Updated: Friday June 10, 2016/AlJumaa
Ramadan 05, 1437/Sukravara
Jyaistha 20, 1938, at 06:26:56 PM
ACT VI OF 1990
An Act to provide for the
establishment of the National Tariff Commission
WHEREAS it is expedient to
provide for the constitution of the National Tariff Commission and for matters
connected therewith or ancillary thereto;
It is hereby enacted as follows:---
1. Short title, extent and
commencement.___(1) This Act may be called the
National Tariff Commission Act, 1990.
(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) “Commission” means the National
Tariff Commission established under section 3;
(b) “prescribed” means prescribed by
rules made under this Act.
3. Establishment of the National
Tariff Commission.___(1) As soon as may be after the
commencement of this Act, the Federal Government shall establish in accordance
with the provisions of this Act a Commission to be called the National Tariff
Commission.
(2) The Commission shall be a
body corporate having perpetual succession and a common seal with power,
subject to the provisions of this Act, to acquire, hold and dispose of
property, both movable and immovable, and shall by the name specified in
subsection (1) sue and be sued.
(3) The head office of the Commission
shall be at
4. Function of the Commission. The function of the Commission shall be to advise the Government
on,---
(i) tariff measures or other form of
assistance for,---
(a) providing protection to the
indigenous industry;
(b) improving the competitiveness of
the indigenous industry; or
(c) promoting exports from
1[*
* *
(iii) any other matter relating to
protection or assistance to the indigenous industry that the Federal Government
may refer to the Commission.
5. Composition of the Commission. The Commission shall consist of a Chairman not below the status of
Secretary to the Federal Government and two members not below the status of
Additional Secretary to the Federal Government to be appointed by the Federal
Government.
6. Term of the office of
Chairman and members. Unless otherwise directed by the
Federal Government, the Chairman and a member of the Commission shall hold
office for a term of three years and shall be eligible for re-appointment for a
similar term.
7. Transaction of business of
the Commission. Where the Commission consists of
more than one member, the Chairman may distribute the business of the
Commission amongst its members and the member to whom any business has been
allocated under such distribution may transact the business singly:
Provided that a member of the
Commission to whom any business has been so allocated may, if he thinks fit,
refer such business to the Commission.
8. Administration.___(1) The Commission shall appoint
a Secretary to the Commission who shall perform the following functions and
duties, namely:---
(i) to keep in custody the records
and seal of the Commission;
(ii) to authorise payment of monthly
salaries and allowances to the employees of the Commission;
(iii) to propose budget estimates and
revised budget estimates and place the same before the Commission;
(iv) to perform any other duties
which may be assigned to him by the Commission.
(2) The Commission may do all
such acts and take all such steps as are necessary for the performance of the
functions of the Commission, including the appointment of such officers and
engagement of such consultants and advisers as it considers necessary for the
efficient performance of its functions, on such terms and conditions as may be
approved by the Federal Government.
9. Funds of the Commission. The funds of the Commission shall consist of,---
1Rep. by Ord. 65 of 2000, s.
76.
(a) grants from the Federal
Government;
(b) fees; and
(c) aid from international agencies.
10. Budget, audit and accounts.___(1) The Commission shall submit
to the Federal Government in respect of each year by such date as may be
prescribed its budget showing its estimated receipts and expenditure.
(2) The funds of the Commission
shall be kept in the Government Treasury in a Personal Ledger Account.
(3) The accounts of the
Commission shall be audited by the Auditor General of
11. Commission to make enquiries
on application, etc. The Commission may initiate
inquiries or investigations for the purposes of its functions under this Act on,---
(i) an application made to it by an
industrial undertaking or trading business in the prescribed form and
accompanied by the prescribed fee;
(ii) a reference received by it from
the Federal Government; or
(iii) of its own motion.
12. Satisfaction of Commission
before recommendations.___(1)
While examining a proposal for tariff protection or assistance and making
recommendations to the Federal Government the Commission shall satisfy itself
that,---
(i) the quality of the product to
which such protection or assistance is to be given is good and conforms to the
standards laid down by the Pakistan Standards Institution or, where such
standard has not been prescribed, it conforms to internationally accepted
standards;
(ii) the additional cost to the
consumer will not be excessive; and
(iii) the industry is not likely to
need the protection or assistance after a reasonable period of time.
(2) Where it has decided to
undertake any enquiry or investigation, the Commission shall take such measures
as it deems necessary to ensure that all units engaged in economic activities
similar to those being carried on by any industry undertaking or trading
business which has made an application or in respect of which an enquiry or
investigation has been undertaken by the Commission are informed that such
inquiry or investigation has been undertaken.
13. Commission to have powers of
(i) summoning and enforcing the
attendance of any person and examining him on oath; and
(ii) requiring the supply of any
information and production of any document which may be useful for the conduct
of its enquiry.
14. Submission of
recommendations within a specified time. The Commission shall complete inquiries and investigations and
submit a report to the Federal Government within period not exceeding 120 days.
15. Penalty for false statement. Any person who knowingly or wilfully furnishes any information or
document or book of accounts which he has reason to believe to be false or
incorrect shall be liable to a fine not exceeding fifty thousand rupees.
16. Duty of officers, etc., to
maintain secrecy.___(1) Except in the performance of
his duties under this Act every officer, consultant and adviser of the
Commission shall preserve and aid in preserving secrecy with regard to all
matters relating to the financial or other affairs of any undertaking or person
that may come to his knowledge in the performance of his duties.
(2) Every such officer,
consultant or adviser who communicates any such matter, except when required by
law to do so or in the discharge of his duty as such, shall be punishable with
imprisonment of either description for a term which may extend to three months,
or with fine not exceeding fifteen thousand rupees, or with both.
17. Indemnity. No suit, prosecution or other legal proceeding shall lie against
the Commission or any officer of the Commission or any other person in respect
of anything which is in good faith done or intended to be done in pursuance of
this Act or any rules or orders made thereunder or in respect of the
publication by or under the authority of the Commission or such officer of any
report, paper or proceedings.
18. Powers to make rules. The Commission may with the prior approval of the Federal
Government, by notification in the official Gazette, make rules for carrying
out the purposes of this Act.
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