The Pakistan Ordinance Factories’ Board Ordinance, 1961 (XVII of 1961)

Updated: Saturday June 29, 2013/AsSabt Sha'ban 21, 1434/Sanivara Asadha 08, 1935, at 08:28:15 PM

The Pakistan Ordinance Factories’ Board Ordinance, 1961

PREAMBLE. Preamble

1. Short title and commencement

2. Definitions

3. Constitution of the Board

4. Terms of office of the members

5. Meetings

6. Functions of the Board

7. Investment of the Board with certain powers

8. Submission of estimates of receipt and expenditures to the Central Government

9. Accounts and audit

10. Submission of annual report, returns, etc.

11. Delegation of powers

12. Mode of signifying communications from the Board

13. Power to issue directions

14. Power to make rules

15. Dissolution of the Board

The Pakistan Ordinance Factories Board Ordinance, 1961

ORDINANCE NO. XVII OF 1961

[15th May, 1961]

An Ordinance to provide for the constitution of a Pakistan Ordnance Factories Board and for investing it with certain powers and functions of the Central Government in relation to the ordnance factories

WHEREAS it is expedient to provide for the constitution of a Pakistan Ordnance Factories Board and for investing it with certain powers and functions of the Central Government in relation to the ordnance factories;

Now, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-

1. Short title and commencement.-(1) This Ordinance may be called the Pakistan Ordnance Factories’ Board Ordinance, 1961.

(2) It shall come into force at once.

2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or context,---

(a) “Auditor-General” means the Comptroller and Auditor-General of Pakistan;

(b) “Board” means the Pakistan Ordnance Factories Board constituted under this Ordinance;

(d) “factory” means an ordnance factory owned by the Central Government;

(e) “member” means a member of the Board.

3. Constitution of the Board. (1) As soon as may be after the commencement of this Ordinance, the Central Government shall, by notification(For such notification see Gaz. of P., 1961, Ext., p. 1125.) in the official Gazette, constitute, for carrying out the purposes of this Ordinance, a Pakistan Ordnance Factories Board consisting of three members appointed by it.

(2) The Central Government shall appoint one of the members to be the Chairman of the Board, one to be the Financial Adviser to the Board and the third to be the Director of the Industrial and Commercial Relations of the Board.

4. Terms of office of the members.-(1) A member shall hold office for a term of four years unless sooner required to vacate by the Central Government and shall be eligible for re-appointment and shall receive such salary allowances as the Central Government may fix.

(2) Every member shall be a whole time officer of the Board and shall perform such functions as are or may be assigned to him by or under this Ordinance.

(3) Every member shall, before assuming his office as such, relinquish or divest himself of any office or interest in any corporation, company or concern other than an industry owned by the Central Government or sponsored by the Board.

5. Meetings.-(1) No business of the Board shall be transacted except at a meeting at which a quorum of two members is present.

(2) The Chairman and in his absence a member nominated by him shall preside at the meetings of the Board.

(3) At the meetings of the Board each member shall have one vote and, in the event of equality of votes, the Chairman or the member presiding shall have a second or casting vote.

6. Functions of the Board.-(1) The principal function of the Board shall be to manage and administer the affairs of the factories and to run them on sound commercial lines so as to adequately meet during war and peace the needs of the defence of the country and to utilise the surplus capacity of the factories to meet the needs of the civilian population.

(2) The Board shall, in discharging its functions, be guided on question of policy involving national interest, including defence requirements during war and peace, by such directions as the Central Government, which shall be the sole judge whether or not national interest is involved, may give from time to time.

7. Investment of the Board with certain powers. Notwithstanding anything contained in any law, regulation, rule, order, notification, agreement or other instrument for the time being applicable to any factory, or any officer or other employee appointed or engaged in, or in connection with, any factory, the Board may, in relation to such factory, officer or employee, exercise the following powers of the Central Government or of any officer authorized for the purpose by the Central Government, that is to say,-

(a) to determine the terms and conditions of service, recruitment, promotion, transfer, posting, dismissal, discharge, demotion and other disciplinary actions of all officers and other employees:

Provided that the terms and conditions of service of any officer or other employee appointed or engaged before the commencement of this Ordinance shall not be varied to his disadvantage and that he shall not be dismissed or removed from service or reduced in rank by any authority subordinate to that by which he was appointed;

(b) to appoint or engage such officers and other employees, advisers, consultants on contract as it consider necessary for the efficient discharge of its functions on such terms and conditions of service as it may determine;

(c) to carry out all technical and engineering projects or works or to enter into contract or agreement pertaining to their execution;

(d) to make all purchases of plant, machinery and stores either in the country or abroad in such manner as it thinks fit and also to dispose of stores and equipment;

(e) to fix pay of the officers and other employees wherever necessary either initially or otherwise at any stage within the pay scales prescribed by the Central Government;

(f) to utilise or incur expenditure in respect of lump sum grant allocated for the purpose in the Budget; and

(g) subject to any direction issued in this behalf by the Central Government, to frame departmental financial and accounting rules and procedure.

8. Submission of estimates of receipt and expenditures to the Central Government. (1) The Board shall, in the month of November every year, submit, in such manner and form as the Central Government may direct, to the Central Government, for making necessary provision in its Budget, a statement of the estimated receipts and expenditure pertaining to the discharge of its functions under this Ordinance in respect of the new financial year together with a statement showing separately the estimated receipts and expenditure in foreign exchange for that year.

(2) The Board shall not, without the previous sanction of the Central Government, incur any expenditure, or undertake any financial liability involving expenditure, in excess of the amount provided for in the Budget.

9. Accounts and audit.-(1) The Board shall maintain its accounts including those of the factories in such manner and form as may be a’ prescribed by the Central Government in consultation with the Auditor-General.

(2) The accounts of the Board including those of the factories shall be audited by the Auditor-General.

(3) The Board shall, as soon as possible after the end of every financial year, submit to the Central Government the statement of accounts audited by the Auditor-General.

(4) The Central Government may at any time require the Auditor-General to report to it upon the adequacy of measures taken by the Board for the efficient management of the factories.

10. Submission of annual report, returns, etc.-(1) The Board shall, as soon as possible after the end S’ of every financial year but not later than the thirty-first day of re December next following, submit to the Central Government a report on the conduct of the affairs of the Board during that year.

(2) The Central Government may require the Board to furnish it with-

(a) any return, statement, estimate, statistics or other information regarding any matter relating to, or under the control of, the Board;

(b) a report on any subject with which the Board is concerned; or

11. Delegation of powers. Subject to any rules made in this behalf by the Central Government, the Board may, by general or special order, direct that any of its powers, functions and duties under this Ordinance shall, be exercised, performed or discharged also by the Chairman or any other member or any officer of the Board specified in the order.

12. Mode of signifying communications from the Board. Any notice, determination, direction, requisition, appointment, expression of opinion, approval or sanction to be given or signified on the part of the Board for any of the purposes of, or in relation to, any powers or functions with which it has been invested under this Ordinance, shall be sufficient and binding if it is in writing signed by the Chairman or by any other person authorized by the Board to act in its behalf in respect of the matters to which such authorization may relate, and the Board shall not in any case be bound in respect of any of the matters aforesaid unless by some writing signed in the manner aforesaid.

13. Power to issue directions. The Central Government may, from time to time, issue directions to the Board to take such measures as it considers necessary for the efficient management of the factories and the Board shall comply with such directions.

14. Power to make rules. The Central Government may make rules for carrying out the purposes of this Ordinance.

15. Dissolution of the Board. The Central Government may, by notification in the official Gazette, declare that the Board shall be dissolved on such date as maybe specified therein, and the Board shall accordingly stand dissolved.