Transfer of Population Welfare Programme (Field Activities) Ordinance, 1983

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THE TRANSFER OF POPULATION WELFARE PROGRAMME 
(FIELD ACTIVITIES) ORDINANCE, 1983. 
 
 
 
CONTENTS 
 
SECTIONS: 
1. Short title and commencement. 
2. Ordinance to override other laws. 
3. Definitions. 
4. Transfer of field activities to the Provincial Government. 
5. Powers, functions and responsibilities of the Provincial Governments. 
6. Functions of the Federal Government, etc. 
7. Transfer of other activities to the Provinces. 
8. Transfer, etc., of employees. 
9. Assets and liabilities, etc. 
10. Financing of the Population Welfare Programme. 
11. Removal of difficulties. 
12. Power to make rules. 
Updated till 06.12.2022

 
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THE TRANSFER OF POPULATION WELFARE PROGRAMME (FIELD 
ACTIVITIES) ORDINANCE, 1983. 
 
ORDINANCE No. XIX OF 1983 
 
[2nd August, 1983] 
 
An Ordinance to provide for the transfer of field activities of the Population Welfare 
Programme to the Provincial Governments. 
 
WHEREAS it is expedient to provide for the transfer of field activities of the Population 
Welfare Programme under the Population Welfare Division to the Provincial Governments for their 
speedy implementation and exercising effective supervision and control 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, and in 
exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate 
the following Ordinance : ___ 
 
1. Short title and commencement.⎯ (1) This Ordinance may be called the Transfer of 
Population Welfare Programme (Field Activities) Ordinance, 1983. 
 
(2) It shall come into force on such date as the Federal Government may, by notification in 
the official Gazette, appoint. 
 
2. Ordinance to override other laws. This Ordinance shall have effect notwithstanding 
anything contained in any other law for the time being in force. 
 
3. Definitions. In this Ordinance, unless there is anything repugnant to the subject or 
context,___ 
 
(a)  “Board” and “Council” shall have the same meaning as in the Population 
Welfare Planning Programme (Appointment and Termination of Service) 
Ordinance, 1981 (XIV of 1981) ; 
 
(b)  “employee” means a person whose services have been regularized under the 
Population Welfare Planning Programme (Appointment and Termination of 
Service) Ordinance, 1981 (XIV of 1981) or who has been recruited in or under 
the Population Welfare Division after the promulgation of the said Ordinance ; 
 
(c)  “field activities” means___ 
 
(i)  provision of Population Welfare Motivational Services by establishing 
contacts with the clients at all levels ; 
 
(ii)  provision of Family Health Service, Clinical and Non-clinical con-
traception through Family Welfare Centres and those Reproductive 
 
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Health Service Establishments located in the Provincial Government 
hospitals, and, particularly, provision of services for rural areas ; 
(iii)  provision of Population Welfare motivation and services through line 
departments of the Provincial Governments; 
 
(iv)  supply of contraceptives and medicines to the desirous clients in urban 
and rural areas of the districts through the network of community 
distribution points, and other agencies involved in the programme; 
 
(v)  implementation of publicity and communication strategy; 
 
(vi)  promotion of community involvement and active participation in 
Population Welfare Programme activities; 
 
(vii)  coordination of Population Welfare Programme activities with other 
nation-building departments at district and local levels; 
 
(viii)  setting up of Advisory Management Committees at Family Welfare 
Centre level and Population Welfare Councils at district and provincial 
levels as provided in the Population Welfare Plan, 1981-84 ; and 
 
(ix)  any other activity of the Population Welfare Programme that the 
Federal Government may specify; 
 
(d)  “Population Welfare Programme” means any such programme in operation at 
the commencement of this Ordinance or as may be formulated by the Federal 
Government from time to time. 
 
  4. Transfer of field activities to the Provincial Governments.___ (1) The field activities of 
the Population Welfare Programme shall stand transferred to the Provincial Governments. 
 
(2) The Federal Government shall determine as to whether a particular activity is a field 
activity within the meaning of this Ordinance. 
 
5. Powers, functions and responsibilities of the Provincial Governments.⎯ (1) Upon the 
transfer of field activities of the Population Welfare Programme to the Provincial Government, all 
powers and functions of the Federal Government in respect of field activities shall, subject to the 
other provisions of this Ordinance, vest in the Provincial Governments. 
 
(2) The Provincial Government shall supply to the Federal Government such returns, 
statistics and information as may be required for monitoring, evaluation and research. 
 
(3) The Provincial Government shall closely collaborate with the Federal Government in 
respect of the functions of the Federal Government referred to in sub-section (1) of section 6 and 
activities which are identified by the Federal Government as Federal functions. 
 
6. Functions of the Federal Government, etc.⎯ (1) The Federal Government shall continue 
to perform all functions pertaining to National Policy, Planning and Coordination, Information, 
Training, Supplies, Statistics, Monitoring and Evaluation, Research and Foreign Assistance. 
 
 
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Explanation.___ In this sub-section, “Information” includes “Education” and 
“Communication” components of the Population Welfare Programme. 
(2) In the performance of their functions relating to field activities, the Provincial 
Government shall be guided by such guidelines and instructions on questions of policy as may be 
laid down and given from time to time by the Federal Government, which shall be the sole judge as 
to whether a question is a question of policy. 
 
7. Transfer of other activities to the Provinces. The working of the field activities of the 
Population Welfare Programme shall be reviewed by the Federal Government from time to time and 
the Federal Government may transfer to the Provincial Governments 1[or withdraw from such 
Government any activities of the Population Welfare Programme as it may deem necessary to 
improve the execution of the Population Welfare Programme]. 
 
8. Transfer, etc. of employees.⎯ (1) Notwithstanding anything contained in any contract or 
agreement or in the conditions of service, an employee shall be retained in the Population Welfare 
Division or transferred to the Provinces as follows :⎯ 
 
(a)  an employee who was recruited or appointed by the Council shall be retained 
in, or, as the case may be, stand transferred to, the Population Welfare 
Division ; 
 
(b)  an employee who was recruited by the Board shall be retained in, or, as the 
case may be, stand transferred to the Province in which he was originally 
recruited ; 
 
(c)  an employee who was originally recruited by the Board but subsequently 
appointed by the Council shall be retained in, or, as the case may be, stand 
transferred to the Population Welfare Division. 
 
(d)  an employee shall, if he was recruited for the Population Welfare Division, be 
retained in that Division and, if he was recruited against a post in a Province, 
stand transferred to the Province of his domicile; and 
 
(e)  a female employee who is married or a widow may be allowed the option to 
be transferred to the Province of the husband's or late husband's domicile: 
 
Provided that the Provincial Government of the Province in which an employee who is to be 
so transferred to the Population Welfare Division or to another Province is serving immediately 
before the commencement of this Ordinance may retain the services of such employee for such 
period as may be agreed upon between the Provincial Government and the Population Welfare 
Division or, as the case may be, the Government of the other Province to which he is to be 
transferred: 
 
Provided further, that the services of an employee, who immediately before the 
commencement of this Ordinance was working in relation to any of the functions of the Federal 
Government under the Ordinance, shall be retained  by the Federal Government in consultation and 
with the agreement of the Provincial Government concerned. 
 
 
1Subs. and shall be deemed always to have been so subs. by ordinance No. 32 of 2001, s. 2. 
 
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(2) Every employee referred to in sub-section (1) shall be entitled to the same terms and 
conditions of service with respect to grade, remuneration, leave and pension to which he was entitled 
immediately before the commencement of this Ordinance 1[and shall, notwithstanding anything 
contained in any other law for the time being in force or any judgment of any Court or tribunal, 
including a High Court and the Supreme Court, be deemed to have become the civil servants of the 
respective Provincial Government on such commencement and shall be governed by the rules and 
regulations made under the Provincial laws relating to civil servants]. 
 
(3) Unless otherwise directed by the Provincial Government, all authorities and officers and 
ministerial staff exercising powers and functions immediately before the date of transfer shall, as 
from that day, continue to exercise their respective powers and functions. 
 
(4) No employee referred to in sub-section (1) shall be entitled to any compensation because 
of his transfer by virtue of, or under, the provisions of this Ordinance. 
 
2[(5) Notwithstanding any judgment of any Court or tribunal, including a High Court, the 
Supreme Court, any law, contract, agreement or in the conditions of service, all actions taken, 
powers, including financial and administrative, exercised, orders or instructions issued, by the 
Federal Government and Provincial Governments in respect of terms and conditions of employees 
referred to in sub-section (1) after their retention in the Federal Government or transfer to the 
Provincial Governments, shall be deemed always to have been validly taken, exercised or issued by 
the Federal Government and Provincial Governments.] 
 
 9. Assets and liabilities, etc. On the commencement of this Ordinance,___ 
 
(a)  all rights and privileges, assets and liabilities, debts and obligations of the 
Federal Government relating to field activities of the Population Welfare 
Programme subsisting immediately before such commencement shall, as from 
such commencement, be the rights, privileges, assets, liabilities, debts and 
obligations of the Provincial Government within whose territorial jurisdiction 
they exist ; 
 
(b)  any contract made on behalf of the Federation for matters relating to field 
activities of the Population Welfare Programme before such commencement 
shall, as from such commencement, if the contract is for purposes which are 
exclusively purposes of the Provincial Government, be deemed to have been 
made on behalf of the Province concerned ; 
 
(c)  all rights and liabilities relating to field activities of the Population Welfare 
Programme which have accrued or may accrue under any such contract shall, 
to the extent to which they would have been rights or liabilities of the 
Federation, be the rights or liabilities of the Province concerned ; and 
 
(d)  all suits and other legal proceedings relating to field activities of the 
Population Welfare Programme instituted by or against the Federation before 
such transfer shall, as from such commencement, be deemed to be suits and 
proceedings by or against the Province concerned. 
 
 
1Added and shall be deemed always to have been so added by ordinance 32 of 2001, s. 3. 
2Added ibid. 
 
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10. Financing of the Population Welfare Programme.⎯ (1) The financial liability of the 
Federal Government in respect of field activities shall be limited to the extent of the approved 
projects and financial grants shall be provided to the Provincial Governments through the 
Development Budget of the Population Welfare Division. 
 
(2) The grants provided to the Provincial Governments for specific approved projects shall 
not be transferred by them to other projects or for any other purpose. 
 
(3) The Provincial Government shall maintain complete and accurate account and other 
record in respect of the Population Welfare Programme in such manner and form as may be specified 
by the Federal Government in consultation with the Auditor General of Pakistan, provided that 
separate accounts shall be maintained for the Head Office and for each organization, unit or project. 
 
(4) The accounts shall be audited by the Auditor General of Pakistan. 
 
11. Removal of difficulties. The Federal Government may, for the purpose of removing any 
difficulty that may arise in bringing into operation, or giving effect to, any provision of this 
Ordinance, make such orders as it may consider necessary. 
 
12. Power to make rules.⎯ (1) The Federal Government may, by notification in the official 
Gazette, make rules for the purpose of giving effect to all or any of the provisions of this Ordinance. 
 
(2) The Provincial Governments may, for the purpose of carrying out the field activities of 
the Population Welfare Programme, make rules with the prior approval of the Federal Government.