Updated: Friday February 24, 2017/AlJumaa
Jamada El Oula 28, 1438/Sukravara
Phalguna 05, 1938, at 04:48:03 AM
[1][1]The Punjab
Halal Development Agency Act, 2016
(Act LVI of 2016)
[06 December 2016]
An Act to establish the Punjab Halal Development Agency to regulate and promote
the trade of halal food and non-food products in the
It is necessary to
establish Punjab Halal Development Agency to promote the trade of halal food
and non-food products, to regulate halal processes of trade and commerce in the
Province and to ensure the implementation of uniform Halal Standards and
directions of the Pakistan Halal Authority; and, to deal
with ancillary matters.
Be it enacted by Provincial Assembly of the
1. Short title, extent and commencement.– (1) This Act may be cited as the Punjab
Halal Development Agency Act, 2016.
(2) It extends to whole of the
(3) It shall come into force on such date as
the Government may, by notification, specify and different dates may be so
specified for different areas.
2. Definitions.– (1) In this
Act:---
(a) “Act” means the Punjab
Halal Development Agency Act 2016;
(b) “Accredited Body” means a body to which Pakistan
National Accreditation Council has accorded formal recognition that the body is
competent to carry out specified tasks;
(c) “Agency” means the
Punjab Halal Development Agency established under section 3 of the Act;
(d) “Authority” means the Pakistan Halal Authority
established under the Pakistan Halal Authority Act, 2016 (VIII of 2016);
(e) “article” means any substance, artificial or natural, or partly artificial and partly natural, whether partly
or wholly processed, or a manufactured product, and any service or financial product
offered to the public;
(f) “Chairperson” means the
Chairperson of the Agency;
(g) “Domestic Halal Certificate” means the permit to
use Halal logo issued by the Agency;
(h) “food” includes every article manufactured, sold
or represented for use as food or drink for human consumption or which enters
into or is used in the composition, preparation, preservation of any food or
drink and includes confectionery, chewing substances and any ingredient of such
food, drink, confectionery or chewing substances;
(i) “food premises” means
the premises used for, or in connection with, preparation, preservation,
packaging, storage, conveyance, distribution or sale of any food or the
re-labelling, reprocessing or reconditioning of any food;
(j) “Government” means
Government of the
(k) “halal” means anything which is not haram or najis and is considered halal by the laws of Islam;
(l) “Halal Certificate”
means the certificate issued by the Agency to the effect that an article or
process is in conformity with the Halal Standard pertaining thereto, and
authorizing use of the Halal logo in respect thereof;
(m) “Halal Certification” means the entire process
of conformity assessment including audit, inspection, testing, and evaluation
to establish that an article or process is in conformity with the Halal
Standard, resulting in issue of a Halal Certificate;
(n) “Inspection Body” means a person or body of
persons certified by the Agency to act as Inspection Body under the Act;
(o) “manufacturer” includes
a person or entity who:---
(i) is in the business of manufacturing food or a product for purposes of
trade or commerce within the Province;
(ii) labels food or a
product as his own or who otherwise presents himself as the manufacturer of the
food or product;
(iii) as a seller, exercises control
over the design, construction or quality of the food or a product that causes
damage;
(iv) assembles food or a product by
incorporating into his product a component or part manufactured by another
manufacturer; and
(v) is a seller of a food or product of a foreign manufacturer and assumes or
administers warranty obligations of the product, or affiliated with the foreign
manufacturer by way of partial or complete ownership control, or modifies or
prepares a food or a product for sale or distribution;
(p) “prescribed” means prescribed by the rules or regulations
made under the Act;
(q) “process” means a
series of steps for the production, manufacture
or development of any article or system;
(r) “product” has the same meaning as assigned to the word “goods” in the
Sale of Goods Act, 1930 (III of 1930), and includes products which have been
subsequently incorporated into another product but does not include animals or
plants or natural fruits and other raw products, in their natural state, that
are derived from animals or plants;
(s)
“Province” means Province of the
(t)
“Registrar” means Registrar of the Agency;
(u) “regulations” mean regulations framed under the Act; and
(v) “rules”
mean rules made under the Act.
(2) A
word or expression used in the Act but not defined herein shall have the
meaning assigned to it in the Pakistan Halal Authority Act, 2016 (VIII of
2016).
3. Establishment of the Agency.– (1)
The Government may, by notification in the official Gazette, establish the Punjab Halal Development Agency for
carrying out the purposes of this
Act.
(2) The
Agency shall be a body corporate having perpetual succession
and a common seal, with powers, subject to the provisions of the
Act, to acquire and hold property, both movable and immovable, and
shall by the said name sue and be sued.
(3) The
headquarters of the Agency shall be at
(4) The Agency shall consist of the Chairperson to
be nominated by the Government and the following members:---
(a) Secretary
to the Government, Auqaf and Religious Affairs Department;
(b) Secretary to
the Government, Industries, Commerce and Investment Department;
(c) Secretary
to the Government, Livestock and Dairy Development Department;
(d) Secretary to
the Government, Agriculture Department;
(e) Secretary
to the Government, Food Department;
(f) six eminent citizens who have expertise in
the field of food technology and nutrition sciences, pharmaceuticals, religious
affairs or poultry and livestock industry to be nominated by the Government;
and
(g) Registrar (member/Secretary).
(5) The Chairperson shall preside the
meetings of the Agency; but, in the absence of the Chairperson, the members
present at a meeting shall elect one of the members to preside that meeting.
(6) No act
or proceeding of the Agency shall be invalid merely on the ground of existence of any vacancy or defect in the
constitution of the Agency.
4. Terms
of office of members.– (1) A member, other than an ex-officio member,
shall hold office for a period of
three years from the date of assuming office.
(2) A member other than an ex-officio
member may, at any time, resign his office by writing under
his hand addressed to the Government.
5. Removal of
members.– The
Government may, after affording an opportunity of hearing, remove a member,
other than an ex-officio member, if he:---
(a) has been adjudged an undischarged insolvent; or
(b) has been convicted of an offence which involves moral turpitude; or
(c) has become physically or mentally incapable of acting as
a member;
or
(d) has abused his position as a member and rendered his
continuance in the office prejudicial to the public interest.
6. Functions of the Agency.– (1) The
Agency shall generally assist the Authority in the performance of its
functions.
(2) Without
prejudice to the generality of the foregoing powers and subject to the
provisions of this Act, the Agency shall:---
(a) maintain a continuing working
relationship and coordinate with the Authority, international forums, entities
and organizations to promote halal concept and certification;
(b) develop procedure and auditing system
for implementation of Halal Standards and certification;
(c) issue domestic halal certificate,
certifying that the products listed are Halal;
(d) issue Halal Licence certifying that the
plant, production facility, food premises, slaughterhouse or abattoir, or the
establishment handling food has been approved to produce, distribute or market
halal food and the items listed therein;
(e) implement the certification process and
procedure for the appointment of Inspection Bodies;
(f) grant and revoke licence of certified
Inspection Bodies and maintain list of such bodies;
(g) maintain a register of all approved
bodies to be called the Provincial Register of the Halal approved bodies;
(h) authorize use of the halal logo by the
halal certificate holders;
(i) recommend the Authority to suspend or
revoke the halal certificate issued by the Authority for export or import or
inter-provincial commerce;
(j) develop the capacity of all
stakeholders for development of the Halal products and certification system
through national and international coordination and support;
(k) arrange and conduct public awareness
campaign for promotion of halal sector; and
(l) perform such other functions as may be
assigned by the Government.
7. Registrar.– (1) There shall be a
Registrar of the Agency who shall be the chief
executive of the Agency and who shall be appointed by the Government on
such terms and conditions as are prescribed and until so prescribed as the
Government may determine.
(2) The Registrar shall discharge such duties and
perform such functions as are assigned to him by the Agency or Government.
8. Domestic
Halal Certificate.– (1) A person or
body may apply for:---
(a) Domestic
Halal Certificate for its product;
(b) Halal Licence for plant production
facility or abattoir; and
(c) permission
to use the Halal logo.
(2) An application for obtaining Domestic Halal Certificate shall be made to
the Agency in such form and be accompanied by such fee and shall contain such
information as may be prescribed.
(3) The Agency shall evaluate the
application in accordance with the prescribed criteria and shall assign it to
its Auditor and Shariah Department or to a Licensed Certified Inspection Body
to audit the product or process or plant production facility or abattoir of the
applicant as the case may be and shall submit audit report within the
prescribed time.
(4) On receipt of the report, the Agency
may issue the Domestic Halal Certificate or Halal Licence subject to such conditions as may be prescribed and
until so prescribed as the Agency may deem appropriate.
(5) The
Domestic Halal Certificate or Halal Licence shall be valid for one year and may
be renewed by the Agency in the prescribed manner.
(6) An application for renewal of the
Certificate shall be submitted to the Agency, at least, three months prior to
the date of expiry of the Certificate or Halal Licence.
(7) The
body or person in whose name the Domestic Halal Certificate or Halal Licence is
registered shall keep the record of the business as mentioned in the Act or as
prescribed and shall make such record available to any official authorised by
the Agency or the Authority for purposes of implementation of the provisions of
this Act or the Pakistan Halal Authority Act 2016 (VIII of 2016).
(8) If at
any time, after issuance of the Domestic Halal Certificate or Halal Licence,
the Agency is satisfied, either on a reference made to it in this behalf by any
person or otherwise, that:---
(a) the
Halal business is not being conducted in accordance with the provisions of the
Act; or
(b) the
licence granted by it has been obtained by misrepresentation or suppression of
material facts; or
(c) there
is an adverse material change in the conditions in which the halal products are
being processed, manufactured or made,
the Agency may order special inspection by the Inspector or by the
Certified Inspection Body who shall submit the inspection report and the Agency
may, after giving due notice and after affording an opportunity of hearing may
cancel or suspend the licence for such period as it may determine.
(9) The Agency shall have the power to
suspend the Domestic Halal Certificate or Halal Licence where the circumstances
so warrant after obtaining special report and providing an opportunity of
hearing to the holder of Domestic Halal Certificate or Halal Licence.
9. Certification
of Inspection Bodies.– (1) A person or body may apply for a licence
to act as Certified Inspection Body by submitting an application and on payment
of fee as may be prescribed by the Agency.
(2) The
Agency shall maintain a list of the Inspection Bodies in the prescribed manner.
(3) If,
at any time, after issuance of the licence to act as an Inspection Body, the
Agency is satisfied either on a reference made to it in this behalf or
otherwise, that:---
(a) the
licence granted by it has been obtained by misrepresentation or suppression of
material facts; or
(b) there is an adverse material change in
the conditions in which the licence to act as Inspection Body was granted,
the Agency may, after giving due notice and
after affording an opportunity of hearing, cancel or suspend the licence, as
the case may be, for the period it may deem appropriate.
10. Inspectors.– (1) The Agency may appoint Inspectors, having
the prescribed qualifications, for the purpose of enforcement of this Act or
rules or regulations made thereunder.
(2) Subject to the Act and rules or
regulations, an Inspector shall have powers to:---
(a) inspect
any operation carried on in connection with any article or product or action or
process in relation to Halal Certification;
(b) take samples of any article, or of any
material or substance used in any article or process, in relation to which
Halal logo has been used;
(c) seize and detain for such time as may be
necessary, any article to which he believes any provision of the Act has been
contravened; and
(d) stop, search or seize any transport
vehicle in which he believes on reasonable ground that any article is being
transported which does not conform to Halal Standards and certification.
(3) Every Inspector, at the time of
inspection, must hold the identification card which shall be produced on
demand.
(4) A person who obstructs or impedes the
performance of duties by an Inspector or an officer authorized by the Agency
shall be guilty of an offence punishable under section 17 of the Act.
(5) An article seized under subsection (2)
may be kept or stored in the premises where it is seized or may be removed to
any other place or appropriately disposed of in case of its perishable nature,
or as an Inspector may deem appropriate.
(6) The Inspector shall release any article
seized by him under subsection (2) if he is satisfied that all the requirements
of the Act stand complied with.
(7) Any person who removes, alters, or
interferes in any way with an article seized by an Inspector shall be guilty of
an offence punishable under section 17 of the Act.
(8) A
person who knowingly makes any false or misleading statement either verbally or
in writing to the Agency or an Inspection Body or Inspector, engaged in
carrying out duties under the Act, shall be guilty of an offence punishable
under section 17 of the Act.
11. Authentication
of orders and other instruments of the Agency.– All orders, decisions,
instruments and notifications issued by the Agency shall be authenticated with signatures of an officer or
officers authorized by the Agency in
this behalf.
12. Power to
obtain information.– Every holder of a Halal Certificate or
Halal Licence shall provide to the Agency such information and such samples of
an article or material or substance used in relation to any article or process
as the Agency may require.
13. Duty
of disclosure.– Every manufacturer of an article, food or a
product shall, on the wrapper, bottle or container containing such article,
food or product, disclose its components, parts, ingredients, quality, date of
manufacture, date of expiry and the fact that the article, food or product is
halal.
14. Prohibition
of improper use of Halal logo.– No
person shall use, in relation to any article, product or process or in the title of any patent or in any trademark or design,
the Halal logo except under the terms of a Domestic Halal Certificate or
Halal Licence issued under this Act.
15. Prohibition
of use of certain name, mark or logo.– No person shall, without the previous permission of the Agency, and
subject to such conditions as the Agency may impose, use, in any manner
whatsoever, any name, mark or logo which resembles the name, mark or logo of
the Agency or contains an expression or any abbreviation of such expression
relating to Halal Standards recognized by the Agency.
16. Marketing
of Halal products.– No food or non-food product shall be marketed or
offered for sale with the description or representation of being a halal
article or product within the Province unless it bears the Halal logo of the
Agency.
17. Penalty.– (1) A person who contravenes the provisions of the sections 13, 14, 15 and
16 of this Act shall be punished with imprisonment of either description for a
term which may extend to three years, or with a fine which may extend to one
million rupees but which shall not be less than one hundred thousand rupees, or
with both.
(2)
A person who contravenes any of the provisions of this Act, or any rule made or
notification issued thereunder shall, if no other penalty elsewhere is provided
under the Act or any other law for the time being in force, be punished with
imprisonment of either description for a term which may extend to one year, or
with a fine up to five hundred thousand rupees but which shall not be less than
fifty thousand rupees, or with both.
(3) A court convicting a person under
subsection (1) may direct that the articles, in respect of which the
contravention is made, be forfeited to the Government.
18. Cognizance
of offence.– (1) No
court shall take cognizance of an offence under this Act except on a complaint
by an officer authorized by the Agency.
(2) No court inferior to that of Magistrate of the First Class shall try
an offence punishable under the
Act.
19. Appeals.– A person aggrieved by an order of the Agency may prefer an appeal to the
Government within thirty days of the date of such order in the prescribed
manner.
20. Appointment
of officers, staff, etc.– (1) The
Agency may, from time to time, create posts and appoint such officers, staff,
experts or consultants as it may consider necessary for the performance of its
functions, on such terms and conditions as may be prescribed but the
appointment in basic pay scale 18 or above shall be made with the previous
approval of the Government.
(2) The officers of the Agency shall have
such powers and shall perform such functions as may be assigned to them by the
Agency, Chairperson or Registrar.
21. Members and
officers etc. to be public servants.– The Registrar, members, officers, staff, experts
and consultants of the Agency 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 Penal Code, 1860 (XLV of 1860).
22. Delegation of
powers.– The
Agency may, by a general or special order and subject to such conditions
as it may deem appropriate, delegate to a
member or an officer any of its powers or functions under this Act.
23. Fund.– (1)
The Agency shall create a Fund to be known as the Punjab Halal Development Agency
Fund.
(2) The Fund shall vest in, and be utilized
by, the Agency to meet its expenses in connection with the performance of
functions under this Act.
(3) The
Fund shall consist of the following:---
(a)
grants made by the Federal Government or the Government;
(b)
loans, aid, donations and contributions received from foreign governments,
national or international agencies and non-governmental and private
organizations, with the approval of the Government; and
(c)
fees and other income received by the Agency.
(4) All sums payable to the Agency may be
recovered as arrears of land revenue under the Punjab Land Revenue Act, 1967 (XVII of 1967).
24. Budget.– The
Agency shall, in respect of each financial year, submit for approval of
Government, by such date as may be prescribed, a statement of the estimated
receipts and expenditure, including requirements of foreign exchange for the
next financial year.
25. Audit and accounts.– (1) The Agency shall maintain its accounts in such
manner as may be prescribed and until so prescribed as is applicable to a
Government department.
(2) The accounts of the Agency shall be
audited every year by the Auditor General of
26. Directions by the Government.– The Government may issue such directions to the Agency
as may be necessary to accomplish the objectives of the Agency and the Agency
shall comply with such directions.
27. Protection of actions
taken in good faith.– No suit, prosecution or
other legal proceeding shall lie against the Government or the Agency or any
person acting under authority of the Government or the Agency for anything
which is in good faith done or intended to be done in pursuance of this Act or
the rules or the regulations made thereunder.
28. Reports.– (1) As soon as may be after
the end of every financial year but before the last day of September, the
Agency shall submit to the Government, a report on the conduct of its affairs
and its future plans.
(2) The
Government may, after giving sufficient notice, require the Agency to furnish
any report, document, return, statement, estimate, statistics, or other information
regarding any matter or subject concerning the Agency.
29. Power to make
rules.– The Government may, by
notification in the official Gazette, make rules for carrying out purposes of
this Act.
30. Power to
frame regulations.–
Subject to this Act and the rules, the Agency may frame regulations to give
effect to the provisions of the Act.
31. Power to
exempt.– The Government may, by notification in the official Gazette,
exempt any article or class of articles from operation of all or any of the
provisions of this Act.
32. Saving.– The provisions of the Act shall be in addition to and not in
derogation of the Pakistan Halal Authority Act, 2016 (VIII of 2016).