Health Services Academy Ordinance, 2002

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HEALTH SERVICES ACADEMY ORDINANCE, 2002 
[4th October, 2002] 
ORDINANCE No. LXII OF 2002 
An Ordinance 
to provide for the establishment of Health Services Academy 
WHEREAS it is in the interest of the country in general and the medical, public health, 
health services administration and allied professions in particular to establish a center of 
excellence to pro vide a strong base for improvement in health status and human resource 
development and for matters incidental thereto or connected therewith; 
AND WHEREAS the President is satisfied that circumstances exist which render it 
necessary to take immediate action; 
NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth 
day of October, 1999, and the Provisional Constitutional Order No. 1 of 1999, read with the 
Provisional constitution (Amendment) Order No.9 of 1999, and in exercise of all po wers 
enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to 
make and promulgate the following Ordinance:- 
1.  Short title and commencement:__(1)This Ordinance may be called the Health 
Services Academy Ordinance, 2002. 
(2) It shall come into force at once. 
2.  Definitions:__ In this Ordinance, unless there is anything repugnant in the 
subject or context.- 
(a)  "Academy" means the Health Services Academy; 
(b)  "Board" means the Board of Governors of the Academy; 
(c)  "Committee" means the Executive Committee of the 
Academy; 
(d)  "Council" means the Academic Advisory Council of the 
Academy;  
(e)  "Executive Director" means the Executive Director of the 
Academy; 
(f)   "rules" and "regulations" mean the rules and regulat ions made 
under this Ordinance; and 

 
 
(g)  "Teacher" includes Head of Department, Professors, Associate 
professors, Assistant Professors, Lecturers, Instructors and 
Research Staff engaged by the Academy, or such other persons 
as may be recognised to be teachers by the Committee. 
 
3.  Establishment of the Academy:__ (1) There shall be established an Academy 
to be called the Health Services Academy Islamabad consisting of- 
(a)  the members of the Board; 
(b)  the Committee and other bodies as the Board may establish;  
(c)  the Executive Director and the Teachers of the academy; 
(d)  the teachers and students of the Academy and its constituent 
and affiliated units; and 
(e)  such other officers and members of the st aff as the Board may, 
from time to time, specify. 
(2) The Academy shall be an autonomous body by the name of the Health Services 
Academy having perpetual succession and a common seal, with powers, among others, to 
acquire, hold, control and dispose of move able and immovable properties and shall by the 
said name sue and be sued. 
(3) The headquarters of the Academy shall be at Islamabad and it may set up its 
branches at such places in Pakistan as the Board may determine. 
4.  Functions and powers of the Academ y:__ To perform its academic and 
administrative functions in order to achieve its objectives, the functions and powers of the 
Academy shall be- 
(a) s to provide  for instruction  and training  in health sciences,  
technology  and other allied disciplines   in  such  manner  as  it  
considers  appropriate   so  as  to  produce  competent, 
imaginative, skilled and committed health professionals, 
doctors, scientists and experts; 
(b)  to undertake joint investigation and collaborative research in 
the field of h ealth sciences, biomedical technology and other 
allied disciplines; 
(c)  to provide assistance  to health and allied professions,  
institutions  and organisations  in Pakistan and abroad through 
 
 
expert advice, consultations, institutional consultancies and  in 
any other manner as it may deem fit; 
(d)  to promote contact and establish linkages with national and 
international institutions and other academic, research and 
development organisations in Pakistan and abroad for effective 
discharge of its functions and responsibilities; 
(e)   to pursue and make provisions for research, innovations, 
inventions, demonstrations and other services as it may deem 
fit; 
(f)  to print, publish and circulate periodicals, journals, magazines 
and books and disseminate scientifi c, technological and other 
related knowledge and information conducive to the attainment 
of any of the objectives of the Academy; 
(g)   to admit, teach and examine students; 
(h)  to confer or award degrees, memberships, fellowships, 
diplomas, certificates,  academic and research prizes and 
distinctions on, and to, persons who fulfill the requirements; or 
have passed its examinations under arrangement and in 
collaboration with the, Quaid-i-Azam University; 
(i)  to affiliate other institutions, in accordance w ith rules and 
regulations and to provide for the  teaching  of  specified  
courses  and  training  for  persons  not  being  the  students  of  
the Academy and grant certificates, diplomas and degrees to 
such persons by the Quaid-i-Azam University; 
(j)   to accept the examinations passed and the period of study 
spent at other places of learning as equivalent, to such 
examinations and periods of study in the Academy as it may 
determine; 
(k)  to create posts within the available financial resources for 
teaching, research, extension, administration, training and other 
related purposes; 
(l)   to  inspect  hospitals,  schools,  colleges  and  other  
institutions  of  learning  affiliated  or seeking affiliation with it 
and grant affiliation in accordance with prescribed procedure; 
(m)  to institute  and award  honoraria,  scholarships,  stipends,  
bursaries,  medals  and prizes under prescribed conditions; 
 
 
(n)   to establish, administer and maintain halls of residence and 
approve place as hostel and lodging for students; 
(o)   to supervise and control the discipline of the students of the 
Academy, and promote extra - curricular  and  recreational  
activities  of  such  students,  and  to  make  arrangements  for 
promoting their health and general welfare; 
(p)  to de mand and receive fees and other charges as it may 
determine; 
(q)  to  authorise   the  mobility   of  qualified   staff  among   
various   institutions,   research organisations and the 
Government or corporate bodies on the terms and conditions 
laid down in the Rules or Regulations; 
(r)   to institute  Professorship,  Associate  Professorship,  
Assistant  Professorship,  Research Associate -ship, and any 
other posts, and make appointments thereto; 
(s)   to prescribe courses of studies in health sciences, biomedical 
technology and other allied disciplines;  and  to  decide  
teaching  methods  and  strategies  in  order  to  ensure  the  
most effective educational and training programmes; 
(t)   to  establ ish  field  demonstration  areas,  laboratories,  
museums  and  other  facilities  for training, education and 
research; 
(u)  to affiliate or associate itself with other institutions and to 
establish faculties in Pakistan or abroad for the effective 
discharge of its functions; 
(v)  to use its funds, financial and other resources to the fullest 
extent for the execution of its programmes; 
(w)  to enter  into  agreements,  contracts  and  arrangements  with  
organisations,  institutions, bodies and individuals for the 
purpose of carrying out its functions and activities; 
(x)  to receive and manage property transferred and grants, 
bequests, trusts, gifts, donations, endowments  and  other  
contributions  made  to  it  and  invest  any  funds  representing  
such property,  grants,  bequests,  trusts,  gifts,  donations,  
endowments  or  contributions  and  to convert one kind of 
property into other, in such manner as it may deem fit; and 
 
 
(y)  to do all such other acts and things  as may be required  to 
further  its objectives  and performance of its functions. 
5.  Academy open to all classes and creeds, etc:__The Academy shall be open to 
all persons of either  sex of whatever  religion,  race, creed, colour  or domicile  who are 
academically qualified for admission to the courses of study offered by the Academy, and no 
such person shall be denied the privileges of the Academy on grounds of sex, religion, creed, 
race, class, colour or domicile. 
6.  Board of Governors:__  The overall control of the Academy shall vest in the 
Board of Governors of the Academy which shall consist of the following members, namely:- 
 Minister of Health, Government of Pakistan…………………… Chairman 
  Secretary, Ministry of Health………………………………… Vice-Chairman 
  Director General, Ministry of Health…………………………... Member 
  President, Pakistan Medical and Dental Council……………... Member 
  Vice-Chancellor, Quaid-I-Azam University…………………… Member 
 Executive Director, Pakistan Medical Research Council……... Member 
 Financial Adviser, Ministry of Health………………………… Member 
 Secretary, Department of Health, Punjab…………………….. Member 
   Secretary, Department of Health, Sindh………………………. Member 
 Secretary, Department of Health, NWFP……………………… Member 
 
 
   Secretary, Department of Health, Balochistan………………… Member 
 Three distinguished  persons known for their learning or 
experience in the field of banking, finance, industry or any  other 
related  field  but  including  one  eminent health 
scientist………………………………………………………... Member 
 Executive Director of the Academy…………………………… Member 
(2) The Executive Director of the Academy shall act as Secretary of the Board. 
7.  Term of members :__ (1) The term of members, other than ex officio 
members, shall be three years. 
(2) A member other than an ex officio member may resign his office by writing under 
his hand addressed to the Chairman of the Board. 
(3) When a person is appointed to be a membe r of the Board by virtue of his holding 
an office or appointment, he shall cease to be such member when he ceases to hold that office 
or appointment. 
8.  Power and Functions of the Board of Governors :__ (1) The Board shall 
exercise powers and perform the following functions, namely;- 
 
(a)  to approve the creation of new components of the Academy 
such as a department, faculty or any other teaching or research 
unit; 
(b)  to  approve  changes  in  the  cons titution  of  any  Committee  
or  any  other  body  of  the Academy; 
(c)  to perform all such other activities as may be required for the 
furtherance of the objectives of the Academy; 
(d)  to  delegate  any  of  its  powers  to  any  Committee,  the  
Executive  Director  or  other appropriate levels of 
management, subject to such conditions as it may deem fit. 
(e)  to approve long term strategy, policies and plans governing the 
activities a nd operations of the Academy so as to ensure its 
autonomy in teaching, research and other academic work; 
 
 
(f)  to approve plans of work and the annual budget of the 
Academy; 
(g)  to fix the remuneration,  allowances and honoraria for all the 
staff, both aca demic and administrative, commensurate with 
their qualifications and experience, in order to attract the best 
talent from within and outside Pakistan for the Academy; 
(h) to call for annual progress reports relating to the activities of 
the Academy and exe cution of the approved work plans to 
review the progress and to direct the Executive Director to 
furnish information relating to any matter specified by the 
Board; 
(i)  to create such administrative or academic posts within the 
available resources on speci fied terms  and  conditions  as  it  
may  deem  necessary  and  to  approve  appointment  to  the 
administrative  and academic posts, on the recommendation  of 
a duly constituted Selection Committee; 
(j)  to ensure financial  viability of the. Academy and effectiveness 
of its operations, their continuity and preservation of the 
autonomy of the Academy; 
(k)  to approve all affiliations and other arrangements through 
which other educational and research organizations may 
become associated with the Academy and vice versa; 
(l)  to appoint from amongst its members such committees or sub -
committees as it may deem necessary; 
(m)  to take all such initiatives as it may consider necessary or 
desirable for the efficient and effective management of the 
Academy; and 
(n)  to approve the rules and regulations of the Academy. 
(2) Until the rules referred to in clause (n) of sub -section(1)  are framed, the officers 
and employees  of the academy shall continue  to be governed  by the rules applicable  to 
them immediately before the commencement of this Ordinance. 
(3) In the discharge of its functions, the Board shall be guided on questions of policy 
by the instructions, if any given to it from time to time by the Federal Government, who shall 
be the sole judge as to whether a question is a question of policy. 
 
 
9.  Meetings of the Board :__ (1) The Board shall meet at least twice a year at 
such place, date and time as may be notified to the members by the Secretary of the Board 
with the approval of the Chairman. 
(2) The quorum for the meeting of the Board shall not be less than six members, a 
fraction being counted as one. 
(3)  The decision of the Board shall be expressed in terms of the view of the 
majority of the members present and voting and in the event of tie, the Chairman of  the board 
shall have, and exercise, a casting vote. 
(4)  The meeting of the Board shall be presided over by the Chairman and, in his 
absence, by the Vice-Chairman. 
(5)  Where the proceedings of the meeting called under sub -section (1) cannot 
commence due to lack of quorum or where the meeting of the Board could not be called and 
agenda needed immediate consideration by the Board, the agenda may be considered by 
circulation to the members of the Board by the Secretary, with the approval of the Chairman. 
The decision taken by the majority members shall be construed as a decision taken in the 
meeting of the Board convened under this section; 
(6)  No act or proceeding of the Board shall be invalid by reason only of the 
existence of any vacancy in, of defect in constitution of, the Board. 
10.  Academic Advisory Council :__ The  Academy  shall have Academic  Advisory  
Council nominated by the Committee and consisting of national and international doctors, 
scientists, academicians and other experts to- 
(a)   delineate priorities foe research; 
(b)  guide and direct the executive committee on all academic 
matters; 
(c)  recommend such measures which will foster and enhance 
interaction and collaboration between the Academy and other 
existing national and international or ganisations, institutions 
and research centres; and 
(d)   work out and propose affiliation measures with foreign 
institutions of repute. 
11.  Executive Committee:__ (1) Subject to the control of the Board, the general 
supervision and control of the affairs  of the Academy shall vest in the Executive Committee 
which shall consists of the following members, namely:- 
(a)  the Executive Director who shall be its Chairman;  
 
 
(b)  one senior Teacher; and 
(c)  a representative of Ministry of Health not below the ran k of 
Joint Secretary. 
(2)  The Executive Director shall, when present, preside over the meetings of the 
Council and, in his absence, a member nominated by him shall preside. 
12.  Powers and duties of the Executive Committee :__ (1) Subject to the general 
control of the Board, the Committee shall carry out its day-to-day administration. 
(2)   In  particular  and  without  prejudice  is  the  generality  of  the  foregoing  
provision,  the Committee shall have the power - 
(a) to hold, control and administer th e property, funds and resources of 
the Academy and borrow or raise money for the purposes  of 
the Academy upon such securities  as may be required; 
(b)  to manage, acquire or dispose of any movable or immovable 
property of the Academy; 
(c)  to exercise exe cutive and financial control over the 
administration of the Academy; 
(d) to prepare the annual budget estimates and annual statements of 
accounts of the Academy; 
(e)  to lay down and define functions of various constituent parts of 
the Academy, including its departments and committees; 
(f)  to  sanction   in  collaboration   with   the  Quaid -i-Azam   
University   schemes   for  the programmes  of teaching and 
research in health sciences, biomedical  technology and other 
allied disciplines leading to the aw ard of degrees by Quaid -i-
Azam University; 
(g)  to develop and approve programmes  of specialized teaching or 
training leading to the award of diplomas or certificates in areas 
of health sciences, allied disciplines and biomedical 
technology; 
(h) to  appro ve  schemes  of  faculty  development   for  
specialisation   in  health  science, biomedical technology and 
other allied disciplines; 
 
 
(i)  to develop and promote collaboration with other appropriate 
bodies for the development of courses in health sciences, 
biomedical technology and other allied disciplines;  
(j)  to secure the services of experts on terms and conditions as it 
may deem fit; 
(k) to perform such other functions as may be necessary for the 
realisation of its approved targets and objectives; and 
(l) to delegate, from lime to time, to the Officers, Teachers and other 
appropriate  levels of management such powers and functions 
as it may consider necessary for the purposes of this Ordinance. 
13.  Officers of the Academy :__ The following shall be the officers of the 
Academy, namely:-  
(a) the Executive Director; and 
(b)  such other persons as may be prescribed by the rules or 
regulations to be the officers of the Academy.  
14.  Executive Director:__ (1)The Executive Director shall be the chief -executive  
officer of the  Academy  and  shall  be  appointed  by  the  Federal  Government  on  such  
terms  and conditions as it may determine. 
(2)  The Executive Director shall exercise general control and supervision over the 
affairs of the Academy and shall ensure that the provisions of this Ordinance, the rules and 
regulations, policies and directions of the Board and the Committee are properly executed. 
(3)  The Executive Director shall perform such other functions as may be entrusted 
to him by the Board or the Committee and in particular shall- 
(a)  submit plans of work and budget estimates of the Academy for 
approval of the Board; and 
(b) submit to the Board, in accordance with the rules and 
regulations, reports on the activities of the Academy. 
(4)  The Executive Director shall also have power- 
(a)  to supervise  the  activities  connected  with  the  execution  of 
programmes  for teaching, tr aining,  research,  inventions,  
innovations,  demonstrations,  institutional  consultancies  and 
other services; 
 
 
(b)  to authorise  expenditure  provided  for in the budget  in 
accordance  with the rules and regulations; 
(c)  to appoint, with the approval  of the Committee, teachers and 
officers of the Academy and such other persons as may be 
necessary in accordance with the rules and regulations so as to 
ensure the highest intellectual and moral qualities in the 
persons appointed; 
(d)  to re -appropriate fu nds within the approved budget with 
previous approval of the Board; 
(e)  to engage experts, consultants and advisers as may be required 
for efficient and effective discharge of the functions of the 
Academy; 
(f)  to constitute from amongst the officers and staff of the 
Academy such committees, sub - committees and working 
groups as he may deem necessary; 
(g)  to perform such other functions and exercise such other powers 
as may be entrusted, or delegated, to him by the Board or the 
Committee, from time to time; and 
(h)  to delegate  any of his powers  to appropriate  levels of 
management  subject  to such conditions as he may deem fit. 
15.  Transfer of employees, etc :__to the Academy.- (1) Notwithstanding anything 
contained in  any  law,  contract  or  agreement  or  in  the  conditions  of  service,  every  
civil  servant employed in the Health Services Academy existing immediately before the 
commencement of this Ordinance, including persons on deputation to other organizations  or 
abroad, shall, save as hereinafter provided, cease to be a civil servant and stand transferred to 
and become an employee  of the Academy,  on the same terms and conditions  including  
remuneration, tenure of service, rights and privileges as to pension and gratuity and other 
matters applicable to them immediately before commencement  of this Ordinance until his 
employment in the Academy  is  terminated  in  accordance  with  his  conditions  of  service  
or  his  terms  and conditions are altered by regulations which shall not be less favourable 
than those by which he was governed immediately before his transfer to the Academy. 
(2)  Any person on deputation to the Academy immediately before the 
commencement of this Ordinance, dependent on his choice and with the permission of 
lending organization, shall either continue  in the employment  of the Academy on deputation  
in accordance  with the terms of his deputation  or shall stand transferred  to t he Academy on 
the same terms and conditions, including remuneration, tenure of service, rights and 
privileges as to pension and gratuity and other matters, as were applicable to him 
immediately before  his transfer to the Academy. 
 
 
(3)  Any person referred to in sub -sections (1) and (2) may, within three months 
from the commencement of this Ordinance, who may, or may not, opt to be transferred to the 
service of the Academy and the option so exercised shall be final. 
(4)  The Federal Government shall pay to the Academy pension, gratuity and 
provident fund accumulations in respect of each employee transferred under sub -section (1) 
in such manner and to such extent as may the Federal Government determine. 
(5)   No  person  who  stands  transferred  to  the  Academy  shall,  notwithstanding  
anything contained in any law for the time being in force, be entitled to any compensation 
because of his transfer. 
16.  Fund, audit and accounts, etc:__ (I) The Academy shall have a FUND w hich 
shall consist of – 
(a)  all grants and contributions made to the Academy; 
(b)  donations, contributions, subscriptions, aid and grants made by 
the donors; 
(c) aid, grants and other forms of assistance by any foreign 
government, Federal Government, Pro vincial Government and 
local bodies, national and international institutions, 
organizations and agencies; 
(d)  fees, subscriptions,  charges and any other payments for any 
service rendered, such as training,  institutional  consultancies,  
sale proceeds,  royalties  on publications,  commission and 
receipts from any other source; and 
(e)        income from any investment and deposits. 
(2)  The accounts of the Academy shall be maintained and audited each year in 
such form and in such manner as may be specifi ed by the Board in consultation with the 
Auditor-General of Pakistan. 
 
17.  Indemnity:__ (1)  No  suit,  prosecution  or other  legal  proceedings  shall  be against  
any person or authority for anything which is in good faith done or intended to be done u nder 
this Ordinance. 
(2)  No decision  taken, act or thing done, by the Ministry  of Health  or the Board 
or the Committee or the Council under this Ordinance shall be called in question before any 
court of law or any other authority. 
 
 
 
 
18.  Power to make rules:__ The Federal Government  may, by notification  in the 
official Gazette,  make  rules  for  carrying  out  the  purposes  of  this  Ordinance,  including  
rules  to regulate the financial and administrative matters related to the Academy. 
19.  Power t o make regulations :__ The Executive Committee may, with the 
approval of the Board, by notification  in the official Gazette, make regulations,  not 
inconsistent  with  this Ordinance  and  the  rules,  providing  for  all  matters  for  which  
provision  i s  necessary  or expedient  for  giving  effect  to  this  ordinance  and  efficient  
conduct  of  the  affairs  of  the Academy. 
20.   Removal  of  difficulties:__  (1)  If  any  difficulty  arises  in  giving  effect  to  
any  of  the provisions of this Ordinance the Ministry of Health may make such order, not 
inconsistent with the provisions of this Ordinance, as may appear to him to be necessary for 
removing the difficulty. 
(2)  Where this Ordinance makes any provision for anything to be done, but no 
provision, or no sufficient provision has been made as respecting the authority by whom, or 
the time at which, or the manner in which it shall be done, then it shall be done by such 
authority, or at such time or in such manner, as the Ministry of Health may direct.