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  "title": "PUNJAB OVERSEAS PAKISTANIS COMMISSION ACT 2021",
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  "text": "THE PUNJAB OVERSEAS PAKISTANIS COMMISSION  \r\nACT 2021 \r\n (XVI of 2021)  \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n \r\n2. Definitions \r\n \r\n3. Commission \r\n \r\n4. Functions of the Commission \r\n \r\n5. Advisory Council \r\n \r\n6. Commissioner \r\n \r\n7. Functions of the Commissioner \r\n \r\n8. Focal Persons \r\n \r\n9. Committees \r\n \r\n10. Functions of the Committees \r\n \r\n11. Additional Commissioner \r\n \r\n12. Employees of the Commission \r\n \r\n13. Arbitration \r\n \r\n14. Punishment for false information by the complainant \r\n \r\n15. Implementation of recommendations  \r\n \r\n16. Representation \r\n \r\n17. Bar of jurisdiction \r\n \r\n18. Overriding effect \r\n \r\n19. Removal of difficulties \r\n \r\n20. Indemnity \r\n \r\n21. Directions of the Government \r\n \r\n \r\n \r\n22. Rules \r\n \r\n23. Repeal and savings \r\n \r\n24. Repeal  \r\nTEXT \r\n \r\n1\r\nTHE PUNJAB OVERSEAS PAKISTANIS COMMISSION ACT 2021 \r\n  (XVI of 2021) \r\n    [30th June 2021] \r\n \r\n \r\nAn \r\nAct \r\nto provide for reconstitution of the Punjab Overseas Pakistanis Commission. \r\nIt is necessary to reconstitute the Punjab Overseas Pakistanis Commission to \r\nreceive and redress the grievances of  Overseas Pakistanis relating to Government \r\nAgencies; refer complaints and suggestions of Overseas Pakistanis to the concerned \r\noffices; and, to deal with ancillary matters. \r\nBe it enacted by Provincial Assembly of the Punjab as follows:  \r\n1. Short title, ext ent and commencement .– (1) This Act may be cited as the \r\nPunjab Overseas Pakistanis Commission Act 2021. \r\n(2) It extends to whole of the Punjab. \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this Act: \r\n(a) “Advisory Council” means the Advisory Counci l constituted under this \r\nAct; \r\n(b) “Commission” means the Punjab Overseas Pakistanis Commission; \r\n(c) “Commissioner” means the Overseas Pakistanis Commissioner; \r\n(d) “Committee” means a District Overseas Pakistani Committee or a \r\nTehsil Overseas Pakistani Committee, as the case may be, constituted \r\nunder this Act; \r\n(e) \"Complaint\" includes any grievance lodged with the Commission or the \r\nCommissioner, by an Overseas Pakistani, or a complaint taken up by \r\nthe Commission or Commissioner on its own motion regarding \r\ngrievance of an Overseas Pakistani; \r\n(f) “district” means a district notified under the Punjab Land Revenue Act, \r\n1967 (XVII of 1967); \r\n(g) “Government” means Government of the Punjab; \r\n(h) “Government Agency” means a department, attached department or \r\nspecial institu tion of the Government, a local government, or a body \r\ncorporate owned or controlled by the Government or a local \r\ngovernment; \r\n                                                      \r\n1This Act was passed by Provincial Assembly of the Punjab on 04 June 2021; assented to by the Governor of the Punjab on 23 \r\nJune 2021; and, was published in the Punjab Gazette (Extraordinary), dated: 30th June 2021, pp.10019-10024. \r\n \r\n \r\n(i) \"inquiry\" means an inquiry into any complaint conducted by the \r\nCommission or the Commissioner or the Committee; \r\n(j) “Ombudsman” means the Ombudsman appointed under section 3 of \r\nthe Punjab Office of the Ombudsman Act 1997 (X of 1997); \r\n(k) “Overseas Pakistani” means a person of Pakistani origin who is either \r\npermanently or temporarily settled outside Pakistan: \r\n(i) for employment; or \r\n(ii) for carrying on a business or vocation; or \r\n(iii) for any other purpose with intention to stay outside Pakistan for \r\nan unspecified period; \r\n(l) “prescribed” means prescribed by the rules; and  \r\n(m) \"rules\" means the rules made under this Act. \r\n3. Commission.– (1) The Government, through notification in the official \r\nGazette, shall reconstitute the Punjab Overseas Pakistanis Commission constituted \r\nunder the Punjab Overseas Pakistanis Commission Act 2014 (XX of 2014). \r\n(2) The Commission shall consist of the Chief Minister who  shall be its \r\nChairperson; an Overseas Pakistani of noted repute nominated by the Chairperson \r\nas Vice Chairperson on such terms and conditions as may be determined by the \r\nGovernment; and, the following members: \r\n(a) Chief Secretary to the Government; (member) \r\n(b) Senior Member, Board of Revenue of the Government; \r\n(member) \r\n(c) Chairman, Planning and Development Board of the \r\nGovernment; (member) \r\n(d) Secretary to the Government, Home Department; (member) \r\n(e) Provincial Police Officer, Punjab; (member) \r\n(f) Chairman, Punjab Board of Investment and Trade; (member) \r\n(g) Chairman, Punjab Information Technology Board; (member) \r\n(h) Advocate General, Punjab; (member) \r\n(i) Prosecutor General, Punjab; (member)  \r\n(j) nine members of the Provincial Assembly of the Punjab, \r\nincluding at least two female members of the  Assembly, to be \r\nnominated by the Speaker; \r\n(k) nine members, including at least two female members from the \r\nprivate sector, to be nominated by the Chairperson, having \r\nexperience in issues relating to Overseas Pakistanis; and \r\n(l) Commissioner; (member/Secretary). \r\n(3) The non-official members of the Commission shall serve for a term of \r\nthree years; however, they shall hold office during the pleasure of the Chairperson. \r\n(4) If the seat of a non -official member becomes vacant during the term of \r\nhis office, vacancy may be filled by the Chairperson and the member so appointed \r\nshall hold office for the residue of such term or till the pleasure of the Chairperson. \r\n(5) One third of the total members including the Chairperson or Vice \r\nChairperson shall constitute the quorum for a meeting of the Commission. \r\n \r\n \r\n(6) An ex-officio member may be represented in the meeting by an officer \r\nof the department or organization not below the rank of an Additional Secretary. \r\n(7) The Commission shall meet at such time and place and shall observe \r\nsuch procedure in regard to transaction of business at its meetings as may be \r\nprescribed and until so prescribed as may be directed by the Chairperson. \r\n4. Functions of the Commission.– (1) Subject to the provisions of this Act and \r\nthe rules, the Commission may exercise such powers and perform such functions as \r\nmay be necessary for carrying out the purposes of this Act. \r\n(2) The Commission shall: \r\n(a) review annual reports about the working of the Commission; \r\n(b) review performance of the Commissioner and pa ss appropriate \r\norders; \r\n(c) liaise between the Commissioner and a Government Agency; \r\n(d) develop criteria for constitution of Advisory Council; \r\n(e) nominate members of the Advisory Council;  \r\n(f) nominate members of the Committees; \r\n(g) notify such number of Committees as may be deemed appropriate \r\nby the Government; and \r\n(h) with the consent of the Chief Justice, Lahore High Court, Lahore \r\nnotify one or more Courts as Special Courts for Overseas \r\nPakistanis for speedy trial of the cases of Overseas Pakistanis. \r\n(3) The Commission may, by  notification, delegate all or any of its powers \r\nto the Vice Chairperson or the Commissioner on such conditions as may be \r\ndetermined by the Commission to ensure smooth functioning of the Commission. \r\n5. Advisory Council.– (1) The Advisory Council shall con sist of such number of \r\nOverseas Pakistanis from different countries as may be determined by the \r\nCommission, for taking appropriate action under this Act. \r\n (2) The Advisory Council shall make recommendations on redressal of \r\ngrievances of Overseas Pakistanis  and forward such recommendations to the \r\nCommissioner. \r\n6. Commissioner.– The Government shall appoint a Commissioner from the \r\nPakistan Administrative Service or the Provincial Management Service of the \r\nGovernment having basic pay scale 20 or above. \r\n7. Functions of the Commissioner.– (1) The Commissioner shall: \r\n(a) transmit a complaint received from an Overseas Pakistani to the \r\nconcerned Government Agency or the Committee for redressal; \r\n(b) give suggestions for policy changes, improvements in the system to the \r\nGovernment or the Government of Pakistan on the basis of \r\nrecommendations of the Advisory Council or the Overseas Pakistanis; \r\n \r\n \r\n(c) be authorized to refer any complaint of an Overseas Pakistani to the \r\nOmbudsman, notwithstanding anything contained in the Punjab Office \r\nof the Ombudsman Act, 1997 (X of 1997), for necessary action; \r\n(d) recommend disciplinary action to the competent authority against a \r\npublic servant who does not send reply to the Commissioner within \r\nthirty days of the receipt of reference from the Commissioner; \r\n(e) recommend initiation of anti -corruption proceedings against a public \r\nservant where, on the basis of preliminary findings, a prima facie case \r\nfor criminal action under the relevant law is made out in relation to \r\nprotection of rights of an Overseas Pakistani; \r\n(f) refer the proposals of Overseas Pakistanis relating to investment to the \r\nPunjab Board of Investment and Trade and ensure early processing of \r\nsuch proposals; \r\n(g) prepare an annual report about his performance for consideration and \r\nappropriate action by the Commission; \r\n(h) hold consultative conventions or workshops involving Overseas \r\nPakistanis; \r\n(i) deal with the recommendations received from the Advisory Council on \r\npriority basis; and \r\n(j) perform any other function ancillary to any of the above functions or as \r\nmay be prescribed.  \r\n(2) If the Commissioner has referred any complaint under subsection (1) to \r\na Government Agency, the Government Agency shall, within a period not exceeding \r\nthirty days, send its response to the Commissioner. \r\n8. Focal Persons .– Every Government Agency shall appoint one of its senior \r\nofficers or employees as focal persons to liaise with the office of the Commissioner \r\nfor monitoring and disposal of matters relating to the Overseas Pakistanis. \r\n9. Committees.– (1) There shall be as many Distri ct Overseas Pakistanis \r\nCommittees or Tehsil Overseas Pakistanis Committees in each district or tehsil as \r\nmay be deemed appropriate by the Chairperson and notified in the Official gazette, \r\nconsisting of: \r\n(a) the Chairman of the Committee to be nominated by the \r\nChairperson;  \r\n(b) Deputy Commissioner or Assistant Commissioner, as the case \r\nmay be, as Vice Chairman; \r\n(c) two persons as non -official members to be nominated by the \r\nChairperson for a term of three years, who shall hold office till \r\nthe pleasure of the Chairperson; \r\n(d) District Police Officer or the head of Police at tehsil, as the case \r\nmay be, (member); and \r\n(e) Additional District Collector Revenue as secretary/member of \r\nthe Committee. \r\n \r\n \r\n(2) A District Committee may co -opt any other officer of the Government \r\nposted in the district as a member of the Committee. \r\n(3) Four members including the Chairman or the Vice Chairman shall \r\nconstitute the quorum for a meeting of the Committee. \r\n(4) The Committee shall meet at such time and place and shall observe \r\nsuch procedure in regard to transa ction of business at its meetings as may be \r\nprescribed and until so prescribed as may be directed by the Commission. \r\n10. Functions of the Committees.- (1) A Committee shall:  \r\n(a) scrutinize, process, transmit or make recommendations on the \r\ncomplaints of the Overseas Pakistanis in the prescribed manner;  \r\n(b) hold inquiries into the complaints to ascertain the facts thereof;  \r\n(c) inspect the record of any Government Agency within their \r\njurisdiction;  \r\n(d) summon and enforce the attendance of any person within their \r\njurisdiction; \r\n(e) require the production of any document and record the \r\nstatement;  \r\n(f) authorize any officer of the Committee for the examination of \r\ndocument and record statement;  \r\n(g) recommend to any Government Agency or a public servant to \r\nhold an inquiry into a complaint and furnish report to the \r\nCommittee;  \r\n(h) make recommendations in accordance with the relevant laws \r\nand the rules for implementation by the concerned Government \r\nagencies; and \r\n(i) send progress reports and suggestions for improvement in the \r\nsystem to the Commissioner. \r\n(2) The Deputy Commissioner may exercise all or any of the powers and \r\nperform functions as hereinafter given to the Committee under this Act till the time \r\nsuch Committee are notified. \r\n11. Additional Commissioner.– (1) The Government shall appoint an Additional \r\nCommissioner of the Commission on such terms and conditions and to perform such \r\nfunctions and exercise such powers as may be prescribed and until so prescribed as \r\nmay be determined by the Government. \r\n(2) The Additional Commissioner shall be from the Pakistan Administrative \r\nService or the Provincial Management Service of the Government having basic pay \r\nscale 20 or above. \r\n12. Employees of the Commission .– The Commission may employ such \r\nnumber of officers, officials, advisors, consultants, auditors and other employees as \r\nmay be necessary for the efficient performance of its functions through hiring, initial \r\nrecruitment, transfer, contract, daily wages or on  deputation in such manner and on \r\n \r\n \r\nsuch terms and conditions as may be prescribed, or until so prescribed, as may be \r\ndetermined by the Government. \r\n13. Arbitration.– (1) On the application of a party or on his own motion but with \r\nthe consent of the other pa rties, the Commissioner may resolve a \r\ncomplaint/grievance through arbitration between the parties or appoint a team of two \r\narbitrators, one each from amongst the persons nominated by the parties. \r\n(2) The proceedings under this section shall be conducted in acc ordance \r\nwith the provisions of the Arbitration Act, 1940 (X of 1940). \r\n14. Punishment for false information by the complainant .– (1) If a person \r\nlodges a complaint based on fake or forged information or tempered documents, he \r\nshall be liable to simple impr isonment which may extend to six months or fine which \r\nmay extend to one million rupees or both. \r\n(2) The offence under this section shall be cognizable by a Court of \r\nMagistrate 1 st class on a complaint in writing by the Commissioner or a person \r\nnominated by him.  \r\n(3) The Court shall conduct the summary trial of an offence under this Act \r\nin accordance with the provisions of Chapter XXII of the Code of Criminal Procedure, \r\n1898 (V of 1898) relating to the summary trials. \r\n \r\n15. Implementation of recommendations .– (1) All Government Agencies shall \r\nimplement the recommendations of the Commission, the Commissioner and any of \r\nthe Committees, within thirty days of the receipt of such recommendations. \r\n(2) In case of defiance of the recommendations, the Commission, the \r\nCommissioner or a Committee shall recommend disciplinary action against the \r\ndelinquent public servant to the concerned competent authority under the relevant \r\ndisciplinary laws.  \r\n16. Representation.– Any person aggrieved by the decision of the Committee or \r\nthe Commissioner may make a representation within thirty days, before the \r\nAdditional Chief Secretary, Punjab, who may hear and decide such representation. \r\n \r\n17. Bar of jurisdiction .– No court shall entertain a suit, application or other \r\nproceeding in respect of  a complaint under inquiry with the Commission, \r\nCommissioner or a Committee. \r\n \r\n18. Overriding effect .– The provisions of this Act shall have effect \r\nnotwithstanding anything inconsistent contained in any other law for the time being in \r\nforce. \r\n19. Removal of  difficulties.– The Government, may, by order, provide for the \r\nremoval of any difficulty which may arise in giving effect to the provisions of this Act. \r\n20. Indemnity.– No suit, prosecution or any other legal proceedings shall lie \r\nagainst an officer or servant of the Commission in respect of anything done or \r\nintended to be done by him in good faith under this Act. \r\n \r\n \r\n21. Directions of the Government .– The Government may, by general or \r\nspecial order, issue directions regarding day to day working of the Commissioner. \r\n22. Rules.– The Government may, by notification in the official Gazette, make \r\nrules for carrying out the purposes of this Act. \r\n23. Repeal and savings .– (1) The Punjab Overseas Pakistanis Commission Act \r\n2014 (XX of 2014) is hereby repealed.  \r\n(2) Notwithstanding the repeal of the Act mentioned in subsection (1), \r\neverything done and all actions taken, obligations, liabilities, inquiries or proceedings \r\ncommenced, officers appointed or persons authorised, jurisdiction or power \r\nconferred, rule made an d notification issued under any provisions of the said \r\nenactments shall, if not inconsistent with the provisions of this Act, continue in force \r\nand be deemed to have been respectively done, taken, incurred, commenced, \r\nappointed, authorised, conferred, made or issued under this Act.”. \r\n24. Repeal.– The Punjab Overseas Pakistanis Commission  Ordinance 2020 \r\n(XVIII of 2020) is hereby repealed.",
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