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  "title": "PUNJAB SMALL INDUSTRIES CORPORATION ACT, 1973",
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  "text": "THE PUNJAB SMALL INDUSTRIES CORPORATION ACT, \r\n1973 \r\n(XV of 1973) \r\nCONTENTS \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement \r\n2. Definitions \r\nCHAPTER II \r\nCONSTITUTION OF THE CORPORATION \r\n3. Constitution of the Corporation \r\n4. Management \r\n5. Board \r\n6. Managing Director \r\n7. Term of office of nominated members \r\n8. Disqualifications of Managing Director and nominated members \r\n9. Removal of Managing Director or nominated members \r\n10. Resignation by or removal of the Managing Director or a nominated \r\nMember \r\n11. Appointment of officers, etc \r\n12. Declaration of fidelity and secrecy \r\n13. Financial, technical and advisory committees \r\n14. Immunity of the Corporation and its employees \r\n15. Delegation of powers \r\n16. Meetings of the Board \r\n17. Power of Board to associate other persons \r\nCHAPTER III \r\nPOWERS, DUTIES AND FUNCTIONS OF THE CORPORATION \r\n18. Functions of the Corporation \r\n19. Security for loans \r\n20. Interest on loans, etc \r\n21. Limit on loans, etc \r\n22. Relaxation \r\n23. Power to impose conditions \r\n24. Power to demand payment of entire sum \r\n25. Certification of sums recoverable \r\n26. Loans in Foreign Currency  \r\n27. Other functions of the Corporation \r\n28. Corporation to be deemed a Bank \r\nCHAPTER IV \r\nFINANCES \r\n29. Corporation funds \r\n30. Corporation to be deemed a Local Body \r\n31. Custody and investment of Corporation Fund \r\n32. Maintenance of accounts \r\n33. Auditors \r\n34. Reports to be furnished by Government \r\nCHAPTER V \r\nTRANSFER OF ASSETS, PROJECTS, UNDERTAKINGS, LIABILITIES, \r\nEMPLOYEES, ETC., OF THE DEFUNCT WEST PAKISTAN SMALL INDUSTRIES \r\nCORPORATION \r\n35. Transfer of assets, etc., of the defunct West Pakistan Small Industries \r\nCorporation \r\n36. Officers and employees of the defunct West Pakistan Small Industries \r\nCorporation \r\nCHAPTER VI \r\nMISCELLANEOUS \r\n37. Winding up \r\n38. Supplemental powers \r\n39. Quarterly report by Managing Director \r\n40. Power to make rules \r\n41. Power to make regulations \r\n42. Savings \r\n43. Repeal and validation \r\n \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB SMALL INDUSTRIES CORPORATION ACT, 1973 \r\n(XV of 1973) \r\n[13th August, 1973] \r\nAn \r\nAct \r\nto provide for the establishment of a Small Industries Corporation in the Province of \r\nthe Punjab. \r\nPreamble.– WHEREAS it is expedient to make provisions for the establishment of a \r\nCorporation to succeed to the busi ness, projects, undertakings and properties of the \r\ndefunct West Pakistan Small Industries Corporation to the extent such business, \r\nprojects, undertakings and properties stand transferred to the Punjab Province on \r\nthe dissolution of the West Pakistan Small Industries Corporation by the West \r\nPakistan Small Industries Corporation (Dissolution) Ordinance, 1972, and for \r\npromoting the development of Industries in the Province of the Punjab with particular \r\nreference to small and cottage industries, and matters inc idental and supplemental \r\nthereto; \r\nIt is hereby enacted as follows:– \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement .– (1) This Act may be called the \r\nPunjab Small Industries Corporation Act, 1973. \r\n(2) It extends to the whole of the Province of the Punjab. \r\n(3) It shall come into force at once and shall be deemed to have taken \r\neffect on and from the day the Punjab Small Industries Corporation Ordinance, 1972 \r\n(Punjab Ordinance No. XVIII of 1972) , ceased to operate in accordance with the \r\nprovision of clause (2) of Article 135 of the Interim Constitution of the Islamic \r\nRepublic of Pakistan. \r\n2. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext– \r\n(a) “Board” means the Board of Members of the Corporation; \r\n(b) “borrower” means any person or persons or body of persons whether \r\nincorporated or not, to whom a loan is given by the Corporation or by a \r\nscheduled Bank on the guarantee of the Corporation under this Act and \r\nincludes the successors and assignees of such person or  persons or \r\nbody of persons; \r\n                                                           \r\n1This Act was passed by the Punjab Assembly on 13th July, 1973; assented to by the Governor of the Punjab on 12th August, \r\n1973; and, published in the Punjab Gazette (Extraordinary), dated 13th August, 1973, pages 1216-A to 1216-Q. \r\n(c) “Corporation” means the Punjab Small Industries Corporation \r\nestablished under this Act; \r\n(d) “cottage industry” means an industry which is carried on wholly or \r\nprimarily with the help of the members of the family as a whole time or \r\npart time occupation; \r\n(e) “Managing Director” means the Managing Director of the Corporation; \r\n(f)  “Government” means the Government of the Punjab; \r\n(g)  “Member” means a Member of the Board and includes its Chairman; \r\n(h)  “other industry” means any  industry, other than cottage or small \r\nindustry, approved by the Government and set up or established in a \r\nsmall industries estate; \r\n(i)  “prescribed” means prescribed by the rules; \r\n(j)  “regulations” means regulations made under this Act; \r\n(k)  “rules” means rules made under this Act; \r\n(l)  “Scheduled Bank” means a bank for the time being included in the list \r\nof banks maintained under sub -section (1) of section 37 of the State \r\nBank of Pakistan Act, 1956; \r\n2\r\n[(m)  “Small Industry” means an industry engaged in th e handicraft or \r\nmanufacture of consumer or producer goods, the value of the total \r\nfixed assets whereof (excluding land & building) does not exceed \r\nrupees fifty lacs.]  \r\n(n) “small industries estate” means an estate established and or managed \r\nby the Corporat ion to provide land and facilities for the establishment \r\nand development of small, cottage and other industries; \r\n(o) “specified” means specified by regulations; and \r\n(p)  “State Bank” means the State Bank of Pakistan. \r\nCHAPTER II \r\nCONSTITUTION OF THE CORPORATION \r\n3. Constitution of the Corporation .– (1) As soon as may be after the \r\ncommencement of this Act, there shall be established a Corporation to be known as \r\n“The Punjab Small Industries Corporation.” \r\n(2)  The Corporation shall be a body corporate, shall have  the power to \r\nacquire and hold property, both movable and immovable, subject to the provisions of \r\nthis Act and shall have perpetual succession and a common seal and shall by the \r\nsaid name sue and be sued. \r\n(3) The Head Office of the Corporation shall be in Lahore. \r\n                                                           \r\n2Substituted by the Punjab Small Industries Corporation (Amendment)  Ordinance, 1983 (VIII of 1983); and published in the  \r\nPunjab Gazette (Extraordinary) dated 13.4.1983, pages 205-A to 205-B, s.2. \r\n4.  Management.– (1) The administration and management of the Corporation \r\nand its affairs shall vest in the Board which may exercise powers and do all acts and \r\nthings that may be exercised or done by the Corporation in accordance with the \r\nprovisions of this Act. \r\n(2)  The Board in discharging its functions, shall act on commercial and \r\nnational considerations and shall be guided by such directions as the Government \r\nmay give to it from time to time. \r\n(3)  Government may suspend the execution of any such  resolution or \r\norder of the Board as, in the opinion of Government, contravenes the directions \r\nmentioned in sub-section (2), or prohibit the doing of any act which is to be done or \r\nis being done in pursuance of the said resolution or order, or if the act h as been \r\naccomplished, order its rectification in such manner as may be directed. \r\n5. Board.– (1) Subject to the provisions of sub -section (2), the Board shall \r\nconsist of– \r\n(1) Minister for Industries, Government of the \r\nPunjab. \r\nChairman. \r\n(2) Additional Chief  Secretary, Planning and \r\nDevelopment Department, Government of the \r\nPunjab. \r\nMember. \r\n(3) Secretary, Industries Department, Government of \r\nthe Punjab. \r\nMember. \r\n(4) Secretary, Finance Department, Government of \r\nthe Punjab. \r\nMember. \r\n(5) Managing Director, Punjab Small Industries \r\nCorporation. \r\nMember. \r\n(6) Three non -official members \r\n3\r\n[including at least \r\none woman, if available]  to be nominated by the \r\nGovernment, one of whom at least shall be a \r\nBanker or a Chartered Accountant or a \r\nManagement Consultant. \r\nMembers. \r\n (2)  Government shall have the power to alter the membership of the Board \r\nas and when considered necessary. \r\n6.  Managing Director .– (1) Government shall appoint a Managing Director of \r\nthe Corporation who shall be its chief executive. \r\n(2)  The Managing Director shall– \r\n(a)  be a whole time officer of the Corporation; \r\n(b)  perform such duties as may be specified or as the Board may assign to \r\nhim; \r\n                                                           \r\n3Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 12.3.2014, pages 2733-2744, s.2 and Schedule, at serial No. 11. \r\n(c)  subject to the provisions of sections 8, 9 and 10, hold office as \r\nManaging Director for a term of three years and subject as aforesaid– \r\n(i)  shall remain in office as Managing Director thereafter until his \r\nsuccessor in that office is appointed; and \r\n(ii)  may be appointed to hold that office for such further term as \r\nGovernment may, in appointing thereto, determine; \r\n(d) receive such salary and allowances as Government may determine; \r\nand \r\n(e)  divest himself of any directorship of, or other interest held by him in, \r\nany other corporation, company or concern: \r\nProvided that nothing in this clause shall prevent the Managin g Director from \r\nholding shares in any public company acquired by him before his appointment as \r\nManaging Director, or acquiring during his term of office as Managing Director \r\nshares in any public company which is not a borrower: \r\nProvided further that Government may, in exceptional circumstances, where it \r\nconsiders necessary to do so in the public interest, exempt by a special order, any \r\nperson who has been appointed or is about to be appointed as Managing Director \r\nfrom the application of this clause. \r\n7.  Term of office of nominated members .– Subject to the provisions of \r\nsections 8, 9 and 10, a nominated Member shall hold office for such term, not \r\nexceeding three years, as may be determined by Government, and may be \r\nnominated thereafter for a further term or t erms of such duration as Government \r\nmay, in nominating him thereto, determine. \r\n8.  Disqualifications of Managing Director and nominated members .– No \r\nperson shall be appointed as Managing Director or nominated as Member, or as the \r\ncase may be, shall continue to be a Managing Director or Member, who– \r\n(a) is, or at any time has been, convicted of any offence involving moral \r\nturpitude; \r\n(b) is, or at any time has been, adjudged insolvent; \r\n(c)  is found a lunatic or becomes of unsound mind; \r\n(d)  is, or at any time has been, disqualified for appointment in or dismissed \r\nfrom the service of Pakistan; \r\n(e)  is under the age of twenty-one years; or \r\n(f) is not a citizen of Pakistan. \r\n9.  Removal of Managing Director or nominated members .– Government \r\nmay, by order in writi ng, remove the Managing Director or a nominated Mem ber, as \r\nthe case may be, if he:– \r\n(a)  refuses or fails to discharge or becomes, in the opinion of Government \r\nincapable of discharging his responsibilities under this Act; \r\n(b)  has, in the opinion of Govern ment, abused his position as Managing \r\nDirector or nominated Member; \r\n(c)  has knowingly acquired or continued to hold, without the permission in \r\nwriting of Government, directly or indirectly, or through a partner, any \r\nshare or interest in any contract or em ployment with, by or on behalf of \r\nthe Corporation, or in any property, which, in his knowledge, is likely to \r\nbenefit or has benefited as a result of the operations of the \r\nCorporation; \r\n(d)  has, in the opinion of Government, violated the declaration of fide lity \r\nand secrecy provided under section 12; or \r\n(e)  has, absented himself from three consecutive meetings of the Board \r\nwithout the leave of the Board. \r\n4\r\n[Provided that no order under this section shall be passed unless an \r\nopportunity of being heard is provided to the persons to be affected thereby.] \r\n10.  Resignation by or removal of the Managing Director or a nominated \r\nMember.– Notwithstanding anything contained in this Act, the Managing Director or \r\na nominated Member may, at any time before the expiry of hi s term, upon three \r\nmonths notice, resign his office, or upon similar notice, be removed from office by \r\nGovernment without assigning any reason: \r\nProvided that Government may, in case of Managing Director upon payment \r\nof three months salary and allowances in  lieu of the notice, remove him immediately \r\nwithout assigning any reason. \r\n11.  Appointment of officers, etc .– (1) The Corporation may, subject to such \r\ngeneral or special orders, as Government may give to it from time to time, appoint \r\nsuch officers, adviser s and employees, as it considers necessary for the efficient \r\nperformance of its functions, on such terms and conditions as it may deem fit. \r\n(2)  The Corporation shall appoint such officers, experts, advisers, \r\nconsultants and other persons as may be transfe rred to it by Government on such \r\nterms and conditions as may be determined by Government. \r\n12.  Declaration of fidelity and secrecy.– (1) Every Member, adviser, officer and \r\nother employee of the Corporation shall, before entering upon his office, make such \r\ndeclaration of fidelity and secrecy as may be specified. \r\n(2)  Any adviser, officer or other employee of the Corporation who, in the \r\nopinion of Government or a person authorised by Government in this behalf, has \r\nviolated the declaration of fidelity and secr ecy made by him under sub -section (1) \r\nshall be liable, after being given a reasonable opportunity of showing cause against \r\nthe action proposed to be taken with respect to him be forthwith removed from his \r\noffice or post. \r\n13.  Financial, technical and advis ory committees.– The Board may constitute \r\nsuch financial, technical and advisory committees as may be deemed necessary for \r\ncarrying out the purposes of this Act. \r\n                                                           \r\n4Added by the Punjab Small Industries Corporation (Amendment) Ordinance, 1985 (XXI of 1985); and published in the Gazette \r\nof Punjab (Extraordinary), dated 23.2.1985, s.2. \r\n14.  Immunity of the Corporation and its employees .– (1) Every Member, \r\nadviser, officer and em ployee of the Corporation shall be indemnified by the \r\nCorporation against all losses and expenses sustained or incurred by him in the \r\ndischarge of his duties, save such losses and expenses as are sustained and \r\nincurred as a result of his own willful act or default. \r\n(2)  The Managing Director shall not be personally responsible for the acts \r\nof any other Member, adviser, officer or employee of the Corporation which he could \r\nnot have reasonably prevented by the due exercise of his powers and functions \r\nunder th is Act and the rules and regulations made thereunder or for any loss or \r\nexpense resulting to the Corporation by reason of the insufficiency or deficiency in \r\nvalue of or title to any property or security acquired or taken on behalf of the \r\nCorporation, by the wrongful act of any person under a liability to the Corporation or \r\nanything done by him in good faith in execution of the duties of his office. \r\n15.  Delegation of powers .– The Board may, by general or special order, \r\ndelegate to the Managing Director, a Member, officer or employee of the Corporation \r\nany of its powers, duties or functions under this Act, the rules and regulations, \r\nsubject to such conditions as it may deem fit to impose. \r\n16. Meetings of the Board.– (1) The meetings of the Board shall be held  at such \r\ntimes and places as may be specified: \r\nProvided that at least one meeting shall be held during each quarter of the \r\nyear: \r\nProvided further that until regulations are made in this behalf, such meetings \r\nshall be held at such times and places as may be determined by the Chairman. \r\n(2)  The quorum required for transacting business at a meeting of the \r\nBoard shall be four. \r\n(3) Each Member, including the Chairman, shall have one vote but in the \r\nevent of equality of votes the Chairman shall have a casting vote. \r\n(4)  The meetings of the Board shall be presided over by the Chairman and \r\nin his absence by the \r\n5\r\n[Vice Chairman and in the absence of both the] senior most \r\nex-officio Member present at the meeting. \r\n(5)  No act or proceeding of the Board shall be invalid merely on the ground \r\nof the existence of any vacancy in, or any defect in the constitution of the Board. \r\n(6)  The minutes of every meeting, stating among other things, the names \r\nof the members present, shall be drawn up and recorded in a book to be kept f or the \r\npurpose and shall be signed by the person presiding over the meeting and such \r\nbook shall, at all reasonable times and without payment of any fee, be open to \r\ninspection by any Member. \r\n(7) If Government so directs in any case, the Managing Director sh all \r\nforward to it copies of all papers laid before the Board for consideration at a meeting. \r\n(8)  Government may require the Managing Director to furnish to it– \r\n                                                           \r\n5Inserted by the Punjab Small Industries Corporation (Amendment) Ordinance, 1999 (XXXVII of 1999); and published in the \r\nPunjab Gazette (Extraordinary), dated 27.7.1999, pages 893-894, s.2. \r\n(a)  any return, statement, estimate, statistics or other information \r\nregarding any matter under the control of the Corporation; \r\n(b)  a report on any such matter; or \r\n(c)  a copy of any document in his charge, and the Managing Director shall \r\ncomply with any such requisition without any undue delay. \r\n17.  Power of Board to associate other persons .– (1) The Board may associate \r\nwith itself, in such manner, on such terms and for such period as it may deem fit, any \r\nperson whose assistance or advice it may desire in carrying out any of the provisions \r\nof this Act. \r\n(2)  A person associated under sub -section (1) for any purpose shall have \r\na right to take part in the discussion relating to such purpose in the Board’s meeting \r\nbut shall not have a right to vote, and shall not be deemed to be a Member for that or \r\nany other purpose. \r\nCHAPTER III \r\nPOWERS, DUTIES AND FUNCTIONS OF THE CORPORATION \r\n18.  Functions of the Corporation.– (1) In accordance with the provisions of this \r\nAct, the Corporation shall take such measures as it deems fit to render assistance in \r\nthe establishment and development of small, cottage and other industries. \r\n(2)  In particular and without prejudice to the generality of the foregoing \r\nfunction, the Corporation may, in order to promote and carry out the purposes of this \r\nAct– \r\n(a)  give loans in cash, or in kind or in the form of buildings, developed \r\nplots of lands in the small industries estates or machinery and \r\nequipment on lease or on hire -purchase basis, to borrowers for the \r\npurpose of small, cottage and other industries; and \r\n(b)  furnish guarantees to the Scheduled Banks for the repayment of loans \r\nto borrowers for the development of industries and to share losses on \r\naccount of bad debts in accordance with the agreements executed or \r\nmade in this behalf between the Corporation and such Banks. \r\n(3)  The loans given under clause (a) or guaranteed under cl ause (b) of \r\nsub-section (2) shall be repayable within a period not exceeding twenty years. \r\n19.  Security for loans.– No loan shall be given by Corporation until it is secured \r\nby pledge, mortgage, hypothecation or assignment of such property, movable or \r\nimmovable, and of such value in proportion to the loan, as the Corporation may \r\ndeem fit: \r\nProvided that when the loan is given to an individual and does not exceed two \r\nthousand rupees in the aggregate, it may be secured by bond with at least two \r\nsolvent sureties. \r\n20.  Interest on loans, etc.– The rate of interest chargeable on loans given by the \r\nCorporation shall be determined and notified by Government from time to time. \r\n21.  Limit on loans, etc .– (1) The Corporation shall not give loan, make \r\nsubscription or f urnish guarantee to small or cottage industries located outside the \r\nsmall industries estates in excess of the following aggregate limits, namely:– \r\n(a) when made to an individual, rupees one lac; and \r\n(b)  when made to any borrower other than individual, rupees ten lacs. \r\n(2) The Corporation shall not give loans or furnish guarantees in case of \r\nindustries located in the small industries estates in excess of such limits as may be \r\nnotified by Government, from time to time. \r\n22.  Relaxation.– Government may, from time to time, on the recommendations of \r\nthe Corporation, relax the aggregate limits of loans, subscriptions, or guarantees, \r\nprovided under section 21. \r\n23.  Power to impose conditions .– At the time of settlement of any transaction, \r\nthe Corporation may attac h such conditions as it may deem necessary or expedient \r\nfor protecting its own interest and for securing that the loan, under -writing or other \r\naid shall be put to the best use. \r\n24.  Power to demand payment of entire sum .– (1) Notwithstanding anything to \r\nthe contrary contained in any agreement or law for the time being in force, if– \r\n(a)  it is found that the loan was obtained by information supplied by the \r\nborrower which was false or misleading in any material particular; \r\n(b)  the borrower is found to have c ommitted the breach of any term of his \r\nagreement with the Corporation relating to the loan; \r\n(c)  the loan or any part of  it is found to have been utiliz ed for a purpose \r\nother than for which it was given; \r\n(d)  there is reasonable apprehension that the borro wer will be unable to \r\npay his debt or may go into liquidation; \r\n(e)  the property pledged, mortgaged, hypothecated or assigned to the \r\nCorporation as security for the loan is not maintained in proper \r\ncondition by the borrower or the property has depreciated in value by \r\nmore than the prescribed percentage and the borrower is unable to \r\nfurnish additional security to the satisfaction of the Corporation; \r\n(f)  without the permission of the Corporation, machinery or other \r\nequipment is removed from the premises of t he borrower’s industrial \r\nestablishment without being adequately replaced; \r\n(g)  without the permission of the Corporation, the building, land or other \r\nproperty mortgaged as security for the loan is in any way disposed of \r\nor charged by the borrower, or for a ny other reason, it is necessary, in \r\nthe opinion of the Board, to do so in order to protect the interest of the \r\nCorporation; \r\nany officer authorised generally or specially in this behalf by the Board \r\nmay, by notice, call upon the borrower to pay up the enti re sum then \r\nremaining unpaid by the borrower, in respect of the loan and the \r\ninterest payable thereon or any lesser sum as the case may be, or \r\nrequire the borrower to surrender the building, machinery and \r\nequipment and other material given to him by way of  loan or require \r\nhim to comply with such directions as the Board may consider \r\nnecessary to give in order to safeguard the interest of the Corporation. \r\n(2)  The notice referred to in sub -section (1) shall indicate the time within \r\nwhich the borrower is requi red to make the payment or to surrender the factory \r\nbuilding, machinery and equipment and other material or to carry out the directions \r\ngiven and shall also contain a warning that if the borrower fails to pay the amount \r\ndemanded or to surrender factory bui lding, machinery and equipment and other \r\nmaterial or carry out the directions given, as the case may be, within the time \r\nindicated, the Board may issue a certificate declaring the borrower to be a defaulter \r\nand certifying the sum due from the borrower to b e recoverable as arrears of land \r\nrevenue. \r\n25.  Certification of sums recoverable .– (1) If the borrower fails to pay the \r\namount demanded or to carry out the directions given in the notice within the time \r\nindicated therein, the Board may issue a certificate in the prescribed form and \r\nmanner declaring the borrower to be a defaulter and certifying the aggregate sum, \r\nincluding interest, due to the Corporation from the borrower up to  the date of \r\nissuance of the certificate and mentioning the rate at which future interest shall be \r\npaid thereon. \r\n(2)  Subject to the provisions of sub -section (3), a certificate issued under \r\nsub-section (1) shall be conclusive evidence that the sums certified in the certificate, \r\ntogether with future interest to be determined at the rat e mentioned therein, are \r\nrecoverable by the Corporation from the borrower. \r\n(3)  The borrower may, within fifteen days of the issuance of a certificate \r\nunder sub -section (1), appeal to Government and thereupon Government may \r\ncancel or modify the certificate. \r\n(4)  Notwithstanding anything to the contrary contained in the agreement or \r\nin any law for the time being in force– \r\n(a) the Corporation shall have the option to recover the amount due from a \r\nborrower either from him or from his security and a certificate  issued \r\nunder sub-section (1) shall also be executable against the surety as if \r\nhe himself were the borrower; \r\n(b)  any transfer of property pledged, mortgaged, hypothecated or assigned \r\nby the borrower as security for the repayment of the loan, so long as \r\nthe loan or the interest thereon or any part thereof remains unpaid to \r\nthe Corporation, shall be void as against the Corporation and such \r\nproperty shall be liable to attachment and sale as if no such transfer \r\nhas taken place; \r\n(c)  where a loan has been adva nced in the form of building or machinery \r\nand equipment on hire purchase basis and the borrower has committed \r\na breach of the terms and conditions of the agreement or otherwise \r\nviolated any provision of this Act or failed to comply with a notice \r\nissued under sub-section (1), the Corporation shall be entitled to take \r\npossession of the building, machinery and equipment, as the case may \r\nbe; and \r\n(d)  all sums due to the Corporation from the borrower or any other person \r\nshall be recoverable as arrears of land revenue. \r\n26.  Loans in foreign currency .– (1) The Corporation may, with the previous \r\napproval of Government and the Government of Pakistan, and on such terms and \r\nconditions as may be approved by Government, borrow in foreign currency from the \r\nInternational Bank for Reconstruction and Development or other agencies, moneys \r\nrequired for the development of small, cottage and other industries. In the case of \r\nloan secured for the purpose of section 18, the Corporation may pledge, mortgage, \r\nhypothecate or assign to the said International Bank or other agency, as the case \r\nmay be, all or any part of security taken by the Corporation for the loan obtained in \r\nforeign currency. \r\n(2)  All loans obtained in foreign currency shall be repayable– \r\n(a)  in the currency in which they are obtained; \r\n(b)  in any other currency which is agreed upon by the loan -giving agency, \r\nGovernment and Government of Pakistan; or \r\n(c)  in Pakistan currency at the rate of exchange prevailing at the date of \r\nrepayment. \r\n27.  Other functions of the Corpor ation.– The Corporation shall also be \r\nresponsible for– \r\n(a)  preparing and submitting schemes to Government for the development \r\nof cottage, small and other industries including schemes for research \r\nand mechanization of such industries; \r\n(b)  giving effect to approved schemes; \r\n(c)  sponsoring industries to be set up in the small industries estates and \r\noutside the estates; \r\n(d)  taking over, implementing and running schemes, projects and training \r\ninstitutions, as may be transferred to the Corporation by Government; \r\n(e)  organizing co-operative societies in furtherance of the purposes of this \r\nAct; \r\n(f)  taking appropriate measures for integration of small industries with \r\nmedium and large industries; \r\n(g)  undertaking, census and survey of cottage, small and other industries; \r\n(h)  organizing trade associations and taking other appropriate measures \r\nfor promoting and marketing the products of cottage and small \r\nindustries; \r\n(i)  organizing fairs, pavilions, sales and display of products of cottage and \r\nsmall industries; \r\n(j)  establishing service centers and common facility centers for specific \r\nindustries or group of industries; \r\n(k)  establishing, in special cases and with the prior approval of \r\nGovernment, small and cottage industries in less developed areas; \r\n(l)  establishing small industries estates; \r\n(m)  establishing artisan colonies, design centers, workshops and institutes \r\nfor promotion and development of handicrafts; \r\n(n)  procuring and distributing raw material, machinery and spare parts to \r\ncottage and small industries; \r\n(o)  establishing institutes for promotion and development of cottage, small \r\nand other industries; \r\n(p)  maintaining and running depots for the supply of raw material and for \r\nthe purchase and sale of finished goods from cottage and small \r\nindustries and projects run by it; \r\n(q) introducing better means of production and new designs including \r\nproto-types; \r\n(r) formulating and implementing schemes for training to artisans and \r\nsmall industrialists; \r\n(s) arranging for gradation and standardization of products of sm all and \r\ncottage industries; \r\n(t)  working out entitlement to raw material of cottage, small and other \r\nindustries; \r\n(u)  sanctioning, balancing, modernizing, etc., of cottage, small and other \r\nindustrial units in accordance with the instructions of Government or in \r\nexercise of powers that may be delegated in this behalf by \r\nGovernment; and \r\n(v)  undertaking such other functions, measures or steps as may be \r\ndirected by Government. \r\n28.  Corporation to be deemed a Bank.– The Corporation shall be deemed to be \r\na Bank for the purposes of the Banker’s Books Evidence Act, 1891. \r\nCHAPTER IV \r\nFINANCES \r\n29.  Corporation funds .– (1) There shall be a fund to be known as the \r\n“Corporation Fund” vested in the Corporation, which shall be utilised by the \r\nCorporation to meet charges in  connection with its functions under this Act including \r\nsalaries and other remunerations of the Managing Director, officers and other \r\nemployees of the Corporation. \r\n(2)  The Corporation Fund shall consist of– \r\n(a) investment made by Government; \r\n(b) grants made by Government; \r\n(c)  revolving funds placed by the Government at the disposal of the \r\nCorporation for preparing feasibility studies for the scheme; \r\n(d) loans obtained from Government; \r\n(e) grants made by the Local Bodies; \r\n(f)   sale proceeds of raw material and finished goods; \r\n(g) loans obtained from the Scheduled Banks; \r\n(h)  foreign loans obtained by the Corporation; \r\n(i)  charges for the plots of land and other facilities provided in the small \r\nindustries estates; \r\n(j)  funds of the defunct West Pakistan Sma ll Industries Corporation to the \r\nextent such funds have been transferred to the Punjab Province in \r\naccordance with the provisions of the West Pakistan Small Industries \r\nCorporation (Dissolution) Ordinance, 1972; and \r\n(k)  all other sums received by the Corporation. \r\n30.  Corporation to be deemed a Local Body .– The Corporation shall be \r\ndeemed to be a Local Body under the Local Authorities Loans Act, 1914\r\n6\r\n for the \r\npurposes of borrowing money under the said Act and the making and execution of \r\nany scheme under thi s Act shall be deemed to be a work which such authority is \r\nlegally authorised to carry out. \r\n31.  Custody and investment of Corporation Fund.– (1) All moneys at the credit \r\nof the Corporation shall be kept in such manner as may be prescribed. \r\n(2)  Nothing in sub-section (1) shall be deemed to preclude the Corporation \r\nfrom investing any such moneys which are not required for immediate expenditure, \r\nin any of the securities described in section 20 of the Trusts Act, 1882\r\n7\r\n, in fixed \r\ndeposit with a bank approved b y Government or in such other manner as may be \r\napproved by Government. \r\n32.  Maintenance of accounts .– The Corporation shall maintain complete and \r\naccurate accounts in such manner as may be prescribed. \r\n33.  Auditors.– The accounts of the Corporation shall b e audited in such manner \r\nas may be directed by Government from time to time. \r\n34.  Reports to be furnished by Government .– (1) The Corporation shall furnish \r\nto Government, as far as possible, within four months of the close of each financial \r\nyear an audited  statement in the prescribed form of its assets and liabilities of \r\ncommercial undertakings and transactions as they stand at the close of that year, \r\ntogether with a profit and loss account for the year and a full report on the working of \r\nthe Corporation du ring the year, and copies of the said statements, account and \r\nreport shall be published in the official Gazette. \r\n(2)  The Corporation shall submit to Government its proposals for the \r\nensuing financial year at such time and in such manner as may be prescribed. \r\n \r\n \r\n                                                           \r\n6IX of 1914 \r\n7II of 1882 \r\nCHAPTER V \r\nTRANSFER OF ASSETS, PROJECTS, UNDERTAKINGS, LIABILITIES, \r\nEMPLOYEES, ETC., OF THE DEFUNCT WEST PAKISTAN SMALL INDUSTRIES \r\nCORPORATION. \r\n35.  Transfer of assets, etc., of the defunct West Pakistan Small Industries \r\nCorporation.–Notwithstanding any arrangement made by Government to administer \r\nthe business, projects, undertakings and properties of the defunct West Pakistan \r\nSmall Industries Corporation necessitated by the enforcement of the West Pakistan \r\nSmall Industries Corporation (Dissolution) Or dinance, 1972, as from the coming into \r\nforce of this Act– \r\n(a)  all business, projects, undertakings and properties of the defunct West \r\nPakistan Small Industries Corporation transferred to and vesting in the \r\nPunjab Province in accordance with the order made by the President in \r\npursuance of section 4 of the West Pakistan Small Industries \r\nCorporation (Dissolution) Ordinance, 1972, shall stand transferred to \r\nthe Corporation; \r\n(b)  all debts, liabilities and obligations incurred, contracts entered into, and \r\nmatters and things engaged to be done by, with or for, and all suits and \r\nother proceedings by or against the West Pakistan Small Industries \r\nCorporation to the extent such debts, liabilities, and obligations, stand \r\ntransferred to the Punjab Province in accordanc e with the President’s \r\nOrder referred to in clause (a) and in so far as the contracts, matters \r\nand things, suits and other proceedings arise out of the business, \r\nprojects, undertakings and properties so transferred to the Punjab \r\nProvince shall be deemed to  be debts, liabilities and obligations \r\nincurred, contracts entered into, or, as the case may be, matters and \r\nthings engaged to be done by, with or for, and suits and other \r\nproceedings by or against the Corporation.  \r\nExplanation.– The expressions “projects” , “under-takings” and “properties” as used \r\nin this section shall have the same meanings as assigned to them in the West \r\nPakistan Small Industries Corporation (Dissolution) Ordinance, 1972. \r\n36.  Officers and employees of the defunct West Pakistan Small Indu stries \r\nCorporation.– Officers and other employees of the defunct West Pakistan Small \r\nIndustries Corporation to be transferred to the Punjab Province in pursuance of the \r\nprovisions of S ection 5 of the West Pakistan Small Industries Corporation \r\n(Dissolution) Ordinance, 1972 may be appointed for service under the Corporation \r\non such terms and conditions as may be determined by Government. \r\nCHAPTER VI \r\nMISCELLANEOUS \r\n37. Winding up.– No provision of law relating to the winding up of companies and \r\ncorporations shall apply to the Corporation and the Corporation shall not be wound \r\nup except by an order of Government and in such manner as it may direct. \r\n38. Supplemental powers .– For the purposes of carrying into effect the \r\nprovisions of this Act  Government may, in such  manner as it may consider \r\nnecessary or expedient, provide for– \r\n(a)  the removal of difficulties arising out of, or in connection with the \r\ntransfer of assets and liabilities vesting in it, of the defunct West \r\nPakistan Small Industries Corporation; and \r\n(b)  other matters supplemental or incidental to or consequential upon the \r\ntransfer of such assets and liabilities. \r\n39.  Quarterly report by Managing Director .– The Managing Director shall \r\nregularly submit a quarterly report to the Board on the working of the Corporation. \r\n40.  Power to make rules .– (1) Government may, by notification in the official \r\nGazette, make rules for carrying out the purposes of this Act. \r\n(2) In particular and without prejudice to the generality of the foregoing \r\nprovision, such rules may provide for– \r\n(a) the manner and form of keeping the accounts of the Corporation; \r\n(b) recruitment of officers, advisers and other employees of the \r\nCorporation; \r\n(c)  terms and conditions of service of the officers, advisers and other \r\nemployees of the Corporation; \r\n(d) functions of the advisers; \r\n(e)  borrowings by the Corporation; \r\n(f)  the date on which and the form in which the annual budget statement \r\nof the Corporation is to be submitted each year; \r\n(g)  Procedure for appropriation and reappropriation of moneys at the credit \r\nof the Corporation; \r\n(h)  manner and form in which and the authorities to whom returns, reports \r\nor statements shall be submitted; \r\n(i)  investment of Corporation funds and surplus moneys; \r\n(j)  sale or transfer of industrial units and other im movable property of the \r\nCorporation; and \r\n(k)  such other matters relating to the administration and other affairs of the \r\nCorporation as Government may think fit to regulate by rules. \r\n41.  Power to make regulations.– (1) The Board may, with the previous app roval \r\nof Government, make regulations for all matters not provided for in the rules for \r\nwhich provision is necessary or expedient for carrying out the purposes of this Act \r\nand the rules. \r\n(2) In particular and without prejudice to the generality of the fore going \r\nprovisions, such regulations may specify for– \r\n(a)  meetings of the Board; \r\n(b)  constitution, power and terms and conditions of the committees; \r\n(c)  building bye -laws, agreements and lease deeds pertaining to small \r\nindustries estates; \r\n(d)  conditions subject to which the Corporation may grant loans; and \r\n(e)  manner and form of determining the sufficiency of security taken for \r\nloans or for granting loans. \r\n42.  Savings.– Notwithstanding the repeal of the West Pakistan Small Industries \r\nCorporation Ordinance, 1965 (W.P. Ordinance XXX of 1965), by the West Pakistan \r\nSmall Industries Corporation (Dissolution) Ordinance, 1972, any form, rule, \r\nregulation, or scheme made or issued under the repealed Ordinance, shall, so far as \r\nit is not inconsistent with the prov isions of this Act, continue in force and be deemed \r\nto have been made or issued under the provisions of this Act unless or until it is \r\nsuperseded by any form, rule, regulation or scheme made or issued under the \r\nprovisions of this Act. \r\n43.  Repeal and valid ation.– (1) The Punjab Ordinances Temporary Enactment \r\nAct, 1973, in so far as it enacts the provisions of the Punjab Small Industries \r\nCorporation Ordinance, 1972 (Punjab Ordinance No. XVIII of 1972), is hereby \r\nrepealed. \r\n(2)  Everything done, action taken or order made by the Government or the \r\nCorporation or the Chairman or the Managing Director or any officer of the \r\nCorporation in exercise of the powers vested in Government or the Corporation or \r\nthe Chairman or the Managing Director or any officer of the Co rporation, as the case \r\nmay be, under the Punjab Small Industries Corporation Ordinance, 1972 (Punjab \r\nOrdinance No. XVIII of 1972) and its provisions as enacted by the Punjab \r\nOrdinances Temporary Enactment Act, 1973, on or after the 9th October, 1972, and \r\nbefore the commencement of this Act, shall be deemed to have been validly done, \r\ntaken or made.",
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