There are loop holes in the manner TAPI Project is currently being handled. The writer was a member of TAPI TWG group during 2010 and 2011 and tried to keep the project on Track by sharing the knowledge with less informed members. However things do not always go the way they are planned. Currently the writer has objected on the contents of TAPI Operations Agreement and the case is pending in Islamabad High Court. The decision of Islamabad High Court will be uploaded as and when available.
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
Intricacies involved in the Child Custody and Guardianship in Hindus, Muslims, Christians and parsis residing in India. Under which circumstances Court can order Custody of a Child to any parent and Gaurdianship of a Child.
Validity of contingent and conditional bequests Utkarsh Kumar
Introduction – ‘Vest’ meaning and differences
Contingent Bequests
Conditional Bequests
Validity of conditions subsequent & forfeiture of bequest – with reference to S. 134
Defeasance clause – distinguished from repugnant clause
Conclusion
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
Intricacies involved in the Child Custody and Guardianship in Hindus, Muslims, Christians and parsis residing in India. Under which circumstances Court can order Custody of a Child to any parent and Gaurdianship of a Child.
Validity of contingent and conditional bequests Utkarsh Kumar
Introduction – ‘Vest’ meaning and differences
Contingent Bequests
Conditional Bequests
Validity of conditions subsequent & forfeiture of bequest – with reference to S. 134
Defeasance clause – distinguished from repugnant clause
Conclusion
With current new amendments and law adding on in the Indian Judiciary, its important to know and be well aware of the statutes. You can consider this subject as 'Grammar of Law'. Teaches you exactly are the statutes made by the Legislative authorities as well. From use of particular language to construction of words this presentation almost includes all the part of how a statute is made, how they are learned and how exactly are the legal maxims used.
Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia expressly states that all-natural resources in the land of Indonesia are controlled by the state and used to realize the prosperity of the people.1 Oil and gas, as well as minerals and coal are some of Indonesia’s natural wealth, which must be managed to achieve the objectives of Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Considering that oil and gas, mineral and coal are classified as high risk, high technology, and high cost industries, the management needs to be done in collaboration with various parties who have capital and competitive technology. Most of the cooperation in oil and gas, mineral and coal management is carried out based on the contract system. In the Indonesian context, the contract system is widely used for upstream sector activities that include exploration and exploitation/production of oil and gas, and mineral and coal, while for downstream activities it is implemented through the granting of a business license.2 Since 2009, part of the upstream mineral and coal sector has been implemented through a licensing system.
With current new amendments and law adding on in the Indian Judiciary, its important to know and be well aware of the statutes. You can consider this subject as 'Grammar of Law'. Teaches you exactly are the statutes made by the Legislative authorities as well. From use of particular language to construction of words this presentation almost includes all the part of how a statute is made, how they are learned and how exactly are the legal maxims used.
Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia expressly states that all-natural resources in the land of Indonesia are controlled by the state and used to realize the prosperity of the people.1 Oil and gas, as well as minerals and coal are some of Indonesia’s natural wealth, which must be managed to achieve the objectives of Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Considering that oil and gas, mineral and coal are classified as high risk, high technology, and high cost industries, the management needs to be done in collaboration with various parties who have capital and competitive technology. Most of the cooperation in oil and gas, mineral and coal management is carried out based on the contract system. In the Indonesian context, the contract system is widely used for upstream sector activities that include exploration and exploitation/production of oil and gas, and mineral and coal, while for downstream activities it is implemented through the granting of a business license.2 Since 2009, part of the upstream mineral and coal sector has been implemented through a licensing system.
Disclosure of contract and license in the extractive industry sector, especially in oil, gas and mining are mandatory thing. Firstly, they are important to trace the income flws from extractive industry sector, and also to secure social and environmental justice. Contract and licensing documents of extractive industry sector always involve public resources and become the basis of many public policies for its fical, social, and environmental aspects. So the public has the right to know and aware of the content of those documents. Secondly, the disclosure publicly contribute to the decreasing of corruption practices usually done by government and companies collusion.
Thrdly, contract and licensing documents have been published by many countries in the world, at least 29 countries of them, such as Colombia, Ghana, Guinea, Iraq, Liberia, Peru, Timor-Leste, Philippines and United States. Even extractive companies like Rio Tinto, ExxonMobil, British Petroleum, SOCAR, Amaco, Lukoil, Elf and Statoil, Tullow Oil, and Kosmos Energy did so. Supports for publicizing the documents also come from international institutions like World Bank Group’s International Finance Corporation (IFC), International Monetary Fund (IMF), and the International Bar Association.
The UK Government’s “Infrastructure Bill” – amended draft published on 14 October 2014. Key highlights: CO2-reduction, extraction-tax, piercing commercial veils in upstream petroleum, levies on CO2 storage/gas storage or unloading/exploiting UK petroleum, and deep petroleum/geothermal energy prospecting.
Compared with other sources of energy, oil and gas continue to become primary sources of energy in Indonesia with the highest level of consumption. Apart from propping up almost one third of national revenue, oil and gas also significantly contribute to create job opportunities, supply the need of fuel, petrochemical industry which in turn effectively enhances investment and economy.
As a natural resource contained within the bowel of the earth, the constitution of the Republic of Indonesia asserts that the ownership and enterpreneurship of national oil and gas industry is controlled by the state and immensely benefitted to the welfare of people accordingly (constitution 1945, article 33). Furthermore, it is asserted through the law 22/2001 on oil and gas that the control by the state is administered by the government as the holder of mining right. It means, the government is entitled with authority to administer the exploration and exploitation of oil and gas throughout Indonesian territory.
SC Judgement - Appointment Of Third ArbitratorFlame Of Truth
The SC judgement by Justice S S Nijjar in the matter between Reliance Industries Ltd and others versus Union of India, arbitration petition filed by Reliance for appointment of the third and the presiding arbitrator.
Final Report (TCP/RLA/0069)
Development of Standards for the Construction and Inspection of Fishing Vessels
Final Report TCP/RLA/0069 http://www.slideshare.net/safetyforfishermen/final-report-of-project-57610513
Annex I http://www.slideshare.net/safetyforfishermen/annex-i-57610511
Annex II http://www.slideshare.net/safetyforfishermen/annex-ii-57610508
Annex III http://www.slideshare.net/safetyforfishermen/annex-iii
Annex IV http://www.slideshare.net/safetyforfishermen/annex-iv-57610500
Annex V http://www.slideshare.net/safetyforfishermen/annex-v-57610497
Annex VI http://www.slideshare.net/safetyforfishermen/annex-vi-57610495
Schedule 1 http://www.slideshare.net/safetyforfishermen/schedule-1-57610492
Schedule 2 http://www.slideshare.net/safetyforfishermen/schedule-2-57610486
Schedule 3 http://www.slideshare.net/safetyforfishermen/schedule-3-57610481
Schedule 4 http://www.slideshare.net/safetyforfishermen/schedule-4-57610477
Schedule 5 http://www.slideshare.net/safetyforfishermen/schedule-5-57610474
Schedule 6 http://www.slideshare.net/safetyforfishermen/schedule-6-57610470
Schedule 7 http://www.slideshare.net/safetyforfishermen/schedule-7-57610465
Schedule 8 http://www.slideshare.net/safetyforfishermen/schedule-8-57610456
Schedule 9 http://www.slideshare.net/safetyforfishermen/schedule-9-57610450
Schedule 10 http://www.slideshare.net/safetyforfishermen/schedule-10-57610439
Schedule 11 http://www.slideshare.net/safetyforfishermen/schedule-11-57610431
Annex VII http://www.slideshare.net/safetyforfishermen/annex-vii-57610416
Annex VIII http://www.slideshare.net/safetyforfishermen/annex-viii-57610410
Annex IX http://www.slideshare.net/safetyforfishermen/annex-ix-57610400
Annex X http://www.slideshare.net/safetyforfishermen/annex-x-57610393
Annex XI http://www.slideshare.net/safetyforfishermen/annex-xi-57610383
Due Diligence Service, Constitutional and Administrative Law Due DiligenceRhim Kumushkulov
In this document, CBC proposes its scope of performance for providing a detailed due diligence investigation on Iran’s Oil and Gas industry for its Clients, in accordance with Iran’s Ministry of Petroleum’s new contractual framework named IPC (Iran Petroleum Contract).
Public Contracts between state and companies concerning exploration & product...Fotios N. Zachopoulos
The legal framework for Oil and Gas in Cyprus is an amalgamation of European Union Law[4] and International Law. As a Member State of the European Union (‘EU’), since 2004 and a signatory to the United Nations Convention on the Law of the Sea (UNCLOS) since 1988, Cyprus needs to abide with all the respective obligations prescribed both in EU and International level. Following the regulations stipulated in UNCLOS regarding the delimitation of maritime boundaries, the Republic of Cyprus in 2004 passed a law defining and regulating its Exclusive Economic Zone (‘EEZ’), with The Contiguous Zone Law 2004 and The Declaration of the EEZ Law 2004. These provide that “the Republic has sovereign rights for the purposes of exploring and exploiting, conserving and managing the natural resources of the waters superjacent to the seabed and of the sea bed and its subsoil”. Furthermore, the exploration or exploitation of the non-living resources in the EEZ is subject to the permission of the Council Of Ministers or any other competent authority as designated by law.
US Economic Outlook - Being Decided - M Capital Group August 2021.pdfpchutichetpong
The U.S. economy is continuing its impressive recovery from the COVID-19 pandemic and not slowing down despite re-occurring bumps. The U.S. savings rate reached its highest ever recorded level at 34% in April 2020 and Americans seem ready to spend. The sectors that had been hurt the most by the pandemic specifically reduced consumer spending, like retail, leisure, hospitality, and travel, are now experiencing massive growth in revenue and job openings.
Could this growth lead to a “Roaring Twenties”? As quickly as the U.S. economy contracted, experiencing a 9.1% drop in economic output relative to the business cycle in Q2 2020, the largest in recorded history, it has rebounded beyond expectations. This surprising growth seems to be fueled by the U.S. government’s aggressive fiscal and monetary policies, and an increase in consumer spending as mobility restrictions are lifted. Unemployment rates between June 2020 and June 2021 decreased by 5.2%, while the demand for labor is increasing, coupled with increasing wages to incentivize Americans to rejoin the labor force. Schools and businesses are expected to fully reopen soon. In parallel, vaccination rates across the country and the world continue to rise, with full vaccination rates of 50% and 14.8% respectively.
However, it is not completely smooth sailing from here. According to M Capital Group, the main risks that threaten the continued growth of the U.S. economy are inflation, unsettled trade relations, and another wave of Covid-19 mutations that could shut down the world again. Have we learned from the past year of COVID-19 and adapted our economy accordingly?
“In order for the U.S. economy to continue growing, whether there is another wave or not, the U.S. needs to focus on diversifying supply chains, supporting business investment, and maintaining consumer spending,” says Grace Feeley, a research analyst at M Capital Group.
While the economic indicators are positive, the risks are coming closer to manifesting and threatening such growth. The new variants spreading throughout the world, Delta, Lambda, and Gamma, are vaccine-resistant and muddy the predictions made about the economy and health of the country. These variants bring back the feeling of uncertainty that has wreaked havoc not only on the stock market but the mindset of people around the world. MCG provides unique insight on how to mitigate these risks to possibly ensure a bright economic future.
how to sell pi coins on Bitmart crypto exchangeDOT TECH
Yes. Pi network coins can be exchanged but not on bitmart exchange. Because pi network is still in the enclosed mainnet. The only way pioneers are able to trade pi coins is by reselling the pi coins to pi verified merchants.
A verified merchant is someone who buys pi network coins and resell it to exchanges looking forward to hold till mainnet launch.
I will leave the telegram contact of my personal pi merchant to trade with.
@Pi_vendor_247
Even tho Pi network is not listed on any exchange yet.
Buying/Selling or investing in pi network coins is highly possible through the help of vendors. You can buy from vendors[ buy directly from the pi network miners and resell it]. I will leave the telegram contact of my personal vendor.
@Pi_vendor_247
Introduction to Indian Financial System ()Avanish Goel
The financial system of a country is an important tool for economic development of the country, as it helps in creation of wealth by linking savings with investments.
It facilitates the flow of funds form the households (savers) to business firms (investors) to aid in wealth creation and development of both the parties
how to sell pi coins in South Korea profitably.DOT TECH
Yes. You can sell your pi network coins in South Korea or any other country, by finding a verified pi merchant
What is a verified pi merchant?
Since pi network is not launched yet on any exchange, the only way you can sell pi coins is by selling to a verified pi merchant, and this is because pi network is not launched yet on any exchange and no pre-sale or ico offerings Is done on pi.
Since there is no pre-sale, the only way exchanges can get pi is by buying from miners. So a pi merchant facilitates these transactions by acting as a bridge for both transactions.
How can i find a pi vendor/merchant?
Well for those who haven't traded with a pi merchant or who don't already have one. I will leave the telegram id of my personal pi merchant who i trade pi with.
Tele gram: @Pi_vendor_247
#pi #sell #nigeria #pinetwork #picoins #sellpi #Nigerian #tradepi #pinetworkcoins #sellmypi
how to sell pi coins at high rate quickly.DOT TECH
Where can I sell my pi coins at a high rate.
Pi is not launched yet on any exchange. But one can easily sell his or her pi coins to investors who want to hold pi till mainnet launch.
This means crypto whales want to hold pi. And you can get a good rate for selling pi to them. I will leave the telegram contact of my personal pi vendor below.
A vendor is someone who buys from a miner and resell it to a holder or crypto whale.
Here is the telegram contact of my vendor:
@Pi_vendor_247
Exploring Abhay Bhutada’s Views After Poonawalla Fincorp’s Collaboration With...beulahfernandes8
The financial landscape in India has witnessed a significant development with the recent collaboration between Poonawalla Fincorp and IndusInd Bank.
The launch of the co-branded credit card, the IndusInd Bank Poonawalla Fincorp eLITE RuPay Platinum Credit Card, marks a major milestone for both entities.
This strategic move aims to redefine and elevate the banking experience for customers.
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
What website can I sell pi coins securely.DOT TECH
Currently there are no website or exchange that allow buying or selling of pi coins..
But you can still easily sell pi coins, by reselling it to exchanges/crypto whales interested in holding thousands of pi coins before the mainnet launch.
Who is a pi merchant?
A pi merchant is someone who buys pi coins from miners and resell to these crypto whales and holders of pi..
This is because pi network is not doing any pre-sale. The only way exchanges can get pi is by buying from miners and pi merchants stands in between the miners and the exchanges.
How can I sell my pi coins?
Selling pi coins is really easy, but first you need to migrate to mainnet wallet before you can do that. I will leave the telegram contact of my personal pi merchant to trade with.
Tele-gram.
@Pi_vendor_247
USDA Loans in California: A Comprehensive Overview.pptxmarketing367770
USDA Loans in California: A Comprehensive Overview
If you're dreaming of owning a home in California's rural or suburban areas, a USDA loan might be the perfect solution. The U.S. Department of Agriculture (USDA) offers these loans to help low-to-moderate-income individuals and families achieve homeownership.
Key Features of USDA Loans:
Zero Down Payment: USDA loans require no down payment, making homeownership more accessible.
Competitive Interest Rates: These loans often come with lower interest rates compared to conventional loans.
Flexible Credit Requirements: USDA loans have more lenient credit score requirements, helping those with less-than-perfect credit.
Guaranteed Loan Program: The USDA guarantees a portion of the loan, reducing risk for lenders and expanding borrowing options.
Eligibility Criteria:
Location: The property must be located in a USDA-designated rural or suburban area. Many areas in California qualify.
Income Limits: Applicants must meet income guidelines, which vary by region and household size.
Primary Residence: The home must be used as the borrower's primary residence.
Application Process:
Find a USDA-Approved Lender: Not all lenders offer USDA loans, so it's essential to choose one approved by the USDA.
Pre-Qualification: Determine your eligibility and the amount you can borrow.
Property Search: Look for properties in eligible rural or suburban areas.
Loan Application: Submit your application, including financial and personal information.
Processing and Approval: The lender and USDA will review your application. If approved, you can proceed to closing.
USDA loans are an excellent option for those looking to buy a home in California's rural and suburban areas. With no down payment and flexible requirements, these loans make homeownership more attainable for many families. Explore your eligibility today and take the first step toward owning your dream home.
The European Unemployment Puzzle: implications from population agingGRAPE
We study the link between the evolving age structure of the working population and unemployment. We build a large new Keynesian OLG model with a realistic age structure, labor market frictions, sticky prices, and aggregate shocks. Once calibrated to the European economy, we quantify the extent to which demographic changes over the last three decades have contributed to the decline of the unemployment rate. Our findings yield important implications for the future evolution of unemployment given the anticipated further aging of the working population in Europe. We also quantify the implications for optimal monetary policy: lowering inflation volatility becomes less costly in terms of GDP and unemployment volatility, which hints that optimal monetary policy may be more hawkish in an aging society. Finally, our results also propose a partial reversal of the European-US unemployment puzzle due to the fact that the share of young workers is expected to remain robust in the US.
when will pi network coin be available on crypto exchange.DOT TECH
There is no set date for when Pi coins will enter the market.
However, the developers are working hard to get them released as soon as possible.
Once they are available, users will be able to exchange other cryptocurrencies for Pi coins on designated exchanges.
But for now the only way to sell your pi coins is through verified pi vendor.
Here is the telegram contact of my personal pi vendor
@Pi_vendor_247
The secret way to sell pi coins effortlessly.DOT TECH
Well as we all know pi isn't launched yet. But you can still sell your pi coins effortlessly because some whales in China are interested in holding massive pi coins. And they are willing to pay good money for it. If you are interested in selling I will leave a contact for you. Just telegram this number below. I sold about 3000 pi coins to him and he paid me immediately.
Telegram: @Pi_vendor_247
how to sell pi coins effectively (from 50 - 100k pi)DOT TECH
Anywhere in the world, including Africa, America, and Europe, you can sell Pi Network Coins online and receive cash through online payment options.
Pi has not yet been launched on any exchange because we are currently using the confined Mainnet. The planned launch date for Pi is June 28, 2026.
Reselling to investors who want to hold until the mainnet launch in 2026 is currently the sole way to sell.
Consequently, right now. All you need to do is select the right pi network provider.
Who is a pi merchant?
An individual who buys coins from miners on the pi network and resells them to investors hoping to hang onto them until the mainnet is launched is known as a pi merchant.
debuts.
I'll provide you the Telegram username
@Pi_vendor_247
how to sell pi coins effectively (from 50 - 100k pi)
Writ Petition Islamabad High Court TAPI Operations Agreement
1. IN THE ISLAMABAD HIGH COURT, ISLAMABAD
(Constitutional Jurisdiction)
Writ Petition No.__________/2014
Syed Kamran Ali S/o Syed Mumtaz Ali, Deputy General Manager (Technical)
Interstate Gas Systems (Pvt) Limited R/o 128 C-1 NESPAK Colony, Near
Township, Lahore.
… … …Petitioner
Versus
1. Federation of Pakistan through Secretary Ministry of Petroleum &
Natural Resources, Pak Secretariat, Islamabad.
2. Inter State Gas Systems (Pvt) Limited through its Managing
Director having its registered office at 517, Main Margalla Road, F-
10/2, Islamabad.
2. 3. Government Holding (Pvt) Limited through its Managing Director
having registered office at House No.17, Street No.89, G-6/3,
Islamabad.
… … …Respondents
___________________
WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION
OF ISLAMIC REPUBLIC OF PAKISTAN, 1973
____________________
Respectfully Sheweth:
1. That the addresses of parties provided in the heading of the
Petition are sufficient for service of process of this honorable
Court.
2. That the Petitioner is a Mechanical Engineer by profession with
MBA-Finance and has been working in the field of energy
particularly natural gas for last 20 years. The experience
includes Gas Transmission Pipeline Operation, Gas Metering, Gas
Custody Transfer Applications (Invoices & Electronic Flow
Measurement), Gas Transportation Agreement, Gas Sales
Purchase Agreements, Gas Operations Agreement and project
executions including feasibility and design. Currently, the
Petitioner is working in the Inter State Gas Systems (Pvt)
Limited the Respondent No.2 as Deputy General Manager
(Technical).
3. That the Petitioner was actively involved in finalization of Iran-
Pakistan Gas Sales Purchase Agreement which was signed in
2009, negotiated and initialed Iran-Pakistan Gas Operations
3. Agreement in 2009. The Petitioner was also a member of TAPI
Technical Working Group which negotiated the Turkmenistan-
Afghanistan-Pakistan-India Gas Sales Purchase Agreement and
Operations Agreement during 2010-11. Copy of the relevant
letters whereby the Petitioner was included in the TAPI Technical
Working Group is attached as “Annex-A”.
4. That the instant Petition is being filed in public interest as due to
actions and inactions of the Respondents, the fundamental rights
of the people of Pakistan are at stake. The honorable Supreme
Court has ruled in various judgments that the Government
officials are custodian of the public assets and therefore, cannot
deal with the same except in accordance with law.
5. That the honorable Supreme Court of Pakistan has declared the
Chagai Hills Joint Venture Agreement (related to Gold Mines in
Balochistan) illegal and void ab initio in the judgment reported
as PLD 2013 SC 641. Further, the privatization of the Steel Mills
was declared to be illegal in the judgment reported as PLD 2006
SC 697. Recently in a case reported as PLD 2014 SC 206, the
awarding of a project for extraction of LPG to Jamshoro Joint
Venture Limited was declared illegal due to lack of transparency.
Thus it is crystal clear that when there is lack of transparency on
part of the Government officials in a transaction wherein public
assets are involved then the Courts can intervene and protect
the same. Even otherwise, this honorable Court has ample
powers under Article 199 of the Constitution to have judicial
4. review of the executive actions in order to ensure conformity of
the same to the Constitution and law.
6. That the Respondent No.1 is a Federal Ministry which is
responsible to regulate and monitor the Oil & Gas Sector in
Pakistan. Further, under Schedule IV Part II Entry 2 of the
Constitution, the matters related to mineral oil and natural gas
exclusively falls under the legislative domain of Parliament.
Under Article 97 of the Constitution, the Federation has
executive authority to all such matters which fall under the
federal legislative list. Hence, the Federation has exclusive
executive authority to deal with matters related to natural gas
including import of natural gas from other countries in to
Pakistan.
7. That the Respondent No.2 is a subsidiary of the Respondent No.3
Government Holdings (Pvt.) Limited which in turn is wholly
owned by the Federation of Pakistan and operates under the
supervision of the Ministry of Petroleum and Natural Resources.
The Respondent No.2 was incorporated considering the future
plans of the Government for importing natural gas from other
countries. Further, the Secretary of the Ministry of Petroleum
and Natural Resources is the Chairman of the Board of Directors
of the Respondent No.2. Copy of the profile of Respondent No.2
is attached as “Annex-B”. Copy of the list of the members of
the Board of Directors of Respondent No.2 is attached as
“Annex-C”.
5. 8. That the Respondent No.3 holds more than ninety nine percent
shareholding of Respondent No.2 and the Managing Director of
the Respondent No.3 is the Chairman of the Finance Committee
of Board of Directors of Respondent No.2. Copy of the profile of
the Respondent No.3 is attached as “Annex-D”.
9. That the Rules of Business, 1973 explain in detail the extent of
the authority of Ministry of Petroleum & Natural Resources with
respect to matters related to the Oil & Gas field. Under Schedule
II Paragraph No.23(4)(ii), the Respondent No.1, inter alia, is
responsible for the investments made by the Government and
also for companies owned by the Government in the field of oil
and gas, it reads as under:
(ii) Matters relating to Federal investments and undertakings
wholly or partly owned by the Government in the field of oil, gas
and minerals, excepting those assigned to the Industries and
Production Division.
Copy of the relevant pages from the Rules of Business,
1973 is attached as “Annex-E”.
10. That from the above excerpt from the Rules of Business, it is
crystal clear that the ultimate responsibility lies upon the
Respondent No.1 to ensure that the companies owned by it
directly or indirectly are working diligently and are not causing
any losses to the Government or people of Pakistan intentionally
or otherwise.
11. That a project known as Turkmenistan, Afghanistan, Pakistan,
India (TAPI) Gas Pipeline for import of gas from Turkmenistan is
being carried out by the Respondent No.2 under the supervision
6. of Respondent No.1 and 3. The following agreements under this
project have already been signed:
i. Intergovernmental Agreement (IGA) was signed by the
Head of States of all the member countries during TAPI
Summit held at Ashgabat on 11th December 2010.
ii. Gas Pipeline Framework Agreement (GPFA) was signed by
respective petroleum ministers of four countries on 11th
December, 2010.
iii. Heads of Agreement (HOA) was signed by heads of
respective commercial entities on 19th September 2010.
iv. Gas Sale and Purchase Agreement (GSPA)- Turkmenistan-
Pakistan and Turkmenistan-India bilateral GSPAs were
signed by the heads of respective commercial entities on
23rd May 2012. On the same day, Afghanistan and
Turkmenistan have signed a Memorandum of
Understanding on “Long Term Cooperation in Gas Sector”.
Afghanistan has also signed the GSPA.
Copy of the information about the project available at the
website of the Respondent No.2 is attached as “Annex-
F”.
12. That now to move forward a quadripartite agreement known as
“Operations Agreement” is to be signed. This agreement mainly
deals with operational matters related to the Gas Measurement
details and allocation of Gas, delivered through a common
metering station at the Turkmenistan-Afghanistan border,
7. among the Buyers. All the Buyers shall have to pay for the value
of gas allocated to them through Gas Allocation Schedule.
13. That a draft Operations Agreement was circulated among the
parties. Copy of the relevant pages of the Operations Agreement
is attached as “Annex-G”.
14. That the Managing Director of the Respondent No.2 has finalized
the draft Operations Agreement without taking input of the
Respondent No.1 and 3 and other officers of the Respondent
No.2 including the Petitioner. Further, the input provided by the
Petitioner and other officials was not considered and the MD has
finalized the Agreement. Copy of the emails sent by the
Petitioner to the MD of Respondent No.2 regarding flaws in the
Operations Agreement is are attached as “Annex-H 1, Annex-
H2 & Annex- H3 ” .
15. That the Draft Operations Agreement which was finalized by the
Managing Director of the Respondent No.2 includes clauses
which will be financially damaging for Pakistan.
16. That particularly the mechanism of “Allocation of Gas” stipulated
in Schedule 6 of the Draft Operations Agreement is a flawed
mechanism requiring Gas Allocation (quantity of gas to-be-paid-for
by each Buyer) on the basis of:
i. Buyer’s Nomination (a prudent forecast by Buyer regarding
his gas requirements, which is binding on the Seller for gas
8. delivery and on the Buyer for gas acceptance) in all
situations other than (ii) & (iii) below; and
ii. Buyer’s mutual agreement in a situation defined as “Short-take”;
and
iii. Transporter’s intimation in a situation defined as “Short-take”.
All the above referred three methods provided for determination
of Gas Allocation for each Buyer are flawed and will cause
serious disputes among the parties and will hard hit Pakistan as
the said mechanism is not aneither correct nor fair one.
17. That earlier the Gas Allocation Schedule was included in the Gas
Sale Purchase Agreement (the “GSPA”). During the Working
Group Meetings, The Petitioner on behalf of Pakistan pointed out
flaws in the said Gas Allocation Schedule, therefore, the same
was omitted from the execution version of the Gas Sale Purchase
Agreement. It was decided that the matter of Gas Allocation
Schedule will be taken up with the Operations Agreement.
18. That due to the fact that the Petitioner actively pointed out flaws
in the Gas Allocation Schedule, he was removed by the
Respondent No.2 from the committee involved in the
negotiations and finalization of the Operations Agreement.
Further, various coercive measures were taken by some officials
of the Respondent No.2 against the Petitioner for pointing out
flaws in the Gas Allocation Schedule including removal of
9. Petitioner’s name from Management Email-Group, withholding
the promotion of the Petitioner, initiating false enquiry against
the Petitioner and curtailing man-power / authority of the
Petitioner while carrying out official works. Copy of the email
correspondence sent by the Petitioner in this respect to the
senior officers of Respondent No.2 is are attached as “Annex-I 1
& Annex- I2 ” .
19. That the Petitioner was not discouraged by such illegal
techniques adopted by some officials of the Respondent No.2. It
is pertinent to mention here that it is not only the Petitioner who
pointed out flaws in the Operations Agreement, there are other
officials of the Respondent No.2 who showed concerns regarding
deficiencies in the Operations Agreement. However, when they
conveyed their concerns to the Managing Director of the
Respondent No.2, he did not give their professional observations
any weightage and said that the draft of the Operations
Agreement has been finalized. Copy of one such email sent by
some officers of the Respondent No.2 recommending
amendments in the Operations Agreement is attached as
“Annex-J”.
20. That the Petitioner being a technical person knows very well and
can demonstrate that the Gas Allocation Schedule which has
been included in the draft Operations Agreement will cause
financial burden for Pakistan for gas even not utilized by the
citizens of Pakistan.
10. 21. That the following are core flaws of the Operations Agreement in
general and Gas Allocation Schedule in particular:
i. The Article 5 (Notification of Failure to Supply) of the
Operations Agreement is flawed one as the Seller does not
have means to confirm individual reduction of gas supply
to each buyer as a result of delivery failure. The Seller can
only provide aggregate of reduced volume and allocation is
required to be carried out in line with allocation procedure.
ii. The Article 6.2 (Metering by the Gas Transporter) is a
flawed Article as the same does not include provisions for
metering by the Gas Transporter at the off-take point of
each buyer.
Schedule – 6 (Gas Allocation)
iii. The Clause 1 of the Gas Allocation Schedule states that the
gas allocation shall be in a consistent, fair and equitable
manner. However, this clause does not envisage that the
allocation is done in a correct way using the meter
readings for each buyer at their off-take point as well as
line pack variations (such information is only completely
available with Gas Transporter). No obligation has been
put on Gas Transporter to provide Seller with information /
meter readings required for correct allocation of Buyer’s
Delivered Volume.
11. iv. In the Definition of “DP buyers’ Delivered Volume” two
different terms “determined” and “Specified” have been
used for the same matter. Using two different terms will
ultimately confuse the matter and will affect allocation of
gas and as a result will entail financial consequences.
v. The definition of “short supply” has not been included in
the Gas Allocation Schedule. Further, Seller’s default in
connection with short supply has been completely ignored.
vi. “Short-take” is being defined as a fault of the buyer which
cannot be defined so unless the delivery pressure is above
the delivery pressure range.
vii. The formulas prescribed under Clause 3 are also faulty.
The opening sentence of the said clause reflects that the
Seller shall be incapable of correctly allocating gas unless
some information is made available to it by the
Transporter of gas.
viii. The Formula prescribed under Clause 3.1 as Scenario 1
fails to allocate gas correctly in case of a short supply
which results due to a “Rejection Notice” from one of the
buyers to take off-specification gas. This formula also fails
to allocate gas correctly in a scenario (no short take and
no short supply) where the Transporter determines that
one buyer is not able to receive gas equal to his nominated
volume as a result of unavailability of any allowance in
such buyer’s line pack balance.
12. ix. Under Clause 4, the Short Take Allocation Scenario is
discussed. Under Clause 4.1 if on any day a short take has
occurred by any buyer then such buyer may notify the
Seller of its Delivery Point Buyer’s Delivered Volume. This
sub clause 4.1 assigns the duty to determine the extent of
default to a buyer, whereas under the agreements and the
scheme of the project none of the buyers individually or
collectively have the means and information available to
determine their individual DP Buyer’s delivered volume.
x. Conditions prescribed under sub-clauses 4.1.1 to 4.1.3 can
never be met without intervention by the Gas Transporter,
however, in the said clauses there is no mention of the Gas
Transporter.
xi. The powers given to the Seller under sub-clause 4.1.4 will
cause disputes regarding invoiced gas volume, gas
reconciliation and under take penalty. Further this will
cause troubles for execution of the Gas Transportation
Agreement.
xii. Clause 4.2 fails to incorporate binding obligation on Gas
Transporter to notify information / meter readings to the
Seller that are necessarily required for correct allocation of
Gas.
xiii. It is completely ignored in the entire text of Schedule-6
(Gas Allocation) that the “Parties” to Operations
Agreement include Gas Transporter (subsequent to his
13. signing of Transporter’s Deed of Adherence) and necessary
obligations are not put on the Gas Transporter with
reference to allocation of gas.
22. That the above stated flaws in the Operations Agreement as well
as in the Gas Allocation Schedule will cause future operational
problems for Pakistan in addition to imposing additional financial
burden. Ultimately, the said financial burden will be shifted to
the citizens and consumers of the imported gas.
23. That the decision of the Respondent No.2 to accept the flawed
Gas Allocation Schedule is illegal, non-transparent, based on
mala-fide and ulterior motives. In addition to that, this gas
allocation mechanism is certainly not in favor of the people of
Pakistan.
24. That in other countries such upstream / entry-point allocation of
Gas (for common gas transportation pipeline receiving gas for
different Shippers through common meter) is correctly
determined either by an “Independent Allocation Agent” or by
“Gas Transporter” based on clearly defined rules / codes which
incorporate (as a minimum requirement) consideration of Off-take
meter readings, variation in line pack and Shippers’
Nominations (A Buyer is called a Shipper under Gas
Transportation Agreement). Some examples are provided:
a. Energy Market Authority of UK Singapore has published “Gas
Network Code” on its website, and Section-E of this code
provides mechanism of entry point gas allocation based on exit
14. point meter and gas pack variations (gas shrinkage as defined in
the code). Section-E & L of the Gas Network code Code is
are attached as Annex-K & Annex-L .
b. Joint Office of Gas Transporters UK have issued a Uniform
Network Code – Transportation Principal Document on its
website, and Section-E of this document provides mechanism for
entry point gas allocation based on exit point meter and gas
pack variations. Section-E of the Transportation Principal
Document is attached as Annex-M.
c. Access Arrangements of Australian Amadeus Gas Pipeline also
discuss entry point gas allocation, gas pack variations and exit
point allocations for correct reconciliation. Relevant Extract of
Access Arrangements is attached as Annex-N.
d. JEMENA is a large Australian energy provider (Gas , Electricity &
Water) and has made available on its website Queensland Gas
Pipeline Operation Manual which provides details of entry point
gas allocation, gas pack variations and exit point allocation. QPG
Operations Manual is attached as Annex-O.[network codes
for British Transco (Section-E), Australian NT and Queensland
Gas pipeline have also been included which may be discussed for
inclusion in this writ petition]
25. That Oil and Gas Regulatory Authority which has the mandate to
regulate all Gas Transportation Pipelines in Pakistan has placed
on its’s website draft “Third Party Access Rules” which also
recognize allocation of entry point allocation of gas to be
15. incorporated in the “Access Arrangements” based on entry-exit
meter readings, line pack imbalance and nominations. Attached
as Annex- L P .
26. That the draft Operations Agreement is soon going to be
executed by the Respondent No.2. If the said agreement is
executed it will cause grave and serious financial consequences
for the people of Pakistan as huge unjustifiable financial burden
will be imposed upon them.
27. That the Respondent No.1 and 3 have failed to supervise the
Respondent No.2 and to ensure that the draft Operations
Agreement is fair (particularly the Gas Allocation Schedule) and
does not impose on the people of Pakistan illegal burden. The
actions and inactions of the Respondents are being challenged
here, inter alia, on the following grounds:
GROUNDS
a. The inaction of Respondent No.1 in safeguarding the consumers
of gas from extra financial burden is contrary to the
responsibilities imposed upon it under the Constitution and Law.
b. That the Respondent No.1 has failed to fulfill its responsibilities
imposed upon it under the Rules of Business, 1973. Therefore,
appropriate directions are needed to be issued to the
Respondent No.1 in order to safeguard fundamental rights of the
people of Pakistan.
16. c. Under Article 97 of the Constitution, the Respondent No.1 has
been entrusted with executive authority of the Federation and
also under the Rules of Business it is its responsibility to protect
the investments of the Government in the field of gas and
supervise the undertakings (companies) owned directly or
indirectly by the Federation. The inaction of the Respondent No.1
is contrary to the command of the Constitution and law.
d. That the actions and inactions of the Respondents are also in
violation of Article 4, 18 and 24 of the Constitution. Further,
under Article 5, it is the duty of all citizens to have loyalty to
Pakistan. Moreover, having obedience to the command of law
and the Constitution is inviolable obligation of all citizens.
Therefore, actions and inactions of the Respondents are in sheer
violation of these provisions of the Constitution.
e. That the process of finalizing the draft Operations Agreement
lacks transparency as key officials were kept in dark and the
draft agreement was finalized by the MD of the Respondent No.2
for execution.
f. Under the Draft Agreement, additional burden shall be imposed
upon the consumers of gas which is not permitted under Article
24 of the Constitution. Further, additional burden of gas shall
preclude the citizens to establish new businesses, which is a
violation of Article 18 of the Constitution.
g. Under Article 29 read with Article 39 of the Constitution, it is the
responsibility of the Respondents to conclude such a deal which
17. ensures economic well being of the citizens of Pakistan.
However, due to actions and inaction of the Respondents, huge
additional financial burden will be imposed upon the people of
Pakistan hindering ultimately their economic well being which is
against the command of the Constitution.
h. That the Respondents are exercising their authority in a
colorable manner coupled with mala-fide and ulterior motives
which is amenable to the jurisdiction of this honorable court
available under the ambit of judicial review of executive actions.
i. That the Petitioner has exhausted all forums available to him in
the Company’s hierarchy and does not have any other alternate,
efficacious or adequate remedy for his grievance except filing of
a Petition under Article 199 of the Constitution. Further, under
Article 199 of the Constitution, this honorable Court has ample
jurisdiction to issue directions to a person performing functions
in connection with the affairs of the Federation for doing
anything he is required to do under law.
j. That the Petitioner craves gracious permission of this honorable
Court for raising further grounds at the time of hearing.
Prayer:
In view of the abovementioned facts and circumstance, it is humbly
prayed that the inaction of the Respondent No.1 & 3 to supervise the
Respondent No.2 may kindly be declared illegal, and further, the
Respondent No.1 & 3 may also kindly be directed to look into the
18. matter and ensure that in the Operations Agreement a correct & fair
mechanism for allocation of gas is adopted.
Further, the Respondents may kindly be directed not to take any
coercive measures against the Petitioner for pointing out flaws in the
Operations Agreement and for filing the instant Petition.
Costs of litigation may also be awarded to the Petitioner.
Any other relief which is deemed fit and proper in circumstances of the
case may also be granted.
Petitioner
Through
Hasnain Ibrahim Kazmi
Advocate Supreme Court
Hafiz Naeem
Advocate High Court
Certificate:
As per instructions from the Petitioner, this is the first writ petition on
the subject matter and no other case is pending in the Supreme Court
of Pakistan on the same subject matter.
Counsel
KAZMIZ Advocates & Corporate Consultants
House No.14, St. No.48,