The North-west Frontier Province Agricultural Research System (handing Over) Ordinance, 1986

THE NORTH-WEST FRONTIER PROVINCE AGRICULTURAL RESEARCH SYSTEM (HANDING OVER) ORDINANCE, 1986.
6th November, 1986.
N. W. F. P. ORDINANCE NO. IX OF 1986.
AN ORDINANCE
to provide for the handing over of the Provincial Agricultural Research System and the transferring of persons employed therein to the North-West Frontier Province Agricultural University.


WHEREAS it is expedient to integrate the agricultural research system of the Province with the agricultural education offered and research under taken in the North West Frontier Province Agricultural University so as to accelerate the process of agricultural development in the Province;

Preamble.

AND WHEREAS for the purposes aforesaid it is necessary that all Agricultural and Livestock Production Research Institutions of the Provincial Government should be handed over, and the staff transferred to the North-West Frontier Province Agricultural University;
AND WHEREAS the Provincial Assembly is not in session and the Governor of the North-West Frontier Province is satisfied that circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 128 of the Constitution of the Islamic Republic of Pakistan, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance;


1.         (1) This Ordinance may the called by North-West Frontier Province Agricultural Research System (Handing Over) Ordinance, 1986.

Short title and commencement.

(2) It shall come into force at once.


2.         In this Ordinance, unless the context otherwise requires.

Definitions
  1. "appointed day" means the date appointed by Government by a notification in the official Gazette, for handing over of the Agricultural Research System to the University;
  2. "Government" means the Government of the North-West Frontier Province;
  3. "Agricultural Research System" means the Directorate of Agricultural Research, and the institutions under its administrative control, the Livestock Production Research Unit (Animal Production Division of the Veterinary Research Development Farm, Surazai, and the Livestock Experiment Station. Jabba) of the Agriculture Department of Government;

 

(d)    "Schedule" means the Schedule appended to the Ordinance;
(e)     "Staff" means the persons employed in the Agricultural Research System;
(f)     "University" means the North-West Frontier Province Agricultural University established under the North-West Frontier Province Agricultural University Ordinance. 1981 (N.-W. F. P. Ord. 1 of 1981).


Handing over of the agricultural research system

3.         As from the appointed day, the Agricultural Research System  shall stand transferred to, and vest in, the University.

Transfer of assets and liabilities.

4.         All rights, physical assets, liabilities and obiligations of the Agricultural Research System, and all suits and other proceedings if any, by or against, the Agricultural Research System, shall be deemed to be rights, physical assets, liabilities and obligations, or. as the case may be, matters and things engaged to be done by, with or for, and suits and other proceedings by or against the University.

Transfer of employees.

5.         (1) As from the appointed day, all such employees engaged  by, for or on behalf of the Agricultural Research System who opt for service under the University, shall stand transferred to the University for service on such terms and conditions as may be offered or prescribed by the University.

Provide that such terms and conditions shall not be less favourable than those admissible to them under Government immediately before the appointed day.

  1. For the purposes of sub-section (1) the option shall be exercised within ninety days from the appointed day in the form specified in the Schedule and, in case of those who so opt, the service rendered by them under Government, shall, for all purposes be deemed to be service rendered under the University.   The option cage exercised shall be final.
  2. Persons who do not opt for service under the University shall, subject to availability of posts and fulfilment of the prescribed conditions of eligibility, be absorbed in equivalent or lower posts in any Wing of the Agriculture Department of Government or any other Department;

Provided that if there be no such post or they do not fulfil the prescribed conditions of eligibility , they shall be retired from service, subject to payment of such proportionate pension or gratuity, or both, as may be admissible to them under the law and  the rules for the time being in force.


Maintenance of General Provident Fund.

6.         The accumulation on the appointed day in the General Provident    Fund accounts of all those who opt for service under the University shall remain deposited with, and maintained by the Accountant General, North-West Frontier Province, but shall, after the appointed day, be administered by or under the Authority of the University.

7.         The Agricultural Research System shall be represented on the following bodies of the University by the officers indicated against each:—

Representation of the Agricultural staff on various bodies.

(a)  Syndicate     ..

Director of Agricultural Research System.

 

(b)  Selection Board

(i)    Director Agricultural Research System.
(ii)   Concerned Director of the Agricultural Research System.

 

(c)  Academic Council

Director Agricultural Research System.

 

(d) Boards of Faculties

Director of the Agricultural Research System

 

(e)  Boards of Studies

Concerned sectional heads of the Agricultural Research System.

 

8.         (1) Notwithstanding the transfer of the Agricultural Research System to the University,—

Allocation of funds.
  1. Government shall continue to make allocation of funds from the current and development budgets to the University in respect of the staff and the Agricultural Research System so transferred; and
  2. receipts from the agricultural research system so transferred shall continue to be credited to the relevent head of accounts of the Government's.
  3. For the purposes of clause (a) of sub-section (1) the funds shall be allocated to the University through the Agriculture Department of Government after the estimates have been approved in the prescribed manner by the Planning and Development and the Finance Department of Government.
  4. Schemes to be financed out of Agricultural Development Programme's allocations shall be approved and reviewed in the manner prescribed by Government.

9.         The On-going foreign aided projects will continue to be implemented in accordance with the terms and conditions of the agreement relating to the execution of such projects.

Implementation of foreign aided projects.

10.       Government, in consultation with the University shall fix priorities for research in crops and livestock.

Fixation of research priorities.

11.       No suit, prosecution or other legal proceedings shall lie against Government or any other person for anything in good faith done or intended to be done under the Ordinance or any rate or order made thereunder.

Indemnity.

12.       For the purpose of carrying into effect the provisions of the Ordinance, Government may, in such manner as it may consider necessary

Removal of difficulties.

 

or expedient, provided for;

  1. the removal of difficulties arising out of or in connection with the transfer to, and vesting of the Agricultural Research System is, the University; and
  2. other matters supplemental or incidental to, or consequential upon, such transfer and vesting of the Agricultural Research System.

Provisions to over-ride other laws.

13.       The provisions of this Ordinance and the rules and orders made thereunder shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force.

Power to make rules.

14.       Government may make rules for carrying out the purposes of this Ordinance.

SCHEDULE
[See Section 5 (2)]
1 (Mr ……………………………………………………….)
hereby opt/do not opt for transfer of my services from the Agriculture Department, Government of North-West Frontier Province to the Northwest Frontier Province Agricultural University under such terms and conditions as prescribed by the University.

Signature …………………………………..

 

Attachments

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