Updated: Friday July 15, 2016/AlJumaa
Shawwal 10, 1437/Sukravara
Asadha 24, 1938, at 06:29:37 PM
The
ORDINANCE No. XXVIII of 2000
[20th July, 2000]
An Ordinance to establish the Pakistan Aeronautical
Complex Board Kamra
WHEREAS, it is expedient to establish
the Pakistan Aeronautical Complex Board Kamra and to provide for matters
connected therewith or incidental thereto;
AND WHEREAS the National Assembly and
the Senate stand suspended in pursuance of Proclamation of Emergency of the
fourteenth day of October, 1999, and the Provisional Constitution Order No. 1
of 1999;
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 Emergency of the fourteenth day of October, 1999, and
Provisional Constitution Order No. 1 of 1999, as well as Order No. 9 of 1999,
and in exercise of all powers enabling him in that behalf, the President of the
Islamic Republic of Pakistan is pleased to make and promulgate the following
Ordinance:---
1. Short title, extent and
commencement. —(1) This Ordinance may be called the Pakistan Aeronautical
Complex Board Ordinance, 2000.
(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) “Board”
means the Pakistan Aeronautical Complex Board Kamra established under section
3;
(b) “Chairman”
means the Chairman of the Board:
(c) “factory”
means a Pakistan Aeronautical Complex factory established by the Federal
Government and functioning under the control of the Board; and
(d) “member”
means a member of the Board and includes the Chairman thereof.
3. Establishment of the Board. —(1) As soon as may be after the commencement of this
Ordinance, the Federal Government shall, by notification in the official
gazette, establish, for carrying out the purposes of this Ordinance, a Pakistan
Aeronautical Complex Board consisting of a Chairman and five members appointed
by it.
(2) The Chairman shall
be appointed by the Federal Government on recommendation of the Chief of the
Air Staff.
(3) Out of the five members to be
appointed by the Federal Government, one shall be appointed as Member Finance
in consultation with Ministry of Finance, the second to be as the Member
Ministerial Co-ordination,, third and fourth to be the Members Technical and
Commercial, respectively and the fifth member shall be appointed from the
corporate sector to be called the Member (Private) on the recommendation of the
secretary, Defence Production Division.
4. Terms of office of the members. —(l) The Chairman and members shall hold office during
the pleasure of the Federal Government for a term of four years and, unless
earlier removed, shall be eligible for re-appointment and shall receive such
salary and allowances as the Federal Government may determine:---
Provided that the Member (Private)
shall hold office in honorary capacity.
(2) Every member, except Member
Ministerial Co-ordination and Member (Private) shall be a whole-time officer
of the Board and shall perform such functions as are, or may be, assigned to
him under this Ordinance.
(3) Every member, except Member
(Private), shall, before assuming his office as such, relinquish or divest
himself of any office or interest in any corporation, company or concern other
than an industry owned by the Federal Government or sponsored by the Board.
5. Meetings.—(1) No business of the Board shall be transacted
except at a meeting at which a quorum of three Members is present.
(2) The Chairman or, in his absence,
senior most member shall preside at the meetings of the Board.
(3) At the meetings of the Board each
member shall have one vote and, in the event of equality of votes, the Chairman
or the member presiding shall have a second or casting vote.
6. Function of the Board. —(1) The principal function of the Board shall be to
manage, organize or, as the case may be, re-organize, within the existing
financial resources, any factory and administer the affairs .of the factories
and to run them on sound commercial lines so as to adequately meet, during war
and peace, the needs of the defence of the country.
(2) The Board shall, in discharging its
functions, be guided on questions of policy involving national interest,
including defence requirement during war and peace, by such directions as the
Federal Government, which shall be the sole judge whether or not national
interest is involved, may give from time to time.
7. Investment of the Board with
certain powers. Notwithstanding anything
contained in any law, regulation, rule, order, notification, agreement or other
instrument for the time being applicable to any factory, or any officer or
other employee appointed or engaged in, or in connection with, any factory, the
Board may, in relation to such factory, officer or employee,
exercise the following powers of the Federal Government or of any officer
authorized for the purpose by the Federal Government, namely:---
(a) to
determine the terms and conditions of service recruitment, promotion, transfer,
posting, dismissal, discharge, demotion and other disciplinary actions of all
officers and .other employees:---
Provided that the terms and conditions
of service of any officer or other employee appointed or engaged before the
commencement of this Ordinance shall not be varied to his disadvantage and that
he shall not be dismissed or removed from service or reduced in rank by any
authority subordinate to that by which he was appointed:---
Provided further that the officers or
employees appointed before the commencement of this Ordinance shall be given an
option, after the service rules for the officers and employees of the Board
have been made, to opt for the new service rules or to continue to be governed
by their existing service rules; but once the option has been exercised by an
officer or employee within the time fixed by the Board, it shall be final, and
an officer or employee who does not exercise the option within the prescribed
time shall be considered to have opted for the new rules:---
Provided also that the promotion,
demotion or other disciplinary action against an officer or employee on
deputation or secondment shall be governed by the service rules applicable to
him;
(b) to
appoint or engage such officers and other employees, advisers, consultants on
contract as it considers necessary for the efficient discharge of its functions
on such terms and conditions of service as it may determine;
(c) to carry
out all technical and engineering projects or works, or to enter into contract
or agreement pertaining to their execution;
(d) to make
all purchases of plant, machinery and stores either in the country or abroad in
such manner as it thinks fit and also to dispose of stores and equipment and
write off the losses;
(e) to fix
pay of the officers and other employees wherever necessary either initially or
otherwise at any stage within the pay scales prescribed by the Federal
Government;
(f) to
utilize or incur expenditure in respect of lump sum grant allocated for the
purpose in the budget;
(g) to
utilize surplus capacity of factories to undertake commercial activities in
markets within the country and abroad;
(h) to
create and operate with the approval of the Federal Government non-lapsable
revolving fund in foreign as well as local currency to meet objectives of indigenization and to promote export and R&D activities
from sale proceeds of the factory products; and
(i) to make,
subject to any direction issued in this behalf by the Federal Government,
departmental, financial, and accounting rules and procedures based on sound
commercial lines within six months of establishment.
8.Submission of estimates of receipts and expenditures to the Federal
Government.—(1) The Board shall, in the month of December every year,
submit, in such manner and form as the Federal Government may direct, to the
Federal Government, for making necessary provision in its budget, a statement
of the discharge of its functions under this Ordinance in respect of the new
financial year together with a statement showing separately the estimated
receipts and expenditure in foreign exchange for that year.
(2) The Board shall not, without the
previous sanction of the Federal Government, incur any expenditure or undertake
any financial liability involving expenditure in excess of the amount provided
for in the budget.
9. Accounts and audit etc. —(1) The Board shall maintain its accounts including
those of the factories in such manner and form as may be prescribed by the
Federal Government in consultation with the Auditor-General of Pakistan.
(2) The accounts of the Board,
including those of the factories, shall be audited by the Auditor-General of
(3) The Board shall, within six months
after the end of every financial year, submit to the Federal Government a
statement of accounts audited by the Auditor-General of
(4) The Federal Government may, at any
time, require the Auditor-General of
(5) The Board shall establish a costing
mechanism in all the factories so as to exercise effective cost control and
organized production on modern commercial lines.
10. Submission of annual report,
returns, etc. —(I) The Board shall,
as soon as possible after the end of every financial year but not later than
the thirty-first day of December next following, submit to the Federal
Government a report on the conduct of the affairs of the Board during the year.
(2) The Federal Government may require
the Board to furnish it with,---
(a) any
return, statement, estimate, statistics or other information regarding any
matter relating to, or under the control of, the Board;
(b) a report
on any subject with which the Board is concerned; and
(c) any
document or its copy in charge, or under the control, of the Board, and the
Board shall comply with such requisition.
1[11. Delegation of Powers. The Board may, from time ;to time,
authorize the Chairman, any one or more of its members or any subordinate
authority of the Board to perform such functions or exercise such powers on its
behalf as may be specified by the Board through a resolution passed at a
meeting with proper quorum, and the Chairman, member or subordinate authority
so authorized shall conform to such regulations or restrictions as may be
prescribed by the Board].
1Subs, by the
12. Mode of signifying
communications from the Board. Any
notice, determination, direction, requisition, appointment, expression of
opinion, approval or sanction to be given or signified on the part of the Board
for any of the purposes of, or in relation to, any powers or functions with
which it has been invested under this Ordinance, shall be sufficient and binding
if it is in writing signed by the Chairman or by any other person authorized by
the Board to act in its behalf in respect of the matters to which such
authorization may relate, and the Board shall not in any case be bound in
respect of any of the matters aforesaid unless by some writing signed in the
manner aforesaid.
13. Power to issue directions. The Federal Government may, from time to time, issue
directions to the Board to take such measures as it considers necessary for the
efficient management and commercialization of the factories and the Board shall
comply with such directions.
14. Power to make rules. The Federal Government may, by notification in the
official Gazette, make rules for carrying out the purpose of this Ordinance.
15. Dissolution of the Board. The Federal Government may, by notification in the
official gazette, declare that the Board shall be dissolved on such date as may
be specified therein, and the Board shall accordingly stand dissolved.
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