ACT V OF 2014
An Act further to amend the
[Gazette of
No.PAP-Legis-2(22)/2014/1057. The Punjab Development of Cities (Amendment) Bill
2014, having been passed by the Provincial Assembly of the Punjab on 13 March
2014, and assented to by the Acting Governor of the Punjab on 18 March 2014, is
hereby published as an Act of the Provincial Assembly of the
Whereas it is
expedient further to amend the Punjab Development of Cities Act, 1976 (XIX of
1976) for purposes hereinafter appearing;
It is enacted as
follows:--
1. Short
title and commencement.--(1) This Act
may be cited as the Punjab Development of Cities (Amendment) Act 2014.
(2) It shall come into force at once.
2. Amendment
in Section 2 of Act XIX of 1976.--In
the Punjab Development of Cities Act, 1976 (XIX of 1976), hereinafter referred
to as the said Act, for Section 2, the following shall be substituted:--
"2. Definitions.--In this Act--
(a) "Agency"
means an Agency established by the Authority to perform one or more of its
functions under the Act;
(b) "area" means the whole or any
part of the city;
(c) "Authority"
means the Authority established under Section 4 of the Act;
(d) "Chairman" means Chairman of the
Authority;
(e) "Chief
Officer" means the Chief Officer of the Municipal Corporation;
(f) "city"
means an area declared by the Government to be a city for purposes of this Act;
(g) "Commissioner" means Commissioner
of the Division;
(h) "controlled
area" means an area notified as controlled area by the Authority;
(i) "Director
General" means the Director General of the Authority appointed under Section
11 of this Act;
(j) "District
Coordination Officer" means the District Coordination Officer of the District
and includes any other officer appointed by the Government to exercise all or
any of the powers and discharge any of the functions of the District Coordination
Officer by whatever designation called;
(k) "Government"
means Government of the
(l) "Government
agency" includes—
(i) a division, department, bureau, section,
commission, board, office, or unit of the Government;
(ii) a
local government; and
(iii) a developmental or any other public authority,
company or corporation owned or controlled by the Government or a local
government;
(m) "land"
includes earth, water and air, above, below or on the surface and any improvements
in the structure customarily regarded as land and the benefits arising out of
land and things attached to earth or permanently fastened to earth;
(n) "local
government" means a local government as defined in the Punjab Local Government
Act 2013 (XVIII of 2013) or under any other law for the time being in force;
(o) "Mayor"
means the Mayor of the Municipal Corporation concerned;
(p) "member"
means a member of the Authority and includes its Chairman;
(q) "person"
includes an individual, company, firm, institution, Government agency, co-operative
society or association of individuals whether incorporated or not; and
(r) "prescribed"
means prescribed by rules or regulations."
3. Amendment in
Section 4 of Act XIX of 1976.--In the
said Act, in Section 4--
(a) for sub-section (4), the following shall be
substituted:--
"(4)
The Authority shall consist of the Chairman who shall be the Chief Minister or
any other person nominated by him, and the following members:--
(a) three members, including one woman member,
of Provincial Assembly of the
(b) Mayor;
(c) Chairman Planning and Development Board or
his representative not below the rank of Additional Secretary;
(d) Secretary to Government, Finance Department
or his representative not below the rank of Additional Secretary;
(e) Secretary to Government, Housing, Urban
Development and Public Health Engineering Department or his representative not
below the rank of Additional Secretary;
(f) Secretary to Government, Local Government
and Community Development Department or his representative not below the rank
of Additional Secretary;
(g) Commissioner;
(h) District
Coordination Officer;
(i) Director
General;
(j) all
Managing Directors; and
(k) two technical experts to be nominated by
the Government;"; and
(b) for sub-section (5), the following shall be
substituted:--
"(5)
The Government may, by notification, alter, increase or decrease the membership
of the Authority."
4. Amendment in
Section 12 of Act XIX of 1976.--In
the said Act, in Section 12, in sub-section (5), for the expression "Punjab
Local Government Ordinance, 2001 (XIII of 2001)", the expression
"Punjab Local Government Act 2013 (XVIII of 2013)" shall be substituted.
5. Amendment in
Section 18 of Act XIX of 1976.--In
the said Act, in Section 18, for the expression "Punjab Local Government
Ordinance, 2001 (XIII of 2001)", the expression "Punjab Local
Government Act 2013 (XVIII of 2013)" shall be substituted.
6. Amendment in
Section 24 of Act XIX of 1976.--In
the said Act, for Section 24, the following shall be substituted :--
"24.
Acquisition.- The Authority may, in accordance with law, acquire any land or
property within the controlled area."
7. Omission of Section
25 of Act XIX of 1976.--In the said
Act, Section 25 shall be omitted.
8. Amendment in
Section 26 of Act XIX of 1976.--In
the said Act, in Section 26, in sub-section (5), the words "City
District" shall be omitted.
9. Amendment in
Section 27 of Act XIX of 1976.--In
the said Act, in Section 27, in sub-section (1), the words "City District
Government and the Provincial" shall be omitted.
10. Amendment
in Section 30 of Act XIX of 1976.--In
the said Act, for Section 30, the following shall be substituted :--
"30.
Budget.--(1) The Authority shall
prepare, in such manner and at such time as may be prescribed, a budget in respect
of the next ensuing financial year showing the estimated receipts and
expenditure of the Authority and each of its Agencies and shall submit the
budget to the Government for approval.
(2) If the Government fails to approve the budget,
with or without modifications, within thirty days of its receipt, the budget
prepared by the Authority shall be deemed to be the approved budget of the
Authority."
11. Amendment
in Section 32 of Act XIX of 1976.--In
the said Act, for Section 32, the following shall be substituted:--
"32. Penalty--(1) If a person contravenes any provision of this Act, or any rules or
regulations made under this Act, he shall, if no other penalty is provided for
such contravention, be liable to punishment with an imprisonment for a term which
may extend to one year or with fine which may extend to two hundred thousand
rupees or with both.
(2) The
Magistrate competent to try an offence under sub-section (1) may try the
offence in a summary manner in accordance with the provisions of sections 260
to 265 of the Code of Criminal Procedure, 1898 (V of 1898)."
12. Amendment
in Section 34 of Act XIX of 1976.--In
the said Act, for Section 34, the following shall be substituted:--
"34. Offences
and cognizance.--(1) If a person
commits an offence specified in--
(a) Part-A of
the Schedule appended to this Act, such person shall be liable to punishment
with imprisonment for a term which may extend to seven years or with fine which
may extend to five hundred thousand rupees or with both and where an accused
was directed by the Authority for immediate discontinuance of the offence, the
Court may impose a further fine which may extend to fifty thousand rupees for
every day during the period the accused has persisted in the offence from the
date of its commission; and
(b) Part-B of
the Schedule appended to this Act, he shall be liable to punishment with
imprisonment for a term which may extend to three years or with fine which may
extend to one hundred thousand rupees or with both and where an accused was directed
by the Authority for immediate discontinuance of the offence, the Court may
impose a further fine which may extend to ten thousand rupees for every day
during the period the accused has persisted in the offence from the date of its
commission.
(2) An offence
punishable under sub-section (1) shall be cognizable on a complaint in writing
of an officer authorized by the Authority to the officer incharge of the police
station."
13. Amendment
in Section 35 of Act XIX of 1976.—In
the said Act, in Section 35, in Subsection (1), the words “City District
Government and the Provincial” shall be omitted.
14. Amendment
in Section 37 of Act XIX of 1976.--In
the said Act, for Section 37, the following shall be substituted:--
"37.
Conversion of property to a different use.--If a person converts a property to use or purpose other than the one
provided under a scheme, master plan or classification map within the
controlled area without the previous approval in writing of the Authority, he
shall be liable to punishment with imprisonment for a term which may extend to
one year or with fine which may extend to ten thousand rupees per day from the
date of its conversion till the default continues or with both."
15.Insertion of Schedule in Act XIX of 1976.--In the said Act, after Section 48, the following
Schedule shall be inserted:--
"SCHEDULE
(see Section 34)
Part-A
1. Discharging
any dangerous chemical, inflammable, hazardous or offensive article in any
drain, or sewer, public water course or public land vested in, managed, maintained
or controlled by the Authority or an Agency in such manner as causes or is
likely to cause danger to persons passing by or living or working in neighbourhood,
or risk or injury to property or causing harm to the environment.
2. Failure
of industrial or commercial concerns or such property holders to provide adequate
and safe disposal of affluent or prevention of their mixing up with the water
supply or sewerage system.
Part-B
1. Willfully
obstructing any officer or servant of Authority or any person authorized to exercise
power conferred under this Act.
2. Failure
to deliver back possession of a property to the Authority on expiration or cancellation
of lease or allotment or exemption of a plot.
3. Doing an
act without license, approval or permission when the doing of such act requires
a license or permission under any of the provisions of the Act, the rules or
regulations.
4. Violation
of the master plan, building plan or sanctioned site development scheme
including the plans and schemes sanctioned under the repealed enactments,
allotting, selling or using the land for the purpose other than the approved
layout plan.
5. Erection
or re-erection of building over set back area or parking area or building line
area required to be left open under the rules or bylaws for using such space for
any purpose which is not approved.
6. Changing
or converting into any other use any portion of a commercial or residential
building or area specified or earmarked for public parking or amenities.
7. Establishing
any parking stand on any property or on any open space and public park or land
vested in or managed, maintained or controlled by the Authority or any Agency.
8. Establishing
temporary shops or running any restaurant or vending stalls for eatables, wooden
khokhas or any sort of commercial activity on any road, street, footpath,
public place, over a drain, or any other property vesting in the Authority.
9. Obstructing
or tampering with any road, street, drain or sewer pipe or pavement or
tampering with any main pipe, meter or any apparatus or appliance for the supply
of water or sewerage system or laying out a drain or altering any drain in a
street or road.
10. Connecting
any house drain with a drain in a public street without approval of the Authority.
11. Drawing
off, diverting or taking any water except with the permission required under
this Act, rules or regulations.
12. Willfully
causing damage, or allowing damage to be caused to any property which vests in
the Authority, or which is intended to be acquired by the Authority, or unlawfully
converting it to his own or any other person's use.
13. Refusal
or willfully neglecting to provide any officer or servant of the Authority with
the means necessary for entering into any premises for purposes of collecting
any information or making an examination or enquiry in relation to any water
works.
14. Failure
or neglect of the sponsor to abide by or fulfill the commitment made to a person
regarding allotment of a plot, housing unit or price of the same in any scheme.
15. Without
lawful excuse, filing or refusing to comply with any direction or order issued
by the Authority under this Act.
16. Unauthorized
occupation without permission of the owner of land or plot in a housing scheme
developed and controlled by the Authority.
17. Attempting to commit or abetting the
commission of an offence punishable under this Act."
16. Repeal.—The Punjab Development of Cities (Amendment) Ordinance
2014 (I of 2014) is hereby repealed.
-----------------------
ACT VI OF 2014
An Act to provide for the establishment of the
[Gazette of
No.PAP-Legis-2(23)/2014/1058.--The Lahore Garrison University Bill 2014, having been
passed by the Provincial Assembly of the Punjab on 13 March 2014, and assented
to by the Acting Governor of the Punjab on 18 March 2014, is hereby published
as an Act of the Provincial Assembly of the Punjab.
Preamble.--Whereas
it is expedient to provide for the establishment of the
It is enacted as
follows;--
CHAPTER I
PRELIMINARY
1. Short
title and commencement.--(1) This Act
may be cited as the Lahore Garrison University Act 2014.
(2) It shall come into force at once.
2. Definitions.--In this Act--
(a) "Academic
Council" means the Academic Council of the University;
(b) "Authority"
means an Authority of the University specified in Section 17;
(c) "Board" means the Board of
Governors of the University;
(d) "Chancellor" means the Governor
of the
(e) "chairperson"
means the head of a department, principal of a constituent college or director
of an Institute;
(f) "constituent
college" means a college maintained and administered by the University;
(g) "Controller
of Examinations" means the Controller of Examinations of the University;
(h) "Dean" means the head of a
faculty of the University;
(i) "department"
means a teaching department maintained and administered by the University in
the prescribed manner;
(j) "faculty"
means an administrative and academic unit of the University consisting of one or
more departments as prescribed;
(k) "Government"
means Government of the
(l) "Higher
Education Commission" means the Higher Education Commission established under
the Higher Education Commission Ordinance 2002 (LIII of 2002);
(m) "Institute"
means an Institute established, maintained and administered by the University;
(n) "prescribed"
means prescribed by the rules, statutes or regulations;
(o) "Registrar" means the Registrar
of the University;
(p) "Schedule" means the Schedule
appended to the Act;
(q) "Search
Committee" means the Search Committee constituted by the Board for making recommendations
for appointment of the Vice Chancellor;
(r) "Society"
means the Lahore Garrison Education Trust, a Society registered under the Societies
Registration Act, 1860 (XXI of 1860);
(s) "statutes",
"regulations" and "rules" mean respectively the statutes,
regulations and rules made under the Act;
(t) "teacher"
includes a Professor, Associate Professor, Assistant Professor or Lecturer engaged
whole time by the University and such other person as may be prescribed;
(u) "Treasurer"
means the Treasurer of the University;
(v) "University"
means the
(w) "Vice
Chancellor" means the Vice Chancellor of the University.
CHAPTER II
THE UNIVERSITY
3. Establishment
of the University.--(1) The
Government shall, by notification, establish a University to be called the
(2) The University shall be a body corporate
having perpetual succession and a common seal with power to acquire, hold and
dispose of property and shall, by the said name, sue and be sued.
(3) The University shall consist of the following:--
(a) Chancellor,
Chairman and members of the Board and the Vice Chancellor;
(b) chairpersons and the Deans;
(c) members of an Authority;
(d) teachers and the students of the
University; and
(e) officers and members of the staff of the
University.
4. Functions
of the University.--The University
shall—
(a) provide instruction and training in--
(i) social sciences, basic sciences,
languages, and computer sciences; and
(ii) such other branches of knowledge, except
medical, dental, allied health sciences or nursing education, as the Board may
determine with the approval of the Chancellor given on the recommendation of a
committee constituted by the Government and, where applicable, subject to the
prior approval of the relevant statutory body of a professional education;
(b) establish,
maintain and administer a department, constituent college or an Institute;
(c) establish
and support other facilities for education, training and research;
(d) prescribe courses of studies;
(e) decide
teaching methods and strategies in order to ensure the most effective educational
and training programs;
(f) hold
examinations in the prescribed manner and, if a person qualifies the examination,
award degree, diploma, certificate and other academic distinction to the
person;
(g) prescribe
the terms and conditions of employment of the officers, teachers and other
employees of the University;
(h) engage,
where necessary, a person on contract of specified duration and to specify the
terms of the engagement;
(i) institute
programs for the exchange of students and teachers between the University and
any other university, educational institution or research organization;
(j) provide
career counseling and job search services to the students and alumni;
(k) maintain
linkages with alumni;
(l) develop
and implement fund-raising plans;
(m) provide
and support the academic development of the faculty of the University;
(n) confer
degree on a person who has successfully conducted research in the prescribed
manner;
(o) accept an
examination and the period of study spent by a student of the University at any
other university or place of learning equivalent to an examination or period of
study of the University and may withdraw such acceptance;
(p) cooperate
with a public authority, university or private organization in the manner and
for the purpose as may be prescribed;
(q) institute
Professorship, Associate Professorship, Assistant Professorship and Lecturership
or any other post and may appoint a person on the post;
(r) create a
post for research, extension, administration or other related purpose and may
appoint a person on the post;
(s) institute
and award financial assistance to students in need, fellowships, scholarships,
bursaries, medals and prizes of an amount not being less than two percent of
the annual income of the University;
(t) provide
for the residence of the students, establish and maintain halls of residence
and may approve or licence a hostel, lodging or boarding place;
(u) maintain
order, discipline and security in a campus of the University;
(v) promote
the extra curricular and recreational activities of the students and make
arrangements for promoting health and general welfare of the students;
(w) demand and
receive such fees and other charges from the students as it may determine and
as mentioned in the annual prospectus;
(x) make
provision for research, advisory or consultancy services and enter into arrangements
with any other institution, public or private body, commercial or industrial
enterprise in the prescribed manner;
(y) receive
and manage property transferred and grants, contributions made to the University
and to invest any fund in the manner as it may deem fit;
(z) print and
publish research or any other work; and
(aa) perform
any other prescribed or an ancillary function.
5. University
open to all.--(1) Subject to the
reasonable restrictions as may be prescribed, the University shall be open to
all persons and admission to the University shall not be denied on the basis of
gender, religion, race, creed, colour or domicile.
(2) The University shall not discriminate against
any person solely on the basis of gender, religion, race, creed, colour or
domicile.
6. Jurisdiction.--(1) The jurisdiction of the University shall be
restricted to the Province of the
(2) The University shall not open any sub-campus
for a period of ten years from the commencement of this Act after which period
it may open a sub-campus, with the approval of the Government.
CHAPTER III
OFFICERS OF THE UNIVERSITY
7. Officers
of the University.--The following
shall be the officers of the University--
(a) the Chancellor;
(b) the Vice Chancellor;
(c) the Deans;
(d) the chairpersons;
(e) the Registrar;
(f) the Treasurer;
(g) the Controller of Examinations; and
(h) such other persons as may be prescribed by
the statutes or regulations to be the officers of the University.
8. Chancellor.--(1) The Chancellor or his nominee shall preside at a
convocation of the University.
(2) The University may confer honorary degree
subject to the prior approval of the Chancellor.
(3) The Chancellor may approve the draft statutes
submitted by the Board or refer the statutes back to the Board for
reconsideration.
(4) In the performance of his functions under the
Act, the Chancellor shall act and be bound in the same manner as the Governor
of the Province acts and is bound under Article 105 of the Constitution of the
Islamic Republic of Pakistan.
9. Inspection
and inquiry.--(1) The Chancellor may
direct inspection or inquiry into the affairs of the University.
(2) The Chancellor shall convey his views with
regard to the result of the inspection or inquiry to the Board and may, after
ascertaining the views of the Board, direct any remedial action to the Board.
(3) The Board shall, within the time specified by
the Chancellor, submit compliance report to the Chancellor about the action
taken on the direction of the Chancellor.
(4) If the Board fails to take action to the
satisfaction of the Chancellor within the specified time, the Chancellor may
issue such direction as he thinks fit and the Board shall comply with the
direction.
(5) The Chancellor may, on the recommendation of
a committee constituted by him and comprising a nominee of the Board, a Judge
of the Lahore High Court to be nominated by the Chief Justice of the High Court
and a Professor Emeritus or Vice Chancellor of any university, take action
against the University by appointing an administrator, who shall exercise the
powers of the Board to run the affairs of the University till such time as may
be specified by the Chancellor.
(6) The Chancellor shall not take any action
under sub-section (5), unless the Chairman of the Board is afforded an
opportunity of hearing.
(7) The Chancellor may set aside a decision or
action of the Board, which, in the opinion of the Chancellor, is against the
interest of academic excellence, religious or cultural ideology or national
integrity.
10. Vice
Chancellor.--(1) The Government
shall, on the recommendation of the Search Committee, appoint a person as Vice
Chancellor on such terms and conditions as may be determined on the
recommendations of the Board.
(2) The Vice Chancellor shall be the person who
possesses the qualifications and experience as may be prescribed by the
Government.
(3) The Vice Chancellor shall perform such
functions as are assigned to him by the Board.
11. Powers of
the Vice-chancellor.--(1) The Vice
Chancellor shall be the chief executive officer of the University responsible
for administrative and academic functions of the University and for ensuring
that the provisions of the Act, rules, statutes and regulations are observed in
all the affairs of the University.
(2) The Vice-Chancellor may attend meeting of any
Authority or body of the University.
(3) Subject to the conditions as may be
prescribed by the Board, the Vice Chancellor may, in an emergency, take an
action which is not otherwise in the competence of the Vice Chancellor and
within three days of taking of such action, submit a report of the action taken
to the Chairman of the Board.
(4) Subject to the general supervision and
control of the Board, the Vice-Chancellor may--
(a) direct a
teacher, officer or other employee of the University to take up such assignment
in connection with examination, administration or any other activity in
relation to the University;
(b) sanction
by re-appropriation an amount for an unforeseen item not provided for in the budget
of the University;
(c) make
appointments of such categories of employees of the University and in such manner
as may be prescribed;
(d) take
disciplinary action against a teacher, officer or any other employee of the
University in the prescribed manner;
(e) delegate,
subject to such conditions as may be prescribed, any of his powers to a teacher
or officer of the University; and
(f) exercise such other powers as may be
prescribed.
(5) The Vice Chancellor shall prepare an annual
report containing information as regards the preceding academic year including
disclosure of all relevant facts pertaining to academics, research, administration
and finances of the University including details of income and expenditures.
(6) The Vice Chancellor shall, within three
months of the end of an academic year, submit the annual report of the
University before the Board.
12. Acting Vice
Chancellor.--Subject to the
conditions as may be prescribed, if the office of the Vice Chancellor is
vacant, or the Vice Chancellor is absent or is unable to perform the functions of
his office due to illness, or some other cause, the Chairman of the Board shall
make arrangements for the performance of the duties of the Vice Chancellor by
such other person, as the Chairman may deem fit and the Search Committee shall,
within four months from the date of vacancy in the office of Vice Chancellor,
send its recommendations to the Government for appointment of the Vice
Chancellor.
13. Registrar.--(1) The Board shall, on the recommendation of the Vice
Chancellor, appoint a Registrar of the University on such terms and conditions
as may be prescribed.
(2) The Board shall not appoint a person as
Registrar unless he possesses the prescribed qualifications and experience.
(3) The Registrar shall be a full-time officer of
the University and shall—
(a) be the
administrative head of the secretariat of the University and be responsible for
the provision of secretariat support to the Board and the Vice Chancellor;
(b) be the
custodian of the common seal and the academic records of the University;
(c) maintain
a register of the students and graduates in the prescribed manner;
(d) supervise
the process of election, appointment or nomination of a member to an Authority
or body of the University in the prescribed manner; and
(e) perform such other duties as may be
prescribed.
(4) The Registrar shall hold office for a
renewable term of three years.
14. Controller
of Examinations.--(1) The Board
shall, on the recommendation of the Vice Chancellor, appoint a Controller of
Examinations of the University on such terms and conditions as may be
prescribed.
(2) The Board shall not appoint a person as
Controller unless he possesses the prescribed qualifications and experience.
(3) The Controller shall be a full-time officer
of the University and shall be responsible for all matters connected with the
conduct of examinations and perform such other duties as may be prescribed.
(4) The Controller shall hold office for a
renewable term of three years.
15. Treasurer.--(1)The Board shall, on the recommendation of the Vice
Chancellor, appoint a Treasurer of the University on such terms and conditions
as may be prescribed.
(2) The Board shall not appoint a person as
Treasurer unless he possesses the prescribed qualifications and
experience."
(3) The Treasurer shall be the chief financial officer
of the University and shall--
(a) manage
the assets, liabilities, receipts, expenditures, funds and investments of the
University;
(b) prepare
the annual and revised budget estimates of the University and present the
estimates to the Board;
(c) ensure
that the funds of the University are spent according to the budget or any other
special arrangement;
(d) ensure
that the accounts of the University are audited annually and are available for
submission to the Board within six months of the end of a financial year; and
(e) perform
such other functions as may be prescribed or assigned to him by the Board.
(4) The Treasurer shall hold office for a
renewable term of three years.
16. Appointments.--The University may appoint such persons in its
services as may be necessary on such terms and conditions as may be determined
by the Board.
CHAPTER IV
AUTHORITIES OF THE UNIVERSITY
17. Authorities
of the University.--The following
shall be the Authorities of the University—
(a) the Board of Governors;
(b) the Academic Council;
(c) the Boards of Faculties;
(d) the Board of Advanced Studies and Research;
(e) the Selection Board;
(f) the Finance and Planning Committee; and
(g) any other Authority as may be prescribed by
the statutes or the regulations.
18. Board of Governors.--(1) The Board of Governors of the University shall consist
of the following:--
(a) the Chairman, Board of Trustees of the
Society;
(b) the Vice Chancellor;
(c) four
persons, including at least one woman, to be nominated by the Society;
(d) two persons,
including at least one woman, from amongst eminent scholars, business persons
or academicians to be nominated by the Government;
(e) two
members of the Provincial Assembly of the
(f) the
Chairman, Higher Education Commission or his nominee not below the rank of a
Director;
(g) a Vice
Chancellor of a public sector university in the
(h) Secretary
to the Government, Higher Education Department or his nominee not below the
rank of an Additional Secretary.
(2) The Chairman of the Board of Trustees of the
Society shall be the Chairman of the Board and the Vice Chancellor shall be the
Vice Chairman of the Board.
(3) Members of the Board other than ex-officio
members shall hold office for a term of three years and shall be eligible for
re-appointment on the expiry of their term of office.
(4) The quorum for a meeting of the Board shall
be one half of the total number of members with at least three ex-officio
members.
(5) The Registrar shall be the Secretary of the
Board and the Secretary shall, with the approval of the Chairman of the Board,
call the meeting of the Board.
(6) The Society may fill a casual vacancy
occurring because of death or resignation of a member of the Board nominated by
the Society to the extent of the remainder of the term of the former member.
19. Powers and
duties of the Board.--(1) The
administration and management of the affairs of the University shall vest in
the Board.
(2) Without prejudice to the generality of the
aforesaid power and subject to this Act, the Board may—
(a) formulate
or approve the principles, policies and plans governing the activities and
operations of the University so as to facilitate research, teaching and other
academic work;
(b) recommend the statutes to the Chancellor;
(c) make or approve regulations;
(d) create a
component of the University such as faculty, department, constituent college or
Institute, subject to the provisions of the Act;
(e) constitute
a committee, council and any other administrative or academic advisory body;
(f) create
such academic or administrative posts as it may deem necessary and to approve
appointments to such posts as it may specify;
(g) hold, control
and administer the property, funds and resources of the University and raise
funds for the purpose of the University upon such security as may be required
under the regulations;
(h) undertake
the responsibility for the financial viability of the University including
responsibility for ensuring effectiveness of its operations, their continuity
and preservation of the autonomy of the University;
(i) consider
and pass through a resolution the annual report, plan of work, statement of
accounts and the annual budget estimates;
(j) call for
and consider reports relating to the activities of the University and may
direct the Vice Chancellor to furnish information relating to any matter
specified by the Board; and
(k) take all
such initiatives as it may consider necessary or desirable for the efficient
and effective management and functioning of the University.
(3) The Board
shall recommend statutes to the Chancellor and the statutes shall come into
force if the same are approved by the Chancellor.
20. Business of
the Board.--(1) The meetings and
business of the Board shall be conducted in such manner and in accordance with
such procedure as may be prescribed in the regulations and until these matters
are prescribed, as may be determined by the Board.
(2) The
statutes, regulation or proceeding of the Board shall not be invalid by reason
of any vacancy or defect in the constitution of the Board.
21. Delegation
of powers.--The Board may delegate to
any person or a committee any of its powers, duties or functions.
22. Academic
Council.--(1) The Academic Council
shall consist of--
(a) the Vice Chancellor (Chairman);
(b) all the Deans;
(c) all the chairpersons;
(d) the Controller of Examinations;
(e) all the Professors of the University;
(f) nominee
of the Secretary to the Government, Higher Education Department not below the
rank of a Deputy Secretary;
(g) two
Associate Professors, two Assistant Professors and two Lecturers to be nominated
by the Board;
(h) three
persons, including at least one woman, eminent in the field of art or science
of whom at least one shall be from each category, to be nominated by the Board;
(i) Director
Academics of the Higher Education Commission; and
(j) the Registrar (Member/Secretary).
(2) A nominated member shall hold office for a
renewable term of three years.
(3) The quorum for a meeting of the Academic
Council shall be one half of the total number of members of the Academic
Council.
23. Powers and
duties of Academic Council.--(1) The
Academic Council shall be the academic body of the University and may, subject
to the statutes, lay down proper standards of instruction, research,
publication and examination and to regulate and promote the academic life of
the University.
(2) Without prejudice to the generality of the
foregoing powers and subject to the provisions of this Act, rules, statutes and
regulations, the Academic Council may--
(a) advise the Board on academic matters;
(b) regulate the conduct of teaching, research
and publication;
(c) regulate
the admission of students to the courses of studies and examinations in the
University;
(d) regulate
the conduct and discipline of the students of the University;
(e) propose
to the Board, scheme for the constitution and organization of faculties,
teaching departments, constituent colleges and institutes;
(f) consider
or formulate proposals for the planning and development of teaching and
research in the University;
(g) recommend
regulations prescribing the courses of studies, the syllabi and the outlines of
tests for the University examinations to the Board;
(h) regulate
the award of studentships, scholarships, exhibitions, medals and prizes;
(i) frame Regulations for submission to the
Board;
(j) appoint
or nominate members to the various Authorities in accordance with the provisions
of this Act; and
(k) perform
such other functions as may be prescribed by the statutes.
CHAPTER V
FINANCIAL PROVISIONS
(2) The University may accept donations in the
shape of land, vehicle, equipment or any other item that may facilitate the
functioning of the University and all such donations shall be used, maintained
and disposed of by the University in the prescribed manner.
25. Budget,
audit and accounts.--(1) The budget
of the University shall be approved and its accounts shall be maintained and
audited in such manner as may be prescribed by the Board.
(2) The Board may approve the budget of the
University, appropriations of accounts of the University and settle an audit
para relating to the audit of the University.
(3) The Board may delegate the power of
appropriation or re-appropriation of funds upon any of the officers of the
University.
CHAPTER VI
MISCELLANEOUS
26. Rules.--The Government may, by notification, make rules for
carrying out the purposes of this Act.
27. Statutes.--Subject to the rules, the Chancellor may approve
statutes on the recommendation of the Board in order to provide for and to
regulate any matter relevant to the University.
28. First
statutes.--Notwithstanding anything
to the contrary contained in this Act, the statutes set out in the Schedule
shall be deemed to have been the statues made under Section 27 and shall
continue to remain in force until amended or repealed in accordance with the
provisions of this Act,
29. Regulations.--Subject to the rules and statutes, the Board may, make
regulations for the proper administration and management of the affairs of the
University.
30. Removal of
difficulties.--If any difficulty
arises in giving effect to any of the provisions of this Act, the Board may,
with the approval of the Government, give such directions, not inconsistent
with this Act, as it may consider necessary for the removal of such difficulty.
31. Savings.--Notwithstanding anything contained in this Act, an
examination conducted by the proponents of the University, prior to the coming
into force of this Act, shall be deemed to be the examination conducted by the
University under this Act and the University may award degree, diploma or
certificate on the basis of such examination.
SCHEDULE
(see Section 28)
THE FIRST STATUTES
1. Faculties.--There shall be a faculty for a teaching department or
a group of teaching departments. The University shall include the following
faculties and such other faculties as may be prescribed:--
(a) faculty
of Basic Sciences (Departments of Mathematics, Physics and Chemistry);
(b) faculty of Social Sciences (Department of
Psychology);
(c) faculty
of Languages (Department of English Language and Literature); and
(d) faculty
of Computer Sciences (Department of Information Technology).
2. Board of
Faculty.--(1) There shall be a Board
of Faculty for each faculty which shall consist of--
(a) the Dean of the faculty;
(b) the Professors and the chairpersons in the
faculty;
(c) two
teachers including at least one woman teacher to be nominated by the Academic
Council due to their specialized knowledge of the subjects which, though not
assigned to the faculty, have in the opinion of the Academic Council',
important bearing on the subjects assigned to the faculty;
(d) two
experts including at least one woman in the field from outside the University to
be appointed by the Board; and
(e) one member to be nominated by the Vice
Chancellor.
(2) The members other than ex-officio members of
a Board of Faculty shall hold office for a period of three years.
(3) The quorum for a meeting of a Board of
Faculty shall be one half of the total number of members.
(4) A Board of Faculty, subject to the general
control of the Academic Council and the Board, may--
(a) co-ordinate
the teaching and research work in the subjects assigned to the faculty;
(b) scrutinize
the recommendations of a Board of Studies comprising a faculty with regard to
the appointment of paper-setters and examiners for graduate and postgraduate
examinations and to forward the panels of suitable paper setters and examiners
for each examination to the Vice Chancellor;
(c) consider
any other academic matter relating to the faculty and to submit its report to
the Academic Council;
(d) prepare a
comprehensive annual report regarding the performance of each department,
constituent college or Institute comprising the faculty for presentation to the
Academic Council; and
(e) perform
such other functions as may be prescribed by statutes.
(5) The Dean of the faculty shall be the Chairman
and convener of the Board of Faculty.
(6) The Dean shall be appointed by the Board from
amongst the three senior most Professors of the faculty on the recommendations
of the Vice Chancellor and shall hold office for a period of three years and
shall be eligible for reappointment.
(7) The Dean shall present candidates for
admission to degree, except honorary degrees, courses falling within the
purview of the faculty.
(8) The Dean shall have such powers and duties as
may be prescribed by the Board on the recommendations of the Vice Chancellor.
3. Academic
department, constituent college and Institute.--(1) There shall be an academic department, constituent
college or an Institute for each subject or a group of subjects, as may be
prescribed by the regulations and each academic department, constituent college
or Institute shall be headed by a head of department, principal of the constituent
college and director of the Institute, collectively called chairperson.
(2) The Board shall, on the recommendations of
the Vice Chancellor, appoint the chairperson from amongst three senior most
Professors other than a Professor already working as Dean for a period of three
years and the chairperson shall be eligible for re-appointment; provided that
in a department, constituent college or Institute where there are less than
three eligible Professors, the appointment shall be made from amongst the three
senior most Professors and Associate Professors of the department, constituent
college or Institute.
(3) The chairperson shall plan, organize and
supervise the work of the department, constituent college or Institute and
shall be responsible to the Dean for the work of his department, constituent
college or Institute.
(4) The chairperson shall, under the general
supervision of the Vice Chancellor and the Dean, exercise all the administrative,
financial and academic powers and such other duties or powers as may be
delegated to him.
(5) The chairperson shall prepare a comprehensive
annual report regarding the performance of the department, constituent college
or Institute at the graduate and postgraduate levels, faculty research and
development and submit this report to the Dean for evaluation.
4. Board of
Advanced Studies and Research.--(1)
The Board of Advanced Studies and Research shall consist of--
(a) the Vice Chancellor (Chairman);
(b) all the Deans;
(c) the Controller of Examinations;
(d) one
University Professor from each faculty other than Dean to be appointed by the Board;
(e) one member to be nominated by the Vice
Chancellor;
(f) three
members including at least one woman from the relevant field, research organization
and Government, to be nominated by the Board; and
(g) the Registrar (Secretary).
(2) The term of office of the members of the
Board of Advanced Studies and Research other than ex-officio members shall be
three years.
(3) The quorum for a meeting of the Board of
Advanced Studies and Research shall be one half of the total number of members.
5. Functions of
the Board of Advanced Studies and Research.--The Board of Advanced Studies and Research shall—
(a) advise an
Authority on all matters connected with the promotion of advanced studies and
research publication in the University;
(b) consider
and report to an Authority with regard to a research degree of the University;
(c) propose
regulations regarding the award of a research degree;
(d) appoint
supervisors for a postgraduate research student and to approve title and synopses
of a thesis or dissertation;
(e) recommend
panels of names of examiners for evaluation of a research examination; and
(f) perform
such other functions as may be prescribed by the statutes.
6. Selection
Board.--(1) The Selection Board shall
consist of--
(a) the Vice Chancellor (Chairman);
(b) the Dean of the faculty concerned;
(c) the chairperson concerned;
(d) one member of the Board to be nominated by
the Board;
(e) one eminent scholar to be nominated by the
Society; and
(f) one
expert, preferably a woman, in the subject to be nominated by the Secretary to
the Government, Higher Education Department.
(2) The Registrar shall be the Secretary of the
Selection Board.
(3) The members other than ex-officio members
shall hold office for a period of three years.
(4) Four members of the Selection Board shall
constitute the quorum for a meeting of the Selection Board.
(5) No member who is a candidate or whose family
member is a candidate, for a post to which appointment is to be made, shall
take part in the proceedings of the Selection Board for selection of a
candidate on such post.
(6) In selection of candidates for the post of
Professor or Associate Professor, the Selection Board shall co-opt or consult
three experts in the subject concerned and in selecting candidates for any
other teaching post, two experts in the subject concerned, to be nominated by
the Vice Chancellor from a standing list of experts for each subject approved
by the Board on the recommendation of the Selection Board.
(7) The Board may revise the standing list of
experts of a subject on the recommendation of the Selection Board.
7. Functions of
the Selection Board.--The Selection
Board shall—
(a) consider
the applications and recommend to the Board, the names of suitable candidates
for appointment to teaching and other posts and recommend suitable salary for
the selected candidate; and
(b) consider
all cases of promotion or selection of officers of the University and recommend
the names of suitable candidates for such promotion or selection to the Board.
8. Finance and
Planning Committee.--(1) The Finance
and Planning Committee shall consist of--
(a) the Vice Chancellor (Chairman);
(b) all the Deans;
(c) the Treasurer;
(d) one member of the Board to be nominated by
the Board;
(e) one
member of the Academic Council to be nominated by the Academic Council;
(f) one
representative each from Higher Education Department and Finance Department of
the Government of the
(g) Director
Planning of the Higher Education Commission or his nominee;
(h) the Registrar; and
(i) one nominee of the Society.
(2) The term of office of the nominated members
shall be three years.
(3) Five members of the Finance and Planning
Committee shall constitute the quorum for a meeting of the Finance and Planning
Committee.
9. Functions of
the Finance and Planning Committee.--The
Finance and Planning Committee shall--
(a) prepare
the annual statement of accounts and propose annual budget estimates and advise
the Board thereon;
(b) review
periodically the financial position of the University;
(c) advise
the Board on all matters relating to finance, investments and accounts of the
University; and
(d) perform
such other functions as may be prescribed by the statutes.
---------------------
ACT VII OF 2014
ACT, 2014
An Act further to amend the Payment of Wages Act, 1936
[Gazette of
No.PAP-Legis-2(09)/2013/1059. The Punjab Payment of Wages (Amendment) Bill 2013,
having been passed by the Provincial Assembly of the Punjab on 13 March 2014,
and assented to by the Acting Governor of the Punjab on 18 March 2014, is
hereby published as an Act of the Provincial Assembly of the
Preamble.--Whereas
it is expedient further to amend the Payment of Wages Act, 1936 (IV of 1936)
for purposes hereinafter appearing;
It is enacted as
follows:--
1. Short title
and commencement.--(1) This Act may
be cited as the Punjab Payment of Wages (Amendment) Act 2014.
(2) It shall come into force at once.
2. Amendment in
Act IV of 1936.--In the Payment of
Wages Act, 1936 (IV of 1936), hereinafter referred to as the said Act for the
words "Provincial Government", wherever occur, the word
"Government" shall be substituted.
3. Amendments
in Section 1 of Act IV of 1936.--In
the said Act, in Section 1--
(a) in sub-section
(2), for the word "
(b) in sub-section (3), the word
"Federal" shall be omitted.
4. Amendment
in Section 2 of Act IV of 1936.--In
the said Act, in Section 2--
(a) after clause (i), the following clause (ia)
shall be inserted:-
"(ia) "Government" means Government of
the
(b) in clause
(vi), sub-clause (b) and sub-clause (e) shall be omitted.
5. Amendment in Section 5 of Act IV of 1936.--In
the said Act, in Section 5, in sub-section (1), in clauses (a) and (b), after
the words "industrial establishment", the words "or commercial
establishment" shall be inserted.
6. Amendment in
Section 7 of Act IV of 1936.--In the
said Act, in Section 7, in sub-section (2), in clause (k), the words "or
the Government of the
7. Amendment in
Section 8 of Act IV of 1936.--In the
said Act, in Section 8, in sub-section (4), for the words "half an anna in
the rupee", the words "three percent" shall be substituted.
8. Amendments
in Section 15 of Act IV of 1936.--In
the said Act, in Section 15--
(a) in sub-section (3)--
(i) after the words "or the payment of
the delayed wages", the words "or of any dues relating to provident
fund or gratuity payable under any law" shall be inserted; and
(ii) for the words "ten rupees", the words
"one thousand rupees" shall be substituted; and
(b) in sub-section
(4), for the word "fifty", the words "five hundred" shall
be substituted.
9. Amendment in
Section 16 of Act IV of 1936.--In the
said Act, in Section 16, in sub-section (2), for the word "ten", the
words "one thousand" shall be substituted.
10. Amendments
in Section 17 of Act IV of 1936.--In
the said Act, in Section 17, in sub-section (1)--
(a) for the
words, comma, figures and brackets "Industrial Relations Ordinance, 1969 (XXIII
of 1969)", the words, comma, figures and brackets "
(b) in clause
(a), for the words "three hundred", the words "ten
thousand" shall be substituted; and
(c) in clause
(b), for the word "fifty", the words "five hundred" shall
be substituted.
11. Amendments
in Section 20 of Act IV of 1936.--In
the said Act, in Section 20--
(a) in sub-section
(1), for the words "five hundred", the words "ten thousand"
shall be substituted; and
(b) in sub-section
(2), for the words "two hundred", the words "five thousand"
shall be substituted.
12. Amendment
in Section 25 of Act IV of 1936.--In
the said Act, for Section 25, the following shall be substituted:--
"25. Publicity of the Act.--The person responsible for the payment of wages to
persons employed in the factory, industrial establishment or commercial
establishment shall, at a prominent place in the factory, industrial
establishment or commercial establishment, display a notice containing the
abstracts of this Act and the rules made under it in English and Urdu, as may
be prescribed."
13. Amendment
in Section 26 of Act IV of 1936.--In
the said Act, in Section 26, in sub-section (4), for the words "two
hundred", the words "five thousand" shall be substituted.
--------------------
ACT VIII OF 2014
NEO-NATAL AND CHILD HEALTH AUTHORITY ACT, 2014
An Act to provide for the establishment of the
[Gazette of
No.PAP-Legis-2(32)/2014/1063.--The Punjab Reproductive, Maternal, Neo-Natal and Child
Health Authority Bill 2014, having been passed by the Provincial Assembly of
the Punjab on 20 March 2014, and assented to by the Governor of the Punjab on
25 March 2014, is hereby published as an Act of the Provincial Assembly of the
Punjab.
Preamble.--Whereas
it is expedient to establish an Authority for purposes of providing a legal
framework for managing affairs of employees and staff of national program for
primary healthcare and family planning and for ancillary matters;
It is enacted as
follows:--
1. Short title
and commencement.--(1) This Act may
be cited as the Punjab Reproductive, Maternal, Neo-natal and Child Health
Authority Act 2014.
(2) It shall extend to whole of the
(3) It shall come into force at once.
2. Definitions.--In this Act--
(a) "Act"
means the Punjab Reproductive, Maternal, Neo-natal and Child Health Authority Act
2014;
(b) "Additional
Director General" means the Additional Director General Health Services, Primary
Health Care and Family Planning,
(c) "asset"
means the movable and immovable property owned or controlled by the Authority;
(d) "Authority"
means the Punjab Reproductive, Maternal, Neo-natal and Child Health Authority
established under the Act;
(e) "Board"
means the Board of Governors constituted under the Act;
(f) "Chairperson" means the
Chairperson of the Board;
(g) "Director
General" means Director General Health Services,
(h) "employee"
means the employee or staff of national program for family planning and primary
health program serving in the Punjab under the administrative control of
provincial program management unit or a person appointed by the Authority,
other than a civil servant working in the provincial program management unit or
in the Authority on transfer, posting or deputation;
(i) "Government" means Government of
the
(j) "member" means a member of the
Board; and
(k) "prescribed" means prescribed by
rules or regulations.
3. The
Authority.--(1) The Government shall,
by notification, establish the Punjab Reproductive, Maternal, Neo-natal and
Child Health Authority.
(2) The Authority shall be a body corporate,
having perpetual succession and a common seal with power to acquire, hold and
dispose of any property and shall sue and be sued by the said name.
(3) The Authority shall not enter into any
agreement or memorandum of understanding without prior general or special
approval of the Government.
(4) The Authority shall not acquire or dispose of
any immovable property without prior permission in writing of the Government.
(5) A person shall not enter upon or in any way
use the assets without written approval of the Authority.
4. The
Board.--(1) The Authority shall be
managed and supervised by the Board of Governors consisting of the following:--
(a) Minister
for Health, Punjab and, in his
absence, Advisor to Chief Minister
on Health, Parliamentary Secretary for
Health or any other person nominated
by the Government; Chairperson
(b) Secretary
to the Government, Health Vice
Department; Chairperson
(c) two
members of the Provincial Assembly
of the
woman member to be nominated by the
Speaker of the Assembly; Member
(d) Secretary
to the Government, Finance
Department; Member
(e) Secretary
to the Government, Law and
Parliamentary Affairs Department; Member
(f) Secretary
to the Government, Planning
and Development Department; Member
(g) Secretary
to the Government, Population
Welfare Department; Member
(h) Special
Secretary to the Government,
Health Department; Member
(i) Director
General; Member
(j) Additional
Director General; Member/
Secretary
(k) three
persons including at least one woman
from civil society to be nominated by the
Government; and Members
(l) two
public health specialists to be
nominated by the Government. Members
(2) The Chairperson may, for a meeting of the
Board or for a specific matter under consideration of the Board, co-opt any
other person who is either an elected representative at national or provincial
level, or is a renowned public health or public administration specialist from
private or public sector.
(3) An act or proceedings of the Board shall not
be invalid merely for reason of any vacancy or defect in the constitution of
the Board.
(4) The Board shall meet at such time and place
and shall observe such procedure in regard to transaction of business at its
meetings as may be prescribed and until so prescribed as may be directed by the
Chairperson.
(5) The meetings of the Board shall be presided
over by--
(a) Chairperson; or
(b) in the
absence of the Chairperson, by the Vice Chairperson; or
(c) in the
absence of the Chairperson and the Vice Chairperson, by such other member as the
Chairperson may nominate.
(6) A member of the Board, other than an ex
officio member, shall hold office for a term of three years and may be
re-nominated by the Government for another term.
5. Qualifications
of the members.--No person shall be
nominated, or shall continue to be a member, if he:
(a) is or, at
any time, has been convicted of an offence involving moral turpitude; or
(b) is or, at any time, has been declared
insolvent; or
(c) is found to be a lunatic or of unsound
mind; or
(d) is a minor; or
(e) has a
financial interest in any aspect of the Authority, or has a conflict of
interest, directly or indirectly, with the Authority.
6. Additional
Director General.--(1) The Government
shall, on the recommendation of the Board, appoint an Additional Director
General.
(2) The Additional Director General shall be the
Chief Operating Officer of the Authority, and shall, subject to the general
guidance and supervision of the Board, perform his functions under the
administrative control of the Director General.
(3) The Additional Director General shall
exercise such powers as are assigned to him by the Board or as may be
prescribed.
(4) The Additional Director General shall--
(a) be a whole-time employee of the Authority;
(b) hold office during the pleasure of the
Government;
(c) be the principal accounting officer of the
Authority; and
(d) be
competent to enter into contracts on behalf of the Authority in accordance with
this Act.
(5) The Government shall determine the terms and
conditions of the service of the Additional Director General.
(6) Notwithstanding the expiration of the term of
the Additional Director General, the Government may allow him to continue to
hold office for a further period of one year.
(7) Nothing contained in this section shall
preclude the Government from re-appointing the Additional Director General to
hold that office for a period not exceeding three years at a time.
(8) The Additional Director General may resign by
tendering resignation to the Government or may be removed by the Government.
(9) The Additional Director General may, subject
to the approval of the Board--
(a) delegate
any of his financial powers to an officer of the Authority; and
(b) appoint
an advisor, including legal advisor, or a consultant on such terms and conditions
and for such period as the Authority may prescribe.
7. Powers
and functions.--(1) Subject to the
provisions of this Act and rules, the Authority may exercise such powers and
perform such functions as may be necessary for carrying out purposes of the
Act.
(2) In particular and without prejudice to the
generality of the provision of sub-section (1), the Authority shall--
(a) administer
and regulate the affairs of the employees, including terms and conditions of
their services as community based workers;
(b) employ
and remove the employees working under its control;
(c) develop
and notify, with the approval of the Government, the terms and conditions of
the service of the employees;
(d) take or
cause to be taken such measures as are required for entering into contracts including
concession agreements, granting licenses and other contractual instruments for
the following purposes:--
(i) improving
contraceptive prevalence rate;
(ii) reducing
unmet need for contraception;
(iii) increasing percentage of women receiving at
least four antenatal cares from skilled providers;
(iv) increasing tetanus toxoid vaccination,
skilled birth attendance, institutional deliveries, women receiving postnatal
care and children fully immunized;
(v) increasing percentage of pregnant women
knowing at least two danger signs of pregnancy and percentage of mothers aware
of at-least two benefits of exclusive breastfeeding and early initiation of
breast feeding and exclusive breast feeding;
(vi) increasing percentage of children, suffering
from diarrhoea, treated with oral rehydration solution and zinc;
(vii) increasing percentage of mothers able to
identify at least two danger signs in early childhood illness like pneumonia;
(viii) decreasing severe and moderate wasting
prevalence; and
(ix) decreasing prevalence of anaemia among
pregnant women.
(e) develop
and recommend the minimum service delivery standards for reproductive, maternal,
neo-natal and child health and nutrition services, as may be notified by the Punjab
Healthcare Commission under the Punjab Healthcare Commission Act 2010 (XVI of
2010);
(f) play
stewardship role in formulation of program policy guidelines in consultation with
the stakeholders;
(g) constitute
and notify the technical advisory groups on different thematic areas for formulating
technical guidelines; and
(h) cause
performance audit and internal financial audit to be conducted pertaining to
primary health care and family planning services.
8. Delegation.--The Board may, subject to such conditions as it deems
appropriate, delegate to the Additional Director General or an officer of the
Authority any of its powers or functions under the Act.
9. Committees.--The Board may constitute such committees as it may
deem necessary for carrying out the purposes of the Act.
10. Employees
of the Authority.--(1) The Authority
may, subject to the approval of the Board, appoint such persons as it deems
necessary for the efficient performance of its functions under the Act and prescribed
terms and conditions of their service.
(2) The Authority may devise a system to provide
benefits in lieu of pension.
11. Directions
to the Authority.--(1) The Government
may give general or special directions to the Authority and the Authority shall
comply with such directions.
(2) The Authority shall immediately act to rectify
any neglect in the performance of its functions when so informed by the
Government.
12. Fund.--(1) There shall be established a fund known as the
Reproductive, Maternal, Neo-natal, Child Health Authority Fund, which shall
vest in the Authority and which shall be utilized by the Authority to meet all
its expenses and charges in connection with, the discharge of its functions and
powers under the Act, including the payment of salaries and remuneration to the
employees.
(2) The Authority shall establish an escrow
account in a scheduled bank approved by the Government and the account shall be
collectively operated by the authorized representatives of the Authority.
(3) All monies credited in the Fund shall be
deposited with the bank approved by the Government.
(4) The Fund shall be financed by--
(a) amounts or grants received from the Federal
Government;
(b) amounts or grants from received from the
Government;
(c) amounts received from any other body or
organization;
(d) proceeds
of all charges and income from sale of assets, and any recovery made under the
Act; and
(e) such other sum as may be received by the
Authority.
(5) The Authority shall not obtain any loan and
shall not incur any debt.
13. Budget and
accounts.--(1) The Additional
Director General shall place the annual budget statement of the Authority
before the Board for approval before the commencement of a financial year.
(2) The Authority shall maintain proper accounts
and other records relating to its financial affairs including its income and
expenditures statement in such form and manner as may be prescribed.
(3) Within three months of the end of each
financial year, the Authority, in the prescribed manner, shall cause to be
prepared financial year statements of account of the Authority.
14. Audit.--(1) The Auditor General of
(2) The Government, in addition to the audit under
sub-section (1), may cause the annual accounts of the Authority audited, in the
prescribed manner, by a chartered accountant or a firm of chartered
accountants.
15. Annual
report.--(1) The Authority shall,
within three months of the close of a financial year, submit to the Government
an annual report.
(2) The report shall consist of--
(a) a statement of accounts of the Authority;
(b) a
comprehensive statement of the performance and activities of the Authority
during the preceding financial year; and
(c) such
other matters as may be prescribed and as the Authority may consider
appropriate.
16. Members and
employees to be public servants.--The
Chairman, Vice Chairman, members, Additional Director General and employees of
the Authority shall, when acting or purporting to act in pursuance of any of
the provisions of the Act, be deemed to be public servants within the meaning of
Section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).
17. Immunity of
the Authority and its employees.--No
suit, prosecution or any other legal proceedings shall lie against the
Authority, the Chairman, Vice Chairman, the Additional Director General or any
employee of the Authority, in respect of anything done or intended to be done
in good faith under the Act.
18. Act to
prevail over other laws.--In the
event of any conflict or inconsistency between a provision of the Act and a
provision of any other law, the provisions of the Act shall, to the extent of
such conflict or inconsistency, prevail.
19. Rules.--The Government may, by notification, make rules to
carry out purposes of the Act.
20. Regulations.--(1) Subject to the Act and the rules, the Authority
may frame regulations to give effect to the provisions of the Act.
(2) Without prejudice to the foregoing powers,
such regulations may provide for appointment of its employees and other
persons, terms and conditions of their service and performance of functions by
the Authority.
21. Power to
remove difficulties.--If any
difficulty arises in giving effect to the provisions of the Act, the Government
may, by notification, not inconsistent with the provisions of this Act, remove
the difficulty within a period of two years from the commencement of this Act.
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