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ACT IV OF 2020 ACT IV OF 2020 BALOCHISTAN TRUST ACT, 2020 An Act to make provisions relating to the proper management and administration of Trust in Balochistan Province [Gazette of Balochistan Extraordinary, 1st September, 2020] No. PAB/Legis; V(03)/2020, dated 1.9.2020.---The Balochistan Trust Bill, 2020 (Bill No. 03 of 2020), having been passed by the Provincial Assembly of Balochistan on 26th August, 2020 and assented to by the Governor, Balochistan on 31st August, 2020 is hereby published as an Act of the Balochistan Provincial Assembly. WHEREAS it is expedient to make provisions relating to the Trusts and to repeal the existing Trust Law; And WHEREAS, to cater for the Monitoring and evaluation purposes of the Trusts; And WHEREAS, it is expedient for the Balochistan Province to enact its own Trust Act for a better Administrative and Legislative control in wake of the 18th Constitutional Amendment; It is hereby enacted as follows: CHAPTER III OF THE ADMINISTRATION OF THE TRUSTS 17. Power to inspect record and compliance.---(1) The Deputy Manager (Auqaf), or the Director, or the Department may summon any information relating to the Trust from the trustee for any purpose, and shall have the power to inspect such record at any time. (2) The Deputy Manager (Auqaf) summoning the record under subsection (1) above may share with the competent authorities upon written request, through the Home Department, information about the Trust, Trust assets, Trust proceeds, Author of the Trust, Trustees, Beneficiary, or any other person exercising ultimate effective control over the trust. (3) The Deputy Manager (Auqaf) may also share the information under this section relating to Trust assets and beneficiaries with the reporting entity upon request. (4) The Director upon intimation by the Deputy Manager (Auqaf) may impose financial penalty up to Rupees One (1) million, if a trustee is found violative of the purpose of the Trust or fails to provide the information under the subsection (1) above. (5) In case of failure to pay the penalty under section 17 (4) above, the Director may seek a legal action through a court of original jurisdiction against the Trustees held responsible for non-compliance under this Act, and such legal action may result in imprisonment ranging from one month to six months. The imprisonment granted under this section will be for the non-compliance of the provisions of this Act and will be in addition to the financial penalty already imposed by the Director. (6) The Director upon intimation of the Deputy Manager (Auqaf) may impose financial penalty up to Rupees One (1) million, if a trustee) fails to provide the information required under Sections 20 and 23, or fails to obtain and hold the information required under section 24 of this Act. In addition, the trustee shall also be liable for imprisonment of minimum three months to a maximum of six months if he fails to make information available to competent authorities as required under section 20(2) or to the Department and Director through Deputy Manager (Auqaf) for the purposes of sharing information under section 20(d). This punishment shall be awarded by a court of original jurisdiction. (7) The Director may further take over the properties of the Trust or freeze its assets or remove a trustee or a beneficiary from the Trust and assign new trustees or beneficiary through a legal order from a court of original jurisdiction in case the Trust or trustee or beneficiary is convicted of a criminal offence, including terrorist financing, money laundering or a threat to national security. (8) Nothing in sub section (2) and (b) above shall limit the person's basic right of being given fair trial opportunity and appeal to the Secretary or the appellant court, as the case may be.