THE PUNJAB
LIVESTOCK, DAIRY AND POULTRY DEVELOPMENT BOARD ACT, 1974
(III of 1974)[1]
[1st February, 1974]
An
Act
to provide for the
establishment of Livestock, Dairy and Poultry Development Board in the Punjab
Preamble.— WHEREAS it is expedient to make provision for the establishment of
a Livestock, Dairy and Poultry Development Board in the Punjab to establish,
manage, control and run livestock, dairy, poultry and other allied projects in
the public sector; It is hereby enacted as follows:-
CHAPTER I
PRELIMINARY
1.
Short title,
extent and commencement.— (1) This Act may be called the Punjab Livestock,
Dairy and Poultry Development Board Act, 1974.
(2)
It shall extend to the whole of the Province of the
Punjab and shall come into force at once.
(3)
It shall apply to all projects in the public sector
mentioned in the Schedule.
(4)
Government may, at any time, by notification in the
official Gazette, add to or delete from the projects mentioned in the Schedule.
2.
Definitions.—
In this Act, unless there is anything repugnant in the subject or context—
(a)
“Board” means the Punjab Livestock, Dairy and Poultry
Development Board;
(b)
“Board of Directors” means the Board of Directors of
the Board;
(c)
“Chairman” means the Chairman of the Board;
(d)
“Company” means a company as defined in the Companies
Act, 1913, and promoted and established by the Board for managing and running
one or more of the projects;
(e)
“Director” means Director of the Board and includes the
Managing Director;
(f)
“Government” means Government of the Punjab;
(g)
“project” means a project mentioned in the Schedule;
(h)
“Managing Director” means the Managing Director of
Board;
(i)
“Prescribed” means prescribed by rules;
(j)
“Regulations” means regulations made under this Act;
(k)
“Rules” means rules made under this Act;
(l)
“Schedule” means the schedule to this Act;
(m)
“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 ; and
(n)
“specified” means specified by regulations.
CHAPTER II
CONSTITUTION OF THE BOARD
3.
Constitution
of the Board.— (1) There shall be established a Board to be known as the
Punjab Livestock, Dairy and Poultry Development Board.
(2)
The Board shall be a body corporate and shall have the
power to acquire and hold property, both movable and immovable 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 Board shall be at the place as
may be notified by the Government in the official Gazette.
4.
Management.—
(1) The administration and management of the Board and its affairs shall vest
in the Board of Directors constituted under section 5, which may exercise all
powers and do all such acts and things as may be exercised or done by the Board
in accordance with the provisions of this Act.
(2)
The Board shall, in discharging its functions, act on
national and commercial considerations subject to such directions as 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 provisions of the Act or the rules or regulations made thereunder, or the directions
mentioned in sub-section (2), or prohibit the doing of any act which 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.
2[5. Board of Directors.— (1) The Board
shall consist of—
(a)
Minister for Livestock and Dairy Development,
Government of the Punjab Chairman.
(b)
Additional Chief Secretary, Government of the Punjab,
Planning and Development Department Director.
(c)
Chief Land Commissioner Director.
(d)
Secretary to Government of the Punjab, Finance
Department Director.
(e)
Secretary to Government of the Punjab,
Director.Agriculture Department
(f)
Secretary to Government of the Punjab, Livestock,
Fisheries and Dairy Development Department Director.
(g)
Non-official members not less than four in number to be
appointed by the Government Directors.
(h)
Managing Director Director.
(2)
The Managing Director shall be appointed by the
Government and shall be exofficio
Secretary of the Board of Directors.
(3)
Government may, by notification in the official
Gazette, alter the membership of the Board or increase of decrease the number
of Directors.]
6.
Managing
Director.— (1) The Managing Director shall be the Chief Executive of the
Board and shall—
(a)
be a whole-time officer of the Board unless Government
directs otherwise;
(b)
perform such duties as may be specified or as may be
assigned to him;
(c)
hold office as Managing Director for a period of three
years; and
(d)
receive such salary and allowances as the Government
may determine.
(2)
Nothing in this section shall preclude the Government
from extending the term of office of the Managing Director for such period as
Government may determine.
(3)
Notwithstanding anything contained in this Act, the
Managing Director may, at any time before the expiry of his term and upon one
month’s notice, resign his office or, upon similar notice or one month’s pay in
lieu thereof, be removed from office by the Government.
7.
Non-official
Directors.— (1) Non-official Directors shall hold office for a period of
two years.
(2)
Government may in its discretion remove any
non-official Director before the expiry of his term without assigning any
reason.
8.
Appointment
of officers, etc.— The Board may appoint such officers, advisers, experts,
consultants, and employees, as it considers necessary for the efficient
performance of its functions on such terms and conditions as it may deem fit,
subject to such general or special directions as the Government may give to it
from time to time in this behalf.
2S ubstituted by the
Punjab Livestock, Dairy Development Boar d (Amendment) Act, 1977(XII of
1977)
9.
Constitution
of committees.— The Board may constitute such committees as may be deemed
necessary for carrying out the purposes of this Act.
10.
Immunity of
the Board and its employees.— Every Director, Adviser, Officer, Expert
Consultant and employee of the
Board shall be indemnified by the Board against all losses and expenses
sustained or incurred by him in the discharge of the duties of his office, save
such losses and expenses as are sustained and incurred as a result of his own
wilful act or default.
11.
Delegation
of powers.— The Board may, by general or special order, delegate to the
Chairman, Managing Director, Directors, Advisers, Officers, Experts,
Consultants or employees of the Board or the committees constituted under
section 9, any of its powers, duties or functions under this Act and the rules
and regulations made thereunder subject to such conditions as it may deem fit
to impose.
12.
Power of
Board to associate other persons.— (1) The Board of Directors 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 right to take part in the discussion relating to such
purpose in the meetings of the Board but shall not have right to vote and shall
not be deemed to be a Director for that or any other purpose.
CHAPTER III
POWERS, DUTIES AND FUNCTIONS OF THE BOARD
13.
Powers,
duties and functions of the Board.— (1) In accordance with the provisions
of this Act, and subject to such general or special order as Government may
give from time to time, the Board shall take measures to establish, manage and
run any of the projects mentioned in the Schedule.
(2)
In particular the Board may, in order to carry out the
purposes of this Act—
(a)
form and establish companies in respect of any of the
projects mentioned in the schedule;
(b)
manage on behalf of Government the shares held by
Government in the issued
capital of the companies referred
to at (a) above;
(c)
subscribe to the capital of the companies to such
extent as may be necessary;
(d)
act as Managing Agents of the companies established by
the Board; and
(e)
give short and long-term loans or furnish guarantees to
the scheduled banks for loans to the companies established by the Board.
(3)
The Board shall also be responsible for—
(a)
preparing plans in respect of the projects mentioned in
the schedule;
(b)
undertaking or causing to be undertaken studies to determine
the economic and technical feasibility of the projects mentioned in the
Schedule;
(c)
presenting to Government for its approval schemes in
respect of the projects mentioned in the Schedule;
(d)
implementing and executing schemes approved by
Government;
(e)
participating in national and international fairs and
exhibitions;
(f)
managing, on behalf of Government, on such terms and
conditions as the Government may specify, such forms, projects and activities
as the Government may, from time to time, decide to hand over to the Board; and
(g)
undertaking such other functions as are necessary in
the successful execution and management of the projects mentioned in the
Schedule.
(4)
The Board may, subject to such general or special
directions as the Government may give to it from time to time, assist and
encourage the private sector in establishing and running any of the projects
mentioned in the Schedule.
14.
Loans.—
The Board may negotiate and obtain for its projects and companies established
under section 13 of this Act loans in local and foreign currency from the local
or the international financing institutions:
Provided that in
the case of loans from international financing institutions, the Board shall
act with the prior approval of Government.
15.
Board Fund.—
(1) There shall be a fund to be known as the Punjab Livestock, Dairy and
Poultry Development Board Fund which shall vest in the Board and which shall be
utilized by the Board to meet expenses in connection with its functions under
this Act including salaries and other remunerations of the Chairman, Directors,
Advisers, Experts, Consultants, Officers and other employees of the Board.
(2)
The Punjab Livestock, Dairy and Poultry Development
Board Fund shall consist of—
(a)
investment made by Government;
(b)
grants made by Government;
(c)
loans obtained from Government;
(d)
charges for the management of projects under the direct
control of the Board;
(e)
managing agency commission in respect of companies
managed by the Board;
(f)
loans obtained from the scheduled banks;
(g)
foreign loans obtained by the Board;
(h)
grants, technical and financial assistance received
from international agencies and on bilateral basis from other countries; and
(i) all other sums received by the Board.
16.
Project
Fund.— (1) There shall be a fund for each project known as the Project Fund
which shall be operated by such persons as may be appointed by the Board. The
expenditure chargeable to each such fund and the sources of receipts and income
thereto shall be as determined by the Board.
(2)
The Board may, at its discretion, transfer any part of
any project fund to the Punjab Livestock, Dairy and Poultry Development Board
Fund.
17.
Board to be
deemed a local authority.— The Board shall be deemed to be a local
authority under the Local Authorities Loans Act, 1914, 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.
18.
Custody and
investment of Livestock, Dairy and Poultry Development Fund.— All moneys at
the credit of the Board shall be kept in such manner as may be prescribed.
19.
Maintenance
of accounts.— The Board shall maintain complete and accurate accounts in
such manner as may be prescribed.
20.
Audit of
accounts.— The accounts of the Board shall be audited in such manner as may
be directed by Government.
21.
Reports to
be furnished to Government.— The Board shall furnish to Government such
reports, returns, statements, etc. as required by Government from time to time.
22.
Winding up
of companies.— (1) No provision of law relating to winding up of the
companies shall apply to the Board.
(2)
When, in the opinion of Government, it is expedient
that the Board shall cease to exist, Government may, by notification in the
official Gazette, declare that the Board shall be dissolved from such date as
may be specified in this behalf in the notification and the Board shall be
deemed to have been dissolved accordingly and from such date—
(a)
all properties, funds and dues which are vested in or
realisable by the Board shall vest in and be realisable by an Administrator or
any other officer appointed by Government in this behalf;
(b)
all liabilities which are enforceable against the Board
shall be enforceable only against the Administrator or any other officer
appointed by Government in this behalf;
(c)
for the purpose of completing the execution of any
scheme, sanctioned under this Act which has not been fully executed by the
Board and of realising properties, funds and dues referred to in clause (a) the
functions of Board under this Act shall be discharged by the Administrator or
any other officer appointed by Government in this behalf;
(d)
the Administrator or any other officer appointed by
Government shall keep separate accounts of all moneys respectively received and
expended by him under this Act, until all loans raised hereunder have been
repaid and until all liabilities referred to in clause (b) have been duly met;
and
(e)
the Administrator or any other officer appointed by
Government in this behalf shall have power to dispose of the properties,
assets, rights, etc., of the Board in such manner as Government may direct from
time to time.
(3)
Any properties and assets left over after all the
liabilities of the Board have been discharged shall vest in Government and all
liabilities left undischarged after all the properties and assets of the Board
have been disposed of, shall become the liabilities of Government.
(4)
The Administrator or any other officer appointed by
Government in this behalf may delegate any of his powers under this section to
any officer of Government to such extent and on such terms and conditions as
may be approved by Government.
23.
Disposal of
rights, properties, assets, etc.— Whenever in the opinion of the Board it
is expedient that any project or company should be wound up or disposed of, the
Board shall have powers to dispose of its rights, properties, assets and
liabilities in any such project or company either in whole or in part in such
manner as it deems fit subject to such directions as Government may give to it
from time to time.
24.
Power to
make rules.— (1) Government may make rules for carrying out the purposes of
this Act.
(2)
In particular and without prejudice to generality of
the foregoing powers such rules may provide for—
(a)
the manner and form of keeping the accounts of the
Board;
(b)
recruitment of officers, advisers, consultants, experts
and other employees of the Board;
(c)
terms and conditions of service of the officers,
advisers, consultants, experts, and other employees of the Board;
(d)
functions of the Advisers;
(e)
borrowing by the Board;
(f)
the date on which and the form in which the annual
budget statement of the Board shall be submitted each year;
(g)
procedure for appropriation and re-appropriation of
moneys at the credit of the Board;
(h)
manner and form in which and the authorities to whom
returns, reports and statements shall be submitted;
(i)
investment of Board Funds and surplus moneys;
(j)
sale or transfer of farms, projects or industries and
other immovable property of the Board; and
(k)
such other matters relating to the administration and
other affairs of the Board as the overnment may think fit to prescribe by
rules.
25.
Power to
make regulations.— 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.
26.
Repeal.—
The Punjab Livestock Dairy and Poultry Development Board Ordinance, 1973 (
Punjab Ordinance No. XXI of 1973), is hereby repealed.
SCHEDULE
1.
Livestock Farms.
2.
Stud Farms.
3.
Poultry Farms.
4.
Dairy
Farms.
5.
Dairy
plants including milk collection and chilling centres.
6.
Feed
mills.
7.
Slaughter
Houses.
8.
Poultry
processing, deep freezing and storing plants.
9.
Quality
testing laboratories for feed/livestock products.
10.
Whole-sale
and retail marketing and agencies of products of Livestock, Dairy and Poultry
Development Projects.
[1]
This act was passed by the assembly on 30th march assented by
the Governor of the Punjab on 1st February, 1974: and, published in the
Punjab gazette (extraordinary), dated 1st February, 1974
pages 117-AJ.
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