Updated: Monday August 29, 2016/AlEthnien
Thoul Ki'dah 26, 1437/Somavara
Bhadra 07, 1938, at 05:02:28 AM
ORDINANCE NO. XXXIX OF 2002
[12th August, 2002]
An
Ordinance
to provide for the establishment of the
Small and Medium Enterprises Development Authority as an autonomous body under
the Federal Government for encouraging and facilitating the development and
growth
WHEREAS it is expedient for the establishment of a
Small and Medium Enterprises Development Authority to provide requisite support
services for encouraging and facilitating the development and growth of small
and medium enterprises in Pakistan by way of policy making and through the
provisions of resources and support services and to provide for matters
connected therewith and ancillary 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 Pakistanis pleased to
make and promulgate the following Ordinance:---
________
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.‑
(1) This Ordinance may
be called the Small and Medium Enterprises Development Authority 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) “Authority”
means the Small and Medium Enterprises Development Authority established under
section 3;
(b) “Board”
means the Board of the Authority constituted under section 5;
(c) “Chairman”
means the Chairman of the board;
(d) “Chief
Executive Officer” means the Chief Executive Officer of the Authority;
(e) “Committee”
means a committee constituted by the Board;
(f) “employee”
means any officer or servant of the Authority;
(g) “Executive
Secretary” means the Executive Secretary of the Board;
(h) “Federal
Government” for purposes of this Ordinance, means the Ministry of
Industries and Production;
(i) “Fund”
means the fund established under section 22;
(j) “Member”
means a member of the Board including the Chairman;
(k) “Person”
means any natural person or Legal entity, including an individual, association
of persons, partnership, company, corporation, statutory body, trust, society,
or any other legal entity;
(l) “prescribed”
means prescribed by the rules made under this Ordinance;
(m) “private sector”
means any field of activity not in the public sector or of any statutory body
or any body which is owned or controlled, wholly or partially, by the Federal
Government or a Provincial Government, except a university or an educational or
research institute;
(n) “regulations”
means the regulations made under this Ordinance;
(o) “rules”
means the rules made under this Ordinance; and
(p) “S.M.E.s”
means all entities declared or defined by the Federal Government to be small or
medium enterprises for the purposes this Ordinance.
________
CHAPTER II
THE AUTHORITY
3. Establishment of the Authority.‑(1) There shall be established an Authority
to be called the Small and Medium Enterprises Development Authority for
carrying out the purposes and objectives of this Ordinance.
(2) The Authority shall be a body corporate
having perpetual succession and a common seal, with power, subject to the
provisions of this Ordinance, to acquire, take‑over, hold and dispose of
property, both moveable and immovable, to enter into contracts and shall by the
said name sue and be sued.
(3) The Authority shall have the sole and
exclusive right to have and to use all emblems, motto, logo, decorations,
descriptive or designating marks and titles, now or heretofore used by the
Authority, the name “Small and Medium Enterprises Development Authority” or any
similar grammatical variation thereof, and shall also have the sole and
exclusive right to have and to use any emblems, motto, logo decorations,
descriptive or designating marks or titles hereafter adopted by the Authority
for carrying out its objectives.
(4) The Head Office of the Authority shall
be at
(5) The Authority may establish regional
offices at such other places and in such numbers as the Board may, from time to
time, deem fit.
4. Powers and functions of the Authority.‑(1) The Authority shall have all such powers
as may be necessary to perform its duties and functions under this Ordinance.
(2) Without prejudice to the generality of
the foregoing provision, the Authority shall exercise and perform the following
powers and functions, namely:‑--
(a) to facilitate
on policy‑making and to provide overall planning, programming, research
and evaluation of matters relating to S.M.E.s in
(b) to identify
research parameters and priorities and broad thrusts;
(c) to conduct
professional overall monitoring and external evaluation of S.M.E.s;
(d) to advise
the Federal Government for allocation of funds to identify research and
planning priorities;
(e) to initiate,
take, continue, implement and perform any and all activities for encouraging
and facilitating the growth and development of S.M.E.s;
(f) to protect
the interests of S.M.E.s in accordance with the provisions of this
Ordinance and any rules and regulations made thereunder
(g) to act
as a resource base for providing expertise, information, data, statistics
including but not limited to, economic, commercial, business and industrial
areas and such other resources as deemed appropriate or necessary
for S.M.E.s
(h) to
provide, arrange and facilitate support services, including but not limited to
technical, financial, managerial, legal, marketing, commercial industrial and
such other services as deemed appropriate or necessary for S.M.E.s;
(i) to establish
any association of persons, firm, company, body or corporation
concerning S.M.E.s in
(j) to
engage and enter into agreements with financial and other institutions, and
financial, legal, accounting, valuation and other specialists, for the purposes
of fulfilling the aims and objectives of the Authority;
(k) to borrow
money and secure or discharge any debt or obligation binding on the Authority
in such manner as may be thought fit;
(l) to
sell, improve, manage, develop, exchange, mortgage, let or rent,
grant licences, easements, options, servitudes and other rights over and
in any other manner deal with or dispose the real and personal property,
assets, rights and effects of the Authority;
(m) to open
and maintain the Authority”s accounts with banks and financial institutions;
(n) to
enter into any agreements with any authorities, Federal or Provincial,
autonomous, semi‑autonomous, municipal, local or otherwise that
may be conducive to the Authority”s aims or objectives, or any one of
them, and to obtain from any such authority, rights, privileges and concessions
which the Authority may deem desirable to obtain and to carry out, exercise and
comply with any such arrangements, rights, privileges and concessions;
(o) to have
and possess all powers and functions enumerated in sections 7, 11 and 15 as
entrusted to the Board, the Chairman and the Chief Executive Officer
respectively;
(p) to perform
such other functions as may be assigned by the Federal Government to achieve
the aims and objectives of this Ordinance; and
(q) to do
all other acts, deeds and things incidental to or ancillary for the purposes of
achieving the objects of this Ordinance.
CHAPTER III
BOARD AND COMMITTEES
5. Exercise of the powers and functions of
the Authority to be vested in a Board. The powers and functions of the Authority
and the general and overall direction, management, control and superintendence
of the affairs of the Authority shall vest in a Board and all actions,
decisions, guidelines, directions, orders and policies made or issued by the
Board in the exercise of the said powers and functions shall be deemed to have
been made and issued by the Authority.
6. Composition
of the Board.‑(1)
The Board shall consist of the following members, namely:‑--
(a) the Chairman;
(b) the Secretary,
Industries and Production Division, Government of
(c) the Secretary,
Finance Division, Ministry of Finance, Revenue and Economic Affairs, Government
of
(d) the Secretary,
Commerce Division, Government of
(e) the Chairman,
Central Board of Revenue, Government of
(f) the Chief
Executive Officer; and
(g) six
persons from the private sector and, as far as possible, amongst them at least
one from each Province of Pakistan who are reputed for their integrity,
competence, expertise, knowledge and experience in the spheres including but
not limited to economics, commerce, business, trade, industry, law, actuarial
sciences, accountancy, banking, finance, marketing, technology, academia,
or other spheres of expertise and who are capable of and able to positively
contribute towards the aims, objectives and functions of the Authority.
(2) The Members mentioned in clauses (b) to
(e) of sub‑section (1) shall be ex officio Members.
(3) If any Member referred to in clauses (b)
to (e) of sub‑section (1) is absent from Pakistan, or is unable to attend
a Meeting of the Board, he may authorize an officer, not below the rank of
Additional Secretary or Joint Secretary of his Division, to act as a Member and
such officer, if approved by the Board may act as a Member and participate in
the Board Meeting for such period of time and for such number of Meetings as
may be permitted by the Board.
(4) A Member, other than an ex officio
member, shall be appointed by the Federal Government in consultation with the
Chairman, and shall hold office for a term of three years and may be eligible
for re‑appointment for only one additional term not exceeding three
years.
7. Powers and
functions of the Board. Subject
to the provisions of this Ordinance, the Board shall,‑--
(i) exercise
executive control over the affairs of the Authority;
(ii) manage
and administer affairs of the Authority;
(iii) approve
the annual budget of the Authority;
(iv) ask
for any information or call for the record of any matter relating to S.M.E.s,
pending before or decided by the Authority or any committee constituted by the
Authority;
(v) ask for
any information or call for the record of any matter relating to S.M.E.s, from
any ministry, division, department, section, statutory body, corporation,
agency of the Federal or Provincial Government concerning any policy, relating
to S.M.E.s subject to the constitutional and legal requirements, for review and
appropriate action as and if necessary. The concerned ministry, division,
department, section, statutory body, corporation, agency of the Federal or Provincial
Government, which after the receipt of such request, shall, within a reasonable
period of time, provide the requisite information or record to the Authority;
(vi) assist
and facilitate banks and other institutions in developing appropriate
programmes for the promotion and development of S.M.E.s;
(vii) enter
into all such negotiations, agreements and contracts and rescind or vary all
such agreements or contracts, and to execute all such documents and do all
acts, deeds and things, in the name and on behalf of the Authority as may be
considered necessary, expedient or proper, or in relation to any of the matters
aforesaid or otherwise, for the purposes of the Authority;
(viii) deal
with, make arrangements, sign contracts with Government, semi-Government,
autonomous bodies, corporations, local Government and other institutions;
(ix) sell,
deal in and dispose of all articles and goods of the Authority;
(x) engage, employ, fix and pay the remuneration and remove,
dismiss or discharge all employees and other persons employed in, or in
connection with, the Authority’s business;
(xi) transfer employees
from one department to another department;
(xii) employ advisers,
experts and consultants for the Authority;
(xiii) review
the performance of any person employed or engaged by the Board or the Chief
Executive Officer, from time to time, and issue such directions as it may deem
fit, appropriate or necessary;
(xiv) make and
give receipt, release and discharge, all moneys payable to the Authority or for
the claims and demands of the Authority;
(xv) receive money
or goods on behalf of the Authority;
(xvi) give effectual
discharge for moneys payable to the Authority and for its claims and demands;
(xvii) draw,
accept, endorse and negotiate all such cheques, bills of exchange,
promissory notes and Government and other securities as shall be necessary in
or for carrying on the affairs of the Authority whether the account may be
overdrawn or not;
(xviii) provide for
the welfare of employees or ex‑employees of the Authority and the wives,
widows or families or the dependants of such persons in such manner as it may
think fit;
(xix) open,
maintain and operate accounts or letters of credit for any amount with any bank
or banks and to give instructions for operation of such accounts;
(xx) institute, commence, defend, compromise, withdraw or abandon
any legal proceedings by or against the Authority or its employees or otherwise
concerning the affairs of the Authority;
(xxi) Appear
before any Court of law, civil, criminal, revenue excise income-tax, special
courts, tribunals, whether original or appellate, Provincial High Courts and
the Supreme Court of Pakistan and other authorities for and on behalf of the
Authority and to institute, apply for transfer of suits and other proceedings,
conduct, prosecute and defend suits and legal jurisdiction, sign powers of
attorney or other authorizations, statements, pleadings and petitions on behalf
of the Authority and to represent, defend and safeguard the interest of
Authority;
(xxii) purchase
or take on lease or otherwise acquire for the Authority, land, buildings,
rights and privileges for the purpose of offices or premises of the Authority
at such prices and generally on such terms as it may think necessary
and expedient, to build, alter and furnish offices, houses or premises and
let or sub‑let any such houses or premises in portion or otherwise;
(xxiii) demand
and enforce payment, delivery, transfer of any dues for recovery and receive
from all and any persons, body corporate or corporations, firm or companies
whatsoever, all moneys, securities for moneys, debts and claims of all kinds
and demand, enforce, deliver and receive any property of all kinds whether
belonging to the Authority as security or in trust or held by any person
or company in trust or by way of security for the Authority;
(xxiv) appoint
and nominate attorneys, agents, managers for the Authority for such purposes
and with such powers, authorities and discretion and for such period and
subject to such conditions as he may, front time to time, think fit
and authorise them to exercise any or all such powers and functions;
(xxv) assign or
sub‑contract work of the Authority to private sector persons or otherwise;
(xxvi) see that the Ordinance and the rules and regulations made
thereunder are duly observed and to ensure such observance;
(xxvii) make,
formulate, lay down, review and approve policies and plans relating to the aims
and objectives of the Authority;
(xxviii) advise
the Authority on all matters relating to its policies, plans, aims and
objectives;
(xxix) review
the development and growth of S.M.E.s in
(xxx) make,
formulate, lay down and approve regulations on behalf of the Authority;
(xxxi) approve
the annual financial budget of the Authority;
(xxxii) seek
advice from any person relating to any matter under its jurisdiction;
(xxxiii) constitute
such committees as it may deem fit or consider necessary or expedient to assist
the Board in the performance of its functions under this Ordinance and to
review the performance of such committees;
(xxxiv) maintain
and preserve the Fund of the Authority;
(xxxv) lay
down the terms and conditions of the employees, experts, advisers and
consultants of the Authority;
(xxxvi) to
assist and facilitate banks and other institutions in developing appropriate
programmes for promotion and development of S.M.E.s;
(xxxvii) recommend
suitable persons for the appointment as the Chief Executive Officer; and
(xxxviii) do
or to perform such other acts, deeds and things as may be necessary and
incidental thereto.
8. Meetings of the Board.‑(1) The Board shall meet not less than twice
in a calendar year.
(2) the Meetings of the Board shall be
presided over by the Chairman or, in his absence, by any other Member as the
Board may determine.
(3) Six Members
including at least two ex‑officio Members shall constitute a quorum for a
meeting of the Board.
(4) The decision of the Board shall be taken
by the Majority of its Members, each of whom shall have a single vote,
including the Chairman. In case of a tie, the Chairman or, in his absence, the
person chairing the meeting, shall have a casting vote.
(5) No actor proceeding of the Board shall
be invalid merely on the ground f the existence of any vacancy in, or any other
defect in the constitution of, the Board.
9. Committees. The Board may, for the purpose of obtaining
advice and assistance in carrying out the purposes of this Ordinance,
constitute committee consisting of the Members of the Board and any other
suitable person or persons as it may deem fit.
CHAPTER IV
THE CHAIRMAN
10. The Chairman of the Board. The Federal Minister for Industries
and Production, Government of Pakistan, shall be the ex‑officio Chairman
of the Board.
11. Powers and functions of the Chairman.-(1) The Chairman may ask for any information
or call for the record of any matter, pending before or decided by the Board,
the Chief Executive Officer or any committee, relating to S.M.E.s and may ask
for information, from any Ministry, statutory body, corporation, agency of the
Federal or Provincial Government concerning any policy, relating to S.M.E.s for
review and appropriate action, as and if necessary. The concerned Ministry,
statutory body, corporation, agency of the Federal or Provincial Government,
which after the receipt of such request, shall, within a reasonable period of
time, provide the requisite information or record to the Chairman.
(2) The Chairman may take appropriate and
necessary action on any report submitted to him by the Board, the Chief
Executive Officer, a Member or a committee.
(3) The Chairman may
review the performance of the Board, the Chief Executive Officer, a Member or a
committee, from time to time, and issue such directions as the Chairman may deem
fit.
CHAPTER V
THE CHIEF EXECUTIVE OFFICER
12. The Chief Executive Officer.‑(1) There shall be a Chief Executive Officer
of the Authority who shall be appointed by the Federal Government subject to
such terms and conditions as may be determined by the Federal Government.
(2) The Chief Executive Officer shall be
appointed for a term of three years which may be extended to only one
additional term of not exceeding three years.
13. Qualifications of the Chief Executive
Officer. A person
shall not be qualified to be appointed as the Chief Executive Officer or a Member
of the Authority unless he,---
(a) is a
citizen of
(b) is not
less than forty years of age;
(c) is a
person who is well‑qualified, experienced and of known integrity and
competence.
14. Disqualification of the Chief Executive
Officer. No
person shall be appointed or continue as a Chief Executive Officer of the
Authority if he,---
(a) is of
unsound mind and has been so declared by a competent authority;
(b) is adjudged
an undischarged insolvent;
(c) ceases
to be a citizen of
(d) has at any time been convicted of an offence which, in the
opinion of the Federal Government, is an offence involving moral turpitude;
(e) has been
dismissed, removed or compulsorily retired from the service of
(f) is found
guilty of a corrupt or illegal practice under any law for the time being in
force;
(g) has
after the establishment of
(h) is not
capable of discharging his duties by reason of physical, psychological or
mental unfitness or ill‑health and has been so declared by a medical
board appointed by the Board and comprising of three registered and licensed
medical practitioners.;
(i) absents
himself from all the Meetings of the Board, without sufficient cause and leave
of absence from the Board, for a continuous period of six months or, if less
than three meetings are held within such a period, from three consecutive
meetings of the Board;
(j) remains
absent without leave from the Authority for more than seven days, or
(k) refuses or
fails to discharge or, in the opinion of the Board, becomes incapable of
effectively discharging his responsibilities under this Ordinance.
15. Powers and functions of the Chief
Executive Officer. The
Chief Executive Officer shall exercise such powers and perform such functions
as may be assigned to him by the Board.
DELEGATION OF POWERS
16. Delegation of powers, duties and
functions. The Board
may, subject to such conditions and limitations as it may deem fit to impose,
delegate all or any of its powers, duties or functions to the Chairman, the
Chief Executive Officer, a Member, a committee or any officer of the Authority,
as it may deem fit.
CHAPTER VII
THE EXECUTIVE SECRETARY
17. The Executive Secretary.‑(1) There shall be an Executive Secretary
who shall be appointed by the Board on the basis of such qualification and on
such terms and conditions as may be prescribed.
(2) The Executive Secretary shall exercise
all such powers and perform all such functions, as may be assigned to him by
the Board.
(3) The Executive Secretary shall be
responsible for calling the meetings of the Board on the direction of the
Chairman, the Chief Executive Officer or on a requisition by the majority of
the Members, as the case may be.
CHAPTER VIII
ESTABLISHMENT
18. Appointment of employees, etc.‑ (1) The authority may appoint such
employees as it may consider necessary for the efficient performance of its
functions on such terms and conditions as may be prescribed.
(2) All appointments
and promotions in the Authority shall be in accordance with the service rules
and regulations of the Authority.
(3) The Authority may engage experts,
advisers and consultants on contract on such terms and conditions as it may
determine.
19. Conditions of service and disciplinary
powers. The
Authority shall prescribe the procedure for the appointment and removal and
other terms and conditions of service of its employees and shall be competent
to take disciplinary action against its employees.
CHAPTER IX
RESIGNATION AND REMOVAL
20. Resignation.‑ (1) The Chief Executive Officer or
a Member, other than an ex officio Member, may, at any time, resign his office
by writing under his hand addressed to the Chairman, subject to the terms and
conditions of his office.
(2) An employee may, at anytime, resign his
post by writing under his hand addressed to the Chief Executive Officer,
subject to the terms and conditions of his employment.
21. Removal of Member. The Federal Government may, on the
recommendation of the Chairman, at any time, remove any Member, other than an
ex-officio Member, on any one or more of the grounds specified in section 14.
CHAPTER X
FINANCE, AUDIT AND ACCOUNTS
22. Fund.‑(1) There shall be established a Fund vested
in the Authority which shall be utilized by the Authority to meet all such
costs and charges incurred in connection with its functions under this
Ordinance.
(2) The Fund
shall consist of,---
(a) such funds
as the Federal Government may, from time to time, grant to the Authority;
(b) allocations made
by the Federal Government from the Federal Consolidated Fund or any other
financial source available with the Federal Government;
(c) annual grant
(budget) obtained from the Federal Government;
(d) non‑repayable fees,
and income, accruing to it under the law, donation, bequests, endowments,
contributions, and other receipts provided to the Authority by any person,
agency, body, corporate (statutory or otherwise), institution approved by the
Board; and
(e) all other
sums or property which may, in any manner, become payable to or be vested in
the Authority.
23. Expenditure to be charged to the
Fund. The Fund
shall be expended for the purposes of,---
(a) paying any
expenditure lawfully incurred by the Authority or its constituents for the
purposes of this Ordinance; and
(b) repaying any
financial accommodation received or moneys borrowed under this Ordinance and
the profit, return, mark‑up or interest due thereon, howsoever called.
24. Accounts, annual financial report and
audit.‑(1) The
Authority shall maintain proper books of accounts and records on generally
acceptable accounting principles, to explain all its transactions and to give
true and fair view of its state of affairs. The books of accounts relating to a
period of not less than ten years immediately preceding the current year shall
be preserved in good order.
(2) The Chief
Executive Officer shall in consultation with the Board, as soon as may be practicable
after the end of each financial year, cause an annual financial report to be
prepared on the accounts and financial activities of the Authority during that
financial year which shall include a balance sheet of the annual profits and
losses and an account of the annual income and expenditure incurred by the
Authority.
(3) The accounts of the Authority shall be
audited annually by a reputable firm of chartered accountants selected by the
Board and, together with the report of the Auditors thereon, be submitted to
the Board for approval by the 31st December each year.
(4) A copy of the annual financial report
shall be sent to the Chairman and shall also be made available to the general
public.
(5) The audit shall be carried out in
accordance with the professional standards of auditing prescribed by the
Pakistan Institute of Chartered Accountants, and shall issue a report on the
audit.
25. Investment. The Authority may insofar as moneys are not
required to be expended under this Ordinance, make such investments as it may
determine from time to time.
26. Bank accounts. The Authority shall open, maintain and
operate one or more bank accounts in its name with any scheduled bank in
CHAPTER XI
ANNUAL REPORT
27. Annual report.‑(1) The Authority shall prepare, in such
manner and form and at such time each year, as may be prescribed, an Annual
Report which shall include, among others, a comprehensive review of its
performance, the steps taken by the Authority towards the fulfilment of its
aims and objectives and a true and full account of its operations and
activities during the previous year.
(2) The Annual Report
of the Authority shall be prepared under the direction of the Chief Executive
Officer.
(3) The Annual Report shall be presented to
the Board for its approval by the 31st December each year.
(4) After its approval by the Board, a copy
of the Annual Report shall submitted to the Federal Government and it
shall also be made available to the general public.
CHAPTER XII
GENERAL AND MISCELLANEOUS PROVISIONS
28. Limitation of liability. The Authority shall not have any liability
to any financial institution save in accordance with law.
29. Right of recovery as arrears of land
revenue. Subject
to law, the Authority shall be entitled to recover all outstanding amounts due
to it as if they are arrears of land revenue under the Land Revenue Act, 1967
(West Pakistan Act XVII of 1967).
30. Power of the Federal Government to issue
policy guidelines. The
Federal Government may, as and when it considers it necessary, issue guideline
to the Authority on matters of policy, not inconsistent with the provisions of
this Ordinance or any rules made thereunder.
31. Chief Executive Officer, Members,
employees, etc. of the Authority to be public servants. The Chief Executive Officer, Members and
employees of the Authority, when acting or purporting to act in pursuance of
any of the provisions of this Ordinance shall be deemed to be public servants
within the meaning of section 21 of the Pakistan Penal Code, 1860 (Act XLV of
1860).
32.
Indemnity. No
suit, prosecution or other legal proceedings shall lie against the Authority,
the Chairman, the Chief Executive Officer, the Members or employees of the
Authority, in respect of anything done intended or purported to be done orders
passed or proceedings taken by the Authority, in good faith under this
Ordinance or any of the rules or regulations made thereunder.
33. Winding up. No provision of law relating to the winding
up of bodies corporate shall apply to the Authority and the Authority shall not
be wound up except by the orders of the Federal Government in such manner as
the Federal Government may direct.
34. Common seal. The Authority shall have a common seal and
such seal shall be kept in the custody of the Chief Executive Officer or such
other person as may be authorized by the Board. All documents that are required
or permitted to be executed under seal shall be specified and authenticated in
such manner as may be prescribed.
35. Ordinance to override other laws. This Ordinance shall have effect
notwithstanding anything contained in any other law for the time being in
force.
36. Power to make rules.‑(1) The Federal Government may, by
notification in the official Gazette, make rules for carrying out the purposes
and provisions of this Ordinance.
(2) In particular, and without prejudice to
the generality of the foregoing power, such rules may provide for all or any of
the following matters, namely:‑--
(a) administration and
conduct of business of the Authority;
(b) conduct of
business at the meetings of the Board and the Committees;
(c) constitution of
the Committees;
(d) Finance,
audit and accounts of the Authority;
(e) employment and
service matters of the Authority;
(f) control,
restrictions and conditions subject to which the Authority may appoint
employees;
(g) terms and conditions of service of the Chairman, Members and
the Chief Executive Officer;
(h) terms
and conditions of service of the employees of the Authority;
(i) powers,
duties and functions of the Chairman and Chief Executive Officer;
(j) conditions
under which the Board may enter into arrangements with other institutions and
organizations, whether public, private, government owned or autonomous bodies;
(k) manner
in which the accounts of the Authority shall be maintained;
(l) manner
in which the Authority may invest its money;
(m) manner,
form and time in which the annual statement of accounts and annual report shall
be prepared; and
(n) any
other matter which is to be, or may be prescribed or in respect of which
provision is to be, or may be made, by the rules.
37. Power to make regulations.‑(1) The Board may, by notification in the
official Gazette, make regulations, not inconsistent with the rules, to provide
for all matters for which provision is necessary or expedient for carrying out
the purposes and provisions of this Ordinance.
(2) In particular, and without prejudice to
the generality of the foregoing power, such regulations may provide for all or
any of the following matters, namely:‑--
(a) time
and place of the meetings of the Board and the Committees and the procedure to
be followed at such meetings;
(b) manner
in which and the purpose for which persons may be co‑opted by the
Authority;
(c) recruitment,
selection and the terms and conditions of service of the employees;
(d) recruitment, selection and the terms and conditions of service
of the Executive Secretary;
(e) duties,
conduct and functions of the employees;
(f) conduct and
discipline of the employees;
(g) constitution and
management of provident or other funds for the employees;
(h) preparation of
annual estimates of income and expenditure, profit and loss and supplementary
estimates;
(i) annual report;
(j) manner
in which payments are to be made by or on behalf of the Authority and the
officers by whom orders for making deposits or investments for withdrawals or
any other disposal of the income or fund of the Authority shall be
authenticated, made or signed;
(k) custody and
use of the common seal of the Authority;
(l) efficient conduct
and expeditious disposal of the affairs of the Authority generally; and
(m) any other
matter which is to be, or may be prescribed or in respect of which provision is
to be, or may be made, by the regulations.
38. Removal of difficulties. If any difficulty arises in giving effect to
any provision of this Ordinance, the Federal Government may, by notification
published in the Gazette, make such provisions, not inconsistent with the
provisions of this Ordinance, as may appear to it to be appropriate or
necessary for the purpose of removing such a difficulty.
39. Savings.‑ Upon the commencement of this
Ordinance,‑--
(a) all
funds, moneys, properties, rights and interests of whatever kind, issued, used,
enjoyed, possessed owned or vested in the Small and Medium Enterprises
Development Authority in existence immediately before such commencement and all
liabilities legally subsisting against the said Small and Medium
Enterprises Development Authority shall pass on to the Authority as established
under this Ordinance;
(b) everything
done, action taken, obligations and liabilities incurred, persons appointed or
authorized and orders issued prior to such commencement shall be continued and
be deemed to have been done, taken, incurred, appointed or authorized,
instituted or issued by the Authority; and
(c) all
acts, deeds and thing done, orders passed, decisions taken, directions issued
in pursuance of the Federal Government”s Notification No. 5(20) E&FI/98,
dated the 13th October,1998, shall be deemed to have been done,
passed, taken or issued under this Ordinance.
40. Repeal. The Federal Government”s Notification No.
5(20) E&FI/98, dated the 13th October, 1998, is hereby repealed.
Go to Index
| LL. B. – I | LL. B. – II
| LL. B. – III | LL. B.
Directory | Home