Sindh Institute of Animal Health at Karachi Act, 2018 (Sindh Act No. XXIX of 2018)

.,, ..,. EXTRAORDINARY Registered No. M324 Published by Authority KARACID TUESDAY MAY 22, 2018 PART-IV PROVINm~MStV o't"'SINDff NOTIFICATION KARACHI, THE 22ND MAY, 2018 ., NO.PAS/LEGIS-B-28/2017- The Sindh Institute of Animal Health at Karachi Bill, 2017 having been passed by the Provlnclal Assembly of • Sindh on 27"' April, 2018 and assented to by the Governor of Sindh on 12"' May, 2018 Is hereby published as an Act of the Legislafure of Sindh. , THE SINDH INSTITUTE OF ANIMAL HEALTH • AT KARA-CHI ACT, 2018 L iv-216A SINDH ACT NO. XXIX OF 2018 AN ACf to provide for the establishment of an Institute lo,own as the Institute of Animal Health at lurachi. • WHEREAS It Is expedient to provide for the establishment of Preamble. an Institute known as the Institute of t,nimal Health at Karachi and to provide for matters connected therewith or ancillary thereto; CHAPTER! PRELIMINARY It Is hereby enacted as follows: • • 1, (1) This Act may be called the Slndh Institute of Animal Health at Short title and • lurachl Act. 2017. commencement Ext. -IV - 29 (355A) Price Rs. 60.00 355B THE SINDH GOVT. GAZETTE EXT. MAY 22, 2018 PART-IV Definitions. (2) It shall come into force at once. 2, In this Act, unless the subject or context otherwise requlrPs, the following expressions shall have the meanings hereby respectively assigned to them. that is to say (a) ·animal• means lhe livestock, poultry blrds, wildlifo and pets; (b) "Advisory Counsel" means an Advisory Counsel under the Chairmanship of the Chief Minister Slndh; (c) • Authority' means any of the Authorities of the Institute spedfie·d under this ~ct; (d) "biological" mean.~ any ' drug. serum, hormones, biotechnological product, Immune component. antigen, vaccine, and product, produced by living system or using biological system; (e) "Board' means the Board of Management; (I) ·chairman• means Minister, Livestock and Fishenes Department acting as the ' Chairman of Board of Management; (g") •consultant• means a professional hired or appointed for specific job/ activity; (h) ·oirector General" means t.'ie Director General of the Institute as tne head of academic and research body appointed under this Act; ' (i) "Director" means ls the Director of a division or center or brarich of the Institute or directorate of the lnstirute; U) •drug" means any substance or mixture of substances other than food that is manufactured, sold, stored, offered for sale or represented for internal or external use in the treatment, mitigation, prevention or diagnosis of diseases, an abnormal physical state,.or the symptoms thereof in animals or the restoration, correction, or modification of organic functions 1n animals; (k) "employee• means an employee of the Institute; (I) "Government" means the Government ofSindh; (m) "Institute" means Sindh Institute of Animal Health at Karachi; · (n) "livestock" means domesticated Bovine, Bubbalis, Caprine, Ovine, Equine, Cameline, Feline and Canine species; • (o) "Member" means the member of the Board; (p) "pet" means the animal, bird or reptile species In captivity, reared for fun, art, show or commercl.!11 purposes; (g) "poultry" means chicken, Turkey bird, Quails, Ostrich and all other birds raised for farming or kept as pet; PART-[V THE SINDH GOVT. GAZETTE EXT. I \IIAY-22. 20tt (r) "Prescribed" means prescribed by Statutes, Rules & Regulations; (s) "Research Officer" means a person engaged whole time by the Institute for research, diagnosis, production of Vaccines, drugs, and.biological and farming activity; (t) ;Statutes•, "Regulations" and "Rules• mean respectively the Statutes, the Regulations and the Rules made or deemed to have been made under this Act; (u) "vq ccine• any drug or any product that is live, killed, attenuated, recombinant, or in any form used for prevention of disease, ailment or infection; (v) "wild life" as defined under the Sindh Wild Life protection (Amen~ed) Act· 1972. CHAPTER-II ESTABLISHMENT OF THE INSTITUTE 3. (1) As soon as may be after the commencement of this Act, Incorporation. Government may by a Notification in the Official Gazette establish in accordance with the provisions of this Act an Institute to be known as Institute of Animal Health at Karachi. (2) ·The Institute may establish its regional offices, branches or centers at Larkana, Shaheed Benazirabad, Mlrpurkhas and Hyderabad to facilitate the public of area and at such places as it may consider expedient. The Institute shall consist of four divisions, i.e., Administration, Livestock Health, Poultry Health, and Wildlife and Pets Health. (3) The Institute shall be a body corporate, having perpetual succession and common seal, with power subject to the provisions of this Act to acquire, hold and dispose of the property, both movable, and immovable, and shall by the same n~me sue and be sued. 4. (1) The Institute shall have the jurisdiction of operations in whole Jurisdiction of Province of Sindh; provided that Government may in consultation the Institute. with the' Institute by general or special order modify the J jurisdiction. (2) The Institute may establish or actinit to its privileges under • prescribed conditions, branch, center, sale and service point, and a part of other institution falling within the territorial limits of another institute or organization, whether inside or outside jurisdiction, and Pakistan; provided that the consent of such other institute, organization and the sanction of Government are first obtained. I 5. . The Institute shall be open to all persons of either sex and of whatever religion, race, creed. class or colour·and no person shall be denied the privileges of the Institute on the grounds ofreliglon, race, creed, class or colour: • Institute to be open to all classes, creeds, etc. 355C I . 355D THE SINDH GOVT. GAZETTE EXT. MAY 22. 2018 PART-IV Admission of the Affairs of Institute. • ·constitution. of Board. 6. (1) The Director General shall have all the administrative power to control the affairs of the Institute and do all acts, which may be exercised or done by him for smooth working of the Institute. (2) The Director General may, in an emergency and in consultation with the Chairman, which in his opinion requires immediate action, take such action as he may consider necessary and shall, as soon thereafter as possible, report his act.ion to the ·Government, Authority or other body, which in the ordinary course would have dealt with the matt;er. (3) The Board in discharging its .functions shall ·act on sound principles of research, academic; surveillance and diagnosis activities, and production of vaccines,. drugs, and biological on commercial considerations, and shall be guided by such directions as Government may, from time to time give. (4) In all matters related·' with policy, the decision of the Government shall be final and binding . 7. (1) The Board shall consist of the following: , I (i) Minister, Livestock & Fisheries Chairperson Sindh. (ii) Secretary Livestock and Fisheries Vice-Chairman. Department (iii) Director General, Livestock Official Member Department (iv) Director General, Official Member/ Institute of Animal Health, Secretary. Karachi. (v) Represen~tive of Fina.nee Official Member Departme·nt not below the rank of OS {BPS-18). (vi) Chief Conservative/ Official Members Director General , Wtld Life Department ! (vii) Progressive Livestock Farmer, as Non-Official nominated by the Department Member ' (2) The Director General of the Institute shall also be the Secretary of the Board. (3) The Cha!nnan may co-opt any person as a member for a particular purpose or a specified period. (4) A co-opted member shall hold office at the pleasure of the Chairman. (5)-A member may by writing under his hand, addressed to the Chairman resign his office. ' I PART-IV THE SINDH GOVT. GAZETTE EXT. MAY 22. 2018 (6) The Institute may allow such remuneration to the non­ official member as it determine with the approval afthe Board. (7) No act or proceedings of the Board shall be invalid merely on the ground of the existence' of any vacar9 !'1 or any defect jn the constitution of the Board. 8.(1) The Board shall be the e,:. .,ody of the Institute and shall • Power and subject ta the provisions of tt·, t ,.nd the Statutes, take effective duties of the measures to meet the standar 1 manufacturing of vaccines, drugs Board. and biological, research, surveillance and other academic pursuits and exercise general supervision over the affairs and management of the property of the Institute. (2) Without prejudice to the generality of the foregoing powers, ar..! subject to the provisions of this Act and the Statutes, the Board shall have the p~er - • (a) to take effective· measures to raise the standard of production, research, diagnosis and publication in the light of provincial and national needs; (b) to hold control and administer the property and funds of the Institute; • (c) to govern and regulate the finances, accounts and investments of the Institute and for that purpose to appoint such agents as it roay think fit; to consider and . pass the annual report, the annual statement of accounts, the annual and revised budget estimates and to re-appropriate funds from one major head of expenditure to another; (e) to transfer and accept transfer of movable or immovable property on behalf.of the Institute; (f) to enter into, vary, carry out and cancel contracts on behalf of the Institute; (g) to cause proper books of account to be kept for all sums of money received and expended by the Institute and for the assets and liabilities of the Institute; (h) to invest any money belonging to the Institute including any unapplied income in any of the securities described in section 20 of the Trusts Act, 1882, or in the purchase of immoveable property or in such other manner, as it may determine, with the like power of varying such investments; (i) to receive and manage any property transferred and grants, bequests, trusts, gifts, donations, endowments and other contributions made to the Institute; 355E .. • 355F Duties and functions of Chairman and Members. THE SINDH GOVT. GAZETTE EXT. MAY 22. 2018 OJ to administer any funds placed at the disposal of the Institute for specified purposes; (k) to determine the form, provide for •the custody and regulate the use gf the common seal of the Institute; (I) to provide the buildings, laboratories, residential colonies, libraries, premises, furniture, apparatus, equipment and other means required for carrying out the work of this Act; (m) to create, suspend or abolish such administrative, research, marketing, extension or other posts, as may be necessary; (n) to appoint the consultants and other officers in the Basic Pay Scale 17 and above on the recommendation of the Selection Board constituted under the statutes and recommend the competent authority for the appointment of the Director General as per this Act; (o) to appoint officers and employees, Consultants on such terms and conditions as may be prescFibed; . (p) to prescribe the duties of officers, consultants and other employees of the Institute; (q) to suspend, punish and remoye from service in the prescribed manner such officers, consultants and other employees as are appointed by the Board; (r) to report to the Government on matters on which it has been asked to report; (s) to approve Statutes and recommend the drafts of Statutes for approval of the Government; (t) to regulate, determine and administer all other matters concerning the Institute and exercise all other powers in this behalf; (u) to delegate any of its powers to an Authority or officer or a committee or subcommittee; and (v) to perform such other functions as have been assigned to it by the other provisions of this Act or the rules made there in. 9.(1) The Chairman and members shall discharge such duties and perform such functions.as are assigned to them by or under the Act (2) Until the Board is constituted, or when' it is not possible to convene the meeting of Board, the Chairman shall, subject to such drrections as Government may give, exercise the powers and discharge the duties and perform the functions of the Board, for which post facto approval may be obtained from the Board. PART-IV PART-JV ,, I THE SINDH GOVT. GAZETTE EXT. MAY 22. 2018 10.(1) All business of the Board shall, to th·e extent and in the Meeting of the manner prescribed by regulations be disposed of at the meeting of Board. the Board. (2) The meetings of the Board shall be held at such times and places and in such manner as regula~ions may provide. CHAPTER-III POWERS AND DUTIES OF THE INSTITUTE AND THE COMMITTEES 11. The Institute shall have power to - Functions and duties of the (a) to develop, manufacture and produce vaccines, drugs Institute. and biological for-prevention and treatment of livestock. poultry, wild life and pets, and of veterinary public health importance; (b) distribute, sale and enter into agreement for sale and distributions of such va.ccines, drugs and biological; (c) conduct survey, research, tests and experiments for the composition, safety, potency and efficacy of such vaccines, drugs and biological, and of those distributed and sold in its jurisdiction; (.d) collect samples, conduct surveillance studies and provide diagnostic services for the livestock, pot: •try and their products; (e) take efforts, studies, and resei1rch for the nrevention of emerging infectious ,lise:'l"'S m :immals; (f) provide seat of l~arning for higher education, research and surveillance for the students of the relateq fie ld; • (g) provide trainings, refresher courses, post graduate degrees and conduct seminars and to grant certificates and diplomas to such persons; (h) create posts for research, extension, marketing, administration , and other related purposes and to appoint persons thereto; (i) Institute and award exhibitions, bursaries, prescribed conditions; fellowships, medals and scholarships, prizes under 0) make provisions for research and advisory services and • with these objects to enter into arrangements with other institutions or with public bodies under prescribed c9nditions; (k) to provide for the printing and publication of research and other works; (I) acquire, hold control over and administer movable or immovable property; 7 355G T ) 355H THE SINDH GOVT. GAZETTE EXT. MAY 22, 2018 PART-io Executive, technical or advisory committees Advisory Counsel. Appointment of A"dvisor, Consultant Officers etc. (m) dispose of any property; (n) formulate and enforce any scheine of the purposes of this Act; (o) incur any expenditure for carrying out the purposes of this Act; (p) enter into and execute all such contracts as it may consider necessary or cancel contracts; and (q) to do all such other acts and things, whether incidental . to the powers aforesaid or not, as may be requisite in order to further the objects of the Institute as a place of manufacturing. re~earch, diagnosis and learning. . 12. The Institute may constitute executive, technical or advisory committees with such constitutions and functions as may be prescribed by regulations. 13. A Advisory Counsel under the patronage of the Chid Minister Sindh which shall supervise the performance, efficiency, policy and the efficiency of the Institute and advise accordingly, and consisting of the following members; (i) Chief Minister Sindh. (ii) Chief Secretary Sindh. Patron Member (iii) Minister of the concerned Department Member (iv) Two Members, Provincial Assembly Members of Slndh to be nominated by the (v) (vi) Speaker, Provincial Assembly of Sindh. Secretary, Livestock and Fisheries Member Department Secretary, Finance Department Member (vii) Secretary, Wildlife and Forest Member Department (viii) Secretary, Universities and Boards Member Sindh. (ix) Director General of the Institute. Member 14. The Institute may for efficient performance of its functions appoint such advisors, consultant officers and other staff possessing such professional, technical or ministerial qualifications and experience c1nd on such terms and conditions as may be prescribed by regulations. I I 1 I ... C THE SINDH GOVT. GAZETTE EXT. MAY 22, 2018 CHAPTER-IV FINANCE, AUDIT AND ft •: COUNTS 15. (1) There shall be a !'' ·, ,i te fund of the Institute Fund. known as Sindh Institute of Ani,11,1 1.:!alth Fund. (a) The Fund shall consist of (b) grant and subsidy received from the Federal, Provincial and Local Governments; (c) donations endowments and deposits; (d) income from investment and deposits; (e) Joans raised or aid obtained by the Institute; (f) Sale proceeds of vaccines, drugs, biological, services or any other property of the Institute; (g) fees, royalties on publications of the Institute and other charges for services rendered by the Institute; (h) all m oneys received from any donor agency of Pakistan or foreign or.igin (2) The amount credited in the fund shall" be deposited in any scheduled Bank approved by the Board as per governr:nenfpolicy. (3) The Fund shall be utilized for carrying out the purposes of this Act, including the payment of salaries and other remunerations payable under this Act; , (4) The Institute may invest its surplus fund in any security of the Federal Government or Provincial Government or any other security or scheme approved by Government, in consultation with Finance Department, 16. The Annual Budget of the Institute shall be prepared and Budget. approved in such manner as may be prescribed. 17.(l)The Insti~ute shall maintain complete and accurate accounts Maintenance of in the manner as prescribed by the rules; Accounts and (2) The accounts of the Institute shall be audited every year by the Auditor General Sindh or any Chartered Accountant Firm approved by Advisory Council. Audit. 18. All sums of the Institute due to any pe rson, body or Recovery of the organization shall be recoverable as arrears of land revenue. dues. CHAPTER-V OFFICERS OF THE INSTITUTE 19. The following shall be the officers of the lnstitute:­ (a) The Director General; (b) The Director(s); (c) The Resident Auditor; (d) The Principal Research Offi cer; Office of the Institute. 3551 355L THE SINDH GOVT. GAZETTE EXT. MAY 22. 2018 (b) the Chairman may, in the public interest, and in consultation with Government direct, any post in the Institute to be filled by appointing . any employee of government or an educational or research institution. (3) Where any appointment or transfer has been made under this section, the terms and conditions of service of the appointee or transferee shall not be less. favourable than those admissiole to h im immediately before such appointment or transfer and he sha)J be entitled to all benefits of his past service. • 2 7. (1) No suit, prosecution or other legal proceedings shall lie Indemnity. against the Institute, Chairman, members, advisor, consultant, or officer of the Institute in respect of an~hing done in good faith under this Act, rules or re5rulations. , (2) No court: shall have jurisdict ion to entert~in ;:ny proceedings. grant any injunction cir make any order in relation to anything done or purported to have been ·;1:1one or intendeo to be done under this Act PART-IV 29. Govern:nent may make rules for carrying out the purpose 6f Powe r to make · chis Act ru les. 30. The Institute may, make regulations for all matters not Power • t o make p rovided fo r in the rules and for which provision is nec'essary fo r regula tions. ca rrying out the purposes of ,his Act and the rules. 3 1. • The Institute shall constitute for the benefit of its officers, consultants and other employees, in such manner and subject to such condit ions as may be prescribed, such pension, insurance, gratui ty, provid-en t fund and benevojent fund schemes as per Government pol icy. Pension , insurance, grat uity, pr oviden t fund and be nevolent fun d. 32.(1) All the officers, consultants and emP.!oyees serving in the Transfer of Sindh Poultry Vaccine Centre immediately before the property and commencement of this Ac;t shall stand t ransferred to the lnstirute persons. established under this Act along with privileges, all service and financial benefits. • (2) All properties. assets, liabillties, agreements, rights and interests of whatever kind. used, enjoyed, possessed, owned or vested in or held in trust by the Sindh Poultry Vaccine Centre and all liab ilities legally subsisting against them shall stand transferred to (he !Jlstitute with the same terms and conditions. 33. The Sindh (P.oultry Vaccine Centre) .A.ct-V of 1995 and rules Repeal.. and regulations made there under are hereby repealed. BY ORDER OF THE SPEAKER PROVINCIAL ASSEMBLY OF SI.NOH G.M.UMAR FAROOQ SECRETARY PROVINCIAL ASSEMBLY OF SINDH y;K;,:a:::r=a-=c.:-h;-:i:~P~r-::in-:-::t;--:-e-:;d-a-;t-;t-;-h-e'S:;-;in---;dh-;--:G;:::--o-ve r n m e n.,..t -=p,....r-es-s 22-05-2018 355J THE SINDH GOVT. GAZETTE EXT. MAY 22. 2018 (e) The Senior Research Officer; (f) The Research Officer. PART-IV · 20. (1) The Minister Livestock and Fisheries Department shall act The Chairman. • as the Chairman. • (2) The Chairman shall be executive head of the Institute. and shall ensure that the provisions of this Act, the Rules, the Regulations in accordance with government policy. (3) The Chairman shall also have the powers; (a) to create and fill temp9rary posts for a period not exceeding six months; , (b) to sanction all expenditure provided for in the approved budget and to re-appropriate funds within the same major head of expenditure through Finance Department; (c) to sanction any re-appropriation of amount for an unforeseen item not provided for in the bu~get; • ( d) to delegate subject to such conditions, if any, as may be prescribed any of his powers under this Act to an officer or officers of the Institute; and (e) to exercise and perform such other powers and functions as may be prescribed. 2.1. There shall be a Director General of the Institute who shall be Director an eminent researcher, preferably PhD in related field, with General. • experience of Director or equivalent in related field and registered member of the Pakistan Veterinary Medical Council and shall he appointed by Government on the recommendation of the Board on such terms and conditions as it may determine. (2) At any time when the ·office of Director General-is vacant, or he is absent or is unable to perform the functions of the office due to illness or some other cause, • Government may, on the recommendation of Chairman, shall make such arrangements for the performance of the duties of the birector General it-may deem fit. • (3) The Director General shall be academic, research and operational head, tbe Drawing and Disbursing Officer and shall implement the decisions of the Board and provisions of this Act, the Rules, the Regulations · and shall ensure that these are faithfully observed in order to promote-the general efficiency and good order of the Institute and shall have all powers necessary for this purpose, including administrative control over all officers, consultants, students and employees of the Institute and shall report to the Chairman in this regard from time to time 9r as desired. ( 4) The Director General shall also have the powers • (a) to prepare and execute all developmental and research schemes and programs of the Institute; (b) to prepare and execute all agreements, contracts, and ~ provisi ons as may be prescribed under this Act; • I .. J.>ART-IV THE SINDH GOVT. GAZETTE. EXT.-MA.Y-22. 2018 (c) to prepare the wo~king paper or agenda of the Board me etings and circulate the minutes of the meetings; ( d) to prepai:e annual budget and get the accounts audited annually, and ensure that the funds of the Institute are expended on the purposes for which they are p rovided; • (e) to be the custodian of the Common Seal and records of the Institute; (f) to sanction the expenditure of an amount not exceeding than rupees one hundred thousand and by re-appropriation of funds of the same amount within the same major head; (g) to direct, officers and other employees of the Institute · to take up such 9ther assignments in addition to their duties and such other activities in the Institute as he may consider necessary for the purpose · of carrying the functions of this Act; • (h)-to delegate subject to such conditions, if any, as may be prescribed any of hi.s pow.ers under this Act to an officer or'officers of the Institute; (i} to appoint employee~ in Basic Pay Scales 03 to 16; and . 0) to exercise and perform such other powers and functions ~s may be prescribed. 22. The Director(s) Jhall be whole-time Officers of the Institute and, shall be appointed by the Board on such terms and conditions . as the Board may determine. 23. All the other remaining officers and employees shall be appointed by such officers or Board of the Institute, as ·authorized by the provisions of this Act They shall perform their duties as may be prescribed. The terms and conditions of service and powers and duties of other officers shall be such as may be 'prescribed. CHAPTER-VI MISCELLANEOUS The Director(s). Other Whole time Officers .. 24. Government.may require!the Institute t9.furnish to it any Returns, document, return, statement, statistics or any other information Statement etc. regarding any matter pertaining to the Institute and the Institute shall comply with such requisition. 25. The Institute may, by gdneral or special order and subject Delegation of to such conditions as it may impose delegate to the Chairman, Power. members or its offic;:ers any of its powers, duties or functions under this Act, or the rules and regulati.bns made there under. 26. (1) The Chairman, members, advisers, consultants,' officers or emploree of the Institute sha)l, while acting or purporting to act under this Act. rules or regu1ations, be deemed to be treated as public servants. • • (2) Notwithstanding anythi.ng co ntajned in this Act• Public Servant, Power to require Officet, employee to serve undet' an:r Government or other (a) any officer· or (?ther e!l}ployee of the Institute shall as· Organization . . the Government · may in the publi<: Interest and in consultation with th~ Chairman direct, serve in any po~ under Government or any qther educati9nal or research , institution; i • - t. .. • . ~,<.. •. 355K ...