Updated: Wednesday May 25, 2016/AlArbia'a
Sha'ban 18, 1437/Budhavara
Jyaistha 04, 1938, at 12:18:37 AM
The Flying Clubs (Appointment of Administrators)
Ordinance, 1978
ORDINANCE NO. XXVII OF 1978
[9th June, 1978]
An Ordinance to provide for the
appointment of Administrators of Flying Clubs.
WHEREAS it is expedient to
provide for the appointment of Administrators for the management of the affairs
of Flying Clubs;
AND WHEREAS the President
is satisfied that circumstances exist which render it necessary to take
immediate action;
NOW, THEREFORE, in
pursuance of the Proclamation of the fifth day of July, 1977, read with the
laws (Continuance in Force) Order, 1977, (C.M.L.A. Order No. I of 1977), and in
exercise of all powers enabling him in that behalf, the President is pleased lo
make and promulgate the following Ordinance:---
1. Short title, extent
and commencement.—(1.)
This Ordinance may be called the Flying Clubs (Appointment of Administrators)
Ordinance, 1978.
(2) It extends to the whole
of
(3) It shall come into
force at once.
2. Definitions. In this
Ordinance, unless there is anything repugnant in
the subject or context,---
(a) “Administrator”, in. respect of a Club, means the
Administrator of the Club appointed under section 4;
(b) “Committee”, in respect of a Club, means the Managing
Committee of the Club; and
(c) “Club” means a Flying Club.
3. Ordinance to override other laws,
etc. The provisions of this Ordinance shall have effect
notwithstanding anything contained in the Companies Act, 1913 (VII of 1913.),
or any memorandum or articles of association or bye-laws.
4. Appointment of
Administrator.—(1) If at
any time the Federal Government has reason to believe that the Committee is
unable to function properly for any reason whatever or that for the proper
management of the affairs and business of a Club it is necessary or proper so
to do, the Federal Government may, after giving to the Committee an opportunity
of showing cause against the action proposed to be taken, appoint an
Administrator lo manage the affairs and business of the Club.
(2) The Administrator shall
receive such remuneration as the Federal Government may direct and shall hold
office during the pleasure of the Federal Government.
(3) On the appointment of
the Administrator, the management of the affairs and business of the Club
shall vest in the Administrator and the Committee shall be divested of that
management and the members thereof shall cease to hold Office.
(4)The Administrator shall,
subject to such directions as the Federal Government may issue from time to
time, exercise and perform all the powers and functions of the Committee,
including powers and functions connected with or incidental to the management
of the affairs and business of the Club, such as the powers to have the
accounts of the Club audited, institute inquiries and initiate proceedings,
both civil and criminal, against any person responsible for committing
irregularities in financial, flying, administrative and other matters connected
with the Club.
(5) The Federal Government
may, on the recommendation of the Administrator, make such modifications in the
articles of association of the Club as it may consider necessary for the
efficient management of the affairs of the Club; and such modifications shall
form part of the articles of association.
5. Termination of
appointment of Administrator.—(1) If at any time it appears to the Federal Government that the
purpose of the order appointing the Administrator has been fulfilled, the
Federal Government may require the Administrator to have a Committee elected in
accordance with the articles of association of the Club within such time as
the Federal Government may specify.
(2) After the Committee has
been elected in pursuance of sub-section (1), the Federal Government shall
cancel the order appointing the Administrator and thereupon the Administrator
shall be divested of the management of the affairs and business of the Club,
which shall best in the Committee.
6. Penalty for
withholding property, etc. from Administration. If any member of the Committee or
any other person fails to deliver to the Administrator any books of account,
registers or any other documents in his custody relating to the affairs or business
of the Club the management of which has vested in the Administrator, or retains
any property of the Club, or obstructs or hinders the Administrator in the
exercise or performance of his powers or functions, he shall be punishable
with imprisonment for a term which may extend to six months, or with fine which
may extend to one thousand rupees, or with both.
7. Indemnity.—(1) No suit, prosecution or other legal
proceeding shall lie against the Administrator or any other officer or
authority in respect of any thing which is in good faith done or intended to be
done under this Ordinance.
(2) No suit or other legal
proceeding shall lie against the Federal Government for any damage caused or
likely to be caused by anything which is in good faith done or intended to be
done under this Ordinance.
8. Bar of
Jurisdiction. No
court shall, grant an injunction, make any order or entertain any proceedings
in respect of anything done or action taken, or intended to be done or taken,
under this Ordinance
9. Power to make
rules. The Federal
Government may make rules for carrying out the purposes of this Ordinance.
Go to Index
| LL. B. – I | LL. B. – II
| LL. B. – III | LL. B.
Directory | Home