ORDINANCENO. V OF 2013
CIVIL SERVANTS (AMENDMENT)
An Ordinance further to amend the Civil Servants Act
(LXXI of 1973)
[Gazette of Pakistan, Extraordinary, Part-I, 24th May, 2013]
No. F. 2(l)/2013-Pub.—The following Ordinance promulgated by the President is hereby published for general information:—
WHEREAS it is expedient further to amend the Civil Servants Act, 1973 (LXXI of 1973), for the purposes hereinafter appearing;
AND WHEREAS the National Assembly is not in session having been dissolved on completion of its term and the Senate is also not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action;
Now, THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance:—
- Short title and commencement.—This Ordinance may be called the Civil Servants (Amendment) Ordinance, 2013.
(2) It shall come into force at once.
- Amendment of Section 3, Act LXXI of 1973.—In the Civil Servants Act, 1973 (LXXI of 1973), in Section 3, after sub-section (2) the following new sub-sections shall be added, namely:—
“(3) The Federal Government may transfer a civil servant of a devolved Ministry or Division, working in an Attached Department or Subordinate Office situated in a Province, to the Province concerned, in consequence of the devolution of functions pursuant to the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) and
thereby he shall become the civil servant of the respective Province, on the same terms and conditions of service as were applicable to him before such transfer.
(4) The Federal Government may transfer a civil servant working in a Ministry, Division, Attached Department or Subordinate Office located in the Islamabad Capital Territory to any other Ministry, Division, Attached Department or Subordinate Office, in consequence of the abolition of such Ministry, Division, Attached Department or Subordinate Office pursuant to the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) and thereby he shall become the civil servant of the respective Ministry, Division, Department or Office to which he is so transferred, on the same terms and conditions of service as were applicable to him before such transfer.
(5) The seniority of the civil servants transferred by virtue of sub-sections (3) and (4) shall be determined by the concerned Province, Ministry or Division, as the case may be, in accordance with the rules.
(6) The cases of civil servants of a Ministry, Division, Attached Department or Subordinate Office devolved in pursuant to the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) and working in FATA, Gilgit Baltistan and AJK shall be dealt with in the manner as may be provided by an Order made by the President in this behalf.”.
- Removal of difficulties.—If any difficulty arises in giving effect to any provision of the Civil Servants (Amendment) Ordinance, 2013, the Federal Government may make such Order, not inconsistent with the provisions of the said Ordinance, as may appear to it to be necessary for the purpose of removing the difficulty:
Provided that no such power shall be exercised after expiry of one year from the coming into force of the aforesaid Ordinance.
- Omission of Section 12-A, Act LXXI of 1973.—In the said Act, Section 12-A shall be omitted.
CUSTOMS RULES, 2001
[Gazette of Pakistan, Extraordinary, Part-II, 28th February, 2013]
S.R.O. 155(I)/2013, dated 25.2.2013.–In exercise of the powers conferred by Section 219 of the Customs Act, 1969 (IV of 1969), the Federal Board of Revenue is pleased to direct that the following further amendments shall be made in the Customs Rules, 2001, namely:—
In the aforesaid Rules, in Chapter XII, in Sub-Chapter 8,—
(1) in Rule 308,—
(a) after clause (a), the following new clause shall be inserted, namely:—
“(aa) “The Directorate General of Input Output Co-efficient Organization (IOCO)” means an organization established by the Board to authorize, regulate or monitor duty or tax remission under survey-based concessionary notifications, determination of input-output ratios, wastages and fixation of rates for repayment or remission or duty drawback and/or any other assignment relating thereto; and
(b) for clause (e), the following shall be substituted, namely:—
“(e) “Director General” means the officer of Customs holding the charge as the Director General of the IOCO and duly notified by the Board in this regard;
(ea) “Director IOCO South” means the officer of Customs holding the charge of Director South having jurisdiction over areas in Sindh and Balochistan Provinces and duly notified by the Board in this regard;
(eb) “Director IOCO North” means the officer of Customs holding the charge of Director North having jurisdiction over areas in Punjab and Khyber Pakhtunkhwa Provinces and Gilgit-Baltistan and duly notified by the Board in this regard;
(ec) “Director IOCO (HQ)” means the officer of Customs holding the charge of Director (HQ) duly notified by the Board in this regard;”;
(2) in Rule 309,—
(a) in sub-rule (1), for the words “the who shall be an officer not below in rank than a Collector of Customs” the words “an officer of Customs not below in rank than a Director General” shall be substituted;
(b) in sub-rule (2),—
(a) after the words “ensure that the” the words “Director General” shall be inserted;
(b) after the words “assisted by” the words “the Director (HQ), Director (South), Director (North), Additional Directors, Deputy or Assistant Directors and” shall be inserted; and
(c) after the words “opinion of the” the words “Director General” shall be inserted;
(c) in sub-rule (3), after the word “Director” the word “General” shall be inserted;
(d) in sub-rule (5), the words and commas “or Islamabad, as the Board may determine,” shall be omitted; and
(e) in sub-rule (7), after the word “Director” the word “General” shall be inserted;
(3) in Rule 310, in sub-rule (1), before the word “Director” the word “concerned” shall be inserted; and
(4) in Rule 313, in sub-rule (2),—
(a) for the word “Board” occurring first, the words “Director General” shall be substituted; and
(b) for the words “member of the Board authorized in this behalf” the words “Director General” shall be substituted.
SALES TAX ACT, 1990
[Gazette of Pakistan, Extraordinary, Part-II, 28th February, 2013]
S.R.O. 152 (I)/2013.—In exercise of the powers conferred by clause (a) of sub-section (2) of Section 13 of the Sales Tax Act, 1990, and Section 19 of the Customs Act, 1969 (IV of 1969), the Federal Government is pleased to direct the following further amendments shall be made in its Notification No. S.R.O. 811(I)/2009, dated the 19th September, 2009, namely:—
In the aforesaid Notification,—
(a) in the preamble, the following expressions shall be omitted, namely:–
(i) “clause (a) of sub-section (2) of Section 13 of the Sales Tax Act, 1990 and”;
(ii) “exempt from sales tax and”; and
(b) for the acronym word “PACCS”, wherever occurring, the acronym “WeBOC” shall be substituted;
(c) in clause (v), the words “and sales tax” shall be omitted;
(d) in clause (vii), the words “and sales tax” shall be omitted; and
(e) in clause (viii),–
(i) the words “and sales tax” shall be omitted; and
(ii) the words, comma and figure “the Sales Tax Act, 1990 and” shall be omitted.
S.R.O. 154 (I)/2013.—In exercise of the powers conferred by clause (c) of Section 4 read with clause (b) of sub-section (2) and sub-section (6) of Section 3, clause (b) of sub-section (1) of Section 8 and Section 71 of the Sales Tax Act, 1990, the Federal Government is pleased to direct the following amendments shall be made in its Notification No. S.R.O. 1125(I)/2011, dated the 31st December, 2011, namely:–
In the aforesaid Notification,–
(a) in the preamble, for the words “at zero-rate”, the words “at the rate of two per cent” shall be substituted;
(b) after the Table, for the Conditions, the following Conditions shall be substituted, namely:—
(i) The benefit of this notification shall be available only to persons doing business in textiles (including jute), carpets, leather, sports and surgical goods sectors, who are registered as manufacturer, importer, exporter or wholesaler under the Sales Tax Act, 1990, and appear on the Active Taxpayers List (ATL) on the website of Federal Board of Revenue;
(ii) this notification shall apply from—
(a) spinning stage onwards, in case of textile sector;
(b) production of PTA or MEG, in case of synthetic sector;
(c) regular manufacturing, in case of carpets and jute products;
(d) tannery onwards, in case of leather sector; and
(e) organized manufacturing, in case of surgical and sports goods;
(iii) on import by registered manufacturers of the five sectors mentioned in condition (i), sales tax shall be charged at the rate of two per cent on goods useable as industrial inputs;
(iv) on import by commercial importers of goods useable as industrial inputs, sales tax shall be charged at the rate of two per cent along-with two per cent value addition tax at the import stage, which shall be accountable against their subsequent liabilities arising against supply of these goods to persons in the five sectors mentioned in condition (i) at the rate of two per cent, and to persons outside the said five sectors at the rate of five per cent. The balance amount shall be paid with the monthly sales tax return, or in case of excess payment shall be carried forward to the next tax period;
(v) import of finished goods ready for use by the general public, shall be charged to tax at the rate of two per cent and value addition tax at the rate of two per cent;
(vi) supplies of goods, usable as industrial inputs, to registered persons of the five sectors mentioned in condition (i), shall be charged to tax at the rate of two per cent, whereas supplies to persons not belonging to the said five sectors shall be charged to tax at the rate of five percent;
(vii) supplies of finished products of the sectors specified in condition (i) to registered retailers shall be charged to sales tax at the rate of two per cent;
(viii) registered persons engaged in the retail sale of these goods shall pay sales tax at the rate of two per cent on their retail sales and shall be entitled to input tax adjustment. Such goods supplied at the rate of two per cent shall not constitute part of turnover for the purpose of turnover tax payable as prescribed under Chapter III of the Sales Tax Special Procedure Rules, 2007;
(ix) registered manufacturers who process goods owned by others shall charge sales tax at the rate of two per cent on the value of goods, inclusive of processing charges received by them;
Explanation.—For the purposes of this provision, and in terms of the proviso to sub-section (33) of Section 2 of the Sales Tax Act, 1990 the return of goods by the processor to the principal after processing shall constitute supply, and the value of supply of such goods shall be the open market price of such goods inclusive of the processing charges;
(x) a registered person who has consumed any other inputs acquired on payment of sales tax, shall be entitled to input tax adjustment or, as the case may be, refund against taxable supplies made by him, subject to the relevant provisions of the Sales Tax Act, 1990 and Rules made thereunder;
(xi) registered manufacturers shall be entitled to adjustment of input tax paid on machinery, parts, spares and lubricants acquired by them for their own use, subject to the relevant provisions of the Sales Tax Act, 1990 and Rules made thereunder; and
(xii) supply of electricity and gas to the registered manufacturers or exporters of the five sectors mentioned in condition (i), shall be charged sales tax at the rate of zero per cent in the manner specified by the Board.”
- This notification shall take effect on and from the 1st day of March, 2013.
CONSTITUTION OF THE PAKISTAN CRICKET BOARD
[Gazette of Pakistan, Extraordinary, Part-II, 14th February, 2013]
S.R.O. 100(I)/2013, dated 13.2.2013.—In exercise of the powers conferred by the sub-section (1) of Section 3 read with Section 4 of the Sports (Development and Control) Ordinance, 1962 (XVI of 1962), the Federal Government is pleased to provide for the following Constitution of the Pakistan Cricket Board, namely:–
- Short title and commencement.—(1) This constitution may be called the Constitution of the Pakistan Cricket Board.
(2) It shall come into force at once.
- Definition.–In this Constitution, unless the context otherwise requires,—
(i) “Acting Chairman” means the Acting Chairman of the Board;
(ii) “active club” means a cricket club which,—
(a) has adopted the model constitution as formulated by the Board within a period of three months from the date on which model constitution is approved by the Board;
(b) has not less than sixteen playing members registered with the District Cricket Association to which it is affiliated;
(c) has formulated rules for regulating business and the conduct of its members;
(d) participates in every calendar year in at least two tournaments organized by the District Cricket Association to which it is affiliated;
(e) does not belong to any service organization or Department which is a member of the Board; and
(f) has the use of pitch where net practice is regularly held:
Explanation.–For the purpose of this clause, not more than three cricket clubs may use the same pitch and nets.
(iii) “Associate Member” means the associate member described under Paragraph 16;
(iv) “Blind’s Cricket Association” means an association of blind cricketers as recognized by the Board;
(v) “Board” means the Pakistan Cricket Board (PCB);
(vi) “BOG” means the Board of Governors constituted under Paragraph 9;
(vii) “Chairman” means Chairman of the Board;
(viii) “Chief Executive Officer” means Chief Executive Officer of the Board;
(ix) “Chief Financial Officer” means Chief Financial Officer of the Board;
(x) “Chief Operating Officer” means Chief Operating Officer of the Board;
(xi) “City Cricket Associations” means City Cricket Associations of Lahore, Karachi or any other city cricket association recognized and declared as such by the Board which may be considered as a region;
(xii) “Committees” mean the Committees constituted under sub-paragraph (ix) of Paragraph 6;
(xiii) “Deaf and Dumb Cricket Association” means an association of deaf and dumb cricketers as recognized and declared by the Board;
(xiv) “Department” means a registered or incorporated entity whose team participates in the tournament organized by the Board;
(xv) “District” means an administrative area notified as such by a Provincial Government as a District;
(xvi) “District Cricket Association” means a Cricket Association of a District or, as the case may be, recognized by the Board;
(xvii) “Election Commissioner” means the Election Commissioner of the Board;
(xviii) “Full member” means the full member described under Paragraph 15;
(xix) “General Body” means the General Body of the Board constituted under Paragraph 14;
(xx) “Honorary member” means honorary member described under paragraph 17;
(xxi) “Nomination Committee” means a committee constituted to recommend the name of the Chairman to the BOG, comprising of two representatives of BOG and two representatives nominated by the Patron. The representatives of the BOG shall be one elected representative of the Regions and one elected representative of the Service Organizations on the BOG (the said two representatives shall be elected by the BOG);
(xxii) “Patron” means the President of the Islamic Republic of Pakistan;
(xxiii) “Physically Handicapped Cricket Association” means cricket association of physically handicapped except blind and deaf and dumb recognized by the Board;
(xxiv) “prescribed” means prescribed by the regulations;
(xxv) “Region” means an administrative area declared as such by the Board on recommendation of the Chairman;
(xxvi) “Regional Cricket Association” means Cricket Association of a Region as recognized by the Board;
(xxvii) “Service Organization” means a body established by the Federal Government, a Provincial Government or a statutory corporation or a company established under the Companies Ordinance, 1984 (XLVII of 1984);
(xxviii) “regulations” mean the regulations made under the Constitution; and
(xxix) “Veterans Cricket Association” means cricket association of veterans recognized by the Board.
PAKISTAN CRICKET BOARD
- Pakistan Cricket Board.—(1) There is hereby constituted a Board to be called as the Pakistan Cricket Board consisting of the following, namely:—
(b) BOG; and
(c) General Body.
(2) The Board shall be a body corporate having perpetual succession and a common seal with powers to acquire, hold or dispose of property, moveable and immovable, and may sue or be sued in its name.
(3) The Board shall, takeover the assets, liabilities whether contractual or otherwise, programmes, funds and executives and employees of the Board setup by Notification No. S.R.O. 64 (KE)/2007, dated the 20th September, 2007 on the commencement of this constitution.
- Objects and functions of the Board.—The objects and functions of the Board shall be to,—
(i) promote and develop all forms of cricket in Pakistan;
(ii) promote and regulate all formats of cricket among men, women, physically challenged, blind, veteran and deaf etc;
(iii) maintain general control of the game of cricket in all formats and make regulations for that purpose;
(iv) promote the formation of affiliated organizations;
(v) setup codes relating to matters of discipline, anti-corruption, anti-doping and other issues concerning activities involving the game of cricket and take measures for its implementation;
(vi) provide for the maintenance of discipline amongst its constituent members, all cricket bodies and persons under the control of such constituent members;
(vii) regulate affiliation of constituent members, to fix fees and other conditions for the grant of such affiliation and to monitor the functioning of such members;
(viii) seek affiliation from and grant the same to international bodies concerned with the advancement and control of cricket;
(ix) co-ordinate activities in respect of the game of cricket in all manners and ways, the holding and organizing of tournaments and national and international matches, between its constituent members and other subordinate and affiliated bodies within the country or abroad;
(x) collect funds and utilize them in an accountable and transparent manner for achieving its objectives;
(xi) ensure proper and transparent application of funds collected by constituent members and the bodies affiliated thereto;
(xii) undertake and control selection and composition of National Cricket Team and its officials for participation in cricket contests both within and outside Pakistan;
(xiii) inculcate and promote discipline among the cricket teams and their supporting staff;
(xiv) constitute tribunals or bodies to investigate or adjudicate upon disciplinary issues;
(xv) take measures for the welfare and fitness of cricketers;
(xvi) control and finance all touring teams and to undertake ancillary steps;
(xvii) make appointment of managers, coaches and other officials of the national teams;
(xviii) engage or hire professional coaches, physiotherapists, trainers, groundsmen, doctors, experts and such other persons as may deemed appropriate for the development of the game of cricket in Pakistan;
(xix) regulate the visits and tours abroad of the national teams and the teams of member associations and clubs and visits of foreign teams to Pakistan;
(xx) standardize and control umpiring and scoring in cricket and to take necessary steps to ensure its maintenance and training at the high standards throughout Pakistan;
(xxi) make regulations for admission, monitoring and control of its constituent or affiliated members and their representation on the Board;
(xxii) establish, own and operate libraries, museums and archives in connection with or related to the game of cricket in Pakistan;
(xxiii) establish sports based television channel, web portals or any other cyberspace, print or electronic medium to achieve the objects as provided herein;
(xxiv) organize and hold matches or other events for the benefit of cricketers, umpires and support personnel and any other charitable cause;
(xxv) develop the cricket infrastructure in Pakistan and in this regard to undertake any act deemed appropriate for the same including but not limited to own, acquire, deal with, obtain or let on lease moveable and immovable property, apply for, acquire or issue any license, construct, maintain or develop cricket stadium, grounds, academies and such other venues and property as may be expedient for the promotion or development of cricket in Pakistan;
(xxvi) transfer, lease, encumber, charge, mortgage and to deal with moveable and immovable property in such manner as deemed appropriate in the best interest of the Board;
(xxvii) invest any surplus funds available to the Board with a proper regulatory framework, and if deemed necessary, to appoint a reputed investment advisor to ensure maximum return on its investments;
(xxviii) raise fund or loans domestically or internationally and to raise funds if required, to receive financial aid or grants for the Board on such terms as deemed appropriate, and for this purpose, to mortgage any movable or immovable property;
(xxix) provide terms and conditions and make service rules for its employees, players, affiliated associations or organizations in particular and for the betterment of cricket in Pakistan in general;
(xxx) subscribe and to abide by the International Cricket Council (ICC) directives, instructions, and regulations etc; and
(xxxi) do all such acts and things as deemed necessary and/or conducive for carrying out its objects and functions.
- Patron.—(1) The President of the Islamic Republic of Pakistan shall be the Patron of the Board.
(2) The Patron shall exercise powers and functions as provided in different provisions of this Constitution.
- Chairman.—(1) There shall be a Chairman appointed by the BOG in accordance with Part IV for a period of four years. He shall be the Chief Executive Officer of the Board and shall inter alia exercise and perform the following powers and functions, namely:—
(a) preside over all meetings of the Board;
(b) summon the annual general meeting of the Board and the extraordinary general meeting;
(c) summon the meetings of BOG;
(d) adjourn the meetings;
(e) fix the date, time and place of all meetings including adjourned meetings;
(f) cast vote when votes are equally divided;
(g) control or oversee income and expenditure in accordance with the budget approved by the BOG;
(h) control and manage the affairs of the stadia, sports complexes, gymnasia and grounds or those placed under its charge, directly or through management committees or officials appointed for the purpose;
(i) appoint the selection committee and other committees including their chairmen; and
(j) take any other financial, administrative or management decisions as required for the functioning and operations of the Board;
(k) recommend to the BOG for addition, alteration or deletion of a Region;
(l) decide with regard to representation from time to time of Regions and Service Organizations through rotation on the BOG.
(2) During the absence of the Chairman for a period of more than forty five days or in the event the Chairman tenders his resignation or in case of his death or in the event of the office of the Chairman falling vacant for any other reason, the BOG may elect and appoint an Acting Chairman from amongst its members, who may only exercise powers listed in Paragraph 6(1)(a) to (e) during the absence or till the appointment of the Chairman.
(3) The Chairman during his leave from office or otherwise, may delegate any of his powers, in writing, to any other member of the BOG or the Chief Operating Officer.
- Chief Operating Officer.—(1) For effective performance of his functions, the Chairman shall be assisted by the Chief Operating Officer who shall be appointed by the Chairman with prior intimation to the Patron.
(2) The Chief Operating Officer shall perform such functions and exercise such powers as the Chairman may assign or delegate.
(3) The Chief Operating Officer shall report to the Chairman.
(4) The terms and conditions of service of the Chief Operating Officer, such as qualification, experience, tenure, salary package, perquisites, etc., shall be as per service rules for employees of the Board.
(5) The Chief Operating Officer may sub-delegate any of his functions to any other officer of Board with permission of the Chairman.
- Chief Financial Officer.—(1) There shall be a Chief Financial Officer of the Board who shall be appointed by the Chairman.
(2) The Chief Financial Officer shall perform such functions and exercise such financial powers as the Chairman may assign or delegate.
(3) The Chief Financial Officer shall report to the Chairman except in matters and powers delegated by the Chairman to the Chief Operating Officer.
(4) The terms and conditions of service of Chief Financial Officer, such as qualification, experience, tenure, salary package, perquisites etc., shall be as per service rules for employees of the Board.
- Composition of BOG.—(1) For managing the affairs of the Board, there shall be a BOG consisting of,—
(b) Five duly elected Regional Presidents on basis of rotation as per the applicable regulations of the Board, from amongst,—
(i) Abbottabad Region;
(ii) Bahawalpur Region;
(iii) Dera Murad Jamali Region;
(iv) Faisalabad Region;
(v) Federally Administered Tribal Area Region;
(vi) Hyderabad Region;
(vii) Islamabad Region;
(viii) Karachi Region;
(ix) Lahore Region;
(x) Larkana Region;
(xi) Multan Region;
(xii) Peshawar Region;
(xiii) Quetta Region;
(xiv) Rawalpindi Region; and
(xv) Sialkot Region.
(c) five members who are representatives of Service Organizations and Departments who are Full Members of the Board and shall elect their representatives from amongst themselves through election conducted by the Board;
(d) two non-voting members who are eminent persons, having distinction in the fields of management, corporate, law and other related fields, appointed by the BOG from a panel of three names recommended by the Chairman in consultation with the Patron; and
(e) two non-voting members who are former test cricketer appointed by the BOG on recommendation of the Chairman.
(2) In the event the Regional President completes his tenure or his office falls vacant for any reason whatsoever, such Regional President shall ipso facto stands removed from the BOG:
Provided that five duly elected Presidents of five Regions shall be determined by the Chairman for representation on BOG, however, while such determination, it shall be ensured that the representative of the Region is not reappointed until all Regions have had their representation by rotation on the BOG:
Provided further that at any given time, all Provinces shall be represented on the BOG.
(3) All members of the BOG shall be elected or appointed for a term of one year.
(4) A member of the BOG who fails to attend three consecutive meetings in a year shall ipso facto cease to be member and the election or appointment process shall be initiated in consonance with the provisions hereof:
Provided that in pursuance of sub-paragraph (5) below, if such member is removed, he shall not be eligible to contest election for BOG or for any other post of the Board whether honorary or otherwise, for a period of two years:
Provided further that the member elected under this sub-paragraph shall be member of the BOG for the remaining term.
(5) The Chairman may, after giving reasons in writing, refer any complaint relating to a member of the BOG involving conduct unbecoming of a member, to an adjudicator from the panel of adjudicators maintained by the Board under Part VIII. Any member against whom such proceedings are initiated shall not be allowed to attend any meeting of the BOG or any committee till the decision of the adjudicator. In the event the adjudicator concludes that the allegations against the member stands proved, the said member shall be removed from BOG with immediate effect. Any such member shall be ineligible to contest any elections held under the auspices of the Board for a period of five years.
(6) The Chief Operating Officer shall attend all meetings of the BOG but shall not be entitled to vote.
(7) There shall be a secretary of the BOG appointed by the Chairman to record and maintain minutes of the meeting.
- Meeting of BOG.—(1) At least one meeting of the BOG shall be convened in every quarter of a calendar year by the Chairman.
(2) The quorum of the meeting shall be twenty-five per cent of total voting membership of the BOG.
(3) If, at any meeting, there is no quorum, the meeting shall be adjourned to a day not earlier than seven days therefrom:
Provided that the members who were not present in the original meeting shall be given notice of the adjourned meeting.
(4) The Chairman shall convene a special meeting of the BOG within fifteen days of the date of receipt of a requisition, in writing, from not less than fifty per cent of total voting membership of the BOG.
(5) All decisions at a meeting shall be taken by majority vote.
(6) No proxy shall be allowed to attend or vote at any meeting of the BOG.
(7) In case the number of votes is equally divided in any BOG meeting, the Chairman shall cast a second vote.
- Power, duties and functions of the BOG.—The BOG shall have the following powers, duties and functions, namely:–
(a) formulate, regulations, code, operation manual and to devise policy relating to disciplinary, service or any other matter for the players, player support personnel, Board’s employees or those affiliated with or controlled by the Board;
(b) take effective measures for carrying out the aims and objects of the Board;
(c) endorse the appointment of the recommended appointee as the Chairman;
(d) appoint the Election Commissioner and determine the terms and conditions thereof;
(e) appoint or remove independent adjudicators on the panel of adjudicators;
(f) manage the affairs of the Board and ensure that the provisions of the Constitution and regulations are complied with in all respects by all members, the cricket associations and their constituents;
(g) shall ensure that the programmes formulated and resolutions passed by the General Body are fully implemented;
(h) shall submit an annual report in respect of its activities for consideration of the General Body;
(i) may provisionally admit service organizations or Departments to associate membership till the meeting of the General Body;
(j) may make recommendations to the General Body for the grant or removal of honorary membership ;
(k) appoint a chartered accountant firm as the auditors of the Board for a financial year and to fix their remuneration;
(l) approve the annual budget of the Board;
(m) approve the annual audited accounts of the Board and present the same in the Annual General Meeting;
(n) communication with the Federal Government through the concerned Ministry in the manner as prescribed in the Rules of Business of the Board;
(o) consider and decide matters not covered by the regulations and to take such other steps as may be necessary and expedient to carry out the objects and functions of the Board.
- Regional Cricket Associations.—(1) All Regional Cricket Associations shall adopt the model constitution provided by the Board and replace their respective constitutions within three months of the effective date of the Constitution made by the Board.
(2) The Regional Cricket Associations shall be responsible to promote, develop, regulate and maintain general control of cricket in the respective regions.
(3) The Regional Cricket Associations shall coordinate activities in respect of cricket in all ways and manners including the holding and organizing of tournaments.
(4) The Regional Cricket Associations may receive funds from the Board and also generate funds through their own efforts, for utilization by themselves and for onward transmission to the District and City Cricket Associations. The Regional Cricket Associations shall ensure proper and transparent application of such funds and shall provide audited accounts thereof to the Board.
(5) The Electoral College for the Regional Cricket Association’s elections shall be the elected representatives of District Cricket Associations.
- District Cricket Associations.—(1) All District Cricket Associations shall adopt the model constitution provided by the Board and shall replace their respective constitutions within three months of the effective date of the Constitution made by the Board. The District Cricket Associations shall perform their functions under the guidance and supervision of their respective Regional Cricket Associations.
(2) The electoral college for the District Cricket Association’s elections shall be the active clubs on the basis of one-club, one-vote.
- General Body.—There shall be a General Body of the Board consisting of the following, namely:—
(b) Chief Financial Officer;
(c) Chief Operating Officer;
(d) One representative each of all Full Members;
(e) One representative each of Associate Members;
(f) Honorary members;
(g) One representative of Board’s Women’s Wing.
- Full members.—(1) The following shall be the Full Members having voting rights, namely:—
(a) all Regions declared and recognized as such by the Board. The Presidents of these Regions shall be entitled to attend and cast vote at the General Body meetings;
(b) all Departments playing first class cricket. The heads of sports Department of these organizations shall be entitled to attend and vote at General Body meetings;
(c) Pakistan Blinds’ Cricket Council and Pakistan Deaf and Dumb Cricket Association respectively shall be entitled to attend and vote at meetings through their elected Presidents;
(d) head of Veterans’ Cricket Association which is recognized by the Board;
(2) Each Full Member shall pay to the Board an annual subscription as prescribed by the Board from time to time.
- Associate Members.—The following shall be the Associate Members with no voting rights, namely:—
(a) District Cricket Associations having playing rights represented by their respective Presidents. Where Presidents of District or City Cricket Association are already elected as “Full Members”, the Secretaries of said District or City Cricket Association shall be entitled to attend the meetings;
(b) one representative each from Azad Jammu & Kashmir, Federally Administered Tribal Areas, Provincially Administered Tribal Areas and Northern Areas;
(c) Departments playing Patron’s Trophy for the last five years. The head of sports Department each of these Departments shall be entitled to attend the General Body meetings.
(d) every Associate Member shall pay to the Board an annual subscription as prescribed by the Board from time to time.
- Honorary Members.—(1) The Honorary Members shall be, namely.—
(a) a former cricket player who has represented Pakistan;
(b) a distinguished person, business firm or a company etc. who contribute Ten Million Rupees or more to the funds of the Board for promotion of cricket in Pakistan;
(c) a person who has rendered meritorious services for the promotion of cricket; and
(d) all former Chairmen of the Board and former Chairmen of Ad-hoc Committees.
(2) The Honorary Members shall have no voting rights in meetings of the General Body.
- Undertaking by members of the General Body.—(1) Every member of the General Body shall undertake to,—
(a) achieve the objects and purposes of the Board;
(b) abide by the directions of the Board and meet all its obligations including those with regard to the payment of registration fees, annual subscriptions and match guarantee money, as may be fixed or settled by the Board from time to time;
(c) abide by the Code of Conduct and the discipline and control of the Board and to give effect to the regulations made by the Governing Board; and
(d) participate in all tournaments or matches as may be organized by the Board and hold not less than two cricket tournaments in every calendar year for the Association or Active Clubs affiliated to it.
(2) The sub-paragraph (1) above shall ipso facto apply to Regional or City or District Cricket Associations.
- Functions of the General Body.—(1) The General Body shall recommend to the Governing Board to,—
(a) admit to Full Membership of the Board Regional Cricket Associations, District Cricket Associations and Service Organizations that are eligible hereunder; and
(b) grant Associate Membership of the Board to an Association or Honorary membership to any person.
(2) The General Body shall,–
(a) consider and if deemed necessary, express its views in respect of the annual report and the future programmes of the Board furnished by the BOG;
(b) consider and if deemed necessary, express its views in respect of the audited accounts and budget estimates; and
(c) furnish its recommendations to the BOG for approval of grants to the Regional Cricket Associations and District Cricket Associations for development of the game at the Regional and District levels and for the promotion of cricket at the grass roots level.
- Annual General Meeting.—(1) An Annual General Meeting of the General Body shall be held every year.
(2) The time, place and date of the annual general meeting shall be fixed by the BOG and the notice for the meeting together with the agenda thereof shall be issued to all persons entitled to attend the meeting at least fifteen days before the date of the meeting.
(3) The Chairman shall preside over the meetings of the General Body and in his absence, the member of BOG nominated by him, shall preside over such meeting:
Provided that the Patron may preside over the meeting of the General Body, if he so desires.
- Special meetings.—The Chairman may at any time, convene a special meeting of the General Body after giving reasonable notice to the Full, Associate and Honorary Members.
- Special meeting by requisition.—(1) Not less than fifty per cent of the total number of Full Members may in writing, make a requisition to the Chairman to convene a special meeting of the General Body specifying the purpose and the matters requiring attention of the General Body.
(2) The Chairman shall convene a meeting of the General Body within fifteen days of the receipt of such requisition, notice of which shall be issued to all members of the General Body at least seven days prior to the meeting.
- Quorum.—(1) One-third of the total number of the Full Members of the General Body shall constitute quorum.
(2) If at a meeting, the quorum is not present, the meeting shall be adjourned to a day not later than ten days therefrom:
Provided that the members who were not present in such meeting shall be given notice of the adjourned meeting.
- Defaulters not to vote.—A member of the General Body who has not cleared its dues at least seven days prior to the date of meeting shall neither be entitled to attend the meeting nor to cast vote.
- Decisions by majority.—All decisions at any meeting shall be taken by the majority of the members of General Body present.
- Place of meeting.—Unless the Chairman otherwise directs, all meetings of the General Body shall be held at Lahore.
- Procedure.—The General Body may regulate its procedure and conduct of business.
NOMINATION COMMITTEE AND APPOINTMENT OF CHAIRMAN
- Nomination Committee.—A Nomination Committee shall be formed at least three months prior to the expiry of tenure of the Chairman or immediately upon the office of the Chairman falling vacant for any reason whatsoever. The Nomination Committee may meet as many times as deemed necessary to consider the names of two or more individuals recommended by the Patron for the post of the Chairman. The individuals, in order to qualify for recommendation for the office of Chairman, shall possess experience of management or administration.
- Discussion by the Nomination Committee.—The Nomination Committee, within one week from the date of receipt of nomination by the Patron, shall meet to discuss and evaluate the names of individuals for the office of Chairman and unless unanimously rejected by it with reasons, recommend to the BOG one of the individual aforesaid for the post of Chairman. In the event the Nomination Committee fails to take any decision in the said meeting, the name forwarded by the Patron, at serial number one shall be deemed to have been recommended to the BOG. The Chairman shall be appointed for a period of four years and shall be eligible for reappointment.
- Decision by BOG.—The BOG, unless it unanimously rejects the said nomination in a meeting to be held within one week of receipt of name from the Nomination Committee, shall formally endorse the appointment of the recommended nominee as the Chairman. In the event the BOG fails to take decision in the said meeting, the nominee recommended by the Nominations Committee shall be deemed to be formally appointed:
Provided that in case the BOG unanimously rejects the nominations by the Nominations Committee, the entire process as given afore will start de novo with fresh nominations to be made by the Patron.
- Charge of the office.—The Chairman so appointed or reappointed, shall assume charge of the office upon expiry of the tenure or forthwith as the case may be.
ELECTION AND SCRUTINY
- Election Commissioner.—(1) There shall be an Election Commissioner of the Board appointed from time to time for the functions as envisaged herein. The eligibility criteria and process of appointment of Election Commissioner shall be as follows.—
(a) a retired judge of the Supreme Court or High Courts or a person qualified to be appointed as a judge of High Courts shall be appointed as Election Commissioner for a period of three years; and
(b) the Chairman shall refer a name of suitable candidate to the BOG for appointment of the Election Commissioner.
(2) The terms and conditions for the post of Election Commissioner shall be determined by the BOG.
(3) The Election Commissioner shall not hold any other position, with or without salary in the Board or any other organization.
(4) The BOG shall approve the budget for the Election Commissioner’s office.
(5) The BOG shall appoint the scrutiny committees to scrutinize the eligible clubs and associations for holding elections.
(6) The Election Commissioner shall have the power and responsibility to undertake holding and monitoring of Elections of Regional, District and other Cricket Associations as well as Service Organizations or Departments, being Full or Associate members.
FINANCIAL MANAGEMENT OF THE BOARD
- Funds of the Board.—There shall be one or more funds maintained by the Board with the financial institutions as may be determined by the Chairman, to which shall be credited all donations, subscriptions, fees and all other moneys payable to, or receivable by the Board.
- Rates of fee and subscriptions, etc.—(1) The BOG may, from time to time, determine and prescribe the registration fees, tournament fees, annual subscriptions and any other charges payable to the Board.
(2) Subject to the provisions of the sub-paragraph (1) the Full Members and the Associate Members shall pay to the Board an annual subscription as prescribed by the BOG from lime to time.
- Budget, accounts and audit.—(1) The Chief Financial Officer shall prepare the Board’s budget in respect of each financial year in accordance with the prescribed procedure.
(2) The Chief Financial Officer shall be responsible for maintaining complete, updated and accurate books of accounts relating to the actual expenses and receipts including but not limited to expenditure on salaries, development projects and other activities.
(3) The Board shall follow financial, procurement and other regulations as framed from time to time.
(4) While framing such regulations, the Board shall follow the international best practices and standards to ensure transparency and accountability.
(5) Notwithstanding anything contained in this paragraph, the Patron may direct for a special audit of the accounts of the Board as and when deems fit and necessary.
- Suspension of Membership.—(1) If at any time, the Board is of the opinion that the affairs of any Full or Associate Member are not being carried out in accordance with the Constitution of the Board or any regulation(s) framed thereunder or the same are being violated, or such member no longer fulfils the qualifications for membership of the Board or has failed to abide by the undertaking given by it under Paragraph 18 or has failed to meet its financial obligations to the Board, it may institute an inquiry.
(2) If the inquiry confirms any of the violation mentioned in sub-paragraph (1), the Board may suspend the membership of such member for reasons to be given in writing provided that any order of suspension shall be passed only after affording such member full opportunity to explain its position. Provided further that the period of suspension shall not exceed three months.
- Appointment of Ad Hoc Committee,—Whenever the membership of any Full or Associate Member is suspended under paragraph 36, the Board may appoint an Ad hoc Committee for a period of three months consisting of a chairman and as many members as deemed necessary for managing the affairs of the suspended member.
- Appeal against suspension.—The suspended Member may prefer an appeal within thirty days of the order of suspension under Paragraph 36 of this Constitution.
- Restoration of membership.—During the period of suspension, the Board may restore the membership of the suspended member on such terms and conditions as it may consider appropriate.
DISPUTE RESOLUTIONS OR APPEALS
- Panel of Adjudicators.—(1) The Board shall maintain a panel of independent adjudicators for resolution of disputes, hearing of appeals against order of PCB or officials appointed by PCB and hearing of complaint against any member of BOG. The panel of adjudicators shall consist of the former Judges of the Supreme Court or the High Courts of Pakistan or eminent advocates qualified to be a judge of High Court.
(2) Any association or active club or Regional Cricket Association, member or any other person aggrieved by the decision of scrutiny committee or of the Election Commissioner or by any other decision of the Board may file an appeal against such decision with the BOG within thirty days of the decision. Such appeal shall be referred by the BOG to an adjudicator selected from amongst the panel maintained by the Board.
(3) If no such appeal is filed under sub-paragraph (2), the decision shall attain finality.
(4) Any person or an entity may also refer any dispute with the Board under this Part for resolution of the same. Such dispute shall be referred for arbitration to an adjudicator selected from amongst the panel maintained by the Board to resolve the same through arbitration.
(5) A complaint against any member of BOG referred by the Chairman shall be heard by an adjudicator who shall decide the same within thirty days of taking cognizance of the same.
(6) The party aggrieved of the decision passed under sub-paragraph (5) may prefer an appeal within fifteen days of the date of decision. Such appeal shall be heard by a penal constituted for this purpose comprising of not less than three adjudicators selected from the panel of adjudicators.
(7) The adjudicator while hearing matters under this paragraph shall observe the principles of equity, justice and fair play which shall be the minimum standards of such hearing.
(8) In the hearings to be undertaken under this part, the adjudicator and the parties shall follow the procedure as prescribed. The cost of proceedings shall be shared equally between the parties. Such cost shall be determined by the Board from time to time.
SUPERSESSION OF THE BOARD
- Supersession of the Board.—(1) The Patron, in the presence of sufficient evidence and being satisfied that grave financial irregularities exists in the Board and that the Board is dysfunctional, may by order in writing reasons, supersede the Board and appoint an interim committee consisting of an administrator and as many members as deemed necessary for carrying out the functions of the Board:
Provided that such supersession shall not remain in force for a period more than ninety days and efforts shall be made by the interim committee to immediately take steps for the formation of a BOG and appointment of a Chairman as provided under this Constitution.
(2) The interim committee shall assume all functions of the Board and references to the BOG, the General Body and the various functionaries under the Constitution shall mean reference to the interim committee.
(3) The interim committee shall ensure that the elections of Presidents of the Regional Cricket Associations and representatives of Service Organization or Departments are held in accordance with the election rules devised by the Board. The Presidents of Regional Cricket Associations and representatives of Service Organizations or Departments under the superseded setup shall not be allowed to contest elections.
(4) Upon completion of elections under sub-paragraph (3) above, the interim committee shall duly notify the formation of the BOG after which the BOG, the General Body and other functionaries so formed or appointed under sub-paragraph (3) shall assume their functions under the Constitution and regulations.
(5) The appointment of the new Chairman shall be in accordance with the Nomination process given in Part IV of this Constitution.
(6) All acts done, proceedings taken and contracts entered into by an interim committee during its tenure, shall be deemed to have been so done, taken and entered into lawfully and validly and shall be binding upon the Board.
- Power to make regulations.—The BOG may make regulations for the following, namely:—
(a) utilization by the regional cricket associations or district cricket associations amongst its constituent members of its share of proceeds of a cricket match organized by it or by one of its constituent members against the game of a foreign country or of the grants made by the Board, the Federal Government or the Provincial Government;
(b) holding of elections for the Regional Cricket Associations or District Cricket Associations and clubs including the scrutiny;
(c) conduct of holders of offices in the regional cricket associations or district cricket associations and the service organizations, their constituent members and players selected to represent Pakistan in any international tournament;
(d) administrative, service or human resource or any other rules and regulations; and
(e) any other matters it may consider necessary for achieving uniformity and coordination among the constituent members, or conduct of tournaments organized by the various cricket associations for the purpose of improving the standards of the game.
- Bar against more than one office, etc.—No member or employee of a service organization which is a full member or associate member shall hold office in any Regional, City or District Cricket Association.
- Bar against the employees of the Board.—(1) No employee of the Board shall be eligible to contest any elections of the Board nor any elections held under the aegis of the Board.
(2) No employee of the Board shall be nominated on the BOG.
- Repeal and savings.—(1) The Ministry of Sports Notification No. S.R.O. 64 (E)2007, dated the 20th September, 2007, is hereby rescinded.
(2) Notwithstanding anything contained in sub-paragraph (1)—
(a) all employees of the Board appointed under the Notification referred in sub-paragraph (1) or any regulations or contracts of service shall, unless terminated or removed in accordance with the terms and conditions of their employment, continue to be the employees of the Board under the Constitution, rules or regulations, etc; and
(b) all regulations, policies and any other instructions or directions made or issued by the Board at any time under the Notification mentioned in sub-paragraph (1) shall, if not inconsistent with the provisions of this Constitution, be deemed to be regulations, policies, instructions or directions under this Constitution and shall continue to be in force until repealed, rescinded or modified in accordance with the provision of this Constitution.
- Transitional Arrangements.—On the commencement of this Constitution, the present management of the Board including the Governing Board, the Chairman, General Body, the Chief Operating Officer and Chief Financial Officer shall continue to perform their functions and exercise their powers till expiry of their terms or any notification in respect thereof, whichever comes first:
Provided that all appointments shall be made in accordance with the provisions hereof. The BOG, Chairman and the General Body shall deemed to be eligible and duly nominated for consideration by their respective appointing mechanism. The Chairman in office at the time of enactment of this Constitution will be deemed to be the recommended nominee of the Patron to be considered and dealt with by the Nomination Committee as required under paragraph 29:
Provided further that in case of enlargement of the BOG, the new appointments shall be made for the remaining term.