ISLAMABAD: The National Assembly Thursday passed "The Criminal Law (Amendment) Bill, 2011" already approved by the Senate on September 4, 2011 to curb the theft of oil and gas with maximum punishment of 14-year imprisonment and Rs 10 million fine to the person involved in the crime. The National Assembly had already passed the Bill on October 18, 2011.
After passage of the Bill when it was referred to the Upper House of Parliament for approval, the House passed it unanimously with certain amendments. According to 18th Amendment, if the National Assembly passes any bill it is referred to the Senate for passage, if the Senate makes amendments to the bill the bill is then referred back to the National Assembly. If the National Assembly passes it with amendments, its all right... but if it makes any objection to the amendments, a joint session of the Parliament is summoned for passage of the bill.
After passage of 18th Amendment, according to Article 70 (3) of the Constitution, "If a Bill transmitted to a House under clause (1) is rejected or is not passed within 90 days of its laying in the House or a Bill sent to a House under clause (2) with amendments is not passed by that House with such amendments, the Bill, at the request of the House in which it originated, shall be considered in a joint sitting and if passed by the votes of the majority of the members present and voting in the joint sitting it shall be presented to the President for assent."
According to Bill, 462B Tampering with petroleum pipelines, etc- "(1) Any person who wilfully does tampering or attempts to do tampering or abets in tampering with a facility, installation or main pipeline for transmission or transportation, as the case may be, of petroleum, is said to commit tampering with petroleum pipelines.
(2)Any person who commits or abets in tampering with petroleum pipelines for the purpose of,- (a)theft of petroleum; or (b)disrupting supply of petroleum, shall be punished with rigorous imprisonment which may extend to fourteen years but shall not be less than seven years and with fine which may extend to ten million rupees."
Minister for Religious Affairs Syed Khurshid Shah presented the Bill in the National Assembly for passagee. The House passed the Bill. According to statement of objects and reasons of the Bill, in order to maintain and ensure the smooth supply of oil and gas and functioning of the oil and gas pipelines and facilities akin thereto, it is expedient to create a comprehensive legislative instrument which can curb the practices of oil and gas theft and pilferage and abuse of lawful connections of oil and gas through numerous means, to provide for adequate punishment proportionate to the gravity of offences, to halt damage or destruction of oil and gas pipelines by acts of subversion and to protect the assets of national significance which are duly defined herein, this law is hereby enacted.
According to this Bill, new amendment about offence relating to oil and gas etc would be made in the Pakistan Penal Code 1860 and the Code of Criminal Procedure 1898. The Bill further says about 462C Tampering with auxiliary or distribution pipelines of petroleum - (1) Any person who wilfully does tampering or attempts to do tampering or abets in tampering with any auxiliary or distribution pipeline of petroleum not being a main transmission and transportation pipeline but includes a distribution system, distribution pipeline or any other related system and equipment, as the case may be, of petroleum is said to commit tampering with auxiliary or distribution pipelines of petroleum.
(2)Any person who commits or abets in tampering with auxiliary or distribution pipeline of petroleum for the purpose of, (a)theft of petroleum; or (b)disrupting supply of petroleum, "Shall be punished with rigorous imprisonment which may extend to ten years but shall not be less than five years and with fine which may extend to three million rupees."
About 462D Tampering with gas meter by domestic consumer, etc:- the Bill says that "any person or individual being the domestic consumer who does tampering or abets in tampering with any gas meter, regulator, meter index or gas connection or any other related system and equipment, whether to commit theft of gas or for the purpose of unauthorised distribution or supply of gas shall be punished with imprisonment for a term which may extend to six months or fine which may extend to one hundred thousand rupees or both.
462E is about tampering with gas meter by industrial or commercial consumer, etc:- the Bill says that "Any person or individual being industrial or commercial consumer who does tampering or abets in tampering with any gas meter, regulator, meter index or gas connection or any other related system and equipment, whether to commit theft of gas or for the purpose of unauthorised distribution or supply of gas shall be punished with imprisonment which may extend to ten years but shall not less than five years or fine which may extend to five million rupees or both.
The Bill further says about 462F damaging or destructing the transmission or transportation lines, etc "any person who damages or destructs any transmission or transportation lines by an act of subversion by explosive material or in any other manner so as to disrupt the supply of petroleum shall be punished with rigorous imprisonment which may extend to fourteen years but shall not be less than seven years and with fine which shall not be less than one million rupees."
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