Updated: Saturday October 15, 2016/AsSabt
Muharram 14, 1438/Sanivara
Asvina 23, 1938, at 12:25:39 AM
The Trade Development Authority of
ACT No. III OF 2012
An Act to provide for establishment of
the Trade Development Authority of Pakistan.
WHEREAS it is expedient to provide for
the development and promotion of exports of
AND WHEREAS there is a need to provide
a dedicated effective and empowered organization within the Ministry of
Commerce responsible and accountable for maximization of exports;
AND WHEREAS there is a need to provide
effective support and structured interaction with stakeholders in formulation
of consistent, practical and effective trade policies, regulations and trade
development initiatives;
AND WHEREAS there is a need for
establishing greater clarity of institutional arrangements and linkages for
purposes of policy formulation and the development of initiatives and
implementation thereof amongst the Ministry of Commerce, trade development
organizations and the private sector;
It is enacted as follows:---
CHAPTER-I
PRELIMINARY
1. Short title, extent and
commencement.—(1) This Act may be
called the Trade Development Authority of Pakistan Act, 2013.
(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) “Authority”
means the Trade Development Authority of Pakistan established under Section 3;
(b) “Board”
means the Trade Development Authority of Pakistan Board established under
Section 12;
(c) “Chairman”
means the Chairman of the Board;
(d) “Chief
Executive” means the Chief Executive of the Authority appointed under Section
5;
(e) “civil
servant” means a civil servant as defined in the Civil Servants Act, 1973 (LXX1
of 1973);
(f) “Commerce
and Trade Group” means the Commerce and Trade Group created under the
Administrative Reforms of 1973 vide Establishment Division's O.M.
No.6/2/75-ARC, dated the 8th May, 1975;
(g) “Commerce
and Trade Group officer” means civil servant belonging to the Commerce and
Trade Group of the civil service of
(h) “committee” means a committee of the Board
constituted under Section 15;
(i) “critical
success factors” means factors which are critical to the achievement of the
performance desired by the Authority;
(j) “Directors-General”
means the Directors General of the Authority;
(k) “EMDF”
means Export Marketing Development Fund established through Resolution No.
P5(5)/65, dated the 22nd January, 1966;
(l) “EMDF
Board” means the EMDF Board set up under Resolution No. P5(5)/65, dated the
22nd January, 1966;
(m) “employee”
means any officer or servant of the Authority;
(n) “Executive
Committee” means Executive Committee of the Board formed under sub-section (8)
of Section 12;
(o) “exporter”
means any individual or entity exporting goods or services;
(p) “Export
Promotion Bureau” means the Export Promotion Bureau established vide Ministry
of Commerce Order No. 28(19)-CEI/63, dated the 14th December, 1963;
(q) “Fund”
means the fund established under Section 23;
(r) “key
performance indicators” means indicators that serve to measure performance of
the Authority;(s) “member” means a member of the Board;
(t) “prescribed”
means prescribed by rules or regulations;
(u) “private
sector person” means a person who is not in the service of Pakistan or of any
statutory body or any body which is owned or controlled by the Federal
Government or a Provincial Government including an officer of Chambers of
Commerce and Industry and other trade bodies, a university or an educational
institution;
(v) “regulations”
means the regulations made under this Act;
(w) “resolution” means the EMDF Resolution No.P5(5)/65,
dated the 22nd January, 1966;
(x) “rules” means the
rules made under this Act;
(y) “Secretary” means the
Secretary of the Authority appointed under Section 6;
(z) “sectoral” means the
sectoral board; and
(za) “supply chain
management” means all activities, policies, and regulations etc. undertaken by
the public or private sectors that impact upon production of goods and the
provision of services for exports and imports which shall include but not be
limited to, the sourcing of materials, production, logistics, infrastructure,
financing, human resources, productivity, technology, environment and up to the
delivery of finished goods to the port of destination.
4.
Regional offices of the Authority.—The Authority may, with prior approval of
the Board, establish and close down its offices at such places in
5.
Chief Executive.—(1) There shall be a Chief Executive of the Authority
who shall be appointed by the Federal Government.
(2) The
tenure of the Chief Executive shall be three years extendable by the Federal
Government. The Chief Executive shall, however, serve at the pleasure of the
Federal Government.
(3) The
Chief Executive shall be a person of high integrity, in full time employment of
the Authority and shall have relevant professional qualifications, relating to
domestic and international trade, expertise, experience and knowledge of local
and international markets and with a successful track record.
(4) The
Chief Executive shall be the principal accounting officer and shall, together
with the Secretary, Directors General and any other officer nominated by the
Board, be responsible for the management of all affairs of the Authority and
achievement of desired objectives. Subject to the rules made by the Authority,
the Chief Executive shall be assisted by other sub-ordinate officers and
servants in carrying out the functions of the Authority. The Chief Executive
shall report to the Board on all matters including those delegated by him to
the sub-ordinate officers in the Authority.
(5) The
Chief Executive shall be paid such remuneration as may be prescribed by the
Federal Government.
6.
Secretary.—(1) There shall be a Secretary of the Authority in
BPS-21 or above of the services of the Federation who shall be appointed by the
Federal Government.
(2) The
Secretary shall report to the Chief Executive. The Chief Executive and
Secretary shall, together with the Directors General and any other officer
nominated by the Chief Executive, be responsible for the day to day
implementation of the approved plans diligently, timely and effectively.
Subject to the regulations made by the Board, the Secretary shall be assisted
by other sub-ordinate officers and servants in carrying out the functions of
the Authority.
(3) The
salary, allowances, privileges and other facilities of the Secretary shall be
prescribed by rules.
(4) The
Secretary shall provide all secretarial services to the Board.
(5)
Annual confidential report of the Secretary shall be initiated by the Chief
Executive and countersigning authority shall be the Minister for Commerce.
7.
Working relationship between Chief Executive and Secretary.—In case of a
disagreement between the Chief Executive and the Secretary on a matter of
policy or an individual issue, the Secretary shall have recourse to submit the
matter to the Chairman of the Board initially via the Chief Executive, and in
the final resort, directly if the Chief Executive, does not refer the case to
the Chairman of the Board.
8.
Human resources of the Authority.—(1) The human resources of the Authority shall
comprise the following, namely:---
(a) Commerce and Trade
Group officers posted against their encadred posts;
(b) contract employees
paid from regular budget of the erstwhile Export Promotion Bureau;
(c) contract employees paid
from the EMDF in the erstwhile Export Promotion Bureau;
(d) Government officers on
deputation; and
(e) employees in BPS-01 to
16 paid from regular budget of erstwhile Export Promotion Bureau who continue
to remain civil servants.
(2)
Notwithstanding anything contained in any law, for the time being in force, any
rule or regulation or administrative order or other provisions of this Act, all
posts of Commerce and Trade Group presently in the Export Promotion Bureau
shall stand transferred to and encadred in the Authority alongwith their legal
and financial implications. The Authority may recommend to the competent
authority to take disciplinary action against any such employee.
(3) The
terms and conditions of service of any person referred to in sub-section (2)
shall not be varied by the Authority to his dis-advantage.
(4) The
Ministry of Commerce shall continue to be the administrative Ministry for the Commerce
and Trade Group. Matters relating to postings and transfers of officers
belonging to Commerce and Trade Group in the Authority shall be made in
consultation with the Authority.
(5) The
Authority may, from time to time, employ persons to be employees of the
Authority who shall be paid such market based remuneration and allowances in
accordance with rules and regulations approved by the Board. These employees of
the Authority shall hold office during the pleasure of the Authority and shall
be liable to disciplinary action in accordance with the rules made hereunder.
(6)
Posting of all Government servants in BPS-17 and above, in or out of the
Authority, shall be made after consultation with the Chief Executive, who shall
have the right to recommend surrender of those officers back to the Federal
Government.
9.
Appointment of advisers, consultants and service providers.—(1) Subject to
sub-section (2), the Authority may, with prior approval of the Board, employ
consultants, agents, technical, professional advisers and service providers,
within or outside Pakistan, including, advertising agents, event managers,
designers, business representatives, public relations persons, architects,
bankers, surveyors, valuers, accountants, lawyers and persons in the field of
information technology, communications, software and hardware to transact any
business or to do any act required to be transacted or done in the exercise of
its powers and in the performance of its functions or, for the better
achievement of the purpose of this Act.
(2) Any
decision of the Authority to employ advisers, consultants and service providers
shall be made exclusively and transparently by the Authority in accordance with
such policy guidelines as the Board may issue from time to time.
10.
Delegation of the Authority's functions or powers.—(1) The Authority may,
subject to such conditions and limitations as the Board may deem fit to impose,
delegate any of its functions or powers to one or more of any officer of the
Authority.
(2) The
delegation of powers under this section shall not diminish the responsibility
or prevent the concurrent performance or exercise by the Authority of the
functions or powers so delegated.
11.
Authority to furnish information.—The Authority shall furnish, through Ministry
of Commerce, to the Federal Government, a Provincial Government or the Board,
such information with respect to implementation of any policy it is pursuing or
proposes to pursue in the performance of any of its functions under this Act as
the Federal Government or the Board may, from time to time, require.
CHAPTER-III
THE BOARD
12.
Management.—(1) The general direction and administration of the
Authority and its affairs shall vest in the Board.
(2) The
Federal Government shall establish a Board consisting of the following members,
namely:---
(a)
Federal Minister of Commerce Chairman
(b) Chief Executive of
the Authority Vice-Chairman
(c) Secretary, Ministry
of Commerce Member
(d) Secretary, Ministry
of Finance Member
(e) Secretary, Ministry
of Industries Member
(f) Secretary, Ministry
of Production Member
(g) Secretary, Ministry
of Textile Industry Member
(h) Secretary, Board of
Investment Member
(i) President of the
Federation of
(j) One member each, to
be appointed by the Federal Government in consultation with the Board, from the
following private sectors, namely:---
i.leather and leather garments; Member
ii.textile; Member
iii value added textiles; Member
iv.rice; and Member
v.agriculture. Member
(k) One member each
from the members of Standing Committees of the National Assembly and the Senate
on Commerce. Member
(3) The
Federal Government may, by notification in the official Gazette, increase or
decrease the number of members of the Board and prescribe the qualification and
mode of appointment of such members in such manner as it may consider
necessary. The Federal Government shall have the power to appoint or remove any
member of the Board as may be prescribed.
(4) The
Secretary shall serve as the secretary of the Board.
(5) A
Member, not being an ex-officio member, shall hold office for a term of
three years and shall be eligible for another term of three years, provided
that a member who is a retired public servant shall cease to hold office on
attaining the age of sixty-five years.
(6) A
non-official ex-officio member shall hold office as member till such
time as he holds the office by virtue of which he is a member and upon his
transfer, retirement, resignation or removal from office, the person appointed
in place of such member shall hold office for the remaining term of that
member.
(7) If
an official ex-officio member 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 equivalent to attend the meeting and take decisions on
behalf of the member. A non-official ex-officio member may authorize his vice
chairman or equivalent for the purpose in a similar situation.
(8) The
Board shall form an Executive Committee consisting of the following,
members:---
(a) Chief Executive of
the Authority Chairman
(b) Secretary, Ministry
of Finance Member
(c) President of the
Federation of
(d) three other members
of the Board who shall be from private sector Member
(9) The
Executive Committee shall be headed by the Chairman of the Board. The Board
may, from time to time, delegate or withdraw any or all of its powers to the
Executive Committee, which may take decisions on behalf of the Board. The Board
may change the composition of this Executive Committee as and when required.
13.
Meetings of the Board.—(1) The Chairman shall call the meetings of the
Board, which shall meet as often as may be necessary for the performance of its
functions, but not less than once every three months.
(2) The
quorum for a meeting of the Board shall be the presence of at feast four
official ex-officio members including the Chairman and three members
from private sector. If the quorum is not present at a meeting, the Chairman
shall postpone the meeting and convene a new meeting within two weeks and give
notice of the date, time and place of the meeting and in such meeting the
Chairman may take decisions oven if the quorum is not complete.
(3) The
decisions of the Board shall be taken by the majority of its members present.
In case of a tie, the Chairman or, in his absence, the person chairing the
meeting shall have a casting vole.
(4) Any
business, which may be necessary for the Board to transact urgently and decided
by the Chairman, may be carried out by circulation among all its members and
any proposal so circulated and approved by the majority of the members shall
require the approval of the Chairman.
(5)
Subject to the provisions of this Act, the procedure and conduct of business of
the Board shall be regulated by the regulations made by the Board.
14.
Board may invite others to meetings.—The Secretary of the Board may, with the
approval of the Chairman, invite any person to attend any of its meetings or deliberations
including any of its committees for the purpose of advising it on any matter
under discussion but any person so attending shall have no right to participate
in any decision or vote at the meeting or deliberations.
15.
Committees of the Board.—(1) Subject to sub-section (2), the Chairman may
constitute such number of committees of the Board as it considers necessary or
expedient to assist it in the performance of its functions under this Act.
(2) Any
committee constituted under sub-section (1) shall act in accordance with the
regulations made by the Board and shall include at least one officer of the
Authority nominated by the Chief Executive or in his absence by the Secretary.
CHAPTER—IV
CONFLICT OF INTEREST
16.
Disclosure of interest by members.—(1) A person shall be deemed to have an
interest in a matter if he has any interest, pecuniary or otherwise, in such
matter which could reasonably be regarded as giving rise to a conflict between
his duty to honestly perform his functions under this Act and such interest, so
that his ability to consider and decide any question impartially or to give any
advice without bias, may reasonably be regarded as impaired.
(2) A
person having any interest in any matter to be discussed or decided by the
Authority or the Board or a committee shall, prior to any discussion of the
matter, disclose in writing to the Authority, the Board or a committee, as the
case may be, the fact of his interest and the nature thereof.
(3) A
disclosure of interest under sub-section (2) shall be recorded in the minutes
of the Authority, the Board, or a committee, as the case may be, prior to any
discussion of, or decision on, the matter.
(4)
Where a member discloses his interest,---
(a) he shall not, save as
provided in sub-sections (7), (8) and (9), take part nor be present in any
deliberations or decisions of the Authority, the Board or a committee, as the
case may be; and
(b) he shall be
disregarded for the purpose of constitution, of a quorum of the Board, the
Authority or a committee, as the case may be.
(5) Any
member or the member of a committee who fails to disclose his interest as
required by this section shall, on proof of such act as may be prescribed, be
liable to removal from the Board or the committee, as the case may be.
(6) It
shall be a valid defence for a person charged with the allegation of failure to
disclose his interest under sub-section (5), if he proves that he was not aware
of the facts constituting such allegation and that he exercised due care and
diligence in discovering the facts which he ought reasonably to have known in
the circumstances.
(7)
Every member shall give written notice to the Authority of all direct or
indirect pecuniary interests that he has or acquires in a body corporate
carrying on a business in
(8) If a
member is not the Chairman and the Chairman becomes aware that a member has an
interest, the Chairman shall,---
(a) consider that the
member should not take part or continue to take part, as the case may require,
in determining the matter and direct the member accordingly; or
(b) in any other case,
cause the member's interest to be disclosed to the persons concerned in the matter
including any person whose application is pending decision or adjudication by
the Authority.
(9) The
member in respect of whom a direction has been given under clause (a) of
sub-section (8) shall comply with the direction.
(10) In
case the member is the chairman of a committee, he shall disclose his interest
to the Chairman who shall decide the matter as may be prescribed by regulations
made by the Board.
(11)
Subject to sub-section (8), the Chairman or the member or chairman of a
committee who has any interest in any matter referred to in this section shall
not take part or continue to take part as the case may require in determining
the matter.
17.
Disclosure of interest by others.—(1) Where a person who, in the course
of,---
(a) performing a function
or exercising a power, as a delegatee of the Board;
(b) performing functions or
service as an employee of the Authority; or
(c) performing a function
or services in any capacity by way of assisting or advising the Authority, the
Board, any Committee or any delegate of the Authority,
is required to consider
a matter in which he has an interest, such person shall forthwith give to the
Authority a written notice stating his interest in the matter and setting out
particulars of the interest.
(2) The
person referred to in sub-section (1) shall also declare his interest in
accordance with that sub-section whenever it is necessary to avoid the conflict
of interest.
(3)
Where a person discloses his interest in the matter under this section, the
Authority shall decide the matter as may be prescribed by regulations made by
the Board.
CHAPTER-V
DISQUALIFICATION,
REMOVAL, RESIGNATION AND VACANCIES
18.
Disqualification of members.—No person shall be appointed or continue as a member
if he,---
(a) has been convicted of an
offence involving moral turpitude;
(b) has been or is
adjudged insolvent;
(c) is incapable of
discharging his duties by reasons of physical, physiological or, mental
unfitness and has been so declared by a duly constituted medical board
appointed by the Federal Government;
(d) being a member, absents
himself from three consecutive meetings of the Board, without leave of the
Board and in the case of a non-official ex-officio or an ex-officio
member, fails to appoint another person to act as member under sub-sections (6)
and (7) of Section 12, as the case may be; or
(e) fails to disclose any
conflict of interest at or within the time provided for such disclosure by or
under this Act or contravenes any of the provisions of this Act pertaining to
un-authorized disclosure of information.
19.
Removal, resignation and vacancies.—(1) Subject to sub-section (2), appointment
of any member may, at any time, be revoked and he may be removed from his
office by order of the Federal Government if it is found that such person
stands disqualified under Section 18.
(2)
Unless a disqualification referred to in Section 18 arises from the judgment or
order of a court or tribunal of competent jurisdiction under any relevant
provision of applicable law, a member shall not be removed or his appointment
revoked without an enquiry by an impartial person or body of persons
constituted in accordance with such procedure, as may be prescribed by rules
made by the Board in case of a member and such rules shall provide for a
reasonable opportunity for him to be heard in his defence.
(3) A
member from private sector may at any time resign his office by a written
notice addressed to the Federal Government through the Board.
(4) The
office of a member shall ipso facto be vacated if he dies.
CHAPTER—VI
POWERS AND FUNCTIONS
20.
Powers and functions of the Board.—(1) The Board shall be the supreme decision
making body of the Authority having the power to supervise, control, direct and
regulate affairs of the Authority and shall have the following functions,
namely:---
(a) to establish short,
medium and long term critical success factors and key performance indicators
for the Authority;
(b) to review performance
of the Authority annually including against pre agreed critical success factors
and key performance indicators;
(c) to advise the Federal
Government in the Ministry of Commerce;
(d) to consider and
approve with or without modification any rules and regulations proposed to be
made by the Authority under this Act;
(e) to consider and approve
with or without modification the budget for each financial year of the
Authority and approve expenditure therefrom;
(f) to express its opinion
in writing on any policy matter referred to it by the Federal Government or the
Authority; and
(g) to exercise all such
powers and perform all such functions as are conferred or assigned to it under
this Act.
(2) All
policy decisions, including any change in previously established policy, in
respect of all and any matters within the jurisdiction of the Authority shall be
made only by the Board. The Board may also adopt policy recommendations of the
Authority with or without modifications as the Board may deem fit in its sole
discretion.
(3) The
Board shall have the authority to delegate any of its powers to Chief Executive.
(4) The
Authority shall be the secretariat of the Board.
21.
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 Act.
(2) The
Authority may, having regard to its functions and to exercise its powers
efficiently, organize itself into divisions, departments or such other
sub-divisions as it may consider expedient, with the approval of the Board.
(3) The
Authority may, having regard to its functions and to pursue the purposes of
this Act efficiently, appoint and notify any committees, bodies, form entities
etc. consisting of employees, persons of private sector or Government.
(4) The Authority may, from time to time, identify
matters suggesting to the Board to make policy decisions and may also make
recommendations regarding policy to the Board for its consideration, provided
that any matter referred to the Board by the Authority shall require prior
approval of the Chief Executive, except in the case where the Chairman makes
such a reference.
(5)
Without prejudice to the generality of the foregoing provisions of this
section, the Authority shall perform the following functions, namely:---
(i) to recommend to the
Board a national policy for maximizing exports from Pakistan of goods and
services and after approval of the Federal Government to develop strategy and
plans within the policy frame work given by the Board;
(ii) to develop a
consistent, sustainable and result oriented, holistic export development plan,
outlining vision, objectives, strategies and plans as approved by the Board;
(iii) to achieve synergy in
development of exports at a national level by forging effective liaison with
private and public stakeholders and avoiding duplication of efforts;
(iv) to encourage and
promote research in trade and policy related studies that may facilitate in
formulating an effective export policy and plans;
(v) to plan and organize
exhibitions and delegations to and from
(vi) to plan and organize
local, international and inter-provincial export promotional conferences,
workshops, seminars etc.;
(vii) to plan and organize
foreign trade promotion through advertising in local, and international print,
electronic and other appropriate media;
(viii) to liaise with trade
bodies abroad;
(ix) to encourage and
reward leading exporters from
(x) to promote export of
sectors where separate sectoral boards or bodies currently exist or will be
formed in the future, notwithstanding anything contained in any other law for
the time being in force;
(xi) to examine supply
chains of strategic export sectors and develop plans and initiatives for
strengthening supply base including exporters' capabilities and capacities;
(xii) to sensitise and
co-ordinate through Ministry of Commerce, with concerned Ministries, Divisions
and Departments, for the development of sectoral road maps;
(xiii) to monitor progress
against these plans for information of the Board;
(xiv) to co-ordinate through
Ministry of Commerce, with the Federal and Provincial Governments and related
organizations, for a concerted supply chain initiative;
(xv) to provide visa
assistance to outgoing or incoming businessmen, whether Pakistani or foreign
nationals, in co-ordination with the Ministry of Foreign Affairs and foreign
missions in
(xvi) to encourage,
establish and manage where appropriate export development centers, business
support units, display centers and facilities and information centers and
exporters' training institutes etc.;
(xvii) to promote exporters
and stakeholders' education and training of intermediaries of export related supply
chain;
(xviii) to encourage organized
development of export business and related corporate and commercial sectors in
(xix) to facilitate
availability of finance to exporters, export oriented small and medium
enterprises, risk management of exporters and international buyers, energy and
infrastructure needs of exporters and related industrial areas and zones,
quality management, social, environmental and security needs and generally all
aspects of export facilitation etc.;
(xx) to encourage and
promote human resource development in the export sectors;
(xxi) to encourage and
promote and train new exporters;
(xxii) to promote export
skill development initiatives and related matters including training
initiatives and institutes;
(xxiii) to co-ordinate,
through Ministry of Commerce, with Federal and Provincial Governments agencies
and organizations with a view to achieving synergies thereby minimizing
duplication of effort;
(xxiv) to pursue with
respective stakeholders the development of policies, regulations and standards
for the export of goods and services;
(xxv) to provide advisory
support to stakeholders;
(xxvi) to be responsible for
all matters related to trade development and promotion by commercial officers
posted in Pakistani missions abroad. This shall include the training, trade
targets, monitoring and performance evaluation against these trade targets. The
Chief Executive of the Authority shall be a member of the committee for
selection of the commercial officers to be posted abroad;
(xxvii) to prepare and seek
Board's approval of the annual budget;
(xxviii) to manage funds
available to the Authority in accordance with rules and regulations approved by
the Board;
(xxix) to make rules for
conduct of the Authority with approval of the Board including rules for the
management of—
(a) human resources,
including appointments, remuneration, appraisals, resignations, allowances,
incentives etc. of all employees;
(b) incomes and expenses;
(c) procurement of goods
and services;
(d) administrative and
financial authority policies and delegation thereof; and
(e) employee welfare funds
and initiatives;
(xxx) to have the
administrative control of warehouses and other trade development entities owned
by the Authority in
(xxxi) to establish its own
stationery and supplies and printing source independent of the Printing
Corporation of
(xxxii) to export archives of
the Authority;
(xxxiii) to use the training
institutions, corporate entities and facilities etc. established by the Authority
for export development purposes;
(xxxiv) to secure custody and
preservation of all documents submitted to and emanating from the Authority;
(xxxv) to set up national,
Provincial and sectoral trade committees;
(xxxvi) to implement
directives of the Federal Government and the Board relating to export
development and promotion;
(xxxvii) to prepare annual
report of the Authority;
(xxxviii) to consider other
matters referred to the Authority by the Federal, a Provincial Government, a
Division or a Department;
(xxxix) to consider and
suggest reforms of the laws, rules and regulations relating to exports;
(xl) to perform such
functions and exercise such powers under this Act or any other law for the time
being in force as may, after the commencement of this Act, be delegated to it
by the Federal Government and exercising any power or performing any functions
conferred on it by or under any other law for the time being in force;
(xli) to inculcate a quality
assured ethic in exporters while encouraging value addition of exports;
(xlii) to take initiatives for
maintaining facilities etc. to improve the performance of exporters in the
interest of generating economic activity, reducing cost of doing business and
enhancing supply chain efficiency;
(xliii) to maintain the
confidence of exporters by appropriate communications;
(xliv) to receive, process
and store, efficiently and quickly, the documents lodged with, and the
information given to, it under this Act;
(xlv) to ensure that the
documents and information referred to in clause (xiiv) are available as soon as
possible for access by the public;
(xlvi) to improve existing
methods and devise new options for the expeditious settlement of claims and
disputes between exporters and their buyers;
(xlvii) to promote establishment
and development of professional, educational and training organizations
connected with exports with a view to improving the management of export
business; and
(xlviii) to promote awareness
among exporters and buyers and all relevant stakeholders with respect the
benefits of exports and services of the Authority and general policies of the
Federal Government.
22.
Supplementary provisions.—(1) All guidelines, decisions and directives whether
of the Board or the Authority shall be in writing expressed by resolutions,
orders or in such other form as may be appropriate in the circumstances and
shall be authenticated in the manner prescribed by the regulations and where so
provided by regulations, also sealed with the seal of the Authority.
(2) All
policy decisions and directives of the Board and the Authority respectively
shall be published and the Board and the Authority shall make such publications
available to the public.
(3) The
Authority shall, in adjudicating upon the rights of any person whose application
on any matter it is required to consider in the exercise of any power or
function under this Act, give the reasons for its decision after giving the
person right of being heard.
CHAPTER—VII
FINANCE
23.
Fund.—(1) For the purpose of this Act, a non-lapsable Fund is, hereby,
established which shall be administered and controlled by the Authority.
(2) The
Fund shall consist of,---
(a) such sums as the
Federal Government may from time to time grant through non-lapsable regular
budget;
(b) grants of money and
sums borrowed or raised by the Authority for the purposes of meeting any of its
obligations or discharging any of its duties;
(c) fees including fees
received from parties for participation in international trade fairs and
exhibitions as well as the booking of halls in Karachi Expo Centre for holding
fairs, exhibitions, seminars and conferences etc,
(d) penalties or other
charges levied or collected by the Authority; and
(e) all other sums or
property which may, in any manner, become payable to or vested in the Authority
in respect of any matter incidental to the exercise of its functions and
powers.
(3) The regular budget
of defunct Export Promotion Bureau alongwith the EMDF, shall vest in the Board
which may approve release to the Authority.
(4) All expenditure
shall be incurred in accordance with financial and administrative rules and
regulations, approved by the Board.
(5) The Authority may
open and operate one account in Pak Rupees and one account in foreign currency
in any scheduled bank.
24. Budget.—The Authority shall, in
respect of each financial year, prepare its own budget and submit it after
obtaining approval from the Board to the Federal Government, through the
Ministry of Commerce, at least four months, before the commencement of every financial
year.
25. Expenditure to
be charged on the Fund.—(1) The Fund shall be expended for the purpose of,---
(a) paying any expenditure
lawfully incurred by the Authority, including but not limited to the
remuneration, in cash or kind, of the Chief Executive, Secretary and
Director-Generals and all employees appointed and employed by the Authority
including performance bonuses, provident fund contributions, super-annuaing
allowances or gratuities and legal fees and costs and all other fees, expenses
and costs;
(b) paying any other
expenses, costs or expenditure properly incurred or accepted by the Authority
in the performance of its functions or the exercise of its powers under this
Act;
(c) purchasing or hiring
equipment, hiring of premises, machinery and any other materials, acquiring
land and erecting buildings and carrying out any other work and undertakings in
the performance of its functions or the exercise of its powers under this Act;
(d) repaying any financial
accommodation received or moneys borrowed under this Act and the profit,
return, mark-up or interest due thereon, howsoever called; and
(e) generally, paying any
expenses for carrying into effect the provisions of this Act.
(2) Within one hundred
and twenty days of its establishment, the Authority shall prepare and submit to
the Board for its approval, a budget for the period up to and including the end
of the then current financial year and thereafter it shall, not later than
thirty days, before the expiry of each financial year, submit to the Board for
approval a budget for the next financial year.
(3) Subject to
sub-section (4), no expenditure shall be made for which provision has not been
made in any approved budget except if made from any previously approved funds,
unless further approval is sought and obtained from the Board.
(4) The Authority may
transfer funds, with approval of the Board, from one head of account to the
other but the total expenditure shall not exceed the total approved Budget. In
exceptional cases a maximum of ten per cent of total budgeted expenditure may
be exceeded with the prior approval of the Board.
(5) The Authority shall
act as the secretariat of the Board and provide all the necessary facilities to
enable the Board to exercise its powers and perform its functions under this
Act and the necessary and proper expenses in that connection shall form part of
the budget of the Authority.
26. Accounts and
audit.—(1) The Authority shall maintain complete and accurate books of
accounts of its actual expenses and receipts in such form as the Federal
Government may after consultation with the Controller General of Accounts,
direct.
(2) The Authority shall
also maintain its balance sheet, statement of income and expenditures account
and statement of sources and application of funds with explanatory notes to the
accounts, in accordance with international accounting standards and other
standards as notified by the Federal Government for this purpose.
(3) The Authority shall
cause to be carried out audit of its accounts by the Auditor General of
(4) Notwithstanding the
audit provided in sub-section (3), the Auditor-General of
(5) The Authority shall
cause proper accounts to be kept and shall as soon as practicable after the end
of each financial year cause to be prepared for that financial year a statement
of accounts of the Authority which shall include a balance sheet and an account
of income and expenditure.
(6) The auditors shall
make a report to the Authority, upon the annual balance sheet and accounts, and
in any such report they shall state whether in their opinion the balance sheet
is a full and fair balance sheet containing all necessary particulars and
properly drawn up so as to exhibit a true and correct view of the affairs of
the Authority and, in case they have called for any explanation or information
from the Authority, whether it has been given and whether it is satisfactory.
(7) The Authority
shall, within one hundred and twenty days of the close of each financial year,
submit to the Board for approval an annual report of the Authority alongwith
the report of Auditor General of
27. Power to obtain
finance, borrow money and receive grants.—(1) The Authority may,
from time to time and with the approval of the Federal Government, obtain
finance or borrow money from sources within Pakistan or from abroad, as the
case may be, with such rate of return, profit, mark-up or interest payable
thereon, as the case may be, and for such period and upon such terms as to the
time and method of repayment and otherwise, in respect of any sums required by
the Authority for meeting any of its obligations or performing any of its
functions.
(2) The Authority may
also accept, with the approval of the Federal Government, grants, aid, loans
etc. from entities both domestic and international, including multilateral
agencies.
28. Investment.—(1) Subject to
sub-section (2), the Authority may, in so far as its moneys are not required to
be expended under this Act, invest in such manner as the Authority considers
appropriate.
(2) The Authority may
invest its money in listed securities or any derivative thereof subject to
approval of the Board.
29. Bank accounts.—The Authority may
open and maintain its accounts in rupees or in any foreign currency at such
scheduled banks as it may from time to time determine.
CHAPTER—VIII
GENERAL
30. Common seal.—The Authority shall
have a common seal and such seal shall be kept in the custody of the Chief
Executive or such other person as may be authorized by regulations made by the
Authority. Documents required or permitted to be executed under seal shall be
specified in and authenticated in such manner as shall be authorized by
regulations made by the Authority with approval of the Board.
31. Public
servants.—(1) The members, employees and other persons
authorized to perform or exercise any function or power under this Act or
rendering services to Authority as consultant or adviser shall be deemed to be
employees of the Authority and their terms of employment shall be strictly
governed by the regulations made by the Authority and shall be deemed to be
public servants within the meaning of Section 21 of the Pakistan Penal Code (Act
XLV of 1860).
32.
Appeal to the Appellate Bench of the Board.—(1) There shall be an
Appellate Bench to hear and adjudicate appeals against the decisions of the
Authority.
(2) The
Appellate Bench shall consist of not less than three members of the Board who
shall be appointed by the Federal Government and the decision of the Appellate
Bench shall be expressed in terms of the opinion of the majority.
(3) Any
person aggrieved by the decision of the Authority, may within thirty days of
the decision prefer appeal to the Appellate Bench.
(4) Any
person aggrieved by the decision of the Appellate Bench may within thirty days
of the order or decision, prefer appeal to the Federal Government whose
decision shall be final.
33.
Indemnity.—No suit, prosecution or other legal proceeding shall
lie against the Federal Government or any Provincial Government or local
authority or any other person exercising any power or performing any function
under this Act or for anything which is in good faith done or intended to be done
under this Act.
34.
Power of the Federal Government to issue directives.— The Federal Government
may, as and when necessary, issue directives to the Authority on matters of
policy and such directives shall be binding on the Authority and if a question
arises as to whether any matter is a matter of policy, the decision of the
Federal Government shall be final.
35.
Power to make rules.—The Authority may, with approval of the Federal
Government in the Ministry of Commerce by notification in the official Gazette,
make rules for the purpose of this Act.
36.
Power to make regulations.—The Board may, by notification in the official
Gazelle, make regulations, not inconsistent with the provisions of this Act and
rules, for carrying out the purposes of this Act.
37.
Dissolution of the Export Promotion Bureau.—The Export Promotion
Bureau is hereby dissolved and at all times thereafter,---
(a) all powers exercisable
by the Federal Government under any provisions of any law, order, resolution
for the time being in force which immediately before the commencement of this
Act, having been delegated to Export Promotion Bureau, shall be exercisable by
the Authority;
(b) all assets, rights,
including intellectual property, powers, authorities and privileges and all
property, movable and immovable, cash and bank balance, reserve funds,
investments and all other interests and rights in or arising out of such
property and all debts, liabilities and obligations of whatever kind of the
Export Promotion Bureau subsisting immediately before its dissolution shall
stand transferred to and vest in the Authority;
(c) in any other law,
rules or regulations of Federal Government or the Provincial Government or
trade bodies of Pakistan reference to the expression “Export Promotion
Bureau” shall be construed to be a reference to the “Trade Development
Authority of Pakistan” from the commencement of this Act;
(d) all persons currently
employed by the Export Promotion Bureau in BPS 1 to 16, whether from regular
budget or contract employees paid from regular budget, and contract employees
paid from EMDF, shall be given an option to join the Authority;
(e) for the service
rendered in the Export Promotion Bureau such person referred to in clause (d)
who joins the Authority as its permanent employee, shall be entitled to such
benefits including the transfer of benefits to the Authority as may be
prescribed by rules;
(f) in the event if such a
person referred to in clause (d) elects to remain a civil servant, he shall be
retained in the Authority in his current status at Government pay scales and
terms of employment and shall seek promotion to next grade or scale, when due,
as per rules governing the civil servants but shall be obliged to perform
duties in accordance with the job description, rules, regulations, policies and
guidelines given by the Authority;
(g) a person referred to in
clause (d) who opts not to join the Authority shall continue to draw his pay,
allowances privileges or other benefits as he was drawing while holding the
post in the Export Promotion Bureau and the post to which he was promoted
subsequently serving in TDAP and unless he is appointed by the Federal
Government to another post or otherwise ceases to remain in Government service
on account of retirement, dismissal, removal, discharge from service or in any
other manner applicable to a civil servant, the cost for paying salary,
allowance and other benefits to such person shall be borne by the Authority;
(h) subject to the
provisions of sub-sections (2), (3) and (4) of Section 8, the civil servants in
BPS 17 and above of Commerce and Trade Group, who are working against their
encadred posts and those on deputation from such posts working in other
departments of the Government, shall be given an option to join the Authority;
(i) in the case of civil
servants in BPS 17 and above of Commerce and Trade Group who elect to remain
civil servants, the provisions of subsections (2), (3) and (4) of Section 8
shall apply;
(j) civil servant in BPS
17 and above who elects to join the Authority as its permanent employee, shall
be subject to an assessment process for employee skills and competencies and
past performance, and thereafter considered for employment in the Authority and
after acceptance by the Authority as its permanent employee he shall cease to
be civil servant and option by such officer, once exercised, shall be
irrevocable;
(k) all debts and
obligations incurred or contracts entered into or rights acquired and all
matters and things engaged to be done by with or for the Export Promotion
Bureau, before the coming in to force of this Act, shall be deemed to have been incurred, entered into, acquired or engaged to be
done by, with or for the Authority, as the case may be;
(l) all suits and other
legal proceedings instituted by or against the Export Promotion Bureau before
the commencement of this Act shall be deemed to be suits and proceedings by or
against the Authority, as the case may be, and may proceed and be dealt with
accordingly;
(m) on commencement of this
Act, the EMDF shall stand transferred to and shall vest in the TDAP Board which
shall approve its release;
(n) all officers,
employees, servants or any other person holding any post in connection with the
affairs of the EMDF shall continue to remain contractual employees of the Authority
till the un-expired terms of their contract;
(o) in the event of a
person referred to in clause (n) opting to be an employee of the Authority and
accepted by the Authority, he shall cease to be an employee of the EMDF and
shall be entitled to such remuneration, allowances and other terms and
conditions of employment as were applicable to such persons as EMDF employees.
But, in the event of such a person opting not to join the Authority, he may
continue to be employed as contractual employee of the Authority for the
remaining un-expired term of his contract under such terms and conditions that
were applicable to such persons as EMDF employees;
(p) all officers,
employees, servants or any other person holding any post in connection with the
affairs of the EMDF shall be required to in form the Authority within a period
not exceeding six months from the commencement of this Act of their intention
to offer themselves for employment in the Authority. However, in all cases
where the un-expired period of the contracts is less than six months, such
persons shall be required to notify, the Authority thirty days prior to the
expiry of their contract period;
(q) save as otherwise
provided in this Act, all debts and obligations incurred or contracts entered
into or rights acquired and all matters and things engaged to be done by, with
or for the Federal Government under or pursuant to the EMDF before its transfer
to the Authority, shall be deemed to have been incurred entered into acquired
or engaged to be done by, with or for the Authority, as the case may be;
(r) all suits and other
legal proceedings instituted by or against the Federal Government under, or
pursuant to, the EMDF before its transfer to the Authority, shall be deemed to
be suits and proceedings by, or against, the Authority, as the case may be, and
may be proceeded with and be dealt with accordingly;
(s) on commencement of
this Act, the EMDF Board shall be replaced by the TDAP Board established under
this Act and the decisions already taken by the EMDF Board before such
commencement shall be deemed to have been validly taken by the TDAP Board under
this Act;
(t) till
notification of Authority's financial rules alongwith the delegated powers for
incurring expenditure, the delegation of powers for making expenditure in
Export Promotion Bureau vis-a-vis regular budget receipts and EMDF, shall
continue to remain as they were before the commencement of this Act;
(u) the
authority to make expenditure shall be exercised as follows:---
Board no limit Chairman upto ten million rupees every
three months.
Chief Executive upto five million rupees every three
months:---
Provided that the expenditures incurred by the
Chairman (Minister of Commerce) and Vice Chairman (Chief Executive TDAP) shall
be approved by the Board in the next immediate meeting; and
(v) save as
otherwise provided in this Act, nothing in this Act shall affect or be deemed
to affect anything done, action taken, investigation or proceedings commenced,
order, rule, regulation, appointment, document or agreement made, fee directed,
resolution passed, direction given, proceedings taken or instrument executed or
issued under or pursuant to any law amended or repealed by this Act and any
such thing, action, investigation, proceedings, order, rule, regulation,
appointment, document, agreement, fee, resolution direction or instrument and
decisions shall, if in force on the commencement date, and not inconsistent
with any of the provisions of this Act, continue in force and have effect as if
it had been validly done, taken commenced, made, directed, passed, given,
executed or issued under this Act.
38. Removal of difficulties.—If any difficulties arise in giving effect to any
provision of this Act, the Federal Government may make such order, not
inconsistent with the provisions of this Act, as may be necessary to remove the
difficulty.
39. Repeal and savings.—Upon the commencement of this Act,---
(a) the
Government of Pakistan, Export Promotion Bureau's Resolution No.P-5(5)/65,
dated the 22nd January, 1966, and Government of Pakistan, Ministry of
Commerce's Order No. 28(19)-CE/63, dated the 4th December, 1963, shall stand
repealed;
(b) all
funds, properties, rights and interests of whatsoever kind powers exercised and
enjoyed, possessed, owned or vested in the EMDF Board setup under Government of
Pakistan, Export Promotion Bureau's Resolution No.P-5(5)/65, dated the 22nd
January, 1966, and any liabilities legally subsisting against the EMDF Board
and the said Bureau shall stand transferred to the Authority established under
this Act; and
(c) everything done, action taken, obligations or liabilities incurred,
rights and assets acquired, decisions taken by the EMDF Board, persons
appointed or authorized in the EMDF, powers conferred, funds donations or
grants made, orders issued and rules or regulations made, by the EMDF Board
established under the Resolution referred to in clause (b) immediately before
the commencement of this Act shall be deemed to have been validly done, taken,
incurred, acquired, appointed, authorized, conferred, created, made or issued
under this Act.
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