(W.P. Act II of 1966)
[22 December 1966 ]
An Act to provide for the dissolution of the
Preamble.— WHEREAS it is expedient to provide for the dissolution
of the West Pakistan Co-operative Board, and for matters ancillary thereto;
It is
hereby enacted as follows:-
1. Short title, commencement and extent.— (1) This Act may be called the West Pakistan Co-operative
Board (Dissolution) Act, 1966.
(2) It shall come into force at once.
(3) It shall extend to the whole of the Province of West Pakistan except the Tribal Areas.
2. Definitions.— In this Act, unless the context otherwise requires, the
following expressions shall have the meanings hereby respectively assigned to
them, that is to say—
(a) “Administrator” means the Administrator
appointed under section 4;
(b) “Board” means the West Pakistan Co-operative
Board established under section 3 of the West Pakistan Co-operative Board
Ordinance, 1962 (W.P. Ordinance XIV of 1962);
(c) “Co-operative Development Fund” means the Fund
established under section 7;
(e) “Project” means a project which was sponsored,
managed, promoted or organized by the Board and is notified by Government as a
project for the purposes of this Act.
3. Dissolution of the Board.— Immediately on the coming into force of this Act the Board
shall stand dissolved and the Chairman and the other members of the Board shall
vacate their offices.
4. Appointment
of Administrator.— (1) Government shall appoint an Administrator, by name or in virtue of
his office, for the purpose of—
(i) winding
up the affairs of the Board;
(ii) administering
such projects promoted, sponsored, organized or managed by the Board
immediately before its dissolution as may be approved by Government;
(iii) completing,
in such manner as may be directed by Government, such schemes or projects
undertaken by the Board; and
(iv) performing
the other duties and functions of an Administrator under this Act.
(2) All properties, funds and dues which,
immediately before the dissolution of the Board, were vested in or were
realizable by the Board, shall vest in and be realizable by the Administrator,
and all liabilities which, immediately before the dissolution of the Board,
were enforceable against the Board, shall be assumed by, and be enforceable
against the Administrator.
5. Term of office of Administrator.— The Administrator shall hold office for such period as the
Government may prescribe and the terms and conditions of his service shall be
governed by Civil Service Rules.
6. Duties, etc. of Administrator.— (1) The duties, functions and powers of the Administrator
shall be—
(a) to
carry on such of the business of the Board as may be necessary for the proper
winding up of the affairs of the Board;
(b) to
recover, arrange to recover or to collect and realize the assets of the Board,
including advances and loans made to any Co-operative Society or person, investments
in the shares of a co-operative society made, or investments in a co-operative
project undertaken by the Board;
[3][3][(bb) to obtain, with the approval of Government,
loans necessary for the purpose of any project;]
(c) to
pay or arrange to pay the liabilities of the Board;
(d) to
settle all outstanding claims against the Board;
(e) to
administer the Co-operative Development Fund in accordance with any regulations
framed under section 12;
(f) to
administer, execute and complete projects until their transfer to Co-operative
Societies [4][4][or to such person or corporate body as may be approved by
Government];
(g) to
incur all necessary expenditure for the purpose of—
(i) the
proper functioning or completion of the various projects to be administered
executed or completed by the Administrator; or
(ii) the
winding up of the affairs of the Board; or
(iii) payment
of salaries, allowances, etc., of the employees working in the projects to be
administered, executed or completed by the Administrator; or
(iv) the
due performance of any of the duties of the Administrator under this Act or the
rules framed under section 11;
(h) to
appoint, transfer, suspend, punish, remove or dismiss, in accordance with the
rules framed under section 11, the employees working in the projects or
required for the winding up of the affairs of the Board.
(2) The Administrator shall exercise his
powers and perform his duties and functions under this Act subject to the
general control and directions of Government.
[5][5][6-A. Administrator to be a local
authority.— The Administrator shall be deemed
to be a local authority under the Local Authorities Loans Act, 1914, for the
purposes of borrowing money and the administration, execution or completion of
any project under this Act shall be deemed to be a work which such authority is
legally authorised to carry out.]
7. Co-operative Development Fund.— (1) A fund shall be established to be known as “the
Co-operative Development Fund” which shall vest in the Administrator.
(2) The Co-operative Development Fund shall
consist of—
(a) all
moneys standing to the credit of the “Board’s Fund” constituted under the West
Pakistan Co-operative Board Ordinance, 1962 (West Pakistan Ordinance XIV of
1962) at the time of the dissolution of the Board; [6][6][*]
(3) The Fund shall be utilized by the
Administrator, subject to the general control and supervision of Government,
for—
(a) satisfying the liabilities of the Board; and
(b) meeting charges of the Administrator in
connection with his functions under this Act, and specially the expenditure
referred to in clause (g) of
sub-section (1) of section 6.
(4) Financial assistance to co-operative
societies may be provided out of the Co-operative Development Fund by
strengthening their share capital, by granting loans to them at a low rate of
interest, or by giving them grants-in-aids or subsidies for the benefit of the
societies and their constituents or the promotion and advancement of the
co-operative movement.
8. Accounts and audit.— (1) The Administrator shall maintain proper accounts and
other relevant records and prepare an annual statement of accounts, in
accordance with such general directions as may be issued, and in such forms as
may be specified by Government.
(2) The accounts of the Administrator shall
be audited by an auditor to be appointed for the purpose by the Government.
(3) The Administrator shall produce all
accounts, books and documents, and furnish such explanation and information as
the auditor appointed under this section may require for the purposes of audit.
(4) The auditor shall report to Government
upon the annual balance-sheet and accounts of the Administrator and in his
report shall state whether in his opinion the balance-sheet is a full and fair
balance-sheet containing all necessary particulars and properly drawn up, and
in case he has called for any explanation or information from the Administrator,
whether it has been given and whether it is satisfactory.
(5) Government may, at any time, issue
directions to the auditor requiring him to report upon the administration of
the Co-operative Development Fund and may at any time enlarge or extend the
scope of audit and direct that a different procedure in audit be adopted or
that any other examination be made by the auditor, if in his opinion, the
public interest so requires.
(6) Government may issue directions to the
Administrator for the rectification of matters objected to in audit, and the
Administrator shall comply with every such direction.
(7) The Administrator shall, within one
month of the closing of the financial year, submit to Government, a report
about the affairs of the projects in the charge and under the control of the
Administrator, and the progress made in the winding up of the affairs of the
Board, during the financial year.
(8) Government may require the Administrator
to furnish it with—
(a) any return, statement, estimate, statistics or
other information regarding any matter under the control of the Administrator;
or
(b) a copy of any document in the charge of the
Administrator;
and the Administrator shall comply with every such
requisition.
9. Administrator,
etc., to be public servant.— The Administrator and every employee of the
Administrator shall be deemed to be a public servant within the meaning of
section 21 of the Pakistan Penal Code.
10. Protection of
action taken under this Act.—
No suit, prosecution or other legal proceedings shall be instituted against
Government, the Administrator, or any other person for anything which is in
good faith done or intended to be done under this Act or the rules framed
thereunder.
11. Power to make
rules.— Government may make rules to give
effect to the provisions of this Act.
12. Power
to frame regulations.— Government may frame regulations for the administration
of the Co-operative Development Fund.
13. Repeal.— (1) The West Pakistan Co-operative Board Ordinance, 1962
(West Pakistan Ordinance XIV of 1962), hereafter referred to as the said
Ordinance, is hereby repealed.
(2) Notwithstanding
the repeal of the said Ordinance, everything done, action taken, obligation or
liability incurred, contract entered into, officer appointed or person
authorised and order issued under any of the provisions of the said Ordinance
shall, if not inconsistent with the provisions of this Act, continue in force
and, so far as may be, be deemed to have been respectively done, taken,
incurred, entered into, appointed, authorised or issued under this Act.
[1][1]This Act was
passed by the West Pakistan Assembly on 2nd December, 1966; assented to by the
Governor of West Pakistan on 13th December, 1966; and, published in the West
Pakistan Gazette (Extraordinary), dated 22nd December, 1966, pages 3730-A to
3730-F.
[2][2]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for
“Government of West Pakistan ”.
[3][3]Added by the
West Pakistan Co-operative Board (Dissolution) (Punjab
Amendment) Ordinance, 1971 (I of 1971).
[4][4]Added by the
West Pakistan Co-operative Board (Dissolution) (Punjab
Amendment) Ordinance, 1971 (I of 1971).
[6][6]The word
“and” deleted by the West Pakistan Co-operative Board (Dissolution) (Punjab
Amendment) Ordinance, 1971 (I of 1971).
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