Updated: Thursday April 27, 2017/AlKhamis
Sha’ban 01, 1438/Bruhaspathivara
Vaisakha 07, 1939, at 05:50:45 PM
The
ACT No. XII OF 2016
[25th March, 2016]
An Act to provide for reconstitution and
re-organization of the Pakistan Health Research Council.
WHEREAS it is expedient to reconstitute and reorganize
the Pakistan Medical Research Council with the name of Pakistan Health Research
Council by providing, administrative and financial autonomy for its
efficient functioning;
It is hereby enacted as follows:---
CHAPTER—I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act
may be called the Pakistan Health Research Council Act, 2016.
(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) ”Aid” means financial assistance as described
in section 16 (2) (b);
(b) ”Board” means the Board of Governors
constituted under section 5;
(c) ”Chairman” means the Chairman of the Board;
(d) ”Council” means the Pakistan Health Research
Council;
(e) ”Donations” means voluntary gift/charity as
defined under section 16 (2) (a);
(f) ”Endowments” means a fund as described in
section 17;
(g) ”Executive Committee” means the Executive
Committee constituted under section 9;
(h) ”Executive Director” means the Executive
Director of the Council appointed under section 14;
(i) ”Fees” means subscription charges and any
other payments as enumerated in section 16(2)(c);
(j) ”Fellowship” means association or
companionship between individuals or organizations;
(k) ”Finance and Resource Development Committee”
means the Finance and Resource Development Committee constituted under section
13;
(l) ”Fund” means the Medical Research Fund
established under section 16;
(m) ”Grants” means financial aid or other forms
of assistance as explained in section 16(2)(b);
(n) ”Health” means a state of complete physical,
mental, social and spiritual well being and not merely the absence of disease
or infirmity;
(o) ”Health research” means a process for
obtaining systematic knowledge that may be applied to improve the health of
individuals and populations;
(p) ”prescribed” means prescribed by rules;
(q) ”rules” means rules made under this Act;
(r) ”Scholarship” means financial support on the
basis of academic/ research related progress; and
(s) ”Technical Advisory Committee” means the
Technical Advisory committee of the Council constituted by the Board under
section 11.
CHAPTER-II
ESTABLISHMENT OF THE COUNCIL
3. Establishment of the Council.—(1) As soon as may be
after the commencement of this Act, the existing Pakistan Medical Research
Council shall, by notification in the official Gazette, be reconstituted
and reorganized to be called the Pakistan Health Research Council.
(2) The Council shall be a body corporate having
perpetual succession and a common seal with powers, subject to the provisions
of the Act, to acquire, hold and dispose of property, both movable and
immovable and shall by the said name sue and be sued.
(3) The headquarters of the Council shall be at
CHAPTER-III
FUNCTIONS AND POWERS OF THE COUNCIL
4. Functions and powers of the Council.—(1) The
functions and powers of the Council shall be,---
(a) to promote, organize, coordinate, and conduct
scientific research in the fields of health including allopathy, Homeopathy,
Harbal, unani, iovadic and traditional medicine;
(b) to ensure that health research is relevant to
the problems and issues of health in Pakistan within the framework of national,
legal, socio- economic development;
(c) to facilitate development of institutional
capacity for research including trainin of manpower;
(d) to organize and facilitate utilization of
results of the research;
(e) to advise the Federal and Provincial
Governments and any other relevant body/organization on matters related to
health research;
(f) to establish, strengthen and expand
information resource for support of research;
(g) to sensitize the public through information
dissemination of the findings of health related research through publications,
conferences, seminars, media and meetings;
(h) to provide financial support for health
research through grants and fellowships;
(i) to establish linkages with national and
international research institutions, bodies and organizations as well as
relevant community groups and agencies; and
(j) to develop financial and other resources for
its functions and for the support of research.
CHAPTER-IV
ORGANIZATION OF THE COUNCIL
5. Board.—(1) The overall control and superintendence
of the affairs of the Council shall vest in a Board which shall consist of the
following, namely:---
(a) |
The Chairman who shall be the Minister or in his
Chairman absence the Minister of State or Advisor of the administrative
ministry or in their absence, as the case may be, the Secretary of the
administrative minisuy; |
|
(b) |
Secretary of the administrative ministry; |
Member |
(c) |
Secretary Finance Division; |
Member |
(d) |
Secretary Planning and Development Division; |
Member |
(e) |
Executive Director, National Institute of Health, |
Member |
(f) |
Chairman. |
Member |
(g) |
Executive Director, |
Member |
(h) |
One Head of Medical College/University (Institution) |
Member |
(i) |
Principal, |
Member |
(j) |
The Executive Director, National Institute of
Population Studies; |
Member |
(k) |
Dean Research, the |
Member |
(l) |
Private Medical Colleges recognized by Pakistan
Medical and Dental Council (ten years recognition) (one from each Province to
be nominated by the Federal Government); |
Member |
(m) |
President, |
Member |
(n) |
Rector, |
Member |
(o) |
|
Member |
(p) |
Fatmid Foundation, Karachi/Edhi Foundation, |
Member |
(q) |
Executive Director, PHRC. |
Member |
(2) The Executive Director shall also act as Secretary
of the Board.
6. Functions of the Board.—(1) The functions
of the Board, shall be,---
(a) to formulate policy on health research;
(b) to review and monitor the performance of the
Council;
(c) subject to other provisions of this Act, to
appoint necessary officers and employees, against sanctioned posts on such
terms and conditions as may be prescribed under the rules:---
Provided that the contract appointments shall be
regulated by the relevant instructions of the Federal Government, issued from
time to time and appointment to the posts with emoluments equivalent to or
higher than those of BS-20 shall he made with prior approval of the Federal
Government;
(d) to approve annual budge; and
(e) to make recommendation to the Federal
Government for appointment of Executive Director.
(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.
7. Meetings of the Board.—(1) Meetings of the Board
shall be called by the Chairman or the Board provided that not less than two
meetings shall be held in a year. The meetings shall be presided over by the
Chairman and in his absence by the Minister of State or Advisor of the
administrative ministry or in their absence the Secretary of the administrative
ministry.
(2) One-third of the total membership of the Board
shall constitute the quorum. All decisions shall be taken with majority votes
of the members present and in case of a tie (equality of votes), the person
presiding over the meeting shall have the casting vote.
8. Submission of periodical reports, etc.—(1) The
Council shall submit to the Federal Government annual report on the conduct of
its affairs for the preceding year, as early as possible, but not later than
the last day of December next.
(2) The Council shall render to the Federal Government
information, comments and advice on any specific point as may be asked for.
9. Executive Committee.—There shall be an Executive
Committee which shall consist of following members namely:---
(a) |
Secretary of the Ministry |
Chairman |
(b) |
Planning and Development Division Representative |
Member |
(c) |
Finance Division Representative |
Member |
(d) |
|
Member |
(e) |
One Head of cMedical College/University
(Institution) (from each Province and Gilgit/Baltistan) where PMRC Research
Centers are located to be nominated by Provincial Government |
Member |
(f) |
Executive Director, PHRC |
Member/Secretary |
10. Functions of the Executive Committee.—(1) Subject
to the provisions of this Act and the rules and regulations made there-under
and the general or special directions of the Board, the Committee shall be the
principal administrative body of the Council responsible for executing all
policies and discharging all functions of the Council under this Act.
(2) Notwithstanding the provision contained in
sub-section (1), the Executive Committee shall,---
(i) undertake regular review and evaluation of
the research projects and the program to be launched and implemented by the
Council; and
(ii) execute the administrative, financial and
research activities of the Council.
11. Technical Advisory Committee.—(1) There shall be a
Technical Advisory Committee which shall consist of eight members including the
Executive Director to be appointed by the Board. The Chairperson of the
Committee shall be appointed by the Board.
(2) The members of the Committee shall be appointed on
the basis of their experience in health related fields.
(3) The term of membership of the members shall be
three years.
(4) The meetings of the Committee shall be convened as
and when required.
12. Functions of the Technical Advisory Committee.—(1)
The functions of the Technical Advisory Committee shall be,---
(a) to recommend to the Board through Executive
Director research and development program and strategic plans of the Council
along with budget estimates of these activities;
(b) to review outcome of research supported by
the Council and to suggest methods for the utilization of the research by the
health and other related sectors;
(c) to render advice and report on any technical
matter referred to it by the Council;
(d) to identify and recommend to the Board
through Executive Director suitable candidates as fellows, scholars and
associates;
(e) to recommend to the Board appropriate
policies for the support of the research activities undertaken by the Council
including policies relating to inter-institutional relationship; and
(f) to act as a primary medium of communication
between the Council and the research and academic community, informing the
Board of issues, problems and research opportunities and in turn, helping to
foster understanding within the research and academic community of the Council’s
aims and activities.
(2) The Committee with the approval of the Board may
make regulations to carry out its functions.
13. Finance and Resource Development Committee.—(1)
The Board shall appoint a Finance and Resource Development Committee consisting
of four members which shall,---
(a) make recommendations to the Board on all
financial matters of the Council including plans for resources development;
(b) propose Council’s budget to the Board;
(c) prepare a report on financial aspects of the
Council and submit the same to the Board through Executive Director; and
(d) monitor implementation of plans duly approved
by the Board for resources development.
14. Executive Director.—(1) The Executive Director
shall be the Chief Executive of the Council, having qualifications and
experience as may be prescribed, who shall be appointed by the Federal Government
on the recommendations of the Board.
(2) The terms of office of the Executive Director
shall be five years extendable for another term on the basis of performance.
(3) The Executive Director shall be responsible to the
implementation of the decisions of the Board and who shall also administer the
budget of the Council.
15. Validity of proceedings. No act,
proceedings or decisions of the Board, or any Committee, shall be invalid by
reason only of the existence of a vacancy in, or any defect in the constitution
of the Board or, as the case may be, the Committee.
CHAPTER-V
FINANCE AND RESOURCE DEVELOPMENT
16. Establishment of Medical Research Fund.—(1) There
shall be established a fund to be called the Medical Research Fund which shall
be non-lapsable. All receipts of the Fund shall initially be credited to the
Fund. The amounts for the expenditures related to the operation of the Council
shall be drawn from the Fund as may be prescribed.
(2) The Fund shall have the following sources,
namely:---
(a) donations, contributions, subscriptions, aid
and grants made by the donors;
(b) aids, grants or other form of assistance by
the Federal Government or Provincial Government or any of the Foreign
Government, national and international institutions, organizations and
agencies;
(c) fees, subscriptions, charges and any other
payments for any service rendered, such as training, institutional
consultancies, sale proceeds, royalties on publications, commission and
receipts from any other source; and
(d) income from any investment and deposits.
17. Endowments.—(1) The Council shall arrange funds
for creating an endowment fund. The Council shall invest this fund and savings
from other sources in any security approved by the Federal Government to create
income to be utilized for funding the Council’s program. The income so received
shall be utilized up to a maximum of fifty percent and the balance fifty
percent shall be reinvested to offer protection for the endowment from complete
erosion due to inflation. The distribution of the income from the endowment for
the fiscal year from July 1st to June 30th shall be based on the value of the
total income received up to 31st day of December of the calendar year preceding
the fiscal year.
(2) The Council shall make rules for endowment fund
for the administration, payment procedure, financial powers and investment of
the fund. These rules shall require approval of the Finance Division after approval
by the Controller-General of Accounts.
18. Accounts and audit.—(1) The Head of Finance
Department of the Council, as may be prescribed, shall submit annual financial
statements to the Finance and Resource Development Committee which shall make
its recommendation to the Board. These statements shall include the estimated
receipts and expenditure and the sums which are likely to be received for the
coming financial years.
(2) After the commencement of this Act, the Council
shall frame a detailed accounting procedure for maintaining of its accounts
after its approval from the Office of the Controller-General of Accounts and
the Ministry of Finance.
(3) The fund shall be kept in the personal Ledger
Account of the Council with the National Bank of
(4) The accounts of the Council shall be audited by
the Auditor General of
CHAPTER-VI
MISCELLANEOUS
19. Quorum for meetings of the
Committees. The quorum for the meetings of all the committees shall be
one-half of their total membership. All decisions shall be taken with majority
votes of the members present and in case of difference of opinion, the person
presiding over the meeting shall have casting vote.
20. Officers and employees of the Council.—(1)
The officers and employees who were appointed on regular basis in the Pakistan
Medical Research Council before its reconstitution and reorganization as
Pakistan Health Research Council shall stand transferred and absorbed into, and
become employees of the Council:
Provided that the civil servants appointed on
deputation in the Pakistan Medical Research Council before its reconstitution
and reorganization as Pakistan Health Research Council shall upon their
transfer to the Council continue to be governed by the Civil Servants Act, 1973
(LXXI of 1973), except those who may opt for absorption in the employment of
the Council in pursuance of sub-section (2).
(2) A civil servant appointed on deputation in the
Pakistan Medical Research Council shall be given right to exercise option for
such absorption within a period of six months of the commencement of this Act.
21. Indemnity. No suit, prosecution or other
legal proceedings shall lie against the Council, any member, officer or staff
of the Council for anything done or intended or purported to be done in good
faith under this Act or the rules made there-under.
22. Power to make rules. The Federal
Government may, by notification in the official Gazette, make rules for
carrying out the purposes of this Act including rules to regulate the financial
and administrative matters related to the Council.
23. 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 express provisions of this Act,
as may appear to it to be necessary or expedient for the purpose of removing
the difficulty.
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