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Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "4f21997dbc12175c8b33babff410bac56e84c2540a9bd26b3c0800fbd0bf7e1d", "source_sha256": "4f21997dbc12175c8b33babff410bac56e84c2540a9bd26b3c0800fbd0bf7e1d", "text_version_id": "law:pk-code-373a70c7f70e95b5:sha256:4f21997dbc12175c8b33babff410bac56e84c2540a9bd26b3c0800fbd0bf7e1d", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 28 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nTHE GWADAR PORT AUTHORITY ORDINANCE, 2002 \r\n \r\n \r\n \r\n \r\n \r\n \r\n CONTENTS \r\n _________ \r\n \r\n \r\nCHAPTER I \r\n \r\nPRELIMINARY \r\n \r\n1. Short title, extent and commencement. \r\n \r\n2. Definitions. \r\n \r\n3. Declaration of Port area. \r\n \r\nCHAPTER II \r\n \r\nESTABLISHMENT OF THE AUTHORITY \r\n \r\n4. Establishment of Authority. \r\n \r\n5. Management. \r\n \r\n6. Constitution of the Board. \r\n \r\n7. Remuneration and conditions of service. \r\n \r\n8. Duties and functions of Chairman and members. \r\n \r\n9. Headquarters of the Authority and meetings of the Board. \r\n \r\nCHAPTER III \r\n \r\nPOWER AND DUTIES OF THE AUTHORITY \r\n \r\n10. Master­plan and Master­programme. \r\n \r\n11. Preparation of schemes by local bodies or agencies. \r\n \r\nUpdated till 4-4-2022 \r\n\r\n \r\nPage 2 of 28 \r\n \r\n12. Manner and form etc., of scheme. \r\n \r\n13. Powers of the Authority. \r\n \r\n14. Tolls and Charges may be remitted in special cases. \r\n \r\n15. Authority’s lien for tolls and charges. \r\n \r\n16. Owner’s lien for freight. \r\n \r\n17. Discharge of ship­owner’s lien for freight. \r\n \r\n18. Goods may be removed to warehouse. \r\n \r\n19. Recovery of tolls and charges by sale of goods. \r\n \r\n20. Removal of unclaimed goods. \r\n \r\n21. Power to distrain vessels for non­payment of rates, etc. \r\n \r\n22. Port-clearance not to be granted till rates, etc., paid. \r\n \r\n23. Alternate remedy by suit. \r\n \r\n24. Surplus of port dues to be paid to Authority. \r\n \r\n25. Right of Authority to maintain pilots. \r\n \r\n26. Approval and Publication of rules. \r\n \r\n27. Removal, etc., of building. \r\n \r\n28. Private wharves, etc., prohibited. \r\n \r\n29. Power to permit erection of private wharves, etc. \r\n \r\n30. Power to amend schemes. \r\n \r\n31. Execution of schemes, etc., through local bodies and agencies. \r\n \r\n32. Borrowing powers. \r\n \r\n33. Utilization of building material. \r\n \r\nCHAPTER IV \r\n \r\nACQUISITION OF LAND \r\n \r\n34. Liability to acquisition. \r\n \r\n35. Entry upon land, preliminary surveys, etc. \r\n \r\n \r\nPage 3 of 28 \r\n \r\n36. Compensation for damage. \r\n \r\n37. Power to acquire land. \r\n \r\n38. Land to be marked out, measured and planned. \r\n \r\n39. Notice to persons interested. \r\n \r\n40. Enquiry and award by Land Acquisition Collector. \r\n \r\n41. Compensation. \r\n \r\n42. Matters to be considered in determining compensation. \r\n \r\n43. Factors to be ignored in determining compensation. \r\n \r\n44. Vesting of land in the Authority. \r\n \r\n45. Acquisition in cases of urgency. \r\n \r\n46. Power of Land Acquisition Collector to call for information. \r\n \r\n47. Power of Authority to give directions to Land Acquisition Collector. \r\n \r\n48. Appeals. \r\n \r\n49. Land Acquisition Collector and authorized officer to have powers of civil court, etc. \r\n \r\n50. Compensation to fisherman. \r\n \r\nCHAPTER V \r\n \r\nESTABLISHMENT \r\n \r\n51. Appointment and conditions of service of officers, servants, etc. \r\n \r\n52. Powers of Appointment, etc. \r\n \r\n53. Appointment of Consultants. \r\n \r\n54. Members and officers to be public servants. \r\n \r\n55. Indemnity. \r\n \r\n56. Delegation of powers to Chairman, etc. \r\n \r\n57. Industrial Relations Ordinance, 1969 (XXIII of 1969), not to apply. \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 4 of 28 \r\n \r\nCHAPTER VI \r\n \r\nFINANCE \r\n58. Gwadar Port Authority Fund. \r\n \r\n59. Budget. \r\n \r\n60. Audit and Accounts. \r\n \r\n61. Penalty. \r\n \r\n62. Penalty for evading rates, etc. \r\n \r\n63. Compensation for damage to property of Board. \r\n \r\n64. Cognizance of offences. \r\n \r\n65. Recovery of dues as arrears of land revenue. \r\n \r\nCHAPTER VII \r\n \r\nMISCELLANEOUS \r\n \r\n66. Submission of yearly reports and returns. \r\n \r\n67. Members not personally liable. \r\n \r\n68. Limitation of suits, etc. \r\n \r\n69. Authority not responsible for certain acts of its officers and servants. \r\n \r\n70. Power to dispose of land. \r\n \r\n71. Power of Government to make rules. \r\n \r\n72. Power of Authority to make regulations. \r\n \r\n73. Control of Federal Government over acts and proceedings of Board. \r\n \r\n74. Dissolution of Authority and transfer of its assets and liabilities. \r\n \r\n75. Conservator. \r\n \r\n76. Port to be pollution free, etc. \r\n \r\n77. Removal of difficulties. \r\n \r\n \r\nPage 5 of 28 \r\n \r\nTHE GWADAR PORT AUTHORITY ORDINANCE, 2002 \r\n \r\nORDINANCE No. LXXVII OF 2002 \r\n \r\n[17th October, 2002] \r\n \r\nAn Ordinance to provide for the establishment of the Gwadar Port Authority \r\n \r\nWHEREAS it is expedient to provide for the establishment of an Authority within the limits \r\nof Gwadar Port for making arrangements for the planning, construction, operation, management and \r\nmaintenance of Gwadar Deep Water Port at Gwadar, hereinafter referred to as Gwadar Port, and \r\nassociated facilities and industries and for matters incidental thereto; \r\n \r\nAND WHEREAS the President is satisfied that circumstances exist which render it necessary \r\nto take immediate action; \r\n \r\nNOW, THEREFORE, in pursuance of Proclamation of Emergency of the fourteenth day of \r\nOctober, 1999, and the Provisional Constitution Order No.1 of 1999, read with the Provisional \r\nConstitution (Amendment) Order No.9 of 1999, and in exercise of all powers enabling him in that \r\nbehalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the \r\nfollowing Ordinance: — \r\n \r\n \r\n \r\n \r\nCHAPTER I \r\n \r\nPRELIMINARY \r\n \r\n1. Short title, extent and commencement. —(1) This Ordinance may be called the Gwadar \r\nPort Authority Ordinance, 2002. \r\n \r\n(2) It extends to the whole of the Port area. \r\n \r\n(3) It shall come into force at once. \r\n \r\n2. Definitions. — In this Ordinance, unless there is anything repugnant in the subject or \r\ncontext, — \r\n \r\n(a) “Agency” means any department or organization of the Federal Government or \r\na Provincial Government and includes a corporation or other body set up or \r\ncontrolled by such Government; \r\n \r\n(b) “Authority” means the Gwadar Port Authority Established under section 4; \r\n \r\n(c) “Building” includes any factory, industrial or business establishment, shop, \r\ngodown, warehouse, house, outhouse, hut, hutment, shed, garage, stable, well \r\nor platform and any other structu re, whether meant for residential or business \r\npurposes or not, made of masonry, bricks, wood, mud, thatch, metal or any other \r\nmaterial, but does not include a temporary structure made for purposes \r\nconnected with agriculture; \r\n(d) “Board” means the Board constituted under section 6; \r\n \r\nPage 6 of 28 \r\n \r\n \r\n(e) “CDWP” means the Central Development Working Party; \r\n \r\n(f) “Chairman” means the Chairman of the Board and the Authority; \r\n \r\n(g) “ECNEC” means the Executive Committee of National Economic Council; \r\n \r\n1[(ga) “division concerned” means the division to which the subject of the Authority \r\nstands allocated;] \r\n \r\n(h) “Land Acquisition Collector ” means the Land Acquisition Collector having \r\njurisdiction in the Port area, and includes any other officer appointed by the \r\nAuthority to exercise or perform all or any of the powers or function s of the \r\nLand Acquisition Collector under this Ordinance; \r\n \r\n(i) “goods” includes wares and merchandise of every description; \r\n \r\n(j) “high­water mark” means a line drawn through the highest points reached by \r\nordinary spring tides at any season of the year; \r\n \r\n(k) “land” includes buildings and benefits arising out of land and things attached \r\nto the earth or permanently fastened to anything attached to the earth and the \r\nforeshore and the bed of the sea; \r\n \r\n(l) “local body” means a local council or council or municipal body under a law \r\nrelating to local government, or the Cantonment Board, having jurisdiction in \r\nthe area concerned, and includes an Improvement Trust within such area; \r\n \r\n(m) “market value” means the average mar ket value prevailing during the period \r\ncommencing the first day of January, 2000, and ending on the thirty first day of \r\nDecember, 2002; \r\n \r\n(n) “master” when used in relation to any vessel, means any person having for the \r\ntime being the charge or control of such vessel; \r\n \r\n(o) “member” means a member of the Board; \r\n \r\n(p) “owner” when used in relation to goods, includes any consignor, consignee, \r\nshipper, agent for shipping, clearing or removing such goods, or agent for the \r\nsale or custody of such goods; and when used in relation to any vessel, includes \r\nany part owner, charterer, consignee or mortgagee in possession thereof; \r\n \r\n(q) “port area” means the area falling within the limits of Gwadar Port as may be \r\ndefined for the purposes of this Ordinance; \r\n \r\n(r) “regulations” means regulations made under this Ordinance; \r\n \r\n \r\n1Ins. by the Gwadar Port Authority (Amendment) Act, 2021 (XLII of 2021), s. 2. \r\n \r\n \r\n \r\n \r\nPage 7 of 28 \r\n \r\n(s) “rules” means rules made under this Ordinance; and \r\n \r\n(t) “scheme” means a planning scheme or a development scheme made under this \r\nOrdinance. \r\n \r\n3. Declaration of port area. — (1) The Federal Government may, by notification in the official \r\nGazette, define the limits of Gwadar Port for the purposes of this Ordinance and may, from time to \r\ntime, by a like notification, alter such limits. \r\n \r\n(2) The limits defined under sub­section (1) above may extend to any part of the navigable \r\napproaches to the port area, an d may include any wharves, tramways, warehouses, sheds and other \r\nworks made on behalf of the public for convenience of traffic, for safety of vessels, or for the \r\nimprovement, maintenance and good governance of the port, whether within or without high -water \r\nmark, and subject to any rights of private property therein, any portion of the shore within forty­five \r\nmeters of high-water mark. \r\n_________________ \r\n \r\nCHAPTER II \r\n \r\nESTABLISHMENT OF THE AUTHORITY \r\n \r\n4. Establishment of Authority. — (1) There shall be established an Authority to be known as \r\nthe Gwadar Port Authority for carrying out the purposes of this Ordinance. \r\n \r\n(2) The Authority shall be a body corporate, having perpetual succession and a common seal, \r\nwith power, subject to the provisions of this Or dinance to acquire and hold property, both movable \r\nand immovable, and shall by its name sue and be sued. \r\n \r\n5. Management. — (1) The general direction and administration of the Authority and its affairs \r\nshall vest in the Board which may exercise all powers a nd do all acts and things which may be \r\nexercised or done by the Authority. \r\n \r\n(2) The Board in discharging its functions shall act on sound principles of port planning and \r\ndevelopment and port management and shall be guided on questions of policy by such dir ections as \r\nthe Federal Government may, form time to time, give. \r\n \r\n(3) If any question arises as to whether any matter is a matter of policy or not, the decision of \r\nthe Federal Government shall be final. \r\n \r\n6. Constitution of the Board.— (1) The Board shall consist of: — \r\n \r\n(a) The Chairman, Gwadar Port Authority to be appointed by the 1[Prime \r\nMinister]. \r\nChairman \r\n(b) Joint Secretary Communications. Member \r\n(c) Chairman, National Highway Authority Member \r\n(d) Chairman, Coastal Development Authority, Government of Balochistan. Member \r\n(e) Additional Secretary, Ministry of Defence Member \r\n(f) Additional Chief Secretary (Development), Government of Balochistan. Member \r\n_________________________________________________________________________________________________ \r\n 1Subs. by the Gwadar Port Authority (Amendment) Act, 2021 (XLII of 2021), s. 3. \r\n \r\nPage 8 of 28 \r\n \r\n(g) Representative of Quetta Chambers of Commerce and Industry, Quetta. Member \r\n(h) Two members to be nominated by the 1[Prime Minister] including a \r\nrepresentative of the Finance Division. \r\nMember \r\n(i) General Manager, Railways. Member \r\n(j) Director General (Ports & Shipping). Member \r\n \r\n (2) The meetings of the Board shall be held at least once in three months. \r\n \r\n(3) The Chairman or in his absence, a member authorized by him in this behalf, and four \r\nmembers shall constitute a quorum for a meeting of the Board. \r\n \r\n(4) The Chairman and members, other than ex­officio members, shall, unless the 1[Prime \r\nMinister] otherwise directs, hold office for a period of three years. \r\n \r\n(5) Any person ceasing to be Chairman or a member of the Board by reason of expiry of the \r\nterm of his office shall be eligible for re­appointment for another term of three years or for such shorter \r\nterm as the 1[Prime Minister] may decide. \r\n \r\n(6) No act or proceeding of the Board shall be invalid merely on the ground of the existence of \r\nany vacancy in, or any defect in the constitution of the Board. \r\n \r\n(7) The Chairman and any member may, by writing under his hand addressed to the 1[Prime \r\nMinister], resign from his office: \r\n \r\nProvided that his resignation shall not take effect until accepted by the 1[Prime Minister]. \r\n \r\n7. Remuneration and conditions of service. The Chairman and members, other than an ex­ \r\nofficio member, shall receive such salary and allowances and shall be subject to such conditions of \r\nservice as may be determined by the 1[division concerned]. \r\n \r\n8. Duties and functions of Chairman and members. — (1) The Chairman and members shall \r\ndischarge such duties and perform such functions as are assigned to them by or under this Ordinance. \r\n \r\n(2) Until the Board is duly constituted, the Chairman shall, subject to such directions as the \r\n1[division concerned] may from time to time give, exercise the powers, disch arge the duties and \r\nperform the functions of the Board. \r\n \r\n9. Headquarters of the Authority and meetings of the Board. — (1) Until the Authority \r\nestablishes its headquarters elsewhere within the Port area, its headquarters shall be situated at \r\nKarachi. \r\n \r\n(2) The meetings of the Board shall be held at such times and places and in such manner as the \r\nregulations may provide: \r\n \r\nProvided that, until regulations are made in this behalf, the meetings of the Board shall be held \r\nas and when convened by the Chairman. \r\n \r\n \r\n1Subs. by the Gwadar Port Authority (Amendment) Act, 2021 (XLII of 2021), ss. 3-5. \r\n \r\n \r\nPage 9 of 28 \r\n \r\n \r\nCHAPTER III \r\n \r\nPOWER AND DUTIES OF THE AUTHORITY \r\n \r\n10. Master­plan and Master­programme. The Authority shall prepare a master­plan and a \r\nphased master­programme for the development of the port area and the plan and programme shall be \r\nsubmitted to the Federal Government for approval. \r\n11. Preparation of schemes by local bodies or agencies. —(1) The Authority may, pursuant \r\nto the master­plan and the master­programme, call upon any other local body or agency operating in \r\nthe port area to prepare, inconsultation with the Authority, a scheme or schemes in respect of matters \r\nordinarily dealt with by such local body or agency, and t hereupon the local body or agency shall be \r\nresponsible for the preparation of the scheme or schemes within a reasonable time. \r\n \r\n(2) Such schemes may relate to, — \r\n \r\n(a) land use, zoning and land reservation; \r\n \r\n(b) public buildings; \r\n \r\n(c) industry; \r\n \r\n(d) transportation and communications, highways, roads, streets, railways, \r\naerodromes, jetties, wharves, moorings, navigational aids, sheds, warehouses, \r\ngodowns, navigation channels and workshop; \r\n \r\n(e) telecommunications, including wireless, television, radio and telephone; \r\n \r\n(f) utilization of water, power and other natural resources; \r\n \r\n(g) community planning, housing, slum clearance, amelioration; \r\n \r\n(h) community facilities, including water supply, sewerage disposal , electricity \r\nsupply, gas supply, and other public utilities; \r\n \r\n(i) residential accommodation and welfare facilities for employees of the \r\nAuthority; 1[*] \r\n \r\n(j) environmental control and prevention of pollution 2[; and] \r\n \r\n3[(k) spending 7% of the Port ’s net income locally through welfare and uplift \r\nscheme.] \r\n \r\n(3) The Federal Government may, by notification in the official Gazette, add to, alter or amend \r\nthe list of subjects given in sub­section (2), and any such addition, alteration or amendment shall take \r\neffect as if it had been enacted in this Ordinance. \r\n \r\n \r\n1Omitted by S.R.O. 43 (KE)/2006, dt. 24­4­2006. \r\n2 Subs. ibid. \r\n3 Added ibid. \r\n \r\n \r\n \r\nPage 10 of 28 \r\n \r\n(4) The expenditure incurred on the preparation of any such schemes as aforesaid shall be borne \r\nas agreed to between the Authority and the local body or agency, a nd, in the event of disagreement \r\nbetween them, as may be determined by the Federal Government. \r\n \r\n(5) No planning or development scheme shall be prepared by any person or by any local body \r\nor agency operating in the port area without the prior approval of the Authority. \r\n \r\n(6) The Authority may, pursuant to the master­plan and master­programme, prepare such other \r\nschemes for the port area as the need for port development and port management may require. \r\n \r\n (7) The Board shall consider and approve proposals, schemes and projects exceeding twenty \r\nmillion rupees but not exceeding one hundred million rupees and consider and recommend through \r\nthe Ministry to CDWP or ECNEC proposals, schemes and projects exceeding one hundred million \r\nrupees which are federally funded. However, all self financing schemes exceeding one hundred million \r\nrupees shall require the approval of the Federal Government. \r\n \r\n(8) The Chairman shall have the power to approve projects of emergent nature, maintenance, \r\nrehabilitation and construction affecting traffic movement and safety of structures up to twenty million \r\nrupees and to recommend for approval, proposals, sche mes and projects exceeding twenty million \r\nrupees to the Board. \r\n \r\n(9) The Chairman on the recommendations of Board shall have the power s to re­appropriate \r\nfunds from one project to another on the basis of progress of project. \r\n \r\n12. Manner and form, etc. of scheme. All schemes under section 11 shall be prepared in such \r\nmanner and form as the Federal Government may specify, and shall contain among other things the \r\nfollowing information, namely: — \r\n \r\n(a) description of the scheme and the manner of its execution; \r\n \r\n(b) estimate of costs and benefits; and \r\n \r\n(c) allocation of costs to the various purposes to be served by the scheme. \r\n \r\n13. Powers of the Authority .— (1) Subject to other provisions of this Ordinance, the \r\nAuthority may take such measures and exercise such powers as may be necessary for carrying out of \r\nthe purposes of this Ordinance. \r\n \r\n(2) Without prejudice to the generality of the powers conferred by sub­section (1), the \r\nAuthority may, — \r\n \r\n(a) incur any expenditure necessary for carrying -out the purposes of this \r\n Ordinance; \r\n \r\n(b) acquire any land in the port area in accordance with the procedure laid down in \r\nChapter IV; \r\n \r\n(c) undertake any work in the port area in pursuance of any scheme prepared under \r\nsub­section (6) of section 11; \r\n \r\n(d) procure plant, machinery, instruments and materials required for its use; \r\n \r\n \r\nPage 11 of 28 \r\n \r\n(e) enter into and perform all such contracts as it may consider necessary \r\n \r\n(f) cause studies, surveys, experiments and technical researches to be made or \r\ncontribute towards the costs of any such studies, surveys, experiments or \r\ntechnical research made by any other agency at the request of the Authority; \r\n \r\n(g) issue interim deve lopment orders for areas for which a master­plan is under \r\npreparation and restrict or prohibit by general or special order any change in the \r\nuse of land and alteration in buildings, structures and installations; \r\n \r\n(h) cause removal of any works obstructing the execution of any of its schemes; \r\n \r\n(i) seek and obtain advice and assistance for the preparation of any planning \r\nscheme or for the execution of any schemes from any local body or agency and \r\nsuch local body or agency shall give the advice and assistance sought by the \r\nAuthority to the be st of its ability, knowledge and judgment and additional \r\nexpenditure, if any, involved in giving such advice or assistance shall be borne \r\nby the Authority; \r\n \r\n(j) get the works and subsequent operations constructed, completed, carried out or \r\ndischarged through their officers and staff or sublet, transfer or assign the same \r\nto any other person, agency, departments, company or contractor on such terms \r\nand conditions as may be prescribed by the Board and approved by t he \r\n1[division concerned]: \r\n \r\nProvided that the person, agency, department, company or contractor to whom \r\nany work or operation in the above manner has been assigned shall observe all laws, \r\nrules and regulations as applicable to the Authority or adopted by the Authority; \r\n \r\n(k) regulate traffic within the Harbour and port area and make necessary security \r\narrangements; \r\n \r\n(l) acquire, hold and dispose of property, both movable and immovable: \r\n \r\nProvided that the Board shall not be competent to acquire or dispose of any \r\nimmovable property without the prior approval of the 1[division concerned]; \r\n \r\n(m) submit the budget of the Authority to the 1[division concerned] for approval; \r\n \r\n(n) arrange for the accounts of the Authority; and \r\n \r\n(o) carry out any other important work as specified in this section subject to the \r\nprior approval of the 1[division concerned], if necessary and appropriate for \r\ncarrying out the purposes of this Ordinance. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by the Gwadar Port Authority (Amendment) Act, 2021 (XLII of 2021), s. 6. \r\n \r\n \r\nPage 12 of 28 \r\n \r\n \r\n(3) The Authority shall frame, — \r\n \r\n(a) a scale of tolls, dues, rates and charges, annual or other, to be paid by the owners \r\nof vessels plying whether for hire or not and whether regularly or occasionally, \r\nwithin or partly within and partly without the limits of the port area, in respect \r\nof such vessels and to persons whether in charge of, or on board, such vessels, \r\nand also in respect of the licensing, registration and regulation of such vessels \r\nand persons: \r\n \r\nProvided that no such tolls, dues, rates and charges shall be chargeable \r\nin respect o f vessels which are liable to port dues under the provisions of \r\nSchedule I to the Ports Act, 1908 (XV of 1908); \r\n \r\n(b) a scale of tolls, dues, rates and charges, — \r\n \r\n(i) for the landing and shipment of goods from and in sea­going vessels, \r\nand not being sea­going vessels, respectively, at such docks, wharves, \r\nquays, stages, moorings, jetties, piers and anchorages as belong to the \r\nAuthority, or any other agency authorized by the Authority to construct \r\nsuch facilities; \r\n \r\n(ii) for the use of such docks, wharves, quays, stages, moorings, jetties, piers \r\nand anchorages by such vessels; \r\n \r\n(iii) for the storing and keeping of any goods stored in any premises \r\nbelonging to the Authority; \r\n \r\n(iv) for the removal of goods; and \r\n \r\n(v) for the use of any moorings; \r\n \r\n(c) a scale of tools for the use of the said docks, wharves, quays, moorings, stages, \r\njetties, piers and anchorages by and such vessels, in case the Authority permits \r\nthe goods to be landed or shipped by persons other than its own officers and \r\nservants; and \r\n \r\n(d) a scale of charges for, — \r\n \r\n(i) any service to be performed by the Authority or its servants in respect \r\nof any vessels or goods; \r\n \r\n(ii) the use of any works or appliances to be provided by the Authority; \r\n \r\n(iii) for the carrying of passengers and their personal effects on vessels \r\nbelonging to, or hired by, the Authority; and \r\n \r\n(iv) for the towing of, and rendering assistance to any vessels, tugs, or other \r\nboats, or their equipment, within the limits of the port area or outside \r\nthose limits, for the purpose of saving or protecting life or property. \r\n \r\n \r\nPage 13 of 28 \r\n \r\n(4) Every scale framed under sub­section (3) shall be submitted to the Federal Government and \r\nafter approval or modification by the Federal Government, shall be published in the official Gazette. \r\n \r\n14. Tolls and Charges may be remitted in special cases . The Board may, in special cases, \r\nwith the previous sanction of the 1[division concerned], remit the whole or any portio n of a toll, due, \r\nrate or charge leviable according to any scale for the time being in force under section 13: \r\n \r\nProvided that the sanction of the 1[division concerned] shall not be necessary if the remission \r\nin any one case does not exceed five thousand r upees or such large sum as the 1[division concerned] \r\nmay from time to time specify: \r\n \r\nProvided further that in a case where the remission does not exceed two thousand rupees, the \r\nremission may be granted by the Chairman or an officer authorized by him in his behalf. \r\n \r\n15. Authority’s lien for tolls and charges.— (1) For the amount of all tools, dues, rates and \r\ncharges leviable under this Ordinance in respect of any goods, Authority shall have a lien on such \r\ngoods and shall be entitled to seize and detain the same until such tolls, dues, rates and charges are \r\nfully paid and for the amount of lent lawfully due on buildings, plinths, stacking areas and other \r\npremises which are the property of the Authority, and not paid after bills thereof have been duly \r\npreferred, the Authority shall have a lien on all goods therein or thereon, and shall be entitled to seize \r\nand detain the same. \r\n \r\n(2) Tolls, dues, rates and charges in respect of goods to be landed shall become payable \r\nimmediately on the landing of goods and, in respect of goods to be removed from the premises of the \r\nAuthority or to be shipped for export, shall be payable before the goods are removed or shipped. \r\n \r\n(3) The lien for such tolls, dues, rates and charges shall have priority over all other liens and \r\nclaims, except a lien for freight, primage and general average, where such lien has been preserved in \r\nthe manner hereinafter provided; and a lien for money payable to the Federal Government under any \r\nlaw for the time being in force. \r\n \r\n16. Owner’s lien for freight.—(1) If the master or owner of any vessel, at or before the time \r\nof landing from such vessel of any good s at any wharf, dock, quay, stage, jetty or pier, gives to the \r\nAuthority notice in writing that such goods are to remain subject to a lien for freight, primage or general \r\naverage of any amount to be mentioned in such notice, such goods shall continue to be liable, after the \r\nlanding thereof, to such lien. \r\n \r\n(2) Such goods shall be retained either in the warehouses and sheds of the Authority or, with \r\nthe consent of the Collector of Customs, in a public ware-house, at the risk and expense of the owner \r\nof the said goods, until the lien is discharged as hereinafter mentioned. \r\n \r\n17. Discharge of ship­owner’s lien for freight. Upon the production to any officer appointed \r\nby the Authority in that behalf of a document purporting to be a receipt for, or a release from, the \r\namount of such lien, executed by the person by or on whose behalf such notice has been given, the \r\nAuthority may permit such goods to be removed without regard to such lien. \r\n \r\n \r\n \r\n \r\n1Subs. by the Gwadar Port Authority (Amendment) Act, 2021 (XLII of 2021), s. 7. \r\n \r\n \r\n \r\n \r\nPage 14 of 28 \r\n \r\n \r\n \r\n18. Goods may be removed to warehouse. —(1) Whenever goods which have been landed \r\nhave, without any default on the part of the Authority, been left for five clear days on or in any wharf \r\nor shed belonging to the Authority, the Authority may cause such goods to be removed either to any \r\nwarehouse belonging to in, or, with the consent of the Col lector of Customs, to a public warehouse; \r\nand the removal to and detention an any such warehouse shall be at the risk and expense of the owner \r\nof the said goods. \r\n \r\n(2) Whenever any goods are so removed, the Authority shall give notice of such removal to the \r\nconsignee or other person concerned by notification in the official Gazette specifying therein the name \r\nof the ship which brought the goods, the date of her arrival, and the members, marks and descriptions \r\nof the goods so far as the same appear and the consignee of such goods or other person to whom notice \r\nhas been given as aforesaid, in addition to the expenses of the removal of the same, shall be liable, in \r\ncase the goods are removed to any warehouse of the Authority, to a charge for warehousing for the \r\ntime during which the goods shall remain in the said warehouse. \r\n \r\n(3) If the goods are removed to a public warehouse, the said consignee shall be liable to the \r\ncharges for warehousing goods in such public warehouse and the said goods shall remain subject to \r\nall liens to which they would have been liable if they had remained in the possession of the Authority, \r\nand shall be subject to the power of sale hereinafter given. \r\n \r\n19. Recovery of tolls and charges by sale of goods.—(1) If the tolls, dues, rates and charges \r\npayable to the Authority under this Ordinance in respect of any goods which have been landed or if \r\nrents due under section 15 are not paid, or if the lien for freight, primage or general average, where \r\nsuch notice as aforesaid has been given, is not discharged, the Authority may, and in the later event, if \r\nrequired by or on behalf of the person claiming such lien for freight, primage or general average, shall \r\nat the expiration of two months from the time when the goods were placed in its custody, or seized and \r\ndetained for rents due sell by public auction the said goods, or so much thereof as may be necessary to \r\nsatisfy the amounts hereinafter directed to be paid out of the produce of such sale. \r\n \r\n(2) Before making such sale, at least ten days notice of the same shall be given by publication \r\nthereof in the official Gazette and in two local newspapers. . \r\n \r\n(3) If the address of the consignee of the goods or of his agent has been stated on the manifest \r\nof the cargo, or in any of the documents which have come into the hands of the Authority, or is \r\notherwise known, notice shall also be given to the consignee of the goods or to his agent by letter \r\ndelivered at such address or sent by post; but the title of a bona fide purchaser of such goods shall not \r\nbe invalidated by reason of the omission to send such notice, nor shall any such purchaser be bound to \r\ninquire whether such notice has been sent: \r\n \r\nProvided that, if such goods are of so perishable a nature as, in the opinion of the officer \r\nappointed by the Authority in that behalf, to render early or immediate sale necessary or advisable, the \r\nAuthority may within such period being not less than twenty­four hours after the landing of the goods, \r\nas it thinks fit, sell by public auction the said goods or such portion of them as aforesaid in which event \r\nsuch notice, if any, shall be given to the consignee of the goods or his agent as the urgency of the case \r\nadmits of. \r\n \r\n20. Removal of unclaimed goods.— (1) When delivery of goods is not claimed by the owner \r\nat the expiry of one month from the date on which they are placed in the custody of the Authority, the \r\nAuthority shall cause a notice to be served upon the owner requiring him to remove the goods: \r\n \r\n \r\nPage 15 of 28 \r\n \r\nProvided that, where all rates and charges in respect of such goods have been duly paid, such \r\nnotice shall not be served till the expiration of two months from the said date. \r\n \r\n(2) Such notice shall be published and served in the manner prescribed in sub­sections (2) and \r\n(3) of section 19, but where the owner is not known, or the notice cannot be served upon him or he \r\ndoes not comply with the notice, the Authority may sell the goods by public auction after the expiration \r\nof ten weeks from the date on which such goods were placed in the custody of the Authority. \r\n \r\n(3) The 1[division concerned] may, by notification in the official Gazette, exempt any goods or \r\nclass of goods from the operation of this section. \r\n \r\n21. Power to distrain vessels for non­payment of rates, etc.—(1) If the master of any vessel \r\nin respect of which any tolls, dues, rates, charges or penalties shall be payable under this Ordinance or \r\nany rules, regulations and bye­laws made thereunder, refuses or neglects to pay the same or any part \r\nthereof on demand, it shall be lawful for the Authority to distrain or arrest of its own authority such \r\nvessel, and the tackle, apparel or furniture belonging thereto, or any part thereof and distrain the same \r\nuntil the amount so due shall be paid. \r\n \r\n(2) In case any part of the said rates or penalties, or of the costs of the distress or arrest or of \r\nthe keeping of the same, shall remain unpaid for a period of fifteen days next after any such distress \r\nor arrest shall have been so made the Board may cause the vessel, or other things so distrained or \r\narrested, to be sold, and with the proceeds of such sale may satisfy such tolls, dues, rates, charges of \r\npenalties and costs of sale remaining unpaid, rendering the surplus, if any, to the master of such vessel \r\non demand. \r\n \r\n22. Port­clearance not to be granted till rates, etc., paid. If the Authority shall give to the \r\nofficer of Government, whose duty is, to grant the port­clearance of any vessel, a notice stating that an \r\namount therein specified is due in respect of tolls, dues, rates, charges or penalties chargeable under \r\nthis Ordinance or any rules regulations and bye­laws or orders made hereunder against such vessel or \r\nthe owner or master of such vessel, in respect thereof such officer shall not grant such port­clearance \r\nuntil the amount so chargeable shall have been paid. \r\n \r\n23. Alternate remedy by suit. Notwithstanding anything contained in sections 15, 16, 17, 18, \r\n19, 20, 21 and 22, the Authority may recover by suit any tolls, dues, rates, charges, damages, expenses, \r\ncosts, or in case of sale the balance thereof, when the proceeds of sale are insufficient or any penalities \r\nor fines payable to or recoverable by the Authority under this Ordinance or under any rules, regulations \r\nand bye­laws made thereunder. \r\n \r\n24. Surplus of port dues to be paid to Authority. The surplus, if any, of the moneys credited \r\nunder section 36 of the Ports Act, 1908 (XV of 1908), to the account of the port fund of the port, after \r\ndefraying therefrom all expenses legally chargeable to the said account, shall be paid to the Authority. \r\n \r\n25. Right of Authority to maintain pilots. — (1) The Authority shall have the right of \r\nmaintaining pilots for the navigation of vessels at the port, and shall be bound to provide a sufficient \r\nnumber of pilots for that purpose, and all fees for pilotage shall be paid to the Authority: \r\n \r\nProvided that no person shall be appointed to be a pilot by the Authority who is not for the time \r\nbeing authorized under the provisions of the Ports Act, 1908 (XV of 1908), to pilot vessels. \r\n \r\n \r\n1Subs. by the Gwadar Port Authority (Amendment) Act, 2021 (XLII of 2021), s. 8. \r\n \r\n \r\n \r\nPage 16 of 28 \r\n \r\n \r\n(2) The Authority may also, from time to time, make such bye­laws and regulations, as it shall \r\nthink fit, — \r\n \r\n(a) for fixing and regulating the wages and allowances for pilotage to be received by \r\npilots; and \r\n \r\n(b) for regulating the behavior and conduct of pilots whether maintained by the Board or \r\nnot, and shall enforce the observance of such bye­laws and regulations by the \r\nimposition of pecuniary penal ities not exceeding five thousand rupees for each \r\noffence, or by suspension, or deprivation of appointment, or otherwise as may appear \r\nto it to be expedient: \r\n \r\nProvided that such regulations and bye­laws shall first have been approved by the 1[division \r\nconcerned], and published in the manner laid down in section 26. \r\n \r\n26. Approval and publication of rules. No rules, or alteration or revocation of a rule, shall \r\nhave effect until the same shall have been approved by the 1[division concerned] and such approval \r\nshall have been published in the official Gazette and no rules or alteration or revocation of a rule shall \r\nbe approved by the 1[division concerned] until a draft of the same and a notice specifying a date at or \r\nafter which the draft will be submitted to the 1[division concerned] shall have been published in the \r\nofficial Gazette and in such other manner as the 1[division concerned] may from time to time prescribe, \r\nnor unless the said draft shall have been submitted for its approval. \r\n \r\n27. Removal, etc., of building. The Authority shall not order or cause any building in the port \r\narea to be removed or demolished unless an opportunity of being heard has been given to the owner \r\nor occupier thereof and his objections, if any, has been duly considered, and the Authority is satisfied \r\nthat the removal or demolition of the building is essential to the execution of its schemes. \r\n \r\n 28. Private wharves, etc., prohibited. —(1) Save as hereinafter provided, no person except \r\nthe Authority shall make, erect or fix below high­water mark within the Port area any wharf, dock, \r\nquay, stage, jetty, pier, erection or mooring. \r\n \r\n(2) Any matter or thing so made, erected or fixed may be removed by the Authority and the \r\nperson who has so made, erected or fixed any such matter or thing shall be punished with fine, which \r\nmay extend to fifty thousand rupees and with a further fine which may extend to five thousand rupees \r\nfor every day during which such matter or thing has been permitted to remain so made, erected or fixed \r\nafter notice to remove the same has been given to him, and shall also be liable to pay all expenses \r\nwhich may have been incurred by the Authority in removing such matter or thing. \r\n \r\n29. Power to permit erection of private wharves, etc. The Board may, with the approval of \r\n1[division concerned], by an order in writing and subject to suc h conditions as it may specify in the \r\norder, permit any person to make, erect or fix below high­water mark within the port area any wharf, \r\ndock, quay, stage, jetty, pier, erection or mooring. \r\n \r\n30. Power to amend schemes. Any scheme prepared under section 11 may at any time be \r\namended or modified by the Board and where the amended or modified scheme exceeds the financial \r\npower of the Board, it shall obtain the previous approval in writing of the 1[division concerned]. \r\n \r\n \r\n \r\n \r\n1Subs. by the Gwadar Port Authority (Amendment) Act, 2021 (XLII of 2021), ss. 9-12. \r\n \r\nPage 17 of 28 \r\n \r\n \r\n31. Execution of schemes, etc., through local bodies and agencies.— (1) The Authority may \r\nrequire a local body or agency within whose jurisdiction any particular area covered by a scheme \r\n lies, — \r\n \r\n(a) to execute a scheme in consultation with the Authority; \r\n \r\n(b) to take over and maintain any of the works and services in that area; and \r\n \r\n(c) to enforce regulations on behalf of the Authority. \r\n \r\n(2) The expenditure incurred on the execution of any scheme or on the taking over or \r\nmaintenance of any work, or the enforcement of regulations, under this section, shall be borne as may \r\nbe agreed to between the Authority and the local body or agency, and in the event of disagreement, as \r\nmay be determined by the 1[division concerned]. \r\n \r\n32. Borrowing powers. The Authority may, with the previous approval in writing of the \r\n1[finance division], raise funds for the purpose of raising its working capital by issuing bonds and \r\ndebentures carrying interest at such rates as may be approved by the 1[finance division]. \r\n \r\n33. Utilization of building material. Notwithstanding anything contained in any other law \r\nfor the time being in force or in any contract or agreement, no person shall, without the prior \r\nconcurrence of the Authority, allocate, exploit or in any manner uti lize, except for the purpose of his \r\nown personal use, such natural resources used as building material as the Authority may, by \r\nnotification in the official Gazette, specify in this behalf. \r\n \r\n _______________ \r\n \r\nCHAPTER IV \r\n \r\nACQUISITION OF LAND \r\n \r\n \r\n34. Liability to acquisition. All land in private ownership within the port area shall be liable \r\nto acquisition at any time in accordance with the provisions of this Chapter. \r\n \r\n35. Entry upon land, preliminary surveys, etc. —(1) It shall be lawful for the Authority, and \r\nany member thereof, and for the Land Acquisition Collector, and any such person as may, either \r\ngenerally or specially, be authorized by the Authority in this behalf, — \r\n \r\n(a) to enter upon, conduct survey and take levels of any land; \r\n \r\n(b) to dig or bore into the sub­soil; \r\n \r\n(c) to do all other acts necessary to ascertain whether land is adapted for the \r\npurposes of this Act; \r\n \r\n(d) to set out the boundaries of the land proposed to be acquired and the intended \r\nline of the work, if any, proposed to be made thereon; \r\n \r\n \r\n \r\n1Subs. by the Gwadar Port Authority (Amendment) Act, 2021 (XLII of 2021), ss. 13-14. \r\n \r\nPage 18 of 28 \r\n \r\n \r\n(e) to mark such levels, boundaries and line by placing marks and cutting trenches; \r\nand \r\n(f) where it is necessary for the purposes of the survey, taking of levels or marking \r\nof line, to cut down and clear away any part of any standing crop, fence or \r\njungle. \r\n \r\n(2) No person shall enter into any building or upon any enclosed court or garden attached to a \r\ndwelling house (unless with the consent of the occupier thereof) without previously giving such \r\noccupier atleast twenty­four hours notice in writing of his intention to do so. \r\n \r\n36. Compensation for damage. Where any damage is caused to any land in consequence of \r\nanything done in pursuance of section 35, there shall be paid compensation, the amount of which shall \r\nbe determined in the manner and in accordance with the provisions hereinafter set out, that is to \r\nsay, — \r\n \r\n(a) where the amount of compensation can be fixed by agreement, it shall be fixed in \r\naccordance with such agreement; and \r\n \r\n(b) where no such agreement can be reached, it shall be fixed by the Land Acquisition Colle- \r\nctor. \r\n \r\n37. Power to acquire land. — (1) Subject to the other provisions of this Ordinance, the rules \r\nmade thereunder and the direction of the Authority, the Land Acquisition Collector may, by order in \r\nwriting, acquire any land for the purposes of this Ordinance. \r\n \r\n(2) No order under sub­section (1) shall be issued except on the receipt by the Land Acquisition \r\nCollector of specific directions from the Authority. \r\n \r\n38. Land to be marked out, measured and planned. Where any land is proposed to be \r\nacquired under section 37, the Land Acquisition Collector shall cause the land (unless it has been \r\nalready marked out) to be marked out and measured, and if no plan has been made thereof, a plan to \r\nbe made of the same. \r\n \r\n39. Notice to persons interested. — (1) The Land Acquisition Collector shall then cause \r\npublic notice to be given at convenient places on or near the land to be taken, stating that the Authority \r\nintends to take possession of the land, and that claims to comp ensation for all interests in such land \r\nmay be made to him. \r\n \r\n(2) Such notice shall state the particulars of the land so needed and shall require all persons \r\ninterested in the land to appear personally or by agent before the Lands Acquisition Collector at a time \r\nand place therein mentioned, such time not being earlier than ten days after the date of publication of \r\nthe notice, and to state the nature of their respective interests in the land and the amount and particulars \r\nof their claims to compensation for such interests and their objections, if any, the measurements made \r\nunder section 35, and the Land Acquisition Collector may require any such statement to be made in \r\nwriting and signed by the party or his agent. \r\n \r\n40. Enquiry and award by Land Acquisition Collector. On the day so fixed, or on any other \r\nday to which the enquiry has been adjourned, the Land Acquisition Collector shall proceed to enquire \r\ninto the objections, if any, which any person interested has stated pursuant to the notice given under \r\nsection 39 , and into the market value of the land and into the respective interests of the persons \r\nclaiming the compensation, and shall make an award of, — \r\n \r\nPage 19 of 28 \r\n \r\n \r\n(a) the true area of the land; \r\n \r\n(b) the compensation which in his opinion should be allowed for the land; and \r\n \r\n(c) the apportionment of such compensation among all the persons known or \r\nbelieved to be interested in the land of whom, or of whose claims, he has \r\ninformation, whether or not they have appeared before him. \r\n \r\n41. Compensation. Where any land is acquired under this Ordinance, there shall be paid \r\ncompensation the amount of which shall be determined by the Land Acquisition Collector who shall \r\nbe guided by the provisions of sections 42 and 43. \r\n \r\n42. Matters to be considered in determining compensatio n. In determining the amount of \r\ncompensation to be awarded for land acquired under this Ordinance, the Land Acquisition Collector \r\nshall take into consideration, — \r\n \r\n(a) the market value of the land; \r\n \r\n(b) the damage sustained by the person interested by reason of dispossession of any \r\nstanding crops or trees, which may be on the land; \r\n \r\n(c) the damage, if any, sustained by the person interested at the time of taking \r\npossession of the land by reason of severing such land from his other land; \r\n \r\n(d) the damage, if any, sustained by the person interested at the time of taking \r\npossession of the land by reason of the acquisition injuriously affecting his other \r\nproperty, movable or immovable, in any manner; and \r\n \r\n(e) if, in consequence of the acquisition of the land, the person interested is \r\ncompelled to change his residence or place of business, the reasonable expenses \r\nif any, incidental to such change. \r\n \r\n43. Factors to be ignored in determining compensation. In determining compensation as \r\naforesaid, the Land Acquisition Collector shal not take into consideration, — \r\n \r\n(a) the degree of urgency, which has led to the acquisition; \r\n \r\n(b) any disinclination of the person interested to part with the land acquired; \r\n \r\n(c) any damage sustained by him, which, if caused by a private person, would not \r\nrender such person liable to a suit; \r\n \r\n(d) any increase likely to accrue to the value of the land acquired from the use to \r\nwhich such land will be put on acquisition; or \r\n \r\n(e) any increase likely to accrue to the value of other land of the person interested \r\nfrom the use to which the land acquired will be put on acquisition. \r\n \r\n \r\n \r\n \r\n \r\nPage 20 of 28 \r\n \r\n44. Vesting of land in the Authority. Immediately on the paying of the compensation under \r\nsection 40, the land shall vest in the Authority free from all encumbrances and thereupon the Land \r\nAcquisition Collector may, after giving reasonable notice to the occupier, inter upon and take \r\npossession of the same. \r\n \r\n45. Acquisition in cases of urgency. In cases of urgency, the Land Acquisition Collector, \r\nmay immediately after the publication of the notice mentioned in sub -section (1) of section 39, enter \r\nupon and take possession of the land which shall thereupon vest absolutely in the Authority free from \r\nall encumbrances: \r\n \r\nProvided that the Land Acquisition Collector shall not take possession of any building or part \r\nof building under this section without giving to the occupier thereof at least twenty­four hours notice \r\nof his intention to do so, or such longer notice as may be reasonably sufficient to enable such occupier \r\nto remove his movable property from such building without unnecessary inconvenience. \r\n \r\n46. Power of Land Acquisition Collector to call for information. With a view to acquiring \r\nany land or determining any compensation thereof or to carrying out any other purpose of this Ordina- \r\nnce, the Land Acquisition Collector may, — \r\n \r\n(a) require any person, by order in writing, to furnish such information in his \r\npossession relating to any land as may be specified in the order; and \r\n \r\n(b) enter to authorize any person to enter upon any land and take such action as \r\nmay be necessary. \r\n \r\n47. Power of Authority to give directions to Land Acquisition Collector. The Authority \r\nmay give directions to the Land Acquisition Collector in respect of the exercise of his powers and the \r\ndischarge of his functions under this Chapter and the Land Acquisition Collector shall be guided, and \r\nact in accordance with, such directions. \r\n \r\n48. Appeals.—(1) The Authority or any person aggrieved by an award or final order of the \r\nLand Acquisition Collector may, within fifteen days of the award or order, appeal to the Provincial \r\nGovernment. \r\n \r\n(2) An officer authorized by the Provincial Government in this behalf may, after giving the \r\nAuthority and the persons affected by the award or order appealed against an opportunity of submitting \r\nany objection to the appeal and of being heard, pass such orders thereon as he may think fit. \r\n \r\n(3) The order passed on any appeal under sub­section (2) shall be final and shall not be called \r\nin question by or before any court or other authority. \r\n \r\n49. Land Acquisition Collector and authorized officer to have powers of civil court, etc.— \r\n(1) The Land Acquisition Collector making any inquiry or conducting any proceedings for an award \r\nunder this Ordinance, or the officer hearing an appeal under section 48, shall have the same powers in \r\nrespect of the following matters as are vested in the civil court, when trying a suit under the Code of \r\nCivil Procedure, 1908 (Act V of 1908), namely: — \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 21 of 28 \r\n \r\n(a) summoning and enforcing attendance of any person and examining him on oath \r\nor affirmation; \r\n \r\n(b) requiring the discovery or production of any document; \r\n \r\n(c) requisitioning any record from any court or office; \r\n \r\n(d) issuing commissions for examination of witnesses, inspection of property or \r\nmaking any local investigation; \r\n \r\n(e) appointing guardian ad­litem or next friend; \r\n \r\n(f) adding or substituting representatives of deceased parties to proceedings; \r\n \r\n(g) adding or dropping parties from pending proceedings; \r\n \r\n(h) restoration of cases dismissed for default; \r\n \r\n(i) consolidation and splitting up cases; and \r\n \r\n(j) any other matter connected with the holding of any inquiry or hearing of any \r\nappeal. \r\n \r\n(2) The Land Acquisition Collector or the officer hearing an appeal under section 48 shall be \r\ndeemed to be a court for the purposes of sections 480 and 482 of the Code of Criminal Procedure,1898 \r\n(Act V of 1898), and a proceeding before him shall be deemed to be a judicial proceeding within the \r\nmeaning of sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860). \r\n \r\n50. Compensation to fisherman. The Board may provide compensation to displaced \r\nfisherman as it may determine subject to a maximum limit of Rupees twenty five thousand in each \r\ncase. \r\n \r\n_________________ \r\n \r\nCHAPTER V \r\n \r\nESTABLISHMENT \r\n \r\n51. Appointment and conditions of service of officers, servants, ete. The Authority may, \r\nfrom time to time, appoint such officers and servants as it may consider necessary for the performance \r\nof its functions, on such terms and conditions as it may deem fit. The Authority shall, by regulations \r\nmade with the prior approval of the 1[division concerne d with the concurrence of other relevant \r\nstakeholders], lay down the procedure for the appointment of its officers and servants, and the terms \r\nand conditions of their service including the constitution and management of provident fund for them, \r\nand shall be competent to take disciplinary action against them. Till such regulations are notified, the \r\nprovisions of Civil Servants Act, 1973, (LXXI of 1973) and the rules made thereunder shall, subject \r\nto provisions of section 52, and subject to such modifications as the Authority may make, be \r\napplicable. \r\n \r\n \r\n1Subs. by the Gwadar Port Authority (Amendment) Act, 2021 (XLII of 2021), s. 15. \r\n \r\n \r\n \r\nPage 22 of 28 \r\n \r\n52. Powers of Appointment, etc. Subject to the provisions of the regulations made under \r\nsection 51, all administrative powers including those of appointment, promotion, suspension and \r\npunishment of the officers and servants of the Authority shall be exercised by, — \r\n \r\n(a) the Chairman, in respect of officers holding posts in Basic Pay Scales 1 to 18 and \r\nequivalent; \r\n \r\n(b) the Board, in respect of officers holding posts in Basic Pay Scale 19 and equivalent; \r\nand \r\n \r\n(c) the Board, subject to the approval of the 1[Prime Minister] in respect of the officers \r\nholding posts in Basic Pay Scales 20, 21 and equivalent: \r\n \r\nProvided that the Chairman may, by an order in writing, delegate all or any of his powers under \r\nthis sub­section to the respective Heads of Departments or such other officers as he may think fit. \r\n \r\n53. Appointment of Consultants. The Board may, with the prior approval of the 1[division \r\nconcerned], engage consultants on such terms and conditions as may be determined. \r\n \r\n54. Members and officers to be public servants. The Chairman, members, officers, and serv- \r\nants of the Authority shall , when acting or purporting to act in pursuance of any of the provisions of \r\nthis Ordinance be deemed to be public servants within the meaning of section 21 of the Pakistan Penal \r\nCode (XLV of 1860). \r\n \r\n55. Indemnity. No suit, prosecution or other legal proceedings shall lie against the Authority, \r\nthe Board, the Chairman, any member, officer or servant of the Authority in respect of anything in \r\ngood faith done or intended to be done under this Ordinance. \r\n \r\n56. Delegation of powers to Chairman, etc. The Board may, by general or special order, dele- \r\ngate to the Chairman, or a member or an officer of the Authority, any of its powers, duties or functions \r\nunder this Ordinance subject to such conditions as it may think fit to impose. \r\n \r\n57. Industrial Relations Ordinance, 1969 (XXIII of 1969), not to apply. Nothing contained \r\nin the Industrial Relations Ordinance, 1969 ( XXIII of 1969 ), shall apply to, or in relation to the \r\nAuthority. \r\n ________________ \r\n \r\nCHAPTER VI \r\nFINANCE \r\n58. Gwadar Port Authority Fund. —(1) There shall be formed a non­ lapsable fund to be \r\nknown as the “Gwadar Port Authority Fund” which shall vest in the Authority and shall be utilized by \r\nthe Authority to meet the charges in connection with its functions under this Ordinance including the \r\npayment of salaries and other remuneration to the Chairman, members, officers, servants, experts and \r\nconsultants of the Authority. \r\n \r\n(2) The Gwadar Port Authority Fund shall be kept in scheduled banks and shall be operated \r\naccording to the rules and regulations of the Authority. \r\n \r\n(3) To the credit of the Gwadar Port Authority Fund shall be placed, — \r\n \r\n \r\n1Subs. by the Gwadar Port Authority (Amendment) Act, 2021 (XLII of 2021), ss. 16-17. \r\n \r\nPage 23 of 28 \r\n \r\n (a) grants made by the Federal Government; \r\n(b) loans obtained from the Federal Government; \r\n(c) grants made by local bodies; \r\n(d) sale proceeds of movable and immovable property and receipts for services \r\nrendered; \r\n(e) loans obtained by the Authority; \r\n(f) foreign aid and loans obtained from any source outside Pakistan, approved by \r\nthe Federal Government; \r\n(g) proceeds of all charges and recoveries made under the Ports Act, 1908 (XV of \r\n1908), and the provisions of this Ordinance; and \r\n(h) all other sums receivable by the Authority. \r\n \r\n59. Budget. —(1) In the month of November each year, the Authority shall submit to the \r\nFederal Government for approval a statement of the estimated receipts and expenditure in respect of \r\nthe next financial year. \r\n \r\n(2) In the manner prescribed by the Federal Government, the Authority shall also submit to \r\nthe Federal Government for approval a statement of the estimated receipts and expenditure in foreign \r\nexchange in respect of the next financial year. \r\n \r\n60. Audit and Accounts. \r\n(a) The accounts of the Authority shall be maintained by Authority in such forms as may \r\n be consistent with the requirements of this Ordinance. \r\n \r\n(b) The accounts of the Authority shall be audited by not less than two Auditors who are \r\nChartered Accountants within the meaning of the Chartered Accountants Ordinance, \r\n1961 (X of 1961) appointed by the 1[division concerned], on such remuneration, to be \r\npaid by the Authority, as the 1[division concerned] may fix. \r\n \r\n(c) Notwithstanding the provisions of clause (b) above, the Auditor General of Pakistan \r\nmay, either of his own motion or upon request received in this behalf from the 1[division \r\nconcerned], undertake such audit of the accounts of the Authority at such time as may \r\nbe considered necessary, and the Authority shall, at the time of such audit, produce the \r\naccount books and connected documents of such place or places as the Auditor General \r\nmay fix, and furnish such explanations and information as the Auditor­General or an \r\nofficer authorized by him in this behalf may ask for. \r\n \r\n(d) Every auditor appointed under clause (b) above shall be given a copy of the Annual \r\nBalance Sheet of the Authority, and shall examine it together with the accounts and \r\nvouchers relating thereto and shall have a list delivered to him of all books kept by the \r\nAuthority and shall at all reasonable time have access to the books, accounts and other \r\ndocuments of the Authority, and may in relation to such accounts ask any officer of the \r\nAuthority. \r\n \r\n \r\n1Subs. by the Gwadar Port Authority (Amendment) Act, 2021 (XLII of 2021), s. 18. \r\n \r\n \r\n \r\nPage 24 of 28 \r\n \r\n \r\n(e) The auditor shall report to the 1[division concerned] upon the Annual Balance Sheet \r\nand accounts and in their report state whether in his opinion the Balance Sheet is full \r\nand properly drawn up so as to exhibit a true and correct view of the state of the \r\nAuthority’s affairs, and in case they have called for any explanation or information \r\nfrom the Board, whether it has been given and whether it is satisfactory. \r\n \r\n(f) The 1[division concerned] may at any time issue directions to the auditors requiring \r\nthem to report to it upon the adequacy of measures taken by the Authority for the \r\nprotection of the interests of the 1[division concerned] and of the creditors of the \r\nAuthority or upon the sufficie ncy of their procedures in auditing the accounts of the \r\nAuthority, and may at any time enlarge or extend the scope of the audit or direct that a \r\ndifferent procedure in audit be adopted or that any other examination be made by the \r\nauditors if in its opinion the public interest so requires. \r\n \r\n(g) The Authority shall comply with every direction issued by the 1[division concerned] \r\nfor the rectification of matters objected to in audit. \r\n \r\n61. Penalty. Whoever contravenes any provision of this Ordinance or any rule or regulation \r\nmade or scheme sanctioned thereunder shall, if no other penalty is provided for such contravention, be \r\npunishable with imprisonment for a term, which may extend to six months, or with fine, or with both. \r\n \r\n62. Penalty for evading rates, etc. Any person who removes or attempts to remove, or abets \r\nwithin the meaning of the Pakistan Penal Code (XLV of 1860) , the removal of any goods, vessel, \r\nanimal or vehicle with the intention of evading payment of the tolls, dues, rates or charges lawfully \r\npayable in respect thereof shall be punishable with fine which may extend to fifty thousand rupees. \r\n \r\n63. Compensation f or damage to property of Board. — (1) In case damage or mischief is \r\ndone to any wharf, dock, quay, jetty, pier or work constructed or acquired by the Authority under this \r\nOrdinance by any vessel, through the negligence of the master thereof or of any of the mariners or \r\npersons employed therein, not being in the service of the Authority, any Judicial Magistrate of the first \r\nclass having jurisdiction in the port area may, on the application of the Authority and on declaration \r\nby it that payment for such damage or mischief has been refused or has not been made on demand, \r\nissue summons to the master or owner of such vessel, requiring him to attend on a day and at an hour \r\nnamed in the summons to account for causing such damage or mischief. \r\n \r\n(2) If, at the time ap pointed in the summons, and whether the person summoned appears or \r\nnot, it is proved that the alleged damage was done through such negligence as aforesaid, and that the \r\npecuniary amount of the same does not exceed ten thousand rupees, the Magistrate may is sue his \r\nwarrant of distress, under which a sufficient portion of the boats, masts , spars, ropes, cables, anchors \r\nor stores of the vessel may be seized and sold to cover the expenses of and attending the execution of \r\nthe distress, and the pecuniary amount o f damage as aforesaid, and such amount shall be paid to the \r\nAuthority out of the proceeds of the distress: \r\n \r\nProvided that if, at the time of the damage or mischief, the vessel was under the orders of a \r\nduly authorised officer belonging to the pilot service maintained by the Authority under section 25 or \r\nto the Harbour Master ’s or Port Officer ’s department, and if such damage or mischief is in any way \r\nattributable to the order, act or improper omission of such officer, the case shall not be cognizable by \r\nthe Magistrate under this section. \r\n \r\n1Subs. by the Gwadar Port Authority (Amendment) Act, 2021 (XLII of 2021), s. 18. \r\n \r\n \r\nPage 25 of 28 \r\n \r\n \r\n64. Cognizance of offences. No Court shall take cognizance of any offence punishable under \r\nthis Ordinance except on a complaint in writing made by the Authority or by an officer authorized for \r\nthe purpose by the Authority. \r\n \r\n65. Recovery of dues as arrears of land revenue. All fees and sums due on account of \r\nproperty for the time being vested in the Authority and all arrears of tolls, charges, rates and dues \r\nimposed under this Ordinance may be recovered as arrears of land revenue, in addition to the other \r\nmodes provided by this Ordinance. \r\n \r\n_______________ \r\n \r\nCHAPTER VIII \r\n \r\nMISCELLANEOUS \r\n \r\n66. Submission of yearly reports and returns. —(1) The Authority shall submit to the \r\n1[division concerned], as soon as possible after the end of every financial year but before the last day \r\nof December next following, a report on the conduct of its affairs for that year. \r\n \r\n(2) The 1[division concerned] may, after giving sufficient notice to the Authority, require it to \r\nfurnish the Government with,­­ \r\n \r\n(a) any return, statement, estimates, statistics, or other information regarding any matter \r\nunder the control of the Authority; or \r\n \r\n(b) a report on any subject with which the Authority is concerned; or \r\n \r\n(c) a copy of any document in the charge of the Authority; and the Authority shall comply \r\nwith every such requisition. \r\n \r\n67. Members not personally liable. No me mber shall be liable for any contract made or \r\nexpense incurred by or on behalf of the Authority, but the funds from time to time in the hands of the \r\nAuthority shall be liable for and chargeable with all contracts made in the manner provided in this \r\nOrdinance. \r\n \r\n68. Limitation of suits, etc.—(1) No suit shall be commenced against any person for anything \r\ndone or purporting to have been done in pursuance of this Ordinance, without giving to such person \r\none month’s previous notice in writing of the intended suit and of the cause thereof, nor after six \r\nmonths from the accrual of the cause of such suit. \r\n \r\n(2) In case of a suit for damages, if tender of sufficient amends shall have been made before \r\nthe suit was brought, the plaintiff shall not recover more than the amount so tendered and shall pay all \r\ncosts incurred by the defendant after such tender . \r\n \r\n69. Authority not responsible for certain acts of its officers and servants. The Authority \r\nshall not be responsible for any misfeasance, malfeasance or no n-feasance of any officer or servant \r\nappointed under this Ordinance or of any Conservator, any Port Officer or Harbour Master, or of any \r\nassistant or deputy of any such officer or of any person acting under the authority or direction of, or in \r\n \r\n1Subs. by the Gwadar Port Authority (Amendment) Act, 2021 (XLII of 2021), s. 19. \r\n \r\n \r\nPage 26 of 28 \r\n \r\nsubordination to any such officer, assistant or deputy, nor for any damage sustained by any vessel in \r\nconsequence of any defect in any of the moorings, hawsers or other things belonging to the Authority \r\nwhich may be used by such vessel: \r\n \r\nProvided that nothing in this section shall protect the Authority from a suit in respect of \r\ndamages to or loss of, goods landed or shipped by them or retained in their custody. \r\n \r\n70. Power to dispose of land. The Authority may retain, or may lease, sell, exchange, rent or \r\notherwise dispose of any land vested in it: \r\n \r\nProvided, it shall not sell, exchange, or enter into lease agreement beyond a period of ten years \r\nin respect of such land without prior approval of 1[division concerned]. \r\n \r\n \r\n71. Power of Government to make rules. The 1[division concerned] may, by notification in \r\nthe official Gazette, make rules to carry out the purposes of this Ordinance. \r\n \r\n72. Power of Authority to make regulations.—(1) The Authority may, with the prior sanction \r\nof the 1[division concerned], make regulations for carrying out the purposes of this Ordinance. \r\n \r\n(2) In particular, and without prejudice to the generality of the foregoing power, such \r\nregulations may provide for, — \r\n \r\n(a) regulation, declaring and defining the wharves, quays, stages, jetties and piers, \r\non and from w hich goods shall be landed from and shipped in vessels within \r\nthe port area; \r\n \r\n(b) the safe and convenient use of such wharves, quays, stages, jetties, piers and of \r\nlanding places, tramways, warehouse, sheds and other work in and adjoining \r\nthe same; \r\n \r\n(c) regulating the reception and removal of goods within and from the premises of \r\nthe Board, and for declaring the procedure to be followed in taking charge of \r\ngoods, which may have been damaged before landing or may be alleged to be \r\nso damaged; \r\n \r\n(d) setting the mode of payment of tolls, charges, dues and rates levied under this \r\nOrdinance; \r\n \r\n(e) providing water for ships and for licensing and regulating water­boats within \r\nthe port area; \r\n \r\n(f) the removal of wrecks from the port and keeping clean the Port area , the \r\nforeshore and the works of the Board and for preventing filth or rubbish being \r\nthrown therein or thereon; and \r\n \r\n(g) the guidance of persons employed by the Authority under this Ordinance and \r\ngenerally for carrying out the purposes of this Ordinance. \r\n_______________________________________________________________________________ \r\n 1Subs. by the Gwadar Port Authority (Amendment) Act, 2021 (XLII of 2021), ss. 20-22. \r\n \r\n \r\n \r\nPage 27 of 28 \r\n \r\n 73. Control of Federal Government over acts and proceedings of Board. All acts and \r\nproceedings of the Board shall be subject to the control of the 1[division concerned] and the 1[division \r\nconcerned] may cancel, suspend or modify any such acts or proceedings. \r\n \r\n74. Dissolution of Authority and transfer of its assets and liabilities. —(1) The Federal \r\nGovernment may, by notification in the official Gazette, declare that the Authority shall be dissolved \r\non such date as may be specified in such notification, and the A uthority shall stand dissolved \r\naccordingly. \r\n \r\n(2) On and from the said date— \r\n \r\n(a) all properties, funds and dues— \r\n \r\n(i) placed at the disposal of the Authority by the Federal Government; and \r\n \r\n(ii) exchanged for, derived from, or otherwise attributable to, the properties, \r\nfunds and dues referred to in sub­clause (i) which immediately before \r\nthe said date, were held by or were realizable by the Authority shall vest, \r\nin and be realizable by, the Federal Government; \r\n \r\n(b) all properties, funds and dues, other than those referred to in clause (a), which, \r\nimmediately before the said date, were vested in or were realizable by the \r\nAuthority shall vest in and be realizable by the Federal Government or such \r\nagency as the Federal Government may determine, and its decision thereon shall \r\nbe final; \r\n \r\n(c) all liabilities which, immediately before the said date, were enforceable against \r\nthe Authority shall be assumed by and be enforceable against the Federal \r\nGovernment or such agency as the Federal Governmen t determines under \r\nclause (b) as the case may be; \r\n \r\n(d) for the purpose of completing the execution of any scheme, which has not been \r\nfully executed by the Authority, and of realizing properties, funds and dues \r\nreferred to in clauses (a) and (b), the funct ions of the Authority under this \r\nOrdinance shall be discharged by the Federal Government or by the agency \r\ndetermined by the Federal Government under clause (b), as the case may be; \r\nand \r\n \r\n(e) the agency referred to in (b), (c), and (d) shall keep such accounts of all moneys \r\nrespectively received and expended by it under this Ordinance as the Federal \r\nGovernment may prescribe. \r\n \r\n75. Conservator. The Conservator of Gwadar Port shall be appointed by the Board with prior \r\napproval of the 1[division concerned] under section 7 of the Ports Act, 1908 (XV of 1908), and shall \r\nexercise all the powers, and carry out duties as specified under sections 8, 9, 10, 11, 12, 13, 14, 15 and \r\n16 and other relevant sections of the Ports Act, 1908. \r\n \r\n(2) The Conservator so appointed, shall be under administrative control of the Board and the \r\nAuthority, and shall enforce all the rules, consistent with relevant sections of the Ports Act, 1908 (XV \r\nof 1908). \r\n \r\n \r\n1Subs. by the Gwadar Port Authority (Amendment) Act, 2021 (XLII of 2021), ss. 23-24. \r\n \r\nPage 28 of 28 \r\n \r\n76. Port to be pollution free, etc.—(1) The Authority shall be responsible for maintaining the \r\nmarine environments of the port limits free from pollution of the sea. \r\n \r\n(2) No discharge of solid and liquid wastes, oily noxious, radioactive and hazardous substances, \r\nbilge discharges from tankers and vessels, residues and mixtures containing noxious solid and liquid \r\nwastes, deballasting of un-washed cargo tanks and line washing garbage or other substance as may be \r\nspecified by the Board shall be made within the port limits. \r\n \r\n(3) Any person contravening the provisions of sub -section (2) shall be liable to penalty not \r\nexceeding ten million rupees for each contravention in addition to the charges for clearing of the Port \r\nand removal of pollution therefrom. \r\n \r\n77. Removal of difficulties. If any difficulty arises in giving effect to any of the provisions of \r\nthis Ordinance, the 1[division concerned] may make such order, not inconsis tent with the provisions \r\nof this Ordinance, as may appear to be necessary for the purpose of removing the difficulty. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by the Gwadar Port Authority (Amendment) Act, 2021 (XLII of 2021), s. 25.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:pk-code-373a70c7f70e95b5:sha256:4f21997dbc12175c8b33babff410bac56e84c2540a9bd26b3c0800fbd0bf7e1d:chars-0-1733:f4abbf539a4d407480c95a0cc26f1e097300ff7f62dc95d81a2bae7e72e9b3d6", "character_start": 0, "character_end": 1733, "utf8_byte_start": 0, "utf8_byte_end": 1743, "passage_sha256": 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