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Provincial Industrial Development Corporation (West Pakistan) Ordinance, 1962

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THE PROVINCIAL INDUSTRIAL DEVELOPMENT CORPORATION (WEST PAKISTAN) ORDINANCE, 1962

SCHEDULE.

THE PROVINCIAL INDUSTRIAL DEVELOPMENT CORPORATION (WEST PAKISTAN) ORDINANCE, 1962 1ORDINANCE NO. XXXVIII OF 1962 [4th June, 1962] An Ordinance to establish an Industrial Development Corporation. 2* * *

WHEREAS it is expedient to provide for the establishment of an Industrial Development Corporation for the purpose of promoting the economic and industrial development 2* * *and for matters ancillary thereto;

NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-

Section 1. Short title, extent and commencement

(1) This Ordinance may be called the 3[Pakistan Industrial Development Corporation Ordinance, 1962].

(2) It extends to the whole of 4[Pakistan].

(3) It shall come into force at once.

Section 2. Definitions

In this Ordinance, unless there is anything repugnant in the subject or context,-

(a) “Board” means the Board of Directors of the Corporation; 5* * * * * * *

(b) “Chairman” means the Chairman of the Corporation;

(c) “Corporation” means the 6[Pakistan Industrial Development Corporation] established under section 3;

7* * * * * * *

(d) “Director” means the Director of the Corporation;

1This Ordinance has been amended in its application to the Province of West Pakistan by West Pakistan Ordinances and Act,

(i) W.P. Ord. No. 3 of 1963, s. 2 (with effect from the 26th March, 1963)

(ii) W.P. Ord. No. 14 of 1964, s. 2 (with effect from the 8th September, 1964), and

(iii) W.P. Ord. No. 29 of 1965 (with effect from the 16th October, 1965)

(iv) W.P. Act-No. 10 of 1967, s. 2 (with effect from the 21st July, 1967)

2The words “for West Pakistan” and “of West Pakistan” were omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27

of 1981), s. 3. and Sch., II.

3Subs. ibid., for “Provincial Industrial Development Corporation (West Pakistan) Ordinance, 1962”.

4Subs. by F.A.O., 1975, Art. 2 and Sch., for “West Pakistan”.

5Clauses (aa) omitted by the Provincial Industrial Development Corporation (West Pakistan (Amdt.) Ordinance, 1965 (W.P. Ord. no. 29 of

1965), s. 2, which was previously amended by W.P. Ord. No. 3 of 1963, s. 2.)

6Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981) s. 3 and sch. II for “Industrial Development

Corporation of West Pakistan”.

7Clause (cc) Omitted by the Provincial Industrial Development Corporation (West Pakistan) (Admt.) Ordinance 1965, (W.P. Ord. No. 29 of

1965) s. 2, which was previously amended by W.P. Ord. No. 3 of 1963, s. 2.)

(e) “Government” means the 1[Federal Government];

(f) “Minerals” means all minerals excluding minerals necessary for the generation of nuclear energy and mineral oil and natural gas;

(g) “prescribed” means prescribed by rules or regulations;

(h) “regulations” means regulations made under this Ordinance;

(i) “rules” means rules made under this Ordinance [;]2 3* * * * * * *

Section 3. Establishment of the Corporation and its offices

(1) As soon as may be after the commencement of this Ordinance, the Government shall establish a corporation to be called the 4[Pakistan] Industrial Development Corporation.

(2) The Corporation shall be a body corporate by the name of the 5[Pakistan Industrial Development Corporation] having perpetual succession and a common seal with power subject to the provisions of this Ordinance, to acquire and hold property, both movable and immovable, and shall by the said name sue and be sued.

(3) The Head Office of the Corporation shall be at Karachi but the Government may, by notification in the official Gazette, transfer it to such other place as may be specified in such notifica-

tion.

(4) The Corporation shall establish Regional Offices at such places as the Government may direct.

Section 4. Share Capital

(1) The authorized share capital of the Corporation shall, in the first instance, be one crore of rupees divided into one hundred fully paid up shares of one lakh of rupees each, of which forty five shares will be issued in the first instance and the remaining shares may be issued from time to time by the Corporation with the previous sanction of the Government.

(2) Nothing in sub-section (1) shall prevent the Corporation from increasing its capital with the previous sanction of the Government.

Section 5. Management

(1) The 6[determination of questions of policy and the general direction of the affairs of the Corporation shall vest in the Board and the Board] may exercise all powers and do all acts and things which may be exercised or done by the Corporation in accordance with the provisions of this Ordinance.

(2) The Board in discharging its functions shall act on commercial considerations and shall be guided by such directions as the Government may give it from time to time.

1Subs. by F.A.O., 1975, Art. 2 and sch., for “Provincial Government”.

2Subs. by the Provincial Industrial Development Corporation (W.P. (Amdt.). Ordinance 1963 (W.P. ord. No. 3 of 1963) s. 2 for full-stop.”

3Cls. (j) (k) (l) and (m) were added by W.P. Ord. No. 3 of 1963 s. 2, subsequently cls. (J) (K) and (M) have been omitted by the Provincial

Industrial Development Corporation (W.P. (Amdt.) Ordinance, 1965 (29 of 1965) s. 2, to read as above.)

4The word (West omitted by Ord. 27 of 1981, s. 3, and Sch. II.)

5Subs. ibid., for Industrial Development Corporation West Pakistan”.

6Subs. by the Provisional Industrial Development Corporation (West Pakistan) (Amdt.) Ordinance, 1971 (26 of 1971), s. 2, for certain

words.

(3) If the Board fails to obey any direction as aforesaid, the Government may remove the Directors including the Chairman, and, notwithstanding anything in section 6, appoint persons in their place to be Directors temporarily until fresh Directors are appointed under that section.

Section 6. Appointment and term of office of Directors

(1) The Board shall consist of such number of Directors, not less than three and not more than five, as may be appointed by the Government.

(2) Each Director shall___

(a) be a whole-time officer of the Corporation; 1[(b) Subject to the provisions of sub-section (3), perform under the general supervision and control of the Chairman such duties as may be assigned to him by the Chairman;]

(c) divest himself of any directorship or other interest held by him in any other Corporation, company or concern other than public companies sponsored by the Corporation under sub-section (5) of section 15 before assuming office as Director;

(d) subject to the provisions of section 9, hold office for a term of three years and may be appointed thereafter for a further term or terms of such duration as the Government may, in appointing him thereto, determine; and

(e) receive such salary and allowances as the Government may determine:

Provided that the Government may, in exceptional circumstances where it considers it necessary to do so in the public interest, exempt, by a special order, any person, who has been appointed or is about to be appointed a Director, from the application of clause (a) and (c).

(3) One of the Directors appointed under sub-section (1) shall be the Financial Director, who shall exercise such powers and discharge such duties as may be prescribed.

Section 7. Chairman

(1) The Government shall appoint one of the Directors to be the Chairman of the Board, who shall be the Chief Executive of the Corporation 2[and shall, subject to the provisions of sub-section (1) of section 5, exercise such powers as are exercisable by the Corporation under this Ordinance].

(2) Subject to his continuing to hold office as a Director, the Chairman shall hold office as Chairman for a term of three years and, subject as aforesaid, shall remain in office as Chairman thereafter until his successor in that office is appointed and may, subject as aforesaid, be appointed to hold that office for a further term or terms as the Government may, in appointing him thereto, determine.

8. Notwithstanding anything contained in sections 6 and 7, when the Board is first constituted, the Chairman and Directors, shall hold office for such term, not exceeding three years, as may be determined by the Government:

1Subs. ibid. s. 3, for cl. (b.)

2Added by the Provisional Industrial Development Corporation (West Pakistan) (Amdt.) Ordinance, 1971 (26 of 1971), s. 4.)

Provided that such Chairman and Directors may be appointed to hold that office for a further term or terms as the Government may, in appointing him thereto, determine.

Section 9. Disqualification of Directors

(1) No person shall be or shall continue to be a Director who___

(a) is or at any time has been convicted of an offence involving moral turpitude; or

(b) is or at any time has been adjudicated insolvent; or

(c) is found a lunatic or becomes of unsound mind; or

(d) is or at any time has been disqualified for employment in, or dismissed from the service of Pakistan; or

(e) is a minor

(2) The Government may, by order in writing remove the Chairman or a Director if he⸻

(a) refuses or fails to discharge or becomes, in the opinion of the Government incapable of discharging his responsibilities under this Ordinance; or

(b) has, in the opinion of the Government, abused his position as Chairman or Director; or

(c) has knowingly acquired or continued to hold, without the permission in writing of the Government, directly or indirectly, or through a partner, any share or interest in any contract or employment with, by or on behalf of the Corporation, or in any property which, in his knowledge, is likely to benefit or has benefited as a result of the operations of the Corporation; or

(d) has absented himself from three consecutive meetings of the Board without the leave of the Government in the case of the Chairman, or of the Chairman in the case of a Director.

(3) Notwithstanding anything contained in this Ordinance, the Chairman or a Director may, at any time before the expiry of his term, upon three months' notice, resign his office, or upon similar notice, be removed from office by the Government without assigning any reason.

Section 10. Appointment of officers

(1) The Corporation may, subject to such general or special orders as the Government may give it from time to time and subject to such rules as may be made in this behalf, appoint such officers, advisers and employees as it considers necessary for the efficient performance of its functions on such terms and conditions as it may see fit 1[and each such officer, adviser and employee shall, subject to the supervision and control of the Chairman, perform such functions as may be assigned to him by the Chairman].

(2) Notwithstanding anything contained, in sub-section (1), the Corporation shall, subject to the provisions of sub-sections (3) and (4), appoint such officers and advisers and employees of the 2[Federal Corporation] as may be transferred to it under the Industrial Corporations (Dissolution) Ordinance, 1962.

1Added by the Provisional Industrial Development Corporation (West Pakistan) (Amdt.) Ordinance, 1971 (26 of 1971), s. 5.

2Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Corporation”.)

(3) Subject to the provisions of the Industrial Corporations (Dissolution) Ordinance, 1962, and any direction received thereunder, the terms and conditions of employment of such officers, advisers and employees, as are referred to in sub-section (2), shall be such as may be determined by the Government;

Provided that the Government may direct that until the terms and conditions have been so determined by it or for such period as it may specify, any such person shall be employed by the Corporation on the same terms and conditions on which he was employed by the 1[Federal Corporation] concerned.

(4) Notwithstanding anything contained in the foregoing sub-sections the Government may direct the Corporation to dispense with the services of any such officers, advisers and employees as are referred to in sub-sections (2) and (3) and in that event the Corporation shall dispense with the services of such persons in the same manner and subject to the same conditions under which their services could be dispensed with by the 1[Federal Corporation] concerned.

Explanation.___ In this section 1[Federal Corporation] has the same meaning as in the Industrial Corporations (Dissolution) Ordinance, 1962.

Section 11. Declaration of fidelity and secrecy

Every Director, adviser, officer or other employee of the Corporation, before entering upon his duties, shall make such declaration of fidelity and secrecy as may be provided by regulations.

Section 12. Meetings of the Board

(1) The meetings of the Board shall be held at such times and at such places as may be prescribed by regulations:

Provided that at least one meeting shall be held in a month:

Provided further that until regulations are made in this behalf, such meetings shall be held at such times and at such places as may be determined by the Chairman.

(2) The quorum necessary for transacting business at a meeting of the Board shall be three, if the Board consists of five Directors and two if the number is less.

(3) Each Director, including the Chairman, shall have one vote but in the event of an equality of votes, the Chairman shall have a second or casting vote.

(4) The meetings of the Board shall be presided over by the Chairman, and, in his absence, by a Director authorized by him in this behalf, and in default of such authorization by a person elected for the purpose by the Directors present from among themselves.

(5) No act or proceeding of the Board shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the Board.

(6) The minutes of every meeting, stating among other things, the names of the Directors present, shall be drawn up and recorded in a book to be kept for the purpose, and shall be signed by the person presiding at the meeting, and such book shall at all reasonable times and without charge be open to inspection by any Director.

Section 13. Forwarding of statements, etc., to the Government

(1) If the Government so directs in any case, the Chairman shall forward to it copies of all papers which were laid before the Board for consideration at a meeting.

1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Corporation”.

(2) The Government may require the Chairman to furnish it with__

(a) any return, statement, estimate, statistics or other information regarding any matter under the control of the Corporation; or

(b) a report on any such matter; or

(c) a copy of any document in the charge of the Chairman

(3) The Chairman shall comply with any such requisition under sub-section (2) without undue delay.

[1] Section 13A. Power of Board to associate other persons

(1) The Board may associate with itself in such manner and for such period as it may deem fit any person whose assistance or advice it may desire in carrying out any of the provisions of this Ordinance.

(2) A person associated under sub-section (1) for any purpose shall have a right to take part in the discussion of the Board relating to that purpose, but shall not have a right to vote and shall not be deemed to be a Director for any other purpose.

(3) The Board may constitute such technical and advisory committees as may be necessary for the carrying out of the purposes of this Ordinance.]

[2] Section 14. Delegation of Powers

The Chairman, may, by general or special order in writing, direct that any of his powers under this Ordinance shall, in such circumstances and subject to such conditions, if any, as may be specified in the order, be exercisable also by any Director, officer or adviser of the Corporation so specified.]

Section 15. Business which the Corporation shall transact

(1) The Corporation shall take over and be responsible for such business, projects, undertakings and properties, powers, rights, duties and liabilities as may be transferred to it under the Industrial Corporations (Dissolution) Ordinance,

1962.

(2) The Corporation shall be responsible for- 3[(a) planning, promoting, organizing and implementing programmes for the establishment of industries listed in the Schedule and the exploitation of fisheries;]

(b) the exploration, exploitation and development of minerals and mines thereof;

and

(c) the exploration, exploitation and development of any material which the 4[Federal Government] may entrust to it subject to such conditions as the 4[Federal Government] may specify.

1Added by the Provisional Industrial Development Corporation (West Pakistan) (Amdt.) Ordinance, 1963 (W.P. Ord. 3 of 1963), s. 3.

2Subs. by the Provincial (Industrial Development Corporation (West Pakistan) (Amdt.) Ordinance, 1971 (26 of 1971), s. 6, for section 14.

3Subs. by the Provincial Industrial Development Corporation (West Pakistan) (Amdt.) Ordinance, 1965 (W.P. Ord. No. 29 of 1965), s. 3, for

cl. (a), which was previously amended by W.P. Ord. No. 3 of 1963, s. 4, for the original cl. (a).

4Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.

Explanation.___ In clause (a) “planning” includes studies, surveys, experiments and scientific and technical investigation.

(3) Notwithstanding anything contained in sub-sections (1) and (2), the Corporation shall perform such other duties and functions as the Government may, from time to time, assign to the Corporation.

(4) The Corporation shall, in order to carry out any functions under sub-section (1) or clause

(a) or clause (b) of subsection (2) or sub-section (3),⸻

(a) submit, for the approval of the Government, proposals or schemes; and

(b) proceed to give effect to any proposal or scheme as approved by the Government.

(5) The Corporation may, and, where the Government so directs, shall, for the purpose of giving effect to any proposal or scheme approved by Government, sponsor limited company independent of each other or subsidiary companies incorporated under the Companies Act, 1913:

Provided that before sponsoring any such company, the Corporation shall obtain the approval of the Government to the company’s capital structure.

(6) The Corporation shall, unless otherwise directed by the Government, act as Managing Agents for the aforesaid companies, and may, with the prior concurrence of the Government, relinquish the managing agency in favour of any person.

(7) Nothing contained in section 87A of the Companies Act, 1913 (VII of 1913), shall apply to the Corporation.

(8) The Corporation shall be represented on the Board of Directors of the aforesaid companies.

(9) The Corporation may issue the capital required for the aforesaid companies for public subscription and, if any portion thereof remains unsubscribed after the expiry of the closing date for public subscription, subscribe on behalf of the Government that portion.[:]1

2[Provided that the Corporation shall not subscribe to an extent which in the aggregate exceeds such limit as may be notified by Government form time to time].

(10) The Corporation may underwrite the whole or any portion of the capital issued under sub-section (9).

(11) The Corporation shall, when it considers the time opportune, sell or transfer the shares subscribed for by it under sub-section (9) :

Provided that no such sale or transfer shall take place at a rate below the market quotation or below the par value of such shares without the previous sanction of the Government.

3* * * * * * *

[4] Section 15A. [Limit of accommodation.] Omitted by the Provincial Industrial Development

Corporation (West Pakistan) (Amdt.) Ordinance 1965 (XXIX of 1965), s. 4.

1Subs. by Provincial Industrial Development Corporation (West Pakistan) (Amdt.) Ordinance, 1965 (29 of 1965), s. 3, for full-stop.

2Proviso added ibid.

3Sub-section 12 omitted ibid., which was previously amended by W.P. Ord. No. 3 of 1963, s. 4.

4Section 15A to 15I ins. by the Provincial Industrial Development Corporation (W.P. Amdt.) Ordinance, 1963 (3 of 1963), s. 5.

Section 15B. Security for loans or subscription

No 1* * subscription shall be made unless it is adequately secured by pledge, mortgage, hypothecation or assignment of such property, movable or immovable, and of such value in proportion to the 1* * subscription as may be notified by Government from time to time:

2* * * * * * *

Section 15C. [Limit of loans or guarantees.] Omitted by the Provincial Industrial Development

Corporation (West Pakistan) (Amdt.) Ordinance, 1965 (XXIX of 1965), s. 6.

Section 15D. [Power to impose conditions.] Omitted by the Provincial Industrial Development

Corporation (West Pakistan) (Amdt.) Ordinance, 1965 (XXIX of 1965), s. 6.

Section 15E. Loans in foreign currency

(1) The Corporation may, with the previous consent of the 3[Government] and on such terms and conditions as may be approved by the Government, borrow in foreign currency from the International Bank for Re-construction and Development or other moneys required for the development of industries referred in section 15 4* * *.

(2) All loans obtained in foreign currency shall be repayable either-

(a) in the currency in which they are obtained ; or

(b) in any other currency which is agreed upon by the loan-giving agency and the 3[Government] ; or

(c) in Pakistan currency at the rate of exchange prevailing on the date of re- payment.

Section 15F. [Power to demand immediate Payment of the entire sum.] Omitted by the Provincial

Industrial Development Corporation (West Pakistan) (Amdt.) Ordinance, 1965 (XXIX of 1965), s. 8.

Section 15G. [Certification of sums re-coverable.] Omitted by the Provincial Industrial Development

Corporation (West Pakistan) (Amdt.) Ordinance, 1965 (XXIX of 1965), s. 8.

Section 15H. [Recovery of dues form borrower or surety.] Omitted by the Provincial Industrial

Development Corporation (West Pakistan) (Amdt.) Ordinance, 1965 (XXIX of 1965, s. 8.)

Section 15I. Act XVIII of 1891 to apply to the books of the Corporation

The Corporation shall be deemed to be a bank for the purpose of the “Bankers Books Evidence Act, 1891,]

Section 16. Annual Budget Statement

The Corporation shall by such date in each year as may be prescribed, by rules, submit to the Government for approval a statement, to be called the Annual Budget Statement, in the prescribed form for every financial year showing the estimated receipts and expenditure and sums which are likely to be required from the Government during that financial

year.

Section 17. Custody and investment of Corporation Funds

(1) All moneys at the credit of the Corporation shall be kept___

1The words “loan or” omitted by Ord. 29 of 1965, s. 5.

2Proviso omitted ibid.

3Subs. by F.A.O., 1975, Art. 2 and Sch., for “Government and the Central Government”.

4Certain words omitted by the Provincial Industrial Corporation (West Pakistan; (Amdt.) Ordinance, 1965 (29 of 1960), s. 7.

(a) in places where there is a Government treasury, or sub-treasury or a bank to

which the Government treasury business has been made over, in such treasury,

sub-treasury or bank; and

(b) in other places, with such banks as may be approved by the Government.

(2) Nothing in sub-section (1) shall be deemed to preclude the Corporation from investing any such moneys which are not required for immediate expenditure in any of the securities described in section 20 of the Trusts Act, 1882 (II of 1882), or placing them in fixed deposit with a bank approved by Government, or in such other manner as may be approved by the Government.

Section 18. Maintenance of accounts

The Corporation shall maintain proper accounts and other relevant records and prepare annual statement of accounts, including the profit and loss account and balance-sheet, in accordance with such general directions as may be issued, and in such form as may be specified, by Government in consultation with 1* * * the Auditor General.

Section 19. Audit

(1) The accounts of the Corporation shall be audited by auditors who shall be chartered accountants within the meaning of the Chartered Accountants Ordinance, 1961, and appointed with the approval of the Government by the Corporation on such remuneration as it may think fit, and such remuneration shall be paid by the Corporation.

(2) Notwithstanding the audit provided for in sub-section (1), the Auditor General shall audit or cause to be audited the accounts of the Corporation.

(3) The Auditor General shall also hold, or cause to be held, a test audit of the undertakings wholly owned by the Corporation and of the Companies of which the Corporation is the Managing Agents, and in the event of a text audit disclosing irregularities, the Auditor General may carry out, or cause to be carried out, such further audit as he considers necessary.

(4) The Corporation and every such undertaking and company as is referred to in sub-section

(3) shall produce the accounts books and connected documents, at the place where they are normally expected to be available, and furnish such explanations and information as the Auditor General or any officer authorized by him in this behalf may require at the time of the audit.

(5) The Auditor General shall, in holding the audit, keep in view the provisions of sub-section

(2) of section 5 and state in his report how far in his opinion these provisions have been complied

with.

2[(6) A statement of accounts of the Corporation and the report of the Audior-General on the said accounts, together with the report of the Auditor-General on account of the undertakings and the companies referred to in sub-section (3), shall be furnished to Government by the Corporation after the end of every financial year.]

Section 20. Annual Report

3[(1)] The Corporation shall, as soon as possible, after the end of every financial year, submit an annual report to the Government on the conduct of its affairs for that year, and on its proposals for the next ensuing financial year.

4[(2) The annual report referred to in sub-section (1) shall, as soon as possible, be laid by Government before the 5[National Assembly] 1The Certain words omitted by F.A.O., 1975, Art. 2 and Sch. 2Sub-section (6) added by the Provincial Industrial Development Corporation (West Pakistan) (Amdt.) Act, 1967 (10 of 1967), s. 2. 3Re-numbered as sub-section (1) by the Provincial Development Corporation (West Pakistan) (Amdt.) Act-1967 (10 of 1967), s. 3. 4Sub-section (2) added ibid.

5Subs. by F.A.O., 1975, Art. 2 and Sch., for “Provincial Assembly of West Pakistan”. and “Provincial Assembly,

Section 21. Indemnity of Directors

⸻(1) Every Director shall be indemnified by the Corporation against all losses and expenses incurred by him in the discharge of his duties except such as are caused by his own wilful act or default.

(2) A Director shall not be personally responsible for the acts of any other Director or of any officer, adviser or employee of the Corporation for any loss or expense resulting to the Corporation by reason of the insufficiency or deficiency in value of or title to any property or security acquired or taken on behalf of the Corporation, or by the wrongful act of any person under a liability to the Corporation, or by anything done by him in good faith in the execution of the duties of his office.

1[21A.⸻(1) The annual statement of accounts referred to in section 18, together with the audit report and test audit report of the Auditor-General on the accounts of the Corporation, undertakings and Companies referred to in section 19 shall be placed by Government before the 4[National Assembly] as soon as possible after they are received, and the 2[National Assembly] shall refer the same to its Committee on Public Accounts for scrutiny.

(2) The Committee on Public Accounts shall scrutinize and examine the reports referred to it under sub-section (1) in the same manner as, and shall in respect thereof perform the same functions and exercise the same powers as are required by it to be performed and exercised in respect of appropriation account of the Provincial Government and the report of the Comptroller and Auditor- General of Pakistan thereon.]

Section 22. Public servants

The Chairman, Directors, officers adviser or employee of the Corporation shall, while acting or purporting to act in pursuance of the provisions of this Ordinance, or the rules or regulations made thereunder, be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860).

Section 23. Power to make rules

(1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.

(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for⸻

(a) the relinquishment of managing agency in favour of any person;

(b) the manner of keeping accounts of the Corporation and the companies managed by it;

(c) the recruitment of officers, advisers and employees of the Corporations;

(d) the terms and conditions of service of the officers, advisers and employees of the Corporation, including the functions of the advisers;

(e) the borrowings by the Corporation;

(f) the purchase and sale of goods by the Corporations:

(g) the date by which, and the form in which, the annual budget statement shall be submitted in each year;

1Subs. by F.A.O., 1975, Art. 2 and Sch., for “Provincial Assembly of West Pakistan”. and “Provincial Assembly,

2Section 21A added by Act, 10 of 1967, s. 4.)

(h) the procedure for appropriation and re-appropriation of moneys at the credit of the Corporation;

(i) the form and manner in which and the authorities to whom returns, reports or statements shall be submitted; and

(j) such other matters relating to the administration of the affairs of the Corporation as the Government may think fit to regulate by rules.

Section 24. Power to make regulations

(1) The Board may, with the previous sanction of the Government, make regulations to provide for all matters, not provided for in the rules for which provision is necessary or expedient for carrying out the purposes of this Ordinance and the said rules.

(2) In particular and without prejudice to the generality of the foregoing powers, such regulations may provide for the-

(a) meetings of the Board;

(b) investment of the Corporation’s funds; and

(c) sale or transfer of shares under sub-section (11) of section 15.

Section 25. Power to amend the Schedule

The Government may, from time to time, by notification in, the official Gazette, amend the Schedule so as to include therein or exclude therefrom any industry or vary the description of any industry included therein.

Section 26. Winding up of the Corporation

No provision of law relating to the winding up of companies and corporations shall apply to the Corporation and the Corporation shall not be wound up except by order of the Government and in such manner as it may direct. ____________

SCHEDULE

1.

Jute.

2. Papers, Board and Newsprint.

3. Heavy Engineering including Iron and Steel but excluding Shipbuilding.

4. Shipbuilding.

5. Heavy Chemicals other than fertilizers.

6. Fertilizers.

7.

Sugar.

8. Cement.

9. Textiles.

10. Chemicals, Pharmaceuticals and Dyestuffs.

11. Coal and Peat.

12. Exploitation of Marine Fisheries except fisheries outside territorial waters.

13. Industries based on forest products.

Paragraph 14. Cottage and Small Scale Industries

145274

Date: 11-11-2024

Print contents from the source
CONTENTS 
1.  Short title, extent and commencement.  
2.  Definitions.  
3.  Establishment of the Corporation and its office.  
4.  Share Capital.  
5.  Management.  
6.  Appointment and term of office of Directors.  
7.  Chairman.  
8.   
9.  Disqualification of Directors.  
10.  Appointment of officers.  
11.  Declaration of fidelity and secrecy.  
12.  Meetings of the Board.  
13.  Forwarding of statements, etc., to the Government.  
13 A.  Power of Board to associate other persons.  
14.  Delegation of powers.  
15.  Business which the Corporation shall transact.  

 
Page 2 of 14 
 
15 A.  [Omitted.] 
15 B.  Security for loans or subscription.  
15 C.  [Omitted.] 
15 D.  [Omitted.] 
15 E.  Loans in foreign currency.  
15 F.  [Omitted.] 
15 G.  [Omitted.] 
15 H.  [Omitted.] 
15 I.  Act XVIII of 1891 to apply to the books of the Corporation.  
16.  Annual Budget Statement 
17.  Custody and investment of Corporation Funds.  
18.  Maintenance of accounts.  
19  Audit.  
20.  Annual Report.  
21.  Indemnity of Directors.  
21 A.  
22.  Public servants.  
23.  Power to make rules.  
24.  Power to make regulations.  
25.  Power to amend the Schedule.  
26.  Winding up of the Corporation.  
Compare the original stored transcription

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 9a50942283a945735ee7757b7e3fe9ad186c3778055a70272ed2428159e2b912.

Page 1 of 14 
 
  
 
 
THE PROVINCIAL INDUSTRIAL DEVELOPMENT 
CORPORATION (WEST PAKISTAN) ORDINANCE, 1962 
 
CONTENTS 
1.  Short title, extent and commencement.  
2.  Definitions.  
3.  Establishment of the Corporation and its office.  
4.  Share Capital.  
5.  Management.  
6.  Appointment and term of office of Directors.  
7.  Chairman.  
8.   
9.  Disqualification of Directors.  
10.  Appointment of officers.  
11.  Declaration of fidelity and secrecy.  
12.  Meetings of the Board.  
13.  Forwarding of statements, etc., to the Government.  
13 A.  Power of Board to associate other persons.  
14.  Delegation of powers.  
15.  Business which the Corporation shall transact.  

 
Page 2 of 14 
 
15 A.  [Omitted.] 
15 B.  Security for loans or subscription.  
15 C.  [Omitted.] 
15 D.  [Omitted.] 
15 E.  Loans in foreign currency.  
15 F.  [Omitted.] 
15 G.  [Omitted.] 
15 H.  [Omitted.] 
15 I.  Act XVIII of 1891 to apply to the books of the Corporation.  
16.  Annual Budget Statement 
17.  Custody and investment of Corporation Funds.  
18.  Maintenance of accounts.  
19  Audit.  
20.  Annual Report.  
21.  Indemnity of Directors.  
21 A.  
22.  Public servants.  
23.  Power to make rules.  
24.  Power to make regulations.  
25.  Power to amend the Schedule.  
26.  Winding up of the Corporation.  
SCHEDULE.
 
Page 3 of 14 
 
THE PROVINCIAL INDUSTRIAL DEVELOPMENT CORPORATION (WEST 
PAKISTAN) ORDINANCE, 1962 
1ORDINANCE NO. XXXVIII OF 1962 
[4th June, 1962] 
An Ordinance to establish an Industrial Development Corporation. 2*  *  * 
 WHEREAS it is expedient to provide for the establishment of an Industrial Development 
Corporation for the purpose of promoting the economic and industrial development 2* * *and for 
matters ancillary thereto; 
 NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, 
and in exercise of all powers enabling him in that behalf, the President is pleased to make and 
promulgate the following Ordinance:- 
  1. Short title, extent and commencement. ___(1) This Ordinance may be called the 
3[Pakistan Industrial Development Corporation Ordinance, 1962].  
 (2) It extends to the whole of 4[Pakistan]. 
 (3) It shall come into force at once. 
 2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or 
context,- 
(a)  “Board” means the Board of Directors of the Corporation; 
5*  *  *  *  *  *  * 
(b)  “Chairman” means the Chairman of the Corporation; 
(c)  “Corporation” means the 6[Pakistan Industrial Development Corporation] 
established under section 3; 
7*  *  *  *  *  *  * 
(d)  “Director” means the Director of the Corporation; 
 
 1This Ordinance has been amended in its application to the Province of West Pakistan by West Pakistan Ordinances and Act,  
  (i) W.P. Ord. No. 3 of 1963, s. 2 (with effect from the 26th March, 1963) 
  (ii) W.P. Ord. No. 14 of 1964, s. 2 (with effect from the 8th September, 1964), and 
  (iii) W.P. Ord. No. 29 of 1965 (with effect from the 16th October, 1965) 
  (iv) W.P. Act-No. 10 of 1967, s. 2 (with effect from the 21st July, 1967) 
 2The words “for West Pakistan” and “of West Pakistan” were omitted by the Federal Laws (Revision and  Declaration) Ordinance, 1981 (27 
 of 1981), s. 3. and Sch., II. 
 3Subs. ibid., for “Provincial Industrial Development Corporation (West Pakistan) Ordinance, 1962”. 
 4Subs. by F.A.O., 1975, Art. 2 and Sch., for “West Pakistan”.  
 5Clauses (aa) omitted by t he Provincial Industrial Development Corporation (West Pakistan (Amdt.) Ordinance, 1965 (W.P. Ord. no. 29 of 
 1965), s. 2, which was previously amended by W.P. Ord. No. 3 of 1963, s. 2.) 
 6Subs. by the Federal Laws (Revision and Declaration) Ordinance, 198 1 (27 of 1981) s. 3 and sch. II for “Industrial Development 
 Corporation of West Pakistan”. 
 7Clause (cc) Omitted by the Provincial Industrial Development Corporation (West Pakistan) (Admt.) Ordinance 1965, (W.P. Ord. N o. 29 of 
 1965) s. 2, which was previously amended by W.P. Ord. No. 3 of 1963, s. 2.) 
 
Page 4 of 14 
 
 
(e)  “Government” means the 1[Federal Government]; 
(f)  “Minerals” means all minerals excluding minerals necessary for the generation 
of nuclear energy and mineral oil and natural gas; 
(g) “prescribed” means prescribed by rules or regulations; 
(h) “regulations” means regulations made under this Ordinance; 
(i) “rules” means rules made under this Ordinance [;]2 
 3*  *  *  *  *  *  * 
 3. Establishment of the Corporation and its offices.___ (1) As soon as may be after the 
commencement of this Ordinance, the Government shall establish a corporation to be called the 
4[Pakistan] Industrial Development Corporation. 
 (2) The Corporation shall be a body corporate by the name of the 5[Pakistan Industrial 
Development Corporation] having perpetual succession and a common seal with power subject to the 
provisions of this Ordinance, to acquire and hold property, both movable and immovable, and shall 
by the said name sue and be sued. 
 (3) The Head Office of the Corporation shall be at Karachi but the Government may, by 
notification in the official Gazette, transfer it to such other place as may be specified in such notifica-
tion. 
 (4) The Corporation shall establish Regional Offices at such places as the Government may 
direct. 
 4. Share Capital. ___ (1) The authorized share capital of the Corporation shall, in the first 
instance, be one crore of rupees divided into one hundred fully paid up shares of one lakh of rupees 
each, of which forty five shares will be issued in the first  instance and the remaining shares may be 
issued from time to time by the Corporation with the previous sanction of the Government.  
 (2) Nothing in sub -section (1) shall prevent the Corporation from increasing its capital with 
the previous sanction of the Government. 
 5. Management.___(1) The 6[determination of questions of policy and the general direction of 
the affairs of the Corporation shall vest in the Board and the Board] may exercise all powers and do 
all acts and things which may be exercised or d one by the Corporation in accordance with the 
provisions of this Ordinance.  
 
(2) The Board in discharging its functions shall act on commercial considerations and shall be guided 
by such directions as the Government may give it from time to time. 
 
 1Subs. by F.A.O., 1975, Art. 2 and sch., for “Provincial Government”. 
 2Subs. by the Provincial Industrial Development Corporation (W.P. (Amdt.). Ordinance 1963 (W.P. ord. No. 3 of 1963) s. 2 for full-stop.” 
 3Cls. (j) (k) (l) and (m) were added by W.P. Ord. No. 3 of 1963 s. 2, subsequently cls. (J) (K) and (M) have been omitted by the Provincial 
 Industrial Development Corporation (W.P. (Amdt.) Ordinance, 1965 (29 of 1965) s. 2, to read as above.) 
 4The word (West omitted by Ord. 27 of 1981, s. 3, and Sch. II.) 
 5Subs. ibid., for Industrial Development Corporation West Pakistan”. 
 6Subs. by the Provisional Industrial Development Corporation (West Pakistan) (Amdt.) Ordinance, 1971 (26 of 1971), s. 2, for c ertain 
 words. 
 
Page 5 of 14 
 
 (3) If the Board fails to obey any direction as aforesaid, the Government may remove the 
Directors including the Chairman, and, notwithstanding anything in section 6, appoint persons in 
their place to be Directors temporarily until fresh Directors are appointed under that section. 
 6. Appointment and term of office of Directors.___(1) The Board shall consist of such 
number of Directors, not less than three and not more than five, as may be appointed by the 
Government.  
 (2) Each Director shall___ 
(a)  be a whole-time officer of the Corporation; 
1[(b)  Subject to the provisions of sub-section (3), perform under the general 
supervision and control of the Chairman such duties as may be assigned to 
him by the Chairman;] 
(c)  divest himself of any directorship or other interest held by him in any other 
Corporation, company or concern other than public companies sponsored by 
the Corporation under sub-section (5) of section 15 before assuming office as 
Director; 
(d)  subject to the provisions of section 9, hold office for a term of three years and 
may be appointed thereafter for a further term or terms of such duration as the 
Government may, in appointing him thereto, determine; and 
(e)  receive such salary and allowances as the Government may determine: 
 Provided that the Government may, in exceptional circumstances where it considers it 
necessary to do so in the public interest, exempt, by a special order, any person, who has been 
appointed or is about to be appointed a Director, from the application of clause (a) and (c). 
 (3) One of the Directors appointed under sub-section (1) shall be the Financial Director, who 
shall exercise such powers and discharge such duties as may be prescribed. 
 7. Chairman.___(1) The Government shall appoint one of the Directors to be the Chairman of 
the Board, who shall be the Chief Executive of the Corporation 2[and shall, subject to the provisions 
of sub-section (1) of section 5, exercise such powers as are exercisable by the Corporation under this 
Ordinance].  
 (2) Subject to his continuing to hold office as a Director, the Chairman shall hold office as 
Chairman for a term of three years and, subject as aforesaid, shall remain in office as Chairman 
thereafter until his successor in that office is appointed and may, subject as aforesaid, be appointed to 
hold that office for a further term or terms as the Government may, in appointing him thereto, 
determine. 
 8. Notwithstanding anything contained in sections 6 and 7, when the Board is first 
constituted, the Chairman and Directors, shall hold office for such term, not exceeding three years, as 
may be determined by the Government: 
 
 1Subs. ibid. s. 3, for cl. (b.) 
 2Added by the Provisional Industrial Development Corporation (West Pakistan) (Amdt.) Ordinance, 1971 (26 of 1971), s. 4.) 
 
Page 6 of 14 
 
  Provided that such Chairman and Directors may be appointed to hold that office for a further 
term or terms as the Government may, in appointing him thereto, determine. 
 9. Disqualification of Directors.___(1) No person shall be or shall continue to be a Director 
who___ 
(a)  is or at any time has been convicted of an offence involving moral turpitude; 
or 
(b)  is or at any time has been adjudicated insolvent; or 
(c)  is found a lunatic or becomes of unsound mind; or 
(d)  is or at any time has been disqualified for employment in, or dismissed from 
the service of Pakistan; or 
(e)  is a minor 
 (2) The Government may, by order in writing remove the Chairman or a Director if he⸻ 
(a)  refuses or fails to discharge or becomes, in the opinion of the Government 
incapable of discharging his responsibilities under this Ordinance; or 
(b)  has, in the opinion of the Government, abused his position as Chairman or 
Director; or 
(c)  has knowingly acquired or continued to hold, without the permission in 
writing of the Government, directly or indirectly, or through a  partner, any 
share or interest in any contract or employment with, by or on behalf of the 
Corporation, or in any property which, in his knowledge, is likely to benefit or 
has benefited as a result of the operations of the Corporation; or 
(d)  has absented  himself from three consecutive meetings of the Board without 
the leave of the Government in the case of the Chairman, or of the Chairman 
in the case of a Director. 
 (3) Notwithstanding anything contained in this Ordinance, the Chairman or a Director may, at 
any time before the expiry of his term, upon three months' notice, resign his office, or upon similar 
notice, be removed from office by the Government without assigning any reason. 
 
 10. Appointment of officers.___(1) The Corporation may, subject to such general or special 
orders as the Government may give it from time to time and subject to such rules as may be made in 
this behalf, appoint such officers, advisers and employees as it considers necessary for the efficient 
performance of its functions on such terms and conditions as it may see fit 1[and each such officer, 
adviser and employee shall, subject to the supervision and control of the Chairman, perform such 
functions as may be assigned to him by the Chairman].  
 
 (2) Notwithstanding anything contained, in sub-section (1), the Corporation shall, subject to 
the provisions of sub-sections (3) and (4), appoint such officers and advisers and employees of the 
2[Federal Corporation] as may be transferred to it under the Industrial Corporations (Dissolution) 
Ordinance, 1962. 
 
 1Added by the Provisional Industrial Development Corporation (West Pakistan) (Amdt.) Ordinance, 1971 (26 of 1971), s. 5. 
 2Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Corporation”.) 
 
 
Page 7 of 14 
 
 (3) Subject to the provisions of the Industrial Corporations (Dissolution) Ordinance, 1962, 
and any direction received thereunder, the terms and conditions of employment of such officers, 
advisers and employees, as are referred to in sub-section (2), shall be such as may be determined by 
the Government; 
 Provided that the Government may direct that until the terms and conditions have been so 
determined by it or for such period as it may specify, any such person shall be employed by the 
Corporation on the same terms and conditions on which he was employed by the 1[Federal 
Corporation] concerned. 
 (4) Notwithstanding anything contained in the foregoing sub-sections the Government may 
direct the Corporation to dispense with the services of any such officers, advisers and employees as 
are referred to in sub-sections (2) and (3) and in that event the Corporation shall dispense with the 
services of such persons in the same manner and subject to the same conditions under which their 
services could be dispensed with by the 1[Federal Corporation] concerned. 
 Explanation.___ In this section 1[Federal Corporation] has the same meaning as in the 
Industrial Corporations (Dissolution) Ordinance, 1962. 
 11. Declaration of fidelity and secrecy. Every Director, adviser, officer or other employee 
of the Corporation, before entering upon his duties, shall make such declaration of fidelity and 
secrecy as may be provided by regulations. 
 12. Meetings of the Board.___(1) The meetings of the Board shall be held at such times and 
at such places as may be prescribed by regulations: 
 Provided that at least one meeting shall be held in a month: 
 Provided further that until regulations are made in this behalf, such meetings shall be held at 
such times and at such places as may be determined by the Chairman. 
 
 (2) The quorum necessary for transacting business at a meeting of the Board shall be three, if 
the Board consists of five Directors and two if the number is less. 
 
 (3) Each Director, including the Chairman, shall have one vote but in the event of an equality 
of votes, the Chairman shall have a second or casting vote. 
 
 (4) The meetings of the Board shall be presided over by the Chairman, and, in his absence, by 
a Director authorized by him in this behalf, and in default of such authorization by a person elected 
for the purpose by the Directors present from among themselves. 
 
 (5) No act or proceeding of the Board shall be invalid merely on the ground of the existence 
of any vacancy in, or any defect in the constitution of, the Board. 
 
 (6) The minutes of every meeting, stating among other things, the names of the Directors 
present, shall be drawn up and recorded in a book to be kept for the purpose, and shall be signed by 
the person presiding at the meeting, and such book shall at all reasonable times and without charge 
be open to inspection by any Director.  
 13. Forwarding of statements, etc., to the Government.___(1) If the Government so directs 
in any case, the Chairman shall forward to it copies of all papers which were laid before the Board 
for consideration at a meeting.  
 1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Corporation”. 
 
Page 8 of 14 
 
 (2) The Government may require the Chairman to furnish it with__ 
(a)  any return, statement, estimate, statistics or other information regarding any 
matter under the control of the Corporation; or 
(b)  a report on any such matter; or 
(c)  a copy of any document in the charge of the Chairman 
 (3) The Chairman shall comply with any such requisition under sub-section (2) without 
undue delay. 
 1[13A. Power of Board to associate other persons.___(1) The Board may associate with 
itself in such manner and for such period as it may deem fit any person whose assistance or advice it 
may desire in carrying out any of the provisions of this Ordinance.  
  (2) A person associated under sub-section (1) for any purpose shall have a right to take part 
in the discussion of the Board relating to that purpose, but shall not have a right to vote and shall not 
be deemed to be a Director for any other purpose. 
 (3) The Board may constitute such technical and advisory committees as may be necessary 
for the carrying out of the purposes of this Ordinance.] 
 2[14. Delegation of Powers. The Chairman, may, by general or special order in writing, 
direct that any of his powers under this Ordinance shall, in such circumstances and subject to such 
conditions, if any, as may be specified in the order, be exercisable also by any Director, officer or 
adviser of the Corporation so specified.] 
 15. Business which the Corporation shall transact. ___(1) The Corporation shal l take over 
and be responsible for such business, projects, undertakings and properties, powers, rights, duties and 
liabilities as may be transferred to it under the Industrial Corporations (Dissolution) Ordinance, 
1962.  
 (2) The Corporation shall be responsible for- 
3[(a)  planning, promoting, organizing and implementing programmes for the 
establishment of industries listed in the Schedule and the exploitation of 
fisheries;] 
  (b)  the exploration, exploitation and development of minerals and mines thereo f; 
   and 
(c)  the exploration, exploitation and development of any material which the 
4[Federal Government] may entrust to it subject to such conditions as the 
4[Federal Government] may specify. 
 
 1Added by the Provisional Industrial Development Corporation (West Pakistan) (Amdt.) Ordinance, 1963 (W.P. Ord. 3 of 1963), s. 3. 
 2Subs. by the Provincial (Industrial Development Corporation (West Pakistan) (Amdt.) Ordinance, 1971 (26 of 1971), s. 6, for section 14. 
 3Subs. by the Provincial Industrial Development Corporation (West Pakistan) (Amdt.) Ordinance, 1965 (W.P. Ord. No. 29 of 1965), s. 3, for 
 cl. (a), which was previously amended by W.P. Ord. No. 3 of 1963, s. 4, for the original cl. (a). 
 4Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. 
 
 
Page 9 of 14 
 
 Explanation.___ In clause (a) “planning” includes studies, surveys, experiments and scientific 
and technical investigation. 
 
 (3) Notwithstanding anything contained in sub-sections (1) and (2), the Corporation shall 
perform such other duties and functions as the Government may, from time to time, assign to the 
Corporation. 
 
 (4) The Corporation shall, in order to carry out any functions under sub-section (1) or clause 
(a) or clause (b) of subsection (2) or sub-section (3),⸻ 
 
(a)  submit, for the approval of the Government, proposals or schemes; and 
 
(b)  proceed to give effect to any proposal or scheme as approved by the 
Government. 
 
 (5) The Corporation may, and, where the Government so directs, shall, for the purpose of 
giving effect to any proposal or scheme approved by Government, sponsor limited company 
independent of each other or subsidiary companies incorporated under the Companies Act, 1913: 
 
 Provided that before sponsoring any such company, the Corporation shall obtain the approval 
of the Government to the company’s capital structure. 
 
 (6) The Corporation shall, unless otherwise directed by the Government, act as Managing 
Agents for the aforesaid companies, and may, with the prior concurrence of the Government, 
relinquish the managing agency in favour of any person. 
 
 (7) Nothing contained in section 87A of the Companies Act, 1913 (VII of 1913), shall apply 
to the Corporation. 
 
 (8) The Corporation shall be represented on the Board of Directors of the aforesaid 
companies. 
 
 (9) The Corporation may issue the capital required for the aforesaid companies for public 
subscription and, if any portion thereof remains unsubscribed after the expiry of the closing date for 
public subscription, subscribe on behalf of the Government that portion.[:]1 
 
 2[Provided that the Corporation shall not subscribe to an extent which in the aggregate 
exceeds such limit as may be notified by Government form time to time]. 
 
 (10) The Corporation may underwrite the whole or any portion of the capital issued under 
sub-section (9). 
 
 (11) The Corporation shall, when it considers the time opportune, sell or transfer the shares 
subscribed for by it under sub-section (9) : 
 
 Provided that no such sale or transfer shall take place at a rate below the market quotation or 
below the par value of such shares without the previous sanction of the Government. 
 
  3*  *  *  *  *  *  *  
 
 4[15A. [Limit of accommodation.] Omitted by the Provincial Industrial Development 
Corporation (West Pakistan) (Amdt.) Ordinance 1965 (XXIX of 1965), s. 4. 
 
 1Subs. by Provincial Industrial Development Corporation (West Pakistan) (Amdt.) Ordinance, 1965 (29 of 1965), s. 3, for full-stop. 
 2Proviso added ibid. 
 3Sub-section 12 omitted ibid., which was previously amended by W.P. Ord. No. 3 of 1963, s. 4. 
 4Section 15A to 15I ins. by the Provincial Industrial Development Corporation (W.P. Amdt.) Ordinance, 1963 (3 of 1963), s. 5. 
 
Page 10 of 14 
 
 15B. Security for loans or subscription. No 1* * subscription shall be made unless it is 
adequately secured by pledge, mortgage, hypothecation or assignment of such property, movable or 
immovable, and of such value in proportion to the 1* * subscription as may be notified by 
Government from time to time:  
  2*  *  *  *  *  *  *  
 15C. [Limit of loans or guarantees.] Omitted by the Provincial Industrial Development 
Corporation (West Pakistan) (Amdt.) Ordinance, 1965 (XXIX of 1965), s. 6. 
 15D. [Power to impose conditions.] Omitted by the Provincial Industrial Development 
Corporation (West Pakistan) (Amdt.) Ordinance, 1965 (XXIX of 1965), s. 6.  
 15E. Loans in foreign currency. ___(1) The Corporation may, with the previous consent of 
the 3[Government] and on such terms and conditions as may be approved by the Government, 
borrow in foreign currency from the International Bank for Re -construction and Development or 
other moneys required for the development of industries referred in section 15 4* * *.  
 (2) All loans obtained in foreign currency shall be repayable either- 
(a)  in the currency in which they are obtained ; or 
(b)  in any other currency which is agreed upon by the loan -giving agency and the 
3[Government] ; or 
(c)  in Pakistan currency at the rate of exchange prevailing on the date of re -
payment. 
15F. [Power to demand immediate Payment of the entire sum.] Omitted by the Provinc ial 
Industrial Development Corporation (West Pakistan) (Amdt.) Ordinance, 1965 (XXIX of 1965), s. 8. 
 15G. [Certification of sums re-coverable.] Omitted by the Provincial Industrial Development 
Corporation (West Pakistan) (Amdt.) Ordinance, 1965 (XXIX of 1965), s. 8. 
 15H. [Recovery of dues form borrower or surety.] Omitted by the Provincial Industrial 
Development Corporation (West Pakistan) (Amdt.) Ordinance, 1965 (XXIX of 1965, s. 8.) 
 15I. Act XVIII of 1891 to apply to the books of the Corporation. The C orporation shall be 
deemed to be a bank for the purpose of the “Bankers Books Evidence Act, 1891,] 
 16. Annual Budget Statement . The Corporation shall by such date in each year as may be 
prescribed, by rules, submit to the Government for approval a stateme nt, to be called the Annual 
Budget Statement, in the prescribed form for every financial year showing the estimated receipts and 
expenditure and sums which are likely to be required from the Government during that financial 
year. 
 17. Custody and investmen t of Corporation Funds. ___(1) All moneys at the credit of the 
Corporation shall be kept___ 
 
 1The words “loan or” omitted by Ord. 29 of 1965, s. 5. 
 2Proviso omitted ibid. 
 3Subs. by F.A.O., 1975, Art. 2 and Sch., for “Government and the Central Government”. 
 4Certain words omitted by the Provincial Industrial Corporation (West Pakistan; (Amdt.) Ordinance, 1965 (29 of 1960), s. 7. 
 
Page 11 of 14 
 
  (a) in places where there is a Government treasury, or sub-treasury or a bank to 
   which the Government treasury business has been made over, in such treasury, 
   sub-treasury or bank; and 
(b) in other places, with such banks as may be approved by the Government. 
 
 (2) Nothing in sub-section (1) shall be deemed to preclude the Corporation from investing 
any such moneys which are not required for immediate expenditure in any of the securities described 
in section 20 of the Trusts Act, 1882 (II of 1882), or placing them in fixed deposit with a bank 
approved by Government, or in such other manner as may be approved by the Government. 
 18. Maintenance of accounts. The Corporation shall maintain proper accounts and other 
relevant records and prepare annual statement of accounts, including the profit and loss account and 
balance-sheet, in accordance with such general directions as may be issued, and in such form as may 
be specified, by Government in consultation with 1* * * the Auditor General. 
 
 19. Audit.___ (1) The accounts of the Corporation shall be audited by auditors who shall be 
chartered accountants within the meaning of the Chartered Accountants Ordinance, 1961, and 
appointed with the approval of the Government by the Corporation on such remuneration as it may 
think fit, and such remuneration shall be paid by the Corporation.  
 
 (2) Notwithstanding the audit provided for in sub-section (1), the Auditor General shall audit 
or cause to be audited the accounts of the Corporation. 
 
 (3) The Auditor General shall also hold, or cause to be held, a test audit of the undertakings 
wholly owned by the Corporation and of the Companies of which the Corporation is the Managing 
Agents, and in the event of a text audit disclosing irregularities, the Auditor General may carry out, 
or cause to be carried out, such further audit as he considers necessary. 
 
 (4) The Corporation and every such undertaking and company as is referred to in sub-section 
(3) shall produce the accounts books and connected documents, at the place where they are normally 
expected to be available, and furnish such explanations and information as the Auditor General or 
any officer authorized by him in this behalf may require at the time of the audit. 
 
 (5) The Auditor General shall, in holding the audit, keep in view the provisions of sub-section 
(2) of section 5 and state in his report how far in his opinion these provisions have been complied 
with. 
 
 2[(6) A statement of accounts of the Corporation and the report of the Audior-General on the 
said accounts, together with the report of the Auditor-General on account of the undertakings and the 
companies referred to in sub-section (3), shall be furnished to Government by the Corporation after 
the end of every financial year.] 
 20. Annual Report. ___ 3[(1)] The Corporation shall, as soon as possible, after the end of 
every financial year, submit an annual report to the Government on the conduct of its affairs for that 
year, and on its proposals for the next ensuing financial year.  
 
 4[(2) The annual report referred to in sub -section (1) shall, as soon as possible, be laid by 
Government before the 5[National Assembly] 
1The Certain words omitted by F.A.O., 1975, Art. 2 and Sch. 
2Sub-section (6) added by the Provincial Industrial Development Corporation (West Pakistan) (Amdt.) Act, 1967 (10 of 1967), s. 2. 
3Re-numbered as sub-section (1) by the Provincial Development Corporation (West Pakistan) (Amdt.) Act-1967 (10 of 1967), s. 3. 
4Sub-section (2) added ibid. 
5Subs. by F.A.O., 1975, Art. 2 and Sch., for “Provincial Assembly of West Pakistan”. and “Provincial Assembly, 
 
 
Page 12 of 14 
 
  21. Indemnity of Directors. ⸻(1) Every Director shall be indemnifi ed by the Cor poration 
against all losses and expenses incurred by him in the discharge of his duties except such as are 
caused by his own wilful act or default. 
 (2) A Director shall not be personally responsible for the acts of any other Director or of any 
officer, adviser or employee of the Corporation for any loss or expense resulting to the Corporation 
by reason of the insufficiency or deficiency in value of or title to any property or security acquired or 
taken on behalf of the Corporation, or by the wrongful act of any person under a liability to the 
Corporation, or by anything done by him in good faith in the execution of the duties of his office. 
 1[21A.⸻(1) The annual statement of accounts referred to in section 18, together with the 
audit report and test audit report of the Auditor-General on the accounts of the Corporation, 
undertakings and Companies referred to in section 19 shall be placed by Government before the 
4[National Assembly] as soon as possible after they are received, and the 2[National Assembly] shall 
refer the same to its Committee on Public Accounts for scrutiny.  
 (2) The Committee on Public Accounts shall scrutinize and examine the reports referred to it 
under sub-section (1) in the same manner as, and shall in respect thereof perform the same functions 
and exercise the same powers as are required by it to be performed and exercised in respect of 
appropriation account of the Provincial Government and the report of the Comptroller and Auditor-
General of Pakistan thereon.] 
 22. Public servants. The Chairman, Directors, officers adviser or employee of the 
Corporation shall, while acting or purporting to act in pursuance of the provisions of this Ordinance, 
or the rules or regulations made thereunder, be deemed to be public servants within the meaning of 
section 21 of the Pakistan Penal Code (Act XLV of 1860). 
 23. Power to make rules.___ (1) The Government may, by notification in the official Gazette, 
make rules for carrying out the purposes of this Ordinance. 
 (2) In particular and wi thout prejudice to the generality of the foregoing powers, such rules 
may provide for⸻ 
(a)  the relinquishment of managing agency in favour of any person; 
(b)  the manner of keeping accounts of the Corporation and the companies 
managed by it; 
(c)  the recruitment of officers, advisers and employees of the Corporations; 
(d)  the terms and c onditions of service of the officers, advisers and employees of 
the Corporation, including the functions of the advisers; 
(e) the borrowings by the Corporation; 
(f) the purchase and sale of goods by the Corporations: 
(g) the date by which, and the form in which, the annual budget statement shall be 
submitted in each year; 
 
 1Subs. by F.A.O., 1975, Art. 2 and Sch., for “Provincial Assembly of West Pakistan”. and “Provincial Assembly, 
 2Section 21A added by Act, 10 of 1967, s. 4.) 
 
Page 13 of 14 
 
 (h) the procedure for appropriation and re-appropriation of moneys at the credit of 
the Corporation; 
(i) the form and manner in which and the authorities to whom returns, reports or 
statements shall be submitted; and 
(j) such other matters relating to the administration of the affairs of the 
Corporation as the Government may think fit to regulate by rules. 
 24. Power to make regulations.___(1) The Board may, with the previous sanction of the 
Government, make regulations to provide for all matters, not provided for in the rules for which 
provision is necessary or expedient for carrying out the purposes of this Ordinance and the said rules. 
 (2) In particular and without prejudice to the generality of the foregoing powers, such 
regulations may provide for the- 
(a)  meetings of the Board; 
(b)  investment of the Corporation’s funds; and 
(c)  sale or transfer of shares under sub-section (11) of section 15. 
 25. Power to amend the Schedule. The Government may, from time to time, by notification 
in, the official Gazette, amend the Schedule so as to include therein or exclude therefrom any 
industry or vary the description of any industry included therein. 
 26. Winding up of the Corporation. No provision of law relating to the winding up of 
companies and corporations shall apply to the Corporation and the Corporation shall not be wound 
up except by order of the Government and in such manner as it may direct. 
____________ 
 
 
 
 
 
 
 
 
 
 
 
 
Page 14 of 14 
 
SCHEDULE 
1.  Jute. 
2.  Papers, Board and Newsprint. 
3.  Heavy Engineering including Iron and Steel but excluding Shipbuilding. 
4.  Shipbuilding. 
5.  Heavy Chemicals other than fertilizers. 
6.  Fertilizers. 
7.  Sugar. 
8.  Cement. 
9.  Textiles. 
10.  Chemicals, Pharmaceuticals and Dyestuffs. 
11.  Coal and Peat. 
12.  Exploitation of Marine Fisheries except fisheries outside territorial waters. 
13.  Industries based on forest products. 
14.  Cottage and Small Scale Industries. 
_____________________ 
  
 
 
 
 
 
 
 
 
 
145274         Date: 11-11-2024

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Section 3

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* * * * * (b) “Chairman” means the Chairman of the Corporation; (c) “Corporation” means the 6[Pakistan Industrial Development Corporation] established under section 3; 7* * * * * * * (d) “Director” means the Director of the Corporation; 1This Ordinance has been amended in its application to the Province of West Pakistan by West Pakistan Ordinances and Act, (i) W.P. Ord. N

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Section 6

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of 14 (3) If the Board fails to obey any direction as aforesaid, the Government may remove the Directors including the Chairman, and, notwithstanding anything in section 6, appoint persons in their place to be Directors temporarily until fresh Directors are appointed under that section. 6. Appointment and term of office of Directors.___(1) The Board shall consist of such number of Directors,

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Section 15

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ctorship or other interest held by him in any other Corporation, company or concern other than public companies sponsored by the Corporation under sub-section (5) of section 15 before assuming office as Director; (d) subject to the provisions of section 9, hold office for a term of three years and may be appointed thereafter for a further term or terms of such duration as the Government may, in

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Section 9

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other than public companies sponsored by the Corporation under sub-section (5) of section 15 before assuming office as Director; (d) subject to the provisions of section 9, hold office for a term of three years and may be appointed thereafter for a further term or terms of such duration as the Government may, in appointing him thereto, determine; and (e) receive such salary and allowances as

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Section 5

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ne of the Directors to be the Chairman of the Board, who shall be the Chief Executive of the Corporation 2[and shall, subject to the provisions of sub-section (1) of section 5, exercise such powers as are exercisable by the Corporation under this Ordinance]. (2) Subject to his continuing to hold office as a Director, the Chairman shall hold office as Chairman for a term of three years and, subj

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Section 1

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e same manner and subject to the same conditions under which their services could be dispensed with by the 1[Federal Corporation] concerned. Explanation.___ In this section 1[Federal Corporation] has the same meaning as in the Industrial Corporations (Dissolution) Ordinance, 1962. 11. Declaration of fidelity and secrecy. Every Director, adviser, officer or other employee of the Corporation, bef

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Section 14

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inance, 1963 (W.P. Ord. 3 of 1963), s. 3. 2Subs. by the Provincial (Industrial Development Corporation (West Pakistan) (Amdt.) Ordinance, 1971 (26 of 1971), s. 6, for section 14. 3Subs. by the Provincial Industrial Development Corporation (West Pakistan) (Amdt.) Ordinance, 1965 (W.P. Ord. No. 29 of 1965), s. 3, for cl. (a), which was previously amended by W.P. Ord. No. 3 of 1963, s. 4, for the orig

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Section 12

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1Subs. by Provincial Industrial Development Corporation (West Pakistan) (Amdt.) Ordinance, 1965 (29 of 1965), s. 3, for full-stop. 2Proviso added ibid. 3Sub-section 12 omitted ibid., which was previously amended by W.P. Ord. No. 3 of 1963, s. 4. 4Section 15A to 15I ins. by the Provincial Industrial Development Corporation (W.P. Amdt.) Ordinance, 1963 (3 of 1963), s. 5. Page 10 of 14

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Section 15

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t, borrow in foreign currency from the International Bank for Re -construction and Development or other moneys required for the development of industries referred in section 15 4* * *. (2) All loans obtained in foreign currency shall be repayable either- (a) in the currency in which they are obtained ; or (b) in any other currency which is agreed upon by the loan -giving agency and the 3[Gov

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Section 5

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y him in this behalf may require at the time of the audit. (5) The Auditor General shall, in holding the audit, keep in view the provisions of sub-section (2) of section 5 and state in his report how far in his opinion these provisions have been complied with. 2[(6) A statement of accounts of the Corporation and the report of the Audior-General on the said accounts, together with the repo

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Section 18

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o the Corporation, or by anything done by him in good faith in the execution of the duties of his office. 1[21A.⸻(1) The annual statement of accounts referred to in section 18, together with the audit report and test audit report of the Auditor-General on the accounts of the Corporation, undertakings and Companies referred to in section 19 shall be placed by Government before the 4[National Assem

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Section 19

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section 18, together with the audit report and test audit report of the Auditor-General on the accounts of the Corporation, undertakings and Companies referred to in section 19 shall be placed by Government before the 4[National Assembly] as soon as possible after they are received, and the 2[National Assembly] shall refer the same to its Committee on Public Accounts for scrutiny. (2) The Commit

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Section 15

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ulations may provide for the- (a) meetings of the Board; (b) investment of the Corporation’s funds; and (c) sale or transfer of shares under sub-section (11) of section 15. 25. Power to amend the Schedule. The Government may, from time to time, by notification in, the official Gazette, amend the Schedule so as to include therein or exclude therefrom any industry or vary the description of an

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Section 87A of Companies Act, 1913

Cited by Provincial Industrial Development Corporation (West Pakistan) Ordinance, 1962

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the aforesaid companies, and may, with the prior concurrence of the Government, relinquish the managing agency in favour of any person. (7) Nothing contained in section 87A of the Companies Act, 1913 (VII of 1913), shall apply to the Corporation. (8) The Corporation shall be represented on the Board of Directors of the aforesaid companies. (9) The Corporation may issue the capital required for the aforesaid co

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Section 20 of Trusts Act, 1882

Cited by Provincial Industrial Development Corporation (West Pakistan) Ordinance, 1962

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(1) shall be deemed to preclude the Corporation from investing any such moneys which are not required for immediate expenditure in any of the securities described in section 20 of the Trusts Act, 1882 (II of 1882), or placing them in fixed deposit with a bank approved by Government, or in such other manner as may be approved by the Government. 18. Maintenance of accounts. The Corporation shall maintain proper accounts and

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