TRANSFER OF POPULATION WELFARE PROGRAMME (FIELD ACTIVITIES) ORDINANCE, 1983

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TRANSFER OF POPULATION WELFARE PROGRAMME 
(FIELD ACTIVITIES) ORDINANCE, 1983  
(XIX of 1983) 
CONTENTS 
1. Short title and commencement 
2. Ordinance to override other laws 
3. Definitions 
4. Transfer of field activities to the Provincial Governments 
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 
 
 
 
 
 
TEXT 
TRANSFER OF POPULATION WEL FARE PROGRAMME (FIELD  
ACTIVITIES) ORDINANCE, 1983  
(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 t ransfer 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 
contraception through Family Welfare Centers and those 
Reproductive Health Service Establishments located in the 
Provincial Government hospitals, and, particularly, provision of 
services for rural areas; 
(iii)  provision of Population Welfare motivat ion 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 activ ities 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 Governmen t 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 P rogramme 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 Governments shall supply t o the Federal Government 
such returns, statistics and information as may be required for monitoring, evaluation 
and research. 
(3) The Provincial Governments 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 pertainin g to National Policy, Planning and 
Coordination, Information, Training, Supplies, Statistics, Monitoring and Evaluation, 
Research and Foreign Assistance. 
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 Governments shall be guided by such guidelines and instructions on 
questions of policy as may be laid down and given from time to ti me 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 t he Federal 
Government from time to time and the Federal Government may transfer to the 
Provincial Governments such other activities of the Programme as it may specify to 
be field activities.  
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 an 
other 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 consu ltation and with the agreement of the Provincial Government 
concerned.  
(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. 
(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, a s 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. 
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 be fore 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 mad e 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. 
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 
accounts and other record in respect of the Population Welfare Programme in such 
manner and for m 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, f or the purpose of carrying out the 
field activities of the Population Welfare Programme, make rules with the prior 
approval of the Federal Government.