Updated: Sunday May 29, 2016/AlAhad
Sha'ban 22, 1437/Ravivara
Jyaistha 08, 1938, at 07:26:53 PM
The National Institute of Cardiovascular
Diseases (Administration) Ordinance, 1979
ORDINANCE NO. I OF 1979
[7
An Ordinance to provide for the proper
administration of the affairs of the National Institute of Cardiovascular
Diseases, Karachi
WHEREAS it is expedient to
provide for the proper administration of the affairs of the National Institute
of Cardiovascular Diseases,
AND WHEREAS the President
is satisfied that circumstances exist which render it necessary to take
immediate action;
NOW, THEREFORE, in
pursuance of the Proclamation of the fifth day of July, 1977, read with the
Laws (Continuance in Force) Order, 1977 (C. M. L. A. Order No. 1 of 1977), and
in exercise of all powers enabling him in that behalf, the President .is
pleased to make and promulgate the following Ordinance:‑--
CHAPTER I.-PRELIMINARY
1. Short title, extent
and commencement.‑(1)
This Ordinance may be called the National Institute of Cardiovascular Diseases
(Administration) Ordinance, 1979.
(2) It extends to the whole
of
(3) It shall come into
force at once.
2. Definitions. In this Ordinance, unless there is
anything repugnant in the subject or context,‑--
(a) “Chairman” means the Chairman of the Governing Body;
(b) “Executive‑Director” means the Executive Director of
the Institute;
(c) “Governing Body” means the Governing Body of the Institute;
(d) “Institute” means the National institute of Cardiovascular
Diseases set up in 1963 and registered as such under the Societies Registration
Act, 1860 (XXI of 1860); and
(e) “Trust” means the National
3. Ordinance to override
other laws. This
Ordinance shall have effect notwithstanding anything contained in any other law
for the time being in force, or in the Trust Deed of the National Institute of
Cardiovascular Diseases Trust,
4. Vesting of powers,
etc., of the Board of Trustees of the Trust in the Governing Body. All the powers and functions of the Board
of Trustees of the Trust shall vest in, and be exercised and performed by, the
Governing Body and every member of the said Board shall cease to hold office.
5. Incorporation of the
Institute.‑(1) The
Institute shall be a body corporate, to be called the National Institute of
Cardiovascular Diseases, having perpetual succession and a common seal with
power, subject to the provisions of this Ordinance, to acquire, hold and
dispose of property, both movable and immovable, and shall by the said name sue
and be sued.
(2) The Headquarters of the
Institute shall be at
CHAPTER II
GENERAL
6. Functions of the
Institute. The functions
of the Institute shall be,---
(1) to undertake modern
treatment of cardiovascular diseases;
(2) to acquire latest
physical facilities required for carrying out necessary investigation and
treatment of cardiovascular diseases;
(3) to seek and enter into
cooperation with international and other foreign agencies with the prior approval
of the Federal Government in furtherance of the objectives of the Institute;
(4) to carry out research
in Cardiovascular Diseases for prevention and control of cardiovascular
diseases as well as for its treatment;
(5) to undertake training
of medical students and nurses, both undergraduate and post‑graduate, in
cardiovascular diseases; and
(6) to develop itself into
a Centre of super excellence for the treatment of cardiovascular diseases.
7. Governing Body. The general direction and administration
of the affairs of the Institute shall vest in the Governing Body which shall
consist of,---
|
1. |
Minister
for Health, Social Welfare and Population……... |
Chairman. |
|
2. |
Secretary,
Ministry of Health, Social Welfare and Population…………………………………………………. |
Vice‑Chairman |
|
3. |
Director
General, Health, Ministry of Health and Population………………………………………………… |
Member. |
|
4. |
Executive
Director, to be appointed by the Federal Government………………………………………………... |
Member/Secretary. |
|
5. |
A
nominee of the Pakistan Federation of Chambers of Commerce and Industry.
………………………………….. |
Member. |
|
6. |
Two
persons to be nominated by the Federal Government, of whom one shall be a
person possessing medical qualifications………………………………………………. |
Member. |
|
7. |
A
nominee of the Auditor‑General of |
Member. |
|
8. |
The
elected Mayor of the Karachi Metropolitan Corporation or, if there is no
elected Mayor, a social worker of |
Member. |
|
9. |
A
social worker of Sind, excluding |
Member. |
8. Powers of the
Governing Body.‑(1)
The Governing Body may,---
(a) frame bye‑laws to govern the working of the Institute
and issue instructions to any committee or sub‑committee of the
Institute; and
(b) generally supervise the administration and management of the
affairs of the Institute and do all such acts and take all such steps as are;
necessary for the promotion and fulfilment of the objects and purpose of the
Institute.
(2) In the discharge of its
functions, the Governing Body shall be guided on questions of policy by the
instructions, if any, given to it from time to time by the Federal Government
which shall be the sole judge as to whether a question is a question of
policy, and the Governing Body shall be bound to carry out such directions.
9. Term of office of
members.‑(1) Unless
earlier removed by the Federal Government, the term of members, other than ex-officio members,
shall be three years.
(2) A member, other than an ex-officio member,
may resign his office by writing under his hand addressed to the Federal
Government.
(3) When a person is
appointed to be a member of the Governing Body by virtue of his holding an
office or appointment, he shall cease to be such member when he ceases to hold
that office or appointment.
10. Executive Director.‑(1) The Executive Director shall be
the Secretary and Chief Executive Officer of the Institute and shall have the
following functions and duties, namely:‑--
(i) to keep in custody the records and seal of the Institute;
(ii) to appoint officers and staff upto Grade‑17 and
superintend and control the administration of the Institute;
(iii) to authorise payments of monthly salaries and
allowances to the employees of the Institute;
(iv) to propose budget estimates and supplementary budget
estimates and place the same before the Governing Body for approval;
(v) to pass payment of bills under any heads of the budget duly
approved and authorised;
(vi) to issue notices of meetings of the Governing Body
and its committees in consultation with the Chairman and to maintain proper
record of minutes and proceedings thereof;
(vii) to take steps for the implementation of decisions of
the Governing Body, committees and sub‑committees;
(viii) to prepare and present the annual budget;
(ix) to carry on all the correspondence of the Institute;
(x) to execute deeds and documents on behalf of the Governing
Body; and
(xi) to perform any other duties which may be assigned to
him by the Governing Body.
(2) The Executive Director
shall be the ex-officio member of a committee or
sub‑committee set up by the Governing Body.
(3) The Executive Director
shall not, except with the previous approval of the Governing Body in each case
or unless already approved in the Budget duly itemised, allow expenditure on
items of civil works, or capital expenditure on equipment or automobiles.
11. Meetings of the
Governing Body.‑(1)
The meetings of the Governing Body shall be convened by the Chairman on such
date and at such time and place as may be specified by him:--
Provided that,---
(i) not less than four meetings shall be held every year;
(ii) not less than eight day's notice shall be given to
the members specifying the date, time and place of the meeting.
(2) The Governing Body may
regulate by regulations the procedure for its meetings.
(3) No act or proceeding of
the Governing Body shall be invalid merely on the ground of the existence of a
vacancy in, or defect in the constitution of, the Governing Body.
12. Setting up of
working groups and Committees. The Governing Body may from time to time appoint such working
groups or committees from amongst its members as it may consider necessary to
assist it in the performance of its functions and to discharge such of its
functions as it may assign to them.
13. Funds. The funds of the Institute shall
consist of,---
(a) grants made by the Federal Government;
(b) donations and endowments;
(c) income from investments and deposits;
(d) foreign aid and loans obtained with the approval of the
Federal Government; and
(e) Trust Fund of the Institute.
14. Audit and accounts.‑(1) The Executive Director shall
prepare the annual budget of the Institute for the ensuing financial year and
submit it for approval to the Governing Body.
(2) The funds of the
Institute, other than the Trust Fund, shall be kept in the personal ledger
account of the Institute with the National Bank of
(3) The Trust Fund shall be
invested in Government and other approved securities and the income accruing
therefrom shall be used for the purposes of the Institute.
(4) The accounts of the
Institute shall be maintained in such form and manner as the Auditor‑General
of Pakistan may determine in consultation with the Federal Government.
(5) The accounts of the
Institute shall be audited by one or more auditors who are chartered
accountants within the meaning of the Chartered Accountants Ordinance, 1961 (X of 1961), and are appointed by the Institute in
consultation with the Auditor‑General of Pakistan.
15. Appointments of
officers, etc. The
Governing Body may appoint, subject to such general or special orders as the
Federal Government may give from time to time, such officers in Grade 18 and
above, and engage such consultants or expects, as it may consider necessary for
the efficient performance of the functions of the Institute, on such terms and
conditions as it may deem fit.
16. International
cooperation. The
Institute may, with the approval of the Federal Government, cooperative with
any foreign agency or International Organization for the further development of
its technical capabilities and research activities, pursuant to an
international agreement or arrangement made before or after the establishment
of the Institute.
CHAPTER III‑MISCELLANEOUS
17. Industrial Relations
Ordinance, 1969, not to apply. The provisions of the Industrial Relations Ordinance, 1969 (XXIII
of 1969), shall not apply to or in relation to the Institute or any of the
officers or employees of the Institute.
18. Terms and conditions
of service, etc., of Government servants working in the Institute.‑(1) All persons in the service of
Pakistan and serving in connection with the affairs of the Institute in any
capacity immediately before the commencement of this Ordinance shall stand
transferred for service under the Institute:---
Provided that such persons
shall,---
(i) continue to be Government servants;
(ii) be deemed to be on deputation to the Institute;
(iii) be entitled to receive from the Institute for the
period of their service under the Institute, pay and allowances which shall not
be less than those to which they were entitled immediately before their
transfer to the Institute;
(iv) be governed by such regulations as the Institute may,
with the approval of the Federal Government, make, provided that such
regulations shall not be less favourable than the rules which would have been
applicable to them if their services had not been transferred to the Institute.
(2) The Institute shall, in
respect of the persons whose services have been transferred to it under
sub-section (1),‑--
(i) exercise all such administrative and financial powers as
were exerciseable by the Federal Government or any authority subordinate to
that Government; and
(ii) initiate disciplinary proceedings against any such
person and refer the case of such person to the Federal Government for further
action.
(3) The persons whose
services have been transferred to the Institute under sub-section (1) shall be
entitled to receive from the Federal Government for the whole of their service,
including the service under the Institute, pension, gratuity and the amount of
commutation of pension in accordance with the rules which would have been
applicable to them had they not been transferred for service under the
Institute:---
Provided that the Institute
shall pay to the Federal Government in respect of each such person a sum equal
to the sum which bears the same proportion to the total sum paid to such person
as the total period of service of such person bears to the period of service
rendered by him in the Institute.
(4) The pension, gratuity
and the amount of commutation of pension shall be sanctioned by such officer of
the Institute as the Federal Government may authorise in this behalf:---
Provided that, if such
pension is required to be reduced, such officer shall, before sanctioning such
pension, obtain formal orders of the Federal Government.
(5) The General Provident
Fund accumulations of persons whose services have been transferred to the
Institute under sub-section (1) shall remain with the Federal Government, and
they shall continue to contribute towards their Provident Fund account:---
Provided that temporary
advances from such Fund may be sanctioned by the Institute in accordance with
the rules applicable to them.
19. Terms and conditions
of service of the employees of the Institute.-(1) The officers and stall’ employed in the Institute before the
commencement of this Ordinance shall be entitled to the same terms and
conditions to which they were entitled immediately before such commencement and
such terms and conditions shall not be varied to their disadvantage.
(2) The officers and staff
employed by the Institute after the commencement of this Ordinance shall be
entitled to the same pay, allowances and other terms and conditions of service
to which the officers and staff of the Federal Government of the corresponding
grade may be entitled from time to time.
20. Medical practice by
officers. Private
practice by officers of the Institute, who are qualified to practise medicine
or surgery, shall be governed by regulations made under this Ordinance.
21. Power to make rules. The Federal Government may, by
notification in the official Gazette, make rules for carrying out the purposes
of this Ordinance.
22. Power to make
regulations.-(1) The
Governing Body may, with the previous approval of the Federal Government by
notification in the official Gazette, make such regulations not inconsistent
with the provisions of this Ordinance and the rules made thereunder as it may
consider necessary or expedient for the administration and management of the
affairs of the Institute.
(2) In particular and
without prejudice to the generality of the fore-going power, such regulations
may provide for,---
(a) the uniform pay scales of all categories of employees of the
Institute; and
(b) private practice by officers of the Institute who are
qualified to practise medicine or surgery.
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