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  "title": "PUNJAB LIVESTOCK, DAIRY AND POULTRY DEVELOPMENT BOARD ACT, 1974",
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  "text": "THE PUNJAB LIVESTOCK, DAIRY AND POULTRY \r\nDEVELOPMENT BOARD ACT, 1974 \r\n(III of 1974) \r\nCONTENTS \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement \r\n2. Definitions \r\nCHAPTER II \r\nCONSTITUTION OF THE BOARD \r\n3. Constitution of the Board \r\n4. Management \r\n5. Board of Directors \r\n6. Managing Director \r\n7. Non-official Directors \r\n8. Appointment of officers, etc. \r\n9. Constitution of Committees \r\n10. Immunity of the Board and its employees \r\n11. Delegation of powers \r\n12. Power of Board to associate other persons \r\nCHAPTER III \r\nPOWERS, DUTIES AND FUNCTIONS OF THE BOARD \r\n13. Powers, duties and functions of the Board \r\n14. Loans \r\n15. Board Fund \r\n16. Project Fund \r\n17. Board to be deemed a local authority \r\n18. Custody and investment of Livestock, Dairy and Poultry Development \r\nFund \r\n19. Maintenance of accounts \r\n20. Audit of accounts \r\n21. Reports to be furnished to Government \r\n22. Winding up of companies \r\n23. Disposal of rights, properties, assets, etc. \r\n24. Power to make rules \r\n25. Power to make regulations \r\n26. Repeal \r\nSCHEDULE \r\nTEXT \r\n1\r\nTHE PUNJAB LIVESTOCK, DAIRY AND POULTRY DEVELOPMENT \r\nBOARD ACT, 1974 \r\n(III of 1974) \r\n[1st February, 1974] \r\nAn \r\nAct \r\nto provide for the establishment of Livestock, Dairy and Poultry Development Board \r\nin the Punjab. \r\nPreamble.– WHEREAS it is expedient to make provision for the establishment of a \r\nLivestock, Dairy and Poultry Development Board in the Punjab to establish, manage, \r\ncontrol and run livestock, dairy, poultry and other allied projects in the public sector; \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 Livestock, Dairy and Poultry Development Board Act, 1974. \r\n(2) It shall extend to the whole of the Province of the Punjab and shall \r\ncome into force at once. \r\n(3) It shall apply to all projects in the public sector mentioned in the \r\nSchedule. \r\n(4) Government may, at any time, by notification in the official Gazette, \r\nadd to or delete from the projects mentioned in the Schedule. \r\n2. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext– \r\n(a) “Board” means the Punj ab Livestock, Dairy and Poultry Development \r\nBoard; \r\n(b) “Board of Directors” means the Board of Directors of the Board; \r\n(c) “Chairman” means the Chairman of the Board; \r\n(d) “Company” means a company as defined in the Companies Act, 1913, \r\nand promoted and est ablished by the Board for managing and running \r\none or more of the projects; \r\n(e) “Director” means Director of the Board and includes the Managing \r\nDirector; \r\n(f) “Government” means Government of the Punjab; \r\n                                                           \r\n1This act was passed by the assembly on 30 th march assented by the Governor of the Punjab on 1 st February, 1974: and, \r\npublished in the Punjab gazette (extraordinary), dated 1st February, 1974 pages 117-AJ. \r\n(g) “project” means a project mentioned in the Schedule; \r\n(h) “Managing Director” means the Managing Director of Board; \r\n(i) “Prescribed” means prescribed by rules; \r\n(j) “Regulations” means regulations made under this Act; \r\n(k) “Rules” means rules made under this Act; \r\n(l) “Schedule” means the schedule to this Act; \r\n(m) “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; and \r\n(n) “specified” means specified by regulations. \r\nCHAPTER II \r\nCONSTITUTION OF THE BOARD \r\n3. Constitution of the Board. – (1) There shall be established a Board to be \r\nknown as the Punjab Livestock, Dairy and Poultry Development Board. \r\n(2) The Board shall be a body corporate and shall have the power to \r\nacquire and hold property, both mova ble and immovable and shall have perpetual \r\nsuccession and a common seal and shall by the said name sue and be sued. \r\n(3) The Head Office of the Board shall be at the place as may be notified \r\nby the Government in the official Gazette. \r\n4. Management.– (1) The administration and management of the Board and its \r\naffairs shall vest in the Board of Directors constituted under section 5, which may \r\nexercise all powers and do all such acts and things as may be exercised or done by \r\nthe Board in accordance with the provisions of this Act. \r\n(2) The Board shall, in discharging its functions, act on national and \r\ncommercial considerations subject to such directions as Government may give to it \r\nfrom 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 provisions of the \r\nAct or the rules or regulations made thereunder, or the directions mentioned in sub -\r\nsection (2), or prohibit the doing of any act which is being done in pursuance of th e \r\nsaid resolution or order, or, if the act has been accomplished, order its rectification in \r\nsuch manner as may be directed. \r\n2\r\n[5. Board of Directors.– (1) The Board shall consist of– \r\n(a) Minister for Livestock and Dairy Development, Government of the \r\nPunjab Chairman. \r\n(b) Additional Chief Secretary, Government of the Punjab, Planning and \r\nDevelopment Department Director. \r\n                                                           \r\n2Substituted by the Punjab Livestock, Dairy and Poultry Development Board (Amendment) Act, 1977  (XII of 1977); and \r\npublished in the Punjab Gazette, dated 21.6.1977, pages 857-M to 857-O, s.2.   \r\n(c) Chief Land Commissioner Director. \r\n(d) Secretary to Government of the Punjab, Finance Department Director. \r\n(e) Secretary to Government of  the Punjab, Director.  Agriculture \r\nDepartment \r\n(f) Secretary to Government of the Punjab, Livestock, Fisheries and Dairy \r\nDevelopment Department Director. \r\n(g) Non-official members not less than four in number to be appointed by \r\nthe Government Directors. \r\n(h) Managing Director Director. \r\n(2) The Managing Director shall be appointed by the Government and \r\nshall be ex-officio Secretary of the Board of Directors. \r\n(3) Government may, by notification in the Official Gazette, alter the \r\nmembership of the Board or increase or decrease the number of Directors.] \r\n6. Managing Director.– (1) The Managing Director shall be the Chief Executive \r\nof the Board and shall– \r\n(a) be a whole -time officer of the Board unless Government directs \r\notherwise; \r\n(b) perform such duties as may be specified or as may be assigned to him; \r\n(c) hold office as Managing Director for a period of three years; and \r\n(d) receive such salary and allowances as the Government may \r\ndetermine. \r\n(2) Nothing in this section shall preclude the Government from extending \r\nthe term of office of the Managing Director for such period as Government may \r\ndetermine. \r\n(3) Notwithstanding anything contained in this Act, the Managing Director \r\nmay, at any time before the expiry of his term and upon one month’s notice, resign \r\nhis office or, upon similar notice or one month’s pay in lieu thereof, be removed from \r\noffice by the Government. \r\n7. Non-official Directors.– (1) Non-official Directors shall hold office for a period \r\nof two years. \r\n(2) Government may in its discretion remove any non -official Director \r\nbefore the expiry of his term without assigning any reason. \r\n8. Appointment of officers, etc. – The Board may appoint such officers, \r\nadvisers, experts, consultants, and employees, as it considers necessary for the \r\nefficient performance of its functions on such terms and conditions as it may deem \r\nfit, subject to such general or special directions as the Government may give to it \r\nfrom time to time in this behalf. \r\n9. Constitution of Committees.– The Board may constitute such committees \r\nas may be deemed necessary for carrying out the purposes of this Act. \r\n10. Immunity of the Board and its employees. – Every Director, Adviser, \r\nOfficer, Expert Consultant and employee of the Board shall be indemnified by the \r\nBoard against all losses and expenses sustain ed or incurred by him in the discharge \r\nof the duties of his office, save such losses and expenses as are sustained and \r\nincurred as a result of his own wilful act or default. \r\n11. Delegation of powers. – The Board may, by general or special order, \r\ndelegate to the Chairman, Managing Director, Directors, Advisers, Officers, Experts, \r\nConsultants or employees of the Board or the Committees constituted under section \r\n9, any of its powers, duties or functions under this Act and the rules and regulations \r\nmade thereunder subject to such conditions as it may deem fit to impose. \r\n12. Power of Board to associate other persons. – (1) The Board of Directors \r\nmay associate with itself, in such manner, on such terms and for such period as it \r\nmay deem fit, any person whose assista nce or advice it may desire in carrying out \r\nany of the provisions of this Act. \r\n(2) A person associated under sub -section (1) for any purpose shall have \r\nright to take part in the discussion relating to such purpose in the meetings of the \r\nBoard but shall not  have right to vote , and shall not be deemed to be a Director for \r\nthat or any other purpose. \r\nCHAPTER III \r\nPOWERS, DUTIES AND FUNCTIONS OF THE BOARD \r\n13. Powers, duties and functions of the Board. – (1) In accordance with the \r\nprovisions of this Act, and subjec t to such general or special order as Government \r\nmay give from time to time, the Board shall take measures to establish, manage and \r\nrun any of the projects mentioned in the Schedule. \r\n(2) In particular the Board may, in order to carry out the purposes of th is \r\nAct– \r\n(a) form and establish companies in respect of any of the projects \r\nmentioned in the schedule; \r\n(b) manage on behalf of Government the shares held by Government in \r\nthe issued capital of the companies referred to at (a) above; \r\n(c) subscribe to the cap ital of the companies to such extent as may be \r\nnecessary; \r\n(d) act as Managing Agents of the companies established by the Board; \r\nand \r\n(e) give short and long -term loans or furnish guarantees to the scheduled \r\nbanks for loans to the companies established by the Board. \r\n(3) The Board shall also be responsible for– \r\n(a) preparing plans in respect of the projects mentioned in the schedule; \r\n(b) undertaking or causing to be undertaken studies to determine the \r\neconomic and technical feasibility of  the projects mentione d in the \r\nschedule; \r\n(c) presenting to Government for its approval schemes in respect of  the \r\nprojects mentioned in the schedule; \r\n(d) implementing and executing schemes approved by Government; \r\n(e) participating in national and international fairs and exhibitions; \r\n(f) managing, on behalf of Government, on such terms and conditions as \r\nthe Government may specify, such forms, projects and activities as the \r\nGovernment may, from time to time, decide to hand over to the Board; \r\nand \r\n(g) undertaking such other functions  as are necessary in the successful \r\nexecution and management of the projects mentioned in the Schedule. \r\n(4) The Board may, subject to such general or special directions as the \r\nGovernment may give to it from time to time, assist and encourage the private se ctor \r\nin establishing and running any of the projects mentioned in the Schedule. \r\n14. Loans.– The Board may negotiate and obtain for its projects and companies \r\nestablished under section 13 of this Act loans in local and foreign currency from the \r\nlocal or the international financing institutions: \r\nProvided that in the case of loans from international financing institutions, the \r\nBoard shall act with the prior approval of Government. \r\n15. Board Fund.– (1) There shall be a fund to be known as the Punjab Livestock, \r\nDairy and Poultry Development Board Fund which shall vest in the Board and which \r\nshall be utilized by the Board to meet expenses in connection with its functions under \r\nthis Act including salaries and other remunerations of the Chairman, Directors, \r\nAdvisers, Experts, Consultants, Officers and other employees of the Board. \r\n(2) The Punjab Livestock, Dairy and Poultry Development Board Fund \r\nshall consist of– \r\n(a) investment made by Government; \r\n(b) grants made by Government; \r\n(c) loans obtained from Government; \r\n(d) charges for the management of projects under the direct control of the \r\nBoard; \r\n(e) managing agency commission in respect of companies managed by \r\nthe Board; \r\n(f) loans obtained from the scheduled banks; \r\n(g) foreign loans obtained by the Board; \r\n(h) grants, t echnical and financial assistance received from international \r\nagencies and on bilateral basis from other countries; and \r\n(i) all other sums received by the Board. \r\n16. Project Fund. – (1) There shall be a fund for each project known as the \r\nProject Fund which shall be operated by such persons as may be appointed by the \r\nBoard. The expenditure chargeable to each such fund and the sources of receipts \r\nand income thereto shall be as determined by the Board. \r\n(2) The Board may, at its discretion, transfer any part of any project fund to \r\nthe Punjab Livestock, Dairy and Poultry Development Board Fund. \r\n17. Board to be deemed a local authority. – The Board shall be deemed to be a \r\nlocal authority under the Local Authorities Loans Act, 1914, for the purposes of \r\nborrowing money under the said Act and the making and execution of any scheme \r\nunder this Act shall be deemed to be a work which such authority is legally \r\nauthorised to carry out. \r\n18. Custody and investment of Livestock, Dairy and Poultry Development \r\nFund.– All moneys at the credit of the Board shall be kept in such manner as may be \r\nprescribed. \r\n19. Maintenance of accounts.– The Board shall maintain complete and accurate \r\naccounts in such manner as may be prescribed. \r\n20. Audit of accounts. – The accounts of the Board shall b e audited in such \r\nmanner as may be directed by Government. \r\n21. Reports to be furnished to Government. – The Board shall furnish to \r\nGovernment such reports, returns, statements, etc. as required by Government from \r\ntime to time. \r\n22. Winding up of companies. – (1) No provision of law relating to winding up of \r\nthe companies shall apply to the Board. \r\n(2) When, in the opinion of Government, it is expedient that the Board shall \r\ncease to exist, Government may, by notification in the official Gazette, declare that \r\nthe Board shall be dissolved from such date as may be specified in this behalf in the \r\nnotification and the Board shall be deemed to have been dissolved accordingly and \r\nfrom such date– \r\n(a) all properties, funds and dues which are vested in or realisable by the  \r\nBoard shall vest in and be realisable by an Administrator or any other \r\nofficer appointed by Government in this behalf; \r\n(b) all liabilities which are enforceable against the Board shall be \r\nenforceable only against the Administrator or any other officer \r\nappointed by Government in this behalf; \r\n(c) for the purpose of completing the execution of any scheme, sanctioned \r\nunder this Act which has not been fully executed by the Board and of \r\nrealising properties, funds and dues referred to in clause (a) the \r\nfunctions of Board under this Act shall be discharged by the \r\nAdministrator or any other officer appointed by Government in this \r\nbehalf; \r\n(d) the Administrator or any other officer appointed by Government shall \r\nkeep separate accounts of all moneys respectively receiv ed and \r\nexpended by him under this Act, until all loans raised hereunder have \r\nbeen repaid and until all liabilities referred to in clause (b) have been \r\nduly met; and \r\n(e) the Administrator or any other officer appointed by Government in this \r\nbehalf shall hav e power to dispose of the properties, assets, rights, \r\netc., of the Board in such manner as Government may direct from time \r\nto time. \r\n(3) Any properties and assets left over after all the liabilities of the Board \r\nhave been discharged shall vest in Government  and all liabilities left undischarged \r\nafter all the properties and assets of the Board have been disposed of, shall become \r\nthe liabilities of Government. \r\n(4) The Administrator or any other officer appointed by Government in this \r\nbehalf may delegate any of  his powers under this section to any officer of \r\nGovernment to such extent and on such terms and conditions as may be approved \r\nby Government. \r\n23. Disposal of rights, properties, assets, etc. – Whenever in the opinion of the \r\nBoard it is expedient that any pr oject or company should be wound up or disposed \r\nof, the Board shall have powers to dispose of its rights, properties, assets and \r\nliabilities in any such project or company either in whole or in part in such manner as \r\nit deems fit subject to such directions  as Government may give to it from time to \r\ntime. \r\n24. Power to make rules. – (1) Government may make rules for carrying out the \r\npurposes of this Act. \r\n(2) In particular and without prejudice to generality of the foregoing powers \r\nsuch rules may provide for– \r\n(a) the manner and form of keeping the accounts of the Board; \r\n(b) recruitment of officers, advisers, consultants, experts and other \r\nemployees of the Board; \r\n(c) terms and conditions of service of the officers, advisers, consultants, \r\nexperts, and other employees of the Board; \r\n(d) functions of the Advisers; \r\n(e) borrowing by the Board; \r\n(f) the date on which and the form in which the annual budget statement \r\nof the Board shall be submitted each year; \r\n(g) procedure for appropriation and re -appropriation of moneys at  the \r\ncredit of the Board; \r\n(h) manner and form in which and the authorities to whom returns, reports \r\nand statements shall be submitted; \r\n(i) investment of Board Funds and surplus moneys; \r\n(j) sale or transfer of farms, projects or industries and other immovab le \r\nproperty of the Board; and \r\n(k) such other matters relating to the administration and other affairs of the \r\nBoard as the Government may think fit to prescribe by rules. \r\n25. Power to make regulations. – The Board may, with the previous approval of \r\nGovernment, make regulations for all matters not provided for in the rules for which \r\nprovision is necessary or expedient for carrying out the purposes of this Act and the \r\nrules. \r\n26. Repeal.– The Punjab Livestock Dairy and Poultry Development Board \r\nOrdinance, 1973 (Punjab Ordinance No. XXI of 1973), is hereby repealed. \r\nSCHEDULE \r\n1. Livestock Farms. \r\n2. Stud Farms. \r\n3. Poultry Farms. \r\n4. Dairy Farms. \r\n5. Dairy plants including milk collection and chilling centres. \r\n6. Feed mills. \r\n7. Slaughter Houses. \r\n8. Poultry processing, deep freezing and storing plants. \r\n9. Quality testing laboratories for feed/livestock products. \r\n10. Whole-sale and retail marketing and agencies of products of Livestock, Dairy \r\nand Poultry Development Projects.",
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