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PART
III
CORPORATE LAW AUTHORITY
11. Constitution
of Corporate Law Authority:-
(1) The Federal Government
shall, by notification in the official Gazette, constitute a Corporate
Law Authority.
(2) The Authority
shall consist of such number of members, not being less than three,
as the Federal Government deems fit, to be appointed by that Government
by notification in the official Gazette.
(3) One of the members
shall be appointed by the Federal Government to be the Chairman of
the Authority.
(4) No act or proceeding
of the Authority shall be invalid by reason only of the existence
of a vacancy in, or defect in the constitution of, the Authority.
12. Powers
and functions of the Authority:-
(1) The Authority
shall exercise and perform such powers and functions as are conferred
on it by or under this Ordinance or any other law.
(2) Notwithstanding
anything contained in any other law, and withour prejudice to the
generality of the foregoing provisions, the Federal Government may,
by notification in the official Gazette, direct that all or any of
the powers and functions conferred on the Federal Government or any
officer of the Federal Government under any law shall, subject to
suchlimitations, restrictions or conditions, if any, as it may from
time to time impose, be exercised or performed by the Authority.
(3) The Authority
may, by order in writing, direct that any power or function of the
Authority referred to in sub-section (1) shall, subject to such conditions
and limitations, if any, as may be specified in the order, be exercised
or performed by the Chairman of the Authority or by such other member
or officer of the Authority as may be so specified.
(4) The Authority,
and the member or officer referred in sub-section (3) may, for the
purposes of a proceeding or enquiry, require anyone--
(a) to produce before,
and to allow to be examined and kept, an officer of the Authority
specified in this behalf, any books, accounts or other documents in
the custody or under the control of the person so required, being
documents relating to any matter the examination of which may be considered
necessary by the Authority or such member or officer; and
(b) to furnish to
an officer of the Authority specified in this behalf such information
and documents in his possession relatint to any matter as may be necessary
for the purposes of the proceeding or enquiry.
(5) The procedure
of the Authority shall be such as may be prescribed.
(6) The Federal Government
may apoint such officers as it thinks necessary to assist the Authority
in the performance of its duties and functions under this Ordinance
and may make regulations with respect to their duties.
(7) All officers and
persons employed in the execution of this Ordinance shall observe
and follow the orders, instructions and directors of the Authority.
13. Reference
by the Federal Government or Authority to the Court:-
(1) Without prejudice
to the powers, jurisdiction and authority exercisable by the Federal
Government or the Authority under this Ordinance, the Federal Government
or the Authority, as the case may be, may make a reference to the
Court on any question or matter which the Government or the Authority
considers to be of special significance requiring orders, determination
or action concerning the affairs of a company or any action of any
officer thereof.
Explanation.--In this
sub-section "officer" includes an auditor, liquidator or
agent of the company.
(2) Where a reference
is made to the Court under sub-section (1), the Court may make such
order as it may deem just and equitable under the circumstances.
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