Updated: Thursday September 22, 2016/AlKhamis
Thoul Hijjah 20, 1437/Bruhaspathivara
Bhadra 31, 1938, at 09:02:20 PM
The Hydrocarbon Development Institute of
ACT No I OF 2006
An Act to provide for the establishment of the Hydrocarbon Development
WHEREAS it is expedient to provide for
the establishment of the Hydrocarbon Development Institute of Pakistan for the
purpose of undertaking, promoting and guiding scientific and technological
research and development in the field of hydrocarbons, and for matters
connected therewith or ancillary thereto;
It is hereby enacted as follows:---
CHAPTER I
PRELIMINARY
1. Short title, extent and
commencement.___
(1) This Act may be called the
Hydrocarbon Development Institute of Pakistan Act, 2006.
(2) It extends to the whole of
(3) It shall come into force at once.
2. Definitions.- In this Act, unless there is anything repugnant in
the subject or context,---
(a) “Board
of Governors” means an independent Board of Governors of the Institute;
(b) “Chairman”
means Chairman of the Board of Governors;
(c) “Director-General”
means the Director-General of the Institute;
(d) “former
Institute” means the Hydrocarbon Development Institute of Pakistan established
under the Ministry of Petroleum and Natural Resources Resolution No. DP
20(11)/82, dated the 26th July, 1984;
(e) “Institute”
means the Hydrocarbon Development Institute of Pakistan established under
section 3;
(f) “prescribed”
means prescribed by rules;
(g) “regulations”
means regulations made under this Act; and
(h) “rules”
means rules made under this Act.
CHAPTER II
CONSTITUTION OF HYDROCARBON DEVELOPMENT INSTITUTE OF
3. Establishment of the Institute.__(1) As soon as may be after the commencement of this
Act, the Federal Government shall, establish, in accordance with the provisions
of this Act, an Institute to be called the Hydrocarbon Development Institute of
Pakistan.
(2) The Institute shall be a body
corporate having perpetual succession and a common seal with power, subject to
the provisions of this Act, to acquire, hold and dispose of property,
both movable and immovable, and shall by the name specified in sub-section (I)
sue and be sued.
(3) The
headquarters of the Institute shall be at
(4)
Until the Institute is established under sub-section (1), the former Institute,
functioning immediately before the commencement of this Act shall,
notwithstanding its dissolution undet.section20, continue to function, and
while so
functioning be deemed to be the Institute established under this Act.
4.
Objectives and functions of the Institute.- The objectives and
functions of the Institute shall be,---
(a) to assist the
Government in the formulation of national policies for the development of
hydrocarbon industry according to the national needs; .
(b) to undertake basic
studies, research and development to facilitate exploration of hydrocarbons;
(c) to promote optimum
exploitation and utilization of existing hydrocarbon resources;
(d) to investigate new
energy methods and related technologies for oil and gas sector;
(e) to study and recommend
measures for controlling environmental pollution relating to hydrocarbon
operations;
(f) to carry out quality
control and standardization of hydrocarbons, as per Pakistan Standards and to
review the specifications of petroleum products and their blends;
(g) to establish and
operate a: comprehensive computer managed data base relevant to its activities,
linked to indigenous and foreign data-bases;
(h) to develop and promote
use of clean, economic and alternative fuels;
(i) to provide consultancy,
advisory and laboratory services, expertise and facilities to the public and
private sector organizations and companies;
(j) to assist educational
establishments in the preparation and conduct of courses and training
programmes in the field of hydrocarbons and to conduct such courses for
national as well as international trainees;
(k) to coordinate research
and development in the hydrocarbon sector nationally and with international
organizations;
(l) to work as a forum of
national or international professional bodies in related disciplines;
(m) to act as an
organization for checking of quality, standards and specifications of
hydrocarbons including crude petroleum, petroleum products, liquefied petroleum
gas and natural gas;
(n) to perform such
functions for the Government and the regulators in hydrocarbon sector as the
Government or the regulators may assign to it from time to time;
(o) to conduct the
functions of demonstration, training, testing, inspection, equipment approval,
data processing, technical advice, transfer of technology, refueling and
vehicle conversions for use of CNG in automobiles;
(p) to establish
laboratories, facilities and infrastructure anywhere in Pakistan, and to take
all steps and. measures which are necessary to promote, implement and undertake
assignments and tasks to fulfil its objectives and functions;
(q) to conduct research and
development and to coordinate and promote the development and commercial
application of new energy resources and technologies for substitution of oil
and gas;
(r) to establish bilateral
and, multilateral institutional arrangements with national and international
universities and other entities of interest;
(s) to carry out any other
related activity, projects or function's entrusted to the Institute by the
Federal Government, any Provincial Government or local authority on appropriate
terms and conditions including remuneration for services, etc.; and
(t) to carry out any other
activity in relation to the above objectives and functions.
5.
Board of Governors.___ (1) The general direction and supervision of the
affairs of the Institute shall vest in the Board of Governors which shall
consist of the following members, namely:---
|
(a) Federal Minister for
Petroleum and Natural Resources, Government of |
Chairman |
|
(b) Secretary, Ministry
of Petroleum and Natural Resources, Government of |
Member |
|
(c) Director-General,
Hydrocarbon Development Institute of |
Member |
|
(d) A Director-General
of the Policy Wing of the Ministry of Petroleum & Natural Resources to be
nominated by the Ministry of Petroleum & Natural Resources. |
Member |
|
(e) Financial Adviser
(Petroleum and Natural Resources), Financial Adviser's Organization, Finance
Division, Government of |
Member |
|
(f) Chief (Fuels),
Energy Wing, Planning & Development Division, Government of |
Member |
|
(g) Four eminent
scientists or technologists to be nominated by the Federal Government. |
Member |
(2) A
member, other than an ex officio member, shall hold office for a period of
three years at a time and shall hold office during the pleasure of the Federal
Government.
(3) The
Director-General shall act as the Secretary of the Board of Governors.
(4) The
Federal Government may, by notification in the official Gazette, increase or
decrease the number of members of the Board of Governors and prescribe the
qualifications and mode of appointment of such members in such manner as it may
consider appropriate.
6.
Powers and functions of the Board of Governors.- The Board of
Governors shall have the power to supervise, control, direct and regulate the
affairs of the Institute and shall have the following functions, namely:---
(a) to lay down the
policies and guidelines to be followed by the Institute in the performance of
its functions;
(b) to review the work of
the Institute and to consider its periodical reports;
(c) to approve annual
budget of the Institute;
(d) to consider and approve
the proposals, schemes and projects submitted by the Institute;
(e) to assign such special
studies, surveys, investigations and other specialized works to the Institute
as it may consider necessary;
(f) to prescribe the terms
and conditions of service of the employees of the Institute; provided that the
pecuniary impact of the terms and conditions so prescribed shall not in any
case be less beneficial than that of the civil servants of similar category and
grade;
(g) to delegate such
administrative and financial powers to the Director-General or a committee of
members of the Board of Governors as may be necessary.
7.
Meetings of the Board of Governors.___(1) The Board of Governors shall meet at least once
every half-calendar year. The Director-General shall convene its meetings with
the approval of the Chairman. In case the Chairman is unable to preside a
meeting for any reason, the Board of Governors shall hold such a meeting on the
last working day of the half calendar year to be presided by Secretary,
Ministry of Petroleum and Natural Resources or, in his absence, by any of its
members elected by the member-s present in that meeting.
(2) The
quorum of a meeting of the Board of Governors shall be one half of the total
membership. The decisions in the meeting shall be taken by a majority vote and
in case of equality of votes the Chairman shall have a casting vote in addition
to his own vote as a member.
(3) No
act or proceeding of the Board of Governors shall be invalid by reason only of
existence of a vacancy in he Board of Governors.
8.
Appointment, functions and powers of the Director-General.__ (1) The Director-General shall be a highly qualified
scientist with experience in the related fields. He shall be appointed to work
on full time basis by the Federal Government on such terms and conditions as it
may deem appropriate.
(2) The
Director-General shall be the Chief Executive Officer of the Institute and
shall, subject to such directions as the Board, of Governors may give from time
to time, exercise all such financial and administrative powers as are necessary
to direct, manage and control the affairs of the Institute in accordance with
the provisions of this Act.
(3) The
Director-General may, subject to rules and regulations made under this Act,
appoint, employ on contract o~ on part time basis or otherwise, such officers, consultants,
advisers and other staff as are considered necessary for the efficient working
of the Institute.
(4) The
Director-General may delegate any of his powers to any officer of the
Institute.
CHAPTER III
FINANCES OF THE
INSTITUTE
9.
Funds of the Institute.-The funds of the Institute shall consist of,---
(a) grants by the
Government;
(b) income from investment
and royalties;
(c) research and
development cess;
(d) contributions from
public and institutions;
(e) foreign aid and
technical assistance with the prior permission of the Federal Government;
(f) fees and charges for
the services rendered;
(g) income from sale of
movable or immovable property; anti
(h) loans obtained by the
Institute with the approval of Federal Government.
10.
Audit and accounts.-__ (1) The accounts of the Institute shall be maintained
in such form and manner as the Federal Government may, in consultation with the
Controller-General of Accounts, determine.
(2) The
Institute may open its accounts with any scheduled bank authorized by the
Federal Government.
(3) The
surplus funds, if any, shall be invested in the Government approved
schemes, securities or bonds.
(4) The
accounts of the Institute comprising funds derived from sources specified in
clauses (a) to (e), (g) and (h) of section 9 shall be audited by the
Auditor-General of Pakistan, while the accounts of the funds derived from
source specified in Clause (f) of section 9 shall be audited annually by such
chartered accountants as may be approved by the Board of Governors and the
Auditor-General of Pakistan.
CHAPTER IV
MISCELLANEOUS
11.
Directive from the Federal Government.- The Federal Government may from time to
time issue to the Institute directives and instructions as it may consider
necessary for carrying out the purposes of this Act and the Institute shall be
bound to comply with and carry out such directives and instructions.
12.
International cooperation.-The Institute may, subject to such restrictions as may
be imposed by the Federal Government, cooperate with any international organization
for furthering its objectives and for the promotion of the hydrocarbon sciences
and technologies.
13.
Discoveries and inventions.- All rights relating to discoveries and inventions'
and any improvement in materials, methods, processes, apparatus or equipment
made by any officer or employee of the institute in the course of his
employment shall vest in the Institute.
14.
Declaration of fidelity.- Every member, adviser, officer or other employee of
the Institute shall make such declaration of fidelity and secrecy as may be
prescribed.
15.
Submission of reports; etc.- The Institute shall submit to the Federal
Government at such intervals as the Federal Government may specify,---
(a) such periodical reports
and summaries as may be required by the Federal Government; and
(b) such information and
comments as may be asked for by the Federal Government on any specific point.
16.
Continuance of certain rules, etc.- All rules, regulations, by-laws, orders
and instructions of the former Institute in force immediately before the
commencement of this Act shall, mutatis mutandis and so far as they are not
inconsistent with any of the provisions of this Act, continue to be in force
until repealed or altered by rules or regulations made under this Act.
17.
Ordinance XCI of 2002 not to apply to Institute.- Nothing contained in
the Industrial Relations Ordinance, 2002 (XCI of 2002), shall apply to, or in
relation to, the Institute, or to any of the officers and employees of the
Institute.
18.
Winding up of the Institute.- No provision of law relating to the winding up of
bodies corporate shall apply to the Institute and the Institute shall not be
wound up except by order of the Federal Government and in such manner as the
Federal Government may direct.
19.
Dissolution of the former Institute and repeal, etc. (1) Upon the commencement of this Act, the former
Institute shall stand dissolved and upon such dissolution,---
(a) all assets, rights,
powers, authorities and privileges and all property, movable and immovable,
cash and bank balances, reserve funds, investments and all other interest and rights
in, or arising out of, such property, and all debts, liabilities and
obligations of whatever kind of the former Institute subsisting immediately before its dissolution, shall be
transferred to and vest in the Institute;
(b) all
contracts entered into and all matters and things engaged to be done by, with,
or for the former Institute before such dissolution shall be deemed to have
been entered into, or engaged to be done by, with, or for the Institute; and
(c) all
suits and other legal proceedings instituted by, or against, the former
Institute before such dissolution shall be deemed to be suits and proceedings
by, or against, the Institute, and shall be proceeded or otherwise dealt with
accordingly.
(2) The Government of
20. Transfer of employees of the
former Institute to the Institute.- All
employee's, officers, consultants, advisers and other staff employed in any
capacity in the former. Institute immediately before the commencement of this
Act shall stand transferred to the Institute on the same terms and conditions
of service on which they were employed immediately before such transfer and
shall be deemed to be the employees of the Institute under this Act.
21. Employees of the Institute to be
civil servants.- The employees of the
Institute shall be deemed to be civil servants for the purpose of the Service
Tribunals Act, 1973 (LXX of 1973).
22. Power to make rules.-The Federal Government may, by notification in the
official Gazette, make rules for carrying out the purposes of this Act.
23. Power to make regulations.- The Institute may, with the approval of the Board of
Governors, make such regulations, not inconsistent with the provisions of this
Act and the rules made there under, as it may consider necessary or expedient
for the administration and management of the affairs of the Institute.
24. Removal of difficulties.- If any difficulty arises in giving effect to any of
the provisions of this Act, the Federal Government may make such order, not
inconsistent with the provisions of this Act, as may appear to it to be
necessary for the purpose of removing the difficulty.
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