National Institute of Health (Re-organization) Act, 2021

5 Search and nomination committee.-{l) The.Prime Minister shall constitute a search and nomination committee, for recommendations of 541 'fHE GAZETTE OF PAKISTAN, EXTRA., AUGUST ]1, 2O2I [P^RT I persons i;uitable to be appointed as mertbers of the Board of Gc'vemors- u'hich shall consist as per follorving Table, namely:- Tahle Sr. No Person appointed or nominated Status (1) ( ) (3) M inister in-charge ot' a Federal Ir{inister Cliairntan a nominated bv the Prime Minister b Secretary Establishrnent Division Vi::e-Chainnan c Se cretary Ministry of National I{ealth Services nt t,nt b er The head of a renowned public or private ,Vi. mber d medical university The head of a public ol private rnedical ntt'ntber e institution renowned for research A representative of civil society with M':mber fl substantial contribution to public healthcare to be nominated bv the Prime Minister a senior member of the medical profession mttnber g to be nominated by the Prime Minister (2) The Chairman shall chair the meeting ofthe search imd nomination comlnittee and in his absence, the Vice-Chairman shall chair the rrreeting. (3) A member nominated under sub-section (l) or (1:) shall, unless otherwise dilected by the Prime Minister, hold office for 'a perio,.l of three years and shall be eligible for another tenn of three years or palt thereof as the Prime Minisler may deem appropriate: Provided that the appointing authority, mav remove a me.nber other than ex-offcio member at any time after giving him an opportunity of .,eing heard. l4) A quorum for a meeting ofthe Committee shall be {lve members of which at least three are members appointed under clause (d) to (g ofsub-section (1). All decisions of the Committee shall be taken by a majority. ti. Board of Governors.-{1) There shall be a Board cf Governors of the NItl to administer and manage its affairs and shall have overall sul;erintendence and control over the functions of the NIH and th 3 lnstitutes and Centers t'unctioning under the NIH and all related matters. P^RT I] THE GAZETTE OF PAKISTAN, EXTRA., AUGUST II, ?O2I 545 (2) The Board shall comprise of the follo\Ying nine members, none of whom shall have a conflict of interest including any affiliations with interest groups or non-governtncntal organizations: (a) Secraary, Ministry of National Health Senvices, Regulation and Coordinatiou Ex-fficio (b) Surgeon General of Pakistan; (c) an lnfectious disease specialist of recogniz-ed high repute and standing with not less than twenty years' experience in the field; (d) a Pathologist of recognized high repute and standing with not less than twenty years experience in the field: ' (e) a scientist in the basic health fields, such as physiology, immunology, neurosciences, geiretics, proteomics etc of recognized high repute and standing with not less than twenty years experiencc in the field; (0 a Microbiologist or Moiecular Biologist of recognized high repute . and standing with not less than trventy years experience in the field; (g) a pcrson specializing in research in health nutrition, occupational health or environmental health and of recognized high repute and standing.with not less than N/ent5r years experience in the field; (h) a clinical research scientist of recognized high repute, as assessed, amongst other quatities, by number of peer reviewed publications in indexed joumals, citation index and impact factor; and (i) any person nominated by the Prime Minister (3) The members under clause (c) to (h) of sub-section (2) shall be appointed and notified by the Government on the recommendation ofthe Search and Nomination Committee constituted under section 5. provided that the members shall hold office for a period of three years and be eligible for re- appointment for one further tem. (4) The Chairperson shalt be appointed by the Prime.Minister from arnongst the members appointed under clause (c) to (i) of sub-section 2 and he 546 -HE GAZETTE OF PAKISTAN, EXTRA., AUGUST I I, .]O2I [P.{Rr I shall preside over the Board meerings. In case of his absence. lttc Board shall elect an actins Chairperson. (5) A member other than members under clause (a) z.nd (b) of sub- section 2, shall cease to hold otlce if he r.esigns or fails tr attend three consecutive rneetings without sufficient cause or for any other reasons rvhich incapacitate the member to remain as nrember. Any such vacarrc.,,shall be filled u'ilhin one month. {6) The membership of a member; other than members under clause (a) and (b) of sub-section 2, nray be terminared. b;, the (rovemment by notification and'for reasons f,o be recorded on grounds of incorrrpetence, or on the grounds in sub-section 7, or in view ofactions of such nrember which brings thc NIH or the Board into disrepute. (7) No person shall be appointed under clause (c) to (it of sub-section 2, or renrain as a member ofthe Board, ifsuch person; (a) is not ofsound mind: (b) has applied to be adjudged as an insolvenr and his apptication is pending; (c) is declared by a competent court of law as at.. un-discharged insolvent; (d) has been convicted by a court of law for an offence involving moral rurpitude: (e) has been debarred from holding any office undet provisions of law; or (0 has a conflict ofinterest with such a position 7. Powers of the National Institute of tlealth. {1) The NIH through the Board of Govemors shall; (a) frame policies for the financial and administrativr: management of the affairs of the institutes and centers firnctioninl under the NIH . and do all such acts and take all such steps as ar.e recessary for the promotion and fulfillment of the objectives and functions of the NIH, institutes and centers: PART U TI1E GAZETTE OF PAKISTAN, EXTRA,, AUGUST 1I, 2O2I 517 (b) frame regulations to, govem the working of eash ofthe insritutcs and ccnters and to lay dolYn procedure for the conduct of the busincss of the NlH, institutes and centers and its various committees and sub-committeesl (c) .prescribe lunctions ol an institute r.rr centei in addition to tlrose pre.. r ibcti rrrdcr th is Aut: (d) be the custodian of the national health fund and administer the fund; (e) 'ame national policies and programs foi disease control; (0 provide a national or provincial health disease advisorv to the Federal Govemnrent and any or all the Provincial Govemments; (g) appoint working groups, committees and sub-committees from amongst its members or expeds, whether foreign or Pakistani, as it may consider necessary to assist it in the discharge of its functions or assist in tlie discharge of the fimctions of any institute or center as deemed necessary: (h) appoint and prescribe the terms and conditions ofemployment and manner of appointrnent for all officers and employees of the NIH and each of its institutes and centers to carry out the purposes of this Act: and (i) prescribe fees and charges for services to be reirdered by the NIH or any institute or center on a commercial basis for raising revenue. (2) In the discharge of its functions. the Board shall be guided by policies of the Federal Govemment and the Provincial Governments as may be issued fiom time 10 time. . 8. Functions of the Board.-{l) The functions of the NIH antl iis Board of Governors, and its institutes and centers where applicll,le, notwithstanding additional functions and pon'ers of each Institute and CctrLcr provided for in this Act, shall include- (a) to advise the Federal Govemmcnt and Provincial Govemments on the control of diseases by suitable methods: 548 ]HE GAZETTE OF FAKISTAN, EXTRA., AUGUST 11.2021 [PARI I (b) to implement proglams ofdisease control; (c) to implement any schemes for health manage.nent and disease control as approved by the Federal Governnre rt ol zr Provincial Governrrent under a biiateral arrangemeflt u,ith t re NIII; (d) to inrcstigate cpiCemics and other commuuicab e diseases and to conduct research or these using modern techriques alid achieve excellence and to.coliaborate with other concerr:d agencies under the Federal Governnent rrr the Provincial Govenrrnents; (e) to develop mcrhodol(rgv and standardized techniques for 'investigating various diseases and health issue prcvalent in the country; (1) to dissipate tlrese techniques to the people worliing in the health profession including but not limited to training plograms; (g) to promote medical research in all medical an<l related fields by review and provision of research funds for rese.rrch projects, and overview of these projects lbr scientific va idity and ethical standards. (h) to advise regarding environment with special refr:rence to air, water and food pollution; (i) to advise government on legislation regarding or:cupational health and to promote research into occupational and environmental health; (j) to analyze and test the quality ol drugs and act i.s a laboratory for the purpose of sub-section (5) of section li2 of the Drugs Ordinance, 1976 (XXXI of I976): (k) to function as a producer of virccines, sera and biologic ploducts for prophylactic and therapeutic use and acq.rire capabilitv ot' meeting domestic and foreign dcnrands; (l) to collaboratc rrith interrrational rrrrd domestic r:search in'rrttite., universities and agcncies for th. purposcs of pr,.rmoting, fo.r.,'na and enhancing medical and hcrilr h lesealch; PARI I} TI'IE GAZETT E OF PAKISTAN, EXTRA., AUGUST I1, 2O2I 549 (m) to collaborate with the World Health Organization in matters of d isease and health; (n) .to conduct research on applied nutrition and undertake nutrition educal ion programme: (o) to advise and assist the Federal Government and Provincial Govemmeuts and regulatory authorities in developing food standards and Pure food laws; (p) to collect data from all over Pakistan relating to health and disease research and control; (q) to issue an annual national health and disease report and approve the annual reports to be issued by each institute and center; (r) to conduct the audit ofthe NIH and all its institutes and centers and approve the annual cumulative accounts ofthe NIH; . (s) to prepare and approve the annual budget of the NIH and each institute and center and recommend to the Federal Govemment for approval the annual budget which requires a grant by the.Federal Govemment; (r) to prescribe the terms of services of the Chief Financial Officer, Executive Directors and alt oiher persons employed by the NIH and its institutes and centers commensurate with their roles, responsibilitiEs and orgaqizational hierarchy; (u) to enter into any and all contracts to carry out the purposes ofthe Ordinance as may be necessary; (v) to receive funding, donations or grants in any form or manneq for the purposes of the Ordiriance and to carry out functions of the Board; (w) to approve the creation of a Division within an institute or center and define its functions and scope ofwork; (x) to develop a national health emergency action plan; and (y) to perform such other functions as the Board may decide'

550 THI] GAZETTE OF PAKISTAN, EXTRA., AUGUST II 2O2I [P^RT I (2) The NIH may on behalfofthe Federal Government or a Provincial Govemmenr. perform functions relatinq to research and investilation on health and disease problems on such terms and conditions as mav be agreed upon behveen the NIH and the Federal or Provincial Government. 9. Mectings of the Board. {l) The meeting of th,: Board shall be called by the Chairperson on such date and at such time auil place as urar be specified br him. (2) The Board shall meet at ieasr once every three months (3) To constitute a quorum at a rneeting of the Board lot less than five mernbers shall be presenl. (4) All the meetings of the Board shall be presided at by the Chairperson and, in the absence of the Chairperson, by the actin:i Chairperson. (5) All matters shall be decided at a meeting of r:he Board by a majority ofthe members present and voting. and, in the case of cquality ofvotes, the Chair shall have a casting vote. Therc shall be no proxy vot€.s at a meeting of the Board: Provided thai, in an emergenc\. any mafter may be decided by circulation among all the members and any proposal so circular ed and approved by a nrajority of the members shall be as effective and binding as if such proposal had been approved at a regular meeting ofthe Board. (6) No act or proceeding of the Board shall be invalid by reason only ofthe existcnce ofany vacancy in or defect in the constitution ol'the Board. l0 Chief Executive Officer.-{l) The Board srall select and recommend to the Federal Government for appointment an Executive Director of an1' of the institutes or centers as the Chief L,xecutive Officer. (2) The Chief Executive Officer shall attend the meerrnqs ofthe Board of Govemors and shall perfonn such l'unctions as prescrib,.d including the consolidated administration afld functioning ol'the National [nst.tutes of Health. l0A. Executive Directors., {1) lhe Board shall thr.or.gh a transparent and merit hased process select and recommend to the Federal Government for appointmerLt of an Executive Director for each of the institutes irnd centers of the NllJ provirled under Section 4 in the manncr prescribed under this Act. P^Rr Il THE GAZETTE OF PAKISTAN, EXTRA., AUGUST 11, 2021 551 (2) The vacancy of an Executive Director shall be advertised in national and intemational print media and on the web site of the NIH and the I\linistry of National Health Services, Regulations and Coordination. (3) The Board shall prescribe qualifications and eligibility criteria for the post of each Erecutive Director. (4) The Board shall from amongst the applicants shortlist not less than five applicants for interview in person by the Board and select by a majority the candidate on merit for the post of Executive Director. (5) Unless earlier removed by the Federal Govemment on the recommendation of the Board, the term of an Executive Director shall be four years. An Executive Director may resign his office by writing under their hand addressed to the Chairperson ofthe NIH. (6) The terms and conditions of service of an Executive Director shall be prescribed by the Board commensurate with the qualifications and experience of the person to ensure a person of the highest capability. (7) The Bdard may recommend to the Federal Government reappointment an Executive Director for one firrther term on tle expiry oftheir first term based on their performance. (8) An Executive Director shall have no conflict of interest and shall issue a declaration ofno conflict II . Functions and Powers of Executive Director.{ 1) An Executive Director shall be the administrative head of the relevant institute or center. (2) The Executive Director slmll,- (a) keep in custody the records and seal ofthe institute or center' '1b) appoint officers and other employees of the institute or center as may be delegated b.v the Board in the prescribed manner; (c) superv'ise and control the administration of the institute or center, including disciplinary action against employees in a manner prescribed by the Board; 55?. :]HE GAZETTE OF PAKISTAN, EXTRA., AUGUST 1I t02l [PARr I (C) authorise pavments and incur expenditures in accorllance financial rules as may be Prescribed; (e) to execute deeds, documents and contracts on behall ofthe institute or center in a manner delegated by the Board; (0 propose budget estimates and revised budget es'imates and in consultation with the Chief Financial Officer prepare the same to be placed before the Board for approval; (g) take steps for the implementation ofthe functions ol the institute or center, decisions of the Board, working groups' c'ommittees and sub-commifiees; (h) prepare the annual report of the institute or centel and present to the Board for aPProval; (.D negotiate grants, funding and receive donations for the benefit of the institute or center: generally or for specific proje':ts; and (j) to perform any othef duties or functions as may be lssigned by the Board or the Federal Govemment. CHAPTER-VI CENTERS A.I\[D INSTITUTES 12. tr'unctions of the Center for Disease Control'- (1) The Center for Disease Control shall set the strategic agenda and mar late related to infectious disease surveillance as well as promotive, pr€ventive and therapeutic .for infectious diseases of public health importance in Pak stan aspects (2) The Center shalt perform such functions as a e directed and assigned by the Federal Government or the Board including,- (a) advisory on epidemics, disease outbreaks, prer:ntion, control, surveillance and response to an outbreak; (b) preparation and apptication of the principles anrl techniques of i.irg"n"y and preParedness at the national and sub-national levels: (c) develop an Emerging Infections Unit, the functior s of which shall include- PART U THE GAZETTE OF PAKISTAN, EXTRA.. AUGUST II, 2O2I 553 (i) Surveillance and monitoring of emerging infections and conditions of public health importance via scientific and modern methods and technologies; (ii) Analysis and interpretation of surveillance data and information; (iii) Formulation of emergency response to prevent, control and manage emerging infections; (iv) Formulation of disease prevention programs which shall institute population-based and individual-based prevention interventions that aim to minimize the impact of emergency on the loss of life and property, and to reduce the risks associated with the disease; (v) drug and vaccine stockpiles; (vi) health promotion and health security; (vii) communication and coordination with intemational, national and sub-national organizations for development of strategies ofdisease conhol; and (viii) dissemination of information and communication with the public for implementing contro15 and mitigation strategies; (d) develop a Diseases Specific Unit, the functions of which slall include; (D management of ongoing special disease programs such as Polio, HIV, Hepatitis, Tuberculosis, Malaria etc.; (ii) management of future emerging special disease Programs as identified by experts such as carbapenem resistant Enterobacteriaceae, drug-resistant typhoid, COVID-19 etc.; (iii) access, examine and incorporate emerging intemational developments in public health laboratory and drugs sciences; (iv) Preventive activities contained in a program may include vaccination and post-exposure prophylaxis, provision of

554 THE GAZETTE OF PAKISTAN, EXTRA., AUGUST ll. 2021 [PAR] 1 information on behavioral and health risr<s. counselling, nutritional and lood supplementation: hvgiene and health seruices; and screening programmes for eeriy detection of disease. (3) The Center shall rvith the assistance of the Federal and Provincial Governments and all public authorities develop and maintai:r a surveillance system Lo monitor infections and conditions of public health intpr;6nngs. (4) The Center shall develop a testing and quaranrin,r policy for the augmentine of the contact tracing efforts of cxposed or infer:ted individuals- which :ihall be implemented in collaboration with the Federal and Provincial Health Departments and other the health authorities in Pakistan who shall all ensure assistance to the Center in implenientation ofthe provisions ofthis Act. (5) The Center in implementing its functions and the p rovisions ofthis Act shall ensure the highest standards ofhuman respect, dignity and privacy and shall ensure maintenance of secrecy of personal health informar.ion and data of the citizens in a manner that the same is not disclosed to any pel.son so as to cause any ditmage (o the respect. digniry and reputation o[a the ririzens. 13. Declaration of Health Emergency or Epidemic.- -The Center.for Disease Control on the basis of national disease surveillanct: data received through nat.ional and provincial disease surveillance centers r)r reporting by health care professionals and health care instihrtions or due to r:n extraordinary ei'ent that constitutes a public health risk through the intema:ional spread of disease and after having determined that; (i) a disease or disorder presents a serious risk to the pubtic at large; or (ii) that an outbreak of infectious disease is signifir:ant enough ro warrant the declaration of a health emergency; or (iii) that an outbreak has significant potential to imrninently affect national security or the health and security of pakistani citizens, domestically, or intemationally, through locai or imported transmission; Ceclare a national or localized Health Emergency or Epid,:mic PART I] THE GAZETTE OF PAKISTAN. EXTRA,, AUGUST 11.2021 555 (2) Upon declaration of a state of health emergency or epidemic, the Center shall advise and recommcnd measures to the Federal and Provincial Govemments, relevant authorities and the public. (3) The Center and the NIH shall take all measures within its powcr and capaciry and provide all assistance to the governments and authorities and thc pLrblic to address a hcalth enrergency or cpidemic. (.1) The Center may establish and categorize levels of a health emergency or epidemic and from time to time upgrade or downgrade the level of a health emergency or epidernic. (5) The Center shall withdraw its declaration of a health cmergency or epidemic rvhen satisfied that tlle reasons for such declaration have ceased to exist. (6) The federal and provincial Bovernments and national and local authorities shall provide alt requestpd assistance to the Center and the NIH in the event ofa declaration ofhealth emergency or epidemic. (7) The Center and the NIH shall in the event ofa health emergency or epidemic prepare, establish and provide screening and testing protocols including providing testing facilities vvhere possible and have the authority to public or private facilities to undettake screening and testing protocols and services. 14. Functions of the Health Research Institute.{l) The Nationai Health Research tnstitute shall promote and coordinate health research in Pakistan and act as the custodian of public research funds. (2) The lnstitute shall perform such functions as are directed and assigned by the Federal Government or the Board including. (3) To promote, organize, coordinate, and conduct scientific research in the field of health inctuding allopathy, homeopathy, herbal, unani, avurvedic and traditional medicine.- (a) ensure ethical compliance ofmedical and health related research to establish national and intemational standards; (b) provide financial support for health research through grants and fellowships;

556 THE GAZETTE OF PAKISTAN, EXTRA., AUGUST 11, 202) . [PART I (e) evaluate submitted research proposals for scientific quality, ethical compliance and validity of outcomes, in order ro grant funds for thc research purpose; (d) Oversee research projects funded by the NIH for scientific integrity and eth ical compliance; (e) establish a National Bioethics Committee t,) coordinate and promote ethical oversight as necessary of bionedical research in Pakistan: (l') advise th6 Federal and Provincial Governmerits and any other relevant body or organization on matters related r r health research; (e) establish, strengthen and expand bioinformati,.s for support of research; (h) establish linkages with national and intenrational research institutions, bodies and organizations 7,ell as relevant as community groups and agencies; and (i) develop financial and other resources for its fun ltions and for the support of research. 1i. Functions of the National Health Laboratory.- {1) The National Health Laboratory shall establish and operate state of the arr Core laboratories capable ol'performing all complex, modem measurements ol human materials in telms of chemical, biologic, immunologic, bacteriologi,:, . virologic, and molecular ana llsis. (2) the Laboratory shall perform such functions a:r are directed and assigned by the Federal Govem;nent or the tsoard. . (3 ) The Laboratory shall serve as a referencr: laborarory for uncommonly available tests including new research tests anc shall collaborate with r,:search investigators to provide tests and analyses. 16. Functions of the Health Data Center.-<l) fhe Health I)ata t lcrter shall function as the national central repository foi all aspects r_rt herlih :nl' )rrr:irliol and data. PART I] THE GAZETTE OF PAKISTAN. EXTRA,, AUGUST II, 2O2I 557 (2) The Center shall pertbrm such functions :is are directed and assigned by the Federal Grcvemment or the Board including;- (a) access from relevant authorities information and data and house, collate and analyze all health information and epidemiologic data nationall): (b) establish a central repository for all aspects of health information and data to ensul€ i1s easy availability on in digital forma! (c) provide appropliate data anall'tics; (d) to maintain and continually update data matemal. and neonatal health. neonatal,. child health immunizations, adolescent and, communicable diseases, and non-communicable diseases, populati<in and demographics, health accounts, health services. health system including human resource, supplies, equipment and in lraslructure; (e) to devclop and advise adoption of the standards and rnethods standards and methods for efficient and secure exchange and interoperability of healthcare data and information. (3) The Center shill ensure that its advice, policies, material, research and reports are available to the general public on the web site ofthe NIH. 17. Functions of the Institute of Nutrition and Health.- {l) The Institutc of Nutriiion and Health shall perform such functions as are directed and assigncd by the Federal Government or the Board including,- (a) rccommend policy, technical advice and research for'nutrition sciences; (b) prepare education materials for the nutrition domain and conduct of capacit-v building.activities for nutrition and dietary experts and sludents of various nutrition programs in national universities; (c)' engage lvith universities and their students for various projects and research activitics undeftaken for the domain of nutrition: 558 rHE GAZETTE OF PAKISTAN, EXTRA., AUGUST Il. 2011 [l\R] i (d) approving and commissioning research on nutritir,n and uri- 'ins enhancernents of role in 1he contexl of devclcltnents itt the Nutrition Sqiehccs; and (e) extend technical supporl to the federal and pror incial nutfltlon cells and Federal and Provincial Govetnment:, lor nutrition intervenlions planning and itnplernentation. (2) The Inslitute shall ensure that its advice, polir:ics, material, research and repofis arc available to the general pr.rblic on thc ''/eb sitc of tlle NIH. 8. Functions of Vaccine and Biological Ccnter.-{ I ) I'he Vaccine and Biological Center shall perfom such functions as are directe,l and assigned by the Federal Governrrrcnt or the Board including:- (a) produce biological malelials and vaccines; (b) organize training programs throtrgh national diploma and specializcd shott-tcrm training courses for vacsirie and biologic Prod ucl iIrr: (c) collaborale with national and international resear,:lr institutes to providc the technical input in the areas of vaccin: development. vaccines research; and (d) pronrote research activities and development towarr Ls improvernent of biolo.qical products, up-scaling of technologies. introduction of newer vaccines, diagnostics and other biological prcducts. 19. Functions of Centcr for Environmental and Occupational health.- (l) I'he center for occupational and environmental hcallr shall perlorm such furLctions as are directed and assip.ned by the Fedelal Go\'ernment or the Bc,ard. includinB: r'a) e\al ate, perfonn research. analyse and advise or., enviroumental hazards and occupational safety; ,ib) develop and provide national guidelines on environrrental safety; ic) devclop and provide national guidelines on occupational safety rrrcluding racliological. biological nnd chemical hazrrrds: PART I] THE GAZETTE OF PAKISTAN, EX]'RA,, AUGUST I I , 2021 559 (d) assist the Federal and Provincial Governments in fonnulating larvs and policies related to environmental and occupational safety; (e) act in an advisory, investigative and consultative capacity to the Fedcral or Provincial Govemments or the public in specific instances of actual or suspected environmental or occupational hazards. (2) The Institute shall. ensure that its advice, policies, matelial. research and reports are available to the general public on the tveb site of the NIH. CIIAPTER-V FINANCIAL MANAGEMENT 20. National Health Fund.-{1) Immediately and not later than thirrv days aftel the comrnencement of this Act, the F;deral Govemrnent shail establish the r"{atio.al Health Fund to provide lor the operations and fu,ctions of the NIH and its institutes and cenrers. (2) The National Health Fund shall consist ofi (a) special grant by the Federal Government to provide for any shortfall in the annual approved budget of the NIH and grants in aid from the Federal Govemment and the provincial Governments: (b) one-time special grant as seed money at the time of establishment of NIH of Rs.50 billion by the Federal Goyernment; (c) donations and endorvments; (d) sale proceeds ol vaccine sera, fee from Laboratory tests and health certificales: (e) income lioln investments and deposits; (fl receipts from such sources as may be approved by the Board: (g) aid tioln international agencies, donors and foreign countries, and (h) loans from national and intemalional agencies obtaired with the approval ofthe Federal Govemment.

560 THII GAZETTE OF PAKISTAN, EX'fRA,, AUGUST 11,2021 [P^RT I (3) The National Health Fund shall be administered ar'd controlled b1' the Board and shall be audited annually and accounts publishcd publicly (4) Tlie funds of the National Health Fund shall be naintained rvilh the National Bank of Pakistan or any other scheduled bank as 'rpproved by the Boa rd. 21. Budget,.audit and accounts,ll) Each institure rnd center shall submit, by such date as rnay bi prescribed' to the Board itri budget in the prescribei manner showing its estimated receipts and expenditttte for approval ofthe Board. (2) The Board shall approve the financial regulations' (3) The accounts of the NIH including each institute and center shall be rnaintained in such form and manner as directed by the Boar'l and as may be advised by fhe Accountant General of Pakistan (4) The accounts of the NtH'shall be audited by one :rr more auditors !r'ho arc ch:Lrtered accountants within the meaning, ofthe Chartered Accountants Ordinfurce, l96l (X of 1961), and are appointed by ttre Board on the recomnrenclation of the Chief Financial Officer in a transpare:rt- manner' Any grants, aid, funds or loans provided by the Federal or Provincial Govemments or a publi,: body shalt be audited by the Auditor General ofPakistarr' (5) The audited accounts ofthe NIH shall be providr:d to the Federal Ciovemment and shall be published on the website ofthe NIH 72. Chief Financial Officer. {1) The Board shall select and recommenrj to the Federal Government for appointment a Chief Financial Officer of the NIH in a transparent manner on merit and on temrs and conditircns to be prescribed by the Board. Al[ provisions of sub-section (2) to (E) of section l0A ilrall apply utatis mutandis to the appointment of a lhief Executive Oflicer. (2) The Board shall forrvard for approval the selected ':andidate for the position of Chief Financial Officer to a committee cornprising of Secietary babinet Divisiorl, Secretary Finance Division and Secretary E,conomic Affairs -['he Divisic,n. appointment of the Chief Financial Officer shz ll be rnade after approval ol the comminee pursuant to lhis sub-seclion (2). (3) The Chief Financial Officer shall be appointed fi'r a term of four )ears, ,:nless removed by the Board earlier. which term may be :xtended for one further temr by the Board based on performance. P,\RT U THE GAZETTE OF PAKISTAN, EXTRA,, AUGUST 11,2021 56t (4)The Chief F'inanciai Officer sha'll perfonn such functions as are dir-ected and assigned by the Board or prcscribed by rules and rcgulations includ ing- (a) maintaining the accounts of the NIH; (b) assisting each institute and centel in prepaiation of the anuual budgett (c) ensuring the audit of the accounts of the NIH; (d) maintaining the National Health Fund on the directions of the Board; (e) operating the bank accounts of the NtH in a manner dilegated and directed by the Board; (f) developing an annual financial plan for the NIH and; (g) acting as secretan' to the Finance and Audit Committee of the NlH. C}{APTER VI MISCELLANEOUS 23. Reporting, dissemination and confidentiality of data. {l) The real time data, information and reports as produced by each Institute or Center or the NIH shalt be reported and regularly placed and updated on a public website for rvider dissemination and sharing, dlso in the national language, to keep the public in lormed. (2) The NIH shall act strictly in accordance wilh directions of the Federal Govemment, as may be issued from time to time, for maintaining. dissemination and utilization of Confidential National Data as may be made available to the NIH or obtained by NIH. 24. Delegation of powers.-The Board tnay, by general or special order in rvriting, direct that all or any its powerS under this Act shall, subject to such conditions and in such circumstances as may be specified in the order, be exercisable also by an Executive Director or any specified member oi officer of the Board. 25. Ordinance XXIII of 1969 not to apply to Institute.-Noth ing contained in the lndustrial Relations Ordinanc,e, 1969 (XXIII of 1969), shall 562 'fHE GAZEI'TE OF PAKISTAN, EXTRA.. AUCUST II 2021 [P,\RI I appl,v- t() or in lelation to the Institute or- any of the officers and (: r'nployees of the LlStitute. 26. Dircctives from the Federal Government.--The Federal Covemmert ma1 from tirne to rimc issue to thc NIH such p, icies. ciirectivcs aad instructions as it mav considel necessar"- for canl,ing out llle purposes of this Ac: anci NIII and the Board shall be bound to act thereon. 27. Discoveries and invcntions to vest in the NIH.- All intellectual property and legal rights relal;ng to discoveries and inverrtions and any itnprovJmert in materials- methods. processes, apparatus or eqr iprnent made bv any officers or employee ofthe NII-l in the course oftheir ernpl(,yrnent shallvest in the ]rllH. 28. Transfer of existing emplovees of the Natio al Institute of Health and the Pakistan Research Council to the NIH. {1) l,,lohvithstanding anvthing to the contrary in any contract or agreemerlt or in t Le conditions of sen,ice. evcry person in the serrice ofthe National Institutc o{ Health and the Pakistao Health Research Council immediately, bcfore the cornmencement of this Ac:, shall stand transfened to the NIH and become an empl,ryee of the NIH on such ten,^rs and conditions as ma.v be prescribed by the Board Providcd that such terms and conditions slrall not be l,:ss favorable in financial terms tlran the terms and conditions admissible to thr:rn irnmediatclv be lore thc ( olnmenccmen[ of this Act. (2) All civil servants serving in the National Institute rf Health or thc Pakistar Health Research Council before commencement of thi: Act may within a period of three months of the qommencement of this Act exe-cise a one-time irrevocable option to become ernployees of the NIH. The civil :.eryants who opt for such employment, shall be subject to terms and conditions ol employnent as presclitred by the Board of Covernors including but not limitec to their service slructure, promotion and disciplinary matters. Employees who opt for such ernployment shall be entitled to post-retirement benefits and emoluments for the period of tireir service as civil servants as per existing goventment laws and n rlcs. (3) A civil servant who does not exercise the option l)ursuant to sub- scclion (2) r,hall remain a civil servant under the Civil Servants A ct, 1973 (LXXI oi 1973) and shallbe repatriated to the administrative division. (4) A civil seruant, who opts to serve the NIH under sub-section (2), shall cease 1o be a civil seryant from the date oftheir absorption in the service of the NIII and their seliorit-v and other matters vis-a-vis emplc,ynent with the NIFI, shall be delermined in the manner. as may tre prescribed b1 the Board. P^RI I] ].HE GAZETTE OF PAKISTAN, EXTRA,. AUGUST 1I. 2O2I 563 29. Powcr to make rules.-The Federal Govemrnent may, b1, notification in the olficial Gazette, make rules to carD, out the purposes of this Act. 30. Power to make regulations.- The Board may make such regulalions rot inconsistent with thc provisions of this Act and tlie rules for carrying out the purposes of this Act and as it ma.v consider necessary or expedient for the adnlinistration and management ofthe affairs of the NII{. 3 1. Removal of difficulties.-lf any difficulty arises in giving elfect to any oi the pr,l,isions of this Act. the F-ederal Govemment tnay utake such order, not inconsistcnt rvith the provisions of this Ait- as may appcar to it to be necessarv for the purpose of removing the difficult-v. 32. Jurisdiction in dispute resolution.-The civil cou( shall have exclusive jurisdiction in respect of any and all disputes, arising out matters of employment and terms and conditious of selvice, or any act of or contract executed by the NlH. 33. Repeal and Savings.-{1) The National Institute of Health Ordinance, 1980 (Ordinance XLIII of 1980) shall stand repealed at the commencement of this Act. (2) The Pakistan Health Research Council Act, 2016 (Xll of 2016) shall *and repealed at the commencement of this Act- (3) All rules and b1,e laws of the National Institute of llealth in force imrnediately before the commencement of this Act sh,all, munris nniandis and so far as they are not inconsistent with any ofthe provisions ofthis Act, continue in force until lepealed or altered by the Board. (4) Upon the commencement of this Act, the National histitute of Health and the Pakistan Ilealth Research Council shall stand dissolved and upon such dissolution: (a) all assets, rights, powcrs, autlrorities and privilcgcs and all property, movablc and immovable. caslr rrncl bank h:ilairces, reserve funds, investments and all other intcrcsts arrl rrghts irr or arising out of such properry and all debts, Iiabilitics and obligations of whatcrer kind ol the National Institute of Health and rhe Pakistan Health Research Council shall be transferred to and vest in the NIH; (b) all contracts entered into and all matters and things engaged to be done with or for the National Institute oI tiealth and the Pakistan

551 TIIE GAZETTE OF PAKISTAN, EXTRA,, AUGUST I1 2O2I IPART I Health Research Council before such dissolution ,;hall be deemed 1o have enteied into, or engaged to be done by. u,it r ol for the N[]{: and (c) all suits and other legal proceedings institute(l by or lgainst the National Institute of Hcalth and the Pakistan llealth Research Council before such dissolution shall be deenred to be suits and ploceedings by or against the NIH and shall l:e proceeded or othenr ise dealt with accordirrgll. MOI{AMMAD QASIM S AMAD KHAN, Secretar.,t. PRINTED I]YI], '.I\\ACl:R PRINTING CORPORA]ION OF PAKIS'IAN PRESi. ISLAMABAD PUBLISI{ED IJY I.HL i I,I TY CO\TROI-LIJR STATONERY AND FORMS. T,NI\ERsfiY RoAD. KARACHI