, EXTRAORDINARY PUBLISHED BY AUTHORITY PART I Acts, Ordinances, President’s Orders and Regulations NATIONAL ASSEMBLY SECRETARIAT Islamabad, the 8th January, 1976 The follc.ring Acts of Parliament received the assent of the President on the 14 January, 1976, and are hereby published for general information ;— ACT No, | oF 1976 {1 Act further to.amend the Pakistan International Airlines Corporation Act, 1956 ‘WueRreAs it is expedient further to amend the Pakistan International Air- aes- Corporation Act, 1956 (XIX of 1956), for the purposes hereinafter appear- ing’ Tt is hereby enacted as follows :— > |; Short title and commencement.—(1) This Act may be called the Pakis- n International Airlines Corporation, (Amendment) Act, 1975. (2) It shall come,into force at once. 2. Amendment of section 2, Act XIX of 1956.—In the Pakistan International Airlines Corporation Act, 1956 (XIX of 1956), hereinafter referred to as the said Act, in section 2, after clause (a), the following new clause shall be inserted, namely :— “*(aa) *Chitirman’ means the Chairman of the Board ; ” 3, Substitution of section 6, Act XIX of 1956.—In the said Act, for section X he following’ shall be substituted, namely :-— “6. Board of Directors—(1) The Board of Directors shall consist of the following ten Directors, namely :— *(@) The Chairman ; (by seven Directors to be nominated by the Federal Government ; and > ~~. oO es . Price : Ps, 19 (STL Ex. Gaz.)THE GAZETTE OF PAKISTAN, EXTRA (©) two Directors to be elected by the shareholders other than Federal Government. (2) Every Director, other than the Chairman, shall— (a) ‘perform such special duties as the Board may, by regulations, asg to him ; and (b) receive such remuneration, fees or allowances, and enjoy privileges, as the Federal Government may determine”. 4. Amendment of section 7, Act XIX of 1956.—In the said Act, section] 7, in sub-section (1), the words “other than the Managing Director” shall ig 4 omitted. 5. Substitution of section 8, Act XIX of 1956.—In the said Act, for secti 8 the following shall be substituted, namely :— “8. Chairman.—(1) The Federal Government shall appoint a Chairmal of the Board, who shall be the chief executive of the Corporation (2) The Chairman shall, unless removed earlier, hold office for a ps f three years on such terms and conditions as the Federal Gov ‘Ment may determine ; and shail, subject as aforesaid, be eligible folf ‘ re-appointment. (3) The Chairman shall exercise such powers and perform such functis as may be assigned to him by the Board or as the Federal Governm: may, from time to time, determine. (4) The Chairman shall receive such remuneration, fees or allowang and enjoy such privileges, as the Federal Government may determi -8A. Managing Director—(1) There shall be a Managing Director of Corporation. who shall be appointed by the Federal Government af consultation with the Chairman. (2) The Managing Director shall hold office for such period, and BM. subject fo such terms and conditions of service, as the Federal vernment may determine after consultation with the Chairman. (3) The Managing Director shall exercise such powers. and perform st functions as may be prescribed by the Board and as the Chairmatl May assign to him from time to time.”. t 6. Amendment of section 9, Act XIX of 1956,—In the said Act, in secti 9,.in sub-section (2), for the words “Managing Director” the word “ Chair: Shall be substituted. 7. Repeal.—The Pakistan International Airlines Corporation (Amend mer Ordinance, 1975 (XIII of 1975), is hereby repealedACT No. Il oF 1976 An Act further to amend the Industrial Relations Ordinance, 1969. WHEREAS it is expedient further to amend: the Industrial Relations Ordi- ince, 1969 (XXitt of 1Y6Y), for the purpose hereimaiter appearing ; It is hereby enacted as follows :— 1. Short title, extent and commencement.—(i) This Act may be called the dustrial Relations (Amendment) Act, 1975. (2) It extends to the whole of Pakistan, (3) It shall come into force at once. 2, Amendment of section 1, Ordinance XXII of 1969—In the Industrial ations Ordinance, 1969 (XXIII of 1969), in section 1, in sub-section (3), ter the word “Departments” at the end, the words “or to any person: nployed as a member of the security staff of the Pakistan International Air ines Corporation” shall be inserted, 3, Repeal.—The Industrial Relations (Amendment) Ordinance, 1975 (XIX 1975), is hereby repealed. ACT No, Il oF 1976 in Act to amend the Suppression of Terrorist Activities (Special Courts) Act, 1975 Wuereas it is expedient to amend the Suppression of Terrorist Activities special Courts) Act, 1975 (XV of 1975), for the purposes hereinafter appearing + It is hereby enacted as follows :— 1. Short title and commencement.—(1) This Act may be called the uppression of Terrorist Activities (Special Courts) (Amendment) Act, 1975. (2) It shall come into force at once. 2, Amendment of section 6, Act XV of 1975.—In_ the Suppression of erorist Activities (Special Courts) Act, 1975 (XV of 1975), hereinafter referred ) as the said Act, section 6 shall be re-numbered as. sub-section (1) of that v-tion and after sub-section (1) renumbered as aforesaid, the following new. ib-section shall be added, namely :— (2) A Special Court shall have the same power as the High Court has to: punish any person who— (a) abuses, interferes with or obstructs the process of the Court -in any. way or disobeys any order of the Court ; (6) scandalises the Court or otherwise does anything which tends to bring the Court or the person constituting the Court in rela- tion to his office into hatred, ridicule or contempt , (c) does anything which tends to prejudice the determination of a matter pending before the Court ; or f \ 4 13= THE GAZETTE OF PAKISTAN, EXTRA (c) two Directors to be elected by the shareholders other Federal Government. (2) Every Director, other than the Chairman, shall— (a) perform such special duties as the Board may, by regulations to him ; and (b) receive such remuneration, fees or allowances, and enjoy privileges, as the Federal Government may determine”, 4. Amendment of section 7, Act XIX of 1956.—In the said Act, int 7, in sub-section (1), the words “other than the Managing Diretor™ omitted. 5. Substitution of section 8, Act XIX of 1956.—In the said Act, f 8 the following shall be substituted, namely :— | “8. Chairman—(1) The Federal Government shall appoint a Chill of the Board, who shall be the chief executive of the Corpo (2) The Chairman shall, unless removed earlier, hold office fora ee years on such terms and conditions as the Federal @ nt may determine ; and shall, subject as aforesaid, be eli re-appointment. (3) The Chairman shall exercise such powers and perform such as may be assigned to him by the Board or as the Federal may, from time to time, determine. (4) The Chairman shall receive such Temuneration, fees or a and enjoy such privileges, as the Federal Government may 8A. Managing Director—(1) There shall be a Managing Director of Corporation, who shall be appointed by the Federal Govern: consultation with the Chairman. (2) The Managing Director shall hold office for such period, and. subject to stich terms and conditions of service, as the Federal vernment may determine after consultation with the Chairman. ‘The Managing Director shall exercise such powers. and perform functions as may be prescribed by the Board and/as the Chai may assign to him from time to time.”. . 6, Amendment of section 9, Act XIX of 1986-—In the said Act, in sed 9,.in sub-section (2), for the words “ Managing Director” the word “ Chairm shall be substituted. 7. Repeal—The Pakistan International Airlines Corporation (Amendm Ordinance, 1975 (XHI of 1975), is hereby repealed.No. Il oF 1976 An Act further to amend the Industrial Relations Ordinance, 1969. WHEREAS it is expedient further to amend. the Industrial Relations: Ordi- ance, 1969 (XXWUL of 1Y69), for the purpose hereinatter appearing ; It is hereby enacted as follows :— |. Short title, extent and commencemeat.—(i) This Act may be called the —_ = xdustrial Relauons (Amendment) Act, 1975. (2) It extends to the whole of Pakistan. (3) It shall come into force at once. _ 2. Amendment of section 1, Ordinance XXIII of 1969.—In the Industrial ‘elations Ordinance, 1969 (XXII of 1969), in section 1, in sub-section (3), fter the word “Departments” at the end, the words “or to any person mployed as a member of the security staff of the Pakistan International Air ines Corporation” shall be inserted. 3, Repeal.—The Industrial Relations (Amendment) Ordinance, 1975 (XIX £ 1975), is hereby repealed. ACT No. Ill oF 1976 tn Act to amend the Suppression of Terrorist Activities (Special Courts) Act, 1975 Wuereas it is expedient to amend the Suppression of Terrorist Activities Special Courts) Act, 1975 (XV of 1975), for the purposes hereinafter appearing + It is hereby enacted as follows :— am 1. Short title and commencement—(1) This Act may be called the : uppression of Terrorist Activities (Special Courts) (Amendment) Act, 1975. (2) It shall come into force at once. 2. Amendment of section 6, Act XV of 1975—In the Suppression of “errorist Activities (Special Courts) Act, 1975 (XV of 1975), hereinafter referred Q as the said Act, section 6 shall be re-numbered as sub-section (1) of that ~stion and after sub-section (1) re-numbered as aforesaid, the following new. ib-section shall be added, namely :— 7 “(2) A Special Court shall have the same power as me High Court has to punish any person who— ; (a) abuses, interferes with or obstructs the oak of the Court -in any way or disobeys any order of the Court ; (b) scandalises the Court or otherwise does anything which tends to bring the Court or the person constituting the Court in rela- tion to his office into hatred, ridicule or contempt ; G does aniything which tends to prejudice the determination of a matter pending before the Court ; orene GAZETTE OF PAKISTAN, EXTRA,, JAN. 8, 1976 [P r (d) does any other thing which, by any other law, constitutes: tempt of court : Provided that fair comment made in good faith and it public interest on the working of the Court or any of its’ decision after the expiry of the period of limitation for shall not constitute contempt of court.”, 3. Amendment of section 7, Act XV of 1975.—In the said Act, in (a) in sub-section (1), after the word and comma “ passed,” the’ and comma “and the Provincial Government may direct any: appointed by it for the purpose to present an appeal to Court from an order of acquittal passed by a Special Court," be inserted ; and (b) in sub-section (2), after the word “sentence”, the words and com “or order of acquittal, as the case may be,” shall be inserted.) 4. Repeal.—The Suppression of Terrorist Activities (Special Courts) ( ment) Ordinance, 1975 (XVII of 1975), is hereby repealed. ACT No. IV oF 1976 An Act further to amend the Divorce Act WHEREAS it is expedient further to amend the Divorce Act (IV of f for the purposes hereinafter appearing ; ) a Tribunal may send to any civil court having jurisdiction in the place where the Tribunal is sitting any summons’ or other process for the attendance of a witness or the production of documents re- quired by the Tribunal, or any commission which it desires to issue, and the civil court shall serve such process or issue such commission, as the case may be, and may enforce any such process as if it were @ process for attendance or production before itself. (4) Proceedings before a Tribunal in any such inquiry shall be deemed to be civil proceedings for the purposes of section 132 of the Evidence Act, 1872 (E of 1872), and the provisions of that section shall apply accordingly. 24. Fund of the Council, accounts and audit.—(1) All sums received by the Council as fees, grants, donations or subscriptions shall form part of a fund which shall be managed, administered and utilised in such manner as may be prescribed. (2) The Executive Committee shall cause to be maintained such books of account and other books in such form and manner as may be prescribed. (3) The accounts of the Council shall be audited, before the thirtieth day of November each year, by an auditor appointed by the Council who is a chartered accountant within the meaning of the Chartered Accountants Ordinance, 1961 (X of 1961). 25. Bye-laws of the Council.—(1) The Executive Committee may, with the previous sanction of the Federal Government, by notification in the official — Gazette, make bye-laws for carrying out the purposes of this Act. : (2) In particular, and without prejudice to the generality of the foregoing power, such bye-laws may provide for all or any of the following matters, namely :— Y (@) the summoning and holding of meetings of the Council and Executive * Committee, the time and places where such meetings are to be held, . ‘the conduct of business and the number of members necessary to constitute a quorum at a meeting of the Executive Committee ; : eg esiht «Ska, Ge etPart I] _ THE GAZETTE OF PAKISTAN, EXTRA., JAN. 14; 1976 19 (b) the powers and duties of the Chairman, Vice-Chairman and Registrar ; (©) the terms of office and powers and duties of the Registrar and other Officers and servants of the Council ; (4) the appointment, powers, duties and procedure of inspectors ; (e) the procedure for maintenance and publication of the Register, the fees to be charged under this Act and establishment of sub. offices or branches of the Council ; the max and au ment of the property of the Council and the maintenance of its siccounts ; (8) the procedure at any inquiry held under sub-section (2) of section 17; and (h) any other matter which is. to be or may be prescribed. 26. Proof of membership, ete—For the purposes of any action or proceed- ing under this Act, a certificate of the Registrar certifying under the seal of the Council that, on a specified date, the name of a person was ot was not borne on the Register shall be proof of its contents and of the authenticity of his signature, until the contrary is proved. Penalties and procedure.—(1) After such date as the Federal Government consul with the Council, by notification in the official Gazette, appoint in this behalf, whoever undertakes any professional engineering work shall, if his name is not for the time being borne on the Register, be punish- able with imprisonment for a term which may extend to six months, cc with fine which may extend to ten thousand rupees, or with both, and. in’ the case of @ continuing offence, with a further fine which may extend to two hundred Tupees for every day after the first during which the offence continues. (2) After the date appointed as aforesaid, whoever employs for any pro- fessional engineering work any person whose name is not for the time being bome on the Register shall be punishable, on first conviction, with imprison- wera for @ term which may extend to six months, or with fine which may extend ‘0 five thousand rupecs, or with both, and on a second or subsequent conviction, with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both G) Whoever wilfully procures or attempts to procure himself or itself to be Tegistered under this Act as a professional engineer os consulting fpmeet (by making or producing or causing to be made or produced any false or fraudulent representation or declaration, either orally or in writi and sy eerson. who assists him therein shall be punishable with imprisonment for five remynich may extend to three months, or with fine which may extend to five hundred rupees. or with both, (4) Whoever falsely pretends to be registered under this Act, or not being registered under this Act, uses with his name or title any words or letters representing that he is SO registered, irrespective of whether any person is wiiually deceived by such pretence or representation or not, shall be punishable with imprisonment for a term which may extend to thres ‘moms. or with fine Which may extend to five hundred Tupees, or with both.20.‘ THE GAZETTE OF PAKISTAN, EXTRA., JAN. 14, 1976 [Part coin oa (5) No person undertaking any professional engineering work shall, unless hhe is registered under this Act, be entitled to recover before any court or other authority any sum of money for services rendered in such work. (6) No court shall take cognizance of any offence punishable under this Act save on complaint made by, or under the authority of, the Council. (7) No court inferior to that of a Magistrate of the first class shall try any offence punishable under this Act. 28. Saving—Nothing in this Act shall be deemed to— (a) affect the right of any person who was, immediately before the date specified in a notification issued under sub-section (1) of section 27, entitled to practise as an architect to continue such practice, pro. vided a professional engineering work is executed under the super vision of a professional engineer, or to prevent him from associating with a professional engineer ; (b) affect the right of any person to execute or undertake any work for which he has been trained in an institution specified by the Council, by notification in the official Gazette, for the purposes of this clause: (©) affect the right of any person who was, immediately before the date specified in a notification issued under sub-section (1) of section 27, entitled to work as a land surveyor to continue such work ; or (d) restrict the normal practice of his art or trade by an artisan or skilled workman. 29. Power to exempt-—If the Council so recommends, the Federal Govern- ment may, by notification in the official Gazette, exempt any person or class of persons, or any professional engineering work or class of such works, from the operation of the provisions of section 27, subject to such conditions, if any, as may be specified in the notification. 30. Commission of Inquiry.—(1) Whenever it is made to appear to the Federal Government that the Council is not complying with any of the provisions of this Act, the Federal Government may refer the particulars of — the complaint to a Commission of Inquiry consisting of— (@) a person who is, or has been, or is qualified to be, a Judge of a High Court, to be appointed by the Federal Government ; (b) a Br engineer, to be nominated by the Federal Govern- ‘ment ; (c) a professional engineer, to be nominated by the Council. (2) The Commission shall proceed to inquire and report to the Federal Government as to the truth of the matters charged in the complaint and, in case of any charge of default or of improper action being found by the Commission to have been cstablished, the Commission shall recommend remedies, if any, which are in its opinion necessary. (3) The Federal Government may require the Council to adopt the remedies so recommended within such time as, having regard to the report of the Com. mission, if may think fit; and, if the Council fails to comply with any such re- quirement, the Federal Government may amend the bye-laws or make such ‘pro- 3 sion or order or take such other steps as maj mecessary i r 8 Fecommendations of the Commission. ae aePart 1] THE GAZETTE OF PAKISTAN, EXTRA., JAN, 14, 1976 a (4) A Commission of Inquiry shall have power to administer oaths, to enforce the attendance of witnesses and the production of documents, and shall have all such other necessary powers for the purpose of any inquiry conducted by it as are exercised by a civil court under the Code of Civil Procedure, 1908 (Act V of 1908). 31. Repeal—The Pakistan Engineering Council Ordinance, 1975 (XV of 1975), is hereby repealed. THE FIRST SCHEDULE [See sections 2(m) and 10] _ Recognised Engineering Qualifications granted by Engineering Institutions in Pakistan :— , Recognised Engineering Engineering Institution Qualifications 1. University of Engineering and Technology, Lahore .. B. Sc. Engineering. 2. University of Karachi = .. Bachelor of Engg. 3. Sind University a i .. B.Sc. Engineering. B.Sc. Agricultural Engineering. 4. University of Peshawar i .. B.Sc, Engineering. 5. Agricultural University, Lyallpur .. B.Sc. Agricultural Engineering. 6. Military College of Engineering .. B.Sc. (Civil Engg.). 7. Institute of Engineers Pakistan .. ALM. LE. (Pak). THE SECOND SCHEDULE [See sections 2(m) and 11} Recognised Engineering Qualifications grated by Engineering Institutions out side Pakistan. Engineering Institution Recognised Engineering Qualifications 1. Aligarh Muslim University. .. B. Se. (Engg) 2, Andhara University. ha .. B.Sc. in Civil, Mechanical or Electrical Engineering from 1950. 3, Annamali University .. is .. B._E. in Civil, Mechanical, Electrical, or Chemical Engi- neering from April, 1949.THE GAZETTE OF PAKISTAN, EXTRA., JAN. 14, 1976 [Pai Engineering Institution Recognised Engineering Qualifications . Banaras Hindu University i :. B. Sc. in Engineering, B. Se, | (Mining), B. Sc. (Met). Calcutta University. © .. B.E. Civil, Mechanical or Elec- ; trical Engineering B, E, Met. M. E. (Met). . College of Engineering and Technology, Bengal (1) B.N.E.,B,E.E., B.Ch.E, (2) B. E. E,, (Communication Option), from 19th May, 1951. (3) Special Degree Examination up to April, 1950. - University of Science and Technology (formerly East Pakistan University of Scic~ nce and Technology), Dacca. . B.Sc. Engineering, . Dacca University ue -. Degree in Engineering. . Aberdeen University .. bs +» B.Sc. in Engineering (Honours or Ordinary Degree).* . Adelaide University. iy :. B.E, in Civil, Mechanical or Electrical Engineering . Birmingham University % -. B.Sc. in Civil, Mechancial or Electrical Engineering (Hono- urs or Ordinary Degree). . Bristol University ; +.B. Sc. in Civil, Mechanical or Electrical Engineering (Hono- urs or Ordinary Degree). . Cambridge University . ‘a +. (1) B.A. (Honours) in Mechani- cal Science, Tripos. * (2) Ordinary Degree B. A., in ngineering, provided ‘the Graduate has passed in prin- cipal subject, Engineering I, Engineering Il and Engine- ering I," . Cape Town University = «B.Sc. in Engineering, . Dublin University ie +. B.A. L Ordinary or with Ho- _nours in Engineering). . Durham University. a +» ()_B. Sc. in Civil, Mechanical or Electrical Engineering or Naval Architecture (Honours or Ordinary Degree). (2) B. Se. in Marine Engineering,Part I] THE GAZETTE OF PAKISTAN, EXTRA., JAN. 14, 1976 23 17. 18. 20. 21. 22. 24. 25, 26. 27, Engineering Institution Edinburgh University. . Glasgow University... Leeds University Liverpool University London University Manchester University . Me Gill University, Montreal Melbourne University National University of Ireland New Zealand University Oxford University Recognised En Qualifications ering B. Sc. in Engineering. (1) B.Sc. in Engineering. (2) BSe. in Naval Architecture (Honours or Ordinary Deg- ree). B. Sc. in Civil, Mechanical or Electrical or Marine Engine- ering or Naval Architechture (Honours or Ordinary Deg- Tee). B. Engg. in Civil, Mechancial, Electrical or Marine Engi: neering or Naval Architecture (Honours or Ordinary Deg- Tee). B. Sc. (Internal or External Degree ) in Engineering (not including Metallurgy) (Ho- nours or Ordinary Degree) B. Sc. (Internal) in Engineering (Mining) obtained in or after 1926. B. Sc. (External) in Engineering (Mining) (Honours Degree) obtained in or after 1935, Certificate in Technology in Mechanical or Electrical En- gineering. B. Sc. in Civil, Mechanical, Electrical, Metallurgical or Mining Engineering (Hono- urs or Ordinary Degree). B.E.C.B. Mech. E, or B.E.E, B.E. B. E. in Civil, Mechanical or Electrical Engineering. B. A, with Honours in Engine- ering Science, Final Honours School ee ee4 ae THE GAZETTE OF PAKISTAN, EXTRA., JAN. 14,.1976 x a f "Engineering Institution Recognised Engineering — Qualifications 32, 33. 34. 35. . Queens University, Belfast . Queensland University a . Rangoon University » Sheffield University South Africa University St. Andrews University Sydney University ., on Victoria University, Manchester = B. Sc. in Engineering. =— 8B. E. in Civil, Mechanical Electrical Engineering. ~ B. Sc. in Engineerning. = B. Engg. in Civil, Mechanica or Electrical Engineerin, (Honours Degree or Ordinary Degree with a first class in the final Examination will no! be required in the cases o! Degrees obtained in or after June, 1930). B.E. (Met.) (Honours Degree). ++ B. Sc. in Engineering obtained ++ before 1921, B. Sc, in Engineering. :+ B.E. in Civil or Mechanical and Electrical Engineering. B. Se. (Tech.) (Ordinary Course, Divisions I and I) in Electri- cal Engineering. i B. Sc. (Tech.) (Higher Course, Honours or Ordinary Course, Division 1) in Municipal En- gineering. B. Se. (Tech.) (Ordinary Dey obtained or_after 1930) in Municipal Engineering. B. Sc. in Engineering (Honours or Ordinary Degree) from 1925. B. Sc. (Tech.) in Mechanical or Electrical Engineering (Ho. nours in Final Examination). B. Sc. in Civil, Mechanical, or Flseroal Bapiopee oePart I] THE GAZETTE OF PAKISTAN, EXTRA., JAN. 14, 1976 25 Engineering Institution Recoanised Engineering Qualifications 37. Western Australia University B..B. 38. Witwa erarand University, Johannesburg . in Civil, Mechanical or al Engineering. 39. American Universities/Institutions ++ Degrees and Diplomas of only these American Engineering Institutions the curricula of which has been accredited by the Engineers Council for Professional evelopment, New York, provided they have actually been taken after © of studies of not less than three years in such Institutions, any period of exemption granted by the Institutions being included in ree years. years? study and the The condition as to i who have taken course, and have with the regula- *These Degrees will be accepted onlyif taken af passing of the regular examination in these’ Universi three years’ study will not, however, apply to tho a Degree which exempts them fro f taken one of these Degrees in less th tions of the University concerned. ACT No. VI of 1976 An Act further to amend the Land Reforms (Baluchistan Pat Feeder. Canal) Regulation, 1972 Weeneas it is expedient further. to amend the Land Relorms (Baluchistan Pat Feeder Canal) Regulation, 1972 for the purpose hereinafter appearing ; AND WHEREAS the Proclamation of Emergency referred to in Article 280 of the Constitution is in force ; It is hereby enacted as follows : 1. Short title and _commencement.—(1) This Act may be called the Land Reforms (Baluchistan Pat Feeder Canal) Regulation (Amendment) Act, 1975, (2) It shall come into force at once. 2. Amendment of Land Reforms (Baluchistan Pat Weeder Canal) Regula- | flon—In the Land Reforms (Baluchistan Pat Feeder Canal) Regulation, 197%). in paragraph 17, in clause (a) of the third proviso, for the figures, letters, words’ and comma “31st day of March, 1975” the figures, letters, words and eomma* “3ist day of March, 1976” shall be substituted and shall be deemed: to have been so substituted on the first day of April, ro75. AisTHE GAZETTE OF PAKISTAN, EXTRA., JAN. 14, 1976 {Pat ACT No. VII OF 1976 ‘An Act to repeal and re-enact the law relating to the preservation and protection of antiquities ae s Wuereas it is expedient to repeal and reenact the law relating to the pre * servation and protection of antiquities and to provide for matters connected tl with or ancillary thereto ; It is hereby enacted as follows :— % J. Short title, extent and commencement.—(1) This Act may be called the Antiquities Act, 1975. (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) “Advisory Committee.” means the Advisory Committee constituted under section 3 ; (b) “ancient” means belonging or relating to any period prior to May, 1857 ; (c) “antiquity” means— @ any ancient product of human activity, movable or immovable, illustrative of art, architecture, craft, custom, literature, morals, politics, religion, warfare or science or of any aspect of civiliza- tion or culture, (ii) any ancient object or site of historical, ethnographical, anthro- pological, military or scientific interest, (ii) any national monument, and (iv) any other object or class of such objects declared by the Federal Government, by notification in the official Gazette, to be an antiquity for the purposes of this Act ; (d) “dealer” means a person engaged in the business of buying and selling antiquities ; and “deal in antiquities” means to carry on such business + (ce) “Director” means the Director of Archaeology, Government of Pakistan, and includes an officer authorised by him to exercise or perform all or any of the powers or functions of the Director under this Act ; a . : ; export” means taking out of Pakistan by land, sea or air; 2) “immovable antiquity” means an antiquity of any of the following "descriptions, namely:— coca ee A0, eeParr I] THE GAZETTE OF PAKISTAN, EXTRA., JAN. 14, 1976 (i) any archaeological mound, tumulus, burial place or place of internment, or any ancient garden, structure, building, erection or other work of historical, archaeological, military or scientific interest, (iii) any rock, cave or other natural object of historical, archaeological, artistic or scientific interest or containing sculpture, engraving, inscription or painting of such interest, and includes— (1) any gate, door, window, panelling, dado, ceiling, inscription, wall-painting, wood work, metal work or sculpture or any other thing which is attached or fastened to an immovable antiquity ; (2) the remains of an immovable antiquity ; (3) the site of an immovable antiquity ; (4) such portions of land or water adjoining the site of an ime movable antiquity as are reasonably required for fencing of covering or otherwise preserving such antiquity ; (5) the reasonable means of access to, and convenient inspection of an immovable antiquity ; and (6) any urban site, street, group of buildings or public square of special value which the Federal Government, being of the opinion that its preservation is a matter of "public interest by reason of its arrangement, architecture or materials of construction, by notification in the official Gazette, declares to'be an immovable antiquity for the purposes of this Act ; (h) “national monument” means any building, structure, erection, place of internment, garden, portion of land or any other place or thing of national importance as may be determined and notified as such fron time to time by the Federal Government in consultation with the Advisory Committee ; (i) “owner” includes— (i) any person legally competent to act on behalf of the owner, when by reason of infancy or other disability the owner is unable to act; (ii) a joint owner invested with powers of management on behalf of himself and other joint owners and the successor in interest of such owner ; and (iii) any manager or trustee exercising the powers of management and the successor in office of such manager or trustee . 2 @ “protected antiquity” means an antiquity which is declared under. Section 10 to be a protected antiquity ; and ps (kK) “rules” means rules made under this Act.28 THE GAZETTE OF PAKISTAN, EXTRA., JAN. 14, 1976 [Pat 3. Advisory ‘Committee—(1) For the purposes of this Act, the Federal Government shall constitute an Advisory Committee consisting of the following members, namely :— ; (a). the Director, who shall also be its Chairman ; (b) one representative each of the Education Division and the Tor Division ; (©) three other persons haying special knowledge of antiquities, to nominated by the Federal Government. (2) No act or proceeding of the Advisory Committee shall be deemed to invalid by reason only of the existence of a vacancy in, or defect in the constitu tion of, the Committee. : 4. Dispute as to whether any product, etc., is an antiquity.—If any question arises whether any product, object or site is an antiquity within the meaning of this Act it shall be referred to the Federal Government which shall, _ after consultation with the Advisory Committee, decide the same ; and the decision of the Federal Government shall be final. 5. Custody, preservation, etc., of certain antiquities(1) Where the Director receives any information or otherwise has the knowledge of the discovery or €x- istence of an antiquity of which there is no owner, he shall, after satisfying him- self as to the correctness of the information or knowledge, take such steps as he may consider necessary for the custody, preservation and protection of the antiquity. (2) Where the owner of an antiquity is not traceable, the Director may, with the approval of the Federal Government, take such steps as he may consider necessary for the custody, preservation and protection of the antiquity. 6, Power of entry, inspection, etc—(1) The Director may, after giving reasonable notice, enter into, inspect and-examine any premises, place or area which or the sub-soil of which he may have reason to believe to be, or to contain an antiquity and may cause. any site, building, object, or any antiquity or the remains of any antiquity in such premises, place or area to be photographed, copied or reproduced by any process suitable for the purpose. (2) The owner or occupier of the premises, place or area shall afford all reasonable opportunity and assistance to the Director for the purposes of sub-see- tion (1). (3) No photograph, copy or reproduction taken or made under or for the purposes of sub-section (1) shall be sold or offered for sale except by or with the Consent of the owner of the object of which the photograph, copy or reproduction has been taken or made. (4) Where substantial damage is caused to any property as a result of the inspection under sub-section (1), the Director shall pay to the owner thereof reasonable compensation for the damage. 7. Acquisition of land containing antiquities—If the Federal Government ias reasonable grounds to believe that any land contains any antiquity it may _. direct the Provincial Government to acquire such land or any part thereof ; and the Provincial Government shall thereupon acquire such land or part under Acquisition Act, 1894 (I of 1894), as for a public purpose.Part I] . THE GAZETTE OF PAKISTAN, EXTRA., JAN, 14, 1976 29. 8. Purchase, taking lease, etc. oi antiquity—(1) The Director may, with the previous sanction of the Federal Government, purchase, or take lease or accept a gift or bequest of, an antiquity (2) The Director may receive voluntary contributions and donations for the acquisition, preservation or restoration of antiquities and may’ make suitable arrangements for the management and application of the fund created by such contributions and donations : Provided that a contribution or donation made for any specified purpose shall not be applied to amy purpose other than that for which it has been made, 9. Right of pre-emption in case of a sale of antiquity—(1) Where the Director receives any information or otherwise has the knowledge that any anti- quity or any immovable property containing an antiquity is offered for sale or is about to be sold, lie may, with the approval of the Federal Government, exercise the right of pre-emption with respect to such antiquity or property and, if he intends to exercise the right, shall give to the person competent to sell a notice m writing accordingly. (2) If the Director does not exercise with respect to any antiquity or the right of pre-cmption within a period of three months from the date of notice given under sub-section (1), the antiquity or property may be sold to any person. after the expiry of the said period and a notice of such sale shall be given to the- Director. (3) Save as provided in sub-section (2), no antiquity or property in respect of Which a notice under sub-section (1) has been given shall be sold to any person. (4) All sales in contravention of sub-section (3) shall be void and the antiquity or property so sold shall be forfeited to the Federal Government. 10. Declaration of protected antiquities—(1) The Federal Government may, by notification in the official Gazette, declare any antiquity to be a protected antiquity for the purposes of this Act. (2) A copy of a notification under sub-section (1) shall be served on the owner of the antiquity and; in the case of an immovable antiquity, shall also. be fixed up in a conspicuous place of or near the antiquity. 3) A: notification under sub-section (1) shall, unless it is cancelled by the Federal Government, be conclusive evidence of the fact that the antiquity to which it relates is a protected antiquity for the purposes of this Act. (4) Antiquities declared to be protected antiquities under the Antiquities Act, 1968 (XIV of 1968), and ancient monuments deemed to be protected antiquities for the purposes of that Act, shall be deemed to be protected antic quities for the purposes of this Act. I. Representation against declaration of protected antiquities.—(1) The owner of an antiquity to which a notification under section 10 relates, or any Person having any right or interest in the antiquity, may, within three months of the service of a copy of the notification, make a Tepresentation in writing to the Federal Government against the notification, :30 THE GAZETTE OF PAKISTAN, EXTRA., JAN. 14, 1976 (2) Upon the receipt of a representation under sub-section (1) against a fication, the Federal Government, after giving the person making it an ‘oppo ‘of being heard and after consultation with the Advisory Committee. may. if satisfied that there are good and sufficient reasons for objection to the n cancel it. 12. The guardianship of antiquity by agreement—(1) The owner immovable untiquity or protected antiquity may, by an agreement constitute the Director the guardian of such antiquity and the Director may the previous sanction of the Federal Government, accept such guardianship. © (2) Where the Director has accepted the guardianship of an antiquity i pursuance of an agreement under sub-section (1), the owner shall, except as ex Pressly provided im this Act and in the agreement, have the same right} title and interest in'and to the antiquity as if the Director had not been con stituted the guardian thereof. (3) An agreement under this section in relation to an antiquity may provi for all or any of the following matters, namely :— (a) the maintenance of the antiquity ; (b) ‘the custody of the antiquity and the duties of any person who’ may be employed to watch it ; 3 (c) the restrictions upon the right of the owner to alienate, destroy, re} move, alter or deface the antiquity or to build on or near the si the antiquity ; the facilities of access to be allowed to the public ; the facilities to be allowed to persons deputed by the owner or Director for inspection and maintenance of the antiquity ; (Q) the expenses to be incurred in connection with the preservation 0 the antiquity and payment of, such expenses if incurred by the owner (g) compensation to be paid for any loss sustained by the owner occupier or any other person asa result of the enforcement or ‘obser! vance of the agreement ; and (h) any other matter connected with the custody, management ‘and p servation of the antiquity. x (4) The terms’ of an agreement under this section may be altered from to time with the sanction of the Federal Government and with the consent of owner. % E: (5) An agreement under this section in relation to an antiquity may upon six months’ beer in writing sien by the one: with th} sanction of the Federal Government, to the owner or the o7 previous san : wee eel ¥ - 13. Purchasers at certain sales and persons claiming through owner 0 by et entered into by owner.—Notwithstanding anything contained - any law for the time being in force, évery ‘person who, at a sale for thi recovery of atrears of land revenue or any other public demand, purchases an} Jand or property, or any right or interest in land or property, which contains, or it situated an antiquity in respect of which an agreement under subsists, and every person. claiming a titlé to any antiquity from, th under an owner who entered into uch agreement, shall be boundpart 1] THE’GAZETTE OF PAKISTAN, EXTRA., IAN. 14, 1976 31 14. Application of endowment for maintenance and preservation of antiquity.—(1) Where any endowment has been created for the maintenance and preservation of any protecied antiquity, or for that purpose among others, and the owner or other person competent in this behalf fails in the proper application of such endowment and, when proposed to him by the Director, refuses or fails to enter into an agreement under section 12, the Director may, for the proper applica- tion of such endowment or part thereof, institute a suit in the Court of the District Judge, or, where the estimated cost of maintaining and preserving the antiquity does not exceed one thousand rupees, make an application to the District Judge. (2) On the hearing of an application under sub-section (1), the District Judge may summon and examine the owner and any person whose evidence appears to him necessary, and may pass an order for the proper application of the en- dowment or of any part thereof, and any such order may be executed as if it were the decree of a Civil Court. 15. Compulsory acquisition of protected immovable antiquity—(1) If the Federal Government apprehends that a protected immovable antiquity is in danger of being destroyed, injuted or allowed to fall into decay, it may, after consulta- tion with the Advisory Committee, direct the Provincial Government to acquire such antiquity or any part thereof ; and the Provincial Government shall there- upon acquire such antiquity or part under the Land Acquisition Act, 1894 (I of 1894), as for a public purpose. 2) The power of compulsory acquisition under sub-section (1) shall not be exercised in the case of— (a) any antiquity which or any part of which is periodically used for religious observances ; or (b) any antigay which is the subject of a subsisting agreement under section 12; (c) any other ae unless the owner or other person competent in this behalf has, when proposed to him by the Director, failed to enter into an agreement under section 12 within such period, not being less than six months, as the Director may fix. 16. Compulsory acquisi of movable antiquities—(1) If the Federal Government 1s of the opinion that any moyable antiquity should, by reason of its cultural, historical or archaeological importance, be acquired for the purpose of preservation, the Federal Government may, by order in writing addressed to the owner, acquire such antiquity : Provided that the power'to acquire under this sub-section shall not extend to— ‘ (a) any image or symbol in actual use for the purpose of. any religious observance ; or (b) anything which the owner desires to retain on any reasonable ground personal to, himself or to any of his ancestors or to any iber of his family. > ij (2) When an order under sub-section (1) has been seryed upon the owner, the antiquity to mii the order relates shall immediately yest in the Federal Govern- ment free | 2 all encumbrances and the owner shall | be entitled to Ses32. THE GAZETTE OF PAKISTAN, EXTRA., JAN. 14, 1976 [Part the amount of which shall be determined in the manner, and in accordance with the principles, hereinafter set out, that is to say,— (a) where the amount of compensation can be fixed by agreement, i shall be paid in accordance with such agreement ; (b) where no such agreement can be reached, the Féderal Government shall appoint as arbitrator a person who has been, or is qualified fir appointment as, a Judge of a High Court ; 5 (c) at the commencement of the Proceedings before the arbitrator, the Federal Government and the person to be compensated shall ‘stale what in their respective opinions is a fair amount of compensation ; (@ the arbitrator in making his award shall have resard to the prise which the antiquity is likely to fetch on a sale in open market between a buyer and a seller independent of each other : (e) an appeal shall lie to the High Court against any award of an arbitrator except in case where the amount thercof does not exceed an amount Prescribed in this behalf by rules ; and (6) save as provided in this sub-section and in any rules made in this behalf. nothing in any law for the time being in force shall apply to arbitrations under this sub-section. 17. Protection of place of worship from misuse, ete.—(1) A place of worship or shrine, being an antiquity maintained by the Federal Government, shall nat be used for any purpose inconsistent with its character. . (2) A place of worship or shrine in respect of which the Director has a Buardianship in pursuance of an agreement under section 12 shall, unlese the agreement otherwise provides, be maintained bythe person in whom it is vested or, if there is no such person, by the Federal Government. (3) Where any antiquity in respect of which the Federal Government bas aquired any right under this Act or the Director has accepted guardian: ship is Periodically used for religious worship ot observances by any community, the Director shall provide for the protection of such antiquity from pollution ¢ desecration— (a) by prohibiting the entry therein, except in accordance with the con- ditions prescribed with the concurrence of the person in charge of the antiquity, of any person not entitled so to enter by the religious usages of the community by which the antiquity is used: and (b) by taking with the concurrence of the person in charge of the anti quity such other action as he may think necessary for the purpose. (4) Whoever contravenes the provisions of sub-section (3) shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both. 18. Restriction on use of protected immovable _antiquity.—A_ protected « movable antiquity shall not be used for any purpose inconsistem with its cherace, or for a purpose other than that directly related to its administration and preser- 19. Prohibition of destruction, tes, of protected. 1 at itn eae pe Ns dai ee i¢ ¢ 1 Part {} THE GAZETTE OF PA XTRA, AN. 14,. 1976 33 break, damage, alter, injure, deface or mutilate or scribble, write or engrave any meription or sign on, any antiquity or take manure from am Protected antiquity, 2) Whoever contravenes the provisions of sub-section (1) shall be punish- able with rigorox mprisonment for a term ich may extend to three years, or with fine, or with be h (3) The court trying an offence under sub-section (2) may direct that the hole ‘or any part of the fine recovered shall be apelin :¢ defraying the expenses of restoring the antiquity to the condition in whick yon before the commission of the offence 20. Restriction on repairs, renovation, ete., of Protected immovable anti- guity.—(1) The owner of a protected immovable antiquity shall not make any alteration or renovation in, or addition to, the antiquity Provided that he may, with the permission of the Director, make minor ad: Jsttnents considered necessary for the day to day use of the antiquity Provided further that the work for which permission has been given shall be fattied out under the supervision of the Director or a Person authorised by him in this behalf (2) Whoever co; ntravenes the provisions of sub-section (1) shall be punishable ith rigorous imprisonment for a term which may erend os one year, or with fine, or with both 21. Direction to the owner to take measures for Preservation of antiquity — () Where the Director considers: that any antiquity is not being preserved or ome, od Properly by its owner, the Director may, by order in riting, direct the Within cofake such ‘measures for its proper preservation and conservation, and Within such time, as may be specified in the order. (2) If the owner fails to take’ the measures specified in the order referred io im sub-section (1), the Director may take all sich Measures in respect of the Owuluity and the expenses incurred for the purpose shall te recoverable from the Owner as an arrear of land revenue 22, Execution of development schemes and new c in proximity to immovable antiquity. ithstanding anything contained is other law for the time be ig mn force, no development plan or Scheme or new construction eee Within a distance of two hundred feet of, a prote. ied immovable antiquity shall be undertaken or executed except with the approval of the Director Prohibition of bill posting, neon signs, other kinds of ‘advertisements, SE. -0)) No person shall put any neon signs of other Kinde’ advertisement, in- Gluding ‘bill posting, commercial signs, poles or Pylons, electricity or telepone cables and television aerials, on or near any Protected immovable antiquity. (2) Whoever contravenés the provision of sub-section (1) shall be — punish- able with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand Tupees, or with both i), The court trying an offence under sub-section (2) may direct that the *hole or any part of the fine recovered shall be sealed n defraying the expenses 7 festoring the antiquity to the condition in which 4 was before the commission f the offence. tsTHE GAZETTE OF PAKISTAN, EXTRA, JAN. 14, 1976 24. Penalty for conterieiting etc., of antiquity—(1) Whoever counter or commits forgery in respect of any antiquity with intent to commit fraud knowing to be likely that fraud will thereby be committed, or causes any to appear like, or to be believed to be, an antiquity with intent to cause wron gain to one person or wrongful loss to another person shall be punishable imprisonment for a term which may extend to six months or with fine, or both. (2) The court trying an offence under sub-section (1) may direct that thing the making or forging of which has constituted such offence shall st forfeited to the Federal Government. 25. Dealing in antiquities.—(1) No person shall deal in antiquities under, and in accordance with, a licence granted by the Director. (2) Every dealers shall maintain a register in such manner and form as 1 Director may prescribe from time to time. (3) A licence granted under sub-section (1) may be cancelled by the Dit tor for the breach of any condition of the licence. 1 (4) The Director may, with a view to securing compliance with the provisio of this section, — (a) require any person dealing in antiquities to give such _informati in his possession with respect to any business carried on by him the Director may demand ; J (b) inspect or cause to be inspected any book, register or other do belonging to or under the control of any person dealing in ties ; and enter and search, or authorise any officer subordinate to him to et and search, any premises and seize, or authorised any such officet a police officer, to seize, any antiquity in respect of which he ft reason to believe that a contravention of any provision of this sect or a breach of any condition of the licence has been committed. (5) Whoever contravenes the provisions of this section shall be punish with rigorous imprisonment for a term which may extend to three years, or W fine, or with both. © The court trying an offence under sub-section (5) may direct that antiquity in respect of which the offence has been committed shall stand for ed to the Federal Government: 4 26. Export of antiquities.(1) No person shall export any antiquity under a licence to be granted by the Director— (a) a the temporary export of antiquities for the purpose of exhibit mination or treatment for preservation ; or (b) in accordance with agreements with foreign licences for arch: cal exploration and excavations within the term of their licences > export of antiquities which are not of a unique nature in for of any foreign countryParr |] THE GAZETTE OF PAKISTAN, EXTRA,, JAN. 14, 1976 (2) All antiquities the export of which is prohibited under sub-section (1) ~ shall be deemed to be goods of which the export has been prohibited under sec- tion 16 of the Customs Act, 1969 (IV of 1969), and ail the provisions of that Act shall have effect accordingly, except that the antiquity in respect of which the provisions of that Act have been contravened shall be confiscated where confisca- tion is authorised under that Act. 27. Traffic in movable antiquities—(1) If the Federal Government appre- hends that movable antiquities in any place in Pakistan are being sold or removed to the detriment of Pakistan, it may, by notification in the official Gazette, pro- hibit or resirict the movement of any such antiquity or any class of such antiquit- ies for such period and between such places in Pakistan as may be specified in the notification, except with, and in accordance with the terms of, the written per- mission of the Director. (2) Whoever contravenes the provisions of a notification under sub-section (1) shall be punishable with rigorous imprisonment for a term which may extend to three years, or with fine, or with both. (3) The court trying an offence under sub-section (2) may direct that antiquity in respect of which the offence has been committed shall stand forfeited to the Federal Government. \ 28. Regulation of mining, quarrying, etc.—(1) If the Federal Government is of the opinion that for the purpose of protecting or preserving any immovable antiquity it is necessary so to do, it may, by notification in the official Gazette, prohibit or restrict, within such area as may be specified therein, mining, quarry- ing, excavating, blasting and other operations of a like nature, or the movement of heavy vehicles, except under and in accordance with the terms of a licence granted by the Director and rules, if any, made in this behalf. (2) Any owner or occupier of land who sustains any loss by reason of any prohibition or restriction by a notification under sub-section (I) shall be paid reasonable compensation for such loss. . (3) Whoever contravenes the provisions of sub-section (1) shall be punish- able with imprisonment for a term which may extend to one year, or with fine, or with both. a 29. Prohibition of archaeological excavation or exploration without licence.— (1) No person shall make on any land any excavation or exploration for archaeological purposes, or unearth or attempt to unearth or make any digging in any land or site for taking out antiquities, except under, and in accordance with, a licence granted by the Director. (2) A licence under sub-section (1) in respect of any land shall not be grant ed to any person other than the owner of the land except in accordance with — the term of an agreement with the owner, and any such agreement may provide for— (a) the restriction of the owner's rights in respect of the use and occupa- tion of such land ; (b) the compensation or any other consideration to be paid to the owner 5 and bi (c) any other matter connected with the use of the land for the purpose of such excavation. '. 36 THE GAZETTE OF PAKISTAN, EXTRA., JAN. 14, 1976 i (3) A licence under sub-section (1) shall not be refused to an owner undertakes to carry on the excavation in such mariner that it will not te the loss of archaeological or historical material which in the national & should be preserved. ._, (4) Whoever contravenes the provisions of sub-section (1) shall be punish with imprisonment for a term which may extend to three years, or with fi with both. ©) The court trying an offence under sub-section (4) may direct that | abject found in the course of an excavation, exploration, unearthing or di constituting such offence shall stand forfeited to the Federal Government. | 30. Prohibition of making copies of protected antiquities without li No person shall, for any commercial purpose, make a cinematograph film 0 protected antiquity or any part thereof except under, and in accordance w licence granted by the Director. 31. Right of access to protected immovable antiquities.—Subject to the p visions of this Act and the rules. the public shall have a right of access to’ immovable protected antiquity maintained by the Federal Government Um this Act. 32: Penalty.—A contravention of any provision of this Act or the shall, where no punishment has been specifically provided, be punishable rigorous imprisonment for a term which may extend to six months, or fine which may extend to five thousand rupees, or with both. 33. Jurisdiction to try offences.—No court shall take cognizance of offence punishable under this Act except upon a complaint in writing made | an officer generally or specially empowered in this behalf by the Federal Gove ment and no court inferior to that of a magistrate of the first class - any such offence. 34. Power to arrest without warrant—(1) The Director or any officer * empowered by him in this behalf may arrest without warrant any person whom reasonable suspicion exists of his having committed any offence séction 19, 25, 26, 27 or 29. : (2) Subject to sub-section (3), every person arrested under sub-section _ Shall be taken forthwith to the offcer-ineharge of the nearest police station, (3) The Director or the officer arresting any person, or the officer-in-ch ‘of a police station to whom any person is taken under sub-section (2), shall ei admit him to bail to appear before the Magistrate having jurisdiction or have fi taken in custody before such Magistrate. : 35. Confiscated antiquities to be made over which is confiscated or forfeited under this Act Director for custody, preservation and protection. 3 Indemnity.—No suit, prosecution or other legal or eee ins etic is iPart 1] THE GAZETTE OF PAKISTAN, EXTRA., JAN, 14, 1976 37 37. Power to make rules—(1) The Federal Government may, after previous Publication, make rules for carrying out the purposes of this Act @) In particular, and without prejudice to the generality of the foregoing Power, such rules may provide for— (a) the form and the conditions of any licence granted under this Act ; (©) regulation of admission of the public to any immovable protected antiquity ; (©) the levy of fees for the grant of any licence under this Act and for admission of the public to an immovable protected antiquity : () the procedure to be followed in arbitrations, the principles to be fol- lowed in apportioning the costs of proceedings before the arbitrator and on appeal, and the maximum amount of an award against which no appeal shall lie, under sub-section (2) of section 16; (€) such other matters as are or may be required for carrying into effect the provisions of this Act. (3) Rules made under this section may provide that the contravention of any of the provisions thereof or of any condition of a licence granted under this Act shall be punishable with fine which may extend to five hundred rupees. 38. Repeal.—The Antiquities Act, 1968 (XIV of 1968), and the Antiquities Ordinance, 1975 (XX of 1975), are hereby repealed. M. A. HAQ, Secretary. —_—_— GOVERNMENT OF PAKISTAN, MINISTRY OF LAW AND PARLIAMENTARY AFFAIRS (Law Division) Islamabad, the 14th January, 1976 No. F. 24(1)/76-Pub.— The following Ordinance made by the President on the 10th January, 1976 is hereby published for genera! information ORDINANCE No. II or 1976 AN ‘ ORDINANCE to repeal and, with certain modifications, re-enact the Emigration Act, 1922 WHEREAS it is expedient to repeal and, with certain modifications, re-enact the Emigration Act, 1922 (VII of 1922) ; , AND WHEREAS the National Assembly is not in session and the President is sfied that circumstances exist which render it necessary to take immediate nEXTRAORDINARY PUBLISHED BY AUTHORITY ISLAMABAD, MONDAY, MARCH 22, 1976 PART [ Ordinances, President's Orders and Regulations NATIONAL ASSEMBLY SECRETARIAT Islamabad, the 22nd March, 1976 The following Act of Parliament received the assent of the President on the 19th March, 1976, and is hereby published for general information :— ACT No. IX oF 1976 An Act to amend the Centres of WHEREAS it is ex (XXIV of 1974), for th Acts, Excellence Act, 1974 pedient to amend the Centres o} © Purposes hereinafter appearing : f Excellence Act, 1974 It is hereby enacted as follows :— 1. Short title and commencement.—(1) This Act may be called the Centres of Excellence (Amendment) Act, 1976. 2) It shalt come into force at once, % ‘Amendment of section 4, XXIV of 1974—In the Centres Act, 1974 (XXIV of 1974), hereinafter 4— of Excellence referred to as the said A ct, in section (@) in clause (c), for the word and letters “ letters and words “, Ph. D. and other” shail be substituted ; and y (b) in clause (f), after the words “ Federal Government” at the end, the / Words “in consultation with the University in which the Centre is established” shall be added. and Ph. D.” the comma, 5. Amendment of section 5, Act XXIV of 1974.—In the said Act, in section o2 @ in sub-section (1), for clauses (f) and (g) the following shall be sub. stituted, namely :— “() Two experts in the subject to be nominated sg Recaent tl the recommendation of the Cor (189) Price: Ps. 9 by the Federal Go- mmission. (11261 Ex. Gaz(g) One expert in the subject to be nominated by the Syndicate of University. (h) One expert in the subject to be nomingted by. the” Acade Council of the University. : ee () Qne expert in the subject to be nominated by the Natio E cation Council. @ Director of the Centre.” ; and (b) In sub-section (2) in clause (a), le words “with the concurrencs University in which the Centre after the word “Centre” at the ¢: © of the Academic Council of t is established” shall be added. 4. Amendment of section 6, Act XXIV of 1974,—1, in sub-section (1), for the words “on the recommendation of the Commussion the words and comma “ after consultation with the Commission and the Vic ‘lor of the University in which the Centre concerned is established, ” she be substituted. In the said Act, in section 5. Amendment of section 10, Act XXIV of 1 10, after the word “ Act ” at the end, the com: to regulate the financial and admit be added. '974.—In the said Act, in sectic ima and words “ , including rul inistrative matters relating to a Centre” sha 6. Amendment of section Ul, Act XXIV of 1974.—In the said Act, in sectio 11, after the word “ Tegulations”, the words “concerning academic — matters shall be inserted. M. A. HAO, Secretary PRINTED BY THE MANAGER, PRINTING CORPORATION OF Fy "AKISTAN PRESS, ISLAMABAD PUBLISHED BY THE MANAGER OF PUBLICATIONS, KARACHI.9 The Gazette i ai of Pakisian ae EXTRAORDINARY PUBLISHED BY AUTHORITY ISLAMABAD, THURSDAY, APRIL 8, 1976 PART I Acis, Ordinances, President's Orders and Regulations GOVERNMENT OF PAKISTAN MINISTRY OF LAW AND PARLIAMENTARY AFFAIRS (Law Division) Islamabad, the 8th April, 1976 No. F. 24 ()\76-Pub. The following Ordinance made by the President on the Sth April, 1976, is hereby published for general information ORDINANCE No. XV oF 1976 AN ORDINANCE 10 provide for the abolition of the system of Sardari and for matters ancillary thereto ; WHEREAS’ the system of Sardari, 's the worst remnant of the oppressive AND WHEREAS the Proclamation of Emergency referred to in Article 280 of the Constitution of the Islamic Republic of Pakistan is in force ; AND WHEREAS the National Assembly is not in session; NOW. THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President “ bleased to make and promulgate the following ‘Osdinamen 1. Short title, commeacement and application.—(1) This Ordinance may be called the System of Sardari (Abolition) Ordinance, 1976, (193) Price : Ps, 19ae REGISTERED No S209 of Pakistan EXTRAORDINARY PUBLISHED BY AUTHORITY ISLAMABAD, FRIDAY, APRIL 16, 1976 PART I Acts, Ordinances, President's Orders and Regulations NATIONAL ASSEMBLY SECRETARIAT Islamabad, the 16th April, 1976 The following Act of Parliament received the assent of the Pre: th April, 1976, and is hereby published for general information : ACT No, XI oF 1976 ? Act further to amend certain laws relating to industrial relations and welfare of workers Wuereas it is expedient further to amend certain laws relating to indus- Al relations and welfare of workers for the purposes hereinafter appearing : Tt is hereby enacted as follows :— 1, Short title, extent and commencement.—(1) This Act may be called the xbour Laws (Amendment) Act, 1976. (2) It extends to the whole of Pakistan. (3) It shall come into force at once. x 9} Amendment of certain Iaws.—The laws specified in the Schedule shall * amended in the manner specified in the fourth column thereof. 3. Transfer of pending cases—Any matter under section 25A of the Indus- al Relations Ordinance, 1969 (XXTII of 1969), pending before a Junior Labour ourt immediately before the sixteenth day of January, 1976, shall stand trans- ted to the Labour Court. (201) 574 Ex. Gaz.]REGISTERED No f= The Gazette of Pakistan a EXTRAORDINARY PUBLISHED BY AUTHORITY “ISLAMABAD, FRIDAY, APRIL 16, 1976 ¥ PARTI Acts, Ordinances, President's Orders and Regulations NATIONAL ASSEMBLY SECRETARIAT Islamabad, the 16th April, 1976 The following Act of Parliament received the assent of the President on the !2th April, 1976, and is hereby published for general information :— ACT No, XI oF 1976 in Act jurther to amend certain laws relating to industrial relations and weljare of workers Wutxeas it is expedient further to amend certain laws relating to indus § trial relations and welfare of workers for the purposes hereinafter appearing ; It is hereby enacted as follows :— |. Short title, extent and commencement—(1) This Act may be called the Labour Laws (Amendment) Act, 1976. (2) It extends to the whole of Pakistan. (3) It shall come into force at once. x? Amendment of certain laws—The laws specified in the Schedule shall _ be amended in the manner specified in the fourth column thereof. aed 3. Transfer of pending cases—Any matter under section 25A of the Indus ‘rial Relations Ordinance, 1969 (XXIII of 1969), pending before a Junior Labour ‘urt immediately before the sixteenth day of January, 1976, shall stand trans- ferred to the Labour Court. (201) 1514 Ex. Gaz] ‘ Price : Ps.require the trantey 1 of & Junior La the comunenceng posed of by the Lah 1975 (xxy, 0 (5), for clause tuted, namely ta Magistrate, by rear of land or” at the end nd thereafter th 1¢ added, namely al under this cast morandy a certifi. £0 ffect that the ay (1), in clause (b)— the words and justments, if an hall be substituted ; andSTAN. EXTRA, APRIL 16,197 3g ; GAZETTE OF PARE ing in this Act shall be deemed! uunal of any: appeal from # diem abour Court immediately Such appeal shall be heard and not come into force, bour Laws (Amendment) Ording THE, \CHEDULE (See section 2) FA econ oO Oh Laleting mand semeby Short title net tas + Lane Com Smtr a Unban WO OKT of hum Workmen's Section 31 shall be rem sation Act, of that section andy numbered as afore “@) Without prejudice tot Section (1), the: in the prescribed 4 referred (0 thersia the moveable p Person by whom the oe by attachment able property bela payment of 1. In section 1, in sub es Act, 1936, the following shall be: “(8 if the authority t the authority aga or, in the rity by distress and: property Shon the amount attachment and property belonging 40: tion 17, in sub for the comma and word colon shall be substituted! following proviso shall be 9d “ Provided that no hall he alos appeal is. a 7 fe sect 2 ter sna coe? te Ranney, the authority to the nad te eaten, dy pellant has deposited oo : i Se the amount payable een Se ene appealed against, Of a st Pakistan _In section a ee a 6 Be oul § suiny ih bo “Or 3 Demat Me Rudhenang porate y 4 , Alettathing in this Act ¢ Tribunal of any apy re_a Labour Court im y such appeal shall be had not come into Labour Laws (, saled. 5. West Pakistan Ww Ordinance N aste ne Short title & Viof 19 ial ‘Employmen rdinance, 1968 3 he Workmen's Compensation Act, 1923. © payment of /ages Act, 1936, Xk of IH of 1969, The Industrial lations ¢ 19.08 Ordin Re- 1, APRIL 16.1976 ° 203 aa 6) for the full stop at the end a colon shall be substituted wad thereafter the following proviso shall be added, namely “ Provided that, where the accounts hawe n audited by nder section 2 Relations Ord » 1969 OO of 1969), the profits shall be assessed on the basis of such audit section 7, for sub-section (6) the following shall be substituted, namely “(6) No court other than a Labour Count established under the Industrial Reletions Ordinance, 1969 (XXIII of 1969), shall try any offence under this Ordinance. In the Schedule, (a) in Standing Order 10B, in clause (ii after the word “ against “, the words * natural death and disability and ” shall be inserted ; (4) in Standing Order hall the employment of m the workmen or 1A, after the word ords “ tcrminate tne © than fifty per cent of shall be inserted ; and (c) in Standing Order 15, @ in clause (4), after the word * oe conduct the words “ withie oe month of the date of such miscamdune or of the date on which the alhoped nisconduct comes to the notice of the employer ™ shall be inserted ; and (ti) in clause (5), after the word time © = the words mas, figures andl bract however, the shall Rel CXXIIL of 1965) In section 2 Tee 2: for clause (rive) ¢p shall be substituted, marelt “Uxivay “> tee ca ne “pPointed under this Ace = * In section theres @ Coton sh added, namely .°Uow * Pro be204 1 ) STAN. EX THE GAZETTE OF PAKISTAN, EXTRA., APRIL 16, I I F = . a), after word * rlag* ‘ 4, the words “alongwith sor at of ihe total nomber of wat employed therein ™ shall be added ant after sub-clause (iva), the following sub-clause shall be added, namely (ivb) the names and addreses of registered trade unions in the eat ment, group of establshners ¢ industry, as the case may be, to wid the union relates; In section 7, for sub-section (2) theflles shall be substituted, namely :— : 2) Without prejudice to the proves ; sub-section (1), a trade union of watae shall not be entitled to registration me anata the Ordinar oa unless all its members are wotns id actually engaged or employed in the ids try with which the trade union is cm x ted ; and y on where there are two of more rege wend trade unions in the establishment, 83 nerves of establishments or industry with wi] ne pens the trade union is connected, uoks Nae has as its members not less than ait fifth of the total number of workn employed in such establishment, #0 Th f establishments or industry, as the as 1 joe y be.” “0 5, In section 22A,— — (@) in sub-sections (9), (10) and (10a) # words “Junior Labour Court or” si be omitted ; and () in sub-section (12),— () the words “ a Junior Labour G4 or” shall be omitted ; and » (i) in the proviso, the words * Jai ’ Labour Court ‘and "shall be oo Pw ted. 6. In section 2B, in sub-section (3), the) “a Junior Labour Court or” and th, 4) and comma “ Junior Labour Cost shall be omitted. In section 238, (@) in sub-section (1), for the word “twest the word “ fifty * shall be substituted (6) in sub-section (6), ( «) Te () in clause (iii), the word “a all for re at the end shall be omitted; . nee (it) in clause (iv), for the full sop #3 se forma end a semi-colon shall be sts ted ; and The(@) it sesarta e ©) in sub-section (6), () in On egitmse % ted ; and THE GAZETTE OF PAK nd tae is ‘i @) in slause 0, for be XTRA.. APRIL 16, 1976 2 (it) after claw: ours said, the ‘ shall be added ually : aity working 4 wt . following sha 1 (a) ** fa —aceng as ir I A 4 xxY of 1934 After _sectic 3B o the following new or tens namely Ca lottt Management tens Lvery ny w ~ see factory, and in ov fifty persor x in the prescribed i . ment board in which ‘ “ tion shall be to the ex ner on Q) The the? joint ‘ @) The joi 2 look after the te wing mma - — (2) improveme satisty the Provided that, where a collective bar- at the matter bas ben gaining agent or a trade union ; ee, = te petforming the functions of a col- ng tase, Fo lective bargaining agent under se irawal, tion | 52 exists, the employer shi Hot enter into a settlement with any other trade union, and any con. iravention of this provision shall be deemed to be an unfair labour ) practice under section 15 .”. » 36C, 36D, 368, ani ted. ), after the words, bre MOHAMMAD ILYAS, res. sub-section Additional Secretary, igures and letter “ ora under section 254 i ; and GOVERNMENT OF PAKISTAN » after the word “ tha” gure, letter and comm 4 under section 254, INISTRY OF LAW AND PARLIAMENTARY AFFAIRS (Law Division) 9) eth, Islamabad, the 16th April, 1976 rds, nunder seaion 26° | No. B. 24 (1)/76-Pub.- 3 and ‘he 14th April, 6), the following oe The following Ordinance made by the President on 1976 is hereby published for general information :— be added, namely ORDINANCE No. XVII oF 1976 I may, on its oF nthe: zpplication AN any application or pit Labour Court wie ORDINANCE nto any other sit one amend the Abandoned Properties (Taking Over and Management) Act, 1975 din, anything 1 r ection 8B | Waercas it is expedient to amend the Abandoned Properties (Taking Over red. to. if agaioeat Pd Management) Act, 1975 (XX of 1975), for the purposes hereinafter appearing ; ment of a workings AND wu. e Proclamation of Emergency referred to in Article 280 ay EAS the Proclamation rergency re ore the Constitution is still in force: roca! wibin ew MIAN wateRicas the National! Aieably i not in session and the P ing preferred : hat, if such et dor of te Tt WEBONOW, racaerone, in exercise Of the powers conferred by clause (1) of Article snd vacated on ® 4 MOE tho Constitution of the Islamic Republic of Pakistan, the President is pleased that period .". Make and promulgate the following Ordinance :— le 1 i i) This Ordinance may be called th tion (Dy Short title and commencement—( y e ae tf) pitdoned Properties (Taking Over and Management) (Amendsrent) Ordinance, Dceedings 1976, etween the employe bargaining ase ident is fg that circumstances exist which render it necessary to take immediate (2) It shat! come into force at once and shall be deemed to have taken effect the twelfth day of February, 1995.208 THE GAZETTE OF PAKISTAN , APRIL 16, 19 1 2 3 4 (6) after sub-section (4), the sub-section shall be addec “ (5) If the parties to 2 time before a final ord the Labour Court, sat Court that the matte solved by them amical there are sufficient withdrawing the case, such withdrawal. ”. 11. Sections 36A, 36B, 36C, 36 36F shall be omitted. 12, In section 37,— (a) in sub-section (3), after th kets and figures “ sub- the words, figures and decision given under se shall be inserted ; and (6) in sub-section (4), after the the words, | figure, lette “decisions given under shall be inserted. 13. In section 38,— (a) in sub-section (3), aft “award”, the words, fi * or decision given under shall be inserted ; and (&) after sub-section (6), the sub-sections shall be add “(7)_A Tribunal may motion or on the a party, transfer any ap ceeding froma Labou its jurisdiction to ¢ Labour Court. (8) Notwithstanding tained in sub-section a preferred. tc Fast ots, Laboor the _re-instatement « the Tribunal makes the operation of t Labour Court, the decide such appeal days of its being P _ Provided that, is, not decided wit aforesaid, the orde bunal shall stand. expiration of that 14. In section 39, in sub-sectior (@ after the word “ proce words “‘or otherwise betws and the collective bar shall be inserted ; andGAZETTE OF PAKISTAN, EXTRA. APRIL 16, 1976 209 2 a 4 tin i) in clause. (@), for the full stop at the erd namely a colon shall be substituted and there aiter the following proviso shall a case, at any bz added, namely :— et is passed by isfy the Labour “ Provided that, where a collective bar has been te gaining agent or a trade union bly and thit performing the functions of a col grounds for lective bargaining agent under sec it may allow tion 52 exists, the employer shuill not enter into a settlement with any other trade union, and any con- D, 368, anf trayention of this provision shall » be deemed to be an unfair labour 4 practice under section 15 . MOHAMMAD ILYAS, e words, bay section (I) *, ‘Additional Secretary. letter “or 8 ction 254" ee GOVERNMENT OF PAKISTAN word “ than" onl come MINISTRY OF LAW AND PARLIAMENTARY AFFAIRS ection 25A, (Law Division) ny the coe Islamabad, the 16th April, 1976 are, and, te 4 ; section 254” No. F, 24 (1)|76-Pub.—The following Ordinance made by the President on fk Ih April, 1976 is hereby published for general information :— following ne¥ ed, namely ORDINANCE No. XVII oF 1976 on its owt pplication of # AN lication oF pro” . ; Court Wit ORDINANCE ny other sit SED sie Abandoned Properties (Taking Qver land Management) Act, 1975 amend the Abandoned Properties (Taking Over 3f'1975), for the purposes hereinafter appearing ; Article 280 WHEREAS it is expedient to ment) Act, 1975 (XX gy WHeeAs the Proclamation of Emergency referred to in ft PU Constitution is still in force: Tribune yi i id the President is Fithin went) tational Assembly. is.not-in session and the President. ior BES WHEREAS the National 0S render it necessary to take immediate ‘ion ; cferred : that circumstances exist which ae he powers conferred by clause (1) of Article Reg rors. = oe Repiblic of Pakistan, the President is pleased © take and promulgate the following as 1) This Ordinance may be called the sud ort ie ana conan cal D agement) (Amendment) Ordinance, ‘operties Tt shall come into force at ‘once and shall be deemed to have taken effect twelfth day of February. 1975: aTHE GAZETTE OF PAKISTAN, EXTRA, A PRIL 16, 1976 * 2 3 (©) after sub-section (4), the follows " Subsection shall be added, 1¢ before a final order is the Labour Court, satisfy theLaie Court that the matter has been solved by them amicably and tat here are sufficient grounds fr withdrawing the case, it may lw such withdrawal, ”, * (9) If the parties to a case at wy by 11, Sections 364, 368, 36C, 36D, 368 af 36F shall be omitted, i 12. In section 37,— (@) in sub-section (3), after the words, bray. Kets and figures “sub-section ()) 5 the _ words, figures and letter "ott decision given under section 25h shall be inserted ; and (©) in sub-section (4), after the word “thas? the Words, figure, letter and coma “ decisions given under section 254, shall be inserted, 13. In section 38,— @) in sub-section (3), after the wal the words, figure and lle n given under section 254 shall be inserted ; and () after sub-section (6), the foll - Sub-sections shall be added, namely “() A Tribunal may, on its 9 motion or on the application ol § Party transfer any application oi geeding froma Labour Court wi its jurisdiction to any othet it Cou award ”, re-instatement of a Tribunal makes an order satel operation of the ae de aS ee such ap; b days of its being preferred ¢ Provided that, if such apa is not decided within the peed @foresaid, the order of the I bunal | shall stand vacated on expiration of that period .”. 14. In section 39, in sub-section (1),—_ THE GAZETTE OF PAKISTAN, EXTRA., APRIL 16, 1976 209 3 4 (i) in clause | (d), for the full stop at the end a colon shall be substituted and there- alter the following proviso shall be" added, ‘namely gaining agent or a trade union performing the functions of a cok. lective _ bargaining agent under sec. tion 52 exists, the employer shall not enter into a settlement with any other trade union, and any con ‘ travention of this provision shall be deemed to be an unfair labour , Practice under section 15 .”, | ~ Provided that, where a collective bar- MOHAMMAD ILYAS, Additional Secretary, GOVERNMENT OF PAKIS "AN MINISTRY OF LAW AND PARLIAMENTARY AFFAIRS (Law Division) Islamabad. the 16th April, 1976 oF. 24 (1)|76-Pub.—The following Ordinance made by the President on th April. 1976 is hereby published for general information =— ORDINANCE No. XVII oF 1976 AN ORDINANCE Md the Abandoned Properties (Taking Over and Management) Act, 1975 MEREAS it is expedient to amend the Abandoned Properties (Taking Over agement) Act, 1975 (XX of 1975), for the Purposes hereinafter appearing ;_ BWHEREAS the Proclamation of Emergency referred to in Article 280 4 stitution is still in force ; D Wie Be EAS the National Assembly is not in session and the President is lat cit cumstances exist which render it necessary to take immediate WY THEREFORE, in exercise of the powers conferred by clause (1) of Article ® Constitution of the Islamic Republic of Pakistan, the President is pleased and promulgate the following Ordinance :— hort title and 1) This Ordinance may be called the ned Properties (Taking Over and Management) (Amendment) O It shatt come into force at once and shall be deemed to have taken lfth day of February, 1975. i() after sub-section (4), the sub-section shall be added, “ (5) If the parties to time before a final the Labour Court, Court that the matter has been solved by them amicably and tit there are sufficient grounds withdrawing the case, it may such withdrawal. ”. 11. Sections 364, 36B, 36C, 36D, 6B, a 36F shall be omitted. i . In section 37,— (a) in sub-section (3), after the words, br kets and figures “* sub-section (1) ", the words, figures and letter * ork decision given under section 254 shall be inserted ; and + pace (6) in sub-section (4), after the word “that” he words, | figure, leter and cones MINISTRY OF LAW AND PARLIAMENTARY APEAIRS “decisions given under sectior shall be inserted. (Law Division) }. In section 38,— (a) in sub-sect 16th April, 16 oF decision No. F. 24 (1) 76-Pub wing Ordinance made by the Prev shall be inserted ; and the 14th A, e : Pr blished for information >— (b) after sub-section (6), the following 2 general Sub-sections shall be added, namely to. svi No. XVIL« “(1)_A Tribunal may, on its oF motion or on the application of # party, transfer any application Geeding froma Labour Cout Wa its. jurisdiction to any oR é Labour Court. »R DINANCE Manend the 4 ‘a War Takin Over end Management) ; Manager the Abandoned Properties og XX of 1975), for the purposes heceinallet AND Me mergency ccterred to in Ari Constitut at ci iy is not fm seston, andl the es Provided that, if such appa! J “on all @ l re Institution s regula letermine the amount by the Insitubon od 4° all acts anil erence to which the contributions shall be computed. ada Tsien hall be (3) Notwithstanding any agreement to the contrary, the he Institution. sha be given to it from fimell deduct from the wages of an insured person or otherwise ¢ recover from him shall be the sol “ of contribution. Government, which shall be the sole judge ae tg ition of con na question of policy or not 3g (4) Where the mode of payment of remuneration, 7. Board of Trustees. (2) In discharging its functions instructions on questions of policy by the Federal instructions are ‘ Kind, makes it difficult to deten the amount of (1) The Board of Trustees shall consist of # itibution, the Institution may, subject to ing members to be appointed by the Federal Government, by | a namely :— ; 10. Records and returns by ‘Every _ a tords and shall (a) the Secretary o; t Additional Secretary in the L ubmit to the Institution such also be the Chairman of t such particulars relating to in regulations, abour Division, W Board of Trustees ; fom and contairt may be provided (b) four persons to repre Ministries of Fin, Comte, Federal Government, one eal : 8 of establishments, ete.—(1) Commerce, Industries and Labour; an urty days from the day on Which - industry or establishment im respect of which he (©) four persons to represent the Provincial Governments, 6 7 inuicate to the Institution the name) aid other nominated by each of the Provincial ¢ vernments ; Mistry or establishment. and of every insted (d) four persons to represent employers : & Stablishment ay d Ee il communicate his name (©) four persons to represent insured Persons ; and : ay Every insured person may also < © Particulars to the Institution, two persons to Tepresent the Institution (3) On receipt of a communication under sub-section (1) or (2) Members to be 2 ee lasttutio, appointed under clauses (q shall respectively be cho Maier 3 “a n shall register the: nang ee eee ‘registration sen from a list of names subi) oe BD cag P20" in. such 7 be peeited 2) eae } Federal Yytt Orzanisations of employers a employees y Nc) form. as may be prescribed, 4 Federal Government for tha, purpose : DC employer's books.—(1) Any official of : 2. ‘ls of Institution to check ‘specified in the regula- Provided that, pending the making of rules in this behalf, the frst i aia o be by a ha? iat of any of the parti- May daaraPPointed shall be chosen fren face Persons as the Federal Ge stated 7, | he Seo retuns telerto to fa potion 10 OF for the Purpose ; ed in the records OF retufis oat been compiled Wig ining whether any of the provisions of this Act have rod Mer® and functions of the Board ot arabe iti pow! 4 Sonferred on, and the functions entrusted De “ ane to it ovision Act or by the rules, the Boat Shall have powers.” ‘He other py oa ae cs information as he : ‘ Board for the purpose. i itution may, from — stments and loans.—(1) Subject to rules, the Instit time S Fo vel wa oneys which are not immediately required for expenses under this A d may reinvest or realise such investment. i Federal Govert n may, with the previous sanction of the 4 “rms as it may specify, raise loans and take measures ch loans. (2) The 1 it Ment and on such discharging ituti draw up annually 19. Budget, accounts and audit—(1) The Institution shall draw tome iture during the @ budget showing the anticipated receipts and expendi ‘Governielif Year and shall submit it to the Board for the approval of the Federal ‘wee ex it in 2) The Institution shall maintain accounts of its income and expenditure Such form and manner as may be prescribed. ees ‘on the thi (8) The books of account of the Inwiztion sel ty St Tune each year and its accounts shal be prescribed. Federal Government at such time and in such manner as may be PE ‘ the books of (4) The auditors, shall at all reasonable, times BAYES sites: ietals and other documents of the Institution and) mys TS eta may the audit call for such explanation and ioc ° MMoine any principal or other officer of the Tasttution Government their report to- | (5) The auditors shall forward to the Federal * Sher with an audited copy of the accounts of the Institution i iit to the Federal Govern- 20. Annual Report.—The Institution shall, submit tan annual report of its work and activities. a tution shall, at intervals i vation ‘made in the prescribed Ment tot 2! Valuation of assets and more than five years, have a net of its assets and liabilities : Provided that the Federal Government may Much other times as it may consider necessary direct a valuation to be madeon THE GAZETTE OF P, —— 222 THE GAZETTE OF PAKISTAN, EXTRA., APRI 4 2) Subject 10 regulations, the invalidity allowance shall rae | the Pct following that in whieh the insured person satisfies BENEFITS ititlement thereto ; ied that the invalidity allowance shall not be payable retroactively for — foe han «ix months preceding thet tagait's whieh sa apeiiita tae 282 east validity allowance is submitted, age or, in the case Of Bam (3) The invalidity allowance shall be payable so long as invalidity continues: ig 4p Jed that an insured person who has been in receipt of the invalidity ae for not less than five continuous years or attains the age specified in cause (a) of sub-section (1) of section 22 shall be entitled to the in ity alowence for lif (re 22. Old-age allowance.—(1) An insured person shall be entitled allowance at the rate of seventy-five rupees per month provided tat (a) he is over fifty-five years of years ; (b) he has retired from insurable employment ; and (c) contributions in respect of him were payable for not years 4 CuapTer VI ‘a Provided that the old. month for every additional y PROVISIONS COMMON TO ALL BENEFITS fied in clause (a). ; 24. Calculation of qualifying contribution pers i aT fe Late ‘ i fribution periods for entitlement 10 a benefit this Act, periods : (2) If, on the Ist day of Jul: 1976, or on any day thereafter which inyalidit waunce has been paid to an insured person Act becomes applicable to an industry or establishment, an inst d ing the age of fi \e years, or fifty years in the case of a woman, over forty years of or over thirty-five in case of a woman) @ benefit or: allowance shall be increased by fiveNm ar of insurable employment beyond) ther ‘ inrespect of which maternity benefit, Or sickness 5 Deneiit By sub-section (1) shall have effect as if for the word “fifteen "=thereltl disablement pension have been paid under the West Pakistan. , * seven” were substituted _ Security Ordinance, 1965 (W.P. Ordinance No. X of 1965), ee pe me hall be deemed to be coi ti iods to such extent as may 0 (3) Subject to regulations, the old-age allowance shall eon te contribatoa iar : regulations the month following that in which the insured person satisfies the By regulation entitlement thereto, provided that no allowance shall be payable More than six months preceding the month in which an application | allowance is submitted. ‘ 25, Benefit claims and payments—(1) All claims for an é c Ihis Act shall be made in writing and shall be accompanied by such do Mformation and evidence as to entitlement as may be provided by i (2) Payment of an allowance shall be made in such manner, times and places. as may be provided by regulations. 26. Extinguishment of benefits.—A right to the invalidity Re allow. shall stand extinguished where a claim the Mihin twelve months of the date on Which the allowance 27. Suspension of old-age allowance.—Subject to fj wlowance shall be suspended when; and so long as to it ‘a (4) Insurable employment of a person for the purposes of this commence on the date from which the first contribution in respect of | comes payable. aa (S) The old-age allowance payable to an insured person shall Be te At the end of the month in which the death of such person occurs, (6) The old-age allowance may, at the request of an insured pe ad commuted on such grounds and in such manner as may be § regulations. m ,) has taken up insurable employment in which he earns more than # 23. Invalidity allowance.—(1) An insured person who sustains invalid « old-s c allowaieal or : Xi Re ‘be entitled to an invalidity allowance at the rate of seventy-five 6) : Pakissaal except where the regulations provide othe Is absent from Pakis j . Month, provided that— Wise. . a (a) contributions in respect of him we a : : eee pect of him were payable for not less for a’: Nen-duplication of allowanees--(1) An insured person shall not be : ' fhe same period more than one of the allowances provided for in this . (b) ‘contributions in respect of him were payable for not less) wi is entitled to more than one allowance Years since his entry into insurable employment and tor no tis ite The Phe Higa Bay cupeicds, s three years during the period of five years. preceding, the: Lnall, be: givens 4 which he sustains invalidity > avd CjaNhere an insured person is entitled t0 an. allowance s ae ; blement pe Pakistan (©) in either case, > eee e pension under the West = (©) ae » he is under fifty-five years of age, or fifty )

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