·~ : ... : ... - :.J: -~·· .. ... rt- ' EXTRAOROINARY . "· · · -;,;;;~01;·· , • PV.Bl.I$HEO BY AUTHORITY I • -·= . . PART I· . •J' ' • •l Acts, Ordioan~. Presidents, Ordtrs · and .R•?gulatioos NA'liiONAL ASSEtmiLY SE~f;TABJAT Islamabad, the 2Sih }rme, 1990 The following Ac.r of Majlis-e-Shoora (Parliament) received the assent of the President on the 241h June, 1990, and is hereby publishe:d for general in(orma­ lion ·;_ : .. ACl' No. ~I OF 1990 An. Act to provide for the establishment of the National Tariff Commissiou WHEREAS it is expedient to provide for 1bc c.>astitutio:n of the Nalional Tariff Commission and for mattcxs connected tltere\'tith or aociJJai-y thereto ; It is hereby enacted as follows :- ·. , l. Sho,r;t, tillc, ut~nt _and coytmenccmeot.-(1) This Ac1 may be called, the N4f~onal Tafill Comtn.i s~ ion Ac~, 199.0. (2) It exten'ds to the whole of Pakistan. (3) It shall come into force ar once. [3566jBx. Gaz.] .. (21) Price : Ps. 60 .. , . 5 • ~~ _TI~~ GAZETT£ OF PAK!STAN'\l!i~TRA .. _JUN.£ 26,1990 (PAR'!' I 2. Detinilious:-In ii1is Act, unless tJ1;re 'ls anyth ing repugoant in the sub­ ject or context, - (a) '' Commission '' means the National Tariff Commission established under section 3' ; ' .· (b) " prescribed " means pi'C'scribed by rules made under this Act. 3. );:~1al>l.ishrnent of the Nation~! Tari6' Commis·sion.-(1) As soon as may be after the commencement of tJiis Act, the Feqera l G-overnment shall establish in accordance with the pi·ovistons of this Acl. a Commis.~ioo to be called the National ·Tari ff Commission. (2) The Cornniission shall be.{' body corporate 1\aving perpetual succession and a common seal with power, subject to the provisiions of this Act, to acquiie , • hold and dispose of prqperty, bol l~ 1nov.able and im;movable, and shall by the name specified in sub-section (1) sue and be sued. (3) The head offiee ·of the Coti:unission sJiaJJ. be m Islamabad. 4. Fondio11 of. the Co mmi.ssiou .~'the (unction of tlle Cornmiss•on sl!all be to advise the Govemrncnt on- ' (i) tariff measures or other form of assi.stanc;} tor- (a). providing prot~ction to the indigenous industry ; (b) improving the competitiveness o{ the indigenous industry ; or (c) promoting exports .fr<;>m Pak ist~o ; (ii) measures ..to counter d1tmping· .and other. unfair measures adopted in resp<)ct of import and sale of foreign goods in Pakistan ; a nd (iii) ally other matter relating to protectiou or assistance to the indigenous industry that the F ederal Governme r~t may refer to the Commission. ' I ...._ • 5. Composition of the Commissiou.- The Commissio11 shall consist of a Chairma n not below ·the status of Secretary_ to the F(lderal Government and two ...., members not below the status of Additional Secretary to the Federal Government to be appointed by the Fe(leral Governme nt. 6. 'term of tbe office of Cba.irman and membet·s.-U,lless otherwise direc- "' te(l by the F ederal Government, the Chairm an and a member of the Coromiss.ioJ.l •• shall hold office for a term of three years and shall be <:ligible Cor a rc-apP.ointmeut for a si.tl\ilar term. - 7. Transaction of business of the Commi.ssion.-Wherc the Commission con- "1 sists of: .more than one member, the Chairman nlay distribu te the busi.oess of the Com mission ar:no1lgst its members and the member to whom any busio,ess has ·been allo.cated under such d.istributiou may l!ansact the bus ine~ ~@gly :, l .... -..J ~ \~ v fAJtl' I] :'l!HB GAZETTE Of ~AKlSTAN, ~XTR~.;:: H:JNE-26, 1990 .2J 1'ro9idcd that a member of the Commission to whom an}'•.bi\Siness has been so allocated may. if he thinks fit, refer such .busine,s.s to Lhe CammiJsion. 1 . ' 8. Ad mi ni~1ra1ion .-( l) The Commission shall appoint a Secretary '(o the Commission who s!Jall perforih the following• fuuctions and duties, namely :- (i) 'to keep ill custody· the records aod seal oi Lhe Cotruui_ssion ; (ii) to authorise payment of monthly salaries and allowan ces to the employees of the Commission ; (iii) to propose budget estimates and revised budget cJStimatcs and place the same before the Commission ; (iv) to pcrfonn aoy other dutiM which may be assigned to him by Lbe ~m~oo. ' I' ' (2) The Commission may do all such acts and tak,e all such .~t~,ps ns are necessary for the perfo rmance of the funct)on_s of the Commission, including,the _ appoin tment of such officers a"'J enga gement of such consult~ts and advisers, as it considetS necessary for the efficient perfonuaoce of its functions, on such tenps and cond itions as may be approved by the Federa l Governmen t. 9. Fnnds or the Commission.- The funds of the Commission shall consist of­ ' (a) grants from the Federal Government.; (b) fees ; and 'I' (c) aid f~om intemational agencies. 10. Budget, audit and accoonfs. -(1) The Commi~ion shall submit to the Federal Government in respect of each year by such date as may be prescribed its budget showing its estima ted receipts and expen diture. (2) The funds of the Commission shall be kept in the Governm ent Treasury in a Pcrso"nal Ledger Account. (3) The accounts of tlte Commissio1l shall be audited by the Auditor Oeneral of Pakistan. · 11. Commission to make enqUiries <>n applicalioo, etc~ T he Commission may - initiate inquiries or investigations for the pu.rpOSt.'S of its functions under this Act 0_!1- (i) an application made t.o it by ao industrial un'I (2) Where it bas decided to undertake any enquiry or investigation, the'"' Commission shall take- such measures as it deems necessary to ensure t11at all ~ tibits 'engaged In economic activities similar to those being carried on by any ·i\'rdu.~i~ial Ul!r iovestigation has been undertaken by the Com· fflission''are informed th~t such inquiry or investigation has been u•Jdertaken. 1~ . <:;onunissi9,n to ~ave power~ of civil, collrt in certain mattets.- The Commi~sion shall have all the . row~rs of a civil court while trying a suie unde1 1 the Code Qj Civil Procedure, 1908 (Act V of !908), in respect of the following' matters, namely :- (i) summoning and enforcing the atle.ndance of any person and examininf I him on oath ; and • (ii) ,requtring the supply of .any information and , production of: an~] document which may be useful for the conduct of its enquiry. _ .14. Sublllission (lj · recomnJendidiolls within :i Spe(.ili~d umc.- The Com..., mission s}lall complete inquiries and investigallom: and submit a report io thJ :Eederal Q~verm.nen t within peri.od not exceeding 120 days. I 15. Penalty for false statement - Any person who knowingly or. willull­ furnishes any i.nformat19n~ or ,!loC!lll!~J;l t o~ book of acC" PAn I] THE GAZETTE OF PAKlS'fAN, EXTRA., JUNE 26, 1990 25 (2) Eyery such officer, consuital\t or adviser who coommunicates any. such ma~ter, except when required by law 1.<) do so or in the di:;clm g,, of his duty as such, shall £e pnolshabJe with imprisonment of either desctiption .for a term ~!lich ~ay extend to three mouths, or with fine 1101 exccoeding ;lftcen thousand rupees, or with both. (3) No court shall take cognizance of a,oy offence punishable under sub­ ..Cction (2) except upon a complain t ill writing made by or under the authority el die Commission. 17. ludemnity.-No suit, prosecution or other legal. proceeding shall lie ~st the Commission or any officer of the Commission or any other person iA respect of anything which is in good faith done or inttended to be done in .P,UJ;Suaoce of this Act or any rules or orders made thereu1nder or in respect of the publication by or under the authority of the Commiss ion or such officer 9f :iity report, paper or proceedings. · 18. Powers lo make mles.-Tb c Commission may with !11e prior approval Qf the Federal Government, by notification in the official Gazette, make rules for oait'ying out the purposes of this Act. K. A. GORAYA, S.ecreC(IrY. PRJNTIIO BY 'l'I!B l!ANAGBR, ~)UN'J'ING CORPOMTION OF PAKISTAN 1'1.\TJSS, ISLAMABAD J'(lBLJSHliD BY THB MANAGER OF J'UllLICATIONS, J<.ARACHI