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  "title": "TRANSFER OF POPULATION WELFARE PROGRAMME (FIELD ACTIVITIES) ORDINANCE, 1983",
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  "text": "TRANSFER OF POPULATION WELFARE PROGRAMME \r\n(FIELD ACTIVITIES) ORDINANCE, 1983  \r\n(XIX of 1983) \r\nCONTENTS \r\n1. Short title and commencement \r\n2. Ordinance to override other laws \r\n3. Definitions \r\n4. Transfer of field activities to the Provincial Governments \r\n5. Powers, functions and responsibilities of the Provincial Governments \r\n6. Functions of the Federal Government, etc \r\n7. Transfer of other activities to the Provinces \r\n8. Transfer, etc, of employees \r\n9. Assets and liabilities, etc \r\n10. Financing of the Population Welfare Programme \r\n11. Removal of difficulties \r\n12. Power to make rules \r\n \r\n \r\n \r\n \r\n \r\nTEXT \r\nTRANSFER OF POPULATION WEL FARE PROGRAMME (FIELD  \r\nACTIVITIES) ORDINANCE, 1983  \r\n(XIX of 1983) \r\n[2nd August, 1983] \r\nAn \r\nOrdinance \r\nto provide for the transfer of field activities of the Population Welfare Programme to \r\nthe Provincial Governments. \r\nWHEREAS it is expedient to provide for the t ransfer of field activities of the \r\nPopulation Welfare Programme under the Population Welfare Division to the \r\nProvincial Governments for their speedy implementation and exercising effective \r\nsupervision and control and for matters connected therewith or ancillary thereto; \r\nAND WHEREAS  the President is satisfied that circumstances exist which \r\nrender it necessary to take immediate action; \r\nNOW, THEREFORE ,  in pursuance of the proclamation of the fifth day of July, \r\n1977, and in exercise of all powers enabling him in that behalf, the President is \r\npleased to make and promulgate the following Ordinance:– \r\n1.  Short title and commencement .– (1) This Ordinance may be called the \r\nTransfer of Population Welfare Programme (Field Activities) Ordinance, 1983. \r\n(2) It shall come into force on such date as the Federal Government may, \r\nby notification in the official Gazette, appoint. \r\n2.  Ordinance to override  other laws .– This Ordinance shall have effect \r\nnotwithstanding anything contained in any other law for the time being in force. \r\n3. Definitions.– In this Ordinance, unless there is anything repugnant to the \r\nsubject or context,– \r\n(a) “Board” and “Council” shall have the same meaning as in the \r\nPopulation Welfare Planning Programme (Appointment and \r\nTermination of Service) Ordinance, 1981 (XIV of 1981); \r\n(b) “employee” means a person whose services have been regularized \r\nunder the Population Welfare Planning Programme (Appointment and \r\nTermination of Service) Ordinance, 1981 (XIV of 1981), or who has \r\nbeen recruited in or under the Population Welfare  Division after the \r\npromulgation of the said Ordinance; \r\n(c) “field activities” means– \r\n(i) provision of Population Welfare motivational services by \r\nestablishing contacts with the  clients at all levels; \r\n(ii)  provision of Family Health Service, Clinical and Non -clinical \r\ncontraception through Family Welfare Centers and those \r\nReproductive Health Service Establishments located in the \r\nProvincial Government hospitals, and, particularly, provision of \r\nservices for rural areas; \r\n(iii)  provision of Population Welfare motivat ion and services through \r\nline departments of the Provincial Governments; \r\n(iv)  supply of contraceptives and medicines to the desirous clients in \r\nurban and rural areas of the districts through the network of \r\ncommunity distribution points and other agencies involved in the \r\nprogramme; \r\n(v)   implementation of publicity and communication strategy; \r\n(vi)  promotion of community involvement and active participation in \r\nPopulation Welfare Programme activities; \r\n(vii)  coordination of Population Welfare Programme activ ities with \r\nother nation-building departments at district and local levels; \r\n(viii)  setting up of Advisory Management Committees at Family \r\nWelfare Centre level   and Population Welfare Councils at \r\ndistrict and provincial levels as provided in the Population  \r\nWelfare Plan, 1981-84; and \r\n(ix)  any other activity of the Population Welfare Programme that the \r\nFederal Government may specify; \r\n(d) “Population Welfare Programme” means any such Programme in \r\noperation at the commencement of this Ordinance or as may be \r\nformulated by the Federal Government from time to time. \r\n4. Transfer of field activities to the Provincial Governments .– (1) The field \r\nactivities of the Population Welfare Programme shall stand transferred to the \r\nProvincial Governments. \r\n(2)  The Federal Governmen t shall determine as to whether a particular \r\nactivity is a field activity within the meaning of this Ordinance. \r\n5.  Powers, functions and responsibilities of the Provincial Governments .– \r\n(1) Upon the transfer of field activities of the Population Welfare P rogramme to the \r\nProvincial Government, all powers and functions of the Federal Government in \r\nrespect of field activities shall, subject to the other provisions of this Ordinance, vest \r\nin the Provincial Governments. \r\n(2) The Provincial Governments shall supply t o the Federal Government \r\nsuch returns, statistics and information as may be required for monitoring, evaluation \r\nand research. \r\n(3) The Provincial Governments shall closely collaborate with the Federal \r\nGovernment in respect of the functions of the Federal Government referred to in sub-\r\nsection (1) of section 6 and activities which are identified by the Federal Government \r\nas Federal functions. \r\n6.  Functions of the Federal Government, etc .– (1) The Federal Government \r\nshall continue to perform all functions pertainin g to National Policy, Planning and \r\nCoordination, Information, Training, Supplies, Statistics, Monitoring and Evaluation, \r\nResearch and Foreign Assistance. \r\nExplanation.– In this sub -section, “Information” includes “Education” and \r\n“Communication” components of the Population Welfare Programme. \r\n(2)  In the performance of their functions relating to field activities, the \r\nProvincial Governments shall be guided by such guidelines and instructions on \r\nquestions of policy as may be laid down and given from time to ti me by the Federal \r\nGovernment, which shall be the sole judge as to whether a question is a question of \r\npolicy. \r\n7.  Transfer of other activities to the Provinces .– The working of the field \r\nactivities of the Population Welfare Programme shall be reviewed by t he Federal \r\nGovernment from time to time and the Federal Government may transfer to the \r\nProvincial Governments such other activities of the Programme as it may specify to \r\nbe field activities.  \r\n8.  Transfer, etc., of employees .– (1) Notwithstanding anything contained in any \r\ncontract or agreement or in the conditions of service, an employee shall be retained \r\nin the Population Welfare Division or transferred to the Provinces as follows:– \r\n(a) an employee who was recruited or appointed by the Council shall be \r\nretained in, or, as the case may be, stand transferred to the Population \r\nWelfare Division; \r\n(b) an employee who was recruited by the Board shall be retained in, or, \r\nas the case may be, stand transferred to the Province in which he was \r\noriginally recruited; \r\n(c) an employee  who was originally recruited by the Board but \r\nsubsequently appointed by the Council shall be retained in, or, as the \r\ncase may be, stand transferred to the Population Welfare Division; \r\n(d) an employee shall, if he was recruited for the Population Welfare \r\nDivision, be retained in that Division and, if he was recruited against a \r\npost in a Province, stand transferred to the Province of his domicile; \r\nand \r\n(e) a female employee who is married or a widow may be allowed  the \r\noption to be transferred to the Province of the husband’s or late \r\nhusband’s domicile: \r\nProvided that the Provincial Government of the Province in which an \r\nemployee who is to be so transferred to the Population Welfare Division or to an \r\nother Province is serving immediately before the commencement of this  Ordinance \r\nmay retain the services of such employee for such period as may be agreed upon \r\nbetween the Provincial Government and the Population Welfare Division or, as the \r\ncase may be, the Government of the other Province to which he is to be transferred: \r\nProvided further, that the services of an employee, who immediately before \r\nthe commencement of this Ordinance was working in relation to any of the functions \r\nof the Federal Government under the Ordinance, shall be retained by the Federal \r\nGovernment in consu ltation and with the agreement of the Provincial Government \r\nconcerned.  \r\n(2)  Every employee referred to in sub -section (1) shall be entitled to the \r\nsame terms and conditions of service with respect to grade, remuneration, leave and \r\npension to which he was entitled immediately before the commencement of this \r\nOrdinance. \r\n(3)  Unless otherwise directed by the Provincial Government, all authorities \r\nand officers and ministerial staff exercising powers and functions immediately before \r\nthe date of transfer shall, a s from that day, continue to exercise their respective \r\npowers and functions. \r\n(4) No employee referred to in sub -section (1) shall be entitled to any \r\ncompensation because of his transfer by virtue of, or under, the provisions of this \r\nOrdinance. \r\n9.  Assets and liabilities, etc.– On the commencement of this Ordinance,– \r\n(a)  all rights and privileges, assets and liabilities, debts and obligations of \r\nthe Federal Government relating to field activities of the Population \r\nWelfare Programme subsisting immediately be fore such \r\ncommencement shall, as from such commencement, be the rights, \r\nprivileges, assets, liabilities, debts and obligations of the Provincial \r\nGovernment within whose territorial jurisdiction they exist; \r\n(b)  any contract made on behalf of the Federation  for matters relating to \r\nfield activities of the Population Welfare Programme before such \r\ncommencement shall, as from such commencement, if the contract is \r\nfor purposes which are exclusively purposes of the Provincial \r\nGovernment, be deemed to have been mad e on behalf of the Province \r\nconcerned; \r\n(c)  all rights and liabilities relating to field activities of the Population \r\nWelfare Programme which have accrued or may accrue under any \r\nsuch contract shall, to the extent to which they would have been rights \r\nor liabilities of the Federation, be the rights or liabilities of the Province \r\nconcerned; and \r\n(d)  all suits and other legal proceedings relating to field activities of the \r\nPopulation Welfare Programme instituted by or against the Federation \r\nbefore such transfer shall, as from such commencement, be deemed to \r\nbe suits and proceedings by or against the Province concerned. \r\n10.  Financing of the Population Welfare Programme .– (1) The financial liability \r\nof the Federal Government in respect of field activities shall be limited to the extent \r\nof the approved projects and financial grants shall be provided to the Provincial \r\nGovernments through the Development Budget of the Population Welfare Division. \r\n(2)  The grants provided to the Provincial Governments for specific \r\napproved projects shall not be transferred by them to other projects or for any other \r\npurpose. \r\n(3)  The Provincial Government shall maintain complete and accurate \r\naccounts and other record in respect of the Population Welfare Programme in such \r\nmanner and for m as may be specified by the Federal Government in consultation \r\nwith the Auditor General of Pakistan, provided that separate accounts shall be \r\nmaintained for the Head Office and for each organization, unit or project. \r\n(4)  The accounts shall be audited by the Auditor General of Pakistan. \r\n11.  Removal of difficulties .– The Federal Government may, for the purpose of \r\nremoving any difficulty that may arise in bringing into operation, or giving effect to, \r\nany provision of this Ordinance, make such orders as it may consider necessary. \r\n12.  Power to make rules .– (1) The Federal Government may, by notification in \r\nthe official Gazette, make rules for the purpose of giving effect to all or any of the \r\nprovisions of this Ordinance. \r\n(2)  The Provincial Governments may, f or the purpose of carrying out the \r\nfield activities of the Population Welfare Programme, make rules with the prior \r\napproval of the Federal Government.",
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