[1]THE
PUNJAB SMALL INDUSTRIES CORPORATION ACT, 1973
(Act XV of 1973)
[13 August 1973 ]
An Act to provide for the
establishment of a
Small Industries Corporation in the
Province of the Punjab.
Preamble.– WHEREAS it is expedient to make
provisions for the establishment of a Corporation to succeed to the business,
projects, undertakings and properties of the defunct West Pakistan Small
Industries Corporation to the extent such business, projects, undertakings and
properties stand transferred to the Punjab Province on the dissolution of the
West Pakistan Small Industries Corporation by the West Pakistan Small
Industries Corporation (Dissolution) Ordinance, 1972, and for promoting the
development of Industries in the Province of the Punjab with particular reference
to small and cottage industries, and matters incidental and supplemental
thereto;
It is hereby enacted as follows:-
Chapter I
Preliminary
1. Short
title, extent and commencement.– (1) This Act may be called the Punjab Small Industries
Corporation Act, 1973.
(2) It
extends to the whole of the Province of the Punjab .
(3) It
shall come into force at once and shall be deemed to have taken effect on and
from the day the Punjab Small Industries Corporation Ordinance, 1972 (Punjab
Ordinance No. XVIII of 1972), ceased to operate in accordance with the
provision of clause (2) of Article 135 of the Interim Constitution of the
Islamic Republic of Pakistan.
2. Definitions.– In this Act, unless there is
anything repugnant in the subject or context–
(a) “Board” means the Board of Members of the
Corporation;
(b) “borrower” means any person or persons or body
of persons whether incorporated or not, to whom a loan is given by the
Corporation or by a scheduled Bank on the guarantee of the Corporation under
this Act and includes the successors and assignees of such person or persons or
body of persons;
(c) “Corporation” means the Punjab Small Industries
Corporation established under this Act;
(d) “cottage industry” means an industry which is
carried on wholly or primarily with the help of the members of the family as a
whole time or part-time occupation;
(e) “Managing Director” means the Managing Director
of the Corporation;
(f) “Government” means the Government of the Punjab ;
(g) “Member” means a Member of the Board and
includes its Chairman;
(h) “other industry” means any industry, other than
cottage or small industry, approved by the Government and set up or established
in a small industries estate;
(i) “prescribed” means prescribed by the rules;
(j) “regulations” means regulations made under this
Act;
(k) “rules” means rules made under this Act;
(l) “Scheduled Bank” means a bank for the time
being included in the list of banks maintained under sub-section (1) of section
37 of the State Bank of Pakistan Act, 1956;
[2][(m) “Small
Industry” means an industry engaged in the handicraft or manufacture of
consumer or producer goods, the value of the total fixed assets whereof
(excluding land & building) does not exceed rupees fifty lacs.]
(n) “small
industries estate” means an estate established and or managed by the
Corporation to provide land and facilities for the establishment and
development of small, cottage and other industries;
(o) “specified” means specified by regulations; and
(p) “State Bank” means the State Bank of Pakistan
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 known as “The Punjab Small Industries Corporation.”
(2) The
Corporation shall be a body corporate, shall have the power to acquire and hold
property, both movable and immovable, subject to the provisions of this Act and
shall have perpetual succession and a common seal and shall by the said name
sue and be sued.
(3) The
Head Office of the Corporation shall be in Lahore .
4. Management.– (1) The administration and
management of the Corporation and its affairs shall vest in the 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 and shall be guided by such directions as the Government may
give to it from time to time.
(3) Government
may suspend the execution of any such resolution or order of the Board as, in
the opinion of Government, contravenes the directions mentioned in sub-section
(2), or prohibit 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 may be directed.
5. Board.– (1) Subject to the provisions of
sub-section (2), the Board shall consist of–
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(1)
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Minister for Industries,
Government of the
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Chairman
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(2)
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Additional Chief Secretary,
Planning and Development Department, Government of the
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Member
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(3)
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Secretary, Industries Department,
Government of the
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Member
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(4)
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Secretary, Finance Department, Government
of the
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Member
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(5)
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Managing Director, Punjab Small
Industries Corporation.
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Member
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(6)
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Three
non-official members [3][including
at least one woman, if available] to be nominated by the Government, one of whom
at least shall be a Banker or a Chartered Accountant or a Management
Consultant.
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Members
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(2) Government
shall have the power to alter the membership of the Board as and when
considered 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 specified 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 a term of three years and subject as
aforesaid–
(i) shall remain in office as Managing Director
thereafter until his successor in that office is appointed; and
(ii) may be appointed to hold that office for such
further term as Government may, in appointing thereto, determine;
(d) receive such salary and allowances as
Government may determine; and
(e) divest himself of any directorship of, or other
interest held by him in, any other corporation, company or concern:
Provided
that nothing in this clause shall prevent the Managing Director from holding
shares in any public company acquired by him before his appointment as Managing
Director, or acquiring during his term of office as Managing Director shares in
any public company which is not a borrower:
Provided
further that Government may, in exceptional circumstances, where it considers
necessary to do so in the public interest, exempt by a special order, any
person who has been appointed or is about to be appointed as Managing Director
from the application of this clause.
7. Term
of office of nominated members.– Subject to the provisions of sections 8, 9 and 10, a
nominated member 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 him 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
to be a Managing Director or Member, who–
(a) is, or at any time has been, convicted of any
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 dismissed from the service of Pakistan
(e) is under the age of twenty-one years; or
(f) is not a citizen of Pakistan
9. Removal
of Managing Director or nominated members.– Government may, by order in
writing, remove the Managing Director or a nominated Member, as the case may
be, 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 nominated Member;
(c) has knowingly acquired or continued to hold,
without the permission in writing of Government, 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 benefited 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 the Board.
[4][Provided that
no order under this section shall be passed unless an opportunity of being
heard is provided to the persons to be affected thereby].
10. Resignation by or removal of
the Managing Director or a nominated Member.–
Notwithstanding anything contained in this Act, the Managing Director or a
nominated Member may, at any time before the expiry of his term, upon three
months notice, resign his office, or upon similar notice, be removed from
office by Government without assigning any reason:
Provided that Government may, in
case of Managing Director upon payment of three months salary and allowances in
lieu of the notice, remove him immediately without assigning any reason.
11. Appointment of officers, etc.– (1) The Corporation may, subject to
such general or special orders, as Government may give to it from time to time,
appoint such officers, advisers and employees, as it considers necessary for
the efficient performance of its functions, on such terms and conditions as it
may deem fit.
(2) The
Corporation shall appoint such officers, experts, advisers, consultants and
other persons 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 specified.
(2) Any
adviser, officer or other employee of the Corporation who, in the opinion of
Government or a person authorised by Government in this behalf, has violated
the declaration of fidelity and secrecy made by him under sub-section (1) shall
be liable, after being given a reasonable opportunity of showing cause against
the action proposed to be taken with respect to him be forthwith removed from
his office or post.
13. Financial, technical and advisory
committees.–
The Board may constitute such financial, technical and advisory committees as
may be deemed necessary for carrying out the purposes of this Act.
14. Immunity of the Corporation
and its employees.– (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 for any loss or expense
resulting to the Corporation by reason of the insufficiency or deficiency in
value of or title to any property or security acquired or taken on behalf of
the Corporation by the wrongful act of any person under a liability to the
Corporation or anything done by him in good faith in execution of the duties of
his office.
15. Delegation of powers.– 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, the
rules and regulations, subject to such conditions as it may deem fit to impose.
16. Meetings of the Board.– (1) The meetings of the Board shall
be held at such times and places as may be specified:
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 times
and places as may be determined by the Chairman.
(2) The
quorum required for transacting business at a meeting of the Board shall be
four.
(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 the [5][Vice Chairman and in the absence of
both, the] senior most ex-officio
Member present at the meeting.
(5) No
act or proceeding of the Board shall be invalid merely on the ground of the
existence of any vacancy in, or any defect in the constitution of 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) If
Government so directs in any case, the Managing Director shall forward to it
copies of all papers laid before the Board for consideration at a meeting.
(8) 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 any such 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 in carrying out any of the
provisions of this Act.
(2) A
person associated under sub-section (1) for any purpose shall have a right to
take part in the discussion 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,
Duties and Functions of the Corporation
18. Functions of the Corporation.– (1) In accordance with the
provisions of this Act, the Corporation shall take such measures as it deems
fit to render assistance in the establishment and development of small, cottage
and other industries.
(2) In
particular and without prejudice to the generality of the foregoing function,
the Corporation may, in order to promote and carry out the purposes of this
Act–
(a) give loans in cash, or in kind or in the form
of buildings, developed plots of lands in the small industries estates or
machinery and equipment on lease or on hire-purchase basis, to borrowers for
the purpose of small, cottage and other industries; and
(b) furnish guarantees to the Scheduled Banks for
the repayment of loans to borrowers for the development of industries and to
share losses on account of bad debts in accordance with the agreements executed
or made in this behalf between the Corporation and such Banks.
(3) The loans given under clause (a) or
guaranteed under clause (b) of sub-section (2) shall be repayable within a
period not exceeding twenty years.
19. Security for loans.– No loan shall be given by the
Corporation until it is secured by pledge, mortgage, hypothecation or
assignment of such property, movable or immovable, and of such value in
proportion to the loan, as the Corporation may deem fit:
Provided that when the loan is given
to an individual and does not exceed two thousand rupees in the aggregate, it
may be secured by bond with at least two solvent sureties.
20. Interest on loans, etc.– The rate of interest chargeable on
loans given by the Corporation shall be determined and notified by Government
from time to time.
21. Limit on loans, etc.– (1) The Corporation shall not give
loan, make subscription or furnish guarantee to small or cottage industries
located outside the small industries estates in excess of the following
aggregate limits, namely:-
(a) when made to an individual, rupees one lac; and
(b) when made to any borrower other than
individual, rupees ten lacs.
(2) The
Corporation shall not give loans or furnish guarantees in case of industries
located in the small industries estates in excess of such limits as may be notified
by Government, from time to time.
22. Relaxation.– Government may, from time to time,
on the recommendations of the Corporation, relax the aggregate limits of loans,
subscriptions, or guarantees, provided under section 21.
23. Power to impose conditions.– At the time of settlement of any
transaction, the Corporation may attach such conditions as it may deem
necessary or expedient for protecting its own interest and for securing that
the loan, under-writing or other aid shall be put to the best use.
24. Power to demand payment of entire sum.– (1) Notwithstanding anything to the
contrary contained in any agreement or law for the time being in force, if–
(a) it is found that the loan was obtained by
information supplied by the borrower which was false or misleading in any
material particular;
(b) the borrower is found to have committed the
breach of any term of his agreement with the Corporation relating to the loan;
(c) the loan or any part of it is found to have
been utilised for a purpose other than for which it was given;
(d) there is reasonable apprehension that the
borrower will be unable to pay his debt or may go into liquidation;
(e) the property pledged, mortgaged, hypothecated
or assigned to the Corporation as security for the loan is not maintained in
proper condition by the borrower or the property has depreciated in value by
more than the prescribed percentage and the borrower is unable to furnish
additional security to the satisfaction of the Corporation;
(f) without the permission of the Corporation,
machinery or other equipment is removed from the premises of the borrower’s
industrial establishment without being adequately replaced;
(g) without the permission of the Corporation, the
building, land or other property mortgaged as security for the loan is in any
way disposed of or charged by the borrower, or for any other reason, it is
necessary, in the opinion of the Board, to do so in order to protect the
interest of the Corporation;
any officer authorised generally or specially in this
behalf by the Board may, by notice, call upon the borrower to pay up the entire
sum then remaining unpaid by the borrower, in respect of the loan and the
interest payable thereon or any lesser sum as the case may be, or require the
borrower to surrender the building, machinery and equipment and other material
given to him by way of loan or require him to comply with such directions as
the Board may consider necessary to give in order to safeguard the interest of
the Corporation.
(2) The notice referred to in sub-section (1)
shall indicate the time within which the borrower is required to make the
payment or to surrender the factory building, machinery and equipment and other
material or to carry out the directions given and shall also contain a warning
that if the borrower fails to pay the amount demanded or to surrender factory
building, machinery and equipment and other material or carry out the
directions given, as the case may be, within the time indicated, the Board may
issue a certificate declaring the borrower to be a defaulter and certifying the
sum due from the borrower to be recoverable as arrears of land revenue.
25. Certification of sums recoverable.– (1) If the borrower fails to pay
the amount demanded or to carry out the directions given in the notice within
the time indicated therein, the Board may issue a certificate in the prescribed
form and manner declaring the borrower to be a defaulter and certifying the
aggregate sum, including interest, due to the Corporation from the borrower
upto the date of issuance of the certificate and mentioning the rate at which
future interest shall be paid thereon.
(2) Subject
to the provisions of sub-section (3), a certificate issued under sub-section
(1) shall be conclusive evidence that the sums certified in the certificate,
together with future interest to be determined at the rate mentioned therein,
are recoverable by the Corporation from the borrower.
(3) The
borrower may, within fifteen days of the issuance of a certificate under
sub-section (1), appeal to Government and thereupon Government may cancel or
modify the certificate.
(4) Notwithstanding
anything to the contrary contained in the agreement or in any law for the time
being in force–
(a) the Corporation shall have the option to
recover the amount due from a borrower either from him or from his security and
a certificate issued under sub-section (1) shall also be executable against the
surety as if he himself were the borrower;
(b) any transfer of property pledged, mortgaged,
hypothecated or assigned by the borrower as security for the repayment of the
loan, so long as the loan or the interest thereon or any part thereof remains
unpaid to the Corporation, shall be void as against the Corporation and such
property shall be liable to attachment and sale as if no such transfer has
taken place;
(c) where a loan has been advanced in the form of
building or machinery and equipment on hire purchase basis and the borrower has
committed a breach of the terms and conditions of the agreement or otherwise
violated any provision of this Act or failed to comply with a notice issued
under sub-section (1), the Corporation shall be entitled to take possession of
the building, machinery and equipment, as the case may be; and
(d) all sums due to the Corporation from the
borrower or any other person shall be recoverable as arrears of land revenue.
26. Loans in foreign currency.– (1) The Corporation may, with the
previous approval of Government and the Government of Pakistan, and on such
terms and conditions as may be approved by Government, borrow in foreign
currency from the International Bank for Reconstruction and Development or
other agencies, moneys required for the development of small, cottage and other
industries. In the case of loan secured for the purpose of section 18, the
Corporation may pledge, mortgage, hypothecate or assign to the said
International Bank or other agency, as the case may be, all or any part of
security taken by the Corporation for the loan obtained in foreign currency.
(2) All
loans obtained in foreign currency shall be repayable–
(a) in the currency in which they are obtained;
(b) in any other currency which is agreed upon by
the loan-giving agency, Government and Government of Pakistan; or
(c) in Pakistan
27. Other functions of the Corporation.– The Corporation shall also be
responsible for–
(a) preparing and submitting schemes to Government
for the development of cottage, small and other industries including schemes
for research and mechanization of such industries;
(b) giving effect to approved schemes;
(c) sponsoring industries to be set up in the
small industries estates and outside the estates;
(d) taking over, implementing and running schemes,
projects and training institutions, as may be transferred to the Corporation by
Government;
(e) organizing co-operative societies in
furtherance of the purposes of this Act;
(f) taking appropriate measures for integration of
small industries with medium and large industries;
(g) undertaking, census and survey of cottage,
small and other industries;
(h) organizing trade associations and taking other
appropriate measures for promoting and marketing the products of cottage and
small industries;
(i) organizing fairs, pavilions, sales and display
of products of cottage and small industries;
(j) establishing service centres and common
facility centres for specific industries or group of industries;
(k) establishing, in special cases and with the
prior approval of Government, small and cottage industries in less developed
areas;
(l) establishing small industries estates;
(m) establishing artisan colonies, design centres,
workshops and institutes for promotion and development of handicrafts;
(n) procuring and distributing raw material,
machinery and spare parts to cottage and small industries;
(o) establishing institutes for promotion and
development of cottage, small and other industries;
(p) maintaining and running depots for the supply
of raw material and for the purchase and sale of finished goods from cottage
and small industries and projects run by it;
(q) introducing better means of production and new
designs including prototypes;
(r) formulating and implementing schemes for
training to artisans and small industrialists;
(s) arranging for gradation and standardization of
products of small and cottage industries;
(t) working out entitlement to raw material of
cottage, small and other industries;
(u) sanctioning, balancing, modernizing, etc., of
cottage, small and other industrial units in accordance with the instructions
of Government in exercise of powers that may be delegated in this behalf by
Government; and
(v) undertaking such other functions, measures or
steps as may be directed by Government.
28. Corporation to be deemed a Bank.– The Corporation shall be deemed to
be a Bank for the purposes of the Banker’s Books Evidence Act, 1891.
Chapter IV
Finances
29. Corporation funds.– (1) There shall be a fund to be
known as the “Corporation Fund” vested in the Corporation, which shall be
utilised by the Corporation to meet charges in connection with its functions
under this Act including salaries and other remunerations of the Managing
Director, officers and other employees of the Corporation.
(2) The
Corporation Fund shall consist of–
(a) investment made by Government;
(b) grants made by Government;
(c) revolving funds placed by the Government at the
disposal of the Corporation for preparing feasibility studies for the scheme;
(d) loans obtained from Government;
(e) grants made by the Local Bodies;
(f) sale proceeds of raw material and finished
goods;
(g) loans obtained from the Scheduled Banks;
(h) foreign loans obtained by the Corporation;
(i) charges for the plots of land and other
facilities provided in the small industries estates;
(j) funds of the defunct West Pakistan Small
Industries Corporation to the extent such funds have been transferred to the
Punjab Province in accordance with the provisions of the West Pakistan Small
Industries Corporation (Dissolution) Ordinance, 1972; and
(k) all other sums received by the Corporation.
30. Corporation to be deemed a Local Body.– The Corporation shall be deemed to
be a Local Body under the Local Authorities Loans Act, 1914[6] for the purposes of borrowing money
under the said Act and the making and execution of any scheme under this Act
shall be deemed to be a work which such authority is legally authorised to
carry out.
31. Custody and investment of
Corporation Fund.– (1) All moneys at the credit of the Corporation shall be
kept in such manner as may be prescribed.
(2) Nothing
in sub-section (1) shall be deemed to preclude the Corporation from investing
any such moneys which are not required for immediate expenditure, in any of the
securities described in section 20 of the Trusts Act, 1882[7], in fixed deposit with a bank
approved by Government or in such other manner as may be approved by
Government.
32. Maintenance of accounts.– The Corporation shall maintain
complete and accurate accounts in such manner as may be prescribed.
33. Auditors.– The accounts of the Corporation
shall be audited in such manner as may be directed by Government from time to
time.
34. Reports to be furnished by Government.– (1) The Corporation shall furnish
to Government as far as possible, within four months of the close of each
financial year an audited statement in the prescribed form of its assets and
liabilities of commercial 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 the year, and copies of
the said statements, account and report shall be published in the official
Gazette.
(2) The Corporation shall submit to
Government its proposals for the ensuing financial year at such time and in
such manner as may be prescribed.
Chapter V
Transfer of
Assets, Projects, Undertakings,
Liabilities,
Employees, etc., of the Defunct
West
Pakistan Small Industries Corporation
35. Transfer of assets, etc., of
the defunct West Pakistan Small Industries Corporation.–
Notwithstanding any arrangement made by Government to administer the business,
projects, undertakings and properties of the defunct West Pakistan Small
Industries Corporation necessitated by the enforcement of the West Pakistan
Small Industries Corporation (Dissolution) Ordinance, 1972, as from the coming
into force of this Act–
(a) all business, projects, undertakings and
properties of the defunct West Pakistan Small Industries Corporation transferred
to and vesting in the Punjab Province in accordance with the order made by the
President in pursuance of section 4 of the West Pakistan Small Industries
Corporation (Dissolution) Ordinance, 1972, 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 West
Pakistan Small Industries 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 arise out 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 assigned to them in the West Pakistan Small Industries Corporation
(Dissolution) Ordinance, 1972.
36. Officers and employees of the defunct West
Pakistan Small Industries Corporation.– Officers and other employees of the defunct West Pakistan
Small Industries Corporation to be transferred to the Punjab Province in
pursuance of the provisions of section 5 of the West Pakistan Small Industries
Corporation (Dissolution) Ordinance, 1972 may be appointed for service under
the Corporation on such terms and conditions as may be determined by
Government.
Chapter VI
Miscellaneous
37. Winding up.– No provision of law relating to the
winding up of companies and corporations shall apply to the Corporation and the
Corporation shall not be wound up except by an order of Government and in such
manner as it may direct.
38. Supplemental powers.– For the purposes of carrying into
effect the provisions of this Act, Government may, in such manner as it may
consider necessary or expedient, provide for–
(a) the removal of difficulties arising out of, or
in connection with the transfer of assets and liabilities vesting in it, of the
defunct West Pakistan Small Industries Corporation; and
(b) other matters supplemental or incidental to or
consequential upon the transfer of such assets and liabilities.
39. Quarterly report by Managing Director.– The Managing Director shall
regularly submit a quarterly report to the Board on the working of the
Corporation.
40. Power to make rules.– (1) 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 manner and form of keeping the accounts
of the Corporation;
(b) recruitment of officers, advisers and other
employees of the Corporation;
(c) terms and conditions of service of the
officers, advisers and other employees of the Corporation;
(d) functions of the advisers;
(e) borrowings by the Corporation;
(f) the date on which and the form in which the
annual budget statement of the Corporation is to be submitted each year;
(g) procedure for appropriation and reappropriation
of moneys at the credit of the Corporation;
(h) manner and form in which and the authorities to
whom returns, reports or statements shall be submitted;
(i) investment of Corporation funds and surplus
moneys;
(j) sale or transfer of industrial units and other
immovable property of the Corporation; and
(k) such other matters relating to the
administration and other affairs of the Corporation as Government may think fit
to regulate by rules.
41. Power to make regulations.– (1) The Board may, with the
previous approval of Government, make regulations for all matters not provided
for in the rules for which provision is necessary or expedient for carrying out
the purposes of this Act and the rules.
(2) In
particular and without prejudice to the generality of the foregoing provisions,
such regulations may specify for–
(a) meetings of the Board;
(b) constitution, power and terms and conditions
of the committees;
(c) building bye-laws, agreements and lease deeds
pertaining to small industries estates;
(d) conditions subject to which the Corporation
may grant loans; and
(e) manner and form of determining the sufficiency
of security taken for loans or for granting loans.
42. Savings.–
Notwithstanding the repeal of the West Pakistan Small Industries Corporation
Ordinance, 1965 (W.P. Ordinance XXX of 1965), by the West Pakistan Small
Industries Corporation (Dissolution) Ordinance, 1972, any form, rule,
regulation, or scheme made or issued under the repealed Ordinance, 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 or until it is superseded by any form, rule, regulation or scheme
made or issued under the provisions of this Act.
43. Repeal and validation.– (1) The Punjab Ordinances Temporary
Enactment Act, 1973, in so far as it enacts the provisions of the Punjab Small
Industries Corporation Ordinance, 1972 (Punjab Ordinance No. XVIII of 1972), is
hereby repealed.
(2) Everything done, action taken or order
made by the Government or the Corporation or the Chairman or the Managing
Director or any officer of the Corporation in exercise of the powers vested in
Government or the Corporation or the Chairman or the Managing Director or any
officer of the Corporation, as the case may be, under the Punjab Small
Industries Corporation Ordinance, 1972 (Punjab Ordinance No. XVIII of 1972) and
its provisions as enacted by the Punjab Ordinances Temporary Enactment Act,
1973, on or after the 9th October, 1972, and before the commencement of this
Act, shall be deemed to have been validly done, taken or made.
[1]This Act was
passed by the Punjab Assembly on 13th July, 1973; assented to by the Governor
of the Punjab on 12th August, 1973; and, published in the Punjab Gazette
(Extraordinary), dated 13th August, 1973, pages 1216-A to 1216-Q.
[2]Substituted
by the Punjab Small Industries Corporation (Amendment) Ordinance, 1983 (VIII of
1983).
[4]Added by the
Punjab Small Industries Corporation (Amendment) Ordinance, 1985 (XXI of 1985).
[5]Inserted
by the Punjab Small Industries Corporation (Amendment) Ordinance 1999 (XXXVII
of 1999). Under
Article 5A of the Provisional Constitution Order 1999 (I of 1999), as amended,
read with Article 270AA of the Constitution of the Islamic Republic of
Pakistan, 1973, it shall not be subject to any limitation as to duration
prescribed in the Constitution.
[6]IX of 1914.
[7]II of 1882.
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