National Institute of Oceanography Act, 2007 (Act No. III of 2007)

REGISTERED No. M - 302 L.-7646 ::) Cf,e . ,ttte {!Q of •ufftan b ◄ EXTRAORDINARY PUBLISHED BY AUTHORITY ISLAMABAD, THURSDAY, MAY 3, 2007 PART I Acls, Ordinances, President's Orders and Regulations NATIONAL ASSEMBLY SECRETARIAT Islamabad, the 3rd Ma.v, 2007 No. F. 22(1)/2005-Legis.-The following Act of Majlis-c-Shoo~a (Parliament) received the assent of tht:: President on the 27th April, 2007, and is hereby published for general information: Acr No. Ill OF 2007 An Act tu provide for establishment of the National /11.Itit11te rl OceatW,?raphy W1!Eo{EAS it is expedient to provide for establishment of National Institute of Oceanography to conduct, coordinate and promote research in oceanography and marine sciences for the purpose of protection and conservation of marine environment including exploration, exploitation and management of marine resources within maritime zones and for matters connected therewith or ancillary thereto; It is hereby enacted as follows: (311) Price : Rs. 10:50 l387(2007)/Ex. Gaz.J 312 THE GAZETTE OF PAKISTAN, EXTRA .. MAY 3, 2007 [PARTI CMAJlllU I PREUMINARY I. Short title, extent and commencement.-( I) This Act may be called the Naiional Institute of Oceanography Act, 2007. (2) It extends to the whole of Pakistan. (3 J It shall cornc in!o force at Once. 2. Definitions.-ln thi~ Act, unless there 1s any thing repugnant in the wh.iect or context, (a) "Board" means the Board of Governors; (h) "Director Genera!" means the Director General of the Institute; (1:) "Executive Committee" means the Executive Committee of the Institute; (cl) "Government•· means the Federal Government; (e) ''Institute·• means the Institute of Oceanography; (f) "Maritime Zone" means maritime zone of Pukis1an: (g) "Member .. means a member of the Board: (h) "prescribed'" means prescribed by rules made under this Act; (i) "President" means the President of the Board: (D "regulations" means regulations made under this Act; (k) "rules" means rule,~ made under this Act; and (I) "Technical Advisory Committee .. means the Technical Advisory Commillee of the lnstitllte. J. Establishment of the Institute.-( I) As soon as may be after the c,Hnmem:ementofthis Act, the National Institute of Oceanography shall be established by the Federal Governmcnl in accordance with the provisions of the Act. TI-IE GAZElTE OF PAKISTAN, EXTRA., MAY ~- 2007 (2) The Institute shall be a body corporate by the name of the Natidnal lns1itute or Oceanography having perpetual succession nnd a common Sea!, wi:h power, subjct:t to the provisions of this Act, to acquire and hold property, and shall by the said name sue and he sued. 0) The Institute shall be located at Karachi and may establish sub-stations in the coastal areas of Pakistan. (4) Until the lnstitute is established under this Act, the institute established under the resolution of the Federal Government shall continue to function and while so functioning be deemed to be the institute established under this Act. CHAPTER II MANAGEMENT 4. Functions of the Institute.-The functions of the Institute shall be (a) to undert,1ke mission oriented multi-disciplinary research in physical. chemical, biological and geological oceanography in Pakistan's maritime zones; (b) to under take oceanographic surveys at the national. International. regional and sub-regional level<.; (c) to under take training programmes in various fields of oceanography for the development of indigenous manpower and expertise: (d) to establish a National Oceanographic Data Centre, tn servl' as a national repository li..w all oceanographic data m information concl'rni1tg Pakistan's maritime areas; (e) to provide necessary advice to the Government and collaborate with other national agencies engaged in maritime activities; (t) to coordinate and maintain liaison with the international nrganiutinns and institutes fur arranging training or experts services: procurement of specialized instruments and equipment; transfer of marine technology, and development of cooperative research programme-;: (g) to hold seminars workshops or symposia at national, intcrnation:1L regional and sub-regional level: and 3!4 THE GAZETTE OP PAKISTAN, EXTRA .. MA'Y 3. 21)()7 I P,\RI I (h) any other Work a,,ig:ncd by 1he Government im.:idenwl to the functions. 5. Management.-The management of the Institute ,hall consist of (a) Board of Governors; (b) Director General; und (c) ExecutiveCommittee. 6. Board of Gm•ernors.-The Board of Governors shall have the general control and superintendence ol' the ;1ffain; of the Institute and shall exercise all powers and perform all functions of the Institute. 7. Composition of' the B.oard of Governors.-( I) Th~ Board of Governors :-.hall consist of following members, nrnnely: (a) Mini:-.tcr for Science .ind Tei.:hnolog.y (h) Secretary, Scientific .ind Technolo~ical Research Division (c) Chairman, PCSIR (d) Joint Scientific Adviser(P&C), Ministry of Science and Technology (c) Director General, Geological Survey of Pakistan (f) Representative from Ministry of Finance not below the rank of Joim Secretary (g) Director Gener.ii (Petroleum Concessions), Ministry of Pctnileum and Natural Resources (h) Hydrographer, Pakistan Navy (i) Director Centre of Excellence in Marine Biology, Univer5ily of Kanichi (j) Dep"tY Chief. Madtimc Affoics Wing. Ministry of Defence President Vice- P reside11f Mt•mber Member Member Member Ml'mher Member Memher Memb,·r PMrl] THE GAZETTE OF PAKISTAN. EXTRA .. MAY 3, 2fXJ7 315 (k) Chief Scientist. National Institute of Member Oceanography (I I Director General. M,irine Fisheries Member DepartmenL K,1rachi (m) Director General, Sindh Environment Member Protection Agency, Karachi (a) Representative of Pakistan Space and Member Upper Atmosphere Research Commission (o) Representative, Sea. Food Industries, Me111her Kamchi (p) Representative of Fishermen Cooperative Memher Society, Karachi (q) Director General, National institute Member of Oceanography (c) One Member each from National Two Memher Assembly and Senate Lo be nominated hy the Speaker and the Chairman. respectively. (s) One representative from the Province of Me111her Balochistan to be nominated by the Provincial Government (2) Direc1or General. National Institute of Oceanography shall al.~o 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 programmes of the Institute in the context of National Science and Technology Policy: (h) review and approve annual and long Lcrm business plans of the Institute: (c) review and approve research projects proposed by the Technical Advisory Committee: 3 ]() THE GAZETTE OF PAKISTAN, EXTRA, MAY 3. 2(Kl7 IPAlffl td) approve the annual development and non-development budget of the Institute·, (e) create posts of such oflicers :md servant.'., and engage such consultants or expert~. ,is it may consider necessary for the efficient performance or the functions of the Institute, on ~uch tcnm and condition:-. as it may deem fit; (f) recrnnmend tu the Government to tcrrnin..itc the contract of the Director General before the expiry of his wnure in case of unsatisfactory performance; and (g) make regulations in the light of rules for carrying nut activities considered necessary for achieving efficient functioning of the Institute under this Act; 9. Term of office of members.-( I) Save as hereinafter provided, ,1 1nemhcr, other than an ex-officio members, ~hall hold oflicc for a period of three yem-; from the dale of his nomination and shall be eligible for re-nomination for such l"urthcr period or periods not exceeding three years at any (lnc time as the Federal Government may deem fit. (2) A per,ion who becomes, or is nominated to be a member hy virtue ni" his holdmg an office or appointment shall cease to be ..i member when he cea'>c'> to hold !hat office ur appointment. (]) A member. other than an ex-o.f.ficio member, may at any time resign his membership by writing under his hand addressed to the Federal Government but shall continue to perform his functions until his resignation is accepted. (4) A vacancy caused by resignation or any other reason shall be filled by the nomination of a person qualified to fill such vacancy. (5) No act or proceeding of the Board slrnll he invalid on the ground unly of the existence of a 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 ol' appointment of such members in such m;.rnncr a'> it may prescribe. 10. Meetings of the Board.-(!) Save as hereinafter provided, the Board .,h,lll regulate the procedure for its meetings. PART I! THE GAZETrE OF PAKISTAN, EXTRA., MAY 3, 2007 317 (2) Meetings of the Board shall be called hy the President on such date and at such time and place as he may deem lit: Provided that at leasl two meetings shall be held every year. (1) Nine members shall constitute the quorum of a meeting of the Board. (4) Each meeting: of the Board shall he presided over hy the President and. in his ahsence, by the Vice-President of the Board. 11. Director General of the Institute.-t l) The Government 111 consultation with the Board shall appoint an eminent scientist or engineer having al least ten ycurs relevunt expericncc preferably holding a degree or Ph.D as the Director General on such terms and conditions a.<, may be prescribed. (2) The Government, in consultation with the Board of Governors, may extend the tenure of the Director General for such period as may be specified hy it or convert it into permanent appointment. 12. Powers and l'unctions of the Director General.-Thc Director General shall be the Chief Executive of the Institute and shall work under the supervision of the Board and shall have following powers and perform the following functions: ta) to ensure the efficient functioning of the Institute and to regulate its day to day working; (b) tu prepare the research plans in consultation with Te..:hnical Advisory Committee and to submit them to the Board for approval; (c) to ensure. the preservation of all assets of the Institute including intellectual property assets; (d) to promote commercialization on research and development work of the Institute linking: it with demand as expressed by end users: (e) to arrange for annual evaluation report of the Institute; (f) to submit the annual report of the Instilute to the Government which shall lay it before the parliament. (g) to identify the areas nf strength and working and formulate remedial programme; THE GAZETTE OF PAKISTAN, f::XTRA, MAY J. 2ll07 (h) to commission industry's specific s1udies and idcmlfy technical probh.:rns and to approve plans for technical scientific input by the Institute; (i) to arrange management courses on regular basis for managerial level of Lhe Institute; (j) subject to the provisions of clause (c) of section 8 lo appoint officers and employees of the institute on such Lenns and conditions as may be prescribed: and (k) to delegate to any other officer of the Institute such of his functions. powers and duties as he may consider necessary. 1:1. Executive Committee.-{!) The Executive Committee shall assist the Director General in running day to day functions of the Institute and he responsible for administrative as well as linancial matters of the Institute. The Committee shall comprise the following members. namely: (a) Director General of the Institute; (b) two most senior Scientific or Technical Officers; (c) Financial Adviser. Ministry of Scieru:e and Technology; and (d) officer in-charge of Administration of the Institute. who shall also act us its Secretary. (2) All decisions of the Executive Cornmillee shall b..: r..:portcd to the Board for informatitm. en The Government may increase or decrease the number of members of the Executive Committee and prescribe the qualifica1ions and mode of appointment of such members in su,:h manner as it may prescribe. 14. Technical Advisory Committee.-( I) There shall be a Technical Adviwry Committee of the Institute comprising the following members, namely: (a) Director General, Geo!tigical Survey ol' Pakistan! (b) Director General, Petroleum Concessions, Ministry of Petroleum and Naturul Resources. Islamabad: ',WI Ji THF (iAZITl'f: 01· PAKISTAN. IXI RA .. MAY :\. 2007 (c) Din:clor (ic11L·ral. l·:1wirunmc11t,d PrnlCCllllll Authority. G(lVL'rlllll<.'111 nl"Simlh: (d) Hydugraphcr. Pakistan Navy: (l'} Prol"essional Geologist to be nomimllcd by 1he (iovernmcnt: (f) n:prcsentativc of Karachi Port Trust: (gl representative or Sindh Fislll·rics Department; (hJ representative of Blm.:histan Fisheries Department; and (iJ rcpre.~entative of Fishermen Cooperative Society. K:trachi (2) The Director Oencral of the Institute ,hall be the Clwirrnan or the Technical Advisory Committee. (J) The Cnmmittee shall (a) identify and prepare research programmes relevant to the market demand; (h) prop<1se Annual. Five Year Development Programmes of the Institute: (c) advise nnd report on any technical matters referred to it by the Board: and (d) conduct perhirmam:e evaluation of the research prognunml'. for c,msideration b\ the Hoard. (4) The Government may increase or dccrl'.asc the m1111ber ul" memher-; (lf the 'l'cchnirnl Advisory C(1mmittce and prescnhe the qu..il1fica!i(m.., and mode of appointment or wch members in such manner as it may prescribe. ! 5. Funds.-The Funds of the Institute shall mm prise (a) the fond~ of the Institute which stand transferred to the Institute under section ~5: (h) the grants l'rom Lhl' Government and Lhe Provincial Government~: (c) the donations and endowments; and 320 THE GAZETJ'E OF PAKISTAN, EXTRA .. MAY J. 2007 [P,-11<11 (dJ th1..· funds genernlcd through sak prm:ccds. lcchnicul servkcs. and 1nco11w frn111 palenl\, etc: and rcse,m:h grants. l 6. Appointment's of oflicers, etc.-( 1) All appointmerns 111 the l11slitute shall be made by Lhe Director General. (~) Rules will provide for .. two-track" ..ippointments: contractual ,rnd permanent. (3) Recruitment rules shall provide for conversion of contractunl appointment,;; to permanent appointments. (-1-J The Board may make regulations for recruitment of it~ employees and the Director Genl'ral shall act according to thme 1·cgula1iorn,. (5) A n:gulur employee of the Institute before the co1rnnencemt·11t of this Ad sh:111 huve the op11on 10 he deemed 10 he a civil servant under the Civil Servant~ Act uf l 973 ( LXXI of 1973) and shall be t'11ti1k(I !(1 ,dl the privilege<; and r,1ei l1ties or the li(l\ernment such a'> pe11sm11. gratuity. housing ;ind he;il!h 17. Budget and accounts.-(!) The Director General of the Jnst;lute <;hall. in rcspetl (Jf each fimmcial year, ~uhmit for apprtwal (if the 8(1ard. a s!1.11crncnt ~bowing all the expenditures incurred during th1:; year along with estimated receipts and expenditure for each fi'.'.cal year. (2) The Institute shall, by such date and in such form as may be prescribed, suhmil to the Governmet11 for approval of its budget for each financial year showing. the estimated receipts and expenditure and the sums which are likely to be required from the Government during the financial year. (3) ThL' accounb of the ln~litute shull be maintained in such form aPd manner U'.'. the Government may determine in cnnsultati:m with theContnlllerGL·neral An:ounL (-l.) The accounts of the Institute shall he audited hy lht' Auditor (lt'neral of Pakistan. 18. Delegation of p owers.-The Board muy, hy general or special order in wri!ing, direct that such of its powers shall, in such circumstances and under such rnnditions, as may be specified in the order. be exercised, by the Chairman. Executive Committee. or a member or officer of the Institute. l\w1 II THE UAZETJ'E OF PAKISTAN. EXTRA .. MAY :S. 1007 :m CHAPTER Ill MISCELLANEOUS ~~~~ 19. Submission of periodical re1,orts, ctc.-The lnslttute shall submit In the Ciovcrnmenl al such time and at such intervals as the Government may specify (a) such periodic<.1] reports and summaric-. ,1s may ])c required hv thL· Government; (h) such periodical returns, accounts, statements and statistics as may be required by the Government: (c) information and comments asked for by the Government on any .~pecific point: (d) copies or 1he documents required hy !he Government, and (e) original documc-nt~ required hy the (]ovcrnmcnt for ex..111111rn1io11 or any other pllrposc. 20. Directhes from the Government.-( I) In the performance or ih fo11clion~. Lhc 111-.rituk' shall he- guided 011 questions of policy by the ins1ructions. ii" <.my. given Lo it by the ( lo•ern111e11t which shall he sole judge ,is 10 whether .i questi(m is a question of policy, provided that reasons for issuing such <l directive ,m.· conveyed in wri1ing: (2) The Government may at any time dissolve and reconstitute the Board. if deemed necessary in the public interest. 21. Discoveries and inventions to vest in the Institute.-All rights relating: lo discoveries and inventions and any improvements in matl'.rials; methods. processes, app..tratus nrequipment made by any officer or employee of the Institute in the course of his employment shall vest in the Institute and the researchers as per rules. 21. Declaration of fidelity and secrecy.- Every member, adviser, officer or other employee of the Institute shu!l muke such dcclarntion (if fidelity and seC!"L'CY as m..iy he prescribed. 23. Continuance of certain rules.-All rule~, reg ul..ttions ,ind byr-law:-. made hy the Institute and in force immedia1ely before 1hc cornmt·nec-111c1H or this Act sha\L 11111/alis mwa11dis, and so far as they are not inconsistent with any or the provisions of this Act, continue in force until repealed or altered by niles or regulations made under !his Act. THE GAZETIV Or' PAKISTAN, £:Xl'RA. MAY 3. 2(XJ7 I P.-\lff 1 ~~~~~ 24. \'\finding up.-No provision or law relating tn 1he wi11di11g ur Di"hodil's corpora[(.' sh,dl apply lo the Institute and the Institute shall nut he \\ound 11r L'XCl'pt hy order or the Government <.ltl<l 111 sm:h 1rnmncr ,1s the Government rn,1y d11·l'Cl. ::5 Dissolution of lnstilutc.-Upnn thl' cnmmenccrncnl or this Act. Lile lnslitule !"ormcrl under the Rcsolutinn No. F. 5(10)/82-ST.V/J\ilO dated !Olli May. 1982. or the Ciovcrnmcnl shall s1all(! dissolved ,md upon such dis..,olulion--• (a) all a~sc\'>. ri~hh. p,)Wt'Vi, authorities and privikgc'> ,md prnpcny. mnvahks and immovahk. cash and bank balanci:. rescrn: l"unds. investments and all other interests and rights in. or arising out of such prnpcny and all debts, linbilities and obligations or whatever kind or the lnslitule subsisting: immediately before its di.\.~olution shall stand transferred lo and vest in the ln::;tilute established under this Act: lb) al I officers and 01her employees of the I nslitute shall. nol w ithslanding anything contained in any lmv or in :my agreement. deed. document or other 111slrument. stand transferred to the Institute in accordance with the pn:'>e11t terms and conditmns or the service applicable to them: and no nfficer or other employee who~e services arc so transl"erred shall he entitled lo any enrnpcns; ition because of such u·anskr: fcl all debh and ohlig;.1lio11s incurred or contracts cnkred into m righh acquired and all 111;1ttcr~ and things t'ngaged to he dDnc by. with or for the ln.~tilutc formed undi:r the Resolution hefon.· 11'> d1s~olu1inn shall be deemed tu ha,·e hcc11 incurred. entered into. ,i..:qu1red or cngaj!t.:d to be done by. with or l"nr the [n..,tilult.:: and (d) a!I suits and other legal proceedings instituted by or against the ln..,titute formed under the Resolution, he fore its <lissolulion shall he deemed to be suits and proceedings by or .igui11s1 the ln\litute and may be prrn:eeded or otherwise dealt with acconlingly. 26. Exemption f'n)m taxes.-Nn1wi1h~1anding anything contained in till' lnenme l'ax Ordinance. 200 ! (XLJX of200 I). or any other law l"or the time being: 1n force rclating:to income tax, the lnslirnte sha!l nnt he liable to pay any such lax on i1~. income, capital profit. we:ilth. gifts or gains. 27. Ordinance XCI of ;wo2, not to a1>ply the lnstitute.-Nuthing contained 111 the Industrial Relations Ordinance. 2002 (XCI or:2002). shall apply w or in rela!i,rn lo the instilllk' or any of lhe officers. ad\ i'>er.s :md crnpln) ces :1ppu111lL'd hy i1 PART I] THE GAZETTE OF PAKISTAN, EXTRA .. MAY 3. 2007 323 28. Removal of difficulties.-If any difficulty arises in giving effect to any provision of this Aet: the Government may make such order, not inconsistent with the provision of this Act. as may appear to ii to be necessary or expedient for this purpose of removing the diffieulty. 29. Power to make rules.-The Government may, by notification in the official Gazette, make rules. within six months from the commencement of this Act. to carry out its purposes. ZIA-UL-HAQ, Secretary. PRINTED BY Tl!E MANAGf:R, !'RINT!NCi CORl>QRATION Of PAKJSrAN PRESS. ISLAMi\BAO l'l 'Bi.lSHH) IIY TIii- l)Ef'l 'TY COi': rnrn.1 ER. ~TAI l()NF:RY ANIJ FORMS. l'NIVERSl"I Y ROAD, KARACHI , , , , , , , , , , , , , , , , , , , , , , , , , I ,