Law: Trade Organization Act, 2013

Section: 10,11

(a) Trade Organizations Act (II of 2013)--- ----S. 10---Trade Organizations Rules, 2013, R. 11---Membership of trade organization---Scopes impugned order passed by Director General of Trade Organizations whereby respondents name was directed to be included in the final voters list for the Chamber of Commerce and Industrys Elections-2020---Contention of petitioners was that the membership of respondent had seized due to non-payment of renewal fees and that the respondent had not completed one years membership with the concerned trade organization---Validity---Prescribed subscription was not paid by the respondent, therefore, by operation of R. 11(4) of the Trade Organizations Rules, 2013, its membership with the concerned trade organization had expired, which was restored later on---Conjoint reading of the proviso to S. 10(7) of the Trade Organizations Act, 2013, read with Rr. 11(4) (5) of the Trade Organizations Rules, 2013 showed that if a member of a trade organization had not paid the prescribed subscription by the deadline of 31st March of any given year, the membership of such member would be discontinued---Membership of such member could be renewed on payment of the prescribed subscription fee after the 31st of March but such member would be ineligible to vote until the completion of one year of the renewal of its membership and the payment of all dues---Constitutional petitions were allowed and the impugned order was set aside. Haq Nawaz Khan v. Rab Nawaz and others 1992 SCMR 993; Arbab Ali and others v. Noor Bakhsh and others 2003 CLC 1670; Muhammad Shafique Khan v. Saeed Akhtar Khan and others 2003 MLD 951; Mian Arif Mehmood v. Mst. Tanvir Fatima PLD 2004 Lah. 316 and Major (Retd.) Shabbir Ahmad v. Election Tribunal for Rawalpindi, District Attock 2003 YLR 613 ref. Utility Store Corporation v. Punjab Labour Appellate Tribunal and others PLD 1987 SC 447 rel. (b) Trade Organizations Act (II of 2013)--- ----S. 10---Trade Organizations Rules, 2013, R. 20---Membership of trade organization---Organizational structure of the Federation of Pakistan Chambers of Commerce and Industry---Scope---Requirement of R. 20(2)(b) of Trade Organizations Rules, 2013, cannot…

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