[1]THE PUNJAB ECONOMIC RESEARCH INSTITUTE
ORDINANCE, 1980
( X of
1980)
[13th November, 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 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 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 reappointing 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]
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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