PUNJAB SMALL INDUSTRIES CORPORATION ACT, 1973
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THE PUNJAB SMALL INDUSTRIES CORPORATION ACT, 1973 (XV of 1973)
TEXT 1THE PUNJAB SMALL INDUSTRIES CORPORATION ACT, 1973 (XV of 1973) [13th August, 1973] An Act to provide for the establishment of a Small Industries Corporation in the Province of the Punjab. Preamble.– WHEREAS it is expedient to make provisions for the establishment of a Corporation to succeed to the business, projects, undertakings and properties of the defunct West Pakistan Small Industries Corporation to the extent such business, projects, undertakings and properties stand transferred to the Punjab Province on the dissolution of the West Pakistan Small Industries Corporation by the West Pakistan Small Industries Corporation (Dissolution) Ordinance, 1972, and for promoting the development of Industries in the Province of the Punjab with particular reference to small and cottage industries, and matters incidental and supplemental thereto;
It is hereby enacted as follows:–
CHAPTER I
PRELIMINARY
Section 1. Short title, extent and commencement
(1) This Act may be called the Punjab Small Industries Corporation Act, 1973.
(2) It extends to the whole of the Province of the Punjab.
(3) It shall come into force at once and shall be deemed to have taken effect on and from the day the Punjab Small Industries Corporation Ordinance, 1972 (Punjab Ordinance No. XVIII of 1972), ceased to operate in accordance with the provision of clause (2) of Article 135 of the Interim Constitution of the Islamic Republic of Pakistan.
Section 2. Definitions
In this Act, unless there is anything repugnant in the subject or context–
(a) “Board” means the Board of Members of the Corporation;
(b) “borrower” means any person or persons or body of persons whether incorporated or not, to whom a loan is given by the Corporation or by a scheduled Bank on the guarantee of the Corporation under this Act and includes the successors and assignees of such person or persons or body of persons;
1This Act was passed by the Punjab Assembly on 13th July, 1973; assented to by the Governor of the Punjab on 12th August, 1973; and, published in the Punjab Gazette (Extraordinary), dated 13th August, 1973, pages 1216-A to 1216-Q.
(c) “Corporation” means the Punjab Small Industries Corporation established under this Act;
(d) “cottage industry” means an industry which is carried on wholly or primarily with the help of the members of the family as a whole time or part time occupation;
(e) “Managing Director” means the Managing Director of the Corporation;
(f) “Government” means the Government of the Punjab;
(g) “Member” means a Member of the Board and includes its Chairman;
(h) “other industry” means any industry, other than cottage or small industry, approved by the Government and set up or established in a small industries estate;
(i) “prescribed” means prescribed by the rules;
(j) “regulations” means regulations made under this Act;
(k) “rules” means rules made under this Act;
(l) “Scheduled Bank” means a bank for the time being included in the list of banks maintained under sub-section (1) of section 37 of the State Bank of Pakistan Act, 1956;
2[(m) “Small Industry” means an industry engaged in the handicraft or manufacture of consumer or producer goods, the value of the total fixed assets whereof (excluding land & building) does not exceed rupees fifty lacs.]
(n) “small industries estate” means an estate established and or managed by the Corporation to provide land and facilities for the establishment and development of small, cottage and other industries;
(o) “specified” means specified by regulations; and
(p) “State Bank” means the State Bank of Pakistan.
CHAPTER II
CONSTITUTION OF THE CORPORATION
Section 3. Constitution of the Corporation
(1) As soon as may be after the commencement of this Act, there shall be established a Corporation to be known as “The Punjab Small Industries Corporation.”
(2) The Corporation shall be a body corporate, shall have the power to acquire and hold property, both movable and immovable, subject to the provisions of this Act and shall have perpetual succession and a common seal and shall by the said name sue and be sued.
(3) The Head Office of the Corporation shall be in Lahore.
2Substituted by the Punjab Small Industries Corporation (Amendment) Ordinance, 1983 (VIII of 1983); and published in the Punjab Gazette (Extraordinary) dated 13.4.1983, pages 205-A to 205-B, s.2.
Section 4. Management
(1) The administration and management of the Corporation and its affairs shall vest in the Board which may exercise powers and do all acts and things that may be exercised or done by the Corporation in accordance with the provisions of this Act.
(2) The Board in discharging its functions, shall act on commercial and national considerations and shall be guided by such directions as the Government may give to it from time to time.
(3) Government may suspend the execution of any such resolution or order of the Board as, in the opinion of Government, contravenes the directions mentioned in sub-section (2), or prohibit the doing of any act which is to be done or is being done in pursuance of the said resolution or order, or if the act has been accomplished, order its rectification in such manner as may be directed.
Section 5. Board
(1) Subject to the provisions of sub-section (2), the Board shall consist of–
(1) Minister for Industries, Government of the Punjab. Chairman.
(2) Additional Chief Secretary, Planning and Development Department, Government of the Punjab. Member.
(3) Secretary, Industries Department, Government of the Punjab. Member.
(4) Secretary, Finance Department, Government of the Punjab. Member.
(5) Managing Director, Punjab Small Industries Corporation. Member.
(6) Three non-official members 3[including at least one woman, if available] to be nominated by the Government, one of whom at least shall be a Banker or a Chartered Accountant or a Management Consultant. Members.
(2) Government shall have the power to alter the membership of the Board as and when considered necessary.
Section 6. Managing Director
(1) Government shall appoint a Managing Director of the Corporation who shall be its chief executive.
(2) The Managing Director shall–
(a) be a whole time officer of the Corporation;
(b) perform such duties as may be specified or as the Board may assign to him;
3Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014); and published in the Punjab Gazette (Extraordinary), dated 12.3.2014, pages 2733-2744, s.2 and Schedule, at serial No. 11.
(c) subject to the provisions of sections 8, 9 and 10, hold office as Managing Director for a term of three years and subject as aforesaid–
(i) shall remain in office as Managing Director thereafter until his successor in that office is appointed; and
(ii) may be appointed to hold that office for such further term as Government may, in appointing thereto, determine;
(d) receive such salary and allowances as Government may determine; and
(e) divest himself of any directorship of, or other interest held by him in, any other corporation, company or concern:
Provided that nothing in this clause shall prevent the Managing Director from holding shares in any public company acquired by him before his appointment as Managing Director, or acquiring during his term of office as Managing Director shares in any public company which is not a borrower:
Provided further that Government may, in exceptional circumstances, where it considers necessary to do so in the public interest, exempt by a special order, any person who has been appointed or is about to be appointed as Managing Director from the application of this clause.
Section 7. Term of office of nominated members
Subject to the provisions of sections 8, 9 and 10, a nominated Member shall hold office for such term, not exceeding three years, as may be determined by Government, and may be nominated thereafter for a further term or terms of such duration as Government may, in nominating him thereto, determine.
Section 8. Disqualifications of Managing Director and nominated members
No person shall be appointed as Managing Director or nominated as Member, or as the case may be, shall continue to be a Managing Director or Member, who–
(a) is, or at any time has been, convicted of any offence involving moral turpitude;
(b) is, or at any time has been, adjudged insolvent;
(c) is found a lunatic or becomes of unsound mind;
(d) is, or at any time has been, disqualified for appointment in or dismissed from the service of Pakistan;
(e) is under the age of twenty-one years; or
(f) is not a citizen of Pakistan.
Section 9. Removal of Managing Director or nominated members
Government may, by order in writing, remove the Managing Director or a nominated Member, as the case may be, if he:–
(a) refuses or fails to discharge or becomes, in the opinion of Government incapable of discharging his responsibilities under this Act;
(b) has, in the opinion of Government, abused his position as Managing Director or nominated Member;
(c) has knowingly acquired or continued to hold, without the permission in writing of Government, directly or indirectly, or through a partner, any share or interest in any contract or employment with, by or on behalf of the Corporation, or in any property, which, in his knowledge, is likely to benefit or has benefited as a result of the operations of the Corporation;
(d) has, in the opinion of Government, violated the declaration of fidelity and secrecy provided under section 12; or
(e) has, absented himself from three consecutive meetings of the Board without the leave of the Board. 4[Provided that no order under this section shall be passed unless an opportunity of being heard is provided to the persons to be affected thereby.]
Section 10. Resignation by or removal of the Managing Director or a nominated Member
Notwithstanding anything contained in this Act, the Managing Director or a nominated Member may, at any time before the expiry of his term, upon three months notice, resign his office, or upon similar notice, be removed from office by Government without assigning any reason:
Provided that Government may, in case of Managing Director upon payment of three months salary and allowances in lieu of the notice, remove him immediately without assigning any reason.
Section 11. Appointment of officers, etc
(1) The Corporation may, subject to such general or special orders, as Government may give to it from time to time, appoint such officers, advisers and employees, as it considers necessary for the efficient performance of its functions, on such terms and conditions as it may deem fit.
(2) The Corporation shall appoint such officers, experts, advisers, consultants and other persons as may be transferred to it by Government on such terms and conditions as may be determined by Government.
Section 12. Declaration of fidelity and secrecy
(1) Every Member, adviser, officer and other employee of the Corporation shall, before entering upon his office, make such declaration of fidelity and secrecy as may be specified.
(2) Any adviser, officer or other employee of the Corporation who, in the opinion of Government or a person authorised by Government in this behalf, has violated the declaration of fidelity and secrecy made by him under sub-section (1) shall be liable, after being given a reasonable opportunity of showing cause against the action proposed to be taken with respect to him be forthwith removed from his office or post.
Section 13. Financial, technical and advisory committees
The Board may constitute such financial, technical and advisory committees as may be deemed necessary for carrying out the purposes of this Act.
4Added by the Punjab Small Industries Corporation (Amendment) Ordinance, 1985 (XXI of 1985); and published in the Gazette of Punjab (Extraordinary), dated 23.2.1985, s.2.
Section 14. Immunity of the Corporation and its employees
(1) Every Member, adviser, officer and employee of the Corporation shall be indemnified by the Corporation against all losses and expenses sustained or incurred by him in the discharge of his duties, save such losses and expenses as are sustained and incurred as a result of his own willful act or default.
(2) The Managing Director shall not be personally responsible for the acts of any other Member, adviser, officer or employee of the Corporation which he could not have reasonably prevented by the due exercise of his powers and functions under this Act and the rules and regulations made thereunder or for any loss or expense resulting to the Corporation by reason of the insufficiency or deficiency in value of or title to any property or security acquired or taken on behalf of the Corporation, by the wrongful act of any person under a liability to the Corporation or anything done by him in good faith in execution of the duties of his office.
Section 15. Delegation of powers
The Board may, by general or special order, delegate to the Managing Director, a Member, officer or employee of the Corporation any of its powers, duties or functions under this Act, the rules and regulations, subject to such conditions as it may deem fit to impose.
Section 16. Meetings of the Board
(1) The meetings of the Board shall be held at such times and places as may be specified:
Provided that at least one meeting shall be held during each quarter of the year:
Provided further that until regulations are made in this behalf, such meetings shall be held at such times and places as may be determined by the Chairman.
(2) The quorum required for transacting business at a meeting of the Board shall be four.
(3) Each Member, including the Chairman, shall have one vote but in the event of equality of votes the Chairman shall have a casting vote.
(4) The meetings of the Board shall be presided over by the Chairman and in his absence by the 5[Vice Chairman and in the absence of both the] senior most ex-officio Member present at the meeting.
(5) No act or proceeding of the Board shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of the Board.
(6) The minutes of every meeting, stating among other things, the names of the members present, shall be drawn up and recorded in a book to be kept for the purpose and shall be signed by the person presiding over the meeting and such book shall, at all reasonable times and without payment of any fee, be open to inspection by any Member.
(7) If Government so directs in any case, the Managing Director shall forward to it copies of all papers laid before the Board for consideration at a meeting.
(8) Government may require the Managing Director to furnish to it–
5Inserted by the Punjab Small Industries Corporation (Amendment) Ordinance, 1999 (XXXVII of 1999); and published in the Punjab Gazette (Extraordinary), dated 27.7.1999, pages 893-894, s.2.
(a) any return, statement, estimate, statistics or other information regarding any matter under the control of the Corporation;
(b) a report on any such matter; or
(c) a copy of any document in his charge, and the Managing Director shall comply with any such requisition without any undue delay.
Section 17. Power of Board to associate other persons
(1) The Board may associate with itself, in such manner, on such terms and for such period as it may deem fit, any person whose assistance or advice it may desire in carrying out any of the provisions of this Act.
(2) A person associated under sub-section (1) for any purpose shall have a right to take part in the discussion relating to such purpose in the Board’s meeting but shall not have a right to vote, and shall not be deemed to be a Member for that or any other purpose.
CHAPTER III
POWERS, DUTIES AND FUNCTIONS OF THE CORPORATION
Section 18. Functions of the Corporation
(1) In accordance with the provisions of this Act, the Corporation shall take such measures as it deems fit to render assistance in the establishment and development of small, cottage and other industries.
(2) In particular and without prejudice to the generality of the foregoing function, the Corporation may, in order to promote and carry out the purposes of this Act–
(a) give loans in cash, or in kind or in the form of buildings, developed plots of lands in the small industries estates or machinery and equipment on lease or on hire-purchase basis, to borrowers for the purpose of small, cottage and other industries; and
(b) furnish guarantees to the Scheduled Banks for the repayment of loans to borrowers for the development of industries and to share losses on account of bad debts in accordance with the agreements executed or made in this behalf between the Corporation and such Banks.
(3) The loans given under clause (a) or guaranteed under clause (b) of sub-section (2) shall be repayable within a period not exceeding twenty years.
Section 19. Security for loans
No loan shall be given by Corporation until it is secured by pledge, mortgage, hypothecation or assignment of such property, movable or immovable, and of such value in proportion to the loan, as the Corporation may deem fit:
Provided that when the loan is given to an individual and does not exceed two thousand rupees in the aggregate, it may be secured by bond with at least two solvent sureties.
Section 20. Interest on loans, etc
The rate of interest chargeable on loans given by the Corporation shall be determined and notified by Government from time to time.
Section 21. Limit on loans, etc
(1) The Corporation shall not give loan, make subscription or furnish guarantee to small or cottage industries located outside the small industries estates in excess of the following aggregate limits, namely:–
(a) when made to an individual, rupees one lac; and
(b) when made to any borrower other than individual, rupees ten lacs.
(2) The Corporation shall not give loans or furnish guarantees in case of industries located in the small industries estates in excess of such limits as may be notified by Government, from time to time.
Section 22. Relaxation
Government may, from time to time, on the recommendations of the Corporation, relax the aggregate limits of loans, subscriptions, or guarantees,
provided under section 21.
Section 23. Power to impose conditions
At the time of settlement of any transaction, the Corporation may attach such conditions as it may deem necessary or expedient for protecting its own interest and for securing that the loan, under-writing or other aid shall be put to the best use.
Section 24. Power to demand payment of entire sum
(1) Notwithstanding anything to the contrary contained in any agreement or law for the time being in force, if–
(a) it is found that the loan was obtained by information supplied by the borrower which was false or misleading in any material particular;
(b) the borrower is found to have committed the breach of any term of his agreement with the Corporation relating to the loan;
(c) the loan or any part of it is found to have been utilized for a purpose other than for which it was given;
(d) there is reasonable apprehension that the borrower will be unable to pay his debt or may go into liquidation;
(e) the property pledged, mortgaged, hypothecated or assigned to the Corporation as security for the loan is not maintained in proper condition by the borrower or the property has depreciated in value by more than the prescribed percentage and the borrower is unable to furnish additional security to the satisfaction of the Corporation;
(f) without the permission of the Corporation, machinery or other equipment is removed from the premises of the borrower’s industrial establishment without being adequately replaced;
(g) without the permission of the Corporation, the building, land or other property mortgaged as security for the loan is in any way disposed of or charged by the borrower, or for any other reason, it is necessary, in the opinion of the Board, to do so in order to protect the interest of the Corporation;
any officer authorised generally or specially in this behalf by the Board may, by notice, call upon the borrower to pay up the entire sum then remaining unpaid by the borrower, in respect of the loan and the interest payable thereon or any lesser sum as the case may be, or require the borrower to surrender the building, machinery and
equipment and other material given to him by way of loan or require him to comply with such directions as the Board may consider necessary to give in order to safeguard the interest of the Corporation.
(2) The notice referred to in sub-section (1) shall indicate the time within which the borrower is required to make the payment or to surrender the factory building, machinery and equipment and other material or to carry out the directions given and shall also contain a warning that if the borrower fails to pay the amount demanded or to surrender factory building, machinery and equipment and other material or carry out the directions given, as the case may be, within the time indicated, the Board may issue a certificate declaring the borrower to be a defaulter and certifying the sum due from the borrower to be recoverable as arrears of land revenue.
Section 25. Certification of sums recoverable
(1) If the borrower fails to pay the amount demanded or to carry out the directions given in the notice within the time indicated therein, the Board may issue a certificate in the prescribed form and manner declaring the borrower to be a defaulter and certifying the aggregate sum, including interest, due to the Corporation from the borrower up to the date of issuance of the certificate and mentioning the rate at which future interest shall be paid thereon.
(2) Subject to the provisions of sub-section (3), a certificate issued under sub-section (1) shall be conclusive evidence that the sums certified in the certificate, together with future interest to be determined at the rate mentioned therein, are recoverable by the Corporation from the borrower.
(3) The borrower may, within fifteen days of the issuance of a certificate under sub-section (1), appeal to Government and thereupon Government may cancel or modify the certificate.
(4) Notwithstanding anything to the contrary contained in the agreement or in any law for the time being in force–
(a) the Corporation shall have the option to recover the amount due from a borrower either from him or from his security and a certificate issued under sub-section (1) shall also be executable against the surety as if he himself were the borrower;
(b) any transfer of property pledged, mortgaged, hypothecated or assigned by the borrower as security for the repayment of the loan, so long as the loan or the interest thereon or any part thereof remains unpaid to the Corporation, shall be void as against the Corporation and such property shall be liable to attachment and sale as if no such transfer has taken place;
(c) where a loan has been advanced in the form of building or machinery and equipment on hire purchase basis and the borrower has committed a breach of the terms and conditions of the agreement or otherwise violated any provision of this Act or failed to comply with a notice issued under sub-section (1), the Corporation shall be entitled to take possession of the building, machinery and equipment, as the case may be; and
(d) all sums due to the Corporation from the borrower or any other person shall be recoverable as arrears of land revenue.
Section 26. Loans in foreign currency
(1) The Corporation may, with the previous approval of Government and the Government of Pakistan, and on such terms and conditions as may be approved by Government, borrow in foreign currency from the International Bank for Reconstruction and Development or other agencies, moneys required for the development of small, cottage and other industries. In the case of loan secured for the purpose of section 18, the Corporation may pledge, mortgage, hypothecate or assign to the said International Bank or other agency, as the case may be, all or any part of security taken by the Corporation for the loan obtained in foreign currency.
(2) All loans obtained in foreign currency shall be repayable–
(a) in the currency in which they are obtained;
(b) in any other currency which is agreed upon by the loan-giving agency, Government and Government of Pakistan; or
(c) in Pakistan currency at the rate of exchange prevailing at the date of repayment.
Section 27. Other functions of the Corporation
The Corporation shall also be responsible for–
(a) preparing and submitting schemes to Government for the development of cottage, small and other industries including schemes for research and mechanization of such industries;
(b) giving effect to approved schemes;
(c) sponsoring industries to be set up in the small industries estates and outside the estates;
(d) taking over, implementing and running schemes, projects and training institutions, as may be transferred to the Corporation by Government;
(e) organizing co-operative societies in furtherance of the purposes of this Act;
(f) taking appropriate measures for integration of small industries with medium and large industries;
(g) undertaking, census and survey of cottage, small and other industries;
(h) organizing trade associations and taking other appropriate measures for promoting and marketing the products of cottage and small industries;
(i) organizing fairs, pavilions, sales and display of products of cottage and small industries;
(j) establishing service centers and common facility centers for specific industries or group of industries;
(k) establishing, in special cases and with the prior approval of Government, small and cottage industries in less developed areas;
(l) establishing small industries estates;
(m) establishing artisan colonies, design centers, workshops and institutes for promotion and development of handicrafts;
(n) procuring and distributing raw material, machinery and spare parts to cottage and small industries;
(o) establishing institutes for promotion and development of cottage, small and other industries;
(p) maintaining and running depots for the supply of raw material and for the purchase and sale of finished goods from cottage and small industries and projects run by it;
(q) introducing better means of production and new designs including proto-types;
(r) formulating and implementing schemes for training to artisans and small industrialists;
(s) arranging for gradation and standardization of products of small and cottage industries;
(t) working out entitlement to raw material of cottage, small and other industries;
(u) sanctioning, balancing, modernizing, etc., of cottage, small and other industrial units in accordance with the instructions of Government or in exercise of powers that may be delegated in this behalf by Government; and
(v) undertaking such other functions, measures or steps as may be directed by Government.
Section 28. Corporation to be deemed a Bank
The Corporation shall be deemed to be a Bank for the purposes of the Banker’s Books Evidence Act, 1891.
CHAPTER IV
FINANCES
Section 29. Corporation funds
(1) There shall be a fund to be known as the “Corporation Fund” vested in the Corporation, which shall be utilised by the Corporation to meet charges in connection with its functions under this Act including salaries and other remunerations of the Managing Director, officers and other employees of the Corporation.
(2) The Corporation Fund shall consist of–
(a) investment made by Government;
(b) grants made by Government;
(c) revolving funds placed by the Government at the disposal of the Corporation for preparing feasibility studies for the scheme;
(d) loans obtained from Government;
(e) grants made by the Local Bodies;
(f) sale proceeds of raw material and finished goods;
(g) loans obtained from the Scheduled Banks;
(h) foreign loans obtained by the Corporation;
(i) charges for the plots of land and other facilities provided in the small industries estates;
(j) funds of the defunct West Pakistan Small Industries Corporation to the extent such funds have been transferred to the Punjab Province in accordance with the provisions of the West Pakistan Small Industries Corporation (Dissolution) Ordinance, 1972; and
(k) all other sums received by the Corporation.
Section 30. Corporation to be deemed a Local Body
The Corporation shall be deemed to be a Local Body under the Local Authorities Loans Act, 1914 6 for the purposes of borrowing money under the said Act and the making and execution of any scheme under this Act shall be deemed to be a work which such authority is legally authorised to carry out.
Section 31. Custody and investment of Corporation Fund
(1) All moneys at the credit of the Corporation shall be kept in such manner as may be prescribed.
(2) Nothing in sub-section (1) shall be deemed to preclude the Corporation from investing any such moneys which are not required for immediate expenditure, in any of the securities described in section 20 of the Trusts Act, 1882 7, in fixed deposit with a bank approved by Government or in such other manner as may be approved by Government.
Section 32. Maintenance of accounts
The Corporation shall maintain complete and accurate accounts in such manner as may be prescribed.
Section 33. Auditors
The accounts of the Corporation shall be audited in such manner as may be directed by Government from time to time.
Section 34. Reports to be furnished by Government
(1) The Corporation shall furnish to Government, as far as possible, within four months of the close of each financial year an audited statement in the prescribed form of its assets and liabilities of commercial undertakings and transactions as they stand at the close of that year, together with a profit and loss account for the year and a full report on the working of the Corporation during the year, and copies of the said statements, account and report shall be published in the official Gazette.
(2) The Corporation shall submit to Government its proposals for the ensuing financial year at such time and in such manner as may be prescribed.
6IX of 1914 7II of 1882
CHAPTER V
TRANSFER OF ASSETS, PROJECTS, UNDERTAKINGS, LIABILITIES, EMPLOYEES, ETC., OF THE DEFUNCT WEST PAKISTAN SMALL INDUSTRIES CORPORATION.
Section 35. Transfer of assets, etc., of the defunct West Pakistan Small Industries Corporation
Notwithstanding any arrangement made by Government to administer the business, projects, undertakings and properties of the defunct West Pakistan Small Industries Corporation necessitated by the enforcement of the West Pakistan Small Industries Corporation (Dissolution) Ordinance, 1972, as from the coming into force of this Act–
(a) all business, projects, undertakings and properties of the defunct West Pakistan Small Industries Corporation transferred to and vesting in the Punjab Province in accordance with the order made by the President in pursuance of section 4 of the West Pakistan Small Industries Corporation (Dissolution) Ordinance, 1972, shall stand transferred to the Corporation;
(b) all debts, liabilities and obligations incurred, contracts entered into, and matters and things engaged to be done by, with or for, and all suits and other proceedings by or against the West Pakistan Small Industries Corporation to the extent such debts, liabilities, and obligations, stand transferred to the Punjab Province in accordance with the President’s Order referred to in clause (a) and in so far as the contracts, matters and things, suits and other proceedings arise out of the business, projects, undertakings and properties so transferred to the Punjab Province shall be deemed to be debts, liabilities and obligations incurred, contracts entered into, or, as the case may be, matters and things engaged to be done by, with or for, and suits and other proceedings by or against the Corporation. Explanation.– The expressions “projects”, “under-takings” and “properties” as used in this section shall have the same meanings as assigned to them in the West Pakistan Small Industries Corporation (Dissolution) Ordinance, 1972.
Section 36. Officers and employees of the defunct West Pakistan Small Industries Corporation
Officers and other employees of the defunct West Pakistan Small Industries Corporation to be transferred to the Punjab Province in pursuance of the provisions of Section 5 of the West Pakistan Small Industries Corporation
(Dissolution) Ordinance, 1972 may be appointed for service under the Corporation on such terms and conditions as may be determined by Government.
CHAPTER VI
MISCELLANEOUS
Section 37. Winding up
No provision of law relating to the winding up of companies and corporations shall apply to the Corporation and the Corporation shall not be wound up except by an order of Government and in such manner as it may direct.
Section 38. Supplemental powers
For the purposes of carrying into effect the provisions of this Act Government may, in such manner as it may consider necessary or expedient, provide for–
(a) the removal of difficulties arising out of, or in connection with the transfer of assets and liabilities vesting in it, of the defunct West Pakistan Small Industries Corporation; and
(b) other matters supplemental or incidental to or consequential upon the transfer of such assets and liabilities.
Section 39. Quarterly report by Managing Director
The Managing Director shall regularly submit a quarterly report to the Board on the working of the Corporation.
Section 40. Power to make rules
(1) Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for–
(a) the manner and form of keeping the accounts of the Corporation;
(b) recruitment of officers, advisers and other employees of the Corporation;
(c) terms and conditions of service of the officers, advisers and other employees of the Corporation;
(d) functions of the advisers;
(e) borrowings by the Corporation;
(f) the date on which and the form in which the annual budget statement of the Corporation is to be submitted each year;
(g) Procedure for appropriation and reappropriation of moneys at the credit of the Corporation;
(h) manner and form in which and the authorities to whom returns, reports or statements shall be submitted;
(i) investment of Corporation funds and surplus moneys;
(j) sale or transfer of industrial units and other immovable property of the Corporation; and
(k) such other matters relating to the administration and other affairs of the Corporation as Government may think fit to regulate by rules.
Section 41. Power to make regulations
(1) The Board may, with the previous approval of Government, make regulations for all matters not provided for in the rules for which provision is necessary or expedient for carrying out the purposes of this Act and the rules.
(2) In particular and without prejudice to the generality of the foregoing provisions, such regulations may specify for–
(a) meetings of the Board;
(b) constitution, power and terms and conditions of the committees;
(c) building bye-laws, agreements and lease deeds pertaining to small industries estates;
(d) conditions subject to which the Corporation may grant loans; and
(e) manner and form of determining the sufficiency of security taken for loans or for granting loans.
Section 42. Savings
Notwithstanding the repeal of the West Pakistan Small Industries Corporation Ordinance, 1965 (W.P. Ordinance XXX of 1965), by the West Pakistan Small Industries Corporation (Dissolution) Ordinance, 1972, any form, rule, regulation, or scheme made or issued under the repealed Ordinance, shall, so far as it is not inconsistent with the provisions of this Act, continue in force and be deemed to have been made or issued under the provisions of this Act unless or until it is superseded by any form, rule, regulation or scheme made or issued under the provisions of this Act.
Section 43. Repeal and validation
(1) The Punjab Ordinances Temporary Enactment Act, 1973, in so far as it enacts the provisions of the Punjab Small Industries Corporation Ordinance, 1972 (Punjab Ordinance No. XVIII of 1972), is hereby repealed.
(2) Everything done, action taken or order made by the Government or the Corporation or the Chairman or the Managing Director or any officer of the Corporation in exercise of the powers vested in Government or the Corporation or the Chairman or the Managing Director or any officer of the Corporation, as the case may be, under the Punjab Small Industries Corporation Ordinance, 1972 (Punjab Ordinance No. XVIII of 1972) and its provisions as enacted by the Punjab Ordinances Temporary Enactment Act, 1973, on or after the 9th October, 1972, and before the commencement of this Act, shall be deemed to have been validly done, taken or made.
Print contents from the source
CONTENTS CHAPTER I PRELIMINARY 1. Short title, extent and commencement 2. Definitions CHAPTER II CONSTITUTION OF THE CORPORATION 3. Constitution of the Corporation 4. Management 5. Board 6. Managing Director 7. Term of office of nominated members 8. Disqualifications of Managing Director and nominated members 9. Removal of Managing Director or nominated members 10. Resignation by or removal of the Managing Director or a nominated Member 11. Appointment of officers, etc 12. Declaration of fidelity and secrecy 13. Financial, technical and advisory committees 14. Immunity of the Corporation and its employees 15. Delegation of powers 16. Meetings of the Board 17. Power of Board to associate other persons CHAPTER III POWERS, DUTIES AND FUNCTIONS OF THE CORPORATION 18. Functions of the Corporation 19. Security for loans 20. Interest on loans, etc 21. Limit on loans, etc 22. Relaxation 23. Power to impose conditions 24. Power to demand payment of entire sum 25. Certification of sums recoverable 26. Loans in Foreign Currency 27. Other functions of the Corporation 28. Corporation to be deemed a Bank CHAPTER IV FINANCES 29. Corporation funds 30. Corporation to be deemed a Local Body 31. Custody and investment of Corporation Fund 32. Maintenance of accounts 33. Auditors 34. Reports to be furnished by Government CHAPTER V TRANSFER OF ASSETS, PROJECTS, UNDERTAKINGS, LIABILITIES, EMPLOYEES, ETC., OF THE DEFUNCT WEST PAKISTAN SMALL INDUSTRIES CORPORATION 35. Transfer of assets, etc., of the defunct West Pakistan Small Industries Corporation 36. Officers and employees of the defunct West Pakistan Small Industries Corporation CHAPTER VI MISCELLANEOUS 37. Winding up 38. Supplemental powers 39. Quarterly report by Managing Director 40. Power to make rules 41. Power to make regulations 42. Savings 43. Repeal and validation
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THE PUNJAB SMALL INDUSTRIES CORPORATION ACT,
1973
(XV of 1973)
CONTENTS
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER II
CONSTITUTION OF THE CORPORATION
3. Constitution of the Corporation
4. Management
5. Board
6. Managing Director
7. Term of office of nominated members
8. Disqualifications of Managing Director and nominated members
9. Removal of Managing Director or nominated members
10. Resignation by or removal of the Managing Director or a nominated
Member
11. Appointment of officers, etc
12. Declaration of fidelity and secrecy
13. Financial, technical and advisory committees
14. Immunity of the Corporation and its employees
15. Delegation of powers
16. Meetings of the Board
17. Power of Board to associate other persons
CHAPTER III
POWERS, DUTIES AND FUNCTIONS OF THE CORPORATION
18. Functions of the Corporation
19. Security for loans
20. Interest on loans, etc
21. Limit on loans, etc
22. Relaxation
23. Power to impose conditions
24. Power to demand payment of entire sum
25. Certification of sums recoverable
26. Loans in Foreign Currency
27. Other functions of the Corporation
28. Corporation to be deemed a Bank
CHAPTER IV
FINANCES
29. Corporation funds
30. Corporation to be deemed a Local Body
31. Custody and investment of Corporation Fund
32. Maintenance of accounts
33. Auditors
34. Reports to be furnished by Government
CHAPTER V
TRANSFER OF ASSETS, PROJECTS, UNDERTAKINGS, LIABILITIES,
EMPLOYEES, ETC., OF THE DEFUNCT WEST PAKISTAN SMALL INDUSTRIES
CORPORATION
35. Transfer of assets, etc., of the defunct West Pakistan Small Industries
Corporation
36. Officers and employees of the defunct West Pakistan Small Industries
Corporation
CHAPTER VI
MISCELLANEOUS
37. Winding up
38. Supplemental powers
39. Quarterly report by Managing Director
40. Power to make rules
41. Power to make regulations
42. Savings
43. Repeal and validation
TEXT
1
THE PUNJAB SMALL INDUSTRIES CORPORATION ACT, 1973
(XV of 1973)
[13th August, 1973]
An
Act
to provide for the establishment of a Small Industries Corporation in the Province of
the Punjab.
Preamble.– WHEREAS it is expedient to make provisions for the establishment of a
Corporation to succeed to the busi ness, projects, undertakings and properties of the
defunct West Pakistan Small Industries Corporation to the extent such business,
projects, undertakings and properties stand transferred to the Punjab Province on
the dissolution of the West Pakistan Small Industries Corporation by the West
Pakistan Small Industries Corporation (Dissolution) Ordinance, 1972, and for
promoting the development of Industries in the Province of the Punjab with particular
reference to small and cottage industries, and matters inc idental and supplemental
thereto;
It is hereby enacted as follows:–
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement .– (1) This Act may be called the
Punjab Small Industries Corporation Act, 1973.
(2) It extends to the whole of the Province of the Punjab.
(3) It shall come into force at once and shall be deemed to have taken
effect on and from the day the Punjab Small Industries Corporation Ordinance, 1972
(Punjab Ordinance No. XVIII of 1972) , ceased to operate in accordance with the
provision of clause (2) of Article 135 of the Interim Constitution of the Islamic
Republic of Pakistan.
2. Definitions.– In this Act, unless there is anything repugnant in the subject or
context–
(a) “Board” means the Board of Members of the Corporation;
(b) “borrower” means any person or persons or body of persons whether
incorporated or not, to whom a loan is given by the Corporation or by a
scheduled Bank on the guarantee of the Corporation under this Act and
includes the successors and assignees of such person or persons or
body of persons;
1This Act was passed by the Punjab Assembly on 13th July, 1973; assented to by the Governor of the Punjab on 12th August,
1973; and, published in the Punjab Gazette (Extraordinary), dated 13th August, 1973, pages 1216-A to 1216-Q.
(c) “Corporation” means the Punjab Small Industries Corporation
established under this Act;
(d) “cottage industry” means an industry which is carried on wholly or
primarily with the help of the members of the family as a whole time or
part time occupation;
(e) “Managing Director” means the Managing Director of the Corporation;
(f) “Government” means the Government of the Punjab;
(g) “Member” means a Member of the Board and includes its Chairman;
(h) “other industry” means any industry, other than cottage or small
industry, approved by the Government and set up or established in a
small industries estate;
(i) “prescribed” means prescribed by the rules;
(j) “regulations” means regulations made under this Act;
(k) “rules” means rules made under this Act;
(l) “Scheduled Bank” means a bank for the time being included in the list
of banks maintained under sub -section (1) of section 37 of the State
Bank of Pakistan Act, 1956;
2
[(m) “Small Industry” means an industry engaged in th e handicraft or
manufacture of consumer or producer goods, the value of the total
fixed assets whereof (excluding land & building) does not exceed
rupees fifty lacs.]
(n) “small industries estate” means an estate established and or managed
by the Corporat ion to provide land and facilities for the establishment
and development of small, cottage and other industries;
(o) “specified” means specified by regulations; and
(p) “State Bank” means the State Bank of Pakistan.
CHAPTER II
CONSTITUTION OF THE CORPORATION
3. Constitution of the Corporation .– (1) As soon as may be after the
commencement of this Act, there shall be established a Corporation to be known as
“The Punjab Small Industries Corporation.”
(2) The Corporation shall be a body corporate, shall have the power to
acquire and hold property, both movable and immovable, subject to the provisions of
this Act and shall have perpetual succession and a common seal and shall by the
said name sue and be sued.
(3) The Head Office of the Corporation shall be in Lahore.
2Substituted by the Punjab Small Industries Corporation (Amendment) Ordinance, 1983 (VIII of 1983); and published in the
Punjab Gazette (Extraordinary) dated 13.4.1983, pages 205-A to 205-B, s.2.
4. Management.– (1) The administration and management of the Corporation
and its affairs shall vest in the Board which may exercise powers and do all acts and
things that may be exercised or done by the Corporation in accordance with the
provisions of this Act.
(2) The Board in discharging its functions, shall act on commercial and
national considerations and shall be guided by such directions as the Government
may give to it from time to time.
(3) Government may suspend the execution of any such resolution or
order of the Board as, in the opinion of Government, contravenes the directions
mentioned in sub-section (2), or prohibit the doing of any act which is to be done or
is being done in pursuance of the said resolution or order, or if the act h as been
accomplished, order its rectification in such manner as may be directed.
5. Board.– (1) Subject to the provisions of sub -section (2), the Board shall
consist of–
(1) Minister for Industries, Government of the
Punjab.
Chairman.
(2) Additional Chief Secretary, Planning and
Development Department, Government of the
Punjab.
Member.
(3) Secretary, Industries Department, Government of
the Punjab.
Member.
(4) Secretary, Finance Department, Government of
the Punjab.
Member.
(5) Managing Director, Punjab Small Industries
Corporation.
Member.
(6) Three non -official members
3
[including at least
one woman, if available] to be nominated by the
Government, one of whom at least shall be a
Banker or a Chartered Accountant or a
Management Consultant.
Members.
(2) Government shall have the power to alter the membership of the Board
as and when considered necessary.
6. Managing Director .– (1) Government shall appoint a Managing Director of
the Corporation who shall be its chief executive.
(2) The Managing Director shall–
(a) be a whole time officer of the Corporation;
(b) perform such duties as may be specified or as the Board may assign to
him;
3Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014) ; and published in the Punjab Gazette
(Extraordinary), dated 12.3.2014, pages 2733-2744, s.2 and Schedule, at serial No. 11.
(c) subject to the provisions of sections 8, 9 and 10, hold office as
Managing Director for a term of three years and subject as aforesaid–
(i) shall remain in office as Managing Director thereafter until his
successor in that office is appointed; and
(ii) may be appointed to hold that office for such further term as
Government may, in appointing thereto, determine;
(d) receive such salary and allowances as Government may determine;
and
(e) divest himself of any directorship of, or other interest held by him in,
any other corporation, company or concern:
Provided that nothing in this clause shall prevent the Managin g Director from
holding shares in any public company acquired by him before his appointment as
Managing Director, or acquiring during his term of office as Managing Director
shares in any public company which is not a borrower:
Provided further that Government may, in exceptional circumstances, where it
considers necessary to do so in the public interest, exempt by a special order, any
person who has been appointed or is about to be appointed as Managing Director
from the application of this clause.
7. Term of office of nominated members .– Subject to the provisions of
sections 8, 9 and 10, a nominated Member shall hold office for such term, not
exceeding three years, as may be determined by Government, and may be
nominated thereafter for a further term or t erms of such duration as Government
may, in nominating him thereto, determine.
8. Disqualifications of Managing Director and nominated members .– No
person shall be appointed as Managing Director or nominated as Member, or as the
case may be, shall continue to be a Managing Director or Member, who–
(a) is, or at any time has been, convicted of any offence involving moral
turpitude;
(b) is, or at any time has been, adjudged insolvent;
(c) is found a lunatic or becomes of unsound mind;
(d) is, or at any time has been, disqualified for appointment in or dismissed
from the service of Pakistan;
(e) is under the age of twenty-one years; or
(f) is not a citizen of Pakistan.
9. Removal of Managing Director or nominated members .– Government
may, by order in writi ng, remove the Managing Director or a nominated Mem ber, as
the case may be, if he:–
(a) refuses or fails to discharge or becomes, in the opinion of Government
incapable of discharging his responsibilities under this Act;
(b) has, in the opinion of Govern ment, abused his position as Managing
Director or nominated Member;
(c) has knowingly acquired or continued to hold, without the permission in
writing of Government, directly or indirectly, or through a partner, any
share or interest in any contract or em ployment with, by or on behalf of
the Corporation, or in any property, which, in his knowledge, is likely to
benefit or has benefited as a result of the operations of the
Corporation;
(d) has, in the opinion of Government, violated the declaration of fide lity
and secrecy provided under section 12; or
(e) has, absented himself from three consecutive meetings of the Board
without the leave of the Board.
4
[Provided that no order under this section shall be passed unless an
opportunity of being heard is provided to the persons to be affected thereby.]
10. Resignation by or removal of the Managing Director or a nominated
Member.– Notwithstanding anything contained in this Act, the Managing Director or
a nominated Member may, at any time before the expiry of hi s term, upon three
months notice, resign his office, or upon similar notice, be removed from office by
Government without assigning any reason:
Provided that Government may, in case of Managing Director upon payment
of three months salary and allowances in lieu of the notice, remove him immediately
without assigning any reason.
11. Appointment of officers, etc .– (1) The Corporation may, subject to such
general or special orders, as Government may give to it from time to time, appoint
such officers, adviser s and employees, as it considers necessary for the efficient
performance of its functions, on such terms and conditions as it may deem fit.
(2) The Corporation shall appoint such officers, experts, advisers,
consultants and other persons as may be transfe rred to it by Government on such
terms and conditions as may be determined by Government.
12. Declaration of fidelity and secrecy.– (1) Every Member, adviser, officer and
other employee of the Corporation shall, before entering upon his office, make such
declaration of fidelity and secrecy as may be specified.
(2) Any adviser, officer or other employee of the Corporation who, in the
opinion of Government or a person authorised by Government in this behalf, has
violated the declaration of fidelity and secr ecy made by him under sub -section (1)
shall be liable, after being given a reasonable opportunity of showing cause against
the action proposed to be taken with respect to him be forthwith removed from his
office or post.
13. Financial, technical and advis ory committees.– The Board may constitute
such financial, technical and advisory committees as may be deemed necessary for
carrying out the purposes of this Act.
4Added by the Punjab Small Industries Corporation (Amendment) Ordinance, 1985 (XXI of 1985); and published in the Gazette
of Punjab (Extraordinary), dated 23.2.1985, s.2.
14. Immunity of the Corporation and its employees .– (1) Every Member,
adviser, officer and em ployee of the Corporation shall be indemnified by the
Corporation against all losses and expenses sustained or incurred by him in the
discharge of his duties, save such losses and expenses as are sustained and
incurred as a result of his own willful act or default.
(2) The Managing Director shall not be personally responsible for the acts
of any other Member, adviser, officer or employee of the Corporation which he could
not have reasonably prevented by the due exercise of his powers and functions
under th is Act and the rules and regulations made thereunder or for any loss or
expense resulting to the Corporation by reason of the insufficiency or deficiency in
value of or title to any property or security acquired or taken on behalf of the
Corporation, by the wrongful act of any person under a liability to the Corporation or
anything done by him in good faith in execution of the duties of his office.
15. Delegation of powers .– The Board may, by general or special order,
delegate to the Managing Director, a Member, officer or employee of the Corporation
any of its powers, duties or functions under this Act, the rules and regulations,
subject to such conditions as it may deem fit to impose.
16. Meetings of the Board.– (1) The meetings of the Board shall be held at such
times and places as may be specified:
Provided that at least one meeting shall be held during each quarter of the
year:
Provided further that until regulations are made in this behalf, such meetings
shall be held at such times and places as may be determined by the Chairman.
(2) The quorum required for transacting business at a meeting of the
Board shall be four.
(3) Each Member, including the Chairman, shall have one vote but in the
event of equality of votes the Chairman shall have a casting vote.
(4) The meetings of the Board shall be presided over by the Chairman and
in his absence by the
5
[Vice Chairman and in the absence of both the] senior most
ex-officio Member present at the meeting.
(5) No act or proceeding of the Board shall be invalid merely on the ground
of the existence of any vacancy in, or any defect in the constitution of the Board.
(6) The minutes of every meeting, stating among other things, the names
of the members present, shall be drawn up and recorded in a book to be kept f or the
purpose and shall be signed by the person presiding over the meeting and such
book shall, at all reasonable times and without payment of any fee, be open to
inspection by any Member.
(7) If Government so directs in any case, the Managing Director sh all
forward to it copies of all papers laid before the Board for consideration at a meeting.
(8) Government may require the Managing Director to furnish to it–
5Inserted by the Punjab Small Industries Corporation (Amendment) Ordinance, 1999 (XXXVII of 1999); and published in the
Punjab Gazette (Extraordinary), dated 27.7.1999, pages 893-894, s.2.
(a) any return, statement, estimate, statistics or other information
regarding any matter under the control of the Corporation;
(b) a report on any such matter; or
(c) a copy of any document in his charge, and the Managing Director shall
comply with any such requisition without any undue delay.
17. Power of Board to associate other persons .– (1) The Board may associate
with itself, in such manner, on such terms and for such period as it may deem fit, any
person whose assistance or advice it may desire in carrying out any of the provisions
of this Act.
(2) A person associated under sub -section (1) for any purpose shall have
a right to take part in the discussion relating to such purpose in the Board’s meeting
but shall not have a right to vote, and shall not be deemed to be a Member for that or
any other purpose.
CHAPTER III
POWERS, DUTIES AND FUNCTIONS OF THE CORPORATION
18. Functions of the Corporation.– (1) In accordance with the provisions of this
Act, the Corporation shall take such measures as it deems fit to render assistance in
the establishment and development of small, cottage and other industries.
(2) In particular and without prejudice to the generality of the foregoing
function, the Corporation may, in order to promote and carry out the purposes of this
Act–
(a) give loans in cash, or in kind or in the form of buildings, developed
plots of lands in the small industries estates or machinery and
equipment on lease or on hire -purchase basis, to borrowers for the
purpose of small, cottage and other industries; and
(b) furnish guarantees to the Scheduled Banks for the repayment of loans
to borrowers for the development of industries and to share losses on
account of bad debts in accordance with the agreements executed or
made in this behalf between the Corporation and such Banks.
(3) The loans given under clause (a) or guaranteed under cl ause (b) of
sub-section (2) shall be repayable within a period not exceeding twenty years.
19. Security for loans.– No loan shall be given by Corporation until it is secured
by pledge, mortgage, hypothecation or assignment of such property, movable or
immovable, and of such value in proportion to the loan, as the Corporation may
deem fit:
Provided that when the loan is given to an individual and does not exceed two
thousand rupees in the aggregate, it may be secured by bond with at least two
solvent sureties.
20. Interest on loans, etc.– The rate of interest chargeable on loans given by the
Corporation shall be determined and notified by Government from time to time.
21. Limit on loans, etc .– (1) The Corporation shall not give loan, make
subscription or f urnish guarantee to small or cottage industries located outside the
small industries estates in excess of the following aggregate limits, namely:–
(a) when made to an individual, rupees one lac; and
(b) when made to any borrower other than individual, rupees ten lacs.
(2) The Corporation shall not give loans or furnish guarantees in case of
industries located in the small industries estates in excess of such limits as may be
notified by Government, from time to time.
22. Relaxation.– Government may, from time to time, on the recommendations of
the Corporation, relax the aggregate limits of loans, subscriptions, or guarantees,
provided under section 21.
23. Power to impose conditions .– At the time of settlement of any transaction,
the Corporation may attac h such conditions as it may deem necessary or expedient
for protecting its own interest and for securing that the loan, under -writing or other
aid shall be put to the best use.
24. Power to demand payment of entire sum .– (1) Notwithstanding anything to
the contrary contained in any agreement or law for the time being in force, if–
(a) it is found that the loan was obtained by information supplied by the
borrower which was false or misleading in any material particular;
(b) the borrower is found to have c ommitted the breach of any term of his
agreement with the Corporation relating to the loan;
(c) the loan or any part of it is found to have been utiliz ed for a purpose
other than for which it was given;
(d) there is reasonable apprehension that the borro wer will be unable to
pay his debt or may go into liquidation;
(e) the property pledged, mortgaged, hypothecated or assigned to the
Corporation as security for the loan is not maintained in proper
condition by the borrower or the property has depreciated in value by
more than the prescribed percentage and the borrower is unable to
furnish additional security to the satisfaction of the Corporation;
(f) without the permission of the Corporation, machinery or other
equipment is removed from the premises of t he borrower’s industrial
establishment without being adequately replaced;
(g) without the permission of the Corporation, the building, land or other
property mortgaged as security for the loan is in any way disposed of
or charged by the borrower, or for a ny other reason, it is necessary, in
the opinion of the Board, to do so in order to protect the interest of the
Corporation;
any officer authorised generally or specially in this behalf by the Board
may, by notice, call upon the borrower to pay up the enti re sum then
remaining unpaid by the borrower, in respect of the loan and the
interest payable thereon or any lesser sum as the case may be, or
require the borrower to surrender the building, machinery and
equipment and other material given to him by way of loan or require
him to comply with such directions as the Board may consider
necessary to give in order to safeguard the interest of the Corporation.
(2) The notice referred to in sub -section (1) shall indicate the time within
which the borrower is requi red to make the payment or to surrender the factory
building, machinery and equipment and other material or to carry out the directions
given and shall also contain a warning that if the borrower fails to pay the amount
demanded or to surrender factory bui lding, machinery and equipment and other
material or carry out the directions given, as the case may be, within the time
indicated, the Board may issue a certificate declaring the borrower to be a defaulter
and certifying the sum due from the borrower to b e recoverable as arrears of land
revenue.
25. Certification of sums recoverable .– (1) If the borrower fails to pay the
amount demanded or to carry out the directions given in the notice within the time
indicated therein, the Board may issue a certificate in the prescribed form and
manner declaring the borrower to be a defaulter and certifying the aggregate sum,
including interest, due to the Corporation from the borrower up to the date of
issuance of the certificate and mentioning the rate at which future interest shall be
paid thereon.
(2) Subject to the provisions of sub -section (3), a certificate issued under
sub-section (1) shall be conclusive evidence that the sums certified in the certificate,
together with future interest to be determined at the rat e mentioned therein, are
recoverable by the Corporation from the borrower.
(3) The borrower may, within fifteen days of the issuance of a certificate
under sub -section (1), appeal to Government and thereupon Government may
cancel or modify the certificate.
(4) Notwithstanding anything to the contrary contained in the agreement or
in any law for the time being in force–
(a) the Corporation shall have the option to recover the amount due from a
borrower either from him or from his security and a certificate issued
under sub-section (1) shall also be executable against the surety as if
he himself were the borrower;
(b) any transfer of property pledged, mortgaged, hypothecated or assigned
by the borrower as security for the repayment of the loan, so long as
the loan or the interest thereon or any part thereof remains unpaid to
the Corporation, shall be void as against the Corporation and such
property shall be liable to attachment and sale as if no such transfer
has taken place;
(c) where a loan has been adva nced in the form of building or machinery
and equipment on hire purchase basis and the borrower has committed
a breach of the terms and conditions of the agreement or otherwise
violated any provision of this Act or failed to comply with a notice
issued under sub-section (1), the Corporation shall be entitled to take
possession of the building, machinery and equipment, as the case may
be; and
(d) all sums due to the Corporation from the borrower or any other person
shall be recoverable as arrears of land revenue.
26. Loans in foreign currency .– (1) The Corporation may, with the previous
approval of Government and the Government of Pakistan, and on such terms and
conditions as may be approved by Government, borrow in foreign currency from the
International Bank for Reconstruction and Development or other agencies, moneys
required for the development of small, cottage and other industries. In the case of
loan secured for the purpose of section 18, the Corporation may pledge, mortgage,
hypothecate or assign to the said International Bank or other agency, as the case
may be, all or any part of security taken by the Corporation for the loan obtained in
foreign currency.
(2) All loans obtained in foreign currency shall be repayable–
(a) in the currency in which they are obtained;
(b) in any other currency which is agreed upon by the loan -giving agency,
Government and Government of Pakistan; or
(c) in Pakistan currency at the rate of exchange prevailing at the date of
repayment.
27. Other functions of the Corpor ation.– The Corporation shall also be
responsible for–
(a) preparing and submitting schemes to Government for the development
of cottage, small and other industries including schemes for research
and mechanization of such industries;
(b) giving effect to approved schemes;
(c) sponsoring industries to be set up in the small industries estates and
outside the estates;
(d) taking over, implementing and running schemes, projects and training
institutions, as may be transferred to the Corporation by Government;
(e) organizing co-operative societies in furtherance of the purposes of this
Act;
(f) taking appropriate measures for integration of small industries with
medium and large industries;
(g) undertaking, census and survey of cottage, small and other industries;
(h) organizing trade associations and taking other appropriate measures
for promoting and marketing the products of cottage and small
industries;
(i) organizing fairs, pavilions, sales and display of products of cottage and
small industries;
(j) establishing service centers and common facility centers for specific
industries or group of industries;
(k) establishing, in special cases and with the prior approval of
Government, small and cottage industries in less developed areas;
(l) establishing small industries estates;
(m) establishing artisan colonies, design centers, workshops and institutes
for promotion and development of handicrafts;
(n) procuring and distributing raw material, machinery and spare parts to
cottage and small industries;
(o) establishing institutes for promotion and development of cottage, small
and other industries;
(p) maintaining and running depots for the supply of raw material and for
the purchase and sale of finished goods from cottage and small
industries and projects run by it;
(q) introducing better means of production and new designs including
proto-types;
(r) formulating and implementing schemes for training to artisans and
small industrialists;
(s) arranging for gradation and standardization of products of sm all and
cottage industries;
(t) working out entitlement to raw material of cottage, small and other
industries;
(u) sanctioning, balancing, modernizing, etc., of cottage, small and other
industrial units in accordance with the instructions of Government or in
exercise of powers that may be delegated in this behalf by
Government; and
(v) undertaking such other functions, measures or steps as may be
directed by Government.
28. Corporation to be deemed a Bank.– The Corporation shall be deemed to be
a Bank for the purposes of the Banker’s Books Evidence Act, 1891.
CHAPTER IV
FINANCES
29. Corporation funds .– (1) There shall be a fund to be known as the
“Corporation Fund” vested in the Corporation, which shall be utilised by the
Corporation to meet charges in connection with its functions under this Act including
salaries and other remunerations of the Managing Director, officers and other
employees of the Corporation.
(2) The Corporation Fund shall consist of–
(a) investment made by Government;
(b) grants made by Government;
(c) revolving funds placed by the Government at the disposal of the
Corporation for preparing feasibility studies for the scheme;
(d) loans obtained from Government;
(e) grants made by the Local Bodies;
(f) sale proceeds of raw material and finished goods;
(g) loans obtained from the Scheduled Banks;
(h) foreign loans obtained by the Corporation;
(i) charges for the plots of land and other facilities provided in the small
industries estates;
(j) funds of the defunct West Pakistan Sma ll Industries Corporation to the
extent such funds have been transferred to the Punjab Province in
accordance with the provisions of the West Pakistan Small Industries
Corporation (Dissolution) Ordinance, 1972; and
(k) all other sums received by the Corporation.
30. Corporation to be deemed a Local Body .– The Corporation shall be
deemed to be a Local Body under the Local Authorities Loans Act, 1914
6
for the
purposes of borrowing money under the said Act and the making and execution of
any scheme under thi s Act shall be deemed to be a work which such authority is
legally authorised to carry out.
31. Custody and investment of Corporation Fund.– (1) All moneys at the credit
of the Corporation shall be kept in such manner as may be prescribed.
(2) Nothing in sub-section (1) shall be deemed to preclude the Corporation
from investing any such moneys which are not required for immediate expenditure,
in any of the securities described in section 20 of the Trusts Act, 1882
7
, in fixed
deposit with a bank approved b y Government or in such other manner as may be
approved by Government.
32. Maintenance of accounts .– The Corporation shall maintain complete and
accurate accounts in such manner as may be prescribed.
33. Auditors.– The accounts of the Corporation shall b e audited in such manner
as may be directed by Government from time to time.
34. Reports to be furnished by Government .– (1) The Corporation shall furnish
to Government, as far as possible, within four months of the close of each financial
year an audited statement in the prescribed form of its assets and liabilities of
commercial undertakings and transactions as they stand at the close of that year,
together with a profit and loss account for the year and a full report on the working of
the Corporation du ring the year, and copies of the said statements, account and
report shall be published in the official Gazette.
(2) The Corporation shall submit to Government its proposals for the
ensuing financial year at such time and in such manner as may be prescribed.
6IX of 1914
7II of 1882
CHAPTER V
TRANSFER OF ASSETS, PROJECTS, UNDERTAKINGS, LIABILITIES,
EMPLOYEES, ETC., OF THE DEFUNCT WEST PAKISTAN SMALL INDUSTRIES
CORPORATION.
35. Transfer of assets, etc., of the defunct West Pakistan Small Industries
Corporation.–Notwithstanding any arrangement made by Government to administer
the business, projects, undertakings and properties of the defunct West Pakistan
Small Industries Corporation necessitated by the enforcement of the West Pakistan
Small Industries Corporation (Dissolution) Or dinance, 1972, as from the coming into
force of this Act–
(a) all business, projects, undertakings and properties of the defunct West
Pakistan Small Industries Corporation transferred to and vesting in the
Punjab Province in accordance with the order made by the President in
pursuance of section 4 of the West Pakistan Small Industries
Corporation (Dissolution) Ordinance, 1972, shall stand transferred to
the Corporation;
(b) all debts, liabilities and obligations incurred, contracts entered into, and
matters and things engaged to be done by, with or for, and all suits and
other proceedings by or against the West Pakistan Small Industries
Corporation to the extent such debts, liabilities, and obligations, stand
transferred to the Punjab Province in accordanc e with the President’s
Order referred to in clause (a) and in so far as the contracts, matters
and things, suits and other proceedings arise out of the business,
projects, undertakings and properties so transferred to the Punjab
Province shall be deemed to be debts, liabilities and obligations
incurred, contracts entered into, or, as the case may be, matters and
things engaged to be done by, with or for, and suits and other
proceedings by or against the Corporation.
Explanation.– The expressions “projects” , “under-takings” and “properties” as used
in this section shall have the same meanings as assigned to them in the West
Pakistan Small Industries Corporation (Dissolution) Ordinance, 1972.
36. Officers and employees of the defunct West Pakistan Small Indu stries
Corporation.– Officers and other employees of the defunct West Pakistan Small
Industries Corporation to be transferred to the Punjab Province in pursuance of the
provisions of S ection 5 of the West Pakistan Small Industries Corporation
(Dissolution) Ordinance, 1972 may be appointed for service under the Corporation
on such terms and conditions as may be determined by Government.
CHAPTER VI
MISCELLANEOUS
37. Winding up.– No provision of law relating to the winding up of companies and
corporations shall apply to the Corporation and the Corporation shall not be wound
up except by an order of Government and in such manner as it may direct.
38. Supplemental powers .– For the purposes of carrying into effect the
provisions of this Act Government may, in such manner as it may consider
necessary or expedient, provide for–
(a) the removal of difficulties arising out of, or in connection with the
transfer of assets and liabilities vesting in it, of the defunct West
Pakistan Small Industries Corporation; and
(b) other matters supplemental or incidental to or consequential upon the
transfer of such assets and liabilities.
39. Quarterly report by Managing Director .– The Managing Director shall
regularly submit a quarterly report to the Board on the working of the Corporation.
40. Power to make rules .– (1) Government may, by notification in the official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
provision, such rules may provide for–
(a) the manner and form of keeping the accounts of the Corporation;
(b) recruitment of officers, advisers and other employees of the
Corporation;
(c) terms and conditions of service of the officers, advisers and other
employees of the Corporation;
(d) functions of the advisers;
(e) borrowings by the Corporation;
(f) the date on which and the form in which the annual budget statement
of the Corporation is to be submitted each year;
(g) Procedure for appropriation and reappropriation of moneys at the credit
of the Corporation;
(h) manner and form in which and the authorities to whom returns, reports
or statements shall be submitted;
(i) investment of Corporation funds and surplus moneys;
(j) sale or transfer of industrial units and other im movable property of the
Corporation; and
(k) such other matters relating to the administration and other affairs of the
Corporation as Government may think fit to regulate by rules.
41. Power to make regulations.– (1) The Board may, with the previous app roval
of Government, make regulations for all matters not provided for in the rules for
which provision is necessary or expedient for carrying out the purposes of this Act
and the rules.
(2) In particular and without prejudice to the generality of the fore going
provisions, such regulations may specify for–
(a) meetings of the Board;
(b) constitution, power and terms and conditions of the committees;
(c) building bye -laws, agreements and lease deeds pertaining to small
industries estates;
(d) conditions subject to which the Corporation may grant loans; and
(e) manner and form of determining the sufficiency of security taken for
loans or for granting loans.
42. Savings.– Notwithstanding the repeal of the West Pakistan Small Industries
Corporation Ordinance, 1965 (W.P. Ordinance XXX of 1965), by the West Pakistan
Small Industries Corporation (Dissolution) Ordinance, 1972, any form, rule,
regulation, or scheme made or issued under the repealed Ordinance, shall, so far as
it is not inconsistent with the prov isions of this Act, continue in force and be deemed
to have been made or issued under the provisions of this Act unless or until it is
superseded by any form, rule, regulation or scheme made or issued under the
provisions of this Act.
43. Repeal and valid ation.– (1) The Punjab Ordinances Temporary Enactment
Act, 1973, in so far as it enacts the provisions of the Punjab Small Industries
Corporation Ordinance, 1972 (Punjab Ordinance No. XVIII of 1972), is hereby
repealed.
(2) Everything done, action taken or order made by the Government or the
Corporation or the Chairman or the Managing Director or any officer of the
Corporation in exercise of the powers vested in Government or the Corporation or
the Chairman or the Managing Director or any officer of the Co rporation, as the case
may be, under the Punjab Small Industries Corporation Ordinance, 1972 (Punjab
Ordinance No. XVIII of 1972) and its provisions as enacted by the Punjab
Ordinances Temporary Enactment Act, 1973, on or after the 9th October, 1972, and
before the commencement of this Act, shall be deemed to have been validly done,
taken or made.This law in the library
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Section 12
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enefited as a result of the operations of the Corporation; (d) has, in the opinion of Government, violated the declaration of fide lity and secrecy provided under section 12; or (e) has, absented himself from three consecutive meetings of the Board without the leave of the Board. 4 [Provided that no order under this section shall be passed unless an opportunity of being heard is provided to
Section 21
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ion.– Government may, from time to time, on the recommendations of the Corporation, relax the aggregate limits of loans, subscriptions, or guarantees, provided under section 21. 23. Power to impose conditions .– At the time of settlement of any transaction, the Corporation may attac h such conditions as it may deem necessary or expedient for protecting its own interest and for securing that the l
Section 18
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ruction and Development or other agencies, moneys required for the development of small, cottage and other industries. In the case of loan secured for the purpose of section 18, the Corporation may pledge, mortgage, hypothecate or assign to the said International Bank or other agency, as the case may be, all or any part of security taken by the Corporation for the loan obtained in foreign currency
Provisions explicitly cited in other instruments 2
Section 37 of State Bank of Pakistan Act, 1956
Cited by PUNJAB SMALL INDUSTRIES CORPORATION ACT, 1973
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k) “rules” means rules made under this Act; (l) “Scheduled Bank” means a bank for the time being included in the list of banks maintained under sub -section (1) of section 37 of the State Bank of Pakistan Act, 1956; 2 [(m) “Small Industry” means an industry engaged in th e handicraft or manufacture of consumer or producer goods, the value of the total fixed assets whereof (excluding land & building) does not exceed rupees fifty la
Section 20 of Trusts Act, 1882
Cited by PUNJAB SMALL INDUSTRIES CORPORATION ACT, 1973
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1) shall be deemed to preclude the Corporation from investing any such moneys which are not required for immediate expenditure, in any of the securities described in section 20 of the Trusts Act, 1882 7 , in fixed deposit with a bank approved b y Government or in such other manner as may be approved by Government. 32. Maintenance of accounts .– The Corporation shall maintain complete and accurate accounts in such ma
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- Stored text SHA-256
- f8048585085ac174889e7ea72d88e72698ff82e8475b4c51a06c0d7b7c09f29c
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- d18571224436e258af5fbba7544fc3eafa7c1496d585b6e434af3005e48cd9eb
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- Recorded title
- PUNJAB SMALL INDUSTRIES CORPORATION ACT, 1973
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- 2026-08-06T17:00:41Z
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- punjab-code-07de239c614d9914
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- f8048585085ac174889e7ea72d88e72698ff82e8475b4c51a06c0d7b7c09f29c