ISLAMABAD, THURSDAY, SEPTEMBER 10, 2015 Islamabad, the 8th September, 2015 No. F. 22(15)/2015-Legis.—The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 5th September, 2015 and is hereby published for general information:—
WHEREAS it is expedient to provide for certain reforms in the National Tariff Commission by repealing the National Tariff Commission Act, 1990 (VI of 1990), and re-enacting it for the purposes hereinafter appearing; It is hereby enacted as follows:—
It extends to the whole of Pakistan.
Price: Rs. 10.50 [1536 (2015)/Ex. Gaz.]
It shall come into force at once.
(a) "Commission" means the National Tariff Commission established under section 3; (b) "Interested party" means any party having interest in the product under investigation including domestic producers, importers, consumers, exporters, foreign producers, trade or business associations of the investigated product or such other persons or group of persons as the Commission may specifically through notification in official Gazette; (c) "Member" means a member of the National Tariff Commission and included the Chairman; (d) "prescribed" means prescribed by rules made under this Act; (e) "Repealed Act" mean the National Tariff Commission Act, 1990 (VI of 1990); (f) "Trade Remedy Laws" includes the Anti-Dumping Law, the Countervailing Duties Law and the Safeguard Measures Law for the time being in force.
The Commission shall be a body corporate having perpetual succession and a common seal. It shall have the authority and duty to exercise the functions assigned to it by or pursuant to this Act or any other law for the time being in force, shall have the power and authority to acquire, hold and dispose of property, both movable and immovable, in its own name, shall have the power and authority to open a personal ledger account in its own name and may sue and be sued in its own name.
The head office of the Commission shall be at Islamabad and the Commission may establish offices at such places as it may deem necessary.
No act, proceeding or decision of the Commission shall be invalid by reason only of the existence of a vacancy or defect in the Constitution of the Commission.
A member of the Commission shall,— (a) have at least a masters or professional degree or qualification from an accredited university or institute in international trade laws, business and commercial laws, economics, accountancy, tariffs and trade, commerce and trade, or a trade-related subject; knowledge of trade remedy Laws would be an advantage; and (b) have at least fifteen years of professional work experience in international trade law, business and commercial laws, economics, accountancy, harmonized tariffs, commerce and trade, tariffs and trade or other trade-related technical field; direct work experience in trade remedy laws would be an advantage.
The Federal Government shall select up to two members from the Commission’s experienced technical officers provided that they meet the eligibility and qualification requirements specified in sub-sections (1) and (2).
(a) has been convicted of an offence involving moral turpitude; (b) has been or is adjudged insolvent; (c) is incapable of discharging his duties by reasons of physical, physiological or, mental unfitness and has been so declared by a duly constituted Medical Board appointed by the Federal Government; (d) fails to disclose any conflict of interest at or within the time provided for such disclosure by or under this Act or contravenes any of the provisions of this Act pertaining to unauthorized disclosure of information.
If the Chairman's position becomes vacant, the Federal Government shall appoint and notify a new member or may designate and notify the most senior member as Chairman. In the absence of either notification, the most senior member, in terms of service in the Commission, shall perform the duties and functions of the Chairman.
(a) tariff and other trade measures to,— (i) provide assistance to the domestic industry; and (ii) improve the competitiveness of the domestic industry; (b) trade remedy actions being faced by domestic producers and exporters; (c) rationalization of tariff and proposals for tariff reform; (d) removal of tariff anomalies; and (e) any other matter relating to tariff or trade measures that the Federal Government may refer to the Commission.
In addition to the functions specified in sub-section (1), the Commission shall also perform such functions with respect to international trade and other matters that may be assigned to it by the trade remedy laws or any other law for the time being in force.
Where the Federal Government has adopted the recommendations of the Commission in whole or part, the Commission shall periodically review the effect of such recommendations and in consequence of the review may give further recommendations to the Federal Government.
The Commission shall advise, where possible, the domestic exporters and producers facing trade remedy investigations abroad.
The Commission shall assist the Federal Government at the World Trade Organization dispute settlement body in respect of matters pertaining to the Trade Remedy Laws, WTO Covered Agreements and disputes under other trade agreements. The Federal Government may hire the services of a qualified and experienced international trade lawyer or international trade consultant for this purpose on a case-to-case basis.
The Commission may undertake research to facilitate effective implementation of Trade Remedy Laws and tariff rationalisation, in a manner to be prescribed.
(a) an application that has been submitted by or on behalf of the domestic industry in the prescribed form and accompanied by the prescribed fee; (b) a reference received by it from the Federal Government; or (c) on its own motion.
Notwithstanding anything contained in this Act or in any other law for the time being in force, any business confidential information received or obtained, directly or indirectly, by the Commission pursuant to or in connection with an investigation, inquiry or study shall not be subject to disclosure by the Commission to any Ministry, Division, department, agency or instrumentality of the Federal Government or a Provincial Government without the prior permission of the party submitting such business confidential information.
The Commission shall take all acts and measures necessary to provide transparent and prompt access to information to all parties, in a prescribed manner.
(i) summoning and enforcing the attendance of any person and examining him on oath; and (ii) requiring the supply of any information and production of any document which may be useful for the conduct of its inquiry.
(i) the quality of the product to which such protection or assistance it to be given is good and conforms to the standards laid down by the Pakistan Standards and Quality Control Authority or, where such standard has not been prescribed, it conforms to internationally accepted standards; (ii) the additional cost to the consumer may not be excessive; and (iii) the industry is not likely to need the protection or assistance after a reasonable period of time.
Where it has decided to undertake any inquiry or investigation, the Commission shall take such measures as it deems necessary to ensure that all units engaged in economic activities similar to those being carried on by any industrial undertaking or trading business which has made an application or in respect of which an inquiry or investigation has been undertaken by the Commission are informed that such inquiry or investigation has been undertaken.
The enquiries and investigations undertaken by the Commission under this Act shall be completed within the periods as specified in the schedule.
The Federal Government shall take a decision on the recommendations of the Commission within fifteen days of the issuance of the same.
Provided that the Commission may not delegate its power or authority to initiate an investigation, to make preliminary or final determination, including review, refund and termination of investigations in cases governed by Trade remedy Laws or any other law that requires the Commission to make such determination: Provided further that a delegation under this sub-section may be revoked or modified by the Commission at any time and shall otherwise not prevent the Commission from concurrently performing or exercising any function or power so delegated: Provided also that the person to whom powers or functions are delegated pursuant to this sub-section shall not further delegate such powers or functions.
The Commission may, by and through, one or more of its members, officers, employees or agents, who have been duly designated by the Commission for such purpose, carry out any inquiry, investigation or function necessary or
At least two members, one of whom shall be Chairman, shall constitute a quorum, provided that in case of quorum of two Members, the decision shall be taken by consensus.
The Secretary to the Commission shall perform functions and duties, including the following, namely:— (a) to keep in custody the records and seal of the Commission; (b) to authorize payment of monthly salaries and allowances to the employees of the Commission; (c) to propose budget estimates and revised budget estimates and place the same before the Commission; (d) to receive applications for investigations on behalf of the Commission; and (e) to perform any other duties that may be assigned to him by the Commission.
Subject to sub-section (3), the Commission may employ, on market-scale salary, consultants, agents and technical, professional and other advisers including lawyers, economists, accountants, bankers, actuaries and other professionals to do any act necessary or appropriate to the exercise of the Commission’s powers or the performance of its functions as specified in section 8.
The employees of the Commission and other persons authorized to perform any function under this Act shall be deemed to be a public servant within the meaning of section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).
From the date of appointment, the pension, gratuity, GP fund and other retirement benefits of an employee appointed on full-time basis in the Commission shall be the same as Federal Government employees of the equivalent status, grade and scale.
Employees appointed on full-time basis shall be provided time-scale promotions. For this purpose, the Commission shall make necessary regulations with approval of the Federal Government.
All other matters relating to rules, orders, terms and conditions of services of the employees of the Commission shall be dealt with in accordance with the National Tariff Commission Employees' (Service) Rules 1995, as revised from time to time.
(a) grants from the Federal Government; (b) fee collected by the Commission; (c) aid from international agencies; and (d) such sums as the Federal Government may allocate to the Commission.
Within sixty days after the end of each financial year, the annual financial statements shall be audited by the Auditor-General of Pakistan.
The auditors shall make a report to the Commission upon the balance sheet and accounts. They shall state whether the balance sheet is a full and fair balance sheet containing all necessary particulars and properly drawn up so as to exhibit a true and correct view of affairs of the Commission. In case the Auditors have called for any explanation or information from the Commission, it shall be stated by the Auditors as to whether such explanation or information was provided to the auditors to their satisfaction or not.
Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898), no court other than a court of sessions shall have jurisdiction to try a person charged with an offence under sub-section (1).
Every such member, officer, consultant or adviser who communicates any such matter, except when required by law to do so or in the discharge of his duty as such, shall be punishable with imprisonment of either description for a term which may extend to three months, or with fine not exceeding five million rupees, or both.
Any information referred to in sub-section (1), if prejudicial to the National Security or Defence, shall be disclosed to the Agency seeking such information, with the approval of the Commission.
A person shall be deemed to have an interest in a matter if he has any interest, pecuniary or otherwise, in such matter which could reasonably be regarded as giving rise to a conflict between his duty to honestly perform his functions, so that his ability to consider and decide any question impartially or to give any advice without bias, may reasonably be regarded as impaired.
A person having any interest in any matter to be discussed or decided by the Commission, shall prior to discharge of any function or business of the Commission, disclose in writing to the Secretary to the Commission, the fact of his interest and the nature thereof.
Every person shall give written notice to the Secretary to the Commission of all direct or indirect pecuniary or other material or personal interests that he has or acquires in a body corporate involved in a matter at the Commission.
A disclosure of interest under sub-section (2) shall be made a part of the record of the Commission in that particular matter.
Where there is such disclosure of interest,— (a) such person shall not, save as provided in sub-sections (7) and (8) take part nor be present in any investigation, research, deliberation or decision of the Commission as the case may be; and (b) such person shall be disregarded for the purpose of constitution of a quorum or performance of a task, as the case may be.
Any person who fails to disclose his interest as required by this section shall, on proof of such act, be liable to removal from the Commission.
It shall be a valid defense for a person charged with the allegation of failure to disclose such interest under sub-section (7), if such person proves that he was not aware of the facts constituting such allegation and that he exercised due care and diligence in discovering the facts which he ought reasonably to have known in the circumstances.
The Commission shall make regulations for terms and conditions of employment for its employees.
Notwithstanding anything contained in any other law, judgment or decision of the Courts, all acts, procedures and decisions of the Commission made from September 2013 shall till date be deemed to have been validly made by the Commission.
THE SCHEDULE [See section 13 (2)] The Commission shall complete its enquiries and investigations under this Act as follows, namely:— (i) an enquiry or investigation for tariff and non-tariff protection or assistance to domestic industry shall, except in special circumstances, be completed within a period not exceeding sixty days, and in no case more than one hundred and twenty days after initiation; (ii) an enquiry or investigation for increase or decrease in tariff on the application of trading business or importers shall, except in special circumstances, be completed within a period not exceeding sixty days, and in no case more than one hundred and twenty days after initiation; (iii) an enquiry or investigation for removal of tariff anomaly shall, except in special circumstances, be completed within a period not exceeding thirty days, and in no case more than one hundred twenty days after initiation; (iv) Any other matter relating to tariffs or tariff policies shall be completed expeditiously but in any event no later than one hundred and twenty days; and (v) an enquiry or investigation initiated on the request of the Federal Government or on its own motion depending on the nature thereof shall be completed within the time periods given in clauses (i), (ii), (iii) and (iv) above: Provided that the Federal Government may, in situations constituting an urgency direct the Commission to expedite the enquiry or investigation to the extent possible as may be required to protect or assist the domestic industry.
MOHAMMAD RAZ, Secretary.