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PUNJAB SEIZED AND FREEZED FACILITIES (HOSPITALS AND DISPENSARIES) ACT 2019

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PUNJAB SEIZED AND FREEZED FACILITIES (HOSPITALS AND DISPENSARIES) ACT 2019 (XXII of 2019)

TEXT 1PUNJAB SEIZED AND FREEZED FACILITIES (HOSPITALS AND DISPENSARIES) ACT 2019 (XXII of 2019)

[13th December, 2019] An Act to establish the Hospitals and Dispensaries Management Board in the Punjab. It is necessary to establish the Hospitals and Dispensaries Management Board; to manage the seized and freezed Facilities; to ensure mainstreaming of employees of such Facilities; and to provide for the matters connected therewith and ancillary thereto. Be it enacted by Provincial Assembly of the Punjab as follows:

Section 1. Short title, extent and commencement

(1) This Act may be cited as the Punjab Seized and Freezed Facilities (Hospitals and Dispensaries) Act 2019.

(2) It extends to whole of the Punjab and shall apply to such Facilities as may be notified by the Government.

(3) It shall come into force from such date as the Government may, by notification in the official Gazette, specify.

Section 2. Definitions

In this Act:

(a) “Act” means the Punjab Seized and Freezed Facilities (Hospitals and Dispensaries) Act 2019;

(b) “Board” means the Board constituted under section 3 of the Act;

(c) “Chairperson” means the Chairperson of the Board; (d “Committee” means a Committee constituted by the Board under the Act;

(e) “Directorate” means the Directorate established under section 7 of the Act;

(f) “Government” means Government of the Punjab;

(g) “Facilities” means the hospitals, dispensaries, and ambulances freezed and seized under section 2 of the United Nations (Security Council) Act 1948 (XIV of 1948) read with the United Nations Security Council (Freezing and Seizure) Order 2019, published in the Gazette of Pakistan on 4 March 2019, and any other Facility notified by the Government under the Act and includes an establishment, a property or an organization attached thereto;

(h) “member” means a member of the Board;

1This Act was passed by Provincial Assembly of the Punjab on 20 November 2019; assented to by the Governor of the Punjab on 10 December 2019; and, was published in the Punjab Gazette (Extraordinary), dated: 13 December 2019, pp.2531-2540

(i) “prescribed” means prescribed by the rules made or the regulations framed under the Act;

(j) “regulations” means the regulations framed by the Board under the Act;

(k) “rules” means the rules made by the Board under the Act; and

(l) “seizing agency” means a seizing agency notified under section 2 of the United Nations (Security Council) Act 1948 (XIV of

1948) read with the United Nations Security Council (Freezing and Seizure) Order 2019, published in the Gazette of Pakistan on 4 March 2019.

Section 3. Board

(1) For the efficient management and control of the Facilities, the Government shall, by notification in the official Gazette, constitute a Board to be known as Hospitals and Dispensaries Management Board.

(2) The Board shall be a body corporate, shall have perpetual succession and a common seal, with power to enter into contracts and to acquire, hold and dispose of property, movable and immovable, and shall in its name sue and be sued.

(3) The Board shall consist of the following:

(a) Secretary to the Government, Primary and Secondary Healthcare Department;

Chairperson

(b) Secretary to the Government, Finance Department or his nominee not below the rank of an Additional Secretary;

Vice Chairperson

(c) Secretary to the Government, Law and Parliamentary Affairs Department or his nominee not below the rank of an Additional Secretary;

member

(d) Secretary to the Government (Regulations Wing), Services and General Administration Department or his nominee not below the rank of an Additional Secretary;

member

(e) Special Secretary to the Government, Home Department or his nominee not below the rank of an Additional Secretary; member

(f) three non-official members, including at least one woman, to be nominated by the Chief Minister Punjab; and members

(g) Director of the Directorate. member/Secretary

(4) The non-official members shall have such qualification and experience and shall serve for such period as may be prescribed through regulations.

Section 4. Removal of non-official members

The Chief Minister may remove any non-official member before the expiry of his term without assigning any reason thereof.

Section 5. Meetings of the Board.‎

‎ The meetings of the Board shall be held at such time and at such place and in accordance with such procedure as may be prescribed by the regulations.

Section 6. Powers of the Board.‎

‎ Subject to the provisions of the Act, the Board shall have the powers to:

(a) acquire and dispose of a property and to enter into contracts;

(b) recruit and determine terms and conditions of employees of the Facilities, including special dispensation if required;

(c) formulate the budget of the Facilities;

(d) lay down the procedure for the conduct of its business;

(e) set up any Committee as may be required for carrying out the purposes of the Act;

(f) hire the services of employees belonging to the other Provinces as one-time dispensation only; and

(g) delegate powers to the Chairperson, a Committee set up under the Act or any employee of the Board, except power to make rules or frame regulations.

Section 7. Establishment of the Directorate.‎

‎ (1) The Government shall, by notification in the official Gazette, establish a Directorate headed by Director having such number of employees on such terms and conditions as the Board may determine through regulations.

(2) The Directorate shall be managed and controlled by the Board in such manner as may be prescribed.

(3) The Directorate shall manage the properties of the Facilities and affairs of the employees of these Facilities, as may be prescribed through regulations.

Section 8. Transitional provisions for employees of the Facilities.‎

‎ Any person, not below the age of eighteen years, employed in connection with the affairs of the Facilities, in any capacity immediately before the date notified under the Act, hereinafter referred to as the “said date”, shall be deemed to have been the employees of the Board on such terms and conditions as the Board may determine:

Provided that such terms and conditions shall not be less favorable than those admissible to an employee immediately before coming into force of the Act:

Provided further that no such employee shall be dismissed or removed from employment or reduced in rank by any authority other than the Board.

Section 9. Properties.‎

‎ (1) All liabilities of the Facilities on the said date shall stand transferred to the Board.

(2) All properties, movable or immovable, owned by a Facility shall vest in the Board:

Provided that where a property is not owned by a Facility, such property shall be managed and controlled by the Board.

Section 10. Board Fund.‎

‎ (1) There shall be a fund to be known as Board Fund.

(2) The Board Fund shall consist of:

(a) grants-in-aid made by the Government;

(b) loans obtained from the Government;

(c) aid and loans obtained by the Board with the prior approval of Government on such terms and conditions as may be approved by the Government; and

(d) fees and other sums received by the Board.

(3) All moneys at the credit of the Board shall be kept in such manner as may be prescribed.

(4) The Board Fund shall be utilized by the Board in connection with its functions under the Act, including the payment of salaries and other remunerations of the employees of the Board and payment of rents and utilities.

Section 11. Maintenance of accounts.‎

‎ The Board shall maintain complete and accurate books of accounts in such form and manner as may be prescribed.

Section 12. Annual Financial Statement.‎

‎ The Board shall submit a statement of estimated receipts and expenditure in respect of the next financial year to the Government for approval, at such time and in such manner as may be prescribed and the Board shall give effect to any modification made therein by the Government.

Section 13. Returns and statements.‎

‎ (1) As soon as may be after the close of every financial year but not later than the last day of September next following, the Board shall submit to the Government for approval a report on the conduct of its affairs for that year.

(2) The Government may direct the Board to furnish:

(a) any return, statement, estimate, statistics or other information or report regarding any matter under the control of the Board; or

(b) a copy of any document in the custody of the Board, and the Board shall comply with every such direction.

Section 14. Audit.‎

‎ The accounts of the Board shall be audited in such manner as may be prescribed.

Section 15. Chairperson, members, employees to be public servants.‎

‎ The Chairperson and members of the Board, members of any of a Committee constituted under the Act and the employees of the Board shall be deemed to be public servants within the meanings of section 21 of the Pakistan Penal Code 1860 (XLV of 1860).

Section 16. Powers to make rules.‎

‎ (1) The Board may, with prior approval of the Government, make rules for carrying out the purposes of the Act.

(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for:

(a) forms and registers for keeping the accounts of the Facilities;

(b) time and manner of submission of annual financial statement to the Government for approval;

(c) returns, statements, estimates, statistics, information or reports for submission to the Government;

(d) manner in which the accounts of the Board shall be audited;

(e) manner in which Board Fund shall be kept; and

(f) any other matter under the provisions of the Act.

Section 17. Regulations.‎

‎ (1) The Board may frame regulations, not inconsistent with the provisions of the Act and the rules to carry out the purposes of the Act.

(2) Without prejudice to the generality of the foregoing powers, such regulations may provide for:

(a) schedule of meetings of the Board and the procedure to be followed in such meetings;

(b) circumstances in which an ordinary or special meeting may be convened;

(c) manner in which the minutes shall be circulated and confirmed;

(d) powers to be exercised and functions to be performed by a Committee;

(e) terms and conditions of employment of employees of the Board;

(f) delegation of administrative and financial powers to the Directorate, a Committee or an employee of the Board;

(g) manner in which the Board Fund shall be disbursed;

(h) procurement of goods and services; and

(i) any other matter within the scope of the Act.

Section 18. Overriding effect.‎

‎ The provisions of the Punjab Civil Servants Act 1974 (VIII of 1974) and the Punjab Regularization of Service Act 2018 (XV of 2018), the rules, regulations, policies and instructions made thereunder, shall not apply to the employees of the Board.

Section 19. Indemnity.‎

‎ No suit, prosecution or other legal proceedings shall lie against the Board, the Chairperson or any employee of the Board in respect of anything done in good faith in public interest or intended to be done under the Act, the rules, the regulations or the instructions issued thereunder.

Section 20. Validation.‎

‎ All orders made, proceedings taken, acts done, instructions issued, powers exercised, appointments made thereunder by any authority which were made, taken, done or purported to have been made, taken, done, issued, or exercised immediately before the commencement of the Act and after the said date, shall be deemed to have been validly made, taken, done, issued or exercised and deemed always to have had effect accordingly.

Section 21. Removal of Difficulties.‎

‎ If any difficulty arises in giving effect to any provision of the Act, the Chief Minister may make such order not inconsistent with the provisions of the Act, as may appear to him to be necessary for purpose of removing such difficulty.

Section 22. Repeal and Saving

(1) The Punjab Seized and Freezed Facilities (Hospitals and Dispensaries) Ordinance 2019 (VI of 2019) is hereby repealed.

(2) Notwithstanding the repeal of the Punjab Seized and Freezed Facilities (Hospitals and Dispensaries) Ordinance 2019 (VI of 2019), all actions taken under the repealed Ordinance from the date of repeal of the said Ordinance till the date of commencement of the Act shall be deemed to have been taken under the Act.

Print contents from the source
CONTENTS 
1. Short title, extent and commencement 
2. Definitions  
3. Board  
4. Removal of non-official members 
5. Meetings of the Board 
6. Powers of the Board 
7. Establishment of the Directorate 
8. Transitional provisions for employees of the Facilities 
9. Properties 
10. Board Fund 
11. Maintenance of accounts 
12. Annual Financial Statement 
13. Returns and statements. 
14. Audit 
15. Chairperson, members, employees to be public servants 
16. Powers to make rules  
17. Regulations 
18. Overriding effect 
19. Indemnity 
20. Validation 
21. Removal of Difficulties.  
22. Repeal and Saving
Compare the original stored transcription

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 25c8db64eaf985539225027dec9fb664567b8fe13ab5a97f5f1e6ab499dde8ba.

PUNJAB SEIZED AND FREEZED FACILITIES (HOSPITALS 
AND DISPENSARIES) ACT 2019 
 (XXII of 2019) 
CONTENTS 
1. Short title, extent and commencement 
2. Definitions  
3. Board  
4. Removal of non-official members 
5. Meetings of the Board 
6. Powers of the Board 
7. Establishment of the Directorate 
8. Transitional provisions for employees of the Facilities 
9. Properties 
10. Board Fund 
11. Maintenance of accounts 
12. Annual Financial Statement 
13. Returns and statements. 
14. Audit 
15. Chairperson, members, employees to be public servants 
16. Powers to make rules  
17. Regulations 
18. Overriding effect 
19. Indemnity 
20. Validation 
21. Removal of Difficulties.  
22. Repeal and Saving 
  
 
 
TEXT 
1
PUNJAB SEIZED AND FREEZED FACILITIES (HOSPITALS AND 
DISPENSARIES) ACT 2019 
 (XXII of 2019) 
    [13th December, 2019] 
An 
Act 
to establish the Hospitals and Dispensaries Management Board in the Punjab. 
It is necessary to establish the Hospitals and Dispensaries Management Board; to 
manage the seized and freezed  Facilities; to ensure mainstreaming of employees of 
such Facilities; and to provide for the matters connected therewith and ancillary 
thereto.  
Be it enacted by Provincial Assembly of the Punjab as follows: 
1. Short title, extent and commencement .– (1) This Act may be cited as the 
Punjab Seized and Freezed Facilities (Hospitals and Dispensaries) Act 2019. 
 (2) It extends to whole of the Punjab and shall apply to such Facilities as 
may be notified by the Government. 
 (3) It shall come into force from such date as the Government may, by 
notification in the official Gazette, specify. 
 
2. Definitions.– In this Act: 
(a) “Act” means the Punjab Seized and Freezed Facilities (Hospitals 
and Dispensaries) Act 2019; 
(b) “Board” means the Board constituted under section 3 of the Act; 
(c) “Chairperson” means the Chairperson of the Board; 
(d “Committee” means a Committee constituted by the Board 
under the Act;   
(e) “Directorate” means the Directorate established under secti on 7 
of the Act; 
(f) “Government” means Government of the Punjab; 
(g) “Facilities” means the hospitals, dispensaries, and ambulances 
freezed and seized under section 2 of the United Nations 
(Security Council) Act 1948 (XIV of 1948)  read with the United 
Nations Security Council (Freezing and Seizure) Order 2019, 
published in the Gazette of Pakistan on 4 March 2019, and any 
other Facility notified by the Government under the Act and 
includes an establishment, a property or an organization 
attached thereto; 
(h) “member” means a member of the Board; 
                                                      
1This Act was passed by Provincial Assembly of the Punjab on 2 0 November 2019; assented to by the Governor of the Punjab 
on 10 December 2019; and, was published in the Punjab Gazette (Extraordinary), dated: 13 December 2019, pp.2531-2540 
 
 
(i) “prescribed” means prescribed by the rules made or the 
regulations framed under the Act; 
(j) “regulations” means the regulations framed by the Board under 
the Act;  
(k) “rules” means the rules made by the Board under the Act; and 
(l) “seizing agency” means a seizing agency notified under  section 
2 of the United Nations (Security Council) Act 1948 (XIV of 
1948) read with the United Nations Security Council (Freezing 
and Seizure) Order 2019, published in the Gazette  of Pakistan 
on 4 March 2019.  
 
3. Board.– (1) For the efficient management and control of the Facilities, the 
Government shall, by notification in the official Gazette, constitute a Board to be 
known as Hospitals and Dispensaries Management Board. 
 (2) The Board shall be a body corporate, shall have perpetual succession 
and a common seal, with power to enter into contracts and to acquire, hold and 
dispose of property, movable and immovable, and shall in its name sue and be sued. 
(3)  The Board shall consist of the following: 
(a) Secretary to the Government, Primary 
and Secondary Healthcare Department;  
Chairperson 
(b) Secretary to the Government, Finance 
Department or his nominee not below the 
rank of an Additional Secretary;  
Vice Chairperson 
(c) Secretary to the Government, Law and 
Parliamentary Affairs Department or his 
nominee not below the rank of an 
Additional Secretary; 
member 
(d) Secretary to the Government 
(Regulations Wing), Services and 
General Administration Department or his 
nominee no t below the rank of an 
Additional Secretary; 
member 
(e) Special Secretary to the Government, 
Home Department or his nominee not 
below the rank of an Additional Secretary; 
member 
(f) three non -official members, including at 
least one woman, to be nominated by the 
Chief Minister Punjab; and 
members 
(g) Director of the Directorate. member/Secretary 
(4) The non-official members shall have such qualification and experience 
and shall serve for such period as may be prescribed through regulations.  
 
 
 
4. Removal of non -official members .– The Chief Minister may remove any 
non-official member before the expiry of his term without assigning any reason 
thereof. 
 
5. Meetings of the Board .‎–‎ The meetings of the Board shall be held at such 
time and at such place and in accordance with such procedure as may be prescribed 
by the regulations. 
 
6. Powers of the Board .‎–‎ Subject to the provisions of the Act, the Board shall 
have the powers to: 
(a) acquire and dispose of a property and to enter into contracts; 
(b) recruit and determine terms and conditions of employees of the 
Facilities, including special dispensation if required; 
(c) formulate the budget of the Facilities;  
(d) lay down the procedure for the conduct of its business; 
(e) set up any Committee as may be required for carrying out the 
purposes of the Act;  
(f) hire the services of employees belonging to the other Provinces 
as one-time dispensation only; and 
(g) delegate powers to the Chairpe rson, a Committee set up under 
the Act or any employee of the Board, except power to make 
rules or frame regulations. 
 
7. Establishment of the Directorate.‎–‎ (1) The Government shall, by notification 
in the official Gazette, establish a Directorate headed by Director having such 
number of employees on such terms and conditions as the Board may determine 
through regulations. 
 (2) The Directorate shall be manage d and controlled by the Board in such 
manner as may be prescribed.  
(3) The Directorate shall manage the properties of the Facilities and affairs 
of the employees of these Facilities, as may be prescribed through regulations. 
 
8. Transitional provisions for employees of the Facilities .‎–‎ Any person, not 
below the age of eighteen years, employed in connection with the affairs of the 
Facilities, in any capacity immediately before the date notified under the Act, hereinafter 
referred to as the “said date”, shall be deemed to have been the employees of the 
Board on such terms and conditions as the Board may determine:  
 Provided that such terms and conditions shall not be less favorable than those 
admissible to an employee immediately before coming into force of the Act:  
Provided further that no such employee shall be dismissed or removed from 
employment or reduced in rank by any authority other than the Board. 
 
9. Properties.‎–‎ (1) All liabilities of the Facilities on the said date shall st and 
transferred to the Board. 
 
 
(2) All properties, movable or immovable, owned by a Facility shall vest in 
the Board: 
Provided that where a property is not owned by a Facility, such 
property shall be managed and controlled by the Board. 
 
10. Board Fund.‎–‎ (1) There shall be a fund to be known as Board Fund. 
(2) The Board Fund shall consist of: 
  (a) grants-in-aid made by the Government; 
  (b) loans obtained from the Government; 
(c) aid and loans obtained by the Board with the prior approval of 
Government on such terms and conditions as may be approved 
by the Government; and 
  (d) fees and other sums received by the Board. 
(3) All moneys at the credit of the Board shall be kept in such m anner as 
may be prescribed. 
(4) The Board Fund shall be utilized by the Board in connection with its 
functions under the Act, including the payment of salaries and other remunerations 
of the employees of the Board and payment of rents and utilities. 
 
11. Maintenance of accounts.‎–‎ The Board shall maintain complete and accurate 
books of accounts in such form and manner as may be prescribed. 
 
12. Annual Financial Statement.‎–‎ The Board shall submit a statement of 
estimated receipts and expenditure in respect of the next financial year to the 
Government for approval, at such time and in such manner as may be prescribed 
and the Board shall give effect to any modification made therein by the Government. 
 
13. Returns and statements .‎–‎ (1) As soon as may be after the close of every 
financial year but not later than the last day of September next following, the Board 
shall submit to the Government for approval a report on the conduct of its affairs for 
that year. 
(2) The Government may direct the Board to furnish: 
(a) any return, statement, estimate, statistics or other information or 
report regarding any matter under the control of the Board; or 
(b) a copy of any document in the custody of the Board, and  the 
Board shall comply with every such direction. 
 
14. Audit.‎–‎ The accounts of the Board shall be audited in such manner as may 
be prescribed. 
 
15. Chairperson, members, employees to be public servants.‎–‎ The Chairperson 
and members of the Board, members of any of a Committee constituted under the Act 
and the employees of the Board shall be deemed to be public servants within the 
meanings of section 21 of the Pakistan Penal Code 1860 (XLV of 1860). 
 
 
 
16. Powers to make rules .‎–‎ (1) The Board may, with prior approval of the 
Government, make rules for carrying out the purposes of the Act. 
(2) In particular and without prejudice to the generality of the foregoing 
powers, such rules may provide for: 
(a) forms and registers for keeping the accounts of the Facilities; 
(b) time and manner of submission of annual financial statement to 
the Government for approval; 
(c) returns, statements, estimates, statistics, information or reports 
for submission to the Government; 
(d) manner in which the accounts of the Board shall be audited; 
(e) manner in which Board Fund shall be kept; and 
(f) any other matter under the provisions of the Act. 
 
17. Regulations.‎–‎ (1) The Board may frame regulations, not inconsistent with the 
provisions of the Act and the rules to carry out the purposes of the Act. 
(2) Without prejudice to the generality of the foregoing powers, such 
regulations may provide for: 
(a) schedule of meetings of the Board and the procedure to be 
followed in such meetings; 
(b) circumstances in which an ordinary or special meeting may be 
convened; 
(c) manner in which the minutes shall be circulated and confirmed;  
(d) powers to be exercised and functions to be performed by a 
Committee; 
(e) terms and conditions of employment of employees of the Board;  
(f) delegation of administrative and financial powers to the 
Directorate, a Committee or an employee of the Board; 
(g) manner in which the Board Fund shall be disbursed; 
(h) procurement of goods and services; and 
(i) any other matter within the scope of the Act. 
 
18. Overriding effect.‎–‎ The provisions of the Punjab Civil Servants Act 1974 (VIII 
of 1974) and the Punjab Regularization of Service Act 2018 (XV of 2018), the rules, 
regulations, policies and instructions made thereunder, shall not apply to the 
employees of the Board. 
 
19. Indemnity.‎–‎ No suit, prosecution or other legal proceedings shall lie against 
the Board, the Chairperson or any employee of the Board in respect of anything 
done in good faith in public interest or intended to be  done under the Act, the rules, 
the regulations or the instructions issued thereunder. 
 
 
 
20. Validation.‎–‎ All orders made, proceedings taken, acts done, instructions 
issued, powers exercised, appointments made thereunder by any authority which 
were made, taken, done or purported to have been made, taken, done, issued, or 
exercised immediately before the commencement of the Act and after the said date, 
shall be deemed to have been validly made, taken, done, issued or exercised and 
deemed always to have had effect accordingly.  
 
21. Removal of Difficulties .‎–‎ If any difficulty arises in giving effect to any 
provision of the Act, the Chief Minister may make such order not inconsistent with 
the provisions of the Act, as may appear to him to be necessary for purpose of 
removing such difficulty. 
 
22. Repeal and Saving. – (1) The Punjab Seized and Freezed Facilities 
(Hospitals and Dispensaries) Ordinance 2019 (VI of 2019) is hereby repealed. 
 (2) Notwithstanding the repeal of the Punjab Seized and Freezed  Facilities 
(Hospitals and Dispensaries) Ordinance 2019 (VI of 2019), all actions taken under 
the repealed Ordinance from the date of repeal of the said Ordinance till the date of 
commencement of the Act shall be deemed to have been taken under the Act.
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Section 2 of United Nations (Security Council) Act 1948

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cti on 7 of the Act; (f) “Government” means Government of the Punjab; (g) “Facilities” means the hospitals, dispensaries, and ambulances freezed and seized under section 2 of the United Nations (Security Council) Act 1948 (XIV of 1948) read with the United Nations Security Council (Freezing and Seizure) Order 2019, published in the Gazette of Pakistan on 4 March 2019, and any other Facility notified by the Government under the Act and inc

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Section 2 of United Nations (Security Council) Act 1948

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ns framed by the Board under the Act; (k) “rules” means the rules made by the Board under the Act; and (l) “seizing agency” means a seizing agency notified under section 2 of the United Nations (Security Council) Act 1948 (XIV of 1948) read with the United Nations Security Council (Freezing and Seizure) Order 2019, published in the Gazette of Pakistan on 4 March 2019. 3. Board.– (1) For the efficient management and control of the Faci

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Section 21 of Pakistan Penal Code 1860

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ers of the Board, members of any of a Committee constituted under the Act and the employees of the Board shall be deemed to be public servants within the meanings of section 21 of the Pakistan Penal Code 1860 (XLV of 1860). 16. Powers to make rules .‎–‎ (1) The Board may, with prior approval of the Government, make rules for carrying out the purposes of the Act. (2) In particular and without prejudice to the generality

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