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  "title": "PUNJAB PREVENTION OF CONFLICT OF INTEREST ACT 2019",
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  "text": "THE PUNJAB PREVENTION OF CONFLICT OF \r\nINTEREST ACT 2019 \r\n(V OF 2019) \r\nCONTENTS \r\nCHAPTER-I \r\nPRELIMINIARY \r\n1. Short title, extent and commencement  \r\n2. Definitions \r\n \r\nCHAPTER-II \r\nPREVENTION OF CONFLICT OF INTEREST AND ETHICS COMMISSION \r\n3. Establishment of the Punjab Prevention of Conflict of Interest and Ethics \r\n Commission \r\n4. Meetings \r\n5. Validity of proceedings \r\n \r\nCHAPTER-III \r\nDUTIES OF A PUBLIC OFFICE HOLDER  \r\n6. Duty to recuse \r\n7. Summary statement \r\n \r\nCHAPTER-IV \r\nFUNCTIONS AND DUTIES OF THE COMMISSION  \r\n8. Annual review \r\n9. Compliance order \r\n10. Confidential advice and opinion \r\n11. Requests from citizen \r\n12. Report \r\n13. Powers in respect of reports \r\n14. Waiver or reduction of applicable period \r\n \r\nCHAPTER-V \r\nPUBLIC REGISTRY \r\n15. Publication through public registry \r\nCHAPTER-VI \r\nVIOLATIONS AND PENALTIES \r\n16. Violation \r\n17. Payment of penalty \r\n18. Representation to the Commission \r\n19. Failure to act \r\n20. Activities on behalf of the constituents \r\n21. Order and decision \r\nCHAPTER-VII \r\nMISCELLANEOUS \r\n22. Annual report \r\n23. Power to make rules \r\n24. Power to frame regulations \r\n25. Removal of difficulties \r\n \r\n \r\n \r\n \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB PREVENTION OF CONFLICT OF INTEREST ACT 2019  \r\n(V OF 2019) \r\n[March 1st, 2019] \r\n \r\nAn \r\nAct  \r\nto establish the Punjab Prevention of Conflict of Interest and Ethics Commission.  \r\nIt is necessary to establish principles of conflict of interest for public office \r\nholders and the related post -employment matters; to prevent and minimize the \r\npossibility of conflicts arising between the private interests and public duties of public \r\noffice holders; to provide for the resolution of those conflicts in the public interest \r\nshould they arise; to establish an independent Commission with the mandate to \r\ndetermine the measures necessary to avoid conflict of interest; to determine whether \r\na contravention of the Act has occurred; to encourage experienced and competent \r\npersons to seek and accept public office; to facilitate interchange between the \r\nprivate and public sector; and, not to deny equal opportunities to relatives of public \r\noffice holder, as the relatives cannot be barred from legal business activities, and, for \r\nmatters connected therewith and ancillary thereto; \r\nBe it enacted by Provincial Assembly of the Punjab as follows: \r\nCHAPTER-I \r\nPRELIMINIARY \r\n1. Short title, extent and commencement.− (1) This Act may  be cited as \r\nthe Punjab Prevention of Conflict of Interest Act 2019. \r\n (2) It shall extend to whole of the Punjab. \r\n(3) It shall come into force on such date as Government may, by \r\nnotification in the official Gazette specify and different d ates may be specified for \r\ncoming into force of different provisions of the Act.  \r\n2. Definitions.− In the Act:  \r\n(a) “Act” means the Punjab Prevention of Conflict of Interest Act 2019;  \r\n(b) “Assembly” means Provincial Assembly of the Punjab; \r\n(c) “asset” means and includes any movable and immovable property, \r\nmoney, securities, actionable claims, rights, interests, and any trusts in \r\nrespect of which a public office holder or a member of his family is a \r\nbeneficiary; \r\n(d) “Commission” means the Prevention of Confli ct of Interest and Ethics \r\nCommission, established under section 3 of the Act; \r\n(e) “conflict of interest” means any interest of a personal nature of a public \r\nofficer holder in a decision pertaining to an official matter which leads \r\n                                                 \r\n1This Act was passed by the Provincial Assembly of the Punjab on 20 February 2018; assented to by the Governor of the \r\nPunjab on 28 February 2019; and, was published in the Punjab Gazette (Extraordinary), dated: 01 March 2019, pp. 2037 – \r\n2043. \r\nto an unlawful financial benefit or an avoidance of liability to the public \r\noffice holder or his family; \r\n(f) “family” means the spouse, dependent children and dependent parents \r\nof the public office holder; \r\n(g) “Government” means Government of the Punjab; \r\n(h) “local government” means a local government as defined in the Punjab \r\nLocal Government Act 2013 (XVIII of 2013); \r\n(i) “notice of violation” means the notice of hearing served to a public \r\noffice holder under subsection (2) of section 19 of the Act; \r\n(j) “order or decision” includes  a report under section 12 and/or a \r\ndeclaration under section 19 of the Act;  \r\n(k) “prescribed” means prescribed by rules and/or regulations; \r\n(l) “prohibition” means a compliance measure to not to do a certain act in \r\norder to avoid conflict of interest; \r\n(m) “public office holder” includes: \r\n(i) Chief Minister Punjab, a Provincial Minister, an Advisor to the \r\nChief Minister, a Special Assistant to the Chief Minister, \r\nAdvocate-General Punjab including an Additional Advocate \r\nGeneral and Assistant Advocate General , a Political Secretary, \r\na Consultant to the Chief Minister and one who holds or has \r\nheld a post or office with the rank or status of a Provincial \r\nMinister; and \r\n(ii) Chief Secretary, an Additional Chief Secretary, an \r\nAdministrative Secretary and a Special Secretary to the \r\nGovernment; Head of an Authority, Agency, Commission or \r\nBoard constituted by law;  \r\n(n) “regulations” means the regulations framed under the Act; \r\n(o) “rules” means the rules made under the Act; and \r\n(p) “Selection Committee” means a Selection Committee constituted under \r\nthe Act for selection and recommendation of persons to be appointed \r\nas Chairperson and members of the Commission. \r\nCHAPTER-II \r\nPREVENTION OF CONFLICT OF INTEREST AND ETHICS COMMISSION \r\n \r\n3. Establishment of the Punjab Prevention of Conflict of Interest and \r\nEthics Commission.− (1) The Government shall, by notification in the official \r\nGazette, establish an independent Commission to be known as Punjab Prevention of \r\nConflict of Interest and Ethics Commission. \r\n(2) The Commission shall comprise a Chairperson and two members to \r\nbe appointed by the Government on the recommendation of Selection Committee.   \r\n(3) A person who shall be eligible to become a judge of the High Court \r\nshall be appointed as Chairperson of the Commission. \r\n(4) The members shall have the following qualification: \r\n(a) one member of the Commission shall be a retired civil servant in \r\nBPS-20 or above; and \r\n(b) the other member of the Commission shall be a person having \r\nexpertise and experience of not less than ten years in financial \r\nmanagement. \r\n(5) The Government shall constitute a Selection Committee comprising \r\ntwo members, one from the Treasury Benches to be nominated by the Speaker of \r\nthe Assembly and one from Opposition Benches to be nominated by the Leader of \r\nOpposition in the Assembly to select and recommend a pane l of three persons, each \r\nfor the post of Chairman and member of the Commission and member from the \r\nTreasury Benches shall be designated as Chairman of the Selection Committee, \r\nwho shall have a casting vote. \r\n(6) The Chairperson and the members of the Commis sion shall hold \r\noffice for a term of three years from the date on which they enter in office or until \r\nthey attain the age of sixty five years, whichever is earlier. \r\n(7) Upon completion of their term, the Chairperson and the members of \r\nthe Commission shall not be eligible for reappointment. \r\n(8) The Government may remove the Chairperson or members of the \r\nCommission before the expiry of their term on ground of misconduct or of being \r\nincapable of properly performing the duties of their office by reason of physi cal or \r\nmental incapacity: \r\nProvided that before removing the Chairperson or a member of the \r\nCommission, as the case may be, the Government shall give them an opportunity of \r\nbeing heard in person. \r\n(9) The Chairman and members of the Commission shall engage \r\nexclusively in the duties and functions of the Commission and shall not hold any \r\nother office of profit or engage in any other employment for reward. \r\n(10) On the terms and conditions as specified by the Commission so \r\ndetermined through regulations, the Comm ission may employ any officers and \r\nemployees and may engage the services of any agents, advisers and consultants \r\nthat the Commission considers necessary for the proper conduct of the work of the \r\nCommission. \r\n(11) Prior to each fiscal year, the Commission shall prepare an estimate of \r\nthe sums that shall be required to pay the charges and expenses of the Commission \r\nduring the coming fiscal year. \r\n (12)  The remuneration payable to the Chairperson and members of the \r\nCommission and administrative expenses of the office, including the remuneration \r\npayable to the staff shall be expenditure charged upon the Provincial Consolidated \r\nFund. \r\n4. Meetings.− (1) The Commission shall meet at least once in a month but the \r\nChairperson may, at any time, call a special meeting of the Commission. \r\n (2) The Commission shall conduct its meetings, take decisions and keep \r\nrecord of the proceedings of the meetings in such manner as may be prescribed, \r\nand until so prescribed, as may be determined by the Commission. \r\n (3) The Commission shall take decisions through simple majority. \r\n (4) The quorum for a meeting shall be two including the Chair person and \r\nin case of disagreement, the issue shall be placed before full Commission. \r\n5. Validity of proceedings.− No Act, proceeding, decision or order of the \r\nCommission shall be invalid only by reason of existence of a vacancy. \r\n \r\nCHAPTER-III \r\nDUTIES OF A PUBLIC OFFICE HOLDER  \r\n \r\n6. Duty to recuse.− A public office holder shall inform, in advance, the higher \r\nauthority in writing with reason along with the copy to the Commission and recu se \r\nhimself from any discussion, decision, debate or vote on any matter in respect of \r\nwhich he may be in a conflict of interest. \r\n7. Summary statement.− A public office holder shall, within o ne hundred and \r\ntwenty days after the date on which he is appointed, sign a summary statement, \r\ncontaining such information as may be prescribed by the Commission through \r\nregulation and provide it to the Commission. \r\n \r\nCHAPTER-IV \r\nFUNCTIONS AND DUTIES OF THE CO MMISSION \r\n8. Annual review.− The Commission shall review annually in relation to each \r\npublic office holder the information contained in his assets and interests, reports and \r\nthe measures taken to satisfy his obligations under the Act . \r\n9. Compliance order.− (1) The Commission may order a public office holder, in \r\nrespect of any matter, to take any compliance measure, including divestment or \r\nrecusal that the Commission deems necessary to comply with the Act.  \r\n(2) A compliance measure may be for a specific period of time to be called \r\nthe applicable period. \r\n10. Confidential advice and opinion.− (1) In addition to carrying out other duties \r\nand functions under the Act, the Commission shall: \r\n(a) provide confidential advice to the Chief Minister, with respect to the \r\napplication of the Act to individual public office holders; \r\n(b) provide confidenti al advice to individual public office holders with \r\nrespect to their obligations under the Act; and \r\n(c) issue opinions regarding the requirements of the Act and means to be \r\nadopted for compliance with its provisions: \r\nProvided that the confidential advice an d opinions referred to in this section \r\nshall not be exempted from disclosure to the Assembly. \r\n(2) When a public office holder acts in accordance with the advice of the \r\nCommission he shall not be guilty of a contravention of th e Act with respect to that \r\nmatter. \r\n11. Requests from citizen.− (1) Any citizen of Pakistan domiciled in Punjab who \r\nhas reasonable grounds to believe that a public office holder has contravened any of \r\nthe provisions of the Act, may, give an application to the Commission by providing \r\nhis complete address with a copy of computerized national identity card, and the \r\nCommission shall examine and dispose of the application in such manner as may be \r\nprescribed: \r\n Provided that anonymous applications shall not be entertained by the \r\nCommission. \r\n Provided further that the applicant shall record the substance of the alleged \r\ncontravention and the grounds for his application. \r\n \r\n (2) The Commission shall provide the public office holder an opportunity to \r\nhear and cross examine a person who has made an app lication under subsection \r\n(1). \r\n(3) The Commission may impose a penalty which may extend to rupees \r\nfive hundred thousand upon a person who makes a false, frivolous or vexatious \r\napplication under subsection (1). \r\n12. Report.− (1) The Commission, after due del iberation, shall set out in a report \r\nwhether a contravention of the Act has taken place or not.  \r\n(2) A report under this section may not be altered by anyone except in \r\naccordance with the Act.  \r\n(3)  A report under this section shall not be determinative of  the measures to \r\nbe taken as a result of the report. \r\n13. Powers in respect of reports.− The Commission shall have the powers to \r\nsummon witnesses and require them: \r\n(a) to give evidence orally or in writing on oath or, if they are persons \r\nentitled to affirm in civil matters, on affirmation; and \r\n(b) to produce any documents and things that th e Commission considers \r\nnecessary. \r\n14. Waiver or reduction of applicable period.− (1) On application by a public \r\noffice holder, the Commission may waive or reduce any applicable period under the \r\nAct. \r\n(2) In exercising discretion under subsection (1), the Co mmission shall \r\nconsider whether granting the waiver or reduction outweighs the public interest in \r\nmaintaining the prohibition. \r\n(3) In determining the public interest for the purposes of subsection (2), the \r\nCommission shall consider the following factors: \r\n(a) the circumstances under which the public office holder left his \r\noffice; \r\n(b) the general employment prospects of the public office holder; \r\n(c) the nature, and significance to Government, of information \r\npossessed by the public office holder by virtue of t hat office \r\nholder’s public office; \r\n(d) the facilitation of interchange between the private and public \r\nsector; \r\n(e) the degree to which the new employer might gain unfair \r\ncommercial advantage by hiring the public office holder; \r\n(f) the authority and influence possessed by the public office holder \r\nwhile in public office; and \r\n(g) the disposition of other cases. \r\n (4) The decision made by the Commission shall be communicated in \r\nwriting to the applicant referred to in subsection (1). \r\n (5) If the Commission has granted a waiver or reduction of limitation under \r\nthis section, the Commission shall publish the decision and its reasons in the public \r\nregistry maintained under section 15 of the Act. \r\n \r\nCHAPTER-V \r\nPUBLIC REGISTRY \r\n15. Publication through public registry.− (1) The Commission shall maintain a \r\nregistry consisting of the following documents for examination by the public: \r\n(a) summary statements made under section 7 of the Act; and \r\n(b) any other documents that the Commission considers appropriate. \r\n (2) If a public off ice holder has recused himself in respect of a matter and \r\na public declaration is made in respect of that recusal under section 6 of the Act, no \r\npublication of the declaration shall be made if the very fact of the recusal could \r\nreveal, directly or indirectly, any of the following: \r\n(i) any privileged information, so defined or provided under the \r\nQanun-e-Shahadat Order, 1984 (PO No. 10 of 1984);  \r\n(ii) special operational information within the meaning of secret, as \r\ndefined under the Official Secrets Act, 1923 (XIX of 1923);  \r\n(iii) information that is subject to any restriction on disclosure \r\ncreated by or under any other Act of the Assembly or the \r\nParliament; \r\n(iv) information that could reasonably be expected to cause injury to \r\ninternational relations, national  defense or national security, or \r\nto the detection, prevention or suppression of criminal, \r\nsubversive or hostile activities; \r\n(v) information that could reasonably be expected to cause injury to \r\nthe privacy rights of an individual;  \r\n(vi) information that could reasonably be expected to cause injury to \r\ncommercial interests of the Government. \r\nCHAPTER-VI \r\nVIOLATIONS AND PENALTIES \r\n16. Violation.− (1) A public office holder who contravenes or violates any \r\nprovision of th e Act, shall be liable to be publically declared to have committed a \r\nConflict of Interest. \r\n (2) A declaration by the Commission under subsection (1) shall be \r\ncommunicated to relev ant Authority for initiation of necessary disciplinary or penal \r\naction or both, as the case may be. \r\n (3) Notwithstanding proceedings under subsection (1) of this section or \r\notherwise, in case of non -compliance with respect to any obligatory declarations, o r \r\nomission to file statement, document or report where -ever required under the Act or \r\notherwise instructed by the Commission, the public office holder concerned shall \r\nalso be liable to monetary penalty which may extend to rupees five hundred \r\nthousand : \r\n Provided that imposition of penalty shall not be considered and shall not entail \r\ndisqualification of a public office holder. \r\n (4) Any contract made in violation of the provisions of the Act may be \r\ndeclared void and may be rescinded by the contracting governm ental agency within \r\none year of signing and execution of such contract, upon the recommendation of the \r\nCommission, and the Commission may, subject to reasonable justification, extend \r\nsuch time period for six months: \r\nProvided that the recommendations of the  Commission shall be binding and \r\nshall be given effect within thirty days of receipt of such recommendations: \r\nProvided further that in cases where a contract is invalidated, the contractor \r\nshall retain or receive only the reasonable value, with no incremen t for profit or \r\ncommission, of the property or service furnished prior to the date of receiving notice \r\nthat the contract has been rescinded: \r\nProvided further that in case the Commission finds that loss occasioned to the \r\nGovernment on account of Conflict of  Interest is of minimum nature, whereas the \r\nbenefit accruing to the Government from such transaction is of substantial value, the \r\nCommission may recommend that such contract may not be rescinded. \r\n17. Payment of penalty.− (1) Payment of a penalty imposed by  the Commission \r\nshall not absolve the public office holder from making such obligatory declaration or \r\nsubmitting such statement, document or report as required under th e Act or by the \r\nCommission. \r\n(2) Notwithstanding the payment of monetary penalty, the Com mission \r\nmay also proceed to issue public office holder a notice of violation in case of \r\npersistent non-compliance. \r\n(3) If the Commission imposes a penalty, it shall notify the public office \r\nholder of the penalty so imposed and such penalty shall thereafter  be deductible \r\nfrom any salary or remuneration, if any, payable to the public office holder upon the \r\norder made by the Commission to the public office holder’s employer or Assembly or \r\nlocal government, as the case may be, and where no salary is payable, th e penalty \r\nshall be recoverable as arrears of land revenue. \r\n18. Representation to the Commission.− (1) If the public office holder makes a \r\nrepresentation to the Commission in response to the notice of violation, the \r\nCommission shall decide, on a balance of probabilities, whether the public office \r\nholder committed the violation and if so, may impose t he penalty proposed, a lesser \r\npenalty or no penalty. \r\n (2) The Commission shall cause notice of any decision made under \r\nsubsection (1) to be served on the public office holder. \r\n19. Failure to act.− (1) The Commission may declare a public office holder to \r\nhave committed a violation if he does not make a representation in response to a \r\nnotice of violation. \r\n (2) In case the Commission finds any public office holder guilty of violation, \r\nit shall bring this fact to the notice of his employer, or to the notice of the Speaker or \r\nSecretariat of the local government in the case of members of the Assembly or local \r\ngovernment, respectively, who may initiate disciplinary, penal or other proceedings \r\nagainst such violator. \r\n20. Activities on behalf of the constituents.− (1)  Nothing in the Act prohibits a \r\nmember of the Assembly, who is a public office holder or, former public office holder \r\nfrom engaging in the activities that he normally carries out as a member of the \r\nAssembly.  \r\n(2) Nothing in the Act abrogates or dero gates from any of the privileges, \r\nimmunities and powers available otherwise to a member of the Assembly. \r\n21. Order and decision.− (1) An order or decision of the Commission shall be \r\nsubject to appeal in accordance with subsection (2). \r\n (2) Any person aggri eved by an order or decision under subsection (1), \r\nmay file an appeal, within thirty days of the communication of the order or decision \r\nbefore a Tribunal to be constituted by the Government through notification in the \r\nofficial Gazette.   \r\n (3) Composition o f the Tribunal and its procedure shall b e prescribed by \r\nthe Government. \r\nCHAPTER-VII \r\nMISCELLANEOUS \r\n22. Annual report.− The Commission shall, by 31 st December each year, \r\nprepare an annual report which shall include details of all of the functions it has \r\ncarried out and progress it has achieved in the relevant year under the Act and such \r\nReport shall be placed before the Assembly after approval of the Government. \r\n23. Power to make rules.− The Government may, by notification in the official \r\nGazette, make rules for carrying out the purposes of the Act. \r\n24. Power to frame regulations.− The Commission may frame regulations, no t \r\ninconsistent with the rules, for carrying out the purposes of the Act. \r\n25. Removal of difficulties.− If any difficulty arises in implementation of the Act, \r\nthe Government may pass such orders, not inconsistent with the Act to remove such \r\ndifficulty.",
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