Pak Law: NEPRA REGULATIONS, 2012

NEPRA REGULATIONS, 2012

REGULATIONS, 2012

NATIONAL ELECTRIC POWER REGULATORY AUTHORITY (PROCEDURE FOR FILING APPEAL BEFORE THE AUTHORITY) REGULATIONS, 2012

[Gazette of Pakistan, Extraordinary, Part-II, 10^th October, 2012]

S. R. O. 1264(I)/2012.—In exercise of the powers conferred by Section 47, read with Sections 12-A and 38(3) of the Regulation of Generation, Transmission and Distribution of Electric Power Act 1997, the National Electric Power Regulatory Authority is pleased to make the following regulations, namely:-

1. Short title and commencement.—(1) These regulations may be called the National Electric Power Regulatory Authority (Procedure for filing appeal before the Authority) Regulations, 2012.

(2) These shall come into force at once.

2. Definitions.—(1) In these regulations, unless there is anything repugnant in the subject or context,—

(a) "Act" means the Regulation of Generation, Transmission and Distribution of Electric Power Act 1997;

(b) "Authority" means the authority established under Section 3 of the Act;

(d) "appellant" means a person who prefers an appeal before the Authority;

(e) "authorized representative" means a person who is authorized to appear, plead and act on behalf of the appellant before the Authority;

(f) "form" means form appended to these regulations;

(i) "Registrar" means an officer of the Authority who is appointed to perform the functions of the Registrar of Authority.

(2) Words and expressions used and not specifically defined herein, but defined in the Act, shall have the meaning assigned to them in the Act.

3. Filing of appeal.—(1) Any person aggrieved by any decision or order of the single Member of the Authority or Tribunal constituted under Section 11 of the Act or from a decision given by the Provincial office of Inspection may, within 30 days of the order or decision; file an appeal before the Authority.

(2) No appeal shall be competent against any order or decision given with the consent of the parties or against any interim order.

4. Limitation for filing appeal.—(1) Every appeal shall be filed within a period of thirty days from the date on which a copy of the order against which the appeal is preferred is received by the appellant:

Provided that the Authority may, upon an application filed in this behalf, entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within the period.

(2) Subject to anything contrary on the record the copy of the order against which an appeal is filed shall be presumed to have been received by the appellant if:-

(a) sent by courier, three days following the day it is dispatched by the Receipt and Issue department of the Authority;

(b) sent by registered post, seven days following the date it is mailed by the Receipt and Issue department of the Authority; and

5. Form and procedure of appeal.—(1) A memorandum of appeal shall be presented/sent, as per forms prescribed in the Schedule attached to these regulations, by registered post or through a recognized courier addressed to the Registrar.

(2) Every appeal shall be supported with a duly verified affidavit signed by the appellant(s).

(3) A memorandum of appeal sent by post shall be deemed to have been presented to the Authority on the day it is received by the Registrar.

6. Appeal to be in writing.—(1) Every appeal, application, reply, representation or any document filed before the Authority shall be type-written neatly on one side of good quality paper of legal size in double space and all sheets shall be stitched together and every page shall be consecutively numbered.

(2) The appeal under sub-rule (1) shall be presented in four sets in a paper-book.

7. Contents of memorandum of appeal.—(1) Every memorandum of appeal filed shall set forth concisely under distinct heads, the grounds of such appeal numbered consecutively and shall contain no intemperate or improper language.

8. Other documents to accompany memorandum of appeal.—(1) Apart from other documents, every memorandum of appeal shall be accompanied by a certified copy of the order appealed against.

(2) Where an appellant or respondent is represented by an authorized representative, the written authorization in his favour signed by the appellant or as the case may be, respondent shall be appended to the appeal.

9. Fee.—(1) Every memorandum of appeal shall be accompanied with a fee of Rs. one thousand in the form of bank draft in favour of National Electric Power Regulatory Authority.

10. Presentation and scrutiny of memorandum of appeal by Registrar.—(1) The Registrar shall endorse on every appeal the date on which he has received the appeal under Regulation 5, or deemed to have been presented under that rule, and shall sign an endorsement to that effect.

(2) If, on scrutiny, the appeal is found to be in order by the Registrar, it shall be duly registered and given a serial number.

(3) If an appeal on scrutiny is found to be defective by the Registrar and the defect noticed is of formal nature, the Registrar may allow the appellant to rectify the same in his presence and if the said defect is not of formal nature, the Registrar may allow the appellant such time to rectify the defect as he may deem fit. If the appeal has been sent by post and found to be defective, the Registrar may communicate the defects to the appellant and allow the appellant such time to rectify the defect as he may deem fit.

(4) If the appellant fails to rectify the defect within the time allowed in sub-rule (3), the Registrar shall place the appeal before the Authority for a decision and the Authority may either provide another opportunity of rectification or may reject the appeal.

11. Adjournments.—(1) If on the day fixed or any other day to which the hearing may be adjourned the appellant does not appear when the appeal is called on for hearing, the Authority may make an order that the appeal be dismissed:

Provided that the Authority may, upon an application submitted by the appellant giving sufficient cause for his non-appearance, make an order for restoration of appeal on payment of such costs as it may, in the circumstances of the case, deem necessary.

(2) The dismissal of an appeal under sub-rule (1) shall be notified to the appellant.

(3) The appellant or respondent seeking adjournment for a fixed date of hearing shall be required to give reasons along with evidence of his non-appearance or his authorized representative before the Authority.

12. Notice of appeal to all concerned.—Where the appeal complete in all respects and is not rejected under Regulation 10(4), a copy of the memorandum of appeal and paper-book shall be served by the Registrar on the respondent by hand delivery, or by registered post or by courier as the case may be.

13. Filing of reply to the appeal and other documents by the respondent.—(1) The respondent may file written reply of the memorandum of appeal within a period of 10 days of receipt of notice.

(2) Every reply, application or written representation filed before the Authority shall be verified in the manner provided for in the form.

(3) A copy of every application, reply, document or written material filed by the respondent before the Authority shall be forthwith served on the appellant by the respondent.

(4) The Authority may, in its discretion, on application by the respondent or other interested party allow the filing of reply referred to in sub-rule (1) after the expiry of the period originally allowed.

14. Date of hearing to be notified.—The Registrar shall notify the date, time and venue of hearing of the appeal to all the parties in such manner as the Authority may, by general or special order, direct.

15. Hearing of appeal and decision of appeal.—(1) On the day fixed for hearing, or on any other day to which the hearing may be adjourned, the appellant shall be heard personally, or through his authorized representative, in support of the appeal. The Authority shall then hear the respondent or his authorized representative against the appeal and in such a case the appellant shall be entitled to reply.

(2) All parties appearing before the Authority may be required to submit a summary of their arguments in writing at the conclusion of the hearing provided that the Authority shall not be bound to entertain such arguments which are included in the summary but not pressed before the Authority during the course of hearing.

(3) An appeal shall as far as possible be decided within sixty days of its filing.

(4) The hearing of appeals under these rates shall not be public proceedings, provided that any person not being a party to the proceeding before the Authority may attend such proceedings with the prior approval of the Authority.

(5) The Authority in appeal may, inter alia, confirm, remand, set aside or cancel the order appealed against or enhance or reduce the penalty or make such other order as it may deem just and equitable in the circumstances of a case.

16. Facts to be proved by affidavit.—The Authority may, at any time, for sufficient reasons; order that any particular fact or facts may be proved by affidavit or that the affidavit of any witness may be read at the hearing, on such conditions as it may deem appropriate.

17. Order to be signed and dated.—(1) Every order of the Authority shall be signed and dated by the Authority and the Authority may, subject to recording of reasons in writing, pass interim orders or injunctions in the interest of justice.

(2) The order shall be pronounced in the sitting of the Authority or at any time as the Authority may deem fit.

18. Communication of orders.—A copy of the duly signed order passed by the Authority shall be communicated to all the parties within three days of the passing of such order.

SCHEDULE

[See Regulation 5(1)]

Form - A

Form-A shall be appended to the appeal by the Appellant giving the following particulars:

(1) Title : A ,B .— Appellant versus CD...and others Respondent(s)

(2) Particulars of the appellant:

(a) Name of the appellant;

(b) In case of a company, address of registered office, in other cases mailing address for service of all notices;

(3) Particulars of the respondent(s):

(a) Name of the respondent(s)

(b) In case of a company address of registered office in other cases mailing address for service of all notices;

Signatures of the Appellant or his authorized representative

__________________________________

(Name in Block Letters)

FORM B

(For use in the Authority's office)

(a) Date of presentation before the Registrar ___________________

(b) Date of receipt by post _________________________________

(d) Signature of the Registrar _______________________________

FORM-C

NATIONAL ELECTRIC POWER REGULATORY
AUTHORITY ISLAMABAD

A.B .— Appellant(s)

versus

CD...and other Respondent(s)

Appeal under Section 12A or 38(3) of the Regulation of Generation, Transmission and distribution of Electric Power Act of 1997.

1. Facts of the case and the details of the orders against which appeal is preferred:

The facts of the case arc given below:

(give a concise statement of facts and grounds of appeal against the specific order, in a chronological order, each paragraph containing as nearly as possible a separate issue or fact).

2. Relevant provisions of law.

(Reference must be made to all the relevant provisions invoked and to be relied upon in the appeal).

3. Legal grounds

(Give all the legal grounds with reference to the law they are based upon).

4. Interim order, if prayed for

(Give here the nature of the interim order prayed for and reference to the application No. ________ attached with the appeal in this regard).

5. Limitation

The appellant declares that the appeal is within the limitation period as prescribed in Section 12-A or 38(3) of the NEPRA Act, 1997.

6. Relief sought

In view of the facts mentioned in above paras, the appellant prays for the following relief: (Specify the relief(s) sought, explain the grounds for relief(s) and the legal provisions, if any, relied upon).

7. Matter not pending with any other Court etc.

The appellant further declares that the matter regarding which this appeal has been made is not pending before any Court of law or any other authority or any other Tribunal.

8. Details of index

An index containing the details of the documents to be relied upon is enclosed.

9. List of enclosures

10. Copy of Bank Draft

Bank draft for payment of appeal filing fee is to be attached.

Signature of the appellant/authorized representative

VERIFICATION

I, (Name in full and block letters) son/daughter/wife of ______________ being the appellant/authorized representative of ( ________________) do hereby solemnly declare that the foregoing constitutes full, true and plain disclosure of all material facts and nothing has been concealed, and that the contents of paras 1-10 are true to my personal knowledge and belief.

Verified today this…………….day of…………………

Signature of the appellant/authorized representative.

Place:

Date:

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REGULATIONS, 2012

PAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY (CONTENT) REGULATIONS 2012

[Gazette of Pakistan, Extraordinary, Part-II, 10^th October, 2012].

S.R.O. 1265(I)/2012, dated 25.9.2012.—WHEREAS based on the public feedback it is felt expedient to devise guidelines for the electronic media for the improvement of working of electronic media.

WHEREAS after detailed deliberations in the Joint Meeting of Chairpersons, Members of the Councils of Complaints from across the country and Authority Members, the Joint Meeting while expressing its strong belief in the freedom of expression discussed and prepared a draft to enhance the reputation of the electronic journalism in Pakistan. WHEREAS the Authority has time and again expressed its commitment towards promoting self-regulation by the licensees while encouraging the licensees to ensure proper editorial control and policy of gate-keeping along with arrangement for the training of workers of the electronic media.

WHEREAS the draft regulations prepared by the Joint Meeting of Chairpersons. Members of the Councils of Complaints and Authority Members was circulated among the stakeholders as well as uploaded on PEMRA website for consultation and comments of the stakeholders and the general public.

WHERRAS the draft regulations were revised in view of the response received from the stakeholders and the general public and to ensure that freedom of expression is protected as enshrined in Article 19 of the Constitution of Islamic Republic of Pakistan and growth of free, fair and responsible electronic media in the country is promoted.

WHEREAS under Article 37(g) of the Constitution of Islamic Republic of Pakistan read with Section 20 of the Ordinance, the licensees are required to ensure that all programmes and advertisements do not contain or encourage violence, terrorism, racial, ethnic or religious discrimination, sectarianism, extremism, militancy, hatred, pornography, obscenity, vulgarity or other material offensive to commonly accepted standards of decency.

NOW THEREFORE, in exercise of the powers conferred under sub-section (3) of Section 4 read with Sections 19, 20 and all other enabling provisions of Pakistan Electronic Media Regulatory Authority Ordinance, 2002, the Pakistan Electronic Media Regulatory Authority is pleased to make the following Regulations:

1. Short title and commencement.—(1) These regulations shall be called Pakistan Electronic Media Regulatory Authority (Content) Regulations 2012.

(2) They shall come into force at once.

2. Definitions.—(1) Terms and expressions used in these regulations shall have, unless it appears repugnant to the context or provided otherwise, following meaning:-

(a) "advertisement" means a set of visual and audio messages for the projection of a product, service, or idea with the object of propagating sale, purchase or hire of the product, service or idea for creating other related effects;

(b) "Authority" means the Pakistan Electronic Media Regulatory Authority (PEMRA) established under Section 3 of the Ordinance;

(d) "content" includes programmes and advertisements;

(e) "current affairs programme" means the programme that contains explanation and analysis of current events and issues, including material dealing with political or industrial controversy or with current public policy;

(f) "footage" means the raw, unedited material as it had been originally filmed by any video recording device;

(g) "foreign content" means the content that is produced under the direct or indirect creative control of foreigners, foreign companies or foreign broadcasters;

(h) "indecent" includes whatsoever may amount to any incentive, sensuality and excitement of impure thoughts in the mind of an ordinary man of normal temperament and has the tendency to deprave and corrupt those whose minds are open to such immoral influence, and which is deemed to be detrimental to public morals and calculated to produce pernicious effect, in depraving and debauching the minds of persons;

(i) "licence" means a licence issued by the Authority to establish and operate a broadcast media or distribution service;

(j) "licensee" means a person to whom the Authority has issued a licence;

(k) "Ordinance" means the Pakistan electronic Media Regulatory Authority Ordinance, 2002 as amended from time to time;

(l) "programme" means the systematic broadcasting of visual or sound images by a broadcast station but does not include an advertisement;

(m) "propaganda" means a systematic dissemination of any doctrine, rumour or selective information to promote one sided views on any controversial issue;

(n) "proscribed organization" means proscribed organization as defined under Anti-Terrorism Act, 1997;

(o) "regulations" means the regulations made under the Ordinance;

(p) "rules" means the rules made under the Ordinance;

(q) "sectarian" means pertaining to, devoted to, peculiar to, or one which promotes the interest of a religious sect or sects in a bigoted or prejudicial manner;

(r) "smoking" means smoking of tobacco in any form whether in the form of cigarettes, cigar or otherwise with the aid of a pipe, wrapper or any other instrument.

(s) "terrorism" means terrorism as defined under Anti-Terrorism Act, 1997;

(t) "terrorist" means terrorist as defined under Anti-Terrorism Act 1997;

(2) Words and phrases used but not defined in these regulations, unless the context otherwise requires, shall have the meanings assigned to them in the Ordinance, and the rules and regulations made thereunder.

3. Local media industry protection.—(1) Except in case of landing rights permission holder, licensee shall ensure that the foreign content aired in a calendar day does not exceed a maximum often percent of the whole content.

(2) Licensee shall ensure that no programme is aired in violation of the intellectual property rights.

4. Religious and ethnic harmony.—No content shall be aired that contains derogatory remarks about any religion or sect or community or uses visuals or words contemptuous of religious sects and ethnic groups or which promotes communal or sectarian hatred or disharmony.

5. Ethical and social values.—(1) Licensee shall show deference to the ethical and social values of the country and ensure that:-

(a) any content that maligns or slanders any individual in person or certain groups, segments of social, public and moral life of the country is not broadcast or distributed;

(b) content does not make careless references to any class or group of persons as being inherently inferior or in any way discriminate against any section of the community on account of religion, gender, age, disability or occupational status.

Explanation: For the purposes of these regulations content shall be deemed to be obscene if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.

(d) offensive or derogatory jokes, words, gestures, dialogues and subtitles are not broadcast or distributed;

(e) behaviour such as smoking and drug abuse is not presented as glamorous or desirable;

(f) alcoholic beverages, tobacco products or any other narcotics shall not be shown;

(g) content does not contain anything that denigrates men or women through the depiction in any manner of the figure, in such a way as to have the effect of being indecent or derogatory;

(h) content does not contain any abusive comment;

(i) content does not contain anything that, when taken in context, tends to or is likely to expose an individual or a group or class of individuals to hatred or contempt on the basis of race or caste, national, ethnic or linguistic origin, colour or religion or sect, sex, sexual orientation, age or mental or physical disability;

(j) no content is aired that is offensive, indecent, vulgar or defamatory;

6. Coverage of incidents of accidents, violence and crime.—(1) Coverage of incidents of violence and crime shall not incite, glamorize or in any way promote violence or anti-social behaviour.

(2) Appropriate, warning shall be given upfront for content which may be potentially disturbing or upsetting so as to enable viewers to make an informed choice.

(3) Scenes with excessive violence or suffering such as close-up shots of persons being brutally tortured and killed shall not be shown.

(4) It shall be ensured that reporting of incidents of crime, accident, natural disaster or violence does not create hurdles in dispensation of the duties of rescue agencies, hospitals and doctors.

(5) Extreme caution shall be exercised in handling themes, plots or scenes that depict sex and violence, including rape and other sexual assaults.

(6) Identity of any victim of rape, sexual abuse, terrorism or kidnapping or such victim's family shall not be revealed without prior written permission of the victim or victim's guardian where victim is a minor:

Provided that during any ongoing rescue or security operation, identity and number of victims shall not be revealed unless the same is warranted by the rescue or security agency in-charge of the operation.

(7) Content shall not glamorise or in any way promote persons groups or organizations who use or advocate the use of violence or engage in any criminal activity within Pakistan and licensee shall ensure that all proscribed organisations, militant groups or individuals who are notified by the Government as terrorists shall clearly be so identified and statements of such militant groups or individuals shall not be aired.

(8) Licensee shall ensure that there is no live coverage which discloses the tactical measures adopted by law enforcement agencies against terrorists during ongoing security operations.

(9) The licensee shall not air head money or bounty other than announced by the competent Court or the Government agency of Pakistan.

(10) A licensee shall not broadcast video footage of suicide bombers, terrorists, bodies of victims of terrorism, statements and pronouncements of proscribed organizations, militants and extremist elements and any other act which may, in any way, promote aid or abet terrorist or terrorism.

7. Privacy and personal data protection.—(1) Licensee shall avoid any infringement of privacy in programmes and in connection with obtaining material included in programmes unless the same is warranted by an identifiable public interest.

Explanation: For the purposes of these regulations warranted means that where licensees wish to justify an infringement of privacy as warranted they should be able to demonstrate why in the particular circumstances of the case it is warranted. If the reason is that it is in the public interest then the licensee should be able to demonstrate that the public interest outweighs the right to privacy.

(2) Licensee shall not obtain or seek information, audio, pictures or any agreement through misrepresentation or deception unless the same is warranted by identifiable public interest.

(3) Door stepping for factual programmes should not take place unless a request for an interview has been refused and door stepping is warranted by identifiable public interest.

Explanation: For the purposes of these regulations door stepping is the filming or recording of an interview or attempted interview with someone, or announcing that a call is being filmed or recorded for broadcast purposes, without any prior warning.

(4) Information which discloses location of a person's home or family shall not be revealed without permission unless there is an identifiable public interest.

(5) Licensee shall ensure that words, images or actions filmed or recorded in, or broadcast from, a public place, are not so private that prior consent is required before broadcast from the individual or organization concerned unless broadcasting without their consent is warranted by identifiable public interest.

8. Programming for children.—(1) Programmes and advertisements meant for children shall not:--

(a) be presented in a manner which may be disturbing or distressing to children or which may in any way adversely affect their general well being;

(b) be frightening, or contain violence:

(d) promotes superstitions.

(2) Horror and supernatural content which may be frightening to children shall not be broadcast in timeslots that are accessible to children.

(3) The licensee shall include appropriate warning before airing any content that may not be suitable for children.

(4) Due care must be taken over the physical and emotional welfare and the dignity of people under eighteen who take part or are otherwise involved in programmes. This is irrespective of any consent given by the participant or by a parent, guardian or other person over the age of eighteen in loco parentis.

(5) People under eighteen must not be caused unnecessary distress or anxiety by their involvement in programmes or by the broadcast of those programmes.

(6) Prizes aimed at children must be appropriate to the age range of both the target audience and the participants.

9. Language.--(1) Content shall maintain high standards of language. Abusive and vulgar language shall be strictly avoided in all content.

(2) Standard Urdu, regional and foreign languages which are grammatically correct, shall be used for programmes such as news, current affairs, info-educational programmes and programmes meant for children.

10. News and current affairs programmes.—(1) News, current affairs or documentary programmes shall present information in an objective, accurate, impartial and balanced manner.

Explanation: Impartial here means that opinion and views expressed by the licensee shall be based on proper reasoning and facts and shall not be influenced by personal bias, prejudice or other commercial interests of the licensee or persons working for the licensee.

(2) Any political or analytical programme whether in the form of a talk show or otherwise, shall be conducted in an objective manner ensuring representation of the concerned parties and the guests shall be treated with due respect.

(3) In the event any factually incorrect programme, news or assertion is made by the licensee, the correct factual position shall be broadcast as soon as it comes to the knowledge of the licensee along with an apology.

(4) Programmes or advertisement amounting to contempt of Court shall not be aired.

(5) Programmes on sub judice matters may be aired in informative manner and shall be handled objectively:

Provided that no content which tends to prejudice the determination of the Court shall be aired.

(6) News shall be clearly distinguished from commentary, opinion and analysis.

(7) Gloomy, sensational, or alarming details not essential to factual reporting shall not be aired as a part of news-bulletin.

(8) Footages of gory scenes including bloodshed and dead bodies shall not be aired.

(9) While reporting the proceedings of the Parliament or the Provincial Assemblies, such portion of the proceedings as the Chairman or the Speaker may have ordered to be expunged, shall not be broadcast or distributed and every effort shall be made to release a fair account of the proceedings of the Parliament or the Provincial Assemblies.

(10) Sequences that are based on extracts of Court proceedings, from police records, and other sources must be fair and correct. Where the creative realization of some elements (such as characterization, dialogue or atmosphere) may introduce a Fictional dimension, this shall not be allowed to distort the known facts.

(11) In talk shows or other similar programmes, the licensee shall ensure that:--

(a) the topic of programme is clearly highlighted;

(b) information being provided is not false, distorted, inappropriate or misleading and relevant facts are not suppressed for commercial, institutional or other special interests;

(d) exploitation that appears to purposefully debase or abuse a person, or group of persons is avoided;

(e) intrusion into private life, grief or distress of individuals is avoided;

(12) Any personal interest of a reporter or presenter which may call into question due impartiality of the programme shall be disclosed.

(13) Licensee shall avoid media trial of any person in connection with an ongoing investigation and shall present both sides of the story.

(14) News or any other programme shall not be aired in a manner that is likely to jeopardize any ongoing investigation.

11. Re-enactment.—(1) The evidence on which a dramatic re-enactment is based shall be tested with the same rigor required of a factual programme;

(2) Footage or re-enactment of following shall not be aired:

i. executions or other scenes in which people are clearly seen being killed or about to die;

ii. rape, sexual abuse or any other sex crime; or

iii. any case which is under trial before a Court.

(3) Re-enactment of any criminal incident shall not be aired before 2300 hrs and after 0700 hrs.

12. Programming mix and live coverage.—(1) A licensee shall show content as per its licence category and percentage wise content set out in the terms and conditions of the licence.

(2) Licensee may broadcast live programmes if it is permitted under the terms and conditions of the licence provided that an effective delaying mechanism has been put in place in order to ensure effective monitoring and editorial control.

13. General standards.—(1) Footage that can cause depression or fear in the minds of public shall be properly edited before airing to minimize such effect and shall not be repeated excessively:

Provided that whenever such footage is shown, advance guiding notes shall be aired for exercise of viewer's discretion.

Explanation: For the purposes of sub-section (1) footage shall be deemed to have been excessively repeated if it is aired for more than once in a transmission of one hour.

(2) While debating on the matters related to national security, constitutional issues, financial institutions and capital market, utmost care shall be exercised and it shall be ensured that only professionally qualified persons take part in the discussion.

(3) Licensee shall ensure that no content is aired that:

(a) brings into contempt Pakistan or its people or tends to undermine its integrity or solidarity as an independent and sovereign country;

(b) undermines public security or contains anything against maintenance of law and order or which promotes anti-national or anti-state attitudes;

(d) contains extremist or anarchic messages, including the incitement of violence for political ends or other purposes; or

(e) contains aspersions against or ridicules organs of the State;

14. Coverage of elections.—Licensee shall comply with the guidelines or code issued by the Election Commission of Pakistan for coverage of elections and airing of related programmes.

15. Advertisements.—(1) Advertisements shall conform to the requirements of the laws of the country including the laws pertaining to protection of the consumer rights and Indecent Advertisements Prohibition Act, 1963.

(2) Advertisements meant for children shall not directly ask the children to buy the product.

(3) Advertisements shall not promote obscenity, violence or other activities harmful to human health or property.

(4) Advertisements of any alcoholic beverages, tobacco products, illegal drugs or narcotics shall not be aired.

(5) Any health related advertisement shall not be aired without prior permission of the Federal Government or Provincial Government, as the case may be, as required under the relevant applicable laws and the advertisement so aired after obtaining necessary permission shall strictly comply with the terms and conditions of the permission.

(6) Advertisements of lotteries, gambling or betting as prohibited under Pakistan Penal Code 1860 or any other law for the time being in force shall not be aired.

(7) A licensee shall ensure that its service is not used to advertise or otherwise promote magic or black magic.

(8) Advertisement shall not exploit nationalistic behaviour and use of national symbols and anthem purely for the purposes of promotion of a product or any quality in such product shall be prohibited.

(9) Advertisements shall be readily recognizable as such and kept separate from programmes.

(10) Advertisements in the form of subtitles, logos or sliding texts on TV shall not exceed a maximum of one tenth of the whole screen.

(11) Advertisements relating to telemarketing, tele-shopping or other offers to make phone calls shall clearly identify the applicable charges inclusive of all taxes.

(12) During a regular programme a continuous break for advertising shall not exceed three minutes and duration between two such successive breaks shall not be less than fifteen minutes:

Provided that duration of advertisement in one hour shall not exceed a maximum of twelve minutes.

16. Responsibility for advertising.—Licensee shall be held liable for distribution of illegal or prohibited advertisements.

17. Programmes and advertisements to comply with the local laws.—(1) Licensee shall ensure that programmes and advertisements comply with the Ordinance, rules, regulations, code of conduct and do not violate any laws of the country.

(2) Where prior permission for airing of any advertisement or programme is required to be obtained under any law, such advertisement or programme shall not be aired unless requisite prior permission has been obtained.

18. Monitoring Committee.—(1) Licensee shall comply with these regulations, codes of programmes and advertisements approved by the Authority and appoint an in-house monitoring committee under intimation to the Authority to ensure compliance of these regulations and code.

(2) The selection criteria of the members of in-house monitoring committee to be appointed by the licensee as required under Section 20 (f) of the Ordinance shall be provided to the Authority.

19. Errors and corrigendum.—(1) In the event any false news or information is aired, the licensee shall acknowledge and correct the same on the same medium without any delay in the same manner and magnitude as that of the false news or information was aired.

(2) Any person aggrieved from any aspect of the programme or advertisements may file a complaint before the council as provided in Pakistan Electronic Media Regulatory Authority (Council of Complaints) Rules, 2010.

20. Distribution of TV channels.—A distribution service operator shall relay only those TV channels that are licensed by the Authority.

21. Interpretation.—In case of a dispute- or controversy over interpretation, purported meanings or effect of any particular content, the decision of the Authority shall be final and binding on all the concerned parties.

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GILGI ACT NO. III OF 2012

GILGIT-BALTISTAN DEVELOPMENT OF
CITIES, 2012

An Act to provide for The development of cities in
the Gilgit-Baltistan

[Gazette of Pakistan, Extraordinary, Part-I, 15^th October, 2012]

Preamble.—WHEREAS it is expedient in the public interest to establish a comprehensive system of planning and development in order to improve the quality of life in the cities of the Gilgit-Baltistan, establish an integrated development approach and a continuing process of planning and development, to ensure optimum utilization of resources, economical and effective utilization of land and to evolve policies and programmes, relating to the improvement at the environment of housing, industrial and trade development, traffic, transportation, health, education, water supply, sewerage, drainage, solid waste disposal and matters connected therewith and incidental thereto:

2. It is hereby enacted as follows:-

CHAPTER-I
PRELIMINARY

1. Short title, extent and commencement.—(1) This Act may be called the Gilgit-Baltistan Development of Cities Act, No. III of 2012.

(2) It shall extend to the whole of the Gilgit-Baltistan.

(3) It applies to the city or cities as the Government may, by notification, specify from time to time.

2. Definitions.—In this Act, unless the context otherwise requires:--

(a) "Agency" means an agency established by the Authority to perform one or more of its functions under this Act;

(b) "Area" means the whole or any part of the city;

(d) "Chairman" means the Chairman of the Authority;

(e) "City" means an area declared by the Government to be a city for the purpose of this Act;

(f) "Controlled area" means an area notified as such by the Authority;

(g) "Deputy Commissioner" means the Deputy Commissioner of the district concerned and includes any other officer appointed by the Authority to exercise all or any of the powers and discharge any of the functions under this Act;

(h) "Government" means the Government of the Gilgit Baltistan;

(i) "Government Agency" includes:--

(j) a division, department, bureau, section, commission, board, office, or unit of the Government;

(k) a "Local Body" means the local body, the local council or the municipal body as established under law for the time being in force having jurisdiction in the area concerned.

(l) a developmental or any other public authority, company or corporation (whether autonomous or semi-autonomous) owned or controlled by Government or a [local Body];

(m) "land" includes earth, mountains, glaciers, water and air, above, below or on the surface and any improvements in the structure customarily regarded as land and benefits arising out of land and things attached to earth or permanently fastened to earth;

(n) "Member" means a member of the Authority and includes its Chairman;

(o) "Person" includes an individual, company, firm, cooperative society or association of individuals whether incorporated or not;

(p) "Prescribed" means prescribed by rules or regulations;

(q) "Rules" means rules made under this Act.

(r) "Scheme" means a planning scheme or a development scheme made under this Act.

(s) "Specified Area” means the areas specified in the schedule as notified by the Government, and such other area as may from time to time be included therein by the Government by notification in the official Gazette.

3. Declaration of any area to be a city and alteration of the limits thereof.—(1) For the purpose of this Act, the Government may, by notification, declare any area to be a city.

(2) The Government may, at any time, extend, curtail or otherwise alter the limits of a city.

4. Application of this Act and establishment of an Authority.—(1) The Government may by notification establish an Authority for the city to which this Act has been applied.

(2) The Authority shall be known by the name as may be specified by the Government.

(3) The Authority shall be a body corporate, having perpetual succession and a common seal with powers, subject to the provisions of this Act, to acquire, hold and transfer property both movable and immovable, and may, by its name sue or be sued.

(4) The Authority shall consist of a Chairman and Members, whose number and qualification shall be ascertained by the Government.

(5) Membership of the Authority may be altered, increased or decreased by the Government.

(6) No act or proceedings of the Authority shall be invalid merely by reason of any vacancy in, or defect in, the constitution of the Authority.

(7) The Government may designate one or more members of the Authority as Vice Chairman.

(8) A Vice Chairman shall perform such functions as may be assigned to him by the Authority.

5. Disqualification of members.—No person shall be, or shall continue to be a member who—

(a) is or, at any time, has been convicted of an offence involving moral turpitude; or

(b) is or, at any time, has been adjudicated insolvent; or

(d) is a minor; or

(e) has a financial interest in any scheme or a conflicting interest, directly or indirectly, between his interests as a member and his private interest, and has failed to disclose such interest in writing to the Government.

6. Meetings.—(1) The Authority shall meet at such place and at such time and shall observe such rules of procedure in regard to transaction of business al its meetings as may be prescribed.

(2) The meetings of the Authority shall be presided over by—

(a) the Chairman;

(b) in the absence of the Chairman, the Vice Chairman;

(c) in ease there are more than one Vice Chairmen, in accordance with such priority as may be determined by the Authority; and

(d) in the absence of the Chairman as well as the Vice Chairman, by a member of the Authority elected for the purpose by the members present, from amongst themselves.

CHAPTER-II
POWERS AND FUNCTIONS OF THE AUTHORITY

7. Powers and functions of Authority.—(1) Subject to the provisions of this Act and any rules framed there under, the Authority may exercise such powers and take such measures as may be necessary for carrying out the purposes of this Act.

(2) Without prejudice to the generality of the provisions of the foregoing sub-section, the Authority may—

(i) initiate and maintain a continuous process of comprehensive development planning for the area with the objective of preparing a development plan;

(ii) periodically update such a development plan and coordinate its implementation by the Authority or Government agencies within the area;

(iii) develop, operate and maintain water supply, sewerage and drainage system within the area;

(iv) prepare Annual Development Programme for the area, ensure compliance of the Annual Development Programme with priorities established in the development plan after its preparation and evaluate performance under the Annual Development Programme at the end of each year;

(v) establish, maintain and periodically revise as necessary, planning controls and building regulations for the area to;

(vi) provide appropriate urban design and protect public safety; and

(vii) ensure compliance with the development plan after its preparation,

(viii) prepare, implement and enforce schemes for environmental, improvements, housing, urban renewal including slums improvement and re-development, solid waste disposal. transportation and traffic, health and education facilities and preservation of objects or places of historical, archaeological, scientific, cultural and recreational importance;

(ix) take any steps or adopt any measures for the face lifting and beautification of the area;

(x) acquire property, both movable and immovable;

(xi) sell, lease, exchange or otherwise dispose of any property vested in it;

(xii) undertake any works and incur any expenditure;

(xiii) procure machinery instruments or any other material required by it;

(xiv) enter into contracts;

(xv) cause studies, surveys, experiments, technical researches or contribute towards the cost of any such studies, surveys, experiments of technical researches made by any other Agency;

(xvi) issue interim development order for the area for which a scheme is under preparation and restrict or regulate by general or special order, any change in the use of land and alteration in building structure and installation;

(xvii) seek and obtain advice and assistance for the preparation of any scheme, or for the execution of any scheme from any Government agency or person and such agency or person shall give the advice and assistance sought by the Authority to the best of its ability, knowledge and judgment and the additional expenditure, if any, involved in giving such advice or assistance shall be borne by the Authority; and

(xviii) establish an agency/agencies and entrust to it such powers and functions as it may deem fit with the approval of the Government.

(3) The Authority may, or if so directed by the Government shall prepare master plan and phased master programmes for the development of any part or whole of the specified area of the District concerned and all such plans and programmes prepared from time to time shall be submitted to the Government for approval. Provided, that the Authority may issue interim development orders for areas for which master plan is being contemplated or is under preparation and restrict or prohibit by general or special order any change in the use of land and alteration in buildings, structures and installation.

8. Delegation.—The Authority may, by general or special orders, delegate to the Director-General or a Committee constituted under Section 10 or a member or an officer of the Authority, any of its powers, duties or functions under this Act, subject to such conditions as it may think fit to impose.

9. Appointment of officers and employees.—The Authority may appoint such officers, advisors, 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.

10. Committees.—The Authority may constitute such financial, technical and advisory committees as may he deemed necessary for carrying out the purposes of this Act and such committees shall exercise such powers and perform such functions as may be delegated or assigned to them by the Authority.

CHAPTER-III
DIRECTOR-GENERAL

11. Appointment and terms of office.—(1) The Director-General shall be appointed by Government on such terms and conditions as may be determined by the Government.

(2) The Director-General shall be the Chief Executive of the Authority and shall:-

(a) be a whole time, or part time officer of the Authority; and

(b) perform such duties as may be assigned to him and exercise such powers as may be delegated to him by the Authority.

CHAPTER-IV
PREPARATION AND EXECUTION OF SCHEMES

12. Preparation of schemes.—(1) The Authority shall, in such form and in such manner as may be prescribed, prepare schemes for the area or any part thereof and execute or have them executed in the prescribed manner.

(2) All such schemes prepared by the Authority shall be submitted to the Government for its approval, except those schemes, the provisional estimated cost of which does not exceed such limit us may be prescribed by rules or for which no loan or grant is required from the Government.

(3) The Authority shall publish the sanctioning of any scheme in the official Gazette.

(4) The publication of a sanction under sub-section (3), shall be conclusive evidence that the scheme has been duly framed and sanctioned.

(5) No planning or development scheme shall be prepared by any person or Local Body or Government agency within the area except with the concurrence of the Authority.

13. Modification of schemes.—Any scheme prepared under this Act, may at any time, be amended, modified or abandoned by the Authority, in such form and in such manner as may be prescribed.

14. Power to give directions.—(1) The Authority may require a Government agency within whose jurisdiction any particular locality or aspect of development covered by a scheme lies:-

(a) to execute a scheme in consultation with the Authority;

(b) to take over and maintain any of the works and services in the area;

(d) to enforce regulations, on behalf of the Authority.

(2) The expenditure incurred on the execution of any scheme or on the taking over or maintenance of any work, or the enforcement of regulations under this section, shall be borne as may be agreed to between the Authority and the Government agency and in the event of disagreement, as may be determined by the Government within a prescribed period.

15. Power to execute any schemes.—(1) Where the Authority is satisfied that any direction given by it under sub-section (1) of Section 14, with regard to any scheme, has not been carried out by the Government agency, the Authority may, itself undertake any works for the execution of that scheme and the cost thereof shall be borne as may be agreed between the Authority and the Government agency and in the event of disagreement, as may be determined by the Government.

(2) Where any work is undertaken by the Authority under sub-section (1), it shall be deemed to have, for the purpose of execution of such work, all the powers which may be exercised under any law for the time being in force, by the Government agency concerned.

CHAPTER-V
GENERAL

16. Directions by Government.—(1) The Authority shall, in discharging its functions, act and be guided, by such directions as Government may give to it from time to time.

(2) Where the Authority ceases to perform a function and another organization controlled by the Government assumes that function, the Government may direct—

(i) that the servants of the Authority connected with that function shall become servants of the said organization on such terms and conditions as the said organization may determine, subject to the condition that the said terms and conditions are not less favourable than those admissible to them as servants of the Authority; and

(ii) that such part of the Fund of the Authority as the Government may determine shall stand transferred to the said organization.

17. Controlled area.—The Authority may issue in respect of a controlled area such directions as it considers fit and appropriate and do all such things as may be necessary for the prevention of haphazard growth, encroachments and unauthorised constructions in such area.

18. Power to act as Local Body.—The Government may, by a notification in the official Gazette, authorise the Authority to exercise and perform such powers and functions as a local body may exercise and perform in relation to its local area or in an area in which schemes are undertaken by the Authority or which is declared as controlled area.

19. Power to remove sources of pollution.—The Authority shall have full powers to undertake improvements of the environment of the area or any part thereof and to check, replace, eliminate, remove, demolish, conserve, resettle or relocate the sources of environmental pollution such as milch cattle, horses or other animals, tongas, vehicular exhaust, industrial waste, solid waste, congestion, blight and slums etc:

Provided that the Authority shall provide alternate accommodation or compensation to be determined in accordance with the provisions in Chapter VI, to any person evicted from the premises owned by him.

20. Beautification.—The Authority shall also undertake beautification of the area or part thereof, in any manner it deems fit, or prepare schemes and prescribe environmental standards to be adopted by the Government agencies or persons or direct any Government agency or person to undertake any improvements or activities for beautification of the area or part thereof.

21. Borrowing money.—(1) The Authority shall be deemed to be a "Local Authority" for the purpose of borrowing money and any scheme or project prepared or undertaken by the Authority, shall be deemed to be "work" as defined in Section 2 of the Local Authorities Loans Act, 1914 (Act No. IX of 1914):

Provided that no local or foreign loan shall be obtained by the Authority without the previous sanction of the Government.

(2) The Authority may, in consultation with the Finance Department, Government of the Gilgit Baltistan, borrow money or raise funds by issuing bonds or debentures or otherwise for currying out the purposes of this Act at such rate of interest as may be approved by the Government.

22. Power to levy betterment fee.—Where any new scheme has been executed by the Authority by providing services or amenities in any locality, the Authority may, with the previous consent of Government, levy upon the owner of the property or any person having an interest therein, a betterment fee on account of the execution of the scheme.

23. Assessment of betterment fee.—(1) When it appears to the Authority that any particular development scheme is sufficiently advanced to enable the amount of the betterment fee to be determined, the Authority may, by an order made in this behalf, declare that for the purpose of determining the betterment fee, the execution of the scheme shall be deemed to have been completed and shall, thereupon give notice in writing to the owner of the property or any person having an interest therein, that the Authority proposes to assess the amount of the betterment fee in respect of the property under Section 22.

(2) The betterment fee under Section 22 or under sub-section (1) of this section, shall be assessed and be payable in the manner prescribed.

CHAPTER-VI
ACQUISITION

24. Liability to acquisition.—Notwithstanding anything to the contrary contained in the Land Acquisition Act, 1894, all land within the area shall be liable to acquisition at any time in accordance with the provisions of this Chapter.

CHAPTER-VII
FINANCE, ACCOUNTS AND AUDIT

25. Authority Fund.—(1) There shall be formed a fund to be known as the "Authority Fund" which shall vest in the Authority and shall be utilized by the Authority in connection with its functions under this Act including the payment of salaries and remunerations to the members, officers, servants, experts and consultants of the Authority.

(2) To the credit of the Authority Fund, shall be credited—

(a) all moneys received from Government;

(b) all moneys received from Federal Government or any international agency or any other body by way of grants, loans, advances or otherwise;

(d) all moneys received by the Authority from the disposal of lands, buildings and other properties movable and immovable;

(e) proceeds from the self financing schemes of urban development and environmental sanitation; and

(f) all other sums receivable by the Authority.

(3) The Authority may keep in current account of any scheduled bunk such sums as may be prescribed and any amount in excess of the said amount shall be invested in Government securities, Government sponsored saving schemes or in such manner as may be determined by the Government.

Explanation.—For the purpose of this sub-section Government, includes Federal Government.

26. Rates and fees.—(1) With the previous consent of the Government, adequate funds may be raised by the Authority from time to time, to meet the cost of its schemes by imposing rates, fees and other charges.

(2) The rates, fees and other charges for water supply, sewerage and drainage schemes shall be such as to provide sufficient revenues—

(a) to cover the operating expenses including taxes, if any, and interest to provide adequate maintenance;

(b) to cover repayment of loans; and

(c) to finance the normal year to year extension of any of such schemes and to provide a reasonable portion of the cost of future major expansion of such schemes.

27. Accounts.—The Authority and its agencies shall maintain proper accounts and other relevant records and prepare annual statement of accounts in such form as may be prescribed.

28. Budget.—(1) The Authority shall, at such time as may be prescribed, prepare an annual budget statement for the next financial year, showing the estimated receipts and expenditures of the Authority and its agencies and shall submit the same to the Government for approval.

(2) The Authority shall obtain specific sanction of the Government in respect of each individual scheme to be financed out of the Authority's Fund.

29. Audit.—The accounts of the Authority and each of its agencies shall be audited annually by such duly qualified Auditors or Government Audit Agencies or both as may be appointed by the Authority and each agency respectively, with the approval of Government. The Authority shall also make necessary arrangements for pre-audit or concurrent audit of account.

CHAPTER-VIII
PENALTY AND PROCEDURE

30. Penalty and procedure.—Whoever contravenes any provision of this Act, or any rules or regulations made there under shall, if no other penalty is provided for such contravention, be punishable with simple imprisonment for a term which may extend to one month or with fine or with both.

31. Causing damage to property and disobedience of orders.—(1) Whoever willfully causes damage, or allows damage to be caused to any property which vests in the Authority or unlawfully converts it to his own or any other person's use, shall be punishable with imprisonment for a term which may extend to six months, or with fine or with both.

(2) Whoever refuses or willfully neglects to provide any officer or servant of the Authority with the means necessary for entering into any premises for the purpose of collecting any information or making an examination or enquiry in relation to any water works, shall be punishable with imprisonment extending to one year or fine or with both.

(3) Whoever without lawful excuse, fails or refuses to comply with any direction or order issued by the Authority under this Act, shall be guilty of an offence punishable under Section 30.

(4) Whoever attempts to commit or abets the commission of an offence punishable under this Act, shall be deemed to have committed that offence.

(5) Any magistrate empowered for the time being to try in a summary way the offence specified in sub-section (1) of Section 260 of the Code of Criminal Procedure, 1898, may if such magistrate thinks fit, on application being made in this behalf by the prosecution, try an offence punishable under this Act, in accordance with the provisions contained in Sections 202 to 265 of the said Code.

32. Cognizance of offence by Courts.—No Court shall take cognizance of any offence punishable under this Act, except on a complaint in writing made by an officer authorized for the purpose, by the Authority.

CHAPTER-IX
MISCELLANEOUS

33. Annual report.—(1) The Authority shall prepare for every year a report of its activities during that year and submit the report to the Government in such form and on or before such date, as may be prescribed.

(2) The report referred to in sub-section (1) shall be laid before the Gilgit Baltistan Legislative Assembly within six months of its receipt by the Government.

34. Recovery of dues.—Any sum due to the Authority from, or any sum wrongly paid by the Authority to, any person under this Act, shall be recoverable as arrears of land revenue.

35. Conversion of property to a different use.—Any conversion of property to a different use or purpose than the one provided under a scheme, by a person or agency without the previous approval of the Authority in writing, shall be punishable with a fine which may extend to rupees one thousand per day from the date of its conversion till default continues or with imprisonment for a term which may extend to six months or with both.

36. Summary ejectment of unauthorised occupants.—The Authority or any person authorised by it in this behalf may, after giving fifteen days notice, summarily eject any person in unauthorised occupation of any land or property vested in the Authority and may for such ejectment use such force as may be necessary.

37. Removal of building etc. erected or used in contravention of this Act.—(1) If any building, structure, work or land is erected, constructed or used in contravention of the provisions of this Act or any rules, regulations or orders made there under, the Authority or any person authorised by it in this behalf, may, by order in writing, require the owner, occupier, user or person in control of such building, structure, work or land to remove, demolish or alter the building, structure or work or to use it in such manner so as to bring such erection, construction or use in accordance with the said provisions of this Act.

(2) If an order under sub-section (1), in respect of any building, structure, work or land is not complied with within such time, as may be specified therein, the Authority or any person authorised by it in this behalf may, after giving the person affected by the order an opportunity of being heard, remove, demolish or alter the building, structure or work, or stop the use of the land and in so doing, may use such force as may be necessary and may also recover the cost thereof from the person responsible for the erection, construction or use of the building, structure, work or land in contravention of the provisions us aforesaid.

38. Members, officers and employees to be public servants.—The Chairman, Vice Chairmen, members, Director-General, officers, servants, experts and consultants of the Authority when acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be public servants within the meaning of Section 21 of the Pakistan Penal Code.

39. Immunity of the Authority and its employees.—No suit, prosecution or any other legal proceedings shall lie against the Authority, the Chairman, Vice Chairmen, Director-General, any member, officer, servant, expert or consultant of the Authority in respect of anything done or intended to be done in good faith under this Act.

40. Jurisdiction of Courts barred.—Save as otherwise provided by this Act, no Court or other Authority, shall have jurisdiction to question the legality of anything done or any action taken under this Act by or at the instance of the Authority.

41. Power to make rules.—Subject to the provisions of this Act, Government may make rules for carrying into effect the purposes of this Act.

42. Power to make regulations.—Subject to the provisions of this Act and the rules framed there under, the Authority may make regulations as may be necessary to carry out the purposes of this Act.

43. This Act to prevail over other laws.—Subject to the Gilgit Baltistan Empowerment and Self Governance Order, 2009, in the event of any conflict or inconsistency between the provisions of this Act and the provisions of any other law for the time being in force, the provisions of this Act shall, to the extent of such conflict or in consistency, prevail.

--------------------------

GILGIT ACT NO. I OF 2012

GILGIT-BALTISTAN SPORTS BOARD ACT, 2012

An Act to develop, regulate and control sports in Gilgit-Baltistan

[Gazette of Pakistan, Extraordinary, Part-I, 6^th June, 2012]

WHEREAS, it is expedient to establishment of a Sports Board in Gilgit-Baltistan for promotion of Sports activities in the province.

It is, hereby enacted as follow:-

1. Short title, extent and commencement.--(1) This Act shall be called the Gilgit-Baltistan Sports Board Act, 2012 (Act No. I of 2012).

(2) It extends to the whole of Gilgit-Baltistan.

(3) It shall come into force at once.

CHAPTER-I

2. Definitions.—In this Act, unless there is anything repugnant in the subject or context:-

(a) "Board" means the Gilgit-Baltistan Sports Board established under Section 3 of this Act.

(b) "Association" means an association of any sports or game formed under Section 10 of this Act.

(d) "Chairman" means the Chairman of the Board.

(e) "District Committee" means the District Committee of the Board.

(f) "Divisional Committee" means the Divisional Committee of the Board.

(g) "Executive Committee" means the Executive Committee of the Board.

(h) "Funds" means the fund of the Gilgit-Baltistan Sports Beard.

(i) “Government" means the Government of Gilgit-Baltistan.

(j) "Meeting" means meeting of the Board.

(k) "Member" means the member of the Board.

(l) "Regulation" means the regulation made by the Board under this Act.

(m) "Rules" means the rules made under this Act.

(n) "Secretary" means the Secretary of the Board.

(o) "Prescribed" means prescribed by rules made under this Act.

(p) “Sports" shall include, Hockey, Football, Athletics, Wrestling, Cricket, Weightlifting, Squash, Swimming, Martial Arts, Rowing, Boxing, Cycling, Basketball, Netball, Baseball, Golf, Volleyball, Shooting Ball, Rifle Shooting, Table Tennis, Badminton, Lawn Tennis, Rafting, Hiking, Paragliding, Polo, Kabaddi, Rugby, Body Building, Skiing Mountaineering, Billiard, Snooker, Futsal, Fist Ball, Tug of War and other local games which the Government may be notification in the official gazette, specify.

CHAPTER-II
THE BOARD

3. Board.—(1) There shall be a board to be known as the Gilgit-Baltistan Sports Board.

(2) The Board shall be a body corporate having perpetual succession and a common seal with powers, subject to the provision of this Act, to acquire and hold property both moveable and immoveable, and may by the said name sue and be sued. The tenure of the Board shall be two years after expiry of the tenure the Governor shall re-constitute the Board.

(3) The headquarters of the Board shall be at Gilgit or such other place as Government may fix by notification.

4. Composition of the Board.—(1) The Governor Gilgit-Baltistan shall be Chief Patron of the Board. The Board shall consist of the following:-

(a) Minister for Sports Gilgit-Baltistan Chairman

(b) Chief Secretary Gilgit-Baltistan Vice Chairman

(d) Secretary Finance Gilgit-Baltistan Member

(e) Secretary Local Government
Gilgit-Baltistan Member

(f) Secretary Planning and Development
Gilgit-Baltistan Member

(g) Secretary Education Gilgit-Baltistan Member

(h) Three elected Public representatives
of (GBLA) to be nominated by
Chief Minister Member

(i) Three Seniors representatives of
Sports Associations to be nominated
by the Secretary Sports Gilgit-Baltistan
in consultation with the Chairman. Member

(j) Two representatives of Women Sports
Associations to be nominated by the
Secretary Sports Member

(k) Director General Gilgit-Baltistan
Sports Board Secretary

(l) Two leading Sportsmen to be nominated
by the Secretary Sports Gilgit-Baltistan Member

(m) Two Philanthropists to be nominated
by the Secretary Sports Gilgit-Baltistan
in consultation with the Chairman Member

(2) An official member appointed by virtue of his office shall cease to be member on vacating such office.

(3) A non-official member shall, unless he resigns by addressing a letter to Chairman of the Board or is removed earlier, hold office for a period of two years and shall be eligible for re-appointment for a term not exceeding one year.

(4) If the seat of a non-official member becomes vacant during the term of his office, the vacancy may be filled in accordance with the provisions of sub-section (1), and the member so appointed shall hold office for the residue of such term.

5. Removal of a Member of the Board.—The committee may, by order in writing, remove a non-official member, if he:-

(a) Refuses or fails to discharge or becomes incapable of discharging his duties under this Act.

(b) Has in the opinion of the board abused his position as member.

(d) Has been convicted of an offence involving moral turpitude.

6. Functions of the Board.—The following shall be the functions of the Board namely:-

(i) To organize, promote and develop sports and physical education in Gilgit-Baltistan, and lay down the general policy thereof.

(ii) To foster love and enthusiasm for sports and games among all Sections of the public.

(iii) To promote the formation and efficient functioning of the associations.

(iv) To co-ordinate, encourage and patronize the activities directed towards the sports and games in the Gilgit-Baltistan.

(v) To register sports associations, other sports organizations, Gilgit-Baltistan Olympic association and hold their elections.

(vi) To receive any moneys, financial grants, donations or subscriptions from any person, body or organization.

(vii) To give grants in aid to the associations for promotion and development of Sports and games.

(viii) To ensure that grants given are utilized for the purpose and accordance with the object for which they are given.

(ix) To do generally all-such acts and things as it may think to be necessary and conducive to achieve its aims and objects.

(x) To arrange training and coaching programs.

(xi) To approve annual budget for Gilgit-Baltistan Sports Board.

(xii) To promote formation and efficient functioning of the association/Gilgit-Baltistan Olympic Association.

(xiii) To ensure control establishment and maintenance of sports complex/stadia, gymnasiums at provincial and district headquarters of Gilgit-Baltistan.

(xiv) To exercise overall administrative and functional control on all sports complex, stadia and play fields in Gilgit-Baltistan and to ensure their proper maintenance and utilization.

(xv) To organize annual youth programs, sports competitions of various age groups in different games.

(xvi) To do all such acts and take such steps as the Board considers necessary to fulfill its intended aims and objectives,

7. Powers of the Board.—Subject to other provisions of this Act, the Board shall have full powers:-

(1) To acquire and dispose of property and generally to enter into contracts, inconformity with the provisions of this Act.

(2) To appoint and determine the terms and conditions of service of the officers and servants of the Board.

(3) To formulate the budget of the Board for approval of Government.

(4) To set up an Executive, Division, District or other committees for carrying out the purposes of this Act.

(5) to delegate powers to the Committees, Secretary or other officers and servants of the Board.

(6) To associate any person interested in any sport or game, or any member of any association whose assistance or advice is desired and to prescribe by regulations terms and conditions thereof; and

(7) To frame, subject to the approval of Government, regulations for carrying out the purposes of this Act.

8. The Board shall have full Powers.—To register/formation of sports associations/other sports organizations and Gilgit-Baltistan Olympic Association on such terms and conditions as may be prescribed under rules and regulations:-

(i) To take such disciplinary action as may be necessary against any sports association in Gilgit-Baltistan, its office bearers or members or clubs/sportsmen in the interest of the sports and in order to maintain discipline.

(ii) To withhold grant to such association/organization that violates any provision of its constitution, rules or bye-laws, or fails to carry out the directives of the Board.

9. Executive Authority of the Board.--There shall be an executive authority of the Board constituted through official notification comprising of the following:-

CHAPTER-III
THE COMMITTEES AND ASSOCIATIONS

10. The Executive Committee shall consist of the Chairman, Vice-Chairman, Secretary Sports Gilgit-Baltistan, Secretary Finance, Secretary Education, Secretary P & D, Director Sports Board / Secretary of the Board, one elected-representative of GBLA to be nominated by Chief Minister Gilgit-Battistan. Two representatives of sports associations to be nominated by the Secretary Sports Gilgit-Baltistan, one representative of women sports associations to be nominated by Secretary Sports Gilgit-Baltistan, in consultation with the Chairman.

11. Divisional Sports Committee.—There shall be Divisional Sports Committees which shall consist of the following:-

(a) Commissioner of the Division Member

(b) DIG Police of the Division Member

(d) Director Education Member

(e) A woman member shall be nominated
by the Chairman Member

(f) One non-official member nominated
by the Chairman from each District
of the Division. Member

(g) One representative of each five
Sports Organization of the Division
to be appointed by the Chairman for
a period of two years. Member

(h) Two Principals of the Colleges
one man and one female until the
creation of the post Divisional Sports
Officer the Director LG & RD of the
Division shall act as Secretary of
the Division. Member

12. Powers and Functions.—The Committee shall have the powers to:--

(i) Register the division sports organizations subject to such terms and conditions as may be prescribed.

(ii) To make grants-in-aid to such sports organizations as are registered with the Divisional Committee and the District Committees in the Division.

(iii) Take such disciplinary action as may be necessary against any sports organization of the division, its office bearers, or members as it deems fit in the interest of the games and in order to maintain discipline.

(iv) Collect sports share in the income of the Local Councils in accordance with policy instructions of the Government.

(v) See and ensure that the funds of the Division Sports Committee and its sub-ordinate organizations at district level are utilized exclusively for organization and promotion of sports and for no other purposes.

13. The fund of Divisional Sport Committee shall include:-

(a) Annual grants-in-aid from the Board.

(b) Special grant-in-aid from the Board.

(d) Income from tournaments, matches, camps, stadia and other properties.

14. The Chairman, Divisional Sport Committee shall have the power to incur expenditure on sports in the Division in line with the policy and objectives laid down by the Board subject to such limits as may be prescribed.

15. The accounts of the Division Sports Committee shall be got audited in such a manner as may be prescribed.

16. A meeting of the Divisional Committee shall be held not less than once in six months. The Chairman shall, however, be competent to call additional meetings of the Committee.

17. For the meeting of the Committee, at least 1/3rd of the total membership shall form the quorum.

18. District Sports Committees.—There shall be District a District Sports Committee consisting of:-

(a) Deputy Commissioner of the District Chairman

(b) Four/five elected Members of Local
Council to be nominated by the Chairman
for a period of 2 years. Member

(d) Assistant Director, of Local Government Member

(e) District Education Officer (Male) Member

(f) District Education Officer (Female) Member

(g) Five non-official members to be
nominated by the Deputy Commissioner
with at least one from each Tehsil Member

(h) Three representatives of District Sports
Associations to be appointed in rotation
for a period of two years. Member

(i) Two philanthropists/industrialists to
be nominated by the Chairman for a
period of two years Member

(j) Three female members to represent
women sports to be nominated by the
Chairman for a period of two years Member

(k) One Principal Member

(l) One Headmaster Member

(m) District Sports Organizers Ex-officio Secretary

19. Powers and Functions.—The Committee shall have the powers to:-

(i) Register District Sports Organizations and Clubs on such terms and condition as may be prescribed.

(ii) Make grants-in-aid to such sports organizations as are registered with the District Committees.

(iii) Take such disciplinary action as may be necessary against any District Organization and club in the District, its office bearers, or individuals interest of the game and in order to maintain discipline.

(iv) The grants sanctioned by the Chairman and expenditure incurred by him to be placed before the District Committee in its next meeting for approval.

20. (i) The accounts of the district Committee shall be audited in such manner as may be prescribed.

(ii) The Chairman shall have the powers to sanction funds and incur expenditure for organization and promotion of sports in the district subject to such as may be prescribed.

(iii) Collect share in the income of the Local Councils in accordance with instructions of the Government.

(iv) The fund of District Sports Committee shall include:-

(a) Annual grant-in-aid from the Board.

(b) Special grants-in-aid from the Board.

(d) Income from tournaments, matches, camps, stadia, local councils and properties.

21. The Committee shall meet at least once in six months. For a meeting, 1/3rd of the membership of the Committee shall form the quorum. The Chairman may, however, call additional meetings of the District committee as he may deem it necessary.

22. Registration.--The Provincial Sports Association shall be registered with the Sports Board Gilgit-Baltistan subject to such terms and conditions as may be prescribed under rules and regulations:

Provided that any other sports organization in the Province may be registered with the Board subject to such conditions as the Board Rules and Regulations may prescribe.

23. The Divisional Sports Organizations shall be registered with the Divisional Sports Committees subject to such terms and conditions as may be prescribed under Rules and Regulations.

24. The District Sport Organizations and clubs shall be registered with the District Sports Committee subject to such terms and conditions as may be prescribed through Rules and Regulations.

25. Penalties.—Wherever a Provincial Sports Association, Divisional, District, Sports Organization or a club is found to violate its constitution, Rules/Bye-Laws, the Board, Divisional, District, Committee, as the case may be, shall be competent to cancel the registration shall be made without giving the Association, Organization, Club, an opportunity of being heard:

Provided further that an appeal against an order of cancellation under this clause shall lie with the Board.

26. Funds, Accounts and Audit.—(1) There shall be a fund known as the Sports Board Gilgit-Baltistan Fund.

(2) The fund shall consist of:-

(a) The grants made by Government.

(b) Donations made by any person, institution or organization.

(3) The Board shall utilize the funds provided by the Government as grants-in-aid for the promotion and development of sports and games in the Province.

(4) The funds of the Board shall be maintained in such manner as prescribed by the Government in this behalf.

(5) The fund shall be utilized for encouragement and furtherance of games, sports and any other purpose incidental or ancillary to the purposes of this constitution.

27. The accounts of the Board shall be audited once in every financial year by the Accountant General Gilgit-Baltistan or his nominee.

28. The audit report shall be submitted to the Board and with the comments of the Board to Government, and the Board shall comply with any directions issued by the Government for rectification of an audit objection.

29. (1) The Secretary of the Board shall prepare the annual budget for the utilization of the funds to be approved by the Board in its meeting.

(2) The Board shall have full powers to incur expenditure.

(3) The executive committee shall have full powers to incur expenditure within the approved budget.

(4) The Chairman of the Board shall have such powers to sanction and incur expenditure as the Board may delegate with the prior approval of the Government.

(5) The sanction of various grants-in-aid accorded by the Chairman shall be placed before the Board in its next meeting for approval.

(6) The Secretary of the Board shall have full powers to incur expenditure on the items approved in the budget of the board.

30. The accounts of the Board shall be operated by the Secretary of the Board.

31. General Provision.--Government may give such directions to the Board or require it to furnish such documents, returns, statements or any other information regarding any matter under the control of the Board, and the Board shall comply with such direction or requisition.

32. The Chairmen and the Secretaries of the Board, Divisional and District Committees shall exercise such powers and perform such functions as may be prescribed through Rules and Regulations.

33. The Board may, subject to the approval of the Government, frame Rules and Regulations not inconsistent with the provision of this constitution to manage and run the affairs of the Board.

----------------------------

GILGIT ACT NO. II OF 2012

AUDITOR-GENERAL OF GILGIT-BALTISTAN (FUNCTIONS, POWERS AND TERMS AND CONDITIONS OF SERVICE) ACT, 2012

An Act to determine the terms and conditions of service of the Auditor-General of Gilgit-Baltistan

[Gazette of Pakistan, Extraordinary, Part-I, 6^th June, 2012]

WHEREAS it is expedient to determine the terms and conditions of service, the term of office, powers and functions of the Auditor-General of Gilgit-Baltistan and for matters ancillary thereto;

It is hereby enacted as follows:-

1. Short title, extent and commencement.—(1) This Act may be called the Auditor-General of Gilgit-Baltistan (Functions, Powers and Terms and Conditions of Service) Act, 2012.

(2) It extends to the whole of Gilgit-Baltistan.

(3) It shall come into force at once.

2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—

(a) "accounts" in relation to commercial undertaking of Government or the Council includes trading, manufacturing and profit and loss accounts and balance sheets and other subsidiary accounts;

(b) "Auditor-General" means the Auditor-General of Gilgit-Baltistan appointed in terms of Article 83 of the Order;

(d) "Controller General of Accounts" means the Controller General of Gilgit-Baltistan appointed under the Gilgit-Baltistan Controller General of Accounts (Appointment, Functions and Powers) Act, 2012;

(e) "Council" means the Gilgit-Baltistan Council;

(f) "district" means a district of the Gilgit-Baltistan;

(g) "Order" means the Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009;

(h) "Government" means the Government of Gilgit-Baltistan;

(i) "Regulations" means regulations made under this Act;

(j) "Rules" means rules made under this Act.

3. Salary.—The Auditor-General shall be entitled to the salary payable to an officer in Basic Pay Scale 22:

Provide that, if the person who is appointed as Auditor-General is the Auditor-General of Pakistan, he shall not be paid any salary.

4. Term of Office.—The Auditor-General shall, unless he sooner resigns or is removed from office in accordance with the Order, hold office for a fixed term of five years from the date on which he assumes such office or he attains the age of sixty-five years whichever is earlier:

Provided that, if the person who is appointed as Auditor-General is the Auditor-General of Pakistan, he shall continue as Auditor-General for so long as he holds the office of Auditor-General of Pakistan.

5. Other conditions of service.—The terms and conditions of the Auditor-General, including leave, travelling allowance, daily allowance and pension shall be the same as are admissible to an officer in Basic Pay Scale 22:

Provided that a person who is in the service of Pakistan shall, on his appointment as Auditor-General, continue to be governed by the same terms and conditions in respect of leave, travelling allowance, daily allowance and pension to which he was entitled before such appointment.

6. Resignation.—The Auditor-General may, at any time, by writing under his hand addressed to the Chairman of Council resign his office.

7. Leave.—(1) the Auditor-General may be granted leave on such terms and conditions as the Chairman of Council may, by order published in the official Gazette, prescribe.

(2) The power to grant or refuse leave to the Auditor-General, and to revoke, or curtail leave granted to him shall vest in the Chairman of Council.

8. Auditor-General to certify accounts.—The Auditor-General shall, on the basis of such audit as he may consider appropriate and necessary, certify the accounts, compiled and prepared by the Controller General of Accounts or any other person authorized in that behalf, for each financial year, showing under the respective heads the annual receipts and disbursements for the purpose of the Council and of each district of Gilgit-Baltistan, and shall submit the certified accounts with such notes, comments or recommendations as he may consider necessary to the Chairman or the designated district authority, as the case may be.

9. Provisions relating to audit.—The Auditor-General shall—

(a) audit all expenditure from the Consolidated Fund of the Council and of the Government and to ascertain whether the moneys shown in the accounts as having been disbursed were legally available for, and applicable to, the service or purpose to which they have been applied or charged and whether the expenditure conforms to the authority which governs it;

(b) audit all transactions of the Council and of the Government relating to Public Accounts;

(c) audit all trading, manufacturing, profit and loss accounts and balance sheets and other subsidiary accounts kept by Order of the Chairman or the Government Department and;

(d) audit, subject to the provisions of this Act, the accounts of any authority or body established by the Council or the Government, and in each case to report on the expenditure, transactions or accounts so audited by him.

10. Audit of receipts and expenditure of holders of authorities substantially financed by loans and grants.—(1) Where anybody or authority is substantially financed by loans or grants from Consolidated Fund of the Council or of the Government or of any district, the Auditor-General shall, subject to the provisions of any law for the time being in force applicable to the body or authority, as the case may be, audit the accounts of that body or authority.

Explanation.--Where the loans or grants to a body or authority from the Consolidated Fund of the Council or of the Government or of any district in a financial year is not less than five million rupees and the amount of such grant or loan is not less than fifty percent of the total expenditure of that body or authority, such body or authority shall be, deemed, for the purpose of this section, to be substantially financed by such loans or grants as the case may be.

11. Auditor-General to give information and undertake studies, etc.—The Auditor-General shall, insofar as the accounts enable him so to do, give to the Council or the Government, as the case may be, such information and to undertake such studies and analysis as it may, from time to time, require.

12. Functions of Auditor-General in the case of grants or loans given to other authorities or bodies.—(1) Where any grant or loan is given for any specific purpose from the Consolidated Fund of the Council or of the Government or of any district to any authority or body, not being a foreign state or international organization, the Auditor-General may scrutinize the accounts by which the sanctioning authority satisfies itself as to fulfillment of the conditions subject to which such grants or loans were given and for this purpose have the right of access, after giving reasonable previous notice, to the books and accounts of that authority or body:

Provided that the Chairman, or the authority of a district, as the case may be, is of the opinion that it is not necessary to do so in the public interest.

(2) While exercising the powers conferred on him by sub-section (1), the Auditor-General shall not have right of access to the books and accounts of any authority or body if the law, by or under which such authority or body has been established, provides for the audit or the accounts of such authority or body by an agency other than the Auditor-General.

13. Audit of receipts of the Council or the Government or of district.—The Auditor-General shall audit all receipts which are payable into the Consolidated Fund or Public Account of the Council, of the Government and of each district and of satisfy himself that all such receipts are payable into the Consolidated Fund, Public Account or any district account have been properly and correctly deposited and rules and procedures relating to which receipts are being fully observed and the systems are in place to ensure proper assessment and collection of Government receipts.

14. Audit on accounts of stores and stock.—The Auditor-General shall have authority to audit and reports on the accounts of stores and stock kept in any office or department of the Council or of the Government or of a district.

15. Powers of Auditor-General in connection with audit of accounts.—(1) The Auditor-General shall, in connection with the performance of his duties under this Act, have authority to,—

(a) inspect any office of accounts, under the control of the Council or of the Government or of a district, including treasuries, and such offices responsible for the keeping of initial or subsidiary accounts;

(b) require that any accounts, books, papers, and other documents which deal with, or form the basis of or otherwise relevant to the transactions to which his duties in respect of audit extend, shall be sent to such place as he may direct for his inspection; and

(c) enquire or make such observations as he may consider necessary and to call for such information as he may require for the purpose of the audit.

(2) The officer-in-charge of any office or department shall afford all facilities and provide record for audit inspection and comply with requests for information in a complete form as possible and with all reasonable expedition.

(3) Any person or authority hindering the auditorial functions of the Auditor-General regarding inspection of accounts shall be subject to disciplinary action under relevant efficiency and discipline rules, applicable to such person.

16. Audit of companies and corporations established in the public sector.—(1) The Auditor-General shall perform functions and exercise powers in relation to the audit including supplementary audit of the accounts of the public sector companies in accordance with the provisions of the Companies Ordinance, 1984 (XLVII of 1984).

(2) The duties and powers of the Auditor-General in relation to the audit of the accounts of corporations (not being companies) established by, or under, law shall be performed and exercised by him in accordance with the provisions of the respective laws.

(3) The Chairman, or the district authority may, where he is of opinion that it is necessary in the public interest so to do, request the Auditor-General to audit the accounts of a corporation established under any law and where such request has been made, the Auditor-General shall audit the accounts of such corporation and shall have, for the purposes of such audit, right of access to the books and accounts of such corporation.

17. Audit of accounts of certain authorities or bodies.—Save as otherwise provided, in Section 12 where the audit of the accounts of any body or authority has not been entrusted to the Auditor-General by or under any law, shall, if requested so to do by the Chairman, undertake the audit of the Accounts of such body or authority and shall have, for the purposes of such audit, right of access to the books and accounts of that body or authority.

18. Power to dispense with detailed audit.—The Auditor-General may dispense with, when circumstances so warrant, any part of detailed audit or any accounts or of transactions and to apply such limited check in relation to such accounts or transactions as he may determine.

19. Delegation of powers.—Any power exercisable by the Auditor-General under the provision of this Act, or any other law may be exercised by such officer of his department as may be authorized by him in this behalf by a special order.

20. Certain offices to work under the control of Auditor-General.—(1) The Auditor-General shall have such offices at the Council and the Government as may be notified for this purpose in the Council and the Government.

(2) Until such time the offices of the Auditor-General specified in sub-section (1) are notified the following audit organizations will be created and shall work under the Auditor-General, namely:-

(a) Director General Audit (Expenditure) Gilgit-Baltistan and its Sub-Offices.

(i) Director Commercial Audit Gilgit-Baltistan; and

(ii) Director Audit (Revenue Receipts) Gilgit-Baltistan; and

(b) Any other office required to be created for audit purposes.

(3) The Auditor-General, with the consent of the Council, shall be the Administrative Head of all the offices subordinate to him with full authority for transfer and posting within the organization.

21. Budgetary provisions.—The Auditor-General shall have the full power to incur expenditure within the budgetary provisions.

22. Power to make rules.—The Council may, by notification in the official Gazette, make rules for carrying out the purpose of this Act.

23. Power to make regulations.—The Auditor-General may, with the consent of the Council, by notification in the official Gazette, make such regulations, not inconsistent with the provisions of this Act and the rules made there under as he may consider necessary or expedient for carrying out the purpose of this act.

Passed by the Gilgit-Baltistan Council on the 21st March, 2012.

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GILGIT ACT NO. II OF 2012

GILGIT-BALTISTAN EMERGENCY SERVICE
ACT, 2012

An Act for the establishment of the Gilgit-Baltistan Emergency Service to deal with emergencies

[Gazette of Pakistan, Extraordinary, Part-I, 6^th June, 2012]

Preamble.—WHEREAS it is expedient to establish an Emergency Service for the purpose of maintaining a state of preparedness to deal with emergencies, to provide timely response, rescue and emergency medical treatment to the persons affected by emergencies and recommending measures to be taken by related organizations to avoid emergencies;

It is, hereby enacted as follow:--

1. Short title, extent and commencement.—(1) This Act shall be called the Gilgit-Baltistan Emergency Service Act, 2012 (Act No. II of 2012)

(2) It extends to the whole of the Gilgit-Baltistan.

(3) It shall come into force at once.

2. Definitions.—In this Act unless there is anything repugnant to the subject or context—

(a) "Board" means the District Emergency Board constituted under Section 8;

(b) "Council" means the Gilgit-Baltistan Emergency Council established under Section 6;

(d) "Director General" means the person appointed under Section 9;

(e) "District" means a District as notified by the Government;

(f) "District Emergency Officer" means the Emergency Officer-in-charge of the service in a District;

(g) "Emergency" means a serious and potentially dangerous situation requiring immediate action such as an accident, hazardous material incident, fire, explosion, natural or man made disaster;

(h) "Emergency area" means the area affected by an emergency;

(i) "Emergency Officer" means an officer appointed under Section 12;

(j) "Government" means the Government of the Gilgit-Baltistan;

(k) "Non-Governmental Organization" includes any private agency of body working voluntarily for the welfare of the persons affected by an emergency;

(l) "Premises" includes land, place, building, vehicle, vessel or aircraft or any part of premises;

(m) "Rescuer" means a member of the service appointed under Section 13;

(n) "Rescue Station" means a place where an office of the service is established;

(o) "Service" means the Gilgit-Baltistan Emergency Service or the rescue established under Section 4; and

(p) "Volunteer" means a person who is registered as such by the service or engaged by a rescuer in emergency area to assist the service in the exercise of its functions under this Act.

3. Act not in derogation of other laws.—This Act is not in derogation of any other law applicable in the Province and does not absolve any other person from his responsibility to take necessary measures to protect and save the lives and properties of a person in an emergency.

4. Establishment of the Service.—(1) The powers and functions of the service shall be to—

a. Maintain a state of preparedness to deal with emergencies;

b. Provide timely response, rescue and emergency medical treatment to the victims of an emergency including medical and surgical emergencies;

c. Establish a system for rapid communication, exchange of information and quick response to combat or deal with an emergency;

d. Arrange for a universal toll free emergency dial-in-number as authority to be used throughout Gilgit-Baltistan;

e. Play a lead role and co-ordinate the working of other organizations or agencies which have lawful authority to respond to an emergency;

f. Arrange transport where necessary for carrying persons requiring emergency medical treatment from the emergency area to the nearest hospital or health care unit having arrangements for emergency medical care and treatment;

g. Establish community emergency response teams through enlistment, training, co-ordination and supervision of volunteers to assist the service in safety promotion and management of emergencies;

h. Impart training and grant certificates to rescuers, volunteers and other private persons for due performance of emergency management duties;

i. Establish direct contact with local and international organizations and training institutions to maintain the service according to international standards;

j. Collect, compile, maintain and analyze emergency response data and statistics relating to emergencies and to use it for research and prevention of such emergencies;

k. Implement the regulations framed by the Council for dealing with emergencies in accordance with the provisions of this Act;

l. Suggest measures for the prevention or mitigation of hazards endangering public safety on roads, public parks and other public places particularly exhibitions, trade shows, amusement parks, and fairs with regard to public safety provisions;

m. Encourage, facilitate, and train staff of non-Governmental organizations and educational institutions for emergency management;

n. Register and ensure minimum standards and code of conduct to be followed by rescue vehicles, ambulances and patient transportation services;

o. Co-ordinate and maintain an effective liaison with all other organizations managing emergencies;

p. Perform such other functions as may be assigned to it by the council to achieve the purposes of this Act; and

q. Perform functions that are ancillary or incidental to any of the above functions.

(2) The service shall have the authority to accept donations in the shape of cash, land, vehicles, equipment and other such items which may facilitate the functioning of the service and all such donations shall be used, maintained and disposed of by the service in the manner prescribed in the rules or regulations.

(3) The service may, with the approval of the council, establish such local or district offices as may be considered necessary for effective and efficient working of the service.

6. Gilgit-Baltistan Emergency Council.—(1) There shall be constituted a Council to be known as the Gilgit-Baltistan Emergency Council comprising of the following:--

(a) Chief Minister of the Gilgit-Baltistan; Chairman

(b) Four Members of the Provincial
Assembly which shall include one
female and one opposition member
to be nominated by the Speaker; Member

(d) Secretary, Health Department; Member

(e) Secretary, Home Department; Member

(f) Secretary, Local Government; Member

(g) Secretary, Transport Department; Member

(h) Inspector General of Police; Member

(i) Provincial Environmental Protection
Agency; Member

(j) Director General Gilgit-Baltistan
Disaster Management Authority; Member

(k) Director General of the Service; and Member

(l) Two representatives, one each
from the Government hospitals and
non-Governmental Organizations, to
be nominated by the Government, for
a period of three years. Member

(2) The quorum for the meetings of the Council shall be seven.

(3) The Director General shall be the ex-officio secretary of the Council.

(4) The Council shall meet at least once in three months.

(5) The Council may co-opt or invite any person depending on the requirement of its meeting.

7. Functions of the Council.—(1) The functions of the Council shall be to—

a. Lay down the policy and issue directions for efficient, effective and expeditious actions in dealing with emergencies;

b. Oversee the working of the Service and the training institutions established or controlled by the Service;

c. Issue regulations to prescribe the minimum standards for the officers and staff to maintain efficiency and effectiveness of the Service;

d. Review and analyze statistics relating to all emergency incidents, accidents and disasters and the actions which have been taken by the Service;

e. Approve the annual budget of the Service;

f. Make recommendations to the Government for the prevention and mitigation of hazards endangering public safety; and

g. Determine the number of rescue stations in different areas and the staff and equipment to be provided to the Service for achieving the objectives of adequate standards of emergency care.

(2) The Council may delegate any of its functions to anybody or authority of the Service.

8. District Emergency Board. (1) The Council may constitute a District Emergency Board for a district for the prevention and effective management of emergency in the district.

(2) The Board shall have such powers and shall perform such functions as may be assigned to it by the Council.

9. Director General.--(1) The Government shall appoint a director General who shall be the Chief Executive Officer of the Service and shall exercise such powers and perform such functions as may be specified by the Council.

(2) The Director General shall be a person who—

(a) is a postgraduate in emergency management or an emergency subject or has specialization in management of trauma or emergency patients or is a medical postgraduate or qualification as notified by the Government;

(b) has adequate knowledge, formal training and expertise in the field of emergency management; and

(3) The Director General shall be appointed initially for a period of three years but the Council may extend his tenure keeping in view his performance and may remove him before the expiry of his tenure if he is not physically or mentally fit or is incapable of performing his duties.

(4) The Director General shall be paid such salary, allowances and other benefits and shall be subject to such terms and conditions as are laid down in his service contract.

(5) The Director General shall be responsible for the day to day administration of the affairs of the Service and he may, subject to the regulations, appoint, post and transfer any of the employees working under him in the Service.

(6) The Director General shall follow and comply with such directions of the Council as may be given to him in writing in the public interest.

(7) Subject to the directions of the Council, the Director General may delegate any of his powers or functions to a Director or to an officer of the Service.

10. Director.—(1) There shall be not more than six Directors of the Service as may be appointed by the Government.

(2) A person to be appointed as a Director shall at least hold a masters or postgraduate degree in the subject related to the nature of his duties in the Service and is a person who has adequate expertise and experience in any relevant field including emergency management, law and finance.

(3) The Directors shall be paid such salary, allowances and other benefits and shall be subject to such terms and conditions of Service as are laid down by the Council.

11. Appointment of Officers, Servants, etc.—(1) The Service may, from time to time, employ such officers or servants or appoint such experts or consultants, as it may consider necessary for the performance of its functions.

(2) All members of the Service shall be liable to be assigned any emergency duty in accordance with the need of the time.

(3) The number and nature of the posts in the Service, necessary criteria and the manner of appointment thereto shall be determined by the Council and the employees appointed to these posts shall receive such remuneration allowances and privileges and shall be subject to such terms and conditions of service as are laid down by the Council.

(4) In the performance of their duties and functions, the employees of the Service and the volunteers shall abide by the directions and instructions of the Director General.

12. Emergency Officer.—(1) There shall be emergency officers appointed by the Service to perform the field operations of the Service.

(2) No person shall be appointed as an emergency officer unless he is—

(a) a medical graduate or post-graduate in a related science subject or has a professional degree in a related subject; and

(b) physically and mentally fit to perform field operations.

(3) One of the emergency officers in the district shall be selected for appointment as district emergency officer on the basis of his performance and seniority as emergency officer.

(4) The district emergency officers shall be the head of the Service in the district and shall be assisted by all emergency officers and rescuers in the district.

13. Rescuer.—(1) There shall be rescuers appointed by the Service to perform the field operations of the Service.

(2) No person shall be appointed as a rescuer who—

i. is more than thirty years of age; and

ii. has not cleared the educational and fitness criteria specified by the Service.

(3) A rescuer shall perform such field duties and functions as are assigned to him by the Service.

14. Emergency Service Academy.—(1) The Service, as and when the Government feels the need, shall establish an emergency Service Academy for the purposes of running short or long courses with local or international collaboration and award certificates to successful person.

(2) The Academy may also arrange for the training of the members of the Service, volunteers and other individuals or workers of organization, public or private, to be equipped with the knowledge of dealing with all possible situations relating to prevention and management of emergencies.

15. Emergency Service Fund.--(1) The Service shall have a Fund comprising of—

(a) the grant provided by the Federal and Provincial Governments for the establishment, maintenance and performance of the Service; and

(b) The donations or contributions received or generated from private persons or public, local, foreign or international organizations.

(2) The Fund shall be maintained in a scheduled bank and shall be operated in accordance with the rules or directions Off the Council.

(3) The Fund shall be regularly monitored by the Council and audited in the same manner as is done in the case, of the funds of other Government Departments.

(4) The annual audit report of the Fund shall be made available to the general public and submitted to the Provincial Assembly of the Gilgit-Baltistan.

(5) No person from the Service shall organize, conduct or take part in any proceedings for collecting or Soliciting money or property from the public except the person authorized by the Council and in accordance with such conditions as may be laid down by the Council.

16. Act in aid of the Service.--(1) Every member of the police force in the Gilgit-Baltistan and all members of other organizations shall act in aid of the Service.

(2) The police acting in aid of the Service shall control and divert the traffic in or around an emergency area to facilitate and ensure free movement of emergency rescue vehicles and the persons dealing with an emergency and to prevent within the emergency area any theft, dacoity or loss of the property of the persons involved in the emergency.

(3) It shall be obligatory upon all telecommunication operators, companies, corporations or other authorities concerned to provide free of cost access to its subscribers to avail the universal emergency dial-in-number as notified by the Service, without any prefix or suffix for the whole of the Gilgit-Baltistan.

17. Powers to manage Emergencies.--(1) An emergency officer or a rescuer, in providing emergency services, may take any reasonable measures to—

(a) protect persons from any danger or potential danger associated with an emergency situation;

(b) protect persons trapped in a vehicle, receptacle, vessel or otherwise endangered; and

(2) Without limiting the measures that may be taken for a purpose specified in clause (a) or (b) of sub-section (1), an emergency officer or a rescuer may, for that purpose--

(a) enter any premises, vehicle or vessel;

(b) open any receptacle, using such force as is reasonably necessary;

(d) remove from or otherwise deal with, any article or material in the area;

(e) remove (wholly or partially) or damage any premises, vehicle, vessel or receptacle;

(f) cause the gas or electricity supply or motor or any other source of energy to any premises, vehicle, vessel or receptacle to be shut off or disconnected;

(g) request any person or organization to take all reasonable measures to assist the Service; and

(h) administer such life safety procedures as are consistent with the training and competency of the emergency officer or rescuer.

(3) Without limiting the measures that may be taken for a purpose specified in clause (c) of sub-section (1), a rescuer or an officer authorized by the Service may, for that purpose, require any person not to enter into or remain within the emergency area and may use any appropriate public place for emergency warning and refuge centre or for purposes of community awareness.

(4) No person shall refuse to comply with the directions of the rescuer or the person specified in sub-section (2) and if a person or organization does not comply with such directions, the rescuer or the aforesaid officer may use such force as is reasonably necessary to ensure compliance.

18. Obstruction or Hindrance.--No person shall willfully obstruct or hinder the Director General, Director, emergency officer, the rescuer, or any other person acting with his authority, in the exercise of a function under this Act.

19. Immunity against certain liabilities.—(1) An act or omission committed by an employee of the Service, or a volunteer, shall not, if committed in good faith for the purpose of exercising the functions of or assisting the Service, subject such employee or volunteer personally to any legal action, liability, claim or demand.

(2) All actions, proceedings and claims against any such employee or a volunteer in relation to any act done or omitted to be done in good faith, shall be defended and indemnified by the Service.

(3) Subject to the rules, any information received by the Service shall be deemed to be the privileged communication between the informer and the Service:

Provided that the Director General may, in a special case and by order in writing, waive such privilege.

20. Life Insurance.—All members of the Service shall contribute to the salary saving life insurance scheme and compensation in case of injury or death in the line of duty shall be provided by the Service to such extent as may be prescribed by the Council.

21. Public Servants.—All members of the Service shall be deemed to be public servants within the meaning of Section 21 of the Pakistan Penal Code, 1860 (Act No. XLV of 1860).

22. Emergency Ambulance and Rescue Vehicles.—(1) No person shall use any vehicle as an emergency ambulance or rescue vehicle unless it satisfies such requirements as are laid down by the Service.

(2) Where a vehicle does not fulfill the requirements laid down by the Service, but is used as a patient transport vehicle, it shall not use any siren or a Service, but is used as a patient transport vehicle, it shall not use any siren or a warning light other than a round yellow warning light,

(3) No person, other than that belonging to a law enforcing agency, shall use red, blue or orange light or any siren on his vehicle except where the vehicle satisfies the requirements prescribed for an emergency ambulance or vehicle.

(4) No person shall—

(a) use the words "rescue" or "rescue service" or any other similar name, title or description without the written authority of the director General;

(b) falsely represent that he is associated with the Service unless such an association exists;

(d) use any insignia of the Service in any manner contrary to that approved by the Director General.

23. Right of way to emergency rescue vehicles and ambulances.—(1) A driver of a vehicle or a member of the public or traffic police, to the extent practicable, shall make all possible efforts to give clear and uninterrupted passage to—

(a) an emergency rescue vehicle or an ambulance with activated warning devices, siren or warning lights and duly registered with the Service; and

(b) an emergency officer or a rescuer or any person acting under their direction, who appears to be doing any act for the purposes of this Act.

24. False or Obnoxious Calls.—No person shall make a false or an obnoxious call on the emergency dial-in-number or in any other manner try to represent that emergency circumstance exists requiring utilization of any resources of the Service.

25. Offences and punishments.—(1) Any person who willfully or without any reasonable excuse, disobeys or violates any provision of this Act, shall be deemed to have committed a bail able offence punishable with simple imprisonment for six months or with fine not exceeding rupees fifty thousand or with both.

(2) No prosecution under this Act shall be lodged without the previous sanction of the Director General which shall not be given except after serving a notice on the person concerned and giving him reasonable opportunity of hearing.

(3) No Court inferior to that of a Magistrate of the first class shall try an offence under this Act.

26. Rules.—The Government may frame rules to carry out the purposes of this Act.

27. Regulations.—The Council may make regulations, not inconsistent with this Act or the rules for or with respect to any matter that by this Act is required or permitted to be prescribed, specified or determined by the Council for carrying out the purposes of giving effect to the provisions of this Act.

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GILGIT ACT NO. III OF 2012

ADVISORS (SALARIES, ALLOWANCES AND PRIVILEGES) ACT, 2012

An Act to determine the salaries, allowances and privileges of the Advisors, Gilgit-Baltistan Council

[Gazette of Pakistan, Extraordinary, Part-I, 6^th June, 2012]

No. C-1(2)/2012 GBC.—The following Act, passed by the Gilgit-Baltistan Council on 21st March, 2012 and authenticated by the Chairman, Gilgit-Baltistan Council/Prime Minister of Pakistan, is hereby published for general information.

WHEREAS it is expedient to determine the salaries, allowances and privileges of the Advisors and for matters connected therewith;

It is hereby enacted as follows:-

1. Short title and commencement.—(1) This Act may be called the Advisors (Salaries, Allowances and Privileges) Act, 2012.

(2) It shall come into force at once and shall be deemed to have taken effect on the 7th day of October, 2011.

2. Definitions.—(1) In this Act, unless there is anything repugnant in the subject or context,—

(a) "Advisor" means an Advisor appointed under clause (13) of Article 33 of the Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009;

(b) "Council" means the Gilgit-Baltistan Council established under the Article 33 of Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009;

(c) "family" means the parents, spouse, legitimate children and step children residing with and wholly dependent upon the Advisor;

(d) "maintenance" in relation to a residence includes the maintenance of furniture and furnishing, the payment of local rates and taxes and the provision of electricity and water;

(e) "official residence" means the house reserved from time to time for use by an Advisor and includes the staff quarters and other building appurtenant to, and the gardens of, the residence but does not include Federal Lodges, Parliament Lodges, Government Hostel and a Government Rent House;

(f) "prescribed" means prescribed by rules made by the Council; and

(g) "year" means a year commencing on the 1st day of July and ending on the 30th day of June next following.

(2) The words and expressions used in this Act and not defined shall have the meanings assigned to them in Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009.

3. Salary.—An Advisor shall receive a salary of seventy thousand three hundred and thirty one rupees per mensum:

Provided that if a person who, by virtue of his holding an office of profit in the service of Pakistan or the service of Gilgit-Baltistan declared by law not to disqualify its holder from being appointed as Advisor, is entitled to receive a salary, the amount of the salary to which he is entitled under this Act shall be only such amount as would not, together with the amount of salary calculated on a monthly basis to which he is entitled by virtue of his holding such an office, exceed seventy thousand three hundred and thirty one rupees per mensum.

4. Equipment allowance.—On his first appointment, an Advisor may draw five thousand rupees, as an allowance for equipment himself:

Provided that, during the ten years immediately preceding to said appointment, he had not drawn an allowance for the same purpose upon election or appointment to the office of Governor, Speaker or Minister.

5. Allowance on taking up and laying down the office.—(1) An Advisor shall be entitled to claim actual expenses to the extent mentioned below from his ordinary place of residence to the seat of the Council on taking up office and from the seat of the Council to his ordinary place of residence on laying down office.

(a) the actual traveling expenses for himself and his family;

(b) the cost of transportation personal servants, not exceeding two, by the lowest class of accommodation;

(c) the cost of transporting household effects, not exceeding one hundred and twenty maunds, by goods train, steamer or other craft, excluding aircraft, and his personal car, if any.

(2) No claim shall lie for any travel or transportation not performed within six months of the date of taking up or laying down office, as the case may be.

6. Sumptuary allowance.—Every Advisor shall receive sumptuary allowance at the rate of six thousand rupees per mensum.

7. Transport—(1) Every Advisor and the members of his family shall be entitled to the use of an official car maintained at the cost of the Council in accordance with the rules framed by the Council for the use of staff cars.

(2) An Advisor who resigns his office but is not re-appointed may be allowed the use of the staff car provided to him for the same period for which he is allowed to retain official residence, but, during this period, he shall pay for the petrol and oil and for the official driver who will remain in charge of the car.

8. Official residence.—(1) Every Advisor shall be entitled, without payment of rent, to the use of a residence throughout his term office, and for a period of fifteen days immediately thereafter, and no charge shall fall on him personally in respect of its maintenance.

(2) The assessed rent of a house hired for the use of an Advisor shall in no case exceed seventy five thousand rupees per mensum.

(3) The official residence of an Advisor shall be furnished by the Council at a cost not exceeding one hundred thousand rupees in accordance with such scale as may be prescribed by the Council from time to time:

Provided that spending of the whole of the aforesaid amount on any one item of furnishing shall not be permissible.

(4) Lumpsum utility allowance of twenty two thousand rupees per mensum shall be paid to an Advisor for payment of utility bills.

(5) All furniture and furnishing provided in the official residence shall be marked for the purpose of identification.

(6) When an Advisor occupies an official residence, it shall be the duty of the officer concerned of the Council to hand over charge of the furniture and furnishings in that residence to the Advisor, or to a person authorized by him in writing, according to an inventory to be drawn up and signed.

(7) When an Advisor is about to vacate an official residence, he shall inform the officer concerned of the Council and shall arrange for the furniture and furnishings of the official residence being handed over to that officer according to an inventory to be drawn up and signed.

(8) The officer concerned of the Council may, from time to time, inspect an official residence, its furniture and furnishings with the prior approval of the Advisor.

9. Payment on account of non-availability of official residence.—If, at the time of his entering upon office, an official residence as per entitlement is not available, an Advisor shall, until such residence is provided by the Council be paid subject to a maximum of seventy five thousand rupees per mensum.

10. Payment in case of own house.—Where an Advisor chooses to reside in his own house, the Advisor may be paid a monthly sum of seventy five thousand rupees, in lieu of the furnished accommodation and to cover all expenses on its maintenance:

Provided that no furniture and furnishings shall be provided therein at the cost of the Council:

Provided further that, if the advisor holds his office in the house, the room used as his office shall be furnished at Council expenses:

Provided also that an Advisor shall be entitled utility allowance specified in sub-section (4) of Section 8.

11. Residential telephone, etc.—(1) An Advisor shall be entitled to a telephone to be installed at his residence at Council expense and shall be exempted from payment of its rental and charges of calls made there from within Pakistan and Gilgit-Baltistan.

(2) A casual telephone facility shall be provided to the Advisor during his tour within Pakistan and Gilgit-Baltistan.

12. Travelling allowance for journeys within Pakistan and Gilgit-Baltistan.—(1) Subject to the provisions made hereafter, an Advisor travelling on official duty shall be treated an officer of BPS-22.

(2) Journey by rail—An Advisor shall be entitled—

(a) to requisition at the cost of the Council a two-berthed or four-berthed first class compartment, including an air-conditioned compartment, if available on the train;

(b) to take with him not more than two personal servants by the lowest class of accommodation when traveling by a two-berthed or four-berthed railway compartment;

(d) to take with him without payment of fares his family members not exceeding four, when travelling in a requisitioned railways compartment; and

(e) to draw an allowance of fifty rupees for every twenty-four hours of the period of journey and an allowance of twenty five rupees for a lesser period, in addition to the daily allowance admissible under Section 12.

(3) Journey by steamer or launch.—An Advisor shall be entitled—

(a) to draw the actual fare paid for himself;

(b) to draw an allowance of fifty rupees for every twenty-four hours of the period of journey and twenty-five rupees for a lesser period, in addition to the daily allowance admissible under Section 13;

(d) to the carriage of personal baggage not exceeding three maunds.

(4) Journey by air.—An Advisor may, if the public interest so demands, travel by air, in which case, he shall be entitled—

(a) to the actual economy plus class air fare, while travelling within Pakistan and Gilgit-Baltistan, and Business class air fare, while traveling abroad;

(b) to the cost of transporting personal luggage not exceeding one hundred pounds inclusive of the free allowance given by the air company;

(c) to requisition at the cost of Council, if he considers it necessary in the public interest, an aeroplane or a helicopter belonging to the Pakistan Air Force or Government of Gilgit-Baltistan, subject to the availability and in accordance with the rules framed by the relevant authority, or an aeroplane belonging to any flying club in Pakistan and Gilgit-Baltistan;

(d) to take with him while travelling within Pakistan and Gilgit-Baltistan, one member of his family when traveling by a commercial aeroplane or four members of the family when traveling by a requisitioned aeroplane, provided that no non-official shall be allowed to travel in Pakistan Air Force aeroplane without the authority of the Ministry of Defence;

(e) to the cost of transporting not more than two personal servants by the lower class of accommodation by rail or steamer;

(f) to the carriage of personal luggage by rail or streamer subject to a maximum of three maunds; and

(g) to take with him by air one personal servant or a peon in lieu of the entitlement in clauses (e) and (f).

(5) Journey by road.—(a) An Advisor shall be entitled, for a journey performed by road beyond a radius of eight kilometres from his headquarters, to an allowance of five rupees per kilometres, if journey is performed by a private vehicle and in any other case to an allowance at the rate of fifty rupees per day:

Provided that the allowance mentioned in this sub-section shall be admissible only in respect of—

(i) a journey or that part of a journey which has to be undertaken by road in the public interest or in the absence of railway communication; and

(ii) a short journey which can not conveniently by undertaken by rail and which involves an absence from headquarters for more than eight consecutive hours.

(b) In respect of a journey performed by road beyond a radius of five miles from his headquarter, an Advisor shall be entitled to claim the actual cost of transporting—

(i) not more than two personal servants, provided that the servants travelled by a conveyance other than that by which the Advisor traveled; and

(ii) up to a maximum of three mounds of personal luggage:

Provided that the journey is performed to a place of halt in respect of which daily allowance is admissible.

13. Daily allowance during halt.—(1) An Advisor, while on tour, shall be entitled, to receive a daily allowance at the rate of one thousand rupees for each day.

(2) An Advisor who arrives at the place of duty or departs from such place shall be entitled to draw daily allowance at the full rate for the day of arrival, or the day of departure, as the case may be, irrespective of the time of arrival or departure:

Provided that not more than one daily allowance at the full rate may, in any case, be claimed in respect of any one day.

(3) Where an Advisor on tour stays in a hotel because of non-availability of accommodation in any Government Guest House, or Rest House, he shall be entitled to the reimbursement of actual rent charges of a small suite paid by him for the period of stay in that hotel, in addition to the daily allowance:

Provided that an Advisor who does not wish to avail himself of such accommodation shall be paid a subsidy at the rate of fifty rupees for each day during any period of tour on duty.

14. Travelling allowance bill.—An Advisor shall indicate on his travelling allowance bill whether he has travelled in a requisitioned railway saloon or compartment or aeroplane or as an ordinary first class passenger, specify the number and relationship of family members and other who traveled with him, certifying whether they purchased the necessary tickets, and also, certify that the journey was primarily under taken on official business,

15. Controlling Officer.—An Advisor shall be his own controlling officer.

16. Travelling allowance for journey abroad.—An Advisor traveling on official business outside Pakistan and Gilgit-Baltistan shall be entitled to such allowance as may be prescribed from time to time by the Council.

17. Medical facilities.—An Advisor and his family shall be entitled to medical facilities admissible under the rules framed by the Council and shall be entitled to receive medical treatment at the residence.

18. Leave.—(1) The Chairman may grant to an Advisor during his term of office at any one time or from time to time, leave of absence for urgent reasons of health or private affairs, for a period not exceeding in the aggregate three months:

Provided that an Advisor shall earn four days leave per month subject to a maximum of three months:

Provided further that an Advisor shall be entitled to avail himself of the unutilized period of the leave aforesaid immediately after laying down his office.

(2) An Advisor shall be entitled to receive leave salary of fifty eight thousand seven hundred and twenty rupees per month.

19. Personal staff.—Each Advisor, except while on leave, shall be entitled to have one Private Secretary, one Personal Assistant, one Urdu Stenographer or Stenotypist, one Qasid and one Naib-Qasid, with such status and conditions as are or may be laid down by the Council from time to time.

20. Provident Fund.—(1) An Advisor may at his option, become a subscriber to the General Provident Fund; and if he so opts, he shall subscribe to the Fund as a compulsory subscriber in accordance with the General Provident Fund (Central Services) Rules.

(2) A temporary advance may be granted to an Advisor from the amount standing to his credit in the General Provident Fund at the discretion of the Council for a purpose for which such advance may be granted to a subscriber under the said rules.

(3) The grant of a temporary advance under sub-section (2), shall, unless the Council otherwise directs, be subject to the condition to which an advance granted to a subscriber under the aforesaid rules is subject.

21. Compensation in case of air accident.—(1) If an Advisor, while traveling by air, on official duty, by any flight, scheduled or unscheduled (including flight in a Government-owned aircraft of any type), dies or receive an injury as a result of an accident, the Council shall pay to the person or persons referred to sub section (2), a sum of three hundred thousand rupees in the case of death, and an amount to be determined by the Council having regards to scale of compensation applied by insurance companies in like cases, in the case of injury.

(2) The compensation shall be payable in the case of injury, to the Advisor and, in the case of death, to such member or members of his family, or, if there be no such members any other person or persons as may be nominated by him, and in the absence of such nomination to his heirs.

(3) A nomination under sub-section (2) may be made, and may also be revoked or altered, by a notice in writing signed by the Advisor and addressed to the Accountant General of the Council.

22. General.—(1) The family of an Advisor shall be entitled to travel by air or by rail from the headquarters of the Advisor to his hometown and back once a year at Council expense.

(2) All reasonable precautions shall be taken by the Advisor to see that the official residence, transport and furniture and furnishings provided by the Council are used with the same care with which a person's own property is used.

23. Act to have effect subject to instructions, etc.—This Act shall have effect subject to such instructions, rules, exceptions, further concessions, or easements as the Council may from time to time prescribed or grant.

24. Increase in emoluments.—The salaries, allowances and privileges of Advisors shall automatically be increased by the Gilgit-Baltistan Council Secretariat in proportion to the increase in the emoluments of the civil servants.

25. Power to make rules.—The Chairman may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

Passed by the Gilgit-Baltistan Council on the 21st March, 2012.

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GILGIT ACT NO. VI OF 2012

GILGIT-BALTISTAN COUNCIL PUBLIC SERVICE COMMISSION (ADAPTATION) ACT, 2012

An Act to adapt the Federal Public Service Commission Ordinance, 1977 of Pakistan and rules made therunder.

[Gazette of Pakistan, Extraordinary, Part-I, 6^th June, 2012]

No. C-1 (2)/2012 GBC—The following Act, passed by the Gilgit-Baltistan Council on 21st March, 2012 and authenticated by the Chairman, Gilgit-Baltistan Council/Prime Minister of Pakistan, is hereby published for general information.

WHEREAS, it is expedient to adapt the Federal Public Service Commission Ordinance, 1977 (XLV of 1977) and rules made thereunder, as in force in Pakistan and to provide for matters connected therewith or ancillary thereto;

It is hereby enacted as follows :-

1. Short title, extent, application and commencement.—(1) This Act may be called the Gilgit-Baltistan Council Public Service Commission (Adaptation) Act, 2011.

(2) It shall come into force at once.

(3) It shall apply to persons applying for employment (BPS-16 and above) in the service of the Gilgit-Baltistan Council wherever they may be.

2. Adaptation of the Federal Public Service Commission Ordinance, 1977 of Pakistan.—(1) The Federal Public Service Commission Ordinance, 1977 (XLV of 1977), and all rules, notification and orders made thereunder, as in force in Pakistan before the commencement of this Act are adapted and shall, as far as practicable, be applicable to persons applying for employment in BPS-16 and above in Gilgit-Baltistan Council subject to the modification that,—

(a) the expression "Government", "Federal Government", "President", or any other expression howsoever, worded, referring to any executive Government, shall, be construed to refer to "Gilgit-Baltistan Council", and "Gilgit-Baltistan Council Secretariat"; and

(b) the expression "Supreme Court" and "High Court" shall be construed to refer to "Gilgit-Baltistan Supreme Appellate Court" and "Gilgit-Baltistan Chief Court" respectively.

3. Removal of difficulty.—If any difficulty or question arises in given effect to the provisions of this Act or in regard to the construction to be placed on any adaptation, the Gilgit-Baltistan Council Secretariat may, from time to time, make such provision or give such direction as appear to it to be necessary for the purpose of removing such difficulty.

Passed by the Gilgit-Baltistan Council on the 21st March, 2012.

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GILGIT ACT NO. V OF 2012

GILGIT-BALTISTAN PREVENTION OF CRUELTY TO ANIMALS ACT, 2012

[Gazette of Pakistan, Extraordinary, Part-I, 15^th October, 2012]

WHEREAS it is expedient to make further provision for the Prevention of Cruelty to Animals; it is hereby enacted as follows:-

1. Title, extend and commencement and supersession of other enactments.—(1) This Act shall be called the Gilgit-Baltistan Prevention of Cruelty to Animals, Act No. V of 2012.

(2) It shall be extended whole of Gilgit-Baltistan.

(3) It shall com into force immediately.

2. Definition.—In this Act, unless there is something repugnant in the subject or context.—

(1) "Animal" means any domestic or captured animal.

(2) "Street" including any way, road, lane, square, Court, alley, passage or open space, whether a thoroughfare or not, to which the public have access.

(3) Phooka or doom dev includes any process of introducing air or any substance into the females the organ of a milk animal with the object of drawing off from the animal any secretion of milk.

3. Penalty for cruelly to animals and for sale of animals killed with unnecessary cruelty.--If any person,—

(a) overdrives, beats, or otherwise treats any animal so as to subject it to unnecessary or suffering, or

(b) binds, keeps, carries or consigns for carriage any animal in such manner or position as to subject it to unnecessary pain or suffering, or

(c) offers for sale of without reasonable cause has in his possession any live animal which is suffering pain by reason of mutilation, starvation, thirst, over-crowding or other ill-treatment, or

(d) offers for sale any dead animal or part of a dead animal which he has reason to believe has been killed in an unnecessary cruel manner, or

(e) without reasonable cause abandons any animal in circumstances which render it likely that it will suffer pain by reason of starvation or thirst,

(f) he shall be punished, in the case of a first offence, with line which may extend to fifty rupees, or with imprisonment for a term which may extend to one month and, in the case of a second or subsequent offence committed within three years of the previous offence, with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both.

4. Penalty for overloading animals.--(1) If any person overloads any animal, he shall be punished with fine which may extend to one housand five hundred rupees, or with imprisonment for a term which may extend to one month.

(2) If the owner of any animal, or any person who, either as a trader, carrier or contractor or by virtue of his employment by a trader, carrier or contractor, is in possession of, or in control of the loading of, any animal, permits the overloading of such animal, he shall be punished with fine which may extend to one thousand rupees.

5. Penalty for practicing phooka.--(1) If any person performs upon any cow or other milk animal the operation called phooka or doom dev, or permits such operation to be performed. Upon any such animal in his possession or under his control, he shall be punished with fine which may extend to five thousand rupees, or with imprisonment for a term which may extend to two years, or with both, and the animal on which the operation was performed shall be forfeited to Government:

Provided that in the case of a second or subsequent conviction of a person under this section he shall be punished with fine which may extend to five hundred rupees and with imprisonment for a term which may extend to two years.

(2) A Court may order payment out of any fine imposed under this section of an amount not exceeding one-tenth of the fine to any person other than a police officer or officer of a society or institution concerned with the prevention of cruelty to animals who has given information leading to the conviction.

6. Penalty for killing animals with unnecessary cruelty anywhere.--If any person kills any animals in a an unnecessary cruel manner, he shall be punished with fine which may extend to two hundred rupees, or with imprisonment for a term which may extend to six months, or with both.

7. Penalty for being in possession of the skin of a goat killed with unnecessary cruelty.—In any person has in his possession the skin of a animals, and has reason to believe that the animals has been killed in an unnecessary cruel manner, he shall be punished with fine which may extend to one thousand rupees, or with imprisonment which may extend to three months, or with both, and the skin shall be confiscated.

8. Penalty for employing anywhere animals unfit for labour.—If any person employs in any work or labour any animal which any reason of any disease infirmity, wound, sore or other cause is unfit to be so employed, or permit any such unfit animal in his possession or under his control to be so employed he shall be punished with fine which may extend to one thousand rupees.

9. Interpretation.—For the purpose of Sections 3-A and 6, an owner of other person in possession or control of an animal shall be deemed to have permitted an offence if he has failed to exercise reasonable care and supervision with a view to the prevention of such offence, and for the purposes of Section 4, if he fails to prove that he has exercised such care and supervision.

10. Treatment and care of animals.--(1) The Provincial Government may, by general or special order, appoint infirmaries for the treatment and care of animals in respect of which offences against this Act have been committed, and may authorised the detention of animal pending its production before a Magistrate.

(2) The Magistrate before whom a prosecution for an offence against this Act has been instituted may direct that the animal concerned shall be treated and cared for it an infirmary, until it is fit to perform its usual work or is otherwise fit for discharge, or that it shall be sent to a pinjrapole, or, if the Veterinary Officer Incharge of the area in which the animal is found, or, such other Veterinary Officer as may be authorised in this behalf by rules made under Section 15 certifies that it is incurable or cannot be removed without cruelty, that it shall be destroyed.

(3) An animal sent for case and treatment to an infirmary shall not, unless the Magistrate directs that it shall be sent to a pinjrapole or that, it shall be destroyed, be released from such place except upon a certificate on its finches for discharge issued by the Veterinary Officer incharge of the area in which, the infirmary is situated or such other Veterinary Officer as may be authorised in this behalf by rules made under Section 15.

(4) The cost of transporting an animal to an infirmary or pinjrapole, and of its maintenance and treatment in an infirmary, shall be payable by the owner of the animal in accordance with a scale of rates to be prescribed by the District Magistrate:

Provided that when the Magistrate so orders, on account of the property of the owner of the animal, no charge shall be payable for the treatment of the animal.

(5) If the owner refuses or neglects to pay such cost or to remove the animal within such time as a Magistrate may prescribe, the Magistrate may direct that the animal be sold and that the proceeds of the sale be applied to the payment of such cost.

(6) The surplus, if any, of the proceeds of such sale shall, on application made by the owner within two months from the date of the sale be paid to him.

11. Penalty for baiting or inciting animals to fight.—If any person.--

(a) incites by animal to fight, or

(b) baits by animal, or

(d) he shall be punished with fine which may extend to fifty rupees.

Explanation—It shall not be an offence under this section to incite animal to fight if such fighting is not likely to cause injury or suffering to such animal and all reasonable precautions are taken to prevent injury or suffering from being so accused.

12. Penalty for permitting diseased animals to got at large or to die in public places.—If any person willfully any animal of which he is the owner or is in-charge to go at large in any street which the animal is affected with contagious on infectious disease, or without reasonable excuse permits any diseased or disabled animal of which he is the owner or is in charge to die in any street, he shall be punished with the fine which may extend to one hundred rupees where he is the owner of the animal, or to five hundred rupees where he is in charge of but not the owner of the animal.

13. Special power of search and seizure in respect of certain offences.—(1) If a police officer, not below and rank of sub-inspector, has reason to believe that an offence under Section 5, in respect of a goat, is being or is about to be, or has been, committed in any place, or that any person has in his possession the skin of a goat with any part of the skin of the head attached thereto, he may enter and search such place or any place in which he has reason to believe any such skin to be, and may seize any such skin and any article or thing used or intended to be used in the commission of such offence.

(2) If a police-officer, not below the rank of Sub-Inspector, or any person specially authorized by the Provincial Government in this behalf has reason to believe that phooka or doom dev has just been or is being performed on any animal within the limits of his jurisdiction, he may enter any place in which he has reason to believe such animal to be, and may seize the animal and produce it for examination be the Veterinary Officer-in-charge of the area in which the animal is seized.

14. Search-warrants.—(1) If a Magistrate of the first or second class, sub-divisional Magistrate, or District Superintendent of Police, upon information in writing and after such inquiry as he thinks necessary, has reason to believe that an offence against this Act is being or is about to be or has been committed in any place, he may either himself enter and search or by his warrant authorize any police-officer not below the rank of sub-Inspector to enter and search the place.

(2) The provisions of the Code of Criminal Procedure, 1882, relating to searches under that Code shall, so far as those provisions can be made applicable, apply to a search under sub-section (1) or under Section 7-A.

15. Limitation for prosecution.--A prosecution for an offence against this Act shall not be instituted after the expiration of three months from the date of the commission for the offence.

16. Destruction of suffering animals.--(1) When any Magistrate, or District Superintendent of police has reason to believe that an offence against this Act has been committed in respect of any animal, he may direct the immediate destruction of the animal if in his opinion its suffering are such to render such a direction proper.

(2) Any police-officer above the rank of a constable who finds an animal so diseased, or so severely injured or in such a physical condition that it cannot, in his opinion, be removed without cruelly, may if the owner is absent or refuses to consent to the destruction of the animal, forthwith summon the Veterinary officer-in-charge of the area in which the animal is found and if the veterinary officer that the animal is mortally injured or so severely injured or in such a physical condition that its destruction is desirable, the police-officer may after obtaining orders from a Magistrate, destroy the animal or cause it to be destroyed.

17. Provision supplementary to Section 1 with respect to extent of Act.—Notwithstanding anything Section 1, Sections 4 and 13, Section 9 and Section 10 and Sections 6-A, 7-A and 15 so for as they relate offence under Section 4 shall extend to every local area in which any section of this act constituting and offence is for time being in force.

18. Offence under Section 4 to be cognizable.—Notwithstanding anything contained in the Code of Criminal Procedure 1898, an offence punishable under Section 4 shall be a cognizable offence within the meaning of that Code.

19. General power to seizure for examination.—Anything police-officer above the rank of a constable or any person authorised by the Provincial Government in this behalf, who has reason to believe that an offence against this Act has been or is being committed in respect of any animal, may, if his opinion the circumstance so require, seize the animal and produce the same for examination by the nearest Magistrate or by such Veterinary Officer as may be designed in this behalf by rules made under Section 15; and such police-officer or authorised person may, when seizing the animal, require the person in charge thereof to accompany it to the place of examination.

20. Power to make rules.—(1) The Provincial Government may, by notification in the official Gazette, and subject to the condition of previous publication make rules to carry out the purpose of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, the Provincial Government may make rules:-

(a) prescribing the maximum weight of loads to be carried or drawn by any animal;

(b) prescribing condition to prevent the over-crowding of animal;

(d) prescribing the purposes to which fines realized under this Act may be applied including such purposes as the maintenance of infirmaries, pinjraples, and veterinary hospitals;

(e) prohibiting the use of any bit or harness involving cruelty;

(f) requiring person carrying on the business of a farrier to be licensed and registered.

(g) requiring person owning, or in charge of, premises in which animals are kept or milked to register such premises, to comply with prescribed conditions as to the boundary walls or surroundings of such premises, to permit their inspection for the purpose of ascertaining whether any offence against Section 4 is being, or has been committed therein, and to expose in such premises copies of Section 4 of this Act in a language or language commonly understood in the locality; and

(h) prescribing the manner in which cattle may be impounded in any place appointed for the purpose, so as to secure the provision of adequate space, food and water.

3. If any person contravenes, or abets the contravention with fine which may extend to fifty.

21. Persons authorised under Section 14 to be public servant—Every person authorised by the Provincial Government under Section 14 shall be deemed to be a public servant within the meaning of Section 21 of the Pakistan Penal Code.

22. Indemnity.—No suit, prosecution or other legal proceeding shall lie against any person who is, or who is deemed to be, a public servant within the meaning of Section 21 of the Pakistan Penal Code, in respect of any thing in good faith done or intended to be done under this Act.

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GILGIT ACT IV OF 2012

GILGIT-BALTISTAN COUNCIL (SALARIES, ALLOWANCES AND PRIVILEGES) (AMENDMENT) ACT, 2012

An Act to amend the Members of Gilgit-Baltistan Council (Salaries, Allowances and Privileges) Act, 2010

[The Gazette of Pakistan, Extraordinary, Part-I, 6^th June, 2012]

No. C-1 (2)/2012 GBC—The following Act, passed by the Gilgit-Baltistan Council on 2lst March, 2012 and authenticated by the Chairman, Gilgit-Baltistan Council/Prime Minister of Pakistan, is hereby published for general information.

WHEREAS it is expedient further to amend the Members of the Gilgit-Baltistan Council (Salaries, Allowances and Privileges) Act, 2010 (Act-I of 2010), for the purpose hereinafter appearing;

It is hereby enacted as follows:—

1. Short title and commencement.—(1) This Act may be called the Members of the Gilgit-Baltistan Council (Salaries, Allowances and Privileges) (Amendment) Act, 2012.

(2) It shall come into force at once.

2. Substitution of Section 11, Act-I of 2010.—In the Members of Gilgit-Baltistan Council (Salaries, Allowances and Privileges) Act, 2010, for Section 11, the following shall be substituted, namely:—

"Housing allowance.—A member shall be paid a Housing Allowance at the rate of fifty thousand rupees per month".

Passed by the Gilgit-Baltistan Council on the 21st March, 2012.

---------------------------

GILGIT ACT NO. V OF 2012

GILGIT-BALTISTAN POWER DEVELOPMENT BOARD ACT, 2012

An Act to provide for the development of power resources of the Gilgit-Baltistan.

[The Gazette of Pakistan, Extraordinary, Part-I, 6^th June, 2012]

No. C-1 (2)/2012 GBC—The following Act, passed by the Gilgit-Baltistan Council on 21st March, 2012 and authenticated by the Chairman, Giigit-Baltistan Council/Prime Minister of Pakistan, is hereby published for general information.

WHEREAS it is expedient to provide for the development of power resources of the Gilgit-Baltistan for the purposes hereinafter appearing;

It is hereby enacted as follows:—

CHAPTER – I
Preliminary

1. Short title, extent and commencement.—(1) This Act may be called the Gilgit-Baltistan Power Development Board Act, 2012.

(2) It extends to the whole of Gilgit-Baltistan.

(3) It shall come into force at once.

2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—

(i) "Board" means the Board of Directors of the Gilgit-Baltistan Power Development Board;

(ii) "Chairman" means the Chairman of the Board;

(iii) "Vice Chairman" means the Vice Chairman of the Board;

(iv) "Council" means the Gilgit-Baltistan Council;

(v) "Federal Government" means the Government of the Islamic Republic of Pakistan;

(vi) "Government" means the Government of Gilgit-Baltistan;

(vii) "land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;

(viii) "Managing Director" means the Managing Director of the Gilgit Baltistan Power Development Board;

(ix) "member" means a member of the Board;

(x) "officer" means an officer of the Board;

(xi) "power" includes hydro power, electrical energy, steam, gas, solar, geo thermal, wind or any other power notified as such by the Gilgit-Baltistan Council in the official Gazette;

(xii) "prescribed" means prescribed by rules;

(xiii) "rules" means rules made under this Act; and

(xiv) "Scheduled Bank" means a Bank for the time being included in the list of Scheduled Banks maintained under sub-section (1) of Section 37 of the State Bank of Pakistan Act, 1956 (XXXIII of 1956).

CHAPTER - II
Constitution of Board

3. Board.—(1) There shall be established a Board known as the Gilgit-Baltistan Power Development Board.

(2) The Board shall be a body corporate having power to acquire and hold property, both movable and immovable, having 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 Islamabad with regional office at Gilgit.

(4) The Board shall consist of the following; namely:—

(i) Minister-in-Charge, Gilgit-Baltistan
Council Secretariat. Chairman

(ii) Chief Minister, Gilgit-Baltistan
Government. Vice-Chairman

(iii) Minister for Water and Power,
GB Government. Member

(iv-v) Two (02) Members of Gilgit-Baltistan
Council to be nominated by the
Minister-in-Charge Member

(vi) Secretary-in-Charge, Gilgit-Baltistan
Council Secretariat Member

(vii) Member (Energy) Planning
Commission, P & D Division. Member

(viii) Chief Secretary, Gilgit-Baltistan
Government Member

(ix) Member Power, WAPDA Member

(x) Chief Engineer, Water & power
Deptt, GB Member

(xi) A Representative of Private Power
Infrastructure Board Member

(xii) Managing Director of the Board
appointed under Section 4 Member

4. Managing Director.—(1) The Council shall appoint a Managing Director of the Board, in consultation with the Board, on such terms and conditions as may be prescribed.

(2) The Managing Director shall be responsible for overall administration and management of the Board. He shall also be responsible to carry out and implement the orders and decisions of the Board.

(3) The term of office of the Managing Director shall be three years. On expiry of his term of office, the Managing Director shall be eligible for re-appointment for a subsequent term not exceeding three years as the Council may determine, in consultation with the Board.

(4) The Managing Director may, at any time, resign from his office and by virtue of his resignation, he shall cease to be member of the Board, or if he resigns from the membership of the Board, he shall cease to be the Managing Director; provided that his resignation in either case shall not take effect until accepted by the Board.

(5) There shall be a full time Secretary of the Board, who shall, under the general supervision of the Managing Director, be responsible for dealing with proceedings of the meetings and other matters entrusted by the Board.

5. Consultants.—The Board may employ such experts, advisers, consultants and other officers, as it considers necessary for the efficient performance of functions of the Board, on such terms and conditions as may be prescribed by the Board.

6. Removal of Managing Director.—The Board may, by Notification, remove the Managing Director:—

(a) if he refuses or fails to discharge or becomes, in the opinion of the Board, incapable of discharging his responsibilities under this Act; or

(b) if he has been declared insolvent; or

(c) if he has been declared to be disqualified for the employment, or has been dismissed from the service of Pakistan or service of Gilgit-Baltistan, or has convicted of an offence involving moral turpitude; or

(d) if he has knowingly acquired or continued to hold without the permission in writing of Board, directly or indirectly or through a partner, any share or interest in any contract or employment with, or on behalf of, the Board in any land or property which, in his knowledge, is likely to benefit or has benefited as a result of the operation of the Board.

(e) guilty of misconduct.

7. Meetings of the Board.—(1) The Board shall meet at least once in every three months in such manner and at such time and place as may be determined by the Chairman.

(2) The Chairman or, in his absence, Vice chairman shall preside over the meeting.

(3) The Chairman and five other members shall be present to constitute a quorum at meeting of the Board.

CHAPTER - III
Powers and duties of the Board

8. Function of the Board.—(1) Subject to any other law for the time being in force, the Board shall prepare, for the approval of Council, a comprehensive plan for the development and utilization of the power and energy resources of the Gilgit-Baltistan. The Board may also undertake such other schemes as Council may direct.

(2) Without prejudice to the provisions of sub- section (1), the Board may frame a scheme or schemes for Gilgit-Baltistan for generation of power.

(3) Every scheme prepared by the Board under sub-sections (1) and (2) shall be processed in accordance with the laid down procedures or instructions, which may be issued from time to time.

(4) The Board shall make policies for power generation in Gilgit-Baltistan in collaboration with the private sector based on the national and international best practices and submit for approval of the Council.

9. Studies by Board.—The Board, if it considers necessary or expedient for carrying out the purposes of this Act, may cause studies, pre-feasibility studies, detailed feasibility studies, surveys and experiments of technical research.

10. Powers of Board.—(1) The Board may take such measures and exercise such powers as it considers necessary or expedient for carrying out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing powers, the Board may, in the prescribed manner and subject to the provisions of this Act,—

(a) undertake any work, incur any expenditure, procure plant, machinery and materials required for its use and enter into and perform all such contracts as it may consider necessary or expedient to carry out the purposes of this Act; and

(b) acquire by purchase, lease, exchange or otherwise and dispose of by sale, lease, exchange or otherwise, any land or any interest in land.

CHAPTER - IV
Establishment

11. Officers and Servants of the Board.—(1) The Board may, from time to time employ, directly or by induction, transfer, deputation, from Federal or other Provincial Governments, Gilgit-Baltistan Government, semi-autonomous and autonomous bodies, such officers and servants, as it may consider necessary for the efficient performance of its functions, on such terms and conditions as it may deem fit:

Provided that the terms and conditions of service of any such person shall not be varied to his disadvantage.

(2) Appointments and promotions of officers and employees up to and including BPS-16 shall be made by the Managing Director in the manner prescribed. Appointments and promotions in BPS-17 and above shall be made by the Board in the prescribed manner.

12. Actions done in good faith.—(1) The Managing Director, officers and servants of the Board shall, when acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be in the Service of the Board.

(2) No suit, prosecution or other legal proceedings shall lie against the Chairman, Vice Chairman, Members, Managing Director officers and servants of the Board in respect of anything done or intended to the done, in good faith under this Act.

13. Delegation of Powers.—The Board may, by general or special order, delegate to the Managing Director, a member or any officer of the Board any of its powers, duties or functions under this Act, subject to such conditions as it may think fit to impose.

CHAPTER - V
Reports and Statements

14. Report to the Council.—(1) The Board shall submit to the Council, as soon as may be possible after the end of each financial year but before the last day of October next following, a report on the conduct of the affairs of the Board for the year including an analysis of its physical and financial achievements for discussion.

(2) The Council Secretariat may require the Board to furnish any return, statement, estimate, statistics, or other information or document regarding any matter under the control of the Board.

CHAPTER - VI
Finance

15. Fund.—(1) There shall be a Fund to be known as the Board Fund vested in the Board which shall be utilized by it to meet expenses in connection with its functions under this Act, including the payment of salaries and other remunerations to the Managing Director, officers, servants and employees.

(2) The Fund shall consist of:—

(a) proceeds from sale of Power, (Provided that net proceeds will be shared between the Council and GB Government at a rate to be mutually agreed);

(b) grants made by the Council including the Federal Government;

(d) grants made by local bodies;

(e) loans obtained by the Board from commercial banks or any other such institutions;

(f) foreign loans, grants or any other financial assistance obtained; and

(g) Energy Development Surcharge in Gilgit-Baltistan; and

(h) all other sums received by the Board;

(3) The Board may keep money with a Scheduled Bank as per guidelines and approval of the Board.

(4) The Board shall endeavour to promote private sector in the generation of power.

16. Fixation of rates.—The rates at which the Board may sell power shall be fixed keeping in view the operation costs, investment cost depreciation of assets, the redemption at due time of loans other than those covered by depreciation, the payment of any taxes and a reasonable return on investment or the rates approved by Council.

17. Books of accounts.—The Board shall maintain complete and accurate books of accounts in such form as may be prescribed by it, provided that separate accounts shall be maintained for each scheme including its transactions relating to power.

18. Receipt and expenditure.—In the month of May each year, the Board shall submit to the Council for approval a statement of the estimated receipts and expenditure in respect of the next financial year.

19. Audit of accounts.—The accounts of the Board shall be audited by the Auditor-General of Gilgit-Baltistan.

CHAPTER - VII
Rules and Regulations

20. Power to make rules.—For the purpose of carrying into effect the provisions of this Act, the Board may, frame such rules as it may consider necessary or expedient.

Passed by the Gilgit-Baltistan Council on the 2lstMarch, 2012.

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GILGIT ACT NO. VII OF 2012

GILGIT-BALTISTAN COUNCIL, FINANCIAL INSTITUTIONS (RECOVERY OF FINANCES) (ADAPTATION) ACT, 2012

An Act to adapt and to enforce the Financial Institutions (Recovery of Finances ) Ordinance, 2001 of Pakistan in Gilgit-Baltistan

[Gazette of Pakistan, Extraordinary, Part-I, 6^th June, 2012]

WHBREAS it is necessary to adapt and to enforce Financial Institutions (Recovery of Finances) Ordinance, 2001 (XLVI of 2001) as in force in Pakistan and to provide for matters connected therewith or ancillary thereto;

It is hereby enacted as follows :—

1. Short title, extent, and commencement.—(1) This Act may be called the Gilgit-Baltistan Council, Financial Institutions (Recovery of Finances) (Adaptation) Act, 2012.

(2) It shall extend to the whole of Gilgit-Baltistan,

(3) It shall come into force at once.

2. Interpretation.—In this Act, unless there is anything repugnant in the subject or context, 'previous law' shall mean a law in force in the Gilgit-Baltistan territory immediately before the commencement of this Act and corresponding to any law adapted by this Act.

3. Adaptation of the Financial Institutions (Recovery of Finances) Ordinance, 2001.—The Financial Institutions (Recovery of Finances) Ordinance, 2001 (XLVI of 2001) and all rules notifications and orders made thereunder and in force immediately before the commencement of this Act are adapted and shall, as far as practicable, be in force in Gilgit-Baltistan subject to the following modifications, namely:—

(a) the expressions 'Government', 'Federal Government', President' or any other expressions however worded, referring to any Executive Government, shall, as far as practicable, be construed to refer to the Gilgit-Baltistan Council and reference to Pakistan or any part of Pakistan shall be construed to refer to Gilgit-Baltistan; and

(b) the expressions 'Provincial Government' shall be construed to refer to the Gilgit-Baltislan Government.

(d) the expressions "Chief Justice" shall be construed to refer to the Chief Judge, Gilgit-Baltistan Chief Court.

4. Previous laws to cease to have effect.—If immediately before the coming into force of this Act if there is in force in Gilgit-Baltistan any law corresponding to any law adapted by this Act, it shall, subject to the other provisions of this Act, cease to have effect on and from the date of the commencement of this Act:

Provided that the provisions of this Act shall not render invalid anything duly done before the commencement of this Act under the provisions of any previous law.

5. Removal of difficulty.—If any difficulty or question arises in giving effect to the provisions of this Act or in regard to the construction to be placed on any adaptation, the Council may, from time to time, make such provisions or give such directions as appear to it to be necessary for the purpose of removing such difficulty.

Passed by the Gilgit-Baltistan Council on the 21st March, 2012.

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GILGIT ACT NO. IX OF 2012

GILGIT-BALTISTAN COUNCIL INCOME TAX (ADAPTATION) ACT, 2012

An Act to adapt and enforce the Income Tax Ordinance, 2001, as in force in Pakistan and the rules made thereunder, in Gitgit-Baltistan

[Gazette of Pakistan, Extraordinary, Part-I, 12^th October, 2012]

WHEREAS it is expedient to adapt and enforce the Income Tax Ordinance, 2001 (XLIX of 2001) and rules made thereunder, as in force in Pakistan and to provide for matters connected therewith or ancillary thereto;

It is hereby enacted as follows:—

1. Short title, extent and commencement.—(1) This Act may be called the Gilgit-Baltistan Council Income Tax (Adaptation) Act, 2012.

(2) It extends to the whole of Gilgit-Baltistan.

(3) It shall come into force at once.

2. Adaptation of Income Tax Ordinance, 2001 of Pakistan.—The Income Tax Ordinance, 2001 (XLIX of 2001), hereinafter referred to as the said Ordinance, as in force in Pakistan immediately before the commencement of this Act and all rules made and notifications issued thereunder are adapted and shall, as far as practicable, be in force in Gilgit-Baltistan subject to the following modifications, namely:—

(a) the expressions "Pakistan", "Federal Government", and "Federal Board of Revenue" shall respectively be construed to be references to "Gilgit-Baltistan", the "Gilgit-Baltistan Council" and the "Board of Revenue";

(b) the expression "Provincial Government" shall be construed to refer to the Gilgit-Baltislan Government: and

"(15) The tax payable under Part-I of the First Schedule by an individual domiciled in Gilgit-Baltistan and deriving income from sources within Gilgit-Baltistan shall be reduced by 50 percent".

3. Removal of difficulty.—If any difficulty arises in giving effect to the provisions of this Act, the Gilgit-Baltistan Council Board of Revenue may, from time to time, make such order, not inconsistent with provisions of this Act, as may appear to it to be necessary for the purpose of removing such difficulty.

Passed by the Gilgit-Baltistan Council on the 21 st March, 2012.

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GILGIT ACT NO. X OF 2012

GILGIT-BALTISTAN COUNCIL VALIDATION (ADAPTATION) ACT, 2012

An Act to adapt and to enforce the Validation Ordinance, 2012 of Pakistan in Gilgit Baltistan

[Gazette of Pakistan, Extraordinary, Part-I, 10^th December, 2012]

No. C-1 (2V2012 GBC—The following Act, passed by the Gilgit-Baltistun Council on 20th September, 2012 and authenticated by the Chairman, Gilgit-Baltistan Council/Prime Minister of Pakistan, is hereby published for general information.

WHEREAS it is necessary to adapt and to enforce the Validation Ordinance, 2012 (VI of 2012) as in force in Pakistan and to provide for matters connected therewith and ancillary thereto;

It is hereby enacted as follows:—

1. Short title, extent and commencement.—(1) This Act may be called the Gilgit-Bultistan Council Validation (Adaptation) Act, 2012.

(2) It shall extend to the whole of Gilgit-Baltistan.

(3) It shall come into force at once.

3. Adaptation of the Validation Ordinance, 2012.—The Validation Ordinance, 2012 (VI of 2012), and all rules, notifications and orders made thereunder and in force immediately before the commencement of this Act are adapted and shall, as far as practicable, be in force in Gilgit-Baltistan subject to the following modifications, namely:—

(a) the expressions 'Government', 'Federal Government', President' or any other expression howsoever worded, referring to any Executive Government, shall, as far as practicable, be construed to refer to the Gilgit-Baltistan Council and reference to Pakistan or any part of Pakistan shall be construed to refer to Gilgit-Baltistan; and

(b) the expression "Provincial Government' shall be construed to refer to the Gilgit-Baltistan Government.

4. Previous laws to cease to have effect.—If immediately before the coming into force of this Act, there is in force in Gilgit-Baltistan any law corresponding to any law adapted by this Act, it shall, subject to the other provisions of this Act, cease to have effect on and from the date of the commencement of this Act:

Provided that the provisions of this Act shall not render invalid anything duly done before the commencement of this Act under the provisions of any previous law.

5. Removal of difficulty.—If any difficulty or question arises in giving effect to the provisions of this Act or in regard to the construction to be placed on any adaptation, the Council may, from time to time, make such provisions or give such directions, not inconsistent with the provisions of this Act, as appear to it to be necessary for the purpose of removing such difficulty.

Passed by the Gilgit-Baltistun Council on the 20th September. 2012.

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RULES, 2012

TAKAFUL RULES, 2012

[Gazette of Pakistan, Extraordinary, Part-II, 16^th July, 2012]

S.R.O. 877 (I)/2012.—In exercise of the powers conferred by sub-Section (1) of Section 167 of the Insurance Ordinance, 2000 (XXXIX of 2000) read with clause (Ixiv) of Section 2 and the second proviso to Section 120 thereof and S.R.O 708(I)/2009 dated 27 July 2009 having been previously published in the official Gazette for eliciting public comments the Securities and Exchange Commission of Pakistan, with the approval of the Securities and Exchange Policy Board, is pleased to make the Takaful Rules, 2012.

CHAPTER I
PRELIMINARY

1. Short title and commencement.—(1) These Rules shall be called the Takaful Rules, 2012.

(2) These Rules shall come into force at once. Existing Takaful Operators shall comply with the requirements of these Rules within period of six months from the notification in the Official Gazette.

2. Definitions.—(1) In these Rules, unless there is anything repugnant in the subject or context,—

(i) "Commission" means the Securities and Exchange Commission of Pakistan established under Section 3 of the Securities and Exchange Commission of Pakistan Act, 1997 (XLII of 1997);

(ii) "Contribution" means the amount payable by a Participant to an Operator under a Takaful Contract;

(iii) "Conventional Insurance" means life or non-life insurance under the Ordinance, including reinsurance, which is not Takaful as defined in clause (lxiv) of Section 2 of the Ordinance and Re-Takaful;

(iv) "Family Takaful" means Takaful for the benefit of individuals, groups of individuals and their families, as provided under sub-section (2) of Section 3 of the Ordinance;

(v) "General Takaful" means Takaful other than Family Takaful;

(vi) "Mudaraba Based Contract" means a Takaful contract based on the principle of Mudaraba;

(vii) "Ordinance" means the Insurance Ordinance, 2000 (XXXIX of 2000);

(viii) "Operator" means a Takaful Operator or a Window Takaful Operator, authorized under these Rules;

(ix) "Operator Fund" means a fund set up by a General Takaful Operator which shall undertake all transactions which the Operator undertakes other than those which pertain to Participant Takaful Funds set up by the Operator;

(x) "Operator sub-fund" means a sub-fund of a statutory fund set up by a Family Takaful Operator in which all takaful operator fees shall be credited and from which all expenses relating to the Statutory Fund which are not charged to any Participant Takaful Fund or Participant Investment Fund shall be debited;

(xi) "Participant" means a person who participates in a Takaful scheme and to whom a Takaful Contract is issued;

(xii) "Participant Investment Fund" means a separate group of assets forming a sub-fund of a statutory fund of a Family Takaful Operator which is to be used as a basis for determination of the benefits payable under a Family Takaful contract;

(xiii) "Participant Takaful Fund" means,—

(a) in the case of a Family Takaful Operator a sub-fund of a statutory fund into which the participant's risk related contributions are paid and from which risk related benefits are-paid out; and

(b) in the case of a General Takaful Operator a separate fund set up into which the participant's risk related contributions are paid and from which risk related benefits are paid Out;

(xiv) "Participants' Membership Documents" means the documents detailing the benefits and obligations of a Participant under a Takaful Contract;

(xv) "Principal Officer" means a person, by whatever designation called, appointed by a Takaful Operator and charged with the responsibility of managing the affairs of the Takaful Operator;

(xvi) "Registered Insurer" means an insurer registered with the Commission under Section 7 of the Ordinance to transact life or non-life insurance business;

(xvii) "Re-Takaful" means an arrangement for re-Takaful of liabilities in respect of risks accepted by the Operator in the course of carrying on Takaful business and includes ceding risks from Participant Takaful Funds to Re-Takaful Operator(s);

(xviii) "Shariah Advisor" means a person appointed by an Operator under rule 26;

(xix) "Shariah Advisory Board" means the Shariah Advisory Board constituted by, the Commission;

(xx) "Takaful Benefit" includes any benefit, whether pecuniary or otherwise, which is secured by a Takaful Contract;

(xxi) "Takaful Contract" means any contract of Family Takaful or General Takaful;

(xxii) "Takaful Operator" means a Registered Insurer who is authorized by the Commission to carry on Takaful business and not Conventional Insurance business;

(xxiii) "Wakala based contract" means a Takaful contract based on the principle of Wakala (agency); and

(xxiv) "Window Takaful Operator" means a Registered Insurer authorized under these Rules to carry on Takaful business as window operations in addition to Conventional Insurance business.

(2) Words and expressions used but not defined in these Rules shall, unless there is anything repugnant in the subject or context, have the same meaning as are assigned to them in the Ordinance.

CHAPTER II
AUTHORIZATION AND CONDITIONS TO TRANSACT
TAKAFUL BUSINESS

3. Prohibition to engage in Takaful Business without authorization.—(1) No person shall begin or continue to carry on Takaful business in Pakistan or use the word "Takaful" or undertake any activity in the nature of Takaful business, unless such person has obtained from the Commission a certificate of authorization to carry on Takaful business as Takaful Operator or as Window Takaful Operator, as the case may be, under these Rules:

Provided that the Takaful Operators registered under the Ordinance prior to the issuance of these Rules shall continue to carry on Takaful business and shall deemed to be authorized under these Rules.

(2) The issue of investment linked policies by life insurers transacting Conventional Insurance business where the underlying assets to which the value of such policies are linked are Shariah compliant shall not be deemed to constitute carrying on Takaful business.

4. Persons eligible to transact Takaful Business.—(1) No person other than a Registered Insurer and authorized in this behalf under these Rules shall be eligible to transact Takaful business.

(2) A Registered Insurer registered to transact life insurance business shall be eligible to transact Family Takaful and a Registered Insurer registered to transact non life insurance business shall be eligible to transact General Takaful.

(3) All provisions of the Ordinance and insurance rules pertaining to life insurance business shall be deemed to apply to Family Takaful business and all provisions of the Ordinance and insurance rules pertaining to non-life insurance business shall be deemed to apply to General Takaful business.

5. Application for Authorization as Takaful Operator.—(1) An application for authorization as a Takaful Operator shall be made to the Commission in such form along with such documents and information as may be specified from time to time.

(2) The Commission, while considering the application for authorization, may require the applicant to furnish such further information or clarification as it deems necessary.

(3) Any subsequent change in the information provided to the Commission at the time of filing of application under sub-rule (1) shall be intimated to the Commission within fourteen days of the occurrence of change.

(4) The applicant shall, if so required, appear before the Commission for a representation through an officer duly authorized for this purpose in writing by the board of directors of the applicant.

6. Application for Authorization as Window Takaful Operator.—(1) An application for authorization as a Window Takaful Operator shall be made to the Commission in such form along with such documents and information as may be specified from time to time.

(2) The Commission, while considering the application for authorization, may require the applicant to furnish such further information or clarification as it deems necessary.

(4) The applicant shall, if so required, appear before the Commission for a representation through an officer duly authorized for this purpose in writing by the board of directors of the applicant.

7. Transformation of a non-life insurer into a Takaful Operator.—(1) If in case a conventional non-life insurer wishes to transform its conventional business into Takaful business, it shall inform the Commission in writing about its intention for such transformation. The Commission shall on fulfillment of certain requirements, as may be specified from time to time, authorize the Registered Insurer as a Takaful Operator under Rule 9.

(2) The registered insurer after being authorized as Takaful Operator, shall cease to underwrite Conventional Insurance products immediately and shall be responsible to cover all liabilities incidental to its conventional business.

(3) Till such time the liabilities related to the Conventional Insurance business of such a transformed Takaful Operator are fully paid off, it shall be reported in the Operator Fund of the Takaful Operator.

8. Refusal to grant authorization.—(1) No application for authorization made under rule 5 or rule 6 shall be refused without giving the applicant a reasonable opportunity of being heard.

(2) In case the Commission refuses to grant authorization to an applicant, the decision shall be communicated to the applicant in writing stating therein the reasons for such refusal.

(3) The applicant, being aggrieved by the decision of the Commission under sub-rule (2), may apply, within a period of thirty days from the date of receipt of such communication, to the Commission for review of its decision.

(4) On receipt of the application made under sub-rule (3), the Commission shall review its decision and communicate its findings, in writing, to the applicant within thirty days and the decision of the Commission in this regard shall be final.

9. Grant of authorization.—(1) The Commission on being satisfied, that the applicant under rule 5 (1) or rule 6 (1), as the case may be, is eligible for authorization and has complied with the requirements of the Ordinance and these Rules, may grant a certificate of authorization to the applicant in Form A or Form B respectively annexed to the rules.

(2) The Commission may, while authorizing an applicant as a Takaful Operator or Window Takaful Operator, specify conditions for such authorization to be complied with by the Takaful Operator or Window Takaful Operator in such manner, as it may deems fit.

(3) The certificate of authorization shall remain valid unless it is revoked or suspended by the Commission.

(4) Nothing in this rule shall prevent the Commission from exercising the powers available to it under Section 63 of the Ordinance to direct an Operator to cease entering into new Takaful Contracts.

10. Conditions applicable to Operator.--(1) An Operator,—

(a) shall appoint a Shariah Advisor in accordance with the provisions of these Rules;

(b) shall appoint a Shariah compliance auditor in accordance with the provisions of these Rules;

(d) carrying on Family Takaful business shall set up one or more statutory funds exclusively for Takaful business;

(e) carrying on Family Takaful business shall divide each statutory fund set up for Takaful business into a number of sub-funds namely Participant Takaful Funds, an Operator sub-fund and in case of investment contracts a Participant Investment Funds;

(f) carrying on General Takaful business shall set up one or more Participant Takaful Funds and an Operator Fund;

(g) shall ensure that all investments made for the purposes of Takaful business are made in accordance with the investment policy approved by its Shariah Advisor;

(h) shall ensure that assets and liabilities of each Participant Takaful Fund and each Participant Investment Fund are segregated from its other assets and liabilities;

(i) shall ensure that receipts to and payments from each Participant Takaful Fund are made in accordance with the provisions of these Rules;

(j) shall ensure that the Participant Takaful Fund, at all times, carry reserves as may be specified by the Commission;

(k) shall ensure that in case of General Takaful each Participant Takaful. Fund, at all times, has admissible assets in excess of its liabilities:

Explanation: For this purpose any amount receivable from the Operator shall be deemed to be inadmissible.

(l) shall ensure that in case of Family Takaful each Statutory Fund is in compliance with the solvency requirements under the Ordinance:

Explanation: For this purpose any amount receivable from the Shareholders Fund or any Operator sub-fund shall be deemed to be inadmissible.

(m) shall ensure that the benefits and obligations of each Participant under a Takaful Contract are documented in a Participant Membership Document;

(n) shall manage each Participant Takaful Fund in accordance with the provisions of these Rules;

(o) shall formulate detailed policies for each Participant Takaful Fund with the approval of its Shariah Advisor;

(p) shall provide funds by way of qard-e-hasna to the Participant Takaful Fund in accordance with the provisions of these Rules;

(q) shall determine surplus or deficit in each Participant Takaful Fund in accordance with the provisions of these rules;

(r) shall set the fee structure and the profit sharing ratio for investment management in accordance with the provisions of these Rules on the advice of the Shariah Advisor and in case of Family Takaful with the approval of the appointed actuary also; and

(s) shall accept risk under, re-takaful or participate on co-takaful basis, only where the policy is issued by an Operator as Takaful Contract under these Rules:

Provided that the Operator may, with the approval of its Shariah Advisor, be allowed to participate on co-insurance basis with conventional insurers up till December 31, 2013.

(2) An Operator shall not,—

(a) distribute any material to any person on the extent to which the products of other Operators are compliant with Shariah; and

(b) make payment out of Participant Takaful Fund for marketing or sales expenses (including commissions), administrative and management expenses.

11. Further Conditions applicable to Window Takaful Operator.—(1) In addition to the conditions under Rule 10, a Window Takaful Operator,—

(a) shall ensure that all its documents pertaining to the takaful operations shall carry the words "Window Takaful Operations" prominently below the company's name;

(b) shall report its assets, liabilities, revenues and expenses separately for each segment of its Conventional business and Takaful business;

(c) shall comply with the provisions of these Rules or such other conditions as may be imposed by the Commission from time to time;

(d) shall appoint a whole time head of window takaful operations who shall possess relevant experience and knowledge as may be specified by the Commission and shall not be associated with the conventional insurance operations, in any manner.

12. Revocation of Authorization.—(1) The Commission may by order suspend or revoke the authorization of an Operator either wholly or in respect of a class of business, as the case may be, if it is satisfied that,—

(a) the Operator is carrying on its operations in a manner which is not approved by its Shariah Advisor;

(b) the Operator has not commenced business within twelve months after being authorized;

(d) the Operator has failed to maintain a surplus of admissible assets over liabilities in each Participant Takaful Fund, in case of General Takaful business in accordance with the provisions of these Rules;

(e) the Operator has failed to comply with solvency requirements in case of Family Takaful;

(f) the Operator is carrying on its Takaful business in a manner likely to be detrimental to the interests of its Participants;

(g) the Operator has failed to effect adequate Re-Takaful arrangements;

(h) the Operator is contravening or has contravened the provisions of the Ordinance, rules, regulations made thereunder;

(i) the Operator has furnished false, misleading or inaccurate information or has concealed or failed to disclose material facts in its application for authorization;

(j) it is in the public interest to cancel the authorization.

(2) No orders shall be made under sub-rule (1) except after giving the Operator, a reasonable opportunity of being heard.

CHAPTER III
CONDUCT OF TAKAFUL BUSINESS

13. Establishment of Participant Takaful Fund.—(1) An Operator shall, for each Participant Takaful Fund, formulate Participant Takaful Fund Policies defining:—

(a) risks being covered, specifically with reference to classes of business defined in Section 4 of the Ordinance (relating each such risk with classes of business as defined in Section 4 of the Ordinance);

(b) the events upon which amounts would be payable from the Participant Takaful Fund to a participant and the method of determination of the amount payable;

(d) the method and frequency of determining surpluses or deficits of the Participant Takaful Fund, including a definition of how any reserves being set aside in determining such surpluses or deficits are to be arrived at;

(e) the method of disposing of any surplus;

(f) the method of extinguishing any deficit; and

(g) the procedure of dissolution of Participant Takaful Fund.

(2) The Participant Takaful Fund Policies shall be approved, by the Shariah Advisor of the Operator. A copy of the Participant Takaful Fund policy relevant to, each Takaful Contract shall be made available to any Participant who requests a copy and shall also be available on the Takaful Operator's web-site.

(3) Copies of the Participant Takaful Fund Policies shall be provided to the Commission at least fifteen days before any risk is accepted in any new Participant Takaful Fund and for all existing Participant Takaful Funds, the Participant Takaful Fund policy documents shall be submitted to the Commission within ninety days of coming into effect of these Rules.

14. Establishment of Participant Investment Funds.—An Operator carrying on Family Takaful business and issuing contracts which have an investment component shall establish one or more Participant Investment Funds which will be sub-funds of a statutory fund set up for conducting Takaful business.

15. Participant Membership Document.—(1) The benefits and obligations of each Participant under a Takaful Contract shall be documented in a Participant Membership Document detailing therein the terms and conditions relating to the relationship amongst the Participants and between the Participants and the Takaful Operator including the following:

(a) rights and obligation of Participants;

(b) procedure for division of Contribution between Participant Takaful Funds, Participant Investment Funds and Operator fund/sub-fund;

(d) procedure for and timing of transfer of funds between Participant Takaful Funds, Participant Investment Funds and Operator fund/sub-fund;

(e) procedure for claims and payment of Takaful Benefits and the method of determining such benefits, including, if applicable, any limitations and exclusions;

(f) in case of Family Takaful contracts, the procedure for pooling of moneys for investment purposes under the Participant Investment Fund; and

(g) terms and conditions on which the Operator will manage the Participant Takaful Fund and Participant Investment Fund.

16. Register of Takaful Contracts.—Each Operator shall maintain a register of Takaful Contracts in such form as may be specified by the Commission and shall be kept at its principle place of business.

17. Segregation of Contributions and Funds-General Takaful.—(1) All Contributions recognized under General Takaful contracts, net of any Government levy, shall be credited to one or more Participant Takaful Funds.

(2) All Contributions into a Participant Takaful Fund shall be deposited in a bank account designated as belonging to the Participant Takaful Fund or be paid across to such an account within seven days of receipt.

(3) All income received on assets of a Participant Takaful Fund and receipts from Re-Takaful operators relating to the Participant Takaful Fund shall be deposited in bank accounts designated as belonging to the Participant Takaful Fund or be paid across to such account within seven days of receipt.

(4) All assets, liabilities, income and expenditure of a General Takaful Operator which do not relate to a Participant Takaful Fund shall be deemed to be part of the Operator's Fund.

18. Segregation of Contributions and Fund-Family Takaful.—(1) Contributions under Family Takaful Contracts, net of any Government levy, shall be segregated into the risk component and takaful operator's fee, and, if relevant, the investment component.

(2) The risk component shall be credited to one or more Participant Takaful Funds; the takaful operator's fee to an Operator sub-fund and any investment component to one or more Participant Investment Funds.

(3) The determination of each component shall be in accordance with provisions of each Family Takaful Contract.

(4) All Contributions credited to a Participant Takaful Fund or Participant Investment Fund shall be deposited in a bank accounts designated as belonging to Participant Takaful Fund and Participant Investment Fund or paid across to such account within seven days of receipt.

(5) All income received on assets of a Participant Takaful Fund and receipts from Re-Takaful operators relating to the Participant Takaful Fund shall be deposited in bank account designated as belonging to the Participant Takaful Fund or be paid across within seven days of receipt.

(6) All income received on assets of a Participant Investment Fund shall be deposited in bank account designated as belonging to the Participant Investment Fund or be paid across within seven days of receipt.

19. Receipt, Payment, and Reserves to be Held in Participant Takaful Funds.—(1) The receipts of a Participant Takaful Fund shall consist of the following, namely:—

(a) Contributions from Participants (in the case of a Family Takaful Operator, net of any amounts credited directly to Participant Investment Funds or the Operator sub-fund);

(b) share of claims from Re-Takaful operators;

(d) in the case of General Takaful, salvages and recoveries;

(e) qard-e-hasna;

(f) rebate/commission from re-Takaful operators/reinsurers;

(g) share of surplus from Re-Takaful operators; and

(h) any donation made by the shareholders of the Operator.

(2) The payments from a Participant Takaful Fund shall consist of the following, namely:—

(a) any third party costs directly associated with underwriting (specifically medical examination, pre-cover inspection/surveys, costs of installing tracking systems or any consulting costs related with assessing or reducing the risks being covered), if it has been earlier credited to the Participant Takaful Fund;

(b) claims paid related to risks covered under the Participant Takaful Fund and expenses directly related to settlement of claims such as surveyors' and investigators' fees, etc;

(d) Takaful operator's fees if it has been credited to the Participant Takaful Fund;

(e) share of investment profits of the mudarib or wakala fees for investment management or any other combination thereof approved by the Appointed actuary in the case of Family Takaful operator and Shariah Advisor of the General Takaful Operator;

(f) surplus distributed to Participants;

(g) refund of any Contribution due to Participants; and

(h) return of qard-e-hasna to the Operator fund / Operator sub-fund.

20. Qard-e-hasna.—(1) In the case of a General Takaful if, at any point in time admissible assets in a Participant Takaful Fund are not sufficient to cover liabilities , the deficit shall be funded by way of actual transfer of funds as. qard-e-hasna (interest free loan) from the Operator's Fund to that Participant Takaful Fund.

(2) In the case of Family Takaful if, at any point in time a Statutory Fund is not solvent as per the provisions of the Ordinance, the deficit shall be funded by way of actual transfer of funds as qard-e-hasna (interest free loan) from the Shareholders' Fund to that Statutory Fund.

(3) In the event of surplus in a Participant Takaful Fund to which a Qard-e-Hasna has been made, the Qard-c-hasna shall be repaid prior to distribution of surplus to Participants.

(4) If there is deficit in a Participant Takaful Fund for three consecutive years, the Operator shall submit a report signed by the Principal Officer in case of General Takaful and by the appointed actuary also in case of Family Takaful, to the Commission within 30 days of the submission of the regulatory returns under Section 46(1) of the Ordinance explaining the reasons thereof.

21. Sharing of surplus.—(1) At the end of each financial year the Operator shall evaluate the assets and liabilities of each Participant Takaful Fund and determine whether the Participant Takaful Fund is in surplus or deficit.

(2) A Family Takaful operator shall formulate the mechanism for determination and distribution of surplus duly approved by its appointed actuary, he surplus distribution frequency & its mechanism shall be prepared by the appointed actuary in case of the Family Takaful operator.

(3) Subject to sub-rule (2) the surplus distribution mechanism shall specify the frequency, method, entitlement conditions, basis and form of surplus distribution.

(4) In the case of General Takaful operators, the operator shall formulate the surplus distribution mechanism for distribution of surplus.

(5) The Commission may specify the surplus distribution mechanism for general takaful operators.

(6) A Participant may donate its surplus for social or charitable purposes and may request the Operator to arrange for the transfer of the donation.

22. Investment management of funds.—Investment of Contributions in the Participant Takaful Fund and in the Participant Investment Fund shall be managed under a wakala contract, a Modaraba contract or a combination contract as determined to be sound and workable by the Shariah Advisor of the Operator.

23. Re-Takaful.—(1) An Operator shall have adequate Re-Takaful arrangements for Re-Takaful of liabilities in respect of risks undertaken or to be undertaken by the Operator in the course of its carrying on Takaful business.

(2) In the event that the limit provided by a Re-Takaful Operator is not sufficient to support the business strategy of the Takaful Operator, the Takaful Operator under the advice of its Shariah Advisor may be allowed to enter into reinsurance contracts with conventional reinsurance companies till December 31.2013.

Part IV

WINDOW TAKAFUL OPERATIONS

24. Transfers of funds by Conventional Insurer into Takaful Business Statutory Funds, Participant Takaful Funds and Participant Investment Funds.—(1) A Conventional Insurer carrying on life Insurance business and authorized by the Commission as Window Takaful Operator for Family Takaful may transfer funds from Shareholders1 Fund to the statutory fund for its Takaful business.

(2) A Conventional Insurer carrying on non-life Insurance business and authorized by the Commission as Window Takaful Operator may transfer funds from Operator Fund to a Participant Takaful Fund.

Part V

COMPLIANCE WITH PRINCIPLES OF SHARIAH

25. Shariah Advisory Board.—(1) The Commission may establish a Shariah Advisory Board consisting of such number of members as may be decided by the Commission.

(2) The Shariah Advisory Board will be responsible to formulate policies and guidelines for operation and management of Takaful business in line with Shariah principles.

(3) If in the opinion of the Commission different treatment for a similar operational issue is adopted by various operators, with the approval of their Shariah Advisor, the matter shall be resolved by the Shariah Advisory Board and the findings of the Shariah Advisory Board shall be final.

(4) The Commission may assign any other responsibility to the Shariah Advisory Board from time to time.

26. Shariah Advisor.—(1) Each Operator shall appoint a Shariah Advisor who shall be responsible for:

(a) the approval of products including all related documentation;

(b) approval of Participant Takaful Fund policy;

(d) approval of Re-Takaful arrangements; and

(e) approval for the distribution of surplus to participants.

(2) Each Operator shall obtain prior approval from the Commission for appointment of its Shariah Advisor at the time of commencing Takaful business and at later dates if there is a change.

(3) The Commission may within thirty days of such submission based on reasonable grounds, require an Operator to change its Shariah Advisor.

(4) The Shariah Advisor, in discharging his responsibilities under sub-rule (1), shall ensure adherence to conditions specified by the Commission upon the advice of the Shariah Advisory Board on all matters.

(5) Where an Operator is required to file a document with the Commission which requires prior approval of the Shariah Advisor, the Operator shall along with the requisite document annex the approval of the Shariah Advisor.

(6) the minimum qualification and experience of the Shariah Advisor of the takaful operators/window takaful operators shall be as follows:

(a) Educational Qualification:

Shahadat ul Aalmia Degree (Dars e Nizami) from Madaris recognized by the Higher Education Commission of Pakistan with a certificate in Takhasus fil Ifta/Takhasus fil Fiqh and adequate knowledge of Islamic finance and takaful.

(b) Experience and Exposure:

Must have at least 4 years experience of giving Shariah rulings including the period of Takhasus fil Ifta or Takhasus fil fiqa and must also have sufficient command over English language and applicable Pakistani laws.

(7) A person cannot work as Shariah Advisor at a time for more than three Operators in Pakistan.

27. Shariah Compliance Officer.—(1) An Operator shall appoint with the advice of the Shariah Advisor, a Shariah compliance officer.

(2) The Shariah compliance officer shall ensure that all the policies formulated and approved by the Shariah Advisor are implemented in the operations of the Operator.

(3) The Shariah compliance officer shall directly report to the Shariah Advisor of the Operator and cannot be removed without his permission.

Part IV

MISCELLANEOUS

28. Training.—(1) Each Operator shall provide training to all its managerial level personnel and entire sales force on the concept and operations of Takaful.

(2) The operator may arrange an in house training program with prior approved training course outline from the Commission and the Operator can also get their managerial level personnel and sales force trained through institutions approved by the Commission to provide this training.

(3) Such training course shall be conducted for a minimum of twenty hours duration.

(4) The training course referred in sub rule (1) should be completed within one year, in case of existing employees and from the date of notification of these Rules and in case of new employees from the date of their induction.

29. Accounting and Reporting.—(1) The Commission shall issue accounting regulations for accounting treatments for Takaful operations of the Operators.

(2) For the purposes of sub-sections (1) and (2) of Section 46 of the Ordinance the statements shall be furnished in the form as may be specified by the Commission.

30. Shariah Compliance Audit.—(1) An Operator shall appoint an external Shariah compliance auditor who will conduct its audit for each accounting period.

(2) The Shariah compliance audit shall report on the state of compliance by the Operator with the requirements of these Rules.

(3) The Shariah Compliance auditor shall submit its report on Shariah audit of the Operator to the Board of Directors and Shariah Advisor of the Operator and to the Commission along with the regulatory returns furnished under Section 46 of the Ordinance.

(4) Auditors as defined under sub-section (v) of Section 2 of the Ordinance, having adequate resources to conduct Shariah audit shall be eligible to carry on Shariah compliance audit.

31. Repeal and savings.—(1) Takaful Rules, 2005 are hereby repealed.

(2) Save as otherwise specifically provided, nothing in these Rules, or any repeal effected thereby, shall affect or be deemed to affect anything done, action taken, investigation or proceedings commenced, order, appointment, conveyance, mortgage deed, document or agreement made, fee directed, resolution passed, direction given, proceedings taken or instrument executed or issued, under or in pursuance of any rules or notifications repealed by these Rules and any such thing, action, investigation, proceedings, order, appointment, conveyance, mortgage deed, document, agreement, fee, resolution, direction, proceedings or instrument shall if in force at the coining into force of these Rules and not inconsistent with any of the provisions of these Rules, continue to be in force, and have effect as if it were respectively done, taken, commenced, made, directed, passed, given, executed or issued under these Rules.

------------------------

FORM-A

[See Rule 5 of the Takaful Rules, 2012]

SECURITIES AND EXCHANGE COMMISSION OF PAKISTAN

Authorization Reference No ………………………..

AUTHORISATION UNDER RULE 5 OF THE TAKAFUL RULES, 2012 TO ACT AS A TAKAFUL OPERATOR

The Securities and Exchange Commission of Pakistan having considered the application for grant of authorization filed under Rule 5 of the Takafur Rules, 2012 by …………………………………….. bearing Insurance Registration #..............................dated………………..and now being satisfied that the said company is eligible to transact Family / general Takaful business, hereby grants, in exercise of powers conferred under Rule 9 of the Takaful Rules 2012, authorization to transact classes of Family / general Takafuf business as specified herein below.

Executive Director

Date/Place of Issue…………………………..

Classes of business which may be transacted:

………………………………………

FORM-B

[See Rule 6 of the Takaful Rules, 2012]

SECURITIES AND EXCHANGE COMMISSION OF PAKISTAN

Authorization Reference No……………………….

AUTHORISATION UNDER RULE 6 OF THE TAKAFUL RULES, 2012 TO UNDERTAKE TAKAFUL WINDOW OPERATION IN RESPECT OF FAMILY OR GENERAL TAKAFUL PRODUCTS

The Securities and Exchange Commission of Pakistan having considered the application for grant of authorization filed under Rule 6 of the Takaful Rules, 2012 by……………………..bearing Insurance Registration #..................dated………………………..and now being satisfied that the said company is eligible to transact Window Takaful Operation in respect of Family or General- Takaful products, hereby grants, in exercise of powers conferred under Rule 9 of the Takaful Rules 2012, authorization to transact classes of Window Takaful business in respect of Family / General Takaful products as specified herein below.

Executive Director

Date/Place of Issue………………………….

Classes of business which may be transacted:

………………………………………

---------------------------------

ACT NO. XVII OF 2013

GLOBAL CHANGE IMPACT STUDIES CENTRE
ACT, 2013

An Act to provide for establishment of Global Change Impact Studies Centre

[The Gazette of Pakistan, Extraordinary, Part-I, 26^th March, 2013]

No. F. 9(8)/2013-Legis.—The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 22nd March, 2013, is hereby published for general information:—

WHEREAS significant climate change is taking place due to human interference with nature which is resulting in global warming and occurrence of extreme events such as floods, droughts, tornadoes, etc. with far-reaching consequences for human life;

AND WHEREAS, it is expedient to provide for the establishment of Global Change Impact Studies Centre (GCISC) to undertake scientific investigations of the phenomenon of climate change at regional and sub-regional levels and study its impact on various sectors of socio-economic development in order to prepare the country to meet threats to its water resources, agriculture, ecology, energy, health, bio-diversity etc, and for matters connected therewith or ancillary thereto;

It is hereby enacted as under:—

CHAPTER I
PRELIMINARY

1. Short title, extent and commencement.—(1) This Act may be called the Global Change Impact Studies Centre Act, 2013.

(2) It extends to the whole of Pakistan,

(3) It shall come into force at once.

2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—

(a) "Board" means the Board of Governors established under Section 5;

(b) "Centre" means the Global Change Impact Studies Centre (GCISC) established under section 3;

(d) "employees" means persons employed by the Centre;

(e) "Executive Director" means the Executive Director of the Centre appointed under Section 9;

(f) "Fund" means the Global Change Impact Studies Centre Fund established under Section 10;

(g) "prescribed" means prescribed by rules; and

(h) "research studies" means theoretical or experimental research work, including modeling and simulation techniques undertaken to acquire knowledge of fundamental principles of the climate change phenomenon and its impacts.

CHAPTER II
GLOBAL CHANGE IMPACT STUDIES CENTRE

3. Establishment of the Global Change Impact Studies Centre.—(1) There shall be established a Global Change Impact Studies Centre (GCISC), to carry out the purposes and objectives of this Act.

(2) The Centre shall be a body corporate, having perpetual succession and a common seal, with power to acquire and hold property, both moveable and immoveable, and sue and be sued in its own name.

(3) The headquarters of the Centre shall be at Islamabad and it may establish its regional offices at such places as it may consider appropriate.

(4) The Centre shall keep close liaison with the corresponding Province level Centres as and when they are established. The Centre shall also help in the capacity building of such Provincial institutions.

4. Functions of the Centre.—(1) The Centre shall take all measures to accelerate research work necessary for the study of climate change and its impacts on various sectors of socio-economic development such as water resources, agriculture, ecology, energy, health, bio-diversity, etc.

(2) The Centre shall, in order to carry out its functions,—

(a) prepare and submit for approval of the Board schemes or projects, including joint projects with national, foreign or international entities;

(b) proceed to give effect to proposals, schemes or projects as approved by the Board;

(c) enter into collaboration and joint ventures with domestic and foreign entities for research studies related to the climate change phenomenon;

(d) hold seminars, conferences, workshops, training courses, etc., and publish research papers, etc;

(e) advise and recommend to government agencies sectoral guidelines for adaptation and mitigation efforts in relation to climate change;

(f) generate public awareness of the phenomenon of climate change and its likely impacts; and

(g) perform such other acts as may be necessary for achievement of the purposes of this Act.

CHAPTER III
MANAGEMENT AND ADMINISTRATION OF THE CENTRE

5. Board of Governors.—(1) The general direction and administration of the Centre and its affairs shall vest in the Board of Governors which shall determine and execute policies of the Centre and may exercise all powers and do all acts, which may be required to be exercised or done by the Centre, relating to its functions, in accordance with this Act.

(2) For furthering the functions of the Centre, the Federal Government may, as and when it considers necessary, issue directives to the Centre on matters of policy. If a question arises as to whether any matter is a matter of policy or not, the decision of the Federal Government thereon shall be final.

(3) The Board shall consist of the Chairman who shall be the Federal Minister-in-charge of the concerned Ministry dealing with the subject of climate change, ex-officio members and the following members to be appointed by the Federal Government,—

(a) Secretary, Ministry dealing with the
subject of climate change Vice-Chairman

(b) Secretary, Ministry of Finance Member

(d) Secretary, Ministry of Water and Power Member

(e) Secretary, Ministry dealing with the
subject of national food security and
research Member

(f) Secretary, Ministry of Industries Member

(g) Director General, Pakistan Meteorological
Department Member

(h) Chairman, Space and Upper Atmosphere
Research Commission. Member

(i) Secretary, Environment or of the relevant
Department and one Technical Expert
nominated by respective Provincial
Governments, Azad Government of the
Jammu and Kashmir and Gilgit-Baltistan Member

(j) three eminent scientists Members

(k) two eminent representatives from
private Sector Members

(l) Executive Director of the Centre Member

(4) In absence of the Chairman, the Vice-Chairman shall exercise powers of the Chairman.

(5) The Executive Director shall act as the Secretary of the Board.

(6) The Federal Government may vary constitution of the Board as and when it may deem appropriate.

6. Functions and powers of the Board.—The Board shall—

(a) have administrative and financial powers for operation and maintenance of the Centre and to perform all functions vested in the Centre; and

(b) oversee administrative and financial operation and maintenance of the Centre and for that purposes perform the following functions, namely:—

(i) delegate administrative and financial powers to various functionaries of the Centre in the manner prescribed;

(ii) prescribe service rules, recruitment rules, selection criteria, terms and conditions in all cadres for regular appointment or short term contract engagements for junior, middle and senior level professionals, consultants, experts and advisers in the fields relevant to the programmes and other employees of the Centre;

(iii) approve the budget estimates as per provision in the budget of the Centre and utilization of funds on annual basis and exercise the powers in accordance with the rules, procedures and instructions specified by the Federal Government;

(iv) approve creation of posts in the Centre;

(v) prescribe rules for training and lay down terms and conditions for training of employees of the Centre; and

(vi) monitor and approve progress reports prior to their submission to the Federal Government.

7. Terms of office of members.—(1) The members, other than ex-officio members, shall be appointed for a period of three years by the Federal Government and shall be eligible for re-appointment for one more term of three years.

(2) The members, other than ex-officio members, may at any time resign their offices by a letter addressed to the Federal Government, through the Chairman of the Board, provided that no resignation shall take effect until accepted by the Federal Government.

(3) An ex-officio member of the Board shall cease to be a member when he ceases to hold that office or post by virtue of which he was an ex-officio member.

(4) The Federal Government may at any time terminate the appointment of any nominated member without assigning any reason.

8. Meetings of the Board.—(1) The Board shall regulate procedure for its meetings.

(2) The meeting of the Board shall be convened and chaired by the Chairman and, in his absence, by the Vice-Chairman, on such date, time and place as may be specified by him, provided that—

(a) meeting shall be held on quarterly basis; and

(b) at least two weeks prior notice shall be given to the members specifying date, time and place of the meeting.

(3) The annual report and the accounts of the Centre for each financial year shall be submitted at a meeting of the Board to be held within six months of the close of that year for approval, adoption and record.

(4) The quorum of the meeting of the Board shall be fifty per cent of the total membership.

(5) All decisions at a meeting of the Board shall be by a majority vote of the members present and voting, and in case of a tie, Chairman shall exercise a casting vote.

(6) Any emergent business may be transacted by the Board by circulation among its members and any proposal so circulated and approved by a majority of the members shall be deemed to have been approved by the Board in its regular meeting.

(7) All orders, resolutions, determinations and decisions of the Board shall be properly recorded in writing by the Secretary of the Board for the approval of Chairman and circulation to the members.

9. Executive Director.—(1) There shall be an Executive Director of the Centre who shall be its chief executive officer. He shall be a person with extensive relevant education, technical and administrative experience and shall be appointed on contract basis in such manner and on such terms and conditions as may be prescribed.

(2) The Executive Director shall—

(a) exercise administrative and financial powers as delegated by the Board for the operation and maintenance of the Centre. He shall also have the powers as given by the Board to supervise preparation and disbursement of budget of the Centre;

(b) submit annual accounts and budget proposals for approval of the Board;

(d) prepare annual reports and such other reports as may be required for consideration by the Board;

(e) ensure implementation of the decisions of the Board; and

(f) exercise such other financial and administrative powers as may be delegated to him by the Board.

CHAPTER IV
FINANCIAL PROVISIONS

10. Global Change Impact Studies Centre Fund.—(1) There shall be a Fund to be known as the Global Change Impact Studies Centre Fund. The Fund shall vest in the Centre and shall be used by the Centre to meet its expenses.

(2) The Fund shall comprise,—

(a) such sums as the Federal Government may allocate to the Centre in the annual budget;

(b) grants or loans from the Federal Government and the Provincial Governments, or other such institutions or states with approval of the Federal Government;

(d) donations, gifts, bequests, etc; and

(e) all other sums which may by any manner become payable to or vest in the Centre in respect of any matter.

(3) The Centre shall exercise highest standards of prudence as far as expenditures are concerned.

11. Budget.—The Centre, with approval of the Board, shall, by such date in each year as may be prescribed, submit to the Federal Government for approval, a budget in the prescribed form for each financial year showing estimated expenditure and the sums which are likely to be required from the Federal Government during that financial year.

12. Pay scales.—The employees of the Centre shall be given Special Pay Scales (SPS) and shall also be entitled for any time to time increases, allowances or revisions in salary as are allowed to the employees of other organizations drawing SPS.

13. Maintenance of accounts.—The Centre shall ensure proper maintenance of accounts and shall after the end of each financial year prepare a statement of accounts which shall include a balance sheet and an account of government funds receipt and expenditure.

14. Audit.—The accounts of the Centre shall be audited each year by the Auditor-General of Pakistan, in accordance with relevant rules of the Centre and other applicable laws.

CHAPTER V
MISCELLANEOUS PROVISIONS

15. Annual report.—Within ninety days from the end of each financial year, the Centre shall cause a report to be prepared on its activities including research studies conducted by the Centre during that financial year. The report shall be presented to the Board in its next meeting for approval. After approval by the Board, the report shall be released to public and presented to the President of Pakistan.

16. Recruitment of officers and staff.—(1) With approval of the Board, all existing employees of the GCISC, hereinafter referred to as the Project, shall, notwithstanding anything contained in any law or in any agreement, deed, document or other instrument, stand absorbed and transferred with the existing SPS to the Centre, after obtaining prior consent front such employees of the Project and shall be deemed to have been appointed or engaged by the Centre in accordance with the terms and conditions which shall not be less favourable than those in the Project and no employee whose services are so absorbed and transferred shall be entitled to any compensation because of such absorption or transfer.

(2) The Centre, with approval of the Board, may prescribe the procedure, terms and conditions of service for appointment of its officers and staff. The regional or provincial quota for initial appointment shall be observed in accordance with the instructions issued by the Federal Government. The appointments to the posts of advisers, consultants, visiting scientists or experts shall be made in the Centre as per delegation of powers given by the Board.

(3) The disciplinary and misconduct cases of the employees of the Centre shall be governed in accordance with rules of the Federal Government.

(4) The employees of the Centre shall be entitled to such pension and gratuity or provident fund scheme as in force for Federal Government employees, from such date as the Board may notify.

17. Appointment by deputation.—The Centre may appoint on deputation officers or staff of other Divisions or Departments or bodies or corporations, on equivalent or higher posts.

18. Delegation of powers.—The Board may, by general or special order in writing, direct that such of its powers shall, in such circumstances and under such conditions as may be prescribed, be exercisable also by the Executive Director or by any other member or officer of the Centre.

19. Cooperation with international organizations, etc.—The Centre may, subject to approval of the Federal Government, cooperate with foreign or international organizations concerned with climate change-related research and studies. It shall act as facilitator for promoting cooperation between the climate change national institutions or organizations and relevant foreign and international organizations.

20. Discoveries and inventions.—All rights including international property rights related to discoveries and inventions made by any officer or employee of the Centre in the course of his employment shall vest in the Centre.

21. Validity of proceedings.—No act or proceeding of the Centre or the Board shall be invalid by reason only of the existence of a vacancy in, or defect in constitution of, the Centre or the Board, as the case may be.

22. Indemnity.—No suit, prosecution or other legal proceedings shall lie against the Centre, the Board, the Chairman or any member, officer, staff, adviser or consultant of the Centre in respect of anything done or intended to be done in good faith under this Act or the rules made thereunder.

23. Common seal.—(1) The Centre shall have a common seal and such seal be kept by the Executive Director or such other person as may be authorized by the Executive Director.

(2) The seal shall be authenticated in the manner as may be prescribed and any document purported to be sealed with the seal so authenticated shall be receivable as evidence of the particulars as stated in the document.

24. Winding up.—The Centre shall not be wound up except by an order of the Federal Government in such manner as the Federal Government may prescribe.

25. Powers to make rules.—The Board may, with the approval of the Federal Government and by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

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Pak Law

Tuesday, 27 October 2015

NEPRA REGULATIONS, 2012

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