PUNJAB GENERAL PROVIDENT INVESTMENT FUND ACT 2009
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THE PUNJAB GENERAL PROVIDENT INVESTMENT FUND ACT 2009 (V of 2009)
TEXT 1THE PUNJAB GENERAL PROVIDENT INVESTMENT FUND ACT 2009 (V of 2009) [8th July, 2009] An Act to provide for the establishment of the Punjab General Provident Investment Fund to generate revenue for the discharge of the liabilities of the General Provident Fund. Preamble.– Whereas it is expedient to establish the Punjab General Provident Investment Fund to generate revenue for the discharge of the General Provident Fund liabilities of the Government and to make provisions for ancillary matters.
It is enacted as follows:–
CHAPTER I
PRELIMINARY
Section 1. Short title, extent and commencement
(1) This Act may be cited as the Punjab General Provident Investment Fund Act 2009.
(2) It extends to the whole of the Province.
(3) It shall come into force at once.
Section 2. Definitions
In this Act–
(a) “family” means a spouse, a parent, a grand parent, sibling or adopted sibling, child or an adopted child, or a maternal or paternal first cousin; or a parent, sibling or adopted sibling, child or an adopted child, or a maternal or paternal first cousin of the spouse;
(b) “financial year” means the year starting from first day of July and ending on 30th day of June of the succeeding year;
(c) “Fund” means the Punjab General Provident Investment Fund established under the Act;
(d) “General Manager” means the General Manager of the Fund;
(e) “General Provident Fund” means the General Provident Fund established under the Punjab Civil Servants Act, 1974 (VIII of 1974) and the Punjab General Provident Fund Rules, 1978;
(f) “Government” means the Government of the Punjab;
(g) “Government bonds” include the bonds issued by or under the authority of the Federal Government, a Provincial Government or by a body or entity owned or controlled by the Government, a Provincial Government or the Federal Government or a prescribed body or entity;
1This Act was passed by the Punjab Assembly on 1 July 2009; assented to by the Governor of the Punjab on 7 July 2009; and, was published in the Punjab Gazette (Extraordinary), dated 8 July 2009, pages 69-73.
(h) “Management Committee” means the General Provident Investment Fund Management Committee;
(i) “Member” means a Member of the Management Committee;
(j) “prescribed” means prescribed by the rules made under the Act;
(k) “Province” means the Province of the Punjab;
(l) “regulations” means the regulations framed under the Act;
(m) “Reserve Fund” means the Reserve General Provident Fund created under section 3 of the Act;
(n) “rules” means the rules made under the Act; and
(o) “sub-committee” means a sub-committee of the Management Committee.
CHAPTER II
RESERVE FUND AND PUNJAB GENERAL PROVIDENT INVESTMENT FUND
Section 3. Reserve Fund
(1) The Government shall, by notification, create a Reserve General Provident Fund in the Public Account of the Province.
(2) The amounts placed in the Reserve Fund by the Government shall form part of the Public Account of the Province as defined in Article 118(2) of the Constitution of Islamic Republic of Pakistan.
Section 4. Punjab General Provident Investment Fund
(1) The Government shall, by notification, establish the Punjab General Provident Investment Fund.
(2) The Fund shall be a body corporate with perpetual succession, common seal, power to enter into contract and may sue or be sued by the said
name.
(3) The Fund shall perform such functions and exercise such powers with regard to the Reserve Fund as vested in it under this Act or the rules.
CHAPTER III
MANAGEMENT COMMITTEE
Section 5. Management Committee
(1) The Management Committee of the Punjab Pension Fund established under the Punjab Pension Fund Act 2007 (I of 2007) shall perform functions and exercise powers as the Management Committee of the Fund.
(2) In the performance of functions or exercise of powers under this Act, the Management Committee shall be known as the General Provident Investment Fund Management Committee.
(3) The management and administration of the Fund shall vest in the Management Committee.
(4) Subject to the provisions of this Act and the rules, in the performance of its functions and in exercise of its powers, the Management Committee shall act and be bound by the directions of the Government.
Section 6. General Manager
The General Manager of the Punjab Pension Fund appointed under section 8 of the Punjab Pension Fund Act 2007 (I of 2007) shall act as the General Manager of the Fund.
CHAPTER IV
POWERS AND FUNCTIONS OF THE MANAGEMENT COMMITTEE
Section 7. Powers and functions of the Management Committee
(1) The Management Committee shall–
(a) formulate investment policy, establish standards and procedures for the investment of the assets of the Fund;
(b) invest an amount from the Reserve Fund;
(c) transfer the profit generated through the investment to the Reserve Fund;
(d) prepare an annual report for submission to the Government detailing the performance of the Fund; and
(e) perform such other functions as may be assigned to it under the rules or which are ancillary to the above functions.
(2) The Management Committee may–
(a) initiate proposals for making or amendment of the rules;
(b) employ a person as may be necessary for the purposes of this Act;
(c) create a sub-committee from amongst its Members to make recommendations on an issue;
(d) borrow on behalf of and in the name of the Fund;
(e) incur liability on behalf of the Fund;
(f) enter into a contract; and
(g) exercise such other powers as may be conferred on it under the rules or which are incidental to the above powers.
Section 8. Delegation of powers and functions
(1) Subject to sub-section (2), the Management Committee may delegate to the General Manager, a sub-committee or a Member any of its powers or functions.
(2) The Management Committee shall not delegate the power or function to–
(a) frame, amend or repeal regulations;
(b) approve the investment policy, standards and procedures for the operation of the Fund; or
(c) fill a vacancy in a sub-committee.
Section 9. Limitations on the investment
Notwithstanding anything contained in section 7 or any other law for the time being in force, no investment in a financial year shall be made by the Management Committee from the Fund–
(a) for a fixed period of more than three years except with the prior approval of the Government;
(b) in a foreign market or an entity registered outside Pakistan, except with the prior approval of the Government;
(c) for an amount of more than twenty-five percent of the Reserve Fund in one financial institution cumulatively;
(d) for an amount 2[up to one hundred] percent of the Reserve Fund in the Government bonds;
(e) for an amount of more than five percent of the Reserve Fund in an issue of corporate or other bonds or short term financial instruments, cumulatively;
(f) for an amount of more than five percent of the Reserve Fund in a unit trust authorised for sale in Pakistan; and
(g) in an asset or a security prohibited by the rules.
CHAPTER V
BUDGET, EXPENSES AND AUDIT
Section 10. Budget and accounts
(1) The General Manager shall prepare the budget of the Fund for a financial year.
(2) The General Manager shall place the budget proposals for approval before the Management Committee at least thirty days prior to the commencement of a financial year.
(3) The accounts of the Fund shall be maintained in such manner as may be prescribed.
Section 11. Expenses
The expenses incurred on the operation of the Fund, including expenses relating to the functioning of the Management Committee, shall be paid out of the Fund in the manner as may be prescribed.
Section 12. Audit
(1) The Government shall appoint a firm of chartered accountants for the annual audit of the accounts of the Fund.
(2) Annual audit report of the accounts of the Fund and the Reserve Fund shall be laid before the Management Committee for approval.
CHAPTER VI
MISCELLANEOUS
Section 13. Public servant
All persons acting or purporting to act in pursuance of any provision of this Act, shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).
Section 14. Prohibition of insider trading
The provisions of Chapter III-A of the Securities and Exchange Ordinance, 1969 (XVII of 1969) or any other law for the time
2Substituted for the words “more than seventy-five” by the Punjab General Provident Investment Fund (Amendment) Act 2023 (XI of 2023), published in the Punjab Gazette (Extraordinary), dated: 17 February 2023, pp. 3887, s.2.
being in force on the subject shall, mutatis mutandis, apply to the Members, employees, or any other person associated with the Fund.
Section 15. Liability of the Government
Notwithstanding anything contained in this Act, right to payment of benefits from membership of the General Provident Fund of a person shall not be restricted, extinguished, annulled or varied and the Government shall not be absolved from its liabilities with respect to the payment of such benefits.
Section 16. Conflict of interest
(1) No Member shall directly or indirectly receive any profit from his position as a Member except the reasonable expenses incurred by him in the performance of his duties.
(2) The pecuniary interest of family or close personal or business associates of a Member shall be considered as the pecuniary interest of the Member.
(3) A Member shall be in conflict of interest if he–
(a) is an employee, or a paid consultant of a business entity that has, or of a trade association of business entities that have, a substantial interest in the management of the Fund;
(b) owns, controls, or has, directly or indirectly, more than ten percent interest in a business entity that has a substantial interest in the management of the Fund;
(c) receives more than twenty-five percent of his individual income from a business entity that has a substantial interest in management of the Fund;
(d) not being an ex-officio Member, is in employment of any government in Pakistan, or a body managed or controlled by the government, except as a teacher or academician in an institute of higher learning; and
(e) or one or more members of his family, business partners or close personal associates, may benefit either directly or indirectly, financially or otherwise, from his position on the Management Committee.
(4) A Member shall disclose a potential, real or perceived conflict of interest as soon as he becomes aware of the potential conflict and before the Management Committee or a sub-committee takes cognizance of the matter.
(5) If a Member is not certain about the conflict of interest situation, he shall bring the matter before the Management Committee for advice.
(6) The decision of the Management Committee on conflict of interest shall be final.
(7) A Member shall not take part in the proceedings of the Management Committee in which any question of his conflict of interest is on the agenda.
(8) The disclosure of conflict of interest and the decision of the Management Committee shall be recorded in the minutes of the meeting.
Section 17. Submission of annual report before the Assembly
The Government shall, within six months of the end of a financial year, submit an annual report of the Fund in the Provincial Assembly of the Punjab.
Section 18. Rules
The Government may, by notification, make rules for carrying out the purposes of this Act.
Section 19. Regulations
Subject to the provisions of this Act and the rules, the Management Committee may, by notification in the official Gazette, frame regulations to give effect to the provisions of this Act.
Print contents from the source
CONTENTS CHAPTER I PRELIMINARY 1. Short title, extent and commencement 2. Definitions CHAPTER II RESERVE FUND AND PUNJAB GENERAL PROVIDENT INVESTMENT FUND 3. Reserve Fund. 4. Punjab General Provident Investment Fund CHAPTER III MANAGEMENT COMMITTEE 5. Management Committee 6. General Manager CHAPTER IV POWERS AND FUNCTIONS OF THE MANAGEMENT COMMITTEE 7. Powers and functions of the Management Committee 8. Delegation of powers and functions 9. Limitations on the investment CHAPTER V BUDGET, EXPENSES AND AUDIT 10. Budget and accounts 11. Expenses 12. Audit CHAPTER VI MISCELLANEOUS 13. Public servant 14. Prohibition of insider trading 15. Liability of the Government 16. Conflict of interest 17. Submission of annual report before the Assembly 18. Rules 19. Regulations
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THE PUNJAB GENERAL PROVIDENT INVESTMENT FUND
ACT 2009
(V of 2009)
CONTENTS
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER II
RESERVE FUND AND PUNJAB GENERAL
PROVIDENT INVESTMENT FUND
3. Reserve Fund.
4. Punjab General Provident Investment Fund
CHAPTER III
MANAGEMENT COMMITTEE
5. Management Committee
6. General Manager
CHAPTER IV
POWERS AND FUNCTIONS OF THE
MANAGEMENT COMMITTEE
7. Powers and functions of the Management Committee
8. Delegation of powers and functions
9. Limitations on the investment
CHAPTER V
BUDGET, EXPENSES AND AUDIT
10. Budget and accounts
11. Expenses
12. Audit
CHAPTER VI
MISCELLANEOUS
13. Public servant
14. Prohibition of insider trading
15. Liability of the Government
16. Conflict of interest
17. Submission of annual report before the Assembly
18. Rules
19. Regulations
TEXT
1
THE PUNJAB GENERAL PROVIDENT INVESTMENT FUND ACT 2009
(V of 2009)
[8th July, 2009]
An
Act
to provide for the establishment of the Punjab General Provident Investment Fund to
generate revenue for the discharge of the liabilities of the General Provident Fund.
Preamble.– Whereas it is expedient to establish the Punjab General Provident
Investment Fund to gener ate revenue for the discharge of the General Provident
Fund liabilities of the Government and to make provisions for ancillary matters.
It is enacted as follows:–
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement .– (1) This Act may be cited as the
Punjab General Provident Investment Fund Act 2009.
(2) It extends to the whole of the Province.
(3) It shall come into force at once.
2. Definitions.– In this Act–
(a) “family” means a spouse, a parent, a grand parent, sibling or adopted
sibling, child or an adopted child, or a maternal or paternal first cousin; or
a parent, sibling or adopted sibling, child or an adopted child, or a
maternal or paternal first cousin of the spouse;
(b) “financial year” means the year starting from first day of July a nd
ending on 30th day of June of the succeeding year;
(c) “Fund” means the Punjab General Provident Investment Fund
established under the Act;
(d) “General Manager” means the General Manager of the Fund;
(e) “General Provident Fund” means the General Provi dent Fund
established under the Punjab Civil Servants Act, 1974 (VIII of 1974)
and the Punjab General Provident Fund Rules, 1978;
(f) “Government” means the Government of the Punjab;
(g) “Government bonds” include the bonds issued by or under the authority
of the Federal Government, a Provincial Government or by a body or
entity owned or controlled by the Government, a Provincial
Government or the Federal Government or a prescribed body or entity;
1This Act was passed by the Punjab Assembly on 1 July 2009; assented to by the Governor of the Punjab on 7 July 2009; and, was
published in the Punjab Gazette (Extraordinary), dated 8 July 2009, pages 69-73.
(h) “Management Committee” means the General Provident Inves tment
Fund Management Committee;
(i) “Member” means a Member of the Management Committee;
(j) “prescribed” means prescribed by the rules made under the Act;
(k) “Province” means the Province of the Punjab;
(l) “regulations” means the regulations framed under the Act;
(m) “Reserve Fund” means the Reserve General Provident Fund created
under section 3 of the Act;
(n) “rules” means the rules made under the Act; and
(o) “sub-committee” means a sub-committee of the Management Committee.
CHAPTER II
RESERVE FUND AND PUNJAB GENERAL PROVIDENT INVESTMENT FUND
3. Reserve Fund.– (1) The Government shall, by notification, create a Reserve
General Provident Fund in the Public Account of the Province.
(2) The amounts placed in the Reserve Fund by the Government shall
form part of the Public Account of the Province as defined in Article 118(2) of the
Constitution of Islamic Republic of Pakistan.
4. Punjab General Provident Investment Fund.– (1) The Government shall, by
notification, establish the Punjab General Provident Investment Fund.
(2) The Fund shall be a body corporate with perpetual succession,
common seal, power to enter into contract and may sue or be sued by the said
name.
(3) The Fund shall perform such functions and exercise such powers with
regard to the Reserve Fund as vested in it under this Act or the rules.
CHAPTER III
MANAGEMENT COMMITTEE
5. Management Committee .– (1) The Management Committee of the Punjab
Pension Fund established under the Punjab Pension Fund Act 2007 (I of 2007) shall
perform functions and exercise powers as the Management Committee of the Fund.
(2) In the performance of functions or exercise of powers under this Act,
the Management Committee shall be known as the General Provident Investment
Fund Management Committee.
(3) The manageme nt and administration of the Fund shall vest in the
Management Committee.
(4) Subject to the provisions of this Act and the rules, in the performance of its
functions and in exercise of its powers, the Management Committee shall act and be
bound by the directions of the Government.
6. General Manager .– The General Manager of the Punjab Pension Fund
appointed under section 8 of the Punjab Pension Fund Act 2007 (I of 2007) shall act
as the General Manager of the Fund.
CHAPTER IV
POWERS AND FUNCTIONS OF THE MANAGEMENT COMMITTEE
7. Powers and functions of the Management Committee .– (1) The
Management Committee shall–
(a) formulate investment policy, establish standards and procedures for
the investment of the assets of the Fund;
(b) invest an amount from the Reserve Fund;
(c) transfer the profit generated through the investment to the Reserve
Fund;
(d) prepare an annual report for submission to the Government detailing
the performance of the Fund; and
(e) perform such other functions as may be assigned to it und er the rules
or which are ancillary to the above functions.
(2) The Management Committee may–
(a) initiate proposals for making or amendment of the rules;
(b) employ a person as may be necessary for the purposes of this Act;
(c) create a sub -committee fro m amongst its Members to make
recommendations on an issue;
(d) borrow on behalf of and in the name of the Fund;
(e) incur liability on behalf of the Fund;
(f) enter into a contract; and
(g) exercise such other powers as may be conferred on it under the r ules
or which are incidental to the above powers.
8. Delegation of powers and functions .– (1) Subject to sub -section (2), the
Management Committee may delegate to the General Manager, a sub -committee or
a Member any of its powers or functions.
(2) The Management Committee shall not delegate the power or function
to–
(a) frame, amend or repeal regulations;
(b) approve the investment policy, standards and procedures for the
operation of the Fund; or
(c) fill a vacancy in a sub-committee.
9. Limitations on th e investment .– Notwithstanding anything contained in
section 7 or any other law for the time being in force, no investment in a financial
year shall be made by the Management Committee from the Fund–
(a) for a fixed period of more than three years except w ith the prior
approval of the Government;
(b) in a foreign market or an entity registered outside Pakistan, except with
the prior approval of the Government;
(c) for an amount of more than twenty -five percent of the Reserve Fund in
one financial institution cumulatively;
(d) for an amount 2[up to one hundred] percent of the Reserve Fund in the
Government bonds;
(e) for an amount of more than five percent of the Reserve Fund in an issue
of corporate or other bonds or short term financial instruments,
cumulatively;
(f) for an amount of more than five percent of the Reserve Fund in a unit
trust authorised for sale in Pakistan; and
(g) in an asset or a security prohibited by the rules.
CHAPTER V
BUDGET, EXPENSES AND AUDIT
10. Budget and accounts .– (1) The Genera l Manager shall prepare the budget
of the Fund for a financial year.
(2) The General Manager shall place the budget proposals for approval
before the Management Committee at least thirty days prior to the commencement
of a financial year.
(3) The accounts of the Fund shall be maintained in such manner as may
be prescribed.
11. Expenses.– The expenses incurred on the operation of the Fund, including
expenses relating to the functioning of the Management Committee, shall be paid out
of the Fund in the manner as may be prescribed.
12. Audit.– (1) The Government shall appoint a firm of chartered accountants for
the annual audit of the accounts of the Fund.
(2) Annual audit report of the accounts of the Fund and the Reserve Fund
shall be laid before the Management Committee for approval.
CHAPTER VI
MISCELLANEOUS
13. Public servant.– All persons acting or purporting to act in pursuance of any
provision of this Act, shall be deemed to be public servants within the meaning of
section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).
14. Prohibition of insider trading .– The provisions of Chapter III -A of the
Securities and Exchange Ordinance, 1969 (XVII of 1969) or any other law for the time
2Substituted for the words “more than seventy -five” by the Punjab General Provident Investment Fund (Amendment) Act 2023
(XI of 2023), published in the Punjab Gazette (Extraordinary), dated: 17 February 2023, pp. 3887, s.2.
being in force on the subject shall, mutatis mutandis, apply to the Member s,
employees, or any other person associated with the Fund.
15. Liability of the Government.– Notwithstanding anything contained in this Act,
right to payment of benefits from membership of the General Provident Fund of a
person shall not be restricted, ex tinguished, annulled or varied and the Government
shall not be absolved from its liabilities with respect to the payment of such benefits.
16. Conflict of interest .– (1) No Member shall directly or indirectly receive any
profit from his position as a Membe r except the reasonable expenses incurred by
him in the performance of his duties.
(2) The pecuniary interest of family or close personal or business
associates of a Member shall be considered as the pecuniary interest of the
Member.
(3) A Member shall be in conflict of interest if he–
(a) is an employee, or a paid consultant of a business entity that has, or of
a trade association of business entities that have, a substantial interest
in the management of the Fund;
(b) owns, controls, or has, directly or indirectly, more than ten percent
interest in a business entity that has a substantial interest in the
management of the Fund;
(c) receives more than twenty -five percent of his individual income from a
business entity that has a substantial interest in ma nagement of the
Fund;
(d) not being an ex-officio Member, is in employment of any government in
Pakistan, or a body managed or controlled by the government, except
as a teacher or academician in an institute of higher learning; and
(e) or one or more membe rs of his family, business partners or close
personal associates, may benefit either directly or indirectly, financially
or otherwise, from his position on the Management Committee.
(4) A Member shall disclose a potential, real or perceived conflict of
interest as soon as he becomes aware of the potential conflict and before the
Management Committee or a sub-committee takes cognizance of the matter.
(5) If a Member is not certain about the conflict of interest situation, he
shall bring the matter before the Management Committee for advice.
(6) The decision of the Management Committee on conflict of interest shall
be final.
(7) A Member shall not take part in the proceedings of the Management
Committee in which any question of his conflict of interest is on the agenda.
(8) The disclosure of conflict of interest and the decision of the
Management Committee shall be recorded in the minutes of the meeting.
17. Submission of annual report before the Assembly .– The Government
shall, within six months of the en d of a financial year, submit an annual report of the
Fund in the Provincial Assembly of the Punjab.
18. Rules.– The Government may, by notification, make rules for carrying out the
purposes of this Act.
19. Regulations.– Subject to the provisions of this Act and the rules, the
Management Committee may, by notification in the official Gazette, frame
regulations to give effect to the provisions of this Act.This law in the library
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Section 7
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nd procedures for the operation of the Fund; or (c) fill a vacancy in a sub-committee. 9. Limitations on th e investment .– Notwithstanding anything contained in section 7 or any other law for the time being in force, no investment in a financial year shall be made by the Management Committee from the Fund– (a) for a fixed period of more than three years except w ith the prior approval of the
Provisions explicitly cited in other instruments 3
Article 118(2) of Constitution of the Islamic Republic of Pakistan
Cited by PUNJAB GENERAL PROVIDENT INVESTMENT FUND ACT 2009
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the Public Account of the Province. (2) The amounts placed in the Reserve Fund by the Government shall form part of the Public Account of the Province as defined in Article 118(2) of the Constitution of Islamic Republic of Pakistan. 4. Punjab General Provident Investment Fund.– (1) The Government shall, by notification, establish the Punjab General Provident Investment Fund. (2) The Fund shall be a body corporate with perpetual succession, common s
Target heading · Constitution of the Islamic Republic of Pakistan
118. Provincial Consolidated Fund and Public Account. __ (1) All revenues received by the Provincial Government, all loans raised by that Government, and a ll moneys received by it in repayment of any loan, shall form part of a consolidated fund, to be known as the Provincial Consolidated Fund. (2) All other m
Section 8 of PUNJAB PENSION FUND ACT 2007
Cited by PUNJAB GENERAL PROVIDENT INVESTMENT FUND ACT 2009
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nagement Committee shall act and be bound by the directions of the Government. 6. General Manager .– The General Manager of the Punjab Pension Fund appointed under section 8 of the Punjab Pension Fund Act 2007 (I of 2007) shall act as the General Manager of the Fund. CHAPTER IV POWERS AND FUNCTIONS OF THE MANAGEMENT COMMITTEE 7. Powers and functions of the Management Committee .– (1) The Management Committee shall– (a) form
Target heading · PUNJAB PENSION FUND ACT 2007
8. General Manager .– 6 (1) The Government shall, by notification, appoint General Manager of the Fund on such terms and conditions as it may determine.] 7 [(2) A person shall not be appointed as the General Manager unless he has at least twelve years experience of management including at least three years
Section 21 of Pakistan Penal Code, 1860
Cited by PUNJAB GENERAL PROVIDENT INVESTMENT FUND ACT 2009
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- Pakistan Penal Code (PPC),1860 (Under Review) · Federal
- PAKISTAN PENAL CODE, 1860 · Punjab
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13. Public servant.– All persons acting or purporting to act in pursuance of any provision of this Act, shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code, 1860 (XLV of 1860). 14. Prohibition of insider trading .– The provisions of Chapter III -A of the Securities and Exchange Ordinance, 1969 (XVII of 1969) or any other law for the time
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