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  "title": "PUNJAB HALAL DEVELOPMENT AGENCY ACT 2016",
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  "text": "THE PUNJAB HALAL DEVELOPMENT AGENCY ACT 2016 \r\n(LVI of 2016) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Establishment of the Agency \r\n4. Terms of office of members \r\n5. Removal of members \r\n6. Functions of the Agency \r\n7. Registrar \r\n8. Domestic Halal Certificate \r\n9. Certification of Inspection Bodies  \r\n10. Inspectors \r\n11. Authentication of orders and other instruments of the Agency \r\n12. Power to obtain information \r\n13. Duty of disclosure  \r\n14. Prohibition of improper use of Halal logo  \r\n15. Prohibition of use of certain name, mark or logo  \r\n16. Marketing of Halal products  \r\n17. Penalty \r\n18. Cognizance of offence  \r\n19. Appeals \r\n20. Appointment of officers, staff, etc  \r\n21. Members and officers etc. to be public servants \r\n22. Delegation of powers \r\n23. Fund \r\n \r\n \r\n24. Budget \r\n25. Audit and accounts \r\n26. Directions by the Government \r\n27. Protection of actions taken in good faith \r\n28. Reports \r\n29. Power to make rules \r\n30. Power to frame regulations \r\n31. Power to exempt \r\n32. Saving \r\n \r\n \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB HALAL DEVELOPMENT AGENCY ACT 2016 \r\n(LVI of 2016) \r\n[6th December 2016] \r\nAn \r\nAct \r\nto establish the Punjab Halal Development Agency to regulate and promote the trade \r\nof halal food and non-food products in the Punjab. \r\n It is necessary to establish Punjab Halal Development Agency to promote the \r\ntrade of halal food and non -food products, to regulate halal processes o f trade and \r\ncommerce in the Province and to ensure the implementation of uniform Halal \r\nStandards and directions of the Pakistan Halal Authority ; and, to deal with ancillary \r\nmatters. \r\nBe it enacted by Provincial Assembly of the Punjab as follows:– \r\n1. Short title, extent and commencement .– (1) This Act may be cited as the \r\nPunjab Halal Development Agency Act 2016. \r\n(2) It extends to whole of the Punjab. \r\n(3) It shall come into force on such date as the Government may, by \r\nnotification, specify and different dates may be so specified for different areas. \r\n2. Definitions.– (1) In this Act: \r\n(a) “Act” means the Punjab Halal Development Agency Act 2016; \r\n(b) “Accredited Body” means a body to which Pakistan National \r\nAccreditation Council has accorded formal recognition tha t the body is \r\ncompetent to carry out specified tasks; \r\n(c) “Agency” means the Punjab Halal Development Agency established \r\nunder section 3 of the Act; \r\n(d) “Authority” means the Pakistan Halal Authority established under the \r\nPakistan Halal Authority Act, 2016 (VIII of 2016);  \r\n(e) \"article\" means any substance, artificial or natural, or partly artificial and \r\npartly natural, whether partly or wholly processed, or a manufactured \r\nproduct, and any service or financial product offered to the public; \r\n(f) \"Chairperson\" means the Chairperson of the Agency; \r\n(g) “Domestic Halal Certificate” means the permit to use Halal logo issued \r\nby the Agency; \r\n(h) “food” includes every article manufactured, sold or represented for use \r\nas food or drink for human consumption or which ent ers into or is used \r\n                                                           \r\n1This Act was passed by the Provinc ial Assembly of the Punjab on 1  December 2016; assented to by the Governor of the \r\nPunjab on 5  December 2016; and, was published in the Punjab Ga zette (Extraordinary), dated: 6  December 2016, pp.2903-\r\n2910. \r\n \r\n \r\nin the composition, preparation, preservation of any food or drink and \r\nincludes confectionery, chewing substances and any ingredient of such \r\nfood, drink, confectionery or chewing substances; \r\n(i) “food premises” means the premises used f or, or in connection with, \r\npreparation, preservation, packaging, storage, conveyance, distribution \r\nor sale of any food or the re -labelling, reprocessing or reconditioning of \r\nany food;  \r\n(j) “Government” means Government of the Punjab; \r\n(k) \"halal\" means anyt hing which is not  haram or najis and is considered \r\nhalal by the laws of Islam;  \r\n(l) \"Halal Certificate\" means the certificate issued by the Agency to the \r\neffect that an article or process is in conformity with the Halal Standard \r\npertaining thereto, and aut horizing use of the Halal logo in respect \r\nthereof;  \r\n(m) \"Halal Certification\" means the entire process of conformity \r\nassessment including audit, inspection, testing, and evaluation to \r\nestablish that an article or process is in conformity with the Halal \r\nStandard, resulting in issue of a Halal Certificate; \r\n(n) “Inspection Body” means a person or body of persons certified by the \r\nAgency to act as Inspection Body under the Act; \r\n(o) “manufacturer” includes a person or entity who: \r\n(i) is in the business of manufac turing food or a product for purposes of \r\ntrade or commerce within the Province; \r\n(ii) labels food or a product as his own or who otherwise presents himself \r\nas the manufacturer of the food or product; \r\n(iii) as a seller, exercises control over the design, con struction or quality of \r\nthe food or a product that causes damage; \r\n(iv) assembles food or a product by incorporating into his product a \r\ncomponent or part manufactured by another manufacturer; and \r\n(v) is a seller of a food or product of a foreign manufacture r and assumes \r\nor administers warranty obligations of the product, or affiliated with the \r\nforeign manufacturer by way of partial or complete ownership control, \r\nor modifies or prepares a food or a product for sale or distribution; \r\n(p) \"prescribed\" means prescribed by the rules or regulations made under \r\nthe Act; \r\n(q) \"process\" means a series of steps for the production, manufacture or \r\ndevelopment of any article or system; \r\n(r) “product\" has the same meaning as assigned to the word \"goods\" in \r\nthe Sale of Goods Ac t, 1930 (III of 1930), and includes products which \r\nhave been subsequently incorporated into another product but does \r\nnot include animals or plants or natural fruits and other raw products, in \r\ntheir natural state, that are derived from animals or plants; \r\n(s) “Province” means Province of the Punjab; \r\n \r\n \r\n(t) “Registrar” means Registrar of the Agency; \r\n(u) \"regulations\" mean regulations framed under the Act; and \r\n(v) \"rules\" mean rules made under the Act. \r\n(2) A word or expression used in the Act but not defined herein shall have \r\nthe meaning assigned to it in the Pakistan Halal Authority Act, 2016 (VIII of 2016). \r\n3. Establishment of the Agency.– (1) The Government may, by notification \r\nin the official Gazette, establish the Punjab Halal Development Agency for \r\ncarrying out the purposes of this Act. \r\n (2) The Agency shall be a body corporate having perpetual \r\nsuccession and a common seal, with powers, subject to the provisions of the \r\nAct, to acquire and hold property, both movable and immovable, and shall by the \r\nsaid name sue and be sued. \r\n(3) The headquarters of the Agency shall be at Lahore and it may, with \r\nthe prior approval of the Government, set up offices at such other places as may be \r\nrequired. \r\n(4) The Agency shall consist of the Chairperson to be nominated by the \r\nGovernment and the following members: \r\n(a) Secretary to the Government, Auqaf and Religious Affairs \r\nDepartment; \r\n(b) Secretary to the Government, Industries, Commerce and Investment \r\nDepartment; \r\n(c) Secretary to the Government, Livestock and Dairy Development \r\nDepartment; \r\n(d) Secretary to the Government, Agriculture Department; \r\n(e) Secretary to the Government, Food Department; \r\n(f) six eminent citizens who have expertise in the field of food technology \r\nand nutrition sciences, pharmaceuticals, religious affairs  or poultry and \r\nlivestock industry to be nominated by the Government; and \r\n(g) Registrar (member/Secretary). \r\n(5) The Chairperson shall preside  the meetings of the Agency; but, in the \r\nabsence of the Chairperson, the members present at a meeting shall elect one of the \r\nmembers to preside that meeting. \r\n(6) No act or proceeding of the Agency shall be invalid merely on the \r\nground of existence of any vacancy or defect in the constitution of the Agency.  \r\n4. Terms of office of members. – (1) A member, other than an ex-officio \r\nmember, shall hold office for a period of three years from the date of assuming \r\noffice. \r\n(2) A member other than an ex-officio member may, at any time, resign \r\nhis office by writing under his hand addressed to the Government.  \r\n \r\n \r\n5. Removal of members. – The Gov ernment may, after affording an \r\nopportunity of hearing, remove a member, other than an ex-officio member, if he:  \r\n(a)  has been adjudged an undischarged insolvent; or  \r\n(b) has been convicted of an offence which involves moral turpitude; or \r\n(c) has become physically or mentally incapable of acting as a member; or \r\n(d) has abused his position as a member and rendered his continuance in \r\nthe office prejudicial to the public interest.  \r\n6. Functions of the Agency. – (1) The Agency shall generally assist the \r\nAuthority in the performance of its functions. \r\n(2) Without prejudice to the generality of the foregoing powers and subject \r\nto the provisions of this Act, the Agency shall: \r\n(a) maintain a continuing working relationship and coordinate with the \r\nAuthority, international  forums, entities and organizations to promote \r\nhalal concept and certification; \r\n(b) develop procedure and auditing system for implementation of Halal \r\nStandards and certification; \r\n(c) issue domestic halal certificate, certifying that the products listed are  \r\nHalal; \r\n(d) issue Halal License certifying that the plant, production facility, food \r\npremises, slaughterhouse or abattoir, or the establishment handling \r\nfood has been approved to produce, distribute or market halal food and \r\nthe items listed therein; \r\n(e) implement the certification process and procedure for the appointment \r\nof Inspection Bodies; \r\n(f) grant and revoke license of certified Inspection Bodies and maintain list \r\nof such bodies;  \r\n(g) maintain a register of all approved bodies to be called the Provinc ial \r\nRegister of the Halal approved bodies;  \r\n(h) authorize use of the halal logo by the halal certificate holders;  \r\n(i) recommend the Authority to suspend or revoke the halal certificate \r\nissued by the Authority for export or import or inter -provincial \r\ncommerce; \r\n(j) develop the capacity of all stakeholders for development of the Halal \r\nproducts and certification system through national and international \r\ncoordination and support; \r\n(k) arrange and conduct public awareness campaign for promotion of halal \r\nsector; and \r\n(l) perform such other functions as may be assigned by the Government. \r\n7. Registrar.– (1) There shall be a Registrar of the Agency who shall be the chief \r\nexecutive of the Agency and who shall be appointed by the Government on such \r\n \r\n \r\nterms and conditions a s are prescribed and until so prescribed as the Government \r\nmay determine. \r\n(2) The Registrar shall discharge such duties and perform such \r\nfunctions as are assigned to him by the Agency or Government.  \r\n8. Domestic Halal Certificate.– (1) A person or body may apply for: \r\n(a) Domestic Halal Certificate for its product;   \r\n(b) Halal Licence for plant production facility or abattoir; and \r\n(c) permission to use the Halal logo.  \r\n(2) An application for obtaining Domestic Halal Certificate shall be made to \r\nthe Agency in such form and be accompanied by such fee and shall contain such \r\ninformation as may be prescribed. \r\n(3) The Agency shall evaluate the application in accordance with the \r\nprescribed criteria and shall assign it to its Auditor and Shariah Department or to a \r\nLicensed Certified Inspection Body to audit the product or process or plant \r\nproduction facility or abattoir of the applicant as the case may be and shall submit \r\naudit report within the prescribed time. \r\n(4) On receipt of the report, t he Agency may issue the Do mestic Halal \r\nCertificate or Halal Licence subject to such conditions as may be prescribed and until \r\nso prescribed as the Agency may deem appropriate.  \r\n(5) The Domestic Halal Certificate or Halal Licence shall be valid for one \r\nyear and may be renewed by the Agency in the prescribed manner.  \r\n(6) An application for renewal of the Certificate shall be submitted to the \r\nAgency, at least, three months prior to the date of expiry of the Certificate or Halal \r\nLicence. \r\n(7) The body or person in whose name the Domestic  Halal Certificate or \r\nHalal Licence is registered shall keep the record of the business as mentioned in the \r\nAct or as prescribed and shall make such record available to any official authorised \r\nby the Agency or the Authority for purposes of implementation o f the provisions of \r\nthis Act or the Pakistan Halal Authority Act 2016(VIII of 2016). \r\n(8) If at any time, after issuance of the Domestic Halal Certificate or Halal \r\nLicence, the Agency is satisfied, either on a reference made to it in this behalf by any \r\nperson or otherwise, that: \r\n(a) the Halal business is not being conducted in accordance with the \r\nprovisions of the Act; or \r\n(b) the licence granted by it has been obtained by misrepresentation or \r\nsuppression of material facts; or \r\n(c) there is an adverse material change in the conditions in which the halal \r\nproducts are being processed, manufactured or made, \r\nthe Agency may order special inspection by the Inspector or by the Certified \r\nInspection Body who shall submit the inspection report and the Agency may, after \r\ngiving due notice and after affording an opportunity of hearing may cancel or \r\nsuspend the licence for such period as it may determine. \r\n \r\n \r\n(9) The Agency shall have the power to suspend the Domestic Halal \r\nCertificate or Halal Licence where the circumstances so warrant after obtaining \r\nspecial report and providing an opportunity of hearing to the holder of Domestic Halal \r\nCertificate or Halal Licence.   \r\n9. Certification of Inspection Bodies. – (1) A person or body may apply for a \r\nlicence to act as Certified Inspecti on Body by submitting an application and on \r\npayment of fee as may be prescribed by the Agency. \r\n(2) The Agency shall maintain a list of the Inspection Bodies in the \r\nprescribed manner. \r\n(3) If, at any time, after issuance of the licence to act as an  Inspection \r\nBody, the Agency is satisfied either on a reference made to it in this behalf or \r\notherwise, that: \r\n(a) the licence granted by it has been obtained by misrepresentation or \r\nsuppression of material facts; or \r\n(b) there is an adverse material change in the con ditions in which the \r\nlicence to act as Inspection Body was granted, \r\nthe Agency may, after giving due notice and after affording an opportunity of hearing, \r\ncancel or suspend the licence, as the case may be,  for the period it may deem \r\nappropriate. \r\n10. Inspectors.– (1) The Agency may appoint Inspectors, having the prescribed \r\nqualifications, for the purpose of enforcement of this Act or rules or regulations made \r\nthereunder. \r\n(2) Subject to the Act and rules or regulations, an Inspector shall have \r\npowers to: \r\n(a) inspect any operation carried on in connection with any article or \r\nproduct or action or process in relation to Halal Certification;  \r\n(b) take samples of any article, or of any material or substance used in any \r\narticle or process, in relation to which Halal logo has been used; \r\n(c) seize and detain for such time as may be necessary, any article to \r\nwhich he believes any provision of the Act has been contravened; and \r\n(d) stop, search or seize any transport vehicle in which he believes on \r\nreasonable ground that any article is being transported which does not \r\nconform to Halal Standards and certification. \r\n(3) Every Inspector, at the time of inspection, must hold the identification \r\ncard which shall be produced on demand. \r\n(4) A person who obstructs or impedes the per formance of duties by an \r\nInspector or an officer authorized by the Agency shall be guilty of an offence \r\npunishable under section 17 of the Act. \r\n(5) An article seized under subsection (2) may be kept or stored in the \r\npremises where it is seized or may be re moved to any other place or appropriately \r\ndisposed of in case of its perishable nature, or as an Inspector may deem \r\nappropriate. \r\n \r\n \r\n \r\n(6) The Inspector shall release any article seized by him under subsection \r\n(2) if he is satisfied that all the requirements of the Act stand complied with. \r\n(7) Any person who removes, alters, or interferes in any way with an article \r\nseized by an Inspector shall be guilty of an offence punishable under section 17 of \r\nthe Act. \r\n(8) A person who knowingly makes any false or misleading statement \r\neither verbally or in writing to the Agency or an Inspection Body or Inspector, \r\nengaged in carrying out duties under the Act, shall be guilty of an offence punishable \r\nunder section 17 of the Act. \r\n11. Authentication of orders and other instruments  of the Agency. – All \r\norders, decisions, instruments and notifications issued by the Agency shall be \r\nauthenticated with signatures of an officer or officers authorized by the Agency in \r\nthis behalf.  \r\n12. Power to obtain information. – Every holder of a Halal C ertificate or Halal \r\nLicense shall provide to the Agency such information and such samples of an article \r\nor material or substance used in relation to any article or process as the Agency may \r\nrequire. \r\n13. Duty of disclosure. – Every manufacturer of an article , food or a product \r\nshall, on the wrapper, bottle or container containing such article, food or product, \r\ndisclose its components, parts, ingredients, quality, date of manufacture, date of \r\nexpiry and the fact that the article, food or product is halal.  \r\n14. Prohibition of improper use of Halal logo. – No person shall use, in \r\nrelation to any article, product or process or in the title of any patent or in any \r\ntrademark or design, the Halal logo except  under the terms of a Domestic Halal \r\nCertificate or Halal Lice nce issued under this Act.  \r\n15. Prohibition of use of certain name, mark or logo. – No person shall, \r\nwithout the previous permission of the Agency, and subject to such conditions as \r\nthe Agency may impose, use, in any manner whatsoever, any name, mark or \r\nlogo which resembles the name, mark or logo of the Agency or contains an \r\nexpression or any abbreviation of such expression relating to Halal Standards \r\nrecognized by the Agency.  \r\n16. Marketing of Halal products. – No food or non -food product shall be \r\nmarketed or offered for sale with the description or representation of being a \r\nhalal article or product within the Province unless it bears the Halal logo of the \r\nAgency.  \r\n17. Penalty.– (1) A person who contravenes the provisions of the sections 13, \r\n14, 15 and 16 of thi s Act shall be punished with imprisonment of either \r\ndescription for a term which may extend to three years, or with a fine which may \r\nextend to one million rupees but which shall not be less than one hundred \r\nthousand rupees, or with both.  \r\n(2) A person who contravenes any of the provisions of this Act, or any \r\nrule made or notification issued thereunder shall, if no other penalty elsewhere \r\nis provided under the Act or any other law for the time being in force, be \r\n \r\n \r\npunished with imprisonment of either descripti on for a term which may extend to \r\none year, or with a fine up to five hundred thousand rupees but which shall not \r\nbe less than fifty thousand rupees, or with both.  \r\n(3) A court convicting a person under subsection (1) may direct that \r\nthe articles, in respec t of which the contravention is made, be forfeited to the \r\nGovernment.  \r\n18. Cognizance of offence. – (1) No court shall take cognizance of an offence \r\nunder this Act except on a complaint by an officer authorized by the Agency.  \r\n(2) No court inferior to that of  Magistrate of the First Class shall try an \r\noffence punishable under the Act. \r\n19. Appeals.– A person aggrieved by an order of the Agency may prefer an \r\nappeal to the Government within thirty days of the date of such order in the \r\nprescribed manner.  \r\n20. Appointment of officers, staff, etc. – (1) The Agency may, from time to \r\ntime, create posts and appoint such officers, staff, experts or consultants as it \r\nmay consider necessary for the performance of its functions, on such terms and \r\nconditions as may be prescrib ed but the appointment in basic pay scale 18 or \r\nabove shall be made with the previous approval of the Government.  \r\n(2) The officers of the Agency shall have such powers and shall perform \r\nsuch functions as may be assigned to them by the Agency, Chairperson or Registrar. \r\n21. Members and officers etc. to be public servants. – The Registrar, \r\nmembers, officers, staff, experts and consultants of the Agency shall, when acting \r\nor purporting to act in pursuance of any of the provisions of this Act, be deemed to \r\nbe pub lic servants within the meaning of section 21 of the Pakistan Penal Code, \r\n1860 (XLV of 1860).  \r\n22. Delegation of powers. – The Agency may, by a general or special order \r\nand subject to such conditions as it may deem appropriate, delegate to a member \r\nor an off icer any of its powers or functions under this Act.  \r\n23. Fund.– (1) The Agency shall create a  Fund to be known as the Punjab \r\nHalal Development Agency Fund.  \r\n(2) The Fund shall vest in, and be utilized by, the Agency to meet its \r\nexpenses in connection with th e performance of functions under this Act.  \r\n(3) The Fund shall consist of the following:  \r\n(a) grants made by the Federal Government or the Government;  \r\n(b) loans, aid, donations and contributions received from foreign \r\ngovernments, national or international ag encies and non -\r\ngovernmental and private organizations, with the approval of the \r\nGovernment; and  \r\n(c) fees and other income received by the Agency.  \r\n(4) All sums payable to the Agency may be recovered as arrears of \r\nland revenue under the Punjab Land Revenue A ct, 1967 (XVII of 1967). \r\n \r\n \r\n24. Budget.– The Agency shall, in respect of each financial year, submit for \r\napproval of Government, by such date as may be prescribed, a statement of the \r\nestimated receipts and expenditure, including requirements of foreign exchang e \r\nfor the next financial year.  \r\n25. Audit and accounts. – (1) The Agency shall maintain its accounts in such \r\nmanner as may be prescribed and until so prescribed as is applicable to a \r\nGovernment department. \r\n(2) The accounts of the Agency shall be audited ever y year by the Auditor \r\nGeneral of Pakistan.  \r\n26. Directions by the Government. – The Government may issue such \r\ndirections to the Agency as may be necessary to accomplish the objectives of \r\nthe Agency and the Agency shall comply with such directions.  \r\n27. Protection of actions taken in good faith. – No suit, prosecution or other \r\nlegal proceeding shall lie against the Government or the Agency or any person \r\nacting under authority of the Government or the Agency for anything which is in good \r\nfaith done or intended to  be done in pursuance of this Act or the rules or the \r\nregulations made thereunder. \r\n28. Reports.– (1) As soon as may be after the end of every financial year but \r\nbefore the last day of September, the Agency shall submit to the Government, a \r\nreport on the conduct of its affairs and its future plans. \r\n(2) The Government may, after giving sufficient notice, require the Agency \r\nto furnish any report, document, return, statement, estimate, statistics, or other \r\ninformation regarding any matter or subject concerning the Agency. \r\n29. Power to make rules. – The Government may, by notification in the official \r\nGazette, make rules for carrying out purposes of this Act. \r\n30. Power to frame regulations. – Subject to this Act and the rules, the Agency \r\nmay frame regulations to give effect to the provisions of the Act. \r\n31. Power to exempt .– The Government may, by notification in the official \r\nGazette, exempt any article or class of articles from operation of all or any of the \r\nprovisions of this Act. \r\n32. Saving.– The provisions of the  Act shall be in addition to and not in \r\nderogation of the Pakistan Halal Authority Act, 2016 (VIII of 2016).",
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