| ACT
NO.XXX OF 1973 |
|
An
Act to provide for the establishment of a Pakistan Council
of Scientific and Industrial Research
WHEREAS
it is expedient to provide for the establishment of a
Pakistan council of Scientific and Industrial research to
undertake, promote and guide scientific and technological
research in respect of problems connected with the
establishment and development of industries under conditions
prevailing in Pakistan, and to encourage the extension of
the results of research to various sectors of the economic
development of the country in the best possible manner; It
is hereby enacted as follows: |
| PRELIMINARY |
| Short
Title, extent and commencement |
| This
Act may be called the Pakistan council of Scientific and
Industrial Research Act, 1973. |
 |
It
extends to the whole of Pakistan. |
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It
shall come into force at once. |
| Definitions |
| In
this Act, unless there is anything repugnant in the subject
or content, |
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"Chairman"
means the chairman of the Council; |
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"Council"
means the Pakistan Council of Scientific and Industrial
Research established under Section 3; |
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"Director",
in relation to an Institute, means the Director of the
Institute; |
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"Governing
Body" means the Governing Body of the Council; |
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"Institute"
means an institute set up by the Council; |
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"Member"
means a member of the Council; |
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"Prescribed"
means prescribed by rules made under this Act; and |
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"Registered
Council" means the Pakistan Council of Scientific and
Industrial Research registered under the societies
Registration Act, 1860 (XXI of 1860) |
| Establishment
of the Council |
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As
soon as may be after the commencement of this Act, the
Federal Government shall establish, in accordance with the
provisions of this Act, a Council to be called the Pakistan
Council of Scientific and Industrial Research. |
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The
Council shall be a body corporate by the name of the
Pakistan Council of Scientific and Industrial Research
having perpetual succession and a common seal, with power,
subject to the provision of this Act, to hold and dispose of
property, and shall be the said name sue and be sued. |
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The
headquarter of the council shall be at Islamabad |
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Until
the council is established under-sub-section |
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The
registered Council shall, notwithstanding its dissolution by
Section 22, continue to function and while so functioning be
deemed to be the Council established under the said
subsection |
| *3A
Ordinance XXII of 1969 not to apply to Council |
| Nothing
contained in the Industrial Relations Ordinance, 1969 (XXIII
of 1969), shall apply to or in relation to the Council or
any of the officers, advisers and employees appointed by it. |
| COMPOSITION
AND FUNCTIONS OF THE COUNCIL ETC |
| Composition
of the Council |
| The
Council shall consist of the following twenty-one members,
namely:- |
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Chairman
to be appointed by the Federal Government; |
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A
Finance Member, being representative of the Ministry of
Finance; |
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Two
whole- time science members, of whom at least one shall be
an engineer or a technologist, to be nominated by the
Federal Government; |
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Four
officers serving under the Federal Government, to be
nominatedby that Government; |
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Director
of Industries in each Province, ex officio; |
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Three
Directors of the institutes, to be nominated by the Federal
Government so, however, that a Director shall not be
nominated for another term until the other directors have
been members; |
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Six
representatives of industries in the private and public
sector, to be nominated by the Federal Government. |
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The
Chairman shall be the chief executive officer of the Council
and the other members, except the Finance Member, shall
perform such functions as the Council may assign to each of
them from time to time.
The
Finance Member shall exercise such powers and perform such
functions as may be prescribed.
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Term
of office of members, etc |
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Save
as hereinafter provide, a member, other than an ex officio
member, shall hold office for a period of three years from
the date of his nomination and shall be eligible for
re-nomination for such further period or periods, not
exceeding three years at any one time, as the Federal
Government may deem fit. |
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A
person who becomes, or is nominated to be, a member by
virtue of his holding an office or appointment shall cease
to be a member when he ceases to hold that office or
appointment. |
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A
member, other than an ex officio member, may at any time
resign his membership by writing under his hand addressed to
the Federal Government but shall continue to perform his
functions until his resignation has been accepted. |
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A
vacancy caused by resignation or any other reason shall be
filled by the nomination of a person qualified to fill such
vacancy. |
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The
Federal Government may at any time terminate the appointment
of the Chairman or any other member without assigning any
cause. |
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No
act or proceeding of the Council shall be invalid on the
ground only of the existence of a vacancy in, or defect in
the constitution of, the Council. |
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Function
of the Council |
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The
functions of the Council shall be - |
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To
set up and manage technological research institute
exclusively for certain selected industries and such
laboratories and centres as may be required for the
promotion of the overall technological development of the
country; |
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To
coordinate and review the work of the institutes,
laboratories and centres; |
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To
manage the existing research units of the registered Council
pending their absorption in the institutes, laboratories and
centres to be set up by the Council; and |
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To
undertake such special scientific and technological surveys
and investigations as may be referred to it by the Federal
Government from time to time |
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Meeting
of the Council, etc |
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Save
as hereinafter provided, the Council shall regulate the
procedure for its meetings. |
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Meetings
of the Council shall be called by its Chairman on such date
and at such time and place as he may deem fit; Provided that
not less than two meetings shall be held in a year. |
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Ten
members shall constitute the quorum for a meeting of the
Council. |
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Each
meeting of the Council shall be presided over by the
Chairman and, in his absence by a member elected for the
purpose by the members present. |
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Governing
Body |
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There
is Governing Body consisting of the following members,
namely:- |
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the
Chairman; |
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the
finance Members; and |
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the
two whole-time Science members. |
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The
Governing Body is the executive organ of the Council and is,
subject to the superintendence and control of the Council,
perform all functions of the Council and are guided by such
general or special instructions as may from time to time be
given to it by the Council.
Board
of Management of Institutes
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Each
Institute shall be managed by a Board of Management
consisting of seven to eleven members, depending on the size
of the institute concerned, of whom not less than two and
not more than four shall be the representatives of the
industries concerned in the private and public sectors. |
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The
Director shall be the Chairman of the Board of Management of
the institute and shall be directly responsible for the day
to day working of the institute to the Board of Management
and, through it, to the Governing Body. |
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Members
of the Board of Management, including the Director, shall be
appointed by the Council for a term of three years and shall
be eligible for reappointment for such further period or
periods, not exceeding three years at any one time, as the
Council may deem fit. |
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Funds
of Council |
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The
funds of the Council shall comprise - |
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funds
of the registered Council which stand transferred to the
Council under Section 22; |
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grants
from the Federal Government and the Provincial Governments; |
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donations
and endowments; and |
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income
and receipts from such other sources as may be approved by
the Federal Government. |
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The
Council may open a deposit account with the State Bank of
Pakistan or with any agency of the State Bank other than a
Government Treasury or, with the approval of the Federal
Government, with any other bank.
The
accounts of the Council shall be audited by the Auditor
General of Pakistan, and shall be maintained and presented
for audit in such form and manners may be prescribed.
Budget
The
Council shall, by such date and in such form as may be
prescribed, submit to the Federal government for approval
its budget for each financial year showing the estimated
receipts and expenditure and the sums which are likely to be
required from the Federal Government during that financial
year.
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Appointment
of Officers, etc |
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The
Council may, subject to the provisions of sub-section and
such general or special orders as the Federal Government may
give from time to time, appoint such officers, advisers and
employees as it consider necessary for the efficient
performance of its functions on such terms and conditions as
it may deem fit. |
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The
Federal Government may direct the Council to terminate the
services of any officer, adviser, or employee and the
Council shall be bound to comply with any such direction. |
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Delegation
of Powers |
| The
Council may, by general or special order in writing , direct
that such of its powers shall, in such circumstances and
under such conditions, if any, as may be specified in the
order, be exercisable also by the Governing Body, the Board
of Management of an Institute, or a member or officer of the
Council. |
| MISCELLANEOUS |
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Submission
of periodical reports, etc
The Council
shall submit to the Federal Government at such time and at
such intervals as the Federal Government may specify:-
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annual
report on the working of the Council and of each Institute,
laboratory and centre established by the Council; |
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such
periodical report and summaries as may be required by the
Federal Government. |
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such
periodical returns, accounts, statements and statistics as
may be required by the Federal Government; |
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information
and comments asked for by the Federal Government on any
specific point; |
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copies
of the documents required by the Federal Government; and |
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original
documents required by the Federal Government for examination
or any other purpose. |
| Directive
from the Federal Government |
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The Federal
Government may, from time to time, issue to the Council such
directives and orders as it may consider necessary for
carrying out the purpose of this Act and the Council shall
follow and carry out such directives and orders.
Discoveries
and inventions to vest in the Council
All rights
relating to discoveries and inventions and any improvements
in materials, methods, processes, apparatus or equipment
made by any officer or employee of the Council in the curse
of his employment shall vest in the Council.
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| Declaration
of Fidelity & Secrecy |
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Every
member, adviser, officer or other employee of the Council
shall make such declaration of fidelity and secrecy as may
be prescribed.
Power to
make rule
The Federal
Government may, by notification in the official gazette,
make rules for carrying out the purposes of this Act.
Power to
make regulations
The Council
may, with the previous sanction of the Federal government,
make such regulations, not inconsistent with this Act of the
rules made thereunder, as may, in its opinion, be necessary
or expedient for the achievement of its aims and objects or
for the performance of its functions.
Continuance
of certain rules
All rules,
regulations and bye-laws made by the registered Council and
in force immediately before the commencement of this Act
shall, mutatis mutandis, and so far as they are not
inconsistent with any of the provisions of this Act,
continue in force until repealed or altered by rules or
regulations made under this Act.
Winding up
No
provision of law relating to the winding up of bodies
corporate shall apply to the Council and the Council shall
not be wound up except by order of the Federal Government
and in such manner as the Federal Government may direct.
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| Dissolution
of Registered Council |
| Upon
the commencement of this Act, the registered Council shall,
notwithstanding anything contained in the Societies
Registration Act, 1860 (XXI of 1860), stand dissolved, and
upon such dissolution - |
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all
assets, rights, powers, authorities and privileges and all
property, movable and immovable, cash and bank balance,
reserve funds, investments and all other interests and
rights in, or arising out of such property and all debts,
liabilities and obligations of whatever kind of the
registered Council subsisting immediately before its
dissolution shall stand transferred to and vest in the
Council; |
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all
officers and other employees of the registered Council
shall, notwithstanding anything contained in any law or in
any agreement, deed, documents or other instrument, stand
transferred to the Council and shall be deemed to have been
appointed or engaged by the Council in accordance with the
terms and conditions of service applicable to them; and no
officer or other employee whose services are so transferred
shall be entitled to any compensation because of such
transfer; |
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all
debts and obligations incurred or contracts entered into or
rights acquired and all matters and things engaged to be
done by, with or for the registered Council before its
dissolution shall be deemed to have been incurred, entered
into, acquired or engaged to be done by, with or for the
Council; and |
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all
suits and other legal proceedings instituted by or against
the registered Council before its dissolution shall be
deemed to be suits and proceedings by or against the Council
and may be proceeded or otherwise dealt with accordingly. |
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The
Federal Government may, for the purpose of removing any
difficulty in relation to the transfer and other matters
specified in sub-section
make
such order as it considers expedient and any such order
shall be deemed to be, and given effect to, as a part of the
provisions of this Act.
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