The International Development
Association Ordinance, 1960
ORDINANCE No XX OF 1960
[2nd June, 1960]
An Ordinance to give effect to an international agreement
for the establishment and operation of an International Development Association
and for purposes connected therewith.
WHEREAS Articles of Agreement of the International
Development Association have, on the twenty-sixth day of January, 1960, been
approved by the Executive Directors of the International Bank for
Reconstruction and Development, hereinafter referred to as the Bank, and
deposited in the archives of the Bank for signature and acceptance on behalf of
Governments;
AND WHEREAS it is expedient to provide for the participation
of Pakistan
Now, THEREFORE, in pursuance of the Proclamation of the
seventh day of October, 1958, and in exercise of all powers enabling him in
that behalf, the President is pleased to make and promulgate the following
Ordinance:---
1. Short title extent and commencement ---(1) This Ordinance may be called the International
Development Association Ordinance, 1960.
(2) It extends to the whole of Pakistan
(3) It shall come into force on such date as the Central
Government may, by notification in the official Gazette, appoint.
2. Definitions.--In
this Ordinance, unless there is anything repugnant in the subject or
context,---
(a) “Agreement” means any Agreement which may be signed and
accepted on behalf of the Government of Pakistan in pursuance of the Articles
of Agreement approved by the Executive Directors of the Bank on the
twenty-sixth day of January, 1960, providing for the establishment and
operation of an international body to be called the International Development
Association;
(b) “Association” means the International Development
Association; and
(c) “member” means a member of the Association.
3. Financial Provisions.--(1)
There shall be paid out of the **[Central Consolidated Fund] all such sums as
may be required for the purpose of making payments on behalf of the Government
of Pakistan under section 2 (a) of Article II and section 1 (a) of Article III
of the Agreement.
(2) Any sums received by the Government of Pakistan from the
Association in pursuance of the Agreement shall be paid into the Federal Consolidated
Fund.
***[(3) The Central Government may, if it thinks fit so to
do, create and issue to the International Development Association, in such form
as it thinks fit, any such non-interest bearing and non*negotiable notes or
other obligations as are provided for by paragraph (e) of section 2 of Article
II of the Agreement.]
*[I.e., the 7th October, 1960, see Gaz., of P., 1960, Ext.,
p. 1493a.]
**[Subs., by A. O., 1964, Art 2 and Sch., for “Federal
Consolidated Fund.”
***[Sub-section (3) added by the International Development
Association (Amdt.) Ordinance, 1960 (49 of 1960), s. 2.]
4. State Bank to be depository for the Association.--The State Bank of Pakistan
shall be the depository of the Pakistan
5. Certain provisions of Agreement to have force of law.---Notwithstanding anything to the contrary contained in any
other law, the provisions of Article VIII of the Agreement set out in the
Schedule shall have the force of law in Pakistan:---
Provided that nothing in section 9 thereof shall be
construed as,---
(a) entitling the Association to import into Pakistan
(b) conferring on the Association any exemption from duties
or taxes which form part of the price of goods sold or which are in fact no
more than charges for services rendered.
THE SCHEDULE
(See section 5)
Provisions of Agreement which shall have force of law
THE AGREEMENT
ARTICLE VIII
Status, Immunities and Privileges
SECTION 1.-Purposes of Article
To enable the Association to fulfill the functions with
which it is entrusted, the status, immunities and privileges provided in this
Article shall be accorded to the Association in the territories of each member.
SECTION 2.-Status of the Association
The Association shall possess full juridical personality
and, in particular, the capacity:---
(i) to contract;
(ii) to acquire and dispose of immovable and movable
property;
(iii) to institute legal proceedings.
SECTION 3.--Position of the Association with regard to
Judicial Process
Actions may be brought against the Association only in a
court of competent jurisdiction in the territories of a member in which the
Association has an office, has appointed an agent for the purpose of accepting
service or notice of process, or has issued or guaranteed securities. No
actions shall, however, be brought by members or persons acting for or deriving
claims for members. The property and assets of the Association shall, wheresoever’s
located and by whomsoever held, be immune from all forms of seizure, attachment
or execution before the delivery of final judgment against the Association.
SECTION 4.--Immunity of Assets from Seizure
Property and assets of the Association, wherever located and
by whomsoever held, shall be immune from search, requisition, confiscation,
expropriation or any other form of seizure by executive or legislative action.
SECTION 5 Immunity of Archives
The archives of the Association shall be inviolable.
SECTION 6.--Freedom of Assets from Restrictions
To the extent necessary to carry out the operations provided
for in this Agreement and subject to the provisions of this Agree*ment, all
property and assets of the Association shall be free from restrictions,
regulations, controls and moratoria of any nature.
SECTION 7.--Privilege for Communications
The Official Communications of the Association shall be
accorded by each member the same treatment that it accords to the official
Communications of other members.
SECTION 8.--Immunities and Privileges of Officers and
Employees
All Governors, Executive Directors, Alternates, Officers and
employees of the Association:---
(i) shall be immune from legal process with respect to acts
performed by them in their official capacity except when the Association waives
this immunity;
(ii) not being local nationals, shall be accorded the same
immunities from immigration restrictions, alien regis*tration requirements and
national service obligations and the same facilities as regards exchange
restrictions as are accorded by members to the representatives, officials, and
employees of comparable rank of other members;
(iii) shall be grated the same treatment in respect of
travel*ling facilities as is accorded by members to representa*tives, officials
and employees of comparable rank of other members.
SECTION 9.--Immunities from Taxation
(a) The Association, its assets, property, income and its
operations and transactions authorized by this Agreement, shall be immune from
all taxation and from all customs duties. The Association shall also be immune
from liability for the collection or payment of any tax or duty.
(b) No tax shall be levied on or in respect of salaries and
emoluments paid by the Association to Executive Directors, Alternates, officials
or employees of the Association who are not local citizens, local subjects, or
other local nationals.
(c) No taxation of any kind shall be levied on any
obligation or security issued by the Association (including any dividend or
interest thereon) by whomsoever held;
(i) which discriminates against such obligation or security
solely because it is issued by the Association; or
(ii) if the sole jurisdictional basis for such taxation is
the place or currency in which it is issued, made payable or paid, or the
location of any office or place of business maintained by the Association.
(d) No taxation of any kind shall be levied on any
obligation or security guaranteed by the Association (including any divi*dend
or interest thereon) by whomsoever held:---
(i) which discriminates against such obligation or security
solely because it is guaranteed by the Association; or
(ii) if the sole jurisdictional basis for such taxation is
the location of any office or place of business maintained by the Association.
SECTION 10.--Application of Article
Each member shall take such action as is necessary in its
own territories for the purpose of making effective in terms of its own law the
principles set forth in this Article and shall inform the Association of the
detailed action which it has taken.
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