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  "title": "Safeguard Measures Ordinance, 2002",
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  "text": "Page 1 of 21 \r\n \r\n \r\n  \r\n \r\n \r\n \r\nTHE SAFEGUARD MEASURES ORDINANCE, 2002   \r\n \r\n \r\n \r\n \r\n \r\n      CONTENTS \r\n       __________   \r\n \r\n1                 Short title, extent and commencement  \r\n2                 Definitions  \r\n3                 Application of safeguard measures  \r\n4                 Serious injury  \r\n5                 Threat of serious injury  \r\n6                 Factors other than increased imports  \r\n7                 Initiation of investigation  \r\n8                 Withdrawal of application before initiation  \r\n9                 Initiation of investigation  \r\n10               Notice of initiation of investigation  \r\n11               Participation of interested parties  \r\n12               Schedule for investigation  \r\n13               Conduct of investigation  \r\n14               Confidentiality   \r\n15               Information to participating interested parties  \r\n16               Written arguments and hearings  \r\n17               Reliance on information available  \r\n18               Application of provisional safeguard duty  \r\n19               Report of provisional determination  \r\n20               Notice of non­application of provisional safeguard duty  \r\n21               Decision to apply provisional safeguard duty by the Federal Government  \r\n22               Notification and consultations  \r\nUpdate Till 22.8.2022\r\nUpdated Till 23.8.2022\r\nUpdated Till 23Updated Till 23.8.2022\r\n \r\nPage 2 of 21 \r\n \r\n23               General principles governing application of definitive safeguard measure  \r\n24               Determination of serious injury or threat thereof  \r\n25               Decision by the Federal Government to apply definitive safeguard measure  \r\n26               Public notice of application of definitive safeguard measure  \r\n27               Notification and consultation  \r\n28               Form and application of definitive safeguard measure  \r\n29               Non­application of definitive safeguard measure to certain developing countries  \r\n30               Quota as definitive safeguard measure  \r\n31               Termination without application of safeguard measure  \r\n32               Duration of definitive safeguard measure  \r\n33               Progressive liberalisation  \r\n34               Review  \r\n35               Extension of definitive safeguard measure  \r\n36               Reapplication of a safeguard measure  \r\n37               Duties and fees to be held in non­lapseable personal ledger account  \r\n38               Power to make rules  \r\n39               O mitted  \r\n40               Omitted  \r\n41               Omitted \r\n \r\n42               Protection to persons prejudiced in employment because of \r\nassisting the commission  \r\n43               Appointment of advisers and consultants  \r\n44               Omitted  \r\n45               Removal of difficulties  \r\n46               Act to override other laws   \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n  \r\n\r\n \r\nPage 3 of 21 \r\n \r\n \r\n \r\n \r\n \r\n \r\nTHE SAFEGUARD MEASURES  ORDINANCE , 2002. \r\n \r\nORDINANCE NO. XXXI OF 2002 \r\n[20th July, 2022] \r\n \r\nAn Ordinance to provide for the imposition of Safeguard Measures  \r\n \r\nWHEREAS it is expedient to give effect in Pakistan to the provisions of Article XIX of the General \r\nAgreement on Tariffs and Trade, 1994, and to the Agreement on Safeguards to provide for the \r\nimposition of safeguard measures in accordance therewith, to provide a fr amework for investigation \r\nand determination of serious injury or threat of  serious injury caused by  products imported into \r\nPakistan and for matters ancillary thereto or connected therewith; \r\n \r\nAND WHEREAS the President is satisfied that circumstances exist which render it necessary to \r\ntake immediate action;  \r\n \r\nNOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of \r\nOctober, 1999, and the Provisional Constitution Order No. 1 of 1999, read with the Provisional \r\nConstitution Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the \r\nPresident of the Islamic Republic of Pakistan is pleased to make and promulgate the following \r\nOrdinance :⎯  \r\nPART I \r\nPRELIMINARY \r\n \r\n \r\n1. Short title, extent  and  commencement . ⎯ (1) This Ordinance may be called the \r\nSafeguard Measures Ordinance, 2002. \r\n(2) It extends to the whole of Pakistan.  \r\n(3) It shall come into force at once. \r\n \r\n \r\n2. Definitions.−In this Ordinance, unless there is anything repugnant in the subject or context,­ \r\n \r\n(a)  “Agreement on Safeguards” means the Agreement on Safeguards included in \r\nAnnex (1A) to the Final Act of the Results of the Uruguay Round concerning \r\nthe Implementation of Article XIX of the General Agreement on Tariffs \r\nand Trade, 1994; \r\n \r\n(b)   “Commission” means the  National Tariff Commission established under  \r\nthe National Tariff Commission Act, 1990 (VI of 1990); \r\n \r\n(c)  “Committee” means the Committee on Safeguards of the WTO established \r\npursuant to Article 13 of the Agreement on Safeguards; \r\n \r\n\r\n \r\nPage 4 of 21 \r\n \r\n(d)   “country” means any country or territory  whether  a  Member or not and    \r\nincludes a customs union or separate customs territory; \r\n \r\n(e)  “developing country” means a country categorized as such by the WTO; \r\n \r\n(f)  “domestic industry” means the producers as a whole of products which are like \r\nor directly competitive with the investigated product, operating within Pakistan \r\nor those producers operating within Pakistan whose collective output of like or \r\ndirectly competitive products constitutes a major proportion  of the total \r\nproduction of such products in Pakistan; \r\n \r\n(g)  “interested party” includes⎯ \r\n(i)  the exporter or foreign producer of an investigated product. \r\n(ii)  the importer of an investigated product; \r\n(iii)       trade or business associations a majority of the members of which \r\nare producers, exporters or importers of an investigated product; \r\n(iv)  the producer of a domestic like or directly competitive product in \r\nPakistan; \r\n(v)  trade  or  business associations  a  majority of  the  members  of  \r\nwhich produce  a domestic like or directly competitive product in \r\nPakistan; and \r\n(vi)  such other person or group of persons as the Commission may \r\nfrom time to time notify in the official Gazette; \r\n(h)   “investigated  product”  means  an  imported  product  subject  to  an  \r\ninvestigation,  as described in the public notice of initiation of an investigation \r\nreferred to in clause (b) of sub­section (1) of section 10; \r\n(i)  “investigation” means an investigation conducted under this Ordinance; \r\n(j)  “like product” means a product which is alike in all respects to an investigated  \r\nproduct or, in the absence of such a product, another product which, although \r\nnot alike in all respects, has  characteristics closely resembling those of  the \r\ninvestigated product; \r\n \r\n(k)  “Member” means a country which is a member of the WTO; \r\n \r\n(l)  “participating interested  parties” means those interested parties that have \r\nindicated their interest in participating in an investigation, to the Commission \r\nunder section 11; \r\n \r\n(m)  “prescribed” means prescribed by rules made under this Ordinance; \r\n \r\n(n)  “public notice” means a notice published in the official Gazette; \r\n \r\n(o)  “quota” means import quotas including tariff rate quotas; \r\n\r\n \r\nPage 5 of 21 \r\n \r\n \r\n(p)   “serious injury” means a  significant overall impairment in the  position of \r\na  domestic industry cau sed by increased imports, absolute or relative to \r\ndomestic production, of an investigated product; \r\n \r\n(q)  “threat of serious injury” means serious injury that is clearly imminent; and \r\n   \r\n(r)  “WTO” means the  World Trade  Organisation established pursuant to  the   \r\nMarrakesh Agreement concluded in Marrakesh, Morocco, on the 15th April, \r\n1994. \r\n \r\n____________ \r\nPART II \r\nSAFEGUARD MEASURES   \r\n3. Application of safeguard measures.  The Federal Government may, by notification in the \r\nofficial Gazette, apply a safeguard measure on an investigated product imported into Pakistan if, it has \r\nbeen determined by the Commission pursuant to an investigation conducted by it in accordance with \r\nthe provisions of this Ordinance that as a result of unforeseen developments and of the effect of W.T.O \r\nobligations assumed by Pakistan . the investigated product is being imported in such increased \r\nquantities absolute or relative to domestic production, an d under such conditions as to cause serious \r\ninjury or threat of serious injury to domestic industry producing like or directly competitive products. \r\n \r\n________________ \r\n \r\nPART III \r\n \r\nSERIOUS INJURY OR THREAT OF SERIOUS INJURY AND CAUSATION \r\n \r\n4. Serious injury.  A determination of serious injury or threat of serious injury shall be based \r\nupon an evaluation, by the Commission, of all relevant factors of an objective and quantifiable nature \r\nhaving a bearing on the situation of domestic  industry including, but not limited to, the following, \r\nnamely:⎯ \r\n \r\n(i)  the rate and amount of an increase in imports of an investigated product, in absolute \r\nterms and relative to domestic production of like or directly competitive products; \r\n \r\n(ii)  the share of domestic market taken by increased imports of an investigated product; \r\n \r\n(iii)  the impact of increased imports of an investigated product on domestic industry, as \r\nevidenced by relevant indicators including, but not limited to, production, productivity, \r\ncapacity utilisation, sales, market share, profits and losses, and employment; and \r\n \r\n(iv)  factors other than increased imports of an investigated product which at the same time \r\nare causing serious injury or threat of serious injury. \r\n \r\n5. Threat of serious injury. ⎯ (1) In determining threat of serious injury, the Commission \r\nshall in addition to the factors specified in section 4, evaluate the following, namely:⎯ \r\n\r\n \r\nPage 6 of 21 \r\n \r\n \r\n(i)  the actual and potential export capacity of the country of production or origin \r\nof an investigated products; \r\n \r\n(ii) any build­up of inventories of an investigated products in Pakistan and in the \r\ncountry of exportation; \r\n \r\n(iii) the probability that imports of an investigated product shall enter domestic \r\nmarket in increasing quantities; and \r\n \r\n(iv) any other factors deemed relevant by the Commission. \r\n \r\n6. Factors other than increased imports. When serious injury or threat of serious injury is \r\nbeing caused by factors other than increased imports of an investigated product, such injury shall not \r\nbe attributed to the increased imports. \r\n \r\n__________\r\n \r\nPART IV  \r\nINVESTIGATION \r\n \r\n7.  Initiation of investigation. ⎯(1) An investigation to determine serious injury or threat  \r\nof serious injury may be initiated by the Commission ⎯ \r\n \r\n (a)  upon receipt by the Commission of a written application for initiation of an \r\ninvestigation by or on behalf of domestic industry; or \r\n \r\n(b)  suo moto by the Commission where it is satisfied that there is sufficient \r\nevidence to justify the initiation of an investigation. \r\n \r\n(2) The application referred to in clause (a) of sub­section (1) shall⎯ \r\n \r\n(i)  be submitted to the Commission in such manner, number and form and with \r\nsuch fee as may be prescribed; and \r\n \r\n(ii)       include such information as may be prescribed. \r\n \r\n8. Withdrawal of application before initiation. An application received by the Commission \r\npursuant to clause (a) of sub­section (1) of section 7 may be withdrawn prior to initiation of an \r\ninvestigation by the Commission in which case it shall be considered not to have been made: \r\n \r\nProvided that upon such withdrawal of an application any fee paid along with the application \r\npursuant to clause (i) of sub­section (2) of section 7 shall stand forfeited in favour of the Commission. \r\n \r\n9. Initiation of investigation.⎯ (1) The Commission shall examine the accuracy and \r\nadequacy of the evidence given in an application received pursuant to clause (a) of sub­section (1) \r\nof section 7 in order to determine whether it is compliant with the requirements of sub­section (2) of \r\nsection 7 and, if so, whether there is sufficient evidence to justify initiation of an investigation. \r\n\r\n \r\nPage 7 of 21 \r\n \r\n \r\n  (2) An application received by the Commission pursuant to clause (a) of sub-section (1) of \r\nsection 7 shall be rejected if the Commission is satisfied that there is not sufficient evidence of \r\nserious injury or threat of serious injury to justify initiation of an investigation. \r\n \r\n(3) The Commission may seek additional information from an applicant submitting an \r\napplication pursuant to clause  (a) of subsection  (1) of section  7, before deciding whether to initiate \r\nan investigation and such information shall be provided by the applicant to the Commission within \r\nsuch time and in such manner as the Commission may direct. \r\n \r\n(4) When the Commission is satisfied that there is sufficient evidence of serious injury or threat \r\nof serious injury to justify the initiation of an investigation, it shall initiate an investigation. \r\n \r\n(5) Where the Commission does not consider it appropriate to initiate investigation, it shall \r\nnotify its decision  by a public notice of non­initiation of an investigation and such notice shall \r\ncontain such information as may be prescribed: \r\n \r\nProvided that the Commission may, if it deems fit, only publish a summary of the public \r\nnotice of non­initiation of an investigation in the official Gazette provided that a full text of \r\nsuch notice is promptly placed in the public file to be maintained by it pursuant to section 15. \r\n \r\n(6) The Commission shall decide whether or not to initiate an investigation within such time \r\nperiod as may be prescribed : \r\n \r\nProvided  that  different  time  periods may  be  prescribed  for  this  purpose depending \r\non  the complexity of the issues involved. \r\n \r\n10. Notice of initiation of  investigation. ⎯(1) Where the Commission has decided to initiate \r\nan investigation it shall ⎯ \r\n \r\n(a)  immediately notify the Federal Government of its decision and the Federal \r\nGovernment shall immediately notify  the Committee of such decision in \r\naccordance with any requirements established by a Committee therefor; and \r\n \r\n(b)  notify its decision by means of a public notice of initiation of an investigation. \r\n \r\n(2) The public notice of initiation of an investigation referred to in clause (b) of sub­section \r\n(1) shall be in such form and contain such information as may be prescribed and the initiation of \r\nan investigation shall be effective on the date on  which such notice is published  in the o fficial \r\nGazette: \r\n \r\nProvided that the Commission may, if it deems fit, only publish a summary of the public \r\nnotice of initiation of an investigation referred to in clause (b) of sub-section (1) in the official \r\nGazette provided that a full text of such notice is promptly placed in the public file to be \r\nmaintained by it pursuant to section 15. \r\n \r\n(3) The Commission shall promptly provide a copy of the full text of public notice of initiation \r\nof an investigation referred to in clause (b) of sub­section (1) the Federal Government. \r\n \r\n\r\n \r\nPage 8 of 21 \r\n \r\n11. Participation of interested parties.−(1) Any interested party desiring to participate in \r\nan investigation shall have a period of fifteen days from the date of initiation of the investigation \r\nto indicate to the Commission, in writing, of its interest in participating in the investigation: \r\n \r\nProvided that the Commission may, at its discretion, allow any interests party to indicate \r\nits interest in participating in an investigation after the expiry of the fifteen days time period, \r\nupon good cause shown. \r\n \r\n  (2) Subject to the requirement to protect confidential information pursuant to section 14 and \r\nupon payment  to  the  Commission of the  prescribed  fee,  the  Commission shall, after  initiation \r\nof an investigation, provide any interested party on application the full text of the application \r\nreceived by the Commission pursuant to clause (a) of sub­section (1) of section 7. \r\n \r\n12. Schedule for investigation.: ⎯(1) The Commission shall complete a n  investigation \r\nwithin four months from the date of its initiation \r\n \r\nProvided that the Commission may extend such four months period where it deems it \r\nnecessary for a further period not exceeding two months. \r\n \r\n(2) Where the application of a provisional measure is to be considered by the Commission, it \r\nshall reach its provisional determination no later than forty­five days, from the date of initiation \r\nof an investigation: \r\n \r\nProvided that  the  Commission may  extend  such  forty­five  days  period, where  it  \r\ndeems  it necessary, for a further period not exceeding fifteen days. \r\n \r\n13. Conduct of  investigation.⎯ (1) The Commission may seek from applicant submitting an \r\napplication pursuant to clause (a) of sub­section (1) of section 7 or any or all of the participating \r\ninterested parties, customs agents, inspection companies, forwarders, or any other enterprise or entity \r\nof the public or private sector, such data or information as it considers relevant or necessary for \r\nperformance of its functions under this Ordinance and such data or information shall be provided to \r\nthe Commission within such time period and in such manner as the Commission may direct. \r\n \r\n(2) The Commission may conduct on­the­spot investigations to verify or obtain further details \r\nconcerning the information provided: \r\n \r\nProvided that where such investigations are conducted, the Commission shall \r\nprepare a report describing the findings of the verification and, subject to the requirement \r\nto protect  confidential information  pursuant to section 14, a copy of such  report shall be \r\npromptly placed in the public file to be maintained by it pursuant to section 15. \r\n \r\n14. Confidentiality.−(1) Subject to sub­section (2), the Commission shall, during and after \r\nan investigation, keep confidential any information submitted to it and such information shall not \r\nbe disclosed without specific permission of the party submitting it. \r\n \r\n \r\n \r\n \r\n\r\n \r\nPage 9 of 21 \r\n \r\n \r\n(2) Information which is⎯ \r\n \r\n(a)   by nature confidential, because its disclosure shall be of significant competitive \r\nadvantage to a competitor, or because its disclosure would have a significantly adverse \r\neffect upon a person supplying the information, or  upon a person  from whom the \r\ninformation was acquired; \r\n \r\n(b)     determined by the Commission to be of a confidential nature for any other reason; or \r\n \r\n(c)  provided on a confidential basis by parties to an investigation, shall, upon good     \r\ncause shown, be treated as confidential by the Commission. \r\n \r\n(3) The following types of information shall be deemed to be by nature confidential, unless \r\nthe Commission determines that disclosure in a particular case would  neither be of  significant \r\ncompetitive advantage  to  a  competitor nor have  a  significantly adverse  effect  upon a  person \r\nsupplying the information or upon a person from whom such information was acquired, namely:⎯ \r\n \r\n(a)  business or  trade  secrets  concerning the  nature  of  a  product,  production processes, \r\noperations, production equipment, or machinery; \r\n \r\n(b)  information concerning the  financial condition  of  a  company which is not  \r\npublicly available; and \r\n \r\n(c) information concerning costs, identification of customers, sales, inventories, shipments, \r\nor amount or source of any income, profit, loss or expenditure related to manufacture \r\nand sale of a product. \r\n \r\n(4) Any party seeking any information to be kept confidential shall request for the same at \r\nthe time  the information is submitted, along with the reasons warranting  confidentiality. The \r\nCommission shall consider such requests  expeditiously and inform the  party  submitting the  \r\ninformation if it determines that the request for  keeping the information confidential is not  \r\nwarranted. \r\n \r\n(5) Any party submitting any information with the request to keep it confidential shall furnish \r\nnon­confidential summary of all such information. Such summary may take the form of ranges or \r\nindexation of figures provided in the confidential version or marked deletions in text or in such \r\nother form as the Commission may require: \r\n \r\nProvided that such non­confidential summary shall permit a reasonable understanding \r\nof the substance of the information submitted in confidence: \r\nProvided further that any deletion in text shall, unless otherwise allowed by the \r\nCommission, only relate to names of the buyer or supplier. \r\n (6) In exceptional circumstances, any party submitting confidential information may indicate \r\nthat much information is not susceptible of summary, in which case a statement of the reasons why \r\nsummarisation is not possible shall be provided.  If the Commission  concludes that the  \r\nnon­confidential summary provided fails to satisfy the requirements of sub­section (5), it may \r\ndetermine that the request for keeping the information confidential is not warranted. \r\n\r\n \r\nPage 10 of 21 \r\n \r\n \r\n(7)  If the Commission  finds that a request for keeping  the information confidential is not \r\nwarranted, and if the supplier of such information is unwilling to make the information public or \r\nto authorise the disclosure in generalised or summary form, the Commission shall disregard such \r\ninformation and return the same to the party submitting it. \r\n \r\n(8) Notwithstanding anything contained in this Ordinance or in any other law for the time being \r\nin force,  any confidential information received  or obtained, directly or indirectly, by the \r\nCommission pursuant  to  or  in  connection  with  an  investigation  shall  not  be  subject  to  \r\ndisclosure  by  the Commission to  any  Ministry,  Division, department,  agency  or  instrumentality  \r\nof  the  Federal Government or a Provincial Government without the prior permission of the party \r\nsubmitting such confidential Information, \r\n \r\n15. Information to participating interested parties.⎯(1) The Commission shall  \r\nestablish and maintain  a public file relating to each investigation or review pursuant to this \r\nOrdinance and such file shall contain such information as may be prescribed. \r\n \r\n(2) The public file to be maintained under sub­section (1) shall be available to any participating \r\ninterested party for examination and, upon payment of the prescribed fee to the Commission \r\nfor copying,  at the offices of t he Commission during such time se the Commission may notify, \r\nthroughout the course of an investigation or review under this Ordinance. \r\n \r\n16. Written arguments and hearings .⎯(1) D uring an investigation any participating \r\ninterested party may submit written a rguments to the Commission in  such form and manner and \r\nwithin such time period as may be prescribed. \r\n \r\n(2) During an investigation the Commission may hold a hearing at which participating \r\ninterested parties may present information and arguments orally, in accordance with such provisions \r\nas may be prescribed: \r\n \r\nProvided that such information and arguments shall be only taken into consideration by \r\nthe Commission if the same are confirmed in writing to the Commission. \r\n \r\n17. Reliance on information available.  If, at any time during an investigation, any \r\ninterested party⎯ \r\n(a)  refuses access to, or otherwise does not provide, necessary information within \r\nthe period of time as may be prescribed; or \r\n \r\n      (b)   otherwise significantly impedes the investigation, the Commission may        \r\nmake determinations under this Ordinance on the basis of the available \r\ninformation. \r\n \r\n \r\n \r\n \r\n \r\n______________ \r\n \r\n \r\n \r\n\r\n \r\nPage 11 of 21 \r\n \r\nPART V \r\nAPPLICATION OF PROVISIONAL SAFEGUARD DUTY \r\n18. Application of provisional safeguard duty.⎯(1)Subject to the provisions of this \r\nOrdinance, the  Federal Government may, by notification in the official Gazette, impose a \r\nprovisional safeguard duty on an investigated product where the commission determines that⎯ \r\n \r\n(a)   there are critical circumstances such that delay in taking action would cause damage \r\nwhich would be difficult to repair; and \r\n \r\n(b)  there is clear evidence of serious injury or threat of serious injury. \r\n(2) A provisional safeguard duty shall⎯ \r\n(a)  take the form of duty on an investigated product not exceeding the amount which the \r\nCommission considers adequate to prevent the occurrence of or facilitate recovery \r\nfrom serious injury or threat of serious injury, as recommended by the Commission \r\npursuant to clause (a) of sub­section (3) of section 19; \r\n \r\n(b)   be imposed in addition to any other duties levied on an investigated product under \r\nany other law for the time being in force; and \r\n \r\n(c)  be collected in the same manner as customs­duty under the Customs Act, 1969 (IV of \r\n1969). \r\n \r\n(3) A provisional safeguard duty shall be applied for a period not exceeding two hundred \r\ndays and may be suspended before its date of expiration if so determined by the Federal Government. \r\n \r\n19. Report  of provisional  determination.−(1) Immediately upon reaching a determination \r\nof the factors set forth in clauses (a) and (b) of sub­section (1) of section 18, the Commission \r\nshall prepare  a  report  of  provisional determination  containing  a  detailed  analysis of  the  \r\ninformation obtained in an investigation and setting forth the Commission's findings and reasoned \r\nconclusions on the existence of the factors set forth in clauses (a) and (b) of section 17 \r\n  (2) The Commission shall submit the report of provisional determination referred to in \r\nsub­section (1) to the Federal Government for its consideration. \r\n \r\n(3) Where the Commission has reached an affirmative determination of the existence of \r\nthe factors set forth in clauses (a) and (b) of sub­section (1) of section18, the report of provisional \r\ndetermination referred to in sub­section (1) shall also include the Commission's recommendation \r\nregarding⎯ \r\n \r\n(a) the amount of provisional safeguard duty the Commission considers adequate    \r\nto prevent occurrence of or facilitate recovery from serious injury or threat of \r\nserious injury ; and \r\n(b)  subject to the provisions of section 17, the duration of levy of the provisional \r\nsafeguard duty. \r\n \r\n\r\n \r\nPage 12 of 21 \r\n \r\n20. Notice of non­application of provisional safeguard duty.−(1) Where the Commission \r\nreaches a negative determination of the existence of the factors set forth in clauses (a) and (b) of sub­ \r\nsection (1) of section 18, it shall notify its decision by means of a public notice of non­application of \r\nprovisional safeguard duty and such notice shall contain such information as may be prescribed; \r\n \r\nProvided that the Commission may, if it deems fit, only publish a summary of the public notice \r\nof non­application of a provisional safeguard measure in the official Gazette provided that a full \r\ntext of such notice is promptly placed in the public file to be maintained pursuant to section 15. \r\n(2) The Commission shall promptly provide a copy of the full text of the notice of \r\nnon­application of  provisional safeguard  duty referred to in sub­section (1)  to the Federal \r\nGovernment. \r\n21. Decision to apply provisional safeguard duty by the Federal  Government.⎯ (1) \r\nWhere the report of provisional determination received by the Federal Government pursuant to \r\nsection 19 contains an affirmative determination of the existence of the factors set forth in clauses (a) \r\nand (b) of sub­section (1) of section 18, the Federal Government shall, no later than fifteen days \r\nafter the receipt of such report from the Commission, take a decision, affirmative or negative, \r\nregarding the imposition of  provisional  safeguard  duty  on  an  investigated  product,  taking  into  \r\naccount  the recommendations of the Commission set forth in the report of provisional determination. \r\n \r\n  (2) Immediately upon taking  an affirmative  decision regarding imposition of a provisional  \r\nsafeguard duty, the Federal Government shall notify its decision by means of a public notice of \r\napplication of a provisional safeguard duty: \r\n \r\nProvided that the Federal Government may, if it deems fit, only publish a summary of \r\nthe public notice of application of a provisional safeguard measure in official Gazette provided \r\nthat a full text of such notice shall be promptly  placed in the public file to be maintained \r\npursuant to section 15. \r\n \r\n(3) The public notice  of application of a provisional safeguard measure referred to in \r\nsub­section (1) shall contain such information as may be prescribed and a copy of the full text \r\nthereof shall be provided by the Federal Government to the Commission. \r\n \r\n22. Notification and consultations. ⎯ (1) Immediately upon receipt of the Commission's \r\nreport pursuant  to section 19,  the Federal Government  shall notify  the Committ ee of  the \r\nrecommendation in conformity with any requirements established by the Committee therefore. \r\n \r\n  (2) The Federal Government shall immediately engage in consultations, upon a request from \r\nany Member having a substantial interest as an exporter of an investigated product subject to the \r\nprovisional safeguard duty, in accordance with the requirements of the Agreement on Safeguards. \r\n \r\n \r\n___________________ \r\n \r\n                                                        \r\n \r\n \r\n \r\n\r\n \r\nPage 13 of 21 \r\n \r\nPART VI \r\n \r\nAPPLICATION OF DEFINITIVE SAFEGUARD MEASURES AND DETERMINATION \r\nREGARDING SERIOUS INJURY OR THREAT THEREOF \r\n \r\n \r\n23. General principles governing  application of definitive safeguard measure. ⎯(1) \r\nSubject to the  provisions of this Ordinance, the Federal Government may, by notification in the  \r\nofficial Gazette, impose  a definitive safeguard measure where the  Commission makes a final \r\naffirmative determination of the existence of serious injury or threat of serious injury. \r\n \r\n(2) The duration and level of any such measure shall be no more than is necessary to prevent \r\nor remedy serious injury and to facilitate adjustment. \r\n \r\n24. Determination of serious injury or  threat thereof. ⎯(1) The Commission shall \r\ndetermine the existence  of serious injury or threat of serious injury, in conformity with the \r\nprovisions of sections 4 and 5 and on the basis of objective evidence obtained in an investigation. \r\n \r\n(2) Immediately upon reaching its determination, whether  affirmative or negative, as to  \r\nthe existence of serious injury or threat of serious injury pursuant to sub-section (1), the Commission \r\nshall prepare a report of its final determination containing a detailed analysis of the information \r\nobtained in an investigation and setting forth the Commission's findings and reasoned conclusions \r\non all pertinent issues of fact and law including a demonstration of the relevance of the factors \r\nexamined by the Commission. \r\n \r\n(3) The Commission shall submit the report of its final determination referred to in sub­section \r\n(2) to the Federal Government for its consideration. \r\n \r\n(4) Where the Commission has reached an affirmative final determination of serious injury \r\nor threat of serious injury pursuant to sub­section (1), the Federal Government shall, immediately \r\nupon receipt of the report of final determination from the Commission, notify the Committee of \r\nsuch a ffirmative final determination in conformity with  any requirements established by the \r\nCommittee therefore. \r\n \r\n(5) Where the Commission has reached an affirmative final determination of serious injury \r\nor threat  of serious injury, its report of final determination referred  to in sub­section (2) shall \r\nalso include the  Commission's recommendation regarding the  form, level and duration of a  \r\ndefinitive safeguard measure: \r\n \r\nProvided that where the Commission recommends that a definitive safeguard measure \r\ntake the form of a quota on import of an investigated product, such recommendation shall \r\nbe consistent with the provisions of section 30. \r\n \r\n(6) Where the Commission has reached a negative final determination of serious injury or \r\nthreat of serious injury pursuant to sub­section (1), it shall notify its decision by means of a public \r\nnotice of negative final determination and  such notice shall include such  information as may be \r\nprescribed:  \r\n \r\nProvided that the Commission may, if it deems fit, only publish a summary of the \r\npublic notice of negative final determination in the official Gazette provided that a full text \r\nof such notice shall be promptly placed in the public file to be maintained pursuant  to section \r\n15. \r\n\r\n \r\nPage 14 of 21 \r\n \r\n \r\n(7) The Commission shall promptly provide a copy of the full text of the public notice of negative \r\nfinal determination referred to in sub­section (6) to the Federal Government. \r\n \r\n(8) Where the Commission has reached a negative final determination, the Federal \r\nGovernment shall, by notification in the official Gazette, within fifteen days of receipt of the public \r\nnotice of negative  final determination  referred to in sub-section (5), withdraw the provisional \r\nsafeguard duty, if any, imposed on an investigated product. \r\n \r\n (9) Where the Federal Government has withdrawn a provisional safeguard duty imposed on \r\nan investigated product pursuant to sub­section (8), the Commission shall promptly refund the \r\nactual amount collected as provisional safeguard duty on the investigated product, upon receipt of \r\na written application from the importer in question. \r\n \r\n(10) Where the Commission recommends that a definitive safeguard measure take the form of \r\na definitive safeguard duty, it shall⎯ \r\n \r\n(a)  specify the rate   of  definitive safeguard duty  the  Commission considers adequate  \r\nto prevent the occurrence of or facilitate recovery from serious injury or threat of \r\nserious Injury; and \r\n \r\n(b) subject to the provisions of section 32, the duration of levy of a definitive safeguard \r\nduty and  where the period so recommended is more than one year, recommend a \r\ntimetable for progressive  liberalisation adequate to facilitate positive adjustment of  \r\ndomestic industry. \r\n \r\n25. Decision by the Federal Government to apply definitive safeguard measure.  Where the \r\nreport of final determination received by the Federal Government pursuant to section 24, contains \r\nan affirmative determination of serious injury or threat of serious injury, the Federal Government \r\nshall, no later than thirty days after the receipt of such report from the Commission, take a \r\ndecision, affirmative or negative, regarding the imposition of a definitive safeguard measure on an \r\ninvestigated product, taking into account the recommendations of the Commission set forth in the \r\nreport of final determination. \r\n \r\n26. Public notice of application of definitive safeguard measure.⎯(1) Immediately upon \r\ntaking a decision regarding the imposition of a definitive safeguard measure, whether affirmative or \r\nnegative, the Federal Government shall notify its decision by means of a public notice of application \r\nof a definitive safeguard measure. \r\n \r\n(2) The public notice of application of a definitive safeguard measure referred to in sub­section \r\n(1) shall contain such information as may be prescribed and a copy thereof shall be provided by \r\nthe Federal Government to the Commission: \r\n \r\nProvided that where Federal Government has taken a decision not to impose a definitive \r\nsafeguard measure, the public notice of final determination referred to in sub­section (1) shall \r\nonly set forth the factual and legal basis for the decision: \r\n \r\nProvided further that the Federal Government may if it deems fit, only publish a summary \r\nof the public notice of final determination referred to in subsection (1) in the official Gazette \r\nprovided that a full text of such notice shall be promptly placed in the public file to be maintained \r\npursuant to section 15. \r\n\r\n \r\nPage 15 of 21 \r\n \r\n \r\n27. Notification and consultation.⎯(1) Immediately upon taking a decision to apply a \r\ndefinitive safeguard measure but before such measure comes into force, the Federal Government \r\nshall notify the  Committee  regarding the  evidence  of serious injury or threat  of serious injury,  \r\nthe  precise description of an investigated product, the form, level and duration of the proposed \r\nmeasure, the proposed date  of application of the measure, and, where applicable, the proposed \r\ntimetable for its progressive l iberalisation. Such notification shall conform to any requirements \r\nestablished by the Committee therefore. \r\n \r\n(2) Where the Federal Government proposes to apply a definitive safeguard measure it shall \r\nprovide adequate opportunity for prior consultations with those Members requesting consultations \r\nand having a substantial interest as exporters of an investigated product subject to the definitive \r\nsafeguard measure, with a view to, inter alia, reviewing the information notified to the Committee \r\nregarding the finding of serious injury or threat of serious injury and regarding the proposed measure, \r\nexchanging views about the measure, and reaching an understanding on ways to achieve the objective \r\nset forth in sub­section (3). \r\n \r\n(3) In applying a  definitive  safeguard measure,  the  Federal  Government shall endeavour \r\nto maintain a substantially equivalent level of concessions and other obligations to those existing \r\nunder the General Agreement on Tariffs and Trade, 1994, between Pakistan and the exporting \r\nMembers which would be affected by such measures. \r\n \r\n(4) For the purposes of maintaining a substantially equivalent level of concessions and other \r\nobligations as referred to in sub­section (3), agreement may be reached  with affected  Members, \r\nthrough the consultations referred to in sub-section (2), on any adequate means of trade \r\ncompensation for  the adverse e ffects of  a definitive safeguard  measure on  the trade of  those \r\nMembers. \r\n \r\n(5)  The  Federal  Government  shall  notify  the  Council  for  Trade  in  Goods  of  the  WTO \r\nimmediately, through the Committee, of the results of any consultations undertaken pursuant to this \r\nsection, including, where applicable, any compensation granted. \r\n \r\n28.  Form and application of definitive safeguard measure  .⎯ (1) A definitive safeguard  \r\nmeasure may take the form of either a definitive safeguard duty on an investigated product or a quota \r\non imports of the investigation product, as may be recommended by the Commission in its report of \r\nfinal determination referred to in sub­section (5) of section 24. \r\n \r\n (2) Subject to the provisions of section 29, a definitive safeguard measure shall be applied to \r\nall imports of an investigated product, irrespective of source, imported into Pakistan on or after the \r\ndate on which the measure comes into force. \r\n \r\n(3) Where a definitive safeguard measure takes the form of a definitive safeguard duty, such \r\nduty shall be⎯ \r\n \r\n(a)  in the form of duty on an investigated product not exceeding the amount which \r\nthe Commission considers adequate to prevent the occurrence of or facilitate recovery \r\nfrom serious injury or threat of serious injury, as recommended by the Commission \r\npursuant to clause (a) of sub-section (10) of section 24; \r\n \r\n\r\n \r\nPage 16 of 21 \r\n \r\n(b) imposed in addition to any other duties imposed on an investigated product under any \r\nlaw for the time being in force; and \r\n(c) collected in the same manner as customs­duty under the Customs Act. 1969 (IV of 1969). \r\n(4) Where a definitive safeguard measure is in the form of a quota on imports of an investigated \r\nproduct such measure shall be imposed and administered  by the Federal Government in­conformity \r\nwith the provisions of section 30 and taking into account the recommendations of the Commission \r\nset forth in the report of final determination. \r\n \r\n(5) Where a definitive safeguard duty imposed by the Federal Government is lower than the \r\namount collected as a provisional safeguard duty, the Commission shall upon receipt of a written \r\napplication from the importer in question refund the differential. \r\n \r\n29. Non­application of definitive safeguard measure  to certain  developing countries. \r\nNotwithstanding anything contained in this Ordinance a definitive safeguard measure shall not be \r\napplied to imports of an investigated product originating from a developing county Member as long \r\nas such imports account for no more than three percent of the total imports of the investigated \r\nproduct into Pakistan: \r\n \r\nProvided that if imports from developing country Members which individually account \r\nfor less than three per cent of imports of an investigated product into Pakistan, collectively \r\naccount for more than  nine per cent of imports of the investigated product into Pakistan, a \r\ndefinitive safeguard measure may be applied to such  imports from  those developing  country \r\nMembers. \r\n \r\n30. Quota  as definitive safeguard measure. ⎯ (1)  A definitive safeguard measure in the \r\nform of a quota on imports of an investigated product shall not reduce the quantity of those imports \r\nbelow the average level registered in the most recent three representative years for which statistics \r\nare available with the Commission. \r\n \r\n (2) Notwithstanding the provisions of sub­section (1), the Federal Government may, upon \r\nclear justification that a different level is necessary to prevent or remedy serious injury or threat of \r\nserious injury, apply a quota which reduces the quantity of imports of an investigated product below \r\nthe average  level  registered  in  the  most  recent  three  representative  years  for  which  statistics  \r\nare available. \r\n \r\n(3) If more than one country exports an investigated product to Pakistan, any quota on imports \r\nshall be  allocated  among supplying countries. The  Federal  Government shall attempt  to  reach \r\nagreement with those Members having a substantial interest in supplying the investigated product \r\nas to the allocation of shares of the total quota amount. \r\n \r\n(4) Where the Federal Government determines that the method set forth in sub-section (3) is \r\nnot reasonably practical for allocation of the quota, the Federal Government shall allocate the quota \r\namong countries having a substantial interest in supplying an investigated product:   \r\n \r\nProvided that  such allocation by the  Federal Government shall be  based  upon the  \r\nproportions, supplied by such countries during a previous three years representative period, of \r\nthe total quantity or value of the investigated product: \r\n \r\n\r\n \r\nPage 17 of 21 \r\n \r\nProvided further that in allocating the quota among supplying countries, the \r\nFederal Government shall take due account of any special factors which may have \r\naffected or may be affecting trade in the investigated product. \r\n \r\n(5) Notwithstanding the provisions of sub­sections (3) and (4), in a case in which serious \r\ninjury has been found, the Federal Government may allocate the quota among supplying countries \r\non a different basis , provided that  consultations  have  been  held  with  supplying Members under  \r\nthe auspices of the Committee, and a clear demonstration is provided to the Committee that⎯ \r\n \r\n(a) imports from certain countries have increased in disproportionate percentage in \r\nrelation to the total increase in imports of an investigated product during the \r\nrepresentative period; \r\n \r\n(b) the reasons for the departure from the methodology for quota allocation envisaged \r\nunder sub­sections (3) and (4) are justified; and \r\n \r\n(c) the conditions of such departure are equitable to all suppliers of an investigated \r\nproduct concerned. \r\n \r\n (6) Notwithstanding the provisions of section 34, a definitive safeguard measure in the form \r\nof a quota allocated on the alternative basis provided for in sub-section (5) shall not be extended \r\nbeyond the initial period of its application. \r\n \r\n31. Termination without application  of safeguard measure.  If at any point an \r\ninvestigation is terminated without the application of a definitive safeguard measure, the Federal \r\nGovernment shall immediately  notify  the  Committee,  in  conformity  with  any  requirements  \r\nestablished  by  the Committee therefore. \r\n \r\n32. Duration of definitive safeguard measure.  A definitive safeguard measure shall be \r\napplied for a period of no more than four years, including the period of application of any \r\nprovisional measure, unless it is extended as provided for in section 35: \r\n \r\nProvided that  the  total  duration  of  a  definitive safeguard measure,  including the  period \r\nof application of any provisional measure, the period of initial application, and any extension \r\nthereof pursuant to section 36, shall not exceed ten years. \r\n \r\n33. Progressive liberalisation.  A definitive safeguard measure  whose period of application \r\nexceeds  one  year  shall  be  progressively liberalised  at  regular  intervals  during  the  period  \r\nof application in accordance  with the  schedule  published in the  public notice  of application \r\nof a definitive safeguard measure referred to in section 26. \r\n \r\n \r\n____________ \r\n \r\n  \r\n\r\n \r\nPage 18 of 21 \r\n \r\n                PARTVII \r\nREVIEW OF DEFINITIVE SAFEGUARD \r\nMEASURES \r\n  \r\n34.  Review.⎯(1)  If  the  duration  of  a  definitive  safeguard measure,  including the  period  \r\nof application of any provisional safeguard duty, exceeds three years, not later than the mid­term of \r\nthe period of application of such measure, the Commission shall examine the situation, through a \r\nreview conducted in accordance with the procedures set forth in sections 10, 11, 12, 13, 14, 15, 16 \r\nand 17, mutatis mutandis, including a  review of the  effects  of the  definitive safeguard measure  \r\non the domestic industry concerned and of the domestic industry's progress in implementing its \r\nadjustment plan. \r\n \r\n(2) The results of review shall be set out by the Commission in a report in which it shall \r\nalso recommend whether to maintain or withdraw a definitive safeguard measure under review or \r\nto increase the pace of its liberalisation. \r\n \r\n(3) The report referred to in sub­section (2) shall be promptly provided by the Commission to \r\nthe Federal Government for its consideration. \r\n \r\n(4) The Federal Government shall, no later than thirty days of the receipt of a report under sub­ \r\nsection (3), notify its decision whether to maintain or withdraw a definitive safeguard measure under \r\nreview or to increase the pace of its liberalisation, by mea n of a public notice and the contents of \r\nsuch notice shall conform mutatis mutandis,  to the requirements for the public notice of the \r\napplication of a definitive safeguard measure referred to in section 26. \r\n \r\n (5) The Federal Government shall notify the results of review, including the withdrawal of \r\nany modification of a definitive safeguard measure, to the WTO Council for Trade in Goods, through \r\nthe Committee, in conformity with any requirements established by the Committee therefor. \r\n \r\n(6) Any review initiated pursuant to sub­section (1) shall be concluded by the Commission \r\nwithin a period not exceeding four months from the date of initiation, of such review: \r\n \r\nProvided that the Commission may where it deems necessary extend four months \r\nperiod by a further period not exceeding two months. \r\n \r\n                                                     ______________ \r\n \r\n                                                                                         PART VIII \r\nEXTENSION AND REAPPLICATION OF DEFINITIVE SAFEGUARD \r\nMEASURES \r\n \r\n35. Extension of definitive safeguard measure.⎯(1)  If domestic industry considers that \r\nthere is a continuing need to apply a definitive safeguard measure beyond its initial period of \r\napplication, it may, submit a written application to the Commission requesting extension of the \r\nmeasure, not later than four  months before the end  of the initial period  of application of  such \r\nmeasure. \r\n \r\n\r\n \r\nPage 19 of 21 \r\n \r\n(2) An application under sub­section (1) to the Commission shall include evidence that \r\ndomestic industry is carrying out its adjustment plan. \r\n \r\n(3) Upon receipt of an application under sub­section (1), the Commission shall conduct an \r\ninvestigation to determine whether an extension is warranted. \r\n \r\n(4)  For the purpose of an investigation  and determination pursuant to sub -section (3), the \r\nprocedures set forth in this Ordinance for applying an original definitive safeguard measure shall \r\nbe followed mutatis mutandis. \r\n \r\n(5) For the purpose of extension of a definitive safeguard measure, the procedures set forth in \r\nsections 25, 26, 27 and 28 shall be followed mutatis mutandis. \r\n \r\n(6) Notwithstanding anything contained in this Ordinance, the Federal Government may, by \r\nnotification in the official Gazette, extend a definitive safeguard measure only if the Commission \r\ndetermines through an investigation pursuant to sub­section (3) that the measure continues to be \r\nnecessary to offset the effects of serious injury or a threat of serious injury and that there is evidence \r\nthat the domestic industry is adjusting. \r\n \r\n (7) The Federal Government shall notify  its decision, whether affirmative or negative, \r\nregarding the extension of a definitive safeguard measure by means of a public notice of \r\nextension of a definitive safeguard measure or a public notice of non­extension of a definitive \r\nsafeguard measure, as the case may be, and the provisions of section 26 or sub­section (6) of section \r\n23 respectively shall, mutatis mutandis, apply to such notices. \r\n \r\n(8) Subject to the provisions of sub­section (6) of section 30, a definitive safeguard measure \r\nmay be extended for a period of not more than six years. \r\n \r\n(9) A definitive safeguard measure extended pursuant to this section shall not be more restrictive \r\nthan at the end of the initial period of its application and during the extension period such measure \r\nshall continue to be progressively liberalised in accordance with the schedule published in a notice \r\nof extension of a definitive safeguard measure referred to in sub­section (7). \r\n \r\n(10) In extending a definitive safeguard measure, the Federal Government shall endeavour to \r\nmaintain a substantially equivalent level of concessions and other obligations to those existing \r\nunder the General Agreement on Tariffs and Trade, 1994, between Pakistan and the exporting \r\nMembers which would be affected by such measure. \r\n \r\n(11) The requirements pertaining to notifications to the Committee and to the Council for \r\nTrade in Goods of the  WTO set forth in sections 10, 21, 24, 27, 29, 30, and 31, and the  \r\nrequirements pertaining to consultations with the exporting Members whose interests would be \r\naffected by the measure set forth in sections 22, 27 and 30 shall apply in full to any extension of a \r\nsafeguard measure by the Commission under this section. \r\n \r\n36. Reapplication of a safeguard measure.⎯(1)  No new safeguard measure shall be applied \r\nfor a period of at least two years to imports of a product which was the subject of a definitive \r\nsafeguard measure first applied after the 1st day of January, 1995. \r\n \r\n \r\n\r\n \r\nPage 20 of 21 \r\n \r\n(2) No safeguard measure shall be applied again to the imports of a product which has been \r\nsubject to such a measure, taken after the 1st day of January, 1995 unless a period equal to one­half \r\nof the duration of the earlier definitive safeguard measure on that product has elapsed and the period \r\nof non­application of a safeguard measure on such product is at least two years. \r\n \r\n(3) Notwithstanding the provisions  or sub­sections (1) and (2), a safeguard measure with \r\na duration of one hundred and eighty days or less may be applied to the imports of a product which \r\nwas the subject of an earlier safeguard measure if⎯ \r\n \r\n(a)  at least one year has elapsed since the date of imposition of the earlier safeguard \r\nmeasure on the imports of that product; and \r\n \r\n(b) a safeguard measure has not been applied on imports of the product more than twice \r\nin the five years period immediately preceding the date on which the new safeguard \r\nmeasure is to take effect.  \r\n                                            ___________ \r\n    PART IX \r\n                                                  MISCELLANEOUS \r\n \r\n37. Duties and fees to be held in non­lapseable personal  ledger account.⎯(1)  The  \r\nCommission shall establish and maintain a non­lapseable personal ledger account in its name for \r\nthe purposes of this Ordinance and all duties and fees collected pursuant to this Ordinance shall be \r\nheld in such account \r\n \r\n(2) The account to be established under sub­section (1) shall be maintained and operated in \r\nsuch manner as may be prescribed. \r\n \r\n38. Power to make rules. The Federal Government may, by notification in the official \r\nGazette, make rules for carrying out the purposes of this Ordinance. \r\n \r\n1[39. *  *  *  *  *  *  *] \r\n \r\n1[40. *  *  *  *  *  *  *] \r\n \r\n1[41. *  *  *  *  *  *  *] \r\n \r\n42. Protection to persons prejudiced in employment because of assisting the \r\nCommission.⎯(1) An employer shall not ⎯ \r\n \r\n(a) dismiss an employee, or prejudice an employee in his employment, because \r\nthe employee has assisted the Commission in connection with an \r\ninvestigation or inquiry under this Ordinance; or \r\n \r\n(b) dismiss or threaten to dismiss an employee, or prejudice or threaten to \r\nprejudice an employee in his employment, because the employee proposes to \r\nassist the Commission in connection with an investigation or inquiry under \r\nthis Ordinance.  \r\n \r\n1 Omitted by Act XV of 2015, s.2. \r\n\r\n \r\nPage 21 of 21 \r\n \r\n \r\n(2)  For the purposes of sub -section (1), a person shall be taken to assist the Commission in \r\nconnection with an inquiry if the person ⎯ \r\n \r\n(a)  gives information, whether orally or in writing, or gives documents, to  the \r\nCommission in connection with an inquiry or investigation under  this \r\nOrdinance; \r\n \r\n  (b)         gives evidence or produces documents, at an inquiry, investigation of hearing \r\nheld under this Ordinance. \r\n \r\n43. Appointment of advisers and consultants. ⎯(1) Su bject to subsection (2), the \r\nCommission ma y, employ  and pay consultants and agents, and technical, professional and other \r\nadvisers, including bankers, economists, actuaries, accountants, lawyers and other persons to do \r\nany act required to be done in the exercise of its powers, the performance of its functions or for \r\nthe better implementation of the purposes of this Ordinance. \r\n \r\n(2) The decision to employ and the terms and conditions of employment of external advisers \r\nand consultants pursuant to sub­section (1) shall be made by the Commission in accordance with \r\nsuch policy guidelines as may  be established  by the  Federal  Government , in  consultation  \r\nwith  the Commission, from time to time. \r\n \r\n1[44. *  *  *  *  *  *  *] \r\n \r\n45. Removal of difficulties. If any difficulties arise in giving effect to any of the provisions of \r\nthis Ordinance, the Federal Government may make such order, not inconsistent with the provisions \r\nof this Ordinance, as may appear to it to be necessary for the purpose of removing the difficulty: \r\n \r\nProvided that no such power shall be exercised after the expiry of two years from \r\nthe commencement of this Ordinance. \r\n \r\n1[46. Act to override other laws .⎯ The provisio ns of th is Act shall have effect \r\nnotwithstanding anything inconsistent therewith contained in any other law for the time being \r\nin force: \r\n \r\n Provided that this provision shall not apply to the National Tariff Commission Act, 1990 (VI \r\nof 1990).] \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\n1 Omitted and Subs. by Act XV of 2015, s.2-3.",
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