Resolution on the establishment of the Pakistan Horticulture Development and Export Board

RIIGISTERED No. M • J02 EXTRAORDINARY PUBLISHED BY AUTHORITY L.-7<>46 ISLAMABAD, WEDNESDAY, AlJGUSl' 7, 2002 PART Ill Other Notifications, Orders, etc. GOVERNMENT <W PAKISTAN i\<'lNISTRY OF CO\VfM~RCE RESOLUTION Islamabad, the 5th August, 2002 No. 1(12)/2002/Exp.V.-W»ER!lAS the Government of Pakistan has decided to establish a Pakistan Horricullure Development and Export Board with a view to enhancing Pakistan's exp◊rl ofhorricu.Jture products. A No WIIER£.,s the Government decision contem1)latcs the setting up of an autonomous Board to be responsible for administering the Pakistan's Horticulnire Development and Export. · Now, nu,REFORF., ii is resolved to establ ish Pakistan Horriculture Develop­ ment and Export Board. Definitions : I. 1n this Resolution. unless there is anything repugnant in chc subject or context: (a) "Board" means .the Pakistan Hon:icullure Development and Expo1t Board: (1179) Price : Rs. 10.50 r6J5(2002)Ex. Gaz.] 1180 THE GAZETI'E OP PAKISTAN. EXTRA .. AUG. 7. 2002 !PART III (b} "Committee" means the Executive Committee; (c} "C.E.0" means the Chief Executive Officer of Pakistan Horticukure Development and Export Board. ( d) "Export" means to take out of Pakistan by any means to any place outside Pakistan; ( c} "Federal Government" means the Ministry of Commerce; (t) "Prescribed" means prescribed by Rules. (g} "Rules" means Rules made under this Resolution duly approved by the Board. Creation of' the Board 2. As soon as may be after tbe publication of the Resolution, the Federal Government shall constitute a Board to be called Pakistan Horticulture Development and Export Board. This Board shall consist of a Chailman and such number of members as the Federal Government may decide from time to lime. Teuure of the Chainnan : The oormal tenure of the Chairman of the Board will be two years which will not exceed two consecutive terms. One. third of the members of the Board shall retire aftc-r every two years. The one third members of the first Board from the private sector who shall retire after expiry of two ye,trs shall he decided by drawl of lots. Notification : (i) The Federal Government shall publish in the Official Gazette, the official nominees and other members of the Board and upon publication in the Gawtte, the Board shall be deemed to be constituted. (ii) If a member of the Board absents himself from three consecutive meetings of the Board without the leave of the Chairman, that sc.11. shall become vacant. When the seat of the member becomes vacant either by reason of resignation, death or being absent from the Board for three consecutive meetings, the vacancy shall be filled for the remainder of the term of such member by nomination of another person in his place in the manner as the member was initial ly nominated. P11RT III] 'THE GAZETTE OF PAKISTAN, EXTRA., AUG. 7, 2002 118 l Functions & Powers of the Board : 3. T. Help in the formulation and implementation of the National Horlicul­ ture Policy. 11. Develop and implement horticullure export marketing st.racegies, which result in higher value for Pakistan 's exports. III. Promotion of technological upgrndation and human resource development for enhanced value added exports io all the sub-sectors of horticulture. lV. Invite international marketing processing companies to source products from Pakistan. Also appoint marketing companies lo promote Pakistan's horticultural produce .. V. Develop procedures and regulations to create an environment conducive for exports. Vl. Help promote public - private interaction and panncrship and to determine ways and means to finance this sector. V 11. Design and implement qual icy standards for exports. VIII . Diversify overseas markets by finding new markets. IX. Represent the sector on international .foras. X. Fac il itate and set-up necessary infrastructure for horticull.ure <levelopment including cold chain all over the country. XI. To promote export of processed horticulture products: XII . Develop linkage with research and development institutions of the country and facil itate them in improving research, production and marketing in the field of Horticulture. XIIl. Encoul'agc and facilitate the growers to "grow for exports". XIV. Provision of commercial intelligence lo producers and exporters. XV. Provision of facilities for settlement of disputes relating to and arising from trade transactions. J l 82 THE GAZETTE OF PAKISTAN. EXTRA., AUG. 7. 2002' [PART III XVI. To arrange and.attend trade exhibitions/trade dclegations/fairi, within the country or abroad. XVII. To arrange and provide export and import services, also provisions of expertise in ho1ticuhure trade. XVIII. Undertake .study of international markets to facilitate trade viable rneasures for export promotion. XIX. To undertake publicity ciunpaigns nationally and internationally. Powers to m.ake Rules : (i) The Board shall be competent to make rules relating to Grading, Qu,trantinc and SPS standards for Horticulture exports. These rules shall not be inconsistent with the WTO commitments and the genernl provisions of Export Policy and Procedures Order. (ii) The Boa,·d shall also be competent to formulate hylaws and rules under this resolution for 'smooth functioning of the Board and issues relating to service matters of the Employees of the Board. Meetings of the Board (i) Meet.i ngs of the board shall be convened as often as may be necessary and shall take place at least once, in every four months, in consul!acLon with the Chairman or in ' tiis absence by the Chief Executive Officer. Notice of the meeting shall issue under the signature of che Secretary and shall specify the date, time and place of the meeting and the agenda shall be accompanied by a working paper. (ii) The notice shall be issued to the members not Jess than fifteen days before the dace of the meeting. (1ii) No business shall be transacted at a meeting 1mless at least 50% of the members of the Board are present. (iv) In case of difference of opinion, tl1e opinion of the majority of the members present shall prevail. (v) Each member shali have one vote and in case of equality of votes. chc Chainnan shall have a second or casring vote. (vi) No proxy representation or voting in the 13oard meetings shall be allowed except in case of official nominees. PART lllj THE GAZETTE OF PAKISTAN, EXTRA., AUG. 7, 2002 1183 (vii) Where an urgent decision has to be taken and there is no time to call a meeting of the Board. the Chie.f Ex~ utive Offic.er shall obtain the orders of the Chairman who may, if he thinks fit, pass ordeis forthwith on behalf of the Board, but in every such case the Chairman's orders shall be placed before the next meeting or cir culated for confirmation. Executive Committee 4. The Committee shall be respoosible for implementing and monitoring the execution of the policies of the Board for development of exports in the horticul­ l'ure sector. The Executive Committee shall consist of the following: (i) Chairman of the Board (ii) Chief Executi ve of the Board (iii) Joint Secretary (EG), Ministry of Commerce (iv) & (v) 1\vo memhers of the Board lo be nominated by the Board. Chairman Member/Secre/ary Member Member The Committee shall rueer at lease once in two months and the quorum for its meetings shall be three persons with presence of either the Chairman or the C.E.O. Head Ol'fice and other Offices. 5. The Board aticr the publication of this Resolution and its formal com position ,nay decide upon the locacion of its Headquarters an<! sucll other regional offices as it deems necessa ry and app1·opriare. Appointment of Chief Executive Ofl'icer 6. The Board shall appoint a Chief Executive Officer either from the market or may requisition !he services of an officer from the Government o.f Pakistan as it deems appropriar,~. The terms and· conditions of the C.E.O. will be decided by the Bom·d. Appointment of Officers 7. The Chairman of the Board, in consultation with C.E.O. may, subject co the approval of the Board appoin! a Secretary and suet, other oft:,cers, advisors and other employees necessary for the efficient performance of the functio1is of the Board and of the Committee on such terms and conditions as may be decided. 1184 THE GAZETTE OF PAKISTAN, EXTRA., AUG. 7. 2002 iPART Ill Duties of the Office Bearers Assets (i) The Chairman shall be responsible for provision of policy guidelines to C.E.O. (ii) The Chairman of 1he Board shall be responsible for convening meetings of the Board and Executive Commiuee in consultation witl1 the Chief Executive Officer. (iii) The C.E.O. shall he appointing authority for all members of siaff of the Board. (a) The Executive Commiuee shall authorize t~e Chairman and Chier Executive Officer to participate in conferences, seminars and symposia in Pakistan and Foreign Countries under intimation to the Min,st,y of Comrncrce. (b) The Secretary shall prepare the budget estimates in consultation with C.E.O. and submit the same to the Chairman. The budget shall be approved by the Board. The Secretary shali keep a record of the proceedings of the meetings. 8. All movable and immovable properties of the Boa1·d shall vest. in the Board, but if the Board is wound up. all such properties shall forthwith vest in the Government of Pakistan. A register of all movable and immovable property shall be kept by the Chief Executive Officer. Budget and Grants : 9. (i) An annual grant shall be provided to the Board through the Ministry of Commerce for the smooth discharge of its functions and the efficient c.onduct of its affairs. (ii) The Chief Executive Officer shall prepare detailed estimates of the receipt and expenditure and the anticipated opening and closing balances for the ensuing financial year. The estimates shall be pre­ pared not later than the 30th day of March each yem·. (iii) ·n1e afore.5aicl estimates shall be approved by the Board in time for submission lo the Federni Government by such dale as may be fixed f>Alff Ill] THE GAZETTE OF PAKISTAN, EXTRA., AUG. 7, 2002 1185 by the Government. The powers of appropriation, re-appropfiation and the incunfog of expenditure ou1side the budget shall vest in the Chairman, but every exercise of such powers shal I be reported to the B oard in it~ ncxt,meeting. (iv) The Chief Executive Officer shall be the Chiet~Accounts-Offi<.:er of the Board. 10. All contract5 shall be approved and executed on behalf of, and in accordance with any direction of the Board by the Chief Executive Officer. Drawing and Disbursing of Fund 11 . Grants-in-aid made to the Board by the Federal Government, all fees and contributions received by the Board shall be credited to a fund to be called the Boartf Fund the accounts of which shall be kept at a scheduled bank in its headquarter and opernted by the Chief Executive Officer. Financing 12. Financing will be from EDS collections on horticulture exports. the ultimateobjeclivebeing cost-sharing leading eventually to financial self-sustainability. The Board will explore other avenues such as donations, fees and any such sources as may be approved by the Board for its financing. The Board may also seek financing for the research and development projects funding from budgetary resources through Ministry of Commerce. Maintenance of accounts and audit and annual Reports 13. The Board shall keep regular account~ of alJ moneys received bor­ rowed and expended by it. The accounts of the Board shaJJ be audited every year by auditors approved in this behalf by the Auditor General of Pakistan. ·111e auditors shall submit to the Board and to the Federal Government a statement of the accounts audited by them together with a report stating therein any irrcgulafity noticed in the accounts or any objection many expenditure. The Board shall, as soon as may be after the close of a financial year, publish an annual report of it~ activities during that year together with a statement of its accounts. 1186 THE GAZ.E'lTE OF PAKIS'lAN. EXTRA .. AUG. 7. 2002 [PART lll Control of the Board 14. (i} The Board shall be subject to the superintendence and control of the Federal Government and shall he guided, in the discharge of its func­ tions by such gcncrnJ or special i nstrucLions as may, from time to lime, be given to it by lhe Government. (ii} The records of the Boaid shall be open to inspection by an officer authorized in this behalfhy the Federal Government. Delegation ol' powers 15. The Federal Government may. by notification in the Officfal Gazelle. direct that any powcrconfeJTed upon it by or under-this Resolution shall in relation to such matte.-s and subject to such conditions, if any as may be specified therein, be exercisable also by the Board. Winding Up 16. ln the e~ent of the winding up of the Horticulture Board al any stage of its operation all properties and assets vesting with the Chief Executive Officer shall revere co Che Governmem of Pakist,m. 17. ORDERED that copies of the Resolution be forwarded to the Provin­ cial Governmencs and various Min istl'ies/Divisions of the Government of Pakistan. ' 18. ORDERED also that the Resolution be published in the Gazette of Pakistan. So/ MIRZA QAMAR BEG, Sectetary Cum,11,~rce. MINISTRY OF COMMERCE NOTIFICAl'JON Islamabad, rhe 61ft August, 2002 No. 1(12)/2002/Exp.V.-WJIERi>AS the Government of Pakistan has decided to establish a Pakistan Horticultme Development and Export Board for th~ improvement of horticulture and export of fruits, vegetables and floriculture from Pakistan. PART Ill] THE GAZETTE OF PAKISTAN, EXTRA., AUG. 7, 2002 1'187 Axo WTIERllAS the Government decision contemplat.cs the setting up of an autonoruous Board to be ,·esponsible for administering the Pakistan's Ho1ticulcure Development and Export. Now. THEREFOR£, in pursuance of Resolution No. 1(12)/2000-B-V dated 5th August 2002, the following Board is notified: I. Mr. Afaq Tiwam,, CE.0., Farmers Associates Pakistan 11/19-B, Link Shami Road, Lahore. 2. Joint Secretary (E/G) Mioistry of Commerce Government of Pakistan Islamabad. 3. Director Ho1ticulture, Pakistao Agriculture Research Council, Plot No. 20, G-5/2, lslamabad. 4. Director General , 5, 6. 7. 8. Plant Protection Department, MINFAL Malir Halt, Jinnah Avenue, Karachi. Chairman. All Pakistan Fruit & Vegetables Exporters, Importers Merchants Association, Karachi. Mr. Jehangir Tareen, Chairman, Task Force Punjab (Wheat Resources) 90, Shahrah-i-Quaid-e-Azam, Lahore. Mr. Saadat Eijai Qureshi, Mis. Roshan Enterprises. B-51 , Rizwan SocicLy. University Roi,d, Karachi. Mr. Kamal-Uddin Ahmed, M/s. Ra1,j Trading Corporation, Jinnah Road, Quena . . Chairman Member Member Member Member Member Member Member 1188 THE GAZETTE 01-' PAKISTAN, EXTRA., AUG. 7. 2002 {PART Ill 9. Mr. Ikram lJl lah Khan, Fruit Grower and Member of the Advisory Committee of Federal ;\griculture lV!inister, Clo Pakistan Tobacco Board, Peshawar. 10. Mr. ivfasoom Akhtar, Managing Director, S,m1h Fruit Trading Co. (Pvt.) Ltd I-A, Sector 16, Korangi Industrial Area, Karachi. ll. Ms. Faryal Zaman, I-Zaman Park, L;~10re. 12. Mr. Mohammad Sadiqeen, Chief Executive Officer Quest.pack Pakistan (Pvt) Limited, 666, 6th Floor. Japan Plaza, M.A. Jinnah Road. Karachi. l3. Mr. Iqbal Mustafa, Chief Executive Officer, SMEDA, Isl Floor. Waheed Traders Complex, 36-\xx Khayahan-e-Iqbal, D.11.A, Lahore. 14. A repn~scmative of fruit Processing Industry ro be nominated by the Board. 15. Chief Executive Officer, Pakistan 1-lorticulture Development And Export Board. Member ,Wember Memba Member Member Member Member/Secretary The Chairman of the Board has been appointed for a period of two years subject to further extension of two year·s. IF- No. 1(12)/2002 E-V.) So/­ MUHAMMAD ASHRAF, Depllty Secreuuy. PRINTED DY THF. MA:'<A(;f:R, PlUNTIN(; C:()Rl'OR/\TIDN ~W PM(JSTAN PRESS, ISi,AMAB:\D PUDLISHW BY TI% MA1'i\GER OF 1'1 :auC,\TIONS. KARACHI