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REGISTEREDNo.M-302 I L'76/,6 @$eGgq,ffi d Saltdtlrr -..--_ EXTRAORDINARY PUBLISHED BY AUTHOBITY

ISLAMABAD, TUESDAY ruNE 5, 2018

PART III

Other Notifications, Orders, etc.

NATIONAL ASSEMBLY SECRETARIAT

Islamabad, the 11th May, 2018

No. F. 22(3)/2018 Legis.-Pursuant to rule 235 (4) of the Rules of Procedure and Conduct ofBusiness in the NationalAssembly, 2007, the following reports of the Standing Committee, presented to the National Assembly on I lth May, 2018 are published for information:-

Rf,PORT OF THE STANDING COMMITTEE ON DEFENCE ON THE JOINT MARITIME INFORMATION ORGANIZATION BILL, 2OI8

l, the Chairman of Standing Committee on Defence, have the honor to present this report on the Bill to provide for constitution and regulation ofthe Joint Maritime Information Organization [The Joint Maritime Information Organization Bill, 201 81, referred to the Committee on l4th March, 2018.

2. The Committee consists the following:-

r 8l7( l-84)

Price : Rs. 150.00

[6014(20 I 8)/Ex. Gaz.] I8l7(2) THE GAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 [PARrlll

(l) Shaikh Rohale Asghar Chairmrn (2) Mr. Tahir Bashir Cheema Member (3) Mr. Isphanyar M. Bhandara Mentber (4) Sheikh Muhamrnad Akrarn Member (s) Ms. Surriya Asghar Member (6) Sardar Muhammad Shafqat Hayat Khan Member (7) Syed Mustafa Mehmud Member (8) Mr. Nawab Ali Wassan Member (e) Dr. Fehmida Mirza Member ( l0) Dr. Shireen MehrLrnnisa Mazari Mentber (l 1) Mr. Sanjal, Perwani Mentber (12) Ms. Kishwer Zehra Member (13) Mr. Mahmood Khan Achakzai Member (14) Ch. Pervez Elahi Member (ls) Mr. Muhammad [jaz-u1 -Haq Member (16) Shaikh Fayyaz-ud-Din Member (17) Lt. Col. (Retd) Ghulam Rasul Sahi Member (18) Saeed Ahmed Khan Manais Member (le) Malik Muhammad Amir Dogar Member (20) Mr. Shafqat Mahmood Member (21) Engineer Khurram Dastgir Khan, Ex-officio Member Minister for Defence

3. The Committee considered the Bill as introduced in the National Assembly placed at Annexure-A in its meeting held on 4th April, 20 l8; and proposed the following amendments:-

Clause 5

In clause 5, in sub-clause (l), the word "etc", appearing after the word "fishing", shall be deleted.

4. The Committee recommends that the Bill placed at Annexure-B may be passed by the Assembly. However the Note ofdissent of Dr. Shireen Mehrunnisa Mazari, MNA is placed at Annexure-C.

sd/- sd/- (TAHIR HUSSAIN) (SHAIKH ROHALE ASGHAR) Secrelary C hairman lslamabad, the l2th April, 2018 Standing Committee on Defence. Penrtltl THE GAZETTE OF PAKISTAN, EXTRA., JUNEs,2018 18113)

[As IN tRoDr]cED rN THD NAITONAL ASSEMBTXI

BII,I,

to provide for constitittion and regulation of the Joint Maritime Information Organization

WtIEREAS it is expedient to constitute a Joint Maritime lnformation Organization to synergize efforts ofall organizations and agencios, information sharing for Maritime Security and to provide for matters connected therewith or ancillary therefore;

It is herebv enacted as Ibllows: -

l. Short title, extent, application and commencement.{ I ) This Act may be called the Joint Maritime information Organization Act, 201 8.

(2) It extends to the whole of Pakistan

(3) It shall apply to all Ministries, Divisions, Departments and Agencies related to maritime sector including the law enforcement agencies at sea specified in Schedule-l to this Act.

(4) It shall come into force at once.

2. Definitions.-< I ) In this Act, unless there is anyhing repugnant in the subject or context,-

(a) "JMIO" means the Joint Maritirne Intbrmation Organization established under section l:

(b) 'JMICC" means the Joint Maritime Information and Coordination Centre, established under clause (a) of sub-section (2) of section 5;

(c) "Maritime Interests ofPakistan" includes rights, control, j urisdiction and sovereignty over Maritime Zones and the sovereign rights of Pakistan to explore, exploit, conserve, manage the living and nonJiving resources and other activities for economic exploitation, exploration and to safeguard the un-authorized exploitation ofresources ofPakistan seas, sub-soil and prevention thereto from damage through pollution or any other means: l8l7(4) THE CAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 [Perrtll

(d) "Maritime Zones" means the Territorial Sea, the Contiguous Zone, Continental Shelfand Exclusive Economic Zone ofPakistan as defined in the Territorial Waters and Maritime Zones Ac! 1976 (LXXXll of 1976), or any other zone or area declared as such by the Federal Govemment and includes the internal waters;

(e) "Maritime Domain Awareness" means the effective understanding of anything associated with the maritime domain that could impact the security, safety, economy or environment ofthe country;

(f) "Concemed Agencies" means those agencies, departments, Ministries which are specified in Schedule-l;

(g) "Director" means the officer in command of JMICC appointed under sub-section 12) of section 3l

(h) "prescribed" means prescribed by the rules made under this Act; and

(i) "rules" means rules made under this Act.

(2) All words and expressions used but not defined in this Act shall, unless the context otherwise requires, have the same meanings as assigned by Pakistan Navy Ordinance, 196l (XXXV of l96l).

3. Constitution of Organization.{ I ) The Federal Govemment may by notification in the official gazette, constitute a Joint Maritime Information Organization (JMIO).

(2) The JMIO shall consist of a Director to be appointed by the Naval Headquarters from amongst the officers of Pakistan Navy and such other officers and members of the staff for smooth functioning of the organization as may be prescribed.

(3) The head ofConcemed Agency shall be authorized to appoint, depute or attach officers including civilian officers and othermembers ofthe staffto JMICC. Duties to be performed by these officers or staffmay be determined by the Director.

(4) The JMIO shall be manned by officers and staff of Pakistan Navy and representatives of Concemed Agencies on deputation or attachment from the respective Concemed Agency.

4. Control, su perintendence, command and administration of JMIO.- Subject to overall control and superintendence ofthe Federal Govemment, PARrllll THE GAZETTE OF PAKISTAN, EXTRA., JLINE5,2018 l8l(5) the command and adm in istration ofJMIO shall vest in JMICC, and shall be exercised by the Director as its chiefexecutive in accordance with the provisions ofthis Act and the rules made thereunder.

5. Powen and functions of JMIO.{ l) All Concerned Agencies as specified in Schedule-l to his Act shall be responsir',ls 16 share information with JMICC on terrorism, subversive and criminal activities which include human trafficking illegal arms transportation, sml'ggling ofcontraband goods, drug trafficking and illegal fishing etc. JMICC shall be responsible to coordinate and disseminate actionable information with the Concerned Agency to generate. immediate and effective response.

(2) Without prejudice to the generality ofthe provisions ofsub-sect.ion ( I ), the lunctions of JMIO shall be to-

(a) establish JMICC at Pakistan Navy Ship QASIM at Karachi under the auspices of Pakistan Navy:

(b) manage and maintain the expeditious flow of information relating to incidents of maritirne terrorism, piracy, distress at sea, environmental protection, illegalfishing and any other illegalactivity within Pakistan's maritime jurisdktion;

(c) collect, collate and analyze the information received from any ofthe Concerned Agencies or organization including other relevant information, ifany, relating to individuals and transnational organized criminal groups iniend committing illegal activities along the coastal areas including act ofterrorism against ships within Maritime Zones including ports and harbours;

(d) prepare statistics and reports on the basis ofthe information gathered and analyzed under clause (c), and to disseminate them to the Concemed Agencies or organizations, as far as possible;

(e) provide an appropriate alert, whenever possible, to the Concemed Agencies if there is a reasonable ground to believe that a threat of incidents ofillegal act along the coastal areas including act ofterrorism against ships within Maritime Zones including ports and harbour is imminent;

(t) coordinate and share available information on shipping and on criminal groups and individuals with regional and international Maritime Information Sharing Organizations and Centers for Maritime Domain Awareness; IEI16) THE GAZETTE OF PAKISTAN, EXTRA., JLINE5,2OI8 [PART UI

(g) prepare non-classified statistics and reports based on information gathered and anrlyzed under clause (c) and to disseminate them to the shipping community and the Intemational Maritime Organizations;

(h) perform such otherfunctions as may be agreed upon by the Concemed Agencies with a vierv to preventing illegal acts within Pakistan's maritime jurisdictionl and

(D perform such other functions as may be assigned to it by the Federal Govemment, from timeto time, to protect maritime interests of Pakistan.

(3) In performance of its functions, the JMIO shall respect the confidentiality of information provided by any Concemed Agency and shallnot release or disseminate such information unlessthe consent oflhatAgency is taken in advance.

6. Application of certain laws.{l) Subject to the provision of this Act. every officer and member ofthe staffshall, whether appointed through initial recruitment or otherwise, unless he is already so subject, be subject to the Pakistan Navy Ordinance,l96l (XXXV of l96l).

(2) Nohvithstanding anything contained in sub-section ( l), a civil servant transferred to the JMIO on deputation or a person subject to the Pakistan Arnly Act, 1952 (XXXIX of I 952), or the Pakistan Air Force Act, I 953 (XXXV of 1953), on secondment ofthe JMIO, flot otherwise subject to this Act, shall be so subject to this Act and the Pakistan Navy Ordinance, 196l (XXXV of 196l), to the extent and under such conditions as the Federal Govemment may direct, provided that such c ivil servant and that other person shall be subject to the said Ordinance rvhen he-

(a) seduces or attempts to seduce any person subject to this Act from his duty or allegiance to the Govemment;

(b) commits any offence in relation to any work ofdefence, arsenal, naval, military, air force or JMIO's establishment or station;

(d) commit any offence punishable under any law for the time being in force on the establishment, station or property ofthe JMIO or in relation thereof.

7. Indemnity.-No suit, prosecution or other legal proceedings shall lie against any person for anyhing which is in good faith done or intended to be done under this Act or any rules or regulations made thereunder. PARr IIII THE GAZETTE OF PAKISTAN, EXTRA., JUNEs,2018 lSl(7)

8. Power to make rules.-The Director may, with the approval of Federal Governmeng make rules consistent with thisAct for carrying out the purpose of this Act.

9. Oath of allegiance.-Every member of JMIO shall, as soon as possible afterappointment or enrolment to the JMIO, make and subscribe before his Director or any other officer appointed by the Director on his behalf, an oath in the form set out in Schedule-Il to-this Act.

10. Power to amend Schedule.-The Ministry of Defence may, by notification in the Ofiicial Gazette. amend Schedule-I to this Act.

SCHEDULE-I

[See sub-section (3) ofsection I and sub-section (l) ofsection 5]

S. No. Concerned Agencies

(l) (2) (3)

I Fcderal InvestigationAuthority (lmmigration)

2. Pakistan Coast Guard (PCG) Ministry of Interior

l Pakistan Rangers (Sindh)

4 Directorate of Ports and Shipping at Karachi

5 Mercantilc Marine Depanment (MMD)

6 Karachi Pon Trust (KPT)

1 I'orr Qasim Authorit) (PQA)

8 Gwadar Port Authority (CPA) Ministry of Maritimc ' Arlairs 9. Fishery Dcpartment Sindh

t0. Pakistan National Shipping Corporation (PNSC)

II Marine Fishery Department (MFD)

Korangi Fish Harbour (KoFH)

t3 Pakistan Marinc Academ! lYin Food l4 Irishcry Development Board (FDB) istry of National Security and Research

I5 Nstional lnstilute of Oceanography (NIO) I Ministry of Sciencc l6 Space and Upper Atmosphere Rescarch snd Technology Commission (SUPARCO) l8l7(8) THE GAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 [Pr'mlll

(l) (2) (3)

17. Anti-Narcotics Force (Sindh and Balochistan) Narcotics Control Division

18. Customs l)cpanment (Sindh and Balochistan) Revenue Division/FBR

t9 Pakistan Army (Soulhem Command/HQ 5 Corps)

Pakistan Maritime Security Agency (PI\4SA) Ministrv of Defence

2l lnter-Scrvices Intelligcnce (lSI)

22. Institutc of Maritime Affairs (lMA)/ PN

21 Commissioner OIIice (Karachi)

2! Karachi l-ish Harbour Aurhorit) (KFHA)

25 Sindh Police Governrrent of Sindh

26 l'isherman Cooperative Society (F'CS)

21 Rescue Dept. Hawks Bay '

28 Provincial Disaster Management Authority, Sindh

29 Gadani Ship Breaking Association (GSBA)

3C Iiishery Department Balochistan Government of Balochistan

3l Balochistan Police

l2 l']rovincial Disaster Management Authority, Balochistan

Pakistar Shipping Agents Association (PSAA)

34 l'akistan Sea Friends Welfare Organization

35. Native Island Fisherman Association (NIFA)

36. F'ishcrman Awareness Forum (l-AF)

31 Pakistan Fisher Folk Forum (PFFF) Misccllane6us/ Privat€ 38. Sind l'rawler (Jwners & Fishermen Association (s1oFA)

39 Cargo Dhow Operator (CDO)

40 IlringingYou Clear Option (BYCO)

4t l)assenger Iloat Association (PBA)

12 Ferr! Operator Chuma Panrllll THE GAZETTE OF PAKISTAN, EXTRA., JLINEs,2018 18119)

SCHEDULE.II

[.9ae section 9]

l, _do solemnly swear that I shall bear true faith and allegiance to Pakistan;

That as an officer or member of the staf'f of Joint Maritime Information Organization, I shall discharge my duties and perform my functions faithfully and honestly, to the best ofmy ability and in accordance with the Constitution and the laws ofthe Islamic Republic ofPakistan, without fear, favour, affection or ill-rvill.

That I shall not allow my personal interest to influence my official conduct or my official decisions.

May Allah Almighty help and guide me (Ameen).

Date:

STATEMENT OF OBJECTS AND REASONS

Pakistan Navy conceived Joint Maritime Infbrmation Organization (JMIO) concept in 2012 to establish a formal mechanism for effective exchange of Maritime related information between all stakeholders. Consequently, a Joint Maritime Information Coordination Centre (JMICC) was established under the auspices of Pakistan Navy at PNS Qasim, Karachi on 07 February, 2013.

2. Maritime security has assumed significant importance in contemporary global environment. Major'threats emanating at sea include piracy, transnational criminal activities, illegal fishing, smuggling, human and drug trafficking, gun running. etc. These threats can assume asymmetric proportions for the state. Early detection and timely waming to various agencies responsible formaritime security willenable coordinated, imrnediate, and effective response to emerging situations. Majority of the maritime states have already restnlctured their rnaritime security organizations under a similar ccncept.

3. JMIO will act as a nerve centre for collecting, fusing, and dissenrinating information related to maritime domain to ail stakeholders. Since the concept involves a number of stakeholders/agencies, rvhich had peculiar command structure and organizations, thereforg a Bill passed by Parliament in considered imperative to achieve seamless integration ofall the organizations.

ENGINEER KHURRAM DASTGIR KHAN, Minister for Defence. 1817(10) THE GAZETTE OF PAKISTAN, EXTRA., JLINE5,20l8 [P^Rrlll

A n ncx- IJ ,I.HE [AS REPoRTED I]Y STANDING CoMMII'I.EE]

BILI,

to provide for constitulion and regulation of the Joint Maritime inforntatiort Organization

WHEREAS it is expedient to constitute a Joint Maritime Information Organization to sl.nergize efforts ofallorganizations and agencies, information.sharing for Maritime Security and to provide for matters connected therewith or ancillary thereto;

It is herebr enacted as follows:-

L Short title, extent, application and commencement.-{ I ) This ,\ct rnay be called the Joint Maritime lnformation Organization Act, 2018.

(2) [t extends to the rvhole of Pakistan,

(3) It shall apply to all Ministries, Divisions, Departments and.Agencies related to maritirne sector including the law enforcement agcncies at sea specified in Schedule-l lo this Act.

(4) It shall come into force at once.

2. Definitions.--{ I ) In this Act, unless there is anything repugnant in the subject or context,-

(a) "JMIO" means the Joint Maritime Information Organizrtion establish€d under section 3;

(b) 'JMICC" means the Joint Maritime Information and Coordination Centre, established under clausc (a) ofsub-section (2) ofsection 5;

(c) "Maritime Interests of Pakistan" includes rights, control, jurisdiction and sovereignp over Maritime Zones and the sovereign rights of Pakisan to explore, exploit, conserve, manage the living and nonJiving resources and other activities for economic cxploitation, exploration and to safeguard the unauthorized exploitation ofresources of Pakistan seas, sub--soil and prevention thereto fiom damage through pollution or any other means; P,trt llll THE GAZETTE OF PAKISTAN, EXTRA., JUNE 5, 20lE l8l7(l l)

(d) "Maritime Zones" means the Territorial Sea, the Contiguous Zone, Continental Shelfand Exclusive Economic Zone ofPakistan as defined in the Territorial Waters and Maritime Zones Ac! 1976 (LXXXII of 1976), or any other zone or area declared as such by the Federal Govemment and includes the intemal waters:

(e) "Maritime Domain Awareness" means the effective understanding of . anlhing associated with the maritime domain that could impact the security, safety, economy or environment ofthe country;

' (f) "Concemed Agencies" means those agencies, departrnents, M inistries which are specified in ScheduleJ;

(g) "Director" means the officer in command of JIMICC appointed under sub-section (2) ofseclion 3:

(h) "prescribed" means prescribed by the rules made under this Act; and

(i) "rules" means rules made under this Act.

(2) All words and expressions used but not defined in this Act shall, unless the context otherwise requires, have the same meanings as assigned by Pakistan Navy Ordinance, l96l (XXXV of 196l).

3. Constitution of Organization.{l) The Federal Govemment, may by notification in the official gazette, constitute a Joint Maritime lnformation Organization (JMIO).

(2) The JMIO shall consist ofa Director to be appointed by the Naval lleadquarters from amongsl the officers of Pakistan Navy and such other olficers and members of the staff for smooth functioning of the organization as may be prescribed.

(3) The head of Concemed Agency shall be authorized to appoint, depute or attach offrcers including civilian officers and other members ofthe staffto JMICC- Duties to be performed by these officers or staffmay be determined by the Director.

(4) The JMIO shall be manned by oflicers and staff of Pakistan Navy and representatives of Concemed Agencies on deputation or attachment from the respective Concemed Agency.

4. Control, superintcndence, command and administration of JMIO.-Subject to overallcontrol and superintendence ofthe Federal Government, l8l7(12) THE GAZET-IE OF PAKISTAN, EXTRA., JLNE5, 2018 [Per rill the command and adm in istration of JMIO shall vest in JMICC, and shall be exercised by the Director as its chiefexecutive in accordance with the provisions ofthis Act and the rules made thereunder.

5. Powers and functions of JMIO.{l) All Concerned Agencies as specified in Schedule-l to this Act shall be responsible to share information with JMICC on terrorism, subversive and criminal activities which include human trafficking, illegal arms transportation, smuggling of contraband goods, drug trallicking, un-authorized exploitation ofmarine resources, and marine environmental degradation and illegal fishing. JMICC shall be responsible to coordinate and disseminate actionable information with the ConcemedAgency to generate immediate and effective response.

(2) Without prejudice to the generality ofthe provisions o suFsection (l), the functions ofJMIO shall be to-

(a) establish JMICC at Pakistan Navy Ship QASIM at Karachi under the auspices of Pakistan Navyl

(b) manage and maintain the expeditious flow of information relating to ihcidents ofmaritirne terrorism, piracy, distress at sea, environmental pr,tectioh, illegal fishing and any other illegal activity within Pakistan's maritime jurisdiction;

(c) collect, collate and analyze the information received from any ofthe Concerned Agencies or organization including othcr relevant information, ifany, relating to individuals and transnational organized criminal groups intend committing illegal activities along the coastal areas including act ofterrorism against ships within Maritirne Zones including ports and harboursi

(d) prepare statistics and reports on the basis ofthe information gathered and analyzed under clause (c), and to disseminate them to the Concemed Agencies or organizations, as far as possible;

(e) provide an appropriate alert, whenever possible, to the Concerned Agencies if there is a reasonable ground to believe tliat a threat of incidents ofillegal act along the coastal areas including act oftenorism against ships within Maritime Zones including ports and harbour is imrninent;

(f) coordinate and share available infbrmation on shipping and on criminal groups and individuals with regional and international Maritime Infonnation Sharing Organizations and Centers for Maritime Domoin Awareness; Prmllll THE GAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 l8l1l3)

(g) prepare non-classified statistics and reports based on information gathered and analyzed under clause (c) and to disseminate them to the shipping community and Intemational Maritime Organizations;

(h) perform such other functions as may be agreed upon by the Concemed Agencies with a view to preventing illegal acts within Pakistan's maritime jurisdiction; and

(i) perform such other functions as may be assigned to it by the Federal Govemmenl from time totime, to protect maritime interests ofPakistan.

(3) In performance of its functions, the JMIO shall respect the confidentiality of information provided by any Concemed Agency and shall not release or disseminate such information unless the consent ofthatAgency is taken in advance.

6. Application of certain laws.{l) Subject to the provision of this Act, every officer and mernber ofthe staffshall, whether appointed through initial recruitment or otherwise, unless he is already so subject, be subject to the Pakistan Navy Ordinance, I 961 (XXXV-of I 96 I ).

(2) Notwithstanding any,thing contained in sub-section (l ), a civilservant tl'ansferred to the JMIO on deputation or a person subject to the Pakistan ArmyAct, 1952 (XXXIX of 1952), or the Pakistan Air Force Act, 1953 (XXXV of 1953), on sccondment ofthe JMIO, not otherwise subject to this Act, shall be so subject to this Act and the Pakistan Navy Ordinance, 196l (XXXV of l96l), to the extent and under such conditions as the Federal Covemment may direct, provided that such civil servant and that other person shall be subject to the said Ordinance when he-

(a) seduces or attempts to seduce any person subject to this Act fiom his duty or allegiance to the Government;

(b) cornmits any offence in relation to any work ofdefence, arsenal, naval, military, air force or JMIO's establishment or station;

(d) commit any offence punishable under any law for the tirne being in force on the establishmenq station or property ofthe JMIO or in relation thereof.

7. Indemnity.-No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rules or regulations made thereunder. l8l7(14) THE CAZETTE OF PAKISTAN, EXTRA., JUNE5,20i8 [PARrlll

8. Power to make rules.-The Director may, with the approval ol Federal Govemment, make rules consistent with thisAct for carrying out the purpose of this Act.

9. Oath of allegiance.-Every member of JMIO shall, as soon as possible after appointment or enrolment to the JMIO, make and subscribe before his Director or any other officer appointed by the Director on his behalf, an oath in the fomr set out in Schedule-ll to-this Act.

10. Power to amend Schedule.-The Ministry of Defence may, by notification in the Oflicial Gazette, amend Schedule-I to this Act.

SCHE D U LE-I

[Sce sub-section (3) ofsection I and sub-section (l) ofsection 5]

S. No. Concerned Agencies

(l) (2) (J) I

I Fedcral Investigation Authorily ( lmmigrarion) l) Pakistan Coast Cuard (PCG) Ministry of lnterior I 3 Pakistan Ilangcrs (Sindh)

't Directorate ofPons and Shipping at Karachi

5 Mercantilc Marine Departmenl (MMD)

6 Karachi Port Trust (KPT)

1 Port Qasim Authority (PQA)

It Grvadar I'ort Authority (GPA) Ministry of Maritime Affairs

9 Fishcry Dcpartmcnt Sindh

IO Pakistan National Shipping Corporation (PNSC)

ll Marine Fishery Dcpanmcnt (MFD)

I2 Korangi Fish Harbour (KoFIl)

t3. Pakistan Marine Academv

I] Fishery Devclopment Boa.d (FDB) Ministly of Nrtional Food Security ind Research

t5 National Inslitute of Occanography (NlO) Ministry of Science and l6 Space and Upp€rAtmosphere Research Commission Technology (SUPARCO) P,urltll THE GAZETTE OF PAKISTAN, EXTRA., JLINE5,2018 l8l1l5)

(l) (2) (3)

t'i Anti-Narcotics Force (Sindh and Balochistan) Narcotics Control Division

18. Customs Depanment (Sindh and Balochistan) Revenue Division/FBR

l9 Pakistan Army (Southern Command./llQ 5 Corps)

20 Pakistan Maritimc Security Agency (PI\4SA) Ministry of Defence

21 Intcr-Serv ices lntell igence (l S I)

22. Institute of l\4aritime Affairs (ll\4A)/ PN

23 Commissioner Oflice (Karachi)

21 Karachi Irish Harbour Authority (KFHA)

25 Sindh Police Govern ment of Sindh

26. Fisherman Coopcrative Society (FCS)

21 I{cscue Dept tlawks Bay

28 Provincial Disaster ManagementAuthority, Sindh

29 Gadani Ship tlreaking Association (GSBA)

30 Fishery Department Balochistan Government of Balochistan ll Balochistan Police

32 Provincial Disaster Management Authority, Balochistan

3l Paktstan Shipping Agents Association (PSAA)

34 Pakistan Sea Friends Welfare Organization

35 Native Island Fisherman Associaiion (NIFA)

36. Fishemran Awareness Forum (FAl')

31. Pakistan Fisher liolk lrorum (PF-FF) Miscellnneous/Priv:rte 38 Sindh Trawlcr Owners & fishermcn Association (sTorA)

39 Cargo DhoN Opcralor (CDO)

10 Bringing You Clcar Option (BYCO)

4I Passenger Boat Association (PBA)

,t2 l-erry Opcrator Churna l8lllo THE GAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 [PARr lll

SCHEDU LE-II

[See section 9]

I, _ do solemnly swear that I shall bear true faith and allegiance to Pakistan;

That as an officer or member of the staff of Joint Maritime Infonnation Organization, I shall discharge my duties and perform my functions faithfully and honestly, to the best ofmy ability and in accordance with the Constitution and the laws ofthe Islamic Republic ofPakistan, without fear, favour, affection or ill-will.

That I shall not allow my personal interest to influence my official conduct ,rr my offic ial decisions.

May Allah Almighty help and guide me (Ameen),

Date

STATEMENT OF OBJECTS AND REASONS

Pakistan Navy conceived Joint Maritime Information Organization (JMIO) concept in 2012 to establish a formal mechanism for effective exchange ofMaritime related information between all stakeholders.. Consequently, a Joint Maritime Information Coordination Centre (JMICC) was established under the auspices of Pakistan Navy at PNS Qasim, Karachi on 07 February, 2013.

2. Maritime security has assumed significant importance in contemporary global environment. Major threats emanating at sea include piracy, transnational criminalactivities, illegal fishing, smuggling human and drugtrafficking, gun running, etc. These threats can assume asymmetric proportions for the state. Early detection and timely waming to various agencies responsible for maritime security will enable coordinated, immediate, and effective response to emerging situations. Majority of the maritime states have already restructured their maritime security organizations under a similar concept.

3. JMIO will act as a nerve centre for collecting, fusing, and disseminating information related to maritime domain to all stakeholders. Since the concept involves a number of stakeholders/agencies, which had peculiar command structure and organizations, therefore, a Bill passed by Parliament in considered imperative to achieve seamless integration ofall the organizations.

ENGINEER KHURRAM DASTGIR KHAN, Minisler for Defence. Pamtltl THE GAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 l8l7(17)

Annex-C NOTE OF DISSENT

Dqted 4th April, 2018

Amendments to Bill Jor constitution & regulation of the JMIO

The Bill is confused as it is unclear ofthe body being created is for information sharing, or security or intelligence gathering.

Article 7: It should be removed. There should be no general indemnity as it is subject to abuse.

Article 9: Not required except for private sector individuals so it should be amended and be private seclor specific.

Schedule l: Needs to be amended to include the Legal Division ofthe MFA as MFA most important Ministry in this area especially regarding EEZs, intemational treaties and law ofthe sea etc. and yet this Ministry has been totally overlooked.

Also, ISI should be excluded because it is as Intel agency that works covertly and should not be identified in a Bill ofthis sort.

Additionally, entities like BYCO, PBA and Ferry Operator Churna should be removed and instead the Maritime Authority can coopt any body it may want to at a particulartime that would also give it more flexibilityand adapability toevolving changes.

sd/- DR. SHIREEN MEHRUNNISA MAZARI, MNA ('r{A-30s) PTI.

REPORT OE THE STANDING COMMITTEE ON FINANCE, REVENUE AND f,CONOMIC AFFAIRS ON THE BANKS (NATIONALIZATION) (AMENDMENT) BILL, 2OT8

l, the Chairman of Standing Committee on Finance, Revenue and Economic Affairs have the honourto present this report on the Bill further to amend the Banks (Nationalization) Act, 1974 (XIX of 1974) lThe Banks (Nationalization) (Amendment) Bill, 20181 [Covemment Bill] referred to the Committee on l2th February, 201 8. 181116) THE GAZETTE OF PAKISTAN, EXTRA., JuNE5,20lE [PARTlll

2. The Committee consists ofthe following:-

(l) Mr. Qaiser Ahmed Shaikh Clruirman (2) Mr. Saeed Ahmed Khan Manais Menrber (3) Rana Shamim Ahmed Khan Member (4) Mr. Isphanyar M. Bhandara Member (s) Saydar Muhammad Jaffar Khan Leghari Mentber (6) Ms. Arifa Khalid Parvez Menrber (7) Ms. Khalida Mansoor Member (8) Dr. Shezra Mansab Ali Khan Kharral Member (e) Sheikh Fayyaz-ud-Din Mentber (10) Mian Abdul Mannan Member (11) Ms. Shaza Fatima Khawaja Member (12) Ms. Lbila Khan Member (13) Syed Naveed Qamar Member (14) Dr. Nafisa Shah Member (15) Syed Mustafa Mehmud Member (16) Mr. Asad Umar Member (u) Mr. AMul Rashid Godil Member (18) Mr. Muhammad Ali Rashid Member (le) Mr. Aftab Ahmad Khan Sherpao Member (20) Rana Muhammad Afzal Khan, Ex-offrcio Member Minister of State for Finance, Revenue and Economic Affairs

3. The Committee considered the Bill as introduced in the Assembly placed at Annexure-A, in its meeting held on 28th February 2018 and made the following amendments therein:-

CLAUSE 2

(i) In clause-2, paragraph (a); afterthe word "its", occurring in the second line the words "quarterly, half-yearly" shall be inserted.

(ii) ln clause-2, paragraph (a), after the word "or", occurring in the second line the word "annual" shall be insened.

4. The Committee recommended that the Bill placed at Annexurc-B, may be passed by the Assembly.

sd/- sd/- TAHIR HUSSAIN, QAISERAHMED SHEIKH, Secretary L:hairman lslamqbod, rhe 12th April, 2018. Slanding Committee on Finance, Revenue and Economic Afairs. PARIllll THE.CAZETTE OF PAKISTAN, EXTRA., JUNE5, 2018 l8l7(19)

Annex-A

[As l].rrRoDUCED IN THE NA'r'loNAL ASSEMBLY]

BtLL

Jirther to amend lhe Bonks ( I Nationalizatian)Acl. tg74

WIJERFAS it is expedient further to amend the Banks (Nationalization) Act, 1914 (XlX of 1974) for the purposes hereinafter appearing;

It is hereby enacted as flollows:-

I . Short title and commencement.-< I ) This Act may be called the Banks ((Nationalization) (Amendment) Act, 20 I 8.

(2) It shall come into force at once

2. Substitution of section 17, Act XIX of 1974.-ln the Banks (Nationalization) Acr,4974 (XlX of 1914\, for section 17, the following Shall be substituted. namely:-

*17. Disposal of profits.-Subject to the law by or under which a bank has been established and the State Bank Act, 1956 (XXXIII of 1956), the Banking Companies Ordinance, 1962 (LVII of 1962), and complying with all regulatory requirements, a bank may declare dividend after.

(a) it has drawn up its quarterly, halfyearly or annual balance sheet and profit and loss account and has its accounts reviewed or audited, as the case may be, by an auditor qualified to act as such under the Banking Conrpanies (Ordinance, 1962 LVII of t962):

(b) it has made adequate provision for bad and doubtful debts, depreciation in assets, contributions to staffand superannuation funds and allother coutingencies for which provision is necessary under any law or regulations or which are usually provided for the bankers; and

(c) a copy of the balance sheet and profit and loss account along- with the review or audit report, as the case may be, has been supplied to the State Bank and the Federal Govemment and the latter has approved the declaration ofsuch dividend: 181120) THE GAZETTE OF PAKISTAN, EXTRA., JUNE5,20l8 IPARrlll

Provided that, before according such approval, the Federal Govemment may, of its own motion or on the recommendation ofthe State Bank, order a second review or audit ofthe accounts ofthe bank and appoint such auditor for this purpose as it deems fit-"

STATEMENT OF OBJECTS AND REASONS

lt is nornral practice ofcompanies including banking companies to declare interinr dividend to shareholders thereby portraying a good image ol'the organization as well as sending positive sentiments to prospective investors through stock exchanges. The existing provisions ofsection l7 ofthe Banks (Nationalization) Act, 1974 however restrict nationalized banks from declaring interim dividend to their shareholders. Therefore, necessary amendment in the laws is being proposed thereby allowing nationalized banks to declare interim dividend to meet their shareholderV investors expectations. The proposed amendment will also align the Banks (Nationaf ization) Act provision with section 183 of the Companies Act, 2017, explanation ofwhich covers interim dividend as well.

2. This Bill is designed to achieve the aforesaid purpose

RANA MUHAMMAD AFZAL KHAN, Minister of Sldte for Finance and Econonic All'airs.

ANNI'X.B

[AS REPORTED BY 'I]'IE STANDING COMMI'I-IEE]

BILI-

Jitrlhet lo amend tha Banks (Nationalizalion) Act, 1974

Wrtrneas it is expedient furtherto amend the Banks (Nationalization) Act, ' | 974 (XIX of 1974) for the purposes hereinafter appearing;

It is hereby enacted as follows:-

l. Short title and commencement.-{ I ) This Act may be called the Banks (llationalization) (Amendment) Act, 20 I 8.

(2) lt shall come inlo force at once PARrllll THE GAZETTE OF PAKISTAN, EXTRA., JUNE5,20lE 1E17(21)

2. Substitution of section 17, Act XIX of 1974.-ln the Banks (Nationalization) Act, 1974 (XIX of 197 4,), for section I 7, the following shall be substituted, namely:-

"17 . Disposal of profits.-Subject to the law by or under which a bank has been established, the State Bank Act, 1956 (XXXIII of 1956) and the Banking Companies Ordinance, 1962 (LVII of 1962) and complying with all regulatory requirements, a bank may declare dividend after-

(a) it has drawn up its quarterly, half-yearly orannual balance sheet and profit and loss account and has its quarterly, half-yearly accounts reviewed or annual audited, as the case may be, by an auditor qualified to act as such under the Banking Companies Ordinance, 1962 (LVlt of 1962);

(b) it has made adequate provision for bad and doubtful debts, depreciation in assets, contributions to staffand superannuation firnds and all other contingencies for which provision is necessary under any law or regulations or which are usually provided for the bankers; and

(c) a copy ofthe balance sheet and profit and loss account along- with the review or audit report, as the case may be, has been supplied to the State Bank and the Federal Govemment and the - latter has approved the declaration ofsuch dividend:

Provided that, before according such approval, the Federal Government may, of its own motion or on recommendation ofthe State Bank, order a second rev iew or audil ofthe accounts ofthe bank and appoint such auditor for such purpose as it deems fit.".

STATEMENT OF OBJECTS AND REASONS

It is normal practice ofcompanies including banking companies to declare interim dividend to shareholders thereby portraying a good image ofthe organ ization as well as sending positive sentiments to prospective investors through stock exchanges. The existing provisions ofsection l7 ofthe Banks (Nationalization) Act, 1974 however restrict nationalized banks from declaring interim dividend to their shareholders. Therefore, necessary amendment in the larv is being proposed thereby allowing nationalized banks to declare interim dividend to meet their shareholders/ investors expectations. The proposed amendment will also align the Banks (Nationalization) Act provision with section 183 of the Companies Act, 2017, explanation ofwhich covers interim dividend as well. lEt7(zz) THE CAZETTE OF PAKISTAN, EXTRA., JLINE5,2018 [PARr Ul

2. This Bill is designed to achieve the aforesaid purpose

RANA MUHAMMAD AFZAL KHAN, Minister of State for Finance and Economic A.ffairs.

REPORT OF THE STANDING COMMITTEE ON FINANCE, REVENUE AND ECONOMIC AFFAIRS ON THE LOANS FOR AGRICULTURAL, COMMERCIAL AND INDUSTRIAL PURPOSES (AMENDMENT) BILL,2OI8

l, the Chairman of Standing Comm ittee on Finance, Revenue and Econom ic Affairs have the honour to present this Report on the Bill further to amend the Loans for Agricultural, Commercial and Industrial Purposes Act, 1973 (XLII of 1973) in its application to such areas in the Federation as are not included in any Province [The Loans for Agricultural, Commercial and Industrial Purposes (Amendment) Bill, 2018] [Government Bill] referred to the Cornmittee on 2nd November, 2017.

2. 'lhe Committee consists ofthe following:-

(l) Mr, Qaiser Ahmed Shcikh Chairman (2) Mr. Saeed Ahmed Khan Manais Member (3) Rana Shamim Ahmed Khan l4ember (4) Mr. Isphanyar M. Bhandara A[ember (s) Sardar Muhammad Jaffar Khan Leghari l(e ntber (6) Ms. Arifa Khalid Parvez llember (7) Ms. Khalida Mansoor It{e nrber (8) Dr. Shezra Mansab Ali Khan Kharral It[ember (e) Sheikh Fayyaz-ud-Din Member ( l0) Mian Abdul Mannan lt[e m ber (l l) Ms. Shaza Fatima Khawaja L{e mber (12) Ms. Leila Khan L{e mber (t 3) Syed Naveed Qamar hlember (t4) Dr. Nafisa Shah lvtember (t s) Syed Mustafa Mehmud b{entber ( l6) Mr. Asad l]mar Mentber (t 7) Mr. Abdul Rashid Godil lulem ber PARr IUI THE GAZETTE OF PAKISTAN, EXTRA., JLINE5,2018 l8l7(23)

( l8) Mr. Muhammad Ali Rashid Member (le) Mr. Aftab Ahmad Khan Sherpao Member (20) Rana Muhammad Afzal Khan, Ex-offrcib Member Minister of State for Finance, Revenue and Economic Affairs

3. The Committee considered the Bill placed at Annexure-A in its 'Ihe rneetings held on 23rd November, 20 I 7 and l9th December, 20 I 7. Comm ittee recommends that the Bill may be passed by the Assembly.

sd/- sd/- TAHIR HUSSAIN, AAISERAHMED SHEIKH, SecretaD) Chairman lslamabad, lhe 11th April, 2018. Slanding Commillee on Finance, Revenue and Economic Afairs.

ANNEX-A

IAS REPoRTED BY THE STANDING CoIUMITIEE]

Blr.r.

further to amend the Loans for Agricultural, Commercial and hdustial Purposes Act, 1973 irr its application lo such meas in lhe Federation as are not inclu.led in any Ptovince

WHEREAS, it is expedient further to amend the Loans lbr Agricultural, Commercial and Industrial Purposes Act, 1973 (XLII of 1973), in its application to such areas iu the Federation as are not included in any Province, for the purposes hereinafter appearing;

It is herebv enacted as follows:-

I . Short title and commencement.--{ I ) This Act may be called the Loans forAgricultural, Commercialand Industrial Purposes (Amendment) Act,20l7.

(2) It shall come into force at once.

2. Amcndment of section 3, Act XLII of 1973.-ln the Loans for Agricultural, Commercialand IndustrialPurposesAct. 1973 (XLll of 1973), hereinaiter called as the said Act, in section 3,- 181'7(24) THE CAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 IPARIlll

(a) after clause (a), the following new clause shall be inserted, namely:-

"(aa) "designated agency" means and includes a department or authority as the Minister-in-charge ofthe Federal Government may, by notification in the official Gazette, designate to prepare, issue and authenticate e-passbook and cause to give effect to entries in revenue record;"; and

(b) after clause (d), the following new clause shall be inserted, namely:-

"(da) "passbook" means a title document prepared in the prescribed manner setting out particulars ofland owned by land owner and shall include e-passbook to be prepared or issued by designated agency of the Federal Covernment;".

3. Amendment of section 4, Act XLII of 1973.-ln the said Act, in section 4, in sub-section ( 1), the words "setting out particulars ofthe land owned by , him" shall be omitted.

STATEMENT OF OBJECTS AND REASONS

(l) Agricultural Pass Book System was inroduced by the Federal Government through promulgation of Loans for Agricultural, Commercial & lndustrial Purposes (LACIP)Ac! 1973 forsimplifoing the agricultural loans procedure, which was subsequently amended in 1987 to provide, for assessment of value of land on market price in addition to PIU (Produce Index Unit).

(2) The Pass book can be obtained from any Post Office on nominal price. The Pass Book contains record of entire land owned by the land owner falling within teritorial.jurisdiction of Tehsil/Sub-Tehsil/ IssuingAuthority possessed by him/her along-with his/her legal share with any encumbrance or charge thereon at the time of its issuance duly authenticated by the concerned Kanungo/Revenue Officer

(3) LACIP Act, 1973 and Rules made there under provide complete mechanism right from issuance of Agricultural Pass Book, land valuation, legal share, charge creation upto the redemption ofcharge on land after repayment of loan.

(4) Presently 99% ZTBL loans are provided on Agricultural Pass Book system which is prepared by the Revenue Authorities in accordance with provisions of"Loans for Agricultural, Commercial & Industrial Purposes Ac! 1973 (LACIP Act) and Rules made there under". Pem IIII TtlE GAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 1817(25)

(5) After introduction of Mark-up Free Agricultural E-Credit Scheme, Govemment ofthe Punjab has been financing, under digitalized/E- Pass Book System. Since digitalized/E-Pass Book is not recognized by LACIP Act, 1973 & Rules made there under or any other'Laq therefore, loans provided on the basis of this digitalized/E-Pass Book are likely tojeopardize the interesVfunds ofthe Banks.

(6) In order to avoid any legal implications as well as to safeguard the loanVfunds ofthe Bank, the amendments in the "L,oans forAgricultural, Commercial & Industrial;Purposes Act, 1973" arc imperative & essential across the Pakistan to safeguard the financing ofthe BankV DFIs under digitalized/E-Pass Book system.

RANA MUHAMMAD AFZAL KHAN, Minister of State for Finance, Revenue and Economic Affairs.

Rf,PORT OF THE STANDING COMMITTEE ON FINANCE, REVf,NUE AND ECONOMIC AFFAIRS ON THE INVESTMENT CORPORATION OF PAKISTAN (REPEAL) BILL, 2018

I, the Chairman ofStanding Commiftee on Finance, Revenue and Economic Affairs have the honour to present this Report on the Bill to repeal the Investment Corporation ofPakistan Ordinance, 1966 (lV of 1966) [The Investment Corporation of Pakistan (Repeal) Bill, 20181, referrcd to the Committee on l5th May, 2017.

2. The Committee consists ofthe following:-

(l) Mr. Qaiser Ahmed Sheikh Chnirman (2) Mr. Saeed Ahmed Khan Manais Mentber (3) Rana Shamim Ahmed Khan Member (4) Mr. Isphanyar M. Bhandara Menber (5) Sardar Muhammad Jaffar Khan Leghari Mentber (6) Ms. Arifa Khalid Parvez Meuber (7) Ms. Khalida Mansoor Member (8) Dr. Shezra Mansab Ali Khan Kharral Mentber (e) Sheikh Fayyaz-ud-Din Menrber ( l0) Mian Abdul Mannan Menber (1 l) Ms. Shaza Fatima Khawaja lle nt ber tEl7Q6) THE CAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 [Pmr lll

( l2) Ms. Leila Khan Member (13) Syed Naveed Qamar Member (14) Dr. Nafisa Shah Member (15) Syed Mustafa Mehmud Member ( l6) Mr. Asad Umar Member ( 17) Mr. Abdul Rashid Godil Member ( l8) Mr. Muhammad Ali Rashid Member ( te) Mr. Aftab Ahmad Khan Sherpao Member (20) Rana Muhammad Afzal Khan. Ex-officio Member Minister of State for Finance. Revenue and Econonric Affairs

3. The Committee considered the Bill placed at Annexure-'A in itsmeeting held on l4th July, 2017 and recommends that it may be passed by the Assembly.

sd/- sd/- (TAIIIR HUSSAIN) (QAISER AHMED SHEIKH) Secrelary C hairman lslamabad, the l2th April, 2018 Standing Committee on Finance, Revenue and Economic Afjtairs.

ANNEX.A

[As REpoRTr]D BY l HE S',r^NDrNC COMMTfiEEI

BII-l-

to repeal the Inveslment Corporation of Pakistan Ordinance, 1966

WttEREAS it is expedient to repeal the Investment Corporation ofPakistan Ortlinance. 1966 (lV of I 966);

It is hereby enacted as follows:

l. Short title and commencement.{l) This Act may be called the Investment Corporation of Pakistan (Repeal) Act. 2018.

(2) lt shall come into force at once. PARr lIIl THE GAZETTE OF PAKISTAN, EXTRA., JLNE5,2018 l8l7(27)

2. Repeal.-The Investment Corporation of Pakistan Ordinance, 1966 (lV of 1966) is hereby repealed.

STATEMENT OF OBJECTS AND REASONS

The Cabinet in its meeting held on June 13, 2001, accorded approval of rvinding up of Investment Corporation ofPakistan (lCP). The winding up process has been completed afterobservance ofprescribed procedure. Summary for repealing oflnvestnent Corporation ofPakistan Ordinance, 1966 was rnoved and ICP (Repeal) Bill, 2017 was approved by the Cabinet Commiftee in its meeting held on January 13,2017, duly ratified by the Cabinet in its meeting held on February 07,2017.

RANA MUHAMMAD AFZAL KHAN, Minister of State for Finance, Revenue and Economic Affairs.

REPORT OF THE STANDING COMMITTEE ON FINANCE, REVENUE AND ECONOMIC AFFAIRS ON THE STATE BANK OF PAKISTAN BANKING SERVICES CORPORATION (AMENDMENT) BILL,20t8

l, the Chairman ofStanding Committee on Finance, Revenue and Economic Affairs have the honour to present this Report on the Bill further to amend the SBP Banking Services Ordinance, 2001 (LXVII of2001) [The State Bank of Pakistan Banking Services Corporation (Amendment) Bill, 201 8l [Govemment Bill] referred to the Committee on 07-08-201 7.

2. The Committee consists of the follo,ring:-

(l) Mr. Qaiser Ahmed Sheikh Chairman (2) Mr. Saeed Ahmed Khan Manais Member (3) Rana Shamim Ahmed Khan Member (4) Mr. Isphanyar M. Bhandara Member (s) Sardar Muhammad Jaffar Khan Leghari Member (6) Ms. Arifa Khalid Parvez Member (7) Ms. Khalida Mansoor Member (8) Dr. Shezra Mansab Ali Khan Khanal Member (e) Sheikh Fayyaz-ud-Din Member (10) M ian Abdu I Mannan Member (l l) Ms. Shaza Fatima Khawaja Member 18i126) THE GAZETTE OF PAKISTAN, EXTRA., JLJNE5,2018 [PARr III

(tz) Ms. Leila Khan Member (13) Syed Nareed Qarnar Member ( l4) Dr. Nafisa Shah lvlember (ls) Syed MLrstal'a Mehrnud Member ( l6) Mr. Asad ljmar Menrber (17) Mr. Abdul Rashid Godil Menber (18) Mr. Muhammad Ali Rashid Member ( le) Mr. Aftab Ahmad Khan Sherpao Member (20) Rana Muhammad Afzal Khan. Ex-officio Menber Minister of State for Finance, Revenue and Economic Affairs

3. The Committee considered the Bill placed at Annexure-A, in its meeting held on lgth December, 2017, and made the following amendments, thereitr:-

(D CLAUSE 3

ln clause J, sub-clause 6, for the word "fifteen" the word "sixty" shall be suhstinrted.

(ii) CLAUSE 6

In clause 6, in proposed section 24A, for the rvords "merely of'the words "only on" shall be substituted.

3. The Committee recommends that the Bill as reported by the Committee placed at Annexur.e-B may be passed by the National Assembly.

sd/- sd/- (TAHIR HUSSAIN) (QAISERAHMED SHEIKH) Secrektry Chairman Islamabad, the l2th April, 2018. Slanding Commillee on Finance, Revenue and Economic Affairs.

AN\EX-A

[AS INTRODUCED IN THE NAIIONAL ASSEMBLY]

Brr.r-

/urlher lo amen

WHEREAS it is expedient further to amend the SBP Banking Services Ordinance,2001 (LXVII of200l), for the purposes hereinafter appearing;

It is hereby enacled as follows:-

l. Short title and commcncement.- (l) This Act may be called the SBP Banking Services Corporation (Amendment) Act, 2017.

(2) It shall come into force at once.

2. Amendment of section 5, Ordinance LXVII of 2001.-ln the SBP Banking Services Corporation Ordinance, 2001 (LXVII of 2001 ), hereinafter referred to as the said Ordinance, in section 5,-

(l) in sub-section (l),-

(a) in clause (d), the word "and" at the end shall be omitted:

(b) in clause (e), for the tirll stop at the end, a semicolon and word "; and" shall be substituted and thereafter the follorving new clause shall be added, namely:-

"(f) to carry out its functions effectively, the Bank, if deemed necessary, may establish one or more subsidiaries for the purpose ofconducting its business, with the prior approval ofthe Board and State Bank."; and

(2) for sub-section (2), the following shall be sLrbstituted, narnely:-

"(2) The State Bank shall not transfer or delegate any ofthe functions specified in section 94 ofthe State Barrk of Pakistan Act, 1956 (XXXIll of 1956), including.-

(D formulation and monitoring of rnonetary and credit policies;

(iD regulation and supervision ofthe financial sector;

(iiD foreign exchange regime and exchange rate policy; and

(iv) payment and settlement system.".

3. Amendment of section 9, Ordinance LXVII of 2001.-ln the said Ordinance, in section 9, after sub-section (5), the foltowing new sub-section shall be added, namely:- l8l7(30) THE GAZETTE OF PAKISTAN, EXTRA., JINE5,2018 [PART Ill

"(6) At any time when the oftlce ofthe Managing Director is vacant, the Govemor may appoint any officer ofthe State Bank or from the Bank as Acting Managing Director within a period of fifteen days from the date ofvacancy:

Provided that the Managing Director shall be appointed under sub-section (l) within a period ofthree months ofthe occurrence of vacancy.".

4. Amendment of section 13, Ordinance LXVII of 2001.-ln the said Ordinance, in section 13, in sub-section (3), for the words "State Bank", the word "Board" shall be substituted.

5. Substitution of section 24, Ordinance LXVII of 2001.-ln the said Ordinance, for section 24, the following shall be substituted, namely:-

*24. Pension, gratuity and provident fund of Bank employees to be exempt from attachme[ts, etc.-Notwithstand ing anything contained in any law forthe time being in force, pensions; gratuity and provident fund of the executives and other employee or pensioriers shall not be liable to seizure, attachment or sequestration by process ofany court order at the instance ofa creditor, decree holder etc., for any demand against the executives, employees or pensioner or in . satisfaction of a decree or order of any court.".

6. Insertion of new section 24A, Ordinance LXVII of 2001.-ln the said Ordinance, after section 24, the following new section shall be inserted, namely:-

"241.. Act or proceeding of the Board not to be questioned.-No act or proceeding of the Board or the Committees ofthe Board shall be questioned on the ground merely ofthe existence ofany vacancy in or any defect in the constitution of such Board or Committee thereof.".

7. Substitution of section 28, Ordinance LXVII of 2001.-ln the said Ordinance, for sector 28, the following shall be substituted, namely:-

'28. Protection of action taken in good faith.-No suit or other legal proceedings shall lie againstthe State Bank and the Bank orany director or officer of the State Bank and the Bank for anything rvhich is in good faith done or intended to be done in pursuance ofthis Ordinance or ofany rules, regulations or orders made thereunder.", PARrltll THE GAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 l8l13l)

STATEMENT OF OBJECTS & REASONS

The purpose of amendments in the SBP Banking Seivices Corporation Ordinance 2001 (Ordinance) is to enable the SBP Banking Services Corporation (Bank) to optimize its operational efficiency thereby bringing it in conformity with the emerging operational needs.

The amendments in the Ordinance are being proposed for the following reason s:

A new sub-section has been introduced in section 9, in line with good govemance for the appointment of an Acting Managing Director within a period of fifteen ( I 5 ) days, from the date of vacancy, proyided that, the Managing Director shall be appointed within a period ofthree (3) months from the date ofthe occurrence of vacancy.

2. The power ofthe Board of Directors to appoint external auditors has been proposed in line with good piovemance.

3. An enabling clause on creation ofsubsidiaries by the Bank with the approval of Board and State Bank under the Ordinance has been introduced for operational effi ciency.

4. Amendments have been proposed to exempt the gratuity and provident fund ofemployees ofthe Bank from attachment as already provided for, in case of pensioners to make the Ordinance consistent with the existing compensation benefi ts.

5. In order to provide adequate protection to the Bank and the officers of the Bank for actions taken in good faith, amendmenls have been proposed in section 28 of the Ordinrce . '

6. A new section 24A has been proposed to legally protect the proceedings of the Board and the committees of the Board from any questions arising merely on the grounds of any vacancy or any defect in the constitution of the Board.

This Bill is designed to achieve the aforesaid purpose.

SENATOR MOHAMMAD ISHAQ DAR, Minisler for Finance, Revenue, Econonic Affoirs, Slatistics and Privotization. l8l7(32) THE GAZETTE OF PAKISTAN, EXTRA., JLINE5,2018 [Perullt ANNEX.B

IAS REPoRTED BY THE STANDING CoMMITTEE]

BILL

rtrther to unrend the SBP Banking Serviccs Corporttion ()rctinurtce. 2001

WIIEREAS it is expedient fu(her to amend the SBP Banking Services Ordinance, 2001 (LXVII of200l), for the purposcs hereinafter appearingl

It is hereby enacted as follows:-

l. Short title and commencement.{ I ) This Act rnay be called the SBP Banking Services Corporation (Arnendment) Bill, 201 8.

(2) lt shallcome into force at once.

2. Amendment of section 5, Ordinance LXVII of 2001.-ln the SBP Banking Services Corporation Ordinance,200l (LXVII of200l). hereinafter referred to as the said Ordinance, in section 5,-

(l) in sub-section (l),-

(a) in clause (d), the u,ord "and" at the end shall be omittedl

(b) in clause (e), for the full stop at the end, a semicolon and the word "; and " shall be substituted and thereafter the following new clause shall be added, namely:-

"(f) to carry out its functions effectively, the Bank, ifdeemed necessary, may establish one or tnore subsidiaries for the purpose ofconducting its business, with the prior approval, ofthe Board and State Bank.": and

(2) for sub-section (2), the following shall be substituted. namely:-

"(2) The State Bank shall not transfer or delegate any of the functions specified in section 9A ofthe State Bank ofPakistan Act, 1956(XXXIIl of 1956), including.- PARrllll THE GAZET-rE OF PAKISTAN, EXTRA., JUNEs,2018 l8l7(33)

(D formulation and monitoring of monetary and cred it policies;

(iD regulation and supervision of fi nancial sector;

(iiD foreign exchange regime and exchange rate policy; and

(iv) payment and setllement system.".

3. Amendment of section 9, Ordinance LXVII of 2001,-ln the said Ordinance, in section 9, after sub-section (5), the frillowing new sub-section shall be added, namely:-

'(6) At any time when the office of the Managing Director is vacan! the Govemor may, appoint any officerofthe State Bank or liom the Bank as Acting Managing Director within a period of sixty days from the date of vacancy:

Provided that the Managing Director shall be appointed under sub-section ( I ) within a period of three months of occurrence ofthe vacancy.".

4. Amendment of section 13, Ordinance LXVII of 2001.-ln the said Ordinance, in section 13, in suFsection (3), for tle words "State Bank", the word "Board" shallbe substituted.

5. Substitution of section 24. Ordinance LXVII of 2001.-ln the said Ordinance, for section 24, the following shall be substituted, namely:-

*24. Pcnsion, gratuity and provident fund of Bank employees to be exempt from attachments, etc.-Notw ithstand ing anything contained in any law forthe time being in force, pensions, gratuity and provident fund of the executives and other employee or pensioners shallnot be liable to seizure, attachment or sequestration by process ofany court order at the instance ofa creditor, decree holder etc., for any demand against the executives, employees or pensioners or in satisfaction of a decree or order of any court.".

6. Insertion of new section 24A, Ordinance LXVII of 2001.-ln the said Ordinance, after section 24, the lbllou,ing new section shall be inserted. namely:-

*244 Act or procceding of the Board not to be questioned.-No act or proceeding ofthe Board or the committees ofthe Board shall be questioned on the ground only on the existence ofany vacancy in or any riefect in the constitution of such Board or comrnittee thereol'.". l8l7(34) THE GAZETTE OF PAKISTAN, EXTRA., JLINE5,2018 [Prnr lll

7. Substitution of section 28, Ordinance LXVII of 2001.-ln the said Ordinance, for section 28, the following shall be substituted, namely:-

*28. Protection of action taken in good faith.-No suit or other legal proceedings shall lie against the State Bank an,j the Bank or any director or officer of the State Bank and the Bank for anything which is in good faith done or intended to be done in pursuance ofthis Ordinance or of any rules, regulations or orders made thereunder.".

STATEMENT OF OBJECTS & REASONS

The purpose of amendments in the SBP Banking Services Corporation Ordinance,200l (Ordinance) is to enable the SBP Banking Services Corporation (Bank) to optimize its operational efficiency thereby bringing it in conformity with ths gmqrging operational needs.

The amendments in the Ordinance are being proposed for the following reasons:

A new sub-section has been introduced in section 9, in line with good govemance for the appointment ofan Acting Managing Director rvithin a period offifteen ( l5) days, from the date ofvacancy, provided that, the Manirging Director shall be appointed within a period ofthree (3) months from the date ofthe occurence ofvacancv.

2. The power ofthe Board of Directors to appoint external auditors has been proposed in line with good govemance.

3. An enabling clause on creation of subsidiaries by the Bank with the approval of Board and State lJank under the Ordinance has been introduced for operational etTiciency.

4. Amendment have been proposed to exempt the gratuity and provident fund employees ofthe Bank from attachment as already provided for, in case ofpensioners to make the Ordinance consistent with the existing compensation benefits.

5. In order to provide adequate protection to the Bank and the ofticers of the Bank for actions taken in good faith, amendments have been proposed in section 28 ofthe Ordinance.

6. A new section 24A has been proposed to legally protect the proceedings ofthe Board and the committees ofthe Board from any questions Panr IIII THE GAZETTE OF PAKISTAN, EXTRA., JLNE5,2018 l8l{35)

arising merely on the grounds of any vacancy or any defect in the constitution of the Board.

This Bill is designed to achieve the aforesaid purpose

RANA MUHAMMAD AFZAL KHAN, Minisler of State for Finance, Revenue and Economic Affairs.

REPORT OF THE STANDING COMMITTEE ON STATES AND FRONTIER REGIONS (SAFRON) ON THE TRIBAL AREAS REWAJ BILL, 2017

I, the Chairman of Standing Committee on States and Frontier Regions, have the honor to present this report on the Bill to provide for a system of administration ofjustice, maintenance ofpeace and good govemance in the Federally Administered Tribal Areas and Protected or Administered Areas [The Tribal Areas Rewaj Bill, 201 71, referred to the Committee on I 5th May, 201 7:-

2. The Committee consists ofthe following:-

(t) Mr. Muhammad Jamal ud Din Chairman (2) Mr- Mrrharnmad Nazir Khan Member (3) Mr. Ghalib Khan Member (4) Begum Tahira Bukhari Mentber (s) Ms. Iffat Liaqat Mem ber (6) Dr. Asma Mamdot Member (7) Sheikh Fayyaz-ud-Din Memher (8) Mian Shahid Hussain Khan Bhatti Member (e) Mr. Ghulam Muhanrmad Lali Member (10) Mr. Aftab Shahban Mirani Mentber (tr) Mrs. Surraiya Jatoi Member (12) Mr. Shahjahan Baloch Member ( l3) Mr. Qaiser Jamal Member ( l4) Ms. Ayesha Gulalai Menber (ls) Mr. Nasir Khan Member ( l6) Mr- Muharnmad Kamal Malik Member (17) Sahibzada Tariq Ullah Member 1817(36) THE CAZETTE OF PAKISTAN, EXTRA., JUNE5,20lE [PARrltl

(18) Mr. Amir Haider Khan Member ( 1e) Mr. Bilal Rehman Member (20) Mr. Bismillah Khan Member (21) Lt. Gen. (R) Abdul Qadir Baloch, Minister for States and Frontier Regions Ex-Officio Member

3. The Committee considered the Bill as introduced in the National Assembly placed at Annex-A, in its meetings held on 16-05-2017, 23-06-2017, I l -09-2017, 02-01-2018 and29-03-2018 and recommends thatthe Bill may not be passed by the National Assembly.

sd/- sdi- (TAHIR HUSSAIN) (MUHAMMADJAMAL UDDIN) Secretary Chairman lslumabacl, the l2th April, 2018 Standing Committee on Stales and Frontier Regions (SAFRON).

ANNEX.A

[AS INTRoDUCED IN THII NATIoNAL ASSEMBLY]

B[.1.

to provide for a system of administralion of justice, maintenance of peace and good governance in the Federally Administered Tribal Areas and Prolected or Administercd Aleas

Wl tERIAS it is expedient to provide for a system ofadministration ofjustice, maintenance ofpeace and good govemance in the Federally Administered Tribal Areas and Protected or Administered Areas for matters connected therewith and ancillary thereto;

It is hereby enacted as follorrs:-

l. Short title and commencement.-( 1) This Act may be called rhe Tribal Areas Rewaj Act, 2017.

(2) It shall come into force in such Federally Administered TribalArea or Areas mentioned in the First Schedule as Protected or Administered Areas or anv PARrltll THE GAZETTE OF PAKISTAN, EXTRA., JLINE 5, 2018 l8l7(31) part thereofas the Federal Govemment may, by notification in the official Gazette, determ ine.

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

(a) "Council of Elders" means ajirga of four or more respectable elders appointed under sections 8 or 10, as the case may be, and presided over by the Judge;

(b) "Court" means thc Court comprising,-

(i) the Judge; and

(ii) the Council of Elders;

(b) 'CPC' means the Code of Civil Procedure, 1908 (Act V of 1908) as applicable in the Province ofKhyber Pakhtunkhwa;

(d) "FATA" means the Federally Adm inistered Tribal Areas and such other areas as specified in the First Schedule;

(e) "Judge"means ajudicial officerappointed bythe Federal Govemment to exercise powers under this Act, Cr.P.C and CPC;

(f) "prescribed" means prescribed by rules made under this Act;

(g) "Protected Area or Adm inistered Area" means the Areas specified in the First Schedule;

(h) "Qawni Jirga" rneans a jirga consisting of respectable elders and representatives of the tribes:

(i) 'Reu,aj " means customs. traditions and usages ofthe tribcs in vogue in FATA: and

0) "Schedule" means a Schedule to this Act

3. Relation to other laws.{l) The provisions of this Act shall havc effect nohvithstanding anl.thing contained in any other law for the time being in fbrce. 1817(36) THE GAZETTE OF PAKISTAN, EXTRA., JUNE5,20lE [Pexr lll

(2) In case there is any conflict between the provisions of this Act and any other law, including the CPC, Cr.PC and the Qanun-e-Shahodat, 1984 (P.O. No. l0 of l9E4), for the time being in force, the provisions ofthisAct shall prevail to the extent ofthe inconsistency.

(3) The laws and offences as specified in the Second Schedule shall apply to FATA.

4. Application of CPC.--{ I ) Application of the CPC to FATA shall be ;ubject to the lollorving modifications. namely:-

(a) reference therein to the Civil Judge, Civil Judge of the First Class, Civil Judge of the Second Class, Civil Judge of the Third Class or Senior Civil Judge shall be construed to be a reference to the Judge;

(b) reference therein to tlre Provincial Govemment or Govemment shall be construed to be a reference to the Federal Government; and

(2) Notwithstanding anything contained in the CPC, the Judge shall adopt such procedure which facilitates compliance with the provisions of this Act and secures the ends ofjustice in accordance with Rewaj.

5. Application of the Cr.P.C.{l) Application of the Cr.PC to FATA shall be subject to the following modifications, namely:-

(a) reference therein to the Magistrate, MagistratE of the First Class, Magistrate of the Second Class, Magistrate of the Third Class or Magistrate having power under section 30 shall be construed to be a reference to the Judge;

(b) reference therein to the Provincial Govemment or Govemment shall be construed to be a reference to the Federal Govemmenti

(d) reference therein to the officer-in-charge ofthe Police Station shall be construed to be a reference to the officer-in-charge ofthe concemed Levies or Khasadars Post. as the case may be, in the areas of their respective jurisdiction. Penr tlll THE GAZETTE OF PAKISTAN, EXTRA., JI-INE5,2018 l8l7(39)

(2) Notwithstanding anyhing contained in the Cr.RC, the Judge shall adopt such procedure which facilitates compliance with the provisions of this Act and secures the ends ofjustice in accordance vtith Re.n'aj.

6. Judge.{1) The Federal Govemment shall appoint such number of Judges in such manner and on such terms and conditions as may be prescribed.

(2) Every Judge shall exercise his powers in such cases or class ofcases and within such local Iimits as the Federal Govemment may, from time-to-time and by order in writing, direct.

7. Civil reference to the Court-{ I ) Any party to a civil dispute may make an application to the Court for decision in accordance with Rewa;r.

(2) Within seven days of the receipt ofan application under sub-section ( l), the Judge shall nominate a Council of Elders and communicate their names to the parties.

. (3) Objection by any party to any member of the Council ofElders shall be filed within three days ofthe receipt of communication under sub-section (2).

(4) The Judge shall dispose ofthe objections filed under sub-section (3) rvithin four days after giving the parties an opportunity ofbeing heard and recording reasons for his decision and shall appoint the members ofthe Council accordingly.

(5) The Judge shall call the party complained against to file a written reply within seven days of the receipt of the application under suEs€ction (l) and on receipt of the rrply shall forthwith frame the legal and factual issues on which finding ofthe Court is required.

(6) The Judge shall refer the matter to the Council of Elders within two days ofthe order under sub-section (4), which shall determine the factual issues in accordance with the Rewaj and submit its findings to the Judge within thirty days.

(7) On receipt of findings, the Judge shall decide the leghl issues, if any, within seven days and-

(a) . pass a decree in accordance with the findings ofthe Council ofElders; or

(b) except where the findings are unanimous, require the Council ofElden to review their determination within thirty days or re-constitute the Council of Eiders as provided in this section and requir€ the aforesaid Councilto determine the matter again within thirty days: l8l7(,,10) THE GAZETTE OF PAKISTAN, EXTRA., JUNES,2018 [Panrlll

Provided that re-constitution of the Council ol Elders shall be made once only.

8. Effect of decree.- A decree passed under clause (a) of sub-section (4) ofsection 9 shall-

(a) be a final settlement of the case so far as the decree relates to the matter stated in the reference: and

(b) have, to that extent and subject to the provisions ofthisAct with respect to the filing ofappeal, the sarne effect as a decree ofa Civil Court and shall be executed by the Court through the PoliticalAgent or the Deputy Commissioneq as the case may be, as a decrce ofsuch Court.

9. Crinrinal references to Court.-{l) When a criminal case is sent to the Court fortrial, thejudge shallappoint the members ofthe CouncilofElders in the same manner and within the same period as specified in sub-sections (2), (3) and (4) of section 8.

(2) The Judge shallreferthe case to the CouncilofElders immediately on its appointrnent lor determination offactual aspects ofthe case as specified by him.

(3) The Council shall determine the factual aspects in accordance with Rewaj and submit its findings to the Judge within thirty days.

(4) On receipt ofthe findings, the Judge shall decide the legal issues, if any, within seven days and-

(a) pass an order in accordance with the findings ofthe Council ofElders and applicable law; or

(b) except where the findings are unanimous, require the CouncilofElders to review their determination within thirty days or r€-constitute the Council ofElders as provided in this section and require the aforesaid Council to determine the matter again within thirty days:

Provided that re-constilution ofthe Council ofElders shall be made once only.

10. Bail.-Where any person accused of non-bailable offence is arrested oi detained or appears or is brought before the Judge he may be released on bail in accordance with the provisions ofsection 497 of Cr.P.C, except that forthe purposes ofthis Act surety includes personal surety or such other surety as is permissible in accordance with the Reledl'. PARr IIll THE GAZETTE OF PAKISTAN, EXTRA., JLrNE5,20l8 l8l7(41)

I l. Reference by Qaumi Jrigd in erceptionel cases.-The Political Ag€nt or Deputy Commissioner, as the case may be, may in exceptional circumstances, if so recommended by a Qaumi Jirga of the Tribe in the interest of justice and public peaee, refer any olTence or civil dispute to the Court for decision thereon.

12. Power to direct removal of structures and cncroachnrents.- (l ) Where it is considered necessary in the interests ofnational security, the Federal Govemment may, by order in writing, direct the removal of any structures and encroachments situated in close proximity to the frontiers ofthe Islamic Republic of Pakistan to any other suitable site and award to the inhabitants such compensation for any loss which may have been occasioned to them by the removal of their structures and encroachments as. in the opinion ofthe Federal Government, isjust and adequate.

(2) Whoever contravenes the provisions of sub-section (l) shall be punished rvith imprisonment for a term which may extend to one year and shall also be liable to fine which may extend to fifty thousand Rupees:

Provided that any such penalty shall be awarded by the Court in accordance with the provisious ofsection 10.

13. Porver ofFederal Government to transfer the cese.-The Federal Govemment may, on the application ofany ofthe parties, after notice to the other party and giving them an opportunity ofbeing heard, transfer any civil or criminal matter to any Judge, within seven days from the appointment of the Council of Elders.

14. Extension of Jurisdiction of the Supreme Court and the Peshawar High Court.{ I ) The Supreme Court ofPakistan shall have, in relation to the Federally Administered TribalAreas, the same jurisdiction as it has in relation to other areas of the Province of Khyber Pakhtunkhwa.

(2) The Peshawar High Court shall have, in relation to the Federally Administered Tribal Areas, the samejurisdiction as it has in relation to other areas of the Province of Khyber Pakhtunkhwa.

15. Appeal and review.{ I ) An aggrieved p€rson may file an appeal before such court as provided for in the CPC or Cr.PC, as the case may be, within thirty days from the date of any decree or sentence passed or final order made by the Court or PoliticalAgent or Deputy Conlmissioner, as the case may be, under this Act. l8l7(42) THE GAZETTE OF PAKISTAN, EXTRA., JUNE5,20l8 [PARr lll

(2) An aggrieved party may file a review petition before the Court within seven days ofthe impugned decree or final order.

(3) No revision petition shall lie against any interlocutory order of the Court

(4) The appeal or revierv petition shall be decided within thirty days of its liling.

16. Powcr to amend Schedule.-The Federal Government rnay, by notification in the official Gazette. amend the Schedule.

17. Power to make rules.-The FederalGovemment may, by notification in the olficial Gazette, make rules to carry out the purposes and objects ofthis Act.

lE. Indemnity.-No suit or other legal proceedings shall lie against any person for anything done or intended to be done in good faith under this Act.

19. Removal of difliculties.-lf any difficulty arises in giving effect to any provision ofthisAct, the FederalCovernment nlay. within a period not exceeding t$o years tiorn the comrnencement ofthis Act and by order in the official Gazette, rnake such provisions not inconsistent with the provisions of this Act as it rnay considel necessary for the removal ofsuclr difficulty.

20. Repeal.-The Frontier Crimes Regulation, l90l is hereby repealed.

TIIE FIRST SCHEDULE

[see section l(2)]

Federally Administrated Tribal Areas include-

(a) Tribal Areas adjoining Peshawar district:

(b) . TribalAreas adjoining Kohat district;

(d) TribalAreas adjoining Lakki Marwat districtl

(e) TribalAreas adjoining Dera Ismail Khan district;

(D Tribal Areas adjoining Tank district: PARr Ull THE GAZETTE OF PAKISTAN, EXTRA., JUNEs,20t8 l8l(43)

(e) Bajaur Agency;

(h) Orakzai Agency;

(D Mohmand Agency;

0) Khyber Agency;

(k) Kurram Agency;

(t) North Waziristan Agency; and

(m) South Waziristan Agency.

PART II

Protected/Admin iste red Areas

(a) TribalAreas adjoining Kohat district,-

(i) Northem end ofKohat tunnel, including access road up to Abbas Chowk; and

(ii) Akhunval area extending from Levies post, Spina Thana up to FATA University on the northem side ofthe lndus tlighway;

(b) Tribal Areas adjoining Tank district,-

Jandola town and Camp and Khargai;

(d) Orakzai Agency, town and camp areas of Kalaya and Ghaljo.

(e) Mohmand Agency,-

(D Ekka Ghund town and camp areai

(ii) Ghalanai town and camp area;

(iiD Yousuf Khel camp area;and

(iv) Mohmad Gal arca: l8l1.l4) THE CAZETTE OF PAKISTAN, EXTRA., JLNE5,20l8 [PAR|lll

( 0 Khr ber Agencr:-

(i) Towns and camps of Bar4 Jamrud, Landi Kotal ; and

(ii) Torkham area oft andi Kotal Tehsil;

(g) Kunam Agency,-

entire Upper and Lower Kunam sub-divisions;

(h) North Waziristan Agency,-

(i) town and camp of Miransha including the villages of Miranshah, Danday, Darpakhel and Tabitolkhel;

(ii) Town and camp of MirAli; and

(iiD Razmak town and cantonmenq and

(D South Waziristan Agency;

(D Wana bazaar and camp;

(ii) Sarwakai camp;

(iii) Ladda town and camp;

(iv) Toikhulla camp; and

(v) Azam Warsak and border crossing point at Angoor Adda.

SECOND SCHEDULE

[see section 3 (3)]

PART I

Proccdural larvs

The Code ofCriminal Procedure, 1898 (Act V of 1898) as applicable in the Islamabad Capital Territory and as modified for the purpose of this Act; Parullll TllE GAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 l8l7(45)

2. The Code ofCivil Procedure, 1908 (Act V of 1908)l and

3. The Qanun-e-Shahadat, 1984 (PO.No. l0 of 1984).

PART.II

Other laws

l. l'he Pakistan Penal Code (Act XLV of 1860) with the modification ' that in all cases punishable with death the punishment shall be imprisonment for life;

2. the National Accountability Ordinance,l999 (XVI II of 1999);

3. the Anti-money Laundering Act, 20l0 (VII of200l);

4. the Anti-Narcotics Force Act,l997 (lll of 1997);

5. the Cigarcttes (Printing of Waming) Ordinance., 1979(LXXlllof 1979);

6. the Conternpt ofCourt Ordinance,2003 (lV of2003);

7. the Control ofNarcotic Substances Act, 1997 (XXV of 1997);

8. the Cutting ofTrees (Proh ibition) Act, 1992 (XVIII of 1992);

9. the Drug Regulatory Authority of Pakistan Act,2012 (XXI of 2012):

10. the DrugsAct, 1976 (XXXI ofl976)and the rules made thereunder;

ll. the Electricity Act. l9l0(lXof l9l0);

lZ. the Electronic Transactions Ordinance,2002 (Ll of 2002);

13. the Bnigration Ordinance, 1979(XVIllof 1979);

lr4. the Employment of ChildrenAct, l99l (Vof l99l);

15. the Epidemic Diseases Act, 1958(lllof 1958);

16. the Exit from Pakistan (Control) Ordinance,l93 l (XLVI of 1981) and the rules made thereunder; 181140 THE CAZETTE OF PAKISTAN, EXTRA., JLINE5,2016 [PARrlll

17. the Explosive Substances Act, 1908(VI of1908);

18. the Explosives Act, 1884 (lV of 1884);

19. the Extradition Act, 1912 (XXl of 1972);

20. the Federal lnvestigation Agency Act, 1974 (VIII of 1975);

21. the West Pakistan Foodstutl's (Control) Act, 1958(WPActNo.XXof t958):

22. the Foreign Exchange Regulation Act, 1947 (VII of 1947) and the rules made thereunder;

23. the ForeignersAct, 1946 (XXXI of 1946);

24. the West Pakistan Good Conduct Prisoners' Probationer Release Act, 1926 (WP Act No. X of 1926) and the rules made thereunder;

25. the ldentification of PrisonersAct, 1920 (XXXIII of 1920);

26. the Illegal Dispossession Act,2005 (XI of2005);

27. the lndecent Advertisements Prohibition Act. l96l (Xll of I963);

28. the Industrial Relations Act, 2012 (X of 2012);

29. the lnvestigation for Fair Trial Act. 2013 (l of20l3):

30. the Juvenile Justice System Ordinance, 2000 (XX of2000) and the rules made thereunder;

31. the Khyber Pakhtunkhwa Appointment of Law O{ficers Act,2014 (Khyber Pakhhrnkhwa Act No. XXXVII of 2014);

32. the Khyber Pakhtunkhwa Environmental Protection Act, 20 l4 (Khyber Pakhtunkhwa Act No. XXXVIII of 2014);

33. the Khyber Pakhtunkhwa Explosive Act, 2013 (Khyber Pakhtunkhwa Act No. XXIV of 2013):

34. the Khyber Pakhtunkhwa Explosive Substances Act, 2013 (Khyber Pakhtunkhwa Act No. XXV of20l3); Panr IIII THE CAZETTE OF PAKISTAN, EXTRA., JUNE 5, 2018 1817(4'7)

35. the Khyber Pakhtunkhwa Prevention of Gambling Ordinance, 1978 (Khyber Pakhtunkhwa Ordinance No. V of I978);

36. the Khyber Pakhtunkhwa Protection of Breast-Feeding and Child Nutrition Act, 2015 (Khyber Pakhtunkhwa Act No.VII of 2015);

37 . the Limitation Act, 1908 (lX of I 908);

38. the National Commission for Human Rights Act, 2012 (XVI of 2012),

39. the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (VIII of 1979);

40. the Offence Against Property (Enforcement of Hadr) Ordinance, 1979 (VI of 1979);

4l the Offences in Respect ofBanks (Special Courts) Ordinance, 1984 (lx of 1984);

42. the Offences of Zina (Entbrcem ent of Haddl Ordinancc, 1979 (VII of 1979);

43. the Pakistan Citizenship Act, 1951(llof1951);

44. the Pakistan Environmental Protection Act, 1997 (XXXIII of 1997);

45. the Pakistan Hotels and Restaurants Act, 1976 (LxxXl of 1916);

46. the Parks and Horticu lture Authority Act,20l2 (PunjabAct No. Xll/ll o12012);

47. the Passports Act, 1974 (XX of 1974) and the rules made thereunder;

48. flre Payment Systems and Electronic Fund Transfers Act, 2007 (lV of 2007);

49. the Press, Newspapers, News Agencies and Books Registration Ordinance, 2002 (XCUII of 2002) and the rules made thereunder;

50. the Prevention and Control of Human Trafficking Ordinance, 2002 (LlX of 2002) and the rules made thereunder;

51. the Prevention of Anti-National Activities Act, 1974 (YII of 1974); l8l7(48) THE GAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 [Parrlll

52. the Prevention of Comrption Act, 1947 (ll of 1947);

53. the Prevention of Cruelty to Animals Act, I 890 (XI of I 890):

54. the Prevention of Electronic CrimesAct,20l6 (XL of20l6):

55. the Prevention ofGamblingAc! 1977(XXVIll of 1917);

56. the Prevention of Seditious Meetings Act, l9l I (Xoil9ll);

57. the Prisoners Act, 1900 (lll of 1900);

58. the Prohibition of Smoking and Protection of Non-Srrokers Health Ordinance, 2002 (LXXIV of2002);

59. the Protection Against Harassment of Woman at the Workplace Act, 20 t0 (lv of20l0):

60. the Security of Pakistan Act, 1952(XXXVof I952):

61. the Telegraph Act, 1885 (XIII of1885);

62. the lbrrorist Affected Areas (Special Courts) Act, 1992 (Xof 1992):

63. the Traffic Offences (Special Courts) Ordinance, l98l (XXXIX of le8l);

64. the Transfer ofOffenders Ordinance, 2002 (XXXVII of2002):

65. the Transplantation of Human Organs and Tissues Act, 2010 (VI of 2010)t

66. the Vaccination Act, 1880(XIIIof1980);

67 . the Wcst Pakistan Water and Power DevelopmentAuthority Act. 1958 (WP Act No. XXXI of 1958);

68. the Weights and Measures (lntemational System) Act, 1967 (V of 1967) and the rules made thereunder;

69. the West PakistanAnti-Conuption Establishment Ordnance, I96l (WP Ordinance No. XX of 196l ); P^Rrllll TllE GAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 I8l7(49)

10. the West Pakistan Epidemic Disease Act, 1958 (WP Act No. XXVI of 1958);

71. the West Pakistan Regulation and Control of Loudspeakers and Sound Amplifiers Ordinance. 1965 (WP Ordinance No. Il of 1965);

72. the West Pakistan Tribunalof lnquiry Ordinance. 1969 (WP Ordinance No. ll of 1969);

73. theWild B irds and Aninals Protection Act. l9l2 (VIII of l9l2);

14. the Wireless Telegraphy Act, 1933 (XVII of 1933);

75.. the Abandorred Properties (TakingOverand Managernent) Act, 1975 (XX of 1975);

76. the Agricultural Pesticides Ordinance, l97l (ll ofl97l);

77. the Aircrafts (Removal ofDangerto Safety) Ordinance, 1965(XIl of r965);

t'8. rhe Airports Security ForceAct. 1 975 (LXXVII of I 975) and the rules made thereundel:

19. the Allopathic S-vstem (Prcvcntion of Misuse) Ordinance. 1962 (LXV of 1962);

80. thc Anti-durnping Duties Act. 201 5 (XIV ol20l 5):

81. 1he AntitlLritics Act. 1()75 (Vllol'1976):

lJl. the,\I,.ed lbrces C ir il (ierre laI [iansportLonrpaniesarrtl Requisilion of Cir il Ilansport Ord inarrce. 2001 ( XXI I of2U03):

83. theAssociated Press rit'Pakistan Corporation Ordinance- 2002 (LXXX of2002);

84. the Carriage hy ,\ir.A.ct. 20 t 2 (lV of 2012):

85. the Child Niarriage Restraint Act. 1929((XIX of l9?9);

86. the C ir il .\r ialion Ordinance. I 960 (( XXXI I ol' l9(r0): I8l7(50) THE GAZETTE OF PAKISTAN, EXTRA., JUNE5,20l8 [Perrlll

87. theCivil Det'ence Act, 1952(XXXI of 1952);

88. the Coal Mines (Fixation of Rates of Wages) Ordinance, 1960 (XXXIX of 1960);

89. the Control of Employment Ordinance. 1965 (XXXll ol 1965)l

90. the Copyright Ordinance, 1962 (XXXIV of 1962) and the ru les nrade thereunder;

9l thc Dccorations Act, 1975 (XLIII of 1975);

92 the f)estruction of Records Act, l9l 7 (V of 1 9l 7);

93 the Destructive Insects and Pests Act. l9l4l

94. the Finerny Property (Continuance of Emergency Provisions) Ordinance, 1977 (XXXIV of 1977):

95. the Factories Act, 1934(XXVof 1934):

96. thc Fatal Accidents Act, 1855 (XIII of 1855);

97. the Federal Ernployees Benevolent Fund and Group lnsurance Act, I 969 (ll of 1969);

98. the Freedom oflnformation Ordinance, 2002 (XCVI of2002) and the rules made thereunder;

99 the Govenrment Savings Banks Act, 1873 (V of 1 873 )l

100 the Hindu Disposition of Property Act, l9l6 (XV ol l9l6)l

l0l the tl indu Widows Re-Marriage Act,l 856 (XV of I 856):

102 the tlouseBuilding Finance Corporarion Act, Iq52 (XVIII of l952):

103 the lnjured Pcrsons (MedicalAid), Act 2004 (Xll o12004);

104. the lntellectual Property Organization ofPakistan Act, 201 2 (XXll ol 20 r2):

t05 the Klryber Pakhtrrnkhrva Sugar Factories Control Act. 1950: Perrllll THE GAZETTE OF PAKISTAN, EXTRA., JLNE5,2018 l8l(51)

106. the Khyber Pakhtunkhwa Tenancy Act, 1950;

107. the Law Reports Act, 1875(XVIllof 1875);

108. the Legal Practitioners and Bar Counc ils Acts. 1973(XXXVof 1973) and ru les rnade lhereunder'

109. the Mines Act, 1923 (lV of 1923);

il0. the Mines Maternity BenefitAct, l94l (XlX of l94l);

lll. thc Motor Veh ic les ( Divers) Ord inance. I942(Vol-1942):

ll2. the National Database and Registration Authority Ordinance, 2000 (Vlll of2000) and the rules made thereunder;

ll3. the National Highway Authority Act, l99l (XI of l99l):

ll4. the Notaries Ord inance. l96l (XIXof l96l):

I I 5. the Oath Act, I 873 (X of 1873);

ll6. the Official SecretsAct. lq23 (XlX of 1923):

ll7. the Pakistan Air Force Act. 1953 (VI of 1953);

I 18. the Pakistan Electronic Media Regulatory Autholity" Ordinarrce. 2002 (XIIIof2002);

ll9. the Pakistan Madrash Education (Establishment and Affiliation of Model Dini Madaris Board) Ordinance, 2001 (XLof200l);

120. the Pakistan Telecomrnun ication (Re-Organization) Act. 1996 (XVll of 1996);

l2l. the Pakistan Trade Control of Wild Fauna and FloraAct,20l2 (XlV of 2012):

122. the Patents Ordinance,2000 (LXI of2000);

123. the Pensions Act, l87l(XXXIll ofl87l):

124. the Power of Attonrey Act, 1882 (Vll of I882); lEl152) ]'HE CAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 [PARrlll

125. the l)ress Councilol'Pakistan Ordinance,2002 (XCVII of2002)l

126. the Provincial Ernployee Social Security Ordinance, 1965 ( WP X of r965):

127. the Provincial Motor Vehicles Ordinance. 1965 (XIX of 1965);

128. the Public Procurement Regulatory Authority Ordinance, 2002 (XXll of2002);

129. thc Ilcgistration of Foreigners Act, 1939 (XVll of I 939) and the rules nrade thereunder:

130. thc Regulation of Generation, Transmission and Distribulion of Electric I)owel Act, 1997 (XL of 1997):

l3l. the Sackcd Employees ( Rc-lnstatemenl) Act. 2010 (XXll o1'2010):

132. the Sarais Act, 1867 (XXI of 1867);

IJJ the Securities and Exchange Commission ofPakistan Act, 1997 (XLII of 1997);

I l,l. the Snrall and Mediurn Enterprises Development Aulhority Ordinance. 2002 (XXXIX o12002);

l3 5. the Small Claims and Minor Offences Courts Ordinance, 2002 (XXVI of2002)l

136. the Societies Registration Act, 1860(XXI ofl860);

137. the'l'rade Marks Ordinance,200l(XIX ol200l )t

138. the'Iravel Agencies Act, 1976 (XXX of 1976) and the rules made thereunder;

139. the Trust Act, 1882 (ll of 1882);

140. the Unani, Ayurvedic and Homeopathic Practitioners Act, 1965 (ll of 1965) and the nrles made thereunder; arrd

l4l. the Zakot a:r,l Usil Ordinance, 1980 (XVIll of 1980) Penrllll THE GAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 l8t(53)

STATEMENI'OF OBJECTS AND REASONS

The Rewaj Act for Tribal Areas, 201 7 (RRTA) focuses on the introduction ofa legal system which will provide for retaining the Rewaj in accordance with the aspirations ofthe tribal people while safeguarding their fundamental rights. It envisages that certain anrendments tnay be incorpbrated in. CrPC alld CPC tbr customization and shaping it to incorporate the traditional J irga System for ad.iudication in the Federally Administered Tribal Areas ( FATA), thereby, determining the roles and fixing responsibilities bel.rveen the executive and judicial ofticers. 'l'he Act is designed to be promulgated in the protected areas ofRAIA in a gradual manner, for rvhich the availability and the provision of a necessary judicial and prosecution infrastructure coupled with a well-trained levies force is ofparamount importance. 'fhe Rewaj Act in its essence, thus provides for the extension of thejurisdiction of the Supleme Court of Pakistan and Pesharvar High Court which in collaboration rvith att altemate systcrn of dispute resolution in the form of a Jirga system lbr provision ofa speedyjustice system to the people ofthe area to which this Act shall apply.

LT. GLN.(RETD) ABDUL QADIR BALOCIJ, Minister.for Slales ond Fntnlier llcgions, Min ister-in-C htrge.

REPORT OF THE STANDING COMMITTEf, ON CABINET SECRETARIAT ON TIIE SERVICf, TRIBUNALS (AMENDMENT) B[LL,20t7

I, Chairman of the Standing Committee on Cabinet Secretariat, have the honour to present the report on the Bill further to amend the Service Tribunals Act, 1973 (LLX of 1973)[the Service Tribunals (Amerrdment) Bill, 201 7](Covemment Bill), refened to the Standing Committee on | 3th September, 2017.

2. The Committee consist of the following members

Rana Muhammad Hayat Khan, MNA Chuirman

2 Malik lbrar Ahmed ,Vc nt be r 3 Mr. Rasheed Ahrned Khan Member 4 Sardar Muhammad Irfan Dogar Mcnther

5 Sardar Mansab Ali Dogar llle n be r 6 Ms. Paween Masood Bhatti Mentber i8l7(54) THE GAZETTE OF PAKISTAN. EXTRA., JUNEs,2018 [PARrlll

t''i . Ms. Nighat Parleen Mir Mamher

8. Ms. Shahnaz Saleern Menther 9. Ms. Seenra Mohiuddin Jameeli Menrber 10. Ms. Farhana Qarnar fule nt her

. Rana MLrharnmad Qasim Noon Mcnrher t). Ch. Khalid Jar aid Warraiclr Mentber ti. Dr. Mahreen Razaque Bhutto Menrber 14. Mr Abdr.rl Hakeern Baloch Member 15. Mr Roshan Din Junelo Member 16. Mr Asad Unrar' Menber 11. Ms. Nafecsa Inayatullah Khan Khattak Member

18. MoulviAgha MLrhammad Menther. 19. Syed Ali Raza Abidi \t , \(r 10. Dr. Khalid l!'laqbool Siddiqui l4t'nt ber 21. Minister Inchargc of the Cabinct Secretariat Ex-Oft\cio Member

-1. The Cornnr ittee considercd the Bill as introdLrced in National .Assembll' placed at ,\nner-A in its nrecting lrckl on l(r-()i-201 u and rcconrrnended that the Bill rral be passeil br the NationalAsscnrbly.

sd/- sd/- (TAHIR IIUSSAIN) (RANA MUHAMMAD HAYAI KHAN) Seuelqry Chairruqrt lslanabctd, the llth April. 2018 Stoncling CoDuniIIee on Cabinet Secretdrial.

Annexure-A

[AS RDPORTED BY 11,IT1 STANDINA COMMTMEE]

A _ Brr.r- .further to urnend lhe Service Tribunul Act, 1973

WI.tltt{t,AS it is expedient further to amend the Service Tribunal Act. 1973 (l-XX of 1973). for the purposes hereinafter appearing:

l1 is hereby enacted as follows:- PART III] THE GAZETTE OF PAKISTAN, EXTRA., JUNE5,2OIE I8I7(55)

I . Short title and commencement.-{ I ) This Act may be called the Service Tribunals (Amendment) Act. 201 8.

(2) lt shall come into force at once

2. Amendment of section 3, Act LXX of 1973.-ln the Service TribunalAct, 1973 (LXX of 1973), in section 3, in sub-section (4), after the word "President", occurring for the first time, the expression ", in consultation with the Chief Justice of Pakistan," shall be inserted.

STATEMENT OF OBJECTS AND REASONS

l. The Surpeme Coun ofPakistan vrde isjudgment dated 25-03-2013 in constitution Petition No.53/2007 declared certain provisions of Service Tribunals Act 1973 as ultra vires and directed the Govemment to make suitable amendments in the Service 'liibunals Act in thc light of observations made in thejudgment. The pfiliament accordingly passed Service Tribunals (Amendment) Act, 2014.

2. One ofthe observations made by the honorable Suprcme Court in its judgment dated 25-03-201 3 was that Chairman/Mernber ofthe fcderal Service Tribunal should be appointed in consultation with the Chief Justice ofPakistan. Horvever, appropriate provision to that effect could not be inserted in Service liibunals (Amendment) Act, 2014. The honorable Court while considering Crl Org Petition No.22l20l4 has directed the Government to take nccessary actiotr pursuant to lhe Court d irection.

3. Federal Service Tribunal is a part of Federal Judicature and entn:sted with judicial lirnctions. It is therefore expedient that before making appointments of Chairman and Members of FST, Chief Justice of Pakistan is consulted as observed by the Supreme Court of Pakistan.

4. The Bill seeks to achieve above objectives

SHEIKH AFTAB N I,IMED. lr c d e ro I lulin i s t e r for P u r I i um e u t crry AIJ'a i r s fuIini-ster-lnc hurge. lElT(56) THE CAZETTE OF PAKISTAN, EXTRA., JIJNE5,20l8 [Pemlll

REPORT OF THE STANDING COMMITTEE ON STATES AND FRONTIER REGIONS (SAFRON) ON THf, TRIBAL AREAS REWAJ B[LL,20t7

I, the Chairman of Standing Committee on States and Frontier Regions, have the honor present this report on the Bill to provide for a system ofadm inistration ofjustice, maintenancc ofpeace and good govemance in the fi-ederally Administered 'lribal Arcas and Protected or Administered Areas [The'liibal Areas Rervaj Bill, 2017]. referred ro the Comr)rittee on l5th Mai.20l7.

2. The Committee consists of the following:-

(l) Mr. Muhrmmad Jamal ud Din Chuirmun (2) Mr. Muharnmad Nazir Khan l4ember

(3) Mr. Ghalib Khan llle m ber (4) Begum Tahira Bukhari Member (s) Ms. Iffat Liaqat Mentber (6) Dr. Asma Mamdot Menrber (7) Sheikh Fayyaz-ud-Din Member (8) Mian Shahid HLrssain Khan Bhatti Memher (e) Mr. Ghulam Muhanrnrad [-ali lVlentber (t0) Mr. Atiab Shahban Mirani l4anther (il) Mrs. Surraiya Jatoi Member ( l2) Mr. Shahjahan Baloch Membcr (13) Mr. Qaiser Jamal Menber ( l4) Ms. Ayesha Gulalai Member (t5) Mr. Nasir Khan Member (16) Mr. Muhammad Kamal Malik A,Iember ( l7) Sahibzada Thriq Ullah Menber (18) Mr. Amir Haider Khan Mentber ( le) Mr. Bilal Rehman Menbcr

(20) Mr Bismillah Khan ,\'Ic nt bc r (2 l) Lt. Gen. (R) Abdul Qadir Baloch.Mil)iste| fbr Ex-otftcio Menber States irnd Frontier Regions

3. The Committee considered the Bill as intmduced in the National Assenrbl_v" placed at Annex-A. in its rneetings held on l6-05-20 | 7. 23-06-201 7, Pearllll THE GAZET'IE OF PAKISTAN, EXTRA., JLJNE.S, 2018 l8l7(57)

ll-09-2017,02-01-2018 and 29-03-2018 and recommends that the Bill may not be passed by the National Assembly.

sd/- sd/- (TAHIR HUSSAIN) (MUHAMMADJAMAL UD DIN) Secretory Chairmun Islqmabqd, the l2rh April, 2018. Standing Commiltee on Finance, Revenue and Economic Affairs.

Annex-A

[AS INTRODUCED IN THE NATIONAL ASSEMBLY]

BILL " to provide for a systen, of adrninistration ofjustice,, mainlenance of peace and goocl governance fu the Federally Administered Tribal Areas and Protecletl or Adminislered Areas

WHEREAS it is expedient to provide fora systern of administration ofjustice, maintenance of peace and good govemance in the Federally Administered Tribal Areas and Protected or Administered Areas for matters connected therewith and ancillary thereto;

It is hereby enacted as follows:-

I . Short titlc and commencements.{ I ) This Act may be called the Tribal Areas Rewaj Act, 2017.

(2) It shallcome into force in such Federally Administered TribalArea or Areas mentioned in the First Schedule as Protected or Administered Areas or any part thereofas the Federal Govemment may, by notification in the ollicial Gazefte, determine.

2. Definitions.-ln this Act, unless there is anything repugnant in tlre subject or context,-

(a) "Council of Elders" means a Jirga of four more respectable elders appointed under sections 8 or. 10, as the case may be. and presideJ over by the Judgei 1817(58) TIIE GAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 [PmrIII

(b) "Court" means the Court comprising,-

(i) the Judge; and

(ii) the Council ofElders;

(b) "CPC" means the Code of Civil Procedure, 1908 (Act V of 1908) as applicable in the Province of Klryber Pakhtunkhwa;

(d) "Cr.P.C" means the Code of Criminal Procedure, 1898 (Act V of 1898)r

(e) "FATA" means the Federally Administered Tribal Areas and such other areas as specified in the First Schedule;

(0 "Judge" means ajudicial officer appointed by the Federal Govemment to exercisd powers under this Act, Cr.P.C and CPC;

(g) "prescribed" means prescribed by rules made under this Act;

(h) "Protected Area or Administered Area" means the Areas specified in the First Schedule;

(i) "Qawni Jirga" means a Jirga consisting of respectable, elders and represenlal ives of the tribes:

(j) '?ewaT " means customs, traditions and usages ofthe tribes in vogue in P416; and

(k) "Schedule" means a Schedule to this Act.

3. Relation to other laws.{l) The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force.

(2) In case there is any conflict between the provisions ofthis Act and any other larv, including the CPC, Cr.PC and the Qanun-e-Shahodctt, 1984 \P.O;. No. l0 of 1984), for the time being in force, the provisions ofthisAct shallprevailto the extent ofthe inconsistelcy.

(3) The laws and offences as specified in the Second Schedule shall apply to FA fA.

4. Application of CPC.{I)Application of the CPC to FATA shall be subject to the following modifications, namely:- Panr IIII THE GAZETTE OF PAKISTAN, EXTRA., IUNE5,2018 l8l7(59)

(b) reference therein to the Provincial Covemment or Government shall be construed to be a reference to the Federal Govemment; and

5. Application of the Cr.P.C.{ I ) Application of the Cr.P.C to FATA shall be subject to the following modifications, namely:-

(a) reference therein to the Magistrate, Magistrate of the First Class, Magistrate of the Second Class, Magistrate of the Third Class or Magistrate having power under section 30 shall be construed to be a reference to the Judge;

(b) reference therein to the Provincial Govemment or Government shall be construed to be a reference to the Federal Govemment;

(d) reference therein to the officer-in-charge of the Police Station shall be construed to be a reference to the officer-in-charge ofthe concemed Leuies or Khasadars Post, as the case may be, in the areas of their respective jurisdiction.

(2) Norwithstauding anything contained in the Cr.RC, the Judge shall adopt such procedure rvhich facilitates compliance with the provisions of this Act and secures the ends ofjustice in accordance with Rextaj.

6. Judge.{l) The Federal Govemnrent shall appoint such number of Judges in such manner and on such terms and conditions as may he prescribed.

(2) Every Judge shall exercise his powers in such cases or class ofcases and within such local limits as the Federal Govemment may, fiom time-to-time and by order in rvriting, direct. 181160) THE GAZET-I-E OF PAKISTAN, EXTRA., JUNE5,20l8 [Pamlll

7. Civil reference to the Court.-( I ) Any party to a civil dispute may make an application to the Court for decision in accordance wilh Rewaj.

(2) Within seven days ofthe receipt ofan application under sub-sebtion (l), the Judge shall nominate a Council ofElders and communicate their names to the parties.

(3) Objection by any party to any nrember ofthe Council ofElders shall be filed within three days ofthe receipt of communication under sub-section (2).

(4) The Judge shall dispose ofthe objections filed under sub-section (3) within four days aftcr giving the parties an opportunity ofbeing heard and recording reasons for his decision and shall appoint the members ofthe Council accordingly.

(5) The Judge shall call the party complained against to file a written reply within seven days of the receipt of the application under sub-section (l) and on receipt of the reply shall forthwith frame the legal and factual issues on which finding ofthe Court is required.

(6) The Judge shall refer the matter to the Cormcil of Elders within two days ofthe order under sub-section (4), which shall detemrine the factual issues in aocordance wilh the Rervaj and submit its l'indings to the Judge rvithin thirty days.

(7) On receipt of findings, the Judge shall decide the legal issues, if any, u ithin seven days and-

(a) pass adecree in accordance with the findings ofthe Council ofElders; or

(b) except where the findings are unanimous, require the CouncilofElders to review their determination within thirty days or re-constitute the Council ofEiders as provided in this section and require the aforesaid Council to determine the matter again within.thirty days:

Provided that re-constitution ofthe Council ofElders shall be made once only.

8. Effect of decree,- A decree passed under clause (a) of sub-section (4) ofsection 9 shall-

(a) be a final settlement of the case so far as the decree relates to the natter stated in the reference; and Prnrllll THE GAZETTE OF PAKISTAN, EXTRA., JLINE5,2018 18116l)

(b) have, to that extent and subject to the provisions ofthisActwith respect to the filing ofappeal the same effect as a decree ofa Civil Court and shall be executed by the Courtthrough the PoliticalAgent or the Deputy Commissioner, as the case may be, as a decree ofsuch Court.

9. Criminal references to Court.{l) When a criminal case is sent, to the Court for trial, the Judge shall appoint the members ofthe Council of Elders in the same manner and within the same period as specified in sub-sections (2) , (3) and (4) ofsection E.'

(2) The Judge shall refer the case to the Council ofElders immediately on its appointment for determination offactual aspects ofthe case as specified by hirn.

(3) The Council shall determine the factual aspects in accordance with Rerval and subrnit its findings to the Judge within thirty days.

(4) On receipt ofthe findings, the Judge shall decide the legal issues, if any, within seven days and-

(a) pass an order in accordance rvith the findings ofrhe Council ofElders and applicable law; or

(b) except where the findings are unanimous, require the Council ofElders to review their determination within fiirty days or re-constitute the Council ofElders as provided in this section and require the aforesaid Council to determine the matter again within thirty days:

Provided that re-constitution ofthe CouncilofElders shallbe made once only.

10. Bail.-Where any person accused of non-bailable offence is arrested or detained or appears or is brought before the Judge he may be released on bail in accordance with the provisions ofsection 497 ofCr.P.C, except that for the purposes ofthis Act surety includes personal surety or such other surety as is permissible in accordance rvith the /leway.

I l. Rcference by Qaumi ,Ilrga in exceptional cases.-The Political Agent or Deputy Commissioner, as the case may be, may in exceptioniil circumstances, if so recommendedby a Qaurni Jirga ofthe Tribe in the interest ol justice and public peace, refer any offence or civil dispute to the Court for decision thereon.

12. Power to direct removal of structures and encroachments.- ( l) Where it is considered necessary in the interests ofnational security, the Fedcral lElT(62) THE GAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 [PARrlU

Govenrment may, by order in writing, direct the removal of any structures and encroachments situated in close proximity to the frontiers ofthe Islamic Republic of Pakistan to any other suitable site and award to the inhabitants such compensation for any loss which may have been occasioned to them by the removal of their structures and encroachments as, in the opinion ofthe Federal Govemment, isjust and adequate.

(2) Whoever contravenes the provisions of sub-section (l) shall be punished Tvith imprisonment for a temr which may extend to one year and shall also be liable to fine rvhich may extend to fifty thousand Rupees:

Provided that any such penalty shall be awarded by the Court in accordance with the provisions ofsection 10.

13. Power ofFederal Government to transfer the case.-The Federal Govemment lnay, on the application ofany ofthe parties, after notice to the other party and giving them an opportunity ofbeing heard, transler any-' civil or criminal matter to any Judge, within seven days from the appointment of the Council o1 Elders.

14. Extcnsion of Jurisdiction of thc Supremc Court and the Peshawar High Court.{l) The Supreme Court of Pakistan shall have, in relation to the Federally Administered TribalAreas, the samejurisdiction as it has in relation to other areas ofthe Province of Khyber Pakhtunkhwa.

(2) The Peshawar High Court shall have in relation to the Federally Administered TribalAreas, the samejurisdiction as it has in relation to other ar€as of the Province of Khyber Pakhtunkhwa.

15. Appeal and revierv.-( l) An aggrieved person may file an appeal befbrc such court as provided for in the CPC or Cr.PC, as tlre case may be, within thirty days from the date of any decree or sentence passed or final order made by the Court or PoliticalAgent or Deputy Commissioner, as the case may be, under this Act.

(2) An aggrieved party rnay file a review petition before the Court within seven days ofthe impugned decree or final order.

(3) No revision petition shall lie against any interlocutory order ofthc Court

14) The appeal or leview petition shall be dccided within thirty days ofits Iiling. Pemllll THE GAZETTE OF PAKISTAN, EXTRA., JUNE 5, 2018 1817(63)

16. Power to amend Schedule.-The Federal Govemment may, by notification in the official Cazette, amend the Schedule,

17. Power to make rules.-The Federal Govemment may, by notification in the official Gazette, make rules to carry out the purposes and objects ofthis Act.

18. Indemnity.-No suit or other legal proceedings shall lie against any person for anything done or intended to be done in good faith under this Act.

19. Removal of difficulties.-[f any difficulty arises in giving effect to any provision ofthisAct, the Federal Govemment may, within aperiod not exceeding two years from the commencement ofthisAct and by order in the official Gazette, make such provisions not inconsistent with the provisions of this Act as it may consider necessary for the rernoval of suclr difficulty.

20. Repeal.-The Frontier Crimes Regulation, l90l is hereby repealed.

THE FIRST SCHEDULE

[see section 112)]

Federally Administrated Tribal Areas include

(a) Tribal Areas adjoining Peshawar district;

(b) Tribal Areas adjoining Kohat district;

(d) Tribal Areas adjoining Lakki Marrvat district;

(e) TribalAreas adjoining Dera Ismail Khan district;

(f) Tribal Areas adjoiningTank district;

(g) Bajaur Agency;

(h) Orakzai Agency;

(D Mohmand Agency;

(j) Khyber Agency; 1817(64) THE GAZETTE OF PAKISTAN, EXTRA., JtNE5,2018 [PARrlU

(k) Kurram Agency;

0) North Waziristan Agency; and

(m) South Waziristan Agency.

PART II

Protectcd/Administered Areas

(a) Tribal Areas adjoining Kohat district,-

(D Northem end of Kohat tunnel. including access road up to Abbas Chowk; and

(ii) Akhurwal area extending from Levies post, Spina Thana up to FAIA University on the northem side ofthe Indus Highway;

(b) Tribal Areas adjoining Tank district,-

Jandala town and Camp rnd Khargai:

(d) Orakzai Agency, town and camp areas of Kalaya and Ghaljo.

(e) Mohmand Agency,-

(i) Ekka Ghund town and camp area;

(ii) . Ghalanai town- and camp area;

(iii) Yousuf Khel camp area ; and

(iv) Mohmad Cat area;

(0 Khyber Agency,-

(i) Towns and camps of Bara, Jamrud, Landi Kotal I and

(ii) Torkham area ofLandi KotalTehsil:

(e) Kurram Agency,-

entire Upper and Lower Kurram sub-divisions; PARTllll THE GAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 181165)

(h) North Waziristan Agency.

(i) town and camp of Miransha including the villages of Miranshah, Danday, Darpakhel and Tabitolkhel;

(ii) Town and camp of MirAIi; and

(iiD Razmak town and cantonment; and

(i) South Waziristan Agency;

(D Wana bazaar and camp;

(ii) Sarwakai camp;

(iii) Ladda town and camp;

(iv) Toikhulla carnp: and

(v) Azam Warsak and border crossing point at AngoorAdda.

SECOND SCHEDULE

. lsee section 3 (3)j PART I

Procedural laws

The Code ofCriminal Procedure, I 898 (Act V of 1898) as applicable -l in thc Islamabad Capital elrikrry and as rnodifled ltrr thc purposc of this Act:

2. The Code of Civil Procedure, 1908(ActVof 1908);and

3. The Qantm-c-Shcthadut, 1984 (P.O.No. l0 of 1984).

PART-II

Other laws

I The Pakistan Penal Code (Act XLV of 1860) rvith the nrodification that in all cases punishable r.vith death the pLrnishment shall be imprisonrnent tbr life: lElT(65) THE GAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 [Pamlll

2. thc National Accountability Ordinance, 1999 (XVI Il ol 1999);

3. theAnti-money Laundering Act, 2010 (Vll of200l)r

4. the Anti-Narcotics Force Act, 1997 (ll I of 1997);

5. the Cigar€ttes (Printing of \!hming) Ordinance, 1979 (LXXIII of 1979);

6. the Conternpt ofCourt Ordinancc,2003 (lV of2003);

7. the Control at Narcotic Substances Act, 1997 (XXV of 1997);

8. the Cutting olTrees lProh ibition l Acl. 1992(XVIII cf 1992):

9. the Drug Regulatory Authority of Pakistan Act, 2012 (XXI ol20l2);

10. tlie Drugs Act. 1976(XXXI of 1976) and the rules made thereunder;

ll. the Electricity Act. 1910(lXof l9l0);

12. the Eleclron ic Transactions Ordinance, 2002 (Ll of 2002)t

13. thc Enrigration Ordinance, 1979(XVtll of 1979);

14. the Ernployment of ChildrenAct. l99l (Vof l99l)r

15. the Epidemic Diseases Act, 1958 (lll of 1958);

16. the Exit from Pakistan (Control) Ordinance,l98l (XLVI ofl98l)and the rules nrade thereunder:

17 . the Explosive Substances Act. 1908 (VI of 1908);

18. the Explosives Act. I 884 (lV of I 884);

19. the Extradition Act, 1972 (XXI of 1972)1

20. the Federal lnvestigation AgencyAct. 1974(Vlll ol'1975);

)1. theWest Pakistan Foodstu fls lConrlol) Act. 1958(WPActNo.XXof 1958):

22. the Foreign Exchange Regulation Act, 1947 (VII of 1947) and thc rules made thereunder: PARrllll THE GAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 lElT(6?)

23. the Foreigners Act, 1946(XXXI of1946);

24. the West Pakistan Good Conduct Prisoners' Probationer Release Act, 1926 (WP Act No. X of 1926) and the rules made thereunder;

25. the Identification of Prisoners Act, 1920(XXXIIlof1920);

2.6. the Illegal Dispossession Act, 2005 (Xl of2005);

27. the Indecent Advertisements ProhibitionAct, 1963 (XII ofl963);

28. the Industrial Relations Act. 201 2 (X of20 I 2):

29. the lnvestigation for Fair Trial Act, 2013 (l of 2013);

30. the Juvenile Justice System Ordinance,2000 (XX of 2000) and the rules madc thereunder;

3l the Khyber Pakhtunkhwa Appointment of Law Officers Act,2014 (Khyber Pakhtunkhwa Act No. XXXVII of20l4);

32. the Khyber Pakhtunkhrva Environmental hotection Act, 20 1 4 (Khyber Pakhtunkhwa Act No. XXXVlll of 2014);

33. the Khyber Pakhtunkhwa ExplosiveAct, 2013 (Khyber Pakhtunkhwa Act No. XXIV of 2013);

34. the Khyber Pakhtunkhwa Explosive Substances Act. 2013 (Khyber Pakhtunkhwa Act No. XXV of 2013);

35. the Khyber Pakhtunkhwa Prevention of Gambling Ordinance, 1978 (Khyber Pakhtunkhwa Ordinance No. V of 1978);

36. the Khyber Pakhtunkhrva Protection of Breast-Feeding and Child Nutrition Act, 2015 (Khyber Pakhtunklrwa Act No.VII of 2015);

3'7 . the Limitation Act. 1908 (lX of 1908);

3 8. the National Comm ission for lJuman Rights Act, 2012 (XV I of 20 i 2);

39. the Offence of prr/ (Enfortem ent of Hadd) Ordinance, 1979 (Vlll of 1979)l 18l{68) THE CAZETTE OF PAKISTAN, ExTRA.r JUNE5, 2018 [PARrlll

40. the Offence Against Property (Enforcement ofHadd) Ordinance, 1979 (Vl of 1979);

.11. the Oftences in Respect ofBanks (Special Courts) Ordinance, 1984 1lX ol' I 084):

42. the OlTences of Zina (Enforcement ofHadd) Ordinance, 1979 (VIl of 1979);

43. the Pakistan Citizenship Act, l95l (ll ofl95l);

14. thc Pakistan Environmental Protection Act, 1997 (XXXlll of 1997);

45. the Pakistan Hotels and Restaurants AcI, 1976 (LXXXI of 1976);

46. the Parks and Florticulture Authority Act,20l2 (Punjab ActNo. XLVII ol20l2):

.17. the PassportsAct, 1974 (XX of 1974) and the rules nrade thereurrder;

,18. the Payment Systems and Electronic Fund Transt'ers Act, 2007 (lV of 2007);

49. the Press, Newspapers, Nervs Agencies and Books Registration Ordinance,2002 (XCVlll of2002) and the rules made thereunder;

50. the Prcvention and Control of Human Trafficking Ordinancc, 2002 (LIX of 2002) and the rules made thereunder;

51. the Prevention of Anti-National Activities Act, 1974 (VII of 197 4);

52. the Prevention ofCorruption Act, 1941 (ll of 1947);

53. the Prevention ofCruelty to Anirnals Act, 1890(Xl ofl890)l

54. the Prevention ofElectronic CrimesAct,20l6 (XL of20l6);

55. the Prevention of Gambling Act, 1977 (XXVIII of 1977):

56. the Prevention ofSeditious Meetings Act, l9l I (Xof l9ll);

57. the Prisoners Act. 1900 (lll of 1900); Pearllll TttE GAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 18l(69)

58. the Prohibition of Smoking arrd Proteclion of Non-Smokers Health Ordinance, 2002 (LXXIV of2002);

59. the Protection Against Harassment of Woman at the Workplace Act, :010 (lV oll20l0):

60. the Sccurity ofPakistan Act. lc)5 (XXXV of I952):

61. the Telegraph Act. 1885 (Xlll of 1885);

62. the lbrrorist Affected Areas (Special Courts) Act, 1992(Xof 1992);

63. the Trafic Offences (Special Courts) Ordinance, l98l (XXXIX of l98 r );

64. the Transfer ofOffenders Ordinance,2002 (XXXVIl of 2002):

65. the Transplantation of Human Organs and Tissues Act, 2010 (VI of 20 t0:

66. the Vaccination Act, 1880(XIll ofl980);

67. the West Pakistan Water and Power DevelopmentAuthority Act, 1958 (WP Act No. XXXI of 1958);

68. the Weights and Measures (lnternational System) Act, 1967 (V of 1967) and the rules made thereunder;

69. the West Pakistan Anti-Com.rption Establishment Ordnance, l96l(WP Ordinance No. XX of 196l );

70. the West Pakistan Epidemic Disease Act, 1958 (WP Act No. XXVI ol1958);

7l the West Pakistan Regulation and Conlrol ofLoudspeakers and Sound Amplifiers Ordinance, 1965 (WP Ordinance No. II of 1965);

72. the West Pakistan Tribunal of lnquiry Ordinance, 1969 (WPOrdinance No. II of 1969);

73. the Wild Birds and Animals Protection Act, l9l2(Vlllof l9l2)l

14. the Wireless Telegraphy Act, I933 (XVII of 1933); IEIT(7o) THE GAZETTE OF PAKISIAN, EXTRA., JUNE5,2OI8 [PARTIII

75 the Abandoned Properties (Taking Over and Management) Act, 1975 (Xx of 1975);

76. the Agricultural Pesticides Ordinance, l97l (ll of l97l);

77. the Aircrafu (Rembval of Danger to Safety) Ordinance, 1965(XIIof le65):

78:. the Airports Security Force Act, 1975 (LXXVII of 1975) and the rules made thereunder;

79. the Allopathic System (Prevention of Misuse) Ordinance, 1962 (LXV of 1962);

80. the Anti-dumping Duties Act, 20 I 5 (XIV of 20I 5):

81. the Antiquities Act, 1975 (VII of 1976);

82. theArmed Forces Civil Ceneral Transport Cornpanies and Requisition olCivil '[ransport Ordinance, 2002 (XXII of2002):

83. theAssociated Press of Pakistan Corporation Ordinance, 2002 (LXXX of2002);

84. the Carriage by Air Act. 2012 (lV of 2012):

85. the Child Marriage Restraint Act. 1929 ((XlX of 1929):

86. the CivilAviation Ordinancc, 1960 ((XXXll of 1960):

87. theCivil Defence Act, 1952(XXXI oll952);

88. the Coal Mines (Fixation of Rates of Wages) Ordinance, 1960 (XXXIX of 1960);

89. the Controlof Employrnent Ordinance, 1965 (XXXIIof 1965);

'1962) 90. the Copyright Ordinance, 1962 (XXXIV.of and the rules made thcreunder;

91. the Decorations Act. 1975 (XLIII of 1975):

92. the Destruction of Records Act, l9l 7 (V of l9 I 7); Pe*rllll THE CAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 l8l17l)

93. the Destructive Insects and Pests Act l9l4l

94. the Enemy Property (Continuance of Emergency Provisions) Ordinance, 1977 (XXXIY of 1977);

95. the Factories Act, 1934 (XXV of I 934);

96. the Fatal Accidents Act, 1855 (Xlll ol 1855);

97. the Federal Employees Benevolent Fund and Group Insurance Act, 1969 0l of 1969);

98. the Freedonr oflnformation Ordinance, 2002 (XCVI of2002) and the rules rnade thereunder;

99. the Government Savings Banks Act, 1873 (V of 1873)l

100. the Hindu Disposition olProperty Act. l9l6(XVof I9l6):

l0l . the ll indu Widows Re-Marriage Act, 1856 (XV of I 856);

lO2. the House Building Finance Corporation Act. 1952 (XVlll of 1952)l

103. the Injured Persons (MedicalAid), Act 2004 (XII of2004);

104. the Intellectual Property Organization of Pakistan Act, 201 2 (XXll of 20t2);

I05. the Khyber Pakhtunkhwa Sugar Factories ControlAct. 1950;

106. the Khyber Pakhtunkhwa Tenancy Act, 1950;

107. lhe Law Repoffs Act, 1875 (XVIII of I 875);

I08. the Legal Practitioners and Bar Councils Acts, 1973 (XXXV 1973) and ru les made thelcunderl

109. thc Mines Act, 1923 (lV of 1923);

ll0. the Mines Matem it)' Benetit Act, l94l (XIX of I94l);

I I I . tlre Motor Vehicles (Divers) Ordinance, 1942 (V of 1942); 1811(72) THE GAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 [Perrlll

ll2. the National Database and Registration Authority Ordinance, 2000 (Vlll of2000) and the rules made thereunder;

ll3. thcNational Highway Authority Act, 1991 (Xlof l99l);

I I4. the Notaries Ordinance, l96l (XlXof l96l)l

I 15. the Octh Act, 1873 (X of 1873);

I16. the Otlcial Secrets Act, 1923 (XIX of 1923)l

ll7. the Pakistan Air Force Act. 1953 (VI of 1953);

I I 8. the Pakistan Electronic Media Regulatory Authoritv Ord inance, 2002 (xlll of2002);

119. the Pakistan Madrash Education (Establishment and Affiliation o1' Model Dini Madaris Board) Ordinance, 2001 (XL of 2001 ):

120. the Pakistan Telecommunication (Re-Organization) Act, 1996 (XVII ol1996);

121. the Pakistan Trade Control of Wild Fauna and Flora Act, 2012 (XIV of20 l2);

122. rhe Patents Ordinance,2000 (LXI of2000)l

123. the PensionsAct, l87l (XXXIII ofl87l);

124. the ['ower of Attomel' Act. 1882 (Vll of | 882):

l:5. the Press Council 01'Pakistan Ordinance,2002 (XCVII of2002);

126. the Provincial Ernployee Social Security Ordinance, 1965 (WPX ot' t965);

127. the Provincial Motor Vehicles Ordinance, 1965 (XIXof 1965)l

128. Ihe Public Procurement Regu latory Authority Ordinance.2002 (XXll o12002);

129. the Registration of Foreigrers Act, 1939(XVll of1939)andthelules nrade thereunder; P^RT IIll THE CAZEl-l E OF PAKISTAN, EXTRA,. JUNE 5, 2018 l8l7(73)

130. the Regulation of(ieneration, Transmission and Distribution ofElectric Powei Act, 1997 (XL of 1997);

l3l. the Sacked Employees (Re-lnstatement) Ac! 2010(XXII of20l0);

132. the Sarais Act, 1867 (XXI of I 867);

I33. the Securities and Exchange Ccmmission ofPakistan Act. 1997 (XLII . of 1997);

l,34. the Small and MediLrm Enterprises Development Authority Ordinance, 2002 (XxXIX of2002);

135. the Srnall C lairns and M inor Ollences Courts Ordinanoo, 2002 (XXVI of2002);

136. the Societies Registration Act, 1860(XXI ofl860);

137. the Trade Marks Ordinance, 2001(XlX of200l);

138. the Travel Agencies Act, 1976 (XXX of 1976) and the rules made thereunder:

139. the Trust Act, 1882(llofl882);

140. the Unani,Ayurvedic and Homeopathic Practitioners Act, 1965(llof 1965) and the rules made thereunder; and

141. the Zakat and Ushr Ordinance, 1980 (XVlll ol 1980).

STATEMENT OF OBJECTS AND REASONS

The Rewaj Act for Tribal Areas. 2017 (RRTA) focuses on the introduction ofa legal systemTvhich will provide for retaining the Rewaj in accordancc with tlrc- aspirations of the tribal people .vhile safcguarding their tundamental'rights. It envisages that cert in amendr.;',tr may be incorporated in CrPC and CPC for custonrization and shaping it to incorporate the traditional J irga system for adjudication in the Federally Administered TribalAreas (FAIA), determining the roles and fixing responsibilities between the executive and judicial officers. The Act is designed to be promulgated in the protected areas of FATA in a gradual manner, for which the availability and the provision ofa necessary judicial and prosecution infrastructure coupled rvith awell-trained levies force is ofparamount importance. Thc Rervaj Act t8l7(74) THE GAZETTE OF PAKISTAN, EXTRA., JLJNEs,2018 IPARr lU

in its essence, thus provides for the extension of the jurisdiction of the Supreme Court ofPakistan and Peshawar High Court which in collaboration with an alternate system ofdispute resolution in the form ofa Jirga system for provision ofa speedy justice system to the people ofthe area to which this Act shall apply.

L]l GEN.(RETD) ABDUL QADIR BALOCH, Minister for States and Frontier Regions, lvlin i s t e r- i r, - C lrar ge,

REPORT OF THE STANDING COMMITTEE ON STATISTICS ON THE GENERAL STATISTICS (REORGANIZATION) (AMf,NDMENT) BILL,2OI7

I, the Clrairman of Standing Committee on Statistics, have the honor to prcsent this report on the Bill further to amend the General Statistics (Re-organ ization) Aot, 201 I [The General Statistics (Reorganization) (Amendment) Bill, 2017] (Government Bill) refened to the Committee on 2nd October, 201 7.

2. The Committee consists of the follbwing:-

(l) Dr. Ramesh Kumar Vankrvani Chairnnn (2) Dr. Shezra Mansab Ali Khan Kharral Member (3) Ms. Romina Khurshid Alam Menber (4) Ch. Asad-ur-Rehman Mentber (5) Nawabzada Mazher Ali Member (6) Mr. Sarzameen Khan Mentber (7) Mr. Muhammad Raza Hayat Hiraj Mentber (8) Syed Muhammad Asghar Member (e) Chaudhry Muhamrnad Ashraf ll{ember

( 10) Ms. Sabiha Nazir Member (l l) Syed Mr"rstafa Mehmud Manrber (12)' Makhdoom Saeed-uz-Zaman Member (t3) Dr. Nafisa Shah Member ,114) Lal Chand Malhi Member r'l 5) Mr. Aqib Ullah Khan Manber r'l 6) Mr'. Iqbal Muhamrnad Ali Khan Me nber ( l7) Engineer Muhammad Usnran []adini Membcr PARrlUl THE GAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 1617(75)

(18) Sahibzada Muhamrnad Yaqub fu[ember (le) Mr. Jarnshaid Ahmed Dasti Member (20) Mr. Kamran Michael Ex-offtcio Mentber Minister for Statistics

3. The Committee considered the Bill as introduced in the National Assenrbly placed atAnnex 'A'in its meetings held on 06-02-2018,27-02-2018 and 20-03-201 8 and the Committee recomn'tends that the Bill may not be passed by the National Assembly.

sd/- sd/ (TAHIR HUSSAIN) (DR. RAMESH KUMAR VANKWANI) Secretoty Chairnnn lslamabad, l2th April 2018. Standing Committee on Stolistics. ANNEX'A'

[AS REPORI'ED BY l'HE S]ANDING COMMITTEE]

BILL

Io atnend lhe General Statistics (Re-organization) Act, 2011

WrEREASAfticle 5l(5) ofthe Constitution ofthe lslamic Republic of Pakistan mandates the allocation of National Assembly seats to the Provinces, Federally Administered Tribal Areas and the Federal Capital on the basis of population in accordance with the last preceding census, officially published;

ANt; witunuas it is necessary to anrend the General Statistics (Re- organ ization) Act, 201 1 (XIV of 20 I I ) in order to provide lbr publication of resu lts of popLrlation and housing census in the ofllcial Gazette;

It is hereby enacted as follorvs:

1. Short title and commencement.- This Act may be called the Gcneral Statistics (Re-organization) (Amendment) Act, 201 7.

(2) It shall corne into force at once.

2. Amendment of sectior 31 of Act XIV of 2011.-ln the General Statistics (Re-organization) Act, 201 I ( XIV of2011), the existing section 3 I shall be nurnbered as sub-section ( l) and the follorving nerv sub^section (2) shall be added: l8l7(76) THE GAZETTE OF PAKISTAN, EXTRA., JLINE5,20l8 [P^Rrltl

'(2) The Bureau shall provide the results of the census to the Federal Govemmentu,hich shalldirect the same to be published by notification in the ofiicial Gazette:

Provided that the Federal Covemmenl may also direct publication of the provisional resrrlts of a censrs for the l)urposes ol'clausc (5) of Article 5l of the Corrstitution.''.

STA.I'EMENT OF OBJECTS AND REASONS

Article 5l(5) ofthe constitution provides that seats in the National Assembly shall be allocated to each province ,the Federally Administered Tribal Areas and the Federal Capital on the basis of population in accordance with the last preceding censLrs otTicially published. Even otherwise, it is irrportant for people to know the result ofa census for planning and other purposes. However, there is no provision in the General Statistics (Re-organization)Act, 201 I for official publication ofpr ovisional or final population census. It is necessary to amend the General Statistics (Re-organization)Act, 201 I in order to provide forpublication ofresults ofcensuses in the official Cazette.

MR. KAMRAN MICHAEL, Min ister for Stal islics Minister-in-Charge.

SurxrcI:-REPORT O['THE STANDING COMMITTEE ON LAW AND .IT]STICf, ON THE EVENING COURTS BILL,2OI7

I, the Chairman ofStanding Comnrittee on Law and Justice. have the honor to present this report on the Bill fumher to provide for Evening Courts lthe Evening Courts Act- 201 7l (Government Bill) rel'erred to the Committee on 2nd October, 20 7.

2. The Cornmittee consists of lhe following:-

(t) Chaudhary Muhammad Ashlaf Chairman (2\ Justice (Retd.) Iftikhar Ahmad Cheema Member (3) Rana Muhammad Afzal Khan Member (4) Mr. Muhammad Moeen \Yaftoo Member (s) Mr. Muhammad Raza Hayat Harraj Member PARrllll THE GAZETTE OF PAKISTAN, EXTRA., JtjNE5,20lE lEl7O7)

(6) Sardar Muhammad Amjad Farooq Khan Member Khosa (7) Ms. Kiran Haider Member (8) Syed Irnran Ahmed Shah Member (e) Ms. Asiya l'laz Tanoli Member ( l0) Mr. Rajab Ali Khan Baloch Mentber (l l) Sycd Naveed Qamar Mcmber (12) Mr. Muhammad Ayaz Soomro Member ( l3) Ms. Shagufta Jumani Member (t4) Mr. Shahab-ud-Din Khan Member (ls) Eng. Ali Muhammad Khan Advocate Member ( l6) Dr. Arif AIvi Mentber ( l7) Mr. S.A iqbal Quadri Mentber (18) Moulana Muhammad Khan Sherani Menier ( le) Ms, Aisha Syed Mentber (20) Chaudhry Mahmood Bashir Virk,M inister for Ex-of cio Memher [-aw and Justice

3. The Comrnittee considered the Bill as introduced by the National Assembly placed at Annex-A, in its meetings held on 25-10-2017 and 22-03-2018 and rnade the following anrendment therein: -

ln schedule, in part I, after Paragraph (5),the following nelv paragraph (6) shall be added narnely:-

"(6). Cases mentioned in Order XXXVII and Order L, of the Code of Civil ProcedLrre I908. (v of I908)."

4. The Committee recommends that the Bill reported by the Standing Cornrnittee placed at Annex-B, may be passed by the National Assembly.

sd/- sd/- (,I'AHIR HUSSAIN) (CHAUDHRY MUHAMMAD ASHRAI:) Secrelory Chairnnn, Standing Conmtittec on Islanrubad, 26th April, 2018 Luw and Justice. l8l7(78) THE GAZETTE OF PAKISTAN, EXTRA.. JUNE5,20l8 [Pmr Ill *ANNEX-A"

IAS INTRODUCED IN THE NAI'IONAL ASSEMBLY]

BII,I-

to protide for Evening Courls

WHEREAS it is expedient to take appropriate steps for speedy disposal of cases pending in the courts;

It is hereby enacted as lollows:-

l. Short title, extent and com mencement.-( 1) This Act rnav be cz.lled the Evening Courts Act, 201 7.

(2) tt shall extend to the Islamabad Capital Territory'.

(3) lt shall come into force at once.

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

(a) "Court" means the Evening Court notified under section 3;

(b) "Government" in respect of lslamabad Capital Tenitory means the Federal Govemment;

(d) "Judge" means any person designated under section 5, to uork as Judge ofthe Court;

(e) "member of staff' means any person or in employee working in a court under the supervision and control ofa High Court;

(l) "prescribed" means prescribed by rules made under this Act; and

(g) "Schedule" rneans Schedule to this Act. Penr llll THE GAZETTE OF PAKISTAN, EXTRA., JLINE5,2018 1817(79)

3. Evening Courts.-The Government, may, in consultatic with the High Court, notifo any court to be an Evening Couft under this Act.

4. Jurisdiction ofthe Court.-{l) Subjectto sub-section (3), the Court shall havejurisdiction in respect ofcivil matters specified in Part-l ofthe Schedule and criminal matters specified in Part-ll of the Schedule.

(2) Thejurisdiction ofthe Court shall be concurrent rvith other courts of equ ivalentj u risd iction under the supervision and control ofthe High Court.

(3) A case relating to any mafter falling in the Schedule shall be refered to the Evening Courtonly with the mutual consent ofthe parlies, failing such consent it shall proceed in the same court in which it is pending.

5. Appointment of Judges.{l) The Govemment, in consultation with the High Court, may designate any serving Judicial Olficer to work as Judge, and he shall be entitled to such special allowance as the Govemment may by order specify.

(2) The Govemment may appointany retired JudicialOfficer oran advocate having at least ten years standing at the Bar as Judge on the terms and cond itions as may be notified in consultatiorr with tlie Chief Justice of the High Court coricerned.

6. Appointment of rnembers of staff of the f,vening Court.-( l) The Govemment rnay designate any serving member ofthe staff in a court under the supervision and control ofa High Court to work as a member ofthe staffof the Court:

Provided that no such serving member shall be appointed as a member of the staffofthe Court without his consent.

(2) The Govemment may appoint any r,etired member of the staff as member ofstaffofthc Court on such terms and conditions as may be determined in this behalf.

7. Working Hours.-The rvorking hours of the Court shall be such as may be notified by the Govemment, on both weekdays and on specified holidays.

8. Supervision and control.-Subiect to overall control of the Iligh Court, the District and Sessions Judge in a district shall supervise and monitor lhe functioning ofthe Courts under this Act.

9. Savings.-Save as otherwise provided in this Act, the law and nrles in force as applicable to courts under tlre supen,ision and control of a High Court shall elso be applicable to the Courts under this Act. l8l7(80) THE GAZETTE OF PAKISTAN, EXTRA., JUNE5.20l8 [Panrlll

10. Power to amend the Schedule.-The Government rnay, by notification in the official Gazette, amend the Schedule by adding or altering any entry therein or omitting any entry therefrom.

I l. Power to remove difliculty.-lf any difficulty arises in giving effect to any provision ofthis AcL the Government may nrake such order not inconsistent with the provisiorrs of this Act as may be necessary to remove the difficulty.

12. Power to make rules.-The Covemment may, in consultation with all the High Courts, make rules to carry out the purposes of this Act.

Sched ule

[see section 4]

Part-I

Civil matters

L A dispute between a landlord and tenant.

2. Pre-ernption cases

3. Matters under the Family Courts Act, 1964(w.PXXXVof 1964).

4. Rent matters

5. Cases transferred by the District Judge or the High Court.

Part-lI

Criminal matters

I Cases pertaining to offences triable summarily under Chapter XXII of the Code ofCriminal Procedure, 1898.

2. Crim inal matters under the Small Claims and Minor Offences Courts Ordinance, 2002. not covered under serial No. l.

3. The cases transferred by the Sessions Judge or the High Court. PARrllll THE GAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 isll8l)

STATEMENT OF OBJECTS AND REASONS

Right to speedy justice is an essential system of any effective civil and criminaljustice system. There is a well knorvn saying that 'Justice delayed is Justice denied'. Unfortunately huge pendency of cases combined with large number of new institutions has placed increasingly heavy burden on the sub.ordinate judiciary. It is, therefore, proposed to notiry some courts as Evening Courts to decidc certain spccified categories ofcivil and criminal cases, rvhich will help clear the backlog and expedite disposal ofsuch cases.

The Bill is designed to achieve the aforesaid objects

MR. ZAHID TIAMID, Minister for Law und Justice Minister-in-Charge.

ANNEX-B

[As REPoRTED By nrD STANDTNC CoMMIT[rEl

BILL

to provide for Evening Cotrts

WHEREAS it is expedient to take appropriate steps for speedy disposal of cases pending in the courts;

It is hereby enacted as follows:-

l. Short title, extent and commenccment.--( I ) This Act may be called the Evening Courrs Act, 201 8.

(2) It shall extcnd to the lslamabad Capital Territory.

(3) It shall come into force at once.

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

(a) 'Court" rneans the Evening Courl notified undsr scction 3; lEl?({t:) THE GAZETTE OF PAKISTAN, EXTRA., JUNE5,2018 [P,urlll

(1 ''Govemment" in respect of Islamabad Capital Territory means the Federal Government;

(d) "Judge" rneans any person designated under section 5, to work as .hldge of thc Court;

(e) 'member of staff' means any person or an employee working in a .ourt under the supervision and control ofa High Coun;

(l) "prescribed" means prescribed by rules rnade under this Act; and

(g) "Schedule" means Schedule to this Act.

3. Evening Courts.-The Government, may, in consullation rvith the High Court. notiry any court to be an Evening Court under this Act.

4. Jurisdiction ofthe Court.{l) Subject to sub-section (3), the Court shall havejLrrisdiction irl respect ofcivil malters specified in Part-l ofthe Schedtrle and crirninal matters specified in Pan-ll ofthe Schedule.

(2) Thejurisdiction ofthe Court shall be concurrent with other couns of equ ivalcntjurisdiction under the supervision and control ofthe lligh Court.

(3) A case relating to any matter falling in the Schedule shall be referred to the F:\,ening Court only with the mutual consent of tlre parties, failing such consent it shall proceed in the same court in rvhich it is pending.

5. Appointment ofJudges,{ I ) The Government, in consultation with the High Court, may designate any serving JudicialOfficerto rvork as Judge, and he shall be entitled to such specialallowance as the Govemment may by ordel specif.

(2) The Govemment may appoint any retired JudicialOfficer oran advocate hav in8 at least ten years standing at the Bar as Judge on the terms and conditions as rna1, be notilied in consultation with the ChiefJustice ofthe High Court concerned.

6. Appointment of members of staff of thc Evening Court.-(l) The Covenrment may designate any scrving member ofthe staffin a court under thc supervisii,n and control of a High Court to work as a member of the staff of the Court: P^Rrllll THE GAZETTE OF PAKISTAN, EXTRA., JUNE5,20l8 l8l7(83)

Provided that no such serving member shall be appointed as a member of the staffof the Court without his consent.

(2) The Govemment may appoint any retired member of the staff as member ofstaffofthe Coun on sLrch tenns and conditions as mav be determined in this beha lf.

7. Working Hours.-The rvorking hours of the Court shall be such as nray be notified by the Government, on both weekdays and on specified holidays.

8. Supervision and control.-Subject to overall control of the High Court, the District and Sessions Judge in a district shall supgrvise and monitor the functioning ofthe Courts under this Act,

9. Savings.-Save as othenvise provided in this Act, the law and rules in force as applicable to cor.rits under the supervision and control of a I{igh Court shall also be applicable to the Courts under this Act.

10. Power to amend the Schedule.-The Government may, by notification in the official Gazette, amend the Schedule by adding or altering any entry therein or ornitting any entry tlrerefrom.

I l. Power to remove difficulty.-lf any difficulty arises in giving effect to any provision of thisAct, the Government may make such order not inconsistent with the provisions of this Act as may be necessary to remove the difficulty.

12. Pou,er to make rules.- The Government may, in consultation with all the High Courts, make rules to carry out the purposes ofthis Act,

Schedule

lsee scction 4l

Pa rtJ

. Civil m tters

l. A dispute between a landlord md tenant.

2. Pre-emption cases.

3. Matters under the Farnily Courts Act, 1964 (W.P. XXXV of 1964); l8l7(84) THE GAZETTE OF PAKISTAN, EXTRA, JUNE5,2018 [Pemlll

4 Rent maners

5 Cases transferred by the District Judge or the High Court

6 Cases mentioned in Order XXXVII and Order L, of the Code of civil Procedure 1908, (V of 1908)

Part-lI

Criminal mrtters

Cases pertaining to offences triable summarily under Chapter XXll of the Code ofCriminal Procedure, 1898.

2. Criminal matters under the Small Claims and Minor Offences Courts Ordinance, 2002, not covered under serial No.l .

3. The cases transferred by the Sessions Judge or the High Court.

STATEMENT OF OBJEC'IS AND REASONS

Right to speedy justice is an essential system of any effective civil and criminaljustice system. There is a well known saying that Justice delayed is Justice denied'. Unfortunately hirge pendency of cases combined with large number of new institutions hgs placed increasingly heavy burden on the subordinate judiciary. It is, therefore, proposed to notiry some courts as Evening Courts to decide certain specified categories of civil and criminal cases, which will help clear the backlog and expedite disposal ofsuch cases.

The Bill is designed to achieve the aforesaid objects.

MR. ZA}{ID HAMID, Ministen lor Luw anil Justice Minister-fu-Charge.

TAHIR HUSSAIN, Secretary.

PU.INIED BY TIIE MANAC[R PRINTTNC CORpOttAT|ON OF pAXtS]AN pRESS- tSLAtrtABAD. PUllLlSllUD ltY TIIE DEPU TY C()N'IROLLER, S IA-IIONTRy AND I,ORMS, UNtVI]RSn.y ROAU KARACTII