-Chairman shall constitute the quorum of the Board.

(4) The decisions of the Board shall be expressed in terms of opinion of the majority of the members present in a meeting and in the event of equality, the Chairman or the Vice-Chairman presiding the meeting shall have a casting vote.

(5) Each meeting of the Board shall be presided over by the Chairman or, in his absence, by Vice-Chairman or any other member so authorized by the Chairman.

  1. Executive Committee of the Board.–(1) Notwithstanding anything contained in this Act, the Executive Committee shall take decisions on behalf of the Board subject to ratification by the Board at its meeting immediately following the meeting of the Executive Committee, unless otherwise authorized by the Board.

(2) The Executive Committee shall comprise the following members, namely:-

(a)      Director-General.                                         Convener

(b)      dealing officer not below the rank of Joint Secretary of the Division concerned with science and technology.                               Member

(c) two senior most scientists of the Institute.        Members

(3) Subject to the provisions of this Act and the rules and regulations made thereunder and such general or special direction as may, from time to time, be given by the Board, the Executive Committee shall deal with any matter authorized by the Board.

  1. Director-General.–(1) the Government or a person authorized by it in this behalf, shall appoint a Director-General from amongst the persons fulfilling the requirements of sub-section (2), for a term of four years extendable further, upon the recommendations of the Board, for a period not exceeding four years, on conditions as may be prescribed.

(2). No person shall be appointed as Director General unless having at least MS or M.Sc. degree in natural or physical sciences, or equivalent in engineering sciences from a university recognized by the Higher Education Commission. with at least fifteen years experience in senior management cadre including five years in the field of metrology.

  1. Powers and functions of the Director-General.–The Director­General shall be the chief executive of the Institute, who shall–

(a)      from time to time, for the purpose of ensuring efficient functioning of the Institute and to facilitate its day to day functions, delegate to any of the officers of the Institute, such of his functions, powers or duties as he may consider necessary;

(b)      formulate business and research plans and submit to the Board for approval;

(c)      ensure the protection of all assets of the Institute including intellectual property assets in collaboration with IPO-Pakistan;

(d)      promote commercialization of research and development work and IP assets of the Institute linking it with the market demand;

(e)      arrange for annual performance evaluation of the Institute from technical and professional auditors;

(f)       prepare the annual report of the Institute for submission to the Government which may also place it before the Parliament;

(g)      identify areas of strength and weakness and formulate remedial programs;

(h)      commission industry specific studies to identify technical problems and to approve plans for technical, scientific input by the Institute towards their solution;

(i)       arrange management and technical courses on regular basis for managerial cadres of the Institute and metrological measurement courses for export oriented industry personnel; and

(j)       appoint, subject to the provisions of clause (f) of Section 8, such officers and officials, as may be necessary for efficient performance of the functions of the Institute, on such terms and conditions as may be prescribed.

  1. Technical Advisory Committee.–There shall be a Technical Advisory Committee of the Institute comprising–
(a) Director General of the Institute; Chairperson
(b) Deputy Director General of the Institute; Member
(c) two senior most scientists of the Institute; Member
(d) a representative from the Division allocated with business of defense production; Member
(e) two representatives from industrial sector, to be nominated by the Director General of the Institute; Member
(f) representative from Pakistan Standards and Quality Control Authority; and Member
(g) representative from Pakistan National Accreditation Council; Member
  1. Powers of the Technical Advisory Committee.–The Technical Advisory Committee shall–

(a)      identify and prepare research programmes and projects relevant to the industry and market demand;

(b)      propose annual, short term, long term development programmes and business strategy and plans of the Institute;

(c)      advise and report on any technical matters referred to it by any forum;

(d)      conduct performance evaluation of the research programmes for consideration by the Board;

(e)      identify and propose need based future policies and plans; and

(f)       evaluate and guide demand-oriented development projects for the Institute and propose annual and five years development programmes, render advice and report on any technical matter referred to it by the Board or Executive Committee or Director General, or as the case may be.

  1. Fund of the Institute.–The fund of the Institute shall consist of–

(a)      grants from the Government;

(b)      Conations and endowments;

(c)      funds generated through sale proceeds, technical and Consultancy services and income from IP assets;

(d)      loans aid and donations from national, regional or international agencies;

(e)      research grants; and

(f)       funds transferred on the separation of National Physical and Standards Laboratory from Pakistan Council of Scientific and Industrial Research and its re-constitution as an Institute.

  1. Appointment of officers, staff, etc.–(1) The Institute may, from time to time, appoint such officers and staff as it may consider necessary for the efficient performance of its functions, on such terms and conditions as may be prescribed.

(2) The Institute may engage experts or consultants on such terms and conditions as may be prescribed.

  1. Budget and accounts.–(1) The Director General shall, in respect of each financial year, submit for the approval of the Board, a statement showing all the expenditures incurred during the year along-with estimated receipts and expenditures for the next financial year.

(2) The Institute shall, by such date and in such form as may be prescribed, submit to the Government for the approval of its budget for each financial year showing the estimated receipts and expenditure and the sums which are likely to be required from the Government during the financial year.

(3) The accounts of the Institute shall be maintained in such form and manner as may be determined by the Auditor General of Pakistan.

(4) The accounts of the Institute shall be audited to the Auditor General of Pakistan.

  1. Submission of reports, etc.–The institute shall submit to the Government, at such time and at such intervals as the Government may specify,

(a)      annual report on the working of the Institute and its ranking on the global level as a competitive ranking;

(b)      such periodical reports and summaries as may be required by the Government;

(c)      such periodical return, accounts, statements and statistics as may be required by the Government;

(d)      information and comments asked for by the Government on any specific point;

(e)      copies of the documents required by the Government; and

(f)       original documents required by the Government for examination or any other purpose.

  1. Directives from the Government.–The Government may, from time to time, issue to the Institute such directives and orders as it may consider necessary for carrying out the purposes of this Act and the Institute shall follow and carry out such directives and orders.
  2. Discoveries and inventions to vest in the Institute.–All rights relating to discoveries and inventions and any improvements in materials, methods, processes, apparatus or equipment made by any officer or employee of the Institute in the course of his employment shall vest in the Institute.
  3. Declaration of fidelity and secrecy.–Every member, advisor, officer or other employee of the Institute shall make such declaration of fidelity and secrecy as may be prescribed.
  4. Power to make rules.–(1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for–

(a)      the functions and powers of the Chairman, Director General and other functionaries of the Institute; and

(b)      the conditions under which the Institute may enter into arrangements or agreements with other institutions, individual organizations, whether public, private or autonomous bodies.

  1. Power to make regulations.–(1) The Board may, by notification in the official Gazette, make regulations not inconsistent with the provisions of this Act or the rules made there under, providing for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act and the efficient and smooth conduct of the affairs of the Institute.

(2) In particular and without prejudice to the generality of the foregoing provision, the regulations may provide for–

(a)      the criteria for appointment, promotion and other service matters of the employees of the Institute;

(b)      the career structure of the Institute and terms and conditions of service of the employees of the Institute including pension and disciplinary matters;

(c)      the grant of performance based incentives for the motivation of the employees of the institute;

(d)      the conduct of business at the meetings of the Board and the Executive Committee;

(e)      the duties, functions and conduct of the officers and employees of the Institute;

(f)       preparation of annual estimates of income and expenditure and supplementary estimates;

(g)      the use and disbursement of funds earned by the Institute on account of testing, calibration, analysis, sale, training, advisory, consultancy and other services;

(h)      the forms of returns and statements for various purposes;

(i)       the scheme of benevolent funds, group insurance and constitution of general provident fund and welfare fund for the employees of the institute;

(j)       the investment of the funds of the Institute in various schemes of Government or its financial development institutions for the general welfare of the employees of the Institute;

(k)      the manner in which payments are to be made by or on behalf of the Institute and the officers by whom orders for making deposits or investments or for withdrawals or any other disposal of the income or funds of the Institute shall be authenticated, made or signed;

(l)       extension of medical housing, transport, loans, grants and other facilities for the well-being and welfare of the employees of the Institute; and

(m)     the custody and use of common seal of the Institute.

  1. Continuance of certain rules etc.–All rules, regulations and bye-laws made by the PCSIR in force immediately before the commencement of this Act which relate to provisions of this Act shallmutatis mutandis,and so far as they are not inconsistent with any of the provisions of this Act, continue in force until repealed or amended by rules or regulations made under this Act.
  2. Repeal and savings.–(1) The provisions of Weights and Measures (International System) Act, 1967 (V of 1967) and any other law for the time being in force to the extent of the matters covered under this Act shall stand repealed.

(2) Upon the commencement of this Act,–

(a)      all assets, rights, powers authorities and privileges and all property movable or immovable, cash and bank balance, reserve funds, investments and all other interests and rights in or arising out of such property and all debts all liabilities and obligations of whatever kind of the NPSL subsisting immediately before its separation from PCSIR shall stand transferred to and vest in the Institute;

(b)      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 NPSL before its separation and reconstitution as NMIP, shall be deemed to have been incurred, entered into, acquired or engaged to be done by, with or for the Institute;

(c)      all suits and other legal proceedings instituted by or against the NPSL before its separation from PCSIR and reconstitution as NMIP shall be deemed to be suits and legal proceedings by or against the Institute and may be proceeded or otherwise dealt with accordingly;

(d)      all actions done by the NPSL before the commencement of this Act shall be deemed to be done under this Act;

(e)      all officers and other employees of the NPSL shall, notwithstanding anything contained in any law or in any agreement, deed, document or other instrument, stand transferred to the Institute in accordance with the present terms and conditions of the service applicable to them; and

(f)       on transfer under clause (e), all existing officers and employees shall, within ninety days of the commencement of this Act, exercise an irrevocable option either to become employees of the Institute established under this Act or continue on their existing terms and conditions of service, including their pension, general provident fund, gratuity, housing and other fringe benefits, applicable immediately before commencement of this Act.

————

ACT NO. IX OF 2022

ALLIED HEALTH PROFESSIONALS
COUNCIL ACT, 2022

An Act to make the provisions for the establishment of the Allied Health Professionals Council

[Gazette of Pakistan, Extraordinary, Part-I, 5th March, 2022]

No. F. 9 (14)/12022-Legis., dated 3.3.2022.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 28th February, 2022 is hereby published for general information:-

WHEREAS it is expedient to establish an Allied Health Professionals Council in Pakistan for the purposes of making a uniform standard of basic and higher qualification in various Allied Health disciplines and to consolidate the law relating to the registration of all professionals in various disciplines of Allied Health Professionals;

WHEREAS, it is necessary to regulate education, training, practice, functions and registration of Allied Health Professionals in the Pakistan for public health.

It is hereby enacted as follows:–

1. Short title, extent commencement.–(1) This Act shall be called the Allied Health Professionals Council Act, 2022.

(2) It shall extend to the whole of Pakistan.

(3) It shall come into force at once.

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

(a)      “Allied Health Professionals” or “AHP” means Person who provides diagnostic, therapeutic, Preventive, curative or rehabilitative services in health care, in a prestribed Manner and has undergone a prescribed course of training in a recognized institution and is registered as an Allied Health Professional by the body formed for the purpose, as per Sehedule-I;

(b)      “bachelor degree” means any degree, duly recognized by the council, of at least four years duration after higher secondary school granted by a university or an institution;

(c)      “basic qualification” means certificate or diploma course for Allied Health Professionals recognized by the council;

(d)      “certificate” means any recognized qualification pursuant to at least a one year training duration granted by an institution recognized by the Council;

(e)      Council means the Allied Health Professionals Council established under Section 3;

(f)       “continuous professional development” means skill enhancement and improvement of personal and professional competency which shall-

(i)       Comprise of lectures, seminars, courses, individual study or other activities undertaken by a Registered AHP; and

(ii)      reasonably be expected to advance a Registered AHP’s development in his or her related profession.

(g)      “continuous professional development opportunity provider” means an institution or organization providing continuous professional development opportunities recognized by the council;

(h)      “diploma” means any recognized qualification of at least two years or greater duration granted by an institution recognized by the Council to grant such qualification under this act;

(i)       “doctorate degree” means any degree higher than an M. Phil or masters degree, recognized by the Higher Education Commission of Pakistan and which is recognized by the council as applicable towards qualifications of an AHP;

(j)       “eligible” means any person eligible for registration of recognized qualification under this act;

(k)      “Ex-officio member” means members of the Council nominated under clauses (a) and (b) of sub-section (3) of Section 3 of this Act and who shall not have the right to vote or hold any elected position in the Council;

(l)       “healthcare establishment” means any premises used or intended to be used for the provision of health care services, including but not limited to a hospital, teaching hospital, burn health center, basic health units, surgical centers, blood banks, maternity homes, nursing homes, clinics, clinical laboratories, dispensaries, dental clinics, x-ray laboratories, diagnostic center, centers for nuclear medicine or radiation therapy, ambulatories, psychiatric hospitals, bum units, psychiatric nursing homes, community mental health center, hemodialysis center, dialysis center, rehabilitation center or clinic or centers and such other health care or premises as may be declared from time to time by the Federal or Provincial Government or byelaw;

(m)     “Higher qualification” means a bachelor’s degree or higher qualification as recognized by the Council for AHP;

(n)      “institution” means an institute, college or university which is recognized under this act to grant or train basic or higher qualification for AHP;

(o)      “masters degree” means any post graduate degree granted by a university or an institution recognized by the Council;

(p)      “Member” means a member of the Allied Health Professionals Council;

(q)      “M. Phil” means any post-master degree granted by a university or an institution recognized by the Council;

(r)      “National Medical Authority” means the Authority constituted under Section 15 of the Pakistan Medical Commission Act, 2020;

(s)      “Prescribed” means prescribed by rule or regulation;

(t)      “Recognized Qualification” include:

(i)       a basic qualification for AHP recognized by the council; or

(ii)      a higher qualification for AHP recognized by the council; or

(iii)     a basic or higher qualification for AHP which was registered under any law, before the commencement of this Act, which shall be considered as a recognized qualification.

(u)      “List of disciplines” categorized as allied health professional will be as included, added or notified by the concerned administrative division or Ministry, in Schedule-I to this Act; and shall include disciplines that are formally taught by a recognized institution and are related to patient care.

(2) Any other expressions used but not defined in this Act, shall have the same meanings assigned thereto in the respective laws and rules made thereunder.

3. Establishment of the Council.–(1) There shall be a council hereinafter known as the Allied Health Professionals Council, to be constituted by the Prime Minister.

(2) The head office of the Council shall be in Islamabad and the Council shall establish offices in each Province and may in any other regions as required.

(3) The Council shall consist of the following members, namely:–

a.       Director General Health, of the Federal and Provincial Governments (Ex-officio member);

b.       a Representative of the Medical Corps of the Armed Forces to be nominated by the Surgeon General;

c.       one health professional to be nominated by each province, GB and AJK Government from the categories at Schedule-I from a public or private sector university or affiliated college/ institute in the province;

d.       One health professional to be nominated by the Federal Government from the categories at Schedule-I from a public or private sector university or affiliated college in Islamabad Capital Territory;

e.       three members of civil society from amongst nationally recognized philanthropists or persons of known repute, a legal professional and a chartered accountant nominated by the Prime Minister of Pakistan; and

f.        upon the Constitution of the advisory committees, the chairman of each advisory committee shall be a co-opted member of the Council subject having voting rights on issues of their discipline brought before the Council.

(4) The council shall be a body corporate, having perpetual succession and a common seal, with power to acquire and hold property both movable and immovable, and shall by said name sue and be sued.

4. Power and functions of the Council.–(1) The Council shall perform the following functions, namely:–

(a)      regulate the standard of services for the practice of AHP;

(b)      define, in consultation with the appropriate advisory committee, the scope and standards of study, instruction and training in recognized institutions in Pakistan and ensure they are maintained;

(c)      create category-specific advisory committees of relevant professionals for categories in Schedule-I in which the basic qualifying qualification is a recognized university degree;

(d)      set practice standards of proficiency and conduct for AHP;

(e)      register AHP as practitioners;

(f)       assist health facilities regulatory bodies to monitor and inspect Allied Health Facilities;

(g)      facilitate continuing professional development of AHP practitioners;

(h)      determine and implement post registration continuing education – and continuing professionals development programmers for AHP practitioners;

(i)       ensure that the education and training of AHP in Pakistan are carried out at approved educational institutions;

(j)       advise the Federal and Provincial Governments on matters relating to allied health practice;

(k)      develop standards of licensing examination for AHP practitioners;

(l)       inquire and investigate into violation of any of the provisions of this Act, and rules and regulations made thereunder;

(m)     take measure for the welfare of the employees of the council;

(n)      prepare and implement annual plans;

(o)      approve annual accounts, budget and estimates of income and expenditure;

(p)      collaborate with international and national institutions, organizations and companies to secure their assistance. cooperation and support for improvement of allied health profession; and

(q)      perform any other functions that are ancillary to the objectives of the council.

(2) All actions of the Council shall be taken in accordance with the provisions of this Act and the Council shall explicitly define the scope of practice in each category or discipline. The council will ensure that the right to prescribe drugs may not be given to any AHP and ensure that the authorization to use any medical devices will be explicitly defined and limited to the scope of work of the category or discipline.

(3) The Council shall ensure that no AHP shall designate himself as doctor for professional purposes.

5. Restrictions on nominations.–(1) No person shall be eligible for nomination under Clauses (c), (d), (e) and (g) of sub-section (3) of Section 3, unless he is a registered AHP.

(2) No person shall be eligible for nomination under clauses (d) and (e) of sub-section (3) of Section 3 unless he resides in the Province concerned or as the case may be, the ICT or a federal territory or region.

6. Term of office of the members.–(1) The President of the Council shall be elected by the members of the Council by majority of votes from amongst its members, in its first meeting.

(2) Subject to provisions of this section, a member, other than an ex-officio member, shall hold office for a term of four years from the date of notification of such member after nomination by the nominating authority.

(3) A member may at any time resign from his membership by presenting his resignation in writing addressed to the President of the Council and the seat of such member shall be deemed to have fallen vacant from the date of acceptance of his resignation by the President of the council.

(4) A member shall be deemed to have vacated his seat,–

(a)      if the membe