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ACT No. III OF 2013

TRADE DEVELOPMENT AUTHORITY OF PAKISTAN ACT, 2013

An Act to provide for establishment of the Trade Development Authority of Pakistan

[Gazette of Pakistan, Extraordinary, Part-I, 25th February, 2013]

No. F. 9(19)/2012-Legis.—The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 22nd February, 2013, is hereby published for general information:—

WHEREAS it is expedient to provide for the development and promotion of exports of Pakistan;

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 Pakistan.

(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 Pakistan;

(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.

CHAPTER-II 

THE AUTHORITY

3.  Establishment of the Authority.—(1) An Authority to be called the Trade Development Authority of Pakistan is hereby established under administrative control of the Ministry of Commerce.

(2)     The Authority shall be a body corporate have perpetual succession and a common seal with powers, subject to the provisions of this Act, to enter into contracts, acquire, purchase, hold and dispose of both movable and immovable property including mortgage thereof and shall by its name sue or be sued.

(3)     The Authority shall comprise the Chief Executive, the Secretary and such number of officers of the Authority as determined by the Board and shall function in accordance with the rules.

(4)     All assets, liabilities, inclusive of, but not limited to, intellectual property of Export Promotion Bureau shall stand transferred to the Authority on the commencement of this Act.

(5)     The Authority shall have exclusive right to have and use all emblems, motto, logo, decorations, descriptive or designating marks and title now used by the Authority, the name "Trade Development Authority of Pakistan" or any similar grammatical variation thereof. The Authority shall also have exclusive right to use any emblems, motto, logo, decorations, descriptive or designating marks or titles hereafter adopted by the Board for carrying out its objectives.

4.       Regional offices of the Authority.—The Authority may, with prior approval of the Board, establish and close down its offices at such places inPakistan as it considers necessary.

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 dis-agreement 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 Pakistan 

Chamber of Commerce and Industries   Member

(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 Pakistan 

Chamber of Commerce and Industry     Member

(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 Pakistan. The nature of such interests and the particulars thereof shall be disclosed in the annual report of the Authority.

(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.

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