Updated: Saturday March 08, 2014/AsSabt
Jamada El Oula 07, 1435/Sanivara
Phalguna 17, 1935, at 04:05:23 PM
The Azad Jammu and
[Ordinance XXXII of 2011]
AZAD GOVERNMENT OF THE STATE OF
Law, Justice, Parliamentary Affairs and Human Rights
Department
*****
“Muzaffarabad”
Dated: 29-06-2011
No.LD/Legis/620-30/2011. The following Ordinance made
by the President on the 22nd day of June, 2011, is hereby published for
general information.
An Ordinance to provide a law for the purpose to
regulate and facilitate the cross LoC travel and trade.
Whereas it is expedient to establish an
independent authority which shall have mandate to regulate and facilitate the
cross LoC travel and trade in a functional manner and the authority so
established shall be assigned and to undertake functions in connection with
cross LoC travel and trade in the manner here-in-after appearing;
And whereas, it is appropriate that the Authority so
established shall be assigned and to undertake functions in connection with
Cross LoC travel and trade;
And whereas, the Legislative Assembly is not in
session and the President is satisfied that circumstances exist which render it
necessary to take immediate action;
Now, therefore, in exercise of the powers
conferred by sub-section (1) of Section 41 of Azad Jammu and Kashmir Interim
Constitution Act, 1974, the President is pleased to make and promulgate the
following Ordinance:-
1. Short title and Commencement.- (1) This
Ordinance may be called the Azad Jammu and Kashmir Cross Loc Travel and
Trade Authority Ordinance, 2011.
(2) It shall come into force at once and shall be
deemed to have taken effect from 22.06.2011.
2. Definitions.- In this Ordinance, unless
there is anything repugnant in the subject or context, following expressions
shall have the meanings as hereby respectively assigned to them:-
(i) ’Authority’ means the Azad Jammu and
Kashmir cross LoC travel and trade Authority constituted under Section 3 of the
Ordinance;
(ii) ’Board’ means the board constituted
under the sub-section (2) of Section 9 of the Ordinance;
(iii) ’Chairman’ means the Chairman of the
Authority;
(iv) ”Cross” denoting interaction or passing
through LoC the persons and goods from Azad Jammu and Kashmir to Indian
occupied
(v) ’Government’ means the Azad Government
of the State of
(vi) ’Quarantine procedure’ means and
includes regulating a procedure at LoC to avoid communicable disease or its
spread into AJ&K;
(vii) ’LoC’ means Line of Control between
Azad Jammu and Kashmir and Indian occupied part of the State of Jammu and
Kashmir;
(viii) ’Ordinance’ means the Azad Jammu and
Kashmir Cross LoC Travel and Trade Authority Ordinance, 2011.
(ix) ’Prescribed’ means as may be prescribed
by regulations.
(x) ’Regulation’ means the regulation made
by the Board under Section 27.
CHAPTER-I Preliminary
AUTHORITY
3. Composition of the Authority.- (1) There
shall be an Authority to be called the Azad Jammu and Kashmir Cross LoC Travel
and Trade Authority to be notified in the official gazette.
(2) The Authority shall comprise of Chairman and
suitable number of officers and employees to be selected on the basis of their
expertise having relevance to objectives of travel and trade across LoC.
(3) The Authority shall have the exclusive right to
use emblem, motto, logo, decorations, descriptive or designating marks in the
name “Azad Jammu and
4. Regional Offices of Authority.- The Authority
may, with prior approval of the Government, establish its offices at such
places in Azad Jammu and
5. Chairman.- (1) The Chief Secretary Govt.
of AJ&K shall be ex-officio Chairman of the Authority.
(2) The Chairman shall together with other officers,
be responsible for the management of all affairs of the Authority and
achievement of desired objectives. Subject to the regulations made by the
Authority, the Chairman shall be assisted by other subordinate officers and
servants in carrying out the functions of the Authority. The Chairman shall
report to the Government on all matters including those delegated by him to the
subordinate officers in the Authority.
6. Director General.- (1) There shall be a
Director General of the Authority who is or has been civil servant of AJ&K
in grade 20 or above or is a retired personnel from Pakistan Armed Forces of
equivalent rank, to be appointed, on recommendations of Selection Committee, by
the Board.
(2) The Director General shall Principle Accounting
Officer responsible to report to the Chairman. He shall, together with other
officers nominated by the Chairman, be responsible for the day to day
implementation of the approved plans diligently, timely and effectively.
Subject to the regulations made there-under, Director General shall be assisted
by other subordinate officers and servants in carrying out the functions of the
Authority.
(3) The Director General shall provide all secretarial
services to the Authority.
7. Human Resource of the Authority.- (1) The
human resource of the Authority shall comprise the following, namely:-
(a) Employees to be appointed on contract basis
from amongst State Subjects of the State of
(b) AJK civil servants appointed on deputation
basis to be paid from funds of the Authority.
(2) The salaries, allowances and other perks and
privileges as declared admissible to the officers and officials shall be paid
out of the fund of the Authority.
(3) The terms and conditions of service of any person
referred to in sub-clause (2) shall not be varied by the Authority to his
disadvantage.
(4) The Authority may, from time to time, employ
persons to be employees of the Authority who may be paid remuneration and
allowances in accordance with procedure approved by the Board of the Authority.
These employees shall hold office during the pleasure of the Authority and
shall be liable to disciplinary action in accordance with the regulations made
by the board.
8. Authority to furnish information.- The
Authority shall furnish to the Government, such information with respect
to implementation of any policy which it is pursuing or proposes to pursue in
the performance of any of its functions under this Ordinance or as the
Government may, from time to time, require.
9. Management.- (1) The general direction
and administration of the Authority and its affairs shall vest in the Board.
(2) Board shall consist of the following members,
namely:---
a. Chief Secretary
GoAJK Chairman
b. Additional
Chief Secretary (Gen.) Vice-Chairman
c. Senior Member
Board of Revenue Member
d. Inspector
General
Police Member
e. Secretary,
Industries Department Member
f.
Secretary, Finance Department
Member
g. Secretary Law
Member
h. Secretary
Transport
Member
i.
Commissioners MZD/Poonch Division Member
j.
President AJK Chamber of Commerce and Industries Member
k. At least two
members nominated by the Govt. from amongst the public representatives or
persons having relevant experience and knowledge
Member
l. Director
General
Member/Secretary
(3) Any other member may be co-opted with the approval
of the Chairman.
(4) The Board may constitute Executive Committees to
carry out any particular mandate and formulate policy or recommendation on any
point of reference assigned to it.
CHAPTER-III
POWERS AND FUNCTIONS
10. Powers and functions of the Board.- (1)
The Board shall be the decision making body of the Authority having the power
to supervise, control, direct and regulate the affairs of the Authority and
shall have the following other functions, namely:---
(a) to devise strategies and improve the
procedures for facilitation of travel of AJK State Subjects across LoC;
(b) to establish short, medium and long term and to
undertake critical success factors and key performance indicators of Trade;
(c) to review performance of the Authority annually including
pre-agreed critical success factors and key performance indicators;
(d) to advise suitable measures and procedures;
(e) to consider and approve regulations proposed
to be made by the Authority;
(f) to consider and approve budget for each
financial year and approve expenditure therefrom;
(g) to express its opinion in writing on any policy
matter referred to it by the Government or the Authority;
(h) to exercise all such powers and perform all such
functions as are conferred or assigned to it under this ordinance; and
(i) to create posts and positions required to perform
the activities and functions of the authority.
(2) All policy decisions, including any change in
policy, in respect of all and any matter within the jurisdiction of the
Authority, shall be made by the Board. The Board may also adopt policy
recommendations with or without modifications as the Board may deem fit in its
sole discretion.
(3) The Board shall have the authority to delegate any
of its powers to Chairman or any other officer of the Authority.
11. Powers and functions of the Authority.- (1)
The Authority shall have all such powers as may be necessary to perform its
duties and functions under the Ordinance.
(2) The Authority may, having regard to its functions
and to exercise its powers, organize itself into administrative units as may
consider expedient, with the approval of the Board.
(3) The Authority may, having regard to its functions
and to pursue the purposes of this Ordinance, appoint and notify committees,
bodies, form entities etc. consisting of employees, persons of the
private sector or the Government.
(4) The Authority may, from time to time, identify
matters suggesting to the Board to make policy decisions and may also make
recommendations regarding policy to the Board for its consideration provided
that any matter referred to the Board by the Authority shall require prior
approval of the Chairman.
(5) Without prejudice to the generality of the
foregoing provisions of this Section, the Authority shall perform the following
functions, namely:---
A- Cross LoC Travel.-
i. to regulate, facilitate, supervise and manage
cross LoC travel of state subjects of the State of Jammu and Kashmir, through
appointment of designated officers in appropriate number and for one or more
crossing points, in accordance with the terms and conditions mutually agreed
and executed between the Government of Pakistan and India appended and
modified or improved from time to time;
ii. to pursue policies and instructions, from
time to time, issued by the Board and shall ensure smooth handling of travel
related functions in the most feasible manner;
iii. to coordinate with Ministries of Interior
and Foreign Affairs and other institutions of Government of Pakistan in
connection with the functions and objectives of cross LoC travel;
iv. to provide travel assistance to outgoing or
incoming travelers and businessmen in co-ordination with the Ministries
of Foreign Affairs, Interior and other related institutions of Government
of Pakistan;
v. to maintain travel archive of the Authority;
vi. to secure custody and preservation of all
documents relating to travel submitted to and emanating from the
Authority;
vii. to receive, process, and store, efficiently
and quickly, the documents lodged with and the information given to it,
regarding travel and trade across LoC;
viii. to acquire land for construction of
terminals; and
ix. to consider and suggest reforms of the laws,
rules, regulations and policies relating to travel and trades across LoC.
B- Cross LoC Trade.-
i. to pursue, execute, manage and exercise
control over cross LoC trade in accordance with modalities as agreed between
the Government of Pakistan and India as may be prescribed as well
as methods and procedures from time to time approved by the Governments
of Pakistan and India to be reflected in a strategy and plan within the policy
frame work approved by the Board;
ii. to plan, organize exhibitions, delegations to
and from Azad Jammu and
iii. to implement directives of the Government and
the Board relating to trade development and promotion;
iv. to develop a consistent, sustainable and
result oriented, holistic trade development plan, outlining vision,
objectives, strategies and plans as approved by the Board;
v. to achieve synergy in development of trade by
forgoing effective liaison with private and public stakeholders;
vi. to encourage and promote research in cross
LoC travel and trade and policy related studies that may facilitate in
formulating an effective policy and plans;
vii. to plan and organize travel and trade
promotion cross LoC through advertising in local and international print,
electronic and other appropriate media;
viii. to encourage and reward leading traders
through recognition and rewards, initiatives and incentives etc. including
making recommendations to the Government for trade awards including civil
awards;
ix. to promote trade in different sectors where
separate sectoral boards / bodies currently exist or will be formed in the
future;
x. to examine supply chains of strategic trade
sectors and develop plans and initiatives for strengthening supply base
including traders’ capabilities and capacities;
xi. to monitor progress against these plans for
information of the Board;
xii. to provide travel assistance to outgoing or
incoming businessmen, in co-ordination with the Ministry of Foreign
Affairs and other institutions of Government of Pakistan;
xiii. to encourage, establish and manage where
appropriate trade development centers, business support units, display centers
and facilities, and information centers, etc.;
xiv. to promote traders and stakeholders’
education and training of intermediaries of trade related supply chain;
xv. to facilitate the availability of finance to
traders, small and medium scale enterprises, risk management of traders
and buyers, energy and infrastructure needs of traders and related industrial
areas and zones, quality management, social, environmental and security
needs and generally all aspects of trade facilitation etc.;
xvi. to encourage and promote human resource
development in the trade sectors;
xvii. to pursue with respective stakeholders the
development of policies, regulations and standards for the travel, trade of
goods;
xviii. to provide advisory support to
stakeholders;
xix. to prepare and seek Board’s approval of the
annual budget;
xx. to manage funds available to the Authority in
accordance with regulations approved by the Board;
xxi. to have the administrative control of
warehouses and other trade development entities owned by the Authority in
Azad Jammu and
xxii. to maintain trade archives of the
Authority;
xxiii. to secure custody and preservation of all
documents submitted to and issued by the Authority;
xxiv. to set up sectoral trade committees;
xxv. to implement directives of the Government
and the Board relating to trade development and promotion;
xxvi. to prepare Annual Report of the Authority;
xxvii. to inculcate a quality assured ethics in
traders while encouraging value addition of trades;
xxviii. to take initiatives for maintaining facilities
etc. to improve the performance of traders in the interest of generating
economic activity, reducing cost of doing business and enhancing supply
chain efficiency;
xxix. to maintain the confidence of travelers and
traders by appropriate communications;
xxx. to improve existing methods and devise new
options for the expeditious settlement of claims and disputes between traders
and their buyers; and
xxxi. to promote awareness among traders and buyers
and all relevant stakeholders with respect to the benefits of trades and
general policies of the Government.
12. Supplementary provisions.- (1) All
guidelines, decisions and directives whether of the Board or the Authority
shall be made in writing expressed by resolutions, orders or in such other form
as may be appropriate in the circumstances and shall be authenticated in the
manner prescribed by the regulations.
(2) All policy decisions and directives of the Board
and the Authority respectively shall be published and the Board and the
Authority shall make such publications available to the public.
(3) The Authority shall, in adjudicating upon the
rights of any person whose application on any matter it is required to consider
in the exercise of any power or function under this Ordinance, give the reasons
for its decision after giving the person right of hearing.
13. LoC Crossing Points.- Following are the
crossing points at LoC, however, such points can be changed or increased
according to mutual agreements between Governments of Pakistan and India:-
(a) Rawalakot-Poonch
(b) Chakothi-Uri
(c) Chaliana-Tithwal
(d) Tatta Pani-Mendher
(e) Haji Peer-Silli Kot.
14. Travel across LoC.- (1) Travel
across the LoC shall be possible through all the crossing points as mentioned
in Section 13, through standards operating procedures (SOPs) and also in
accordance with specific procedure as may be, from time to time, notified by
the Authority.
(2) The State subjects of Azad Jammu and
(3) The Application Form duly filled in shall be
submitted to the Authority along with attested copy of computerized National
Identity Card and State Subject Certificate.
(4) The application received under sub-section (3)
shall be processed by the Authority as per procedure specifically laid down and
made applicable in this behalf, by the Board.
15. Trade across LoC.- (1) The trade
across LoC shall be made through following trade points which may be
increased, modified and included from time to time:-
(a) Chakothi --- Salamabad
(b) Rawalakot (Titrinote) --- Poonch
(Chakkan-da-Bagh).
(2) The trade shall be limited to be the items
prescribed in the Modalities of the cross LoC Trade as may be prescribed.
(3) The trader shall have to obtain Single Entry
Permit for the driver in Form as may be prescribed.
(4) On obtaining Single Entry Permit, the trader shall
obtain Plant Health Certificate strictly in accordance with standard Quarantine
procedures, from the Authority if any agricultural good is to be traded as may
be prescribed.
(5) The product to be traded shall be properly scanned
and inspected by the Authority and there after Cargo Manifest shall be issued
by the Authority as may be prescribed.
(6) The truck loaded with goods driven by driver in
whose favour the Single Entry Permit is issued shall be permitted to cross LoC
from specific trade point on the schedule time and day fixed by the Authority
from time to time.
CHAPTER V
FINANCE
16. Fund.- (1) For the purposes of the
Ordinance, a non-lapsable Fund shall be established to be administered and
controlled by the Authority.
(2) The Fund shall consists of,---
(a) such sums as the Government of Pakistan, AJ&K
Council, and the Government may, from time to time grant through non-lapsable
regular budget:---
Provided that Rs. 50.00 million already provided by
government of
(b) fees, fare, penalties or other charges levied or
collected by the Authority; and
(c) all other sums or property which may in any manner
become payable to or vested in the Authority in respect of any matter
incidental to the exercise of its functions and powers.
(3) All expenditure shall be incurred in accordance
with financial and administrative regulations, approved by the Board.
(4) The Authority may open and operate one or more accounts
in LoC, or in foreign currency, in any scheduled bank or the Bank of Azad Jammu
and
17. Budget.- The Authority shall, in respect of
each financial year, prepare its own budget and submit it after obtaining
approval from the Board to the Government, three months, before the
commencement of every financial year.
18. Expenditure to be charged on the Fund.- (1)
The Fund shall be spent for the purposes including:-
(a) for payment of any expenditure lawfully incurred
by the Authority including but not limited to, the remuneration of its
employees appointed and employed by the Authority and legal fees,
expenses and costs;
(b) for payment of any other expenses, costs or
expenditure properly incurred or accepted by the Authority in the performance
of its functions or the exercise of its powers under the Ordinance;
(c) for purchasing or hiring equipment, hiring of
premises, machinery and any other materials, acquiring land and erecting
buildings, and carrying out any other work and undertakings in the performance
of its functions or the exercise of its powers under this Ordinance; and
(d) generally, paying any expenses for carrying into
effect the provisions of this Ordinance.
(2) The Authority shall prepare and submit to the
Board for its approval, budget for the period up to and including the end of
the current financial year and thereafter it shall, not later than thirty days
before the expiry of each financial year, submit to the Board for approval a
budget for the next financial year.
(3) Subject to sub-section (4), no expenditure shall
be made for the provision, which has not been specifically outlined in the
approved budget except if made from any previously approved funds, unless
further approval is sought and obtained from the Board.
(4) The Authority may transfer funds, with approval of
the Board, from one head of account to other but the total expenditure shall
not exceed the total approved Budget. In exceptional cases, a maximum of ten
percent of total budgeted expenditure may be exceeded with the prior approval
of the Board.
(5) The Authority shall act as the secretariat of the
Board and provide all the necessary facilities to enable the Board to exercise
its powers and perform its functions under this Ordinance and the necessary and
proper expenses in that connection shall form part of the budget of the
Authority.
19. Accounts and audit.- (1) The Authority shall
maintain complete and accurate books of accounts of its actual expenses and
receipts in such form as per financial rules and regulations of the Government.
(2) The Authority shall also maintain its balance
sheet, statement of income and expenditures account and statement of sources
and application of funds with explanatory notes to the accounts, in accordance
with accounting standards and other standards as notified by the Government for
this purpose.
(3) The Authority shall cause to be carried out audit
of its accounts by the Auditor General of Azad Jammu and
(4) Notwithstanding the audit provided in sub-section
(3), the Auditor-General of Azad Jammu and
(5) The Authority shall cause proper accounts to be
kept and shall as soon as practicable after the end of each financial
year, cause to be prepared for that financial year a statement of accounts of
the Authority which shall include a balance sheet and an account of income and
expenditure.
(6) The auditors shall make a report to the Authority,
upon the annual balance sheet and accounts, and in any such report they shall
state whether in their opinion the balance sheet is a full and fair balance
sheet containing all necessary particulars and properly drawn up so as to
exhibit a true and correct view of the affairs of the Authority and in case
they have called for any explanation or information from the Authority, whether
it has been given and whether it is satisfactory.
(7) The Authority shall, within one hundred and twenty
days of the close of each financial year, submit to the Board for approval an
Annual Report of the Authority along with the report of Auditor General.
20. Power to receive grants.- The Authority
may accept with the approval of the Government grants, aids, loans etc. from
entities.
21. Investment.- (1) Subject to sub-section (2),
the Authority may, in so far its money are not required to be expended under
the Ordinance, invest in such manner as the Authority considers appropriate.
(2) The Authority may invest its money in listed
securities or any derivative thereof subject to approval of the Board.
22. Bank accounts.- The Authority may open
and maintain its accounts in rupees or in any foreign currency at such
scheduled banks or the Bank of Azad Jammu and
CHAPTER-VI
GENERAL
23. Common seal.- The Authority shall have a
common seal and such seal shall be kept in the custody of the Chairman or such
other person as may be authorized by the Authority. The documents required or
permitted to be executed under seal shall be specified in and authenticated in
such manner as shall be authorized by the Authority with approval of the Board.
24. Public servants.- The members, employees and
other persons authorized to perform or exercise any function or power for the
purpose of Authority or rendering services to Authority as consultant or
adviser shall be deemed to be employees of the Authority and their terms of
employment shall be strictly governed by regulations or instructions made by
the Authority and shall be deem to be public servants within the meaning of
Section 21 of the Azad Penal Code (Act XLV of 1860).
25. Power of the Government to issue directives.- The
Government may, as and when necessary, issue directives to the Authority on
matters of policy, and such directives shall be binding on the Authority,
and if question arises as to whether any matter is a matter of policy,
the decision of the Government shall be final.
26. Departments to Act in aid to the Authority.- All
departments and other statutory bodies of the government including and in
particular the departments of Industries & Commerce, Transport Authority,
Revenue and Home shall act in aid to the Authority.
27. Power to make regulations.- The Board
may, with the approval of the Government, by notification in the official
Gazette, make regulations, not inconsistent with the provisions, for carrying
out the purposes of this Ordinance.
28. Removal of difficulties.- If any
difficulty arise in giving effect to any provision of this Ordinance, the
Government may make such order, not inconsistent with the provisions of
this Ordinance, as may be necessary to remove such difficulty.
-sd-
(Raja Zulqarnain Khan)
President
Azad Jammu &
( Sardar Rashid Kaleem)
Section Officer Law
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