{ "schema_version": "qanun-law-text/1", "id": "pk-code-a465e060564990f1", "title": "Esso Undertakings (Vesting) Act, 1976", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-bpuUY2Rv-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "5763c1d9157da9603e7f42793036603efa86d4f85c51897c276facf49aa28d37", "source_sha256": "5763c1d9157da9603e7f42793036603efa86d4f85c51897c276facf49aa28d37", "text_version_id": "law:pk-code-a465e060564990f1:sha256:5763c1d9157da9603e7f42793036603efa86d4f85c51897c276facf49aa28d37", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 13 \r\n \r\n \r\n \r\n \r\n \r\nTHE ESSO UNDERTAKINGS (VESTING) ACT, 1976. \r\n \r\n \r\n \r\n[ \r\n \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Act to override other laws \r\n4. Vesting of Esso undertakings \r\n5. Vesting in a Government Company \r\n6. Contracts \r\n7. Lease \r\n8. Re-organization of Government Company \r\n9. Payment \r\n10. Provisions relating to officers and other employees of Esso undertakings \r\n11. Provident Fund \r\n12. Delivery of possession of vested property \r\n13. Penalty \r\n14. Offences by companies \r\n15. Protection of action taken in good faith \r\n16. Cognizance of offences \r\n17. Savings \r\n \r\n \r\n\r\n \r\nPage 2 of 13 \r\n \r\n18. Removal of doubts \r\n19. Power to make rules \r\n20. Power to remove difficulties \r\n21. Repeal \r\n \r\nPage 3 of 13 \r\n \r\nTHE ESSO UNDERTAKINGS (VESTING) ACT, 1976. \r\n1Act No. LXXIX OF 1976 \r\n \r\n [27th December, 1976] \r\n \r\nAn Act to provide for vesting in the Federal Government of certain undertakings of \r\nEsso Eastern Inc. in Pakistan. \r\n \r\n WHEREAS it is expedient to provide for vesting in the Federal Government of certain \r\nundertakings of Esso Eastern Inc. in Pakistan and for matters connected therewith or ancillary \r\nthereto; \r\n \r\n AND WHEREAS Esso Eastern Inc., a foreign company, has approached the Federal \r\nGovernment for vesting of certain of its undertakings in Pakistan in the Federal Government; \r\n \r\n AND WHEREAS the scope of such vesting and the amount and manner of the payment to \r\nbe made to Esso E astern Inc. for such undertakings has been agreed upon between the Federal \r\nGovernment and Esso Eastern Inc.; \r\n \r\n It is hereby enacted as follows:— \r\n \r\n 1. Short title, extent and commencement.—(1) This Act may be called the Esso \r\nUndertakings (Vesting) Act, 1976. \r\n \r\n (2) It extends to the whole of Pakistan. \r\n \r\n (3) It shall come into force at once. \r\n \r\n 2. Definitions.— In this Act, unless there is anything repugnant in the subject or \r\ncontext,— \r\n \r\n(a) “commencing day” means the day on which this Act comes into force; \r\n \r\n(b) “Government company'' means a company directly or indirectly owned or \r\ncontrolled by the Federal Government in which the Esso undertakings are \r\nvested by notification under sub-section (1) of section 5; \r\n \r\n(c) “Esso” means Esso Eastern Inc., incorporated under the laws of the State \r\nof Delaware in the United States of America, having its principal office at \r\n2401 South Gessner, City of Houston, State of Texas, in the United \r\nStates of America, and having a branch in Pakistan; \r\n \r\n(d) “Esso undertakings” means the business in Pakistan of Esso of purchasing, \r\nstoring, distributing, blending, marketing and selling of refined petroleum \r\nproducts, of lubricants and of chemical products, and includes— \r\n \r\n \r\n1For Statement of Objects and Reasons, see Gaz., of P., 1976, Ext., Pt. Ill, p. 1218. \r\n \r\nPage 4 of 13 \r\n \r\n (i) all assets, rights, powers, authorities and privileges and all \r\nproperty, mov able and immovable, book -debts, cash b alances, \r\nreserves, provisions and investments pertaining to such business, and \r\nall other rights and int erests in or arising out of su ch property, in \r\nPakistan, as were, imm ediately b efore the commencing day, in the \r\nownership, possession, power or control of Esso; \r\n \r\n(ii) all books of accounts, registers, records and all other documents \r\nof Whatever nature pertaining to such business in Pakistan, as were, \r\nimmediately before the commencing day, in the possession, power or \r\ncontrol of Esso; \r\n \r\n(iii) all debts, liabilities and obligations of whatever kind in Pakistan \r\npertaining to such business, as were immediately b efore the \r\ncommencing day, subsisting against Esso; \r\n \r\n(iv) all liabilities and entitlements of Esso undertakings for amounts \r\npayable to and recoverable from any other businesses or undertakings \r\nof Esso in Pakistan which, immediately before the commencing \r\nday, were subsisting on the basis of moneys pertaining to or arising \r\nout of any other businesses or undertakings of Esso in Pakistan which \r\nwere utilized for the purposes of Esso undertakings being t reated as \r\nliabilities and moneys pertaining to or arising out of Esso undertakings \r\nwhich were utili zed for the purposes of any oth er businesses or \r\nundertakings of Esso in Pakistan being treated as entitlements; \r\n \r\n(v) all liabilities and entitlements of the Esso branch in Pakistan for \r\namounts payable to and receivable from the principal office of Esso in \r\nthe Unit ed States of America which, immediately b efore the \r\ncommencing day, were subsisting on account of products and services \r\npertaining to Esso undertakings; \r\n \r\n(vi) all liabilities and obligations of Esso for the payment of pensions to \r\nsuch of its former employees, or th eir personal representatives, who \r\nwere, immediately b efore the commencing day, entitled to receive \r\npensions on account of the past service of such former employees with \r\nEsso in Pakistan; \r\n \r\n(vii) all contracts and agreements pertaining to Esso undertakings, including \r\nthe Sale and Purchase Agreement dated the first day of January, 1976, \r\nbetween Pakistan Refinery and Esso and the Agreements between \r\nBurmah Shell Oil Storage and Distributing Company of Pakistan \r\nLimited, Standard-Vacuum Oil Company and Caltex Oil (Pakistan) \r\nLimited relating to the Joint Hydrant System at the Karachi Airport; \r\n \r\n(viii) the profit or loss arising out of any Esso undertakings during the period \r\nbetween the first day of January, 1976, and the close of business on the \r\nday immediately preceding the commencing day; \r\n \r\n \r\nPage 5 of 13 \r\n \r\n(ix) all liabilities of Esso for taxes and surcharges thereon leviable on or in \r\nrelation to the income, profits or gains of Esso arising out of any Esso \r\nundertakings up to and inclusive of the year of account ending t he \r\nthirty-first day of December, 1975; \r\n \r\n(x) all entitlements of Esso to credit or refund of taxes or any payments \r\nmade for or in respect of any assessment or liability under the Income- \r\ntax Act, 1922 (XI of 1922), relating to any income, profits or gains of \r\nEsso arising out of any Esso undertakings up to and inclusive of the \r\nyear of account ending the thirty-first day of December, 1975; \r\n \r\n but does not include— \r\n \r\n (1) the business of Esso in Pakistan relating to natural gas and crude oil; \r\n \r\n (2) the corporate name, trading styles and trade and service names, marks and oth er \r\ninsignia used by Esso, any trade marks registered by Esso in Pakistan, or any right of Esso to use \r\nany trade mark registered in Pakistan by Exxon Corporation, a corporation incorporated in the State \r\nof New Jersey, United States of America, and having its principal office in New York, State of New \r\nYork, United States of America; \r\n \r\n (3) any patent or design registered in Pakistan in the name of Esso or any affiliate of Esso; \r\n \r\n (4) any confidential and proprietary in formation and material or information and m aterial \r\npertaining to trade secrets belonging to Esso or procured by Esso for use in connection with Esso \r\nundertaking; \r\n \r\n (5) the business and any assets of Esso situated in the territories which immediately \r\nbefore the sixteenth day of December, 1971, constituted the Province of East Pakistan, and any \r\nclaims by or against Esso and any receivables and payables of Esso pertaining to any business at any \r\ntime carried on by Esso in such territories; \r\n \r\n (6) the Agreement dated the fifteenth day of September, 1976, between the President \r\nof Pakistan and Esso; \r\n \r\n (7) the policies of insurance issued in Pakistan by New Hampshire Insurance Company \r\nof Manchester, New Hampshire, U.S.A., in favour of Esso; \r\n \r\n (8) the benefits of any policies of insurance available to Esso in connection with the supply \r\nin Pakistan of aviation fuels and lubricants to international airlines; or \r\n \r\n (9) any contracts entered into by Esso for the delivery of aviation fuels and lubricants \r\noutside Pakistan to aircraft operated by the Pakistan International Airlines Corporation; \r\n \r\n(e) “Pak-Stanvac Petroleum Project” means the joint exploration and production \r\narrangements created by the Memorandum of Agreement between Esso under \r\nits former name of Standard-Vaccum Oil Company and the Governor-General \r\nof Pakistan, dated the 24th September, 1954, as amended; and \r\n \r\n \r\nPage 6 of 13 \r\n \r\n(f) “Pakistan Refinery” means Pakistan Refinery Limited, a company \r\nincorporated in Pakistan under the Companies Act, 1913 (VII of 1913) and \r\nhaving its registered office at Korangi Creek Road, Karachi. \r\n \r\n 3. Act to override other laws.— This Act shall have effect notwithstanding anything \r\ncontained in any other law for the time being in force or in any instrument having effect by virtue of \r\nany l aw other than this Act and notwithstanding any decree or order of any court, t ribunal, \r\ncommission or other authority. \r\n \r\n 4. Vesting of Esso undertakings.—(1) As from the commencing day, the Esso \r\nundertakings, and all rights, titles and interests therein, shall stand transferred to and vest in the \r\nFederal Government. \r\n \r\n (2) All deeds, bonds, contracts, agreements, powers-of-attorney, grants of legal representation \r\nand other instruments of whatever nature in relation to Esso undertaking subsisting and having \r\neffect immediately before the commencing day to which Esso is a party or whi ch are in favour of \r\nEsso shall be of full force and effect against or in favour of t he Federal Government and may be \r\nenforced and acted upon as fully and effectively as if references in such deeds, bonds, contracts, \r\nagreements, powers, grants and instruments to Esso were references to the Federal Government. \r\n \r\n (3) All suits, appeals and other legal proceedings instituted by or against Esso for the \r\npurpose of, or in relation to, Esso undertakings, and pending immediately before the commencing \r\nday, shall be deemed to be suits, appeals and legal proceedings by or against the Federal \r\nGovernment and the same shall not abate, be discontinued or be in any way prejudicially affected by \r\nreason of the vesting of Esso undertakings, or of anything contained in this Act, but the su it, \r\nappeal or other proceeding may be continued, prosecuted and enforced by or against the Federal \r\nGovernment. \r\n \r\n (4) where any property is held by Esso for the purpose of or in relation to Esso undertakings \r\nunder any lease or licence or under any right of tenancy or occupancy, the Federal Government shall \r\nbe deemed to have become the lessee, licencee, occupant or tenant, as the case may be, in respect of \r\nsuch property as if the lease, licencee, right of occupancy or t enancy had been granted to the \r\nFederal Government and thereupon all rights under such l ease, licence, occupancy or tenancy, \r\nincluding any right of renewal thereof, shall be deemed to have vested in the Federal Government. \r\n \r\n (5) The profit or loss arising during the period between the first day of January, 1976, until \r\nthe close of business on the day immediately preceding the commencing day out of any business \r\ncomprised in Esso undertakings shall be deemed to be the profit or loss of the Federal \r\nGovernment and such profit or loss shall not be treated as accruing or arising or as h aving been \r\nreceived, whether actually or nationally, by Esso for any pu rpose including, the computation of \r\nEsso's taxable income for the year 1976 or any other period for purposes of assessment of taxes and \r\nsurcharges thereon levied on or in relation to income, profits or gains. \r\n \r\n 5. Vesting in a Government company.—(1) The Federal Government may, by notification \r\nin the o fficial Gazette, direct that the Esso undertakings shall stand transferred to and vest in the \r\nGovernment company on such day, not being a day earlier than the commencing day, as m ay be \r\nspecified in the notification. \r\n \r\n \r\nPage 7 of 13 \r\n \r\n (2) Where Esso undertakings vest in the Government company un der sub-section (1), the \r\nGovernment company shall, on and from the day of such vesting, be deemed to have become the \r\nowner, tenant, occupant, lessee or licence, as the case may be, in relation to Esso undertakings, and \r\nall the rights and liabilities of the Federal Government in relation to Esso undertakings shall, on and \r\nfrom the day of such vesting, be deemed to have become the rights and liabilities, respectively, of the \r\nGovernment company. \r\n \r\n (3) Where Esso undertakings vest in the Government company, under sub-section (1), all \r\nofficers and employees transferred to the Federal Government under sub-section (1) of section 10 \r\nshall, on and from the day of such vesting, stand transferred to the Government company, and the \r\nprovisions of sub-sections (2), (3), (4) and (5) of section 4, sections 6 and 7, sub-section (5) of \r\nsection 10 and sections 11, 12, 13, 15 and 17 shall apply to the Government company as they apply \r\nto the Federal Government and, in the application of the s aid sections for the purposes of this \r\nsection, a reference to the Federal Government shall be construed as a reference to the Government \r\ncompany. \r\n \r\n 6. Contracts.—(1) Every contract referred to in sub-clause (vii) of clause (d) of \r\nsection 2 and entered into by Esso for any service, sale or supply in Pakistan or abroad and in force \r\nimmediately before the commencing day shall, unless terminated under sub-section (2) within one \r\nyear from the commencing day, continue to be of full force and effect against or in favour of the \r\nFederal Government. \r\n \r\n (2) The Federal Government may, if it is satisfied that any contract referred to in sub-section \r\n(1) is unduly on erous or is detrimental to the interests of the Federal Government, by o rder in \r\nwriting, either terminate such contract or make such alterations or modifications th erein as it may \r\nthink fit: \r\n \r\n Provided that the Federal Government shall not terminate any contract or make any \r\nalteration or modification therein except after giving to the parties to the contract a reasonable \r\nopportunity of being heard and except after recording its reasons for such termination, \r\nalteration or modification, as the case may be. \r\n \r\n 7. Lease.— On the expiry of the term of any lease, licence or tenancy referred to in sub-\r\nsection (4) of section 4, such lease, licence or tenancy s hall, if so desired by the Federal \r\nGovernment, be renewed on the s ame terms and conditions on whi ch the lease, licence or t enancy \r\nwas held by Esso immediately before the commencing day. \r\n \r\n 8. Re-organization of Government company.—(1) If the Esso undertakings are vested in a \r\nGovernment company und er sub-section (1) of section 5, the Federal Government may direct the \r\nBoard of Management constituted under the Marketing of Petroleum Products (Federal Control) Act, \r\n1974 (XVII of 1974), to draw up a p lan for the re-organization of the company with a view to \r\nincreasing its efficiency and rationalising its operations, hereafter in this section referred to as the re-\r\norganization plan. \r\n \r\n (2) The re-organization plan may i nclude provision for amalgamation of the Gov ernment \r\ncompany with any one or more managed companies under the Marketing of Petroleum Products \r\n(Federal Control) Act, 1974 (XVII of 1974), and may provide for a scheme for the re-construction \r\nof the Government company or such company or companies or amalgamation of the Government \r\ncompany with any one or more such company or companies and such scheme may provide for \r\n \r\nPage 8 of 13 \r\n \r\nall or any of the matters contained in section 153 or section 153B of the Companies Act, 1913 \r\n(VII of 1913), or for alteration of share capital or loan structure and alteration of existing, or \r\nadoption of fresh, memorandum or articles of association of such companies. \r\n \r\n (3) The re-organization plan shall be submitted to the Federal Government for \r\napproval and shall be simultaneously published in the official Gazette accompanied by a certified \r\nstatement showing the value of the holdings of the shares of the Federal Government in the \r\ncompanies covered by the plan on the date of the submission of the plan, and, from the date of such \r\nsubmission, dealings in shares of the companies covered by the plan in any of the stock \r\nexchanges shall remain suspended until the Federal Government has approved the re-organization \r\nplan. \r\n \r\n (4) The re-organization plan shall be implemented and shall take effect in such \r\nmanner and at such time and with such modification as may be approved by the Federal \r\nGovernment. \r\n \r\n 9. Payment.—The Federal Government shall pay Esso for Esso undertakings on the \r\ncommencing day the sum set forth in the Agreement dated the fifteenth day of September, 1976, \r\nbetween the President of Pakistan and Esso, and such payment shall be made in the currencies \r\nand in the manner provided in the said Agreement. \r\n \r\n 10. Provisions relating to officers and other employees of Esso undertakings.— (1) \r\nExcept as otherwise agreed between the Federal Government and Esso, every whole time officer or \r\nother employee of Esso who was, immediately before the commencing day, employed by Esso in \r\nPakistan in connection with Esso undertakings, and every such whole time officer or other employee \r\nof Esso in Pakistan who was, immediately b efore the commencing day, temporarily holding any \r\nassignment outside Pakistan, shall, on the commencing day, become an officer or other employee, as \r\nthe case may be, of the Federal Government and shall hold office on the same terms and conditions \r\nand with the same rights to pension, gratuity and other matters as would have been admissible to \r\nhim if this Act had not come into force and shall continue to do so unless and until his \r\nemployment by the Federal Government is terminated or until his remuneration and conditions of \r\nservice are altered by the Federal Government. \r\n \r\n (2) Any officer or employee who becomes an officer or employee of the Government \r\ncompany under sub-section (3) of section 5 may be transferred by the Federal Government to any \r\nother corporation, company or industrial unit controlled by it, and shall hold office therein on \r\nsuch terms and conditions as are not less favourable than those to which he was entitled immediately \r\nbefore such transfer. \r\n \r\n (3) Any officer or employee who becomes an officer or employee of the Government \r\ncompany under sub-section (3) of section 5 or is transferred under sub-section (2) shall not be \r\nentitled to any compensation or to the designation which he was holding immediately before the \r\ncommencing day or on the date of such transfer, as the case may be, and no claim for su ch \r\ncompensation or designation shall be entertained by any court, tribunal or other authority. \r\n \r\n (4) Notwithstanding anything contained in any agreement or any law for the time being \r\nin force, and notwithstanding any decree, order, award or direction of any court, tribunal, arbitrator, \r\ncommission or other authority, the transfer of the services of any officer or other employee under \r\nsub-section (1) shall not entitle any such officer or other employee to any payment, whether by \r\n \r\nPage 9 of 13 \r\n \r\nway of separation benefits, compensation, gratuity or otherwise, by reason only of his ceasing to \r\nbe an employee of Esso, and no proceedings for the declaration, recognition, quantification or \r\nenforcement of any such entitlement or payment, whether filed before, on or after the commencing \r\nday, shall be adjudicated upon or otherwise entertained by any court, tribunal, arbitrator, commission \r\nor other authority. \r\n \r\n (5) Where any officers or employees have become o fficers or employees of the \r\nFederal Government under sub-section (1), the Federal Government may, for the purpose of \r\nrationalising the pay scales of such officers or employees or for any other good and adequate reason, \r\nalter the terms and conditions of service of such officers or employees as to their remuneration in \r\nsuch manner as it thinks fit; and if the alteration thus made is not accepted in writing by the officer or \r\nemployee concerned within such period as may be specified, which p eriod shall not be less than \r\nthirty days, he shall be deemed to have resigned from service on the expiry of such period, and \r\nnotwithstanding anything contained in any other law, or in any agreement or in any decree, order, \r\naward, or directions of any Court, arbitrator, Commission or other authority, or in any conditions of \r\nservice, he shall only be entitled to benefits payable on resignation and not termination of \r\nemployment. \r\n \r\n (6) Where any q uestion arises as to whether any person was immediately before the \r\ncommencing day a permanent officer or other employee of Esso for the purpose of or in relation to \r\nEsso undertakings, the question shall be referred to the Federal Government whose decision thereon \r\nshall be final. \r\n \r\n 11. Provident Fund.—(1) The moneys and investments in the provident fund established by \r\nEsso for the benefit of the persons employed by it in Pakistan shall, on the commencing day, stand \r\ntransferred to and vest in the Federal Government free from any trust that may have been constituted \r\nby Esso in respect thereof, and the trustees of the provident fund shall, as from the commencing day, \r\nstand discharged from the trust, expect as respects thin gs done or omitted to be done before the \r\ncommencing day. \r\n \r\n (2) The Federal Government shall cause the firm of chartered accountants in Pakistan agreed \r\nwith Esso to determine as of the day immediately preceding the commencing day the contributions \r\nto the provident fund of such officers and other employees of Esso as are excepted under sub-section \r\n(1) of section 10 by agreement between the Federal Government and Esso and the contributions of \r\nEsso to the provident fund in respect of such officers and employees, and the interest due on all such \r\ncontributions, and within thirty days of the commencing day the Federal Government shall— \r\n \r\n(a) pay to the new trustees of the provident fund to be appointed by Esso the \r\namount of all such contributions and interest; and \r\n \r\n(b) pay and transfer the balance of the moneys and investment then remaining to \r\nthe trustees of the trust or trusts referred to in sub-section (3). \r\n \r\n (3) The Federal Government shall, as soon as may be after the commencing day, constitute, \r\nin respect of the balance of moneys and investments referred to in clause (b) of sub-section (2) \r\none or mo re trusts having such objects as in the circumstances may be p racticable so, \r\nhowever, that the rights and interests of the beneficiaries under the trust created by Esso are \r\nnot in any way prejudiced or diminished: \r\n \r\n \r\nPage 10 of 13 \r\n \r\n Provided that the Federal Government may not constitute any new trust if a suitable trust \r\nalready exists for the benefit of the officers and employees for whose benefit a trust is to be created \r\nand may transfer the balance of the said moneys and investments to the existing trust. \r\n \r\n (4) The Federal Government may, by order, vest in the trustees of the trust or trusts referred \r\nto in sub-section (3) all collateral securities assigned to the trustees of the provident fund mentioned \r\nin sub-section (1) by officers or employees whose services stand transferred to the Federal \r\nGovernment under subsection (1) of section 10. \r\n \r\n 12. Delivery of possession of vested property.—(1) Where any p roperty or other assets \r\nstand transferred to and vested in the Federal Government under this Act, every person in whose \r\npossession, custody or control any such property or assets (including books, documents, or other \r\npapers relating to Esso undertakings) may be, shall be liable to account for such property or \r\nassets and shall deliver the same to the Federal Government upon demand. \r\n \r\n (2) Without prejudice to the provisions of sub-section (1), the Federal Government may \r\ntake all such steps as may be necessary to take possession or assume control of the p roperties, \r\nassets, books, documents and other papers referred to in that sub-section. \r\n \r\n 13. Penalty. Any person who— \r\n \r\n(a) wrongfully obtains possession of, or retains, or having in his possession, \r\ncustody or control, wrongfully withholds, any property or other assets \r\ntransferred to and vested in the Federal Government under this Act; or \r\n \r\n(b) h aving in his possession, custody or control any book, register, document or \r\nother papers relating to Esso undertakings, wilfully withholds or fails to \r\nfurnish or deliver the same to the Federal Government, \r\n \r\nshall he punishable with imprisonment for a term which may extend to five years, or with fine \r\nwhich may extend to fifty-thousand rupees, or with both. \r\n \r\n 14. Offences by companies.— Where an offence under this Act has been committed by a \r\ncompany, every p erson who, at the time the offence was committed was in charge of, and w as \r\nresponsible to, the company for the conduct of its business, as well as the company, shall be deemed \r\nto be guilty of the offence and shall be liable to be proceeded against and punish ed \r\naccordingly: \r\n \r\n Provided that nothing contained in this section shall render any su ch person liable to any \r\npunishment, if he proves that the offence was committed without his knowledge or that he had \r\nexercised all due diligence to prevent the commission of such offence. \r\n \r\n 15. Protection of action taken in good faith.— No suit prosecution or other legal \r\nproceeding shall lie against the Federal Government or any person for anything which is in good \r\nfaith done or intended to be done under this Act. \r\n \r\n 16. Cognizance of offences.— Notwithstanding anything contained in the Code of Criminal \r\nProcedure, 1898 (Act V of 1898), no court shall take cognizance of any offence under this Act \r\nexcept on a complaint in writing made by or under the authority of the Federal Government. \r\n \r\nPage 11 of 13 \r\n \r\n \r\n 17. Savings.—(1) Nothing contained in this Act shall affect any undertaking or business of \r\nEsso in connection with the exploration of p etroleum, the p roduction, refining, t reating and \r\ntransportation of natural gas and crude oil, and the purchase, distribution, marketing and selling of \r\nnatural gas and crude oil. \r\n \r\n (2) In particular, and without prejudice to the generality of the provisions of sub- \r\nsection (1), nothing contained in this Act shall affect— \r\n \r\n(a) any share held by Esso in the equity capital of the Pakistan Refinery, or any \r\ndeed, bond, agreement other than the Agreements referred to in sub-clause \r\n(vii) of clause (d) of section 2, power-of-attorney, proxy, grant of legal \r\nrepresentation or other instrument of whatever nature pertaining to the \r\nPakistan Refinery, including specifically but without limitation the agreement \r\nentitled “Refinery Agreement” between the President of Pakistan, the Burmah \r\nOil Company Limited, California Texas Oil Corporation, the Shell Petroleum \r\nCompany Limited and Esso under its former name of Standard-Vacuum Oil \r\nCompany, as supplemented by the Refinery letter Agreements Nos. 1, 2 and 3 \r\nand by the Tanker Letter Agreement, all dated the 28th November, 1959, and \r\nby the Ministry of Industries and Natural Resources, Government of Pakistan, \r\nletter No. P-III-1 (49)61, d ated the 9th November, 1962, and the agreement \r\nbetween the Government of Pakistan and the parties to the Refinery \r\nAgreement, including the Pakistan Refinery, dated the 21st November, 1975; \r\n \r\n(b) any part of the interest held by Esso in the Pak-Stanvac Petroleum Project, in \r\nany licence or lease issued pursuant thereto or in any asset belonging to or \r\nheld for the benefit of the participants in the Pak-Stanvac Petroleum Project; \r\n \r\n(c) the assets identified in the s econd Schedule to the Ag reement referred to in \r\nsection 9; \r\n \r\n(d) any contracts, agreements, assets, rights, powers, authorities and privileges, or \r\nany property movable or immovable, book-debts, cash balances, reserves, \r\nprovisions or investments pertaining to any undertaking or business mentioned \r\nin sub-section (1), or any oth er rights and interest in or arising out of such \r\nproperty, as are in the ownership, possession, power or control of Esso; \r\n \r\n(e) any books of account, registers, records or any other documents of whatever \r\nnature pertaining to any undertaking or business mentioned in sub-section (1); \r\n \r\n(f) any liability of Esso for taxes and duties payable in relation to production, \r\nsale, import, export or other dealings pertaining to any undertaking or business \r\nmentioned in sub-section (1), or any entitlement of Esso to credit for or refund \r\nof payments made for or in respect of any such liability; \r\n \r\n(g) any liability of Esso for payment of annuities pensions, gratuities or other \r\nseparation benefits to such officers and employees of Esso as are excepted \r\nunder sub-section (1) of section 10 by agreement between the Federal \r\n \r\nPage 12 of 13 \r\n \r\nGovernment and Esso, or any liability or entitlement of Esso for sums payable \r\nto or receivable from such officers and employees; \r\n \r\n(h) any other liability, indebtedness or obligation of Esso of whatever kind \r\npertaining to any undertaking or business mentioned in sub-section (1); \r\n \r\n(i) the claim or entitlement, if any, of Esso to payment out of the moneys declared \r\nand paid to the Administrator under the Abandoned Properties and \r\nManagement Act, 1975 (XX of 1975) , by the trustees of the provident fund \r\nestablished by Esso for the benefit of its employees; \r\n \r\n(j) any suit, application or other legal proceeding instituted against Esso relating \r\nto the inland mechanically p ropelled vessel M.V Esso Ark registered in the \r\nterritories which immediately before the sixteenth day of December, 1971, \r\nconstituted the Province of East Pakistan; \r\n \r\n(k) any provisions or allocations of money made in the accounts of the Esso \r\nbranch in Pakistan for liabilities accrued or accruing in respect of any period \r\npreceding the commencing day on account of— \r\n \r\n(i) any liability indebtedness or obligations of the kind mentioned in \r\nclause (f), (g), or (h) or sub-clause (5) of clause (d) of section 2; or \r\n \r\n(ii) any profits arising from any undertakings or business mentioned in \r\nsub-section (1). \r\n \r\n (3) The payment of the amount determined in accordance with section 9 to Esso for Esso \r\nundertakings shall not release the Federal Government from payment to Esso, or release Esso from \r\npayment to the Federal Government, of the net amount of the accounts pertaining to Esso \r\nundertakings— \r\n \r\n(i) for sums payable to and receivable from the Esso branch in Pakistan from and \r\nto Esso abroad and Esso affiliates (that is Exxon Corporation or any company \r\nof which Exxon Corporation controls directly or indirectly, fifty per cent or \r\nmore of the voting shares) with respect to products and services; and \r\n \r\n(ii) for sums payable to and receivable from Esso undertakings from and to the \r\nother business and undertakings of Esso in Pakistan with respect to the \r\nmoneys pertaining to or arising out of the one being utilized for the purposes \r\nof the other. \r\n \r\n 18. Removal of doubts.—(1) For the removal of doubts, it is hereby d eclared that the \r\nprovisions of section 4 shall apply to the extent to which any property appertains to the Esso \r\nundertakings and to the rights, powers, debts, liabilities and obligations of Esso comprised in Esso \r\nundertakings referred to in clause (d) of section 2, and to contracts, agreements and oth er \r\ninstruments made by Esso in Pakistan in relation to Esso undertakings, and to legal p roceedings \r\nrelating to those matters pending in any court or tribunal in Pakistan. \r\n \r\n \r\nPage 13 of 13 \r\n \r\n (2) If any qu estion arises, otherwise than as between the Federal Government or the \r\nGovernment company and Esso or between Esso and any other persons, as to whether any property \r\nin Pakistan appertains, on the commencing day, to Esso undertakings, or whether any leases, \r\nlicences, rights, powers, debts, liabilities or obligations were vested under this Act or whether any \r\ncontract, agreement or other instrument was made by Esso for the purposes of Esso undertakings, or \r\nwhether any do cuments relate to those purposes, the question shall be referred to the Federal \r\nGovernment which shall, after giving an opportunity of being heard to the persons interested in the \r\nmatter, decide it in such manner as it may think fit. \r\n \r\n 19. Power to make rules.—The Federal Government may, by notification in the o fficial \r\nGazette, make rules for carrying out the purposes of this Act. \r\n \r\n 20. Power to remove difficulties.— If any difficulty arises in giving effect to the provisions \r\nor carrying out the purposes of this Act, the Federal Government may make such orders as it may \r\nconsider necessary to remove the difficulty: \r\n \r\n Provided that no such power shall be exercised after the expiry of one year from the \r\ncommencement of this Act. \r\n \r\n 21. [Repeal.]— Omitted by the Federal Laws (Revision and Declaration) Ordinance, \r\n1981 (XXVII of 1981), s. 3 and Sch., II. \r\ns \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 Uploaded on 19.12.2023", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:pk-code-a465e060564990f1:sha256:5763c1d9157da9603e7f42793036603efa86d4f85c51897c276facf49aa28d37:chars-0-1791:ea6ce7326a8ace65f65816e55dd66d8f2e5d0bd1bcf405e484b9f52e6d1677cd", "character_start": 0, "character_end": 1791, "utf8_byte_start": 0, "utf8_byte_end": 1795, "passage_sha256": "ea6ce7326a8ace65f65816e55dd66d8f2e5d0bd1bcf405e484b9f52e6d1677cd", "reader_fragment": "p-0-1791-ea6ce7326a8ace65" }, { "passage_id": 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