(Pb Act XXI of 1973)
[15 December 1973]
An
Act to provide for the establishment of an Agricultural Development and
Supplies Corporation in the Province of the Punjab
Preamble.— WHEREAS it is expedient to establish an
Agricultural Development and Supplies Corporation for the purpose of increasing
agricultural production in the Punjab and to succeed to the business, projects,
undertakings and properties of the Supply Wing of the defunct West Pakistan
Agricultural Development Corporation to the extent such business, projects,
undertakings and properties stand transferred to the Province of the Punjab on
the dissolution of the West Pakistan Agricultural Development Corporation in
pursuance of the West Pakistan Agricultural Development Corporation
(Dissolution) Order, 1972 (P.O. No.5 of 1972);
It
is hereby enacted as follows:-
CHAPTER
I
PRELIMINARY
1. Short title, extent and commencement.— (1) This Act shall be called the Punjab
Agricultural Development and Supplies Corporation Act, 1973.
(2) It shall extend to the whole of the
Province of the Punjab.
(3) It shall come into force at once.
2. Definitions.— In this Act, unless there is anything
repugnant in the subject or context—
(a) “Adviser”
means Adviser of the Corporation, other than the Chairman or Member;
(b) “Board”
means the Board of Members and the Chairman of the Corporation.
(c) “Chairman”
means the Chairman of the Board and includes any person for the time being
discharging the functions of the Chairman;
(d) “Corporation”
means the Punjab Agricultural Development and Supplies Corporation, established
under section 3 of this Act;
(e) “employee”
means, an employee of the Corporation;
(f) “Government”
means the Government of the Punjab;
(g) “Managing
Director” means the Managing Director of the Corporation and includes any
person for the time being discharging the functions of the Managing Director;
(h) “Member”
means a member of the Board and includes its Chairman and Managing Director;
(i) “Officer”
means an officer of the Corporation, other than the Chairman or Member;
(j) “prescribed”
means prescribed by rules or regulations;
(k) “regulations”
means regulations made under this Act; and
(l) “rules”
means rules made under this Act.
CHAPTER
II
CONSTITUTION
OF THE CORPORATION
3. Constitution of the Corporation.— (1) As soon as may be, after the
commencement of this Act, there shall be established a Corporation to be called
“The Punjab Agricultural Development and Supplies Corporation”.
(2) The Corporation shall be a body
corporate having perpetual succession and a common seal with power, subject to
the provisions of this Act, to acquire and hold property, both movable and
immovable, and shall by the said name sue and be sued.
(3) The Head Office of the Corporation shall
be at Lahore.
4. Management.— (1) The administration and management of the
Corporation and its affairs shall vest in a Board which may exercise powers and
do all acts and things that may be exercised or done by the Corporation in
accordance with the provisions of this Act.
(2) The
Board, in discharging its functions, shall act on commercial and national
considerations except that it shall be bound to carry out such directions as
the Government may give to it from time to time.
(3) The Government may suspend the execution
of any such resolution or order of the Board as, in the opinion of Government,
contravenes the provisions of this Act, the rules or regulations framed
thereunder or the directions mentioned in sub-section (2) or prohibits the
doing of any act which is to be done or is being done in pursuance of the said
resolution or order, or if the act has been accomplished, order its
rectification in such manner as the Government may direct.
5. Board.— (1) Subject to the provisions of sub-section
(2), the Board shall consist of—
(a) Minister for Agriculture, Government of the
Punjab;
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Chairman.
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(b) Chairman, Punjab Planning and Develop-ment
Board, Government of the Punjab;
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Member.
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(c) Secretary, Agriculture Department,
Government of the Punjab;
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Member.
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(d) Secretary, Finance Department, Government of
the Punjab;
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Member.
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(e) Managing Director, Punjab Agricultural
Development and Supplies Corporation;
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Member/Secretary of the Board.
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(f) Three non-official members to be nominated
by Government, two of whom shall be from the farming community and the third
will be a chartered accountant.
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Members.
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(2) Government may alter, increase or
decrease the membership of the Board as and when it considers necessary.
6. Managing Director.— (1) Government shall appoint a Managing
Director of the Corporation who shall be its chief executive.
(2) The Managing Director shall—
(a) be
a whole-time officer of the Corporation;
(b) perform
such duties as may be prescribed or as the Board may assign to him;
(c) subject
to the provisions of sections 8, 9 and 10, hold office as Managing Director for
such term as may be provided in the contract of employment and subject as
aforesaid—
(i) shall
remain in office as Managing Director thereafter for three months or until a
successor in that office is appointed, whichever is earlier;
(ii) may
be appointed to hold the said office for such further term as Government may,
with his consent determine;
(d) receive
such salary and allowances as Government may determine; and
(e) on
appointment, notify to Government, the movable and immovable assets held by him
including shares, etc. and also obtain prior permission of Government before
acquiring any property and shares during the term of his office.
7. Term of Office of nominated members.— Subject to the provisions of sections 8, 9
and 10, a Member nominated under clause (f) of sub-section (1) of section 5
shall hold office for such term, not exceeding three years, as may be
determined by Government, and may be nominated thereafter for a further term or
terms of such duration as Government may, in nominating thereto, determine.
8. Disqualifications of Managing Director
and nominated members.— No
person shall be appointed as Managing Director or nominated as member or, as
the case may be, shall continue as Managing Director or member, who—
(a) is,
or at any time has been, convicted of an offence involving moral turpitude;
(b) is,
or at any time has been, adjudged insolvent;
(c) is
found a lunatic or becomes of unsound mind;
(d) is,
or at any time has been, disqualified for appointment in or dismissal from
Government service;
(e) is
under the age of twenty-five years;
(f) is
not a citizen of Pakistan; or
(g) has
any pecuniary interest in any institution administered, run or controlled by
the Corporation or directly or indirectly, or through a partner has any share
or interest in any contract or employment with, by or on behalf of the
Corporation or in any property, which, in his knowledge, is likely to benefit
as a result of the operations of the Corporation.
9. Removal of Managing Director.— Government may, after affording him a
reasonable opportunity to show cause, by order in writing, remove the Managing
Director, if he—
(a) refuses
or fails to discharge or becomes, in the opinion of Government, incapable of
discharging his responsibilities under this Act;
(b) has,
in the opinion of Government, abused his position as Managing Director or
Member;
(c) has
knowingly acquired or continued to hold, directly or indirectly or through a
partner, any share or interest in any contract or employment with, by or on
behalf of the Corporation or in any property, which, in his knowledge, is
likely to benefit or has benefitted as a result of the operations of the
Corporation;
(d) has,
in the opinion of Government, violated the declaration of fidelity and secrecy
provided under section 12; or
(e) has
absented himself from three consecutive meetings of the Board without the leave
of Chairman.
10. Resignation
by or removal of a nominated member or the Managing Director.— Notwithstanding
anything contained in this Act,—
(a) a
nominated member may, at any time before the expiry of his term of office,
resign his office or be removed from office by Government; and
(b) the
Managing Director may, before the expiry of his term of office, resign or be
removed from office according to the terms of his employment.
11. Appointment of officers etc., of the
Corporation.— (1) The
Corporation may appoint such officers, advisers and servants as it deems
necessary for the efficient performance of its functions on such terms and
conditions as may be prescribed:
Provided
that the Corporation shall not be precluded from making any appointment on
contract basis on such terms and conditions as it may deem fit.
(2) The Corporation shall appoint such
officers, advisers and servants as may be transferred to it by Government on
such terms and conditions as may be determined by Government.
12. Declaration of fidelity and secrecy.— (1) Every member, adviser, officer and other
employee of the Corporation shall, before entering upon his office, make such
declaration of fidelity and secrecy as may be prescribed.
(2) Any adviser, officer or other employee
of the Corporation, who, in the opinion of the Board or a person authorised by
the Board in this behalf, has violated the declaration of fidelity and secrecy
made by him under sub-section (1) shall be liable, after being given reasonable
opportunity of showing cause against the action proposed to be taken with
respect to him, be removed forthwith from his office.
13. Financial, technical and advisory
committees.— The Board may,
in such manner as may be prescribed, constitute such financial, technical and
advisory committees as may be deemed necessary for carrying out the purposes of
this Act.
14. Immunity of the Managing Director and
employees of the Corporation.—
(1) Every member, adviser, officer and employee of the Corporation shall be
indemnified by the Corporation against all losses and expenses sustained or
incurred by him in the discharge of his duties; save such losses and expenses
as are sustained and incurred as a result of his own wilful act or default.
(2) The Managing Director shall not be
personally responsible for the acts of any other member, adviser, officer or
employee of the Corporation which he could not have reasonably prevented by the
due exercise of his powers and functions under this Act and the rules and
regulations made thereunder or anything done by him in good faith in execution
of the duties of his office.
15. Delegation of powers.— (1) The Board may, by general or special
order delegate to the Managing Director, a Member, officer or employee of the
Corporation any of its powers, duties or functions under this Act or the rules
and regulations made thereunder, subject to such conditions as it may deem fit
to impose.
(2) The Managing Director may likewise
delegate to any officer any of his powers under this Act or the rules or
regulation made thereunder not being a power delegated to him by the Board
under sub-section (1).
16. Meetings of the Board.— (1) The meetings of the Board shall be held
at such time and place as may be prescribed:
Provided
that at least one meeting shall be held during each quarter of the year:
Provided
further that until regulations are made in this behalf, such meetings shall be
held at such time and place as may be determined by the Chairman.
(2) The quorum required for transacting
business at a meeting of the Board shall be four:
Provided
that for the budget meeting of the Board, one of the four members constituting
the quorum shall be the Finance Secretary.
(3) Each
member, including the Chairman, shall have one vote but in the event of
equality of votes the Chairman shall have a casting vote.
(4) The
meetings of the Board shall be presided over by the Chairman and in his absence
by such member as may be nominated by him.
(5) No act or proceeding of the Board shall
be invalid merely on the ground of the existence of any vacancy in the Board.
(6) The minutes of every meeting, stating
among other things, the names of the members present, shall be drawn up and
recorded in a book to be kept for the purpose and shall be signed by the person
presiding over the meeting and such book shall, at all reasonable times and
without payment of any fee, be open to inspection by any member.
(7) The Managing Director shall circulate to
all concerned the copies of the minutes of every meeting.
(8) If
Government so directs the Managing Director shall forward to it copies of all
papers laid before the Board for consideration at a meeting.
(9) Government
may require the Managing Director to furnish to it—
(a) any return, statement, estimate, statistics or
other information regarding any matter under the control of the Corporation;
(b) a
report on each matter ; or
(c) a
copy of any document in his charge, and the Managing Director shall comply with
any such requisition without any undue delay.
17. Power of Board to associate other persons.— (1) The Board may associate with itself, in
such manner, on such terms and for such period as it may deem fit, any person
whose assistance or advice it may desire to avail in carrying out any of the
purposes of this Act.
(2) A person associated under sub-section (1),
for any purpose shall have a right to take part in the discussions relating to
such purpose in the Board’s meeting but shall not have a right to vote, and
shall not be deemed to be a Member for that or any other purpose.
CHAPTER
III
POWERS AND FUNCTIONS OF THE
CORPORATION
18. Powers and functions of the Corporation.— (1) Subject to the provisions of this Act,
the Corporation may take such measures, exercise such powers as it considers
necessary or expedient, undertake any works, incur any expenditure, procure any
plants, machinery or materials required for its use, and may enter into any
contract and do all acts and things necessary for carrying out the purposes of
this Act.
(2) In particular and without prejudice to
the generality of the foregoing powers, the Corporation shall—
(a) make suitable arrangements for the production,
procurement from abroad and within the country from public or private agencies
on consignment basis or otherwise, transport, storage and distribution to
agriculturists and Agriculture Department of Government, of supplies such as
seed, fertilizers, gypsum (calcium sulphate), plant protection equipment,
pesticides, weedicides and agricultural machinery including tractors and
tubewells, its spare parts and implements (hereinafter in this Act referred to
as the agricultural supplies):
Provided
that—
(i) some or any of the agricultural supplies may
be distributed free or at subsidised rates with the previous approval in
writing of Government;
(ii) the agricultural supplies may be distributed
either through private or public sectors or both; and
(iii) Government shall have the right of making such
arrangements as it may consider necessary for the procurement, transport,
storage and distribution to agriculturists and Agriculture Department of
Government, of all or any of the agricultural supplies and in case and to the
extent Government decides to exercise or exercises such right, the Corporation
shall not in that case and to that extent make such arrangements;
(b) take
over and manage, if so directed by Government such multiplication farms and
fruit nurseries as are owned and managed by Government on such terms and
conditions as may be specified by Government;
(c) make
suitable arrangements of multiplication of certified seed on private farms
under its supervision;
(d) make
suitable arrangements for certification of seed in such manner as may be
prescribed;
(e) assist,
encourage and promote the establishment of seed producing concerns;
(f) assist,
encourage and promote the manufacture of improved agricultural machinery and
implements;
(g) assist,
encourage and promote the establishment of industries for formulating or
manufacturing of insecticides, pesticides or fungicides;
(h) be
responsible for—
(i) preparing and submitting Seed Laws to Government for promulgation;
(ii) giving effect to Seed Laws;
(iii) preparing and submitting schemes for distribution of fertilizers
and pesticides to Government for purposes of approval and publication; and
(iv) giving effect to such approved schemes.
(3) In addition to the functions enumerated
in sub-section (2), the Corporation may—
(a) enter
into commercial transactions with any person or organization concerning any
agricultural supplies;
(b) contribute
towards the cost of any studies, surveys, experiments, or technical research
connected with the functions of the Corporation and undertaken or done by any
other person or agency or body; and
(c) take
over and manage, such agricultural projects and Government lands for
agricultural development as are transferred to the Corporation by Government,
on such terms and conditions as Government may determine.
[2][2][18-A. Recovery of Corporation dues.— (1) Notwithstanding
anything to the contrary contained in any agreement or law for the time being
in force, any officer of the Corporation authorised generally or specially in
this behalf by the Managing Director may, by notice, call upon any person to
pay any sum of money due from him to the Corporation in respect of any
agricultural supplies provided to him for his personal use or as dealer on
commission basis for marketing the same.
(2) The notice referred to in sub-section
(1) shall indicate the time within which payment is required to be made to the
Corporation.
(3) If any person fails to pay the amount
demanded in the notice within the stipulated time, the Managing Director or any
officer of the Corporation authorised generally or specially by him in this
behalf, may issue a certificate declaring that person to be a defaulter and
certifying the amount to be recoverable as arrears of land revenue.
[3][3][Provided that any person aggrieved by the certificate
may within fifteen days of the issuance thereof file an appeal before an
officer, not below the rank of an Additional Secretary to the Government, who
may be notified by the Government as the appellate authority and he shall
decide the appeal after giving an opportunity of being heard to the appellant.]
(4) A certificate issued under sub-section
(3) shall [4][4][, subject to the order in appeal,] be
conclusive evidence that the amount certified therein is recoverable by the
Corporation.
(5) Notwithstanding
anything to the contrary contained in any agreement or law for the time being
in force the Corporation may recover the amount due to it either from the
defaulter concerned or from his surety under the Revenue Recovery Act, 1890 as
arrears of land revenue.
CHAPTER
IV
FINANCES,
AUDIT AND ACCOUNTS
19. Corporation
Fund.—
(1) There shall be a fund to be known as the “Corporation Fund” vested in the
Corporation which shall be utilized by the Corporation to meet charges in
connection with its functions under this Act, including the payment of salaries
and other remunerations to the Managing Director, officers, advisers and
employees of the Corporation.
(2) The Corporation Fund shall consist of—
(a) grants
made by Government;
(b) loans
obtained from Government;
(c) loans
obtained from the State Bank and scheduled banks by the Corporation with the
special or general sanction of Government;
(d) foreign
aid and loans obtained through Government;
(e) all
fees received by the Corporation;
(f) all
other sums received by the Corporation;
(g) funds
of the Supply Wing of the defunct West Pakistan Agricultural Development
Corporation to the extent such funds are transferred to the Province of the
Punjab;
(h) sale
proceeds by way of disposal of the assets of the Corporation;
(i) sale
proceeds of agricultural supplies;
(j) subsidy
received from Government for sub-sidizing agricultural supplies; and
(k) incidentals
and commission on providing services.
20. Powers of the Corporation to borrow money.— The Corporation shall be deemed to be a
local authority under the Local Authorities Act, 1914 (No.I of 1914), for the
purposes of borrowing money under that Act, and the making and execution of any
scheme or project under this Act shall be deemed to be a work which such
authority is legally authorised to carry out:
Provided
that no local or foreign loan shall be obtained by the Corporation without the
previous sanction of Government.
21. Custody of Corporation Fund.— All funds of the Corporation shall be kept
in such manner as may be prescribed.
22. Budget.— The Corporation shall
prepare its annual subsidy budget estimates and submit the same to Government
by the prescribed date and Government may modify the said estimates to such
extent as it may consider necessary.
23. Accounts and audit.— (1) The Corporation shall maintain proper
accounts and other relevant records and prepare annual statement of accounts
including the profit and loss account and balance-sheet in accordance with such
general directions as may be issued, and in such form as may be specified by
Government in consultation with the Comptroller and Auditor-General of
Pakistan, hereinafter in this section referred to as the Auditor-General.
(2) The Auditor-General shall audit or cause
to be audited the accounts of the Corporation at least once in every financial
year.
(3) The Corporation shall produce all
accounts, books and connected documents and furnish such explanations and
information as the Auditor-General or any officer authorised by him in this
behalf may require at the time of audit.
(4) A statement of audited accounts referred
to in sub-section (1) shall be furnished to Government by the Corporation, as
soon as possible after the end of every financial year.
24. Report to be furnished to Government.— The Corporation shall furnish to Government,
as soon as possible, after the close of each financial year an audited
statement in the prescribed form of its assets and liabilities of all
undertakings and transactions as they stand at the close of that year, together
with a profit and loss account for the year and a full report on the working of
the Corporation during that year, and copies of the said statement, account and
report shall be published in the official Gazette.
CHAPTER
V
RULES
AND REGULATIONS
25. Power to make
rules.—
(1) Government may, by notification in the official Gazette, make rules for
carrying out the purposes of this Act.
(2) Without prejudice to the generality of
the foregoing provisions, such rules may provide for—
(a) the
appointment of committees to consider particular matter or matters;
(b) the
custody of funds of the Corporation;
(c) the
meetings of the Board;
(d) methods
of ensuring continuous evaluation by the Corporation of its schemes and
projects;
(e) the
determination of the terms and conditions of service of the officers, advisers
and servants of the Corporation;
(f) the
mode of operation and expenditure of the funds of the Corporation;
(g) the
manner and form of keeping the accounts of the Corporation;
(h) oath
of fidelity and secrecy;
(i) the
date on which and the form in which the annual budget statement of the
Corporation is to be submitted each year;
(j) the
manner and the form in which the statements and the report referred to in
section 24 shall be submitted ; and
(k) any
other matter required by the provisions of this Act to be provided by rules.
26. Powers to make regulations.— Subject to the provisions of this Act and
the rules, the Corporation may, by notification in the official Gazette, and
with the previous approval in writing of Government, make regulations for
carrying out the purposes of this Act.
CHAPTER
VI
TRANSFER
OF ASSETS, PROJECTS, UNDERTAKINGS, LIABILITIES, EMPLOYEES, ETC., OF THE DEFUNCT
WEST PAKISTAN AGRICULTURAL DEVELOPMENT CORPORATION
27. Transfer of assets, etc. of the defunct West
Pakistan Agricultural Development Corporation.— Notwithstanding any arrangements made to
administer the business, projects, undertakings and properties of the Supply
Wing of the defunct West Pakistan Agricultural Development Corporation in
pursuance of the West Pakistan Agricultural Development Corporation
(Dissolution) Order 1972 (P.O. No. 5 of 1972), as from the coming into force of
this Act—
(a) all business, projects, undertakings, and properties of the Supply
Wing of defunct West Pakistan Agricultural Development Corporation transferred
to and vesting in the Punjab Province in accordance with the Order of the
President notified,-- vide Government
of Pakistan, Ministry of Food and Agriculture Notification No. S.R. 796 (1)/73,
dated 2nd June, 1973, shall stand transferred to the Corporation;
(b) all debts, liabilities and obligations incurred, contracts entered
into, and matters and things engaged to be done by, with or for, and all suits
and other proceedings by or against, the Supply Wing of the West Pakistan Agricultural Development
Corporation to
the extent such debts, liabilities and obligations stand transferred to the
Punjab Province in accordance with the President’s Order referred to in clause
(a) and in so far as the contracts, matters and things, suits and other
proceedings out arise of the business, projects, undertakings and properties so
transferred to the Punjab Province shall be deemed to be debts, liabilities and
obligations incurred, contracts entered into or, as the case may be, matters
and things engaged to be done by, with or for and suits and other proceedings by or
against, the Corporation.
Explanation— The expressions “projects”, “undertakings” and
“properties”, as used in this section shall have the same meanings as are
assigned to them in the West Pakistan Agricultural Development Corporation
(Dissolution) order 1972.
28. Officers and
employees of the defunct West Pakistan Agricultural Development Corporation.— Officers and other
employees of the defunct West Pakistan Agricultural Development Corporation to
be transferred to the Punjab Province in pursuance of the provisions of the
West Pakistan Agricultural Development Corporation (Dissolution) Order, 1972,
may be appointed for service under the Corporation on such terms and conditions
as may be determined by Government.
29. Repeal.— The Punjab Agricultural
Supplies Corporation Ordinance, 1973 (Punjab Ordinance No.X of 1973), is hereby
repealed.
[1][1]This Act was passed by the
Punjab Assembly on 3rd December, 1973; assented to by the Governor of the
Punjab on 15th December, 1973; and, published in the Punjab Gazette (Extraordinary),
dated 15th December, 1973, pages 1751-C to 1751-P.
[2][2]Added by the Punjab
Agricultural Development and Supplies Corporation (Amendment) Act, 1975 (XXXVII
of 1975).
[3][3]Added by the Punjab
Agricultural Development and Supplies Corporation (Amendment) Ordinance, 1985
(XXII of 1985).
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