National Institute of Oceanography Act, 2007

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THE NATIONAL INSTITUTE OF OCEANOGRAPHY ACT, 
2007 
 
 
 
CONTENTS 
CHAPTER I 
 
PRELIMINARY 
1.  Short title, extent and commencement 
2.  Definitions 
3.  Establishment of the Institute 
CHAPTER II  
 
MANAGEMENT 
4.  Functions of the institute 
5.  Management 
6.  Board of Governors 
7.  Composition of the Board of Governors 
8.  Functions and powers of the Board 
9.  Term of office of members 
10.  Meetings of the Board 
11.  Director General of the Institute 
12.  Powers and functions of the Director General 
13.  Executive Committee 
14.  Technical Advisory Committee 
15.  Funds 

 
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16.  Appointments of officers, etc 
17.  Budget and accounts 
18.  Delegation of powers 
CHAPTER III  
 
MISCELLANEOUS 
19.  Submission of periodical reports, etc 
20.  Directives from the Government 
21.  Discoveries and inventions to vest in the Institute 
22.  Declaration of fidelity and secrecy 
23.  Continuance of certain rules 
24.  Winding up 
25.  Dissolution of Institute 
26.  Exemption from taxes 
27.  Ordinance XCI of 2002, not to apply the Institute 
28.  Removal of difficulties 
29.  Power to make rules 
 
 
  
 
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THE NATIONAL INSTITUTE OF OCEANOGRAPHY ACT, 2007 
ACT No. III OF 2007 
[3rd May, 2007] 
An Act to provide for establishment of the National Institute of Oceanography 
WHEREAS 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 conservat ion 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:— 
CHAPTER I 
 
PRELIMINARY 
1. Short title, extent and commencement:___ (1) This Act may be called the National 
Institute of Oceanography Act, 2007.  
(2) It extends to the whole of Pakistan.  
(3) It shall come into force at Once. 
2. Definitions :___ In this Act, unless there is any thing repugnant in the s ubject or 
context,— 
(a)  “Board” means the Board of Governors;  
(b)  “Director General” means the Director General of the Institute;  
(c)  “Executive Committee ” means the Executive Committee of the 
Institute;  
(d)  “Government” means the Federal Government:  
(e)  “Institute” means the Institute of Oceanography;  
(f)  “Maritime Zone” means maritime zone of Pakistan;  
(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;  
(j)  “regulations” means regulations made under this Act;  
(k)  “rules” means rules made under this Act; and  
 
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(1)  “Technical Advisory Committee ” means the Technical Advisory 
Committee of the Institute. 
3. Establishment of the Institute :___ (1) As soon as may be after the commencement 
of this Act, the National Institute of Oceanography shall established by the Federal Government 
in accordance with the provisions of the Act.  
(2) The Institute shall  be a body corporate by the name of the National Institute of 
Oceanography having perpetual succession and a common Seal, with power subject to the 
provisions of this Act, to acquire and hold property, and shall by the said name sue and be sued.  
(3) The Institute shall be located at Karachi and may establish sub-stations in the coastal 
areas of Pakistan.  
(4) Until the Institute is established under this Act, the institute established under the  
resolution of the Federal Government shall continue to functio n 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 undertake 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 levels;  
(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, to serve as a national 
repository for all oceanographic data or i nformation concerning 
Pakistan's maritime areas;  
(e)  to provide necessary advice to the Government and collaborate with 
other national agencies engaged in maritime activities;  
(f)  to coordinate and maintain liaison with the international organizations 
and institutes for arranging training or experts services; procurement of 
specialized instruments and equipment; transfer of marine technology, 
and development of cooperative research programmes:  
(g)  to hold seminars workshops or symposia at national, international, 
regional and sub-regional level; and  
(h)  any other Work assigned by the Government incidental to the functions. 
 
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5. Management:___ The management of the Institute shall consist of___ 
(a)  Board of Governors:  
(b)  Director General; and  
(c)  Executive Committee. 
6. Board of Governors:___ The Board of Governors shall have the general control and 
superintendence of the affairs of the Institute and shall exercise all powers and perform all 
functions of the Institute.  
7. Composition of the Board of Governors :___ (1) The Board of Governors sha ll 
consist of following members, namely:— 
(a) Minister for Science and Technology 
 
President 
(b) Secretary, Scientific and Technological Research 
Division 
 
Vice-President 
(c) Chairman, PCSIR Member 
Member 
(d) Joint Scientific Adviser (P&C), Ministry of Science 
and Technology 
Member 
(e) Director General, Geological Survey of Pakistan 
Member 
(f) Representative from Ministry of Finance not below 
the rank of Joint Secretary 
Member 
(g) 
 
Director General (Petroleum Concessions), Ministry 
of Petroleum and Natural Resources 
 
Member 
(h) Hydrographer, Pakistan Navy 
 
Member 
(i) Director Centre of Excellence in Marine Biology, 
University of Karachi 
Member 
(j) Deputy Chief, Maritime Affairs Wing, Ministry of 
Defence 
Member 
(k) Chief Scientist, National Institute of Oceanography 
Member 
(l) Director General, Marine Fisheries Department, 
Karachi 
Member 
(m) Director General, Sindh Environment Protection 
Agency, Karachi 
Member 
 
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(n) Representative of Pakistan Space and Upper 
Atmosphere Research Commission  
Member 
(o) Representative, Sea Food Industries, Karachi 
Member 
(p) Representative of Fishermen Cooperative Society, 
Karachi 
Member 
(q) Director General, National institute of Oceanography 
Member 
(r) One Member each from National Assembly and 
Senate to be nominated by the Speaker and the 
Chairman, respectively. 
Member 
(s) One representative from the Province of Baluchistan 
to be nominated by the Provincial Government. 
Member 
(2) Director General, National Institute of Oceanography shall also act as Secretary of 
the Board. 
8. Functions and powers of the Board :___ In 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;  
(b)  review and approve annual and long-term business plans of the Institute;  
(c)  review and approve research projects proposed by the Technical 
Advisory Committee;  
(d)  approve the annual development and no n-development budget of the 
Institute;  
(e)  create posts of such officers and servants, and engage such consultants 
or experts, as it may consider necessary for the efficient performance of 
the functions of the Institute, on such terms and conditions as i t may 
deem fit;  
(f)  recommend to the Government to terminate the contract of the Director 
General before the expiry of his tenure in case of unsatisfactory 
performance; and  
(g)  make regulations in the light of rules for carrying out activities 
considered necessary for achieving efficient functioning of the Institute 
under this Act; 
9. Term of office of members :___ (1) Save as hereinafter provided, a member, other 
than an ex-officio members, shall hold office for a period of three years from the date of his 
 
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nomination and shall be eligible for re -nomination for such further period or periods not 
exceeding three years at any one time as the Federal Government may deem fit. 
  (2) A person who becomes, or is nominated to be a member by virtue of his holding an 
office or appointment shall cease to be a member when he ceases to hold that office or 
appointment.  
 (3) A member, other than an ex-office 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 till such vacancy.  
(5) No act or proceeding of the Board shall be invalid on the ground only 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 of appointment of such members 
in such manner as it may prescribe. 
10. Meetings of the Board:___ (1) Save as hereinafter provided the Board shall regulate 
the procedure for its meetings. 
(2) Meetings of the Board shall be called by the President on such date and at such time 
and place as he may deem fit: Provided that at least two meetings shall be held every year.  
(3) Nine members shall constitute the quorum of a meeting of the Board.  
(4) Each meeting of the Board shall be presided over by the President and, in his 
absence, by the Vice-President of the Board. 
11. Director General of the Institute:___ (1) The Government in consultation with the 
Board shall appoint an eminent scientist or engineer having at least ten years relevant 
experience preferably holding a degree of Ph.D. as the Director General on such terms and 
conditions as may be prescribed. 
(2) The Government, in consultation with the Board of Governors, may extend the 
tenure of the Director General for suc h period as may be specified by it or convert it into 
permanent appointment. 
12. Powers and functions of the Director General :___ The 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:— 
(a)  to ensure the efficient functioning of the Institute and to regulate its day 
to day working;  
 
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(b)  to prepare the research plans in consultation with Technical 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 Institute to the Government which 
shall lay it before the parliament.  
(g)  to identify the areas of strength and working and formulate remedial 
programme;  
(h)  to commission industry's specific studies and identify technical 
problems and to approve plans for technical scientific input by the 
Institute;  
(i)  to arrange management courses on regular basis for managerial level of 
the Institute;  
(j)  subject to the provisions of clause  
(e)  of section 8 to appoint officers and employees of the institute on such 
terms and conditions as may be prescribed; and  
(k)  to delegate to an y other officer of the Institute such of his functions, 
powers and duties as he may consider necessary. 
13. Executive Committee :___ (1) The Executive Committee shall assist the Director 
General in running day to day functions of the Institute and be responsible for administrative 
as well as financial 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 Science and Technology; and  
(d)  officer in-charge of Administration of the Institute, who shall also act as 
its Secretary. 
(2) All decisions of the Executive Committee shall be reported to the Board for 
information.  
 
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(3) The Government may increase or decrease the number of members of the Executive 
Committee and prescribe the qualifications and mode of appointment of such members in such 
manner as it may prescribe. 
14. Technical Advisory Committee :___(1) There shall be a Technical Advisory  
Committee of the Institute comprising the following members namely:— 
(a)  Director General, Geological Survey of Pakistan;  
(b)  Director General, Petroleum Concessions, Ministry of Petroleum and 
Natural Resources, Islamabad:  
(c)  Director General, Environmental Protection Authority, Government of 
Sindh;  
(d)  Hydographer, Pakistan Navy;  
(e)  Professional Geologist to be nominated by the Government;  
(f)  representative of Karachi Port Trust;  
(g)  representative of Sindh Fisheries Department;  
(h)  representative of Baluchistan Fisheries Department; and  
(i)  representative of Fishermen Cooperative Society, Karachi. 
(2) The Director General of the institute shall be the Chairman of the Technical 
Advisory Committee.  
(3) The Committee shall— 
(a)  identify and prepare research programmes relevant to the market 
demand;  
(b)  propose Annual, Five-Year Development Programmes of the Institute;  
(c)  advise and report on any technical matters referred to it by the Board; 
and  
(d)  conduct performance evaluation of the research programme for 
consideration by the Board. 
(4) The Government may increase or decrease the number of members of the Technical 
Advisory Committee and prescribe the qualifications and mode of appointment of such 
members in such manner as it may prescribe. 
15. Funds:___ The Funds of the Institute shall comprise— 
 
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(a) the funds of the Institute which stand transferred to the Institute under 
section 25;  
(b)  the grants from the Government and the Provincial Governments;  
(c)  the donations and endowments; and  
(d)  the funds generated through sale proceeds, technical services, and 
income from patents, etc; and research grants. 
16. Appointment's of officers, etc :___ (1) All appointments in the Institute shall be 
made by the Director General. 
(2) Rules will provide for “two-track” appointments; contractual and permanent.  
(3) Recruitment rules shall provide for conversion of contractual appointments to 
permanent appointments.  
(4) The Board may make regulations for recruitment of its employees and the Director 
General shall act according to those regulations.  
(5) A regular employee of the Institute before the commencement of this Act shall have 
the option to be deemed to be a civil servant under the Civil Servants Act of 1973  (LXXI of 
1973) and shall be entitled to all the privileges and facilities of the Government such as pension, 
gratuity, housing and health. 
17. Budget and accounts:___ (1) The Director General of the Institute shall, in respect 
of each financial year, subm it for approval of the Board, a statement showing all the 
expenditures incurred during the year along with estimated receipts and expenditure for each 
fiscal year. 
(2) The Institute shall, by such date and in such form as may be prescribed, submit to 
the G overnment 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) The accounts of the Institute shall be maintained i n such form and manner as the 
Government may determine in consultation with the Controller General Account.  
(4) The accounts of the Institute shall be audited by the Auditor General of Pakistan. 
18. Delegation of powers :___ The Board may, by general or sp ecial order in writing, 
direct that such of its powers shall, in such circumstances and under such conditions, as may 
be specified in the order, be exercised, by the Chairman, Executive Committee, or a member 
or officer of the Institute. 
CHAPTER III  
 
MISCELLANEOUS 
 
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19. Submission of periodical reports, etc :___ The Institute shall submit to the 
Government at such time and at such intervals as the Government may specify— 
(a)  such periodical reports and summaries as may be required by the 
Government;  
(b)  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 specific 
point;  
(d)  copies of the documents required by the Government; and  
(e) original documents required by the Government for examination or any 
other purpose. 
20. Directives from the Government :___ (1) In the performance of its functions, the 
Institute shall be guided on questions of policy by the instructions if any, given to it by the 
Government which shall be sole judge as to whether a question is a question of policy, provided 
that reasons for issuing such a directive are conveyed in writing 
(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 to 
discoveries and inventions and any improvements in materials, methods, processes, apparatus 
or equipment 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.  
22. Declaration of fidelity and secrecy :___ Every member, adviser, officer or other 
employee of the Institute shall make such declaration of fidelity and secrecy as may be 
prescribed.  
23. Continuance of certain rules :___ All rules, regulations and bye-laws made by the 
Institute and in force immediately before the commencement of this Act shall, mutatis 
mutandis, and so far as they are not, inconsistent with any of the provisions of this Act, continue 
in force until repealed or altered by rules or regulations made under this Act.  
24. Winding up:___ No provision of law relating to the winding up of bodies corporate 
shall apply to the Institute and the Institute shall not be wound up except by order of the 
Government and in such manner as the Government may direct.  
25. Dissolution of Institute :___Upon the commencement of this Act, the Institute 
formed under the Resolution No. F.  5(10)/82-ST.V/NIO dated 10th May, 1982, of the 
Government shall stand dissolved and upon such dissolution— 
(a)  all assets, rights, powers, authorities and privileges and property, 
movables and immovable, cash and bank balance, reserve funds, 
 
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investments and all other interests and rights in, or arising out of such 
property and all debts, liabilities and obligations of whatever kind of the 
Institute subsisting immediately before its dissolution shall stand 
transferred to and vest in the Institute established under this Act;  
(b)  all officers and other employees of the Institute shall, notwithstanding 
anything contained in any law or in any agreement, deed, document or 
other instrument, stand transferred to the Institute in accordance with the 
present terms and conditions of the service applicable to them; and no 
officer or other employee whose services are so transfe rred shall be 
entitled to any compensation because of such transfer;  
(c)  all debts and obligations incurred or contracts entered into or rights 
acquired and all matters and things engaged to be done by, with or for 
the Institute formed under the Resolution before its dissolution shall he 
deemed to have been incurred, entered into, acquired or engaged to be 
done by, with or for the Institute; and  
(d)  all suits and other legal proceedings instituted by or against the Institute 
formed under the Resolution,  before its dissolution shall be deemed to 
be suits and proceedings by or against the Institute and may be 
proceeded or otherwise dealt with accordingly. 
26. Exemption from taxes:___ Notwithstanding anything contained in the Income Tax 
Ordinance, 2001 (XLI X of 2001 ), Or any other law for the time being in force relating to 
income tax, the Institute shall not be liable to pay any such tax on its, income, capital profit , 
wealth, gifts or gains.  
27. Ordinance XCI of 2002, not to apply the Institute :___ Nothing contained in the 
Industrial Relational Ordinance, 2002 (XCI of 2002), shall apply to or in relation to the institute 
or any of the officers, advisers and employees appointed by it.  
28. Removal of difficulties:___ If any difficulty arises in giving effect to any provision 
of this Act; the Government may make such order, not inconsistent with the provision of this 
Act, as may appear to it to be necessary or expedient for this purpose of removing the difficulty.  
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.