Pakistan Council of Research in Water Resources Act, 2007

REGISTERED No. M • 302 L.-7646 . . . -) . Cf,e-dte (!) of ~ .... ·ii ;,e 17 4 EXTRAORDINARY PUBLISHED BY AUTHORITY ISLAMABAD, SATURDAY, APRIL •l4, 2007 PART I Acts, Ordina.nces, President's Orders and Regulations NATIONAL ASSEMBLY SECRETARIAT Islamabad, the 14th April, 2007 No. F. 22(3)/2005-Legis.-The foilowing Act Of Majlis-e-Shoora · "(Parliament) received-the assent of the PreSident on the 4th April, 2007, and are · hereby published for general information: Acr No. I OF 200.7 An Act to provide for establishment of the Pakistan Council of Research in Water Resources WHEREAS it is expedient to provide for establishment of the Pakistan Council 9f Research ·in Water Resources to conduct, coordinate and promote research in water ·resoUfCes and for matters connected therewith or ancillary thereto; It-is hereby enacted as follows: CHAPTER l PRELIMINARY 1. Short title, extend and commenCement~-( I) This A9t may be called the Pakistan Council of Research in Water Resources Act, 2007. (2) It extends.to the whole of Pakistan. (269) [343(2007)/Ex. Gaz.] Price : Rs.· 20.50 270 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 14, 2007 [PART I (3) It shall come into force at once. ·2. Defi'nitions.-In.this Act, unl~ss there is anything repugnant in the subject or context, (a) ,:Boai-d" means the Board OfGovern~rs of the Council; · (b) "Chainnan" means the Chairman of the Council; (c) ''Cquncil" in.cans· tl:ie Pakistan Council of Research in ·water Resources; (d) "Executive Committee" means the ·executive Committee of the Council; ( e) "Member" means a member of the Board; · (f) "prescribed"-means prescribed by rules; (g) "President" means-the·President of the Board; (h) "regUlations" means regulations m3:de under this Act; (i) "rules" means- rules made under this Act; G) "Secretary" means Secretary of the Council; (k) '.'Technical Advisory Committee" means the Technical Advisory Committee Qfthe Council; and (I} "water resou~ces" means various fields of hydraulics 3.nd hydrology, namely, w"ater supply, irrigation, drainage and reclamatiOn, flood control, inland.navigatiot1 and related problems prevalent in Pakistan ... ' 3. Establis .. ment of the Coullcil.--(1) As soon its may be after the commencement of this Act, the Pakistan Council of Research in Water Resources shall be established by th~ Federal Govemr nent in accordance with the provisions of the A'ct. (2) The Council shall be a body corporate by the name of the Pakistan Council ofReSearch in Water Resources having perpetual succession and a common seal, With power~, subject to the provisions of this Act, to acquire and hold property and shall by the said name sue and be sued. (3) The headquarter of the· Council'shall be at Islamj\bad. PART I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 14, 2007 ·271 (4) Until the Council is established under this Act, notwithstanding its dissolution by section 25, it shall continue to function and while so-functioning be deemed to be the Council established under this Act. CHAPTER II FUNCTIONS OF THE PAKISTAN COUNCIL OF RESEARCH IN WATER RESOURCES "4. Functions of the Pakistan Council of Research in Wate.r Resources . ....:...... The"functions of the Council shall be to (a) conduct, org"anize, coordinate·and.promote reseacch on all aspects of water resources including irrigation, drainage, reclama tion, navigation, drinking water; industrial w8.ter, and sewerage management and to set up national research centers wherever necessary; (b) design, .devel~p and evaluate waier conservation technologies for irrigation, drinking and industrial water; (C) initiate national watetquality morii~oring programme including urban and rural areas of Pakistan and develop technologies for providing safe drinking water.to the public; ' (d) conduct and coordinate research on desertification, drought and flood mitigatipn; (e) develop and maintain national water resources database for use by the planning, implementing agencies.and public; (f) advise the government and submit poiiCY,-ecommendations regarding water quality, development, management, conservation and utilization of water resour-ces; (g) publish scientific papers, reports and periodicals, as well as to arrange seminars, workshops-arid conferences on water related issues; (h) establish liaison with other related national and inten'lational research and development org~nizations, universities and non government organizations; (i} undertake contractual research, provide consultancy services and collaborate with other organizations in the·public and private sector;, 272 THE G~TI E OF PAKISTAN, EXTRA., APRIL 14, 2007 [PA:RT I (j) provide financial and technical support to universities and research institutions for collaborative research projects and fellowships; (k) design 8.nd develop water related technologies and items of utility for various users according to market demand and undertake design and dev.elopment projects on contract; (1) undertake human resources development through training in skills r~lated to the specialized functions of the Council;· and (m) commercialize its research and development results from sale of products, patents and services as well as collaboration with o·ther organizations, 5. Management.-The management of the Council shall consist of (a) Board of Governors; (b) Chaim:ian; and .( c) Executive Committee. 6. Board of Governors.-The overall-control, direction and· superintendence of the affairs of the Council shall vest in a Board of Gcivemors which may exercise all powers, perfonn aU functions and do all acts and things which may be exercised, -perfonned or done by the Council. 7. Composition of t~e Board· of Governor·~.-(!) The Bo.ard of G~vemors shall consist of following, namely: (a) Minister for Science and Technology (b) Secretary, Scientific and Technological Research Division ( c) Representative from Ministry Finance,. not below. the rank of Joint Secretary (d) Representative from Ministry of Science and Technology not below the rank of Joint Secretary (e) ChiefEngineeringAdvi~or, Ministry of Water and Power Pr'esident Vice-President Member Member Member PART l] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 14, 20or 273 (f) Four representatives to be,.nominated Members by Provincial Governments from the Water Sector (g) Four Representatives of the Farmers, one Members each to be nominated by the respective Provincial Gover:nments (h) Representative of Water Industry to be Member Noillinated by Federation of Pakistan Chamber of Commerce and Industries (i) Chairman of the Council Member G) One Member each from the National Member Assembly and Senate to be nominated by the Speaker and Chairman Senate respectively. (2) The Chairma n of the Council shall act as Secretary of the Board. 8. Functions and powers of the Board.-ln- particular and without prejudice to the generality of the powers conferred by section 6, the Board shall (a) approve overall plans, policies and pmgrammes o£the Council; (b) review and approve annual and long-term business plans of the Council; (c) review and approve research projects proposed by the Technical Advisory Committee; (d) approve the annual development and non-development budget of the Council; ( e) create posts of such officers and serva'nts and engage such consultants or experts, as it may consider necessary for "the efficient performance of the functions of the Council, on such terms and conditions as it may deem fit; (fj recommend to th~ Government to teITJ1inate the contract of the Chairman before the expiry of his tenure in case of unsatisfactory performanc;e; and 274 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 14, 2007 [PART l (g) make regulations in the light of rules for carrying out ac~ivities cons!JereJ necessary tr ach!ev!ng eMc!ent lnct!on!ng o~ the Dounc!\ under this Act. · 9. Ternl of office of members.-( I) Save as hereinafter provided; a member, other than an ex officio member, shall hold office for a period of three years from the date of his nomination. (2) A person who becomes, or is nominated to be, a member by virtue of his holding an office or appointment shall cease to be a member when he ceases to hold that office or appointment. (3) A member, other than an ex officio member, may at any time 'resign his office h¥ writing under his.hand addressed to the Government but shal l continue to perfonn his functions until his resignation has been accepted. (4) A vacancy caused by resignation or any·other reason shall be filled by the nomihation of a person qualified to fill such vacancy. (5) No act or proceeding of the Board shall be invalid on the ground only ofJhe existence ofa vacancy in the Board. (6) The Federal Government may increase or decrease the number of members of the Board of Governors and prescribe the qualifications and mode of appoiptment of such.members in such manner as it may prescribe. 10. Meetings of the Board.-(1) Save as hereinafter provided, the Board shall regulate the procedure for its meetings. (2) Meetings of the Board shall be called by its President on such date and al such time and place as he may deem fit: Provided that not less than two meetings shall be held in a year. (3) Eight members shall constitute the quorum for a meeting of the Board . . . (4) Each meeting o( the Board shall be presided over by th"e President and, in his absence, by the.Yice-Pres-ident of the Board. . . ll. Chairman of the Council.-The Chainnan shall be an eminent scientist or engineer having at least 15 years experience in the relevant field and shall be aJ)pointed by the Federal Government on the recommendation of Board of Governors for a term -of three years on such terms and conditions as rilay be PARf l] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 14, 2007 275 determined. The Government, on the recommendation of Board of Governors, may extend the tenure of the Chainnan for another term or tenns as it may deem· fit, or convert it into pennancnt appointment. • 12. Powers and functions of the Chairman.-The Chainnan, who shall be the chief executive of the Council, shall work under the general policy guideline of the Board and have such powers, functi6ns and duties as may be·conferred on, or vested in, him by or under this Act. The Chairman: (a) may, from time.to time, for tl).e purpose of ensuring efficient functioning of the Council and tO facilitate its day to day functions, delegate to the Secretary ~r other officers of the Cquncil, such of his functi()ns, powers or duties as he may consider necessary; (b) shall in consultation with the Technical Advisory Committee formufate business and research plans and submit to the Board for approval; (c). shall ensure the protection of all assets of the Council including intellectual property assets; (d)· shall ptqmote commercialization of research and development work of the Council linking it with the market demand; (e) auange for annual performance evaluation of the Council; (t) prepare the annual report of the Council for submission to the Federal Government which shall place it be'rore the Parliament; (g) identify areas of ~trength and weakness an~ formulate remedial programs; (h) commission industry specific studies to identify teehnical problems and to approve plans for technical scientific input by the Council towards. their solution; (i) arrange management coucses on• ,egular basis for managerial levels of the Council; and (j) may subject to the provisions clause (e) of section 8, appoint such officers and employees as ITlay be necessary for the efficient performance of the functions of the Council on such terms and conditions as may be prescribed under the rules. . 276 THE GAZETTE OF PAKISTAN, EXTRA., APRJL 14, 2007 [PART I 13. Executive Comtnittee.-(1) The Executive Committee shall assist the Chairman in-the running the day tQ day functions of the Council and be responsible for administrative as well as financial matters of the Council. The Committee shall comprise-the following members, namely: (a) Chairman of the Council; (b) two most senior scientifiC or technical officers; ( c) . Financial Adviser Ministry of Science and Technology; and (d) Secretary of the Council who shall also act as its Secretary. (2) All decisions of the Executive Committee shall be reported to the Board for information a nd approval. (3) The Federal Government may increase or 'decrease the number of members of the Executive Committee and prescribe the qualificaiions and mode of appointment of such members in such manner.as it may prescribe. 14. Technical °Advisory Committee.-{]) The Board shall appoint a Technical Advisory Committee comprising such number of members· and for such terms as it may deem fit. . (2) The Head of the Technical Advisory Committee will be nominated frotp. amongst the non-official members of the Board (3) Non-official Members of Ad\lisory Committee shall be nominated from amongst the following: (a) progressive farmers; (b) water related industry; and (c) Experts from the public: and private sector. (4) Chairman of the Council or his representative shaU be a member of the Technical Advisory Committee. (5) The Federal Government may increase.or decrease the number of members of the Technical Advisory Committee and prescribe the qualifications and mode of appointment of s1: 1ch members in such manner as it may prescribe. PAJIT l] THE GAZE'ITE OF PAKISTAN, EXTRA., APRIL 14, 2007 277 (6) The Committee shall (a) (b) (c) (d) identify and prepare research programmes, and projects relevant to the-market demand; propose Annual, Five Year- Development Programmes.of the Council; adyise and report on any technical matters referred to it by the Board; and conduct performance evalua.tion of the research prograrrime for consideration by the Board. · I 5. Funds o( fhe Council.-The Funds oft he Council shall comprise (a) funds of the Council which stand transferred to .the Council under section 25; (b) grantS from the Federal Government and the Provincial Governments; ( c) donations and endowments; (d) funds generated through sale proceeds, technical services, and income from' patents; and ( e) research grants. 16. Appointments of officer, etc.-{1) All fresh appointments to the Couticil shall be on contract basis. · (2) Rules shall provide for "two-track" appointments; contractual and permanent. (3) Recruitment rules shall provide for conversion of contractual appointments to permanent appointments,, after contractual appointees have met the prescribed criteria. 17. · Budget and accounts.-( I) The Chairman shall, in respect of each financial )'ear, submit for the approval of the Board, a statement showing all the ex.penditures incurred.during the year along with estimated receipts and expenditures for the n~xt financial year. 278 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 14, 2007 [PART J [rl T~, vui~iil i~m1. ~J l~L~ ~m[ ~ij~ m rn~~ rorrn ~i m~~ u !i~i~ii~!J by rules, submit to the Federa~Govemment for approval its budget for each financial year showing the estimated receipts and expenditure and tlie sums which are likely to be required from the Federal Government during the financial year. (3) The accounts of the Council shall be ·maintained in such form and manner as the Federal Government may detennine in consultation with the Controller General of Pakistan. (4) The accounts of the Council shall be audited by the Auditor General Pakistan. 18. Delegation of powers.-The Board may, by general or special order in writing. direct that such of its powers shall, in such circumstances and under such conditions,"if any, as may be specified in the order, Q.e exercised hy the Chainnan, Executive Committee, or a member or officer of the Council. CHAPTER Ill MISCELLANEOUS 19. Submission of periodical reports, etc.-The Council.shall submit to the Federal Government at such time and at such intervals as the Federal Government may specify (a) annual report on the worki.ng of the Council; (b) such periodical reports and summaries as may be required by the Federal Government; (c) sllch periodical returns, accounts, statements and statistics as may be requii:ed by the Federal Government; (d) infonnation and comments asked for by the Federal Government on any specific point; (e) copies of the documents required by the Federal Go.yernment; and (t) original. documents required by the Fede'ral Government for examination or any other purpose. 20. Directi.ves from the Federal Government.-( I) 1.n the performance of its fun'ctions, the Council shall be guided on questions of policy by PART l] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 14, 2007 279 the instructions, if any, given to it by the Federal Government which sh,all be sole judge as to whether a question is a question of policy, provided .that reasons for issuing such a directive are conveyed in writing. (2) The Federal Government may dissolve .and reconstitute the,Board, if deemed necessary in public interest. 21. Discovefies and inventions to vest in the Council.- All rights relating to discoveries and inventjons and any improvements in materials, methods, processes, apparatus or equipment made by any officer or employee of the Council in the course of his employment shall vest in the Council and the researchers as per rutes. 22. Declaration -of fidelity and secrecy.- Every member, adviser, officer or other employee of the Council shall make such declaration of fidelity and secrecy as may be prescribed. 23. Continuance of certain rules.-All rules, regulations and bye-laws m·ade by the Council and in force immediately before the 'commencement 9[ this Act shall apply 'mutatis mutandis, and so far as they are not inconsistent .wiih any of the provisions of this Act, continue in force until repealed or altered by rules or regulations made under this Act. 24. Winding up.- No provision of law relating 'to the winding up of bodies corporate shill apply to the Council and the Council shall not be wound up except by order of the Federal Government and in such manner as the Federal . Government may direct. 25. Dissolution of Council.-Upo11. the commencement of this Act; the Council formed under the Resolution shall stand dissolved and upon such dissolution: (a) all assets, Tights, powers, authoriti~s and pri\/ileges and property, movable and immovable, cash and bank b8.lance·, reserve fl!nds, investments and all other interests and rights in, or arising out of such property and all debts, liabilities and obligations of whatever kind of the Council subsisting immediately before its dissolution shall stand transferred to and vest in the Council; (b) all officers and other emplqyees of the Council shall; notwithstanding a!'lything contained in any law or in any agreement, deed, document or·other instrument, stand transferred to the Council in accordance with the present terms and conditions of the service applicable to 280 THE GAZETTE OF PAKISTAN, EXlRA., APRIL 14, 2007 [PART I them; and no officer or other employee- whose services are so transferred shall be· entitled, to any compensation because of such transfer; (c) A regular employee of the Council before the comme~cement of this Act shall have the opiion to remain civil servant under the Civil servants Act, 1973 (LXXI of 1973); and shall be entitled to aH the privileges and facilities of the Federal Government such as pension, gratuity, housing and health. (d} All debts and obligations incurred or contracts entered into or ri8hts acquirect·and all matter$ and things engaged to be done by, with or for the CounCil formed under the Resolution before its dissolution shall be deemed to have been incurred, entered into, acquired or engaged to be done by, with or for the Council; and ( e) All suits and other legal proceedings instituted by or against the Council fanned under the Resolution, before its dissolution shall be deemed to be sui ts and proceedings by or against the Council and may be proceeded or otherwise dealt with accordingly. 26. Exemption from taxes.- Notwithstanding anything contained in the Income Tax Ordinance, 200 I (XLIX of 2001 ). or any other law for the time being in force relating to income tax, the Council shall not be liable to.pay any such tax on its income, capital profit, wealth, gifts or gains. 27. Ordinance XCI of 2002, not to apply to the Council,-Nothing contained in the Industrial Relafions Ordinance, 2002 (XCI of2002),shall apply to orin relation.to the Council or any of the officers, advisers and employees appointed by it. 28. Power to make Rules.- The Federal Gov"ernment may, by notification in the Official Gaiette, within six moriths of the commencement of this. Act; make rules to-carry out its purposes. 29. Removal of difficulties.- If any difficulty arises in giving effect to any provision of this Act, the Federal Government may make such order not inconsistent with the provisions.of this Act, as may appear to it to be necessary or expedient for the purp~se of temoving the difficulty: ' Provided that no such power shall be exercised after-the expiry of two years from the comrhencement of this Act.