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Privatization Commission Ordinance, 2000

LII OF 2000

28th   September, 2000


An Ordinance to provide for the establishment of the Privatisation Commission
The following Ordinance made by the President
is hereby published for general information

WHEREAS it is expedient to provide for the establishment of the Privatisation Commission for implementing the privatisation policy of the Federal Government and to provide for matters connected therewith or incidental thereto;

WHEREAS the Federal Government is carrying out a programme of privatisation;
WHEREAS it is expedient to provide for a fair and transparent process of privatisation to secure transactions resulting therefrom;
WHEREAS it is expedient to provide for the utilization of the proceeds of privatisation for the retirement of Federal Government debt and for poverty alleviation

WHEREAS it is expedient to provide for an expeditious mechanism to resolve all disputes relating to privatisation;
WHEREAS the National Assembly and the Senate stand suspended in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999;
AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the aforesaid Proclamation of the fourteenth day of October, 1999, and Provisional Constitution Order No.1 of 1999, as well as Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance.-

 

 PART I

GENERAL

1. Short title, extent and commencement.-

(1) This Ordinance may be called the Privatisation Commission Ordinance, 2000.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.

2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context,-

a.       “Board” means the Board of the Commission.

b.      “Cabinet” means the Cabinet of the Federal Government, and where authorized, includes the Cabinet Committee on Privatisation (CCOP) as constituted by the Cabinet from time to time; 

c.       “Chairman” means Chairman of the Commission;

d.      “Commission” means the Privatisation Commission established under section 3;

e.       “Commission Account” means the Commission Account established under section 14;

f.        “member” means a member of the Board;

g.       “person” includes an individual, partnership, trust, company or association or of body corporate or body of individuals, whether or not having separate legal personality, other than the Federal Government or any enterprise owned or controlled by the Federal Government; 

h.       “prescribed” means prescribed by rules made under this Ordinance;

i.         “privatization” includes a transaction by virtue of which any property, right, interest,
concession or management thereof is transferred to any person from the Federal Government or any enterprise owned or controlled, wholly or partially, directly or indirectly, by the Federal Government;

j.        “Privatisation Fund” means the Privatisation Fund established under section 16;

k.      “privatisation proceeds” means the proceeds of privatisation received by the Commission;

l.         “property” includes any right, title or interest in property, moveable or immovable and in whole or in part, and any means and instruments of production owned or controlled directly or indirectly by the Federal Government or any enterprise owned or controlled by the Federal Government whether in or outside Pakistan;

m.     “regulations” means the regulations made under section 41 of this Ordinance;

n.       “regulatory authority” means the Pakistan Telecommunication Authority established under the Pakistan Telecommunication (Re-Organisation) Act, 1996, (Act XVII of 1996), the National Electric Power Regulatory Authority established under the Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997 (Act XL of 1997), the Natural Gas Regulatory Authority established under the Natural Gas Regulatory Authority Ordinance, 2000 (Ordinance I of 2000), and such other authority as may be established under any law;

o.      “rules” means the rules made under section 40 of this Ordinance;

p.      “Secretary” means the Secretary of the Commission; and

q.      “staff” means the staff of the Commission and includes a deputationist and a contract employee


PART II 

PRIVATISATION COMMISSION

3. Establishment of the Commission.-

(1) The Privatisation Commission is hereby established for carrying out the purposes of this Ordinance. The Privatisation Commission shall be a body corporate having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance, to enter into agreements, contracts, acquire and hold property, both moveable and immovable, and to sue and be sued in its name.

(2) The Federal Government’s Notification No. F. 5(1) Adm-1/91 dated 22nd January, 1991 and other related notifications issued from time to time establishing and reconstituting the Privatisation Commission (hereinafter referred to as the “existing Commission”) are hereby rescinded and the existing Commission shall stand dissolved on the commencement of this Ordinance.

(3) Upon the commencement of this Ordinance, the dissolution of the existing Commission and establishment of the Commission under this Ordinance:

(a)

all, assets, rights, powers, authorities and privileges, and all property, moveable and immovable cash and bank balances, reserve funds investment and all other interests and rights in, or arising out of, such property and all debts, liabilities and obligations of whatever kind of the existing Commission subsisting immediately before the dissolution shall stand transferred to and vest in the Commission;

(b)

Notwithstanding anything contained in this Ordinance or any other law for the time being in force or in any agreement, deed, document or other instrument: 

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