THE PUNJAB OVERSEAS
PAKISTANIS COMMISSION ACT 2014
( XX OF
2014)
[10th November,
2014]
AN
ACT
to establish the
Punjab Overseas Pakistanis Commission.
Whereas it is
expedient to establish the Punjab Overseas Pakistanis
Commission to receive and redress the grievances of
overseas Pakistanis relating to Government Agencies; refer complaints and
suggestions of overseas Pakistanis to the concerned offices, and to deal with
ancillary matters;
It is enacted as follows:
1.
Short title,
extent and commencement.– (1) This Act may be cited as the Punjab Overseas
Pakistanis Commission Act 2014 (XX of 2014).
(2)
It extends to whole of the Punjab.
(3)
It shall come into force with effect from 9th September 2014.
2.
Definitions.–
In this Act:
(a)
“Advisory Council” means the Advisory Council
consisting of the Overseas Pakistanis residing in different countries;
(b)
“Commission” means the Punjab Overseas Pakistanis
Commission;
(c)
“Commissioner” means the Overseas Pakistanis
Commissioner;
(d)
“district” means a district notified under the Punjab
Land Revenue Act, 1967 (XVII of 1967);
(e)
“District Committee” means a District Overseas
Pakistanis Committee;
(f)
“Government” means Government of the Punjab;
(g)
“Government Agency” means a department, attached
department or special institution of the Government, a local government, or a
body corporate owned or controlled by the Government or a local government;
(h)
“Ombudsman” means the Ombudsman appointed under section
3 of the Punjab Office of the Ombudsman Act 1997 (X of 1997);
(i)
“Overseas Pakistani” means a person of Pakistani origin
who is either permanently or temporarily settled outside Pakistan:
(i)
for employment; or
(ii)
for carrying on a business or vocation; or
(iii)
for any other purpose with intention to stay outside
Pakistan for an unspecified period;
(j) “prescribed”
means prescribed by the rules; and (k) “rules”
means the rules made under the Act.
3.
Commission.– (1) There shall be a Commission to be known as the Punjab Overseas Pakistanis
Commission.
(2)
The Commission shall consist of the Chief Minister
Punjab who shall be its Chairperson and an Overseas Pakistani of noted repute
and experience nominated by the Chief Minister as Vice Chairperson, and the
following members:
|
(a)
|
three members of the Provincial Assembly of
the Punjab belonging to those districts having large number of Overseas
Pakistanis to be nominated by the Chief Minister;
|
Members
|
|
(b)
|
two women having experience in issues
related to Overseas
Pakistanis
to be nominated by the Government for a term of three years;
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Members
|
|
(c)
|
Chief Secretary of the Government;
|
Member
|
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(d)
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Senior Member, Board of Revenue, Punjab;
|
Member
|
|
(e)
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Chairman,
Planning and
Development Board;
|
Member
|
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(f)
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Secretary to the Government, Home
Department;
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Member
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(g)
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Provincial Police Officer, Punjab;
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Member
|
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(h)
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Chairman, Punjab Board of
Investment & Trade;
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Member
|
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(i)
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Chairman, Punjab Information Technology
Board;
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Member
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(j)
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Commissioner.
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Member/Secretary
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(3)
Five members including the Chairperson or Vice
Chairperson shall constitute the quorum for a meeting of the Commission but an
ex-officio member may be represented in the meeting by an officer of the
department or organization not being below the rank of an Additional Secretary.
(4)
The Commission shall meet at such time and place and
shall observe such procedure in regard to transaction of business at its
meetings as may be prescribed and until so prescribed as may be directed by the
Chairperson.
4.
Functions of
the Commission.– (1) Subject to the provisions of this Act and rules, the
Commission may exercise such powers and perform such functions as may be
necessary for carrying out purposes of the Act.
(2)
The Commission shall:
(a)
review annual reports about the working of the
Commissioner and give necessary directions;
(b)
review performance of the Commissioner and pass
appropriate
orders;
(c)
ensure smooth functioning of the office of
Commissioner;
(d)
resolve matters relating to conflict, if any, between
the Commissioner and a Government Agency;
(e)
develop criteria for constitution of Advisory Council
before its constitution;
(f)
nominate members of the Advisory Council; and
(g)
nominate members of the District Overseas Pakistanis
Committees.
5.
Advisory
Council.– (1) There shall be an Advisory Council consisting of Overseas Pakistanis
residing in different countries.
(2)
The Commission shall:
(a)
constitute an Advisory Council for one or more
countries;
(b)
determine the number of members of an Advisory Council;
and (c) nominate members of an
Advisory Council.
(3)
An Advisory Council shall make recommendations for the
redressal of grievances of Overseas Pakistanis and shall forward their
complaints and suggestions to the Commissioner.
6.
Commissioner.–
There shall be an Overseas Pakistanis Commissioner to be appointed by the
Government on such terms and conditions as may be prescribed and, until so
prescribed, as may be determined by the Government.
7. Functions of the
Commissioner.– (1) The Commissioner shall:
(a)
transmit a complaint received from an Overseas
Pakistani to a Government Agency for redressal;
(b)
make recommendations for policy changes, improvements
in the system to the Government or Federal Government on the basis of feedback
received from an Advisory
Council or the overseas Pakistanis;
(c)
be authorized to refer any complaint of an Overseas
Pakistani to the Ombudsman for further necessary action in accordance with law;
(d)
recommend disciplinary action against public servants
who do not send reply to the Commissioner within thirty days of the receipt of
reference from the Commission;
(e)
recommend initiation of anti-corruption proceedings
against a public servant where, on the basis of preliminary findings, a prima
facie case for criminal action under the relevant law is made out in relation
to protection of rights of an Overseas Pakistani;
(f)
refer the proposals of Overseas Pakistanis relating to
investment to the Punjab Board of Investment and Trade and ensure their early
processing;
(g)
prepare an annual report about the performance of the
Commissioner for consideration and appropriate action by the Commission;
(h)
hold consultative conventions or workshops involving
Overseas
Pakistanis;
(i)
deal with references received from an Advisory Council
on priority basis; and
(j)
perform any other function ancillary to any of the
above functions or as may be prescribed.
(2) If the Commissioner has referred any
complaint under subsection (1) to a Government Agency, the Government Agency
shall, within a period not exceeding thirty days, send its response to the
Commissioner.
8.
Departmental
focal persons.– All Government Departments shall appoint senior officers as
focal persons to liaise with the office of Commissioner for monitoring and
disposal of matters relating to Overseas Pakistanis.
9.
District
Committees.– (1) There shall be a District Overseas Pakistanis Committee in
each district consisting of the Chairperson to be nominated by the Commission
for a period of three years, the District Coordination Officer as Vice
Chairperson and the following members:
(a)
two persons to be nominated by the
Commission for a term of three years; Members
(b)
District Police Officer or Head of
District Police; and Member
(c)
Additional District Collector.
Secretary/ Member
(2)
A District Committee may co-opt any other officer of
the Government posted in the district as a member of the Committee.
(3)
Four members including Chairperson or Vice Chairperson
shall constitute the quorum for a meeting of the Committee.
(4)
The Committee shall meet at such time and place and
shall observe such procedure in regard to transaction of business at its
meetings as may be prescribed and until so prescribed as may be directed by the
Commission.
10. Functions of the District
Committees.– A District Committee shall:
(a)
review complaints of overseas Pakistanis pending with
different
offices in the district and
expedite their disposal; and
(b)
send progress reports and suggestions for improvement
in the system to the Commissioner.
11.
Directions
of the Government.– The Government may, by general or special order, issue
directions regarding day to day working of the Commissioner.
12.
Rules.–
The Government may, by notification in the official Gazette, make rules for
carrying out the purposes of this Act.
13.
Repeal.–
The Punjab Overseas Pakistanis Commission Ordinance 2014 (X of 2014) is hereby repealed.
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