THE PUNJAB
FINANCIAL ADVISORY SERVICES ACT 2025
(Act XL of 2025)
C O N T E N T
S
Section Heading
1. Short
title, extent and commencement.
2. Definitions.
3. Establishment
of Authority.
4. Board.
5. Functions
of the Authority.
6. Chief
Executive Officer.
7. Appointments.
8. Appointment
by transfer.
9. Fund.
10. Bank
accounts.
11. Budget
and accounts.
12. Audit.
13. Fee.
14. Joint
ventures and outsourcing.
15. Delegation
of powers.
16. Disclosure
of interest.
17. Transfer
of Assets and liabilities.
18. Authentication
of instruments.
19. Recovery
of dues.
20. Annual
report.
21. Appeal.
22. Indemnity.
23. Power
to make rules.
24. Regulations.
25. Power
to amend the Schedule.
26. Overriding
effect.
27. Removal
of difficulties.
SCHEDULE
[1]THE PUNJAB FINANCIAL ADVISORY SERVICES ACT 2025
(ACT XL OF 2025)
[30th May 2025]
An Act to establish
the Punjab Financial Advisory Services.
It is necessary to establish an Authority
for provision of financial and management advisory services, quality services
for timely decisions, efficient use of public resources in the public interest
and 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
Financial Advisory Services 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 Financial Advisory
Services Act 2025;
(b)
“Authority” means the Punjab Financial
Advisory Services established under the Act;
(c)
“Board” means the Board constituted under
section 4 of the Act;
(d)
“Chairperson” means the Chairperson of the
Board;
(e)
“client” means the beneficiary entity
including but not limited to an Administrative Department, autonomous body,
company or entity as defined in the Punjab Government Rules of Business 2011 or
international organization, non-governmental organization or private sector
entity who engages the Authority for its financial and management advisory
services;
(f)
“fee” means the fee for provision of
services by the Authority;
(g)
“Finance Department” means the Finance
Department, Government of the Punjab;
(h)
“financial year” means the year starting
on the 1st July and ending on 30th June of each year;
(i)
“Fund” means the Fund established under
section 9 of the Act;
(j)
“Government” means Government of the
Punjab;
(k)
“Member” means a Member of the Board;
(l)
“prescribed” means prescribed by the rules
or regulations made or framed under the Act;
(m)
“regulations” means the regulations framed
by the Authority under the Act;
(n)
“rules” means the rules made under the
Act;
(o)
“Schedule” means the Schedule attached to
the Act; and
(p)
“services” means the services as provided
in the Schedule.
3. Establishment of Authority.- The Government may, by notification in
the official Gazette, establish an Authority to be known as the Punjab
Financial Advisory Services which shall be a body corporate having perpetual
succession and a common seal, with power to enter into contracts, agreements,
Memorandum of Understanding and may acquire or dispose of property, and may, by
the its name, sue or be sued.
4. Board.- (1) The Authority shall perform its
functions and exercise its authority through the Board which shall consist of
the following:
(a) Minister
for Finance. |
Chairperson |
(b) Secretary to the Government, Finance
Department. |
Vice Chairperson |
(c) Secretary to the Government, Planning and
Development Board or his representative not below the rank of Additional
Secretary. |
Member |
(d) Secretary to the Government, Law and
Parliamentary Affairs Department or his representative not below the rank of Additional
Secretary. |
Member |
(e) Secretary to the Government, Local
Government and Community Development Department or his representative not
below the rank of Additional Secretary. |
Member |
(f) Secretary to the Government, Housing,
Urban Development and Public Health Engineering Department or his
representative not below the rank of Additional Secretary. |
Member |
(g) Secretary to the Government,
Implementation and Coordination Wing of Services and General Administration
Department or his representative not below the rank of Additional Secretary. |
Member |
(h) Chairperson Punjab Revenue Authority or
his representative not below the rank of Additional Secretary. |
Member |
(i) Two
members of Provincial Assembly of the Punjab, one from the Treasury and one
from the Opposition, to be nominated by the Speaker of the Assembly. |
Members |
(j) four experts from private sector. |
Members |
(k) Chief
Executive Officer of the Authority. |
Member/Secretary |
(2)
No act or proceedings of the Board shall
be invalid merely by reason of any vacancy or defect in its constitution.
(3)
Seven Members shall constitute the quorum
for a meeting of the Board which shall be held, at least once in three months,
on such date, time and place as the Chairperson or in his absence, the Vice
Chairperson may determine.
(4)
The agenda of a meeting shall be approved
by the Chairperson.
(5)
The Chairperson or, in his absence, Vice
Chairperson shall preside over the meeting of the Board and in absence of both,
the meeting shall be presided by the Member so elected by the Members present.
(6)
The Members at clause (j) of sub-section
(1), shall be appointed by the Chief Minister for a term of three years,
however, they shall serve during the pleasure of the Chief Minister and they
shall have such qualifications and experience as may be prescribed or until so
prescribed as may be determined by the Board.
(7)
In case a Member, at clause (j), of
sub-section (1), absents himself from three consecutive meetings of the Board
without prior permission of the person presiding over the meeting, he shall
stand disqualified as Member of the Board.
5. Functions of the Authority.- (1) The Authority may perform such
functions and exercise such powers as are necessary for carrying out the
purposes of the Act.
(2) Without prejudice to the generality of
sub-section (1), the Authority may perform the following functions, including
but not limited to:
(a)
offering cost effective high-quality
services while maintaining institutional knowledge repository;
(b)
financial and management advisory support;
(c)
issue financial and management guidelines;
(d)
prepare and approve its annual budget;
(e)
advise the Government on the matters
related to the services;
(f)
raise funds through borrowing,
investments, leasing of assets or any other means in such manners as may be
prescribed through rules;
(g)
prepare the annual report and submit it to
the Government for its approval;
(h)
enter into and perform such contracts or
agreements or joint venture with local and international organizations as may
be necessary for carrying out the purposes of the Act;
(i)
collect or cause to be collected, fees on
the use of the services;
(j)
establish different wings and delegate
such powers to such wings as are necessary for the efficient and effective
performance of its functions under the Act;
(k)
disseminate and create awareness about the
services offered by it by organizing road shows or seminars to attract clients;
(l)
collaborate with the Government, the local
government or any other public or private sector entity for improvement of
financial and management services;
(m)
procure equipment, machinery, instruments,
materials, data and services required for carrying out the purposes of the Act;
(n)
enter into partnership with national and
international consultants, agencies, organizations or companies;
(o)
develop digital tools and platforms to
enhance transparency and efficiency in public financial management;
(p)
establish a center of excellence for
research, training and innovation in financial and management advisory
services;
(q)
facilitate innovative financing solutions
such as green bonds and social impact bonds;
(r)
constitute one or more committees
consisting of the Members, employees or such other persons as it may deem fit
and assign functions for the purposes of the Act; and
(s)
perform such other functions as the
Government may assign to achieve the objectives of the Act.
6. Chief Executive Officer.- (1) There shall be a Chief Executive
Officer of the Authority to be appointed by the Chief Minister.
(2)
The Chief Executive Officer shall exercise
such powers and perform such functions as the Board may assign to him.
(3)
The Chief Executive Officer shall have
such qualifications, experience, age and other requirements, and shall receive
such salary and allowances, and be subject to such conditions of service as may
be prescribed or until so prescribed, as the Board may determine.
(4)
The Chief Executive Officer may approve
deployment of resources for a client service worth not more than fifty million
rupees and may recommend for approval of a client service exceeding fifty
million rupees to the Board.
(5)
The Chief Executive Officer shall be
answerable to the Board for administrative, financial and technical matters, as
may be prescribed.
(6)
The Board may empower the Chief Executive
Officer to re-appropriate funds from one project to another on the basis of
progress of the projects.
7. Appointments.- (1) The Authority may appoint such
employees, experts or consultants and other staff in such manner and on such
terms and conditions as may be prescribed.
(2) Subject to the terms and conditions of
appointment, the Authority may, at any time, terminate the services of an
employee by serving thirty days' prior notice or on payment of thirty days
salary in lieu of the notice.
8. Appointment by transfer.- (1) The Chief Minister may, on the
request of the Authority, transfer and post the services of a civil servant to
the Authority, on terms and conditions which shall not be less favourable than those admissible to him immediately before
his transfer and posting.
(2)
The employee transferred and posted
under sub-section (1) shall continue to be the employee of the Government and
shall be liable to be transferred and posted back to the Government.
9. Fund.- (1) There shall be a Fund to be known as
the Punjab Financial Advisory Services Fund to be administered and controlled
by the Authority in such manner as it may prescribe.
(2) The Fund shall consist of:
(a)
funds provided by the Government;
(b)
loans or grants by the Government or the
Federal Government;
(c)
loans or funds obtained by the Authority
under the Act;
(d)
grants and loans negotiated and raised, or
otherwise obtained, by the Authority under the Act;
(e)
income from fee and interest earned on the
Fund and the proceeds from the lease or sale of property, asset or any other
valuable;
(f)
income from investments;
(g)
funds raised by issuance of bonds or
securities with the approval of the Government;
and
(h)
any other sums received by the Authority.
(3) The Authority shall meet all its
expenses from the Fund.
10. Bank accounts.- The Authority shall open and maintain its
accounts at such scheduled bank as may be prescribed subject to the concurrence
of the Finance Department.
11. Budget and accounts.- (1) The Authority shall maintain proper
accounts and other records relating to its financial affairs including its
income and expenditure, and its assets and liabilities in such form and manner
as may be prescribed.
(2)
After the conclusion of a financial year,
the Authority shall, in the manner as may be prescribed, cause to be prepared
for the financial year statements of account which shall include a balance
sheet and an account of income and expenditure.
(3)
The expenditure for which no provision has
been made in the approved budget, shall be incurred with prior approval of the
Board.
(4)
The Board may delegate its powers to Chief
Executive Officer to administer and incur expenditure in the matters of urgent
nature subject to such conditions as it may determine.
12. Audit.- (1) The Auditor General of Pakistan shall
annually audit the accounts of the Authority.
(2) The Authority, in addition to the audit
under sub-section (1), shall cause the accounts of the Authority annually
audited by a registered Chartered Accountant or a registered firm of Chartered
Accountants.
(3) The auditor appointed under sub-section
(2) shall:
(a)
be provided such access to the books,
accounts and other documents as may be considered necessary for the audit of
accounts;
(b)
authenticate balance sheet, income and
expenditure statement of the Authority before issuance; and
(c)
submit the annual or any special audit
report to the Board and the same shall take appropriate remedial or other
action in the light of the audit report.
13. Fee.- The Authority shall determine the fee for
the services provided by it on case to case, man-month or lump sum basis
through market estimates.
14. Joint ventures and outsourcing.- (1) Notwithstanding the provisions
contained in the Punjab Public Private Partnership Act 2025, the Punjab
Procurement Regulatory Authority Act 2009 and subject to such terms and
conditions as may be approved by the Authority for performance of its functions
under the Act, the Authority may enter into any joint venture agreement with
any Government agency or organization, any local or foreign entity.
(2) The joint venture agreements or public
private partnership agreements under sub-section (1), may be executed by the
Chief Executive Officer or any other employee as may be so authorized by the
Board.
15. Delegation of powers.- (1) The Board may, with or without
conditions, delegate to the Chairperson, Vice Chairperson, Chief Executive
Officer, a committee or Member or its employee any of its functions except to:
(a)
frame regulations;
(b)
approve the annual budget;
(c)
constitute committee;
(d)
approve policies and guidelines;
(e)
approve annual report; and
(f)
consider audit report.
(2)
The delegation of such functions shall be
in writing and shall specify the conditions, limitations, or restrictions, if
any, subject to which the functions are to be exercised or performed.
16. Disclosure of interest.- If any Member or employee including
consultant, and auditor or the family of such a Member or employee including
consultant, and auditor has, direct or indirect, interest in any matter
relating to the Authority, such Member or employee including consultant, and
auditor shall forthwith disclose that interest to the Authority and the
Authority may take such action as it may consider appropriate.
17. Transfer of Assets and liabilities.- (1) The Government or any other authority
or agency may, for purposes of the Act, transfer any assets, rights and
liabilities to the Authority pursuant to financial services agreement on such
terms and conditions as are mutually agreed.
(2) Subject
to such conditions as the Board may approve, the Government may assign a
contract made in relation to the services to the Authority and the same shall
be deemed to be the successor of the Government for purposes of such contract.
18. Authentication of instruments.- All orders, decisions and other
instruments of the Authority shall be authenticated by the signature of the
Chief Executive Officer or any other employee so authorized by the Board.
19. Recovery of dues.- (1) If a client fails to pay any amount
due to the Authority, the employee of the Authority duly authorized, shall
recover the due amount as an arrear of services in such manners as may be
prescribed.
(2) The
late fee to be charged under the Act shall be prescribed and such amount shall
form part of the Fund.
20. Annual report.- (1) The Authority shall, within three
months of the close of a financial year, submit to the Government an annual
report which shall consist of:
(a)
the statement of accounts and audit
reports;
(b)
a comprehensive statement of the work and
activities during the preceding financial year and its proposed projects and
schemes; and
(c)
such other matters as may be prescribed or
as the Authority may consider appropriate.
(2) The
Government shall, within three months of the receipt of the annual report from
the Authority, cause it to be laid in Provincial Assembly of the Punjab.
21. Appeal.- Any person aggrieved by any order or
decision of the Authority under the Act, rules or regulations may, within
fifteen days from the date of communication of such order, prefer an appeal to
the Chief Secretary or such authority as the Government may, by notification,
appoint.
22. Indemnity.- No suit, prosecution or other legal
proceedings shall lie against the Authority, Board, any Member, officer,
consultant and other employee of the Authority, in respect of anything caused
or done or intended to be caused or done in good faith under the Act.
23. Power to make rules.- The Government may, by notification in
the official Gazette, make rules for carrying out the purposes of the Act.
24. Regulations.- The Authority may frame regulations for
giving effect to the provisions of the Act.
25. Power to amend the Schedule.- The Government may, by notification in
the official Gazette, amend the Schedule.
26. Overriding effect.- In the event of any conflict or
inconsistency between the provisions of the Act and the provisions of any other
law for the time being in force, the provisions of the Act shall prevail to the
extent of such inconsistency or conflict.
27. Removal of difficulties.- If any difficulty arises in giving effect
to any provision of the Act, the Government may make such order, not
inconsistent with the Act, as may be necessary for the removal of such
difficulty.
SCHEDULE
(see section 2(p))
Sr. No. |
Services |
|
1 |
Financial
Planning. |
|
2 |
Financial
Modeling |
|
3 |
Financial Analysis. |
|
4 |
Investment Advisory. |
|
5 |
Project
Financing. |
|
6 |
Transaction Advisory. |
|
7 |
Tax Advisory or Revenue Management. |
|
8 |
Public Financial Management. |
|
9 |
Corporate Governance. |
|
10 |
Performance Evaluation and Internal
Controls. |
|
11 |
Third Party Validation or Verification. |
|
12 |
Policy and Research. |
|
13 |
Management Information System or
Information Technology. |
|
14 |
Human Resource Management. |
|
15 |
Capacity Building. |
|
16 |
Business Process Re-Engineering. |
|
17 |
Procurement and Contract Management. |
|
18 |
Innovative
Financing. |
|
19 |
Green Financing. |
|
20 |
Debt Management. |
|
21 |
Asset Management. |
|
22 |
Risk Management. |
|
23 |
Legal Advisory. |
|
24 |
Feasibility Studies. |
|
25 |
Project Life Cycle Management. |
[1]This Act was passed by Provincial Assembly
of the Punjab on 21 May 2025; assented to by the Governor of the Punjab on 29
May 2025; and was published in the Punjab Gazette (Extraordinary), dated 30 May
2025, pages 4775-81.