Updated: Saturday July 09, 2016/AsSabt
Shawwal 04, 1437/Sanivara
Asadha 18, 1938, at 12:56:43 PM
The Export Development Fund Act, 1999
Act No. VI of 1999
[31st July, 1999]
An Act to provide for the establishment of export
development fund.
WHEREAS it is expedient to establish an
export development fund to strengthen and develop infrastructure for promotion
of exports and to provide for matters connected therewith or incidental
thereto;
It is hereby enacted as follows:---
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be
called the Export Development Fund Act, 1999.
(2) It extends to the whole of
(3) It shall come into force at once.
2. Definitions. In this Act, unless there is anything repugnant
in the subject or context,---
(a) “Board”
means the Board of Administrators constituted under section 5;
(b) “Chairman”
means the Chairman of the Board;
(c) “Executive
Committee” means the Committee constituted under section 10;
(d) “Fund”
means the Export Development Fund established under section 3;
(e) “member”
means a member, permanent or co-opted, of the Board;
(f) “prescribed”
means prescribed by rules made under this Act;
(g) “Secretary”
means Secretary of the Board; and
(h) “Vice-Chairman”
means the Vice-Chairman of the Board.
CHAPTER II
ESTABLISHMENT OF EXPORT DEVELOPMENT FUND
3. Establishment of Export Development
Fund.—(1) The Federal Government
shall establish a Fund known as the “Export Development Fund”.
(2) The fund shall consist of,---
(i)
donations and endowments;
[(ia) the whole receipts of the Export Development
Surcharge collected by the Federal Government;]
(ii) grants
made by the Federal Government; and
(iii) any
income accruing to the Fund from its investments and property.
(ii)2[(2A) For the purposes of clause (ia) of sub-section
(2), in each year's budget estimates, the Ministry of Finance shall propose to
the Parliament an appropriation equivalent to the receipts of the Export
Development Surcharge collected during the preceding year which shall be
transferred to the Fund after the approval of budget estimates for the year.]
(3) The Fund shall be non-lapsable and
may be maintained in Federal Treasury through personal ledger account lapsable
on the 30th June of each year to Public Account under the head 3312026-Export
Development Fund on the advice of Accountant General of Pakistan Revenues to
Ministry of Commerce.
4. Administration of Export Development
Fund. The Fund shall be administered
by the Board and the money in the Fund shall be utilized for the following
purposes, namely:---
(i)
establishment of training institutes for export oriented trading and industrial
sectors;
(ii)
subsidizing of delegations and sale missions going abroad;
(iii)
establishment of offices abroad of the Federation of Pakistan Chambers of
Commerce and Industry and Exporters Association;
(iv) subsidizing
participation in exhibitions abroad including single country fairs;
(v)
publicity;
(vi)
research and Development activities of Exporters Association, Federation of
Pakistan Chambers of Commerce and Industry;
(vii) market
and product Development by trade associations. Federation of Pakistan Chambers
of Commerce and Industry, Chambers of Commerce and Industry and individual
exporters;
1New clause (ia) ins. By the Export
Development Fund (Amdt.) Act, 2005, (8 of 2005) s.2.
2New sub-section (2A) ins.ibid.
(viii) engagement
of consultants;
(ix) strengthening
of Pakistan Trade Offices abroad;
(x) establishment
and maintenance of display centers in and outside
(xi) support
to export services; and
(xii) any
other activity which is relevant for promotion of exports and approved by the
Board.
CHAPTER III
CONSTITUTION OF THE BOARD OF ADMINISTRATORS
5. Board of Administrators of Export Development Fond.—(1) There shall be a Board of Administrators
consisting of the following members, namely:---
(1) |
Minister
of Commerce. |
Chairman, ex-officio |
(2) |
Secretary,
Ministry of Commerce. |
Vice-Chairman-I, ex-officio |
(3) |
Chairman,
Export Promotion Bureau. |
Vice-Chairman-II, ex-officio |
(4) |
A
member of Majlis-e-Shoora (Parliament) to be nominated by the Minister for
Commerce. |
Member, |
(5) |
Secretary,
Ministry of Finance. |
Member, ex-officio |
(6) |
Secretary,
Ministry of Industries. |
Member, ex-officio |
(7) |
A
senior official of the State Bank of |
Member, ex-officio |
(8) |
President,
Federation of |
Member, ex-officio |
(9) |
Vice-Chairman,
Export Promotion Bureau. |
Member, ex-officio |
(10) |
Three
members to be appointed by the Federal Government from private sector. |
Member |
(11) |
Joint
Secretary ,dealing with the subject Ministry of Commerce. |
Secretary ex- officio |
(2) The Federal Government may appoint
additional members as and when considered necessary.
6. Appointment of non-official
members.-(1) The persons to be
appointed members from the private sector shall preferably be from among the
Presidents of the Associations and Chambers of Commerce and each one shall hold
office for one year from the date of verification.
(2) A non-official member may, in
writing under his hand addressed to the Chairman, resign his office.
(3) A non-official member shall cease
to be a member of the Board if he fails to attend three consecutive meetings of
the Board without obtaining prior written or verbal permission of the Chairman
unless the Federal Government decides otherwise.
(4) A vacancy of non-official members
occurring during the course of appointment of a member shall be filled in for
the rest of the period.
CHAPTER IV
CONDUCT OF BUSINESS FUNCTIONS AND POWERS OF THE BOARD
7. Powers of the Board. The board shall have powers to,---
(a) frame
rules for the administration of the Fund;
(b) administer
all matters of the Fund in accordance with the rules;
(c) approve
annual budgets of the Fund's operations and make such re-appropriation therein
as may be necessary;
(d) incur
expenditure within the sanctioned budget;
(e) delegate
to the Chairman such powers as may be necessary;
(f) appoint
committees and delegate to the committees such powers as may be necessary; and
(g) accept
donations and endowments provided that these are consistent with objectives of
the Fund and rules made under this Act.
8. Meetings.-(1) Every meeting of the Board shall be presided over
by the Chairman and, in his absence, by the Vice Chairman.
(2) Four members of the Board shall
constitute quorum for a meeting of the Board.
(3) The date, time and place of the
meeting shall be notified not less than a week in advance and in case of
emergent nature meeting, the meeting may be held on short notice.
(4) At least two meetings of the Board
shall be held every year commencing on the 1st day of July and terminating on
the 30th day of June.
(5) All disputed
questions at any meeting of the Board shall be decided by a majority of the
members present at the meeting and the Chairman shall have a casting vote.
(6) Any business, which may be
necessary for the Board to transact urgently, may be carried out by circulation
among all its members and any proposal so circulated and approved by the
majority of the members shall require the approval of the Chairman.
(7) The Secretary shall record all the
proceedings of the meetings of Board.
9. Secretariat of the Board. The secretariat functions of the Fund shall be
performed by the Ministry of Commerce.
10.
Executive Committee.—(1) There shall
be an Executive Committee of the Board consisting of,---
(1)
Secretary Commerce. Chairman, ex-officio
(2)
Secretary Finance or his representative. Member, ex-officio
(3)
Vice Chairman, Export Promotion
Bureau. Member, ex-officio
(4)
Joint Secretary concerned Ministry of Commerce. Member, ex-officio
(5)
A representative of the Federation of
Chambers
of Commerce and Industry to
be
appointed by the Board.
(2) The Board may appoint additional
members in the Executive Committee as and when considered necessary.
11. Meeting of the Executive
Committee.—(1) Meetings of the
Executive Committee shall be held whenever required.
(2) The Secretary shall record all the
proceedings of the meetings of Executive Committee.
12. Decisions to be placed before
the Board. Decision taken by the
Executive Committee shall be placed before the Board for confirmation.
13. Employment of officers and servants.
The Board may employ such officers
and servants or appoint such experts, consultants or advisers, from time to
time, as it may consider necessary for the performance of its functions on such
terms and conditions as it may deem fit.
14. Recruitment and terms and
conditions of service and disciplinary powers. The Board shall prescribe the procedure for
appointment and conditions of service for its officers and servants including
disciplinary action and penalties.
15. Financial
powers.—(1) The powers to incur expenditure
shall be as follows:---
(i) The
Board
Full powers
(ii) Executive
Committee
up to ten million rupees.
(2) Expenditure from the Fund shall be
made according to the merits and feasibility of projects sponsored and export
promotion needs of the exporters, trade promotion offices and trade bodies.
16. The budget shall be prepared and submitted to the
Board on the specified dates by the Secretary on financial year basis.
CHAPTER V
ACCOUNTS AND AUDIT
17. Maintenance of accounts. The Federal Government may, with the approval of the
Auditor General of
18. Audit.—(1) The accounts of the Fund shall be audited every
year by the Auditor General of
(2) A copy of the Audit Report shall be
sent to the Secretariat of the Board for comments and remedial action.
19. Annual statement of accounts. In the month of January each year the Board shall
submit to the Federal Government for approval a statement of estimated receipts
in, and expenditures from, the Fund in respect of the next financial year.
20. Submission of annual reports.—(1) As soon as possible, an annual report on the
conduct of its affairs shall be submitted by the Board to the Federal
Government after the end of the every financial year but before the 1st day of
December next following during the year.
(2) A copy of the report
referred to in sub-section (1) together with a copy of the audit report referred
to in section 18 shall be placed by the Federal Government before the National
Assembly.
(3) The Federal Government may
call upon the Board to supply any information pertaining to its
responsibilities under this Act and the Board shall comply with such
requirements without unnecessary delay.
CHAPTER VI
MISCELLANEOUS
21. Officers and servants, etc to be
public servants.—(1) The Chairman,
members, officers and servants of the Board and Committee shall, when acting or
purporting to act, in pursuance of any of the provisions of this Act, be deemed
to be public servants within the meaning of section 21 of the Pakistan of Penal
Code. Act XLV of 1860.
22. Delegation. The Board may, by general or special order, delegate
to the Chairman, member or an officer of the Board any of its powers, duties or
functions under this Act subject to such conditions as it may think fit to
approve.
23. Power to make rules. The Federal Government may make rules for carrying
out the purposes of this Act.
24. Power to make regulations. The Board may, with
the approval of the Federal Government, make regulations not in consistent with
the rules, for conduct of its business and its meetings.
25. Repeal. The Government of Pakistan, Ministry of Commerce,
Resolution S.R.O. No. 843(I)/92, dated the 1st September, 1992, is hereby repealed.
26. Saving. Upon the commencement of this Act.—(a) all
funds, properties, rights and interests of whatsoever kind issued, used,
enjoyed, possessed, owned or vested in the Board set up under Government of
Pakistan, Ministry of Commerce Resolution No. 843(I)/92, dated the 1st
September, 1992, and all liabilities legally subsisting against the said Board
shall stand transferred to the Board established under this Act; and
(b) everything done, action taken, obligations or
liabilities incurred, rights and assets acquired, persons appointed or
authorized, powers conferred, funds or trusts created, donations or grants
made, orders issued and rules or regulations made by the Board established
under the Resolutions referred to in clause (a) shall be deemed to have been
respectively done, taken, incurred, acquired, appointed, authorised, conferred,
created, made or issued under this Act.
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