The North-west Frontier Province Forest Development Corporation Ordinance, 1980

THE NORTH-WEST FRONTIER PROVINCE FOREST DEVELOPMENT CORPORATION ORDINANCE, 1980.
N.-W. F. P. ORDINANCE No. 11 OF 1980.
Peshawar the 29th March, 1980.
AN
ORDINANCE.
to amend and consolidate the Law relating to establishment of Forest Development Corporation in the North-West Frontier Province.
WHEREAS it is expedient to amend and consolidate the law relating to establishment of Forest Development Corporation in the North-West Frontier Province;
AND WHEREAS the Governor of the North-West Frontier Province is satisfied that circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order 1977 (C. M. L. A. Order No. 1 of 1977), and in exercise of all powers enabling him in that behalf, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance.
1.         (1) This Ordinance may be called the North-West Frontier Province Forest Development. Corporation Ordinance, 1980.

  1. It extends to whole of the North-West Frontier Province.
  2. It shall come into force at once.

2.         In this Ordinance, unless there is anything repugnant in the subject or context,—
(a)        "Board" means the Board of Directors of the Corporation constituted under this Ordinance;

  1. "Chairman" means the Chairman of the Board;
  2. "Corporation" means the North-West Frontier Province Forest

Development Corporation established or deemed to have been established under this Ordinance;
(d)       "Forest produce" means the Forest produce as defined in the Forest Act, 1927 (VI of 1927);
(e)        "Government" means the Government of the North-West Frontier Province;

 

(f)        "Governor" means the Governor of the North-West Frontier Province.
(g)        "Managing Director" means the Managing Director of the Corporation and includes any person for the time being discharging the functions of the Managing Director;
(h)        "General Manager" means the General Manager of the Corporation ; ( i) "prescribed" means prescribed by rules made under this Ordinance; and
(j)         "timber" means the timber as defined in the Forest Act, 1927 (VI of 1927).
3.         (1) As soon as may be, after the commencement of this Ordinance, Government shall establish a Corporation to be called the North-West Frontier Province Forest Development Corporation.

  1. The Corporation shall be a body corporate having perpetual succession and common seal, with power, subject to the provisions of this Ordinance, to acquire and hold property, both movable and immovable, and shall by the said name sue and be sued.
  2. The Head Office of Corporation shall be at Peshawar with Regional Offices at such other places as Government may direct.

4.         The authorised share capital of the Corporation shall be ten million rupees, to be subscribed by Government, or such other amount as Government may, from time to time, determine.
5.         (1) The general direction, control and administration of the affairs of the Corporation shall vest in the Board which may exercise all powers and do all act and things which may be exercised or done by the Corporation in accordance with the provisions of this Ordinance.

  1. The Board in discharging its functions shall act on commercial considerations and shall be guided by such direction as may, from time to time be given by Government.
  2. All acts of the Corporation, whether executive or other-wise shall be expressed to be taken in the name of the Corporation and shall be authenticated in such manner as may be prescribed.
  3. All business of the Corporation shall be transacted in such manner as may be prescribed.

6.         (1) The Board shall consist of a Chairman and Directors as hereinafter provided.

 

(2) The Minister for Forests or, in his absence, a nominee of the Governor shall be the Chairman of the Board.
(3) The following shall be the Directors of the Board:
(i) Additional Chief Secretary to Government, Planning and Development Department;
(ii) Secretary to Government, Finance Department;
(iii) Secretary to Government, Incharge of the Forest Department;
(iv) Managing Director;
(v) one nominee of the principal loan giving agency, other than Government, if any;
(vi) a non-official nominee of the Governor having experience in an eminent capacity of business and administration, and having no financial interest directly or indirectly, in the Corporation;
(vii) Chief Conservator of Forests. North-West Frontier Province.
(4) The Chairman and each Director shall perform such duties and receive such salary or allowances as may be prescribed.
7.         Government may appoint a Managing Director of the Corporation who shall be the Chief Executive of the Corporation and shall exercise such powers and perform such duties as Governor may, from time to time, specify, or the Board may under section 13 delegate.
8.         (1) The Board may, subject to such general or special orders as Government may, from time to time give, appoint such officers, advisers and employees necessary for the efficient performance of the functions of the Corporation on such terms and conditions as may be prescribed.

  1. The Board shall employ such officers, experts, advisers, consultants and other persons as may be transferred to it by Government, on such terms and conditions as may be determined by Government.
  2. The Chairman, in case of urgency, may appoint such officers, advisers, consultants and other employees as may be necessary:

Provided that every appointment made under this subsection shall be reported to the Board without unnecessary delay, and shall not continue beyond six months unless approved by the Board.

 

9.         (1) The meetings of the Board shall be held at such times and at such places as may be prescribed:
Provided that until rules are made in this behalf, such meetings shall be held at such times and at such places as may be determined by the Chairman.

  1. The quorum necessary for transacting business at a meeting of the Board shall be five.
  2. All decisions in the meeting shall be taken by majority of votes. In the event of an equality of votes, the Chairman shall have a second or casting vote.
  3. The meeting of the Board shall be presided over by the Chairman and in his absence by the person authorised by the Chairman in writing in that behalf, and in default of such authorisation by the person elected for the purpose by the Directors present from among themselves.
  4. The minutes of every meeting of the Board, stating among other things, the names of the Directors present, shall be drawn up and recorded in a book to be kept for the purpose, and shall be signed by the person presiding at the meeting. Such book shall at all reasonable times and without charge be open to inspection by the Directors.
  5. No act or proceeding of the Board shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of the Board.

10.       (1) The Corporation shall make suitable arrangements for the
(i)         economic and scientific exploitation of forests;
(ii)        sale of forest produce;
(iii)       establishment of primary wood-processing units;
(iv)       regeneration in areas to be specified by Government; and
(v)        performance of such other functions as may be assigned to it by Government.
(2) For carrying out any of its functions, the Corporation may, with the approval of the Board, sponsor limited or subsidiary companies incorporated under the Companies Act, 1913 (VII of 1913), on such terms and conditions relating to their capital structure, its subscription, representation of the Corporation on their management, under writing of the share capital and sale or transfer of the Corporation's share therein, as the Board may deem proper; provided that before sponsoring any such company, the Corporation shall obtain the approval of Government to the Company's capital structure.

 

11.       All contracts made by or on behalf of the Corporation shall be

  1. in writing and expressed to be in the name of Corporation; and
  2. executed in such manner as may be prescribed.

12.       (1) There shall be a fund to be known as the Corporation Fund vested in the Corporation which shall be utilized by the Corporation to meet charges in connection with its functions under this Ordinance to including the payment of salaries and other remuneration to the Managing Director, officers and servants of the Corporation.
(2) The Corporation Fund shall consist of (a) capital subscribed by Government;

  1. grants made by Government;
  2. loans obtained from Government;

(d)       sale proceeds of bonds issued under the authority of the Government:
(e)        loans obtained from Banks and other financial institutions;
(f)        foreign aids and loans obtained with the previous sanction of the Federal Government;
(g)        sales proceeds of timber and other forest produce ; and
(h)        income accruing from operations of the Corporation for any of the limited or subsidiary companies sponsored by it.
13.       (1) The Board may, for the purpose of efficient functioning of the Corporation, by a resolution , delegate to the Chairman or Managing Director or any other officer of the Corporation, subject to such conditions and limitations as may be specified therein, such of its powers, duties or functions under this Ordinance as it may deem appropriate.
(2) The Managing Director may with the prior approval of the Chairman, delegate to officers of the Corporation such of the powers and duties assigned to him by or under this Ordinance, other than those delegated to him under sub-section (1) as he may deem appropriate.

 

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