Updated: Sunday June 05, 2016/AlAhad
Sha'ban 29, 1437/Ravivara
Jyaistha 15, 1938, at 03:52:15 AM
The
ORDINANCE No. XXXVIII OF 1981
[29]
An Ordinance to provide for constituting
and re-organizing the
WHEREAS it is expedient to
provide for constituting and re-organising the Pakistan Agricultural Research
Council 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
Provisional Constitution Order, 1981 (C.M.L.A. Order No. 1 of 1981), 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
Pakistan Agricultural Research Council Ordinance, 1981.
(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) ”agriculture” means crops, livestock including poultry,
fisheries, forestry, range management, soil science, socio-economic
institutional and engineering aspects connected therewith and such other
activities and subjects as the Federal Government may, by notification in the
official Gazette, declare to b e agriculture within the meaning of this clause;
(b) ”Board” means the Board of Governors of the Council;
(c) ”Chairman” means the Chairman of the Council;
(d) ”Council” means the Pakistan Agricultural Research Council
established under section 3;
(e) ”Executive Committee” means the Executive
Committee of the Board.
(f) ”Prescribed” means prescribed by rules or regulations;
(g) ”President” means the President of
the Board;
(h) ”research establishment” includes agricultural experiment
stations, field stations, institutes, centers, sub-centers, laboratories and
other units of the Council howsoever designated;
(i) ”regulations” means regulations made under this Ordinance;
and
(j) ”rules” means rules made under this Ordinance.
CHAPTER II
ESTABLISHMENT OF THE COUNCIL
3. Establishment of the
Council.___ (1) There shall be established a
Council to be called the Pakistan Agricultural Research Council.
(2) The Council shall be a
body corporate having perpetual succession and a common seal with powers,
subject to the provision of this Ordinance, to acquire, hold and dispose of
property, both movable and immovable, and shall by the said name sue and be
sued.
(3) Unless the Federal
Government, by notification in the official Gazette, otherwise directs, the
headquarters of the Council shall be at
(4) The Council may from
time to time establish regional offices, local offices, sub-offices and
research establishments at such places as it may deem fit.
CHAPTER III
FUNCTIONS AND POWERS OF THE COUNCIL
4. Functions and Powers
of the Council. The
functions of the Council shall be,---
(a) to undertake, aid, promote and coordinate
agricultural research;
(b) to arrange the expeditious utilization of the research
results;
(c) to establish research establishments
mainly to fill in the gaps in existing programme of agricultural research;
(d) to arrange the training of high-level scientific manpower
in agricultural sciences;
(e) to generate, acquire and disseminate information relating
to agricultural;
(f) to establish and maintain a reference and
research library; and
(g) to perform any other functions related to the matters
aforesaid.
5.
Directions from the Government. In discharging its functions, the Council shall be bound by
such directives and orders, if any, as may be given to it on any questions of
policy by the Federal Government which shall be the sole judge as to whether a
question is a question of policy.
CHAPTER IV
MANAGEMENT
6. Board of Governors.___ (1) The overall control, direction
and superintendence of the affairs of the Council shall vest in a Board of
Governors consisting of the following members, namely:---
(i) the President;
(ii) the Chairman;
(iii) not more than five whole-time members; and
(iv) such other members as the Federal
Government may appoint on the recommendations of the Chairman from time to
time.
(2) The appointment of the
Chairman and other members shall be made by notification in the official
Gazette.
7. President. The Federal Minister incharge of the
Ministry dealing with Agriculture shall be the President of the Board.
8. Executive Committee.___ (1)
There shall be an Executive Committee consisting of the Chairman and the
whole-time members of the Board.
(2)
Subject to the provisions of this Ordinance and the rules and regulations and
the general or special directions of the Board, the Executive Committee shall
be the principal administrative body of the Council responsible for executing
all policies and discharging all functions of the Council under this Ordinance.
(3) Notwithstanding
anything contained in sub-section (2), the Executive Committee shall,---
(i) undertake regular review of the evaluation of the accomplishments
and progress of the research projects and the programmes of the research organizations;
and
(ii) exercise control over the research activities of the
Council.
9. Chairman.___ (1)
The Chairman shall be the chief executive of the Council.
(2) The President of
(3) The Chairman shall hold
office during the pleasure of the President of Pakistan.
(4) The Chairman shall have
such powers and perform such functions as are assigned to him by or under this
Ordinance.
(5) The Chairman may, from
time to time, for the purpose of ensuring efficient functioning of the Council
and facilitating its day to day functions, delegate to members, officers and employees
of the Council such of his functions, powers or duties as may be considered
necessary by him.
10. Whole-time members. The whole-time members shall be
appointed by the President of Pakistan for a period of three years and shall
perform such functions and exercise such powers as are assigned to them by or
under this Ordinance and shall be eligible for re-appointment.
11. Term of office of
non-official members.___ (1)
The members of the Board who are not officials of the Federal Government,
hereinafter referred to as non-official members, shall, unless otherwise
directed by the Federal Government, hold office for a term of three year and
shall be eligible for re-appointment.
(2) A non-official member
may, by writing under his hand addressed to the Federal Government, resign his
office.
(3) A casual vacancy in the
office of a non-official member shall be filled by the appointment of another
member for the residue of the term of his predecessor.
12.
Meetings.___ (1) The meetings of the Board shall
be held at least twice a year and shall be presided over by the President or,
in his absence, by a member nominated by him for the purpose.
(2) Subject to the
provisions of sub-section (1), the meetings of the Board and of the Executive
Committee or of other committees shall be held at such times and at such places
and in such manner as may be prescribed by regulations:---
Provided that, until
regulations are made in this behalf, such meetings shall be convened by the
Chairman.
(3) Unless otherwise
prescribed, one-third of the total members in the case of the Board and
one-half of the total members in the case of the Executive Committee shall form
a quorum at any meeting of the Board or the Executive Committee, as the case
may be:---
Provided that no quorum
shall be necessary for an adjourned meeting.
13. Delegation of Powers
by the Board. The Board
may from time to time delegate to the Executive Committee such of its functions
and powers as it may consider necessary:
Provided that the executive
committee may in an emergency which in its opinion requires immediate action
take such action as it considers necessary and shall report it for approval to
the board in the meeting.
14. Validity of
Proceedings. No act,
proceeding, decision or order of the Council, Board or Executive Committee
shall be invalid by reason only of the existence of a vacancy in, or any defect
in the constitution of the Council, Board or Executive Committee.
CHAPTER V
ESTABLISHMENT
15. Appointment of
officers, etc.___ (1) The Council may appoint such
officers and staff as it may consider necessary for the efficient performance
of et its functions on such terms and conditions as may be prescribed.
(2) The Council may engage
on contract experts and consultants for a period not exceeding two years at a
time on such terms and conditions as it may determine and subject to such
directions as the Board may from time to time give in this behalf.
(3)
Notwithstanding anything contained in any contract or agreement or in the
conditions of service, every person serving in or under the Agricultural
Research Council constituted under the Agricultural Produce Cess Act, 1940 (XXVII of 1940) immediately before the commencement of this
Ordinance, including persons on deputation to other organizations or abroad,
shall stand transferred to the Council and become an employee, of the Council
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 Council is terminated in accordance with his conditions
of service or his terms and conditions are altered by regulations, which shall
not be less favourable than those by which he was governed immediately before
his transfer to the Council.
16. Transfer of existing
civil servants to the Council.___ (1) Notwithstanding anything,
contained in any law, contract or agreement or in the conditions of service,
every civil servant employed in the Attached Department portion of
Directorate-General of the Pakistan Agricultural research Council and serving
in or under this council immediately before the commencement of this Ordinance,
including persons on deputation to other organizations or abroad, shall, save
as hereinafter provide, cease to be a civil servant and stand transferred to, and
become an employee of, the Council 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 Council is
terminated in accordance with his conditions of service or his terms
and-conditions are altered by regulations, which shall not be less favourable
than those by which he was governed immediately before his transfer to the
Council.
(2) Any person referred to
in sub-section (1) who is on deputation with the Attached Department portion of
the Directorate-General of the .Pakistan Agricultural Research Council shall
continue in the employment of the Council on deputation in accordance with the
terms of his deputation.
(3) Any person referred to
in sub-section (1) may, within three months from the commencement of this
Ordinance, opt not to be transferred to the service of the Council and the
option so exercised shall be final.
(4) An employee who opts
under sub-section (3) not to be transferred to the service of the Council may,
as far as possible, be provided a suitable posting elsewhere by the Federal
Government.
(5) If an employee does not
accept the appointment offered to him under sub-section (4), within the time
allowed to him, or if it is not possible for the Federal Government to provide
a suitable posting to him under that sub-section, his service shall stand
terminated on the date an which he declines the offer or the time allowed to
him expires or, as the case may be, on which the Federal Government informs him
that it is not possible to provide a suitable posting to him, and he shall be
entitled to be paid by the Federal Government compensation equivalent to three
months’ remuneration.
Explanation.___The
compensation payable to an employee under this sub-section shall be in addition
to and not in derogation of his rights as to pension, gratuity, provident fund
money or other benefits to which he may be entitled under his conditions of
service.
(6) The termination of
service of an employee under sub-section (5) shall be deemed to be discharge
from service owing to abolition of a permanent post for the purpose of
admissibility of compensation pension.
(7) The Federal Government
shall pay pension charges and gratuity in respect of, and provident fund
accumulations of, each employee transferred to the Council under sub-section
(1), in such manner and to such extent as may be prescribed by rules.
(8) No person referred to
in sub-section (1) who stands transferred to the Council shall, notwithstanding
anything contained in any law for the time being in force, be entitled to any
compensation because of his transfer.
CHAPTER VI
FINANCE
17. Grants, etc.___ The Federal Government may, from
time to time, place annual grants at the disposal of the Council for the smooth
discharge of its functions and the efficient conduct of its affairs.
18. Funds.___ (1)
There shall he constituted for the Council a fund to which shall be credited
all the sums received by the Council and out of which shall be defrayed all the
expenditure incurred by the Council.
(2) The funds of the
Council shall consist of,---
(a) grants made by the Federal Government and
the Provincial Governments;
(b) grants, donations, endowments, contributions, aid and
assistance given by other organisations;
(c) foreign aid and loans obtained or raised with the approval
of the Federal Government; and
(d) receipts from other sources.
19. Budget and accounts.___ (1) The Council shall, in respect of
each financial year, submit for the approval of the Federal Government, by such
date and in such form as may be prescribed by rules, a statement showing the
estimated receipts and expenditure and the sums which are likely to be required
from the Federal Government during the financial year.
(2) The
Council may open accounts in any scheduled bank in
(3) The accounts of the
Council shall be maintained in such form and manner as the Federal Government
may determine in consultation with the Auditor-General of
(4) The accounts of the
Council shall be audit 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 Federal Government in
consultation with the Auditor-General of Pakistan on such remuneration, to be
paid by the Council, as the Federal Government may fix.
20. Exemption from
Taxes. Notwithstanding
anything contained in the Business Profits Tax Act, 1947(XXI of 1947), the
Gift-tax Act, (XIV of 1963) 1963 the Wealth-tax Act, (XV of 1963) 1963, the
Income Tax Ordinance, 1979(XXXI of 1979) or any other law for the time being in force
relating to income-tax, Xv super-tax, wealth-tax, gift-tax, capital gains tax
or business profits tax, the Council shall not be liable to pay any such tax on
its income, capital, profits, wealth, gifts or gains.
21. Investment of Funds. Subject to such instructions as the
Federal Government may, from time to time, issue, the Council may invest its
funds, in any security of the Federal Government or a Provincial Government or
in any of the securities enumerated in section 20 of the Trusts Act, 1882.
22. Borrowing Power. The Council may, with the previous
sanction of the Federal Government, and on such terms and conditions as may be
approved by the Federal Government, borrow in
23. Financial Assistance
to Council. The Council
may, with the approval of the Federal Government, accept financial or any other
assistance and grants of any kind in furtherance of its objects and in order to
discharge its functions.
24. Annual Report. The Council shall furnish to the
Federal Government, as soon as possible after the end of each financial year,
but not later than the last day of December next following, a report on the
conduct of its affairs for that year, and shall publish the same alongwith a
Summary of the accounts for that year.
CHAPTER VII
GENERAL AND MISCELLANEOUS PROVISIONS
25. Power to make Rules.___ (1) The Federal Government may, by
notification in the official Gazette, make rules for carrying out the purposes
of this Ordinance.
(2) In particular and
without prejudice to the generality of the foregoing provision, such rules may
provide for,---
(i) the functions and powers of the
Chairman;
(ii) the appointment and terms and conditions of service
of the whole-time members of the Council, including disciplinary matters; and
(iii) the conditions under which the Council may
enter into arrangements with other institutions and individual organisations,
whether public, private or autonomous bodies.
26. Power to make
regulations.___ (1) The Council may, with the
previous sanction of the Federal Government, by notification in the official
Gazette, make regulations not inconsistent with this Ordinance and the rules
providing for all matters for which provision is necessary or expedient for the
purpose of giving effect to the provisions of this Ordinance and the efficient
conduct of the affairs of the Council.
(2) In particular and
without prejudice to the generality of the foregoing provision, the regulations
may provide for,---
(i) the appointment of the officers and employees of the Council;
(ii) the terms and conditions of service of the officers
and employees of the Council including pension and disciplinary matters;
(iii) the conduct of business at the meetings of the Board
and the Executive Committee;
(iv) the duties, functions and conduct of the officers and
employees of the Council;
(v) preparation of annual estimates of income and expenditure
and supplementary estimates;
(vi) the forms of returns and statements for
various purposes;
(vii) the constitution of benevolent fund, group insurance,
gratuity, provident fund and welfare fund for the Council employees;
(viii) the manner in which payments are to be made by or on
behalf of the Council and the officers by whom orders for making deposits or
investments or for withdrawals or any other disposal of the income or funds of
the Council shall be authenticated, made or signed; and
(ix) the custody and use of common seal of the
Council.
27. Officer, staff, etc.
deemed to be public servant. Every official member of the Council or Board and every
officer and employee of the Council shall be deemed to be a public servant
within the meaning of section 21 of the Pakistan Penal Code(XLV of 1860).
28.
Ordinance XXIII of 1969 not to apply to Council. Nothing contained in the Industrial
Relations Ordinance (XXIII of 1969) 1969, shall apply to or in relation to the
Council or its establishments or any of the officers or employees of the
Council.
29. Indemnity of the
Council, etc.___ (1) No suit, prosecution or other legal
proceedings and shall lie against the Council or any member or any other
officer or staff of the Council for anything in good faith done or intended
etc. or purported to be done under this Ordinance or rule, regulation or order
made thereunder.
(2) The Council shall not
be responsible for any misfeasance, malfeasance or non-feasance of any officer
or employee, fear the time being of the Council.
30. Notice of suit
Against Council.___ (1) 1[A
suit may] be instituted against the Council or any member or any person
associated with the Council or against any officer or employee of the Council
or against any person, acting under the direction or authority of the Council,
the Chairman or of any officer or employee of the Council in respect of any act
purporting to be done under this Ordinance or the rules or regulations 2[after]
the expiration of 3[two
months] from the delivery of a written notice at the head office of the Council
or the place of abode of such member, officer, employee or person stating the
cause of action, the name and address of the intending plaintiff and the nature
of the relief sought.
(2) In every such suit the
plaint shall contain a statement that such notice has been so delivered.
4[(2A) Where any such suit is instituted
without delivering or leaving such notice as aforesaid or before the expiration
of the said period of two months, or where the plaint dies not contain a
statement that such notice has been so delivered, or left, the plaintiff shall
not be entitled to any costs if settlement as regards the subject-matter of the
suit is reached or the Council or the member, officer, employee- or person
concedes, the plaintiff's claim, within the period of two months from the date
of the institution of the suit:
Provided that, in a suit
instituted without such notice, the Court shall allow not less than three
months to the Council to submit its written statement.]
(3) Notwithstanding
anything contained; in the Limitation Act, 1908(IX of 1908), no such suit as is described in sub-section
(1) shall, unless it is a suit for the recovery of immovable property or for a
declaration of title thereto, commence, otherwise than within six months next
after the accruals of the cause of action.
1Subs. by
2Subs. ibid., for “Until”.
3Subs. ibid., for “one month”.
4Ins. ibid.
31. Certain claims for
compensation to be barred. No
person shall have any right, whether in contract, tort or, otherwise, to any
compensation, for any loss incurred by reason of the operation of any of the
provisions of this Ordinance or by reason of the compliance by any other
organisation with any policy guidelines or directions given to it under this
Ordinance or under any rules or regulations.
32. Winding-up. No provision of law relating to the
winding up of bodies corporate shall apply to the Council and the Council shall
not be wound up except by the orders of the Federal Government in such manner
as the Federal Government may direct.
33. Savings. Upon the commencement of this
Ordinance,---
(a) all funds, properties, rights and interests of whatsoever
kind issued, used, enjoyed, possessed, owned or vested in the Agricultural
Research Council in existence im mediately before such commencement and all
liabilities legally subsisting against the said Council shall pass to the
Council as established under this Ordinance;
(b) everything done, action taken, obligations
or liabilities incurred, rights and assets acquired, persons appointed or authorised,
jurisdiction or powers conferred, endowments, bequests, funds or trusts
created, donations or grants made, orders issued under any of the provisions of
the Acts rules or regulations, applicable to the said Council, shall remain in
force and be continued and, having regard to the various matters which by this
Ordinance have to be regulated or prescribed by rules or regulations, be deemed
to have been respectively done, taken, incurred, acquired, appointed,
authorised, conferred, created, made, or issued under this Ordinance end
reference in any document to any of the provisions of the said Acts or the
rules or regulations made thereunder shall, so far as may be, be deemed to be
reference to the, corresponding provisions of this Ordinance or the rules or
regulations made or deemed to have been made thereunder; and
(c) any rules or regulations made under the said Acts shall, in
so far as they are not inconsistent with the provisions of this Ordinance or
the rules and regulation made under this Ordinance having regard to the
various matters which this Ordinance have to be regulated or prescribed by
rules or regulations respectively shall continue to be in force, until they are
repealed, replaced, rescinded or modified in accordance with the provisions of
this Ordinance.
34. Removal of
difficulties. If any
difficulty arises in giving effect to any provisions of this, Ordinance, the
Federal Government may make such order, not inconsistent with the express
provisions of this Ordinance, as may appear to it to be necessary or expedient
for the purpose of removing the difficulty.
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