Updated: Saturday December 14, 2013/AsSabt
Safar 11, 1435/Sanivara
Agrahayana 23, 1935, at 05:29:21 PM
[1][1]The
(Pb Ord. X of 1980)
[
An
Ordinance to provide for the establishment of the Punjab Economic Research
Institute as a statutory body
Preamble.— WHEREAS it is expedient to provide for the
establishment of the Punjab Economic Research Institute as a statutory body and
for matters ancilliary thereto;
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 1 of 1977),
the Governor of the
1. Short title and commencement.— (1) This Ordinance may be called the Punjab
Economic Research Institute Ordinance 1980.
(2) It shall come into force at once.
2. Definitions.— In this Ordinance, unless the context
otherwise requires, the following words and expressions shall have the meanings
hereby respectively assigned to them,—
(a) “Board”
means the Board of the Punjab Economic Research Institute constituted under the
Ordinance;
(b) “Chairman”
means the Chairman of the Board;
(c) “Director”
means Director of the Institute;
(d) “Government”
means Government of the
(e) “Institute”
means the Punjab Economic research Institute established under the Ordinance;
(f) “member” means a member of the Board and includes its Chairman;
(g) “prescribed” means prescribed by rules framed under the Ordinance;
(h) “regulations” means regulations made under the Ordinance; and
(i) “specified”
means specified by an order of the Government.
3. Establishment of the Institute.— (1) As soon as may be after the promulgation
of this Ordinance, Government may, by notification in the official Gazette,
establish an institute to be called the Punjab Economic Research Institute.
(2) The Institute shall be a body corporate,
having perpetual succession and a common seal with power to acquire, hold and
dispose of property, both movable and immovable, and may, by the said name, sue
and be sued.
(3) The head office of the Institute shall
be at
4. Functions of the Institute.— (1) The functions of the Institute shall
be:-
(i) to conduct and promote research seminars,
conferences, demonstrations and experiments in the fields of economics,
demography and socio-economic problems relating thereto;
(ii) to provide information and advice regarding
modern research techniques and methodology in economics and related social
disciplines;
(iii) to compile results of such studies and
investigations as are carried out by or under the auspices of the Institute and
to publish such results in the form of monographs, books or reports together
with its recommendations;
(iv) to carry out such research in the
aforementioned fields for Government, semi-Government organizations and private
bodies as may be desired or authorised by Government;
(v) to advise and make recommendations to
Government, as and when required, with regard to various economic policies;
(vi) to provide facilities for training in
socio-economic research and demographic analysis to such persons as Government
may direct;
(vii) to assist and extend co-operation to national
and international agencies in the field of economic research and training and
to perform such ancillary functions as may be required by Government; and
(viii) to undertake such other activities as may be
necessary to carry out the aforesaid functions.
(2) In the performance of its functions, the
Institute shall be guided on questions of policy by instructions, if any, given
to it by Government who shall be the sole judge as to whether a question is a
question of policy.
5. Board.— (1) Subject to the provisions of the
Ordinance, the administration and management of the Institute shall vest in the
Board which may exercise such powers and perform such functions as may be
exercised or done by the Institute under the Ordinance.
(2) The Board shall consist of the following
members:-
(1) Chairman,
Planning and Development Board or Additional Chief Secretary, Planning and
Development Department, Government of the Punjab, who shall also be the
Chairman of the Board;
(2) Secretary to Government of the
(3) Secretary to Government of the
(4) Secretary to Government of the
(5) Secretary to Government of the
(6) Chief
Economist, Planning and Development Department, Government of the
(7) Additional
Secretary (Development), Planning and Development Department, Government of the
(8) Director
of the Institute; and
(9) three
non-official members to be nominated by the Government preferably from
professional scientists and social economists.
(3) Government may, by notification in the
official Gazette, increase, decrease or alter the membership of the Board.
(4) The members other than ex-officio members shall hold office for
a period of three years:
Provided
that Government may remove any non-official member before the expiry of his
term without assigning any reason.
(5) Government may suspend the execution of
any resolution or order of the Board which in the opinion of Government,
contravenes the provisions of the Ordinance, or the rules or regulations made
thereunder or the directions given by Government, and may prohibit the doing of
any act which is being done in pursuance of the said resolution or order, or if
the act has been accomplished, order its rectification in such manner as may be
directed.
6. Meetings of the Board.— (1) The meetings of the Board shall be held
at such time and place as may be determined by the Chairman of the Board.
(2) The quorum for transacting business at a
meeting of the Board shall be four.
(3) All decisions at a meeting of the Board
shall be taken by a majority of votes of the members present and in the event
of equality of votes, the Chairman shall have a casting vote.
(4) The meetings of the Board shall be
presided over by the Chairman and in his absence by a member elected for the
purpose from amongst the members present.
(5) The minutes of every meeting of the
Board shall be recorded in a book to be maintained for the purpose and shall be
signed by the person who presided over the meeting.
(6) No act or proceedings of the Board shall
be invalid merely by reason of any vacancy in, or defect in the constitution of
the Board.
7. Director.— (1) There shall be appointed by the
Government a Director of the Institute who shall exercise such executive powers
and perform such functions and duties as may be assigned to him by the Board or
as may be specified.
(2) The Director shall—
(a) be
a whole-time officer of the Institute;
(b) hold
office for a term of three years from the day he enters upon his office;
(c) be
entitled to receive such salary and allowances as may be specified:
Provided
that the Director shall, notwithstanding the expiration of his term, continue
to hold office for a further period of three months or till his successor
enters upon his office, whichever is earlier.
(3) Nothing
contained in sub-section (2) shall preclude Government from re-appointing the
Director to hold that office for such further period as may be specified but
not exceeding three years at a time.
(4) The
Director may, at any time, before the expiry of his term, resign his office by
writing under his hand addressed to Government with three months’ notice or on
payment of three months pay in lieu thereof.
8. Secretary.— (1) There shall be a Secretary of the
Institute who shall be its regular employee.
(2) The Secretary shall perform such
functions as may be assigned to him by the Board.
9. Committee.— The Board may constitute such committees as
may be deemed necessary for carrying out the purposes of the Ordinance.
10. Advisers, etc.— The Board may, from time to time and with
the approval of Government, appoint or engage such advisers, experts and
consultants as it considers necessary on such terms and conditions as may be
prescribed.
11. Fund.— (1) There shall be a fund of the Institute to be known as Punjab
Economic Research Institute Fund.
(2) The fund shall consist of—
(a) grants made by Government or other authorities
or agencies;
(b) donations
from national and international agencies;
(c) proceeds
of sale and royalty of the publications of the Institute;
(d) research
fee earned by the Institute from research undertaken by it for private
organizations;
(e) balance of the fund of the Society known as
Punjab Economic Research Institute which under the provisions of this Ordinance
is being dissolved and succeeded by the Institute; and
(f) income
from other sources.
(3) The fund shall be maintained and
invested in such manner as may be prescribed.
(4) The fund of the Institute shall be
utilized to meet the expenses of the Institute in connection with its functions
under the Ordinance.
12. Budget and accounts.— (1) The Institute shall, before the
commencement of each financial year, prepare a statement of the estimated
receipts and expenditure of the Institute for the next financial year and
forward the same to Government for approval.
(2) The Institute shall maintain such
accounts and in such manner as may be prescribed.
(3) The accounts of the Institute shall be
audited annually in such manner and by such authority as may be prescribed.
13. Employees of
the Institute.— (1) The Institute may, subject to the approval of Government, employ
such officers and other employees as it considers necessary for the efficient
performance of its functions under the Ordinance.
(2) The Institute may provide for the grant
of such allowances, leave, pension, gratuity, provident fund and other benefits
and facilities as may be prescribed.
(3) The Institute shall give to the officers
and other employees of the Society known as the Punjab Economic Research
Institute being dissolved under the provisions of the Ordinance, an option for
service under the Institute on such terms and conditions as may be offered to
them by the Institute:
Provided that such terms and conditions shall not be less
favourable than those applicable to them as servants of the Society known as
the Punjab Economic Research Institute being dissolved under the Ordinance.
14. Delegation of
powers.—
The Board may, by general or special order and subject to such conditions as
may be specified in such order, delegate any of its powers, duties or functions
under the Ordinance to the Chairman, Director, members, adviser, officer,
expert, consultant or an employee of the Institute or to a committee
constituted under the Ordinance.
15. Winding up of the Society.— (1) Notwithstanding the provisions contained
in the Societies Registration Act, 1860 (XXI of 1860) or in the Memorandum and
Articles of Association of the Punjab Economic Research Institute, a Society
registered under the said Act, Government may, by notification in the official
Gazette, order the dissolution of the said Society with effect from such date
as may be mentioned in the notification.
(2) On the
dissolution of the Society referred to in sub-section (1)—
(a) all
properties, funds and other assets of the Society shall vest in the Institute;
(b) all
publications and other research material prepared or collected by the Society
shall be deemed to have been issued, prepared and published by the Institute;
(c) all
debts, liabilities, contracts entered into, matters or things done or to be
done by or for, all suits and other proceedings by or against the said Society
shall be deemed to be the debts, liabilities and obligations incurred,
contracts entered into, matters or things done or to be done by or for, and
suits and other proceedings by or against the Institute.
16. Winding up of the Institute.— (1) No provision of any law relating to
winding up of companies shall apply to the Institute.
(2) When, in the opinion of Government, it
is expedient that the Institute shall cease to exist, Government may, by
notification in the official Gazette, declare that the Institute shall be
dissolved from such date as may be mentioned in the notification and the
Institute shall be deemed to have been dissolved accordingly and from such
date—
(a) all
properties, funds and dues which are vested in or realizable by the Institute
shall vest in and be realizable by an administrator or any other officer
appointed by Government in this behalf;
(b) all
liabilities which are enforceable against the Institute shall be enforceable
only against the administrator or the other officer appointed by Government in
this behalf;
(c) the
administrator or the other officer appointed by Government shall keep separate
accounts of all moneys respectively received and expended by him under the
Ordinance until all liabilities referred to in clause (b) have been duly
discharged; and
(d) the
administrator or the other officer appointed by Government in this behalf shall
have power to dispose of the properties, assets and rights of the Institute in
such manner as Government may direct from time to time.
(3) Any
properties and assets left over after all the liabilities of the Institute have
been discharged shall vest in Government and all liabilities left undischarged
after all the properties and assets of the Institute have been disposed of
shall become the liabilities of Government.
(4) The
administrator or the other officer appointed by Government in this behalf may
delegate any of his powers under this section to an officer of Government or to
an officer of the Institute to such extent and on such terms and conditions as
may be approved by Government.
17. Officers and employees of the Institute to
be public servants.— The
Director, officers and other employees of the Institute shall be deemed to be
public servants within the meanings of section 21 of the Pakistan Penal Code
(XLV of 1860).
18. Government not bound by the opinion of the
Institute.— Government shall
not be bound or held responsible for any opinion expressed or any conclusion
reached by the authors of the publications issued or published by or under the
authority of the Institute.
19. Annual report.— The Institute shall submit annual report of
its activities to Government at the end of each financial year and circulate a
quarterly report of its activities to all members of the Institute in the
manner prescribed.
20. Power to make rules.— (1) Government may make rules for carrying
out the purposes of the Ordinance.
(2) In particular and without prejudice to
the generality of the foregoing provision, such rules may provide for—
(a) the manner and form of keeping the accounts of
the institute;
(b) the qualifications and procedure to be
followed for appointment or recruitment of advisers, consultants, experts,
officers and other employees of the Institute;
(c) the
terms and conditions of employment or service of the advisers, consultants,
experts, officers and other employees of the Institute;
(d) the
date on which and the form in which the annual budget statement of the Institute
shall be submitted to Government each year;
(e) the
procedure for appropriation and reappropriation of moneys at the disposal of
the Institute;
(f) the
form and manner in which the accounts of receipts and expenditure of the
Institute shall be kept;
(g) the
manner in, and the authority, by, which accounts of the Institute shall be
audited;
(h) the
manner in which audit reports shall be submitted to Government by the
Institute;
(i) the
manner and form in which and the authority to whom returns, reports, or
statements shall be submitted;
(j) the
establishment, composition, powers and duties of various committees which may
be established under the Ordinance; and
(k) such
other mattes relating to the administration and other affairs of the Institute
as Government may think fit to be prescribed by rules.
21. Power
to make regulations.— The Institute may, with the previous approval of
Government, make regulations for matters not provided for in the rules for
which provision is necessary or expedient for carrying out the purposes of the
Ordinance.
[1][1]This Ordinance was
promulgated by the Governor of the Punjab on 10th November, 1980; and,
published in the Punjab Gazette, (Extraordinary), dated 13th November, 1980;
pages 1147-E to 1147-M.
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