Pakistan Agricultural Research Council Ordinance, 1981

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THE PAKISTAN AGRICULTURAL RESEARCH COUNCIL 
ORDINANCE, 1981 
 
 
 
 
 
 
CONTENTS 
 
CHAPTER I 
 
PRELIMINARY 
1.  Short title extent and commencement 
2.  Definitions 
CHAPTER II 
 
ESTABLISHMENT OF THE COUNCIL 
3.  Establishment of the Council 
CHAPTER III 
 
FUNCTIONS AND POWERS OF THE COUNCIL 
4.  Functions and Powers of the Council 
5.  Directions from the Government 
CHAPTER IV 
 
MANAGEMENT 
6.  Board of Governors 
7.  President 
8. Executive Committee 
9.  Chairman 
10. Whole-time member 
11.  Term of office of non-official member 
12.  Meetings 

 
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13.  Delegation of Powers by the Board 
14.  Validation of Proceedings 
CHAPTER V 
 
ESTABLISHMENT 
15.  Appointment of officers, etc. 
16.  Transfer of existing civil servants to the council 
 
CHAPTER VI 
 
FINANCE 
17.  Grants, etc. 
18.  Funds 
19.  Budget and accounts 
20.  Exemption from taxes 
21.  Investment of funds 
22.  Borrowing power 
23.  Financial assistance to council 
24.  Annual report 
CHAPTER VII 
 
GENERAL AND MISCELLANEOUS PROVISIONS 
25.  Power to make rules 
26.  Power to make regulations 
27.  Officers, staff, etc. deemed to be public servants 
28.  Ordinance XXIII of 1969 not to apply to council 
29.  Indemnity of council, etc. 
30.  Notice of suit against council, etc. 
31.  Certain claims for compensation to be barred 
32.  Winding up 
33.  Savings 
34.  Removal of difficulties 
 
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THE PAKISTAN AGRICULTURAL RESEARCH COUNCIL 
ORDINANCE, 1981 
 
ORDINANCE No. XXXVIII OF 1981 
[29th December, 1981] 
An Ordinance to provide for constituting and re-organizing the Pakistan Agricultural 
Research Council. 
 
 WHEREAS it is expedient to provide for constituting and re -organising the Pakistan 
Agricultural Research Council and for matters connected therewith or ancillary thereto ; 
  
 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 the fifth day of July, 1977, read 
with the Provisional Constitution Order, 1981 (C.M.L.A. Order No. 1 of 1981), and in exercise of all 
powers enabling him i n that beha lf the President is pleased to make and promu lgate the following 
Ordinance :— 
  
CHAPTER I 
 
PRELIMINARY 
  
1. Short title, extent and commencement. ___ (1) This Ordinance may be called the Pakistan 
Agricultural Research Council Ordinance, 1981. 
  
(2) It extends to the whole of Pakistan. 
  
(3) It shall come into force at once. 
  
2. Definitions.  In this Ordinance, unless there is anything repu gnant in the subject or 
context___ 
  
(a)  “agriculture” means crops, livestock including po ultry, fisheries , forestry,  
range management, soil science, socio -economic institutional and engineering 
aspects connected therewith and such other activities and subjects as the 
Federal Government may, by notification in the  official Gazette, declare to b e 
agriculture within the meaning of this clause ; 
  
(b)  “Board” means the Board of Governors of the Council ; 
  
(c)  “Chairman” means the Chairman of the Council ; 
  
(d)  “Council” means the Pakistan Agricultural Research Council established 
under section 3 ; 
  
(e)  “Executive Committee” means the Executive Committee of the Board. 
  
 
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(f)  “Prescribed” means prescribed by rules or regulations; 
  
(g)  “President” means the President of the Board ; 
  
(h)  “research establishment ” includes agricultural ex periment stations, field 
stations, institutes, centres, sub -centres, laboratories and other units of the 
Council howsoever designated ; 
  
(i)  “regulations” means regulations made under this Ordinance ; and 
  
(j)  “rules” means rules made under this Ordinance. 
_______ 
 
CHAPTER II 
 
ESTABLISHMENT OF THE COUNCIL 
  
3. Establishment of the Council.  ___ (1) There shall be established a Council to be called the 
Pakistan Agricultural Research Council. 
  
(2) The Council shall be a body corporate having perpetual succession and a comm on seal 
with powers, subject to the provision of this Ordinance, to acquire, hold and dispose of property, 
both movable and immovable, and shall by the said name sue and be sued. 
  
(3) Unless the Federal Government, by notification in the official Gazette,  otherwise directs, 
the headquarters of the Council shall be at Islamabad. 
  
(4) The Council may from time to time establish regional offices, local offices, sub -offices 
and research establishments at such places as it may deem fit. 
______ 
 
CHAPTER III 
 
FUNCTIONS AND POWERS OF THE COUNCIL 
  
4. Functions and powers of the Council. The functions of the Council shall be___ 
(a)  to undertake, aid, promote and coordinate agricultural research ; 
  
(b)  to arrange the expeditious utilization of the research results ; 
  
(c)  to establish research establishments mainly to fill in the gaps in existing 
programme of agricultural research ; 
  
(d)  to arrange the training of high -level scientific man power in agricultural 
sciences ; 
  
(e)  to generate, acquire and disseminate information relating to agricultural ; 
  
(f)  to establish and maintain a reference and research library ; and 
  
  (g)  to perform any other functions related to the matters aforesaid. 
 
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5. Directions from the Government. In discharging its functions, the Council shall be bound 
by such directives and orders, if any, as may be given to it on any questions of policy by the Federal  
Government which shall be the sole judge as to whether a question is a question of policy. 
_______ 
CHAPTER IV 
 
MANAGEMENT 
  
6. Board of G overnors.___(1) The overall control, direction and superintendence of the 
affairs of the Council shall vest in a Board of Governors consisting of the following members, 
namely: ___ 
  
(i)  the President ; 
  
(ii)  the Chairman ; 
  
(iii)  not more than five whole-time members ; and 
  
(iv)  such other members as the Federal Government may appoint on the 
recommendations of the Chairman from time to time. 
  
(2) The appointment of the Chairman and other members shall be made by notification in the 
official Gazette. 
  7. President. The Federal Minister incharge of the Ministry dealing with Agriculture shall be 
the President of the Board. 
  
8. Executive Committee .___(1) There shall be an Executive Committee consisting of the 
Chairman and the whole-time members of the Board. 
 
(2) Subject to the provisions of this Ordinance and the rules and regulations and the general 
or special directions of the Board, the Executive Committee shall be the principal administrative 
body of the Council responsible for executin g all polic ies and discharging all functions of the 
Council under this Ordinance. 
  
(3) Notwithstanding anything contained in sub-section (2), the Executive Committee shall— 
(i)  undertake regular review of the evaluation of the ac complishments and 
progress of the r esearch projects and the programmes of the research 
organizations ; and 
  
(ii)  exercise control over the research activities of the Council. 
  
9. Chairman. ___(1) The Chairman shall be the chief executive of the Council.  
  
(2) The President of Pakistan shall appoint an eminent scientist connected with agriculture to 
be the Chairman on such terms and conditions as he may determine. 
  
(3) The Chairman shall hold office during the pleasure of the President of Pakistan. 
  
 
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(4) The Chairman shall hav e such powers and perform such functions as are assigned to him 
by or under this Ordinance. 
  
(5) The Chairman may, from time to time, for the purpose of ensuring efficient functioning of 
the Council and facilitating its day to day functions, delegate to m embers, officers and employees of 
the Council such of his functions, powers or duties as may be considered necessary by him. 
  10. Whole-time members. The whole-time members shall be appointed by the President of 
Pakistan for a period of three years and s hall perform such functions and exercise such powers as are 
assigned to them by or under this Ordinance and shall be eligible for re-appointment. 
  
11. Term of office of non -official members. ___ (1) The members of the Board who are not 
officials of the F ederal Gove rnment, hereinafter referred to as non -official members, shall, unless 
otherwise directed by the Federal Go vernment, hold office for a term of three year and shall be 
eligible for re-appointment. 
  
(2) A non -official member may, by writing unde r his hand addressed to the Federal 
Government, resign his office. 
  
(3) A casual vacancy in the office of a non-official member shall be filled by the appointment 
of another member for the residue of the term of his predecessor. 
 
12. Meetings. ___ (1) The meetings of the Board shall be held at least twice a year and shall be 
presided over by the President or, in his absence, by a member nominated by him for the purpose. 
  
(2) Subject to the provisions of sub -section (1), the meetings of the Board and of th e 
Executive Committee or of other committees shall be held at such times and at such places and in 
such manner as may be prescribed by regulations: 
  
Provided that, until regulations are made in this behalf, such meetings shall be convened by 
the Chairman. 
  
(3) Unless otherwise prescribed, one -third of the total members in the case of the Board and 
one-half of the total members in the case of the Executive Committee shall form a quorum at any 
meeting of the Board or the Executive Committee, as the case may be: 
  
Provided that no quorum shall be necessary for an adjourned meeting. 
  13. Delegation of Powers by the Board.  The Board may from time to time delegate to the 
Executive Committee such of its functions and powers as it may consider necessary: 
  
Provided that the  Executive committee may , in an emergency which in its opinion requires 
immediate action, take such action as it considers necessary and shall report it for approval to the 
Board in the next meeting. 
  14. Validity of Proceedings. No act, proceeding, decision or order of the Council, Board or 
Executive Committee shall be invalid by reason only of the existence of a vacancy in, or any defect 
in the constitution of the Council, Board or Executive Committee. 
 
 
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CHAPTER V 
 
ESTABLISHMENT 
  
15. Appointment of officers, etc. ___ (1) The Council may appoint such officers and staff as 
it may consider necessary for the efficient performance of its functions on such terms and conditions 
as may be prescribed. 
  
(2) The Council may engage on contract experts and  consultants for a period not exceeding 
two years at a time on such terms and conditions as it may determine and subject to such directions 
as the Board may from time to time give in this behalf. 
 
(3) Notwithstanding anything contained in any contract or a greement or in the conditions of 
service, every person serving in or under the Agricultural Research Council constituted under the 
Agricultural Produce Cess Act,  1940 (XXVII of 1940)  immediately before the  commencement of 
this Ordinance,  including persons on deputati on to other organizations or abroad, shall stand 
transferred to the Council and become an employee, of the Council on the same terms and 
conditions, including remuneration, tenure of service, rights and privileges as to pension and gratuity 
and other matte rs, as were applicable to him immediately before the commencement of this 
Ordinance, until his employment in the Council is terminated in accordance with his conditions of 
service or his terms and conditions are altered by regulations, which sha ll not be less favourable than 
those by which he was governed immediately before his transfer to the Council. 
  
16. Transfer of existing civil servants to the Council. ___(1) Notwithstanding anything, 
contained in any law, contract or agreement or in the co nditions of  service, every civil servant 
employed in the Attached Department portion of the Directorate-General of the Pakistan Agricultural 
Research Council and serving in or under the Council immediately before the commencement of this 
Ordinance, includi ng persons on deputation to other organizations or abroad, shall, save as 
hereinafter provide, cease to be a civil servant  and stand transferred to, and become an employee of, 
the Council 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 
the commencement of this Ordinance, until his employment in the Council 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 Council. 
  
(2) Any person referred to in sub -section (1) who is on deputation with the Attac hed 
Department portion of the Direc torate-General of th e Pakistan Agricultural Research Council shall 
continue in the employment of the Council on deputation in accordance with the terms of his 
deputation. 
  
(3) Any pers on referred to in sub -section (1 ) m ay, within three months from the 
commencement of this Ordinance, opt not to be transferred to the service of the Council and the 
option so exercised shall be final. 
  
(4) An employee who opts under sub -section (3) not to be transferred to the service of th e 
Council m ay, as far as possible, be provided a suitable posting elsewhere by the Federal Govern -
ment. 
  
(5) If an employee does not accept the appointment offered to him under sub -section (4), 
within the time allowed to him, or if it is not possible for the Federal  Government to provide a 
 
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suitable posting to him under that sub-section, his service shall stand terminated on the date on which 
he declines the offer or the time allowed to him expires or, as the case may be, on which the Federal 
Government informs him th at it is not possible to provide a suitable posting to him, and he shall be 
entitled to be paid by the Federal Government compensa tion equivalent to three months’  
remuneration. 
 
Explanation. ___ The compensation payable to an employee under this  sub-section shall be in 
addition to and not in deroga tion of his rights as to pension, gratuity, provident fund money or other 
benefits to which he may be entitled under his conditions of service. 
  
(6) The termination of service of an employee under sub -section (5) shall be deemed to be 
discharge from service owing to abolition of a permanent post f or the purpose of admissibility of 
compensation pension. 
  
(7) The Federal Government shall pay pension charges and gratuity in respect of, and 
provident fund accumulations of, each employee transferred to the Council under sub -section (1), in 
such manner and to such extent as may be prescribed by rules. 
  
(8) No person referred to in sub -section (1) who stands transferred to the Council shall, 
notwithstanding anything co ntained in any law for the  time being in force, be entitled to any 
compensation because of his transfer. 
______ 
 
CHAPTER VI 
 
FINANCE 
  
17. Grants, etc.  ___ The Federal Government may, from time to time, place annual grants at 
the disposal of the  Council for the smooth discharge of its functions and the efficient conduct of its 
affairs. 
  
18. Funds. ___ (1) There shall be constituted for the Council a fund to which shall be credited 
all the sums received by the Council and out of which shall be de frayed all the expenditure incurred 
by the Council.  
  
(2) The funds of the Council shall consist of____ 
  
(a)  grants made by the Federal Government and the Provincial Governments ; 
  
(b)  grants, donations, endowments, contributions, aid and assistance g iven by 
other organisations ; 
  
(c)  foreign aid and loans obtained or raised with the approval of the Federal 
Government ; and 
  
(d)   receipts from other sources. 
  19. Budget and accounts. ___(1) The Council shall,  in respect of each financial  year, submit 
for the approval of the Federal Government, by  such date and in such form as may be prescribed by 
rules, a statement showing the estimated receipts and expenditure and the sums which are likely to be 
required from the Federal Government during the financial year. 
 
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 (2) The Council may open accounts in any scheduled bank in Pakistan. 
  
(3) The accounts of the Council shall be maintained in such form and manner as the Federal 
Government may determine in consultation with the Auditor-General of Pakistan. 
  
(4) The accounts of the Council shall be audit by one or more auditors who are chartered 
accountants within the meaning of the Chartered Accountants Ordinance, 1961 (X of 1961) and are 
appointed by the Federal Government in consultation with the Auditor -General of Pakistan on such 
remuneration, to be paid by the Council, as the Federal Government may fix. 
 20. Exemption from taxes. Notwithstanding anything contained in the Business Profits Tax 
Act, 1947 (XXI of 1947) , the Gift-tax Act, 1963 (XIV of 1963)  the  Wealth-tax Act, 1963 (XV of 
1963), the Income Tax Ordinance, 1979 (XXXI of 1979)  or any other law for the time being in force 
relating to income -tax, super -tax, wealth -tax, gift -tax, capital gains tax or business profits tax, the 
Council shall not be liable to pay any such tax on its income, capital, profits, wealth, gifts or gains. 
21. Investment of funds. Subject to such instructions as the Federal Government may, from 
time to time, issue, the Council may invest its funds, in any security of the Fe deral Government or a 
Provincial Government or in any of the securities enumerated in section 20 of the Trusts Act, 1882. 
  
22. Borrowing Power.  The Council may, with the previous sanction of the Federal 
Government, and on such terms and conditions as may  be approve d by the Federal Government, 
borrow in Pakistan currency or foreign currency. 
  
23. Financial Assistance to Council . The Council may, with the approval of the Federal 
Government, accept financial or any other assistance and grants of any kind i n furtheran ce of its 
objects and in order to discharge its functions. 
  
24. Annual report. The Council shall furnish to the Federal Government, as soon as possible 
after the end of each financial year, but not later than the last day of December next follo wing, a 
report on the conduct of its affairs for that year, and shall publish the same alongwith a Summary of 
the accounts for that year. 
_______ 
CHAPTER VII 
 
GENERAL AND MISCELLANEOUS PROVISIONS 
  
25. Power to make rules.___(1) The Federal Government may,  by notification in the official 
Gazette, make rules for carrying out the purposes of this Ordinance. 
  
(2) In particular and without prejudice to the generality of the foregoing provis ion, such rules 
may provide for___ 
 
 (i)  the functions and powers of the Chairman ; 
  
(ii)  the appointment and terms and conditions of service of the whole -time 
members of the Council, including disciplinary matters ; and 
  
 
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(iii)  the conditions under which the Council may enter into arrangements with 
other institutions and  individual organisations, whether public, private or 
autonomous bodies. 
26. Power to make regulations.  ___ (1) The Council may, with the previous sanction of the 
Federal Government, by notification in the official Gazette, make regulations not inconsisten t with 
this Ordinance and the rules providing for all matters for which provision is necessary or expedient 
for the purpose of giving effect to the provisions of this Ordinance and the efficient conduct of the 
affairs of the Council. 
  
(2) In particular an d without p rejudice to the generality of the foregoing provision, the 
regulations may provide for— 
  
(i)  the appointment of the officers and employees of the Council ; 
  
(ii)  the terms and conditions of service of the officers and employees of the 
Council including pension and disciplinary matters ; 
  
(iii)  the conduct of business at the meetings of the Board and the Executive 
Committee ; 
  
(iv)  the duties, functions and conduct of the officers and employees of the Council 
; 
  
(v)  preparation of annual estimates of income and expenditure and supplementary 
estimates ; 
  
(vi)  the forms of returns and statements for various purposes ; 
  
(vii)  the constitution of benevolent fund, group insurance, gratuity, provident fund 
and welfare fund for the Council employees ; 
  
(viii)  the manner in which payments are to be made by or on behalf of the Council 
and the officers by whom orders for making deposits or investments or for 
withdrawals or any other disposal of the income or funds of the Council shall 
be authenticated, made or signed ; and 
  
(ix)  the custody and use of common seal of the Council. 
  27. Officers, staff, etc. deemed to be public servants. Every official member of the Council 
or Board and every officer and employee of the Council shall be deeme d to  be a p ublic servant 
within the meaning of section 21 of the Pakistan Penal Code (Act XLVof 1860). 
 28. Ordinance XXIII of 1969 not to apply to Council.  Nothing contained in the Industrial 
Relations Ordinance , 1969 (XXIII of 1969) , shall apply to or in  relation t o the Council or its 
establishments or any of the officers or employees of the Council. 
  
29. Indemnity of Council, etc. ___(1) No suit, prosecution or other legal proceedings shall lie 
against the Council or any member or any other officer or s taff of the Council for anything in good 
 
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faith done or intended or purported to be done under this Ordinance or rule, regulation or order made 
thereunder. 
  
(2) The Council shall not be responsible for any misfeasance, malfeasance or non-feasance of 
any officer or employee, for the time being of the Council. 
  
30. Notice of suit Against Council, etc. ___ (1) 1[A suit may] be instituted against the Council 
or any member or any person associated with the Council or against any officer or employee of the 
Council or against any person acting under the direction or authority of the Council, the Chairman or 
of any officer or employee of the Council in respect of any act purporting to be done under this 
Ordinance or the rules or regulations 2[after] the expiration of 3[two months] from the delivery of a 
written notice at the head office of the Council or the place of abode of such member, officer, 
employee or person stating th e cause of action, the name and address of the intending plaintiff and 
the nature of the relief sought. 
  
(2) I n every such  suit the plaint shall contain a statement that such notice has been so 
delivered. 
  
4[(2A) Where any such suit is instituted without delivering or leaving such notice as aforesaid 
or before th e expiration of the said period  of two mon ths, or where the plaint d oes not contain a 
statement that such notice has been so delivered, or left, the plaintiff shall not be entitled to any costs 
if settlement as regards the subject -matter of the suit is reached or the Council or the memb er, 
officer, employee or person concedes the plaintiff's claim, within the period of two months from the 
date of the institution of the suit: 
  
Provided that, in a suit instituted without such notice, the Court shall allow not less than three 
months to the Council to submit its written statement.] 
(3) Notwithstanding anything contained; in the Limitation Act, 1908  (IX of 1908),  no such 
suit as is described in sub -section (1) shall, unless it is a suit for the recovery of immovable property 
or for a declaration of title thereto, commence otherwise than within six months next after the accrual 
of the cause of action. 
 
 31. Certain claims for compensation to be barred. No person shall have any right, whether 
in contract, tort or otherwise, to any compensation for any loss incurred by reason of the operation of 
any of the provisions of this Ordinance or by reason of the compliance by any other organisation 
with any policy guidelines or directions given to it under th is Ordinance or under any rules  or 
regulations. 
  
32. Win ding-up. No provision of law relating to the winding up of bodies corporate shall 
apply to the Council and the Council shall not be wound up except by the orders of the Federal 
Government in such manner as the Federal Government may direct. 
 
 
 
 
 
1 Subs. by the Pakistan Agricultural Research Council (Amdt.) Ordinance, 1985 (10 of 1985), s.2, for “No. suit shall”. 
2 Subs. ibid., for “Until”. 
3 Subs. ibid., for “one month”. 
4 Ins. ibid., 
 
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  33. Savings. Upon the commencement of this Ordinance,___ 
   
(a)  all f unds, properties, rights and interests of whatsoever kind issued, used, 
enjoyed, possessed, owned or vested in the Agricultural Research Council in 
existence im mediately before such commencement and all liabilities legally 
subsisting against th e said Coun cil shall pass to the Council as established 
under this Ordinance ; 
  
(b)  everything done, action taken, obligations or liabilities incurred, rights and 
assets acquired, persons appointed or authorised, jurisdiction or powers 
conferred, endowments, bequests, funds or trusts created, donations or grants 
made, orders issued under an y of the provisions of the Acts , rules or 
regulations, applicable to the said Council, shall remain in force and be 
continued and, having regard to the various matters  which by t his Ordinance 
have to be regulated or prescribed by rules or regulations, be deemed to have 
been respectively done, taken, incurred, acquired, appo inted, authorised, 
conferred, created, made, or issued under this Ordinance and reference in any 
document to any of the provisions of the said Acts or the rules or regulations 
made thereunder shall, so far as may be, b e deemed to be reference to the  
corresponding provisions of this Ordinance or the  rules or regulations made or 
deemed to have been made thereunder ; and 
  
(c) any rules or regulations made under the said Acts shall, in so far as they are 
not inconsistent with the provisions of this Ordinance or the rules and  regula-
tions made under this Ordinance having regard to the various matters which by 
this Ordinance have to be regulated or prescribed by rules or regulations 
respectively shall continue to be in force, until they are repealed, replaced, 
rescinded or modified in accordance with the provisions of this Ordinance. 
  
34. Removal of diffi culties. If any difficulty arises in giving e ffect to any provisions of this  
Ordinance, the Federal Government may make such order, not inconsistent with the express 
provisions of this Ordinance, as may appear to it to be necessary or expedient for the pur pose of 
removing the difficulty.