THE SASTI ROTI
AUTHORITY ACT 2010
(Act XIII of 2010)
C O N T E N T S
Section Heading
1. Short title, extent and commencement.
2. Definitions.
3. Establishment of the Authority.
4. Functions of the Authority.
5. Powers of the Authority.
6. Board of Management.
7. Chairman and Vice Chairman.
8. Director General.
9. Experts, etc.
10. Fund.
11. Budget and accounts.
12. Employees of the Authority.
13. Delegation of
powers.
14. Penalties.
15. Attempts and abetments.
16. Offences by
corporation.
17. False statements.
18. Trials by Tribunal.
19. Constitution of Tribunals.
20. Powers of Tribunals.
21. Appeal.
22. Transfer of cases.
23. Offences and procedure.
24. Bar of jurisdiction and reference
to arbitration.
25. Presumption as to orders.
26. Burden of proof in certain cases.
27. Protection of action taken under
the Act.
28. Validation and savings.
29. Officers and employees
of the Authority to be public servants.
30. Monitoring and Evaluation.
31. Annual report.
32. Act to have overriding effect.
33. Power to make rules.
34. Power to frame regulations.
35. Transition.
[1]THE SASTI ROTI AUTHORITY ACT 2010
(Act XIII of 2010)
[2 August 2010]
An Act to provide for the establishment
of the
Sasti Roti Authority in the
Preamble.– Whereas it is expedient to
establish the Sasti Roti Authority in the
It is
enacted as follows:-
1. Short
title, extent and commencement.– (1) This Act may be cited
as the Sasti Roti Authority Act 2010.
(2) It extends to whole of the
(3) It shall come into force at once.
2. Definitions.– In this Act–
(a) “Authority” means the Sasti Roti Authority
established under the Act;
(b) “Board” means the Board of Management of the
Sasti Roti Authority;
(c) “Chairman” means the Chairman of the
Authority;
(d) “Code” means the Code of Criminal Procedure
1898 (V of 1898);
(e) “Director General” means the Director General
of the Authority;
(f) “Government” means the Government of the
(g) “Member” means a member of the Board and
includes the Chairman;
(h) “prescribed” means prescribed by the rules
made under the Act;
(i) “Province” means the Province of the
(j) “sasti roti” means a tandoori roti sold at
subsidized rate under the Act at a tandoor;
(k) “subsidized flour” means the flour provided
to an owner of a tandoor for manufacture and sale of sasti roti;
(l) “tandoor” means a tandoor or plant
established for making tandoori roti and declared as tandoor by the Authority;
and
(m) “Tribunal” means a Tribunal constituted under
the Act.
3. Establishment
of the Authority.– (1) The Government may, by notification, establish
an authority to be called the Sasti Roti Authority.
(2) The
Authority shall be a body corporate, having perpetual succession and a common
seal with power to acquire hold and dispose of property and may, by the said
name, sue and be sued.
(3) The head office of the Authority shall be at
4. Functions
of the Authority.– (1) The Authority shall–
(a) develop framework for institutional
excellence, service delivery standards and mission statements for provision and
fair distribution of sasti roti;
(b) formulate policy, objectives, implementation,
and monitoring and evaluation procedure for the provision and distribution of
sasti roti;
(c) develop a strategic action plan relating to sasti roti;
(d) monitor, oversee and implement the sasti roti scheme throughout
the Province;
(e) issue the detailed specifications of sasti roti;
(f) declare tandoors and regulate the provision
of subsidy to a tandoor;
(g) issue directions to owners of tandoors for provision and
distribution of sasti roti to the deserving people of the Province;
(h) fix the rate of sasti roti and it may fix different rate of sasti
roti in different areas of the Province or at different tandoors on the basis
of reasonable classification;
(i) constitute committees and delegate all or any
of its functions to a committee; and
(j) perform any other function which is ancillary
to the above functions or as may be prescribed.
(2) The Government may issue directions to the
Authority for the purpose of efficient performance of the functions of the
Authority.
(3) The
Government may delegate any of its powers or functions, under any law for the
time being in force, to the Authority.
5. Powers of the Authority.– (1)
The Authority may, for maintaining supplies of sasti roti or for securing its
equitable distribution and availability at fair prices, weight, quality, by
order in writing, provide for regulating or prohibiting the keeping, storage,
movement, transport, supply distribution, weight, quality, disposal,
acquisition, use, consumption, trade of sasti roti or subsidized flour.
(2) The
Authority may–
(a) regulate
by licences, permits or otherwise the manufacture of sasti roti;
(b) control the price, weight, quality, at which sasti roti is bought
or sold;
(c) regulate
by licences, permits or otherwise, the storage, transport, distribution,
disposal, acquisition, use or consumption of sasti roti or subsidized flour;
(d) prohibit
the withholding from sale of any sasti roti ordinarily kept for sale;
(e) require
any person holding stock of sasti roti or subsidized flour to sell the whole or
a specified part of the stock to such persons or class of persons or in such
circumstances as may be specified in the order;
(f) regulate or prohibit any class of commercial or financial
transactions relating to sasti roti or subsidized flour which is or is likely
to be detrimental to public interest;
(g) collect any information or statistics with a
view to regulate or prohibit any of the aforesaid matters;
(h) require
persons, engaged in the manufacture, supply or distribution of sasti roti or
subsidized flour, to maintain and produce for inspection such books, accounts
and records relating to their business and to furnish such information relating
thereto as may be specified in the order;
(i) authorize
a person to enter and search any premises or vehicle and seize any article in
respect of which such person has reason to believe that a contravention of any
provision of this Act is being or is about to be committed or any record
connected with it; and
(j) charge fee for issuance of a licence, permit
or other document under this Act.
(3) The
Authority may exercise the powers as may be necessary for the performance of
its functions.
6. Board of Management.– (1)
The management of the Authority shall vest in the Board of Management and the
Board may exercise powers and perform functions of the Authority by itself or
through the officers of the Authority or the Government.
(2) The Board shall consist of the following:-
(a) Chief Minister; Patron-in-Chief
(b) Chairman, Sasti
Roti Authority; Member
(c) Additional
Chief Secretary; Member
(d) Secretary to
Government, Member
Food Department;
(e) Secretary to
Government, Member
Finance Department;
(f) Secretary to
Government, Member
Industries Department;
(g) five persons
including at least two females Members
to be nominated by the
Government;
(h) one member of
the Provincial Assembly Members
of the
Province to be nominated by the
Government;
(i) Director
General; Member/Secretary
(3) The Government shall
nominate the Members of the Board in the category specified in clause (g) of
sub-section (2) for a period of three years.
(4) The Chairman may, with the approval of the
Patron-in-Chief, co-opt any other person as Member of the Board for a meeting
or for a specified period.
(5) The Chairman shall determine the time, date
and place of a meeting of the Board and the Secretary of the Board shall
convene the meeting on the direction of the Chairman.
(6) Five Members shall constitute the quorum for a
meeting of the Board.
(7) The Board shall take a decision by majority of
votes of the Members present and voting and in the event of equality of votes,
the Chairman shall have a casting vote.
(8) The Patron-in-Chief, Chairman or a Member
nominated by the Chairman shall, in order of precedence, preside over a meeting
of the Board.
(9) The Secretary of the Board shall, under the
directions of the person presiding the meeting, record the minutes and keep the
minutes in a book to be maintained for the purpose after obtaining signatures
of the person who presided the meeting.
(10) The proceedings of a meeting of the Board
shall not be invalid merely due to any vacancy or defect in the constitution of
the Board.
7. Chairman and Vice Chairman.–
(1) The Government shall appoint a person as Chairman of the Authority who
shall also be the Chairman of the Board.
(2) The Government shall
determine the terms and conditions of service of the Chairman including tenure
of his office.
(3) The Chairman shall
hold office during the pleasure of the Government.
(4) The Additional Chief Secretary to the
Government shall be the Vice Chairman of the Authority.
(5) The Vice Chairman of the Authority shall, in the absence of
the Chairman, exercise the powers and functions of the Chairman.
8. Director General.– (1) The Government shall appoint a Director General
of the Authority who shall exercise such powers and perform such functions as
may be conferred or assigned to him by the Board.
(2) The Director General shall–
(a) be
a whole-time employee of the Authority;
(b) hold office for a term of three years from the
day he enters upon his office;
(c) be an officer of the Government or a person
from the private sector; and
(d) be
the principal accounting officer of the Authority.
(3) The Government shall determine the terms and
conditions of the service of the Director General.
(4) The
Director General shall, notwithstanding the expiration of his term, continue to
hold office for a further period of three months or till his successor enters
upon his office, whichever is earlier.
(5) Nothing
contained in this section shall preclude the Government from re-appointing the Director
General to hold that office for such further
period as may be specified but not exceeding three years at a time.
(6) The
Director General may
resign his office by tendering a resignation in writing to the Government with
three months’ prior notice or on payment of three months pay in lieu of the
notice.
(7) The
Government may remove the Director General without assigning any
reason on one month notice or on payment of one month pay in lieu of the
notice.
9. Experts,
etc.– The Board may, with the approval of the Government, appoint or engage
such technical experts as it considers necessary on such terms and conditions
as may be prescribed.
10. Fund.– (1)
There shall be a fund of the Authority to be known as Sasti Roti Fund.
(2) The fund shall consist of–
(a) grants made by the Government or other
authorities or agencies;
(b) donations
from national or international agencies;
(c) donations from philanthropists, non
governmental organizations or any other person or association of persons; and
(d) income
from any other source.
(3) The
fund shall be maintained and invested in such manner as may be prescribed.
(4) The
fund shall be utilized to meet the expenses of the Authority in connection with
its functions under the Act.
(5) The
Authority shall not obtain loan or incur debt.
11. Budget and accounts.– (1) The Authority shall,
before the commencement of a financial year, prepare a statement of the
estimated receipts and expenditure of the Authority for the financial year and
forward the same to the Government for approval.
(2) The Authority shall maintain such accounts and
in such manner as may be prescribed.
(3) The Government shall appoint a Chartered
Accountant or a firm of Chartered Accountants for annual audit of accounts of
the Authority.
(4) The Government may direct special audit of
accounts of the Authority for a period not exceeding three years.
12. Employees of the Authority.– (1)
The Authority may, subject to the approval of the Government, employ such
officers and other employees as it considers necessary for the efficient
performance of its functions under the Act.
(2) The Authority may
provide for the grant of such allowances, leave, pension, gratuity, provident
fund and other benefits and facilities as may be prescribed.
(3) The
Authority may employ the services of the Government functionaries with the
prior consent of the Government.
13. Delegation of powers.–
(1).The Board may, by general or special order and subject to such conditions
as may be specified in such order, delegate any of its powers or functions to
the Chairman, Committee, Director General, an employee of the Authority or to
an employee of the Government.
(2) All properties, funds and dues which are
vested in or realizable by the Authority shall vest in and be realizable by the
Director General.
(3) The Director General shall keep separate
accounts of all moneys received and expended by him under the Act.
(4) The Director General may dispose of the
properties, assets and rights of the Authority in such manner as the Government
may direct.
(5) The
Director General may delegate any of his powers under this section to an
officer of the Authority to such extent and on such terms and conditions as may
be prescribed.
14. Penalties.– (1) If any person contravenes any order made under this
Act, he shall be punished with imprisonment for a term which may extend to
three years, or with fine which may extend to fifty thousand rupees, or with
both and, if the order so provides, the Tribunal shall direct that any property
in respect of which the Tribunal is satisfied that the order has
been contravened shall be forfeited to the Government, unless for reasons to be
recorded in writing, it is of the opinion that the direction should not be made
in respect of the whole, or as the case may be, a part of the property.
(2) The
owner of any conveyance or animal carrying any property in respect of which an
order under this Act is contravened, shall, if the property is part of the
transaction involving the contravention and if he knew or had reason to believe
that the contravention was being committed, be deemed to have contravened the
order, and, in addition to the punishment to which he is liable under
sub-section (1), the conveyance or animal shall, when the order provides for
forfeiture of the property in respect of which the order is contravened, be
forfeited to the Government.
(3) If any person to whom
a direction is given under this Act fails to comply with the direction, he
shall be punished with imprisonment for a term which may extend to three years
or with fine which may extend to fifty thousand rupees, or with both.
15. Attempts and abetments.– Any person who attempts to
contravene, or abets the contravention of any order made under this Act shall
be deemed to have contravened that order.
16. Offences by corporation.– If the person contravening an order made under
this Act is a Company or other body corporate, every director, manager,
secretary or other officer or agent thereof shall, unless he proves that the
contravention took place without his knowledge or that he exercised all due
diligence to prevent such contravention, be deemed to be guilty of such
contravention.
17. False statements.– If a person–
(i) when required by an order made under this
Act to make any statement or furnish any information, makes any statement or
furnishes any information which is false in any material particular and which
he knows or has reasonable cause to believe to be false, or does not believe to
be true; or
(ii) makes any such
statement as aforesaid in any book, account, record, declaration, return or
other document which he is required by any such order to maintain or furnish;
he
shall be punished with imprisonment for a term which may extend to three years
or with fine which may extend to fifty thousand rupees or with both.
18. Trials
by Tribunal.– An offence punishable under this Act shall be
exclusively triable by the Tribunal.
19. Constitution of Tribunals.– (1) The Government may, by
notification, constitute, for the whole or any part of the Province, one or
more Tribunals consisting of a person who–
(a) has, to his credit, at least five years
practice as an Advocate; or
(b) has, for a total period of not less than three
years, exercised the powers of the First Class Magistrate under the Code; or
(c) is and has for a period of not less than ten
years been in the service of
(2) The Government shall appoint a person as
presiding officer of a Tribunal who is eligible under sub-section (1).
(3) A
Tribunal shall sit at such place as the Government may, by notification,
specify.
20. Powers of Tribunals.– A Tribunal may pass any sentence and exercise all
or any of the powers which a Magistrate of the First Class empowered under
section 30 of the Code may pass or exercise under the Code.
21. Appeal.– (1) A person, sentenced by a Tribunal, may appeal
to the Court of Sessions having jurisdiction in the area, within thirty days of
the passing of the sentence.
(2) Save
as provided in sub-section (1), no court shall take cognizance or revise a
sentence, or to transfer any case from a Tribunal, or to make order under
sections 426, 491 or 498 of the Code, or have jurisdiction of any kind in
respect of any proceeding of a Tribunal.
22. Transfer of cases.– All cases regarding any
matter within the jurisdiction of a Tribunal pending trial in any Court
immediately before the constitution of a Tribunal under this Act, shall stand
transferred to the Tribunal which has jurisdiction to try such case.
23. Offences and procedure.– (1) An offence under this Act shall be cognizable and
non-bailable.
(2) The procedure for the
trial of offences under this Act shall be the same as is laid down in the Code
for summary trials on the basis of a police report or complaint submitted by
the Director General, an authorized officer of the Authority or an officer
notified by the Government.
(3) Nothing in this section shall preclude a Tribunal
to follow the procedure laid down in the Code for the trial of summons cases by
the Magistrates.
24. Bar of jurisdiction and reference to arbitration.– (1) No order made in exercise
of any power conferred by or under this Act shall be called in question in any
Court.
(2) Save any order passed by a Tribunal under this
Act, any person aggrieved by an order made in exercise of any power conferred
by or under this Act, may by an application in writing, within thirty days of
the passing of the order, refer the matter to the arbitration of a sole
arbitrator appointed by the Government.
(3) The Government shall appoint one or more
arbitrators for all cases or different arbitrators for different classes of
cases under this Act.
(4) All suits, appeals or applications regarding
matters to which this Act applies, pending in any Court, except an appeal
against an order preferred to the Court of Sessions or Lahore High Court, shall
abate.
(5) A reference to arbitration under sub-section
(2) in respect of such orders as were subject-matter of a suit, appeal or
application which abated under sub-section (4), may be made to an arbitrator
within thirty days of the coming into force of this Act.
25. Presumption as to orders.– Where
an order purports to have been made in exercise of any power conferred by or
under this Act, a Court or Tribunal shall presume that such order was so made.
26. Burden of proof in certain cases.– Where any person is prosecuted for contravening
any order made under this Act which prohibits him from doing an act or being in
possession of a thing without lawful authority or without a permit, licence or
other document, the burden of proving that he has such authority, permit,
licence or other document, shall be on that person.
27. Protection of action taken under the Act.– (1) No suit, prosecution or other legal
proceeding shall lie against any person for anything which is, in good faith,
done or intended to be done in pursuance of any order made under this Act.
(2) No
suit or other legal proceeding shall lie against the Government for any damage
caused or likely to be caused by anything which is, in good faith, done or
intended to be done in pursuance of any order made under this Act.
28. Validation and savings.– All policy
instructions or directions of the Government issued before the coming into
force of this Act which are not contradictory to this Act shall be deemed to be
issued under this Act.
29. Officers and employees of the Authority to
be public servants.– The employees
of the Authority shall be deemed to be public servants within the meanings of
section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).
30. Monitoring and Evaluation.– (1) The Government may
appoint an independent agency or entity for social audit and evaluation of the
performance of the Authority for a specified period.
(2) The Agency or entity
shall submit its report to the Government and the Government shall lay the
report in the Provincial Assembly of the
31. Annual report.– (1) The Authority shall submit annual report of its
activities to the Government at the end of a financial year.
(2) The Authority shall circulate a quarterly
report of its activities to all the Members in the prescribed manner.
(3) The Government shall lay the annual report of
the Authority in the Provincial Assembly of the
32. Act to have overriding effect.– Notwithstanding anything
inconsistent contained in any other law, the provisions of this Act and any
order made under this Act shall have overriding effect over all other laws.
33. Power to make rules.– (1) The Government may make
rules for carrying out the purposes of the Act.
(2) In particular and without prejudice to the
generality of the foregoing provisions, such rules may provide for:
(a) the
manner and form of keeping the accounts of the Authority;
(b) qualifications
and procedure to be followed for appointment or recruitment of advisers,
consultants, experts, officers and other employees of the Authority;
(c) terms and conditions of employment or service
of the employees of the Authority;
(d) date
on which and the form in which the annual budget statement of the Authority
shall be submitted to the Government each year;
(e) procedure for appropriation and
re-appropriation of moneys at the disposal of the Authority;
(f) form and manner in which the accounts of
receipts and expenditure of the Authority shall be kept;
(g) manner in, which accounts of the Authority
shall be audited;
(h) manner in which audit reports shall be
submitted to the Government;
(i) manner and form in which and the authority to
whom returns, reports, or statements shall be submitted;
(j) establishment, composition, powers and duties
of various committees which may be established under the Act; and
(k) such other matters relating to the
administration and other affairs of the Authority as the Government may think
fit to prescribe.
34. Power to frame regulations.– The Authority may, with the previous approval of
the Government, frame regulations for matters not provided for in the rules for
which provision is necessary or expedient for carrying out the purposes of the
Act.
35. Transition.– All matters relating to the sasti roti initiative
of the Government shall be transferred to the Authority through a notification
to be issued under this Act.
[1]This Act was passed by the
Punjab Assembly on 15 July 2010; assented to by the Governor of the