THE
PUNJAB SAHULAT BAZAARS AUTHORITY ACT 2025
(Act XIX of
2025)
C O N T E N T
S
Section Heading
1. Short
title, extent and commencement.
2. Definitions.
3. Establishment
of the Authority.
4. Composition
of the Authority.
5. Powers
and functions of the Authority.
6. Meetings
of the Authority.
7. Director
General.
8. Delegation
of powers.
9. Committees.
10. Public
servants.
11. Fund
of the Authority.
12. Bank
accounts.
13. Accounts.
14. Budget.
15. Audit.
16. Succession
and validation.
17. Land
acquisition.
18. Powers
to eject unauthorized occupants.
19. Appeals.
20. Recovery
of fines.
21. Damage
to property.
22. Annual
report.
23. Indemnity.
24. Removal
of difficulties.
25. Overriding
effect.
26. Bar
of jurisdiction.
27. Power
to make rules.
28. Power
to frame regulations.
29. Guidelines.
[1]THE PUNJAB SAHULAT BAZAARS AUTHORITY ACT 2025
(ACT XIX OF 2025)
[24th March 2025]
An Act to establish the Punjab Sahulat
Bazaars Authority.
It is necessary to
establish Punjab Sahulat Bazaars Authority for
launching, constructing, monitoring, regulating and maintaining Sahulat Bazaars in the Punjab and supplying essential
commodities to the general public on notified rates and creating business
opportunities for entrepreneurs and for all the matters ancillary thereto and
connected therewith.
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 Sahulat Bazaars Authority Act 2025.
(2)
It extends to whole of
the Punjab.
(3)
It shall come into
force at once.
2. Definitions. In the Act:
(a)
Act means the Punjab Sahulat Bazaars Authority Act 2025;
(b)
allied
facilities mean a facility provided in a Sahulat
Bazaar other than stalls;
(c)
Authority means
Punjab Sahulat Bazaars Authority established under
the Act;
(d)
business
plan" means a business plan of each bazaar established under the Act;
(e)
Chairperson means the
Chairperson of the Authority;
(f)
Director General
means the Director General of the
Authority;
(g)
Fund means the Punjab
Sahulat Bazaars Authority Fund established under the
Act;
(h)
Government means
Government of the Punjab;
(i)
Member means a Member
of the Authority;
(j)
PMBMC means the
Punjab Model Bazaars Management Company;
(k)
prescribed means
prescribed by the rules or regulations made or framed under the Act;
(l)
regulations means the
regulations framed under the Act;
(m)
rules means the rules
made under the Act;
(n)
Sahulat
Bazaar means a Bazaar established under the Act; and
(o)
stall
holder means a stall holder doing business in a Sahulat
Bazaar, and includes a temporary stall holder or any other person doing
business in a Sahulat Bazaar or using a stall or
space provided by the Authority for his business in a Sahulat
Bazaar for a specified period in accordance with agreement with the Authority.
3. Establishment of the Authority. (1) The Government shall, by notification in the official
Gazette, establish an Authority to be known as the Punjab Sahulat
Bazaars Authority for carrying out the purposes of the Act.
(2) The Authority shall be a body corporate having
perpetual succession and a common seal with power, subject to the provisions of
the Act, to acquire and hold property both movable and immovable, and may by
the said name, sue and be sued.
(3) The
Authority shall not dispose of an immovable property without prior approval of
the Government.
(4) The
head office of the Authority shall be at Lahore and the Authority may establish
its sub-offices, on need basis, anywhere in the Punjab.
4. Composition of the Authority. (1) The
Authority shall consist of the following:
(a)
a person to be appointed by the Chief Minister. |
Chairperson |
(b)
Secretary to the Government, Industries, Commerce
and Investment Department or his nominee not below rank of Additional
Secretary. |
Member |
(c)
Secretary to the Government, Finance Department, or
his nominee not below the rank of Additional Secretary. |
Member |
(d)
Secretary to the Government, Planning and
Development Board or his nominee not below the rank of Additional Secretary. |
Member |
(e)
Secretary to the Government, Price Control and
Commodities Management Department or his nominee not below the rank of
Additional Secretary. |
Member |
(f)
four technical experts, including at least one
woman, from the field of farming, agricultural marketing, food industry,
corporate or law. |
Members |
(g)
two Members of Provincial Assembly of the Punjab,
including at least one female Member, to be nominated by the Chief Minister. |
Members |
(h)
Director General of the Authority. |
Member/Secretary |
(2) The
Members at clause (f) of sub-section (1) shall be appointed by the Chief
Minister and they shall hold office during pleasure of the Chief Minister.
(3) In
case, the post of Chairperson is vacant due to any reason, the Chairperson
shall be appointed within sixty days of such vacancy.
(4) In
case, a Member at clause (f) of sub-section (1) resigns or such post is vacant
due to any reason, Chief Minister shall fill such vacancy by appointing another
person for remaining period of the tenure of the Member whose post has become
vacant.
(5) In
case, a Member at clause (g), resigns by submitting his resignation
to the Chief Minister his resignation shall not take effect until it is
accepted by the Chief Minister.
5. Powers and functions of the Authority. The Authority shall, in such
manner as may be prescribed by the regulations, have powers and functions to:
(a)
plan, promote,
organize, re-organize and implement programs for construction, development,
operation and upgradation of existing Sahulat
Bazaars, and, for establishment of new Sahulat
Bazaars;
(b)
approve business plan
of the respective Sahulat Bazaars;
(c)
repair, rehabilitate,
provide security to and maintain the infrastructure of Sahulat
Bazaars and the allied facilities;
(d)
plan to utilize the
land of the Authority for revenue generation and creation of business
opportunities;
(e)
establish and maintain
an effective system for monitoring, supervision and control of functions of the
Authority;
(f)
provide platform to
farmers, producers and stall holders to sell their products to end users or to
any other person running business in a Sahulat
Bazaar;
(g)
levy fee, rent or
charge for providing the space for stalls, security, and allied facilities in
the Sahulat Bazaars;
(h)
establish Sahulat Bazaars at suitable places in a district, and to
designate any place or existing facility as a Sahulat
Bazaar;
(i)
enter into contracts,
agreements, and memorandum of understanding with Governmental and
non-Governmental Organizations, public or private institutions, persons,
authorities, associations, societies and corporations to carry out the purposes
of the Act;
(j)
seek assistance from
any department, agency, organization or body of the Government for carrying out
the purposes of the Act;
(k)
consider and approve
annual and revised budget estimates and to re-appropriate funds from one major
head of expenditure to another and to appoint internal and third
party auditors;
(l)
develop and implement
human resource management policies and system;
(m)
assess, identify,
create, increase, decrease, designate and re-designate, upgrade posts and
prepare and execute the internal job posting regime;
(n)
lay down qualifications
and criteria for appointment of its employees, and implement a transparent and
objective evaluation process for appointment of the employees;
(o)
take disciplinary action against its employees in such manner as may be
prescribed through regulations;
(p)
suspend, or fire its employees in such manner as may be prescribed
through regulations;
(q)
lend or borrow any of its employee or employee of any other Department
or authority, on deputation basis as per the policy of the Government;
(r)
transfer or post any
employee against any post in any entity administered by the Authority;
(s)
appoint, with or
without remuneration, such advisors, consultants, experts, interns, and other
staff as it may deem appropriate;
(t)
impart training to its
employees for purposes of better performance and service delivery;
(u)
establish roles,
jurisdictions and job descriptions of the employees and devise mechanism of
performance appraisal of employees;
(v)
take measures to
establish and maintain discipline in the employees and determine the terms and
conditions of engagement of such experts, consultants or advisors as may be
required and in such manner as may be prescribed;
(w)
make payment of reward
from the Fund to an employee who has made exceptional efforts in accomplishing
the objectives of the Act; and
(x)
exercise and perform
such powers and functions as may be ancillary to any of the above.
6. Meetings of the Authority. (1) The Authority shall meet at least once in a month at
such time and place and shall observe such procedure in regard to transaction
of its business and meetings as may be prescribed by the regulations and until
so prescribed as the Authority may determine.
(2) The meetings of the Authority shall
be presided over by the Chairperson who may approve its agenda; and, in absence
of the Chairperson, the meeting shall be presided by the Member nominated
by the Chairperson and in case the nomination cannot be made, then by the
Member so elected by the Members present.
(3) The quorum for a meeting of the Authority shall be one half
of the total Members.
(4) The
Director General, on the direction of the Chairperson or on a requisition by
not less than one-half of the total Members, shall call a meeting of the
Authority.
(5) Subject
to the quorum, the decisions of the Authority shall be taken by majority of the
Members present and voting and in the event of equality of votes, the
Chairperson or the Member presiding over the meeting, as the case may be, shall
have a casting vote.
(6) The Director General shall maintain a
complete record of the minutes of the meeting and the decisions of the
Authority.
(7) No act, decision, order or proceedings
of the Authority or a committee constituted by the Authority shall be invalid
by reason of any vacancy or defect in the constitution of the Authority.
7. Director General. (1) The Chief Minister shall, on such terms and conditions as the Authority may determine,
appoint the Director General of the Authority, through public advertisement and open competition process.
(2) The
Director General shall serve during the pleasure of the Chief Minister and he
may resign from his office subject to one months prior notice in writing to
the Chief Minister through the Authority or on payment of one months pay in
lieu thereof.
(3) The Director General shall be the administrative head
of the Authority and shall:
(a)
be the principal
accounting officer of the Authority;
(b)
keep in custody the
records and seal of the Authority;
(c)
authorize payments of
monthly salaries, honoraria and allowances to the employees of the Authority;
(d)
prepare annual budget
estimates and supplementary budget estimates of the Authority and place the
same before the Authority for approval;
(e)
be responsible for the
maintenance and development of all ancillary services and procurements;
(f)
approve payment of
bills under any head of the budget of the Authority;
(g)
authenticate orders,
decisions or other instruments of the Authority by his signature;
(h)
take steps for the
implementation of the decisions of the Authority;
(i)
receive and send all
the correspondence of the Authority; and
(j)
execute deeds and
documents on behalf of the Authority.
(4) The Director General may, with approval
of the Chairperson, delegate any of his powers to any other officer of the
Authority.
(5) The Director General shall be answerable
to the Authority for administrative, financial and other actions undertaken by
him under the Act.
8. Delegation of powers. The Authority may,
subject to such conditions and limitations as it may determine, delegate any of
its powers or functions to the Chairperson, Director General, or a committee
constituted by it, except the powers to:
(a)
frame, amend or repeal
regulations;
(b)
approve policy
decisions, guidelines or procedures for the operation of the Fund;
(c)
determine the terms and
conditions of service of the employees of the Authority;
(d)
constitute committees;
(e)
approve the annual
budget, audited accounts and annual reports of the Authority; and
(f)
consider audit reports
of the Authority.
9. Committees. The Authority may
constitute committees comprising of such Members or its employees or such other
persons as it may deem necessary for carrying out the purposes of the Act, on
such terms and conditions as it may determine.
10. Public servants. All persons acting or purporting to act under the Act shall be deemed to
be public servants within the meaning of section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).
11. Fund of the Authority. (1) There shall be a fund of the Authority to be known as the Punjab Sahulat Bazaars
Authority Fund which shall vest in the
Authority and shall be utilized by the Authority for performance of its
functions under the Act.
(2) The Fund shall consist
of:
(a)
funds provided by the
Government;
(b)
grants received from
the Government;
(c)
grants received from
any other authority or agency;
(d)
donations made to the
Authority;
(e)
all such sums of money
as may be determined from time to time by the Government;
(f)
all such sums of money
as may be received by the Authority in exercise, discharge and performance of
its powers, functions and duties;
(g)
rates and loans
negotiated and raised, or otherwise obtained, by the Authority with the prior
approval of the Government;
(h)
all other sums
receivable by the Authority;
(i)
income of the Authority
from any other source;
(j)
rates and loans
negotiated and raised, or otherwise obtained, by the Authority with the prior
approval of the Government;
(k)
fee, charges, rentals
and fines collected by the Authority;
(l)
income from the lease
or sale of the property;
(m)
funds from floating
bonds, shares, debentures, certificates, or other securities issued by the
Authority; and
(n)
all other sums received
by the Authority.
(3) The
Fund shall be maintained in such form and manner as may be prescribed.
12. Bank accounts. The Authority may open and maintain its bank accounts
at such scheduled banks as may be prescribed by the regulations.
13. Accounts. The Authority shall maintain proper accounts and
other relevant records and prepare annual statement of accounts relating to its
financial affairs including its income and expenditure as per requirements of
the international financial reporting standards in such form and manner as may
be prescribed.
14. Budget. (1) The Director General shall prepare, in such
manner and at such time as may be prescribed, a budget in respect of the
financial year next ensuing showing the estimated receipts and expenditure of
the Authority and shall submit the same to the Authority for approval.
(2) Expenditure which has not been approved
in the budget shall not be incurred without prior approval of the Authority.
(3) The Authority may empower the Director
General to re-appropriate funds from one head to another as may be prescribed.
15. Audit. (1) The accounts of
the Authority shall be maintained and audited by the Auditor General of
Pakistan.
(2) Subject to sub-section (1), the Authority may cause the
accounts of the Authority to be audited by a registered chartered accountant
firm.
(3) Subject
to the Act, the auditor shall submit annual or any special audit report to the
Authority and the Authority shall take corrective measures in light of the
audit report, if any.
16. Succession and validation. (1) On establishment of the Authority, subject to the provisions
of the Companies Act, 2017 (XIX of 2017), all assets including
land, property and any liability in the name, possession and control of the
PMBMC; all rights of the PMBMC regarding the land
owned and managed by the PMBMC
shall stand transferred to the Authority.
(2) All orders, notifications, instructions or standard
operating procedures issued by PMBMC, if not inconsistent with the provisions
of this Act, shall continue to remain in force.
(3) Notwithstanding the
provisions of the Punjab Rented Premises Act, 2009 (VII of 2009), the immovable
properties including any site or building obtained on rent by the PMBMC shall
be deemed to have been obtained in the name of the Authority which shall be deemed
to be the tenant for such property, and the Model Bazaars established by the
PMBMC shall be deemed to be Sahulat Bazaars under the
Act.
(4) Notwithstanding anything
contained in any other law for the time being in force, all existing employees
presently working in the PMBMC shall be deemed to be the employees of the
Authority, and shall be adjusted against the positions created in the Authority
and shall be eligible, at least, for present salaries and all other benefits in
the Authority on such terms and conditions as may be prescribed by the
regulations but such terms and conditions shall not be less favourable
than those admissible to such employees while in service of the PMBMC
immediately before the commencement of the Act:
Provided that previous service period of the employees of the PMBMC
shall also be counted towards their employment in the Authority.
(5) Save as
otherwise specifically provided, anything done, actions taken, proceedings
commenced, orders, rules, regulations, agreements made, directions given or
instruments executed, standard operating procedures, instructions or any kind
of notifications issued in relation to PMBMC, if in force on commencement of
the Act and not inconsistent with the Act, shall continue to be in force unless
modified, amended, repealed or substituted under the provisions of the Act.
17. Land acquisition. (1) The acquisition of any land or any interest in land by
the Authority under the Act shall be deemed to be acquisition for a public
purpose within the meaning of the Land Acquisition Act, 1894 (I of 1894).
(2) The Authority may
establish a Sahulat Bazaar on a piece of state land
not owned by it, in a prescribed manner, subject to no objection certificate
from the concerned District Collector or authority or department or agency, and
with prior permission to be obtained from the Board of Revenue of the
Government, where applicable, for such period as may be determined with mutual
agreement.
(3) The
Authority may acquire a piece of land on lease by entering into a lease
agreement with any public or private entity, in a prescribed manner.
(4) A department, authority, agency or a local government
may, for the purposes of the Act, transfer any assets, rights and liabilities
to the Authority for the purposes of establishing a Sahulat
Bazaar on such terms and conditions as may be mutually agreed.
18. Powers to eject unauthorized occupants. (1) The Authority may, in the prescribed manner, with
the aid of police, summarily eject any unauthorized occupant from any part of
the Sahulat Bazaar or a proposed Sahulat
Bazaar site vested in the Authority, and remove any structure thereon.
(2) The Authority may recover the cost incurred on ejection under
sub-section (1) from the unauthorized occupant as arrears of land revenue.
19. Appeals. Any person aggrieved by
an order passed under the Act may, within thirty days from the date of receipt
of such order, prefer an appeal to:
(a)
the Director General,
if such order is passed by an officer of the Authority, except the Director
General;
(b)
the Authority if such
order is passed by the Director General; and
(c)
Chief Secretary, if
such order is passed by the Authority.
20. Recovery
of fines. The Authority shall
recover the fine, fee or any other amount, imposed or levied, under the Act,
the rules or the regulations, as an arrears of land revenue.
21. Damage
to property. (1) Any
person who intentionally damages the property vested in the Authority or causes
it to be damaged or dishonestly misappropriates or converts to his own use or
to any other persons use shall be punished with imprisonment for a term which
may extend to one year but which shall not be less than fifteen days and fine
which may extend to two hundred thousand rupees but which shall not be less
than thirty thousand rupees.
(2) Notwithstanding
anything contained in sub-section (1), the person who is guilty of any offence
under sub-section (1) shall restore such damage to the satisfaction of the
Authority at his cost and if he fails to do so, the Authority shall determine
the cost involved in the restoration of the damage and such person shall be
liable to pay the amount so determined within the time specified by the
Authority.
(3) No
court shall take cognizance of an offence under the Act except on a complaint
made in writing by the Authority or an officer authorized by the Authority for
the purpose.
22. Annual report. (1) The Authority
shall, within four months of the end of a financial year, submit its annual
performance report to Provincial Assembly of the Punjab with approval of the
Government.
(2) The
report shall consist of:
(a) the
statement of accounts and audit reports of the Authority;
(b) all
activities, targets achieved, future plans, works done under the Act and its
proposed projects and schemes; and
(c) such
other facts as may be ancillary to the above.
23. Indemnity. (1) No suit,
prosecution or other legal proceedings shall lie against the Authority,
Chairperson, Members, officers or employees of the Authority or any other
person exercising any power or performing any function under the Act or the
rules or regulations made there under for anything done in good faith.
(2) No
Government department or agency shall initiate any inquiry or investigation
against the official conduct of any of the employees of the Authority without
prior approval of the Authority.
24. Removal of difficulties. If any difficulty
arises in giving effect to the provisions of the Act, the Government, at any
time, may make such orders or give such directions not contrary to the
provisions of the Act, as are necessary to remove such difficulty.
25. Overriding effect. In the event of any
conflict or inconsistency between a provision of the Act and a provision of any
other law, the provisions of the Act shall, to the extent of such conflict or
inconsistency, prevail.
26. Bar of jurisdiction. A civil court shall
not entertain a suit or an application for the grant of injunction against any
proceedings taken or order made under the Act.
27. Power to make rules. The Government may, by
notification in the official Gazette, make rules for carrying out the purposes
of the Act.
28. Power to frame regulations. The Authority may, by
notification in the official Gazette, frame regulations for carrying out the
purposes of the Act.
29. Guidelines.- The Authority may, issue guidelines, including but not
limited to a code of conduct, for the exercise of powers and performance of
functions of its Members and employees under the Act,
rules or regulations.
[1]This Act was passed by Provincial Assembly
of the Punjab on 14 March 2025; assented to by the Governor of the Punjab on 21
March 2025; and was published in the Punjab Gazette (Extraordinary), dated 24 March
2025, pages 3627-34.