Updated: Tuesday May 31, 2016/AthThulatha
Sha'ban 24, 1437/Mangalavara
Jyaistha 10, 1938, at 06:41:13 PM
The National Institute of Health
Ordinance, 1980
ORDINANCE NO. XLIII OF 1980
[10th1980]
An Ordinance to provide for the
establishment of the National Institute of Health.
WHEREAS it is expedient to
provide for the establishment of the National Institute of Health and for
matters connected therewith or ancillary thereto;
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 [CMLA. Order No. I 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 tray be called the
National Institute of Health Ordinance, 1980.
(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) ”Board” means the Board of Governors of the Institute;
(b) ”Chairman” means the Chairman of the Board;
(c) ”Division” means a unit of the Institute;
(d) ”Executive Director” means the Executive Director of the
Institute;
(e) ”Institute” means the National Institute of Health
established under section 3;
(f) ”member” means member of the Board; and
(g) ”prescribed” means prescribed by rules made under this
Ordinance.
3. Establishment of the
Institute.____(1) As soon as may be after the commencement
of this Ordinance, the Federal Government shall establish, in accordance with
the provisions of this Ordinance, an Institute1 to
be called the National Institute of Health.
(2) The Institute shall be
a body corporate 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 name specified in
subsection (1) sue and be sued.
(3) The headquarters of the
Institute shall be at
1 See S.R.O. 1008(I)/80, dated
10-9-80, Gaz., of P., 1980, Extra, Pt. II, p. 1780.
CHAPTER II
GENERAL
4. Functions of the
Institute. The
functions of the Institute shall be,---
(a) to advise the Federal Government on the control of diseases
by suitable methods;
(b) to implement all the schemes and proposals approved by the
Federal Government for it;
(c) to investigate epidemics and other communicable diseases and
to conduct research on these problems using modern techniques and achieve
excellence in this behalf and to collaborate with other concerned agencies
under the Federal Government or the Provincial Governments;
(d) to develop methodology and standardise techniques for the
investigation of various diseases prevalent in the country;
(e) to dissipate these techniques to the people working in the
profession by holding training courses;
(f) to develop au
(g) to function as Type Culture Collection Centre;
(h) to develop a National Virus Reference Centre;
(i) to conduct research and training, in .community medicine and
health services development;
(j) to control environment with special reference to air, water
and food pollution;
(k) to analyse and test the quality of drugs and act as the
laboratory for the purpose of subsection (5) of section 22 of the Drugs Act,
1976 (XXXI of 1976);
(l) to function as sole producer of vaccines and sera for
prophylactic and the therapeutic use and acquire capability of meeting domestic
and foreign demands;
(m) to conduct research on traditional system of medicine and to
collaborate with the international agencies;
(n) to impart training in drug analysis;
(o) to collaborate with the World Health Organisation in quality
control of drugs;
(p) to conduct research on applied nutrition like Clinical
Nutrition and Food Analysis and undertake nutrition education programme;
(q) to advise the Federal Government in developing food
standards and pure food laws in collaboration with the international agencies
like the World Health Organisation and the Food and Agriculture Organisation;
(r) to train medical laboratory technicians and technologists;
(s) to undertake repair and maintenance of sophisticated
electro-medical equipment for other institutions on agreed terms and conditions;
(t) to function as a source of supply of small laboratory
animals for use in the research and other fields on agreed terms and conditions;
and
(u) to perform such other functions related to the matters
aforesaid as the Board may decide with the approval of the Federal Government.
(2) The Institute may, with
the approval of the Federal Government, on behalf of a Provincial Government,
perform functions relating to research and investigation on health problems on
such terms and conditions as may be agreed upon between the Institute and such
Government.
5. Board of Governors.___(1) The 1[Minister
for Health, Ministry of Health] shall be the Patron‑in‑Chief of the
Institute.
(2) The general direction
and administration of the affairs of the Institute shall vest in the Board
which shall consist of,---
(i) the Secretary of Health and Social Welfare. Chairman.
(ii) Director‑General, Health, Health Division, Member.
(iii) Financial Adviser, Health Division. Member.
(iv) Surgeon General or his nominee. Member.
(v)
nominee.
(vi) Vice‑Chancellor, Quaid‑i‑Azam University, or
his Member.
nominee.
(vii) two representatives from the public to be nominated Member.
by the Federal Government.
(viii) one representative of the
Surgeons.
(ix) Executive Director. Member/Secretary.
1 Subs. by Ord. 63 of 02, s. 2.
6. 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 Board 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.
7. Powers of the Board.___(1) The Board may,---
(a) frame policies and supervise general 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 objectives and functions of
the Institute; and
(b) frame regulations to govern the working of the Institute and
to lay down procedure for the conduct of the business of the Board and its
various committees and sub‑committees.
(2) In the discharge of its
functions, the Board 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.
8. Meetings of the
Board.___(1) The meeting of the Board shall be
called by the Chairman on such date and at such time and place as may be
specified by him:---
Provided that,---
(a) not less than one meeting shall be held in every six months;
and
(b) at least eight days notice shall be given to the members
specifying the date, time and place of the meeting.
(2) The annual reports and
the accounts of the Institute for every financial year shall be submitted at a
meeting of the Board within six months of the end of the financial year to
which the accounts relate.
(3) To constitute a quorum
at a meeting of the Board not less than five members shall be present.
(4) All the meetings of the
Board shall be presided at by the Chairman and, in the absence of the Chairman,
by any other member elected for the purpose from amongst the members present.
(5) Subject to such
instructions as the Federal Government may give from time to time regarding
various matters including matters having financial implications pertaining to
the Institute, all matters of the Institute shall be decided at a meeting of
the Board by a majority of the members present and voting, and, in the case of
equality of votes, the person presiding shall have a casting vote:---
Provided that, in an
emergency, any matter may be decided by circulation among all the members and
any proposal so circulated and approved by a majority of the members shall be
as effective and binding as if such proposal had been approved at a regular
meeting of the Board.
(6) The Board may from time
to time appoint such working groups, committees and sub‑committees from
amongst its members as it may consider necessary to assist it in the discharge
of its functions and to discharge such of its functions as it may assign to
them.
(7) No act or proceeding of
the Board shall be invalid by reason only of the existence of any vacancy in,
or defect in the constitution of, the Board.
9. Executive Director.____(1) The Federal Government shall appoint
an, Executive Director on such terms and conditions as it may decide.
(2) The Executive Director
shall be Secretary of the Board and shall perform the following functions and
duties, namely:---
(i) to keep in custody the records and seal of the Institute;
(ii) to appoint officers and other employees against posts
up to Grade 17 in the National Pay Scales;
(iii) to supervise and control the administration of the
Institute, including disciplinary action against employees up to Grade 17;
(iv) to authorise payment of monthly salaries and
allowances to the employees of the Institute;
(v) to propose budget estimates and revised budget estimates and
place the same before the Board for approval;
(vi) to allow payment of bills under any head of the
approved budget;
(vii) to issue notices of meetings of the Board and its
committees in consultation with the Chairman and to maintain proper record of
minutes and proceedings thereof;
(viii) to take steps for the implementation of the decisions
of the Board, working groups, committees and sub‑committees without
delay;
(ix) to execute deeds and documents on behalf of the
Board; and
(x) to perform any other duties which may be assigned to him by
the Board.
(3) The Executive Director
shall not allow capital expenditure on items of civil works or automobiles.
10. Funds of the
Institute. The funds of
the Institute shall consist of,---
(a) grants from the Federal Government and the Provincial Governments;
(b) donations and endowments;
(c) sale proceeds of vaccine sera, fee from Laboratory tests and
health certificates;
(d) income from investments and deposits;
(e) receipts from such sources as may be approved by the Board;
(f) aid from international agencies and foreign countries
obtained with the approval of the Federal Government; and
(g) loans from national and international agencies obtained with
the approval of the Federal Government.
11. Budget, audit and
accounts.___(1) The Institute shall, with the approval
of the Board, submit, by such date as maybe prescribed, to the Federal
Government its budget in the prescribed form showing its estimated receipts and
expenditure.
(2) The funds of the
Institute shall be kept in the personal ledger account of the Institute with
the National Bank of
(3) The accounts of the
Institute shall be maintained in such form and manner as the Auditor‑General
of Pakistan may from time to time determine in consultation with the Federal
Government.
(4) 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 Board in consultation
with the Auditor‑General of Pakistan.
12. Delegation of
powers. The Board
may, by general or special order in writing, direct that all or any its powers
under this Ordinance shall, subject to such conditions and in such
circumstances as may be specified in the order, be exercisable also by the
Executive Director or any specified member or officer of the Board.
13. Appointment of
officers, etc___(1) The Board of Governors may, subject to
the provisions of subsection (2) and such general or special instructions as
the Federal Government may give it from time to time, appoint such officers in
Grade 18 and above and engage such advisers as it considers necessary for the
efficient performance of its functions, on such terms and conditions as it may
deem fit.
(2) The Federal Government,
may direct the Board or the Executive Director to dispense with the services of
any officer, adviser or employee of the Institute.
(3) The Board shall
constitute one or more committees for the selection of persons for appointment
and promotion of officers and employees in various Grades and advisers of the
Institute.
CHAPTER III
MISCELLANEOUS
14. Employment under the
Institute to be employment under the Federal Government. Employment under the Institute
shall, for the purposes of the Pakistan Essential Services (Maintenance) Act,
1952 (LIII of 1952), be deemed to be employment under the Federal
Government and the said Act shall have effect accordingly.
15. Ordinance XXIII of
1969 not to apply to Institute. Nothing contained in the Industrial Relations Ordinance, 1969
(XXIII of 1969), shall apply to or in relation to the Institute or any of the
officers and employees of the Institute.
16. Cooperation with
international organisations. The Institute may, subject to the prior approval of the
Federal Government, cooperate with any foreign authority or international
organisation in the field of health on the terms and conditions of any
programme or agreement for co‑operation to which such authority or
organisation is a party, or pursuant to any other international agreement made
before or after the commencement of this Ordinance.
17. Submission of
periodical reports. The
Executive Director shall submit to the; Federal Government,---
(a) such periodical reports and summaries as may be required by
the Federal Government;
(b) annual reports on different research activities;
(c) such periodical returns, accounts, statements and statistics
as may be require l by the Federal Government;
(d) information and comments asked for by the Federal Government
on and specific point;
(e) copies of the documents required by the Federal Government;
and
(f) original documents required by the Federal Government for
examination or for any other purpose.
18. Directives from the
Federal Government. The
Federal Government may from time to time issue to the Board such directives and
instructions as it may consider necessary for carrying out the purposes of this
Ordinance and the Board shall be bound to comply with and carry out such
directives and instructions.
19. Discoveries and
inventions to vest in the Institute. All rights relating to discoveries and inventions and any
improvement in materials, methods, processes, apparatus or equipment made by
any officers or employee of the Institute in the course of his employment shall
vest in the Institute.
20. Continuance of
certain rules, etc. All
rules and bye‑laws of the National Health Laboratories in force
immediately before the commencement of this Ordinance shall, mutatis mutandis
and so far as they are riot inconsistent with any of the provisions of this
Ordinance, continue in force until repealed or altered by rules or regulations
made under this Ordinance.
21. Winding up of the
Institute, etc.___(1) No provision of any 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.
(2) Upon the commencement
of this Ordinance, the National Health Laboratories, Government of Pakistan,
headed by the Director, hereinafter referred to as the Laboratories, 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 interests and rights in or arising out of such
property and all debts, liabilities and obligations of whatever kind of the
Laboratories shall be transferred to and vest in the Institute;
(b) all contracts entered into and all matters and things
engaged to be done with or for the Laboratories before such dissolution shall
be deemed to have 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 Laboratories 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.
22. Transfer of existing
employees of the Laboratories to the Institute.___(1) Notwithstanding anything to the
contrary in any contract or agreement or in the conditions of service, every
person in the service of Pakistan serving in the Laboratories immediately
before the commencement of this Ordinance, including persons on deputation to
other organisations or abroad, shall stand transferred to the Institute and
become an employee of the Institute on the same terms and conditions including
remuneration, tenure of service, rights and privileges as to pension and
gratuity and other matters, as were applicable to him immediately before the
commencement of this Ordinance until his employment in the Institute is
terminated in accordance with his conditions of service or his terms and conditions
are altered by regulations made under section 24, which shall not be less
favourable than those by which he was governed immediately before his transfer
to the Institute.
(2) If the alteration in
the terms and conditions is not acceptable to an employee, the Institute may
terminate his employment by giving him compensation equivalent to three months
remuneration unless the contract of service with such employee provides for a
shorter notice of termination.
Explanation.____The
compensation payable to an employee under this subsection shall be in addition
to and not in derogation of any of his rights as to pension, gratuity,
provident fund money or other benefits to which he may be entitled under his
contract of service.
(3) No person in the
service of
(4) The Federal Government
shall pay pension charges and gratuity in respect of, and provident fund
accumulations of, each employee transferred to the Institute under subsection
(1) in such manner and to such extent as may be prescribed.
23. Power to make
rules. The Federal
Government may, by notification in the official Gazette, make rules for
carrying out the purposes of this Ordinance.
24. Power to make
regulations. The
Board 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.
25. Removal of
difficulties. If any
difficulty arises in giving effect to any of the provisions of this Ordinance,
the Federal Government may make such order, not inconsistent with the
provisions of this Ordinance, as may appear to it to be necessary for the
purpose of removing the difficulty.
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