Last Updated: Saturday November 15, 2008
The
(Pb
Act III of 1974)
C O N T E N T S
Sections
CHAPTER
I
PRELIMINARY
1. Short
title, extent and commencement.
2. Definitions.
CHAPTER
II
CONSTITUTION
OF THE BOARD
3. Constitution
of the Board.
4. Management.
5. Board
of Directors.
6. Managing
Director.
7. Non-official
Directors.
8. Appointment
of officers, etc.
9. Constitution
of committees.
10. Immunity
of the Board and its employees.
11. Delegation
of powers.
12. Power
of Board to associate other persons.
CHAPTER
III
POWERS,
DUTIES AND
FUNCTIONS OF THE BOARD
13. Powers,
duties and functions of the Board.
14. Loans.
15. Board
Fund.
16. Project
Fund.
17. Board
to be deemed a local authority.
18. Custody
and investment of Livestock, Dairy and Poultry Development Fund.
19. Maintenance
of accounts.
20. Audit
of accounts.
21. Reports
to be furnished to Government.
22. Winding
up of companies.
23. Disposal
of rights, properties, assets, etc.
24. Power
to make rules.
25. Power
to make regulations.
26. Repeal.
SCHEDULE
[1][1]The
(Pb Act III of 1974)
[
An
Act to provide for the establishment of Livestock, Dairy and Poultry
Development Board in the
Preamble.— WHEREAS it is expedient to make provision
for the establishment of a Livestock, Dairy and Poultry Development Board in
the Punjab to establish, manage, control and run livestock, dairy, poultry and
other allied projects in the public sector;
It
is hereby enacted as follows:-
CHAPTER
I
PRELIMINARY
1. Short title, extent and commencement.— (1) This Act may be called the Punjab
Livestock, Dairy and Poultry Development Board Act, 1974.
(2) It shall extend to the whole of the
Province of the
(3) It shall apply to all projects in the
public sector mentioned in the Schedule.
(4) Government may, at any time, by
notification in the official Gazette, add to or delete from the projects
mentioned in the Schedule.
2. Definitions.— In this Act, unless there is anything
repugnant in the subject or context—
(a) “Board”
means the Punjab Livestock, Dairy and Poultry Development Board;
(b) “Board of Directors” means the Board of
Directors of the Board;
(c) “Chairman”
means the Chairman of the Board;
(d) “Company”
means a company as defined in the Companies Act, 1913, and promoted and
established by the Board for managing and running one or more of the projects;
(e) “Director”
means Director of the Board and includes the Managing Director;
(f) “Government”
means Government of the
(g) “project”
means a project mentioned in the Schedule;
(h) “Managing
Director” means the Managing Director of Board;
(i) “Prescribed”
means prescribed by rules;
(j) “Regulations”
means regulations made under this Act;
(k) “Rules”
means rules made under this Act;
(l) “Schedule”
means the schedule to this Act;
(m) “Scheduled
Bank” means a bank for the time being included in the list of banks maintained
under sub-section (1) of section 37 of the State Bank of Pakistan Act, 1956;
and
(n) “specified”
means specified by regulations.
CHAPTER
II
CONSTITUTION OF THE BOARD
3. Constitution
of the Board.— (1) There shall be established a Board to be known as the Punjab
Livestock, Dairy and Poultry Development Board.
(2) The Board shall be a body corporate and
shall have the power to acquire and hold property, both movable and immovable
and shall have perpetual succession and a common seal and shall by the said
name sue and be sued.
(3) The Head Office of the Board shall be at
the place as may be notified by the Government in the official Gazette.
4. Management.— (1) The administration and management of the
Board and its affairs shall vest in the Board of Directors constituted under
section 5, which may exercise all powers and do all such acts and things as may
be exercised or done by the Board in accordance with the provisions of this
Act.
(2) The Board
shall, in discharging its functions, act on national and commercial
considerations subject to such directions as Government may give to it from
time to time.
(3) Government may suspend the execution of
any such resolution or order of the Board as in the opinion of Government
contravenes the provisions of the Act or the rules or regulations made
thereunder, or the directions mentioned in sub-section (2), or prohibit the
doing of any act which is being done in pursuance of the said resolution or
order or if the act has been accomplished, order its rectification in such
manner as may be directed.
[2][2][5. Board of Directors.— (1) The Board shall consist of—
(a) Minister
for Livestock and Dairy Development, Government of the
(b) Additional
Chief Secretary, Government of the
(c) Chief
Land Commissioner Director.
(d) Secretary
to Government of the
(e) Secretary
to Government of the
Agriculture
Department
(f) Secretary to Government of the
(g) Non-official members not less than four in
number to be appointed by the Government Directors.
(h) Managing
Director Director.
(2) The Managing Director shall be appointed
by the Government and shall be ex-officio
Secretary of the Board of Directors.
(3) Government
may, by notification in the official Gazette, alter the membership of the Board
or increase of decrease the number of Directors.]
6. Managing Director.— (1) The Managing Director shall be the Chief
Executive of the Board and shall—
(a) be a whole-time officer of the Board unless Government directs
otherwise;
(b) perform
such duties as may be specified or as may be assigned to him;
(c) hold office as Managing Director for a period of three years; and
(d) receive
such salary and allowances as the Government may determine.
(2) Nothing in this section shall preclude
the Government from extending the term of office of the Managing Director for
such period as Government may determine.
(3) Notwithstanding
anything contained in this Act, the Managing Director may, at any time before
the expiry of his term and upon one month’s notice, resign his office or, upon
similar notice or one month’s pay in lieu thereof, be removed from office by
the Government.
7. Non-official Directors.— (1) Non-official Directors shall hold office
for a period of two years.
(2) Government may in its discretion remove
any non-official Director before the expiry of his term without assigning any
reason.
8. Appointment
of officers, etc.— The Board may appoint such officers, advisers, experts, consultants,
and employees, as it considers necessary for the efficient performance of its
functions on such terms and conditions as it may deem fit, subject to such
general or special directions as the Government may give to it from time to
time in this behalf.
9. Constitution of committees.— The Board may constitute such committees as
may be deemed necessary for carrying out the purposes of this Act.
10. Immunity of the Board and its employees.— Every Director, Adviser, Officer, Expert
Consultant and employee of the Board shall be indemnified by the Board against
all losses and expenses sustained or incurred by him in the discharge of the
duties of his office, save such losses and expenses as are sustained and
incurred as a result of his own wilful act or default.
11. Delegation of powers.— The Board may, by general or special order,
delegate to the Chairman, Managing Director, Directors, Advisers, Officers,
Experts, Consultants or employees of the Board or the committees constituted
under section 9, any of its powers, duties or functions under this Act and the
rules and regulations made thereunder subject to such conditions as it may deem
fit to impose.
12. Power of Board to associate other persons.— (1) The Board of Directors may associate
with itself, in such manner, on such terms and for such period as it may deem
fit, any person whose assistance or advice it may desire in carrying out any of
the provisions of this Act.
(2) A person associated under sub-section
(1) for any purpose shall have right to take part in the discussion relating to
such purpose in the meetings of the Board but shall not have right to vote and
shall not be deemed to be a Director for that or any other purpose.
CHAPTER
III
POWERS, DUTIES AND FUNCTIONS OF
THE BOARD
13. Powers, duties and functions of the Board.— (1) In accordance with the provisions of
this Act, and subject to such general or special order as Government may give
from time to time, the Board shall take measures to establish, manage and run
any of the projects mentioned in the Schedule.
(2) In particular the Board may, in order to
carry out the purposes of this Act—
(a) form
and establish companies in respect of any of the projects mentioned in the
schedule;
(b) manage
on behalf of Government the shares held by Government in the issued capital of
the companies referred to at (a) above;
(c) subscribe
to the capital of the companies to such extent as may be necessary;
(d) act
as Managing Agents of the companies established by the Board; and
(e) give
short and long-term loans or furnish guarantees to the scheduled banks for
loans to the companies established by the Board.
(3) The Board shall also be responsible for—
(a) preparing
plans in respect of the projects mentioned in the schedule;
(b) undertaking
or causing to be undertaken studies to determine the economic and technical
feasibility of the projects mentioned in the Schedule;
(c) presenting
to Government for its approval schemes in respect of the projects mentioned in
the Schedule;
(d) implementing
and executing schemes approved by Government;
(e) participating
in national and international fairs and exhibitions;
(f) managing,
on behalf of Government, on such terms and conditions as the Government may
specify, such forms, projects and activities as the Government may, from time
to time, decide to hand over to the Board; and
(g) undertaking
such other functions as are necessary in the successful execution and
management of the projects mentioned in the Schedule.
(4) The Board may, subject to such general
or special directions as the Government may give to it from time to time,
assist and encourage the private sector in establishing and running any of the
projects mentioned in the Schedule.
14. Loans.— The Board may negotiate
and obtain for its projects and companies established under section 13 of this
Act loans in local and foreign currency from the local or the international
financing institutions:
Provided
that in the case of loans from international financing institutions, the Board
shall act with the prior approval of Government.
15. Board Fund.— (1) There shall be a
fund to be known as the Punjab Livestock, Dairy and Poultry Development Board
Fund which shall vest in the Board and which shall be utilized by the Board to
meet expenses in connection with its functions under this Act including
salaries and other remunerations of the Chairman, Directors, Advisers, Experts,
Consultants, Officers and other employees of the Board.
(2) The Punjab Livestock, Dairy and Poultry
Development Board Fund shall consist of—
(a) investment
made by Government;
(b) grants
made by Government;
(c) loans
obtained from Government;
(d) charges
for the management of projects under the direct control of the Board;
(e) managing
agency commission in respect of companies managed by the Board;
(f) loans
obtained from the scheduled banks;
(g) foreign
loans obtained by the Board;
(h) grants,
technical and financial assistance received from international agencies and on
bilateral basis from other countries; and
(i) all
other sums received by the Board.
16. Project Fund.— (1) There shall be a fund for each project
known as the Project Fund which shall be operated by such persons as may be
appointed by the Board. The expenditure chargeable to each such fund and the
sources of receipts and income thereto shall be as determined by the Board.
(2) The Board may, at its discretion,
transfer any part of any project fund to the Punjab Livestock, Dairy and
Poultry Development Board Fund.
17. Board to be deemed a local authority.— The Board shall be deemed to be a local
authority under the Local Authorities Loans Act, 1914, for the purposes of
borrowing money under the said Act and the making and execution of any scheme
under this Act shall be deemed to be a work which such authority is legally
authorised to carry out.
18. Custody and investment of Livestock, Dairy
and Poultry Development Fund.—
All moneys at the credit of the Board shall be kept in such manner as may be
prescribed.
19. Maintenance of accounts.— The Board shall maintain complete and
accurate accounts in such manner as may be prescribed.
20. Audit of accounts.— The accounts of the Board shall be audited
in such manner as may be directed by Government.
21. Reports to be furnished to Government.— The Board shall furnish to Government such
reports, returns, statements, etc. as required by Government from time to time.
22. Winding up of companies.— (1) No provision of law relating to winding
up of the companies shall apply to the Board.
(2) When, in
the opinion of Government, it is expedient that the Board shall cease to exist,
Government may, by notification in the official Gazette, declare that the Board
shall be dissolved from such date as may be specified in this behalf in the
notification and the Board shall be deemed to have been dissolved accordingly
and from such date—
(a) all properties, funds and dues which are
vested in or realisable by the Board shall vest in and be realisable by an
Administrator or any other officer appointed by Government in this behalf;
(b) all
liabilities which are enforceable against the Board shall be enforceable only
against the Administrator or any other officer appointed by Government in this
behalf;
(c) for
the purpose of completing the execution of any scheme, sanctioned under this
Act which has not been fully executed by the Board and of realising properties,
funds and dues referred to in clause (a) the functions of Board under this Act
shall be discharged by the Administrator or any other officer appointed by
Government in this behalf;
(d) the Administrator or any other officer
appointed by Government shall keep separate accounts of all moneys respectively
received and expended by him under this Act, until all loans raised hereunder
have been repaid and until all liabilities referred to in clause (b) have been
duly met; and
(e) the
Administrator or any other officer appointed by Government in this behalf shall
have power to dispose of the properties, assets, rights, etc., of the Board in
such manner as Government may direct from time to time.
(3) Any properties and assets left over
after all the liabilities of the Board have been discharged shall vest in
Government and all liabilities left undischarged after all the properties and
assets of the Board have been disposed of, shall become the liabilities of
Government.
(4) The
Administrator or any other officer appointed by Government in this behalf may
delegate any of his powers under this section to any officer of Government to
such extent and on such terms and conditions as may be approved by Government.
23. Disposal of
rights, properties, assets, etc.— Whenever in the opinion of the Board it is expedient
that any project or company should be wound up or disposed of, the Board shall
have powers to dispose of its rights, properties, assets and liabilities in any
such project or company either in whole or in part in such manner as it deems
fit subject to such directions as Government may give to it from time to time.
24. Power to make rules.— (1) Government may make rules for carrying
out the purposes of this Act.
(2) In particular and without prejudice to
generality of the foregoing powers such rules may provide for—
(a) the
manner and form of keeping the accounts of the Board;
(b) recruitment
of officers, advisers, consultants, experts and other employees of the Board;
(c) terms
and conditions of service of the officers, advisers, consultants, experts, and
other employees of the Board;
(d) functions
of the Advisers;
(e) borrowing
by the Board;
(f) the
date on which and the form in which the annual budget statement of the Board
shall be submitted each year;
(g) procedure
for appropriation and re-appropriation of moneys at the credit of the Board;
(h) manner
and form in which and the authorities to whom returns, reports and statements
shall be submitted;
(i) investment
of Board Funds and surplus moneys;
(j) sale
or transfer of farms, projects or industries and other immovable property of
the Board; and
(k) such
other matters relating to the administration and other affairs of the Board as
the Government may think fit to prescribe by rules.
25. Power to make regulations.— The Board may, with the previous approval of
Government, make regulations for all matters not provided for in the rules for
which provision is necessary or expedient for carrying out the purposes of this
Act and the rules.
26. Repeal.— The
SCHEDULE
1. Livestock
Farms.
2. Stud
Farms.
3. Poultry
Farms.
4. Dairy
Farms.
5. Dairy
plants including milk collection and chilling centres.
6. Feed
mills.
7. Slaughter
Houses.
8. Poultry
processing, deep freezing and storing plants.
9. Quality
testing laboratories for feed/livestock products.
10. Whole-sale
and retail marketing and agencies of products of Livestock, Dairy and Poultry
Development Projects.
[1][1]This Act was passed by the
Punjab Assembly on 30th January, 1974; assented to by the Governor of the
Punjab on 1st February, 1974; and, published in the Punjab Gazette
(Extraordinary), dated 1st February, 1974, pages 117-A to 117-J.
[2][2]Substituted by the
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