Updated: Monday September 26, 2016/AlEthnien
Thoul Hijjah 24, 1437/Somavara
Asvina 04, 1938, at 04:51:12 AM
The
Act No. I or 2007
An Act to provide for establishment of
the Pakistan Council of Research in Water Resources
WHEREAS it is expedient to provide for
establishment of the Pakistan Council of Research in Water. Resources to
conduct, coordinate and promote research-in water resources and for matters
connected therewith or ancillary thereto;
It is hereby enacted as follows:---
CHAPTER 1
PRELIMINARY
1. Short title, extent and
commencement.__
(1 ) This Act may be called the Pakistan Council of Research in Water Resources
Act, 2007.
(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”
means the Board of Governors of the Council:
(b) “Chairman”
means the Chairman of the Council;
(c) “Council”
means the Pakistan Council of Research in Water Resources;
(d) “Executive
Committee” means the Executive Committee of the Council;
(e) “Member”
means a member of the Board;
(f) “prescribed”
means prescribed by rules;
(g) “President”
means the President of the Board;
(h) “regulations”
means regulations made under this Act;
(i) “rules”
means rules made under this Act;
(j) “Secretary”
means Secretary, of the Council;
(k) “Technical Advisory Committee” means the Technical
Advisory Committee of the Council; and
(l) “water resources”
means various fields of hydraulics and hydrology,: namely; water supply,
irrigation, drainage and reclamation, Flood control, inland navigation and
related problems prevalent in
3.
Establishment of the Council.— (1) As soon as may be after the
commencement of this Act, the Pakistan Council of Research in Water Resources
shall be * established by the Federal Government in accordance with the
provisions of the Act:
(2) The
Council shall be a body corporate by the name of the Pakistan Council of
Research in Water Resources having perpetual succession and a common seal, with
powers, subject to the provisions of this Act, to acquire and hold property and
shall by the said name sue and be sued.
(3) The
headquarter of the Council shall be at
(4)
Until the Council is established under this Act, .notwithstanding its
dissolution by section 25, it shall continue to function and while so
functioning be deemed to be the Council established under this Act.
CHAPTER II
FUNCTIONS OF THE
4.
Functions of .the
(a) conduct, organize,
coordinate and promote research on all aspects of Water resources including
irrigation, drainage, reclamation, navigation, drinking water; industrial
water, and sewerage management and to set up national research centers wherever
necessary;
(b) design, develop and
evaluate water conservation technologies for irrigation, drinking and
industrial water;
(c) initiate national
water quality monitoring programme including urban and rural areas of
(d) conduct and coordinate
research on desertification, drought and flood mitigation;
*for establishment of
(e) develop and. maintain
national water resources database for use by the planning, implementing
agencies and public; (0 advise the government and submit policy recommendations
regarding water quality, development,- Management, conservation and utilization
of water resources;
(g) publish scientific
papers, reports and periodicals, as, well as to arrange• seminars, workshops
and conferences. on water related 'issues;
(h) establish liaison with
other related national and international research • and development
organizations, universities and non government organizations;
(i) undertake contractual
research, provide consultancy services and collaborate with other organizations
in the public and private sector;
(j) provide financial and
technical support to universities and research institutions for collaborative
research projects and fellowships;
(k) design and develop
water related technologies and items of utility for various users according to
market demand and undertake design 'and development projects on contract;
(l) undertake human
resources development through training in *ills related to the specialized
functions of the Council; and
(m) commercialize its
research and development results from sale of products, patents and services as
well as collaboration with other organizations.
5.
Management — The management of the Council shall consist of,---
(a) Board of Governors;
(b) Chairman; and
(c) Executive Committee.
6.
Board of Governors.—The overall control, direction and superintendence of
the affairs of the Council shall vest in a Board of Governors which may'
exercise all powers, perform all functions and ‘do all acts and things which
may be exercised, performed or done by the Council.
7.
Composition of the Board of Governors.— (1) The Board of Governors shall consist
of following, namely:---
(a) Minister for Science
and Technology President President
(b) Secretary, Scientific
and Technological Research Division Vice-President
(c) Representative from
Ministry Finance, not below the rank of Joint Secretary Member
(d) Representative from
Ministry of Science Member and Technology not below the rank of Joint Secretary
(e) Chief Engineering
Advisor, Ministry of Member Water and Power
(f) Four representatives
to he nominated Member by Provincial Governments from the Water Sector
(g) Four Representatives
of the Farmers, one Member each to be nominated by the respective Provincial
Governments
(h) Representative of
Water Industry to be Member Nominated by Federation of Pakistan Chamber of
Commerce and Industries
(i) Chairman of the
Council Membr
(j) One Member each from
the National Member Assembly and Senate to be nominated by the Speaker and
Chairman Senate respectively.
(2) The
Chairman of the Council shall act as Secretary of the Board.
8.
Functions and powers of the Board.__ In particular and without prejudice to the generality
of the powers to conferred by section 6, the Board shall,---
(a) approve overall plans,
policies and programmes of the Council;
(b) review and approve
annual and long-term business plans of the Council;
(c) review and approve
research projects proposed by the Technical Advisory Committee;
(d) approve the annual
development and non-development budget of the Council;
(e) create posts of such
officers and servants and engage such consultants or experts, as it may
consider necessary for the efficient performance of the functions of the
Council, on such terms and conditions as it may deem fit;
(f) recommend to the
Government to terminate the contract of the Chairman before the expiry of his
tenure in case of unsatisfactory performance; and
(g) make regulations in
the light of rules for carrying out activities considered necessary for
achieving efficient functioning of the Council under this Act.
9.
Term of office of members.—(1) Save as hereinafter provided, a member, other
than an ex officio member, shall hold office for a period of three years from
the date of his nomination.
(2) A
person who becomes, or is nominated to be, a member by virtue of his holding an
office or appointment shall cease to be a member when he ceases to hold that
office or appointment.
(3) A
member, other than an ex officio member, may at any time resign his office by
writing under his hand addressed to the Government but shall continue to
perform his functions until his resignation has been accepted.
(4) A
vacancy caused by resignation or any other reason shall be filled by the
nomination of a person qualified to fill such vacancy.
(5) No
act or proceeding of the Board shall be invalid on the ground only of
the-existence of a vacancy in the Board.
(6) The
Federal Government may increase or decrease the dumber of members of the Board
of Governors and prescribe the qualifications and mode Of appointment of such
members in such manner as it may prescribe.
10.
Meetings of the Board.—(1) Save as hereinafter provided, the Board shall
regulate the procedure for its meetings.
(2)
Meetings of the Board shall be called by its President on such date and at such
time and place as he may deem fit:---
Provided
that not less than two meetings shall be held in a year.
(3)
Eight members shall constitute the quorum for a meeting of the Board.
(4) Each
meeting of the Board shall be presided over by the President and, in his
absence, by the Vice-President of the Board.
11.
Chairman of the Council.—The Chairman shall be an eminent scientist or
engineer having at least 15 years experience in the relevant field and shall be
appointed by the Federal Government on the recommendation of Board of Governors
for a term of three years on such terms and conditions as may be determined.
The Government, on the recommendation of Board of Governors, may extend the
tenure of the Chairman for another termor terms as it may deem fit, or convert
it into permanent appointment.
12.
Powers and functions of the Chairman.—The Chairman, who shall be the chief
executive of the Council, shall work under the general policy guideline of the
Board and have such powers, functions and duties as may be conferred on, or
vested in, him by or under his Act. The Chairman:---
(a) may, from time to
time, or the purpose of ensuring efficient functioning of the Council and to
facilitate its day to day functions, delegate to the Secretary or other
officers Of the Council, such of his functions, powers or ditties as he may
consider necessary;
(b) shall in consultation
with the Technical Advisory Committee formulate business and research plans and
submit to the Board for approval;
(c) shall ensure the
protection of all assets of the Council including intellectual property assets;
(d) shall promote
commercialization of research and development work of the Council linking it
with the market demand;
(e) arrange for animal
performance evaluation of the Council;
(f) prepare the annual
report of the Council for submission to the Federal Government which shall
place it before the Parliament;
(g) identify areas of
strength and weakness and formulate remedial programs;
(h) commission industry
specific studies to identify technical problems and to approve plans for
technical scientific input by the Council towards their solution;
(i) arrange management
courses on a regular basis for managerial levels of the Council; and
(j) may subject to the
provisions clause (e) of section 8, appoint such officers and employees as may
be necessary for the efficient performance of the functions of the Council on
such terms and conditions as may be prescribed under the rules.
13.
Executive Committee.—(1) The Executive Committee shall assist the Chairman
in the running the day to day functions of the Council and be responsible for
administrative as well as financial matters of the Council. The Committee shall
comprise the following members, namely:---
(a) Chairman of the
Council;
(b) two most senior
scientific or technical officers;
(c) Financial Adviser
Ministry of Science and Technology; and
(d) Secretary of the
Council who shall also act as its Secretary.
(2) All
decisions of the Executive Committee shall be reported to the Board for
information and approval.
(3) The
Federal Government may increase or decrease the number of members of the
Executive Committee and prescribe the qualifications and mode of appointment of
such members in such manner as it may prescribe.
14.
Technical Advisory Committee.—(1) The Board shall appoint a Technical Advisory
Committee comprising such number of members and for such terms as it may deem
fit.
(2) The
Head of the Technical Advisory Committee will be nominated from amongst the
non-official members of the Board.
(3)
Non-official Members of Advisory Committee shall be nominated from amongst the
following:---
(a) progressive farmers;
(b) water related
industry; and
(c) Experts from the
public and private sector.
(4)
Chairman of the Council or his representative shall be a member of the
Technical Advisory Committee.
(5) The
Federal Government may increase or decrease the number of members of the
Technical Advisory Committee and prescribe the qualifications and mode of
appointment of such members in such manner as it may prescribe.
(6) The
Committee shall,---
(a) identify and prepare
research programmes and projects relevant to the market demand;
(b) propose Annual, Five
Year --Development Programmes of the Council;
(c) advise and report on
any technical matters referred to it by the Board; and
(d) conduct performance
evaluation of the research -programme for consideration by the board.
15.
Funds of the Council.—The Funds of the Council shall comprise,---
(a) funds of the Council
which stand transferred to the Council under section 25;
(b) grants from the
Federal Government and the Provincial Governments;
(c) donations and
endowments;
(d) funds generated
through sale proceeds, technical services, and income from patents; and
(e) research grants.
16.
Appointments of officer, etc.—(1) All fresh appointments to the Council shall be
on contract basis.
(2)
Rules shall provide for “two-track” appointments; contractual and permanent.
(3)
Recruitment rules shall provide for conversion of contractual appointments to
permanent appointments, after contractual appointees have met the prescribed
criteria.
17.
Budget and accounts.—(1) The Chairman shall, in respect of each financial
year, submit for the approval of the Board, a statement showing all the
expenditures incurred during the year along with estimated receipts and
expenditures for the next financial year.
(2) The
Council shall, by such date and in such forth as may be prescribed by rules,
submit to the Federal Government for approval its budget for each financial
year showing the estimated receipts and expenditure and the sums which arc
likely to be required from the Federal Government during the financial year.
(3) The
accounts of the Council shall be maintained in such form and manner as the
Federal Government may determine in consultation with the Controller General of
(4) The
accounts of the Council shall be audited by the Auditor General Pakistan.
18.
Delegation of powers.—The Board nay, by general or special order in writing,
direct that such of its powers shall, in such circumstances and under such
conditions, if any as may be specified in the order, he exercised by the
Chairman; Executive Committee, or a member or officer of the Council.
CHAPTER III
MISCELLANEOUS
19.
Submission of periodical reports, etc.—The Council shall submit to the Federal
Government at such time and at such intervals as the Federal Government may
specify,---
(a) annual report on the
working of the Council;
(b) such periodical
reports and summaries as may be required by the Federal Government;
(c) such periodical
returns, accounts, statements and statistics as may be required by the Federal
Government;
(d) information and
comments jilted for by the Federal Government on any specific point;
(e) copies of the
documents required by the Federal Government; and
(f) original documents
required by the Federal Government for examination or any other purpose.
20.
Directives from the Federal Government. (1) In the performance
or its functions, the Council shall be guided on questions of policy by the
instructions. if any, given to it by the Federal Government which shall be sole
judge as to whether a question is a question of policy, provided that reasons
for issuing such a directive are conveyed in writing.
(2) The
Federal Government may dissolve and reconstitute the Board, if deemed necessary
in public interest.
21.
Discoveries and inventions to vest in the Council.— All rights relating
to discoveries and inventions and any improvements in materials, methods,
processes, apparatus or equipment made by any officer or employee of the
Council in the course of his employment shall vest in the Council and the
researchers as per rules.
22.
Declaration of fidelity and secrecy.— Every member, adviser, officer or other
employee of the Council shall make such declaration of fidelity and secrecy as
may be prescribed.
23.
Continuance of certain rules.— All rules, regulations and bye-laws made by the
Council and in force immediately before the. commencement of this Act shall
apply ',maw's mutandis, and so far as they are not inconsistent with any of the
provisions of this Act, continue in force until repealed or altered by rules or
regulations made under this Act.
24.
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 order of the Federal Government and in such manner as the Federal
Government may direct.
25.
Dissolution of Council.—Upon the commencement of this Act, the Council formed
under the Resolution shall stand dissolved and upon such dissolution:---
(a) all assets, rights,
powers, authorities and privileges and property, movable and immovable, cash
and bank balance, 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 Council subsisting immediately before its dissolution
shall stand transferred to and vest in the Council; ,
(b) all officers and other
employees of the Council shall; notwithstanding anything contained in any law
or in any agreement, deed, document or other instrument, stand transferred to
the Council in accordance with the present terms and conditions of the service
applicable to
(c) them; and no officer
or other employee whose. services are so transferred shall be entitled to any
compensation because of such transfer; A regular employee of the Council before
the commencement of this Act shall have the option to remain civil servant
under the Civil servants Act, 1.973 (LXXI of 1973); and shall be entitled 16
all the privileges and facilities of the Federal Government such as pension,
gratuity, housing and health.
(d) All debts and
obligations incurred or contracts entered into or rights acquired and all
matters and things engaged to be done by, with or for the Council formed under
the Resolution before its dissolution shall be deemed to have been incurred,
entered into, acquired or engaged to be' one by, with or for the Council; and
(e) All
suits and other legal proceedings instituted by or against the Council formed
tinder the Resolution, before its dissolution shall be deemed to be suits and
proceedings by or against the Council and may be proceeded or otherwise dealt
with accordingly.
26. Exemption front taxes.— Notwithstanding anything contained in the Income Tax
Ordinance, 2001 (XLIX of 2001); or any other law for the time being in force
relating to income tax, the Council shall not be liable to pay any such tax on
its income, capital profit, wealth, gifts or gains.
27. Ordinance XCI of 2002, not to
apply to the Council.—Nothing
contained in the Industrial Relation's Ordinance, 2002 (XCI of 2002), snail
apply to or in relation to the althea or any oldie officers, advisers and
employees appointed by it.
28. Power to make Rules.— The Federal Government may, by notification in the
official Gazette, within six months of the commencement of this Act; make rules
to carry out its purposes.
29. Removal of difficulties.If any difficulty arises in giving effect to any
provision 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 or expedient for the purpose of removing the difficulty:---
Provided that no such power shall be
exercised after the expiry of two years from the commencement of this Act.
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