[1]THE
PUNJAB ECONOMIC RESEARCH INSTITUTE ORDINANCE,
1980
(Ordinance X of 1980)
[13
November 1980]
An Ordinance to provide for the
establishment of the
Preamble.– WHEREAS it is expedient to provide
for the establishment of the Punjab Economic Research Institute as a statutory
body and for matters ancillary 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 Punjab is pleased to make and promulgate the following
Ordinance:-
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 Punjab ;
(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 Lahore .
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 Punjab , Finance Department;
(3) Secretary to Government of the Punjab , Agriculture Department;
(4) Secretary to Government of the Punjab , Industries Department;
(5) Secretary to Government of the Punjab , Education Department;
(6) Chief Economist, Planning and Development
Department, Government of the Punjab ;
(7) Additional Secretary (Development), Planning
and Development Department, Government of the Punjab ;
(8) Director of the Institute; and
(9) three non-official members [2][including at
least one female member] 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.
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