Balochistan Coastal Development Authority (Amendment) Act, 2003 (Balochistan Act No. VII of 2003)

I. mgRAORDINARY I t 5 I REGISTERED NO. S-2771 THE BALOCHISTAN GAZETTE PUBLISHED BY-AUTHORITY NO. 77 QUETfA THURSDAY OCTOBER 2003. BALOCHISTAN PROVINCIAL ASSEMBLY SECRETARIAT; NOTIFICATION . • Dated Quetta, the 30th October, 2003: No. PAB/Legis: V(7)/2003. The • Balochist,:,n Coastal • Development A;,ihority Bill, 2003 having been passed by· the Provincial Assembly of Balochisian ·on 11th October, 2003 and assented to by the Governor ofBalochistan. is.hereby published as an Act of the Provincial Assembly. The Balochistan Coastal Development Authority(Amendmentl Act, 2003 (Balochistan Act No. VII of 2003) • (First published after having receiv~d the assent of the Governor of Balochisian in the Balochistan Gazeue· (Extra Ordinary) dated 27'h October, 2003). AN ACT further lo amend the Balochistan Coastal Developmc nt Authority Act. ·1998( 1 of 1998). Printed by the Controller, Government Printing and Stationery Department, Balochistan Q<1e1ta: RS, lo/= D.No. 77-200-Copies- I I ,WOJ.: Shon title and co 111111encc111c1il. Amc1iu111cnl of Section 3 of Act.I of.J 998. Amendment of Section 5 of· Acl I of 1998. 2 WHEREAS. it is expedient further lo arnencl the Baloehislan Coastal Development Authority /\cl. I 998. in the manne1 .. hercinalicr appearing:·. • II is hereby cn,actccl as lt1l!ows: I.- ( I ) This· /\cl may ,he called the Balochistan Coastal Development Ai11hori1y ( t\1mmlmcnl) Act. 2003. '· (2) It ·shall come into force at once. • 2'. In the Balochistan Coastal Development Act, 1998, in sub­ section (3) ~f section 3; .the full stop appearing at the end shall ·be. ;ubstituted by ·a comma and •thereafter the words "and iis sub offices at such places as considered suitable by the Authority" shall be inset'tcd. • • 3. In the said Act. for sub-section (I) of Section 5. the . following shall be-substituted:- i ··(I) The Governing Body shall consist of the Chairman. The Chief Minister Balochistan shall act as the ex-officio. Chairman of the· Governing Body of the Authority with tlie following members:- • ' (a) Administrative Secretaries· of the following Departments of Government of Balochistan: (i) Additional Chief Secretary (Developnient). Planning and Development Department. (ii) Finance Department. (iii) . Environment. Wildlife, Livestock. Forest and Tourism Department. (iv) Fisheries Department. (v) Irrigation and Power Department. (vi) Educ ation. Literacy and Non-Formal Education. Culture. Sports and Youth Affairs Department. A mcm.hncnt of Section 7 or Act I or 1998. /\mcnt.lm,'lll or Scctilln l) of ,\ct I ,,!' I <J<JX. 3 (vii) Local Government. Rural Development and Agrovillcs Department. (viii) Puhlic Health Engin<:ering Depanmcnt. ( ix) Communication and Wnrks Department. (h) Nazim Gawadar Dis.trici. (c) Nazim Lashcla District. (d) Two Members of the Provincial Assembly rr,,,n the coastal arens to he nominated by the Chief Minister of Balochistan. (c) lwo qualilicd pcrsnns nf the repute on Coastal Arfoirs lo h,• nominated by the Chief Minister or llui<,chistan. (I) Dircct,1r licncral. llalochistan Coastal Development Authority. 4. In the said Act. alkr clause ( 15) of Section 7, the following new clause shall be inserted. "( 16) Formulate and implement policies and plans for the purpose of developing. establishing and maintaining its coastal area and waters along Balochistan Coast and includes facilitation. idcntilii.:ntion, planning or any'other purpose permitted by the law." 5. In the said Act. section 9 shall be numbered as sub-section (I) of 1ha1 section and ai'ler sub-section -(I), as so numbered, lhe 1<1ilowing 11,·11 sub-section shall be added:-· "(2 i The meeting of the Governing Body shall be presided over by the Chairman, in his absence by senior most member attending the meeting. (}) One third or the total number or mem~~rs shall i:onstitute a quorum decision by the Governing Body, Amendment of Section 11 of Act I of J 998. Insertion of new Section 16-A and 16-B in Act- I of 1998. Insertion of new Section in Act-I or 1998. 4 (4) The member shall have reasonabk notice of the time and place of the meeting and the maltcrs on \,.:hich a decision by the Governing Body shall be taken in such meeting. • (5) The majority of its members present shall take the decision of the. Governing Body, and in case of tie, the member presiding the meeting shall have casting vote. (6) - All the decisions of the Governing Body shall be taken in writing," • 6. In the said Act, in section 11. for the word .. Authority" the wards "Director General of the Authority'' shall be substituted. 7. In the said Act. after section 16. the following new sections shail be inserted, ~amcly: "16-A Levy of fee; cess; charges, taxes (I) There shall be levied, charged and collected call fee from all out station vessels/boats/launches per trip to ports/beaches/harbors/ anchorages along the Balochistan Coast at such rates as the Government may by notification in the Official Gazette fix from time to time. (2) Non landing fee or extra non landing fee shall be levied and charged form all those fishing trawlers who are desirous of fishing in·. the Specified Areas of Balochistan coast at such rates as the Government may by notification in the Official Gazette fix from time to time. (3) The fees or charges shall be collected and deposited in the funds in terms of section 16 of the Act. and accounted for as provided in section 18 of the said Act. 16-8 Bar of suit in Civil Court.-No suit shall be lie in any court to set aside or modify any assessment. levy or collection of fee. charges, ccss, duty or tax made under this /\ct and the Rules. 8. In the said Act. after section 20. the following new sections shall be inserted, anemely: 5 "21. Indemnity; No suit or legal proceedings shall lie against the Government and officials or any person in respect of any thing which is done or intended to be done in good faith under this Act or any rule made there-under. , • 22. Power to make Rules. The Authority with the prior approval of Government may by notification in the Official Gazette make ruies for carrying into effect the purposes of this Act. • • • ..... 23. Public Servants. The Chairinan. the Director· Ge~eral. members. officers and oflicials of the Authority shall. when acting or purporting to act in pursuance of any of the provisions of this A~t be deemed to be public servants within the meaning of the Pakistan Penal Code. 1860 (Act XL V of 1860). Muhammad Khan Mengal, Secretary. Provincial Assembly of Balochistan.