[1]THE PUNJAB
HALAL DEVELOPMENT AGENCY ACT 2016
(Act LVI of 2016)
[06 December 2016]
An Act to establish the Punjab Halal Development
Agency to regulate and promote the trade of halal food and non-food products in
the Punjab.
It is necessary to
establish Punjab Halal Development Agency to promote the trade of halal food
and non-food products, to regulate halal processes of trade and commerce in the
Province and to ensure the implementation of uniform Halal Standards and
directions of the Pakistan Halal Authority; and, to deal with ancillary matters.
Be it enacted by Provincial Assembly of the Punjab as follows:
1. Short title, extent and commencement. (1) This Act may be cited as the Punjab Halal
Development Agency Act 2016.
(2) It
extends to whole of the Punjab.
(3) It
shall come into force on such date as the Government may, by notification, specify
and different dates may be so specified for different areas.
2. Definitions. (1) In this Act:
(a) Act
means the Punjab Halal Development Agency Act 2016;
(b) Accredited
Body means a body to which Pakistan National Accreditation Council has
accorded formal recognition that the body is competent to carry out specified
tasks;
(c) Agency
means the Punjab Halal Development Agency established under section 3 of the
Act;
(d) Authority means
the Pakistan Halal Authority established under the Pakistan Halal Authority
Act, 2016 (VIII of 2016);
(e)
"article" means any substance, artificial or
natural, or partly artificial
and partly natural, whether partly or wholly processed, or a manufactured product, and any service or financial
product offered to the public;
(f)
"Chairperson" means
the Chairperson of the Agency;
(g) Domestic
Halal Certificate means the permit to use Halal logo issued by the Agency;
(h) food
includes every article manufactured, sold or represented for use as food or
drink for human consumption or which enters into or is used in the composition,
preparation, preservation of any food or drink and includes confectionery,
chewing substances and any ingredient of such food, drink, confectionery or
chewing substances;
(i) food premises means the premises used for, or in connection with, preparation, preservation, packaging, storage, conveyance, distribution or sale of any food or the re-labelling, reprocessing or reconditioning of any food;
(j) Government means Government of the Punjab;
(k) "halal" means anything which is not haram or najis and is considered halal by the laws of Islam;
(l) "Halal Certificate" means the certificate issued by the Agency to the effect that an article or process is in conformity with the Halal Standard pertaining thereto, and authorizing use of the Halal logo in respect thereof;
(m) "Halal Certification" means the entire process of conformity assessment including audit, inspection, testing, and evaluation to establish that an article or process is in conformity with the Halal Standard, resulting in issue of a Halal Certificate;
(n) Inspection Body means a person or body of persons certified by the Agency to act as Inspection Body under the Act;
(o) manufacturer includes a
person or entity who:
(i)
is in the business of manufacturing food or a product for purposes of
trade or commerce within the Province;
(ii)
labels food or a product as his own or who otherwise presents himself as
the manufacturer of the food or product;
(iii)
as a seller, exercises control over the design, construction or quality
of the food or a product that causes damage;
(iv)
assembles food or a product by incorporating into his product a component
or part manufactured by another manufacturer; and
(v)
is a seller of a food or product of a foreign
manufacturer and assumes or administers warranty obligations of the product, or
affiliated with the foreign manufacturer by way of partial or complete
ownership control, or modifies or prepares a food or a product for sale or
distribution;
(p) "prescribed" means prescribed by the rules or
regulations made under the Act;
(q)
"process"
means a series of steps for the production, manufacture
or development of any article or system;
(r)
product"
has the same meaning as assigned to the word "goods" in the Sale of
Goods Act, 1930 (III of 1930), and includes products which have been
subsequently incorporated into another product but does not include animals or
plants or natural fruits and other raw products, in their natural state, that
are derived from animals or plants;
(s) Province means
Province of the Punjab;
(t) Registrar means
Registrar of the Agency;
(u) "regulations" mean regulations framed under the Act; and
(v) "rules" mean rules made under the Act.
(2) A word or expression used in the Act but not
defined herein shall have the meaning assigned to it in the Pakistan Halal
Authority Act, 2016 (VIII of 2016).
3. Establishment
of the Agency. (1) The
Government may, by notification in the official Gazette, establish the Punjab Halal Development Agency for
carrying out the purposes of this
Act.
(2) The Agency shall be a body corporate having
perpetual succession and a common
seal, with powers, subject to the provisions
of the Act, to acquire and hold property, both movable and immovable, and shall by the said name sue and
be sued.
(3) The
headquarters of the Agency shall be at Lahore and it may, with the prior approval of the Government,
set up offices at such other places as may be required.
(4) The Agency shall consist of the Chairperson to be nominated by the Government and the following members:
(a) Secretary to the Government, Auqaf and Religious Affairs
Department;
(b) Secretary to the Government, Industries, Commerce and Investment
Department;
(c) Secretary to the Government, Livestock and Dairy Development
Department;
(d) Secretary to the Government, Agriculture Department;
(e) Secretary to the Government, Food Department;
(f) six
eminent citizens who have expertise in the field of food technology and
nutrition sciences, pharmaceuticals, religious affairs or poultry and livestock
industry to be nominated by the Government; and
(g) Registrar (member/Secretary).
(5) The Chairperson shall preside the meetings of the Agency; but, in the absence of the Chairperson, the members present at a meeting shall elect one of the members to preside that meeting.
(6) No act or proceeding of the Agency shall be invalid merely on the ground of existence of any vacancy or defect in the constitution of the Agency.
4. Terms of office of members.
(1) A member, other than an ex-officio member, shall hold office for a
period of three years from the date of assuming office.
(2) A member other than an ex-officio
member may, at any time, resign his office by
writing under his hand addressed to the Government.
5. Removal of members. The
Government may, after affording an opportunity of hearing, remove a member,
other than an ex-officio member, if he:
(a) has been adjudged an
undischarged insolvent; or
(b) has been convicted of an
offence which involves moral turpitude; or
(c) has become physically or
mentally incapable of acting as a member; or
(d) has abused his position as a member and rendered his
continuance in the office prejudicial to the public
interest.
6. Functions of the Agency. (1) The Agency shall generally assist the Authority in the performance of its functions.
(2) Without prejudice to the generality of the
foregoing powers and subject to the provisions of this Act, the Agency shall:
(a) maintain a
continuing working relationship and coordinate with the Authority,
international forums, entities and organizations to promote halal concept and
certification;
(b) develop
procedure and auditing system for implementation of Halal Standards and
certification;
(c) issue domestic
halal certificate, certifying that the products listed are Halal;
(d) issue Halal Licence certifying that the
plant, production facility, food premises, slaughterhouse or abattoir, or the
establishment handling food has been approved to produce, distribute or market
halal food and the items listed therein;
(e) implement the
certification process and procedure for the appointment of Inspection Bodies;
(f) grant and
revoke licence of certified Inspection Bodies and maintain list of such bodies;
(g) maintain a register of all approved bodies to be called the Provincial Register of the Halal approved bodies;
(h) authorize use
of the halal logo by the halal certificate holders;
(i) recommend
the Authority to suspend or revoke the halal certificate issued by the
Authority for export or import or inter-provincial commerce;
(j) develop the
capacity of all stakeholders for development of the Halal products and
certification system through national and international coordination and
support;
(k) arrange and
conduct public awareness campaign for promotion of halal sector; and
(l) perform such
other functions as may be assigned by the Government.
7. Registrar. (1) There
shall be a Registrar of the Agency who shall be the chief executive of the Agency and who shall be appointed by the Government
on such terms and conditions as are prescribed and until so prescribed as the
Government may determine.
(2) The Registrar shall discharge such duties and
perform such functions as are assigned to him by the Agency or Government.
8. Domestic Halal
Certificate. (1) A person or body may apply for:
(a) Domestic Halal
Certificate for its product;
(b) Halal Licence for plant production facility or
abattoir; and
(c) permission
to use the Halal logo.
(2) An application for obtaining
Domestic Halal Certificate shall be made to the Agency in such form and be
accompanied by such fee and shall contain such information as may be
prescribed.
(3) The Agency shall evaluate the application in accordance with the prescribed criteria and shall assign it to its Auditor and Shariah Department or to a Licensed Certified Inspection Body to audit the product or process or plant production facility or abattoir of the applicant as the case may be and shall submit audit report within the prescribed time.
(4) On receipt of the report, the Agency may issue the Domestic Halal Certificate or Halal Licence subject to such conditions as may be prescribed and until so prescribed as the Agency may deem appropriate.
(5) The
Domestic Halal Certificate or Halal Licence shall be valid for one year and may
be renewed by the Agency in the prescribed manner.
(6) An application for renewal of the Certificate shall be submitted to the Agency, at least, three months prior to the date of expiry of the Certificate or Halal Licence.
(7) The
body or person in whose name the Domestic Halal Certificate or Halal Licence is
registered shall keep the record of the business as mentioned in the Act or as
prescribed and shall make such record available to any official authorised by
the Agency or the Authority for purposes of implementation of the provisions of
this Act or the Pakistan Halal Authority Act 2016 (VIII of 2016).
(8) If
at any time, after issuance of the Domestic Halal Certificate or Halal Licence,
the Agency is satisfied, either on a reference made to it in this behalf by any
person or otherwise, that:
(a) the Halal
business is not being conducted in accordance with the provisions of the Act;
or
(b) the licence
granted by it has been obtained by misrepresentation or suppression of material
facts; or
(c) there is an
adverse material change in the conditions in which the halal products are being
processed, manufactured or made,
the Agency may order special inspection by the
Inspector or by the Certified Inspection Body who shall submit the inspection
report and the Agency may, after giving due notice and after affording an
opportunity of hearing may cancel or suspend the licence for such period as it
may determine.
(9) The Agency shall have the power to suspend the
Domestic Halal Certificate or Halal Licence where the circumstances so warrant
after obtaining special report and providing an opportunity of hearing to the
holder of Domestic Halal Certificate or Halal Licence.
9. Certification
of Inspection Bodies. (1) A person or
body may apply for a licence to act as Certified Inspection Body by submitting
an application and on payment of fee as may be prescribed by the Agency.
(2) The
Agency shall maintain a list of the Inspection Bodies in the prescribed manner.
(3) If,
at any time, after issuance of the licence to act as an Inspection Body, the
Agency is satisfied either on a reference made to it in this behalf or
otherwise, that:
(a) the licence granted by it has been
obtained by misrepresentation or suppression of material facts; or
(b) there
is an adverse material change in the conditions in which the licence to act as
Inspection Body was granted,
the Agency may,
after giving due notice and after affording an opportunity of hearing, cancel
or suspend the licence, as the case may be, for the period it may deem
appropriate.
10. Inspectors.
(1) The Agency may appoint Inspectors, having the prescribed
qualifications, for the purpose of enforcement of this Act or rules or
regulations made thereunder.
(2) Subject to
the Act and rules or regulations, an Inspector shall have powers to:
(a) inspect any
operation carried on in connection with any article or product or action or
process in relation to Halal Certification;
(b) take
samples of any article, or of any material or substance used in any article or
process, in relation to which Halal logo has been used;
(c) seize and detain for
such time as may be necessary, any article to which he believes any provision
of the Act has been contravened; and
(d) stop,
search or seize any transport vehicle in which he believes on reasonable ground
that any article is being transported which does not conform to Halal Standards
and certification.
(3) Every
Inspector, at the time of inspection, must hold the identification card which
shall be produced on demand.
(4) A person who
obstructs or impedes the performance of duties by an Inspector or an officer
authorized by the Agency shall be guilty of an offence punishable under section
17 of the Act.
(5) An article
seized under subsection (2) may be kept or stored in the premises where it is
seized or may be removed to any other place or appropriately disposed of in
case of its perishable nature, or as an Inspector may deem appropriate.
(6) The
Inspector shall release any article seized by him under subsection (2) if he is
satisfied that all the requirements of the Act stand complied with.
(7) Any person
who removes, alters, or interferes in any way with an article seized by an
Inspector shall be guilty of an offence punishable under section 17 of the Act.
(8) A
person who knowingly makes any false or misleading statement either verbally or
in writing to the Agency or an Inspection Body or Inspector, engaged in
carrying out duties under the Act, shall be guilty of an offence punishable
under section 17 of the Act.
11. Authentication of orders and other instruments
of the Agency.
All orders, decisions, instruments and notifications
issued by the Agency shall be authenticated with
signatures of an officer or officers authorized by the
Agency in this behalf.
12. Power to obtain
information. Every holder of
a Halal Certificate or Halal Licence shall provide to the Agency such
information and such samples of an article or material or substance used in
relation to any article or process as the Agency may require.
13. Duty
of disclosure. Every
manufacturer of an article, food or a product shall, on the wrapper, bottle or
container containing such article, food or product, disclose its components,
parts, ingredients, quality, date of manufacture, date of expiry and the fact
that the article, food or product is halal.
14. Prohibition
of improper use of Halal logo. No person shall use, in relation to any article, product or process or
in the title of any patent or in any
trademark or design, the Halal logo except under the terms of a Domestic
Halal Certificate or Halal Licence issued under this Act.
15. Prohibition
of use of certain name, mark or logo. No person shall, without the previous permission
of the Agency, and subject to such conditions as the Agency may impose, use, in
any manner whatsoever, any name, mark or logo which resembles the name, mark or
logo of the Agency or contains an expression or any abbreviation of such
expression relating to Halal Standards recognized by the Agency.
16. Marketing
of Halal products. No food or non-food product shall be marketed or offered
for sale with the description or representation of being a halal article or
product within the Province unless it bears the Halal logo of the Agency.
17. Penalty. (1) A person who contravenes the provisions of the
sections 13, 14, 15 and 16 of this Act shall be punished with imprisonment of
either description for a term which may extend to three years, or with a fine
which may extend to one million rupees but which shall not be less than one
hundred thousand rupees, or with both.
(2) A person who contravenes any of the provisions
of this Act, or any rule made or notification issued thereunder shall, if no
other penalty elsewhere is provided under the Act or any other law for the time
being in force, be punished with imprisonment of either description for a term
which may extend to one year, or with a fine up to five hundred thousand rupees
but which shall not be less than fifty thousand rupees, or with both.
(3) A
court convicting a person under subsection (1) may direct that the articles, in
respect of which the contravention is made, be forfeited to the Government.
18. Cognizance
of offence.
(1) No court shall take cognizance of an offence under this Act except
on a complaint by an officer authorized by the Agency.
(2) No court inferior to that of Magistrate of the
First Class shall try an offence punishable under the
Act.
19. Appeals.
A person aggrieved by an order of
the Agency may prefer an appeal to the Government within thirty days of the
date of such order in the prescribed manner.
20. Appointment
of officers, staff, etc. (1) The
Agency may, from time to time, create posts and appoint such officers, staff,
experts or consultants as it may consider necessary for the performance of its
functions, on such terms and conditions as may be prescribed but the
appointment in basic pay scale 18 or above shall be made with the previous
approval of the Government.
(2) The officers of
the Agency shall have such powers and shall perform such functions as may be
assigned to them by the Agency, Chairperson or Registrar.
21. Members
and officers etc. to be public servants. The Registrar, members,
officers, staff, experts and consultants of the Agency shall, when acting
or purporting to act in pursuance of any of
the provisions of this Act, be deemed to be public servants within the meaning
of section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).
22. Delegation
of powers. The Agency may, by a general or special order and
subject to such conditions as it may deem appropriate, delegate to a member or an officer any of its powers or
functions under this Act.
23. Fund. (1) The Agency shall create a Fund to be known as the Punjab Halal Development Agency
Fund.
(2) The Fund shall vest in, and be
utilized by, the Agency to meet its expenses in connection with the performance
of functions under this Act.
(3) The Fund shall consist of the
following:
(a) grants made
by the Federal Government or the Government;
(b) loans, aid,
donations and contributions received from foreign governments, national or
international agencies and non-governmental and private organizations, with the
approval of the Government; and
(c) fees
and other income received by the Agency.
(4) All sums payable to the Agency may be recovered as arrears of land
revenue under the Punjab Land Revenue Act, 1967 (XVII of 1967).
24. Budget.
The Agency
shall, in respect of each financial year, submit for approval of Government, by
such date as may be prescribed, a statement of the estimated receipts and
expenditure, including requirements of foreign exchange for the next financial
year.
25. Audit and accounts.
(1) The Agency
shall maintain its accounts in such manner as may be prescribed and until so
prescribed as is applicable to a Government department.
(2) The accounts of the Agency shall be audited
every year by the Auditor General of
Pakistan.
26. Directions by
the Government. The Government may
issue such directions to the Agency as may be necessary to accomplish the
objectives of the Agency and the Agency shall comply with such directions.
27. Protection of actions taken in good faith. No suit,
prosecution or other legal proceeding shall lie against the Government or the
Agency or any person acting under authority of the Government or the Agency for
anything which is in good faith done or intended to be done in pursuance of
this Act or the rules or the regulations made thereunder.
28. Reports. (1) As soon as may be
after the end of every financial year but before the last day of September, the
Agency shall submit to the Government, a report on the conduct of its affairs
and its future plans.
(2) The Government may, after giving sufficient notice, require the Agency to furnish any report, document, return, statement, estimate, statistics, or other information regarding any matter or subject concerning the Agency.
29. Power to make rules. The Government may, by notification in the official Gazette, make rules for carrying out purposes of this Act.
30. Power to frame regulations. Subject to this Act and the rules, the Agency may frame regulations to give effect to the provisions of the Act.
31. Power to exempt. The Government may, by notification in the official Gazette, exempt any article or class of articles from operation of all or any of the provisions of this Act.
32. Saving. The provisions of the Act shall be in addition to and not in derogation of the Pakistan Halal Authority Act, 2016 (VIII of 2016).