Updated: Thursday August 25, 2016/AlKhamis
Thoul Ki'dah 22, 1437/Bruhaspathivara
Bhadra 03, 1938, at 02:55:05 PM
The
ORDINANCE CXXVI OF 2002
An Ordinance to provide for the establishment of the
Pakistan Postal Services Management Board
WHEREAS, it is expedient to provide for
the establishment of the Pakistan Postal Services Management Board and for
matters connected therewith or incidental thereto;
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 the
Provisional Constitution Order No. 1 of 1999, read with the Provisional
Constitution (Amendment) 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 Postal Services Management Board Ordinance. 2002.
(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) “ Auditor
General” means the Auditor General of
(b) “Board”
means the Pakistan Postal Services Management Board established under section
3;
(c) “Chairman”
means the Chairman of the Board;
(d) “Director
General” means the Director General of the Pakistan Post Office Department;
(e) “Executive
Committee” means the Executive Committee of the Board;
(f) “Fund”
means the Pakistan Postal Services Fund;
(g) “member”
means a member of the Board and includes the Chairman;
(h) “Pakistan
Post Office Department” means the Pakistan Post Office Department established
under the Post Office Act, 1898 (VI of 1898); and
(i) “Secretary”
means the Secretary of the Board;
3. Establishment of the Pakistan
Postal Services Management Board.---(1)
For the Management of the Pakistan Post Office Department, there is hereby
established a Board to be known as the Pakistan Postal Services Management
Board.
(2) The Board shall be a body corporate
having perpetual succession and a common seal, with power, subject to the
provisions of this Ordinance, to acquire, hold and dispose of its property,
both movable and immovable; and shall by its name sue and be sued.
(3) The Board shall consist of the
following members, namely:---
(a)
(b) An
officer of the rank of Joint Secretary from the Ministry of Finance. Member
(c) An
officer of the rank of Joint Secretary from the Communications Division. Member
(d) Three
senior technical officers from the Pakistan Post Office Department. Member
(e) Three
suitable persons from private sector. Member
4. Chairman.-(1) Subject to the provisions of this Ordinance, the
rules and regulations made thereunder, the Chairman shall be a BS-21 or 22
officer.
(2) The Chairman shall have
administrative and financial powers as specified in Schedules “I” and “II” to
this Ordinance.
5. Appointment and term of office of
a member. A member, not being an
ex-officio member, shall be appointed by the Federal Government and shall hold
office for a period of two years and shall be eligible for reappointment for a
further period of one year.
6. Term and conditions of
appointment. The terms and conditions
of appointment of a member appointed from private sector shall be such as the
Federal Government may from time to time, determine.
7. Resignation by a member. A member, other than an ex-officio member may, by
giving in writing to the Federal Government a notice of not less than sixty
days, resign his office:---
Provided that his resignation shall not
take effect until accepted by the Federal Government.
8. Removal of a member.-(1) Subject to subsection (2), the Federal Government
may, by notification in the official Gazette, remove any member from his
office.
(2) any member may be removed from his
office, if he,---
(a) in the
opinion of the Federal Government, fails to discharge, or becomes incapable of
discharge, his duties under this Ordinance;
(b) has been
declared insolvent;
(c) has been
declared to be disqualified for employment in, or has been dismissed from the
service of
(d) has been
convicted of an offence involving moral turpitude; or
(e) has
knowingly acquired or continued to hold without the permission in writing of
the Federal Government, directly or indirectly or through a partner, any share
or interest in any contract or employment with or by on behalf of the Board, in
any land or property which in his knowledge, is likely to benefit or has
benefited as a result of the operation of the Board.
9. Filing of a casual vacancy.---A causal vacancy in the office of a member shall be
tilled by the appointment of another member for the remaining term of office of
his predecessor.
10. Meetings of the Board.---(1) The Board shall meet at least once during a
quarter.
(2) The meetings of the Board shall be
held at such time and at such places as the Chairman may determine.
(3) To constitute quorum at a meeting
of the Board, the Chairman and at least five other members shall be present one
of whom shall be either Joint Secretary, Ministry of Finance, or Joint
Secretary, Communications Division.
(4) The Chairman and, in his absence, a
member authorized by him in this behalf, shall preside at the meetings of the
Board.
(5) Each member shall have one vote
and, in they event of an equality of votes, the Chairman shall have a casting
vote.
(6) No act or proceedings of the Board
shall be invalid merely on the ground of the existence of any vacancy in, or
any defect in the constitution of the Board.
11. Powers and functions of the
Board.---(1) Subject to the
provisions of this Ordinance, the board shall have complete decision making
power in matters relevant to all the administrative, operation and finance of
the Pakistan Post Office Department:---
Provided that the power to make
decisions in important policy matters shall vest in the Federal Government.
(2) In particular and without prejudice
to the generality of the foregoing powers, the following shall be the powers
and functions of the Board, namely:---
(a) to
manage, maintain and operate the Pakistan Post Office Department;
(b) to
manage, maintain and operate the Post Office Savings Banks throughout
(c) to frame
overall market oriented postal policies and introduce flexible tariff regime in
consultation with the Government;
(d) to
manage postage rates for ordinary postal articles in consultation with the
Government;
(e) of
manage, maintain and operate the Postal Life Insurance throughout
(f) to make
such provisions as appear to it to be appropriate for advancing the skills of
its officers, employees and servants by education, training and otherwise, and
to promote, within reasonable limits, their welfare.
(g) to
conduct and assist research experiments or trials for the improvement of
methods of postal facilities and other services being carried out by the
Pakistan Post Office Department;
(h) to
advise the Federal Government on matters relating to postal and other services
being provided by the Pakistan Post Office Department and to provide
consultancy services thereto;
(i) to
maintain liaison with the Universal Postal Union and other international postal
organizations;
(j) to open,
operate and maintain bank accounts only with those banks authorized by the
Finance Division in accordance with the instructions issued from time to time,
for maintaining working balances of public sector enterprises;
(k) to
undertake domestic or foreign borrowings in consultation with the Finance
Division and invest surplus funds of the Board in accordance with the
instructions issued, from time to time, by the said Division;
(l) to seek
contracts and provide postal services abroad; and
(m) to
perform such other functions as the Federal Government may, from time to time,
assign.
12. Secretary of the Board.--(1) There shall be a Secretary of the Board who shall
be a senior officer of the Postal Group.
(2) The Secretary shall,---
(a) be
responsible for the administration of the Board’s offices;
(b) be
responsible for recording all decisions of the Board and monitoring progress
thereon; and
(c) perform
such other functions as the Board may, from time to time assign.
Explanation. For the purposes of this
section, Postal Group means the Postal Occupational Group as constituted vide
the Division”s O. M. No. 7/2/15-ARC, dated the 30th May. 1975.
13. Executive Committee.-(1) “There shall be an Committee for taking day to day
operational decisions in line with formulated by the -Board, and matters
delegated to it specifically by Board.
(2) The Executive Committee shall
consist of the members, namely:---
(a)
(b) Additional
Director General (Administration). Pakistan Office Department.
(c) Additional
Director General (Operations), Pakistan Post Department.
14. Delegation of powers. The Board may, by order in direct that any of its
powers, shall, in such circumstances and under conditions, if any, as may be
specified m the order be exercisable also member or the Executive Committee.
15. Preparation of plans. The Board shall, froth time to prepare plans and, if
necessary, prospective plans, for the development postal and other services and
for the furtherance of its purposes functions under this Ordinance and matters
incidental thereto.
16. Postal Tariffs.-(1) Notwithstanding anything contained in the Post
Office Act, 1898 (VI
of 1898), the upward revision of postage rates ordinary postal articles
sent by inland post shall be subject to the approval of the Federal Government:---
Provided that the rates being charged
by the Pakistan Post Department immediately before tire commencement of this
Ordinance be deemed to have been approved by the Federal Government.
(2) Rates of postage to be charged in
respect of postal articles abroad shall be fixed by the Board according to the
relevant provisions the Convention adopted by the latest Congress of the
Universal Postal or in accordance with its international obligations.
(3) Fees to be charged in respect of
postal articles requiring treatment and for remittance of money shall be fixed
by-the Board.
(4) “The Board may, from time to time;
settle with foreign authorities rates at which accounts shall be settled with
such respect of postal traffic between Pakistan and other countries.
17.
Provided that the Board shall with the
prior approval of the Federal Government, enter into contracts for leasing and
selling its assets.
18. Budget.-(1) The Board shall submit to the Federal Government a
statement of the estimated receipts and expenditure for next financial year for
approval in principle.
(2) The annual budget shall be approved
by the Board.
(3) The Board may,
within the budgetary allocations, authorise any expenditure considered
necessary for the efficient performance of the functions of the Pakistan Post
Office including re-appropriation from one head of account to another.
19. Audit and accounts.---(1) The accounts of the Board shall be maintained in
such forms as may be determined by the Controller General Accounts.
(2) The Auditor General shall have the
power to audit or cause to be audited, the accounts of the Pakistan Post Office
Department.
(3) The Board shall cause the Pakistan
Post Office Department to produce such accounts and books and connected
documents, and furnish such explanation and information, as the Auditor
General, or any officer authorized by him in this behalf, may require for the
purpose of the audit.
(4) Copies of the audit report shall be
sent to the Board and to the Federal Government.
(5) The Board shall cause compliance
from the Pakistan Post Office Department with any directive issued by the
Federal Government, the Auditor General or the Public Accounts Committee of National
Assembly for rectification of an audit objection. .
20. Internal audit.----The Board shall, in addition to the audit under
section 19, cause to be carried out internal audit of the accounts of the
Pakistan Post Office Department for submission to the Board through the
Chairman.
21.
(2) The Fund shall consist of,---
(a) grants
made by the Federal Government
(b) loans
obtained by the Board with the approval of the Federal Government:
(c) grants
made by local bodies;
(d) receipts
for services rendered, sale proceeds from movable property and, with the prior
approval of the Federal Government . receipts of immovable property;
(e) loans
obtained with the special or general prior sanction of the Federal .Government;
(f) foreign
aid and loans obtained from any source outside
(g) proceeds
of, all charges and recoveries made under the Pakistan Post Office Act, 1898
(VI of 1898); and
(h) all
other sums receivable by the Board.
(3) The Board shall
have power to meet charges from the Fund in connection with its functions under
this Ordinance including payment of salary or remuneration of the Chairman,
members, officers, employees and advisers of the Board. “
(4) All surplus money and profits
earned by the Pakistan Post Office Department shall be deposited in the
Government Treasury according to the prescribed procedure.
22. Appointment of officers
employees and advisers.-(1) Subject
to subsection (2), the Board may appoint such officers, employees and advisors
at it may consider necessary for the efficient performance of its functions on
such terms and conditions as may be prescribed by regulations:
(2) All appointments shall be made in
accordance with the prescribed educational, technical or professional
qualifications and experience and age limits, against posts sanctioned by the
Government and all initial appointments shall ivy made after advertisement of
the vacancies in the prominent newspapers.
23. Submission of yearly reports.-(1) The Board shall submit to the Federal Government,
as soon as possible after the end of every financial year but before the 30th
September a report on the conduct of its affairs for the year.
(2) The Federal Government may require
the Board to furnish to it with any report, return, statement, estimates and
statistics on any subject and any other document or any other information
regarding any matter under the control of the Board.
24. Rates of profit and bonus. (1) Rates of profit payable to depositors and
investors of the savings schemes, operated by the Pakistan Post Office
Department shall be determined by the Federal Government.
(2) Rates of bonus payable on the
Postal Life Insurance shall be fixed by the Board on the advice of the actuary
conducting the valuation of the Postal Life Insurance Fund.
25. Directives of the Federal
Government. For furthering the
functions and objectives of the Pakistan Postal Services Management Board, the
Federal Government may, as and when it considers necessary, issue directives to
the Board on matters of policy, and such directives shall be binding on the
Board and if a question arises whether any matter is a matter of policy or not,
the decision of the Federal Government shall be final.
26. Power to make rules. The Federal Government may, by notification in
official Gazette, make rules for carrying out the purposes of this Ordinance.
27. Power to make regulations. The Board may, with the prior approval of the Federal
Government, by notification in the official Gazette, make regulations, not
inconsistent with this Ordinance and the rules made thereunder, for carrying
out the purposes of this Ordinance.
28. Removal of difficulties. If any difficulty arises in giving effect to any of
the provisions of this Ordinance, the Federal Government may make such order,
not inconsistent with the provisions of this Ordinance as may appear to it to
be necessary for the purpose of removing the difficulty:---
Provided that no
such power shall be exercised after the expiry of one year from the coming into
force of this Ordinance.
29. Savings. Nothing in the Ordinance shall derogate from or affect
the provision of the Post Office Act, 1898 (IV of 1898) the Government Saving Bank Act, 1873 (V of 1873), the Post Office Cash Certificates Act, 1917 (XVIII
of 1917), the Post Office National Savings Certificates Ordinance, 1944 (XLII
of 1944), and the Wireless Telegraphy Act, 1933 (XVII of 1933), or any enactment amending or extending the
same, provided that reference to the Pakistan Post Office therein shall
hereafter be read and constitute as reference to the Board.
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