Updated: Monday March 28, 2016/AlEthnien
Jamada El Thaniah 19, 1437/Somavara
Chaitra 08, 1938, at 04:25:17 AM
The
1ORDINANCE No. XVII
OF 1965
[29th May, 1965]
An Ordinance to provide for the
establishment of an Atomic Energy Commission
WHEREAS it is expedient to
provide for the establishment of an Atomic Energy Commission for the promotion
of the peaceful uses of atomic energy in Pakistan, the discharge of
international obligations connected therewith, the execution of development
projects involving nuclear power stations and matters incidental thereto;
AND WHEREAS the National
Assembly is not in session, and the President is satisfied that circumstances
exist which render immediate legislation necessary;
NOW, THEREFORE, in exercise
of the powers conferred by clause (1) of Article 29 of the Constitution and of
all other powers enabling him in that behalf, the President is pleased to make
and promulgate the following Ordinance:---
CHAPTER I
1. Short title, extent
and commencement.___(1) This Ordinance may be called the
Pakistan Atomic Energy Commission Ordinance, 1965.
(2) It extends to the whole
of
(3) It shall come into
force at once.
1Approved by the National Assembly on
21st July, 1965, see Gaz. of P., 1965, Ext., p. 596.
2. Definitions. In this Ordinance, unless there is
anything repugnant in the subject or context,-
(1) "Atomic energy" means the energy or ionizing
radiations released in any process which involves transformation of, or
reaction between atomic nuclear and includes energy liberated as a result of
the fission of special nuclear material of fusion or atomic unuclei ;
(2) "Chairman" means the Chairman of the Commission ;
(3) "Commission" means the Pakistan Atomic Energy
Commission established or deemed to be established under section 3 ;
(4) "prescribed" means prescribed by rules made under
this Ordinance ;
(5) "special nuclear material" means plutonium 239,
uranium 235, or uranium 233 or any other material which the Commission
determines to be capable of releasing energy through fission.
3. Establishment of the
Commission.___(1) As soon as may be after the
commencement of this Ordinance, the1[Federal
Government] shall establish, in accordance with the provisions of this
Ordinance, a Commission to be called the Pakistan Atomic Energy Commission.
(2) The Commission shall be
a body corporate by the name of the Pakistan Atomic Energy Commission, having
perpetual succession and a common seal, with power, subject to the provisions
of Ordinance, to acquire and hold property, both movable and immovable, and
shall by the said name sue and be sued.
(3) The headquarters of the
Commission shall be at
2* * * * * * *
3[3A. Employment under Commission to be
employment under Federal Government. Every employment under the commission 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.
3B. Ordinace XCI of 2002
not to apply to Commission. Nothing contained in the Industrial Relations Ordinance, 2002 4(XCI
of 2002) shall apply to or in relation to the Commission or any of the
officers, advisers and employees appointed by it].
1Subs. by the
2Sub-section (4) omitted by the Federal
Laws (Revision and Declaration) ordinance, 1981 (27 of 1981) s. 3 and Sch. II.
3Added by Act 16 of 1974 s. 3,
4Subs by XXX of 2009, s. 2 (valid
25.3.2010) which was previously amended by Ord. No. LXII of 2007, s.2.
CHAPTER II
COMPOSITION AND FUNCTIONS OF THE
COMMISSION
4. Composition of the
Commission.___(1) The Commission shall consist of the
following members1 to
be appointed by the 2[Federal
Government], namely :___
Full-time members___
(a) a Chairman ;
3* * *
(b) a Finance member, being
representative of the Ministry of Finance, Government of Pakistan; and
4[(c) 5[seven] technical members of whom one may
be a Member for Administration ; and]
5* * *
(2) The Chairman 6*
* * and other members of the Commission 6*
* * shall be appointed by the 7[Federal
Government].
(3) The Chairman shall be
the chief executive officer of the Commission, and 6*
* * the other members, except the Finance member, shall perform such functions
as the Commission may assign to them from time to time.
(4) The Finance member
shall exercise such powers and discharge such duties as may be prescribed.
5[(5) Notwithstanding the composition of
the Board prescribed in sub-section (1), the Federal Government may increase or
decrease the number of members of the Commission and prescribe the
qualifications and mode of appointment in such manner as it may deem
appropriate.]
5. Term of office of
members etc.___(1) Save as hereinafter provided, a member
of the Commission 6*
* * shall hold office for a period of three years from the date of his
appointment and shall be eligible for re-appointment for such further period or
periods, not exceeding three years at any one time, as the 7[Federal
Government] may deem fit.
1 Members of the Commission have
been appointed vide S.R.O. 661 (K)/65, see Gaz. of P., 1965, Pt. I, p. 569.
2 Subs. by the
3 Ins. by the
4 Subs. by Act, 16 of 1974 s. 4 for
clause “c”.
5Omitted & Subs by Ord. 12 of 2001,
ss 2&3.
6Subs. omitted & added by Ord XXX of
2009, s.3 (valid till 25.3.2010) previously amended by Ord. LXII of 2007, s.3.
7subs. ibid., s. 2 for “Central
Government”.
(2) Where a person is
appointed to be a member of the Commission 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.
(3) A person appointed to
be a member of the Commission may at any time resign his office by letter
addressed to the Chairman:
Provided that no
resignation shall take effect until it has been accepted by the 1[Federal
Government].
(4) A vacancy caused by
resignation or any other reason shall be filled by the appointment of a person
qualified to fill such vacancy.
(5) The 1[Federal
Government] may at any time terminate the appointment of the Chairman 2*
* *or any other member of the Commission 2*
* * without assigning any reason.
(6) No act or proceeding of
the Commission shall be invalid merely on the ground of the existence of a
vacancy in, or defect in the constitution of, the Commission.
6. Functions of the
Commission.___(1) The functions of the Commission shall
be to do all acts and things, including research work, necessary for the
promotion of the peaceful uses of atomic energy in the fields of agriculture,
medicine and industry and for the execution of development projects involving nuclear
power stations and the generation of electric power thereat.
(2) The Commission may, on
behalf of the 3[Federal
Government] or, with the approval of the 3[Federal
Government], on behalf of a Provincial Government perform such other functions
relating to the peaceful uses of atomic energy, and on such terms and
conditions, as may be agreed upon between the Commission and such Government.
4[(2A) Notwithstanding anything contained
in the regulation of Mines and Oil-fields and Mineral Development (Government
Control) Act, 1948 (XXIV of 1948), the powers of the Federal Government under
that Act, shall, in relation to mines of nuclear substances and development of
such substances, be exercisable by the Commission.
1Subs. by the
2Omitted by Ord. 12 of 2001, s. 3.
3Subs. by Act (16 of 1974), s. 2, for
"Central Government".
4 Ins ibid., s. 5.
Explanation.___ In this sub-section, “nuclear
substance” means any substance or material which the Commission determines as
being a substance or material which is or may be used for the production of or
use in, atomic energy or for research into matters connected therewith, and
includes all substances obtained or obtainable from the soil by underground or surface
working which are radioactive.]
(3) In the performance of
its functions, the Commission shall be guided on questions of policy by the
instructions, if any, given to it by the 1[Federal
Government] which shall be the sole judge as to whether a question is a
question of policy.
(4) The Commission shall,
in order to carry out any functions under sub-section (1) or sub-section (2),___
(a) prepare and submit for the approval
of the 1[Federal
Government] proposals, schemes or projects in such form as may be indicated by
the 1[Federal
Government] or, where the functions are to be performed on behalf of a
Provincial Government, by that Government ; and
(b) proceed to give effect to a
proposal, scheme or project as approved by the 1[Federal
Government].
7. Meetings of the Commission,
etc.___(1) Save as hereinafter provided, the
Commission shall regulate the procedure for its meetings.
(2) Meetings of the
Commission shall be called 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, and
(ii) at least eight days' notice shall be given to the
members specifying the date, time and place of the meeting.
(3) The annual report and
the accounts of the Commission for every financial year shall be submitted at a
meeting of the Commission to be held within six months of the close of that
year for adoption and record subject to such reservations as the Commission may
make.
(4) To constitute a quorum
at a meeting of the Commission, not less than four members, including the
Chairman, shall be present.
1Subs. by the
(5) All meetings of the
Commission shall be presided over by the Chairman, and, in the absence of the
Chairman,1*
* * by a member of the Commission authorised in writing by the Chairman ; and
in the absence of such authorization or of the member so authorized, by a
member elected for the purpose by the members present.
(6) Subject to such rules
as the 2[Federal
Government] may make regarding matters having financial implications, all questions
at a meeting of the Commission shall be decided by a majority of the members
present and voting, and in case of equality of votes, the person presiding
shall have and, exercise a second or casting vote.
(7) Any business which it
may be necessary for the Commission to transact may be transacted by
circulation among all its members, and any proposal so circulated and approved
by a majority of the members shall be as effectual and binding as if such
proposal had been passed at a regular meeting of the Commission.
3[7A. Standing bodies and committees. The commission may from time to time
appoint such standing bodies 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.”.]
4* * * * * * *
1Omitted and Subs. by Ord. 12 of 2001, s.
4.
2Subs. by the
3Ins. ibid., s. 6.
4Omitted by Ord. XXX of 2009, s.3 for
section 8 and 9. (valid upto 25.03.2010) previously amended by Ord. LXII of
2007. s.4.
10. Funds of the
Commission.___(1) The funds of the Commission shall
comprise-
(a) funds of the Pakistan Atomic Energy
Council which stand transferred to the Commission under section 23 ;
(b) grants from the 1[Federal]
and Provincial Governments;
(c) donations and endowments ;
(d) income from investments and
royalties ; and
(e) receipts of the Commission from such
other sources as may be approved by the Commission.
(2) The Commission may open
a deposit account with the State Bank of Pakistan or with any Agency of the
State Bank other than a Government Treasury or, with the approval of the 2[Federal
Government], with any other bank.
(3) The accounts of the
Commission shall be audited by the 3[Auditor-General]
of
11. Budget. The Commission shall, by such date in each
year as may be prescribed, submit to the 2[Federal
Government] for approval, a budget in the prescribed form for each financial
year showing the estimated receipts and expenditure and the sums which are
likely to be required from the 2[Federal
Government] during that financial year.
12. Delegation of
powers. The
Commission may, 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, be exercisable also by the Chairman 4[*
* *], or by such member or officer of the Commission as may be so specified.
13. Appointment of
officers etc.___(1) The Commission may, subject to the
provisions of sub-section (2) and such general or special orders as the 2[Federal
Government] may give it from. time to time, appoint such officers, advisers and
employees as it considers necessary for the efficient performance of its
functions on such terms and conditions as it may deem fit.
(2) The 2[Federal
Government] may direct the Commission to dispense with the services of any
officer, adviser or employee and when so directed the Commission shall dispense
with his services.
1Subs. by the
2Subs. by F.A.O., 1975, Art. 2 and Table,
for “Central”.
3Subs. ibid., for “Comptroller and
Auditor General”.
4Omitted by Ord. No. XII of 2001, s. 6.
CHAPTER III
MISCELLANEOUS
14. Co-operation with
international organizations, etc. The Commission may, subject to the prior approval of the 1[Federal
Government], co-operate with any foreign national authority or international
organization in respect of the peaceful uses of atomic energy pursuant to the
express terms and conditions of any programme or agreement for co-operation to
which such authority or organization is a party or pursuant to any other
international arrangement made before or after the commencement of this
Ordinance.
15. Submission of
periodical reports, etc. The Commission shall submit to the 1[Federal
Government] at such time and at such intervals as the 1[Federal
Government] may specify-
(a) such periodical reports and summaries as may be required by
the 1[Federal
Government];
(b) annual reports on the Head-office and the different research
centres, power stations and projects ;
(c) such periodical returns, accounts statements and statistics
as may be required by the 1[Federal
Government] ;
(d) information and comments asked for by the 1[Federal
Government] on any specific point;
(e) copies of the documents required by the 1[Federal
Government] ; and
(f) original documents required by the 1[Federal
Government] for examination or any other purpose.
16. Directives from
the 1[Federal
Government]. The 1[Federal
Government] may, from time to time, issue to the Commission such directives and
orders as it may consider necessary for carrying out the purposes of this
Ordinance and the Commission shall follow and carry out such directives and
orders.
17. Discoveries and
inventions to vest in the Commission. 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 Commission in the course of his employment shall
vest in the Commission.
18. Declaration of
fidelity and secrecy. Every
member, adviser, officer or other employee of the Commission shall make such
declaration of fidelity and secrecy as may be prescribed.
1Subs. by the
19. Power to make
rules. The 1[Federal
Government] may, by notification in the official Gazette, make rule to carry
out the purposes of this Ordinance.
20. Power to make
regulations. The
Commission may, with the previous sanction of the 1[Federal
Government], make such regulations, not inconsistent with this Ordinance or the
rules made thereunder, as may, in its opinion, be necessary or expedient for
the achievement of its aims and objects and for the performance of its
functions.
21. Continuance of
certain rules, etc. All
rules' regulations, and bye-laws of the Pakistan Atomic Energy Council
registered under the Societies Registration Act, 1860 (XXI of 1860), and in force immediately before the
commencement of this Ordinance, shall, mutatis mutandis, and so far
as they are not inconsistent with any of the provisions of this Ordinance
continue in force until repealed or altered by rules or regulations, made under
this Ordinance.
22. Winding up. No provision of law relating to the
winding up of bodies corporate shall apply to the Commission, and the Commission
shall not be wound up except by order of the 1[Federal
Government], and in such manner as the 1[Federal
Government] may direct.
23. Dissolution of
(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 obligation of
whatever kind of the Council subsisting immediately before its dissolution
shall stand transferred to and vest in the Commission ;
(b) all officers, consultants, advisers,
auditors 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 Commission and shall be deemed to have been appointed
or engaged by the Commission in accordance with the terms and conditions of
service applicable to them, and no officer, consultant, adviser, auditor or
other employee whose services are so transferred shall be entitled to any
compensation because of such transfer ;
1Subs. by the
(c) 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 before its dissolution shall be deemed
to have been incurred, entered into, acquired or engaged to be done by, with or
for the Commission ; and
(d) all suits and other legal
proceedings instituted by or against the Council before its dissolution shall
be deemed to be suits and proceedings by or against the Commission and shall be
proceeded or otherwise dealt with accordingly.
(2) The 1[Federal
Government] may, for the purpose of removing any difficulty in relation to the
transfer and other matters specified in sub-section (1) make such orders as it
considers expedient and any such order shall be deemed to be, and given effect
to, as part of the provisions of this Ordinance.
1Subs. by the
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