PUNJAB HALAL DEVELOPMENT AGENCY ACT 2016
(Act LVI of 2016)
[06 December 2016]
An Act to establish the Punjab Halal
Development Agency to regulate and promote the trade of halal food and
non-food products in the Punjab.
It is necessary to establish Punjab Halal
Development Agency to promote the trade of halal food and non-food products,
to regulate halal processes of trade and commerce in the Province and to
ensure the implementation of uniform Halal Standards and directions of the
Pakistan Halal Authority; and, to deal with ancillary matters.
Be it enacted by Provincial Assembly of the
Punjab as follows:
1. Short title,
extent and commencement.–
(1) This Act may be cited as the Punjab Halal Development Agency Act
(2) It extends to whole
of the Punjab.
(3) It shall come into
force on such date as the Government may, by notification, specify and
different dates may be so specified for different areas.
(1) In this Act:
“Act” means the
Punjab Halal Development Agency Act 2016;
means a body to which Pakistan National Accreditation Council has accorded
formal recognition that the body is competent to carry out specified tasks;
means the Punjab Halal Development Agency established under section 3 of the
means the Pakistan Halal Authority established under the Pakistan Halal
Authority Act, 2016 (VIII of 2016);
"article" means any substance,
artificial or natural, or partly
partly natural, whether
partly or wholly
or a manufactured product, and any
service or financial product offered to the public;
"Chairperson" means the
Chairperson of the Agency;
Certificate” means the permit to use Halal logo issued by the Agency;
every article manufactured, sold or represented for use as food or drink for
human consumption or which enters into or is used in the composition,
preparation, preservation of any food or drink and includes confectionery,
chewing substances and any ingredient of such food, drink, confectionery or
“food premises” means the premises used
for, or in connection with, preparation, preservation, packaging, storage,
conveyance, distribution or sale of any food or the re-labelling,
reprocessing or reconditioning of any food;
“Government” means Government of the
"halal" means anything which is not
haram or najis and is considered
halal by the laws of Islam;
"Halal Certificate" means the
certificate issued by the Agency to the effect that an article or process is
in conformity with the Halal Standard pertaining thereto, and authorizing
use of the Halal logo in respect thereof;
"Halal Certification" means the entire
process of conformity assessment including audit, inspection, testing, and
evaluation to establish that an article or process is in conformity with the
Halal Standard, resulting in issue of a Halal Certificate;
“Inspection Body” means a person or
body of persons certified by the Agency to act as Inspection Body under the
includes a person or entity who:
is in the business of manufacturing
food or a product for purposes of trade or commerce within the Province;
labels food or a product as his own or
who otherwise presents himself as the manufacturer of the food or product;
as a seller, exercises control over the
design, construction or quality of the food or a product that causes damage;
assembles food or a product by
incorporating into his product a component or part manufactured by another
is a seller of a
food or product of a foreign manufacturer and assumes or administers
warranty obligations of the product, or affiliated with the foreign
manufacturer by way of partial or complete ownership control, or modifies or
prepares a food or a product for sale or distribution;
means prescribed by the rules or regulations made under the Act;
"process" means a
series of steps for the production,
development of any article or system;
“product" has the
same meaning as assigned to the word "goods" in the Sale of Goods Act, 1930
(III of 1930), and includes products which have been subsequently
incorporated into another product but does not include animals or plants or
natural fruits and other raw products, in their natural state, that are
derived from animals or plants;
“Province” means Province of the
“Registrar” means Registrar of the
mean regulations framed under the Act; and
rules made under the Act.
word or expression used in the Act but not defined herein shall have the
meaning assigned to it in the Pakistan Halal Authority Act, 2016 (VIII of
Establishment of the Agency.– (1)
The Government may, by notification in the official Gazette,
establish the Punjab Halal Development
Agency for carrying out the purposes
of this Act.
The Agency shall be a body
corporate having perpetual
succession and a common seal, with powers, subject to the
provisions of the Act, to acquire and
hold property, both movable and
immovable, and shall by the said name sue and be sued.
The headquarters of the Agency shall be at Lahore and it
may, with the prior approval of the
Government, set up offices at such other places as may be required.
The Agency shall consist of the Chairperson to be nominated by
the Government and the following members:
Secretary to the Government, Auqaf and Religious Affairs Department;
Secretary to the Government, Industries, Commerce and Investment Department;
Secretary to the Government, Livestock and Dairy Development Department;
Secretary to the Government, Agriculture Department;
Secretary to the Government, Food Department;
(f) six eminent
citizens who have expertise in the field of food technology and nutrition
sciences, pharmaceuticals, religious affairs or poultry and livestock
industry to be nominated by the Government; and
(g) Registrar (member/Secretary).
(5) The Chairperson shall
preside the meetings of the Agency; but, in the absence of the
Chairperson, the members present at a meeting shall elect one of the members
to preside that meeting.
(6) No act
or proceeding of the Agency shall be invalid merely on the
ground of existence of any vacancy or
defect in the constitution of the Agency.
4. Terms of office of members.–
(1) A member, other than an ex-officio member, shall hold office for
period of three years from the date of assuming office.
(2) A member other than an ex-officio member may, at any time,
his office by writing under his hand addressed to the Government.
The Government may, after affording
an opportunity of hearing, remove a member, other than an
member, if he:
been adjudged an undischarged insolvent; or
been convicted of an offence which involves moral turpitude; or
become physically or mentally incapable of acting as a member; or
abused his position as a member and rendered his continuance
office prejudicial to the
6. Functions of the Agency.–
(1) The Agency shall generally assist the
Authority in the performance of its functions.
(2) Without prejudice to the generality
of the foregoing powers and subject to the provisions of this Act, the
maintain a continuing working relationship and
coordinate with the Authority, international forums, entities and
organizations to promote halal concept and certification;
develop procedure and auditing system for
implementation of Halal Standards and certification;
issue domestic halal certificate, certifying that
the products listed are Halal;
(d) issue Halal
Licence certifying that the plant, production facility, food premises,
slaughterhouse or abattoir, or the establishment handling food has been
approved to produce, distribute or market halal food and the items listed
implement the certification process and procedure
for the appointment of Inspection Bodies;
grant and revoke licence of certified Inspection
Bodies and maintain list of such bodies;
a register of all approved bodies to be called the Provincial Register of
the Halal approved bodies;
authorize use of the halal logo by the halal
recommend the Authority to suspend or revoke the halal certificate issued by
the Authority for export or import or inter-provincial commerce;
develop the capacity of all stakeholders for
development of the Halal products and certification system through national
and international coordination and support;
arrange and conduct public awareness campaign for
promotion of halal sector; and
perform such other functions as may be assigned
by the Government.
There shall be a Registrar of the
Agency who shall be the chief executive of the Agency and who shall be appointed by the
Government on such terms and conditions as are prescribed and until so
prescribed as the Government may determine.
The Registrar shall discharge such duties
and perform such functions as are assigned to him by the Agency or
Domestic Halal Certificate.–
(1) A person or body may apply for:
Domestic Halal Certificate for its product;
(b) Halal Licence for plant production facility or abattoir; and
permission to use the Halal logo.
(2) An application
for obtaining Domestic Halal Certificate shall be made to the Agency in such
form and be accompanied by such fee and shall contain such information as
may be prescribed.
(3) The Agency shall
evaluate the application in accordance with the prescribed criteria and
shall assign it to its Auditor and Shariah
Department or to a Licensed Certified Inspection Body to audit the product
or process or plant production facility or abattoir of the applicant as the
case may be and shall submit audit report within the prescribed time.
(4) On receipt of the report, the
Agency may issue the Domestic Halal Certificate or Halal Licence
subject to such conditions as may be prescribed and until so
prescribed as the Agency may deem appropriate.
(5) The Domestic Halal
Certificate or Halal Licence shall be valid for one year and may be renewed
by the Agency in the prescribed manner.
(6) An application for
renewal of the Certificate shall be submitted to the Agency, at least, three
months prior to the date of expiry of the Certificate or Halal Licence.
(7) The body or person in
whose name the Domestic Halal Certificate or Halal Licence is registered
shall keep the record of the business as mentioned in the Act or as
prescribed and shall make such record available to any official authorised
by the Agency or the Authority for purposes of implementation of the
provisions of this Act or the Pakistan Halal Authority Act 2016
(VIII of 2016).
(8) If at any time, after
issuance of the Domestic Halal Certificate or Halal Licence, the Agency is
satisfied, either on a reference made to it in this behalf by any person or
the Halal business is not being conducted in
accordance with the provisions of the Act; or
the licence granted by it has been obtained by
misrepresentation or suppression of material facts; or
there is an adverse material change in the
conditions in which the halal products are being processed, manufactured or
the Agency may order
special inspection by the Inspector or by the Certified Inspection Body who
shall submit the inspection report and the Agency may, after giving due
notice and after affording an opportunity of hearing may cancel or suspend
the licence for such period as it may determine.
(9) The Agency shall
have the power to suspend the Domestic Halal Certificate or Halal Licence
where the circumstances so warrant after obtaining special report and
providing an opportunity of hearing to the holder of Domestic Halal
Certificate or Halal Licence.
Certification of Inspection Bodies.– (1) A person
or body may apply for a licence to act as Certified Inspection Body by
submitting an application and on payment of fee as may be prescribed by the
(2) The Agency shall maintain a list of the
Inspection Bodies in the prescribed manner.
(3) If, at any time, after issuance of the
licence to act as an Inspection Body, the Agency is satisfied either on a
reference made to it in this behalf or otherwise, that:
licence granted by it has been obtained by misrepresentation or suppression
of material facts; or
there is an adverse material change in the
conditions in which the licence to act as Inspection Body was granted,
the Agency may, after
giving due notice and after affording an opportunity of hearing, cancel or
suspend the licence, as the case may be, for the period it may deem
(1) The Agency may appoint Inspectors, having
the prescribed qualifications, for the purpose of enforcement of this Act or
rules or regulations made thereunder.
Subject to the Act and rules or regulations, an Inspector shall have powers
inspect any operation carried on in connection
with any article or product or action or process in relation to Halal
take samples of any article, or of any material
or substance used in any article or process, in relation to which Halal logo
has been used;
(c) seize and detain
for such time as may be necessary, any article to which he believes any
provision of the Act has been contravened; and
stop, search or seize any transport vehicle in
which he believes on reasonable ground that any article is being transported
which does not conform to Halal Standards and certification.
Inspector, at the time of inspection, must hold the identification card
which shall be produced on demand.
person who obstructs or impedes the performance of duties by an Inspector or
an officer authorized by the Agency shall be guilty of an offence punishable
under section 17 of the Act.
article seized under subsection (2) may be kept or stored in the premises
where it is seized or may be removed to any other place or appropriately
disposed of in case of its perishable nature, or as an Inspector may deem
Inspector shall release any article seized by him under subsection (2) if he
is satisfied that all the requirements of the Act stand complied with.
person who removes, alters, or interferes in any way with an article seized
by an Inspector shall be guilty of an offence punishable under section 17 of
(8) A person who knowingly
makes any false or misleading statement either verbally or in writing to the
Agency or an Inspection Body or Inspector, engaged in carrying out duties
under the Act, shall be guilty of an offence punishable under section 17 of
11. Authentication of
orders and other instruments of the Agency.–
All orders, decisions, instruments and notifications issued by the Agency
be authenticated with signatures of an officer or officers
authorized by the Agency in this behalf.
of a Halal Certificate or Halal Licence shall provide to the Agency such
information and such samples of an article or material or substance used in
relation to any article or process as the Agency may require.
Every manufacturer of an article, food or
a product shall, on the wrapper, bottle or container containing such
article, food or product, disclose its components, parts, ingredients,
quality, date of manufacture, date of expiry and the fact that the article,
food or product is halal.
Prohibition of improper use of Halal logo.–
No person shall use, in relation to any article, product or process or in
the title of any patent or in any
trademark or design, the Halal logo except under the terms of a Domestic
Halal Certificate or Halal Licence issued under this Act.
Prohibition of use of certain name, mark or logo.–
No person shall, without the previous
permission of the Agency, and subject to such conditions as the Agency may
impose, use, in any manner whatsoever, any name, mark or logo which
resembles the name, mark or logo of the Agency or contains an expression or
any abbreviation of such expression relating to Halal Standards recognized
by the Agency.
Marketing of Halal products.– No food
or non-food product shall be marketed or offered for sale with the
description or representation of being a halal article or product within the
Province unless it bears the Halal logo of the Agency.
A person who contravenes the provisions
of the sections 13, 14, 15 and 16 of this Act shall be punished with
imprisonment of either description for a term which may extend to three
years, or with a fine which may extend to one million rupees but which shall
not be less than one hundred thousand rupees, or with both.
A person who contravenes any of the provisions of this Act, or any rule made
or notification issued thereunder shall, if no other penalty elsewhere is
provided under the Act or any other law for the time being in force, be
punished with imprisonment of either description for a term which may extend
to one year, or with a fine up to five hundred thousand rupees but which
shall not be less than fifty thousand rupees, or with both.
court convicting a person under subsection (1) may direct that the articles,
in respect of which the contravention is made, be forfeited to the
Cognizance of offence.–
(1) No court shall take
cognizance of an offence under this Act except on a complaint by an officer
authorized by the Agency.
court inferior to that of Magistrate of the First Class shall try an offence
punishable under the
A person aggrieved by an order
of the Agency may prefer an appeal to the Government within thirty days of
the date of such order in the prescribed manner.
Appointment of officers, staff, etc.–
The Agency may, from time to
time, create posts and appoint such officers, staff, experts or consultants
as it may consider necessary for the performance of its functions, on such
terms and conditions as may be prescribed but the appointment in basic pay
scale 18 or above shall be made with the previous approval of the
(2) The officers of
the Agency shall have such powers and shall perform such functions as may be
assigned to them by the Agency, Chairperson or Registrar.
21. Members and officers etc. to be
public servants.– The
Registrar, members, officers, staff, experts and consultants of the
Agency shall, when acting or purporting to act in pursuance of
any of the provisions of this Act, be
deemed to be public servants within the meaning of section 21 of the
Pakistan Penal Code, 1860 (XLV of 1860).
22. Delegation of powers.–
The Agency may, by a general or
special order and subject to such conditions as it may deem
appropriate, delegate to a member or an
officer any of its powers or functions under this Act.
The Agency shall create a Fund to be known as the Punjab Halal Development
(2) The Fund shall vest in, and be utilized by, the Agency to meet its
expenses in connection with the performance of functions under this Act.
The Fund shall consist
of the following:
grants made by the Federal Government or the Government;
loans, aid, donations and contributions received from foreign governments,
national or international agencies and non-governmental and private
organizations, with the approval of the Government; and
and other income received by the Agency.
(4) All sums payable to the Agency may be recovered as arrears of land
revenue under the Punjab Land Revenue Act, 1967
(XVII of 1967).
shall, in respect of each financial year, submit for approval of Government,
by such date as may be prescribed, a statement of the estimated receipts and
expenditure, including requirements of foreign exchange for the next
25. Audit and accounts.–
(1) The Agency shall maintain its
accounts in such manner as may be prescribed and until so prescribed as is
applicable to a Government department.
(2) The accounts of the
Agency shall be audited every year by the
Auditor General of Pakistan.
26. Directions by the
The Government may issue such directions
to the Agency as may be necessary to accomplish the objectives of the Agency
and the Agency shall comply with such directions.
27. Protection of
actions taken in good faith.–
No suit, prosecution or other legal
proceeding shall lie against the Government or the Agency or any person
acting under authority of the Government or the Agency for anything which is
in good faith done or intended to be done in pursuance of this Act or the
rules or the regulations made thereunder.
As soon as may be after the end of
every financial year but before the last day of September, the Agency shall
submit to the Government, a report on the conduct of its affairs and its
(2) The Government may, after giving
sufficient notice, require the Agency to furnish any report, document,
return, statement, estimate, statistics, or other information regarding any
matter or subject concerning the Agency.
29. Power to make rules.–
The Government may, by notification in the official Gazette, make
rules for carrying out purposes of this Act.
30. Power to frame regulations.–
Subject to this Act and the rules, the Agency may frame regulations to give
effect to the provisions of the Act.
31. Power to exempt.–
The Government may, by notification in the official Gazette, exempt any
article or class of articles from operation of all or any of the provisions
of this Act.
The provisions of the Act shall be in addition to and not in derogation
of the Pakistan Halal Authority Act, 2016 (VIII of 2016).